ENROLLED
       2009 Legislature                                         SB 1284
       
       
       
       
       
       
                                                             20091284er
    1  
    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   26         their purpose, or have been impliedly repealed or
   27         superseded; replacing incorrect cross-references and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  
  197  AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
  198  FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
  199  SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
  200  OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
  201  RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
  202  THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
  203  WITHOUT A HEARING.
  204         8. The mailing address of the parent or other person
  205  seeking to relocate to which the objection filed under
  206  subsection (5) to the Notice of Intent to Relocate should be
  207  sent.
  208  
  209  The contents of the Notice of Intent to Relocate are not
  210  privileged. For purposes of encouraging amicable resolution of
  211  the relocation issue, a copy of the Notice of Intent to Relocate
  212  shall initially not be filed with the court but instead served
  213  upon the nonrelocating parent, other person, and every other
  214  person entitled to time-sharing with the child, and the original
  215  thereof shall be maintained by the parent or other person
  216  seeking to relocate.
  217         (b) The parent seeking to relocate shall also prepare a
  218  Certificate of Serving Notice of Intent to Relocate. The
  219  certificate shall certify the date that the Notice of Intent to
  220  Relocate was served on the other parent and on every other
  221  person entitled to time-sharing with the child.
  222         (c) The Notice of Intent to Relocate, and the Certificate
  223  of Serving Notice of Intent to Relocate, shall be served on the
  224  other parent and on every other person entitled to time-sharing
  225  with the child. If there is a pending court action regarding the
  226  child, service of process may be according to court rule.
  227  Otherwise, service of process shall be according to chapters 48
  228  and 49 or via certified mail, restricted delivery, return
  229  receipt requested.
  230         (d) A person giving notice of a proposed relocation or
  231  change of residence address under this section has a continuing
  232  duty to provide current and updated information required by this
  233  section when that information becomes known.
  234         (e) If the other parent and any other person entitled to
  235  time-sharing with the child fails to timely file an objection,
  236  it shall be presumed that the relocation is in the best interest
  237  of the child, the relocation shall be allowed, and the court
  238  shall, absent good cause, enter an order, attaching a copy of
  239  the Notice of Intent to Relocate, reflecting that the order is
  240  entered as a result of the failure to object to the Notice of
  241  Intent to Relocate, and adopting the time-sharing schedule and
  242  transportation arrangements contained in the Notice of Intent to
  243  Relocate. The order may issue in an expedited manner without the
  244  necessity of an evidentiary hearing. If an objection is timely
  245  filed, the burden returns to the parent or person seeking to
  246  relocate to initiate court proceedings to obtain court
  247  permission to relocate before doing so.
  248         (f) The act of relocating the child after failure to comply
  249  with the notice of intent to relocate procedure described in
  250  this subsection subjects the party in violation thereof to
  251  contempt and other proceedings to compel the return of the child
  252  and may be taken into account by the court in any initial or
  253  postjudgment action seeking a determination or modification of
  254  the parenting plan or the time-sharing schedule, or both, as:
  255         1. A factor in making a determination regarding the
  256  relocation of a child.
  257         2. A factor in determining whether the parenting plan or
  258  the time-sharing schedule should be modified.
  259         3. A basis for ordering the temporary or permanent return
  260  of the child.
  261         4. Sufficient cause to order the parent or other person
  262  seeking to relocate the child to pay reasonable expenses and
  263  attorney's fees incurred by the party objecting to the
  264  relocation.
  265         5. Sufficient cause for the award of reasonable attorney's
  266  fees and costs, including interim travel expenses incident to
  267  time-sharing or securing the return of the child.
  268         (4) APPLICABILITY OF PUBLIC RECORDS LAW.—If the parent or
  269  other person seeking to relocate a child, or the child, is
  270  entitled to prevent disclosure of location information under any
  271  public records exemption applicable to that person, the court
  272  may enter any order necessary to modify the disclosure
  273  requirements of this section in compliance with the public
  274  records exemption.
  275         (5) CONTENT OF OBJECTION TO RELOCATION.—An objection
  276  seeking to prevent the relocation of a child must be verified
  277  and served within 30 days after service of the Notice of Intent
  278  to Relocate. The objection must include the specific factual
  279  basis supporting the reasons for seeking a prohibition of the
  280  relocation, including a statement of the amount of participation
  281  or involvement the objecting party currently has or has had in
  282  the life of the child.
  283         (6) TEMPORARY ORDER.—
  284         (a) The court may grant a temporary order restraining the
  285  relocation of a child or ordering the return of the child, if a
  286  relocation has previously taken place, or other appropriate
  287  remedial relief, if the court finds:
  288         1. The required notice of a proposed relocation of a child
  289  was not provided in a timely manner;
  290         2. The child already has been relocated without notice or
  291  written agreement of the parties or without court approval; or
  292         3. From an examination of the evidence presented at the
  293  preliminary hearing that there is a likelihood that upon final
  294  hearing the court will not approve the relocation of the child.
  295         (b) The court may grant a temporary order permitting the
  296  relocation of the child pending final hearing, if the court:
  297         1. Finds that the required Notice of Intent to Relocate was
  298  provided in a timely manner; and
  299         2. Finds from an examination of the evidence presented at
  300  the preliminary hearing that there is a likelihood that on final
  301  hearing the court will approve the relocation of the child,
  302  which findings must be supported by the same factual basis as
  303  would be necessary to support the permitting of relocation in a
  304  final judgment.
  305         (c) If the court has issued a temporary order authorizing a
  306  party seeking to relocate or move a child before a final
  307  judgment is rendered, the court may not give any weight to the
  308  temporary relocation as a factor in reaching its final decision.
  309         (d) If temporary relocation of a child is permitted, the
  310  court may require the person relocating the child to provide
  311  reasonable security, financial or otherwise, and guarantee that
  312  the court-ordered contact with the child will not be interrupted
  313  or interfered with by the relocating party.
  314         (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
  315  RELOCATION.—A presumption does not arise in favor of or against
  316  a request to relocate with the child when a parent seeks to move
  317  the child and the move will materially affect the current
  318  schedule of contact, access, and time-sharing with the
  319  nonrelocating parent or other person. In reaching its decision
  320  regarding a proposed temporary or permanent relocation, the
  321  court shall evaluate all of the following factors:
  322         (a) The nature, quality, extent of involvement, and
  323  duration of the child's relationship with the parent proposing
  324  to relocate with the child and with the nonrelocating parent,
  325  other persons, siblings, half-siblings, and other significant
  326  persons in the child's life.
  327         (b) The age and developmental stage of the child, the needs
  328  of the child, and the likely impact the relocation will have on
  329  the child's physical, educational, and emotional development,
  330  taking into consideration any special needs of the child.
  331         (c) The feasibility of preserving the relationship between
  332  the nonrelocating parent or other person and the child through
  333  substitute arrangements that take into consideration the
  334  logistics of contact, access, and time-sharing, as well as the
  335  financial circumstances of the parties; whether those factors
  336  are sufficient to foster a continuing meaningful relationship
  337  between the child and the nonrelocating parent or other person;
  338  and the likelihood of compliance with the substitute
  339  arrangements by the relocating parent once he or she is out of
  340  the jurisdiction of the court.
  341         (d) The child's preference, taking into consideration the
  342  age and maturity of the child.
  343         (e) Whether the relocation will enhance the general quality
  344  of life for both the parent seeking the relocation and the
  345  child, including, but not limited to, financial or emotional
  346  benefits or educational opportunities.
  347         (f) The reasons of each parent or other person for seeking
  348  or opposing the relocation.
  349         (g) The current employment and economic circumstances of
  350  each parent or other person and whether or not the proposed
  351  relocation is necessary to improve the economic circumstances of
  352  the parent or other person seeking relocation of the child.
  353         (h) That the relocation is sought in good faith and the
  354  extent to which the objecting parent has fulfilled his or her
  355  financial obligations to the parent or other person seeking
  356  relocation, including child support, spousal support, and
  357  marital property and marital debt obligations.
  358         (i) The career and other opportunities available to the
  359  objecting parent or objecting other person if the relocation
  360  occurs.
  361         (j) A history of substance abuse or domestic violence as
  362  defined in s. 741.28 or which meets the criteria of s.
  363  39.806(1)(d) by either parent, including a consideration of the
  364  severity of such conduct and the failure or success of any
  365  attempts at rehabilitation.
  366         (k) Any other factor affecting the best interest of the
  367  child or as set forth in s. 61.13.
  368         (8) BURDEN OF PROOF.—The parent or other person wishing to
  369  relocate has the burden of proof if an objection is filed and
  370  must then initiate a proceeding seeking court permission for
  371  relocation. The initial burden is on the parent or person
  372  wishing to relocate to prove by a preponderance of the evidence
  373  that relocation is in the best interest of the child. If that
  374  burden of proof is met, the burden shifts to the nonrelocating
  375  parent or other person to show by a preponderance of the
  376  evidence that the proposed relocation is not in the best
  377  interest of the child.
  378         (9) ORDER REGARDING RELOCATION.—If relocation is permitted:
  379         (a) The court may, in its discretion, order contact with
  380  the nonrelocating parent, including access, time-sharing,
  381  telephone, Internet, webcam, and other arrangements sufficient
  382  to ensure that the child has frequent, continuing, and
  383  meaningful contact, access, and time-sharing with the
  384  nonrelocating parent or other persons, if contact is financially
  385  affordable and in the best interest of the child.
  386         (b) If applicable, the court shall specify how the
  387  transportation costs will be allocated between the parents and
  388  other persons entitled to contact, access, and time-sharing and
  389  may adjust the child support award, as appropriate, considering
  390  the costs of transportation and the respective net incomes of
  391  the parents in accordance with the state child support
  392  guidelines schedule.
  393         (10) PRIORITY FOR HEARING OR TRIAL.—An evidentiary hearing
  394  or nonjury trial on a pleading seeking temporary or permanent
  395  relief filed under this section shall be accorded priority on
  396  the court's calendar.
  397         (11) APPLICABILITY.—
  398         (a) This section applies:
  399         1. To orders entered before October 1, 2006, if the
  400  existing order defining custody, primary residence, time
  401  sharing, or visitation of or with the child does not expressly
  402  govern the relocation of the child.
  403         2. To an order, whether temporary or permanent, regarding
  404  the parenting plan, custody, primary residence, time-sharing, or
  405  visitation of or with the child entered on or after October 1,
  406  2006.
  407         3. To any relocation or proposed relocation, whether
  408  permanent or temporary, of a child during any proceeding pending
  409  on October 1, 2006, wherein the parenting plan, custody, primary
  410  residence, time-sharing, or visitation of or with the child is
  411  an issue.
  412         (b) To the extent that a provision of this section
  413  conflicts with an order existing on October 1, 2006, this
  414  section does not apply to the terms of that order which
  415  expressly govern relocation of the child or a change in the
  416  principal residence address of a parent.
  417         Reviser's note.—Section 9, ch. 2008-61, Laws of
  418         Florida, amended s. 61.13001 without publishing
  419         existing subsection (8). Absent affirmative evidence
  420         of legislative intent to repeal existing subsection
  421         (8), s. 61.13001 is reenacted to confirm that the
  422         omission was not intended.
  423         Section 6. Paragraph (a) of subsection (5) of section
  424  112.661, Florida Statutes, is amended to read:
  425         112.661 Investment policies.—Investment of the assets of
  426  any local retirement system or plan must be consistent with a
  427  written investment policy adopted by the board. Such policies
  428  shall be structured to maximize the financial return to the
  429  retirement system or plan consistent with the risks incumbent in
  430  each investment and shall be structured to establish and
  431  maintain an appropriate diversification of the retirement system
  432  or plan's assets.
  433         (5) AUTHORIZED INVESTMENTS.—
  434         (a) The investment policy shall list investments authorized
  435  by the board. Investments not listed in the investment policy
  436  are prohibited. Unless otherwise authorized by law or ordinance,
  437  the investment of the assets of any local retirement system or
  438  plan covered by this part shall be subject to the limitations
  439  and conditions set forth in s. 215.47(1)-(6), (8), (9), (11),
  440  and (17) 215.47(1)-(8), (10), and (16).
  441         Reviser's note.—Amended to conform to the addition of
  442         a new s. 215.47(7) by s. 3, ch. 2008-31, Laws of
  443         Florida.
  444         Section 7. Paragraph (a) of subsection (1) of section
  445  121.051, Florida Statutes, is amended to read:
  446         121.051 Participation in the system.—
  447         (1) COMPULSORY PARTICIPATION.—
  448         (a) The provisions of this law shall be compulsory as to
  449  all officers and employees, except elected officers who meet the
  450  requirements of s. 121.052(3), who are employed on or after
  451  December 1, 1970, of an employer other than those referred to in
  452  paragraph (2)(b), and each officer or employee, as a condition
  453  of employment, shall become a member of the system as of his or
  454  her date of employment, except that a person who is retired from
  455  any state retirement system and is reemployed on or after
  456  December 1, 1970, may not renew his or her membership in any
  457  state retirement system except as provided in s. 121.091(4)(h)
  458  for a person who recovers from disability, and as provided in s.
  459  121.091(9)(b)8. for a person who is elected to public office,
  460  and, effective July 1, 1991, as provided in s. 121.122 for all
  461  other retirees. Officers and employees of the University
  462  Athletic Association, Inc., a nonprofit association connected
  463  with the University of Florida, employed on and after July 1,
  464  1979, shall not participate in any state-supported retirement
  465  system.
  466         1. Any person appointed on or after July 1, 1989, to a
  467  faculty position in a college at the J. Hillis Miller Health
  468  Center at the University of Florida or the Medical Center at the
  469  University of South Florida which has a faculty practice plan
  470  provided by rule adopted by the Board of Regents may not
  471  participate in the Florida Retirement System. Effective July 1,
  472  2008, any person appointed thereafter to a faculty position,
  473  including clinical faculty, in a college at a state university
  474  that has a faculty practice plan authorized by the Board of
  475  Governors may not participate in the Florida Retirement System.
  476  A faculty member so appointed shall participate in the optional
  477  retirement program for the State University System
  478  notwithstanding the provisions of s. 121.35(2)(a).
  479         2. For purposes of this paragraph subparagraph, the term
  480  “faculty position” is defined as a position assigned the
  481  principal responsibility of teaching, research, or public
  482  service activities or administrative responsibility directly
  483  related to the academic mission of the college. The term
  484  “clinical faculty” is defined as a faculty position appointment
  485  in conjunction with a professional position in a hospital or
  486  other clinical environment at a college. The term “faculty
  487  practice plan” includes professional services to patients,
  488  institutions, or other parties which are rendered by the
  489  clinical faculty employed by a college that has a faculty
  490  practice plan at a state university authorized by the Board of
  491  Governors.
  492         Reviser's note.—The word “paragraph” was substituted
  493         by the editors for the word “subparagraph” to conform
  494         to context.
  495         Section 8. Paragraph (a) of subsection (2) of section
  496  121.153, Florida Statutes, is amended to read:
  497         121.153 Investments in institutions doing business in or
  498  with Northern Ireland.—
  499         (2)(a) Notwithstanding any other provision of law, and
  500  consistent with the investment policy set forth in ss. 215.44(2)
  501  and 215.47(10) 215.47(9), the moneys or assets of the System
  502  Trust Fund invested or deposited in any financial institution,
  503  as defined in s. 655.005, which, directly or through a
  504  subsidiary, on or after October 1, 1988, makes any loan, extends
  505  credit of any kind or character, or advances funds in any manner
  506  to Northern Ireland or national corporations of Northern Ireland
  507  or agencies or instrumentalities thereof shall reflect the
  508  extent to which such entities have endeavored to eliminate
  509  ethnic or religious discrimination as determined pursuant to
  510  paragraph (1)(b).
  511         Reviser's note.—Amended to conform to the addition of
  512         a new s. 215.47(7) by s. 3, ch. 2008-31, Laws of
  513         Florida.
  514         Section 9. Paragraph (a) of subsection (9) of section
  515  161.085, Florida Statutes, is amended to read:
  516         161.085 Rigid coastal armoring structures.—
  517         (9) The department may authorize dune restoration
  518  incorporating sand-filled geotextile containers or similar
  519  structures proposed as the core of a restored dune feature when
  520  the conditions of paragraphs (a)-(c) and the requirements of s.
  521  161.053 are met.
  522         (a) A permit may be granted by the department under this
  523  subsection for dune restoration incorporating geotextile
  524  containers or similar structures provided that such projects:
  525         1. Provide for the protection of an existing major
  526  structure or public infrastructure, and, notwithstanding any
  527  definition in department rule to the contrary, that major
  528  structure or public infrastructure is vulnerable to damage from
  529  frequent coastal storms, or is upland of a beach-dune system
  530  which has experienced significant beach erosion from such storm
  531  events.
  532         2. Are constructed using native or beach-quality sand and
  533  native salt-tolerant vegetation suitable for dune stabilization
  534  as approved by the department.
  535         3. May include materials other than native or beach-quality
  536  sand such as geotextile materials that are used to contain
  537  beach-quality sand for the purposes of maintaining the stability
  538  and longevity of the dune core.
  539         4. Are continuously covered with 3 feet of native or beach
  540  quality sand and stabilized with native salt-tolerant
  541  vegetation.
  542         5. Are sited as far landward as practicable, balancing the
  543  need to minimize excavation of the beach-dune system, impacts to
  544  nesting marine turtles and other nesting state or federally
  545  threatened or endangered species, and impacts to adjacent
  546  properties.
  547         6. Are designed and sited in a manner that will minimize
  548  the potential for erosion.
  549         7. Do not materially impede access by the public.
  550         8. Are designed to minimize adverse effects to nesting
  551  marine turtles and turtle hatchlings, consistent with s.
  552  379.2431 370.12.
  553         9. Are designed to facilitate easy removal of the
  554  geotextile containers if needed.
  555         10. The United States Fish and Wildlife Service has
  556  approved an Incidental Take Permit for marine turtles and other
  557  federally threatened or endangered species pursuant to s. 7 or
  558  s. 10 of the Endangered Species Act for the placement of the
  559  structure if an Incidental Take Permit is required.
  560         Reviser's note.—Amended to conform to the transfer of
  561         s. 370.12 to s. 379.2431 by s. 73, ch. 2008-247, Laws
  562         of Florida.
  563         Section 10. Paragraph (c) of subsection (6) of section
  564  163.3177, Florida Statutes, is amended to read:
  565         163.3177 Required and optional elements of comprehensive
  566  plan; studies and surveys.—
  567         (6) In addition to the requirements of subsections (1)-(5)
  568  and (12), the comprehensive plan shall include the following
  569  elements:
  570         (c) A general sanitary sewer, solid waste, drainage,
  571  potable water, and natural groundwater aquifer recharge element
  572  correlated to principles and guidelines for future land use,
  573  indicating ways to provide for future potable water, drainage,
  574  sanitary sewer, solid waste, and aquifer recharge protection
  575  requirements for the area. The element may be a detailed
  576  engineering plan including a topographic map depicting areas of
  577  prime groundwater recharge. The element shall describe the
  578  problems and needs and the general facilities that will be
  579  required for solution of the problems and needs. The element
  580  shall also include a topographic map depicting any areas adopted
  581  by a regional water management district as prime groundwater
  582  recharge areas for the Floridan or Biscayne aquifers. These
  583  areas shall be given special consideration when the local
  584  government is engaged in zoning or considering future land use
  585  for said designated areas. For areas served by septic tanks,
  586  soil surveys shall be provided which indicate the suitability of
  587  soils for septic tanks. Within 18 months after the governing
  588  board approves an updated regional water supply plan, the
  589  element must incorporate the alternative water supply project or
  590  projects selected by the local government from those identified
  591  in the regional water supply plan pursuant to s. 373.0361(2)(a)
  592  or proposed by the local government under s. 373.0361(8)(b)
  593  373.0361(7)(b). If a local government is located within two
  594  water management districts, the local government shall adopt its
  595  comprehensive plan amendment within 18 months after the later
  596  updated regional water supply plan. The element must identify
  597  such alternative water supply projects and traditional water
  598  supply projects and conservation and reuse necessary to meet the
  599  water needs identified in s. 373.0361(2)(a) within the local
  600  government's jurisdiction and include a work plan, covering at
  601  least a 10 year planning period, for building public, private,
  602  and regional water supply facilities, including development of
  603  alternative water supplies, which are identified in the element
  604  as necessary to serve existing and new development. The work
  605  plan shall be updated, at a minimum, every 5 years within 18
  606  months after the governing board of a water management district
  607  approves an updated regional water supply plan. Amendments to
  608  incorporate the work plan do not count toward the limitation on
  609  the frequency of adoption of amendments to the comprehensive
  610  plan. Local governments, public and private utilities, regional
  611  water supply authorities, special districts, and water
  612  management districts are encouraged to cooperatively plan for
  613  the development of multijurisdictional water supply facilities
  614  that are sufficient to meet projected demands for established
  615  planning periods, including the development of alternative water
  616  sources to supplement traditional sources of groundwater and
  617  surface water supplies.
  618         Reviser's note.—Amended to conform to the
  619         redesignation of subunits of s. 373.0361 by s. 1, ch.
  620         2008-232, Laws of Florida.
  621         Section 11. Section 193.074, Florida Statutes, is amended
  622  to read:
  623         193.074 Confidentiality of returns.—All returns of property
  624  and returns required by former s. 201.022 submitted by the
  625  taxpayer pursuant to law shall be deemed to be confidential in
  626  the hands of the property appraiser, the clerk of the circuit
  627  court, the department, the tax collector, the Auditor General,
  628  and the Office of Program Policy Analysis and Government
  629  Accountability, and their employees and persons acting under
  630  their supervision and control, except upon court order or order
  631  of an administrative body having quasi-judicial powers in ad
  632  valorem tax matters, and such returns are exempt from the
  633  provisions of s. 119.07(1).
  634         Reviser's note.—Amended to conform to the repeal of s.
  635         201.022 by s. 1, ch. 2008-24, Laws of Florida.
  636         Section 12. Paragraph (b) of subsection (6) of section
  637  193.1554, Florida Statutes, is amended to read:
  638         193.1554 Assessment of nonhomestead residential property.—
  639         (6)
  640         (b) Changes, additions, or improvements that replace all or
  641  a portion of nonhomestead residential property damaged or
  642  destroyed by misfortune or calamity shall not increase the
  643  property's assessed value when the square footage of the
  644  property as changed or improved does not exceed 110 percent of
  645  the square footage of the property before the damage or
  646  destruction. Additionally, the property's assessed value shall
  647  not increase if the total square footage of the property as
  648  changed or improved does not exceed 1,500 square feet. Changes,
  649  additions, or improvements that do not cause the total to exceed
  650  110 percent of the total square footage of the property before
  651  the damage or destruction or that do not cause the total to
  652  exceed 1,500 total square feet shall be reassessed as provided
  653  under subsection (3). The property's assessed value shall be
  654  increased by the just value of that portion of the changed or
  655  improved property which is in excess of 110 percent of the
  656  square footage of the property before the damage or destruction
  657  or of that portion exceeding 1,500 square feet. Property damaged
  658  or destroyed by misfortune or calamity which, after being
  659  changed or improved, has a square footage of less than 100
  660  percent of the property's total square footage before the damage
  661  or destruction shall be assessed pursuant to subsection (8) (7).
  662  This paragraph applies to changes, additions, or improvements
  663  commenced within 3 years after the January 1 following the
  664  damage or destruction of the property.
  665         Reviser's note.—Amended to conform to the
  666         redesignation of subsection (7) as subsection (8) by
  667         s. 4, ch. 2008-173, Laws of Florida.
  668         Section 13. Paragraph (b) of subsection (6) of section
  669  193.1555, Florida Statutes, is amended to read:
  670         193.1555 Assessment of certain residential and
  671  nonresidential real property.—
  672         (6)
  673         (b) Changes, additions, or improvements that replace all or
  674  a portion of nonresidential real property damaged or destroyed
  675  by misfortune or calamity shall not increase the property's
  676  assessed value when the square footage of the property as
  677  changed or improved does not exceed 110 percent of the square
  678  footage of the property before the damage or destruction and do
  679  not change the property's character or use. Changes, additions,
  680  or improvements that do not cause the total to exceed 110
  681  percent of the total square footage of the property before the
  682  damage or destruction and do not change the property's character
  683  or use shall be reassessed as provided under subsection (3). The
  684  property's assessed value shall be increased by the just value
  685  of that portion of the changed or improved property which is in
  686  excess of 110 percent of the square footage of the property
  687  before the damage or destruction. Property damaged or destroyed
  688  by misfortune or calamity which, after being changed or
  689  improved, has a square footage of less than 100 percent of the
  690  property's total square footage before the damage or destruction
  691  shall be assessed pursuant to subsection (8) (7). This paragraph
  692  applies to changes, additions, or improvements commenced within
  693  3 years after the January 1 following the damage or destruction
  694  of the property.
  695         Reviser's note.—Amended to conform to the
  696         redesignation of subsection (7) as subsection (8) by
  697         s. 5, ch. 2008-173, Laws of Florida.
  698         Section 14. Paragraph (c) of subsection (1) and subsection
  699  (5) of section 201.15, Florida Statutes, are amended to read:
  700         201.15 Distribution of taxes collected.—All taxes collected
  701  under this chapter are subject to the service charge imposed in
  702  s. 215.20(1). Prior to distribution under this section, the
  703  Department of Revenue shall deduct amounts necessary to pay the
  704  costs of the collection and enforcement of the tax levied by
  705  this chapter. Such costs and the service charge may not be
  706  levied against any portion of taxes pledged to debt service on
  707  bonds to the extent that the costs and service charge are
  708  required to pay any amounts relating to the bonds. All taxes
  709  remaining after deduction of costs and the service charge shall
  710  be distributed as follows:
  711         (1) Sixty-three and thirty-one hundredths percent of the
  712  remaining taxes collected under this chapter shall be used for
  713  the following purposes:
  714         (c) The remainder of the moneys distributed under this
  715  subsection, after the required payments under paragraphs (a) and
  716  (b), shall be paid into the State Treasury to the credit of:
  717         1. The State Transportation Trust Fund in the Department of
  718  Transportation in the amount of the lesser of 38.2 percent of
  719  the remainder or $541.75 million in each fiscal year, to be used
  720  for the following specified purposes, notwithstanding any other
  721  law to the contrary:
  722         a. For the purposes of capital funding for the New Starts
  723  Transit Program, authorized by Title 49, U.S.C. s. 5309 and
  724  specified in s. 341.051, 10 percent of these funds;
  725         b. For the purposes of the Small County Outreach Program
  726  specified in s. 339.2818, 5 percent of these funds;
  727         c. For the purposes of the Strategic Intermodal System
  728  specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
  729  of these funds after allocating for the New Starts Transit
  730  Program described in sub-subparagraph a. and the Small County
  731  Outreach Program described in sub-subparagraph b.; and
  732         d. For the purposes of the Transportation Regional
  733  Incentive Program specified in s. 339.2819, 25 percent of these
  734  funds after allocating for the New Starts Transit Program
  735  described in sub-subparagraph a. and the Small County Outreach
  736  Program described in sub-subparagraph b.
  737         2. The Water Protection and Sustainability Program Trust
  738  Fund in the Department of Environmental Protection in the amount
  739  of the lesser of 5.64 percent of the remainder or $80 million in
  740  each fiscal year, to be used as required by s. 403.890.
  741         3. The Grants and Donations Trust Fund in the Department of
  742  Community Affairs in the amount of the lesser of .23 percent of
  743  the remainder or $3.25 million in each fiscal year, with 92
  744  percent to be used to fund technical assistance to local
  745  governments and school boards on the requirements and
  746  implementation of this act and the remaining amount to be used
  747  to fund the Century Commission established in s. 163.3247.
  748         4. The Ecosystem Management and Restoration Trust Fund in
  749  the amount of the lesser of 2.12 percent of the remainder or $30
  750  million in each fiscal year, to be used for the preservation and
  751  repair of the state's beaches as provided in ss. 161.091
  752  161.212.
  753         5. The Marine Resources Conservation Trust Fund in the
  754  amount of the lesser of .14 percent of the remainder or $2
  755  million in each fiscal year, to be used for marine mammal care
  756  as provided in s. 379.208(3) 370.0603(3).
  757         6. General Inspection Trust Fund in the amount of the
  758  lesser of .02 percent of the remainder or $300,000 in each
  759  fiscal year to be used to fund oyster management and restoration
  760  programs as provided in s. 379.362(3) 370.07(3).
  761  
  762  Moneys distributed pursuant to this paragraph may not be pledged
  763  for debt service unless such pledge is approved by referendum of
  764  the voters.
  765         (5)(a)For the 2007-2008 fiscal year, 3.96 percent of the
  766  remaining taxes collected under this chapter shall be paid into
  767  the State Treasury to the credit of the Conservation and
  768  Recreation Lands Trust Fund to carry out the purposes set forth
  769  in s. 259.032. Ten and five-hundredths percent of the amount
  770  credited to the Conservation and Recreation Lands Trust Fund
  771  pursuant to this subsection shall be transferred to the State
  772  Game Trust Fund and used for land management activities.
  773         (b) Beginning July 1, 2008, 3.52 percent of the remaining
  774  taxes collected under this chapter shall be paid into the State
  775  Treasury to the credit of the Conservation and Recreation Lands
  776  Trust Fund to carry out the purposes set forth in s. 259.032.
  777  Eleven and fifteen hundredths percent of the amount credited to
  778  the Conservation and Recreation Lands Trust Fund pursuant to
  779  this subsection shall be transferred to the State Game Trust
  780  Fund and used for land management activities.
  781         Reviser's note.—Paragraph (1)(c) is amended to conform
  782         to the redesignation of s. 370.0603(3) as s.
  783         379.208(3) by s. 18, ch. 2008-247, Laws of Florida,
  784         and the redesignation of s. 370.07(3) as s. 379.362(3)
  785         by s. 147, ch. 2008-247. Subsection (5) is amended to
  786         delete obsolete language applicable only to the 2007
  787         2008 fiscal year.
  788         Section 15. Subsection (4) of section 211.31, Florida
  789  Statutes, is amended to read:
  790         211.31 Levy of tax on severance of certain solid minerals;
  791  rate, basis, and distribution of tax.—
  792         (4) The expenses of administering this part and ss.
  793  378.011, 378.021, 378.031, and 378.101 shall be borne by the
  794  Land Reclamation Trust Fund, the Nonmandatory Land Reclamation
  795  Trust Fund, and the Phosphate Research Trust Fund.
  796         Reviser's note.—Amended to conform to the repeal of s.
  797         378.011 by s. 24, ch. 2008-150, Laws of Florida.
  798         Section 16. Subsection (4) of section 215.50, Florida
  799  Statutes, is amended to read:
  800         215.50 Custody of securities purchased; income.—
  801         (4) Securities that the board selects to use for options
  802  operations under s. 215.45 or for lending under s. 215.47(17)
  803  215.47(16) shall be registered by the Chief Financial Officer in
  804  the name of a third-party nominee in order to facilitate such
  805  operations.
  806         Reviser's note.—Amended to conform to the
  807         redesignation of subunits of s. 215.47 by s. 3, ch.
  808         2008-31, Laws of Florida.
  809         Section 17. Paragraph (a) of subsection (7) of section
  810  215.555, Florida Statutes, is amended to read:
  811         215.555 Florida Hurricane Catastrophe Fund.—
  812         (7) ADDITIONAL POWERS AND DUTIES.—
  813         (a) The board may procure reinsurance from reinsurers
  814  acceptable to the Office of Insurance Regulation for the purpose
  815  of maximizing the capacity of the fund and may enter into
  816  capital market transactions, including, but not limited to,
  817  industry loss warranties, catastrophe bonds, side-car
  818  arrangements, or financial contracts permissible for the board's
  819  usage under s. 215.47(11) and (12) 215.47(10) and (11),
  820  consistent with prudent management of the fund.
  821         Reviser's note.—Amended to conform to the
  822         redesignation of subunits of s. 215.47 by s. 3, ch.
  823         2008-31, Laws of Florida.
  824         Section 18. Paragraph (b) of subsection (1) of section
  825  215.5595, Florida Statutes, is amended to read:
  826         215.5595 Insurance Capital Build-Up Incentive Program.—
  827         (1) Upon entering the 2008 hurricane season, the
  828  Legislature finds that:
  829         (b) Citizens Property Insurance Corporation has over 1.2
  830  million policies in force, has the largest market share of any
  831  insurer writing residential property insurance insurer in the
  832  state, and faces the threat of a catastrophic loss that must be
  833  funded by assessments against insurers and policyholders, unless
  834  otherwise funded by the state. The program has a substantial
  835  positive effect on the depopulation efforts of Citizens Property
  836  Insurance Corporation since companies participating in the
  837  program have removed over 199,000 policies from the corporation.
