HB 7003

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; amending ss.
3	39.01, 39.806, 45.035, 61.122, 112.661, 121.051, 121.153,
4	161.085, 163.3177, 193.074, 193.1554, 193.1555, 201.15,
5	211.31, 215.50, 215.555, 215.5595, 218.409, 253.03,
6	259.032, 259.105, 259.1053, 282.201, 288.1089, 288.8175,
7	316.2128, 316.650, 319.001, 320.08058, 323.001, 336.41,
8	336.44, 364.051, 373.118, 373.4145, 374.977, 378.021,
9	378.403, 379.2495, 379.353, 379.407, 380.061, 380.510,
10	381.0063, 403.087, 403.0871, 403.511, 403.5115, 403.531,
11	403.7264, 403.813, 403.862, 403.890, 403.9416, 409.2598,
12	468.432, 489.145, 499.003, 499.012, 499.0121, 499.015,
13	500.12, 553.885, 553.975, 560.111, 560.124, 560.141,
14	560.142, 560.143, 560.209, 560.404, 560.406, 570.07,
15	597.004, 597.010, 624.4213, 626.8541, 626.8796, 626.8797,
16	627.0621, 627.0628, 627.736, 718.111, 718.112, 718.113,
17	718.501, 718.503, 828.25, 937.021, 1000.36, 1001.395,
18	1002.36, 1006.035, 1006.59, 1008.22, 1008.34, 1008.341,
19	1008.345, 1009.73, 1012.56, 1012.795, and 1013.12, F.S.;
20	amending and reenacting s. 409.2563, F.S.; and reenacting
21	ss. 61.13001 and 627.351(2), F.S., pursuant to s. 11.242,
22	F.S.; deleting provisions that have expired, have become
23	obsolete, have had their effect, have served their
24	purpose, or have been impliedly repealed or superseded;
25	replacing incorrect cross-references and citations;
26	correcting grammatical, typographical, and like errors;
27	removing inconsistencies, redundancies, and unnecessary
28	repetition in the statutes; improving the clarity of the
29	statutes and facilitating their correct interpretation;
30	and confirming the restoration of provisions
31	unintentionally omitted from republication in the acts of
32	the Legislature during the amendatory process; providing
33	an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Subsection (10) of section 39.01, Florida
38	Statutes, is amended to read:
39	39.01  Definitions.--When used in this chapter, unless the
40	context otherwise requires:
41	(10)  "Caregiver" means the parent, legal custodian,
42	permanent guardian, adult household member, or other person
43	responsible for a child's welfare as defined in subsection (47)
44	(46).
45	Reviser's note.--Amended to conform to the
46	redesignation of subsection (46) as subsection (47) by
47	s. 1, ch. 2008-245, Laws of Florida.
48	Section 2.  Paragraph (k) of subsection (1) of section
49	39.806, Florida Statutes, is amended to read:
50	39.806  Grounds for termination of parental rights.--
51	(1)  Grounds for the termination of parental rights may be
52	established under any of the following circumstances:
53	(k)  A test administered at birth that indicated that the
54	child's blood, urine, or meconium contained any amount of
55	alcohol or a controlled substance or metabolites of such
56	substances, the presence of which was not the result of medical
57	treatment administered to the mother or the newborn infant, and
58	the biological mother of the child is the biological mother of
59	at least one other child who was adjudicated dependent after a
60	finding of harm to the child's health or welfare due to exposure
61	to a controlled substance or alcohol as defined in s.
62	39.01(32)(g) 39.01(31)(g), after which the biological mother had
63	the opportunity to participate in substance abuse treatment.
64	Reviser's note.--Amended to conform to the
65	redesignation of s. 39.01(31)(g) as s. 39.01(32)(g) by
66	s. 1, ch. 2008-245, Laws of Florida.
67	Section 3.  Subsection (3) of section 45.035, Florida
68	Statutes, is amended to read:
69	45.035  Clerk's fees.--In addition to other fees or service
70	charges authorized by law, the clerk shall receive service
71	charges related to the judicial sales procedure set forth in ss.
72	45.031-45.034 and this section:
73	(3)  If the sale is conducted by electronic means, as
74	provided in s. 45.031(10), the clerk shall receive a service
75	charge of $70 $60 as provided in subsection (1) for services in
76	conducting or contracting for the electronic sale, which service
77	charge shall be assessed as costs and shall be advanced by the
78	plaintiff before the sale. If the clerk requires advance
79	electronic deposits to secure the right to bid, such deposits
80	shall not be subject to the fee under s. 28.24(10). The portion
81	of an advance deposit from a winning bidder required by s.
82	45.031(3) shall, upon acceptance of the winning bid, be subject
83	to the fee under s. 28.24(10).
84	Reviser's note.--Amended to conform to the increase in
85	the service charge referenced in subsection (1) from
86	$60 to $70 by s. 25, ch. 2008-111, Laws of Florida.
87	Section 4.  Subsection (3) of section 61.122, Florida
88	Statutes, is amended to read:
89	61.122  Parenting plan recommendation; presumption of
90	psychologist's good faith; prerequisite to parent's filing suit;
91	award of fees, costs, reimbursement.--
92	(3)  A parent who desires to file a legal action against a
93	court-appointed psychologist who has acted in good faith in
94	developing a parenting plan recommendation must petition the
95	judge who presided over the dissolution of marriage, case of
96	domestic violence, or paternity matter involving the
97	relationship of a child and a parent, including time-sharing of
98	children, to appoint another psychologist. Upon the parent's
99	showing of good cause, the court shall appoint another
100	psychologist. The court shall determine as to who is responsible
101	for all court costs and attorney's fees associated with making
102	such an appointment.
103	Reviser's note.--Amended to improve clarity.
104	Section 5.  Section 61.13001, Florida Statutes, is
105	reenacted to read:
106	61.13001  Parental relocation with a child.--
107	(1)  DEFINITIONS.--As used in this section, the term:
108	(a)  "Change of residence address" means the relocation of
109	a child to a principal residence more than 50 miles away from
110	his or her principal place of residence at the time of the entry
111	of the last order establishing or modifying the parenting plan
112	or the time-sharing schedule or both for the minor child, unless
113	the move places the principal residence of the minor child less
114	than 50 miles from either parent.
115	(b)  "Child" means any person who is under the jurisdiction
116	of a state court pursuant to the Uniform Child Custody
117	Jurisdiction and Enforcement Act or is the subject of any order
118	granting to a parent or other person any right to time-sharing,
119	residential care, kinship, or custody, as provided under state
120	law.
121	(c)  "Court" means the circuit court in an original
122	proceeding which has proper venue and jurisdiction in accordance
123	with the Uniform Child Custody Jurisdiction and Enforcement Act,
124	the circuit court in the county in which either parent and the
125	child reside, or the circuit court in which the original action
126	was adjudicated.
127	(d)  "Other person" means an individual who is not the
128	parent and who, by court order, maintains the primary residence
129	of a child or has visitation rights with a child.
130	(e)  "Parent" means any person so named by court order or
131	express written agreement that is subject to court enforcement
132	or a person reflected as a parent on a birth certificate and in
133	whose home a child maintains a residence.
134	(f)  "Relocation" means a change in the principal residence
135	of a child for a period of 60 consecutive days or more but does
136	not include a temporary absence from the principal residence for
137	purposes of vacation, education, or the provision of health care
138	for the child.
139	(2)  RELOCATION BY AGREEMENT.--
140	(a)  If the parents and every other person entitled to
141	time-sharing with the child agree to the relocation of the
142	child, they may satisfy the requirements of this section by
143	signing a written agreement that:
144	1.  Reflects the consent to the relocation;
145	2.  Defines a time-sharing schedule for the nonrelocating
146	parent and any other persons who are entitled to time-sharing;
147	and
148	3.  Describes, if necessary, any transportation
149	arrangements related to the visitation.
150	(b)  If there is an existing cause of action, judgment, or
151	decree of record pertaining to the child's residence or a time-
152	sharing schedule, the parties shall seek ratification of the
153	agreement by court order without the necessity of an evidentiary
154	hearing unless a hearing is requested, in writing, by one or
155	more of the parties to the agreement within 10 days after the
156	date the agreement is filed with the court. If a hearing is not
157	timely requested, it shall be presumed that the relocation is in
158	the best interest of the child and the court may ratify the
159	agreement without an evidentiary hearing.
160	(3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
161	agreement has been entered as described in subsection (2), a
162	parent who is entitled to time-sharing with the child shall
163	notify the other parent, and every other person entitled to
164	time-sharing with the child, of a proposed relocation of the
165	child's residence. The form of notice shall be according to this
166	section:
167	(a)  The parent seeking to relocate shall prepare a Notice
168	of Intent to Relocate. The following information must be
169	included with the Notice of Intent to Relocate and signed under
170	oath under penalty of perjury:
171	1.  A description of the location of the intended new
172	residence, including the state, city, and specific physical
173	address, if known.
174	2.  The mailing address of the intended new residence, if
175	not the same as the physical address, if known.
176	3.  The home telephone number of the intended new
177	residence, if known.
178	4.  The date of the intended move or proposed relocation.
179	5.  A detailed statement of the specific reasons for the
180	proposed relocation of the child. If one of the reasons is based
181	upon a job offer which has been reduced to writing, that written
182	job offer must be attached to the Notice of Intent to Relocate.
183	6.  A proposal for the revised postrelocation schedule of
184	time-sharing together with a proposal for the postrelocation
185	transportation arrangements necessary to effectuate time-sharing
186	with the child. Absent the existence of a current, valid order
187	abating, terminating, or restricting visitation or other good
188	cause predating the Notice of Intent to Relocate, failure to
189	comply with this provision renders the Notice of Intent to
190	Relocate legally insufficient.
191	7.  Substantially the following statement, in all capital
192	letters and in the same size type, or larger, as the type in the
193	remainder of the notice:
194
195	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
196	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
197	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
198	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
199	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
200	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
201	WITHOUT A HEARING.
202	8.  The mailing address of the parent or other person
203	seeking to relocate to which the objection filed under
204	subsection (5) to the Notice of Intent to Relocate should be
205	sent.
206
207	The contents of the Notice of Intent to Relocate are not
208	privileged. For purposes of encouraging amicable resolution of
209	the relocation issue, a copy of the Notice of Intent to Relocate
210	shall initially not be filed with the court but instead served
211	upon the nonrelocating parent, other person, and every other
212	person entitled to time-sharing with the child, and the original
213	thereof shall be maintained by the parent or other person
214	seeking to relocate.
215	(b)  The parent seeking to relocate shall also prepare a
216	Certificate of Serving Notice of Intent to Relocate. The
217	certificate shall certify the date that the Notice of Intent to
218	Relocate was served on the other parent and on every other
219	person entitled to time-sharing with the child.
220	(c)  The Notice of Intent to Relocate, and the Certificate
221	of Serving Notice of Intent to Relocate, shall be served on the
222	other parent and on every other person entitled to time-sharing
223	with the child. If there is a pending court action regarding the
224	child, service of process may be according to court rule.
225	Otherwise, service of process shall be according to chapters 48
226	and 49 or via certified mail, restricted delivery, return
227	receipt requested.
228	(d)  A person giving notice of a proposed relocation or
229	change of residence address under this section has a continuing
230	duty to provide current and updated information required by this
231	section when that information becomes known.
232	(e)  If the other parent and any other person entitled to
233	time-sharing with the child fails to timely file an objection,
234	it shall be presumed that the relocation is in the best interest
235	of the child, the relocation shall be allowed, and the court
236	shall, absent good cause, enter an order, attaching a copy of
237	the Notice of Intent to Relocate, reflecting that the order is
238	entered as a result of the failure to object to the Notice of
239	Intent to Relocate, and adopting the time-sharing schedule and
240	transportation arrangements contained in the Notice of Intent to
241	Relocate. The order may issue in an expedited manner without the
242	necessity of an evidentiary hearing. If an objection is timely
243	filed, the burden returns to the parent or person seeking to
244	relocate to initiate court proceedings to obtain court
245	permission to relocate before doing so.
246	(f)  The act of relocating the child after failure to
247	comply with the notice of intent to relocate procedure described
248	in this subsection subjects the party in violation thereof to
249	contempt and other proceedings to compel the return of the child
250	and may be taken into account by the court in any initial or
251	postjudgment action seeking a determination or modification of
252	the parenting plan or the time-sharing schedule, or both, as:
253	1.  A factor in making a determination regarding the
254	relocation of a child.
255	2.  A factor in determining whether the parenting plan or
256	the time-sharing schedule should be modified.
257	3.  A basis for ordering the temporary or permanent return
258	of the child.
259	4.  Sufficient cause to order the parent or other person
260	seeking to relocate the child to pay reasonable expenses and
261	attorney's fees incurred by the party objecting to the
262	relocation.
263	5.  Sufficient cause for the award of reasonable attorney's
264	fees and costs, including interim travel expenses incident to
265	time-sharing or securing the return of the child.
266	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
267	other person seeking to relocate a child, or the child, is
268	entitled to prevent disclosure of location information under any
269	public records exemption applicable to that person, the court
270	may enter any order necessary to modify the disclosure
271	requirements of this section in compliance with the public
272	records exemption.
273	(5)  CONTENT OF OBJECTION TO RELOCATION.--An objection
274	seeking to prevent the relocation of a child must be verified
275	and served within 30 days after service of the Notice of Intent
276	to Relocate. The objection must include the specific factual
277	basis supporting the reasons for seeking a prohibition of the
278	relocation, including a statement of the amount of participation
279	or involvement the objecting party currently has or has had in
280	the life of the child.
281	(6)  TEMPORARY ORDER.--
282	(a)  The court may grant a temporary order restraining the
283	relocation of a child or ordering the return of the child, if a
284	relocation has previously taken place, or other appropriate
285	remedial relief, if the court finds:
286	1.  The required notice of a proposed relocation of a child
287	was not provided in a timely manner;
288	2.  The child already has been relocated without notice or
289	written agreement of the parties or without court approval; or
290	3.  From an examination of the evidence presented at the
291	preliminary hearing that there is a likelihood that upon final
292	hearing the court will not approve the relocation of the child.
293	(b)  The court may grant a temporary order permitting the
294	relocation of the child pending final hearing, if the court:
295	1.  Finds that the required Notice of Intent to Relocate
296	was provided in a timely manner; and
297	2.  Finds from an examination of the evidence presented at
298	the preliminary hearing that there is a likelihood that on final
299	hearing the court will approve the relocation of the child,
300	which findings must be supported by the same factual basis as
301	would be necessary to support the permitting of relocation in a
302	final judgment.
303	(c)  If the court has issued a temporary order authorizing
304	a party seeking to relocate or move a child before a final
305	judgment is rendered, the court may not give any weight to the
306	temporary relocation as a factor in reaching its final decision.
307	(d)  If temporary relocation of a child is permitted, the
308	court may require the person relocating the child to provide
309	reasonable security, financial or otherwise, and guarantee that
310	the court-ordered contact with the child will not be interrupted
311	or interfered with by the relocating party.
312	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
313	RELOCATION.--A presumption does not arise in favor of or against
314	a request to relocate with the child when a parent seeks to move
315	the child and the move will materially affect the current
316	schedule of contact, access, and time-sharing with the
317	nonrelocating parent or other person. In reaching its decision
318	regarding a proposed temporary or permanent relocation, the
319	court shall evaluate all of the following factors:
320	(a)  The nature, quality, extent of involvement, and
321	duration of the child's relationship with the parent proposing
322	to relocate with the child and with the nonrelocating parent,
323	other persons, siblings, half-siblings, and other significant
324	persons in the child's life.
325	(b)  The age and developmental stage of the child, the
326	needs of the child, and the likely impact the relocation will
327	have on the child's physical, educational, and emotional
328	development, taking into consideration any special needs of the
329	child.
330	(c)  The feasibility of preserving the relationship between
331	the nonrelocating parent or other person and the child through
332	substitute arrangements that take into consideration the
333	logistics of contact, access, and time-sharing, as well as the
334	financial circumstances of the parties; whether those factors
335	are sufficient to foster a continuing meaningful relationship
336	between the child and the nonrelocating parent or other person;
337	and the likelihood of compliance with the substitute
338	arrangements by the relocating parent once he or she is out of
339	the jurisdiction of the court.
340	(d)  The child's preference, taking into consideration the
341	age and maturity of the child.
342	(e)  Whether the relocation will enhance the general
343	quality of life for both the parent seeking the relocation and
344	the child, including, but not limited to, financial or emotional
345	benefits or educational opportunities.
346	(f)  The reasons of each parent or other person for seeking
347	or opposing the relocation.
348	(g)  The current employment and economic circumstances of
349	each parent or other person and whether or not the proposed
350	relocation is necessary to improve the economic circumstances of
351	the parent or other person seeking relocation of the child.
352	(h)  That the relocation is sought in good faith and the
353	extent to which the objecting parent has fulfilled his or her
354	financial obligations to the parent or other person seeking
355	relocation, including child support, spousal support, and
356	marital property and marital debt obligations.
357	(i)  The career and other opportunities available to the
358	objecting parent or objecting other person if the relocation
359	occurs.
360	(j)  A history of substance abuse or domestic violence as
361	defined in s. 741.28 or which meets the criteria of s.
362	39.806(1)(d) by either parent, including a consideration of the
363	severity of such conduct and the failure or success of any
364	attempts at rehabilitation.
365	(k)  Any other factor affecting the best interest of the
366	child or as set forth in s. 61.13.
367	(8)  BURDEN OF PROOF.--The parent or other person wishing
368	to relocate has the burden of proof if an objection is filed and
369	must then initiate a proceeding seeking court permission for
370	relocation. The initial burden is on the parent or person
371	wishing to relocate to prove by a preponderance of the evidence
372	that relocation is in the best interest of the child. If that
373	burden of proof is met, the burden shifts to the nonrelocating
374	parent or other person to show by a preponderance of the
375	evidence that the proposed relocation is not in the best
376	interest of the child.
377	(9)  ORDER REGARDING RELOCATION.--If relocation is
378	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
394	hearing or nonjury trial on a pleading seeking temporary or
395	permanent relief filed under this section shall be accorded
396	priority on 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
435	authorized by the board. Investments not listed in the
436	investment policy are prohibited. Unless otherwise authorized by
437	law or ordinance, the investment of the assets of any local
438	retirement system or plan covered by this part shall be subject
439	to the limitations and conditions set forth in s. 215.47(1)-(6),
440	(8), (9), (11), 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-
536	quality sand such as geotextile materials that are used to
537	contain beach-quality sand for the purposes of maintaining the
538	stability and longevity of the dune core.
539	4.  Are continuously covered with 3 feet of native or
540	beach-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
624	property and returns required by former s. 201.022 submitted by
625	the taxpayer pursuant to law shall be deemed to be confidential
626	in 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
635	s. 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
639	property.--
640	(6)
641	(b)  Changes, additions, or improvements that replace all
642	or a portion of nonhomestead residential property damaged or
643	destroyed by misfortune or calamity shall not increase the
644	property's assessed value when the square footage of the
645	property as changed or improved does not exceed 110 percent of
646	the square footage of the property before the damage or
647	destruction. Additionally, the property's assessed value shall
648	not increase if the total square footage of the property as
649	changed or improved does not exceed 1,500 square feet. Changes,
650	additions, or improvements that do not cause the total to exceed
651	110 percent of the total square footage of the property before
652	the damage or destruction or that do not cause the total to
653	exceed 1,500 total square feet shall be reassessed as provided
654	under subsection (3). The property's assessed value shall be
655	increased by the just value of that portion of the changed or
656	improved property which is in excess of 110 percent of the
657	square footage of the property before the damage or destruction
658	or of that portion exceeding 1,500 square feet. Property damaged
659	or destroyed by misfortune or calamity which, after being
660	changed or improved, has a square footage of less than 100
661	percent of the property's total square footage before the damage
662	or destruction shall be assessed pursuant to subsection (8) (7).
663	This paragraph applies to changes, additions, or improvements
664	commenced within 3 years after the January 1 following the
665	damage or destruction of the property.
666	Reviser's note.--Amended to conform to the
667	redesignation of subsection (7) as subsection (8) by
668	s. 4, ch. 2008-173, Laws of Florida.
669	Section 13.  Paragraph (b) of subsection (6) of section
670	193.1555, Florida Statutes, is amended to read:
671	193.1555  Assessment of certain residential and
672	nonresidential real property.--
673	(6)
674	(b)  Changes, additions, or improvements that replace all
675	or a portion of nonresidential real property damaged or
676	destroyed by misfortune or calamity shall not increase the
677	property's assessed value when the square footage of the
678	property as changed or improved does not exceed 110 percent of
679	the square footage of the property before the damage or
680	destruction and do not change the property's character or use.
681	Changes, additions, or improvements that do not cause the total
682	to exceed 110 percent of the total square footage of the
683	property before the damage or destruction and do not change the
684	property's character or use shall be reassessed as provided
685	under subsection (3). The property's assessed value shall be
686	increased by the just value of that portion of the changed or
687	improved property which is in excess of 110 percent of the
688	square footage of the property before the damage or destruction.
689	Property damaged or destroyed by misfortune or calamity which,
690	after being changed or improved, has a square footage of less
691	than 100 percent of the property's total square footage before
692	the damage or destruction shall be assessed pursuant to
693	subsection (8) (7). This paragraph applies to changes,
694	additions, or improvements commenced within 3 years after the
695	January 1 following the damage or destruction of the property.
696	Reviser's note.--Amended to conform to the
697	redesignation of subsection (7) as subsection (8) by
698	s. 5, ch. 2008-173, Laws of Florida.
699	Section 14.  Paragraph (c) of subsection (1) and subsection
700	(5) of section 201.15, Florida Statutes, are amended to read:
701	201.15  Distribution of taxes collected.--All taxes
702	collected under this chapter are subject to the service charge
703	imposed in s. 215.20(1). Prior to distribution under this
704	section, the Department of Revenue shall deduct amounts
705	necessary to pay the costs of the collection and enforcement of
706	the tax levied by this chapter. Such costs and the service
707	charge may not be levied against any portion of taxes pledged to
708	debt service on bonds to the extent that the costs and service
709	charge are required to pay any amounts relating to the bonds.
710	All taxes remaining after deduction of costs and the service
711	charge shall be distributed as follows:
712	(1)  Sixty-three and thirty-one hundredths percent of the
713	remaining taxes collected under this chapter shall be used for
714	the following purposes:
715	(c)  The remainder of the moneys distributed under this
716	subsection, after the required payments under paragraphs (a) and
717	(b), shall be paid into the State Treasury to the credit of:
718	1.  The State Transportation Trust Fund in the Department
719	of Transportation in the amount of the lesser of 38.2 percent of
720	the remainder or $541.75 million in each fiscal year, to be used
721	for the following specified purposes, notwithstanding any other
722	law to the contrary:
723	a.  For the purposes of capital funding for the New Starts
724	Transit Program, authorized by Title 49, U.S.C. s. 5309 and
725	specified in s. 341.051, 10 percent of these funds;
726	b.  For the purposes of the Small County Outreach Program
727	specified in s. 339.2818, 5 percent of these funds;
728	c.  For the purposes of the Strategic Intermodal System
729	specified in ss. 339.61, 339.62, 339.63, and 339.64, 75 percent
730	of these funds after allocating for the New Starts Transit
731	Program described in sub-subparagraph a. and the Small County
732	Outreach Program described in sub-subparagraph b.; and
733	d.  For the purposes of the Transportation Regional
734	Incentive Program specified in s. 339.2819, 25 percent of these
735	funds after allocating for the New Starts Transit Program
736	described in sub-subparagraph a. and the Small County Outreach
737	Program described in sub-subparagraph b.
738	2.  The Water Protection and Sustainability Program Trust
739	Fund in the Department of Environmental Protection in the amount
740	of the lesser of 5.64 percent of the remainder or $80 million in
741	each fiscal year, to be used as required by s. 403.890.
742	3.  The Grants and Donations Trust Fund in the Department
743	of Community Affairs in the amount of the lesser of .23 percent
744	of the remainder or $3.25 million in each fiscal year, with 92
745	percent to be used to fund technical assistance to local
746	governments and school boards on the requirements and
747	implementation of this act and the remaining amount to be used
748	to fund the Century Commission established in s. 163.3247.
749	4.  The Ecosystem Management and Restoration Trust Fund in
750	the amount of the lesser of 2.12 percent of the remainder or $30
751	million in each fiscal year, to be used for the preservation and
752	repair of the state's beaches as provided in ss. 161.091-
753	161.212.
754	5.  The Marine Resources Conservation Trust Fund in the
755	amount of the lesser of .14 percent of the remainder or $2
756	million in each fiscal year, to be used for marine mammal care
757	as provided in s. 379.208(3) 370.0603(3).
758	6.  General Inspection Trust Fund in the amount of the
759	lesser of .02 percent of the remainder or $300,000 in each
760	fiscal year to be used to fund oyster management and restoration
761	programs as provided in s. 379.362(3) 370.07(3).
762
763	Moneys distributed pursuant to this paragraph may not be pledged
764	for debt service unless such pledge is approved by referendum of
765	the voters.
766	(5)(a)  For the 2007-2008 fiscal year, 3.96 percent of the
767	remaining taxes collected under this chapter shall be paid into
768	the State Treasury to the credit of the Conservation and
769	Recreation Lands Trust Fund to carry out the purposes set forth
770	in s. 259.032. Ten and five-hundredths percent of the amount
771	credited to the Conservation and Recreation Lands Trust Fund
772	pursuant to this subsection shall be transferred to the State
773	Game Trust Fund and used for land management activities.
774	(b)  Beginning July 1, 2008, 3.52 percent of the remaining
775	taxes collected under this chapter shall be paid into the State
776	Treasury to the credit of the Conservation and Recreation Lands
777	Trust Fund to carry out the purposes set forth in s. 259.032.
778	Eleven and fifteen hundredths percent of the amount credited to
779	the Conservation and Recreation Lands Trust Fund pursuant to
780	this subsection shall be transferred to the State Game Trust
781	Fund and used for land management activities.
782	Reviser's note.--Paragraph (1)(c) is amended to
783	conform to the redesignation of s. 370.0603(3) as s.
784	379.208(3) by s. 18, ch. 2008-247, Laws of Florida,
785	and the redesignation of s. 370.07(3) as s. 379.362(3)
786	by s. 147, ch. 2008-247. Subsection (5) is amended to
787	delete obsolete language applicable only to the 2007-
788	2008 fiscal year.
789	Section 15.  Subsection (4) of section 211.31, Florida
790	Statutes, is amended to read:
791	211.31  Levy of tax on severance of certain solid minerals;
792	rate, basis, and distribution of tax.--
793	(4)  The expenses of administering this part and ss.
794	378.011, 378.021, 378.031, and 378.101 shall be borne by the
795	Land Reclamation Trust Fund, the Nonmandatory Land Reclamation
796	Trust Fund, and the Phosphate Research Trust Fund.
797	Reviser's note.--Amended to conform to the repeal of
798	s. 378.011 by s. 24, ch. 2008-150, Laws of Florida.
799	Section 16.  Subsection (4) of section 215.50, Florida
800	Statutes, is amended to read:
801	215.50  Custody of securities purchased; income.--
802	(4)  Securities that the board selects to use for options
803	operations under s. 215.45 or for lending under s. 215.47(17)
804	215.47(16) shall be registered by the Chief Financial Officer in
805	the name of a third-party nominee in order to facilitate such
806	operations.
807	Reviser's note.--Amended to conform to the
808	redesignation of subunits of s. 215.47 by s. 3, ch.
809	2008-31, Laws of Florida.
810	Section 17.  Paragraph (a) of subsection (7) of section
811	215.555, Florida Statutes, is amended to read:
812	215.555  Florida Hurricane Catastrophe Fund.--
813	(7)  ADDITIONAL POWERS AND DUTIES.--
814	(a)  The board may procure reinsurance from reinsurers
815	acceptable to the Office of Insurance Regulation for the purpose
816	of maximizing the capacity of the fund and may enter into
817	capital market transactions, including, but not limited to,
818	industry loss warranties, catastrophe bonds, side-car
819	arrangements, or financial contracts permissible for the board's
820	usage under s. 215.47(11) and (12) 215.47(10) and (11),
821	consistent with prudent management of the fund.
822	Reviser's note.--Amended to conform to the
823	redesignation of subunits of s. 215.47 by s. 3, ch.
824	2008-31, Laws of Florida.
825	Section 18.  Paragraph (b) of subsection (1) of section
826	215.5595, Florida Statutes, is amended to read:
827	215.5595  Insurance Capital Build-Up Incentive Program.--
828	(1)  Upon entering the 2008 hurricane season, the
829	Legislature finds that:
830	(b)  Citizens Property Insurance Corporation has over 1.2
831	million policies in force, has the largest market share of any
832	insurer writing residential property insurance insurer in the
833	state, and faces the threat of a catastrophic loss that must be
834	funded by assessments against insurers and policyholders, unless
835	otherwise funded by the state. The program has a substantial
836	positive effect on the depopulation efforts of Citizens Property
837	Insurance Corporation since companies participating in the
838	program have removed over 199,000 policies from the corporation.
839	Companies participating in the program have issued a significant
840	number of new policies, thereby keeping an estimated 480,000 new
841	policies out of the corporation.
842	Reviser's note.--Amended to confirm the substitution
843	by the editors of the word "insurance" for the word
844	"insurer" to conform to context.
845	Section 19.  Paragraph (a) of subsection (2) of section
846	218.409, Florida Statutes, is amended to read:
847	218.409  Administration of the trust fund; creation of
848	advisory council.--
849	(2)(a)  The trustees shall ensure that the board or a
850	professional money management firm administers the trust fund on
851	behalf of the participants. The board or a professional money
852	management firm shall have the power to invest such funds in
853	accordance with a written investment policy. The investment
854	policy shall be updated annually to conform to best investment
855	practices. The standard of prudence to be used by investment
856	officials shall be the fiduciary standards as set forth in s.
857	215.47(10) 215.47(9), which shall be applied in the context of
858	managing an overall portfolio. Portfolio managers acting in
859	accordance with written procedures and an investment policy and
860	exercising due diligence shall be relieved of personal
861	responsibility for an individual security's credit risk or
862	market price changes, provided deviations from expectations are
863	reported in a timely fashion and the liquidity and the sale of
864	securities are carried out in accordance with the terms of this
865	part.
866	Reviser's note.--Amended to conform to the
867	redesignation of subunits of s. 215.47 by s. 3, ch.
868	2008-31, Laws of Florida.
869	Section 20.  Subsection (16) of section 253.03, Florida
870	Statutes, is amended to read:
871	253.03  Board of trustees to administer state lands; lands
872	enumerated.--
873	(16)  The Board of Trustees of the Internal Improvement
874	Trust Fund, and the state through its agencies, may not control,
875	regulate, permit, or charge for any severed materials which are
876	removed from the area adjacent to an intake or discharge
877	structure pursuant to an exemption authorized in s.
878	403.813(1)(f) and (r) 403.813(2)(f) and (r).
879	Reviser's note.--Amended to conform to the
880	redesignation of s. 403.813(2) as s. 403.813(1) by s.
881	4, ch. 2008-40, Laws of Florida.
882	Section 21.  Paragraph (c) of subsection (11) of section
883	259.032, Florida Statutes, is amended to read:
884	259.032  Conservation and Recreation Lands Trust Fund;
885	purpose.--
886	(11)
887	(c)  The Land Management Uniform Accounting Council shall
888	prepare and deliver a report on the methodology and formula for
889	allocating land management funds to the Acquisition and
890	Restoration Council. The Acquisition and Restoration Council
891	shall review, modify as appropriate, and submit the report to
892	the Board of Trustees of the Internal Improvement Trust Fund.
893	The board of trustees shall review, modify as appropriate, and
894	submit the report to the President of the Senate and the Speaker
895	of the House of Representatives no later than December 31, 2008,
896	which provides an interim management formula and a long-term
897	management formula, and the methodologies used to develop the
898	formulas, which shall be used to allocate land management funds
899	provided for in paragraph (b) for interim and long-term
900	management of all lands managed pursuant to this chapter and for
901	associated contractual services. The methodology and formula for
902	interim management shall be based on the estimated land
903	acquisitions for the fiscal year in which the interim funds will
904	be expended. The methodology and formula for long-term
905	management shall recognize, but not be limited to, the
906	following:
907	1.  The assignment of management intensity associated with
908	managed habitats and natural communities and the related
909	management activities to achieve land management goals provided
910	in s. 253.034(5) 253.054(5) and subsection (10).
911	a.  The acres of land that require minimal effort for
912	resource preservation or restoration.
913	b.  The acres of land that require moderate effort for
914	resource preservation or restoration.
915	c.  The acres of land that require significant effort for
916	resource preservation or restoration.
917	2.  The assignment of management intensity associated with
918	public access, including, but not limited to:
919	a.  The acres of land that are open to the public but offer
920	no more than minimally developed facilities;
921	b.  The acres of land that have a high degree of public use
922	and offer highly developed facilities; and
923	c.  The acres of land that are sites that have historic
924	significance, unique natural features, or a very high degree of
925	public use.
926	3.  The acres of land that have a secondary manager
927	contributing to the overall management effort.
928	4.  The anticipated revenues generated from management of
929	the lands.
930	5.  The impacts of, and needs created or addressed by,
931	multiple-use management strategies.
932	6.  The acres of land that have infestations of nonnative
933	or invasive plants, animals, or fish.
934
935	In evaluating the management funding needs of lands based on the
936	above categories, the lead land managing agencies shall include
937	in their considerations the impacts of, and needs created or
938	addressed by, multiple-use management strategies. The funding
939	formulas for interim and long-term management proposed by the
940	agencies shall be reviewed by the Legislature during the 2009
941	regular legislative session. The Legislature may reject, modify,
942	or take no action relative to the proposed funding formulas. If
943	no action is taken, the funding formulas shall be used in the
944	allocation and distribution of funds provided in paragraph (b).
945	Reviser's note.--Amended to conform to the fact that
946	s. 253.054 does not exist; s. 253.034(5) relates to
947	land management goals.
948	Section 22.  Paragraph (a) of subsection (2) of section
949	259.105, Florida Statutes, is amended to read:
950	259.105  The Florida Forever Act.--
951	(2)(a)  The Legislature finds and declares that:
952	1.  Land acquisition programs have provided tremendous
953	financial resources for purchasing environmentally significant
954	lands to protect those lands from imminent development or
955	alteration, thereby ensuring present and future generations'
956	access to important waterways, open spaces, and recreation and
957	conservation lands.
958	2.  The continued alteration and development of Florida's
959	natural and rural areas to accommodate the state's growing
960	population have contributed to the degradation of water
961	resources, the fragmentation and destruction of wildlife
962	habitats, the loss of outdoor recreation space, and the
963	diminishment of wetlands, forests, working landscapes, and
964	coastal open space.
965	3.  The potential development of Florida's remaining
966	natural areas and escalation of land values require government
967	efforts to restore, bring under public protection, or acquire
968	lands and water areas to preserve the state's essential
969	ecological functions and invaluable quality of life.
970	4.  It is essential to protect the state's ecosystems by
971	promoting a more efficient use of land, to ensure opportunities
972	for viable agricultural activities on working lands, and to
973	promote vital rural and urban communities that support and
974	produce development patterns consistent with natural resource
975	protection.
976	5.  Florida's groundwater, surface waters, and springs are
977	under tremendous pressure due to population growth and economic
978	expansion and require special protection and restoration
979	efforts, including the protection of uplands and springsheds
980	that provide vital recharge to aquifer systems and are critical
981	to the protection of water quality and water quantity of the
982	aquifers and springs. To ensure that sufficient quantities of
983	water are available to meet the current and future needs of the
984	natural systems and citizens of the state, and assist in
985	achieving the planning goals of the department and the water
986	management districts, water resource development projects on
987	public lands, where compatible with the resource values of and
988	management objectives for the lands, are appropriate.
989	6.  The needs of urban, suburban, and small communities in
990	Florida for high-quality outdoor recreational opportunities,
991	greenways, trails, and open space have not been fully met by
992	previous acquisition programs. Through such programs as the
993	Florida Communities Trust and the Florida Recreation Development
994	Assistance Program, the state shall place additional emphasis on
995	acquiring, protecting, preserving, and restoring open space,
996	ecological greenways, and recreation properties within urban,
997	suburban, and rural areas where pristine natural communities or
998	water bodies no longer exist because of the proximity of
999	developed property.
1000	7.  Many of Florida's unique ecosystems, such as the
1001	Florida Everglades, are facing ecological collapse due to
1002	Florida's burgeoning population growth and other economic
1003	activities. To preserve these valuable ecosystems for future
1004	generations, essential parcels of land must be acquired to
1005	facilitate ecosystem restoration.
1006	8.  Access to public lands to support a broad range of
1007	outdoor recreational opportunities and the development of
1008	necessary infrastructure, where compatible with the resource
1009	values of and management objectives for such lands, promotes an
1010	appreciation for Florida's natural assets and improves the
1011	quality of life.
1012	9.  Acquisition of lands, in fee simple, less-than-fee
1013	interest, or other techniques shall be based on a comprehensive
1014	science-based assessment of Florida's natural resources which
1015	targets essential conservation lands by prioritizing all current
1016	and future acquisitions based on a uniform set of data and
1017	planned so as to protect the integrity and function of
1018	ecological systems and working landscapes, and provide multiple
1019	benefits, including preservation of fish and wildlife habitat,
1020	recreation space for urban and rural areas, and the restoration
1021	of natural water storage, flow, and recharge.
1022	10.  The state has embraced performance-based program
1023	budgeting as a tool to evaluate the achievements of publicly
1024	funded agencies, build in accountability, and reward those
1025	agencies which are able to consistently achieve quantifiable
1026	goals. While previous and existing state environmental programs
1027	have achieved varying degrees of success, few of these programs
1028	can be evaluated as to the extent of their achievements,
1029	primarily because performance measures, standards, outcomes, and
1030	goals were not established at the outset. Therefore, the Florida
1031	Forever program shall be developed and implemented in the
1032	context of measurable state goals and objectives.
1033	11.  The state must play a major role in the recovery and
1034	management of its imperiled species through the acquisition,
1035	restoration, enhancement, and management of ecosystems that can
1036	support the major life functions of such species. It is the
1037	intent of the Legislature to support local, state, and federal
1038	programs that result in net benefit to imperiled species habitat
1039	by providing public and private land owners meaningful
1040	incentives for acquiring, restoring, managing, and repopulating
1041	habitats for imperiled species. It is the further intent of the
1042	Legislature that public lands, both existing and to be acquired,
1043	identified by the lead land managing agency, in consultation
1044	with the Florida Fish and Wildlife Conservation Commission for
1045	animals or the Department of Agriculture and Consumer Services
1046	for plants, as habitat or potentially restorable habitat for
1047	imperiled species, be restored, enhanced, managed, and
1048	repopulated as habitat for such species to advance the goals and
1049	objectives of imperiled species management consistent with the
1050	purposes for which such lands are acquired without restricting
1051	other uses identified in the management plan. It is also the
1052	intent of the Legislature that of the proceeds distributed
1053	pursuant to subsection (3), additional consideration be given to
1054	acquisitions that achieve a combination of conservation goals,
1055	including the restoration, enhancement, management, or
1056	repopulation of habitat for imperiled species. The Acquisition
1057	and Restoration Council, in addition to the criteria in
1058	subsection (9), shall give weight to projects that include
1059	acquisition, restoration, management, or repopulation of habitat
1060	for imperiled species. The term "imperiled species" as used in
1061	this chapter and chapter 253, means plants and animals that are
1062	federally listed under the Endangered Species Act, or state-
1063	listed by the Fish and Wildlife Conservation Commission or the
1064	Department of Agriculture and Consumer Services.
1065	a.  As part of the state's role, all state lands that have
1066	imperiled species habitat shall include as a consideration in
1067	management plan development the restoration, enhancement,
1068	management, and repopulation of such habitats. In addition, the
1069	lead land managing agency of such state lands may use fees
1070	received from public or private entities for projects to offset
1071	adverse impacts to imperiled species or their habitat in order
1072	to restore, enhance, manage, repopulate, or acquire land and to
1073	implement land management plans developed under s. 253.034 or a
1074	land management prospectus developed and implemented under this
1075	chapter. Such fees shall be deposited into a foundation or fund
1076	created by each land management agency under s. 379.223
1077	372.0215, s. 589.012, or s. 259.032(11)(d), to be used solely to
1078	restore, manage, enhance, repopulate, or acquire imperiled
1079	species habitat.
1080	b.  Where habitat or potentially restorable habitat for
1081	imperiled species is located on state lands, the Fish and
1082	Wildlife Conservation Commission and the Department of
1083	Agriculture and Consumer Services shall be included on any
1084	advisory group required under chapter 253, and the short-term
1085	and long-term management goals required under chapter 253 must
1086	advance the goals and objectives of imperiled species management
1087	consistent with the purposes for which the land was acquired
1088	without restricting other uses identified in the management
1089	plan.
1090	12.  There is a need to change the focus and direction of
1091	the state's major land acquisition programs and to extend
1092	funding and bonding capabilities, so that future generations may
1093	enjoy the natural resources of this state.
1094	Reviser's note.--Amended to conform to the
1095	redesignation of s. 372.0215 as s. 379.223 by s. 32,
1096	ch. 2008-247, Laws of Florida.
1097	Section 23.  Paragraph (d) of subsection (9) of section
1098	259.1053, Florida Statutes, is amended to read:
1099	259.1053  Babcock Ranch Preserve; Babcock Ranch, Inc.;
1100	creation; membership; organization; meetings.--
1101	(9)  POWERS AND DUTIES.--
1102	(d)  The members may, with the written approval of the
1103	commission and in consultation with the department, designate
1104	hunting, fishing, and trapping zones and may establish
1105	additional periods when no hunting, fishing, or trapping shall
1106	be permitted for reasons of public safety, administration, and
1107	the protection and enhancement of nongame habitat and nongame
1108	species, as defined under s. 379.101 372.001.
1109	Reviser's note.--Amended to conform to the repeal of
1110	s. 372.001 by s. 208, ch. 2008-247, Laws of Florida.
1111	The word "nongame" is now defined at s. 379.101.
1112	Section 24.  Subsection (1), paragraph (e) of subsection
1113	(2), and paragraph (b) of subsection (3) of section 282.201,
1114	Florida Statutes, are amended to read:
1115	282.201  State data center system; agency duties and
1116	limitations.--A state data center system that includes all
1117	primary data centers, other nonprimary data centers, and
1118	computing facilities, and that provides an enterprise
1119	information technology service as defined in s. 282.0041, is
1120	established.
1121	(1)  INTENT.--The Legislature finds that the most efficient
1122	and effective means of providing quality utility data processing
1123	services to state agencies requires that computing resources be
1124	concentrated in quality facilities that provide the proper
1125	security, infrastructure, and staff resources to ensure that the
1126	state's data is maintained reliably and, safely, and is
1127	recoverable in the event of a disaster. Efficiencies resulting
1128	from such consolidation include the increased ability to
1129	leverage technological expertise and, hardware and software
1130	capabilities; increased savings through consolidated purchasing
1131	decisions; and the enhanced ability to deploy technology
1132	improvements and implement new policies consistently throughout
1133	the consolidated organization. Therefore it is the intent of the
1134	Legislature that agency data centers and computing facilities be
1135	consolidated into primary data centers to the maximum extent
1136	possible by 2019.
1137	(2)  AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY
1138	DUTIES.--The Agency for Enterprise Information Technology shall:
1139	(e)  Develop and establish policies by rule relating to the
1140	operation of the state data center system which must comply with
1141	applicable federal regulations, including 2 C.F.R. part 225 and
1142	45 C.F.R. The policies may address:
1143	1.  Ensuring that financial information is captured and
1144	reported consistently and accurately.
1145	2.  Requiring the establishment of service-level agreements
1146	executed between a data center and its customer entities for
1147	services provided.
1148	3.  Requiring annual full cost recovery on an equitable
1149	rational basis. The cost-recovery methodology must ensure that
1150	no service is subsidizing another service and may include
1151	adjusting the subsequent year's rates as a means to recover
1152	deficits or refund surpluses from a prior year.
1153	4.  Requiring that any special assessment imposed to fund
1154	expansion is based on a methodology that apportions the
1155	assessment according to the proportional benefit to each
1156	customer entity.
1157	5.  Requiring that rebates be given when revenues have
1158	exceeded costs, that rebates be applied to offset charges to
1159	those customer entities that have subsidized the costs of other
1160	customer entities, and that such rebates may be in the form of
1161	credits against future billings.
1162	6.  Requiring that all service-level agreements have a
1163	contract term of up to 3 years, but may include an option to
1164	renew for up to 3 additional years contingent on approval by the
1165	board, and require at least a 180-day notice of termination.
1166	7.  Designating any nonstate data centers as primary data
1167	centers if the center:
1168	a.  Has an established governance structure that represents
1169	customer entities proportionally.
1170	b.  Maintains an appropriate cost-allocation methodology
1171	that accurately bills a customer entity based on the actual
1172	direct and indirect costs to the customer entity and prohibits
1173	the subsidization of one customer entity's costs by another
1174	entity.
1175	c.  Has sufficient raised floor space, cooling, and
1176	redundant power capacity, including uninterruptible power supply
1177	and backup power generation, to accommodate the computer
1178	processing platforms and support necessary to host the computing
1179	requirements of additional customer entities.
1180	(3)  STATE AGENCY DUTIES.--
1181	(b)  Each state agency shall submit to the Agency for
1182	Enterprise Information Technology information relating to its
1183	data centers and computing facilities as required in
1184	instructions issued by July 1 of each year by the Agency for
1185	Enterprise Information Technology. The information required may
1186	include:
1187	1.  The Amount of floor space used and available.
1188	2.  The Numbers and capacities of mainframes and servers.
1189	3.  Storage and network capacity.
1190	4.  Amount of power used and the available capacity.
1191	5.  Estimated expenditures by service area, including
1192	hardware and software, numbers of full-time equivalent
1193	positions, personnel turnover, and position reclassifications.
1194	6.  A list of contracts in effect for the fiscal year,
1195	including, but not limited to, contracts for hardware, software
1196	and maintenance, including the expiration date, the contract
1197	parties, and the cost of the contract.
1198	7.  Service-level agreements by customer entity.
1199	Reviser's note.--Amended to improve sentence
1200	construction.
1201	Section 25.  Paragraph (d) of subsection (4) of section
1202	288.1089, Florida Statutes, is amended to read:
1203	288.1089  Innovation Incentive Program.--
1204	(4)  To qualify for review by the office, the applicant
1205	must, at a minimum, establish the following to the satisfaction
1206	of Enterprise Florida, Inc., and the office:
1207	(d)  For an alternative and renewable energy project in
1208	this state, the project must:
1209	1.  Demonstrate a plan for significant collaboration with
1210	an institution of higher education;
1211	2.  Provide the state, at a minimum, a break-even return on
1212	investment within a 20-year period;
1213	3.  Include matching funds provided by the applicant or
1214	other available sources. This requirement may be waived if the
1215	office and the department determine that the merits of the
1216	individual project or the specific circumstances warrant such
1217	action;
1218	4.  Be located in this state;
1219	5.  Provide jobs that pay an estimated annual average wage
1220	that equals at least 130 percent of the average private sector
1221	wage. The average wage requirement may be waived if the office
1222	and the commission determine that the merits of the individual
1223	project or the specific circumstances warrant such action; and
1224	6.  Meet one of the following criteria:
1225	a.  Result in the creation of at least 35 direct, new jobs
1226	at the business.
1227	b.  Have an activity or product that uses feedstock or
1228	other raw materials grown or produced in this state.
1229	c.  Have a cumulative investment of at least $50 million
1230	within a 5-year period.
1231	d.  Address the technical feasibility of the technology,
1232	and the extent to which the proposed project has been
1233	demonstrated to be technically feasible based on pilot project
1234	demonstrations, laboratory testing, scientific modeling, or
1235	engineering or chemical theory that supports the proposal.
1236	e.  Include innovative technology and the degree to which
1237	the project or business incorporates an innovative new
1238	technology or an innovative application of an existing
1239	technology.
1240	f.  Include production potential and the degree to which a
1241	project or business generates thermal, mechanical, or electrical
1242	energy by means of a renewable energy resource that has
1243	substantial long-term production potential. The project must, to
1244	the extent possible, quantify annual production potential in
1245	megawatts or kilowatts.
1246	g.  Include and address energy efficiency and the degree to
1247	which a project demonstrates efficient use of energy, water, and
1248	material resources.
1249	h.  Include project management and the ability of
1250	management to administer and a complete the business project.
1251	Reviser's note.--Amended to confirm the substitution
1252	by the editors of the word "and" for the word "a" to
1253	improve clarity.
1254	Section 26.  Paragraphs (c), (d), (f), (h), and (k) of
1255	subsection (5) of section 288.8175, Florida Statutes, are
1256	amended to read:
1257	288.8175  Linkage institutes between postsecondary
1258	institutions in this state and foreign countries.--
1259	(5)  The institutes are:
1260	(c)  Florida Caribbean Institute (Florida International
1261	University and Daytona Beach Community College).
1262	(d)  Florida-Canada Institute (University of Central
1263	Florida and Palm Beach Community Junior College).
1264	(f)  Florida-Japan Institute (University of South Florida,
1265	University of West Florida, and St. Petersburg Community
1266	College).
1267	(h)  Florida-Israel Institute (Florida Atlantic University
1268	and Broward Community College).
1269	(k)  Florida-Mexico Institute (Florida International
1270	University and Polk Community College).
1271	Reviser's note.--Paragraph (5)(c) is amended to
1272	confirm the deletion of the word "Community" by the
1273	editors to conform to the renaming of Daytona Beach
1274	Community College as Daytona Beach College by s. 1,
1275	ch. 2008-52, Laws of Florida, and s. 5, ch. 2008-163,
1276	Laws of Florida. Paragraph (5)(d) is amended to
1277	substitute the word "Community" for the word "Junior"
1278	to conform to the renaming of Palm Beach Junior
1279	College as Palm Beach Community College by s. 64, ch.
1280	89-381, Laws of Florida. Paragraph (5)(f) is amended
1281	to conform to the present name of St. Petersburg
1282	College, as listed in s. 1000.21, created by s. 10,
1283	ch. 2002-387, Laws of Florida. Paragraphs (5)(h) and
1284	(k) are amended to delete the word "Community" from
1285	the names of Broward College and Polk College,
1286	respectively, pursuant to the name changes in s. 1,
1287	ch. 2008-52.
1288	Section 27.  Subsection (2) of section 316.2128, Florida
1289	Statutes, is amended to read:
1290	316.2128  Operation of motorized scooters and miniature
1291	motorcycles; requirements for sales.--
1292	(2)  Any person selling or offering a motorized scooter or
1293	a miniature motorcycle for sale in violation of this section
1294	subsection commits an unfair and deceptive trade practice as
1295	defined in part II of chapter 501.
1296	Reviser's note.--Amended to conform to context; the
1297	actions, violation of which constitute an unfair and
1298	deceptive trade practice, are described in subsection
1299	(1), and the section only has two subsections.
1300	Section 28.  Subsection (4) of section 316.650, Florida
1301	Statutes, is amended to read:
1302	316.650  Traffic citations.--
1303	(4)  The chief administrative officer of every traffic
1304	enforcement agency shall require the return to him or her of the
1305	officer-agency copy of every traffic citation issued by an
1306	officer under the chief administrative officer's supervision to
1307	an alleged violator of any traffic law or ordinance and all
1308	copies of every traffic citation that has been spoiled or upon
1309	which any entry has been made and not issued to an alleged
1310	violator. In the case of a traffic enforcement agency that has
1311	an automated citation issuance system, the chief administrative
1312	officer shall require the return of all electronic traffic
1313	citation records.
1314	Reviser's note.--Amended to improve clarity.
1315	Section 29.  Subsection (12) of section 319.001, Florida
1316	Statutes, is amended to read:
1317	319.001  Definitions.--As used in this chapter, the term:
1318	(12)  "Used motor vehicle" means any motor vehicle that is
1319	not a "new motor vehicle" as defined in subsection (9) (8).
1320	Reviser's note.--Amended to conform to the
1321	redesignation of subsection (8) as subsection (9) by
1322	s. 15, ch. 2008-176, Laws of Florida.