  838  Companies participating in the program have issued a significant
  839  number of new policies, thereby keeping an estimated 480,000 new
  840  policies out of the corporation.
  841         Reviser's note.—Amended to confirm the substitution by
  842         the editors of the word “insurance” for the word
  843         “insurer” to conform to context.
  844         Section 19. Paragraph (a) of subsection (2) of section
  845  218.409, Florida Statutes, is amended to read:
  846         218.409 Administration of the trust fund; creation of
  847  advisory council.—
  848         (2)(a) The trustees shall ensure that the board or a
  849  professional money management firm administers the trust fund on
  850  behalf of the participants. The board or a professional money
  851  management firm shall have the power to invest such funds in
  852  accordance with a written investment policy. The investment
  853  policy shall be updated annually to conform to best investment
  854  practices. The standard of prudence to be used by investment
  855  officials shall be the fiduciary standards as set forth in s.
  856  215.47(10) 215.47(9), which shall be applied in the context of
  857  managing an overall portfolio. Portfolio managers acting in
  858  accordance with written procedures and an investment policy and
  859  exercising due diligence shall be relieved of personal
  860  responsibility for an individual security's credit risk or
  861  market price changes, provided deviations from expectations are
  862  reported in a timely fashion and the liquidity and the sale of
  863  securities are carried out in accordance with the terms of this
  864  part.
  865         Reviser's note.—Amended to conform to the
  866         redesignation of subunits of s. 215.47 by s. 3, ch.
  867         2008-31, Laws of Florida.
  868         Section 20. Subsection (16) of section 253.03, Florida
  869  Statutes, is amended to read:
  870         253.03 Board of trustees to administer state lands; lands
  871  enumerated.—
  872         (16) The Board of Trustees of the Internal Improvement
  873  Trust Fund, and the state through its agencies, may not control,
  874  regulate, permit, or charge for any severed materials which are
  875  removed from the area adjacent to an intake or discharge
  876  structure pursuant to an exemption authorized in s.
  877  403.813(1)(f) and (r) 403.813(2)(f) and (r).
  878         Reviser's note.—Amended to conform to the
  879         redesignation of s. 403.813(2) as s. 403.813(1) by s.
  880         4, ch. 2008-40, Laws of Florida.
  881         Section 21. Paragraph (c) of subsection (11) of section
  882  259.032, Florida Statutes, is amended to read:
  883         259.032 Conservation and Recreation Lands Trust Fund;
  884  purpose.—
  885         (11)
  886         (c) The Land Management Uniform Accounting Council shall
  887  prepare and deliver a report on the methodology and formula for
  888  allocating land management funds to the Acquisition and
  889  Restoration Council. The Acquisition and Restoration Council
  890  shall review, modify as appropriate, and submit the report to
  891  the Board of Trustees of the Internal Improvement Trust Fund.
  892  The board of trustees shall review, modify as appropriate, and
  893  submit the report to the President of the Senate and the Speaker
  894  of the House of Representatives no later than December 31, 2008,
  895  which provides an interim management formula and a long-term
  896  management formula, and the methodologies used to develop the
  897  formulas, which shall be used to allocate land management funds
  898  provided for in paragraph (b) for interim and long-term
  899  management of all lands managed pursuant to this chapter and for
  900  associated contractual services. The methodology and formula for
  901  interim management shall be based on the estimated land
  902  acquisitions for the fiscal year in which the interim funds will
  903  be expended. The methodology and formula for long-term
  904  management shall recognize, but not be limited to, the
  905  following:
  906         1. The assignment of management intensity associated with
  907  managed habitats and natural communities and the related
  908  management activities to achieve land management goals provided
  909  in s. 253.034(5) 253.054(5) and subsection (10).
  910         a. The acres of land that require minimal effort for
  911  resource preservation or restoration.
  912         b. The acres of land that require moderate effort for
  913  resource preservation or restoration.
  914         c. The acres of land that require significant effort for
  915  resource preservation or restoration.
  916         2. The assignment of management intensity associated with
  917  public access, including, but not limited to:
  918         a. The acres of land that are open to the public but offer
  919  no more than minimally developed facilities;
  920         b. The acres of land that have a high degree of public use
  921  and offer highly developed facilities; and
  922         c. The acres of land that are sites that have historic
  923  significance, unique natural features, or a very high degree of
  924  public use.
  925         3. The acres of land that have a secondary manager
  926  contributing to the overall management effort.
  927         4. The anticipated revenues generated from management of
  928  the lands.
  929         5. The impacts of, and needs created or addressed by,
  930  multiple-use management strategies.
  931         6. The acres of land that have infestations of nonnative or
  932  invasive plants, animals, or fish.
  933  
  934  In evaluating the management funding needs of lands based on the
  935  above categories, the lead land managing agencies shall include
  936  in their considerations the impacts of, and needs created or
  937  addressed by, multiple-use management strategies. The funding
  938  formulas for interim and long-term management proposed by the
  939  agencies shall be reviewed by the Legislature during the 2009
  940  regular legislative session. The Legislature may reject, modify,
  941  or take no action relative to the proposed funding formulas. If
  942  no action is taken, the funding formulas shall be used in the
  943  allocation and distribution of funds provided in paragraph (b).
  944         Reviser's note.—Amended to conform to the fact that s.
  945         253.054 does not exist; s. 253.034(5) relates to land
  946         management goals.
  947         Section 22. Paragraph (a) of subsection (2) of section
  948  259.105, Florida Statutes, is amended to read:
  949         259.105 The Florida Forever Act.—
  950         (2)(a) The Legislature finds and declares that:
  951         1. Land acquisition programs have provided tremendous
  952  financial resources for purchasing environmentally significant
  953  lands to protect those lands from imminent development or
  954  alteration, thereby ensuring present and future generations'
  955  access to important waterways, open spaces, and recreation and
  956  conservation lands.
  957         2. The continued alteration and development of Florida's
  958  natural and rural areas to accommodate the state's growing
  959  population have contributed to the degradation of water
  960  resources, the fragmentation and destruction of wildlife
  961  habitats, the loss of outdoor recreation space, and the
  962  diminishment of wetlands, forests, working landscapes, and
  963  coastal open space.
  964         3. The potential development of Florida's remaining natural
  965  areas and escalation of land values require government efforts
  966  to restore, bring under public protection, or acquire lands and
  967  water areas to preserve the state's essential ecological
  968  functions and invaluable quality of life.
  969         4. It is essential to protect the state's ecosystems by
  970  promoting a more efficient use of land, to ensure opportunities
  971  for viable agricultural activities on working lands, and to
  972  promote vital rural and urban communities that support and
  973  produce development patterns consistent with natural resource
  974  protection.
  975         5. Florida's groundwater, surface waters, and springs are
  976  under tremendous pressure due to population growth and economic
  977  expansion and require special protection and restoration
  978  efforts, including the protection of uplands and springsheds
  979  that provide vital recharge to aquifer systems and are critical
  980  to the protection of water quality and water quantity of the
  981  aquifers and springs. To ensure that sufficient quantities of
  982  water are available to meet the current and future needs of the
  983  natural systems and citizens of the state, and assist in
  984  achieving the planning goals of the department and the water
  985  management districts, water resource development projects on
  986  public lands, where compatible with the resource values of and
  987  management objectives for the lands, are appropriate.
  988         6. The needs of urban, suburban, and small communities in
  989  Florida for high-quality outdoor recreational opportunities,
  990  greenways, trails, and open space have not been fully met by
  991  previous acquisition programs. Through such programs as the
  992  Florida Communities Trust and the Florida Recreation Development
  993  Assistance Program, the state shall place additional emphasis on
  994  acquiring, protecting, preserving, and restoring open space,
  995  ecological greenways, and recreation properties within urban,
  996  suburban, and rural areas where pristine natural communities or
  997  water bodies no longer exist because of the proximity of
  998  developed property.
  999         7. Many of Florida's unique ecosystems, such as the Florida
 1000  Everglades, are facing ecological collapse due to Florida's
 1001  burgeoning population growth and other economic activities. To
 1002  preserve these valuable ecosystems for future generations,
 1003  essential parcels of land must be acquired to facilitate
 1004  ecosystem restoration.
 1005         8. Access to public lands to support a broad range of
 1006  outdoor recreational opportunities and the development of
 1007  necessary infrastructure, where compatible with the resource
 1008  values of and management objectives for such lands, promotes an
 1009  appreciation for Florida's natural assets and improves the
 1010  quality of life.
 1011         9. Acquisition of lands, in fee simple, less-than-fee
 1012  interest, or other techniques shall be based on a comprehensive
 1013  science-based assessment of Florida's natural resources which
 1014  targets essential conservation lands by prioritizing all current
 1015  and future acquisitions based on a uniform set of data and
 1016  planned so as to protect the integrity and function of
 1017  ecological systems and working landscapes, and provide multiple
 1018  benefits, including preservation of fish and wildlife habitat,
 1019  recreation space for urban and rural areas, and the restoration
 1020  of natural water storage, flow, and recharge.
 1021         10. The state has embraced performance-based program
 1022  budgeting as a tool to evaluate the achievements of publicly
 1023  funded agencies, build in accountability, and reward those
 1024  agencies which are able to consistently achieve quantifiable
 1025  goals. While previous and existing state environmental programs
 1026  have achieved varying degrees of success, few of these programs
 1027  can be evaluated as to the extent of their achievements,
 1028  primarily because performance measures, standards, outcomes, and
 1029  goals were not established at the outset. Therefore, the Florida
 1030  Forever program shall be developed and implemented in the
 1031  context of measurable state goals and objectives.
 1032         11. The state must play a major role in the recovery and
 1033  management of its imperiled species through the acquisition,
 1034  restoration, enhancement, and management of ecosystems that can
 1035  support the major life functions of such species. It is the
 1036  intent of the Legislature to support local, state, and federal
 1037  programs that result in net benefit to imperiled species habitat
 1038  by providing public and private land owners meaningful
 1039  incentives for acquiring, restoring, managing, and repopulating
 1040  habitats for imperiled species. It is the further intent of the
 1041  Legislature that public lands, both existing and to be acquired,
 1042  identified by the lead land managing agency, in consultation
 1043  with the Florida Fish and Wildlife Conservation Commission for
 1044  animals or the Department of Agriculture and Consumer Services
 1045  for plants, as habitat or potentially restorable habitat for
 1046  imperiled species, be restored, enhanced, managed, and
 1047  repopulated as habitat for such species to advance the goals and
 1048  objectives of imperiled species management consistent with the
 1049  purposes for which such lands are acquired without restricting
 1050  other uses identified in the management plan. It is also the
 1051  intent of the Legislature that of the proceeds distributed
 1052  pursuant to subsection (3), additional consideration be given to
 1053  acquisitions that achieve a combination of conservation goals,
 1054  including the restoration, enhancement, management, or
 1055  repopulation of habitat for imperiled species. The Acquisition
 1056  and Restoration Council, in addition to the criteria in
 1057  subsection (9), shall give weight to projects that include
 1058  acquisition, restoration, management, or repopulation of habitat
 1059  for imperiled species. The term “imperiled species” as used in
 1060  this chapter and chapter 253, means plants and animals that are
 1061  federally listed under the Endangered Species Act, or state
 1062  listed by the Fish and Wildlife Conservation Commission or the
 1063  Department of Agriculture and Consumer Services.
 1064         a. As part of the state's role, all state lands that have
 1065  imperiled species habitat shall include as a consideration in
 1066  management plan development the restoration, enhancement,
 1067  management, and repopulation of such habitats. In addition, the
 1068  lead land managing agency of such state lands may use fees
 1069  received from public or private entities for projects to offset
 1070  adverse impacts to imperiled species or their habitat in order
 1071  to restore, enhance, manage, repopulate, or acquire land and to
 1072  implement land management plans developed under s. 253.034 or a
 1073  land management prospectus developed and implemented under this
 1074  chapter. Such fees shall be deposited into a foundation or fund
 1075  created by each land management agency under s. 379.223
 1076  372.0215, s. 589.012, or s. 259.032(11)(d), to be used solely to
 1077  restore, manage, enhance, repopulate, or acquire imperiled
 1078  species habitat.
 1079         b. Where habitat or potentially restorable habitat for
 1080  imperiled species is located on state lands, the Fish and
 1081  Wildlife Conservation Commission and the Department of
 1082  Agriculture and Consumer Services shall be included on any
 1083  advisory group required under chapter 253, and the short-term
 1084  and long-term management goals required under chapter 253 must
 1085  advance the goals and objectives of imperiled species management
 1086  consistent with the purposes for which the land was acquired
 1087  without restricting other uses identified in the management
 1088  plan.
 1089         12. There is a need to change the focus and direction of
 1090  the state's major land acquisition programs and to extend
 1091  funding and bonding capabilities, so that future generations may
 1092  enjoy the natural resources of this state.
 1093         Reviser's note.—Amended to conform to the
 1094         redesignation of s. 372.0215 as s. 379.223 by s. 32,
 1095         ch. 2008-247, Laws of Florida.
 1096         Section 23. Paragraph (d) of subsection (9) of section
 1097  259.1053, Florida Statutes, is amended to read:
 1098         259.1053 Babcock Ranch Preserve; Babcock Ranch, Inc.;
 1099  creation; membership; organization; meetings.—
 1100         (9) POWERS AND DUTIES.—
 1101         (d) The members may, with the written approval of the
 1102  commission and in consultation with the department, designate
 1103  hunting, fishing, and trapping zones and may establish
 1104  additional periods when no hunting, fishing, or trapping shall
 1105  be permitted for reasons of public safety, administration, and
 1106  the protection and enhancement of nongame habitat and nongame
 1107  species, as defined under s. 379.101 372.001.
 1108         Reviser's note.—Amended to conform to the repeal of s.
 1109         372.001 by s. 208, ch. 2008-247, Laws of Florida. The
 1110         word “nongame” is now defined at s. 379.101.
 1111         Section 24. Subsection (1), paragraph (e) of subsection
 1112  (2), and paragraph (b) of subsection (3) of section 282.201,
 1113  Florida Statutes, are amended to read:
 1114         282.201 State data center system; agency duties and
 1115  limitations.—A state data center system that includes all
 1116  primary data centers, other nonprimary data centers, and
 1117  computing facilities, and that provides an enterprise
 1118  information technology service as defined in s. 282.0041, is
 1119  established.
 1120         (1) INTENT.—The Legislature finds that the most efficient
 1121  and effective means of providing quality utility data processing
 1122  services to state agencies requires that computing resources be
 1123  concentrated in quality facilities that provide the proper
 1124  security, infrastructure, and staff resources to ensure that the
 1125  state's data is maintained reliably and, safely, and is
 1126  recoverable in the event of a disaster. Efficiencies resulting
 1127  from such consolidation include the increased ability to
 1128  leverage technological expertise and, hardware and software
 1129  capabilities; increased savings through consolidated purchasing
 1130  decisions; and the enhanced ability to deploy technology
 1131  improvements and implement new policies consistently throughout
 1132  the consolidated organization. Therefore it is the intent of the
 1133  Legislature that agency data centers and computing facilities be
 1134  consolidated into primary data centers to the maximum extent
 1135  possible by 2019.
 1136         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
 1137  The Agency for Enterprise Information Technology shall:
 1138         (e) Develop and establish policies by rule relating to the
 1139  operation of the state data center system which must comply with
 1140  applicable federal regulations, including 2 C.F.R. part 225 and
 1141  45 C.F.R. The policies may address:
 1142         1. Ensuring that financial information is captured and
 1143  reported consistently and accurately.
 1144         2. Requiring the establishment of service-level agreements
 1145  executed between a data center and its customer entities for
 1146  services provided.
 1147         3. Requiring annual full cost recovery on an equitable
 1148  rational basis. The cost-recovery methodology must ensure that
 1149  no service is subsidizing another service and may include
 1150  adjusting the subsequent year's rates as a means to recover
 1151  deficits or refund surpluses from a prior year.
 1152         4. Requiring that any special assessment imposed to fund
 1153  expansion is based on a methodology that apportions the
 1154  assessment according to the proportional benefit to each
 1155  customer entity.
 1156         5. Requiring that rebates be given when revenues have
 1157  exceeded costs, that rebates be applied to offset charges to
 1158  those customer entities that have subsidized the costs of other
 1159  customer entities, and that such rebates may be in the form of
 1160  credits against future billings.
 1161         6. Requiring that all service-level agreements have a
 1162  contract term of up to 3 years, but may include an option to
 1163  renew for up to 3 additional years contingent on approval by the
 1164  board, and require at least a 180-day notice of termination.
 1165         7. Designating any nonstate data centers as primary data
 1166  centers if the center:
 1167         a. Has an established governance structure that represents
 1168  customer entities proportionally.
 1169         b. Maintains an appropriate cost-allocation methodology
 1170  that accurately bills a customer entity based on the actual
 1171  direct and indirect costs to the customer entity and prohibits
 1172  the subsidization of one customer entity's costs by another
 1173  entity.
 1174         c. Has sufficient raised floor space, cooling, and
 1175  redundant power capacity, including uninterruptible power supply
 1176  and backup power generation, to accommodate the computer
 1177  processing platforms and support necessary to host the computing
 1178  requirements of additional customer entities.
 1179         (3) STATE AGENCY DUTIES.—
 1180         (b) Each state agency shall submit to the Agency for
 1181  Enterprise Information Technology information relating to its
 1182  data centers and computing facilities as required in
 1183  instructions issued by July 1 of each year by the Agency for
 1184  Enterprise Information Technology. The information required may
 1185  include:
 1186         1. The Amount of floor space used and available.
 1187         2. The Numbers and capacities of mainframes and servers.
 1188         3. Storage and network capacity.
 1189         4. Amount of power used and the available capacity.
 1190         5. Estimated expenditures by service area, including
 1191  hardware and software, numbers of full-time equivalent
 1192  positions, personnel turnover, and position reclassifications.
 1193         6. A list of contracts in effect for the fiscal year,
 1194  including, but not limited to, contracts for hardware, software
 1195  and maintenance, including the expiration date, the contract
 1196  parties, and the cost of the contract.
 1197         7. Service-level agreements by customer entity.
 1198         Reviser's note.—Amended to improve sentence
 1199         construction.
 1200         Section 25. Paragraph (d) of subsection (4) of section
 1201  288.1089, Florida Statutes, is amended to read:
 1202         288.1089 Innovation Incentive Program.—
 1203         (4) To qualify for review by the office, the applicant
 1204  must, at a minimum, establish the following to the satisfaction
 1205  of Enterprise Florida, Inc., and the office:
 1206         (d) For an alternative and renewable energy project in this
 1207  state, the project must:
 1208         1. Demonstrate a plan for significant collaboration with an
 1209  institution of higher education;
 1210         2. Provide the state, at a minimum, a break-even return on
 1211  investment within a 20-year period;
 1212         3. Include matching funds provided by the applicant or
 1213  other available sources. This requirement may be waived if the
 1214  office and the department determine that the merits of the
 1215  individual project or the specific circumstances warrant such
 1216  action;
 1217         4. Be located in this state;
 1218         5. Provide jobs that pay an estimated annual average wage
 1219  that equals at least 130 percent of the average private sector
 1220  wage. The average wage requirement may be waived if the office
 1221  and the commission determine that the merits of the individual
 1222  project or the specific circumstances warrant such action; and
 1223         6. Meet one of the following criteria:
 1224         a. Result in the creation of at least 35 direct, new jobs
 1225  at the business.
 1226         b. Have an activity or product that uses feedstock or other
 1227  raw materials grown or produced in this state.
 1228         c. Have a cumulative investment of at least $50 million
 1229  within a 5-year period.
 1230         d. Address the technical feasibility of the technology, and
 1231  the extent to which the proposed project has been demonstrated
 1232  to be technically feasible based on pilot project
 1233  demonstrations, laboratory testing, scientific modeling, or
 1234  engineering or chemical theory that supports the proposal.
 1235         e. Include innovative technology and the degree to which
 1236  the project or business incorporates an innovative new
 1237  technology or an innovative application of an existing
 1238  technology.
 1239         f. Include production potential and the degree to which a
 1240  project or business generates thermal, mechanical, or electrical
 1241  energy by means of a renewable energy resource that has
 1242  substantial long-term production potential. The project must, to
 1243  the extent possible, quantify annual production potential in
 1244  megawatts or kilowatts.
 1245         g. Include and address energy efficiency and the degree to
 1246  which a project demonstrates efficient use of energy, water, and
 1247  material resources.
 1248         h. Include project management and the ability of management
 1249  to administer and a complete the business project.
 1250         Reviser's note.—Amended to confirm the substitution by
 1251         the editors of the word “and” for the word “a” to
 1252         improve clarity.
 1253         Section 26. Paragraphs (c), (d), (f), (h), and (k) of
 1254  subsection (5) of section 288.8175, Florida Statutes, are
 1255  amended to read:
 1256         288.8175 Linkage institutes between postsecondary
 1257  institutions in this state and foreign countries.—
 1258         (5) The institutes are:
 1259         (c) Florida Caribbean Institute (Florida International
 1260  University and Daytona Beach Community College).
 1261         (d) Florida-Canada Institute (University of Central Florida
 1262  and Palm Beach Community Junior College).
 1263         (f) Florida-Japan Institute (University of South Florida,
 1264  University of West Florida, and St. Petersburg Community
 1265  College).
 1266         (h) Florida-Israel Institute (Florida Atlantic University
 1267  and Broward Community College).
 1268         (k) Florida-Mexico Institute (Florida International
 1269  University and Polk Community College).
 1270         Reviser's note.—Paragraph (5)(c) is amended to confirm
 1271         the deletion of the word “Community” by the editors to
 1272         conform to the renaming of Daytona Beach Community
 1273         College as Daytona Beach College by s. 1, ch. 2008-52,
 1274         Laws of Florida, and s. 5, ch. 2008-163, Laws of
 1275         Florida. Paragraph (5)(d) is amended to substitute the
 1276         word “Community” for the word “Junior” to conform to
 1277         the renaming of Palm Beach Junior College as Palm
 1278         Beach Community College by s. 64, ch. 89-381, Laws of
 1279         Florida. Paragraph (5)(f) is amended to conform to the
 1280         present name of St. Petersburg College, as listed in
 1281         s. 1000.21, created by s. 10, ch. 2002-387, Laws of
 1282         Florida. Paragraphs (5)(h) and (k) are amended to
 1283         delete the word “Community” from the names of Broward
 1284         College and Polk College, respectively, pursuant to
 1285         the name changes in s. 1, ch. 2008-52.
 1286         Section 27. Subsection (2) of section 316.2128, Florida
 1287  Statutes, is amended to read:
 1288         316.2128 Operation of motorized scooters and miniature
 1289  motorcycles; requirements for sales.—
 1290         (2) Any person selling or offering a motorized scooter or a
 1291  miniature motorcycle for sale in violation of this section
 1292  subsection commits an unfair and deceptive trade practice as
 1293  defined in part II of chapter 501.
 1294         Reviser's note.—Amended to conform to context; the
 1295         actions, violation of which constitute an unfair and
 1296         deceptive trade practice, are described in subsection
 1297         (1), and the section only has two subsections.
 1298         Section 28. Subsection (4) of section 316.650, Florida
 1299  Statutes, is amended to read:
 1300         316.650 Traffic citations.—
 1301         (4) The chief administrative officer of every traffic
 1302  enforcement agency shall require the return to him or her of the
 1303  officer-agency copy of every traffic citation issued by an
 1304  officer under the chief administrative officer's supervision to
 1305  an alleged violator of any traffic law or ordinance and all
 1306  copies of every traffic citation that has been spoiled or upon
 1307  which any entry has been made and not issued to an alleged
 1308  violator. In the case of a traffic enforcement agency that has
 1309  an automated citation issuance system, the chief administrative
 1310  officer shall require the return of all electronic traffic
 1311  citation records.
 1312         Reviser's note.—Amended to improve clarity.
 1313         Section 29. Subsection (12) of section 319.001, Florida
 1314  Statutes, is amended to read:
 1315         319.001 Definitions.—As used in this chapter, the term:
 1316         (12) “Used motor vehicle” means any motor vehicle that is
 1317  not a “new motor vehicle” as defined in subsection (9) (8).
 1318         Reviser's note.—Amended to conform to the
 1319         redesignation of subsection (8) as subsection (9) by
 1320         s. 15, ch. 2008-176, Laws of Florida.
 1321         Section 30. Paragraph (b) of subsection (62) and paragraph
 1322  (b) of subsection (65) of section 320.08058, Florida Statutes,
 1323  are amended to read:
 1324         320.08058 Specialty license plates.—
 1325         (62) PROTECT FLORIDA SPRINGS LICENSE PLATES.—
 1326         (b) The annual use fees shall be distributed to the
 1327  Wildlife Foundation of Florida, Inc., a citizen support
 1328  organization created pursuant to s. 379.223 372.0215, which
 1329  shall administer the fees as follows:
 1330         1. Wildlife Foundation of Florida, Inc., shall retain the
 1331  first $60,000 of the annual use fees as direct reimbursement for
 1332  administrative costs, startup costs, and costs incurred in the
 1333  development and approval process.
 1334         2. Thereafter, a maximum of 10 percent of the fees may be
 1335  used for administrative costs directly associated with education
 1336  programs, conservation, springs research, and grant
 1337  administration of the foundation. A maximum of 15 percent of the
 1338  fees may be used for continuing promotion and marketing of the
 1339  license plate.
 1340         3. At least 55 percent of the fees shall be available for
 1341  competitive grants for targeted community-based springs research
 1342  not currently available for state funding. The remaining 20
 1343  percent shall be directed toward community outreach programs
 1344  aimed at implementing such research findings. The competitive
 1345  grants shall be administered and approved by the board of
 1346  directors of the Wildlife Foundation of Florida. The granting
 1347  advisory committee shall be composed of nine members, including
 1348  one representative from the Fish and Wildlife Conservation
 1349  Commission, one representative from the Department of
 1350  Environmental Protection, one representative from the Department
 1351  of Health, one representative from the Department of Community
 1352  Affairs, three citizen representatives, and two representatives
 1353  from nonprofit stakeholder groups.
 1354         4. The remaining funds shall be distributed with the
 1355  approval of and accountability to the board of directors of the
 1356  Wildlife Foundation of Florida, and shall be used to support
 1357  activities contributing to education, outreach, and springs
 1358  conservation.
 1359         (65) FLORIDA TENNIS LICENSE PLATES.—
 1360         (b) The department shall distribute the annual use fees to
 1361  the Florida Sports Foundation, a direct-support organization of
 1362  the Office of Tourism, Trade, and Economic Development. The
 1363  license plate annual use fees shall be annually allocated as
 1364  follows:
 1365         1. Up to 5 percent of the proceeds from the annual use fees
 1366  may be used by the Florida Sports Foundation to administer the
 1367  license plate program.
 1368         2. The United States Tennis Association Florida Section
 1369  Foundation shall receive the first $60,000 in proceeds from the
 1370  annual use fees to reimburse it for startup costs,
 1371  administrative costs, and other costs it incurs in the
 1372  development and approval process.
 1373         3. Up to 5 percent of the proceeds from the annual use fees
 1374  may be used for promoting and marketing the license plates. The
 1375  remaining proceeds shall be available for grants by the United
 1376  States Tennis Association Florida Section Foundation to
 1377  nonprofit organizations to operate youth tennis programs and
 1378  adaptive tennis programs for special populations of all ages,
 1379  and for building, renovating, and maintaining public tennis
 1380  courts.
 1381         Reviser's note.—Paragraph (62)(b) is amended to
 1382         conform to the redesignation of s. 372.0215 as s.
 1383         379.223 by s. 32, ch. 2008-247, Laws of Florida.
 1384         Paragraph (65)(b) is amended to conform to the
 1385         complete name of the United State Tennis Association
 1386         Florida Section Foundation as used elsewhere in
 1387         subsection (65).
 1388         Section 31. Paragraph (b) of subsection (4) of section
 1389  323.001, Florida Statutes, is amended to read:
 1390         323.001 Wrecker operator storage facilities; vehicle
 1391  holds.—
 1392         (4) The requirements for a written hold apply when the
 1393  following conditions are present:
 1394         (b) The officer has probable cause to believe the vehicle
 1395  should be seized and forfeited under chapter 379 370 or chapter
 1396  372;
 1397         Reviser's note.—Amended to conform to the transfer of
 1398         the material in chapters 370 and 372 to new chapter
 1399         379 by ch. 2008-247, Laws of Florida.
 1400         Section 32. Subsection (1) of section 336.41, Florida
 1401  Statutes, is amended to read:
 1402         336.41 Counties; employing labor and providing road
 1403  equipment; accounting; when competitive bidding required.—
 1404         (1) The commissioners may employ labor and provide
 1405  equipment as may be necessary, except as provided in subsection
 1406  (4) (3), for constructing and opening of new roads or bridges
 1407  and repair and maintenance of any existing roads and bridges.
 1408         Reviser's note.—Amended to conform to the
 1409         redesignation of subsection (3) as subsection (4) by
 1410         s. 25, ch. 2008-191, Laws of Florida.
 1411         Section 33. Subsection (1) of section 336.44, Florida
 1412  Statutes, is amended to read:
 1413         336.44 Counties; contracts for construction of roads;
 1414  procedure; contractor's bond.—
 1415         (1) The commissioners shall let the work on roads out on
 1416  contract, in accordance with s. 336.41(4) 336.41(3).
 1417         Reviser's note.—Amended to conform to the
 1418         redesignation of s. 336.41(3) as s. 336.41(4) by s.
 1419         25, ch. 2008-191, Laws of Florida.
 1420         Section 34. Subsection (2) of section 364.051, Florida
 1421  Statutes, is amended to read:
 1422         364.051 Price regulation.—
 1423         (2) BASIC LOCAL TELECOMMUNICATIONS SERVICE.—Price
 1424  regulation of basic local telecommunications service shall
 1425  consist of the following:
 1426         (a)Effective January 1, 1996, the rates for basic local
 1427  telecommunications service of each company subject to this
 1428  section shall be capped at the rates in effect on July 1, 1995,
 1429  and such rates shall not be increased prior to January 1, 2000.
 1430  However, the basic local telecommunications service rates of a
 1431  local exchange telecommunications company with more than 3
 1432  million basic local telecommunications service access lines in
 1433  service on July 1, 1995, shall not be increased prior to January
 1434  1, 2001.
 1435         (b)Upon the date of filing its election with the
 1436  commission, the rates for basic local telecommunications service
 1437  of a company that elects to become subject to this section shall
 1438  be capped at the rates in effect on that date and shall remain
 1439  capped as stated in paragraph (a).
 1440         (c) There shall be a flat-rate pricing option for basic
 1441  local telecommunications services, and mandatory measured
 1442  service for basic local telecommunications services shall not be
 1443  imposed.
 1444         Reviser's note.—Amended to delete obsolete language
 1445         establishing a rate cap effective prior to January 1,
 1446         2000, or January 1, 2001, the end date for the cap
 1447         depending on a company's number of basic local
 1448         telecommunications service access lines as of July 1,
 1449         1995.
 1450         Section 35. Subsection (5) of section 373.118, Florida
 1451  Statutes, is amended to read:
 1452         373.118 General permits; delegation.—
 1453         (5) The department shall adopt by rule one or more general
 1454  permits for local governments to construct, operate, and
 1455  maintain public marina facilities, public mooring fields, public
 1456  boat ramps, including associated courtesy docks, and associated
 1457  parking facilities located in uplands. Such general permits
 1458  adopted by rule shall include provisions to ensure compliance
 1459  with part IV of this chapter, subsection (1), and the criteria
 1460  necessary to include the general permits in a state programmatic
 1461  general permit issued by the United States Army Corps of
 1462  Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92
 1463  500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
 1464  authorized under such general permits is exempt from review as a
 1465  development of regional impact if the facility complies with the
 1466  comprehensive plan of the applicable local government. Such
 1467  facilities shall be consistent with the local government manatee
 1468  protection plan required pursuant to chapter 379 370 and shall
 1469  obtain Clean Marina Program status prior to opening for
 1470  operation and maintain that status for the life of the facility.
 1471  Marinas and mooring fields authorized under any such general
 1472  permit shall not exceed an area of 50,000 square feet over
 1473  wetlands and other surface waters. All facilities permitted
 1474  under this section shall be constructed, maintained, and
 1475  operated in perpetuity for the exclusive use of the general
 1476  public. The department shall initiate the rulemaking process
 1477  within 60 days after the effective date of this act.
 1478         Reviser's note.—Amended to conform to the transfer of
 1479         material in former chapter 370 to chapter 379 by ch.
 1480         2008-247, Laws of Florida.