1323	Section 30.  Paragraph (b) of subsection (62) and paragraph
1324	(b) of subsection (65) of section 320.08058, Florida Statutes,
1325	are amended to read:
1326	320.08058  Specialty license plates.--
1327	(62)  PROTECT FLORIDA SPRINGS LICENSE PLATES.--
1328	(b)  The annual use fees shall be distributed to the
1329	Wildlife Foundation of Florida, Inc., a citizen support
1330	organization created pursuant to s. 379.223 372.0215, which
1331	shall administer the fees as follows:
1332	1.  Wildlife Foundation of Florida, Inc., shall retain the
1333	first $60,000 of the annual use fees as direct reimbursement for
1334	administrative costs, startup costs, and costs incurred in the
1335	development and approval process.
1336	2.  Thereafter, a maximum of 10 percent of the fees may be
1337	used for administrative costs directly associated with education
1338	programs, conservation, springs research, and grant
1339	administration of the foundation. A maximum of 15 percent of the
1340	fees may be used for continuing promotion and marketing of the
1341	license plate.
1342	3.  At least 55 percent of the fees shall be available for
1343	competitive grants for targeted community-based springs research
1344	not currently available for state funding. The remaining 20
1345	percent shall be directed toward community outreach programs
1346	aimed at implementing such research findings. The competitive
1347	grants shall be administered and approved by the board of
1348	directors of the Wildlife Foundation of Florida. The granting
1349	advisory committee shall be composed of nine members, including
1350	one representative from the Fish and Wildlife Conservation
1351	Commission, one representative from the Department of
1352	Environmental Protection, one representative from the Department
1353	of Health, one representative from the Department of Community
1354	Affairs, three citizen representatives, and two representatives
1355	from nonprofit stakeholder groups.
1356	4.  The remaining funds shall be distributed with the
1357	approval of and accountability to the board of directors of the
1358	Wildlife Foundation of Florida, and shall be used to support
1359	activities contributing to education, outreach, and springs
1360	conservation.
1361	(65)  FLORIDA TENNIS LICENSE PLATES.--
1362	(b)  The department shall distribute the annual use fees to
1363	the Florida Sports Foundation, a direct-support organization of
1364	the Office of Tourism, Trade, and Economic Development. The
1365	license plate annual use fees shall be annually allocated as
1366	follows:
1367	1.  Up to 5 percent of the proceeds from the annual use
1368	fees may be used by the Florida Sports Foundation to administer
1369	the license plate program.
1370	2.  The United States Tennis Association Florida Section
1371	Foundation shall receive the first $60,000 in proceeds from the
1372	annual use fees to reimburse it for startup costs,
1373	administrative costs, and other costs it incurs in the
1374	development and approval process.
1375	3.  Up to 5 percent of the proceeds from the annual use
1376	fees may be used for promoting and marketing the license plates.
1377	The remaining proceeds shall be available for grants by the
1378	United States Tennis Association Florida Section Foundation to
1379	nonprofit organizations to operate youth tennis programs and
1380	adaptive tennis programs for special populations of all ages,
1381	and for building, renovating, and maintaining public tennis
1382	courts.
1383	Reviser's note.--Paragraph (62)(b) is amended to
1384	conform to the redesignation of s. 372.0215 as s.
1385	379.223 by s. 32, ch. 2008-247, Laws of Florida.
1386	Paragraph (65)(b) is amended to conform to the
1387	complete name of the United State Tennis Association
1388	Florida Section Foundation as used elsewhere in
1389	subsection (65).
1390	Section 31.  Paragraph (b) of subsection (4) of section
1391	323.001, Florida Statutes, is amended to read:
1392	323.001  Wrecker operator storage facilities; vehicle
1393	holds.--
1394	(4)  The requirements for a written hold apply when the
1395	following conditions are present:
1396	(b)  The officer has probable cause to believe the vehicle
1397	should be seized and forfeited under chapter 379 370 or chapter
1398	372;
1399	Reviser's note.--Amended to conform to the transfer of
1400	the material in chapters 370 and 372 to new chapter
1401	379 by ch. 2008-247, Laws of Florida.
1402	Section 32.  Subsection (1) of section 336.41, Florida
1403	Statutes, is amended to read:
1404	336.41  Counties; employing labor and providing road
1405	equipment; accounting; when competitive bidding required.--
1406	(1)  The commissioners may employ labor and provide
1407	equipment as may be necessary, except as provided in subsection
1408	(4) (3), for constructing and opening of new roads or bridges
1409	and repair and maintenance of any existing roads and bridges.
1410	Reviser's note.--Amended to conform to the
1411	redesignation of subsection (3) as subsection (4) by
1412	s. 25, ch. 2008-191, Laws of Florida.
1413	Section 33.  Subsection (1) of section 336.44, Florida
1414	Statutes, is amended to read:
1415	336.44  Counties; contracts for construction of roads;
1416	procedure; contractor's bond.--
1417	(1)  The commissioners shall let the work on roads out on
1418	contract, in accordance with s. 336.41(4) 336.41(3).
1419	Reviser's note.--Amended to conform to the
1420	redesignation of s. 336.41(3) as s. 336.41(4) by s.
1421	25, ch. 2008-191, Laws of Florida.
1422	Section 34.  Subsection (2) of section 364.051, Florida
1423	Statutes, is amended to read:
1424	364.051  Price regulation.--
1425	(2)  BASIC LOCAL TELECOMMUNICATIONS SERVICE.--Price
1426	regulation of basic local telecommunications service shall
1427	consist of the following:
1428	(a)  Effective January 1, 1996, the rates for basic local
1429	telecommunications service of each company subject to this
1430	section shall be capped at the rates in effect on July 1, 1995,
1431	and such rates shall not be increased prior to January 1, 2000.
1432	However, the basic local telecommunications service rates of a
1433	local exchange telecommunications company with more than 3
1434	million basic local telecommunications service access lines in
1435	service on July 1, 1995, shall not be increased prior to January
1436	1, 2001.
1437	(b)  Upon the date of filing its election with the
1438	commission, the rates for basic local telecommunications service
1439	of a company that elects to become subject to this section shall
1440	be capped at the rates in effect on that date and shall remain
1441	capped as stated in paragraph (a).
1442	(c)  There shall be a flat-rate pricing option for basic
1443	local telecommunications services, and mandatory measured
1444	service for basic local telecommunications services shall not be
1445	imposed.
1446	Reviser's note.--Amended to delete obsolete language
1447	establishing a rate cap effective prior to January 1,
1448	2000, or January 1, 2001, the end date for the cap
1449	depending on a company's number of basic local
1450	telecommunications service access lines as of July 1,
1451	1995.
1452	Section 35.  Subsection (5) of section 373.118, Florida
1453	Statutes, is amended to read:
1454	373.118  General permits; delegation.--
1455	(5)  The department shall adopt by rule one or more general
1456	permits for local governments to construct, operate, and
1457	maintain public marina facilities, public mooring fields, public
1458	boat ramps, including associated courtesy docks, and associated
1459	parking facilities located in uplands. Such general permits
1460	adopted by rule shall include provisions to ensure compliance
1461	with part IV of this chapter, subsection (1), and the criteria
1462	necessary to include the general permits in a state programmatic
1463	general permit issued by the United States Army Corps of
1464	Engineers under s. 404 of the Clean Water Act, Pub. L. No. 92-
1465	500, as amended, 33 U.S.C. ss. 1251 et seq. A facility
1466	authorized under such general permits is exempt from review as a
1467	development of regional impact if the facility complies with the
1468	comprehensive plan of the applicable local government. Such
1469	facilities shall be consistent with the local government manatee
1470	protection plan required pursuant to chapter 379 370 and shall
1471	obtain Clean Marina Program status prior to opening for
1472	operation and maintain that status for the life of the facility.
1473	Marinas and mooring fields authorized under any such general
1474	permit shall not exceed an area of 50,000 square feet over
1475	wetlands and other surface waters. All facilities permitted
1476	under this section shall be constructed, maintained, and
1477	operated in perpetuity for the exclusive use of the general
1478	public. The department shall initiate the rulemaking process
1479	within 60 days after the effective date of this act.
1480	Reviser's note.--Amended to conform to the transfer of
1481	material in former chapter 370 to chapter 379 by ch.
1482	2008-247, Laws of Florida.
1483	Section 36.  Paragraphs (a) and (e) of subsection (3) of
1484	section 373.4145, Florida Statutes, are amended to read:
1485	373.4145  Part IV permitting program within the
1486	geographical jurisdiction of the Northwest Florida Water
1487	Management District.--
1488	(3)  The rules adopted under subsection (1), as applicable,
1489	shall:
1490	(a)  Incorporate the exemptions in ss. 373.406 and
1491	403.813(1) 403.813(2).
1492	(e)  Provide an exemption for the repair, stabilization, or
1493	paving of county-maintained roads existing on or before January
1494	1, 2002, and the repair or replacement of bridges that are part
1495	of the roadway consistent with the provisions of s.
1496	403.813(1)(t) 403.813(2)(t), notwithstanding the provisions of
1497	s. 403.813(1)(t)7. 403.813(2)(t)7. requiring adoption of a
1498	general permit applicable within the Northwest Florida Water
1499	Management District and the repeal of such exemption upon the
1500	adoption of a general permit.
1501	Reviser's note.--Amended to conform to the
1502	redesignation of s. 403.813(2) as s. 403.813(1) by s.
1503	4, ch. 2008-40, Laws of Florida.
1504	Section 37.  Section 374.977, Florida Statutes, is amended
1505	to read:
1506	374.977  Inland navigation districts; manatee protection
1507	speed zones, responsibility for sign posting.--The Fish and
1508	Wildlife Conservation Commission shall assume the responsibility
1509	for posting and maintaining regulatory markers for manatee
1510	protection speed zones as posted by the inland navigation
1511	districts pursuant to a rule adopted by the commission under s.
1512	379.2431(2) 370.12(2). The Fish and Wildlife Conservation
1513	Commission may apply to inland navigation districts for funding
1514	under s. 374.976 to assist with implementing its responsibility
1515	under this section for maintaining regulatory markers for
1516	manatee protection speed zones.
1517	Reviser's note.--Amended to conform to the
1518	redesignation of s. 370.12 as s. 379.2431 by s. 73,
1519	ch. 2008-247, Laws of Florida.
1520	Section 38.  Subsection (1) of section 378.021, Florida
1521	Statutes, is amended to read:
1522	378.021  Master reclamation plan.--
1523	(1)  The Department of Environmental Protection shall amend
1524	the master reclamation plan that provides guidelines for the
1525	reclamation of lands mined or disturbed by the severance of
1526	phosphate rock prior to July 1, 1975, which lands are not
1527	subject to mandatory reclamation under part II of chapter 211.
1528	In amending the master reclamation plan, the Department of
1529	Environmental Protection shall continue to conduct an onsite
1530	evaluation of all lands mined or disturbed by the severance of
1531	phosphate rock prior to July 1, 1975, which lands are not
1532	subject to mandatory reclamation under part II of chapter 211,
1533	and shall consider the report and plan prepared by the Land Use
1534	Advisory Committee under s. 378.011 and submitted to the former
1535	Department of Natural Resources for adoption by rule on or
1536	before July 1, 1979. The master reclamation plan when amended by
1537	the Department of Environmental Protection shall be consistent
1538	with local government plans prepared pursuant to the Local
1539	Government Comprehensive Planning and Land Development
1540	Regulation Act.
1541	Reviser's note.--Amended to conform to the repeal of
1542	s. 378.011, which created the Land Use Advisory
1543	Committee, by s. 24, ch. 2008-150, Laws of Florida.
1544	Section 39.  Subsection (19) of section 378.403, Florida
1545	Statutes, is amended to read:
1546	378.403  Definitions.--As used in this part, the term:
1547	(19)  "Wetlands" means any area as defined in s. 373.019,
1548	as delineated using the methodology adopted by rule and ratified
1549	pursuant to s. 373.421(1). For areas included in an approved
1550	conceptual reclamation plan or modification application
1551	submitted prior to July 1, 1994, wetlands means any area having
1552	dominant vegetation as defined and listed in rule 62-301.200 67-
1553	301.200, Florida Administrative Code, regardless of whether the
1554	area is within the department's jurisdiction or whether the
1555	water bodies are connected.
1556	Reviser's note.--Amended to correct an apparent error
1557	and facilitate correct interpretation. Rule 67-301.200
1558	does not exist; rule 62-301.200 relates to dominant
1559	vegetation.
1560	Section 40.  Subsection (1) of section 379.2495, Florida
1561	Statutes, is amended to read:
1562	379.2495  Florida Ships-2-Reefs Program; matching grant
1563	requirements.--
1564	(1)  The commission is authorized to establish the Florida
1565	Ships-2-Reefs Program, a matching grant program, for the
1566	securing and placement of United States Maritime Administration
1567	(MARAD) and United States Navy decommissioned vessels in state
1568	or federal waters seaward of the state to serve as artificial
1569	reefs and, pursuant thereto, to make expenditures and enter into
1570	contracts with local governments and nonprofit corporations for
1571	the purpose of securing and placing MARAD and United States Navy
1572	decommissioned vessels as artificial reefs in state or federal
1573	waters seaward of the state pursuant to s. 379.249(8) 370.25(8)
1574	and performing the environmental preparation and cleaning
1575	requisite to the placement of a vessel as an artificial reef,
1576	which preparation and cleaning must meet the standards
1577	established in the 2006 publication, "National Guidance: Best
1578	Management Practices for Preparing Vessels Intended to Create
1579	Artificial Reefs," published jointly by the United States
1580	Environmental Protection Agency and the United States Maritime
1581	Administration. The commission shall have final approval of
1582	grants awarded through the program.
1583	Reviser's note.--Amended to conform to the
1584	redesignation of s. 370.25 as s. 379.249 by s. 81, ch.
1585	2008-247, Laws of Florida.
1586	Section 41.  Paragraph (q) of subsection (2) of section
1587	379.353, Florida Statutes, is amended to read:
1588	379.353  Recreational licenses and permits; exemptions from
1589	fees and requirements.--
1590	(2)  A hunting, freshwater fishing, or saltwater fishing
1591	license or permit is not required for:
1592	(q)  Any resident recreationally freshwater fishing who
1593	holds a valid commercial fishing license issued under s.
1594	379.363(1)(a) 379.3625(1)(a).
1595	Reviser's note.--Amended to correct an apparent error
1596	and facilitate correct interpretation. Prior to the
1597	amendment to paragraph (2)(q) by s. 138, ch. 2008-247,
1598	Laws of Florida, the cross-reference was to s.
1599	372.65(1)(a), relating to resident commercial fishing
1600	licenses. Section 372.65 was redesignated as s.
1601	379.363 by s. 148, ch. 2008-247.
1602	Section 42.  Subsection (8) of section 379.407, Florida
1603	Statutes, is amended to read:
1604	379.407  Administration; rules, publications, records;
1605	penalties; injunctions.--
1606	(8)  LICENSES AND ENTITIES SUBJECT TO PENALTIES.--For
1607	purposes of imposing license or permit suspensions or
1608	revocations authorized by this chapter, the license or permit
1609	under which the violation was committed is subject to suspension
1610	or revocation by the commission. For purposes of assessing
1611	monetary civil or administrative penalties authorized by this
1612	chapter, the commercial harvester cited and subsequently
1613	receiving a judicial disposition of other than dismissal or
1614	acquittal in a court of law is subject to the monetary penalty
1615	assessment by the commission. However, if the licensee license
1616	or permitholder of record is not the commercial harvester
1617	receiving the citation and judicial disposition, the license or
1618	permit may be suspended or revoked only after the licensee
1619	license or permitholder has been notified by the commission that
1620	the license or permit has been cited in a major violation and is
1621	now subject to suspension or revocation should the license or
1622	permit be cited for subsequent major violations.
1623	Reviser's note.--Amended to improve clarity and
1624	facilitate correct interpretation.
1625	Section 43.  Paragraph (a) of subsection (3) of section
1626	380.061, Florida Statutes, is amended to read:
1627	380.061  The Florida Quality Developments program.--
1628	(3)(a)  To be eligible for designation under this program,
1629	the developer shall comply with each of the following
1630	requirements which is applicable to the site of a qualified
1631	development:
1632	1.  Have donated or entered into a binding commitment to
1633	donate the fee or a lesser interest sufficient to protect, in
1634	perpetuity, the natural attributes of the types of land listed
1635	below. In lieu of the above requirement, the developer may enter
1636	into a binding commitment which runs with the land to set aside
1637	such areas on the property, in perpetuity, as open space to be
1638	retained in a natural condition or as otherwise permitted under
1639	this subparagraph. Under the requirements of this subparagraph,
1640	the developer may reserve the right to use such areas for the
1641	purpose of passive recreation that is consistent with the
1642	purposes for which the land was preserved.
1643	a.  Those wetlands and water bodies throughout the state as
1644	would be delineated if the provisions of s. 373.4145(1)(b) were
1645	applied. The developer may use such areas for the purpose of
1646	site access, provided other routes of access are unavailable or
1647	impracticable; may use such areas for the purpose of stormwater
1648	or domestic sewage management and other necessary utilities to
1649	the extent that such uses are permitted pursuant to chapter 403;
1650	or may redesign or alter wetlands and water bodies within the
1651	jurisdiction of the Department of Environmental Protection which
1652	have been artificially created, if the redesign or alteration is
1653	done so as to produce a more naturally functioning system.
1654	b.  Active beach or primary and, where appropriate,
1655	secondary dunes, to maintain the integrity of the dune system
1656	and adequate public accessways to the beach. However, the
1657	developer may retain the right to construct and maintain
1658	elevated walkways over the dunes to provide access to the beach.
1659	c.  Known archaeological sites determined to be of
1660	significance by the Division of Historical Resources of the
1661	Department of State.
1662	d.  Areas known to be important to animal species
1663	designated as endangered or threatened animal species by the
1664	United States Fish and Wildlife Service or by the Fish and
1665	Wildlife Conservation Commission, for reproduction, feeding, or
1666	nesting; for traveling between such areas used for reproduction,
1667	feeding, or nesting; or for escape from predation.
1668	e.  Areas known to contain plant species designated as
1669	endangered plant species by the Department of Agriculture and
1670	Consumer Services.
1671	2.  Produce, or dispose of, no substances designated as
1672	hazardous or toxic substances by the United States Environmental
1673	Protection Agency or by the Department of Environmental
1674	Protection or the Department of Agriculture and Consumer
1675	Services. This subparagraph is not intended to apply to the
1676	production of these substances in nonsignificant amounts as
1677	would occur through household use or incidental use by
1678	businesses.
1679	3.  Participate in a downtown reuse or redevelopment
1680	program to improve and rehabilitate a declining downtown area.
1681	4.  Incorporate no dredge and fill activities in, and no
1682	stormwater discharge into, waters designated as Class II,
1683	aquatic preserves, or Outstanding Florida Waters, except as
1684	activities in those waters are permitted pursuant to s.
1685	403.813(1) 403.813(2) and the developer demonstrates that those
1686	activities meet the standards under Class II waters, Outstanding
1687	Florida Waters, or aquatic preserves, as applicable.
1688	5.  Include open space, recreation areas, Xeriscape as
1689	defined in s. 373.185, and energy conservation and minimize
1690	impermeable surfaces as appropriate to the location and type of
1691	project.
1692	6.  Provide for construction and maintenance of all onsite
1693	infrastructure necessary to support the project and enter into a
1694	binding commitment with local government to provide an
1695	appropriate fair-share contribution toward the offsite impacts
1696	which the development will impose on publicly funded facilities
1697	and services, except offsite transportation, and condition or
1698	phase the commencement of development to ensure that public
1699	facilities and services, except offsite transportation, will be
1700	available concurrent with the impacts of the development. For
1701	the purposes of offsite transportation impacts, the developer
1702	shall comply, at a minimum, with the standards of the state land
1703	planning agency's development-of-regional-impact transportation
1704	rule, the approved strategic regional policy plan, any
1705	applicable regional planning council transportation rule, and
1706	the approved local government comprehensive plan and land
1707	development regulations adopted pursuant to part II of chapter
1708	163.
1709	7.  Design and construct the development in a manner that
1710	is consistent with the adopted state plan, the applicable
1711	strategic regional policy plan, and the applicable adopted local
1712	government comprehensive plan.
1713	Reviser's note.--Amended to conform to the
1714	redesignation of s. 403.813(2) as s. 403.813(1) by s.
1715	4, ch. 2008-40, Laws of Florida.
1716	Section 44.  Paragraph (d) of subsection (3) of section
1717	380.510, Florida Statutes, is amended to read:
1718	380.510  Conditions of grants and loans.--
1719	(3)  In the case of a grant or loan for land acquisition,
1720	agreements shall provide all of the following:
1721	(d)  If any essential term or condition of a grant or loan
1722	is violated, title to all interest in real property acquired
1723	with state funds shall be conveyed or revert to the Board of
1724	Trustees of the Internal Improvement Trust Fund. The trust shall
1725	treat such property in accordance with s. 380.508(4)(f)
1726	380.508(4)(e).
1727
1728	Any deed or other instrument of conveyance whereby a nonprofit
1729	organization or local government acquires real property under
1730	this section shall set forth the interest of the state. The
1731	trust shall keep at least one copy of any such instrument and
1732	shall provide at least one copy to the Board of Trustees of the
1733	Internal Improvement Trust Fund.
1734	Reviser's note.--Amended to conform to the
1735	redesignation of s. 380.508(4)(e) as s. 380.508(4)(f)
1736	by s. 23, ch. 2008-229, Laws of Florida.
1737	Section 45.  Section 381.0063, Florida Statutes, is amended
1738	to read:
1739	381.0063  Drinking water funds.--All fees and penalties
1740	received from suppliers of water pursuant to ss. 403.860(5) and
1741	403.861(7)(a) 403.861(8) shall be deposited in the appropriate
1742	County Health Department Trust Fund to be used by the department
1743	to pay the costs of expenditures required pursuant to ss.
1744	381.0062 and 403.862(1)(c).
1745	Reviser's note.--Amended to conform to the amendment
1746	of s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws
1747	of Florida, which moved language that comprised former
1748	subsection (8) to paragraph (7)(a).
1749	Section 46.  Paragraph (a) of subsection (6) of section
1750	403.087, Florida Statutes, is amended to read:
1751	403.087  Permits; general issuance; denial; revocation;
1752	prohibition; penalty.--
1753	(6)(a)  The department shall require a processing fee in an
1754	amount sufficient, to the greatest extent possible, to cover the
1755	costs of reviewing and acting upon any application for a permit
1756	or request for site-specific alternative criteria or for an
1757	exemption from water quality criteria and to cover the costs of
1758	surveillance and other field services and related support
1759	activities associated with any permit or plan approval issued
1760	pursuant to this chapter. The department shall review the fees
1761	authorized under this chapter at least once every 5 years and
1762	shall adjust the fees upward, as necessary, within the fee caps
1763	established in this paragraph to reflect changes in the Consumer
1764	Price Index or similar inflation indicator. The department shall
1765	establish by rule the inflation index to be used for this
1766	purpose. In the event of deflation, the department shall consult
1767	with the Executive Office of the Governor and the Legislature to
1768	determine whether downward fee adjustments are appropriate based
1769	on the current budget and appropriation considerations. However,
1770	when an application is received without the required fee, the
1771	department shall acknowledge receipt of the application and
1772	shall immediately return the unprocessed application to the
1773	applicant and shall take no further action until the application
1774	is received with the appropriate fee. The department shall adopt
1775	a schedule of fees by rule, subject to the following
1776	limitations:
1777	1.  The fee for any of the following may not exceed
1778	$32,500:
1779	a.  Hazardous waste, construction permit.
1780	b.  Hazardous waste, operation permit.
1781	c.  Hazardous waste, postclosure permit, or clean closure
1782	plan approval.
1783	d.  Hazardous waste, corrective action permit.
1784	2.  The permit fee for a drinking water construction or
1785	operation permit, not including the operation license fee
1786	required under s. 403.861(7), shall be at least $500 and may not
1787	exceed $15,000.
1788	3.  The permit fee for a Class I injection well
1789	construction permit may not exceed $12,500.
1790	4.  The permit fee for any of the following permits may not
1791	exceed $10,000:
1792	a.  Solid waste, construction permit.
1793	b.  Solid waste, operation permit.
1794	c.  Class I injection well, operation permit.
1795	5.  The permit fee for any of the following permits may not
1796	exceed $7,500:
1797	a.  Air pollution, construction permit.
1798	b.  Solid waste, closure permit.
1799	c.  Domestic waste residuals, construction or operation
1800	permit.
1801	d.  Industrial waste, operation permit.
1802	e.  Industrial waste, construction permit.
1803	6.  The permit fee for any of the following permits may not
1804	exceed $5,000:
1805	a.  Domestic waste, operation permit.
1806	b.  Domestic waste, construction permit.
1807	7.  The permit fee for any of the following permits may not
1808	exceed $4,000:
1809	a.  Wetlands resource management--(dredge and fill and
1810	mangrove alteration).
1811	b.  Hazardous waste, research and development permit.
1812	c.  Air pollution, operation permit, for sources not
1813	subject to s. 403.0872.
1814	d.  Class III injection well, construction, operation, or
1815	abandonment permits.
1816	8.  The permit fee for a drinking water distribution system
1817	permit, including a general permit, shall be at least $500 and
1818	may not exceed $1,000.
1819	9.  The permit fee for Class V injection wells,
1820	construction, operation, and abandonment permits may not exceed
1821	$750.
1822	10.  The permit fee for domestic waste collection system
1823	permits may not exceed $500.
1824	11.  The permit fee for stormwater operation permits may
1825	not exceed $100.
1826	12.  Except as provided in subparagraph 8., the general
1827	permit fees for permits that require certification by a
1828	registered professional engineer or professional geologist may
1829	not exceed $500, and the general permit fee for other permit
1830	types may not exceed $100.
1831	13.  The fee for a permit issued pursuant to s. 403.816 is
1832	$5,000, and the fee for any modification of such permit
1833	requested by the applicant is $1,000.
1834	14.  The regulatory program and surveillance fees for
1835	facilities permitted pursuant to s. 403.088 or s. 403.0885, or
1836	for facilities permitted pursuant to s. 402 of the Clean Water
1837	Act, as amended, 33 U.S.C. ss. 1251 et seq., and for which the
1838	department has been granted administrative authority, shall be
1839	limited as follows:
1840	a.  The fees for domestic wastewater facilities shall not
1841	exceed $7,500 annually. The department shall establish a sliding
1842	scale of fees based on the permitted capacity and shall ensure
1843	smaller domestic waste dischargers do not bear an inordinate
1844	share of costs of the program.
1845	b.  The annual fees for industrial waste facilities shall
1846	not exceed $11,500. The department shall establish a sliding
1847	scale of fees based upon the volume, concentration, or nature of
1848	the industrial waste discharge and shall ensure smaller
1849	industrial waste dischargers do not bear an inordinate share of
1850	costs of the program.
1851	c.  The department may establish a fee, not to exceed the
1852	amounts in subparagraphs 5. and 6. 4. and 5., to cover
1853	additional costs of review required for permit modification or
1854	construction engineering plans.
1855	Reviser's note.--Amended to conform to the
1856	redesignation of subparagraphs (6)(a)4. and 5. as
1857	subparagraphs 5. and 6. by s. 19, ch. 2008-150, Laws
1858	of Florida.
1859	Section 47.  Section 403.0871, Florida Statutes, is amended
1860	to read:
1861	403.0871  Florida Permit Fee Trust Fund.--There is
1862	established within the department a nonlapsing trust fund to be
1863	known as the "Florida Permit Fee Trust Fund." All funds received
1864	from applicants for permits pursuant to ss. 161.041, 161.053,
1865	161.0535, 403.087(6), and 403.861(7)(a) 403.861(8) shall be
1866	deposited in the Florida Permit Fee Trust Fund and shall be used
1867	by the department with the advice and consent of the Legislature
1868	to supplement appropriations and other funds received by the
1869	department for the administration of its responsibilities under
1870	this chapter and chapter 161. In no case shall funds from the
1871	Florida Permit Fee Trust Fund be used for salary increases
1872	without the approval of the Legislature.
1873	Reviser's note.--Amended to conform to the amendment
1874	of s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws
1875	of Florida, which moved language that comprised former
1876	subsection (8) to paragraph (7)(a).
1877	Section 48.  Subsection (3) of section 403.511, Florida
1878	Statutes, is amended to read:
1879	403.511  Effect of certification.--
1880	(3)  The certification and any order on land use and zoning
1881	issued under this act shall be in lieu of any license, permit,
1882	certificate, or similar document required by any state,
1883	regional, or local agency pursuant to, but not limited to,
1884	chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
1885	chapter 253, chapter 298, chapter 370, chapter 373, chapter 376,
1886	chapter 379, chapter 380, chapter 381, chapter 387, chapter 403,
1887	except for permits issued pursuant to any federally delegated or
1888	approved permit program and except as provided in chapter 404 or
1889	the Florida Transportation Code, or 33 U.S.C. s. 1341.
1890	Reviser's note.--Amended to conform to the transfer of
1891	material in former chapter 370 to chapter 379 by ch.
1892	2008-247, Laws of Florida.
1893	Section 49.  Paragraph (a) of subsection (7) of section
1894	403.5115, Florida Statutes, is amended to read:
1895	403.5115  Public notice.--
1896	(7)(a)  A good faith effort shall be made by the proponent
1897	of an alternate corridor that includes a transmission line, as
1898	defined by s. 403.522(22), to provide direct written notice of
1899	the filing of an alternate corridor for certification by United
1900	States mail or hand delivery of of the filing no later than 30
1901	days after filing of the alternate corridor to all local
1902	landowners whose property, as noted in the most recent local
1903	government tax records, and residences, are located within one-
1904	quarter mile of the proposed boundaries of a transmission line
1905	corridor that includes a transmission line as defined by s.
1906	403.522(22).
1907	Reviser's note.--Amended to delete repetitious
1908	language and facilitate correct interpretation.
1909	Section 50.  Paragraph (a) of subsection (3) of section
1910	403.531, Florida Statutes, is amended to read:
1911	403.531  Effect of certification.--
1912	(3)(a)  The certification shall be in lieu of any license,
1913	permit, certificate, or similar document required by any state,
1914	regional, or local agency under, but not limited to, chapter
1915	125, chapter 161, chapter 163, chapter 166, chapter 186, chapter
1916	253, chapter 258, chapter 298, chapter 370, chapter 372, chapter
1917	373, chapter 376, chapter 379, chapter 380, chapter 381, chapter
1918	403, chapter 404, the Florida Transportation Code, or 33 U.S.C.
1919	s. 1341.
1920	Reviser's note.--Amended to conform to the transfer of
1921	material in former chapters 370 and 372 to chapter 379
1922	by ch. 2008-247, Laws of Florida.
1923	Section 51.  Paragraph (b) of subsection (1) of section
1924	403.7264, Florida Statutes, is amended to read:
1925	403.7264  Amnesty days for purging small quantities of
1926	hazardous wastes.--Amnesty days are authorized by the state for
1927	the purpose of purging small quantities of hazardous waste, free
1928	of charge, from the possession of homeowners, farmers, schools,
1929	state agencies, and small businesses. These entities have no
1930	appropriate economically feasible mechanism for disposing of
1931	their hazardous wastes at the present time. In order to raise
1932	public awareness on this issue, provide an educational process,
1933	accommodate those entities which have a need to dispose of small
1934	quantities of hazardous waste, and preserve the waters of the
1935	state, amnesty days shall be carried out in the following
1936	manner:
1937	(1)
1938	(b)  If a local government has established a local or
1939	regional hazardous waste collection center pursuant to s.
1940	403.7265(2) 403.7265(3) and such center is in operation, the
1941	department and the local government may enter into a contract
1942	whereby the local government shall administer and supervise
1943	amnesty days. If a contract is entered into, the department
1944	shall provide to the local government, from funds appropriated
1945	to the department for amnesty days, an amount of money as
1946	determined by the department that is equal to the amount of
1947	money that would have been spent by the department to administer
1948	and supervise amnesty days in the local government's area. A
1949	local government that wishes to administer and supervise amnesty
1950	days shall notify the department at least 30 days prior to the
1951	beginning of the state fiscal year during which the amnesty days
1952	are scheduled to be held in the local government's area.
1953	Reviser's note.--Amended to conform to the
1954	redesignation of s. 403.7265(3) as s. 403.7265(2) by
1955	s. 26, ch. 2007-184, Laws of Florida.
1956	Section 52.  Paragraph (t) of subsection (1) and subsection
1957	(2) of section 403.813, Florida Statutes, are amended to read:
1958	403.813  Permits issued at district centers; exceptions.--
1959	(1)  A permit is not required under this chapter, chapter
1960	373, chapter 61-691, Laws of Florida, or chapter 25214 or
1961	chapter 25270, 1949, Laws of Florida, for activities associated
1962	with the following types of projects; however, except as
1963	otherwise provided in this subsection, nothing in this
1964	subsection relieves an applicant from any requirement to obtain
1965	permission to use or occupy lands owned by the Board of Trustees
1966	of the Internal Improvement Trust Fund or any water management
1967	district in its governmental or proprietary capacity or from
1968	complying with applicable local pollution control programs
1969	authorized under this chapter or other requirements of county
1970	and municipal governments:
1971	(t)  The repair, stabilization, or paving of existing
1972	county maintained roads and the repair or replacement of bridges
1973	that are part of the roadway, within the Northwest Florida Water
1974	Management District and the Suwannee River Water Management
1975	District, provided:
1976	1.  The road and associated bridge were in existence and in
1977	use as a public road or bridge, and were maintained by the
1978	county as a public road or bridge on or before January 1, 2002;
1979	2.  The construction activity does not realign the road or
1980	expand the number of existing traffic lanes of the existing
1981	road; however, the work may include the provision of safety
1982	shoulders, clearance of vegetation, and other work reasonably
1983	necessary to repair, stabilize, pave, or repave the road,
1984	provided that the work is constructed by generally accepted
1985	engineering standards;
1986	3.  The construction activity does not expand the existing
1987	width of an existing vehicular bridge in excess of that
1988	reasonably necessary to properly connect the bridge with the
1989	road being repaired, stabilized, paved, or repaved to safely
1990	accommodate the traffic expected on the road, which may include
1991	expanding the width of the bridge to match the existing
1992	connected road. However, no debris from the original bridge
1993	shall be allowed to remain in waters of the state, including
1994	wetlands;
1995	4.  Best management practices for erosion control shall be
1996	employed as necessary to prevent water quality violations;
1997	5.  Roadside swales or other effective means of stormwater
1998	treatment must be incorporated as part of the project;
1999	6.  No more dredging or filling of wetlands or water of the
2000	state is performed than that which is reasonably necessary to
2001	repair, stabilize, pave, or repave the road or to repair or
2002	replace the bridge, in accordance with generally accepted
2003	engineering standards; and
2004	7.  Notice of intent to use the exemption is provided to
2005	the department, if the work is to be performed within the
2006	Northwest Florida Water Management District, or to the Suwannee
2007	River Water Management District, if the work is to be performed
2008	within the Suwannee River Water Management District, 30 days
2009	prior to performing any work under the exemption.
2010
2011	Within 30 days after this act becomes a law, the department
2012	shall initiate rulemaking to adopt a no fee general permit for
2013	the repair, stabilization, or paving of existing roads that are
2014	maintained by the county and the repair or replacement of
2015	bridges that are part of the roadway where such activities do
2016	not cause significant adverse impacts to occur individually or
2017	cumulatively. The general permit shall apply statewide and, with
2018	no additional rulemaking required, apply to qualified projects
2019	reviewed by the Suwannee River Water Management District, the
2020	St. Johns River Water Management District, the Southwest Florida
2021	Water Management District, and the South Florida Water
2022	Management District under the division of responsibilities
2023	contained in the operating agreements applicable to part IV of
2024	chapter 373. Upon adoption, this general permit shall, pursuant
2025	to the provisions of subsection (2) (3), supersede and replace
2026	the exemption in this paragraph.
2027	(2)  The provisions of subsection (1) (2) are superseded by
2028	general permits established pursuant to ss. 373.118 and 403.814
2029	which include the same activities. Until such time as general
2030	permits are established, or should general permits be suspended
2031	or repealed, the exemptions under subsection (1) (2) shall
2032	remain or shall be reestablished in full force and effect.
2033	Reviser's note.--Amended to conform to the repeal of
2034	former subsection (1) by s. 4, ch. 2008-40, Laws of
2035	Florida.
2036	Section 53.  Subsection (7) of section 403.862, Florida
2037	Statutes, is amended to read:
2038	403.862  Department of Health; public water supply duties
2039	and responsibilities; coordinated budget requests with
2040	department.--
2041	(7)  Fees and penalties received from suppliers of water
2042	pursuant to ss. 403.860(3), (4), and (5) and 403.861(7)(a)
2043	403.861(8) in counties where county health departments have been
2044	approved by the department pursuant to paragraph (1)(c) shall be
2045	deposited in the appropriate County Health Department Trust Fund
2046	to be used for the purposes stated in paragraph (1)(c).
2047	Reviser's note.--Amended to conform to the amendment
2048	of s. 403.861(7) and (8) by s. 20, ch. 2008-150, Laws
2049	of Florida, which moved language that comprised former
2050	subsection (8) to paragraph (7)(a).
2051	Section 54.  Subsection (2) of section 403.890, Florida
2052	Statutes, is amended to read:
2053	403.890  Water Protection and Sustainability Program;
2054	intent; goals; purposes.--
2055	(2)  Applicable beginning in the 2007-2008 fiscal year,
2056	revenues transferred from the Department of Revenue pursuant to
2057	s. 201.15(1)(c)2. 201.15(1)(d)2. shall be deposited into the
2058	Water Protection and Sustainability Program Trust Fund in the
2059	Department of Environmental Protection. These revenues and any
2060	other additional revenues deposited into or appropriated to the
2061	Water Protection and Sustainability Program Trust Fund shall be
2062	distributed by the Department of Environmental Protection in the
2063	following manner:
2064	(a)  Sixty-five percent to the Department of Environmental
2065	Protection for the implementation of an alternative water supply
2066	program as provided in s. 373.1961.
2067	(b)  Twenty-two and five-tenths percent for the
2068	implementation of best management practices and capital project
2069	expenditures necessary for the implementation of the goals of
2070	the total maximum daily load program established in s. 403.067.
2071	Of these funds, 83.33 percent shall be transferred to the credit
2072	of the Department of Environmental Protection Water Quality
2073	Assurance Trust Fund to address water quality impacts associated
2074	with nonagricultural nonpoint sources. Sixteen and sixty-seven
2075	hundredths percent of these funds shall be transferred to the
2076	Department of Agriculture and Consumer Services General
2077	Inspection Trust Fund to address water quality impacts
2078	associated with agricultural nonpoint sources. These funds shall
2079	be used for research, development, demonstration, and
2080	implementation of the total maximum daily load program under s.
2081	403.067, suitable best management practices or other measures
2082	used to achieve water quality standards in surface waters and
2083	water segments identified pursuant to s. 303(d) of the Clean
2084	Water Act, Pub. L. No. 92-500, 33 U.S.C. ss. 1251 et seq.
2085	Implementation of best management practices and other measures
2086	may include cost-share grants, technical assistance,
2087	implementation tracking, and conservation leases or other
2088	agreements for water quality improvement. The Department of
2089	Environmental Protection and the Department of Agriculture and
2090	Consumer Services may adopt rules governing the distribution of
2091	funds for implementation of capital projects, best management
2092	practices, and other measures. These funds shall not be used to
2093	abrogate the financial responsibility of those point and
2094	nonpoint sources that have contributed to the degradation of
2095	water or land areas. Increased priority shall be given by the
2096	department and the water management district governing boards to
2097	those projects that have secured a cost-sharing agreement
2098	allocating responsibility for the cleanup of point and nonpoint
2099	sources.
2100	(c)  Twelve and five-tenths percent to the Department of
2101	Environmental Protection for the Disadvantaged Small Community
2102	Wastewater Grant Program as provided in s. 403.1838.
2103	(d)  On June 30, 2009, and every 24 months thereafter, the
2104	Department of Environmental Protection shall request the return
2105	of all unencumbered funds distributed pursuant to this section.
2106	These funds shall be deposited into the Water Protection and
2107	Sustainability Program Trust Fund and redistributed pursuant to
2108	the provisions of this section.
2109	Reviser's note.--Amended to conform to the
2110	redesignation of s. 201.15(1)(d)2. as s.
2111	201.15(1)(c)2. by s. 3, ch 2008-114, Laws of Florida.
2112	Section 55.  Subsection (3) of section 403.9416, Florida
2113	Statutes, is amended to read:
2114	403.9416  Effect of certification.--
2115	(3)  The certification shall be in lieu of any license,
2116	permit, certificate, or similar document required by any agency
2117	pursuant to, but not limited to, chapter 125, chapter 161,
2118	chapter 163, chapter 166, chapter 186, chapter 253, chapter 258,
2119	chapter 298, chapter 370, chapter 372, chapter 373, chapter 376,
2120	chapter 377, chapter 379, chapter 380, chapter 381, chapter 387,
2121	chapter 403, the Florida Transportation Code, or 33 U.S.C. s.
2122	1341. On certification, any license, easement, or other interest
2123	in state lands, except those the title to which is vested in the
2124	Board of Trustees of the Internal Improvement Trust Fund or a
2125	water management district created pursuant to chapter 373, shall
2126	be issued by the appropriate agency as a ministerial act. The
2127	applicant shall be required to seek any necessary interest in
2128	state lands the title to which is vested in the Board of
2129	Trustees of the Internal Improvement Trust Fund from the board
2130	of trustees or from the governing board of the water management
2131	district before, during, or after the certification proceeding,
2132	and certification may be made contingent upon issuance of the
2133	appropriate interest in realty. However, neither the applicant
2134	nor any party to the certification proceeding may directly or
2135	indirectly raise or relitigate any matter which was or could
2136	have been an issue in the certification proceeding in any
2137	proceeding before the Board of Trustees of the Internal
2138	Improvement Trust Fund wherein the applicant is seeking a
2139	necessary interest in state lands, but the information presented
2140	in the certification proceeding shall be available for review by
2141	the board of trustees and its staff.
2142	Reviser's note.--Amended to conform to the transfer of
2143	material in former chapters 370 and 372 to chapter 379
2144	by ch. 2008-247, Laws of Florida.
2145	Section 56.  Subsection (1) of section 409.2563, Florida
2146	Statutes, is reenacted, and paragraph (b) of subsection (2) of
2147	that section is amended to read:
2148	409.2563  Administrative establishment of child support
2149	obligations.--
2150	(1)  DEFINITIONS.--As used in this section, the term:
2151	(a)  "Administrative support order" means a final order
2152	rendered by or on behalf of the department pursuant to this
2153	section establishing or modifying the obligation of a parent to
2154	contribute to the support and maintenance of his or her child or
2155	children, which may include provisions for monetary support,
2156	retroactive support, health care, and other elements of support
2157	pursuant to chapter 61.
2158	(b)  "Caretaker relative" has the same meaning ascribed in
2159	s. 414.0252(11).
2160	(c)  "Filed" means a document has been received and
2161	accepted for filing at the offices of the department by the
2162	clerk or any authorized deputy clerk of the department. The date
2163	of filing must be indicated on the face of the document by the
2164	clerk or deputy clerk.
2165	(d)  "Financial affidavit" means an affidavit or written
2166	declaration as provided by s. 92.525(2) which shows an
2167	individual's income, allowable deductions, net income, and other
2168	information needed to calculate the child support guideline
2169	amount under s. 61.30.
2170	(e)  "Rendered" means that a signed written order is filed
2171	with the clerk or any deputy clerk of the department and served
2172	on the respondent. The date of filing must be indicated on the
2173	face of the order at the time of rendition.
2174	(f)  "Title IV-D case" means a case or proceeding in which
2175	the department is providing child support services within the
2176	scope of Title IV-D of the Social Security Act, 42 U.S.C. ss.
2177	651 et seq.
2178	(g)  "Retroactive support" means a child support obligation
2179	established pursuant to s. 61.30(17).
2180
2181	Other terms used in this section have the meanings ascribed in
2182	ss. 61.046 and 409.2554.
2183	(2)  PURPOSE AND SCOPE.--
2184	(b)  The administrative procedure set forth in this section
2185	concerns only the establishment of child support obligations.
2186	This section does not grant jurisdiction to the department or
2187	the Division of Administrative Hearings to hear or determine
2188	issues of dissolution of marriage, separation, alimony or
2189	spousal support, termination of parental rights, dependency,
2190	disputed paternity, except for a determination of paternity as
2191	provided in s. 409.256, or award of or change of time-sharing.
2192	This paragraph notwithstanding, the department and the Division
2193	of Administrative Hearings may make findings of fact that are
2194	necessary for a proper determination of a parent's support
2195	obligation as authorized by this section.
2196	Reviser's note.--Section 21, ch. 2008-61, Laws of
2197	Florida, amended paragraph (1)(a) without publishing
2198	the flush left language at the end of the subsection.
2199	Absent affirmative evidence of legislative intent to
2200	repeal it, subsection (1) is reenacted to confirm that
2201	the omission was not intended. Paragraph (2)(b) is
2202	amended to confirm the editorial insertion of the word
2203	"or" to improve clarity and correct sentence
2204	construction.
2205	Section 57.  Paragraph (e) of subsection (4) of section
2206	409.2598, Florida Statutes, is amended to read:
2207	409.2598  License suspension proceeding to enforce support
2208	order.--
2209	(4)  COMPLIANCE; REINSTATEMENT.--
2210	(e)  Notwithstanding any other statutory provision, a
2211	notice from the court or the department shall reinstate to the
2212	obligor all licenses established in chapter 379 chapters 370 and
2213	372 that were valid at the time of suspension.
2214	Reviser's note.--Amended to conform to the transfer of
2215	material in former chapters 370 and 372 to chapter 379
2216	by ch. 2008-247, Laws of Florida.
2217	Section 58.  Paragraph (b) of subsection (2) of section
2218	468.432, Florida Statutes, is amended to read:
2219	468.432  Licensure of community association managers and
2220	community association management firms; exceptions.--
2221	(2)  As of January 1, 2009, a community association
2222	management firm or other similar organization responsible for
2223	the management of more than 10 units or a budget of $100,000 or
2224	greater shall not engage or hold itself out to the public as
2225	being able to engage in the business of community association
2226	management in this state unless it is licensed by the department
2227	as a community association management firm in accordance with
2228	the provisions of this part.
2229	(b)  Each applicant shall designate on its application a
2230	licensed community association manager who shall be required to
2231	respond to all inquiries inquires from and investigations by the
2232	department or division.
2233	Reviser's note.--Amended to confirm the editorial
2234	substitution of the word "inquiries" for the word
2235	"inquires" to correct an apparent error.
2236	Section 59.  Paragraph (a) of subsection (6) of section
2237	489.145, Florida Statutes, is amended to read:
2238	489.145  Guaranteed energy, water, and wastewater
2239	performance savings contracting.--
2240	(6)  PROGRAM ADMINISTRATION AND CONTRACT REVIEW.--The
2241	Department of Management Services, with the assistance of the
2242	Office of the Chief Financial Officer, shall, within available
2243	resources, provide technical content assistance to state
2244	agencies contracting for energy, water, and wastewater
2245	efficiency and conservation measures and engage in other
2246	activities considered appropriate by the department for
2247	promoting and facilitating guaranteed energy, water, and
2248	wastewater performance contracting by state agencies. The
2249	Department of Management Services shall review the investment-
2250	grade audit for each proposed project and certify that the cost
2251	savings are appropriate and sufficient for the term of the
2252	contract. The Office of the Chief Financial Officer, with the
2253	assistance of the Department of Management Services, shall,
2254	within available resources, develop model contractual and
2255	related documents for use by state agencies. Prior to entering
2256	into a guaranteed energy, water, and wastewater performance
2257	savings contract, any contract or lease for third-party
2258	financing, or any combination of such contracts, a state agency
2259	shall submit such proposed contract or lease to the Office of
2260	the Chief Financial Officer for review and approval. A proposed
2261	contract or lease shall include:
2262	(a)  Supporting information required by s. 216.023(4)(a)9.
2263	in ss. 287.063(5) and 287.064(11). For contracts approved under
2264	this section, the criteria may, at add a minimum, include the
2265	specification of a benchmark cost of capital and minimum real
2266	rate of return on energy, water, or wastewater savings against
2267	which proposals shall be evaluated.
2268
2269	The Office of the Chief Financial Officer shall not approve any
2270	contract submitted under this section from a state agency that
2271	does not meet the requirements of this section.
2272	Reviser's note.--Amended to confirm the editorial
2273	substitution of the word "at" for the word "add" to
2274	correct an apparent error.
2275	Section 60.  Subsection (42) of section 499.003, Florida
2276	Statutes, is amended to read:
2277	499.003  Definitions of terms used in this part.--As used
2278	in this part, the term:
2279	(42)  "Prescription drug" means a prescription, medicinal,
2280	or legend drug, including, but not limited to, finished dosage
2281	forms or active ingredients subject to, defined by, or described
2282	by s. 503(b) of the Federal Food, Drug, and Cosmetic Act or s.
2283	465.003(8), s. 499.007(13), or subsection (11), subsection (45)
2284	(47), or subsection (52) (54).
2285	Reviser's note.--Amended to confirm the editorial
2286	substitution of references to subsections (45) and
2287	(52) for references to subsections (47) and (54).
2288	Section 2, ch. 2008-207, Laws of Florida, amended s.
2289	499.003, but the amendment contained coding errors
2290	relating to subunit numbering.
2291	Section 61.  Paragraph (n) of subsection (10) of section
2292	499.012, Florida Statutes, is amended to read:
2293	499.012  Permit application requirements.--
2294	(10)  The department may deny an application for a permit
2295	or refuse to renew a permit for a prescription drug wholesale
2296	distributor or an out-of-state prescription drug wholesale
2297	distributor if:
2298	(n)  The applicant or any affiliated party receives,
2299	directly or indirectly, financial support and assistance from a
2300	person who has been found guilty of any violation of this part
2301	or chapter 465, chapter 501, or chapter 893, any rules adopted
2302	under any of this part or those chapters, any federal or state
2303	drug law, or any felony where the underlying facts related to
2304	drugs, regardless of whether the person has been pardoned, had
2305	her or his civil rights restored, or had adjudication withheld,
2306	other than through the ownership of stock in a publicly traded
2307	company or a mutual fund.
2308	Reviser's note.--Amended to confirm the editorial
2309	deletion of the words "any of" following the word
2310	"under" to facilitate correct interpretation.
2311	Section 62.  Paragraph (d) of subsection (4) of section
2312	499.0121, Florida Statutes, is amended to read:
2313	499.0121  Storage and handling of prescription drugs;
2314	recordkeeping.--The department shall adopt rules to implement
2315	this section as necessary to protect the public health, safety,
2316	and welfare. Such rules shall include, but not be limited to,
2317	requirements for the storage and handling of prescription drugs
2318	and for the establishment and maintenance of prescription drug
2319	distribution records.
2320	(4)  EXAMINATION OF MATERIALS AND RECORDS.--
2321	(d)  Upon receipt, a wholesale distributor must review
2322	records required under this section for the acquisition of
2323	prescription drugs for accuracy and completeness, considering
2324	the total facts and circumstances surrounding the transactions
2325	and the wholesale distributors involved. This includes
2326	authenticating each transaction listed on a pedigree paper, as
2327	defined in s. 499.003(36) 499.003(35).
2328	Reviser's note.--Amended to correct an apparent error
2329	and conform to context. Section 2, ch. 2008-207, Laws
2330	of Florida, redesignated subunits of s. 499.003.
2331	Section 13, ch. 2008-207, amended s. 499.0121(4)(d) to
2332	change the reference to s. 499.003(31), which defined
2333	"pedigree paper", to s. 499.003(35). The term
2334	"pedigree paper" is now defined in s. 499.003(36).