 1481         Section 36. Paragraphs (a) and (e) of subsection (3) of
 1482  section 373.4145, Florida Statutes, are amended to read:
 1483         373.4145 Part IV permitting program within the geographical
 1484  jurisdiction of the Northwest Florida Water Management
 1485  District.—
 1486         (3) The rules adopted under subsection (1), as applicable,
 1487  shall:
 1488         (a) Incorporate the exemptions in ss. 373.406 and
 1489  403.813(1) 403.813(2).
 1490         (e) Provide an exemption for the repair, stabilization, or
 1491  paving of county-maintained roads existing on or before January
 1492  1, 2002, and the repair or replacement of bridges that are part
 1493  of the roadway consistent with the provisions of s.
 1494  403.813(1)(t) 403.813(2)(t), notwithstanding the provisions of
 1495  s. 403.813(1)(t)7. 403.813(2)(t)7. requiring adoption of a
 1496  general permit applicable within the Northwest Florida Water
 1497  Management District and the repeal of such exemption upon the
 1498  adoption of a general permit.
 1499         Reviser's note.—Amended to conform to the
 1500         redesignation of s. 403.813(2) as s. 403.813(1) by s.
 1501         4, ch. 2008-40, Laws of Florida.
 1502         Section 37. Section 374.977, Florida Statutes, is amended
 1503  to read:
 1504         374.977 Inland navigation districts; manatee protection
 1505  speed zones, responsibility for sign posting.—The Fish and
 1506  Wildlife Conservation Commission shall assume the responsibility
 1507  for posting and maintaining regulatory markers for manatee
 1508  protection speed zones as posted by the inland navigation
 1509  districts pursuant to a rule adopted by the commission under s.
 1510  379.2431(2) 370.12(2). The Fish and Wildlife Conservation
 1511  Commission may apply to inland navigation districts for funding
 1512  under s. 374.976 to assist with implementing its responsibility
 1513  under this section for maintaining regulatory markers for
 1514  manatee protection speed zones.
 1515         Reviser's note.—Amended to conform to the
 1516         redesignation of s. 370.12 as s. 379.2431 by s. 73,
 1517         ch. 2008-247, Laws of Florida.
 1518         Section 38. Subsection (1) of section 378.021, Florida
 1519  Statutes, is amended to read:
 1520         378.021 Master reclamation plan.—
 1521         (1) The Department of Environmental Protection shall amend
 1522  the master reclamation plan that provides guidelines for the
 1523  reclamation of lands mined or disturbed by the severance of
 1524  phosphate rock prior to July 1, 1975, which lands are not
 1525  subject to mandatory reclamation under part II of chapter 211.
 1526  In amending the master reclamation plan, the Department of
 1527  Environmental Protection shall continue to conduct an onsite
 1528  evaluation of all lands mined or disturbed by the severance of
 1529  phosphate rock prior to July 1, 1975, which lands are not
 1530  subject to mandatory reclamation under part II of chapter 211,
 1531  and shall consider the report and plan prepared by the Land Use
 1532  Advisory Committee under s. 378.011 and submitted to the former
 1533  Department of Natural Resources for adoption by rule on or
 1534  before July 1, 1979. The master reclamation plan when amended by
 1535  the Department of Environmental Protection shall be consistent
 1536  with local government plans prepared pursuant to the Local
 1537  Government Comprehensive Planning and Land Development
 1538  Regulation Act.
 1539         Reviser's note.—Amended to conform to the repeal of s.
 1540         378.011, which created the Land Use Advisory
 1541         Committee, by s. 24, ch. 2008-150, Laws of Florida.
 1542         Section 39. Subsection (19) of section 378.403, Florida
 1543  Statutes, is amended to read:
 1544         378.403 Definitions.—As used in this part, the term:
 1545         (19) “Wetlands” means any area as defined in s. 373.019, as
 1546  delineated using the methodology adopted by rule and ratified
 1547  pursuant to s. 373.421(1). For areas included in an approved
 1548  conceptual reclamation plan or modification application
 1549  submitted prior to July 1, 1994, wetlands means any area having
 1550  dominant vegetation as defined and listed in rule 62-301.200 67
 1551  301.200, Florida Administrative Code, regardless of whether the
 1552  area is within the department's jurisdiction or whether the
 1553  water bodies are connected.
 1554         Reviser's note.—Amended to correct an apparent error
 1555         and facilitate correct interpretation. Rule 67-301.200
 1556         does not exist; rule 62-301.200 relates to dominant
 1557         vegetation.
 1558         Section 40. Subsection (1) of section 379.2495, Florida
 1559  Statutes, is amended to read:
 1560         379.2495 Florida Ships-2-Reefs Program; matching grant
 1561  requirements.—
 1562         (1) The commission is authorized to establish the Florida
 1563  Ships-2-Reefs Program, a matching grant program, for the
 1564  securing and placement of United States Maritime Administration
 1565  (MARAD) and United States Navy decommissioned vessels in state
 1566  or federal waters seaward of the state to serve as artificial
 1567  reefs and, pursuant thereto, to make expenditures and enter into
 1568  contracts with local governments and nonprofit corporations for
 1569  the purpose of securing and placing MARAD and United States Navy
 1570  decommissioned vessels as artificial reefs in state or federal
 1571  waters seaward of the state pursuant to s. 379.249(8) 370.25(8)
 1572  and performing the environmental preparation and cleaning
 1573  requisite to the placement of a vessel as an artificial reef,
 1574  which preparation and cleaning must meet the standards
 1575  established in the 2006 publication, “National Guidance: Best
 1576  Management Practices for Preparing Vessels Intended to Create
 1577  Artificial Reefs,” published jointly by the United States
 1578  Environmental Protection Agency and the United States Maritime
 1579  Administration. The commission shall have final approval of
 1580  grants awarded through the program.
 1581         Reviser's note.—Amended to conform to the
 1582         redesignation of s. 370.25 as s. 379.249 by s. 81, ch.
 1583         2008-247, Laws of Florida.
 1584         Section 41. Paragraph (q) of subsection (2) of section
 1585  379.353, Florida Statutes, is amended to read:
 1586         379.353 Recreational licenses and permits; exemptions from
 1587  fees and requirements.—
 1588         (2) A hunting, freshwater fishing, or saltwater fishing
 1589  license or permit is not required for:
 1590         (q) Any resident recreationally freshwater fishing who
 1591  holds a valid commercial fishing license issued under s.
 1592  379.363(1)(a) 379.3625(1)(a).
 1593         Reviser's note.—Amended to correct an apparent error
 1594         and facilitate correct interpretation. Prior to the
 1595         amendment to paragraph (2)(q) by s. 138, ch. 2008-247,
 1596         Laws of Florida, the cross-reference was to s.
 1597         372.65(1)(a), relating to resident commercial fishing
 1598         licenses. Section 372.65 was redesignated as s.
 1599         379.363 by s. 148, ch. 2008-247.
 1600         Section 42. Subsection (8) of section 379.407, Florida
 1601  Statutes, is amended to read:
 1602         379.407 Administration; rules, publications, records;
 1603  penalties; injunctions.—
 1604         (8) LICENSES AND ENTITIES SUBJECT TO PENALTIES.—For
 1605  purposes of imposing license or permit suspensions or
 1606  revocations authorized by this chapter, the license or permit
 1607  under which the violation was committed is subject to suspension
 1608  or revocation by the commission. For purposes of assessing
 1609  monetary civil or administrative penalties authorized by this
 1610  chapter, the commercial harvester cited and subsequently
 1611  receiving a judicial disposition of other than dismissal or
 1612  acquittal in a court of law is subject to the monetary penalty
 1613  assessment by the commission. However, if the licensee license
 1614  or permitholder of record is not the commercial harvester
 1615  receiving the citation and judicial disposition, the license or
 1616  permit may be suspended or revoked only after the licensee
 1617  license or permitholder has been notified by the commission that
 1618  the license or permit has been cited in a major violation and is
 1619  now subject to suspension or revocation should the license or
 1620  permit be cited for subsequent major violations.
 1621         Reviser's note.—Amended to improve clarity and
 1622         facilitate correct interpretation.
 1623         Section 43. Paragraph (a) of subsection (3) of section
 1624  380.061, Florida Statutes, is amended to read:
 1625         380.061 The Florida Quality Developments program.—
 1626         (3)(a) To be eligible for designation under this program,
 1627  the developer shall comply with each of the following
 1628  requirements which is applicable to the site of a qualified
 1629  development:
 1630         1. Have donated or entered into a binding commitment to
 1631  donate the fee or a lesser interest sufficient to protect, in
 1632  perpetuity, the natural attributes of the types of land listed
 1633  below. In lieu of the above requirement, the developer may enter
 1634  into a binding commitment which runs with the land to set aside
 1635  such areas on the property, in perpetuity, as open space to be
 1636  retained in a natural condition or as otherwise permitted under
 1637  this subparagraph. Under the requirements of this subparagraph,
 1638  the developer may reserve the right to use such areas for the
 1639  purpose of passive recreation that is consistent with the
 1640  purposes for which the land was preserved.
 1641         a. Those wetlands and water bodies throughout the state as
 1642  would be delineated if the provisions of s. 373.4145(1)(b) were
 1643  applied. The developer may use such areas for the purpose of
 1644  site access, provided other routes of access are unavailable or
 1645  impracticable; may use such areas for the purpose of stormwater
 1646  or domestic sewage management and other necessary utilities to
 1647  the extent that such uses are permitted pursuant to chapter 403;
 1648  or may redesign or alter wetlands and water bodies within the
 1649  jurisdiction of the Department of Environmental Protection which
 1650  have been artificially created, if the redesign or alteration is
 1651  done so as to produce a more naturally functioning system.
 1652         b. Active beach or primary and, where appropriate,
 1653  secondary dunes, to maintain the integrity of the dune system
 1654  and adequate public accessways to the beach. However, the
 1655  developer may retain the right to construct and maintain
 1656  elevated walkways over the dunes to provide access to the beach.
 1657         c. Known archaeological sites determined to be of
 1658  significance by the Division of Historical Resources of the
 1659  Department of State.
 1660         d. Areas known to be important to animal species designated
 1661  as endangered or threatened animal species by the United States
 1662  Fish and Wildlife Service or by the Fish and Wildlife
 1663  Conservation Commission, for reproduction, feeding, or nesting;
 1664  for traveling between such areas used for reproduction, feeding,
 1665  or nesting; or for escape from predation.
 1666         e. Areas known to contain plant species designated as
 1667  endangered plant species by the Department of Agriculture and
 1668  Consumer Services.
 1669         2. Produce, or dispose of, no substances designated as
 1670  hazardous or toxic substances by the United States Environmental
 1671  Protection Agency or by the Department of Environmental
 1672  Protection or the Department of Agriculture and Consumer
 1673  Services. This subparagraph is not intended to apply to the
 1674  production of these substances in nonsignificant amounts as
 1675  would occur through household use or incidental use by
 1676  businesses.
 1677         3. Participate in a downtown reuse or redevelopment program
 1678  to improve and rehabilitate a declining downtown area.
 1679         4. Incorporate no dredge and fill activities in, and no
 1680  stormwater discharge into, waters designated as Class II,
 1681  aquatic preserves, or Outstanding Florida Waters, except as
 1682  activities in those waters are permitted pursuant to s.
 1683  403.813(1) 403.813(2) and the developer demonstrates that those
 1684  activities meet the standards under Class II waters, Outstanding
 1685  Florida Waters, or aquatic preserves, as applicable.
 1686         5. Include open space, recreation areas, Xeriscape as
 1687  defined in s. 373.185, and energy conservation and minimize
 1688  impermeable surfaces as appropriate to the location and type of
 1689  project.
 1690         6. Provide for construction and maintenance of all onsite
 1691  infrastructure necessary to support the project and enter into a
 1692  binding commitment with local government to provide an
 1693  appropriate fair-share contribution toward the offsite impacts
 1694  which the development will impose on publicly funded facilities
 1695  and services, except offsite transportation, and condition or
 1696  phase the commencement of development to ensure that public
 1697  facilities and services, except offsite transportation, will be
 1698  available concurrent with the impacts of the development. For
 1699  the purposes of offsite transportation impacts, the developer
 1700  shall comply, at a minimum, with the standards of the state land
 1701  planning agency's development-of-regional-impact transportation
 1702  rule, the approved strategic regional policy plan, any
 1703  applicable regional planning council transportation rule, and
 1704  the approved local government comprehensive plan and land
 1705  development regulations adopted pursuant to part II of chapter
 1706  163.
 1707         7. Design and construct the development in a manner that is
 1708  consistent with the adopted state plan, the applicable strategic
 1709  regional policy plan, and the applicable adopted local
 1710  government comprehensive plan.
 1711         Reviser's note.—Amended to conform to the
 1712         redesignation of s. 403.813(2) as s. 403.813(1) by s.
 1713         4, ch. 2008-40, Laws of Florida.
 1714         Section 44. Paragraph (d) of subsection (3) of section
 1715  380.510, Florida Statutes, is amended to read:
 1716         380.510 Conditions of grants and loans.—
 1717         (3) In the case of a grant or loan for land acquisition,
 1718  agreements shall provide all of the following:
 1719         (d) If any essential term or condition of a grant or loan
 1720  is violated, title to all interest in real property acquired
 1721  with state funds shall be conveyed or revert to the Board of
 1722  Trustees of the Internal Improvement Trust Fund. The trust shall
 1723  treat such property in accordance with s. 380.508(4)(f)
 1724  380.508(4)(e).
 1725  
 1726  Any deed or other instrument of conveyance whereby a nonprofit
 1727  organization or local government acquires real property under
 1728  this section shall set forth the interest of the state. The
 1729  trust shall keep at least one copy of any such instrument and
 1730  shall provide at least one copy to the Board of Trustees of the
 1731  Internal Improvement Trust Fund.
 1732         Reviser's note.—Amended to conform to the
 1733         redesignation of s. 380.508(4)(e) as s. 380.508(4)(f)
 1734         by s. 23, ch. 2008-229, Laws of Florida.
 1735         Section 45. Section 381.0063, Florida Statutes, is amended
 1736  to read:
 1737         381.0063 Drinking water funds.—All fees and penalties
 1738  received from suppliers of water pursuant to ss. 403.860(5) and
 1739  403.861(7)(a) 403.861(8) shall be deposited in the appropriate
 1740  County Health Department Trust Fund to be used by the department
 1741  to pay the costs of expenditures required pursuant to ss.
 1742  381.0062 and 403.862(1)(c).
 1743         Reviser's note.—Amended to conform to the amendment of
 1744         s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws of
 1745         Florida, which moved language that comprised former
 1746         subsection (8) to paragraph (7)(a).
 1747         Section 46. Paragraph (a) of subsection (6) of section
 1748  403.087, Florida Statutes, is amended to read:
 1749         403.087 Permits; general issuance; denial; revocation;
 1750  prohibition; penalty.—
 1751         (6)(a) The department shall require a processing fee in an
 1752  amount sufficient, to the greatest extent possible, to cover the
 1753  costs of reviewing and acting upon any application for a permit
 1754  or request for site-specific alternative criteria or for an
 1755  exemption from water quality criteria and to cover the costs of
 1756  surveillance and other field services and related support
 1757  activities associated with any permit or plan approval issued
 1758  pursuant to this chapter. The department shall review the fees
 1759  authorized under this chapter at least once every 5 years and
 1760  shall adjust the fees upward, as necessary, within the fee caps
 1761  established in this paragraph to reflect changes in the Consumer
 1762  Price Index or similar inflation indicator. The department shall
 1763  establish by rule the inflation index to be used for this
 1764  purpose. In the event of deflation, the department shall consult
 1765  with the Executive Office of the Governor and the Legislature to
 1766  determine whether downward fee adjustments are appropriate based
 1767  on the current budget and appropriation considerations. However,
 1768  when an application is received without the required fee, the
 1769  department shall acknowledge receipt of the application and
 1770  shall immediately return the unprocessed application to the
 1771  applicant and shall take no further action until the application
 1772  is received with the appropriate fee. The department shall adopt
 1773  a schedule of fees by rule, subject to the following
 1774  limitations:
 1775         1. The fee for any of the following may not exceed $32,500:
 1776         a. Hazardous waste, construction permit.
 1777         b. Hazardous waste, operation permit.
 1778         c. Hazardous waste, postclosure permit, or clean closure
 1779  plan approval.
 1780         d. Hazardous waste, corrective action permit.
 1781         2. The permit fee for a drinking water construction or
 1782  operation permit, not including the operation license fee
 1783  required under s. 403.861(7), shall be at least $500 and may not
 1784  exceed $15,000.
 1785         3. The permit fee for a Class I injection well construction
 1786  permit may not exceed $12,500.
 1787         4. The permit fee for any of the following permits may not
 1788  exceed $10,000:
 1789         a. Solid waste, construction permit.
 1790         b. Solid waste, operation permit.
 1791         c. Class I injection well, operation permit.
 1792         5. The permit fee for any of the following permits may not
 1793  exceed $7,500:
 1794         a. Air pollution, construction permit.
 1795         b. Solid waste, closure permit.
 1796         c. Domestic waste residuals, construction or operation
 1797  permit.
 1798         d. Industrial waste, operation permit.
 1799         e. Industrial waste, construction permit.
 1800         6. The permit fee for any of the following permits may not
 1801  exceed $5,000:
 1802         a. Domestic waste, operation permit.
 1803         b. Domestic waste, construction permit.
 1804         7. The permit fee for any of the following permits may not
 1805  exceed $4,000:
 1806         a. Wetlands resource management—(dredge and fill and
 1807  mangrove alteration).
 1808         b. Hazardous waste, research and development permit.
 1809         c. Air pollution, operation permit, for sources not subject
 1810  to s. 403.0872.
 1811         d. Class III injection well, construction, operation, or
 1812  abandonment permits.
 1813         8. The permit fee for a drinking water distribution system
 1814  permit, including a general permit, shall be at least $500 and
 1815  may not exceed $1,000.
 1816         9. The permit fee for Class V injection wells,
 1817  construction, operation, and abandonment permits may not exceed
 1818  $750.
 1819         10. The permit fee for domestic waste collection system
 1820  permits may not exceed $500.
 1821         11. The permit fee for stormwater operation permits may not
 1822  exceed $100.
 1823         12. Except as provided in subparagraph 8., the general
 1824  permit fees for permits that require certification by a
 1825  registered professional engineer or professional geologist may
 1826  not exceed $500, and the general permit fee for other permit
 1827  types may not exceed $100.
 1828         13. The fee for a permit issued pursuant to s. 403.816 is
 1829  $5,000, and the fee for any modification of such permit
 1830  requested by the applicant is $1,000.
 1831         14. The regulatory program and surveillance fees for
 1832  facilities permitted pursuant to s. 403.088 or s. 403.0885, or
 1833  for facilities permitted pursuant to s. 402 of the Clean Water
 1834  Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
 1835  department has been granted administrative authority, shall be
 1836  limited as follows:
 1837         a. The fees for domestic wastewater facilities shall not
 1838  exceed $7,500 annually. The department shall establish a sliding
 1839  scale of fees based on the permitted capacity and shall ensure
 1840  smaller domestic waste dischargers do not bear an inordinate
 1841  share of costs of the program.
 1842         b. The annual fees for industrial waste facilities shall
 1843  not exceed $11,500. The department shall establish a sliding
 1844  scale of fees based upon the volume, concentration, or nature of
 1845  the industrial waste discharge and shall ensure smaller
 1846  industrial waste dischargers do not bear an inordinate share of
 1847  costs of the program.
 1848         c. The department may establish a fee, not to exceed the
 1849  amounts in subparagraphs 5. and 6. 4. and 5., to cover
 1850  additional costs of review required for permit modification or
 1851  construction engineering plans.
 1852         Reviser's note.—Amended to conform to the
 1853         redesignation of subparagraphs (6)(a)4. and 5. as
 1854         subparagraphs 5. and 6. by s. 19, ch. 2008-150, Laws
 1855         of Florida.
 1856         Section 47. Section 403.0871, Florida Statutes, is amended
 1857  to read:
 1858         403.0871 Florida Permit Fee Trust Fund.—There is
 1859  established within the department a nonlapsing trust fund to be
 1860  known as the “Florida Permit Fee Trust Fund.” All funds received
 1861  from applicants for permits pursuant to ss. 161.041, 161.053,
 1862  161.0535, 403.087(6), and 403.861(7)(a) 403.861(8) shall be
 1863  deposited in the Florida Permit Fee Trust Fund and shall be used
 1864  by the department with the advice and consent of the Legislature
 1865  to supplement appropriations and other funds received by the
 1866  department for the administration of its responsibilities under
 1867  this chapter and chapter 161. In no case shall funds from the
 1868  Florida Permit Fee Trust Fund be used for salary increases
 1869  without the approval of the Legislature.
 1870         Reviser's note.—Amended to conform to the amendment of
 1871         s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws of
 1872         Florida, which moved language that comprised former
 1873         subsection (8) to paragraph (7)(a).
 1874         Section 48. Subsection (3) of section 403.511, Florida
 1875  Statutes, is amended to read:
 1876         403.511 Effect of certification.—
 1877         (3) The certification and any order on land use and zoning
 1878  issued under this act shall be in lieu of any license, permit,
 1879  certificate, or similar document required by any state,
 1880  regional, or local agency pursuant to, but not limited to,
 1881  chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
 1882  chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
 1883  chapter 379, chapter 380, chapter 381, chapter 387, chapter 403,
 1884  except for permits issued pursuant to any federally delegated or
 1885  approved permit program and except as provided in chapter 404 or
 1886  the Florida Transportation Code, or 33 U.S.C. s. 1341.
 1887         Reviser's note.—Amended to conform to the transfer of
 1888         material in former chapter 370 to chapter 379 by ch.
 1889         2008-247, Laws of Florida.
 1890         Section 49. Paragraph (a) of subsection (7) of section
 1891  403.5115, Florida Statutes, is amended to read:
 1892         403.5115 Public notice.—
 1893         (7)(a) A good faith effort shall be made by the proponent
 1894  of an alternate corridor that includes a transmission line, as
 1895  defined by s. 403.522(22), to provide direct written notice of
 1896  the filing of an alternate corridor for certification by United
 1897  States mail or hand delivery of of the filing no later than 30
 1898  days after filing of the alternate corridor to all local
 1899  landowners whose property, as noted in the most recent local
 1900  government tax records, and residences, are located within one
 1901  quarter mile of the proposed boundaries of a transmission line
 1902  corridor that includes a transmission line as defined by s.
 1903  403.522(22).
 1904         Reviser's note.—Amended to delete repetitious language
 1905         and facilitate correct interpretation.
 1906         Section 50. Paragraph (a) of subsection (3) of section
 1907  403.531, Florida Statutes, is amended to read:
 1908         403.531 Effect of certification.—
 1909         (3)(a) The certification shall be in lieu of any license,
 1910  permit, certificate, or similar document required by any state,
 1911  regional, or local agency under, but not limited to, chapter
 1912  125, chapter 161, chapter 163, chapter 166, chapter 186, chapter
 1913  253, chapter 258, chapter 298, chapter 370, chapter 372, chapter
 1914  373, chapter 376, chapter 379, chapter 380, chapter 381, chapter
 1915  403, chapter 404, the Florida Transportation Code, or 33 U.S.C.
 1916  s. 1341.
 1917         Reviser's note.—Amended to conform to the transfer of
 1918         material in former chapters 370 and 372 to chapter 379
 1919         by ch. 2008-247, Laws of Florida.
 1920         Section 51. Paragraph (b) of subsection (1) of section
 1921  403.7264, Florida Statutes, is amended to read:
 1922         403.7264 Amnesty days for purging small quantities of
 1923  hazardous wastes.—Amnesty days are authorized by the state for
 1924  the purpose of purging small quantities of hazardous waste, free
 1925  of charge, from the possession of homeowners, farmers, schools,
 1926  state agencies, and small businesses. These entities have no
 1927  appropriate economically feasible mechanism for disposing of
 1928  their hazardous wastes at the present time. In order to raise
 1929  public awareness on this issue, provide an educational process,
 1930  accommodate those entities which have a need to dispose of small
 1931  quantities of hazardous waste, and preserve the waters of the
 1932  state, amnesty days shall be carried out in the following
 1933  manner:
 1934         (1)
 1935         (b) If a local government has established a local or
 1936  regional hazardous waste collection center pursuant to s.
 1937  403.7265(2) 403.7265(3) and such center is in operation, the
 1938  department and the local government may enter into a contract
 1939  whereby the local government shall administer and supervise
 1940  amnesty days. If a contract is entered into, the department
 1941  shall provide to the local government, from funds appropriated
 1942  to the department for amnesty days, an amount of money as
 1943  determined by the department that is equal to the amount of
 1944  money that would have been spent by the department to administer
 1945  and supervise amnesty days in the local government's area. A
 1946  local government that wishes to administer and supervise amnesty
 1947  days shall notify the department at least 30 days prior to the
 1948  beginning of the state fiscal year during which the amnesty days
 1949  are scheduled to be held in the local government's area.
 1950         Reviser's note.—Amended to conform to the
 1951         redesignation of s. 403.7265(3) as s. 403.7265(2) by
 1952         s. 26, ch. 2007-184, Laws of Florida.
 1953         Section 52. Paragraph (t) of subsection (1) and subsection
 1954  (2) of section 403.813, Florida Statutes, are amended to read:
 1955         403.813 Permits issued at district centers; exceptions.—
 1956         (1) A permit is not required under this chapter, chapter
 1957  373, chapter 61-691, Laws of Florida, or chapter 25214 or
 1958  chapter 25270, 1949, Laws of Florida, for activities associated
 1959  with the following types of projects; however, except as
 1960  otherwise provided in this subsection, nothing in this
 1961  subsection relieves an applicant from any requirement to obtain
 1962  permission to use or occupy lands owned by the Board of Trustees
 1963  of the Internal Improvement Trust Fund or any water management
 1964  district in its governmental or proprietary capacity or from
 1965  complying with applicable local pollution control programs
 1966  authorized under this chapter or other requirements of county
 1967  and municipal governments:
 1968         (t) The repair, stabilization, or paving of existing county
 1969  maintained roads and the repair or replacement of bridges that
 1970  are part of the roadway, within the Northwest Florida Water
 1971  Management District and the Suwannee River Water Management
 1972  District, provided:
 1973         1. The road and associated bridge were in existence and in
 1974  use as a public road or bridge, and were maintained by the
 1975  county as a public road or bridge on or before January 1, 2002;
 1976         2. The construction activity does not realign the road or
 1977  expand the number of existing traffic lanes of the existing
 1978  road; however, the work may include the provision of safety
 1979  shoulders, clearance of vegetation, and other work reasonably
 1980  necessary to repair, stabilize, pave, or repave the road,
 1981  provided that the work is constructed by generally accepted
 1982  engineering standards;
 1983         3. The construction activity does not expand the existing
 1984  width of an existing vehicular bridge in excess of that
 1985  reasonably necessary to properly connect the bridge with the
 1986  road being repaired, stabilized, paved, or repaved to safely
 1987  accommodate the traffic expected on the road, which may include
 1988  expanding the width of the bridge to match the existing
 1989  connected road. However, no debris from the original bridge
 1990  shall be allowed to remain in waters of the state, including
 1991  wetlands;
 1992         4. Best management practices for erosion control shall be
 1993  employed as necessary to prevent water quality violations;
 1994         5. Roadside swales or other effective means of stormwater
 1995  treatment must be incorporated as part of the project;
 1996         6. No more dredging or filling of wetlands or water of the
 1997  state is performed than that which is reasonably necessary to
 1998  repair, stabilize, pave, or repave the road or to repair or
 1999  replace the bridge, in accordance with generally accepted
 2000  engineering standards; and
 2001         7. Notice of intent to use the exemption is provided to the
 2002  department, if the work is to be performed within the Northwest
 2003  Florida Water Management District, or to the Suwannee River
 2004  Water Management District, if the work is to be performed within
 2005  the Suwannee River Water Management District, 30 days prior to
 2006  performing any work under the exemption.
 2007  
 2008  Within 30 days after this act becomes a law, the department
 2009  shall initiate rulemaking to adopt a no fee general permit for
 2010  the repair, stabilization, or paving of existing roads that are
 2011  maintained by the county and the repair or replacement of
 2012  bridges that are part of the roadway where such activities do
 2013  not cause significant adverse impacts to occur individually or
 2014  cumulatively. The general permit shall apply statewide and, with
 2015  no additional rulemaking required, apply to qualified projects
 2016  reviewed by the Suwannee River Water Management District, the
 2017  St. Johns River Water Management District, the Southwest Florida
 2018  Water Management District, and the South Florida Water
 2019  Management District under the division of responsibilities
 2020  contained in the operating agreements applicable to part IV of
 2021  chapter 373. Upon adoption, this general permit shall, pursuant
 2022  to the provisions of subsection (2) (3), supersede and replace
 2023  the exemption in this paragraph.
 2024         (2) The provisions of subsection (1) (2) are superseded by
 2025  general permits established pursuant to ss. 373.118 and 403.814
 2026  which include the same activities. Until such time as general
 2027  permits are established, or should general permits be suspended
 2028  or repealed, the exemptions under subsection (1) (2) shall
 2029  remain or shall be reestablished in full force and effect.
 2030         Reviser's note.—Amended to conform to the repeal of
 2031         former subsection (1) by s. 4, ch. 2008-40, Laws of
 2032         Florida.
 2033         Section 53. Subsection (7) of section 403.862, Florida
 2034  Statutes, is amended to read:
 2035         403.862 Department of Health; public water supply duties
 2036  and responsibilities; coordinated budget requests with
 2037  department.—
 2038         (7) Fees and penalties received from suppliers of water
 2039  pursuant to ss. 403.860(3), (4), and (5) and 403.861(7)(a)
 2040  403.861(8) in counties where county health departments have been
 2041  approved by the department pursuant to paragraph (1)(c) shall be
 2042  deposited in the appropriate County Health Department Trust Fund
 2043  to be used for the purposes stated in paragraph (1)(c).
 2044         Reviser's note.—Amended to conform to the amendment of
 2045         s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws of
 2046         Florida, which moved language that comprised former
 2047         subsection (8) to paragraph (7)(a).
 2048         Section 54. Subsection (2) of section 403.890, Florida
 2049  Statutes, is amended to read:
 2050         403.890 Water Protection and Sustainability Program;
 2051  intent; goals; purposes.—
 2052         (2) Applicable beginning in the 2007-2008 fiscal year,
 2053  revenues transferred from the Department of Revenue pursuant to
 2054  s. 201.15(1)(c)2. 201.15(1)(d)2. shall be deposited into the
 2055  Water Protection and Sustainability Program Trust Fund in the
 2056  Department of Environmental Protection. These revenues and any
 2057  other additional revenues deposited into or appropriated to the
 2058  Water Protection and Sustainability Program Trust Fund shall be
 2059  distributed by the Department of Environmental Protection in the
 2060  following manner:
 2061         (a) Sixty-five percent to the Department of Environmental
 2062  Protection for the implementation of an alternative water supply
 2063  program as provided in s. 373.1961.
 2064         (b) Twenty-two and five-tenths percent for the
 2065  implementation of best management practices and capital project
 2066  expenditures necessary for the implementation of the goals of
 2067  the total maximum daily load program established in s. 403.067.
 2068  Of these funds, 83.33 percent shall be transferred to the credit
 2069  of the Department of Environmental Protection Water Quality
 2070  Assurance Trust Fund to address water quality impacts associated
 2071  with nonagricultural nonpoint sources. Sixteen and sixty-seven
 2072  hundredths percent of these funds shall be transferred to the
 2073  Department of Agriculture and Consumer Services General
 2074  Inspection Trust Fund to address water quality impacts
 2075  associated with agricultural nonpoint sources. These funds shall
 2076  be used for research, development, demonstration, and
 2077  implementation of the total maximum daily load program under s.
 2078  403.067, suitable best management practices or other measures
 2079  used to achieve water quality standards in surface waters and
 2080  water segments identified pursuant to s. 303(d) of the Clean
 2081  Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
 2082  Implementation of best management practices and other measures
 2083  may include cost-share grants, technical assistance,
 2084  implementation tracking, and conservation leases or other
 2085  agreements for water quality improvement. The Department of
 2086  Environmental Protection and the Department of Agriculture and
 2087  Consumer Services may adopt rules governing the distribution of
 2088  funds for implementation of capital projects, best management
 2089  practices, and other measures. These funds shall not be used to
 2090  abrogate the financial responsibility of those point and
 2091  nonpoint sources that have contributed to the degradation of
 2092  water or land areas. Increased priority shall be given by the
 2093  department and the water management district governing boards to
 2094  those projects that have secured a cost-sharing agreement
 2095  allocating responsibility for the cleanup of point and nonpoint
 2096  sources.
 2097         (c) Twelve and five-tenths percent to the Department of
 2098  Environmental Protection for the Disadvantaged Small Community
 2099  Wastewater Grant Program as provided in s. 403.1838.
 2100         (d) On June 30, 2009, and every 24 months thereafter, the
 2101  Department of Environmental Protection shall request the return
 2102  of all unencumbered funds distributed pursuant to this section.
 2103  These funds shall be deposited into the Water Protection and
 2104  Sustainability Program Trust Fund and redistributed pursuant to
 2105  the provisions of this section.
 2106         Reviser's note.—Amended to conform to the
 2107         redesignation of s. 201.15(1)(d)2. as s.
 2108         201.15(1)(c)2. by s. 3, ch 2008-114, Laws of Florida.
 2109         Section 55. Subsection (3) of section 403.9416, Florida
 2110  Statutes, is amended to read:
 2111         403.9416 Effect of certification.—
 2112         (3) The certification shall be in lieu of any license,
 2113  permit, certificate, or similar document required by any agency
 2114  pursuant to, but not limited to, chapter 125, chapter 161,
 2115  chapter 163, chapter 166, chapter 186, chapter 253, chapter 258,
 2116  chapter 298, chapter 370, chapter 372, chapter 373, chapter 376,
 2117  chapter 377, chapter 379, chapter 380, chapter 381, chapter 387,
 2118  chapter 403, the Florida Transportation Code, or 33 U.S.C. s.
 2119  1341. On certification, any license, easement, or other interest
 2120  in state lands, except those the title to which is vested in the
 2121  Board of Trustees of the Internal Improvement Trust Fund or a
 2122  water management district created pursuant to chapter 373, shall
 2123  be issued by the appropriate agency as a ministerial act. The
 2124  applicant shall be required to seek any necessary interest in
 2125  state lands the title to which is vested in the Board of
 2126  Trustees of the Internal Improvement Trust Fund from the board
 2127  of trustees or from the governing board of the water management
 2128  district before, during, or after the certification proceeding,
 2129  and certification may be made contingent upon issuance of the
 2130  appropriate interest in realty. However, neither the applicant
 2131  nor any party to the certification proceeding may directly or
 2132  indirectly raise or relitigate any matter which was or could
 2133  have been an issue in the certification proceeding in any
 2134  proceeding before the Board of Trustees of the Internal
 2135  Improvement Trust Fund wherein the applicant is seeking a
 2136  necessary interest in state lands, but the information presented
 2137  in the certification proceeding shall be available for review by
 2138  the board of trustees and its staff.
 2139         Reviser's note.—Amended to conform to the transfer of
 2140         material in former chapters 370 and 372 to chapter 379
 2141         by ch. 2008-247, Laws of Florida.
 2142         Section 56. Subsection (1) of section 409.2563, Florida
 2143  Statutes, is reenacted, and paragraph (b) of subsection (2) of
 2144  that section is amended to read:
 2145         409.2563 Administrative establishment of child support
 2146  obligations.—
 2147         (1) DEFINITIONS.—As used in this section, the term:
 2148         (a) “Administrative support order” means a final order
 2149  rendered by or on behalf of the department pursuant to this
 2150  section establishing or modifying the obligation of a parent to
 2151  contribute to the support and maintenance of his or her child or
 2152  children, which may include provisions for monetary support,
 2153  retroactive support, health care, and other elements of support
 2154  pursuant to chapter 61.
 2155         (b) “Caretaker relative” has the same meaning ascribed in
 2156  s. 414.0252(11).
 2157         (c) “Filed” means a document has been received and accepted
 2158  for filing at the offices of the department by the clerk or any
 2159  authorized deputy clerk of the department. The date of filing
 2160  must be indicated on the face of the document by the clerk or
 2161  deputy clerk.
 2162         (d) “Financial affidavit” means an affidavit or written
 2163  declaration as provided by s. 92.525(2) which shows an
 2164  individual's income, allowable deductions, net income, and other
 2165  information needed to calculate the child support guideline
 2166  amount under s. 61.30.
 2167         (e) “Rendered” means that a signed written order is filed
 2168  with the clerk or any deputy clerk of the department and served
 2169  on the respondent. The date of filing must be indicated on the
 2170  face of the order at the time of rendition.
 2171         (f) “Title IV-D case” means a case or proceeding in which
 2172  the department is providing child support services within the
 2173  scope of Title IV-D of the Social Security Act, 42 U.S.C. ss.
 2174  651 et seq.
 2175         (g) “Retroactive support” means a child support obligation
 2176  established pursuant to s. 61.30(17).
 2177  
 2178  Other terms used in this section have the meanings ascribed in
 2179  ss. 61.046 and 409.2554.
 2180         (2) PURPOSE AND SCOPE.—
 2181         (b) The administrative procedure set forth in this section
 2182  concerns only the establishment of child support obligations.
 2183  This section does not grant jurisdiction to the department or
 2184  the Division of Administrative Hearings to hear or determine
 2185  issues of dissolution of marriage, separation, alimony or
 2186  spousal support, termination of parental rights, dependency,
 2187  disputed paternity, except for a determination of paternity as
 2188  provided in s. 409.256, or award of or change of time-sharing.
 2189  This paragraph notwithstanding, the department and the Division
 2190  of Administrative Hearings may make findings of fact that are
 2191  necessary for a proper determination of a parent's support
 2192  obligation as authorized by this section.
 2193         Reviser's note.—Section 21, ch. 2008-61, Laws of
 2194         Florida, amended paragraph (1)(a) without publishing
 2195         the flush left language at the end of the subsection.
 2196         Absent affirmative evidence of legislative intent to
 2197         repeal it, subsection (1) is reenacted to confirm that
 2198         the omission was not intended. Paragraph (2)(b) is
 2199         amended to confirm the editorial insertion of the word
 2200         “or” to improve clarity and correct sentence
 2201         construction.
 2202         Section 57. Paragraph (e) of subsection (4) of section
 2203  409.2598, Florida Statutes, is amended to read:
 2204         409.2598 License suspension proceeding to enforce support
 2205  order.—
 2206         (4) COMPLIANCE; REINSTATEMENT.—
 2207         (e) Notwithstanding any other statutory provision, a notice
 2208  from the court or the department shall reinstate to the obligor
 2209  all licenses established in chapter 379 chapters 370 and 372
 2210  that were valid at the time of suspension.
 2211         Reviser's note.—Amended to conform to the transfer of
 2212         material in former chapters 370 and 372 to chapter 379
 2213         by ch. 2008-247, Laws of Florida.
 2214         Section 58. Paragraph (b) of subsection (2) of section
 2215  468.432, Florida Statutes, is amended to read:
 2216         468.432 Licensure of community association managers and
 2217  community association management firms; exceptions.—
 2218         (2) As of January 1, 2009, a community association
 2219  management firm or other similar organization responsible for
 2220  the management of more than 10 units or a budget of $100,000 or
 2221  greater shall not engage or hold itself out to the public as
 2222  being able to engage in the business of community association
 2223  management in this state unless it is licensed by the department
 2224  as a community association management firm in accordance with
 2225  the provisions of this part.
 2226         (b) Each applicant shall designate on its application a
 2227  licensed community association manager who shall be required to
 2228  respond to all inquiries inquires from and investigations by the
 2229  department or division.
 2230         Reviser's note.—Amended to confirm the editorial
 2231         substitution of the word “inquiries” for the word
 2232         “inquires” to correct an apparent error.
 2233         Section 59. Paragraph (a) of subsection (6) of section
 2234  489.145, Florida Statutes, is amended to read:
 2235         489.145 Guaranteed energy, water, and wastewater
 2236  performance savings contracting.—
 2237         (6) PROGRAM ADMINISTRATION AND CONTRACT REVIEW.—The
 2238  Department of Management Services, with the assistance of the
 2239  Office of the Chief Financial Officer, shall, within available
 2240  resources, provide technical content assistance to state
 2241  agencies contracting for energy, water, and wastewater
 2242  efficiency and conservation measures and engage in other
 2243  activities considered appropriate by the department for
 2244  promoting and facilitating guaranteed energy, water, and
 2245  wastewater performance contracting by state agencies. The
 2246  Department of Management Services shall review the investment
 2247  grade audit for each proposed project and certify that the cost
 2248  savings are appropriate and sufficient for the term of the
 2249  contract. The Office of the Chief Financial Officer, with the
 2250  assistance of the Department of Management Services, shall,
 2251  within available resources, develop model contractual and
 2252  related documents for use by state agencies. Prior to entering
 2253  into a guaranteed energy, water, and wastewater performance
 2254  savings contract, any contract or lease for third-party
 2255  financing, or any combination of such contracts, a state agency
 2256  shall submit such proposed contract or lease to the Office of
 2257  the Chief Financial Officer for review and approval. A proposed
 2258  contract or lease shall include:
 2259         (a) Supporting information required by s. 216.023(4)(a)9.
 2260  in ss. 287.063(5) and 287.064(11). For contracts approved under
 2261  this section, the criteria may, at add a minimum, include the
 2262  specification of a benchmark cost of capital and minimum real
 2263  rate of return on energy, water, or wastewater savings against
 2264  which proposals shall be evaluated.
 2265  
 2266  The Office of the Chief Financial Officer shall not approve any
 2267  contract submitted under this section from a state agency that
 2268  does not meet the requirements of this section.
 2269         Reviser's note.—Amended to confirm the editorial
 2270         substitution of the word “at” for the word “add” to
 2271         correct an apparent error.
 2272         Section 60. Subsection (42) of section 499.003, Florida
 2273  Statutes, is amended to read:
 2274         499.003 Definitions of terms used in this part.—As used in
 2275  this part, the term:
 2276         (42) “Prescription drug” means a prescription, medicinal,
 2277  or legend drug, including, but not limited to, finished dosage
 2278  forms or active ingredients subject to, defined by, or described
 2279  by s. 503(b) of the Federal Food, Drug, and Cosmetic Act or s.
 2280  465.003(8), s. 499.007(13), or subsection (11), subsection (45)
 2281  (47), or subsection (52) (54).
 2282         Reviser's note.—Amended to confirm the editorial
 2283         substitution of references to subsections (45) and
 2284         (52) for references to subsections (47) and (54).
 2285         Section 2, ch. 2008-207, Laws of Florida, amended s.
 2286         499.003, but the amendment contained coding errors
 2287         relating to subunit numbering.
 2288         Section 61. Paragraph (n) of subsection (10) of section
 2289  499.012, Florida Statutes, is amended to read:
 2290         499.012 Permit application requirements.—
 2291         (10) The department may deny an application for a permit or
 2292  refuse to renew a permit for a prescription drug wholesale
 2293  distributor or an out-of-state prescription drug wholesale
 2294  distributor if:
 2295         (n) The applicant or any affiliated party receives,
 2296  directly or indirectly, financial support and assistance from a
 2297  person who has been found guilty of any violation of this part
 2298  or chapter 465, chapter 501, or chapter 893, any rules adopted
 2299  under any of this part or those chapters, any federal or state
 2300  drug law, or any felony where the underlying facts related to
 2301  drugs, regardless of whether the person has been pardoned, had
 2302  her or his civil rights restored, or had adjudication withheld,
 2303  other than through the ownership of stock in a publicly traded
 2304  company or a mutual fund.
 2305         Reviser's note.—Amended to confirm the editorial
 2306         deletion of the words “any of” following the word
 2307         “under” to facilitate correct interpretation.
 2308         Section 62. Paragraph (d) of subsection (4) of section
 2309  499.0121, Florida Statutes, is amended to read:
 2310         499.0121 Storage and handling of prescription drugs;
 2311  recordkeeping.—The department shall adopt rules to implement
 2312  this section as necessary to protect the public health, safety,
 2313  and welfare. Such rules shall include, but not be limited to,
 2314  requirements for the storage and handling of prescription drugs
 2315  and for the establishment and maintenance of prescription drug
 2316  distribution records.
 2317         (4) EXAMINATION OF MATERIALS AND RECORDS.—
 2318         (d) Upon receipt, a wholesale distributor must review
 2319  records required under this section for the acquisition of
 2320  prescription drugs for accuracy and completeness, considering
 2321  the total facts and circumstances surrounding the transactions
 2322  and the wholesale distributors involved. This includes
 2323  authenticating each transaction listed on a pedigree paper, as
 2324  defined in s. 499.003(36) 499.003(35).
 2325         Reviser's note.—Amended to correct an apparent error
 2326         and conform to context. Section 2, ch. 2008-207, Laws
 2327         of Florida, redesignated subunits of s. 499.003.
 2328         Section 13, ch. 2008-207, amended s. 499.0121(4)(d) to
 2329         change the reference to s. 499.003(31), which defined
 2330         “pedigree paper”, to s. 499.003(35). The term
 2331         “pedigree paper” is now defined in s. 499.003(36).
 2332         Section 63. Paragraph (a) of subsection (1) of section
 2333  499.015, Florida Statutes, is amended to read:
 2334         499.015 Registration of drugs, devices, and cosmetics;
 2335  issuance of certificates of free sale.—
 2336         (1)(a) Except for those persons exempted from the
 2337  definition of manufacturer in s. 499.003(31) 499.003(32), any
 2338  person who manufactures, packages, repackages, labels, or
 2339  relabels a drug, device, or cosmetic in this state must register
 2340  such drug, device, or cosmetic biennially with the department;
 2341  pay a fee in accordance with the fee schedule provided by s.
 2342  499.041; and comply with this section. The registrant must list
 2343  each separate and distinct drug, device, or cosmetic at the time
 2344  of registration.
 2345         Reviser's note.—Amended to correct an apparent error
 2346         and conform to context. Section 2, ch. 2008-207, Laws
 2347         of Florida, redesignated subunits of s. 499.003.
 2348         Section 18, ch. 2008-207, amended s. 499.015(1)(a) to
 2349         change a reference to s. 499.003(28), which defined
 2350         “manufacturer,” to a reference to s. 499.003(32). The
 2351         term “manufacturer” is now defined in s. 499.003(31).
 2352         Section 64. Subsection (5) of section 500.12, Florida
 2353  Statutes, is amended to read:
 2354         500.12 Food permits; building permits.—
 2355         (5) It is the intent of the Legislature to eliminate
 2356  duplication of regulatory inspections of food. Regulatory and
 2357  permitting authority over any food establishment is preempted to
 2358  the department, except as provided in chapter 379 chapters 370
 2359  and 372.
 2360         (a) Food establishments or retail food stores that have
 2361  ancillary food service activities shall be permitted and
 2362  inspected by the department.
 2363         (b) Food service establishments, as defined in s. 381.0072,
 2364  that have ancillary, prepackaged retail food sales shall be
 2365  regulated by the Department of Health.
 2366         (c) Public food service establishments, as defined in s.
 2367  509.013, which have ancillary, prepackaged retail food sales
 2368  shall be licensed and inspected by the Department of Business
 2369  and Professional Regulation.
 2370         (d) The department and the Department of Business and
 2371  Professional Regulation shall cooperate to assure equivalency of
 2372  inspection and enforcement and to share information on those
 2373  establishments identified in paragraphs (a) and (c) and to
 2374  address any other areas of potential duplication. The department
 2375  and the Department of Business and Professional Regulation are
 2376  authorized to adopt rules to enforce statutory requirements
 2377  under their purview regarding foods.
 2378         Reviser's note.—Amended to conform to the transfer of
 2379         chapters 370 and 372 to chapter 379 by ch. 2008-247,
 2380         Laws of Florida.
 2381         Section 65. Subsection (1) of section 553.885, Florida
 2382  Statutes, is amended to read:
 2383         553.885 Carbon monoxide alarm required.—
 2384         (1) Every building, other than a hospital, an inpatient
 2385  hospice facility, or a nursing home facility licensed by the
 2386  Agency for Health Care Administration, for which a building
 2387  permit is issued for new construction on or after July 1, 2008,
 2388  and having a fossil-fuel-burning heater or appliance, a
 2389  fireplace, or an attached garage shall have an approved
 2390  operational carbon monoxide alarm installed within 10 feet of
 2391  each room used for sleeping purposes. For a new hospital, an
 2392  inpatient hospice facility, or a nursing home facility licensed
 2393  by the Agency for Health Care Administration, an approved
 2394  operational carbon monoxide detector shall be installed inside
 2395  or directly outside of each room or area within the hospital or
 2396  facility where were a fossil-fuel-burning heater, engine, or
 2397  appliance is located. This detector shall be connected to the
 2398  fire alarm system of the hospital or facility as a supervisory
 2399  signal.
 2400         Reviser's note.—Amended to confirm the editorial
 2401         substitution of the word “where” for the word “were”
 2402         to conform to context.
 2403         Section 66. Section 553.975, Florida Statutes, is amended
 2404  to read:
 2405         553.975 Report to the Governor and Legislature.—The Public
 2406  Service Commission shall submit a biennial report to the
 2407  Governor, the President of the Senate, and the Speaker of the
 2408  House of Representatives, concurrent with the report required by
 2409  s. 366.82(10) 366.82(4), beginning in 1990. Such report shall
 2410  include an evaluation of the effectiveness of these standards on
 2411  energy conservation in this state.
 2412         Reviser's note.—Amended to conform to the
 2413         redesignation of s. 366.82(4) as s. 366.82(10) by s.
 2414         39, ch. 2008-227, Laws of Florida.
 2415         Section 67. Subsection (4) of section 560.111, Florida
 2416  Statutes, is amended to read:
 2417         560.111 Prohibited acts.—
 2418         (4) Any person who willfully violates any provision of s.
 2419  560.403, s. 560.404, or s. 560.405, or s. 560.407 commits a
 2420  felony of the third degree, punishable as provided in s.
 2421  775.082, s. 775.083, or s. 775.084.
 2422         Reviser's note.—Amended to conform to the repeal of s.
 2423         560.407 by s. 55, ch. 2008-177, Laws of Florida.
 2424         Section 68. Section 560.124, Florida Statutes, is amended
 2425  to read:
 2426         560.124 Sharing of information.—Any person may provide to a
 2427  money services business, authorized vendor, law enforcement
 2428  agency, prosecutorial agency, or appropriate regulator, or any
 2429  money services business, authorized vendor, law enforcement
 2430  agency, prosecutorial agency, or appropriate regulator may
 2431  provide to any person, information about any person's known or
 2432  suspected involvement in a violation of any state, federal, or
 2433  foreign law, rule, or regulation relating to the business of a
 2434  money services business or deferred presentment present provider
 2435  which has been reported to state, federal, or foreign
 2436  authorities, and is not liable in any civil action for providing
 2437  such information.
 2438         Reviser's note.—Amended to confirm the editorial
 2439         substitution of the word “presentment” for the word
 2440         “present” to conform to context.
 2441         Section 69. Paragraph (a) of subsection (1) of section
 2442  560.141, Florida Statutes, is amended to read:
 2443         560.141 License application.—
 2444         (1) To apply for a license as a money services business
 2445  under this chapter the applicant must:
 2446         (a) Submit an application to the office on forms prescribed
 2447  by rule which includes the following information:
 2448         1. The legal name and address of the applicant, including
 2449  any fictitious or trade names used by the applicant in the
 2450  conduct of its business.
 2451         2. The date of the applicant's formation and the state in
 2452  which the applicant was formed, if applicable.
 2453         3. The name, social security number, alien identification
 2454  or taxpayer identification number, business and residence
 2455  addresses, and employment history for the past 5 years for each
 2456  officer, director, responsible person, the compliance officer,
 2457  each controlling shareholder, and any other person who has a
 2458  controlling interest in the money services business as provided
 2459  in s. 560.127.
 2460         4. A description of the organizational structure of the
 2461  applicant, including the identity of any parent or subsidiary of
 2462  the applicant, and the disclosure of whether any parent or
 2463  subsidiary is publicly traded.
 2464         5. The applicant's history of operations in other states if
 2465  applicable and a description of the money services business or
 2466  deferred presentment provider activities proposed to be
 2467  conducted by the applicant in this state.
 2468         6. If the applicant or its parent is a publicly traded
 2469  company, copies of all filings made by the applicant with the
 2470  United States Securities and Exchange Commission, or with a
 2471  similar regulator in a country other than the United States,
 2472  within the preceding year.
 2473         7. The location at which the applicant proposes to
 2474  establish its principal place of business and any other
 2475  location, including branch offices and authorized vendors
 2476  operating in this state. For each branch office identified and
 2477  each authorized vendor appointed, the applicant shall include
 2478  the nonrefundable fee required by s. 560.143.
 2479         8. The name and address of the clearing financial
 2480  institution or financial institutions through which the
 2481  applicant's payment instruments are drawn or through which the
 2482  payment instruments are payable.
 2483         9. The history of the applicant's material litigation,
 2484  criminal convictions, pleas of nolo contendere, and cases of
 2485  adjudication withheld.
 2486         10. The history of material litigation, arrests, criminal
 2487  convictions, pleas of nolo contendere, and cases of adjudication
 2488  withheld for each executive officer, director, controlling
 2489  shareholder, and responsible person.
 2490         11. The name of the registered agent in this state for
 2491  service of process unless the applicant is a sole proprietor.
 2492         12. Any other information specified in this chapter or by
 2493  rule.
 2494         Reviser's note.—Amended to confirm the editorial
 2495         insertion of the word “and” after the word
 2496         “shareholder” to improve clarity and facilitate
 2497         correct interpretation.
 2498         Section 70. Subsection (4) of section 560.142, Florida
 2499  Statutes, is amended to read:
 2500         560.142 License renewal.—
 2501         (4) If a license or declaration of intent to engage in
 2502  deferred presentment transactions expires, the license or
 2503  declaration of intent may be reinstated only if a renewal
 2504  application or declaration of intent, all required renewal fees,
 2505  and any applicable late fees are received by the office within
 2506  60 days after expiration. If not submitted within 60 days, the
 2507  license or declaration of on intent expires and a new license
 2508  application or declaration of intent must be filed with the
 2509  office pursuant to this chapter.
 2510         Reviser's note.—Amended to confirm the editorial
 2511         substitution of the word “of” for the word “on” to
 2512         improve clarity and facilitate correct interpretation.
 2513         Section 71. Paragraph (a) of subsection (1) of section
 2514  560.143, Florida Statutes, is amended to read:
 2515         560.143 Fees.—
 2516         (1) LICENSE APPLICATION FEES.—The applicable non-refundable
 2517  fees must accompany an application for licensure:
 2518         (a) Under Part II...................................$375.
 2519         Reviser's note.—Amended to confirm the editorial
 2520         deletion of the word “under” to conform to context.
 2521         Section 72. Subsection (2) of section 560.209, Florida
 2522  Statutes, is amended to read:
 2523         560.209 Net worth; corporate surety bond; collateral
 2524  deposit in lieu of bond.—
 2525         (2) A licensee must obtain an annual financial audit
 2526  report, which must be submitted to the office within 120 days
 2527  after the end of the licensee's fiscal year end, as disclosed to
 2528  the office. If the applicant is a wholly owned subsidiary of
 2529  another corporation, the financial audit report on the parent
 2530  corporation's financial statements shall satisfy this
 2531  requirement.
 2532         Reviser's note.—Amended to confirm the editorial
 2533         deletion of the word “end” following the word “year”
 2534         to improve clarity and facilitate correct
 2535         interpretation.
 2536         Section 73. Subsection (6) of section 560.404, Florida
 2537  Statutes, is amended to read:
 2538         560.404 Requirements for deferred presentment
 2539  transactions.—
 2540         (6) A deferred presentment provider or its affiliate may
 2541  not charge fees that exceed 10 percent of the currency or
 2542  payment instrument provided. However, a verification fee may be
 2543  charged as provided in s. 560.309(8) 560.309(7). The 10-percent
 2544  fee may not be applied to the verification fee. A deferred
 2545  presentment provider may charge only those fees specifically
 2546  authorized in this section.
 2547         Reviser's note.—Amended to correct an apparent error
 2548         and conform to context. Section 41, ch. 2008-177, Laws
 2549         of Florida, redesignated subunits in s. 560.309.
 2550         Section 45, ch. 2008-177, amended s. 560.404(6) to
 2551         change a reference to s. 560.309(4), which referenced
 2552         verification fees, to s. 560.309(7). Verification fees
 2553         are now referenced in s. 560.309(8).
 2554         Section 74. Subsection (2) of section 560.406, Florida
 2555  Statutes, is amended to read:
 2556         560.406 Worthless checks.—
 2557         (2) If a check is returned to a deferred presentment
 2558  provider from a payor financial institution due to insufficient
 2559  funds, a closed account, or a stop-payment order, the deferred
 2560  presentment provider may pursue all legally available civil
 2561  remedies to collect the check, including, but not limited to,
 2562  the imposition of all charges imposed on the deferred
 2563  presentment provider by the financial institution. In its
 2564  collection practices, a deferred presentment provider must
 2565  comply with the prohibitions against harassment or abuse, false
 2566  or misleading representations, and unfair practices that are
 2567  contained in the Fair Debt Collections Practices Act, 15 U.S.C.
 2568  ss. 1692d, 1692e, and 1692f. A violation of this act is a
 2569  deceptive and unfair trade practice and constitutes a violation
 2570  of the Deceptive and Unfair Trade Practices Act under part II of
 2571  chapter 501. In addition, a deferred presentment provider must
 2572  comply with the applicable provisions of the Consumer Collection
 2573  Practices Act under part VI of chapter 559, including s. 559.77.
 2574         Reviser's note.—Amended to confirm the editorial
 2575         insertion of the word “and” to improve clarity and
 2576         facilitate correct interpretation.
 2577         Section 75. Subsection (41) of section 570.07, Florida
 2578  Statutes, is amended to read:
 2579         570.07 Department of Agriculture and Consumer Services;
 2580  functions, powers, and duties.—The department shall have and
 2581  exercise the following functions, powers, and duties:
 2582         (41) Notwithstanding the provisions of s. 287.057(23)
 2583  287.057(23)(a) that require all agencies to use the online
 2584  procurement system developed by the Department of Management
 2585  Services, the department may continue to use its own online
 2586  system. However, vendors utilizing such system shall be
 2587  prequalified as meeting mandatory requirements and
 2588  qualifications and shall remit fees pursuant to s. 287.057(23),
 2589  and any rules implementing s. 287.057.
 2590         Reviser's note.—Amended to correct a cross-reference.
 2591         Section 287.057(23)(a) was split by s. 13, ch. 2008
 2592         116, Laws of Florida, to form s. 287.057(23)
 2593         introductory paragraph and (23)(a).
 2594         Section 76. Paragraph (g) of subsection (2) of section
 2595  597.004, Florida Statutes, is amended to read:
 2596         597.004 Aquaculture certificate of registration.—
 2597         (2) RULES.—
 2598         (g) Any alligator producer with an alligator farming
 2599  license and permit to establish and operate an alligator farm
 2600  shall be issued an aquaculture certificate of registration
 2601  pursuant to this section. This chapter does not supersede the
 2602  authority under chapter 379 372 to regulate alligator farms and
 2603  alligator farmers.
 2604         Reviser's note.—Amended to conform to the transfer of
 2605         chapter 372 to chapter 379 by ch. 2008-247, Laws of
 2606         Florida.
 2607         Section 77. Subsection (7), paragraph (a) of subsection
 2608  (8), and subsections (9) and (12) of section 597.010, Florida
 2609  Statutes, are amended to read:
 2610         597.010 Shellfish regulation; leases.—
 2611         (7) SURCHARGE FOR IMPROVEMENT OR REHABILITATION.—A
 2612  surcharge of $10 per acre, or any fraction of an acre, per annum
 2613  shall be levied upon each lease, other than a perpetual lease
 2614  granted pursuant to former chapter 370 prior to 1985, and
 2615  deposited into the General Inspection Trust Fund. The purpose of
 2616  the surcharge is to provide a mechanism to have financial
 2617  resources immediately available for improvement of lease areas
 2618  and for cleanup and rehabilitation of abandoned or vacated lease
 2619  sites. The department is authorized to adopt rules necessary to
 2620  carry out the provisions of this subsection.
 2621         (a) Moneys in the fund that are not needed currently for
 2622  cleanup and rehabilitation of abandoned or vacated lease sites
 2623  shall be deposited with the Chief Financial Officer to the
 2624  credit of the fund and may be invested in such manner as is
 2625  provided for by statute. Interest received on such investment
 2626  shall be credited to the fund.
 2627         (b) Funds within the General Inspection Trust Fund from
 2628  receipts from the surcharge established in this section shall be
 2629  disbursed for the following purposes and no others:
 2630         1. Administrative expenses, personnel expenses, and
 2631  equipment costs of the department related to the improvement of
 2632  lease areas, the cleanup and rehabilitation of abandoned or
 2633  vacated aquaculture lease sites, and the enforcement of
 2634  provisions of this section.
 2635         2. All costs involved in the improvement of lease areas and
 2636  the cleanup and rehabilitation of abandoned or vacated lease
 2637  sites.
 2638         3. All costs and damages which are the proximate results of
 2639  lease abandonment or vacation.
 2640         4. Reward payments made pursuant to s. 597.0045.
 2641  
 2642  The department shall recover to the use of the fund from the
 2643  person or persons abandoning or vacating the lease, jointly and
 2644  severally, all sums owed or expended from the fund.
 2645         (8) CULTIVATION REQUIREMENTS.—
 2646         (a) Effective cultivation shall consist of the growing of
 2647  the oysters or clams in a density suitable for commercial
 2648  harvesting over the amount of bottom prescribed by law. This
 2649  commercial density shall be accomplished by the planting of seed
 2650  oysters, shell, and cultch of various descriptions. The
 2651  department may stipulate in each individual lease contract the
 2652  types, shape, depth, size, and height of cultch materials on
 2653  lease bottoms according to the individual shape, depth,
 2654  location, and type of bottom of the proposed lease. Each lessee
 2655  leasing lands under the provisions of this section or s. 253.71
 2656  shall begin, within 1 year after the date of such lease, bona
 2657  fide cultivation of the same, and shall, by the end of the
 2658  second year after the commencement of such lease, have placed
 2659  under cultivation at least one-half of the leased area and shall
 2660  each year thereafter place in cultivation at least one-fourth of
 2661  the leased area until the whole, suitable for bedding of oysters
 2662  or clams, shall have been put in cultivation. The cultivation
 2663  requirements for perpetuity leases granted pursuant to former
 2664  chapter 370 prior to 1985 under previously existing law shall
 2665  comply with the conditions stated in the lease agreement, and
 2666  the lessee or grantee is authorized to plant the leased or
 2667  granted submerged land in both oysters and clams.
 2668         (9) LEASES TRANSFERABLE, ETC.—The leases in chapter 253 and
 2669  former chapter 370 shall be inheritable and transferable, in
 2670  whole or in part, and shall also be subject to mortgage, pledge,
 2671  or hypothecation and shall be subject to seizure and sale for
 2672  debts as any other property, rights, and credits in this state,
 2673  and this provision shall also apply to all buildings,
 2674  betterments, and improvements thereon. Leases granted under this
 2675  section cannot be transferred, by sale or barter, in whole or in
 2676  part, without the written, express approval of the department,
 2677  and such a transferee shall pay a $50 transfer fee before
 2678  department approval may be given. Leases inherited or
 2679  transferred will be valid only upon receipt of the transfer fee
 2680  and approval by the department. The department shall keep proper
 2681  indexes so that all original leases and all subsequent changes
 2682  and transfers can be easily and accurately ascertained.
 2683         (12) FRANKLIN COUNTY LEASES.—On and after the effective
 2684  date of this section, the only leases available in Franklin
 2685  County shall be those issued pursuant to ss. 253.67-253.75;
 2686  former chapter 370 leases shall no longer be available. The
 2687  department shall require in the lease agreement such
 2688  restrictions as it deems necessary to protect the environment,
 2689  the existing leaseholders, and public fishery.
 2690         Reviser's note.—Amended to confirm the editorial
 2691         addition of the word “former” to provide a historical
 2692         reference; chapter 370 was transferred to chapter 379
 2693         by ch. 2008-247, Laws of Florida.
 2694         Section 78. Paragraph (c) of subsection (1) of section
 2695  624.4213, Florida Statutes, is amended to read:
 2696         624.4213 Trade secret documents.—
 2697         (1) If any person who is required to submit documents or
 2698  other information to the office or department pursuant to the
 2699  insurance code or by rule or order of the office, department, or
 2700  commission claims that such submission contains a trade secret,
 2701  such person may file with the office or department a notice of
 2702  trade secret as provided in this section. Failure to do so
 2703  constitutes a waiver of any claim by such person that the
 2704  document or information is a trade secret.