2335	Section 63.  Paragraph (a) of subsection (1) of section
2336	499.015, Florida Statutes, is amended to read:
2337	499.015  Registration of drugs, devices, and cosmetics;
2338	issuance of certificates of free sale.--
2339	(1)(a)  Except for those persons exempted from the
2340	definition of manufacturer in s. 499.003(31) 499.003(32), any
2341	person who manufactures, packages, repackages, labels, or
2342	relabels a drug, device, or cosmetic in this state must register
2343	such drug, device, or cosmetic biennially with the department;
2344	pay a fee in accordance with the fee schedule provided by s.
2345	499.041; and comply with this section. The registrant must list
2346	each separate and distinct drug, device, or cosmetic at the time
2347	of registration.
2348	Reviser's note.--Amended to correct an apparent error
2349	and conform to context. Section 2, ch. 2008-207, Laws
2350	of Florida, redesignated subunits of s. 499.003.
2351	Section 18, ch. 2008-207, amended s. 499.015(1)(a) to
2352	change a reference to s. 499.003(28), which defined
2353	"manufacturer," to a reference to s. 499.003(32). The
2354	term "manufacturer" is now defined in s. 499.003(31).
2355	Section 64.  Subsection (5) of section 500.12, Florida
2356	Statutes, is amended to read:
2357	500.12  Food permits; building permits.--
2358	(5)  It is the intent of the Legislature to eliminate
2359	duplication of regulatory inspections of food. Regulatory and
2360	permitting authority over any food establishment is preempted to
2361	the department, except as provided in chapter 379 chapters 370
2362	and 372.
2363	(a)  Food establishments or retail food stores that have
2364	ancillary food service activities shall be permitted and
2365	inspected by the department.
2366	(b)  Food service establishments, as defined in s.
2367	381.0072, that have ancillary, prepackaged retail food sales
2368	shall be regulated by the Department of Health.
2369	(c)  Public food service establishments, as defined in s.
2370	509.013, which have ancillary, prepackaged retail food sales
2371	shall be licensed and inspected by the Department of Business
2372	and Professional Regulation.
2373	(d)  The department and the Department of Business and
2374	Professional Regulation shall cooperate to assure equivalency of
2375	inspection and enforcement and to share information on those
2376	establishments identified in paragraphs (a) and (c) and to
2377	address any other areas of potential duplication. The department
2378	and the Department of Business and Professional Regulation are
2379	authorized to adopt rules to enforce statutory requirements
2380	under their purview regarding foods.
2381	Reviser's note.--Amended to conform to the transfer of
2382	chapters 370 and 372 to chapter 379 by ch. 2008-247,
2383	Laws of Florida.
2384	Section 65.  Subsection (1) of section 553.885, Florida
2385	Statutes, is amended to read:
2386	553.885  Carbon monoxide alarm required.--
2387	(1)  Every building, other than a hospital, an inpatient
2388	hospice facility, or a nursing home facility licensed by the
2389	Agency for Health Care Administration, for which a building
2390	permit is issued for new construction on or after July 1, 2008,
2391	and having a fossil-fuel-burning heater or appliance, a
2392	fireplace, or an attached garage shall have an approved
2393	operational carbon monoxide alarm installed within 10 feet of
2394	each room used for sleeping purposes. For a new hospital, an
2395	inpatient hospice facility, or a nursing home facility licensed
2396	by the Agency for Health Care Administration, an approved
2397	operational carbon monoxide detector shall be installed inside
2398	or directly outside of each room or area within the hospital or
2399	facility where were a fossil-fuel-burning heater, engine, or
2400	appliance is located. This detector shall be connected to the
2401	fire alarm system of the hospital or facility as a supervisory
2402	signal.
2403	Reviser's note.--Amended to confirm the editorial
2404	substitution of the word "where" for the word "were"
2405	to conform to context.
2406	Section 66.  Section 553.975, Florida Statutes, is amended
2407	to read:
2408	553.975  Report to the Governor and Legislature.--The
2409	Public Service Commission shall submit a biennial report to the
2410	Governor, the President of the Senate, and the Speaker of the
2411	House of Representatives, concurrent with the report required by
2412	s. 366.82(10) 366.82(4), beginning in 1990. Such report shall
2413	include an evaluation of the effectiveness of these standards on
2414	energy conservation in this state.
2415	Reviser's note.--Amended to conform to the
2416	redesignation of s. 366.82(4) as s. 366.82(10) by s.
2417	39, ch. 2008-227, Laws of Florida.
2418	Section 67.  Subsection (4) of section 560.111, Florida
2419	Statutes, is amended to read:
2420	560.111  Prohibited acts.--
2421	(4)  Any person who willfully violates any provision of s.
2422	560.403, s. 560.404, or s. 560.405, or s. 560.407 commits a
2423	felony of the third degree, punishable as provided in s.
2424	775.082, s. 775.083, or s. 775.084.
2425	Reviser's note.--Amended to conform to the repeal of
2426	s. 560.407 by s. 55, ch. 2008-177, Laws of Florida.
2427	Section 68.  Section 560.124, Florida Statutes, is amended
2428	to read:
2429	560.124  Sharing of information.--Any person may provide to
2430	a money services business, authorized vendor, law enforcement
2431	agency, prosecutorial agency, or appropriate regulator, or any
2432	money services business, authorized vendor, law enforcement
2433	agency, prosecutorial agency, or appropriate regulator may
2434	provide to any person, information about any person's known or
2435	suspected involvement in a violation of any state, federal, or
2436	foreign law, rule, or regulation relating to the business of a
2437	money services business or deferred presentment present provider
2438	which has been reported to state, federal, or foreign
2439	authorities, and is not liable in any civil action for providing
2440	such information.
2441	Reviser's note.--Amended to confirm the editorial
2442	substitution of the word "presentment" for the word
2443	"present" to conform to context.
2444	Section 69.  Paragraph (a) of subsection (1) of section
2445	560.141, Florida Statutes, is amended to read:
2446	560.141  License application.--
2447	(1)  To apply for a license as a money services business
2448	under this chapter the applicant must:
2449	(a)  Submit an application to the office on forms
2450	prescribed by rule which includes the following information:
2451	1.  The legal name and address of the applicant, including
2452	any fictitious or trade names used by the applicant in the
2453	conduct of its business.
2454	2.  The date of the applicant's formation and the state in
2455	which the applicant was formed, if applicable.
2456	3.  The name, social security number, alien identification
2457	or taxpayer identification number, business and residence
2458	addresses, and employment history for the past 5 years for each
2459	officer, director, responsible person, the compliance officer,
2460	each controlling shareholder, and any other person who has a
2461	controlling interest in the money services business as provided
2462	in s. 560.127.
2463	4.  A description of the organizational structure of the
2464	applicant, including the identity of any parent or subsidiary of
2465	the applicant, and the disclosure of whether any parent or
2466	subsidiary is publicly traded.
2467	5.  The applicant's history of operations in other states
2468	if applicable and a description of the money services business
2469	or deferred presentment provider activities proposed to be
2470	conducted by the applicant in this state.
2471	6.  If the applicant or its parent is a publicly traded
2472	company, copies of all filings made by the applicant with the
2473	United States Securities and Exchange Commission, or with a
2474	similar regulator in a country other than the United States,
2475	within the preceding year.
2476	7.  The location at which the applicant proposes to
2477	establish its principal place of business and any other
2478	location, including branch offices and authorized vendors
2479	operating in this state. For each branch office identified and
2480	each authorized vendor appointed, the applicant shall include
2481	the nonrefundable fee required by s. 560.143.
2482	8.  The name and address of the clearing financial
2483	institution or financial institutions through which the
2484	applicant's payment instruments are drawn or through which the
2485	payment instruments are payable.
2486	9.  The history of the applicant's material litigation,
2487	criminal convictions, pleas of nolo contendere, and cases of
2488	adjudication withheld.
2489	10.  The history of material litigation, arrests, criminal
2490	convictions, pleas of nolo contendere, and cases of adjudication
2491	withheld for each executive officer, director, controlling
2492	shareholder, and responsible person.
2493	11.  The name of the registered agent in this state for
2494	service of process unless the applicant is a sole proprietor.
2495	12.  Any other information specified in this chapter or by
2496	rule.
2497	Reviser's note.--Amended to confirm the editorial
2498	insertion of the word "and" after the word
2499	"shareholder" to improve clarity and facilitate
2500	correct interpretation.
2501	Section 70.  Subsection (4) of section 560.142, Florida
2502	Statutes, is amended to read:
2503	560.142  License renewal.--
2504	(4)  If a license or declaration of intent to engage in
2505	deferred presentment transactions expires, the license or
2506	declaration of intent may be reinstated only if a renewal
2507	application or declaration of intent, all required renewal fees,
2508	and any applicable late fees are received by the office within
2509	60 days after expiration. If not submitted within 60 days, the
2510	license or declaration of on intent expires and a new license
2511	application or declaration of intent must be filed with the
2512	office pursuant to this chapter.
2513	Reviser's note.--Amended to confirm the editorial
2514	substitution of the word "of" for the word "on" to
2515	improve clarity and facilitate correct interpretation.
2516	Section 71.  Paragraph (a) of subsection (1) of section
2517	560.143, Florida Statutes, is amended to read:
2518	560.143  Fees.--
2519	(1)  LICENSE APPLICATION FEES.--The applicable non-
2520	refundable fees must accompany an application for licensure:
2521
2522	(a)  Under Part II....$375.
2523	Reviser's note.--Amended to confirm the editorial
2524	deletion of the word "under" to conform to context.
2525	Section 72.  Subsection (2) of section 560.209, Florida
2526	Statutes, is amended to read:
2527	560.209  Net worth; corporate surety bond; collateral
2528	deposit in lieu of bond.--
2529	(2)  A licensee must obtain an annual financial audit
2530	report, which must be submitted to the office within 120 days
2531	after the end of the licensee's fiscal year end, as disclosed to
2532	the office. If the applicant is a wholly owned subsidiary of
2533	another corporation, the financial audit report on the parent
2534	corporation's financial statements shall satisfy this
2535	requirement.
2536	Reviser's note.--Amended to confirm the editorial
2537	deletion of the word "end" following the word "year"
2538	to improve clarity and facilitate correct
2539	interpretation.
2540	Section 73.  Subsection (6) of section 560.404, Florida
2541	Statutes, is amended to read:
2542	560.404  Requirements for deferred presentment
2543	transactions.--
2544	(6)  A deferred presentment provider or its affiliate may
2545	not charge fees that exceed 10 percent of the currency or
2546	payment instrument provided. However, a verification fee may be
2547	charged as provided in s. 560.309(8) 560.309(7). The 10-percent
2548	fee may not be applied to the verification fee. A deferred
2549	presentment provider may charge only those fees specifically
2550	authorized in this section.
2551	Reviser's note.--Amended to correct an apparent error
2552	and conform to context. Section 41, ch. 2008-177, Laws
2553	of Florida, redesignated subunits in s. 560.309.
2554	Section 45, ch. 2008-177, amended s. 560.404(6) to
2555	change a reference to s. 560.309(4), which referenced
2556	verification fees, to s. 560.309(7). Verification fees
2557	are now referenced in s. 560.309(8).
2558	Section 74.  Subsection (2) of section 560.406, Florida
2559	Statutes, is amended to read:
2560	560.406  Worthless checks.--
2561	(2)  If a check is returned to a deferred presentment
2562	provider from a payor financial institution due to insufficient
2563	funds, a closed account, or a stop-payment order, the deferred
2564	presentment provider may pursue all legally available civil
2565	remedies to collect the check, including, but not limited to,
2566	the imposition of all charges imposed on the deferred
2567	presentment provider by the financial institution. In its
2568	collection practices, a deferred presentment provider must
2569	comply with the prohibitions against harassment or abuse, false
2570	or misleading representations, and unfair practices that are
2571	contained in the Fair Debt Collections Practices Act, 15 U.S.C.
2572	ss. 1692d, 1692e, and 1692f. A violation of this act is a
2573	deceptive and unfair trade practice and constitutes a violation
2574	of the Deceptive and Unfair Trade Practices Act under part II of
2575	chapter 501. In addition, a deferred presentment provider must
2576	comply with the applicable provisions of the Consumer Collection
2577	Practices Act under part VI of chapter 559, including s. 559.77.
2578	Reviser's note.--Amended to confirm the editorial
2579	insertion of the word "and" to improve clarity and
2580	facilitate correct interpretation.
2581	Section 75.  Subsection (41) of section 570.07, Florida
2582	Statutes, is amended to read:
2583	570.07  Department of Agriculture and Consumer Services;
2584	functions, powers, and duties.--The department shall have and
2585	exercise the following functions, powers, and duties:
2586	(41)  Notwithstanding the provisions of s. 287.057(23)
2587	287.057(23)(a) that require all agencies to use the online
2588	procurement system developed by the Department of Management
2589	Services, the department may continue to use its own online
2590	system. However, vendors utilizing such system shall be
2591	prequalified as meeting mandatory requirements and
2592	qualifications and shall remit fees pursuant to s. 287.057(23),
2593	and any rules implementing s. 287.057.
2594	Reviser's note.--Amended to correct a cross-reference.
2595	Section 287.057(23)(a) was split by s. 13, ch. 2008-
2596	116, Laws of Florida, to form s. 287.057(23)
2597	introductory paragraph and (23)(a).
2598	Section 76.  Paragraph (g) of subsection (2) of section
2599	597.004, Florida Statutes, is amended to read:
2600	597.004  Aquaculture certificate of registration.--
2601	(2)  RULES.--
2602	(g)  Any alligator producer with an alligator farming
2603	license and permit to establish and operate an alligator farm
2604	shall be issued an aquaculture certificate of registration
2605	pursuant to this section. This chapter does not supersede the
2606	authority under chapter 379 372 to regulate alligator farms and
2607	alligator farmers.
2608	Reviser's note.--Amended to conform to the transfer of
2609	chapter 372 to chapter 379 by ch. 2008-247, Laws of
2610	Florida.
2611	Section 77.  Subsection (7), paragraph (a) of subsection
2612	(8), and subsections (9) and (12) of section 597.010, Florida
2613	Statutes, are amended to read:
2614	597.010  Shellfish regulation; leases.--
2615	(7)  SURCHARGE FOR IMPROVEMENT OR REHABILITATION.--A
2616	surcharge of $10 per acre, or any fraction of an acre, per annum
2617	shall be levied upon each lease, other than a perpetual lease
2618	granted pursuant to former chapter 370 prior to 1985, and
2619	deposited into the General Inspection Trust Fund. The purpose of
2620	the surcharge is to provide a mechanism to have financial
2621	resources immediately available for improvement of lease areas
2622	and for cleanup and rehabilitation of abandoned or vacated lease
2623	sites. The department is authorized to adopt rules necessary to
2624	carry out the provisions of this subsection.
2625	(a)  Moneys in the fund that are not needed currently for
2626	cleanup and rehabilitation of abandoned or vacated lease sites
2627	shall be deposited with the Chief Financial Officer to the
2628	credit of the fund and may be invested in such manner as is
2629	provided for by statute. Interest received on such investment
2630	shall be credited to the fund.
2631	(b)  Funds within the General Inspection Trust Fund from
2632	receipts from the surcharge established in this section shall be
2633	disbursed for the following purposes and no others:
2634	1.  Administrative expenses, personnel expenses, and
2635	equipment costs of the department related to the improvement of
2636	lease areas, the cleanup and rehabilitation of abandoned or
2637	vacated aquaculture lease sites, and the enforcement of
2638	provisions of this section.
2639	2.  All costs involved in the improvement of lease areas
2640	and the cleanup and rehabilitation of abandoned or vacated lease
2641	sites.
2642	3.  All costs and damages which are the proximate results
2643	of lease abandonment or vacation.
2644	4.  Reward payments made pursuant to s. 597.0045.
2645
2646	The department shall recover to the use of the fund from the
2647	person or persons abandoning or vacating the lease, jointly and
2648	severally, all sums owed or expended from the fund.
2649	(8)  CULTIVATION REQUIREMENTS.--
2650	(a)  Effective cultivation shall consist of the growing of
2651	the oysters or clams in a density suitable for commercial
2652	harvesting over the amount of bottom prescribed by law. This
2653	commercial density shall be accomplished by the planting of seed
2654	oysters, shell, and cultch of various descriptions. The
2655	department may stipulate in each individual lease contract the
2656	types, shape, depth, size, and height of cultch materials on
2657	lease bottoms according to the individual shape, depth,
2658	location, and type of bottom of the proposed lease. Each lessee
2659	leasing lands under the provisions of this section or s. 253.71
2660	shall begin, within 1 year after the date of such lease, bona
2661	fide cultivation of the same, and shall, by the end of the
2662	second year after the commencement of such lease, have placed
2663	under cultivation at least one-half of the leased area and shall
2664	each year thereafter place in cultivation at least one-fourth of
2665	the leased area until the whole, suitable for bedding of oysters
2666	or clams, shall have been put in cultivation. The cultivation
2667	requirements for perpetuity leases granted pursuant to former
2668	chapter 370 prior to 1985 under previously existing law shall
2669	comply with the conditions stated in the lease agreement, and
2670	the lessee or grantee is authorized to plant the leased or
2671	granted submerged land in both oysters and clams.
2672	(9)  LEASES TRANSFERABLE, ETC.--The leases in chapter 253
2673	and former chapter 370 shall be inheritable and transferable, in
2674	whole or in part, and shall also be subject to mortgage, pledge,
2675	or hypothecation and shall be subject to seizure and sale for
2676	debts as any other property, rights, and credits in this state,
2677	and this provision shall also apply to all buildings,
2678	betterments, and improvements thereon. Leases granted under this
2679	section cannot be transferred, by sale or barter, in whole or in
2680	part, without the written, express approval of the department,
2681	and such a transferee shall pay a $50 transfer fee before
2682	department approval may be given. Leases inherited or
2683	transferred will be valid only upon receipt of the transfer fee
2684	and approval by the department. The department shall keep proper
2685	indexes so that all original leases and all subsequent changes
2686	and transfers can be easily and accurately ascertained.
2687	(12)  FRANKLIN COUNTY LEASES.--On and after the effective
2688	date of this section, the only leases available in Franklin
2689	County shall be those issued pursuant to ss. 253.67-253.75;
2690	former chapter 370 leases shall no longer be available. The
2691	department shall require in the lease agreement such
2692	restrictions as it deems necessary to protect the environment,
2693	the existing leaseholders, and public fishery.
2694	Reviser's note.--Amended to confirm the editorial
2695	addition of the word "former" to provide a historical
2696	reference; chapter 370 was transferred to chapter 379
2697	by ch. 2008-247, Laws of Florida.
2698	Section 78.  Paragraph (c) of subsection (1) of section
2699	624.4213, Florida Statutes, is amended to read:
2700	624.4213  Trade secret documents.--
2701	(1)  If any person who is required to submit documents or
2702	other information to the office or department pursuant to the
2703	insurance code or by rule or order of the office, department, or
2704	commission claims that such submission contains a trade secret,
2705	such person may file with the office or department a notice of
2706	trade secret as provided in this section. Failure to do so
2707	constitutes a waiver of any claim by such person that the
2708	document or information is a trade secret.
2709	(c)  In submitting a notice of trade secret to the office
2710	or department, the submitting party must include an affidavit
2711	certifying under oath to the truth of the following statements
2712	concerning all documents or information that are claimed to be
2713	trade secrets:
2714	1.  [I consider/My company considers] this information a
2715	trade secret that has value and provides an advantage or an
2716	opportunity to obtain an advantage over those who do not know or
2717	use it.
2718	2.  [I have/My company has] taken measures to prevent the
2719	disclosure of the information to anyone other than that those
2720	who have been selected to have access for limited purposes, and
2721	[I intend/my company intends] to continue to take such measures.
2722	3.  The information is not, and has not been, reasonably
2723	obtainable without [my/our] consent by other persons by use of
2724	legitimate means.
2725	4.  The information is not publicly available elsewhere.
2726	Reviser's note.--Amended to confirm the editorial
2727	substitution of the word "than" for the word "that" to
2728	correct a typographical error.
2729	Section 79.  Subsection (2) of section 626.8541, Florida
2730	Statutes, is amended to read:
2731	626.8541  Public adjuster apprentice.--
2732	(2)  A public adjuster apprentice must work with a licensed
2733	and appointed public adjuster for a period of 12 months as set
2734	forth in this section, and must otherwise be who otherwise is in
2735	full compliance with this chapter, prior to being eligible for
2736	appointment as a licensed public adjuster.
2737	Reviser's note.--Amended to confirm the editorial
2738	substitution of the words "must otherwise be" for the
2739	words "who otherwise is" to improve clarity and
2740	facilitate correct interpretation.
2741	Section 80.  Section 626.8796, Florida Statutes, is amended
2742	to read:
2743	626.8796  Public adjuster contracts; fraud statement.--All
2744	contracts for public adjuster services must be in writing and
2745	must prominently display the following statement on the
2746	contract: "Pursuant to s. 817.234, Florida Statutes, any person
2747	who, with the intent to injure, defraud, or deceive any insurer
2748	or insured, prepares, presents, or causes to be presented a
2749	proof of loss or estimate of cost or repair of damaged property
2750	in support of a claim under an insurance policy knowing that the
2751	proof of loss or estimate of claim or repairs contains any
2752	false, incomplete, or misleading information concerning any fact
2753	or thing material to the claim commits a felony of the third
2754	degree, punishable as provided in s. 775.082, s. 775.083
2755	775.803, or s. 775.084, Florida Statutes."
2756	Reviser's note.--Amended to confirm the editorial
2757	substitution of a reference to s. 775.083 for a
2758	reference to s. 775.803 to correct an apparent error.
2759	Section 775.803 does not exist; s. 775.083 provides
2760	for punishment for a third degree felony.
2761	Section 81.  Section 626.8797, Florida Statutes, is amended
2762	to read:
2763	626.8797  Proof of loss; fraud statement.--All proof of
2764	loss statements must prominently display the following
2765	statement: "Pursuant to s. 817.234, Florida Statutes, any person
2766	who, with the intent to injure, defraud, or deceive any insurer
2767	or insured, prepares, presents, or causes to be presented a
2768	proof of loss or estimate of cost or repair of damaged property
2769	in support of a claim under an insurance policy knowing that the
2770	proof of loss or estimate of claim or repairs contains any
2771	false, incomplete, or misleading information concerning any fact
2772	or thing material to the claim commits a felony of the third
2773	degree, punishable as provided in s. 775.082, s. 775.083
2774	775.803, or s. 775.084, Florida Statutes."
2775	Reviser's note.--Amended to confirm the editorial
2776	substitution of a reference to s. 775.083 for a
2777	reference to s. 775.803 to correct an apparent error.
2778	Section 775.803 does not exist; s. 775.083 provides
2779	for punishment for a third degree felony.
2780	Section 82.  Subsection (2) of section 627.0621, Florida
2781	Statutes, is amended to read:
2782	627.0621  Transparency in rate regulation.--
2783	(2)  WEBSITE FOR PUBLIC ACCESS TO RATE FILING
2784	INFORMATION.--With respect to any rate filing made on or after
2785	July 1, 2008, the office shall provide the following information
2786	on a publicly accessible Internet website:
2787	(a)  The overall rate change requested by the insurer.
2788	(b)  All assumptions made by the office's actuaries.
2789	(c)  A statement describing any assumptions or methods that
2790	deviate from the actuarial standards of practice of the Casualty
2791	Actuarial Society or the American Academy of Actuaries,
2792	including an explanation of the nature, rationale, and effect of
2793	the deviation.
2794	(d)  All recommendations made by any office actuary who
2795	reviewed the rate filing.
2796	(e)  Certification by the office's actuary that, based on
2797	the actuary's knowledge, his or her recommendations are
2798	consistent with accepted actuarial principles.
2799	(f)  The overall rate change approved by the office.
2800	Reviser's note.--Amended to confirm the editorial
2801	insertion of the word "or" to improve clarity and
2802	facilitate correct interpretation.
2803	Section 83.  Paragraph (c) of subsection (1) of section
2804	627.0628, Florida Statutes, is amended to read:
2805	627.0628  Florida Commission on Hurricane Loss Projection
2806	Methodology; public records exemption; public meetings
2807	exemption.--
2808	(1)  LEGISLATIVE FINDINGS AND INTENT.--
2809	(c)  It is the intent of the Legislature to create the
2810	Florida Commission on Hurricane Loss Projection Methodology as a
2811	panel of experts to provide the most actuarially sophisticated
2812	guidelines and standards for projection of hurricane losses
2813	possible, given the current state of actuarial science. It is
2814	the further intent of the Legislature that such standards and
2815	guidelines must be used by the State Board of Administration in
2816	developing reimbursement premium rates for the Florida Hurricane
2817	Catastrophe Fund, and, subject to paragraph (3)(d) (3)(c), must
2818	be used by insurers in rate filings under s. 627.062 unless the
2819	way in which such standards and guidelines were applied by the
2820	insurer was erroneous, as shown by a preponderance of the
2821	evidence.
2822	Reviser's note.--Amended to conform to the
2823	redesignation of paragraph (3)(c) as paragraph (3)(d)
2824	by s. 11, ch. 2008-66, Laws of Florida.
2825	Section 84.  Subsection (2) of section 627.351, Florida
2826	Statutes, is reenacted to read:
2827	627.351  Insurance risk apportionment plans.--
2828	(2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--
2829	(a)  Agreements may be made among property insurers with
2830	respect to the equitable apportionment among them of insurance
2831	which may be afforded applicants who are in good faith entitled
2832	to, but are unable to procure, such insurance through ordinary
2833	methods; and such insurers may agree among themselves on the use
2834	of reasonable rate modifications for such insurance. Such
2835	agreements and rate modifications shall be subject to the
2836	applicable provisions of this chapter.
2837	(b)  The department shall require all insurers holding a
2838	certificate of authority to transact property insurance on a
2839	direct basis in this state, other than joint underwriting
2840	associations and other entities formed pursuant to this section,
2841	to provide windstorm coverage to applicants from areas
2842	determined to be eligible pursuant to paragraph (c) who in good
2843	faith are entitled to, but are unable to procure, such coverage
2844	through ordinary means; or it shall adopt a reasonable plan or
2845	plans for the equitable apportionment or sharing among such
2846	insurers of windstorm coverage, which may include formation of
2847	an association for this purpose. As used in this subsection, the
2848	term "property insurance" means insurance on real or personal
2849	property, as defined in s. 624.604, including insurance for
2850	fire, industrial fire, allied lines, farmowners multiperil,
2851	homeowners' multiperil, commercial multiperil, and mobile homes,
2852	and including liability coverages on all such insurance, but
2853	excluding inland marine as defined in s. 624.607(3) and
2854	excluding vehicle insurance as defined in s. 624.605(1)(a) other
2855	than insurance on mobile homes used as permanent dwellings. The
2856	department shall adopt rules that provide a formula for the
2857	recovery and repayment of any deferred assessments.