 2705         (c) In submitting a notice of trade secret to the office or
 2706  department, the submitting party must include an affidavit
 2707  certifying under oath to the truth of the following statements
 2708  concerning all documents or information that are claimed to be
 2709  trade secrets:
 2710         1. [I consider/My company considers] this information a
 2711  trade secret that has value and provides an advantage or an
 2712  opportunity to obtain an advantage over those who do not know or
 2713  use it.
 2714         2. [I have/My company has] taken measures to prevent the
 2715  disclosure of the information to anyone other than that those
 2716  who have been selected to have access for limited purposes, and
 2717  [I intend/my company intends] to continue to take such measures.
 2718         3. The information is not, and has not been, reasonably
 2719  obtainable without [my/our] consent by other persons by use of
 2720  legitimate means.
 2721         4. The information is not publicly available elsewhere.
 2722         Reviser's note.—Amended to confirm the editorial
 2723         substitution of the word “than” for the word “that” to
 2724         correct a typographical error.
 2725         Section 79. Subsection (2) of section 626.8541, Florida
 2726  Statutes, is amended to read:
 2727         626.8541 Public adjuster apprentice.—
 2728         (2) A public adjuster apprentice must work with a licensed
 2729  and appointed public adjuster for a period of 12 months as set
 2730  forth in this section, and must otherwise be who otherwise is in
 2731  full compliance with this chapter, prior to being eligible for
 2732  appointment as a licensed public adjuster.
 2733         Reviser's note.—Amended to confirm the editorial
 2734         substitution of the words “must otherwise be” for the
 2735         words “who otherwise is” to improve clarity and
 2736         facilitate correct interpretation.
 2737         Section 80. Section 626.8796, Florida Statutes, is amended
 2738  to read:
 2739         626.8796 Public adjuster contracts; fraud statement.—All
 2740  contracts for public adjuster services must be in writing and
 2741  must prominently display the following statement on the
 2742  contract: “Pursuant to s. 817.234, Florida Statutes, any person
 2743  who, with the intent to injure, defraud, or deceive any insurer
 2744  or insured, prepares, presents, or causes to be presented a
 2745  proof of loss or estimate of cost or repair of damaged property
 2746  in support of a claim under an insurance policy knowing that the
 2747  proof of loss or estimate of claim or repairs contains any
 2748  false, incomplete, or misleading information concerning any fact
 2749  or thing material to the claim commits a felony of the third
 2750  degree, punishable as provided in s. 775.082, s. 775.083
 2751  775.803, or s. 775.084, Florida Statutes.”
 2752         Reviser's note.—Amended to confirm the editorial
 2753         substitution of a reference to s. 775.083 for a
 2754         reference to s. 775.803 to correct an apparent error.
 2755         Section 775.803 does not exist; s. 775.083 provides
 2756         for punishment for a third degree felony.
 2757         Section 81. Section 626.8797, Florida Statutes, is amended
 2758  to read:
 2759         626.8797 Proof of loss; fraud statement.—All proof of loss
 2760  statements must prominently display the following statement:
 2761  “Pursuant to s. 817.234, Florida Statutes, any person who, with
 2762  the intent to injure, defraud, or deceive any insurer or
 2763  insured, prepares, presents, or causes to be presented a proof
 2764  of loss or estimate of cost or repair of damaged property in
 2765  support of a claim under an insurance policy knowing that the
 2766  proof of loss or estimate of claim or repairs contains any
 2767  false, incomplete, or misleading information concerning any fact
 2768  or thing material to the claim commits a felony of the third
 2769  degree, punishable as provided in s. 775.082, s. 775.083
 2770  775.803, or s. 775.084, Florida Statutes.”
 2771         Reviser's note.—Amended to confirm the editorial
 2772         substitution of a reference to s. 775.083 for a
 2773         reference to s. 775.803 to correct an apparent error.
 2774         Section 775.803 does not exist; s. 775.083 provides
 2775         for punishment for a third degree felony.
 2776         Section 82. Subsection (2) of section 627.0621, Florida
 2777  Statutes, is amended to read:
 2778         627.0621 Transparency in rate regulation.—
 2779         (2) WEBSITE FOR PUBLIC ACCESS TO RATE FILING INFORMATION.
 2780  With respect to any rate filing made on or after July 1, 2008,
 2781  the office shall provide the following information on a publicly
 2782  accessible Internet website:
 2783         (a) The overall rate change requested by the insurer.
 2784         (b) All assumptions made by the office's actuaries.
 2785         (c) A statement describing any assumptions or methods that
 2786  deviate from the actuarial standards of practice of the Casualty
 2787  Actuarial Society or the American Academy of Actuaries,
 2788  including an explanation of the nature, rationale, and effect of
 2789  the deviation.
 2790         (d) All recommendations made by any office actuary who
 2791  reviewed the rate filing.
 2792         (e) Certification by the office's actuary that, based on
 2793  the actuary's knowledge, his or her recommendations are
 2794  consistent with accepted actuarial principles.
 2795         (f) The overall rate change approved by the office.
 2796         Reviser's note.—Amended to confirm the editorial
 2797         insertion of the word “or” to improve clarity and
 2798         facilitate correct interpretation.
 2799         Section 83. Paragraph (c) of subsection (1) of section
 2800  627.0628, Florida Statutes, is amended to read:
 2801         627.0628 Florida Commission on Hurricane Loss Projection
 2802  Methodology; public records exemption; public meetings
 2803  exemption.—
 2804         (1) LEGISLATIVE FINDINGS AND INTENT.—
 2805         (c) It is the intent of the Legislature to create the
 2806  Florida Commission on Hurricane Loss Projection Methodology as a
 2807  panel of experts to provide the most actuarially sophisticated
 2808  guidelines and standards for projection of hurricane losses
 2809  possible, given the current state of actuarial science. It is
 2810  the further intent of the Legislature that such standards and
 2811  guidelines must be used by the State Board of Administration in
 2812  developing reimbursement premium rates for the Florida Hurricane
 2813  Catastrophe Fund, and, subject to paragraph (3)(d) (3)(c), must
 2814  be used by insurers in rate filings under s. 627.062 unless the
 2815  way in which such standards and guidelines were applied by the
 2816  insurer was erroneous, as shown by a preponderance of the
 2817  evidence.
 2818         Reviser's note.—Amended to conform to the
 2819         redesignation of paragraph (3)(c) as paragraph (3)(d)
 2820         by s. 11, ch. 2008-66, Laws of Florida.
 2821         Section 84. Subsection (2) of section 627.351, Florida
 2822  Statutes, is reenacted to read:
 2823         627.351 Insurance risk apportionment plans.—
 2824         (2) WINDSTORM INSURANCE RISK APPORTIONMENT.—
 2825         (a) Agreements may be made among property insurers with
 2826  respect to the equitable apportionment among them of insurance
 2827  which may be afforded applicants who are in good faith entitled
 2828  to, but are unable to procure, such insurance through ordinary
 2829  methods; and such insurers may agree among themselves on the use
 2830  of reasonable rate modifications for such insurance. Such
 2831  agreements and rate modifications shall be subject to the
 2832  applicable provisions of this chapter.
 2833         (b) The department shall require all insurers holding a
 2834  certificate of authority to transact property insurance on a
 2835  direct basis in this state, other than joint underwriting
 2836  associations and other entities formed pursuant to this section,
 2837  to provide windstorm coverage to applicants from areas
 2838  determined to be eligible pursuant to paragraph (c) who in good
 2839  faith are entitled to, but are unable to procure, such coverage
 2840  through ordinary means; or it shall adopt a reasonable plan or
 2841  plans for the equitable apportionment or sharing among such
 2842  insurers of windstorm coverage, which may include formation of
 2843  an association for this purpose. As used in this subsection, the
 2844  term “property insurance” means insurance on real or personal
 2845  property, as defined in s. 624.604, including insurance for
 2846  fire, industrial fire, allied lines, farmowners multiperil,
 2847  homeowners' multiperil, commercial multiperil, and mobile homes,
 2848  and including liability coverages on all such insurance, but
 2849  excluding inland marine as defined in s. 624.607(3) and
 2850  excluding vehicle insurance as defined in s. 624.605(1)(a) other
 2851  than insurance on mobile homes used as permanent dwellings. The
 2852  department shall adopt rules that provide a formula for the
 2853  recovery and repayment of any deferred assessments.
 2854         1. For the purpose of this section, properties eligible for
 2855  such windstorm coverage are defined as dwellings, buildings, and
 2856  other structures, including mobile homes which are used as
 2857  dwellings and which are tied down in compliance with mobile home
 2858  tie-down requirements prescribed by the Department of Highway
 2859  Safety and Motor Vehicles pursuant to s. 320.8325, and the
 2860  contents of all such properties. An applicant or policyholder is
 2861  eligible for coverage only if an offer of coverage cannot be
 2862  obtained by or for the applicant or policyholder from an
 2863  admitted insurer at approved rates.
 2864         2.a.
 2865         (I) All insurers required to be members of such association
 2866  shall participate in its writings, expenses, and losses. Surplus
 2867  of the association shall be retained for the payment of claims
 2868  and shall not be distributed to the member insurers. Such
 2869  participation by member insurers shall be in the proportion that
 2870  the net direct premiums of each member insurer written for
 2871  property insurance in this state during the preceding calendar
 2872  year bear to the aggregate net direct premiums for property
 2873  insurance of all member insurers, as reduced by any credits for
 2874  voluntary writings, in this state during the preceding calendar
 2875  year. For the purposes of this subsection, the term “net direct
 2876  premiums” means direct written premiums for property insurance,
 2877  reduced by premium for liability coverage and for the following
 2878  if included in allied lines: rain and hail on growing crops;
 2879  livestock; association direct premiums booked; National Flood
 2880  Insurance Program direct premiums; and similar deductions
 2881  specifically authorized by the plan of operation and approved by
 2882  the department. A member's participation shall begin on the
 2883  first day of the calendar year following the year in which it is
 2884  issued a certificate of authority to transact property insurance
 2885  in the state and shall terminate 1 year after the end of the
 2886  calendar year during which it no longer holds a certificate of
 2887  authority to transact property insurance in the state. The
 2888  commissioner, after review of annual statements, other reports,
 2889  and any other statistics that the commissioner deems necessary,
 2890  shall certify to the association the aggregate direct premiums
 2891  written for property insurance in this state by all member
 2892  insurers.
 2893         (II) Effective July 1, 2002, the association shall operate
 2894  subject to the supervision and approval of a board of governors
 2895  who are the same individuals that have been appointed by the
 2896  Treasurer to serve on the board of governors of the Citizens
 2897  Property Insurance Corporation.
 2898         (III) The plan of operation shall provide a formula whereby
 2899  a company voluntarily providing windstorm coverage in affected
 2900  areas will be relieved wholly or partially from apportionment of
 2901  a regular assessment pursuant to sub-sub-subparagraph d.(I) or
 2902  sub-sub-subparagraph d.(II).
 2903         (IV) A company which is a member of a group of companies
 2904  under common management may elect to have its credits applied on
 2905  a group basis, and any company or group may elect to have its
 2906  credits applied to any other company or group.
 2907         (V) There shall be no credits or relief from apportionment
 2908  to a company for emergency assessments collected from its
 2909  policyholders under sub-sub-subparagraph d.(III).
 2910         (VI) The plan of operation may also provide for the award
 2911  of credits, for a period not to exceed 3 years, from a regular
 2912  assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub
 2913  subparagraph d.(II) as an incentive for taking policies out of
 2914  the Residential Property and Casualty Joint Underwriting
 2915  Association. In order to qualify for the exemption under this
 2916  sub-sub-subparagraph, the take-out plan must provide that at
 2917  least 40 percent of the policies removed from the Residential
 2918  Property and Casualty Joint Underwriting Association cover risks
 2919  located in Miami-Dade, Broward, and Palm Beach Counties or at
 2920  least 30 percent of the policies so removed cover risks located
 2921  in Miami-Dade, Broward, and Palm Beach Counties and an
 2922  additional 50 percent of the policies so removed cover risks
 2923  located in other coastal counties, and must also provide that no
 2924  more than 15 percent of the policies so removed may exclude
 2925  windstorm coverage. With the approval of the department, the
 2926  association may waive these geographic criteria for a take-out
 2927  plan that removes at least the lesser of 100,000 Residential
 2928  Property and Casualty Joint Underwriting Association policies or
 2929  15 percent of the total number of Residential Property and
 2930  Casualty Joint Underwriting Association policies, provided the
 2931  governing board of the Residential Property and Casualty Joint
 2932  Underwriting Association certifies that the take-out plan will
 2933  materially reduce the Residential Property and Casualty Joint
 2934  Underwriting Association's 100-year probable maximum loss from
 2935  hurricanes. With the approval of the department, the board may
 2936  extend such credits for an additional year if the insurer
 2937  guarantees an additional year of renewability for all policies
 2938  removed from the Residential Property and Casualty Joint
 2939  Underwriting Association, or for 2 additional years if the
 2940  insurer guarantees 2 additional years of renewability for all
 2941  policies removed from the Residential Property and Casualty
 2942  Joint Underwriting Association.
 2943         b. Assessments to pay deficits in the association under
 2944  this subparagraph shall be included as an appropriate factor in
 2945  the making of rates as provided in s. 627.3512.
 2946         c. The Legislature finds that the potential for unlimited
 2947  deficit assessments under this subparagraph may induce insurers
 2948  to attempt to reduce their writings in the voluntary market, and
 2949  that such actions would worsen the availability problems that
 2950  the association was created to remedy. It is the intent of the
 2951  Legislature that insurers remain fully responsible for paying
 2952  regular assessments and collecting emergency assessments for any
 2953  deficits of the association; however, it is also the intent of
 2954  the Legislature to provide a means by which assessment
 2955  liabilities may be amortized over a period of years.
 2956         d.
 2957         (I) When the deficit incurred in a particular calendar year
 2958  is 10 percent or less of the aggregate statewide direct written
 2959  premium for property insurance for the prior calendar year for
 2960  all member insurers, the association shall levy an assessment on
 2961  member insurers in an amount equal to the deficit.
 2962         (II) When the deficit incurred in a particular calendar
 2963  year exceeds 10 percent of the aggregate statewide direct
 2964  written premium for property insurance for the prior calendar
 2965  year for all member insurers, the association shall levy an
 2966  assessment on member insurers in an amount equal to the greater
 2967  of 10 percent of the deficit or 10 percent of the aggregate
 2968  statewide direct written premium for property insurance for the
 2969  prior calendar year for member insurers. Any remaining deficit
 2970  shall be recovered through emergency assessments under sub-sub
 2971  subparagraph (III).
 2972         (III) Upon a determination by the board of directors that a
 2973  deficit exceeds the amount that will be recovered through
 2974  regular assessments on member insurers, pursuant to sub-sub
 2975  subparagraph (I) or sub-sub-subparagraph (II), the board shall
 2976  levy, after verification by the department, emergency
 2977  assessments to be collected by member insurers and by
 2978  underwriting associations created pursuant to this section which
 2979  write property insurance, upon issuance or renewal of property
 2980  insurance policies other than National Flood Insurance policies
 2981  in the year or years following levy of the regular assessments.
 2982  The amount of the emergency assessment collected in a particular
 2983  year shall be a uniform percentage of that year's direct written
 2984  premium for property insurance for all member insurers and
 2985  underwriting associations, excluding National Flood Insurance
 2986  policy premiums, as annually determined by the board and
 2987  verified by the department. The department shall verify the
 2988  arithmetic calculations involved in the board's determination
 2989  within 30 days after receipt of the information on which the
 2990  determination was based. Notwithstanding any other provision of
 2991  law, each member insurer and each underwriting association
 2992  created pursuant to this section shall collect emergency
 2993  assessments from its policyholders without such obligation being
 2994  affected by any credit, limitation, exemption, or deferment. The
 2995  emergency assessments so collected shall be transferred directly
 2996  to the association on a periodic basis as determined by the
 2997  association. The aggregate amount of emergency assessments
 2998  levied under this sub-sub-subparagraph in any calendar year may
 2999  not exceed the greater of 10 percent of the amount needed to
 3000  cover the original deficit, plus interest, fees, commissions,
 3001  required reserves, and other costs associated with financing of
 3002  the original deficit, or 10 percent of the aggregate statewide
 3003  direct written premium for property insurance written by member
 3004  insurers and underwriting associations for the prior year, plus
 3005  interest, fees, commissions, required reserves, and other costs
 3006  associated with financing the original deficit. The board may
 3007  pledge the proceeds of the emergency assessments under this sub
 3008  sub-subparagraph as the source of revenue for bonds, to retire
 3009  any other debt incurred as a result of the deficit or events
 3010  giving rise to the deficit, or in any other way that the board
 3011  determines will efficiently recover the deficit. The emergency
 3012  assessments under this sub-sub-subparagraph shall continue as
 3013  long as any bonds issued or other indebtedness incurred with
 3014  respect to a deficit for which the assessment was imposed remain
 3015  outstanding, unless adequate provision has been made for the
 3016  payment of such bonds or other indebtedness pursuant to the
 3017  document governing such bonds or other indebtedness. Emergency
 3018  assessments collected under this sub-sub-subparagraph are not
 3019  part of an insurer's rates, are not premium, and are not subject
 3020  to premium tax, fees, or commissions; however, failure to pay
 3021  the emergency assessment shall be treated as failure to pay
 3022  premium.
 3023         (IV) Each member insurer's share of the total regular
 3024  assessments under sub-sub-subparagraph (I) or sub-sub
 3025  subparagraph (II) shall be in the proportion that the insurer's
 3026  net direct premium for property insurance in this state, for the
 3027  year preceding the assessment bears to the aggregate statewide
 3028  net direct premium for property insurance of all member
 3029  insurers, as reduced by any credits for voluntary writings for
 3030  that year.
 3031         (V) If regular deficit assessments are made under sub-sub
 3032  subparagraph (I) or sub-sub-subparagraph (II), or by the
 3033  Residential Property and Casualty Joint Underwriting Association
 3034  under sub-subparagraph (6)(b)3.a. or sub-subparagraph
 3035  (6)(b)3.b., the association shall levy upon the association's
 3036  policyholders, as part of its next rate filing, or by a separate
 3037  rate filing solely for this purpose, a market equalization
 3038  surcharge in a percentage equal to the total amount of such
 3039  regular assessments divided by the aggregate statewide direct
 3040  written premium for property insurance for member insurers for
 3041  the prior calendar year. Market equalization surcharges under
 3042  this sub-sub-subparagraph are not considered premium and are not
 3043  subject to commissions, fees, or premium taxes; however, failure
 3044  to pay a market equalization surcharge shall be treated as
 3045  failure to pay premium.
 3046         e. The governing body of any unit of local government, any
 3047  residents of which are insured under the plan, may issue bonds
 3048  as defined in s. 125.013 or s. 166.101 to fund an assistance
 3049  program, in conjunction with the association, for the purpose of
 3050  defraying deficits of the association. In order to avoid
 3051  needless and indiscriminate proliferation, duplication, and
 3052  fragmentation of such assistance programs, any unit of local
 3053  government, any residents of which are insured by the
 3054  association, may provide for the payment of losses, regardless
 3055  of whether or not the losses occurred within or outside of the
 3056  territorial jurisdiction of the local government. Revenue bonds
 3057  may not be issued until validated pursuant to chapter 75, unless
 3058  a state of emergency is declared by executive order or
 3059  proclamation of the Governor pursuant to s. 252.36 making such
 3060  findings as are necessary to determine that it is in the best
 3061  interests of, and necessary for, the protection of the public
 3062  health, safety, and general welfare of residents of this state
 3063  and the protection and preservation of the economic stability of
 3064  insurers operating in this state, and declaring it an essential
 3065  public purpose to permit certain municipalities or counties to
 3066  issue bonds as will provide relief to claimants and
 3067  policyholders of the association and insurers responsible for
 3068  apportionment of plan losses. Any such unit of local government
 3069  may enter into such contracts with the association and with any
 3070  other entity created pursuant to this subsection as are
 3071  necessary to carry out this paragraph. Any bonds issued under
 3072  this sub-subparagraph shall be payable from and secured by
 3073  moneys received by the association from assessments under this
 3074  subparagraph, and assigned and pledged to or on behalf of the
 3075  unit of local government for the benefit of the holders of such
 3076  bonds. The funds, credit, property, and taxing power of the
 3077  state or of the unit of local government shall not be pledged
 3078  for the payment of such bonds. If any of the bonds remain unsold
 3079  60 days after issuance, the department shall require all
 3080  insurers subject to assessment to purchase the bonds, which
 3081  shall be treated as admitted assets; each insurer shall be
 3082  required to purchase that percentage of the unsold portion of
 3083  the bond issue that equals the insurer's relative share of
 3084  assessment liability under this subsection. An insurer shall not
 3085  be required to purchase the bonds to the extent that the
 3086  department determines that the purchase would endanger or impair
 3087  the solvency of the insurer. The authority granted by this sub
 3088  subparagraph is additional to any bonding authority granted by
 3089  subparagraph 6.
 3090         3. The plan shall also provide that any member with a
 3091  surplus as to policyholders of $20 million or less writing 25
 3092  percent or more of its total countrywide property insurance
 3093  premiums in this state may petition the department, within the
 3094  first 90 days of each calendar year, to qualify as a limited
 3095  apportionment company. The apportionment of such a member
 3096  company in any calendar year for which it is qualified shall not
 3097  exceed its gross participation, which shall not be affected by
 3098  the formula for voluntary writings. In no event shall a limited
 3099  apportionment company be required to participate in any
 3100  apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
 3101  or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
 3102  $50 million after payment of available plan funds in any
 3103  calendar year. However, a limited apportionment company shall
 3104  collect from its policyholders any emergency assessment imposed
 3105  under sub-sub-subparagraph 2.d.(III). The plan shall provide
 3106  that, if the department determines that any regular assessment
 3107  will result in an impairment of the surplus of a limited
 3108  apportionment company, the department may direct that all or
 3109  part of such assessment be deferred. However, there shall be no
 3110  limitation or deferment of an emergency assessment to be
 3111  collected from policyholders under sub-sub-subparagraph
 3112  2.d.(III).
 3113         4. The plan shall provide for the deferment, in whole or in
 3114  part, of a regular assessment of a member insurer under sub-sub
 3115  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not
 3116  for an emergency assessment collected from policyholders under
 3117  sub-sub-subparagraph 2.d.(III), if, in the opinion of the
 3118  commissioner, payment of such regular assessment would endanger
 3119  or impair the solvency of the member insurer. In the event a
 3120  regular assessment against a member insurer is deferred in whole
 3121  or in part, the amount by which such assessment is deferred may
 3122  be assessed against the other member insurers in a manner
 3123  consistent with the basis for assessments set forth in sub-sub
 3124  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
 3125         5.a. The plan of operation may include deductibles and
 3126  rules for classification of risks and rate modifications
 3127  consistent with the objective of providing and maintaining funds
 3128  sufficient to pay catastrophe losses.
 3129         b. It is the intent of the Legislature that the rates for
 3130  coverage provided by the association be actuarially sound and
 3131  not competitive with approved rates charged in the admitted
 3132  voluntary market such that the association functions as a
 3133  residual market mechanism to provide insurance only when the
 3134  insurance cannot be procured in the voluntary market. The plan
 3135  of operation shall provide a mechanism to assure that, beginning
 3136  no later than January 1, 1999, the rates charged by the
 3137  association for each line of business are reflective of approved
 3138  rates in the voluntary market for hurricane coverage for each
 3139  line of business in the various areas eligible for association
 3140  coverage.
 3141         c. The association shall provide for windstorm coverage on
 3142  residential properties in limits up to $10 million for
 3143  commercial lines residential risks and up to $1 million for
 3144  personal lines residential risks. If coverage with the
 3145  association is sought for a residential risk valued in excess of
 3146  these limits, coverage shall be available to the risk up to the
 3147  replacement cost or actual cash value of the property, at the
 3148  option of the insured, if coverage for the risk cannot be
 3149  located in the authorized market. The association must accept a
 3150  commercial lines residential risk with limits above $10 million
 3151  or a personal lines residential risk with limits above $1
 3152  million if coverage is not available in the authorized market.
 3153  The association may write coverage above the limits specified in
 3154  this subparagraph with or without facultative or other
 3155  reinsurance coverage, as the association determines appropriate.
 3156         d. The plan of operation must provide objective criteria
 3157  and procedures, approved by the department, to be uniformly
 3158  applied for all applicants in determining whether an individual
 3159  risk is so hazardous as to be uninsurable. In making this
 3160  determination and in establishing the criteria and procedures,
 3161  the following shall be considered:
 3162         (I) Whether the likelihood of a loss for the individual
 3163  risk is substantially higher than for other risks of the same
 3164  class; and
 3165         (II) Whether the uncertainty associated with the individual
 3166  risk is such that an appropriate premium cannot be determined.
 3167  
 3168  The acceptance or rejection of a risk by the association
 3169  pursuant to such criteria and procedures must be construed as
 3170  the private placement of insurance, and the provisions of
 3171  chapter 120 do not apply.
 3172         e. If the risk accepts an offer of coverage through the
 3173  market assistance program or through a mechanism established by
 3174  the association, either before the policy is issued by the
 3175  association or during the first 30 days of coverage by the
 3176  association, and the producing agent who submitted the
 3177  application to the association is not currently appointed by the
 3178  insurer, the insurer shall:
 3179         (I) Pay to the producing agent of record of the policy, for
 3180  the first year, an amount that is the greater of the insurer's
 3181  usual and customary commission for the type of policy written or
 3182  a fee equal to the usual and customary commission of the
 3183  association; or
 3184         (II) Offer to allow the producing agent of record of the
 3185  policy to continue servicing the policy for a period of not less
 3186  than 1 year and offer to pay the agent the greater of the
 3187  insurer's or the association's usual and customary commission
 3188  for the type of policy written.
 3189  
 3190  If the producing agent is unwilling or unable to accept
 3191  appointment, the new insurer shall pay the agent in accordance
 3192  with sub-sub-subparagraph (I). Subject to the provisions of s.
 3193  627.3517, the policies issued by the association must provide
 3194  that if the association obtains an offer from an authorized
 3195  insurer to cover the risk at its approved rates under either a
 3196  standard policy including wind coverage or, if consistent with
 3197  the insurer's underwriting rules as filed with the department, a
 3198  basic policy including wind coverage, the risk is no longer
 3199  eligible for coverage through the association. Upon termination
 3200  of eligibility, the association shall provide written notice to
 3201  the policyholder and agent of record stating that the
 3202  association policy must be canceled as of 60 days after the date
 3203  of the notice because of the offer of coverage from an
 3204  authorized insurer. Other provisions of the insurance code
 3205  relating to cancellation and notice of cancellation do not apply
 3206  to actions under this sub-subparagraph.
 3207         f. When the association enters into a contractual agreement
 3208  for a take-out plan, the producing agent of record of the
 3209  association policy is entitled to retain any unearned commission
 3210  on the policy, and the insurer shall:
 3211         (I) Pay to the producing agent of record of the association
 3212  policy, for the first year, an amount that is the greater of the
 3213  insurer's usual and customary commission for the type of policy
 3214  written or a fee equal to the usual and customary commission of
 3215  the association; or
 3216         (II) Offer to allow the producing agent of record of the
 3217  association policy to continue servicing the policy for a period
 3218  of not less than 1 year and offer to pay the agent the greater
 3219  of the insurer's or the association's usual and customary
 3220  commission for the type of policy written.
 3221  
 3222  If the producing agent is unwilling or unable to accept
 3223  appointment, the new insurer shall pay the agent in accordance
 3224  with sub-sub-subparagraph (I).
 3225         6.a. The plan of operation may authorize the formation of a
 3226  private nonprofit corporation, a private nonprofit
 3227  unincorporated association, a partnership, a trust, a limited
 3228  liability company, or a nonprofit mutual company which may be
 3229  empowered, among other things, to borrow money by issuing bonds
 3230  or by incurring other indebtedness and to accumulate reserves or
 3231  funds to be used for the payment of insured catastrophe losses.
 3232  The plan may authorize all actions necessary to facilitate the
 3233  issuance of bonds, including the pledging of assessments or
 3234  other revenues.
 3235         b. Any entity created under this subsection, or any entity
 3236  formed for the purposes of this subsection, may sue and be sued,
 3237  may borrow money; issue bonds, notes, or debt instruments;
 3238  pledge or sell assessments, market equalization surcharges and
 3239  other surcharges, rights, premiums, contractual rights,
 3240  projected recoveries from the Florida Hurricane Catastrophe
 3241  Fund, other reinsurance recoverables, and other assets as
 3242  security for such bonds, notes, or debt instruments; enter into
 3243  any contracts or agreements necessary or proper to accomplish
 3244  such borrowings; and take other actions necessary to carry out
 3245  the purposes of this subsection. The association may issue bonds
 3246  or incur other indebtedness, or have bonds issued on its behalf
 3247  by a unit of local government pursuant to subparagraph (6)(p)2.,
 3248  in the absence of a hurricane or other weather-related event,
 3249  upon a determination by the association subject to approval by
 3250  the department that such action would enable it to efficiently
 3251  meet the financial obligations of the association and that such
 3252  financings are reasonably necessary to effectuate the
 3253  requirements of this subsection. Any such entity may accumulate
 3254  reserves and retain surpluses as of the end of any association
 3255  year to provide for the payment of losses incurred by the
 3256  association during that year or any future year. The association
 3257  shall incorporate and continue the plan of operation and
 3258  articles of agreement in effect on the effective date of chapter
 3259  76-96, Laws of Florida, to the extent that it is not
 3260  inconsistent with chapter 76-96, and as subsequently modified
 3261  consistent with chapter 76-96. The board of directors and
 3262  officers currently serving shall continue to serve until their
 3263  successors are duly qualified as provided under the plan. The
 3264  assets and obligations of the plan in effect immediately prior
 3265  to the effective date of chapter 76-96 shall be construed to be
 3266  the assets and obligations of the successor plan created herein.
 3267         c. In recognition of s. 10, Art. I of the State
 3268  Constitution, prohibiting the impairment of obligations of
 3269  contracts, it is the intent of the Legislature that no action be
 3270  taken whose purpose is to impair any bond indenture or financing
 3271  agreement or any revenue source committed by contract to such
 3272  bond or other indebtedness issued or incurred by the association
 3273  or any other entity created under this subsection.
 3274         7. On such coverage, an agent's remuneration shall be that
 3275  amount of money payable to the agent by the terms of his or her
 3276  contract with the company with which the business is placed.
 3277  However, no commission will be paid on that portion of the
 3278  premium which is in excess of the standard premium of that
 3279  company.
 3280         8. Subject to approval by the department, the association
 3281  may establish different eligibility requirements and operational
 3282  procedures for any line or type of coverage for any specified
 3283  eligible area or portion of an eligible area if the board
 3284  determines that such changes to the eligibility requirements and
 3285  operational procedures are justified due to the voluntary market
 3286  being sufficiently stable and competitive in such area or for
 3287  such line or type of coverage and that consumers who, in good
 3288  faith, are unable to obtain insurance through the voluntary
 3289  market through ordinary methods would continue to have access to
 3290  coverage from the association. When coverage is sought in
 3291  connection with a real property transfer, such requirements and
 3292  procedures shall not provide for an effective date of coverage
 3293  later than the date of the closing of the transfer as
 3294  established by the transferor, the transferee, and, if
 3295  applicable, the lender.
 3296         9. Notwithstanding any other provision of law:
 3297         a. The pledge or sale of, the lien upon, and the security
 3298  interest in any rights, revenues, or other assets of the
 3299  association created or purported to be created pursuant to any
 3300  financing documents to secure any bonds or other indebtedness of
 3301  the association shall be and remain valid and enforceable,
 3302  notwithstanding the commencement of and during the continuation
 3303  of, and after, any rehabilitation, insolvency, liquidation,
 3304  bankruptcy, receivership, conservatorship, reorganization, or
 3305  similar proceeding against the association under the laws of
 3306  this state or any other applicable laws.
 3307         b. No such proceeding shall relieve the association of its
 3308  obligation, or otherwise affect its ability to perform its
 3309  obligation, to continue to collect, or levy and collect,
 3310  assessments, market equalization or other surcharges, projected
 3311  recoveries from the Florida Hurricane Catastrophe Fund,
 3312  reinsurance recoverables, or any other rights, revenues, or
 3313  other assets of the association pledged.
 3314         c. Each such pledge or sale of, lien upon, and security
 3315  interest in, including the priority of such pledge, lien, or
 3316  security interest, any such assessments, emergency assessments,
 3317  market equalization or renewal surcharges, projected recoveries
 3318  from the Florida Hurricane Catastrophe Fund, reinsurance
 3319  recoverables, or other rights, revenues, or other assets which
 3320  are collected, or levied and collected, after the commencement
 3321  of and during the pendency of or after any such proceeding shall
 3322  continue unaffected by such proceeding.
 3323         d. As used in this subsection, the term “financing
 3324  documents” means any agreement, instrument, or other document
 3325  now existing or hereafter created evidencing any bonds or other
 3326  indebtedness of the association or pursuant to which any such
 3327  bonds or other indebtedness has been or may be issued and
 3328  pursuant to which any rights, revenues, or other assets of the
 3329  association are pledged or sold to secure the repayment of such
 3330  bonds or indebtedness, together with the payment of interest on
 3331  such bonds or such indebtedness, or the payment of any other
 3332  obligation of the association related to such bonds or
 3333  indebtedness.
 3334         e. Any such pledge or sale of assessments, revenues,
 3335  contract rights or other rights or assets of the association
 3336  shall constitute a lien and security interest, or sale, as the
 3337  case may be, that is immediately effective and attaches to such
 3338  assessments, revenues, contract, or other rights or assets,
 3339  whether or not imposed or collected at the time the pledge or
 3340  sale is made. Any such pledge or sale is effective, valid,
 3341  binding, and enforceable against the association or other entity
 3342  making such pledge or sale, and valid and binding against and
 3343  superior to any competing claims or obligations owed to any
 3344  other person or entity, including policyholders in this state,
 3345  asserting rights in any such assessments, revenues, contract, or
 3346  other rights or assets to the extent set forth in and in
 3347  accordance with the terms of the pledge or sale contained in the
 3348  applicable financing documents, whether or not any such person
 3349  or entity has notice of such pledge or sale and without the need
 3350  for any physical delivery, recordation, filing, or other action.
 3351         f. There shall be no liability on the part of, and no cause
 3352  of action of any nature shall arise against, any member insurer
 3353  or its agents or employees, agents or employees of the
 3354  association, members of the board of directors of the
 3355  association, or the department or its representatives, for any
 3356  action taken by them in the performance of their duties or
 3357  responsibilities under this subsection. Such immunity does not
 3358  apply to actions for breach of any contract or agreement
 3359  pertaining to insurance, or any willful tort.
 3360         (c) The provisions of paragraph (b) are applicable only
 3361  with respect to:
 3362         1. Those areas that were eligible for coverage under this
 3363  subsection on April 9, 1993; or
 3364         2. Any county or area as to which the department, after
 3365  public hearing, finds that the following criteria exist:
 3366         a. Due to the lack of windstorm insurance coverage in the
 3367  county or area so affected, economic growth and development is
 3368  being deterred or otherwise stifled in such county or area,
 3369  mortgages are in default, and financial institutions are unable
 3370  to make loans;
 3371         b. The county or area so affected is enforcing the
 3372  structural requirements of the Florida Building Code, as defined
 3373  in s. 553.73, for new construction and has included adequate
 3374  minimum floor elevation requirements for structures in areas
 3375  subject to inundation; and
 3376         c. Extending windstorm insurance coverage to such county or
 3377  area is consistent with and will implement and further the
 3378  policies and objectives set forth in applicable state laws,
 3379  rules, and regulations governing coastal management, coastal
 3380  construction, comprehensive planning, beach and shore
 3381  preservation, barrier island preservation, coastal zone
 3382  protection, and the Coastal Zone Protection Act of 1985.
 3383  
 3384  The department shall consider reports of the Florida Building
 3385  Commission when evaluating building code enforcement. Any time
 3386  after the department has determined that the criteria referred
 3387  to in this subparagraph do not exist with respect to any county
 3388  or area of the state, it may, after a subsequent public hearing,
 3389  declare that such county or area is no longer eligible for
 3390  windstorm coverage through the plan.
 3391         (d) For the purpose of evaluating whether the criteria of
 3392  paragraph (c) are met, such criteria shall be applied as the
 3393  situation would exist if policies had not been written by the
 3394  Florida Residential Property and Casualty Joint Underwriting
 3395  Association and property insurance for such policyholders was
 3396  not available.
 3397         (e)1. Notwithstanding the provisions of subparagraph (c)2.
 3398  or paragraph (d), eligibility shall not be extended to any area
 3399  that was not eligible on March 1, 1997, except that the
 3400  department may act with respect to any petition on which a
 3401  hearing was held prior to May 9, 1997.
 3402         2. Notwithstanding the provisions of subparagraph 1., the
 3403  following area is eligible for coverage under this subsection
 3404  effective July 1, 2002: the area within Port Canaveral which is
 3405  bordered on the south by the City of Cape Canaveral, bordered on
 3406  the west by the Banana River, and bordered on the north by
 3407  United States Government property.
 3408         (f) As used in this subsection, the term “department” means
 3409  the former Department of Insurance.
 3410         Reviser's note.—Section 13, ch. 2008-66, Laws of
 3411         Florida, amended subsection (2) without publishing
 3412         paragraphs (a) and (c)-(f). Absent affirmative
 3413         evidence of legislative intent to repeal the omitted
 3414         paragraphs, subsection (2) is reenacted to confirm the
 3415         omission was not intended.
 3416         Section 85. Section 627.35193, Florida Statutes, is amended
 3417  to read:
 3418         627.35193 Consumer reporting agency request for claims data
 3419  from Citizens Property Insurance Corporation.—Upon the request
 3420  of a consumer reporting agency, as defined by the federal Fair
 3421  Credit Reporting Act, 15 U.S.C. ss. 1681 et seq., which consumer
 3422  reporting agency is in on compliance with the confidentiality
 3423  requirements of such act, the Citizens Property Insurance
 3424  Corporation shall electronically report claims data and
 3425  histories to such consumer reporting agency which maintains a
 3426  database of similar data for use in connection with the
 3427  underwriting of insurance involving a consumer.
 3428         Reviser's note.—Amended to confirm the editorial
 3429         substitution of the word “in” for the word “on” to
 3430         correct a typographical error.
 3431         Section 86. Paragraph (a) of subsection (5) of section
 3432  627.736, Florida Statutes, is amended to read:
 3433         627.736 Required personal injury protection benefits;
 3434  exclusions; priority; claims.—
 3435         (5) CHARGES FOR TREATMENT OF INJURED PERSONS.—
 3436         (a)1. Any physician, hospital, clinic, or other person or
 3437  institution lawfully rendering treatment to an injured person
 3438  for a bodily injury covered by personal injury protection
 3439  insurance may charge the insurer and injured party only a
 3440  reasonable amount pursuant to this section for the services and
 3441  supplies rendered, and the insurer providing such coverage may
 3442  pay for such charges directly to such person or institution
 3443  lawfully rendering such treatment, if the insured receiving such
 3444  treatment or his or her guardian has countersigned the properly
 3445  completed invoice, bill, or claim form approved by the office
 3446  upon which such charges are to be paid for as having actually
 3447  been rendered, to the best knowledge of the insured or his or
 3448  her guardian. In no event, however, may such a charge be in
 3449  excess of the amount the person or institution customarily
 3450  charges for like services or supplies. With respect to a
 3451  determination of whether a charge for a particular service,
 3452  treatment, or otherwise is reasonable, consideration may be
 3453  given to evidence of usual and customary charges and payments
 3454  accepted by the provider involved in the dispute, and
 3455  reimbursement levels in the community and various federal and
 3456  state medical fee schedules applicable to automobile and other
 3457  insurance coverages, and other information relevant to the
 3458  reasonableness of the reimbursement for the service, treatment,
 3459  or supply.
 3460         2. The insurer may limit reimbursement to 80 percent of the
 3461  following schedule of maximum charges:
 3462         a. For emergency transport and treatment by providers
 3463  licensed under chapter 401, 200 percent of Medicare.
 3464         b. For emergency services and care provided by a hospital
 3465  licensed under chapter 395, 75 percent of the hospital's usual
 3466  and customary charges.
 3467         c. For emergency services and care as defined by s.
 3468  395.002(9) provided in a facility licensed under chapter 395
 3469  rendered by a physician or dentist, and related hospital
 3470  inpatient services rendered by a physician or dentist, the usual
 3471  and customary charges in the community.
 3472         d. For hospital inpatient services, other than emergency
 3473  services and care, 200 percent of the Medicare Part A
 3474  prospective payment applicable to the specific hospital
 3475  providing the inpatient services.
 3476         e. For hospital outpatient services, other than emergency
 3477  services and care, 200 percent of the Medicare Part A Ambulatory
 3478  Payment Classification for the specific hospital providing the
 3479  outpatient services.
 3480         f. For all other medical services, supplies, and care, 200
 3481  percent of the allowable amount under the participating
 3482  physicians schedule of Medicare Part B. However, if such
 3483  services, supplies, or care is not reimbursable under Medicare
 3484  Part B, the insurer may limit reimbursement to 80 percent of the
 3485  maximum reimbursable allowance under workers' compensation, as
 3486  determined under s. 440.13 and rules adopted thereunder which
 3487  are in effect at the time such services, supplies, or care is
 3488  provided. Services, supplies, or care that is not reimbursable
 3489  under Medicare or workers' compensation is not required to be
 3490  reimbursed by the insurer.
 3491         3. For purposes of subparagraph 2., the applicable fee
 3492  schedule or payment limitation under Medicare is the fee
 3493  schedule or payment limitation in effect at the time the
 3494  services, supplies, or care was rendered and for the area in
 3495  which such services were rendered, except that it may not be
 3496  less than the allowable amount under the participating
 3497  physicians schedule of Medicare Part B for 2007 for medical
 3498  services, supplies, and care subject to Medicare Part B.
 3499         4. Subparagraph 2. does not allow the insurer to apply any
 3500  limitation on the number of treatments or other utilization
 3501  limits that apply under Medicare or workers' compensation. An
 3502  insurer that applies the allowable payment limitations of
 3503  subparagraph 2. must reimburse a provider who lawfully provided
 3504  care or treatment under the scope of his or her license,
 3505  regardless of whether such provider would be entitled to
 3506  reimbursement under Medicare due to restrictions or limitations
 3507  on the types or discipline of health care providers who may be
 3508  reimbursed for particular procedures or procedure codes.
 3509         5. If an insurer limits payment as authorized by
 3510  subparagraph 2., the person providing such services, supplies,
 3511  or care may not bill or attempt to collect from the insured any
 3512  amount in excess of such limits, except for amounts that are not
 3513  covered by the insured's personal injury protection coverage due
 3514  to the coinsurance amount or maximum policy limits.
 3515         Reviser's note.—Amended to confirm the editorial
 3516         insertion of the word “of” to improve clarity and
 3517         facilitate correct interpretation.
 3518         Section 87. Paragraph (j) of subsection (11) of section
 3519  718.111, Florida Statutes, is amended to read:
 3520         718.111 The association.—
 3521         (11) INSURANCE.—In order to protect the safety, health, and
 3522  welfare of the people of the State of Florida and to ensure
 3523  consistency in the provision of insurance coverage to
 3524  condominiums and their unit owners, this subsection applies to
 3525  every residential condominium in the state, regardless of the
 3526  date of its declaration of condominium. It is the intent of the
 3527  Legislature to encourage lower or stable insurance premiums for
 3528  associations described in this subsection.
 3529         (j) Any portion of the condominium property required to be
 3530  insured by the association against casualty loss pursuant to
 3531  paragraph (f) which is damaged by casualty shall be
 3532  reconstructed, repaired, or replaced as necessary by the
 3533  association as a common expense. All hazard insurance
 3534  deductibles, uninsured losses, and other damages in excess of
 3535  hazard insurance coverage under the hazard insurance policies
 3536  maintained by the association are a common expense of the
 3537  condominium, except that:
 3538         1. A unit owner is responsible for the costs of repair or
 3539  replacement of any portion of the condominium property not paid
 3540  by insurance proceeds, if such damage is caused by intentional
 3541  conduct, negligence, or failure to comply with the terms of the
 3542  declaration or the rules of the association by a unit owner, the
 3543  members of his or her family, unit occupants, tenants, guests,
 3544  or invitees, without compromise of the subrogation rights of any
 3545  insurer as set forth in paragraph (g).
 3546         2. The provisions of subparagraph 1. regarding the
 3547  financial responsibility of a unit owner for the costs of
 3548  repairing or replacing other portions of the condominium
 3549  property also apply to the costs of repair or replacement of
 3550  personal property of other unit owners or the association, as
 3551  well as other property, whether real or personal, which the unit
 3552  owners are required to insure under paragraph (g).
 3553         3. To the extent the cost of repair or reconstruction for
 3554  which the unit owner is responsible under this paragraph is
 3555  reimbursed to the association by insurance proceeds, and, to the
 3556  extent the association has collected the cost of such repair or
 3557  reconstruction from the unit owner, the association shall
 3558  reimburse the unit owner without the waiver of any rights of
 3559  subrogation.
 3560         4. The association is not obligated to pay for repair or
 3561  reconstruction or repairs of casualty losses as a common expense
 3562  if the casualty losses were known or should have been known to a
 3563  unit owner and were not reported to the association until after
 3564  the insurance claim of the association for that casualty was
 3565  settled or resolved with finality, or denied on the basis that
 3566  it was untimely filed.
 3567         Reviser's note.—Amended to improve clarity and correct
 3568         sentence construction.
 3569         Section 88. Paragraph (o) of subsection (2) of section
 3570  718.112, Florida Statutes, is amended to read:
 3571         718.112 Bylaws.—
 3572         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
 3573  following and, if they do not do so, shall be deemed to include
 3574  the following:
 3575         (o) Director or officer offenses.—A director or officer
 3576  charged with a felony theft or embezzlement offense involving
 3577  the association's funds or property shall be removed from
 3578  office, creating a vacancy in the office to be filled according
 3579  to law. While such director or officer has such criminal charge
 3580  pending, he or she may not be appointed or elected to a position
 3581  as a director or officer. However, should the charges be
 3582  resolved without a finding of guilt, the director or of officer
 3583  shall be reinstated for the remainder of his or her term of
 3584  office, if any.
 3585         Reviser's note.—Amended to confirm the substitution of
 3586         the word “or” for the word “of” by the editors.
 3587         Section 89. Subsection (7) of section 718.113, Florida
 3588  Statutes, is amended to read:
 3589         718.113 Maintenance; limitation upon improvement; display
 3590  of flag; hurricane shutters; display of religious decorations.—
 3591         (7) An association may not refuse the request of a unit
 3592  owner for a reasonable accommodation for the attachment on the
 3593  mantel or frame of the door of the unit owner of a religious
 3594  object not to exceed 3 inches wide, 6 inches high, and 1.5
 3595  inches deep.
 3596         Reviser's note.—Amended to confirm the insertion of
 3597         the word “of” by the editors.
 3598         Section 90. Paragraph (d) of subsection (1) of section
 3599  718.501, Florida Statutes, is amended to read:
 3600         718.501 Authority, responsibility, and duties of Division
 3601  of Florida Condominiums, Timeshares, and Mobile Homes.—
 3602         (1) The Division of Florida Condominiums, Timeshares, and
 3603  Mobile Homes of the Department of Business and Professional
 3604  Regulation, referred to as the “division” in this part, has the
 3605  power to enforce and ensure compliance with the provisions of
 3606  this chapter and rules relating to the development,
 3607  construction, sale, lease, ownership, operation, and management
 3608  of residential condominium units. In performing its duties, the
 3609  division has complete jurisdiction to investigate complaints and
 3610  enforce compliance with the provisions of this chapter with
 3611  respect to associations that are still under developer control
 3612  and complaints against developers involving improper turnover or
 3613  failure to turnover, pursuant to s. 718.301. However, after
 3614  turnover has occurred, the division shall only have jurisdiction
 3615  to investigate complaints related to financial issues,
 3616  elections, and unit owner access to association records pursuant
 3617  to s. 718.111(12).
 3618         (d) Notwithstanding any remedies available to unit owners
 3619  and associations, if the division has reasonable cause to
 3620  believe that a violation of any provision of this chapter or
 3621  related rule has occurred, the division may institute
 3622  enforcement proceedings in its own name against any developer,
 3623  association, officer, or member of the board of administration,
 3624  or its assignees or agents, as follows:
 3625         1. The division may permit a person whose conduct or
 3626  actions may be under investigation to waive formal proceedings
 3627  and enter into a consent proceeding whereby orders, rules, or
 3628  letters of censure or warning, whether formal or informal, may
 3629  be entered against the person.
 3630         2. The division may issue an order requiring the developer,
 3631  association, developer-designated officer, or developer
 3632  designated member of the board of administration, developer
 3633  designated assignees or agents, community association manager,
 3634  or community association management firm to cease and desist
 3635  from the unlawful practice and take such affirmative action as
 3636  in the judgment of the division will carry out the purposes of
 3637  this chapter. If the division finds that a developer,
 3638  association, officer, or member of the board of administration,
 3639  or its assignees or agents, is violating or is about to violate
 3640  any provision of this chapter, any rule adopted or order issued
 3641  by the division, or any written agreement entered into with the
 3642  division, and presents an immediate danger to the public
 3643  requiring an immediate final order, it may issue an emergency
 3644  cease and desist order reciting with particularity the facts
 3645  underlying such findings. The emergency cease and desist order
 3646  is effective for 90 days. If the division begins nonemergency
 3647  cease and desist proceedings, the emergency cease and desist
 3648  order remains effective until the conclusion of the proceedings
 3649  under ss. 120.569 and 120.57.
 3650         3. If a developer fails to pay any restitution determined
 3651  by the division to be owed, plus any accrued interest at the
 3652  highest rate permitted by law, within 30 days after expiration
 3653  of any appellate time period of a final order requiring payment
 3654  of restitution or the conclusion of any appeal thereof,
 3655  whichever is later, the division shall bring an action in
 3656  circuit or county court on behalf of any association, class of
 3657  unit owners, lessees, or purchasers for restitution, declaratory
 3658  relief, injunctive relief, or any other available remedy. The
 3659  division may also temporarily revoke its acceptance of the
 3660  filing for the developer to which the restitution relates until
 3661  payment of restitution is made.
 3662         4. The division may petition the court for the appointment
 3663  of a receiver or conservator. If appointed, the receiver or
 3664  conservator may take action to implement the court order to
 3665  ensure the performance of the order and to remedy any breach
 3666  thereof. In addition to all other means provided by law for the
 3667  enforcement of an injunction or temporary restraining order, the
 3668  circuit court may impound or sequester the property of a party
 3669  defendant, including books, papers, documents, and related
 3670  records, and allow the examination and use of the property by
 3671  the division and a court-appointed receiver or conservator.
 3672         5. The division may apply to the circuit court for an order
 3673  of restitution whereby the defendant in an action brought
 3674  pursuant to subparagraph 4. shall be ordered to make restitution
 3675  of those sums shown by the division to have been obtained by the
 3676  defendant in violation of this chapter. Such restitution shall,
 3677  at the option of the court, be payable to the conservator or
 3678  receiver appointed pursuant to subparagraph 4. or directly to
 3679  the persons whose funds or assets were obtained in violation of
 3680  this chapter.
 3681         6. The division may impose a civil penalty against a
 3682  developer or association, or its assignee or agent, for any
 3683  violation of this chapter or a rule adopted under this chapter.
 3684  The division may impose a civil penalty individually against any
 3685  officer or board member who willfully and knowingly violates a
 3686  provision of this chapter, adopted rule, or a final order of the
 3687  division; may order the removal of such individual as an officer
 3688  or from the board of administration or as an officer of the
 3689  association; and may prohibit such individual from serving as an
 3690  officer or on the board of a community association for a period
 3691  of time. The term “willfully and knowingly” means that the
 3692  division informed the officer or board member that his or her
 3693  action or intended action violates this chapter, a rule adopted
 3694  under this chapter, or a final order of the division and that
 3695  the officer or board member refused to comply with the
 3696  requirements of this chapter, a rule adopted under this chapter,
 3697  or a final order of the division. The division, prior to
 3698  initiating formal agency action under chapter 120, shall afford
 3699  the officer or board member an opportunity to voluntarily comply
 3700  with this chapter, a rule adopted under this chapter, or a final
 3701  order of the division. An officer or board member who complies
 3702  within 10 days is not subject to a civil penalty. A penalty may
 3703  be imposed on the basis of each day of continuing violation, but
 3704  in no event shall the penalty for any offense exceed $5,000. By
 3705  January 1, 1998, the division shall adopt, by rule, penalty
 3706  guidelines applicable to possible violations or to categories of
 3707  violations of this chapter or rules adopted by the division. The
 3708  guidelines must specify a meaningful range of civil penalties
 3709  for each such violation of the statute and rules and must be
 3710  based upon the harm caused by the violation, the repetition of
 3711  the violation, and upon such other factors deemed relevant by
 3712  the division. For example, the division may consider whether the
 3713  violations were committed by a developer or owner-controlled
 3714  association, the size of the association, and other factors. The
 3715  guidelines must designate the possible mitigating or aggravating
 3716  circumstances that justify a departure from the range of
 3717  penalties provided by the rules. It is the legislative intent
 3718  that minor violations be distinguished from those which endanger
 3719  the health, safety, or welfare of the condominium residents or
 3720  other persons and that such guidelines provide reasonable and
 3721  meaningful notice to the public of likely penalties that may be
 3722  imposed for proscribed conduct. This subsection does not limit
 3723  the ability of the division to informally dispose of
 3724  administrative actions or complaints by stipulation, agreed
 3725  settlement, or consent order. All amounts collected shall be
 3726  deposited with the Chief Financial Officer to the credit of the
 3727  Division of Florida Condominiums, Timeshares, and Mobile Homes
 3728  Trust Fund. If a developer fails to pay the civil penalty and
 3729  the amount deemed to be owed to the association, the division
 3730  shall issue an order directing that such developer cease and
 3731  desist from further operation until such time as the civil
 3732  penalty is paid or may pursue enforcement of the penalty in a
 3733  court of competent jurisdiction. If an association fails to pay
 3734  the civil penalty, the division shall pursue enforcement in a
 3735  court of competent jurisdiction, and the order imposing the
 3736  civil penalty or the cease and desist order will not become
 3737  effective until 20 days after the date of such order. Any action
 3738  commenced by the division shall be brought in the county in
 3739  which the division has its executive offices or in the county
 3740  where the violation occurred.
 3741         7. If a unit owner presents the division with proof that
 3742  the unit owner has requested access to official records in
 3743  writing by certified mail, and that after 10 days the unit owner
 3744  again made the same request for access to official records in
 3745  writing by certified mail, and that more than 10 days has
 3746  elapsed since the second request and the association has still
 3747  failed or refused to provide access to official records as
 3748  required by this chapter, the division shall issue a subpoena
 3749  requiring production of the requested records where the records
 3750  are kept pursuant to s. 718.112.
 3751         8. In addition to subparagraph 6., the division may seek
 3752  the imposition of a civil penalty through the circuit court for
 3753  any violation for which the division may issue a notice to show
 3754  cause under paragraph (r) (q). The civil penalty shall be at
 3755  least $500 but no more than $5,000 for each violation. The court
 3756  may also award to the prevailing party court costs and
 3757  reasonable attorney's fees and, if the division prevails, may
 3758  also award reasonable costs of investigation.
 3759         Reviser's note.—Amended to confirm the substitution of
 3760         a reference to “paragraph (r)” for a reference to
 3761         “paragraph (q)” by the editors to conform to the
 3762         compilation of the 2008 Florida Statutes.
 3763         Section 91. Paragraph (a) of subsection (2) of section
 3764  718.503, Florida Statutes, is amended to read:
 3765         718.503 Developer disclosure prior to sale; nondeveloper
 3766  unit owner disclosure prior to sale; voidability.—
 3767         (2) NONDEVELOPER DISCLOSURE.—
 3768         (a) Each unit owner who is not a developer as defined by
 3769  this chapter shall comply with the provisions of this subsection
 3770  prior to the sale of his or her unit. Each prospective purchaser
 3771  who has entered into a contract for the purchase of a
 3772  condominium unit is entitled, at the seller's expense, to a
 3773  current copy of the declaration of condominium, articles of
 3774  incorporation of the association, bylaws and rules of the
 3775  association, financial information required by s. 718.111, and
 3776  the document entitled “Frequently Asked Questions and Answers”
 3777  required by s. 718.504. On and after January 1, 2009, the
 3778  prospective purchaser shall also be entitled to receive from the
 3779  seller a copy of a governance form. Such form shall be provided
 3780  by the division summarizing governance of condominium
 3781  associations. In addition to such other information as the
 3782  division considers helpful to a prospective purchaser in
 3783  understanding association governance, the governance form shall
 3784  address the following subjects:
 3785         1. The role of the board in conducting the day-to-day
 3786  affairs of the association on behalf of, and in the best
 3787  interests of, the owners.
 3788         2. The board's responsibility to provide advance notice of
 3789  board and membership meetings.
 3790         3. The rights of owners to attend and speak at board and
 3791  membership meetings.
 3792         4. The responsibility of the board and of owners with
 3793  respect to maintenance of the condominium property.
 3794         5. The responsibility of the board and owners to abide by
 3795  the condominium documents, this chapter, rules adopted by the
 3796  division, and reasonable rules adopted by the board.
 3797         6. Owners' rights to inspect and copy association records
 3798  and the limitations on such rights.
 3799         7. Remedies available to owners with respect to actions by
 3800  the board which may be abusive or beyond the board's power and
 3801  authority.
 3802         8. The right of the board to hire a property management
 3803  firm, subject to its own primary responsibility for such
 3804  management.
 3805         9. The responsibility of owners with regard to payment of
 3806  regular or special assessments necessary for the operation of
 3807  the property and the potential consequences of failure to pay
 3808  such assessments.
 3809         10. The voting rights of owners.
 3810         11. Rights and obligations of the board in enforcement of
 3811  rules in the condominium documents and rules adopted by the
 3812  board.
 3813  
 3814  The governance form shall also include the following statement
 3815  in conspicuous type: “This publication is intended as an
 3816  informal educational overview of condominium governance. In the
 3817  event of a conflict, the provisions of chapter 718, Florida
 3818  Statutes, rules adopted by the Division of Florida Land Sales,
 3819  Condominiums, Timeshares, and Mobile Homes of the Department of
 3820  Business and Professional Regulation, the provisions of the
 3821  condominium documents, and reasonable rules adopted by the
 3822  condominium association's board of administration prevail over
 3823  the contents of this publication.”
 3824         Reviser's note.—Amended to confirm the redesignation
 3825         of the Division of Florida Land Sales, Condominiums,
 3826         and Mobile Homes as the Division of Florida
 3827         Condominiums, Timeshares, and Mobile Homes by s. 8,
 3828         ch. 2008-240, Laws of Florida.
 3829         Section 92. Subsection (1) of section 828.25, Florida
 3830  Statutes, is amended to read:
 3831         828.25 Administration; rules; inspection; fees.—
 3832         (1) The department shall administer the provisions of ss.
 3833  828.22-828.26. It shall adopt and may from time to time revise
 3834  rules, which rules must conform substantially to and must not be
 3835  less restrictive than the rules and regulations promulgated by
 3836  the Secretary of Agriculture of the United States pursuant to
 3837  the federal Humane Methods of Slaughter Act of 1958, Pub. L. No.
 3838  85-765, 72 Stat. 862, and any amendments thereto.
 3839         Reviser's note.—Amended to conform to the correct name
 3840         of the federal Humane Methods of Slaughter Act of
 3841         1958.
 3842         Section 93. Paragraph (c) of subsection (1) of section
 3843  937.021, Florida Statutes, is amended to read:
 3844         937.021 Missing child and missing adult reports.—
 3845         (1) Law enforcement agencies in this state shall adopt
 3846  written policies that specify the procedures to be used to
 3847  investigate reports of missing children and missing adults. The
 3848  policies must ensure that cases involving missing children and
 3849  adults are investigated promptly using appropriate resources.
 3850  The policies must include:
 3851         (c) Standards for maintaining and clearing computer data of
 3852  information concerning a missing child or and missing adult
 3853  which is stored in the Florida Crime Information Center and the
 3854  National Crime Information Center. The standards must require,
 3855  at a minimum, a monthly review of each case and a determination
 3856  of whether the case should be maintained in the database.
 3857         Reviser's note.—Amended to substitute the word “or”
 3858         for the word “and” to conform to usage in the
 3859         remainder of the section.
 3860         Section 94. Section 1000.36, Florida Statutes, is amended
 3861  to read:
 3862         1000.36 Interstate Compact on Educational Opportunity for
 3863  Military Children.—The Governor is authorized and directed to
 3864  execute the Interstate Compact on Educational Opportunity for
 3865  Military Children on behalf of this state with any other state
 3866  or states legally joining therein in the form substantially as
 3867  follows:
 3868                  Interstate Compact on Educational                
 3869                  Opportunity for Military Children                
 3870  
 3871                              ARTICLE I                            
 3872  
 3873         PURPOSE.—It is the purpose of this compact to remove
 3874  barriers to educational success imposed on children of military
 3875  families because of frequent moves and deployment of their
 3876  parents by:
 3877         A. Facilitating the timely enrollment of children of
 3878  military families and ensuring that they are not placed at a
 3879  disadvantage due to difficulty in the transfer of education
 3880  records from the previous school district or variations in
 3881  entrance or age requirements.
 3882         B. Facilitating the student placement process through which
 3883  children of military families are not disadvantaged by
 3884  variations in attendance requirements, scheduling, sequencing,
 3885  grading, course content, or assessment.
 3886         C. Facilitating the qualification and eligibility for
 3887  enrollment, educational programs, and participation in
 3888  extracurricular academic, athletic, and social activities.
 3889         D. Facilitating the on-time graduation of children of
 3890  military families.
 3891         E. Providing for the adoption and enforcement of
 3892  administrative rules implementing this compact.
 3893         F. Providing for the uniform collection and sharing of
 3894  information between and among member states, schools, and
 3895  military families under this compact.
 3896         G. Promoting coordination between this compact and other
 3897  compacts affecting military children.
 3898         H. Promoting flexibility and cooperation between the
 3899  educational system, parents, and the student in order to achieve
 3900  educational success for the student.
 3901  
 3902                             ARTICLE II                            
 3903  
 3904         DEFINITIONS.—As used in this compact, unless the context
 3905  clearly requires a different construction, the term:
 3906         A. “Active duty” means the full-time duty status in the
 3907  active uniformed service of the United States, including members
 3908  of the National Guard and Reserve on active duty orders pursuant
 3909  to 10 U.S.C. ss. 1209 and 1211.
 3910         B. “Children of military families” means school-aged
 3911  children, enrolled in kindergarten through 12th grade, in the
 3912  household of an active-duty member.
 3913         C. “Compact commissioner” means the voting representative
 3914  of each compacting state appointed under Article VIII of this
 3915  compact.
 3916         D. “Deployment” means the period 1 month before the service
 3917  members' departure from their home station on military orders
 3918  through 6 months after return to their home station.
 3919         E. “Educational records” or “education records” means those
 3920  official records, files, and data directly related to a student
 3921  and maintained by the school or local education agency,
 3922  including, but not limited to, records encompassing all the
 3923  material kept in the student's cumulative folder such as general
 3924  identifying data, records of attendance and of academic work
 3925  completed, records of achievement and results of evaluative
 3926  tests, health data, disciplinary status, test protocols, and
 3927  individualized education programs.
 3928         F. “Extracurricular activities” means a voluntary activity
 3929  sponsored by the school or local education agency or an
 3930  organization sanctioned by the local education agency.
 3931  Extracurricular activities include, but are not limited to,
 3932  preparation for and involvement in public performances,
 3933  contests, athletic competitions, demonstrations, displays, and
 3934  club activities.
 3935         G. “Interstate Commission on Educational Opportunity for
 3936  Military Children” means the commission that is created under
 3937  Article IX of this compact, which is generally referred to as
 3938  the Interstate Commission.
 3939         H. “Local education agency” means a public authority
 3940  legally constituted by the state as an administrative agency to
 3941  provide control of, and direction for, kindergarten through 12th
 3942  grade public educational institutions.
 3943         I. “Member state” means a state that has enacted this
 3944  compact.
 3945         J. “Military installation” means a base, camp, post,
 3946  station, yard, center, homeport facility for any ship, or other
 3947  activity under the jurisdiction of the Department of Defense,
 3948  including any leased facility, which is located within any of
 3949  the several states, the District of Columbia, the Commonwealth
 3950  of Puerto Rico, the United States Virgin Islands, Guam, American
 3951  Samoa, the Northern Marianas Islands, and any other United
 3952  States Territory. The term does not include any facility used
 3953  primarily for civil works, rivers and harbors projects, or flood
 3954  control projects.
 3955         K. “Nonmember state” means a state that has not enacted
 3956  this compact.
 3957         L. “Receiving state” means the state to which a child of a
 3958  military family is sent, brought, or caused to be sent or
 3959  brought.