2858	1.  For the purpose of this section, properties eligible
2859	for such windstorm coverage are defined as dwellings, buildings,
2860	and other structures, including mobile homes which are used as
2861	dwellings and which are tied down in compliance with mobile home
2862	tie-down requirements prescribed by the Department of Highway
2863	Safety and Motor Vehicles pursuant to s. 320.8325, and the
2864	contents of all such properties. An applicant or policyholder is
2865	eligible for coverage only if an offer of coverage cannot be
2866	obtained by or for the applicant or policyholder from an
2867	admitted insurer at approved rates.
2868	2.a.
2869	(I)  All insurers required to be members of such
2870	association shall participate in its writings, expenses, and
2871	losses. Surplus of the association shall be retained for the
2872	payment of claims and shall not be distributed to the member
2873	insurers. Such participation by member insurers shall be in the
2874	proportion that the net direct premiums of each member insurer
2875	written for property insurance in this state during the
2876	preceding calendar year bear to the aggregate net direct
2877	premiums for property insurance of all member insurers, as
2878	reduced by any credits for voluntary writings, in this state
2879	during the preceding calendar year. For the purposes of this
2880	subsection, the term "net direct premiums" means direct written
2881	premiums for property insurance, reduced by premium for
2882	liability coverage and for the following if included in allied
2883	lines: rain and hail on growing crops; livestock; association
2884	direct premiums booked; National Flood Insurance Program direct
2885	premiums; and similar deductions specifically authorized by the
2886	plan of operation and approved by the department. A member's
2887	participation shall begin on the first day of the calendar year
2888	following the year in which it is issued a certificate of
2889	authority to transact property insurance in the state and shall
2890	terminate 1 year after the end of the calendar year during which
2891	it no longer holds a certificate of authority to transact
2892	property insurance in the state. The commissioner, after review
2893	of annual statements, other reports, and any other statistics
2894	that the commissioner deems necessary, shall certify to the
2895	association the aggregate direct premiums written for property
2896	insurance in this state by all member insurers.
2897	(II)  Effective July 1, 2002, the association shall operate
2898	subject to the supervision and approval of a board of governors
2899	who are the same individuals that have been appointed by the
2900	Treasurer to serve on the board of governors of the Citizens
2901	Property Insurance Corporation.
2902	(III)  The plan of operation shall provide a formula
2903	whereby a company voluntarily providing windstorm coverage in
2904	affected areas will be relieved wholly or partially from
2905	apportionment of a regular assessment pursuant to sub-sub-
2906	subparagraph d.(I) or sub-sub-subparagraph d.(II).
2907	(IV)  A company which is a member of a group of companies
2908	under common management may elect to have its credits applied on
2909	a group basis, and any company or group may elect to have its
2910	credits applied to any other company or group.
2911	(V)  There shall be no credits or relief from apportionment
2912	to a company for emergency assessments collected from its
2913	policyholders under sub-sub-subparagraph d.(III).
2914	(VI)  The plan of operation may also provide for the award
2915	of credits, for a period not to exceed 3 years, from a regular
2916	assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub-
2917	subparagraph d.(II) as an incentive for taking policies out of
2918	the Residential Property and Casualty Joint Underwriting
2919	Association. In order to qualify for the exemption under this
2920	sub-sub-subparagraph, the take-out plan must provide that at
2921	least 40 percent of the policies removed from the Residential
2922	Property and Casualty Joint Underwriting Association cover risks
2923	located in Miami-Dade, Broward, and Palm Beach Counties or at
2924	least 30 percent of the policies so removed cover risks located
2925	in Miami-Dade, Broward, and Palm Beach Counties and an
2926	additional 50 percent of the policies so removed cover risks
2927	located in other coastal counties, and must also provide that no
2928	more than 15 percent of the policies so removed may exclude
2929	windstorm coverage. With the approval of the department, the
2930	association may waive these geographic criteria for a take-out
2931	plan that removes at least the lesser of 100,000 Residential
2932	Property and Casualty Joint Underwriting Association policies or
2933	15 percent of the total number of Residential Property and
2934	Casualty Joint Underwriting Association policies, provided the
2935	governing board of the Residential Property and Casualty Joint
2936	Underwriting Association certifies that the take-out plan will
2937	materially reduce the Residential Property and Casualty Joint
2938	Underwriting Association's 100-year probable maximum loss from
2939	hurricanes. With the approval of the department, the board may
2940	extend such credits for an additional year if the insurer
2941	guarantees an additional year of renewability for all policies
2942	removed from the Residential Property and Casualty Joint
2943	Underwriting Association, or for 2 additional years if the
2944	insurer guarantees 2 additional years of renewability for all
2945	policies removed from the Residential Property and Casualty
2946	Joint Underwriting Association.
2947	b.  Assessments to pay deficits in the association under
2948	this subparagraph shall be included as an appropriate factor in
2949	the making of rates as provided in s. 627.3512.
2950	c.  The Legislature finds that the potential for unlimited
2951	deficit assessments under this subparagraph may induce insurers
2952	to attempt to reduce their writings in the voluntary market, and
2953	that such actions would worsen the availability problems that
2954	the association was created to remedy. It is the intent of the
2955	Legislature that insurers remain fully responsible for paying
2956	regular assessments and collecting emergency assessments for any
2957	deficits of the association; however, it is also the intent of
2958	the Legislature to provide a means by which assessment
2959	liabilities may be amortized over a period of years.
2960	d.
2961	(I)  When the deficit incurred in a particular calendar
2962	year is 10 percent or less of the aggregate statewide direct
2963	written premium for property insurance for the prior calendar
2964	year for all member insurers, the association shall levy an
2965	assessment on member insurers in an amount equal to the deficit.
2966	(II)  When the deficit incurred in a particular calendar
2967	year exceeds 10 percent of the aggregate statewide direct
2968	written premium for property insurance for the prior calendar
2969	year for all member insurers, the association shall levy an
2970	assessment on member insurers in an amount equal to the greater
2971	of 10 percent of the deficit or 10 percent of the aggregate
2972	statewide direct written premium for property insurance for the
2973	prior calendar year for member insurers. Any remaining deficit
2974	shall be recovered through emergency assessments under sub-sub-
2975	subparagraph (III).
2976	(III)  Upon a determination by the board of directors that
2977	a deficit exceeds the amount that will be recovered through
2978	regular assessments on member insurers, pursuant to sub-sub-
2979	subparagraph (I) or sub-sub-subparagraph (II), the board shall
2980	levy, after verification by the department, emergency
2981	assessments to be collected by member insurers and by
2982	underwriting associations created pursuant to this section which
2983	write property insurance, upon issuance or renewal of property
2984	insurance policies other than National Flood Insurance policies
2985	in the year or years following levy of the regular assessments.
2986	The amount of the emergency assessment collected in a particular
2987	year shall be a uniform percentage of that year's direct written
2988	premium for property insurance for all member insurers and
2989	underwriting associations, excluding National Flood Insurance
2990	policy premiums, as annually determined by the board and
2991	verified by the department. The department shall verify the
2992	arithmetic calculations involved in the board's determination
2993	within 30 days after receipt of the information on which the
2994	determination was based. Notwithstanding any other provision of
2995	law, each member insurer and each underwriting association
2996	created pursuant to this section shall collect emergency
2997	assessments from its policyholders without such obligation being
2998	affected by any credit, limitation, exemption, or deferment. The
2999	emergency assessments so collected shall be transferred directly
3000	to the association on a periodic basis as determined by the
3001	association. The aggregate amount of emergency assessments
3002	levied under this sub-sub-subparagraph in any calendar year may
3003	not exceed the greater of 10 percent of the amount needed to
3004	cover the original deficit, plus interest, fees, commissions,
3005	required reserves, and other costs associated with financing of
3006	the original deficit, or 10 percent of the aggregate statewide
3007	direct written premium for property insurance written by member
3008	insurers and underwriting associations for the prior year, plus
3009	interest, fees, commissions, required reserves, and other costs
3010	associated with financing the original deficit. The board may
3011	pledge the proceeds of the emergency assessments under this sub-
3012	sub-subparagraph as the source of revenue for bonds, to retire
3013	any other debt incurred as a result of the deficit or events
3014	giving rise to the deficit, or in any other way that the board
3015	determines will efficiently recover the deficit. The emergency
3016	assessments under this sub-sub-subparagraph shall continue as
3017	long as any bonds issued or other indebtedness incurred with
3018	respect to a deficit for which the assessment was imposed remain
3019	outstanding, unless adequate provision has been made for the
3020	payment of such bonds or other indebtedness pursuant to the
3021	document governing such bonds or other indebtedness. Emergency
3022	assessments collected under this sub-sub-subparagraph are not
3023	part of an insurer's rates, are not premium, and are not subject
3024	to premium tax, fees, or commissions; however, failure to pay
3025	the emergency assessment shall be treated as failure to pay
3026	premium.
3027	(IV)  Each member insurer's share of the total regular
3028	assessments under sub-sub-subparagraph (I) or sub-sub-
3029	subparagraph (II) shall be in the proportion that the insurer's
3030	net direct premium for property insurance in this state, for the
3031	year preceding the assessment bears to the aggregate statewide
3032	net direct premium for property insurance of all member
3033	insurers, as reduced by any credits for voluntary writings for
3034	that year.
3035	(V)  If regular deficit assessments are made under sub-sub-
3036	subparagraph (I) or sub-sub-subparagraph (II), or by the
3037	Residential Property and Casualty Joint Underwriting Association
3038	under sub-subparagraph (6)(b)3.a. or sub-subparagraph
3039	(6)(b)3.b., the association shall levy upon the association's
3040	policyholders, as part of its next rate filing, or by a separate
3041	rate filing solely for this purpose, a market equalization
3042	surcharge in a percentage equal to the total amount of such
3043	regular assessments divided by the aggregate statewide direct
3044	written premium for property insurance for member insurers for
3045	the prior calendar year. Market equalization surcharges under
3046	this sub-sub-subparagraph are not considered premium and are not
3047	subject to commissions, fees, or premium taxes; however, failure
3048	to pay a market equalization surcharge shall be treated as
3049	failure to pay premium.
3050	e.  The governing body of any unit of local government, any
3051	residents of which are insured under the plan, may issue bonds
3052	as defined in s. 125.013 or s. 166.101 to fund an assistance
3053	program, in conjunction with the association, for the purpose of
3054	defraying deficits of the association. In order to avoid
3055	needless and indiscriminate proliferation, duplication, and
3056	fragmentation of such assistance programs, any unit of local
3057	government, any residents of which are insured by the
3058	association, may provide for the payment of losses, regardless
3059	of whether or not the losses occurred within or outside of the
3060	territorial jurisdiction of the local government. Revenue bonds
3061	may not be issued until validated pursuant to chapter 75, unless
3062	a state of emergency is declared by executive order or
3063	proclamation of the Governor pursuant to s. 252.36 making such
3064	findings as are necessary to determine that it is in the best
3065	interests of, and necessary for, the protection of the public
3066	health, safety, and general welfare of residents of this state
3067	and the protection and preservation of the economic stability of
3068	insurers operating in this state, and declaring it an essential
3069	public purpose to permit certain municipalities or counties to
3070	issue bonds as will provide relief to claimants and
3071	policyholders of the association and insurers responsible for
3072	apportionment of plan losses. Any such unit of local government
3073	may enter into such contracts with the association and with any
3074	other entity created pursuant to this subsection as are
3075	necessary to carry out this paragraph. Any bonds issued under
3076	this sub-subparagraph shall be payable from and secured by
3077	moneys received by the association from assessments under this
3078	subparagraph, and assigned and pledged to or on behalf of the
3079	unit of local government for the benefit of the holders of such
3080	bonds. The funds, credit, property, and taxing power of the
3081	state or of the unit of local government shall not be pledged
3082	for the payment of such bonds. If any of the bonds remain unsold
3083	60 days after issuance, the department shall require all
3084	insurers subject to assessment to purchase the bonds, which
3085	shall be treated as admitted assets; each insurer shall be
3086	required to purchase that percentage of the unsold portion of
3087	the bond issue that equals the insurer's relative share of
3088	assessment liability under this subsection. An insurer shall not
3089	be required to purchase the bonds to the extent that the
3090	department determines that the purchase would endanger or impair
3091	the solvency of the insurer. The authority granted by this sub-
3092	subparagraph is additional to any bonding authority granted by
3093	subparagraph 6.
3094	3.  The plan shall also provide that any member with a
3095	surplus as to policyholders of $20 million or less writing 25
3096	percent or more of its total countrywide property insurance
3097	premiums in this state may petition the department, within the
3098	first 90 days of each calendar year, to qualify as a limited
3099	apportionment company. The apportionment of such a member
3100	company in any calendar year for which it is qualified shall not
3101	exceed its gross participation, which shall not be affected by
3102	the formula for voluntary writings. In no event shall a limited
3103	apportionment company be required to participate in any
3104	apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
3105	or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
3106	$50 million after payment of available plan funds in any
3107	calendar year. However, a limited apportionment company shall
3108	collect from its policyholders any emergency assessment imposed
3109	under sub-sub-subparagraph 2.d.(III). The plan shall provide
3110	that, if the department determines that any regular assessment
3111	will result in an impairment of the surplus of a limited
3112	apportionment company, the department may direct that all or
3113	part of such assessment be deferred. However, there shall be no
3114	limitation or deferment of an emergency assessment to be
3115	collected from policyholders under sub-sub-subparagraph
3116	2.d.(III).
3117	4.  The plan shall provide for the deferment, in whole or
3118	in part, of a regular assessment of a member insurer under sub-
3119	sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but
3120	not for an emergency assessment collected from policyholders
3121	under sub-sub-subparagraph 2.d.(III), if, in the opinion of the
3122	commissioner, payment of such regular assessment would endanger
3123	or impair the solvency of the member insurer. In the event a
3124	regular assessment against a member insurer is deferred in whole
3125	or in part, the amount by which such assessment is deferred may
3126	be assessed against the other member insurers in a manner
3127	consistent with the basis for assessments set forth in sub-sub-
3128	subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
3129	5.a.  The plan of operation may include deductibles and
3130	rules for classification of risks and rate modifications
3131	consistent with the objective of providing and maintaining funds
3132	sufficient to pay catastrophe losses.
3133	b.  It is the intent of the Legislature that the rates for
3134	coverage provided by the association be actuarially sound and
3135	not competitive with approved rates charged in the admitted
3136	voluntary market such that the association functions as a
3137	residual market mechanism to provide insurance only when the
3138	insurance cannot be procured in the voluntary market. The plan
3139	of operation shall provide a mechanism to assure that, beginning
3140	no later than January 1, 1999, the rates charged by the
3141	association for each line of business are reflective of approved
3142	rates in the voluntary market for hurricane coverage for each
3143	line of business in the various areas eligible for association
3144	coverage.
3145	c.  The association shall provide for windstorm coverage on
3146	residential properties in limits up to $10 million for
3147	commercial lines residential risks and up to $1 million for
3148	personal lines residential risks. If coverage with the
3149	association is sought for a residential risk valued in excess of
3150	these limits, coverage shall be available to the risk up to the
3151	replacement cost or actual cash value of the property, at the
3152	option of the insured, if coverage for the risk cannot be
3153	located in the authorized market. The association must accept a
3154	commercial lines residential risk with limits above $10 million
3155	or a personal lines residential risk with limits above $1
3156	million if coverage is not available in the authorized market.
3157	The association may write coverage above the limits specified in
3158	this subparagraph with or without facultative or other
3159	reinsurance coverage, as the association determines appropriate.
3160	d.  The plan of operation must provide objective criteria
3161	and procedures, approved by the department, to be uniformly
3162	applied for all applicants in determining whether an individual
3163	risk is so hazardous as to be uninsurable. In making this
3164	determination and in establishing the criteria and procedures,
3165	the following shall be considered:
3166	(I)  Whether the likelihood of a loss for the individual
3167	risk is substantially higher than for other risks of the same
3168	class; and
3169	(II)  Whether the uncertainty associated with the
3170	individual risk is such that an appropriate premium cannot be
3171	determined.
3172
3173	The acceptance or rejection of a risk by the association
3174	pursuant to such criteria and procedures must be construed as
3175	the private placement of insurance, and the provisions of
3176	chapter 120 do not apply.
3177	e.  If the risk accepts an offer of coverage through the
3178	market assistance program or through a mechanism established by
3179	the association, either before the policy is issued by the
3180	association or during the first 30 days of coverage by the
3181	association, and the producing agent who submitted the
3182	application to the association is not currently appointed by the
3183	insurer, the insurer shall:
3184	(I)  Pay to the producing agent of record of the policy,
3185	for the first year, an amount that is the greater of the
3186	insurer's usual and customary commission for the type of policy
3187	written or a fee equal to the usual and customary commission of
3188	the association; or
3189	(II)  Offer to allow the producing agent of record of the
3190	policy to continue servicing the policy for a period of not less
3191	than 1 year and offer to pay the agent the greater of the
3192	insurer's or the association's usual and customary commission
3193	for the type of policy written.
3194
3195	If the producing agent is unwilling or unable to accept
3196	appointment, the new insurer shall pay the agent in accordance
3197	with sub-sub-subparagraph (I). Subject to the provisions of s.
3198	627.3517, the policies issued by the association must provide
3199	that if the association obtains an offer from an authorized
3200	insurer to cover the risk at its approved rates under either a
3201	standard policy including wind coverage or, if consistent with
3202	the insurer's underwriting rules as filed with the department, a
3203	basic policy including wind coverage, the risk is no longer
3204	eligible for coverage through the association. Upon termination
3205	of eligibility, the association shall provide written notice to
3206	the policyholder and agent of record stating that the
3207	association policy must be canceled as of 60 days after the date
3208	of the notice because of the offer of coverage from an
3209	authorized insurer. Other provisions of the insurance code
3210	relating to cancellation and notice of cancellation do not apply
3211	to actions under this sub-subparagraph.
3212	f.  When the association enters into a contractual
3213	agreement for a take-out plan, the producing agent of record of
3214	the association policy is entitled to retain any unearned
3215	commission on the policy, and the insurer shall:
3216	(I)  Pay to the producing agent of record of the
3217	association policy, for the first year, an amount that is the
3218	greater of the insurer's usual and customary commission for the
3219	type of policy written or a fee equal to the usual and customary
3220	commission of the association; or
3221	(II)  Offer to allow the producing agent of record of the
3222	association policy to continue servicing the policy for a period
3223	of not less than 1 year and offer to pay the agent the greater
3224	of the insurer's or the association's usual and customary
3225	commission for the type of policy written.
3226
3227	If the producing agent is unwilling or unable to accept
3228	appointment, the new insurer shall pay the agent in accordance
3229	with sub-sub-subparagraph (I).
3230	6.a.  The plan of operation may authorize the formation of
3231	a private nonprofit corporation, a private nonprofit
3232	unincorporated association, a partnership, a trust, a limited
3233	liability company, or a nonprofit mutual company which may be
3234	empowered, among other things, to borrow money by issuing bonds
3235	or by incurring other indebtedness and to accumulate reserves or
3236	funds to be used for the payment of insured catastrophe losses.
3237	The plan may authorize all actions necessary to facilitate the
3238	issuance of bonds, including the pledging of assessments or
3239	other revenues.
3240	b.  Any entity created under this subsection, or any entity
3241	formed for the purposes of this subsection, may sue and be sued,
3242	may borrow money; issue bonds, notes, or debt instruments;
3243	pledge or sell assessments, market equalization surcharges and
3244	other surcharges, rights, premiums, contractual rights,
3245	projected recoveries from the Florida Hurricane Catastrophe
3246	Fund, other reinsurance recoverables, and other assets as
3247	security for such bonds, notes, or debt instruments; enter into
3248	any contracts or agreements necessary or proper to accomplish
3249	such borrowings; and take other actions necessary to carry out
3250	the purposes of this subsection. The association may issue bonds
3251	or incur other indebtedness, or have bonds issued on its behalf
3252	by a unit of local government pursuant to subparagraph (6)(p)2.,
3253	in the absence of a hurricane or other weather-related event,
3254	upon a determination by the association subject to approval by
3255	the department that such action would enable it to efficiently
3256	meet the financial obligations of the association and that such
3257	financings are reasonably necessary to effectuate the
3258	requirements of this subsection. Any such entity may accumulate
3259	reserves and retain surpluses as of the end of any association
3260	year to provide for the payment of losses incurred by the
3261	association during that year or any future year. The association
3262	shall incorporate and continue the plan of operation and
3263	articles of agreement in effect on the effective date of chapter
3264	76-96, Laws of Florida, to the extent that it is not
3265	inconsistent with chapter 76-96, and as subsequently modified
3266	consistent with chapter 76-96. The board of directors and
3267	officers currently serving shall continue to serve until their
3268	successors are duly qualified as provided under the plan. The
3269	assets and obligations of the plan in effect immediately prior
3270	to the effective date of chapter 76-96 shall be construed to be
3271	the assets and obligations of the successor plan created herein.
3272	c.  In recognition of s. 10, Art. I of the State
3273	Constitution, prohibiting the impairment of obligations of
3274	contracts, it is the intent of the Legislature that no action be
3275	taken whose purpose is to impair any bond indenture or financing
3276	agreement or any revenue source committed by contract to such
3277	bond or other indebtedness issued or incurred by the association
3278	or any other entity created under this subsection.
3279	7.  On such coverage, an agent's remuneration shall be that
3280	amount of money payable to the agent by the terms of his or her
3281	contract with the company with which the business is placed.
3282	However, no commission will be paid on that portion of the
3283	premium which is in excess of the standard premium of that
3284	company.
3285	8.  Subject to approval by the department, the association
3286	may establish different eligibility requirements and operational
3287	procedures for any line or type of coverage for any specified
3288	eligible area or portion of an eligible area if the board
3289	determines that such changes to the eligibility requirements and
3290	operational procedures are justified due to the voluntary market
3291	being sufficiently stable and competitive in such area or for
3292	such line or type of coverage and that consumers who, in good
3293	faith, are unable to obtain insurance through the voluntary
3294	market through ordinary methods would continue to have access to
3295	coverage from the association. When coverage is sought in
3296	connection with a real property transfer, such requirements and
3297	procedures shall not provide for an effective date of coverage
3298	later than the date of the closing of the transfer as
3299	established by the transferor, the transferee, and, if
3300	applicable, the lender.
3301	9.  Notwithstanding any other provision of law:
3302	a.  The pledge or sale of, the lien upon, and the security
3303	interest in any rights, revenues, or other assets of the
3304	association created or purported to be created pursuant to any
3305	financing documents to secure any bonds or other indebtedness of
3306	the association shall be and remain valid and enforceable,
3307	notwithstanding the commencement of and during the continuation
3308	of, and after, any rehabilitation, insolvency, liquidation,
3309	bankruptcy, receivership, conservatorship, reorganization, or
3310	similar proceeding against the association under the laws of
3311	this state or any other applicable laws.
3312	b.  No such proceeding shall relieve the association of its
3313	obligation, or otherwise affect its ability to perform its
3314	obligation, to continue to collect, or levy and collect,
3315	assessments, market equalization or other surcharges, projected
3316	recoveries from the Florida Hurricane Catastrophe Fund,
3317	reinsurance recoverables, or any other rights, revenues, or
3318	other assets of the association pledged.
3319	c.  Each such pledge or sale of, lien upon, and security
3320	interest in, including the priority of such pledge, lien, or
3321	security interest, any such assessments, emergency assessments,
3322	market equalization or renewal surcharges, projected recoveries
3323	from the Florida Hurricane Catastrophe Fund, reinsurance
3324	recoverables, or other rights, revenues, or other assets which
3325	are collected, or levied and collected, after the commencement
3326	of and during the pendency of or after any such proceeding shall
3327	continue unaffected by such proceeding.
3328	d.  As used in this subsection, the term "financing
3329	documents" means any agreement, instrument, or other document
3330	now existing or hereafter created evidencing any bonds or other
3331	indebtedness of the association or pursuant to which any such
3332	bonds or other indebtedness has been or may be issued and
3333	pursuant to which any rights, revenues, or other assets of the
3334	association are pledged or sold to secure the repayment of such
3335	bonds or indebtedness, together with the payment of interest on
3336	such bonds or such indebtedness, or the payment of any other
3337	obligation of the association related to such bonds or
3338	indebtedness.
3339	e.  Any such pledge or sale of assessments, revenues,
3340	contract rights or other rights or assets of the association
3341	shall constitute a lien and security interest, or sale, as the
3342	case may be, that is immediately effective and attaches to such
3343	assessments, revenues, contract, or other rights or assets,
3344	whether or not imposed or collected at the time the pledge or
3345	sale is made. Any such pledge or sale is effective, valid,
3346	binding, and enforceable against the association or other entity
3347	making such pledge or sale, and valid and binding against and
3348	superior to any competing claims or obligations owed to any
3349	other person or entity, including policyholders in this state,
3350	asserting rights in any such assessments, revenues, contract, or
3351	other rights or assets to the extent set forth in and in
3352	accordance with the terms of the pledge or sale contained in the
3353	applicable financing documents, whether or not any such person
3354	or entity has notice of such pledge or sale and without the need
3355	for any physical delivery, recordation, filing, or other action.
3356	f.  There shall be no liability on the part of, and no
3357	cause of action of any nature shall arise against, any member
3358	insurer or its agents or employees, agents or employees of the
3359	association, members of the board of directors of the
3360	association, or the department or its representatives, for any
3361	action taken by them in the performance of their duties or
3362	responsibilities under this subsection. Such immunity does not
3363	apply to actions for breach of any contract or agreement
3364	pertaining to insurance, or any willful tort.