 3960         M. “Rule” means a written statement by the Interstate
 3961  Commission adopted under Article XII of this compact which is of
 3962  general applicability, implements, interprets, or prescribes a
 3963  policy or provision of the compact, or an organizational,
 3964  procedural, or practice requirement of the Interstate
 3965  Commission, and has the force and effect of statutory law in a
 3966  member state, and includes the amendment, repeal, or suspension
 3967  of an existing rule.
 3968         N. “Sending state” means the state from which a child of a
 3969  military family is sent, brought, or caused to be sent or
 3970  brought.
 3971         O. “State” means a state of the United States, the District
 3972  of Columbia, the Commonwealth of Puerto Rico, the United States
 3973  Virgin Islands, Guam, American Samoa, the Northern Marianas
 3974  Islands, and any other United States Territory.
 3975         P. “Student” means the child of a military family for whom
 3976  the local education agency receives public funding and who is
 3977  formally enrolled in kindergarten through 12th grade.
 3978         Q. “Transition” means:
 3979         1. The formal and physical process of transferring from
 3980  school to school; or
 3981         2. The period of time in which a student moves from one
 3982  school in the sending state to another school in the receiving
 3983  state.
 3984         R. “Uniformed services” means the Army, Navy, Air Force,
 3985  Marine Corps, Coast Guard as well as the Commissioned Corps of
 3986  the National Oceanic and Atmospheric Administration, and Public
 3987  Health Services.
 3988         S. “Veteran” means a person who served in the uniformed
 3989  services and who was discharged or released therefrom under
 3990  conditions other than dishonorable.
 3991  
 3992                             ARTICLE III                           
 3993  
 3994         APPLICABILITY.—
 3995         A. Except as otherwise provided in Section C, this compact
 3996  applies to the children of:
 3997         1. Active duty members of the uniformed services, including
 3998  members of the National Guard and Reserve on active-duty orders
 3999  pursuant to 10 U.S.C. ss. 1209 and 1211;
 4000         2. Members or veterans of the uniformed services who are
 4001  severely injured and medically discharged or retired for a
 4002  period of 1 year after medical discharge or retirement; and
 4003         3. Members of the uniformed services who die on active duty
 4004  or as a result of injuries sustained on active duty for a period
 4005  of 1 year after death.
 4006         B. This interstate compact applies to local education
 4007  agencies.
 4008         C. This compact does not apply to the children of:
 4009         1. Inactive members of the National Guard and military
 4010  reserves;
 4011         2. Members of the uniformed services now retired, except as
 4012  provided in Section A;
 4013         3. Veterans of the uniformed services, except as provided
 4014  in Section A; and
 4015         4. Other United States Department of Defense personnel and
 4016  other federal agency civilian and contract employees not defined
 4017  as active-duty members of the uniformed services.
 4018  
 4019                             ARTICLE IV                            
 4020  
 4021         EDUCATIONAL RECORDS AND ENROLLMENT.—
 4022         A. If a child's official education records cannot be
 4023  released to the parents for the purpose of transfer, the
 4024  custodian of the records in the sending state shall prepare and
 4025  furnish to the parent a complete set of unofficial educational
 4026  records containing uniform information as determined by the
 4027  Interstate Commission. Upon receipt of the unofficial education
 4028  records by a school in the receiving state, that school shall
 4029  enroll and appropriately place the student based on the
 4030  information provided in the unofficial records pending
 4031  validation by the official records, as quickly as possible.
 4032         B. Simultaneous with the enrollment and conditional
 4033  placement of the student, the school in the receiving state
 4034  shall request the student's official education record from the
 4035  school in the sending state. Upon receipt of the request, the
 4036  school in the sending state shall process and furnish the
 4037  official education records to the school in the receiving state
 4038  within 10 days or within such time as is reasonably determined
 4039  under the rules adopted by the Interstate Commission.
 4040         C. Compact states must give 30 days from the date of
 4041  enrollment or within such time as is reasonably determined under
 4042  the rules adopted by the Interstate Commission for students to
 4043  obtain any immunization required by the receiving state. For a
 4044  series of immunizations, initial vaccinations must be obtained
 4045  within 30 days or within such time as is reasonably determined
 4046  under the rules promulgated by the Interstate Commission.
 4047         D. Students shall be allowed to continue their enrollment
 4048  at grade level in the receiving state commensurate with their
 4049  grade level, including kindergarten, from a local education
 4050  agency in the sending state at the time of transition,
 4051  regardless of age. A student who has satisfactorily completed
 4052  the prerequisite grade level in the local education agency in
 4053  the sending state is eligible for enrollment in the next highest
 4054  grade level in the receiving state, regardless of age. A student
 4055  transferring after the start of the school year in the receiving
 4056  state shall enter the school in the receiving state on their
 4057  validated level from an accredited school in the sending state.
 4058  
 4059                              ARTICLE V                            
 4060  
 4061         PLACEMENT AND ATTENDANCE.—
 4062         A. If a student transfers before or during the school year,
 4063  the receiving state school shall initially honor placement of
 4064  the student in educational courses based on the student's
 4065  enrollment in the sending state school or educational
 4066  assessments conducted at the school in the sending state if the
 4067  courses are offered. Course placement includes, but is not
 4068  limited to, Honors, International Baccalaureate, Advanced
 4069  Placement, vocational, technical, and career pathways courses.
 4070  Continuing the student's academic program from the previous
 4071  school and promoting placement in academically and career
 4072  challenging courses should be paramount when considering
 4073  placement. A school in the receiving state is not precluded from
 4074  performing subsequent evaluations to ensure appropriate
 4075  placement and continued enrollment of the student in the
 4076  courses.
 4077         B. The receiving state school must initially honor
 4078  placement of the student in educational programs based on
 4079  current educational assessments conducted at the school in the
 4080  sending state or participation or placement in like programs in
 4081  the sending state. Such programs include, but are not limited
 4082  to:
 4083         1. Gifted and talented programs; and
 4084         2. English as a second language (ESL).
 4085  
 4086  A school in the receiving state is not precluded from performing
 4087  subsequent evaluations to ensure appropriate placement and
 4088  continued enrollment of the student in the courses.
 4089         C. A receiving state must initially provide comparable
 4090  services to a student with disabilities based on his or her
 4091  current individualized education program (IEP) in compliance
 4092  with the requirements of the Individuals with Disabilities
 4093  Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
 4094  state must make reasonable accommodations and modifications to
 4095  address the needs of incoming students with disabilities,
 4096  subject to an existing section 504 or title II plan, to provide
 4097  the student with equal access to education, in compliance with
 4098  the provisions of Section 504 of the Rehabilitation Act, 29
 4099  U.S.C.A. s. 794, and with title II of the Americans with
 4100  Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
 4101  receiving state is not precluded from performing subsequent
 4102  evaluations to ensure appropriate placement and continued
 4103  enrollment of the student in the courses.
 4104         D. Local education agency administrative officials may
 4105  waive course or program prerequisites, or other preconditions
 4106  for placement in courses or programs offered under the
 4107  jurisdiction of the local education agency.
 4108         E. A student whose parent or legal guardian is an active
 4109  duty member of the uniformed services and has been called to
 4110  duty for, is on leave from, or immediately returned from
 4111  deployment to, a combat zone or combat support posting shall be
 4112  granted additional excused absences at the discretion of the
 4113  local education agency superintendent to visit with his or her
 4114  parent or legal guardian relative to such leave or deployment of
 4115  the parent or guardian.
 4116  
 4117                             ARTICLE VI                            
 4118  
 4119         ELIGIBILITY.—
 4120         A. When considering the eligibility of a child for
 4121  enrolling in a school:
 4122         1. A special power of attorney relative to the guardianship
 4123  of a child of a military family and executed under applicable
 4124  law is sufficient for the purposes of enrolling the child in
 4125  school and for all other actions requiring parental
 4126  participation and consent.
 4127         2. A local education agency is prohibited from charging
 4128  local tuition to a transitioning military child placed in the
 4129  care of a noncustodial parent or other person standing in loco
 4130  parentis who lives in a school's jurisdiction different from
 4131  that of the custodial parent.
 4132         3. A transitioning military child, placed in the care of a
 4133  noncustodial parent or other person standing in loco parentis
 4134  who lives in a school's jurisdiction different from that of the
 4135  custodial parent, may continue to attend the school in which he
 4136  or she was enrolled while residing with the custodial parent.
 4137         B. State and local education agencies must facilitate the
 4138  opportunity for transitioning military children's inclusion in
 4139  extracurricular activities, regardless of application deadlines,
 4140  to the extent they are otherwise qualified.
 4141  
 4142                             ARTICLE VII                           
 4143  
 4144         GRADUATION.—In order to facilitate the on-time graduation
 4145  of children of military families, states and local education
 4146  agencies shall incorporate the following procedures:
 4147         A. Local education agency administrative officials shall
 4148  waive specific courses required for graduation if similar
 4149  coursework has been satisfactorily completed in another local
 4150  education agency or shall provide reasonable justification for
 4151  denial. If a waiver is not granted to a student who would
 4152  qualify to graduate from the sending school, the local education
 4153  agency must provide an alternative means of acquiring required
 4154  coursework so that graduation may occur on time.
 4155         B. States shall accept exit or end-of-course exams required
 4156  for graduation from the sending state; national norm-referenced
 4157  achievement tests; or alternative testing, in lieu of testing
 4158  requirements for graduation in the receiving state. If these
 4159  alternatives cannot be accommodated by the receiving state for a
 4160  student transferring in his or her senior year, then the
 4161  provisions of Article VII, Section C shall apply.
 4162         C. If a military student transfers at the beginning of or
 4163  during his or her senior year and is not eligible to graduate
 4164  from the receiving local education agency after all alternatives
 4165  have been considered, the sending and receiving local education
 4166  agencies must ensure the receipt of a diploma from the sending
 4167  local education agency, if the student meets the graduation
 4168  requirements of the sending local education agency. If one of
 4169  the states in question is not a member of this compact, the
 4170  member state shall use its best efforts to facilitate the on
 4171  time graduation of the student in accordance with Sections A and
 4172  B of this Article.
 4173  
 4174                            ARTICLE VIII                           
 4175  
 4176         STATE COORDINATION.—Each member state shall, through the
 4177  creation of a state council or use of an existing body or board,
 4178  provide for the coordination among its agencies of government,
 4179  local education agencies, and military installations concerning
 4180  the state's participation in, and compliance with, this compact
 4181  and Interstate Commission activities.
 4182         A. Each member state may determine the membership of its
 4183  own state council, but the membership must include at least: the
 4184  state superintendent of education, the superintendent of a
 4185  school district that has a high concentration of military
 4186  children, a representative from a military installation, one
 4187  representative each from the legislative and executive branches
 4188  of government, and other offices and stakeholder groups the
 4189  state council deems appropriate. A member state that does not
 4190  have a school district deemed to contain a high concentration of
 4191  military children may appoint a superintendent from another
 4192  school district to represent local education agencies on the
 4193  state council.
 4194         B. The state council of each member state shall appoint or
 4195  designate a military family education liaison to assist military
 4196  families and the state in facilitating the implementation of
 4197  this compact.
 4198         C. The compact commissioner responsible for the
 4199  administration and management of the state's participation in
 4200  the compact shall be appointed by the Governor or as otherwise
 4201  determined by each member state.
 4202         D. The compact commissioner and the military family
 4203  education liaison shall be ex officio members of the state
 4204  council, unless either is already a full voting member of the
 4205  state council.
 4206  
 4207                             ARTICLE IX                            
 4208  
 4209         INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
 4210  MILITARY CHILDREN.—The member states hereby create the
 4211  “Interstate Commission on Educational Opportunity for Military
 4212  Children.” The activities of the Interstate Commission are the
 4213  formation of public policy and are a discretionary state
 4214  function. The Interstate Commission shall:
 4215         A. Be a body corporate and joint agency of the member
 4216  states and shall have all the responsibilities, powers, and
 4217  duties set forth herein, and such additional powers as may be
 4218  conferred upon it by a subsequent concurrent action of the
 4219  respective legislatures of the member states in accordance with
 4220  the terms of this compact.
 4221         B. Consist of one Interstate Commission voting
 4222  representative from each member state who shall be that state's
 4223  compact commissioner.
 4224         1. Each member state represented at a meeting of the
 4225  Interstate Commission is entitled to one vote.
 4226         2. A majority of the total member states shall constitute a
 4227  quorum for the transaction of business, unless a larger quorum
 4228  is required by the bylaws of the Interstate Commission.
 4229         3. A representative shall not delegate a vote to another
 4230  member state. In the event the compact commissioner is unable to
 4231  attend a meeting of the Interstate Commission, the Governor or
 4232  state council may delegate voting authority to another person
 4233  from their state for a specified meeting.
 4234         4. The bylaws may provide for meetings of the Interstate
 4235  Commission to be conducted by telecommunication or electronic
 4236  communication.
 4237         C. Consist of ex officio, nonvoting representatives who are
 4238  members of interested organizations. The ex officio members, as
 4239  defined in the bylaws, may include, but not be limited to,
 4240  members of the representative organizations of military family
 4241  advocates, local education agency officials, parent and teacher
 4242  groups, the United States Department of Defense, the Education
 4243  Commission of the States, the Interstate Agreement on the
 4244  Qualification of Educational Personnel, and other interstate
 4245  compacts affecting the education of children of military
 4246  members.
 4247         D. Meet at least once each calendar year. The chairperson
 4248  may call additional meetings and, upon the request of a simple
 4249  majority of the member states, shall call additional meetings.
 4250         E. Establish an executive committee, whose members shall
 4251  include the officers of the Interstate Commission and such other
 4252  members of the Interstate Commission as determined by the
 4253  bylaws. Members of the executive committee shall serve a 1-year
 4254  term. Members of the executive committee are entitled to one
 4255  vote each. The executive committee shall have the power to act
 4256  on behalf of the Interstate Commission, with the exception of
 4257  rulemaking, during periods when the Interstate Commission is not
 4258  in session. The executive committee shall oversee the day-to-day
 4259  activities of the administration of the compact, including
 4260  enforcement and compliance with the compact, its bylaws and
 4261  rules, and other such duties as deemed necessary. The United
 4262  States Department of Defense shall serve as an ex officio,
 4263  nonvoting member of the executive committee.
 4264         F. Establish bylaws and rules that provide for conditions
 4265  and procedures under which the Interstate Commission shall make
 4266  its information and official records available to the public for
 4267  inspection or copying. The Interstate Commission may exempt from
 4268  disclosure information or official records to the extent they
 4269  would adversely affect personal privacy rights or proprietary
 4270  interests.
 4271         G. Give public notice of all meetings and all meetings
 4272  shall be open to the public, except as set forth in the rules or
 4273  as otherwise provided in the compact. The Interstate Commission
 4274  and its committees may close a meeting, or portion thereof,
 4275  where it determines by two-thirds vote that an open meeting
 4276  would be likely to:
 4277         1. Relate solely to the Interstate Commission's internal
 4278  personnel practices and procedures;
 4279         2. Disclose matters specifically exempted from disclosure
 4280  by federal and state statute;
 4281         3. Disclose trade secrets or commercial or financial
 4282  information which is privileged or confidential;
 4283         4. Involve accusing a person of a crime, or formally
 4284  censuring a person;
 4285         5. Disclose information of a personal nature where
 4286  disclosure would constitute a clearly unwarranted invasion of
 4287  personal privacy;
 4288         6. Disclose investigative records compiled for law
 4289  enforcement purposes; or
 4290         7. Specifically relate to the Interstate Commission's
 4291  participation in a civil action or other legal proceeding.
 4292         H. For a meeting, or portion of a meeting, closed pursuant
 4293  to this provision, the Interstate Commission's legal counsel or
 4294  designee shall certify that the meeting may be closed and shall
 4295  reference each relevant exemptible provision. The Interstate
 4296  Commission shall keep minutes which shall fully and clearly
 4297  describe all matters discussed in a meeting and shall provide a
 4298  full and accurate summary of actions taken, and the reasons
 4299  therefor, including a description of the views expressed and the
 4300  record of a roll call vote. All documents considered in
 4301  connection with an action shall be identified in such minutes.
 4302  All minutes and documents of a closed meeting shall remain under
 4303  seal, subject to release by a majority vote of the Interstate
 4304  Commission.
 4305         I. The Interstate Commission shall collect standardized
 4306  data concerning the educational transition of the children of
 4307  military families under this compact as directed through its
 4308  rules which shall specify the data to be collected, the means of
 4309  collection and data exchange, and reporting requirements. The
 4310  methods of data collection, exchange, and reporting shall,
 4311  insofar as is reasonably possible, conform to current technology
 4312  and coordinate its information functions with the appropriate
 4313  custodian of records as identified in the bylaws and rules.
 4314         J. The Interstate Commission shall create a procedure that
 4315  permits military officials, education officials, and parents to
 4316  inform the Interstate Commission if and when there are alleged
 4317  violations of the compact or its rules or when issues subject to
 4318  the jurisdiction of the compact or its rules are not addressed
 4319  by the state or local education agency. This section does not
 4320  create a private right of action against the Interstate
 4321  Commission or any member state.
 4322  
 4323                              ARTICLE X                            
 4324  
 4325         POWERS AND DUTIES OF THE INTERSTATE COMMISSION.—The
 4326  Interstate Commission has the power to:
 4327         A. Provide for dispute resolution among member states.
 4328         B. Adopt rules and take all necessary actions to effect the
 4329  goals, purposes, and obligations as enumerated in this compact.
 4330  The rules have the force and effect of statutory law and are
 4331  binding in the compact states to the extent and in the manner
 4332  provided in this compact.
 4333         C. Issue, upon request of a member state, advisory opinions
 4334  concerning the meaning or interpretation of the interstate
 4335  compact, its bylaws, rules, and actions.
 4336         D. Enforce compliance with the compact provisions, the
 4337  rules adopted by the Interstate Commission, and the bylaws,
 4338  using all necessary and proper means, including, but not limited
 4339  to, the use of judicial process.
 4340         E. Establish and maintain offices that shall be located
 4341  within one or more of the member states.
 4342         F. Purchase and maintain insurance and bonds.
 4343         G. Borrow, accept, hire, or contract for services of
 4344  personnel.
 4345         H. Establish and appoint committees, including, but not
 4346  limited to, an executive committee as required by Article IX,
 4347  Section E, which shall have the power to act on behalf of the
 4348  Interstate Commission in carrying out its powers and duties
 4349  hereunder.
 4350         I. Elect or appoint such officers, attorneys, employees,
 4351  agents, or consultants, and to fix their compensation, define
 4352  their duties, and determine their qualifications; and to
 4353  establish the Interstate Commission's personnel policies and
 4354  programs relating to conflicts of interest, rates of
 4355  compensation, and qualifications of personnel.
 4356         J. Accept any and all donations and grants of money,
 4357  equipment, supplies, materials, and services, and to receive,
 4358  utilize, and dispose of it.
 4359         K. Lease, purchase, accept contributions or donations of,
 4360  or otherwise to own, hold, improve, or use any property, real,
 4361  personal, or mixed.
 4362         L. Sell, convey, mortgage, pledge, lease, exchange,
 4363  abandon, or otherwise dispose of any property, real, personal,
 4364  or mixed.
 4365         M. Establish a budget and make expenditures.
 4366         N. Adopt a seal and bylaws governing the management and
 4367  operation of the Interstate Commission.
 4368         O. Report annually to the legislatures, governors,
 4369  judiciary, and state councils of the member states concerning
 4370  the activities of the Interstate Commission during the preceding
 4371  year. Such reports shall also include any recommendations that
 4372  may have been adopted by the Interstate Commission.
 4373         P. Coordinate education, training, and public awareness
 4374  regarding the compact, its implementation, and operation for
 4375  officials and parents involved in such activity.
 4376         Q. Establish uniform standards for the reporting,
 4377  collecting, and exchanging of data.
 4378         R. Maintain corporate books and records in accordance with
 4379  the bylaws.
 4380         S. Perform such functions as may be necessary or
 4381  appropriate to achieve the purposes of this compact.
 4382         T. Provide for the uniform collection and sharing of
 4383  information between and among member states, schools, and
 4384  military families under this compact.
 4385  
 4386                             ARTICLE XI                            
 4387  
 4388         ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.—
 4389         A. The Interstate Commission shall, by a majority of the
 4390  members present and voting, within 12 months after the first
 4391  Interstate Commission meeting, adopt bylaws to govern its
 4392  conduct as may be necessary or appropriate to carry out the
 4393  purposes of the compact, including, but not limited to:
 4394         1. Establishing the fiscal year of the Interstate
 4395  Commission;
 4396         2. Establishing an executive committee and such other
 4397  committees as may be necessary;
 4398         3. Providing for the establishment of committees and for
 4399  governing any general or specific delegation of authority or
 4400  function of the Interstate Commission;
 4401         4. Providing reasonable procedures for calling and
 4402  conducting meetings of the Interstate Commission and ensuring
 4403  reasonable notice of each such meeting;
 4404         5. Establishing the titles and responsibilities of the
 4405  officers and staff of the Interstate Commission;
 4406         6. Providing a mechanism for concluding the operations of
 4407  the Interstate Commission and the return of surplus funds that
 4408  may exist upon the termination of the compact after the payment
 4409  and reserving of all of its debts and obligations.
 4410         7. Providing “start up” rules for initial administration of
 4411  the compact.
 4412         B. The Interstate Commission shall, by a majority of the
 4413  members, elect annually from among its members a chairperson, a
 4414  vice chairperson, and a treasurer, each of whom shall have such
 4415  authority and duties as may be specified in the bylaws. The
 4416  chairperson or, in the chairperson's absence or disability, the
 4417  vice chairperson shall preside at all meetings of the Interstate
 4418  Commission. The officers so elected shall serve without
 4419  compensation or remuneration from the Interstate Commission;
 4420  provided that, subject to the availability of budgeted funds,
 4421  the officers shall be reimbursed for ordinary and necessary
 4422  costs and expenses incurred by them in the performance of their
 4423  responsibilities as officers of the Interstate Commission.
 4424         C. The executive committee has the authority and duties as
 4425  may be set forth in the bylaws, including, but not limited to:
 4426         1. Managing the affairs of the Interstate Commission in a
 4427  manner consistent with the bylaws and purposes of the Interstate
 4428  Commission;
 4429         2. Overseeing an organizational structure within, and
 4430  appropriate procedures for, the Interstate Commission to provide
 4431  for the adoption of rules, operating procedures, and
 4432  administrative and technical support functions; and
 4433         3. Planning, implementing, and coordinating communications
 4434  and activities with other state, federal, and local government
 4435  organizations in order to advance the goals of the Interstate
 4436  Commission.
 4437         D. The executive committee may, subject to the approval of
 4438  the Interstate Commission, appoint or retain an executive
 4439  director for such period, upon such terms and conditions and for
 4440  such compensation, as the Interstate Commission may deem
 4441  appropriate. The executive director shall serve as secretary to
 4442  the Interstate Commission but is not a member of the Interstate
 4443  Commission. The executive director shall hire and supervise such
 4444  other persons as may be authorized by the Interstate Commission.
 4445         E. The Interstate Commission's executive director and its
 4446  employees are immune from suit and liability, either personally
 4447  or in their official capacity, for a claim for damage to or loss
 4448  of property or personal injury or other civil liability caused
 4449  or arising out of, or relating to, an actual or alleged act,
 4450  error, or omission that occurred, or that such person had a
 4451  reasonable basis for believing occurred, within the scope of
 4452  Interstate Commission employment, duties, or responsibilities,
 4453  provided that the person is not protected from suit or liability
 4454  for damage, loss, injury, or liability caused by the intentional
 4455  or willful and wanton misconduct of the person.
 4456         1. The liability of the Interstate Commission's executive
 4457  director and employees or Interstate Commission representatives,
 4458  acting within the scope of the person's employment or duties,
 4459  for acts, errors, or omissions occurring within the person's
 4460  state may not exceed the limits of liability set forth under the
 4461  constitution and laws of that state for state officials,
 4462  employees, and agents. The Interstate Commission is considered
 4463  to be an instrumentality of the states for the purposes of any
 4464  such action. This subsection does not protect the person from
 4465  suit or liability for damage, loss, injury, or liability caused
 4466  by the intentional or willful and wanton misconduct of the
 4467  person.
 4468         2. The Interstate Commission shall defend the executive
 4469  director and its employees and, subject to the approval of the
 4470  Attorney General or other appropriate legal counsel of the
 4471  member state represented by an Interstate Commission
 4472  representative, shall defend an Interstate Commission
 4473  representative in any civil action seeking to impose liability
 4474  arising out of an actual or alleged act, error, or omission that
 4475  occurred within the scope of Interstate Commission employment,
 4476  duties, or responsibilities, or that the defendant had a
 4477  reasonable basis for believing occurred within the scope of
 4478  Interstate Commission employment, duties, or responsibilities,
 4479  provided that the actual or alleged act, error, or omission did
 4480  not result from intentional or willful and wanton misconduct on
 4481  the part of the person.
 4482         3. To the extent not covered by the state involved, a
 4483  member state, the Interstate Commission, and the representatives
 4484  or employees of the Interstate Commission shall be held harmless
 4485  in the amount of a settlement or judgment, including attorney's
 4486  fees and costs, obtained against a person arising out of an
 4487  actual or alleged act, error, or omission that occurred within
 4488  the scope of Interstate Commission employment, duties, or
 4489  responsibilities, or that the person had a reasonable basis for
 4490  believing occurred within the scope of Interstate Commission
 4491  employment, duties, or responsibilities, provided that the
 4492  actual or alleged act, error, or omission did not result from
 4493  intentional or willful and wanton misconduct on the part of the
 4494  person.
 4495  
 4496                             ARTICLE XII                           
 4497  
 4498         RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.—The
 4499  Interstate Commission shall adopt rules to effectively and
 4500  efficiently implement this act to achieve the purposes of this
 4501  compact.
 4502         A. If the Interstate Commission exercises its rulemaking
 4503  authority in a manner that is beyond the scope of the purposes
 4504  of this act, or the powers granted hereunder, the action
 4505  undertaken by the Interstate Commission is invalid and has no
 4506  force or effect.
 4507         B. Rules must be adopted pursuant to a rulemaking process
 4508  that substantially conforms to the “Model State Administrative
 4509  Procedure Act,” of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
 4510  1 (2000) as amended, as may be appropriate to the operations of
 4511  the Interstate Commission.
 4512         C. No later than 30 days after a rule is adopted, a person
 4513  may file a petition for judicial review of the rule. The filing
 4514  of the petition does not stay or otherwise prevent the rule from
 4515  becoming effective unless a court finds that the petitioner has
 4516  a substantial likelihood of success on the merits of the
 4517  petition. The court shall give deference to the actions of the
 4518  Interstate Commission consistent with applicable law and shall
 4519  not find the rule to be unlawful if the rule represents a
 4520  reasonable exercise of the Interstate Commission's authority.
 4521         D. If a majority of the legislatures of the compacting
 4522  states rejects a rule by enactment of a statute or resolution in
 4523  the same manner used to adopt the compact, then the rule is
 4524  invalid and has no further force and effect in any compacting
 4525  state.
 4526  
 4527                            ARTICLE XIII                           
 4528  
 4529         OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.—
 4530         A. The executive, legislative, and judicial branches of
 4531  state government in each member state shall enforce this compact
 4532  and shall take all actions necessary and appropriate to
 4533  effectuate the compact's purposes and intent. The provisions of
 4534  this compact and the rules adopted under it have the force and
 4535  effect of statutory law.
 4536         B. All courts shall take judicial notice of the compact and
 4537  its adopted rules in any judicial or administrative proceeding
 4538  in a member state pertaining to the subject matter of this
 4539  compact which may affect the powers, responsibilities, or
 4540  actions of the Interstate Commission.
 4541         C. The Interstate Commission is entitled to receive all
 4542  service of process in any such proceeding, and has standing to
 4543  intervene in the proceeding for all purposes. Failure to provide
 4544  service of process to the Interstate Commission renders a
 4545  judgment or order void as to the Interstate Commission, this
 4546  compact, or its adopted rules.
 4547         D. If the Interstate Commission determines that a member
 4548  state has defaulted in the performance of its obligations or
 4549  responsibilities under this compact, or the bylaws or the
 4550  adopted rules, the Interstate Commission shall:
 4551         1. Provide written notice to the defaulting state and other
 4552  member states of the nature of the default, the means of curing
 4553  the default, and any action taken by the Interstate Commission.
 4554  The Interstate Commission must specify the conditions by which
 4555  the defaulting state must cure its default.
 4556         2. Provide remedial training and specific technical
 4557  assistance regarding the default.
 4558         3. If the defaulting state fails to cure the default,
 4559  terminate the defaulting state from the compact upon an
 4560  affirmative vote of a majority of the member states and all
 4561  rights, privileges, and benefits conferred by this compact shall
 4562  be terminated from the effective date of termination. A cure of
 4563  the default does not relieve the offending state of obligations
 4564  or liabilities incurred during the period of the default.
 4565         E. Suspension or termination of membership in the compact
 4566  may not be imposed on a member until all other means of securing
 4567  compliance have been exhausted. Notice of the intent to suspend
 4568  or terminate membership must be given by the Interstate
 4569  Commission to the Governor, the majority and minority leaders of
 4570  the defaulting state's legislature, and each of the member
 4571  states.
 4572         F. A state that has been suspended or terminated is
 4573  responsible for all assessments, obligations, and liabilities
 4574  incurred through the effective date of suspension or
 4575  termination, including obligations, the performance of which
 4576  extends beyond the effective date of suspension or termination.
 4577         G. The remaining member states of the Interstate Commission
 4578  do not bear any costs arising from a state that has been found
 4579  to be in default or that has been suspended or terminated from
 4580  the compact, unless otherwise mutually agreed upon in writing
 4581  between the Interstate Commission and the defaulting state.
 4582         H. A defaulting state may appeal the action of the
 4583  Interstate Commission by petitioning the United States District
 4584  Court for the District of Columbia or the federal district where
 4585  the Interstate Commission has its principal offices. The
 4586  prevailing party shall be awarded all costs of such litigation,
 4587  including reasonable attorney's fees.
 4588         I. The Interstate Commission shall attempt, upon the
 4589  request of a member state, to resolve disputes that are subject
 4590  to the compact and that may arise among member states and
 4591  between member and nonmember states. The Interstate Commission
 4592  shall promulgate a rule providing for both mediation and binding
 4593  dispute resolution for disputes as appropriate.
 4594         1. The Interstate Commission, in the reasonable exercise of
 4595  its discretion, shall enforce the provisions and rules of this
 4596  compact.
 4597         2. The Interstate Commission may, by majority vote of the
 4598  members, initiate legal action in the United States District
 4599  Court for the District of Columbia or, at the discretion of the
 4600  Interstate Commission, in the federal district where the
 4601  Interstate Commission has its principal offices to enforce
 4602  compliance with the provisions of the compact, or its
 4603  promulgated rules and bylaws, against a member state in default.
 4604  The relief sought may include both injunctive relief and
 4605  damages. In the event judicial enforcement is necessary, the
 4606  prevailing party shall be awarded all costs of such litigation,
 4607  including reasonable attorney's fees.
 4608         3. The remedies herein are not the exclusive remedies of
 4609  the Interstate Commission. The Interstate Commission may avail
 4610  itself of any other remedies available under state law or the
 4611  regulation of a profession.
 4612  
 4613                             ARTICLE XIV                           
 4614  
 4615         FINANCING OF THE INTERSTATE COMMISSION.—
 4616         A. The Interstate Commission shall pay, or provide for the
 4617  payment of, the reasonable expenses of its establishment,
 4618  organization, and ongoing activities.
 4619         B. The Interstate Commission may levy on and collect an
 4620  annual assessment from each member state to cover the cost of
 4621  the operations and activities of the Interstate Commission and
 4622  its staff which must be in a total amount sufficient to cover
 4623  the Interstate Commission's annual budget as approved each year.
 4624  The aggregate annual assessment amount shall be allocated based
 4625  upon a formula to be determined by the Interstate Commission,
 4626  which shall adopt a rule binding upon all member states.
 4627         C. The Interstate Commission may not incur any obligation
 4628  of any kind before securing the funds adequate to meet the
 4629  obligation and the Interstate Commission may not pledge the
 4630  credit of any of the member states, except by and with the
 4631  permission of the member state.
 4632         D. The Interstate Commission shall keep accurate accounts
 4633  of all receipts and disbursements. The receipts and
 4634  disbursements of the Interstate Commission are subject to audit
 4635  and accounting procedures established under its bylaws. However,
 4636  all receipts and disbursements of funds handled by the
 4637  Interstate Commission shall be audited yearly by a certified or
 4638  licensed public accountant, and the report of the audit shall be
 4639  included in and become part of the annual report of the
 4640  Interstate Commission.
 4641  
 4642                             ARTICLE XV                            
 4643  
 4644         MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.—
 4645         A. Any state is eligible to become a member state.
 4646         B. The compact shall take effect and be binding upon
 4647  legislative enactment of the compact into law by not less than
 4648  10 of the states. The effective date shall be no earlier than
 4649  December 1, 2007. Thereafter, it shall become effective and
 4650  binding as to any other member state upon enactment of the
 4651  compact into law by that state. The governors of nonmember
 4652  states or their designees shall be invited to participate in the
 4653  activities of the Interstate Commission on a nonvoting basis
 4654  before adoption of the compact by all states.
 4655         C. The Interstate Commission may propose amendments to the
 4656  compact for enactment by the member states. An amendment does
 4657  not become effective and binding upon the Interstate Commission
 4658  and the member states until the amendment is enacted into law by
 4659  unanimous consent of the member states.
 4660  
 4661                             ARTICLE XVI                           
 4662  
 4663         WITHDRAWAL AND DISSOLUTION.—
 4664         A. Once in effect, the compact continues in force and
 4665  remains binding upon each and every member state, provided that
 4666  a member state may withdraw from the compact, specifically
 4667  repealing the statute that enacted the compact into law.
 4668         1. Withdrawal from the compact occurs when a statute
 4669  repealing its membership is enacted by the state, but does not
 4670  take effect until 1 year after the effective date of the statute
 4671  and until written notice of the withdrawal has been given by the
 4672  withdrawing state to the Governor of each other member state.
 4673         2. The withdrawing state must immediately notify the
 4674  chairperson of the Interstate Commission in writing upon the
 4675  introduction of legislation repealing this compact in the
 4676  withdrawing state. The Interstate Commission shall notify the
 4677  other member states of the withdrawing state's intent to
 4678  withdraw within 60 days after its receipt thereof.
 4679         3. A withdrawing state is responsible for all assessments,
 4680  obligations, and liabilities incurred through the effective date
 4681  of withdrawal, including obligations, the performance of which
 4682  extend beyond the effective date of withdrawal.
 4683         4. Reinstatement following withdrawal of a member state
 4684  shall occur upon the withdrawing state reenacting the compact or
 4685  upon such later date as determined by the Interstate Commission.
 4686         B. This compact shall dissolve effective upon the date of
 4687  the withdrawal or default of the member state which reduces the
 4688  membership in the compact to one member state.
 4689         C. Upon the dissolution of this compact, the compact
 4690  becomes void and has no further force or effect, and the
 4691  business and affairs of the Interstate Commission shall be
 4692  concluded and surplus funds shall be distributed in accordance
 4693  with the bylaws.
 4694  
 4695                            ARTICLE XVII                           
 4696  
 4697         SEVERABILITY AND CONSTRUCTION.—
 4698         A. The provisions of this compact shall be severable, and
 4699  if any phrase, clause, sentence, or provision is deemed
 4700  unenforceable, the remaining provisions of the compact shall be
 4701  enforceable.
 4702         B. The provisions of this compact shall be liberally
 4703  construed to effectuate its purposes.
 4704         C. This compact does not prohibit the applicability of
 4705  other interstate compacts to which the states are members.
 4706  
 4707                            ARTICLE XVIII                          
 4708  
 4709         BINDING EFFECT OF COMPACT AND OTHER LAWS.—
 4710         A. This compact does not prevent the enforcement of any
 4711  other law of a member state that is not inconsistent with this
 4712  compact.
 4713         B. All member states' laws conflicting with this compact
 4714  are superseded to the extent of the conflict.
 4715         C. All lawful actions of the Interstate Commission,
 4716  including all rules and bylaws promulgated by the Interstate
 4717  Commission, are binding upon the member states.
 4718         D. All agreements between the Interstate Commission and the
 4719  member states are binding in accordance with their terms.
 4720         E. If any part of this compact exceeds the constitutional
 4721  limits imposed on the legislature of any member state, the
 4722  provision shall be ineffective to the extent of the conflict
 4723  with the constitutional provision in question in that member
 4724  state.
 4725         Reviser's note.—Amended to confirm the insertion of
 4726         the word “of” by the editors.
 4727         Section 95. Subsection (1) of section 1001.395, Florida
 4728  Statutes, as amended by section 1 of chapter 2009-3, Laws of
 4729  Florida, is amended to read:
 4730         1001.395 District school board members; compensation.—
 4731         (1) Each member of the district school board shall receive
 4732  a base salary, the amounts indicated in this section, based on
 4733  the population of the county the district school board member
 4734  serves. In addition, compensation shall be made for population
 4735  increments over the minimum for each population group, which
 4736  shall be determined by multiplying the population in excess of
 4737  the minimum for the group times the group rate. The product of
 4738  such calculation shall be added to the base salary to determine
 4739  the adjusted base salary. The adjusted base salaries of district
 4740  school board members shall be increased annually as provided for
 4741  in s. 145.19.
 4742  
 4743  Pop. Group      County Pop. Range         Base Salary     Group Rate
 4744                 Minimum          Maximum                              
 4745       I             -0-            9,999         $5,000       $0.08330
 4746      II          10,000           49,999          5,833       0.020830
 4747      III         50,000           99,999          6,666       0.016680
 4748      IV         100,000          199,999          7,500       0.008330
 4749       V         200,000          399,999          8,333       0.004165
 4750      VI         400,000          999,999          9,166       0.001390
 4751      VII      1,000,000                          10,000       0.000000
 4752  
 4753  District school board member salaries negotiated on or after
 4754  November of 2006 shall remain in effect up to the date of the
 4755  2007-2008 calculation provided pursuant to s. 145.19.
 4756         Reviser's note.—Amended to delete a provision that has
 4757         served its purpose.
 4758         Section 96. Paragraph (e) of subsection (4) of section
 4759  1002.36, Florida Statutes, is amended to read:
 4760         1002.36 Florida School for the Deaf and the Blind.—
 4761         (4) BOARD OF TRUSTEES.—
 4762         (e) The board of trustees is invested with full power and
 4763  authority to:
 4764         1. Appoint a president, faculty, teachers, and other
 4765  employees and remove the same as in its judgment may be best and
 4766  fix their compensation.
 4767         2. Procure professional services, such as medical, mental
 4768  health, architectural, and engineering.
 4769         3. Procure legal services without the prior written
 4770  approval of the Attorney General.
 4771         4. Determine eligibility of students and procedure for
 4772  admission.
 4773         5. Provide for the students of the school necessary
 4774  bedding, clothing, food, and medical attendance and such other
 4775  things as may be proper for the health and comfort of the
 4776  students without cost to their parents, except that the board of
 4777  trustees may set tuition and other fees for nonresidents.
 4778         6. Provide for the proper keeping of accounts and records
 4779  and for budgeting of funds.
 4780         7. Enter into contracts.
 4781         8. Sue and be sued.
 4782         9. Secure public liability insurance.
 4783         10. Do and perform every other matter or thing requisite to
 4784  the proper management, maintenance, support, and control of the
 4785  school at the highest efficiency economically possible, the
 4786  board of trustees taking into consideration the purposes of the
 4787  establishment.
 4788         11. Receive gifts, donations, and bequests of money or
 4789  property, real or personal, tangible or intangible, from any
 4790  person, firm, corporation, or other legal entity. However, the
 4791  board of trustees may not obligate the state to any expenditure
 4792  or policy that is not specifically authorized by law. If the
 4793  bill of sale, will, trust indenture, deed, or other legal
 4794  conveyance specifies terms and conditions concerning the use of
 4795  such money or property, the board of trustees shall observe such
 4796  terms and conditions.
 4797         12. Deposit outside the State Treasury such moneys as are
 4798  received as gifts, donations, or bequests and may disburse and
 4799  expend such moneys, upon its own warrant, for the use and
 4800  benefit of the Florida School for the Deaf and the Blind and its
 4801  students, as the board of trustees deems to be in the best
 4802  interest of the school and its students. Such money or property
 4803  shall not constitute or be considered a part of any legislative
 4804  appropriation.
 4805         13. Sell or convey by bill of sale, deed, or other legal
 4806  instrument any property, real or personal, received as a gift,
 4807  donation, or bequest, upon such terms and conditions as the
 4808  board of trustees deems to be in the best interest of the school
 4809  and its students.
 4810         14. Invest such moneys in securities enumerated under s.
 4811  215.47(1), (2)(c), (3), (4), and (10) 215.47(1), (2)(c), (3),
 4812  (4), and (9), and in The Common Fund, an Investment Management
 4813  Fund exclusively for nonprofit educational institutions.
 4814         Reviser's note.—Amended to conform to the renumbering
 4815         of subsections resulting from the addition of a new
 4816         subsection (7) by s. 3, ch. 2008-31, Laws of Florida.
 4817         Section 97. Subsection (4) of section 1006.035, Florida
 4818  Statutes, is amended to read:
 4819         1006.035 Dropout reentry and mentor project.—
 4820         (4) In each of the four locations, the project shall
 4821  identify 15 high-achieving minority students to serve as one-on
 4822  one mentors to the students who are being reentered in school.
 4823  An alumnus of Bethune-Cookman University College, Florida
 4824  Memorial University College, Edward Waters College, or Florida
 4825  Agricultural and Mechanical University shall be assigned to each
 4826  pair of students. Student mentors and alumni must serve as role
 4827  models and resource people for the students who are being
 4828  reentered in school.
 4829         Reviser's note.—Amended to conform to the correct
 4830         names of Bethune-Cookman University and Florida
 4831         Memorial University.
 4832         Section 98. Subsection (1) of section 1006.59, Florida
 4833  Statutes, is amended to read:
 4834         1006.59 The Historically Black College and University
 4835  Library Improvement Program.—
 4836         (1) It is the intent of the Legislature to enhance the
 4837  quality of the libraries at Florida Agricultural and Mechanical
 4838  University, Bethune-Cookman University College, Edward Waters
 4839  College, and Florida Memorial University College.
 4840         Reviser's note.—Amended to conform to the correct
 4841         names of Bethune-Cookman University and Florida
 4842         Memorial University.
 4843         Section 99. Paragraph (c) of subsection (3) of section
 4844  1008.22, Florida Statutes, is amended to read:
 4845         1008.22 Student assessment program for public schools.—
 4846         (3) STATEWIDE ASSESSMENT PROGRAM.—The commissioner shall
 4847  design and implement a statewide program of educational
 4848  assessment that provides information for the improvement of the
 4849  operation and management of the public schools, including
 4850  schools operating for the purpose of providing educational
 4851  services to youth in Department of Juvenile Justice programs.
 4852  The commissioner may enter into contracts for the continued
 4853  administration of the assessment, testing, and evaluation
 4854  programs authorized and funded by the Legislature. Contracts may
 4855  be initiated in 1 fiscal year and continue into the next and may
 4856  be paid from the appropriations of either or both fiscal years.
 4857  The commissioner is authorized to negotiate for the sale or
 4858  lease of tests, scoring protocols, test scoring services, and
 4859  related materials developed pursuant to law. Pursuant to the
 4860  statewide assessment program, the commissioner shall:
 4861         (c) Develop and implement a student achievement testing
 4862  program known as the Florida Comprehensive Assessment Test
 4863  (FCAT) as part of the statewide assessment program to measure a
 4864  student's content knowledge and skills in reading, writing,
 4865  science, and mathematics. Other content areas may be included as
 4866  directed by the commissioner. Comprehensive assessments of
 4867  reading and mathematics shall be administered annually in grades
 4868  3 through 10. Comprehensive assessments of writing and science
 4869  shall be administered at least once at the elementary, middle,
 4870  and high school levels. End-of-course assessments for a subject
 4871  may be administered in addition to the comprehensive assessments
 4872  required for that subject under this paragraph. An end-of-course
 4873  assessment must be rigorous, statewide, standardized, and
 4874  developed or approved by the department. The content knowledge
 4875  and skills assessed by comprehensive and end-of-course
 4876  assessments must be aligned to the core curricular content
 4877  established in the Sunshine State Standards. The commissioner
 4878  may select one or more nationally developed comprehensive
 4879  examinations, which may include, but need not be limited to,
 4880  examinations for a College Board Advanced Placement course,
 4881  International Baccalaureate course, or Advanced International
 4882  Certificate of Education course or industry-approved
 4883  examinations to earn national industry certifications as defined
 4884  in s. 1003.492, for use as end-of-course assessments under this
 4885  paragraph, if the commissioner determines that the content
 4886  knowledge and skills assessed by the examinations meet or exceed
 4887  the grade level expectations for the core curricular content
 4888  established for the course in the Next Generation Sunshine State
 4889  Standards. The commissioner may collaborate with the American
 4890  Diploma Project in the adoption or development of rigorous end
 4891  of-course assessments that are aligned to the Next Generation
 4892  Sunshine State Standards. The testing program must be designed
 4893  as follows:
 4894         1. The tests shall measure student skills and competencies
 4895  adopted by the State Board of Education as specified in
 4896  paragraph (a). The tests must measure and report student
 4897  proficiency levels of all students assessed in reading, writing,
 4898  mathematics, and science. The commissioner shall provide for the
 4899  tests to be developed or obtained, as appropriate, through
 4900  contracts and project agreements with private vendors, public
 4901  vendors, public agencies, postsecondary educational
 4902  institutions, or school districts. The commissioner shall obtain
 4903  input with respect to the design and implementation of the
 4904  testing program from state educators, assistive technology
 4905  experts, and the public.
 4906         2. The testing program shall be composed of criterion
 4907  referenced tests that shall, to the extent determined by the
 4908  commissioner, include test items that require the student to
 4909  produce information or perform tasks in such a way that the core
 4910  content knowledge and skills he or she uses can be measured.
 4911         3. Beginning with the 2008-2009 school year, the
 4912  commissioner shall discontinue administration of the selected
 4913  response test items on the comprehensive assessments of writing.
 4914  Beginning with the 2012-2013 school year, the comprehensive
 4915  assessments of writing shall be composed of a combination of
 4916  selected-response test items, short-response performance tasks,
 4917  and extended-response performance tasks, which shall measure a
 4918  student's content knowledge of writing, including, but not
 4919  limited to, paragraph and sentence structure, sentence
 4920  construction, grammar and usage, punctuation, capitalization,
 4921  spelling, parts of speech, verb tense, irregular verbs, subject
 4922  verb agreement, and noun-pronoun agreement.
 4923         4. A score shall be designated for each subject area
 4924  tested, below which score a student's performance is deemed
 4925  inadequate. The school districts shall provide appropriate
 4926  remedial instruction to students who score below these levels.
 4927         5. Except as provided in s. 1003.428(8)(b) or s.
 4928  1003.43(11)(b), students must earn a passing score on the grade
 4929  10 assessment test described in this paragraph or attain
 4930  concordant scores as described in subsection (10) (9) in
 4931  reading, writing, and mathematics to qualify for a standard high
 4932  school diploma. The State Board of Education shall designate a
 4933  passing score for each part of the grade 10 assessment test. In
 4934  establishing passing scores, the state board shall consider any
 4935  possible negative impact of the test on minority students. The
 4936  State Board of Education shall adopt rules which specify the
 4937  passing scores for the grade 10 FCAT. Any such rules, which have
 4938  the effect of raising the required passing scores, shall apply
 4939  only to students taking the grade 10 FCAT for the first time
 4940  after such rules are adopted by the State Board of Education.
 4941         6. Participation in the testing program is mandatory for
 4942  all students attending public school, including students served
 4943  in Department of Juvenile Justice programs, except as otherwise
 4944  prescribed by the commissioner. If a student does not
 4945  participate in the statewide assessment, the district must
 4946  notify the student's parent and provide the parent with
 4947  information regarding the implications of such nonparticipation.
 4948  A parent must provide signed consent for a student to receive
 4949  classroom instructional accommodations that would not be
 4950  available or permitted on the statewide assessments and must
 4951  acknowledge in writing that he or she understands the
 4952  implications of such instructional accommodations. The State
 4953  Board of Education shall adopt rules, based upon recommendations
 4954  of the commissioner, for the provision of test accommodations
 4955  for students in exceptional education programs and for students
 4956  who have limited English proficiency. Accommodations that negate
 4957  the validity of a statewide assessment are not allowable in the
 4958  administration of the FCAT. However, instructional
 4959  accommodations are allowable in the classroom if included in a
 4960  student's individual education plan. Students using
 4961  instructional accommodations in the classroom that are not
 4962  allowable as accommodations on the FCAT may have the FCAT
 4963  requirement waived pursuant to the requirements of s.
 4964  1003.428(8)(b) or s. 1003.43(11)(b).
 4965         7. A student seeking an adult high school diploma must meet
 4966  the same testing requirements that a regular high school student
 4967  must meet.
 4968         8. District school boards must provide instruction to
 4969  prepare students to demonstrate proficiency in the core
 4970  curricular content established in the Next Generation Sunshine
 4971  State Standards adopted under s. 1003.41, including the core
 4972  content knowledge and skills necessary for successful grade-to
 4973  grade progression and high school graduation. If a student is
 4974  provided with instructional accommodations in the classroom that
 4975  are not allowable as accommodations in the statewide assessment
 4976  program, as described in the test manuals, the district must
 4977  inform the parent in writing and must provide the parent with
 4978  information regarding the impact on the student's ability to
 4979  meet expected proficiency levels in reading, writing, and
 4980  mathematics. The commissioner shall conduct studies as necessary
 4981  to verify that the required core curricular content is part of
 4982  the district instructional programs.
 4983         9. District school boards must provide opportunities for
 4984  students to demonstrate an acceptable level of performance on an
 4985  alternative standardized assessment approved by the State Board
 4986  of Education following enrollment in summer academies.
 4987         10. The Department of Education must develop, or select,
 4988  and implement a common battery of assessment tools that will be
 4989  used in all juvenile justice programs in the state. These tools
 4990  must accurately measure the core curricular content established
 4991  in the Sunshine State Standards.
 4992         11. For students seeking a special diploma pursuant to s.
 4993  1003.438, the Department of Education must develop or select and
 4994  implement an alternate assessment tool that accurately measures
 4995  the core curricular content established in the Sunshine State
 4996  Standards for students with disabilities under s. 1003.438.
 4997         12. The Commissioner of Education shall establish schedules
 4998  for the administration of statewide assessments and the
 4999  reporting of student test results. The commissioner shall, by
 5000  August 1 of each year, notify each school district in writing
 5001  and publish on the department's Internet website the testing and
 5002  reporting schedules for, at a minimum, the school year following
 5003  the upcoming school year. The testing and reporting schedules
 5004  shall require that:
 5005         a. There is the latest possible administration of statewide
 5006  assessments and the earliest possible reporting to the school
 5007  districts of student test results which is feasible within
 5008  available technology and specific appropriations; however, test
 5009  results must be made available no later than the final day of
 5010  the regular school year for students.
 5011         b. Beginning with the 2010-2011 school year, a
 5012  comprehensive statewide assessment of writing is not
 5013  administered earlier than the week of March 1 and a
 5014  comprehensive statewide assessment of any other subject is not
 5015  administered earlier than the week of April 15.
 5016         c. A statewide standardized end-of-course assessment is
 5017  administered within the last 2 weeks of the course.
 5018  
 5019  The commissioner may, based on collaboration and input from
 5020  school districts, design and implement student testing programs,
 5021  for any grade level and subject area, necessary to effectively
 5022  monitor educational achievement in the state, including the
 5023  measurement of educational achievement of the Sunshine State
 5024  Standards for students with disabilities. Development and
 5025  refinement of assessments shall include universal design
 5026  principles and accessibility standards that will prevent any
 5027  unintended obstacles for students with disabilities while
 5028  ensuring the validity and reliability of the test. These
 5029  principles should be applicable to all technology platforms and
 5030  assistive devices available for the assessments. The field
 5031  testing process and psychometric analyses for the statewide
 5032  assessment program must include an appropriate percentage of
 5033  students with disabilities and an evaluation or determination of
 5034  the effect of test items on such students.
 5035         Reviser's note.—Amended to confirm the editorial
 5036         substitution of a reference to subsection (10) for a
 5037         reference to subsection (9) to conform to the
 5038         redesignation of subsection (9) as subsection (10) by
 5039         s. 18, ch. 2008-235, Laws of Florida.
 5040         Section 100. Paragraph (a) of subsection (3) of section
 5041  1008.34, Florida Statutes, is amended to read:
 5042         1008.34 School grading system; school report cards;
 5043  district grade.—
 5044         (3) DESIGNATION OF SCHOOL GRADES.—
 5045         (a) Each school that has students who are tested and
 5046  included in the school grading system shall receive a school
 5047  grade, except as follows:
 5048         1. A school shall not receive a school grade if the number
 5049  of its students tested and included in the school grading system
 5050  is less are fewer than the minimum sample size necessary, based
 5051  on accepted professional practice, for statistical reliability
 5052  and prevention of the unlawful release of personally
 5053  identifiable student data under s. 1002.22 or 20 U.S.C. s.
 5054  1232g.
 5055         2. An alternative school may choose to receive a school
 5056  grade under this section or a school improvement rating under s.
 5057  1008.341.
 5058         3. A school that serves any combination of students in
 5059  kindergarten through grade 3 which does not receive a school
 5060  grade because its students are not tested and included in the
 5061  school grading system shall receive the school grade designation
 5062  of a K-3 feeder pattern school identified by the Department of
 5063  Education and verified by the school district. A school feeder
 5064  pattern exists if at least 60 percent of the students in the
 5065  school serving a combination of students in kindergarten through
 5066  grade 3 are scheduled to be assigned to the graded school.
 5067         Reviser's note.—Amended to confirm the substitution by
 5068         the editors of the words “is less” for the words “are
 5069         fewer” to improve clarity and facilitate correct
 5070         interpretation.
 5071         Section 101. Subsection (2) of section 1008.341, Florida
 5072  Statutes, is amended to read:
 5073         1008.341 School improvement rating for alternative
 5074  schools.—
 5075         (2) SCHOOL IMPROVEMENT RATING.—An alternative school that
 5076  provides dropout prevention and academic intervention services
 5077  pursuant to s. 1003.53 shall receive a school improvement rating
 5078  pursuant to this section. However, an alternative school shall
 5079  not receive a school improvement rating if the number of its
 5080  students for whom student performance data is available for the
 5081  current year and previous year is less are fewer than the
 5082  minimum sample size necessary, based on accepted professional
 5083  practice, for statistical reliability and prevention of the
 5084  unlawful release of personally identifiable student data under
 5085  s. 1002.22 or 20 U.S.C. s. 1232g. The school improvement rating
 5086  shall identify an alternative school as having one of the
 5087  following ratings defined according to rules of the State Board
 5088  of Education:
 5089         (a) “Improving” means the students attending the school are
 5090  making more academic progress than when the students were served
 5091  in their home schools.
 5092         (b) “Maintaining” means the students attending the school
 5093  are making progress equivalent to the progress made when the
 5094  students were served in their home schools.
 5095         (c) “Declining” means the students attending the school are
 5096  making less academic progress than when the students were served
 5097  in their home schools.
 5098  
 5099  The school improvement rating shall be based on a comparison of
 5100  student performance data for the current year and previous year.
 5101  Schools that improve at least one level or maintain an
 5102  “improving” rating pursuant to this section are eligible for
 5103  school recognition awards pursuant to s. 1008.36.
 5104         Reviser's note.—Amended to confirm the substitution by
 5105         the editors of the words “is less” for the words “are
 5106         fewer” to improve clarity and facilitate correct
 5107         interpretation.
 5108         Section 102. Subsection (5) of section 1008.345, Florida
 5109  Statutes, is amended to read:
 5110         1008.345 Implementation of state system of school
 5111  improvement and education accountability.—
 5112         (5) The commissioner shall report to the Legislature and
 5113  recommend changes in state policy necessary to foster school
 5114  improvement and education accountability. Included in the report
 5115  shall be a list of the schools, including schools operating for
 5116  the purpose of providing educational services to youth in
 5117  Department of Juvenile Justice programs, for which district
 5118  school boards have developed assistance and intervention plans
 5119  and an analysis of the various strategies used by the school
 5120  boards. School reports shall be distributed pursuant to this
 5121  subsection and s. 1001.42(18)(e) 1001.42(16)(e) and according to
 5122  rules adopted by the State Board of Education.
 5123         Reviser's note.—Amended to conform to the renumbering
 5124         of subsections by s. 9, ch. 2008-108, Laws of Florida.
 5125         Section 103. Subsection (1) and paragraph (a) of subsection
 5126  (5) of section 1009.73, Florida Statutes, are amended to read:
 5127         1009.73 Mary McLeod Bethune Scholarship Program.—
 5128         (1) There is established the Mary McLeod Bethune
 5129  Scholarship Program to be administered by the Department of
 5130  Education pursuant to this section and rules of the State Board
 5131  of Education. The program shall provide matching grants for
 5132  private sources that raise money for scholarships to be awarded
 5133  to students who attend Florida Agricultural and Mechanical
 5134  University, Bethune-Cookman University College, Edward Waters
 5135  College, or Florida Memorial University College.
 5136         (5)(a) In order to be eligible to receive a scholarship
 5137  pursuant to this section, an applicant must:
 5138         1. Meet the general eligibility requirements set forth in
 5139  s. 1009.40.
 5140         2. Be accepted at Florida Agricultural and Mechanical
 5141  University, Bethune-Cookman University College, Edward Waters
 5142  College, or Florida Memorial University College.
 5143         3. Enroll as a full-time undergraduate student.
 5144         4. Earn a 3.0 grade point average on a 4.0 scale, or the
 5145  equivalent, for high school subjects creditable toward a
 5146  diploma.
 5147         Reviser's note.—Amended to conform to the correct
 5148         names of Bethune-Cookman University and Florida
 5149         Memorial University.
 5150         Section 104. Paragraph (b) of subsection (1), paragraphs
 5151  (d), (h), and (i) of subsection (2), paragraphs (f) and (g) of
 5152  subsection (6), and paragraph (b) of subsection (7) of section
 5153  1012.56, Florida Statutes, are amended to read:
 5154         1012.56 Educator certification requirements.—
 5155         (1) APPLICATION.—Each person seeking certification pursuant
 5156  to this chapter shall submit a completed application containing
 5157  the applicant's social security number to the Department of
 5158  Education and remit the fee required pursuant to s. 1012.59 and
 5159  rules of the State Board of Education. Pursuant to the federal
 5160  Personal Responsibility and Work Opportunity Reconciliation Act
 5161  of 1996, each party is required to provide his or her social
 5162  security number in accordance with this section. Disclosure of
 5163  social security numbers obtained through this requirement is
 5164  limited to the purpose of administration of the Title IV-D
 5165  program of the Social Security Act for child support
 5166  enforcement. Pursuant to s. 120.60, the department shall issue
 5167  within 90 calendar days after the stamped receipted date of the
 5168  completed application:
 5169         (b) If the applicant meets the requirements and if
 5170  requested by an employing school district or an employing
 5171  private school with a professional education competence
 5172  demonstration program pursuant to paragraphs (6)(f) and (8)(b)
 5173  (5)(f) and (7)(b), a temporary certificate covering the
 5174  classification, level, and area for which the applicant is
 5175  deemed qualified and an official statement of status of
 5176  eligibility; or
 5177  
 5178  The statement of status of eligibility must advise the applicant
 5179  of any qualifications that must be completed to qualify for
 5180  certification. Each statement of status of eligibility is valid
 5181  for 3 years after its date of issuance, except as provided in
 5182  paragraph (2)(d).
 5183         (2) ELIGIBILITY CRITERIA.—To be eligible to seek
 5184  certification, a person must:
 5185         (d) Submit to background screening in accordance with
 5186  subsection (10) (9). If the background screening indicates a
 5187  criminal history or if the applicant acknowledges a criminal
 5188  history, the applicant's records shall be referred to the
 5189  investigative section in the Department of Education for review
 5190  and determination of eligibility for certification. If the
 5191  applicant fails to provide the necessary documentation requested
 5192  by the department within 90 days after the date of the receipt
 5193  of the certified mail request, the statement of eligibility and
 5194  pending application shall become invalid.
 5195         (h) Demonstrate mastery of subject area knowledge, pursuant
 5196  to subsection (5) (4).
 5197         (i) Demonstrate mastery of professional preparation and
 5198  education competence, pursuant to subsection (6) (5).
 5199         (6) MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
 5200  COMPETENCE.—Acceptable means of demonstrating mastery of
 5201  professional preparation and education competence are:
 5202         (f) Completion of professional preparation courses as
 5203  specified in state board rule, successful completion of a
 5204  professional education competence demonstration program pursuant
 5205  to paragraph (8)(b) (7)(b), and achievement of a passing score
 5206  on the professional education competency examination required by
 5207  state board rule;
 5208         (g) Successful completion of a professional preparation
 5209  alternative certification and education competency program,
 5210  outlined in paragraph (8)(a) (7)(a); or
 5211         (7) TYPES AND TERMS OF CERTIFICATION.—
 5212         (b) The department shall issue a temporary certificate to
 5213  any applicant who completes the requirements outlined in
 5214  paragraphs (2)(a)-(f) and completes the subject area content
 5215  requirements specified in state board rule or demonstrates
 5216  mastery of subject area knowledge pursuant to subsection (5) (4)
 5217  and holds an accredited degree or a degree approved by the
 5218  Department of Education at the level required for the subject
 5219  area specialization in state board rule.
 5220  
 5221  Each temporary certificate is valid for 3 school fiscal years
 5222  and is nonrenewable. However, the requirement in paragraph
 5223  (2)(g) must be met within 1 calendar year of the date of
 5224  employment under the temporary certificate. Individuals who are
 5225  employed under contract at the end of the 1 calendar year time
 5226  period may continue to be employed through the end of the school
 5227  year in which they have been contracted. A school district shall
 5228  not employ, or continue the employment of, an individual in a
 5229  position for which a temporary certificate is required beyond
 5230  this time period if the individual has not met the requirement
 5231  of paragraph (2)(g). The State Board of Education shall adopt
 5232  rules to allow the department to extend the validity period of a
 5233  temporary certificate for 2 years when the requirements for the
 5234  professional certificate, not including the requirement in
 5235  paragraph (2)(g), were not completed due to the serious illness
 5236  or injury of the applicant or other extraordinary extenuating
 5237  circumstances. The department shall reissue the temporary
 5238  certificate for 2 additional years upon approval by the
 5239  Commissioner of Education. A written request for reissuance of
 5240  the certificate shall be submitted by the district school
 5241  superintendent, the governing authority of a university lab
 5242  school, the governing authority of a state-supported school, or
 5243  the governing authority of a private school.
 5244         Reviser's note.—Amended to conform to the renumbering
 5245         of subunits by s. 25, ch. 2008-235, Laws of Florida.
 5246         Section 105. Paragraph (a) of subsection (4) of section
 5247  1012.795, Florida Statutes, is amended to read:
 5248         1012.795 Education Practices Commission; authority to
 5249  discipline.—
 5250         (4)(a) An educator certificate that has been suspended
 5251  under this section is automatically reinstated at the end of the
 5252  suspension period, provided the certificate did not expire
 5253  during the period of suspension. If the certificate expired
 5254  during the period of suspension, the holder of the former
 5255  certificate may secure a new certificate by making application
 5256  therefor and by meeting the certification requirements of the
 5257  state board current at the time of the application for the new
 5258  certificate. An educator certificate suspended pursuant to
 5259  paragraph (1)(i) (1)(h) may be reinstated only upon notice from
 5260  the court or the Department of Revenue that the party has
 5261  complied with the terms of the support order, subpoena, order to
 5262  show cause, or written agreement.
 5263         Reviser's note.—Amended to conform to the
 5264         redesignation of paragraph (1)(h) as paragraph (1)(i)
 5265         by s. 32, ch. 2008-108, Laws of Florida.
 5266         Section 106. Subsection (6) of section 1013.12, Florida
 5267  Statutes, is amended to read:
 5268         1013.12 Casualty, safety, sanitation, and firesafety
 5269  standards and inspection of property.—
 5270         (6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.—Upon
 5271  failure of the board to take corrective action within the time
 5272  designated in the plan of action to correct any firesafety
 5273  deficiency noted under paragraph (2)(d) (2)(c) or paragraph
 5274  (3)(c), the local fire official shall immediately report the
 5275  deficiency to the State Fire Marshal, who shall have enforcement
 5276  authority with respect to educational and ancillary plants and
 5277  educational facilities as provided in chapter 633 for any other
 5278  building or structure.
 5279         Reviser's note.—Amended to conform to the
 5280         redesignation of paragraph (2)(c) as paragraph (2)(d)
 5281         by s. 29, ch. 2008-235, Laws of Florida.
 5282         Section 107. This act shall take effect on the 60th day
 5283  after adjournment sine die of the session of the Legislature in
 5284  which enacted.