3365	(c)  The provisions of paragraph (b) are applicable only
3366	with respect to:
3367	1.  Those areas that were eligible for coverage under this
3368	subsection on April 9, 1993; or
3369	2.  Any county or area as to which the department, after
3370	public hearing, finds that the following criteria exist:
3371	a.  Due to the lack of windstorm insurance coverage in the
3372	county or area so affected, economic growth and development is
3373	being deterred or otherwise stifled in such county or area,
3374	mortgages are in default, and financial institutions are unable
3375	to make loans;
3376	b.  The county or area so affected is enforcing the
3377	structural requirements of the Florida Building Code, as defined
3378	in s. 553.73, for new construction and has included adequate
3379	minimum floor elevation requirements for structures in areas
3380	subject to inundation; and
3381	c.  Extending windstorm insurance coverage to such county
3382	or area is consistent with and will implement and further the
3383	policies and objectives set forth in applicable state laws,
3384	rules, and regulations governing coastal management, coastal
3385	construction, comprehensive planning, beach and shore
3386	preservation, barrier island preservation, coastal zone
3387	protection, and the Coastal Zone Protection Act of 1985.
3388
3389	The department shall consider reports of the Florida Building
3390	Commission when evaluating building code enforcement. Any time
3391	after the department has determined that the criteria referred
3392	to in this subparagraph do not exist with respect to any county
3393	or area of the state, it may, after a subsequent public hearing,
3394	declare that such county or area is no longer eligible for
3395	windstorm coverage through the plan.
3396	(d)  For the purpose of evaluating whether the criteria of
3397	paragraph (c) are met, such criteria shall be applied as the
3398	situation would exist if policies had not been written by the
3399	Florida Residential Property and Casualty Joint Underwriting
3400	Association and property insurance for such policyholders was
3401	not available.
3402	(e)1.  Notwithstanding the provisions of subparagraph (c)2.
3403	or paragraph (d), eligibility shall not be extended to any area
3404	that was not eligible on March 1, 1997, except that the
3405	department may act with respect to any petition on which a
3406	hearing was held prior to May 9, 1997.
3407	2.  Notwithstanding the provisions of subparagraph 1., the
3408	following area is eligible for coverage under this subsection
3409	effective July 1, 2002: the area within Port Canaveral which is
3410	bordered on the south by the City of Cape Canaveral, bordered on
3411	the west by the Banana River, and bordered on the north by
3412	United States Government property.
3413	(f)  As used in this subsection, the term "department"
3414	means the former Department of Insurance.
3415	Reviser's note.--Section 13, ch. 2008-66, Laws of
3416	Florida, amended subsection (2) without publishing
3417	paragraphs (a) and (c)-(f). Absent affirmative
3418	evidence of legislative intent to repeal the omitted
3419	paragraphs, subsection (2) is reenacted to confirm the
3420	omission was not intended.
3421	Section 85.  Section 627.35193, Florida Statutes, is
3422	amended to read:
3423	627.35193  Consumer reporting agency request for claims
3424	data from Citizens Property Insurance Corporation.--Upon the
3425	request of a consumer reporting agency, as defined by the
3426	federal Fair Credit Reporting Act, 15 U.S.C. ss. 1681 et seq.,
3427	which consumer reporting agency is in on compliance with the
3428	confidentiality requirements of such act, the Citizens Property
3429	Insurance Corporation shall electronically report claims data
3430	and histories to such consumer reporting agency which maintains
3431	a database of similar data for use in connection with the
3432	underwriting of insurance involving a consumer.
3433	Reviser's note.--Amended to confirm the editorial
3434	substitution of the word "in" for the word "on" to
3435	correct a typographical error.
3436	Section 86.  Paragraph (a) of subsection (5) of section
3437	627.736, Florida Statutes, is amended to read:
3438	627.736  Required personal injury protection benefits;
3439	exclusions; priority; claims.--
3440	(5)  CHARGES FOR TREATMENT OF INJURED PERSONS.--
3441	(a)1.  Any physician, hospital, clinic, or other person or
3442	institution lawfully rendering treatment to an injured person
3443	for a bodily injury covered by personal injury protection
3444	insurance may charge the insurer and injured party only a
3445	reasonable amount pursuant to this section for the services and
3446	supplies rendered, and the insurer providing such coverage may
3447	pay for such charges directly to such person or institution
3448	lawfully rendering such treatment, if the insured receiving such
3449	treatment or his or her guardian has countersigned the properly
3450	completed invoice, bill, or claim form approved by the office
3451	upon which such charges are to be paid for as having actually
3452	been rendered, to the best knowledge of the insured or his or
3453	her guardian. In no event, however, may such a charge be in
3454	excess of the amount the person or institution customarily
3455	charges for like services or supplies. With respect to a
3456	determination of whether a charge for a particular service,
3457	treatment, or otherwise is reasonable, consideration may be
3458	given to evidence of usual and customary charges and payments
3459	accepted by the provider involved in the dispute, and
3460	reimbursement levels in the community and various federal and
3461	state medical fee schedules applicable to automobile and other
3462	insurance coverages, and other information relevant to the
3463	reasonableness of the reimbursement for the service, treatment,
3464	or supply.
3465	2.  The insurer may limit reimbursement to 80 percent of
3466	the following schedule of maximum charges:
3467	a.  For emergency transport and treatment by providers
3468	licensed under chapter 401, 200 percent of Medicare.
3469	b.  For emergency services and care provided by a hospital
3470	licensed under chapter 395, 75 percent of the hospital's usual
3471	and customary charges.
3472	c.  For emergency services and care as defined by s.
3473	395.002(9) provided in a facility licensed under chapter 395
3474	rendered by a physician or dentist, and related hospital
3475	inpatient services rendered by a physician or dentist, the usual
3476	and customary charges in the community.
3477	d.  For hospital inpatient services, other than emergency
3478	services and care, 200 percent of the Medicare Part A
3479	prospective payment applicable to the specific hospital
3480	providing the inpatient services.
3481	e.  For hospital outpatient services, other than emergency
3482	services and care, 200 percent of the Medicare Part A Ambulatory
3483	Payment Classification for the specific hospital providing the
3484	outpatient services.
3485	f.  For all other medical services, supplies, and care, 200
3486	percent of the allowable amount under the participating
3487	physicians schedule of Medicare Part B. However, if such
3488	services, supplies, or care is not reimbursable under Medicare
3489	Part B, the insurer may limit reimbursement to 80 percent of the
3490	maximum reimbursable allowance under workers' compensation, as
3491	determined under s. 440.13 and rules adopted thereunder which
3492	are in effect at the time such services, supplies, or care is
3493	provided. Services, supplies, or care that is not reimbursable
3494	under Medicare or workers' compensation is not required to be
3495	reimbursed by the insurer.
3496	3.  For purposes of subparagraph 2., the applicable fee
3497	schedule or payment limitation under Medicare is the fee
3498	schedule or payment limitation in effect at the time the
3499	services, supplies, or care was rendered and for the area in
3500	which such services were rendered, except that it may not be
3501	less than the allowable amount under the participating
3502	physicians schedule of Medicare Part B for 2007 for medical
3503	services, supplies, and care subject to Medicare Part B.
3504	4.  Subparagraph 2. does not allow the insurer to apply any
3505	limitation on the number of treatments or other utilization
3506	limits that apply under Medicare or workers' compensation. An
3507	insurer that applies the allowable payment limitations of
3508	subparagraph 2. must reimburse a provider who lawfully provided
3509	care or treatment under the scope of his or her license,
3510	regardless of whether such provider would be entitled to
3511	reimbursement under Medicare due to restrictions or limitations
3512	on the types or discipline of health care providers who may be
3513	reimbursed for particular procedures or procedure codes.
3514	5.  If an insurer limits payment as authorized by
3515	subparagraph 2., the person providing such services, supplies,
3516	or care may not bill or attempt to collect from the insured any
3517	amount in excess of such limits, except for amounts that are not
3518	covered by the insured's personal injury protection coverage due
3519	to the coinsurance amount or maximum policy limits.
3520	Reviser's note.--Amended to confirm the editorial
3521	insertion of the word "of" to improve clarity and
3522	facilitate correct interpretation.
3523	Section 87.  Paragraph (j) of subsection (11) of section
3524	718.111, Florida Statutes, is amended to read:
3525	718.111  The association.--
3526	(11)  INSURANCE.--In order to protect the safety, health,
3527	and welfare of the people of the State of Florida and to ensure
3528	consistency in the provision of insurance coverage to
3529	condominiums and their unit owners, this subsection applies to
3530	every residential condominium in the state, regardless of the
3531	date of its declaration of condominium. It is the intent of the
3532	Legislature to encourage lower or stable insurance premiums for
3533	associations described in this subsection.
3534	(j)  Any portion of the condominium property required to be
3535	insured by the association against casualty loss pursuant to
3536	paragraph (f) which is damaged by casualty shall be
3537	reconstructed, repaired, or replaced as necessary by the
3538	association as a common expense. All hazard insurance
3539	deductibles, uninsured losses, and other damages in excess of
3540	hazard insurance coverage under the hazard insurance policies
3541	maintained by the association are a common expense of the
3542	condominium, except that:
3543	1.  A unit owner is responsible for the costs of repair or
3544	replacement of any portion of the condominium property not paid
3545	by insurance proceeds, if such damage is caused by intentional
3546	conduct, negligence, or failure to comply with the terms of the
3547	declaration or the rules of the association by a unit owner, the
3548	members of his or her family, unit occupants, tenants, guests,
3549	or invitees, without compromise of the subrogation rights of any
3550	insurer as set forth in paragraph (g).
3551	2.  The provisions of subparagraph 1. regarding the
3552	financial responsibility of a unit owner for the costs of
3553	repairing or replacing other portions of the condominium
3554	property also apply to the costs of repair or replacement of
3555	personal property of other unit owners or the association, as
3556	well as other property, whether real or personal, which the unit
3557	owners are required to insure under paragraph (g).
3558	3.  To the extent the cost of repair or reconstruction for
3559	which the unit owner is responsible under this paragraph is
3560	reimbursed to the association by insurance proceeds, and, to the
3561	extent the association has collected the cost of such repair or
3562	reconstruction from the unit owner, the association shall
3563	reimburse the unit owner without the waiver of any rights of
3564	subrogation.
3565	4.  The association is not obligated to pay for repair or
3566	reconstruction or repairs of casualty losses as a common expense
3567	if the casualty losses were known or should have been known to a
3568	unit owner and were not reported to the association until after
3569	the insurance claim of the association for that casualty was
3570	settled or resolved with finality, or denied on the basis that
3571	it was untimely filed.
3572	Reviser's note.--Amended to improve clarity and
3573	correct sentence construction.
3574	Section 88.  Paragraph (o) of subsection (2) of section
3575	718.112, Florida Statutes, is amended to read:
3576	718.112  Bylaws.--
3577	(2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
3578	following and, if they do not do so, shall be deemed to include
3579	the following:
3580	(o)  Director or officer offenses.--A director or officer
3581	charged with a felony theft or embezzlement offense involving
3582	the association's funds or property shall be removed from
3583	office, creating a vacancy in the office to be filled according
3584	to law. While such director or officer has such criminal charge
3585	pending, he or she may not be appointed or elected to a position
3586	as a director or officer. However, should the charges be
3587	resolved without a finding of guilt, the director or of officer
3588	shall be reinstated for the remainder of his or her term of
3589	office, if any.
3590	Reviser's note.--Amended to confirm the substitution
3591	of the word "or" for the word "of" by the editors.
3592	Section 89.  Subsection (7) of section 718.113, Florida
3593	Statutes, is amended to read:
3594	718.113  Maintenance; limitation upon improvement; display
3595	of flag; hurricane shutters; display of religious decorations.--
3596	(7)  An association may not refuse the request of a unit
3597	owner for a reasonable accommodation for the attachment on the
3598	mantel or frame of the door of the unit owner of a religious
3599	object not to exceed 3 inches wide, 6 inches high, and 1.5
3600	inches deep.
3601	Reviser's note.--Amended to confirm the insertion of
3602	the word "of" by the editors.
3603	Section 90.  Paragraph (d) of subsection (1) of section
3604	718.501, Florida Statutes, is amended to read:
3605	718.501  Authority, responsibility, and duties of Division
3606	of Florida Condominiums, Timeshares, and Mobile Homes.--
3607	(1)  The Division of Florida Condominiums, Timeshares, and
3608	Mobile Homes of the Department of Business and Professional
3609	Regulation, referred to as the "division" in this part, has the
3610	power to enforce and ensure compliance with the provisions of
3611	this chapter and rules relating to the development,
3612	construction, sale, lease, ownership, operation, and management
3613	of residential condominium units. In performing its duties, the
3614	division has complete jurisdiction to investigate complaints and
3615	enforce compliance with the provisions of this chapter with
3616	respect to associations that are still under developer control
3617	and complaints against developers involving improper turnover or
3618	failure to turnover, pursuant to s. 718.301. However, after
3619	turnover has occurred, the division shall only have jurisdiction
3620	to investigate complaints related to financial issues,
3621	elections, and unit owner access to association records pursuant
3622	to s. 718.111(12).
3623	(d)  Notwithstanding any remedies available to unit owners
3624	and associations, if the division has reasonable cause to
3625	believe that a violation of any provision of this chapter or
3626	related rule has occurred, the division may institute
3627	enforcement proceedings in its own name against any developer,
3628	association, officer, or member of the board of administration,
3629	or its assignees or agents, as follows:
3630	1.  The division may permit a person whose conduct or
3631	actions may be under investigation to waive formal proceedings
3632	and enter into a consent proceeding whereby orders, rules, or
3633	letters of censure or warning, whether formal or informal, may
3634	be entered against the person.
3635	2.  The division may issue an order requiring the
3636	developer, association, developer-designated officer, or
3637	developer-designated member of the board of administration,
3638	developer-designated assignees or agents, community association
3639	manager, or community association management firm to cease and
3640	desist from the unlawful practice and take such affirmative
3641	action as in the judgment of the division will carry out the
3642	purposes of this chapter. If the division finds that a
3643	developer, association, officer, or member of the board of
3644	administration, or its assignees or agents, is violating or is
3645	about to violate any provision of this chapter, any rule adopted
3646	or order issued by the division, or any written agreement
3647	entered into with the division, and presents an immediate danger
3648	to the public requiring an immediate final order, it may issue
3649	an emergency cease and desist order reciting with particularity
3650	the facts underlying such findings. The emergency cease and
3651	desist order is effective for 90 days. If the division begins
3652	nonemergency cease and desist proceedings, the emergency cease
3653	and desist order remains effective until the conclusion of the
3654	proceedings under ss. 120.569 and 120.57.
3655	3.  If a developer fails to pay any restitution determined
3656	by the division to be owed, plus any accrued interest at the
3657	highest rate permitted by law, within 30 days after expiration
3658	of any appellate time period of a final order requiring payment
3659	of restitution or the conclusion of any appeal thereof,
3660	whichever is later, the division shall bring an action in
3661	circuit or county court on behalf of any association, class of
3662	unit owners, lessees, or purchasers for restitution, declaratory
3663	relief, injunctive relief, or any other available remedy. The
3664	division may also temporarily revoke its acceptance of the
3665	filing for the developer to which the restitution relates until
3666	payment of restitution is made.
3667	4.  The division may petition the court for the appointment
3668	of a receiver or conservator. If appointed, the receiver or
3669	conservator may take action to implement the court order to
3670	ensure the performance of the order and to remedy any breach
3671	thereof. In addition to all other means provided by law for the
3672	enforcement of an injunction or temporary restraining order, the
3673	circuit court may impound or sequester the property of a party
3674	defendant, including books, papers, documents, and related
3675	records, and allow the examination and use of the property by
3676	the division and a court-appointed receiver or conservator.
3677	5.  The division may apply to the circuit court for an
3678	order of restitution whereby the defendant in an action brought
3679	pursuant to subparagraph 4. shall be ordered to make restitution
3680	of those sums shown by the division to have been obtained by the
3681	defendant in violation of this chapter. Such restitution shall,
3682	at the option of the court, be payable to the conservator or
3683	receiver appointed pursuant to subparagraph 4. or directly to
3684	the persons whose funds or assets were obtained in violation of
3685	this chapter.
3686	6.  The division may impose a civil penalty against a
3687	developer or association, or its assignee or agent, for any
3688	violation of this chapter or a rule adopted under this chapter.
3689	The division may impose a civil penalty individually against any
3690	officer or board member who willfully and knowingly violates a
3691	provision of this chapter, adopted rule, or a final order of the
3692	division; may order the removal of such individual as an officer
3693	or from the board of administration or as an officer of the
3694	association; and may prohibit such individual from serving as an
3695	officer or on the board of a community association for a period
3696	of time. The term "willfully and knowingly" means that the
3697	division informed the officer or board member that his or her
3698	action or intended action violates this chapter, a rule adopted
3699	under this chapter, or a final order of the division and that
3700	the officer or board member refused to comply with the
3701	requirements of this chapter, a rule adopted under this chapter,
3702	or a final order of the division. The division, prior to
3703	initiating formal agency action under chapter 120, shall afford
3704	the officer or board member an opportunity to voluntarily comply
3705	with this chapter, a rule adopted under this chapter, or a final
3706	order of the division. An officer or board member who complies
3707	within 10 days is not subject to a civil penalty. A penalty may
3708	be imposed on the basis of each day of continuing violation, but
3709	in no event shall the penalty for any offense exceed $5,000. By
3710	January 1, 1998, the division shall adopt, by rule, penalty
3711	guidelines applicable to possible violations or to categories of
3712	violations of this chapter or rules adopted by the division. The
3713	guidelines must specify a meaningful range of civil penalties
3714	for each such violation of the statute and rules and must be
3715	based upon the harm caused by the violation, the repetition of
3716	the violation, and upon such other factors deemed relevant by
3717	the division. For example, the division may consider whether the
3718	violations were committed by a developer or owner-controlled
3719	association, the size of the association, and other factors. The
3720	guidelines must designate the possible mitigating or aggravating
3721	circumstances that justify a departure from the range of
3722	penalties provided by the rules. It is the legislative intent
3723	that minor violations be distinguished from those which endanger
3724	the health, safety, or welfare of the condominium residents or
3725	other persons and that such guidelines provide reasonable and
3726	meaningful notice to the public of likely penalties that may be
3727	imposed for proscribed conduct. This subsection does not limit
3728	the ability of the division to informally dispose of
3729	administrative actions or complaints by stipulation, agreed
3730	settlement, or consent order. All amounts collected shall be
3731	deposited with the Chief Financial Officer to the credit of the
3732	Division of Florida Condominiums, Timeshares, and Mobile Homes
3733	Trust Fund. If a developer fails to pay the civil penalty and
3734	the amount deemed to be owed to the association, the division
3735	shall issue an order directing that such developer cease and
3736	desist from further operation until such time as the civil
3737	penalty is paid or may pursue enforcement of the penalty in a
3738	court of competent jurisdiction. If an association fails to pay
3739	the civil penalty, the division shall pursue enforcement in a
3740	court of competent jurisdiction, and the order imposing the
3741	civil penalty or the cease and desist order will not become
3742	effective until 20 days after the date of such order. Any action
3743	commenced by the division shall be brought in the county in
3744	which the division has its executive offices or in the county
3745	where the violation occurred.
3746	7.  If a unit owner presents the division with proof that
3747	the unit owner has requested access to official records in
3748	writing by certified mail, and that after 10 days the unit owner
3749	again made the same request for access to official records in
3750	writing by certified mail, and that more than 10 days has
3751	elapsed since the second request and the association has still
3752	failed or refused to provide access to official records as
3753	required by this chapter, the division shall issue a subpoena
3754	requiring production of the requested records where the records
3755	are kept pursuant to s. 718.112.
3756	8.  In addition to subparagraph 6., the division may seek
3757	the imposition of a civil penalty through the circuit court for
3758	any violation for which the division may issue a notice to show
3759	cause under paragraph (r) (q). The civil penalty shall be at
3760	least $500 but no more than $5,000 for each violation. The court
3761	may also award to the prevailing party court costs and
3762	reasonable attorney's fees and, if the division prevails, may
3763	also award reasonable costs of investigation.
3764	Reviser's note.--Amended to confirm the substitution
3765	of a reference to "paragraph (r)" for a reference to
3766	"paragraph (q)" by the editors to conform to the
3767	compilation of the 2008 Florida Statutes.
3768	Section 91.  Paragraph (a) of subsection (2) of section
3769	718.503, Florida Statutes, is amended to read:
3770	718.503  Developer disclosure prior to sale; nondeveloper
3771	unit owner disclosure prior to sale; voidability.--
3772	(2)  NONDEVELOPER DISCLOSURE.--
3773	(a)  Each unit owner who is not a developer as defined by
3774	this chapter shall comply with the provisions of this subsection
3775	prior to the sale of his or her unit. Each prospective purchaser
3776	who has entered into a contract for the purchase of a
3777	condominium unit is entitled, at the seller's expense, to a
3778	current copy of the declaration of condominium, articles of
3779	incorporation of the association, bylaws and rules of the
3780	association, financial information required by s. 718.111, and
3781	the document entitled "Frequently Asked Questions and Answers"
3782	required by s. 718.504. On and after January 1, 2009, the
3783	prospective purchaser shall also be entitled to receive from the
3784	seller a copy of a governance form. Such form shall be provided
3785	by the division summarizing governance of condominium
3786	associations. In addition to such other information as the
3787	division considers helpful to a prospective purchaser in
3788	understanding association governance, the governance form shall
3789	address the following subjects:
3790	1.  The role of the board in conducting the day-to-day
3791	affairs of the association on behalf of, and in the best
3792	interests of, the owners.
3793	2.  The board's responsibility to provide advance notice of
3794	board and membership meetings.
3795	3.  The rights of owners to attend and speak at board and
3796	membership meetings.
3797	4.  The responsibility of the board and of owners with
3798	respect to maintenance of the condominium property.
3799	5.  The responsibility of the board and owners to abide by
3800	the condominium documents, this chapter, rules adopted by the
3801	division, and reasonable rules adopted by the board.
3802	6.  Owners' rights to inspect and copy association records
3803	and the limitations on such rights.
3804	7.  Remedies available to owners with respect to actions by
3805	the board which may be abusive or beyond the board's power and
3806	authority.
3807	8.  The right of the board to hire a property management
3808	firm, subject to its own primary responsibility for such
3809	management.
3810	9.  The responsibility of owners with regard to payment of
3811	regular or special assessments necessary for the operation of
3812	the property and the potential consequences of failure to pay
3813	such assessments.
3814	10.  The voting rights of owners.
3815	11.  Rights and obligations of the board in enforcement of
3816	rules in the condominium documents and rules adopted by the
3817	board.
3818
3819	The governance form shall also include the following statement
3820	in conspicuous type: "This publication is intended as an
3821	informal educational overview of condominium governance. In the
3822	event of a conflict, the provisions of chapter 718, Florida
3823	Statutes, rules adopted by the Division of Florida Land Sales,
3824	Condominiums, Timeshares, and Mobile Homes of the Department of
3825	Business and Professional Regulation, the provisions of the
3826	condominium documents, and reasonable rules adopted by the
3827	condominium association's board of administration prevail over
3828	the contents of this publication."
3829	Reviser's note.--Amended to confirm the redesignation
3830	of the Division of Florida Land Sales, Condominiums,
3831	and Mobile Homes as the Division of Florida
3832	Condominiums, Timeshares, and Mobile Homes by s. 8,
3833	ch. 2008-240, Laws of Florida.
3834	Section 92.  Subsection (1) of section 828.25, Florida
3835	Statutes, is amended to read:
3836	828.25  Administration; rules; inspection; fees.--
3837	(1)  The department shall administer the provisions of ss.
3838	828.22-828.26. It shall adopt and may from time to time revise
3839	rules, which rules must conform substantially to and must not be
3840	less restrictive than the rules and regulations promulgated by
3841	the Secretary of Agriculture of the United States pursuant to
3842	the federal Humane Methods of Slaughter Act of 1958, Pub. L. No.
3843	85-765, 72 Stat. 862, and any amendments thereto.
3844	Reviser's note.--Amended to conform to the correct
3845	name of the federal Humane Methods of Slaughter Act of
3846	1958.
3847	Section 93.  Paragraph (c) of subsection (1) of section
3848	937.021, Florida Statutes, is amended to read:
3849	937.021  Missing child and missing adult reports.--
3850	(1)  Law enforcement agencies in this state shall adopt
3851	written policies that specify the procedures to be used to
3852	investigate reports of missing children and missing adults. The
3853	policies must ensure that cases involving missing children and
3854	adults are investigated promptly using appropriate resources.
3855	The policies must include:
3856	(c)  Standards for maintaining and clearing computer data
3857	of information concerning a missing child or and missing adult
3858	which is stored in the Florida Crime Information Center and the
3859	National Crime Information Center. The standards must require,
3860	at a minimum, a monthly review of each case and a determination
3861	of whether the case should be maintained in the database.
3862	Reviser's note.--Amended to substitute the word "or"
3863	for the word "and" to conform to usage in the
3864	remainder of the section.
3865	Section 94.  Section 1000.36, Florida Statutes, is amended
3866	to read:
3867	1000.36  Interstate Compact on Educational Opportunity for
3868	Military Children.--The Governor is authorized and directed to
3869	execute the Interstate Compact on Educational Opportunity for
3870	Military Children on behalf of this state with any other state
3871	or states legally joining therein in the form substantially as
3872	follows:
3873	Interstate Compact on Educational
3874	Opportunity for Military Children
3875
3876	ARTICLE I
3877
3878	PURPOSE.--It is the purpose of this compact to remove
3879	barriers to educational success imposed on children of military
3880	families because of frequent moves and deployment of their
3881	parents by:
3882	A.  Facilitating the timely enrollment of children of
3883	military families and ensuring that they are not placed at a
3884	disadvantage due to difficulty in the transfer of education
3885	records from the previous school district or variations in
3886	entrance or age requirements.
3887	B.  Facilitating the student placement process through
3888	which children of military families are not disadvantaged by
3889	variations in attendance requirements, scheduling, sequencing,
3890	grading, course content, or assessment.
3891	C.  Facilitating the qualification and eligibility for
3892	enrollment, educational programs, and participation in
3893	extracurricular academic, athletic, and social activities.
3894	D.  Facilitating the on-time graduation of children of
3895	military families.
3896	E.  Providing for the adoption and enforcement of
3897	administrative rules implementing this compact.
3898	F.  Providing for the uniform collection and sharing of
3899	information between and among member states, schools, and
3900	military families under this compact.
3901	G.  Promoting coordination between this compact and other
3902	compacts affecting military children.
3903	H.  Promoting flexibility and cooperation between the
3904	educational system, parents, and the student in order to achieve
3905	educational success for the student.
3906
3907	ARTICLE II
3908
3909	DEFINITIONS.--As used in this compact, unless the context
3910	clearly requires a different construction, the term:
3911	A.  "Active duty" means the full-time duty status in the
3912	active uniformed service of the United States, including members
3913	of the National Guard and Reserve on active duty orders pursuant
3914	to 10 U.S.C. ss. 1209 and 1211.
3915	B.  "Children of military families" means school-aged
3916	children, enrolled in kindergarten through 12th grade, in the
3917	household of an active-duty member.
3918	C.  "Compact commissioner" means the voting representative
3919	of each compacting state appointed under Article VIII of this
3920	compact.
3921	D.  "Deployment" means the period 1 month before the
3922	service members' departure from their home station on military
3923	orders through 6 months after return to their home station.
3924	E.  "Educational records" or "education records" means
3925	those official records, files, and data directly related to a
3926	student and maintained by the school or local education agency,
3927	including, but not limited to, records encompassing all the
3928	material kept in the student's cumulative folder such as general
3929	identifying data, records of attendance and of academic work
3930	completed, records of achievement and results of evaluative
3931	tests, health data, disciplinary status, test protocols, and
3932	individualized education programs.
3933	F.  "Extracurricular activities" means a voluntary activity
3934	sponsored by the school or local education agency or an
3935	organization sanctioned by the local education agency.
3936	Extracurricular activities include, but are not limited to,
3937	preparation for and involvement in public performances,
3938	contests, athletic competitions, demonstrations, displays, and
3939	club activities.
3940	G.  "Interstate Commission on Educational Opportunity for
3941	Military Children" means the commission that is created under
3942	Article IX of this compact, which is generally referred to as
3943	the Interstate Commission.
3944	H.  "Local education agency" means a public authority
3945	legally constituted by the state as an administrative agency to
3946	provide control of, and direction for, kindergarten through 12th
3947	grade public educational institutions.
3948	I.  "Member state" means a state that has enacted this
3949	compact.
3950	J.  "Military installation" means a base, camp, post,
3951	station, yard, center, homeport facility for any ship, or other
3952	activity under the jurisdiction of the Department of Defense,
3953	including any leased facility, which is located within any of
3954	the several states, the District of Columbia, the Commonwealth
3955	of Puerto Rico, the United States Virgin Islands, Guam, American
3956	Samoa, the Northern Marianas Islands, and any other United
3957	States Territory. The term does not include any facility used
3958	primarily for civil works, rivers and harbors projects, or flood
3959	control projects.
3960	K.  "Nonmember state" means a state that has not enacted
3961	this compact.
3962	L.  "Receiving state" means the state to which a child of a
3963	military family is sent, brought, or caused to be sent or
3964	brought.
3965	M.  "Rule" means a written statement by the Interstate
3966	Commission adopted under Article XII of this compact which is of
3967	general applicability, implements, interprets, or prescribes a
3968	policy or provision of the compact, or an organizational,
3969	procedural, or practice requirement of the Interstate
3970	Commission, and has the force and effect of statutory law in a
3971	member state, and includes the amendment, repeal, or suspension
3972	of an existing rule.
3973	N.  "Sending state" means the state from which a child of a
3974	military family is sent, brought, or caused to be sent or
3975	brought.
3976	O.  "State" means a state of the United States, the
3977	District of Columbia, the Commonwealth of Puerto Rico, the
3978	United States Virgin Islands, Guam, American Samoa, the Northern
3979	Marianas Islands, and any other United States Territory.
3980	P.  "Student" means the child of a military family for whom
3981	the local education agency receives public funding and who is
3982	formally enrolled in kindergarten through 12th grade.
3983	Q.  "Transition" means:
3984	1.  The formal and physical process of transferring from
3985	school to school; or
3986	2.  The period of time in which a student moves from one
3987	school in the sending state to another school in the receiving
3988	state.
3989	R.  "Uniformed services" means the Army, Navy, Air Force,
3990	Marine Corps, Coast Guard as well as the Commissioned Corps of
3991	the National Oceanic and Atmospheric Administration, and Public
3992	Health Services.
3993	S.  "Veteran" means a person who served in the uniformed
3994	services and who was discharged or released therefrom under
3995	conditions other than dishonorable.
3996
3997	ARTICLE III
3998
3999	APPLICABILITY.--
4000	A.  Except as otherwise provided in Section C, this compact
4001	applies to the children of:
4002	1.  Active duty members of the uniformed services,
4003	including members of the National Guard and Reserve on active-
4004	duty orders pursuant to 10 U.S.C. ss. 1209 and 1211;
4005	2.  Members or veterans of the uniformed services who are
4006	severely injured and medically discharged or retired for a
4007	period of 1 year after medical discharge or retirement; and
4008	3.  Members of the uniformed services who die on active
4009	duty or as a result of injuries sustained on active duty for a
4010	period of 1 year after death.
4011	B.  This interstate compact applies to local education
4012	agencies.
4013	C.  This compact does not apply to the children of:
4014	1.  Inactive members of the National Guard and military
4015	reserves;
4016	2.  Members of the uniformed services now retired, except
4017	as provided in Section A;
4018	3.  Veterans of the uniformed services, except as provided
4019	in Section A; and
4020	4.  Other United States Department of Defense personnel and
4021	other federal agency civilian and contract employees not defined
4022	as active-duty members of the uniformed services.
4023
4024	ARTICLE IV
4025
4026	EDUCATIONAL RECORDS AND ENROLLMENT.--
4027	A.  If a child's official education records cannot be
4028	released to the parents for the purpose of transfer, the
4029	custodian of the records in the sending state shall prepare and
4030	furnish to the parent a complete set of unofficial educational
4031	records containing uniform information as determined by the
4032	Interstate Commission. Upon receipt of the unofficial education
4033	records by a school in the receiving state, that school shall
4034	enroll and appropriately place the student based on the
4035	information provided in the unofficial records pending
4036	validation by the official records, as quickly as possible.
4037	B.  Simultaneous with the enrollment and conditional
4038	placement of the student, the school in the receiving state
4039	shall request the student's official education record from the
4040	school in the sending state. Upon receipt of the request, the
4041	school in the sending state shall process and furnish the
4042	official education records to the school in the receiving state
4043	within 10 days or within such time as is reasonably determined
4044	under the rules adopted by the Interstate Commission.
4045	C.  Compact states must give 30 days from the date of
4046	enrollment or within such time as is reasonably determined under
4047	the rules adopted by the Interstate Commission for students to
4048	obtain any immunization required by the receiving state. For a
4049	series of immunizations, initial vaccinations must be obtained
4050	within 30 days or within such time as is reasonably determined
4051	under the rules promulgated by the Interstate Commission.
4052	D.  Students shall be allowed to continue their enrollment
4053	at grade level in the receiving state commensurate with their
4054	grade level, including kindergarten, from a local education
4055	agency in the sending state at the time of transition,
4056	regardless of age. A student who has satisfactorily completed
4057	the prerequisite grade level in the local education agency in
4058	the sending state is eligible for enrollment in the next highest
4059	grade level in the receiving state, regardless of age. A student
4060	transferring after the start of the school year in the receiving
4061	state shall enter the school in the receiving state on their
4062	validated level from an accredited school in the sending state.
4063
4064	ARTICLE V
4065
4066	PLACEMENT AND ATTENDANCE.--
4067	A.  If a student transfers before or during the school
4068	year, the receiving state school shall initially honor placement
4069	of the student in educational courses based on the student's
4070	enrollment in the sending state school or educational
4071	assessments conducted at the school in the sending state if the
4072	courses are offered. Course placement includes, but is not
4073	limited to, Honors, International Baccalaureate, Advanced
4074	Placement, vocational, technical, and career pathways courses.
4075	Continuing the student's academic program from the previous
4076	school and promoting placement in academically and career
4077	challenging courses should be paramount when considering
4078	placement. A school in the receiving state is not precluded from
4079	performing subsequent evaluations to ensure appropriate
4080	placement and continued enrollment of the student in the
4081	courses.
4082	B.  The receiving state school must initially honor
4083	placement of the student in educational programs based on
4084	current educational assessments conducted at the school in the
4085	sending state or participation or placement in like programs in
4086	the sending state. Such programs include, but are not limited
4087	to:
4088	1.  Gifted and talented programs; and
4089	2.  English as a second language (ESL).
4090
4091	A school in the receiving state is not precluded from performing
4092	subsequent evaluations to ensure appropriate placement and
4093	continued enrollment of the student in the courses.
4094	C.  A receiving state must initially provide comparable
4095	services to a student with disabilities based on his or her
4096	current individualized education program (IEP) in compliance
4097	with the requirements of the Individuals with Disabilities
4098	Education Act (IDEA), 20 U.S.C. s. 1400, et seq. A receiving
4099	state must make reasonable accommodations and modifications to
4100	address the needs of incoming students with disabilities,
4101	subject to an existing section 504 or title II plan, to provide
4102	the student with equal access to education, in compliance with
4103	the provisions of Section 504 of the Rehabilitation Act, 29
4104	U.S.C.A. s. 794, and with title II of the Americans with
4105	Disabilities Act, 42 U.S.C. ss. 12131-12165. A school in the
4106	receiving state is not precluded from performing subsequent
4107	evaluations to ensure appropriate placement and continued
4108	enrollment of the student in the courses.
4109	D.  Local education agency administrative officials may
4110	waive course or program prerequisites, or other preconditions
4111	for placement in courses or programs offered under the
4112	jurisdiction of the local education agency.
4113	E.  A student whose parent or legal guardian is an active-
4114	duty member of the uniformed services and has been called to
4115	duty for, is on leave from, or immediately returned from
4116	deployment to, a combat zone or combat support posting shall be
4117	granted additional excused absences at the discretion of the
4118	local education agency superintendent to visit with his or her
4119	parent or legal guardian relative to such leave or deployment of
4120	the parent or guardian.
4121
4122	ARTICLE VI
4123
4124	ELIGIBILITY.--
4125	A.  When considering the eligibility of a child for
4126	enrolling in a school:
4127	1.  A special power of attorney relative to the
4128	guardianship of a child of a military family and executed under
4129	applicable law is sufficient for the purposes of enrolling the
4130	child in school and for all other actions requiring parental
4131	participation and consent.
4132	2.  A local education agency is prohibited from charging
4133	local tuition to a transitioning military child placed in the
4134	care of a noncustodial parent or other person standing in loco
4135	parentis who lives in a school's jurisdiction different from
4136	that of the custodial parent.
4137	3.  A transitioning military child, placed in the care of a
4138	noncustodial parent or other person standing in loco parentis
4139	who lives in a school's jurisdiction different from that of the
4140	custodial parent, may continue to attend the school in which he
4141	or she was enrolled while residing with the custodial parent.
4142	B.  State and local education agencies must facilitate the
4143	opportunity for transitioning military children's inclusion in
4144	extracurricular activities, regardless of application deadlines,
4145	to the extent they are otherwise qualified.
4146
4147	ARTICLE VII
4148
4149	GRADUATION.--In order to facilitate the on-time graduation
4150	of children of military families, states and local education
4151	agencies shall incorporate the following procedures:
4152	A.  Local education agency administrative officials shall
4153	waive specific courses required for graduation if similar
4154	coursework has been satisfactorily completed in another local
4155	education agency or shall provide reasonable justification for
4156	denial. If a waiver is not granted to a student who would
4157	qualify to graduate from the sending school, the local education
4158	agency must provide an alternative means of acquiring required
4159	coursework so that graduation may occur on time.
4160	B.  States shall accept exit or end-of-course exams
4161	required for graduation from the sending state; national norm-
4162	referenced achievement tests; or alternative testing, in lieu of
4163	testing requirements for graduation in the receiving state. If
4164	these alternatives cannot be accommodated by the receiving state
4165	for a student transferring in his or her senior year, then the
4166	provisions of Article VII, Section C shall apply.
4167	C.  If a military student transfers at the beginning of or
4168	during his or her senior year and is not eligible to graduate
4169	from the receiving local education agency after all alternatives
4170	have been considered, the sending and receiving local education
4171	agencies must ensure the receipt of a diploma from the sending
4172	local education agency, if the student meets the graduation
4173	requirements of the sending local education agency. If one of
4174	the states in question is not a member of this compact, the
4175	member state shall use its best efforts to facilitate the on-
4176	time graduation of the student in accordance with Sections A and
4177	B of this Article.
4178
4179	ARTICLE VIII
4180
4181	STATE COORDINATION.--Each member state shall, through the
4182	creation of a state council or use of an existing body or board,
4183	provide for the coordination among its agencies of government,
4184	local education agencies, and military installations concerning
4185	the state's participation in, and compliance with, this compact
4186	and Interstate Commission activities.
4187	A.  Each member state may determine the membership of its
4188	own state council, but the membership must include at least: the
4189	state superintendent of education, the superintendent of a
4190	school district that has a high concentration of military
4191	children, a representative from a military installation, one
4192	representative each from the legislative and executive branches
4193	of government, and other offices and stakeholder groups the
4194	state council deems appropriate. A member state that does not
4195	have a school district deemed to contain a high concentration of
4196	military children may appoint a superintendent from another
4197	school district to represent local education agencies on the
4198	state council.
4199	B.  The state council of each member state shall appoint or
4200	designate a military family education liaison to assist military
4201	families and the state in facilitating the implementation of
4202	this compact.
4203	C.  The compact commissioner responsible for the
4204	administration and management of the state's participation in
4205	the compact shall be appointed by the Governor or as otherwise
4206	determined by each member state.
4207	D.  The compact commissioner and the military family
4208	education liaison shall be ex officio members of the state
4209	council, unless either is already a full voting member of the
4210	state council.
4211
4212	ARTICLE IX
4213
4214	INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR
4215	MILITARY CHILDREN.--The member states hereby create the
4216	"Interstate Commission on Educational Opportunity for Military
4217	Children." The activities of the Interstate Commission are the
4218	formation of public policy and are a discretionary state
4219	function. The Interstate Commission shall:
4220	A.  Be a body corporate and joint agency of the member
4221	states and shall have all the responsibilities, powers, and
4222	duties set forth herein, and such additional powers as may be
4223	conferred upon it by a subsequent concurrent action of the
4224	respective legislatures of the member states in accordance with
4225	the terms of this compact.
4226	B.  Consist of one Interstate Commission voting
4227	representative from each member state who shall be that state's
4228	compact commissioner.
4229	1.  Each member state represented at a meeting of the
4230	Interstate Commission is entitled to one vote.
4231	2.  A majority of the total member states shall constitute
4232	a quorum for the transaction of business, unless a larger quorum
4233	is required by the bylaws of the Interstate Commission.
4234	3.  A representative shall not delegate a vote to another
4235	member state. In the event the compact commissioner is unable to
4236	attend a meeting of the Interstate Commission, the Governor or
4237	state council may delegate voting authority to another person
4238	from their state for a specified meeting.
4239	4.  The bylaws may provide for meetings of the Interstate
4240	Commission to be conducted by telecommunication or electronic
4241	communication.
4242	C.  Consist of ex officio, nonvoting representatives who
4243	are members of interested organizations. The ex officio members,
4244	as defined in the bylaws, may include, but not be limited to,
4245	members of the representative organizations of military family
4246	advocates, local education agency officials, parent and teacher
4247	groups, the United States Department of Defense, the Education
4248	Commission of the States, the Interstate Agreement on the
4249	Qualification of Educational Personnel, and other interstate
4250	compacts affecting the education of children of military
4251	members.
4252	D.  Meet at least once each calendar year. The chairperson
4253	may call additional meetings and, upon the request of a simple
4254	majority of the member states, shall call additional meetings.
4255	E.  Establish an executive committee, whose members shall
4256	include the officers of the Interstate Commission and such other
4257	members of the Interstate Commission as determined by the
4258	bylaws. Members of the executive committee shall serve a 1-year
4259	term. Members of the executive committee are entitled to one
4260	vote each. The executive committee shall have the power to act
4261	on behalf of the Interstate Commission, with the exception of
4262	rulemaking, during periods when the Interstate Commission is not
4263	in session. The executive committee shall oversee the day-to-day
4264	activities of the administration of the compact, including
4265	enforcement and compliance with the compact, its bylaws and
4266	rules, and other such duties as deemed necessary. The United
4267	States Department of Defense shall serve as an ex officio,
4268	nonvoting member of the executive committee.
4269	F.  Establish bylaws and rules that provide for conditions
4270	and procedures under which the Interstate Commission shall make
4271	its information and official records available to the public for
4272	inspection or copying. The Interstate Commission may exempt from
4273	disclosure information or official records to the extent they
4274	would adversely affect personal privacy rights or proprietary
4275	interests.
4276	G.  Give public notice of all meetings and all meetings
4277	shall be open to the public, except as set forth in the rules or
4278	as otherwise provided in the compact. The Interstate Commission
4279	and its committees may close a meeting, or portion thereof,
4280	where it determines by two-thirds vote that an open meeting
4281	would be likely to:
4282	1.  Relate solely to the Interstate Commission's internal
4283	personnel practices and procedures;
4284	2.  Disclose matters specifically exempted from disclosure
4285	by federal and state statute;
4286	3.  Disclose trade secrets or commercial or financial
4287	information which is privileged or confidential;
4288	4.  Involve accusing a person of a crime, or formally
4289	censuring a person;
4290	5.  Disclose information of a personal nature where
4291	disclosure would constitute a clearly unwarranted invasion of
4292	personal privacy;
4293	6.  Disclose investigative records compiled for law
4294	enforcement purposes; or
4295	7.  Specifically relate to the Interstate Commission's
4296	participation in a civil action or other legal proceeding.
4297	H.  For a meeting, or portion of a meeting, closed pursuant
4298	to this provision, the Interstate Commission's legal counsel or
4299	designee shall certify that the meeting may be closed and shall
4300	reference each relevant exemptible provision. The Interstate
4301	Commission shall keep minutes which shall fully and clearly
4302	describe all matters discussed in a meeting and shall provide a
4303	full and accurate summary of actions taken, and the reasons
4304	therefor, including a description of the views expressed and the
4305	record of a roll call vote. All documents considered in
4306	connection with an action shall be identified in such minutes.
4307	All minutes and documents of a closed meeting shall remain under
4308	seal, subject to release by a majority vote of the Interstate
4309	Commission.
4310	I.  The Interstate Commission shall collect standardized
4311	data concerning the educational transition of the children of
4312	military families under this compact as directed through its
4313	rules which shall specify the data to be collected, the means of
4314	collection and data exchange, and reporting requirements. The
4315	methods of data collection, exchange, and reporting shall,
4316	insofar as is reasonably possible, conform to current technology
4317	and coordinate its information functions with the appropriate
4318	custodian of records as identified in the bylaws and rules.
4319	J.  The Interstate Commission shall create a procedure that
4320	permits military officials, education officials, and parents to
4321	inform the Interstate Commission if and when there are alleged
4322	violations of the compact or its rules or when issues subject to
4323	the jurisdiction of the compact or its rules are not addressed
4324	by the state or local education agency. This section does not
4325	create a private right of action against the Interstate
4326	Commission or any member state.
4327
4328	ARTICLE X
4329
4330	POWERS AND DUTIES OF THE INTERSTATE COMMISSION.--The
4331	Interstate Commission has the power to:
4332	A.  Provide for dispute resolution among member states.
4333	B.  Adopt rules and take all necessary actions to effect
4334	the goals, purposes, and obligations as enumerated in this
4335	compact. The rules have the force and effect of statutory law
4336	and are binding in the compact states to the extent and in the
4337	manner provided in this compact.
4338	C.  Issue, upon request of a member state, advisory
4339	opinions concerning the meaning or interpretation of the
4340	interstate compact, its bylaws, rules, and actions.
4341	D.  Enforce compliance with the compact provisions, the
4342	rules adopted by the Interstate Commission, and the bylaws,
4343	using all necessary and proper means, including, but not limited
4344	to, the use of judicial process.
4345	E.  Establish and maintain offices that shall be located
4346	within one or more of the member states.
4347	F.  Purchase and maintain insurance and bonds.
4348	G.  Borrow, accept, hire, or contract for services of
4349	personnel.
4350	H.  Establish and appoint committees, including, but not
4351	limited to, an executive committee as required by Article IX,
4352	Section E, which shall have the power to act on behalf of the
4353	Interstate Commission in carrying out its powers and duties
4354	hereunder.
4355	I.  Elect or appoint such officers, attorneys, employees,
4356	agents, or consultants, and to fix their compensation, define
4357	their duties, and determine their qualifications; and to
4358	establish the Interstate Commission's personnel policies and
4359	programs relating to conflicts of interest, rates of
4360	compensation, and qualifications of personnel.
4361	J.  Accept any and all donations and grants of money,
4362	equipment, supplies, materials, and services, and to receive,
4363	utilize, and dispose of it.
4364	K.  Lease, purchase, accept contributions or donations of,
4365	or otherwise to own, hold, improve, or use any property, real,
4366	personal, or mixed.
4367	L.  Sell, convey, mortgage, pledge, lease, exchange,
4368	abandon, or otherwise dispose of any property, real, personal,
4369	or mixed.
4370	M.  Establish a budget and make expenditures.
4371	N.  Adopt a seal and bylaws governing the management and
4372	operation of the Interstate Commission.
4373	O.  Report annually to the legislatures, governors,
4374	judiciary, and state councils of the member states concerning
4375	the activities of the Interstate Commission during the preceding
4376	year. Such reports shall also include any recommendations that
4377	may have been adopted by the Interstate Commission.
4378	P.  Coordinate education, training, and public awareness
4379	regarding the compact, its implementation, and operation for
4380	officials and parents involved in such activity.
4381	Q.  Establish uniform standards for the reporting,
4382	collecting, and exchanging of data.
4383	R.  Maintain corporate books and records in accordance with
4384	the bylaws.
4385	S.  Perform such functions as may be necessary or
4386	appropriate to achieve the purposes of this compact.
4387	T.  Provide for the uniform collection and sharing of
4388	information between and among member states, schools, and
4389	military families under this compact.
4390
4391	ARTICLE XI
4392
4393	ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.--
4394	A.  The Interstate Commission shall, by a majority of the
4395	members present and voting, within 12 months after the first
4396	Interstate Commission meeting, adopt bylaws to govern its
4397	conduct as may be necessary or appropriate to carry out the
4398	purposes of the compact, including, but not limited to:
4399	1.  Establishing the fiscal year of the Interstate
4400	Commission;
4401	2.  Establishing an executive committee and such other
4402	committees as may be necessary;
4403	3.  Providing for the establishment of committees and for
4404	governing any general or specific delegation of authority or
4405	function of the Interstate Commission;
4406	4.  Providing reasonable procedures for calling and
4407	conducting meetings of the Interstate Commission and ensuring
4408	reasonable notice of each such meeting;
4409	5.  Establishing the titles and responsibilities of the
4410	officers and staff of the Interstate Commission;
4411	6.  Providing a mechanism for concluding the operations of
4412	the Interstate Commission and the return of surplus funds that
4413	may exist upon the termination of the compact after the payment
4414	and reserving of all of its debts and obligations.
4415	7.  Providing "start up" rules for initial administration
4416	of the compact.
4417	B.  The Interstate Commission shall, by a majority of the
4418	members, elect annually from among its members a chairperson, a
4419	vice chairperson, and a treasurer, each of whom shall have such
4420	authority and duties as may be specified in the bylaws. The
4421	chairperson or, in the chairperson's absence or disability, the
4422	vice chairperson shall preside at all meetings of the Interstate
4423	Commission. The officers so elected shall serve without
4424	compensation or remuneration from the Interstate Commission;
4425	provided that, subject to the availability of budgeted funds,
4426	the officers shall be reimbursed for ordinary and necessary
4427	costs and expenses incurred by them in the performance of their
4428	responsibilities as officers of the Interstate Commission.
4429	C.  The executive committee has the authority and duties as
4430	may be set forth in the bylaws, including, but not limited to:
4431	1.  Managing the affairs of the Interstate Commission in a
4432	manner consistent with the bylaws and purposes of the Interstate
4433	Commission;
4434	2.  Overseeing an organizational structure within, and
4435	appropriate procedures for, the Interstate Commission to provide
4436	for the adoption of rules, operating procedures, and
4437	administrative and technical support functions; and
4438	3.  Planning, implementing, and coordinating communications
4439	and activities with other state, federal, and local government
4440	organizations in order to advance the goals of the Interstate
4441	Commission.
4442	D.  The executive committee may, subject to the approval of
4443	the Interstate Commission, appoint or retain an executive
4444	director for such period, upon such terms and conditions and for
4445	such compensation, as the Interstate Commission may deem
4446	appropriate. The executive director shall serve as secretary to
4447	the Interstate Commission but is not a member of the Interstate
4448	Commission. The executive director shall hire and supervise such
4449	other persons as may be authorized by the Interstate Commission.
4450	E.  The Interstate Commission's executive director and its
4451	employees are immune from suit and liability, either personally
4452	or in their official capacity, for a claim for damage to or loss
4453	of property or personal injury or other civil liability caused
4454	or arising out of, or relating to, an actual or alleged act,
4455	error, or omission that occurred, or that such person had a
4456	reasonable basis for believing occurred, within the scope of
4457	Interstate Commission employment, duties, or responsibilities,
4458	provided that the person is not protected from suit or liability
4459	for damage, loss, injury, or liability caused by the intentional
4460	or willful and wanton misconduct of the person.
4461	1.  The liability of the Interstate Commission's executive
4462	director and employees or Interstate Commission representatives,
4463	acting within the scope of the person's employment or duties,
4464	for acts, errors, or omissions occurring within the person's
4465	state may not exceed the limits of liability set forth under the
4466	constitution and laws of that state for state officials,
4467	employees, and agents. The Interstate Commission is considered
4468	to be an instrumentality of the states for the purposes of any
4469	such action. This subsection does not protect the person from
4470	suit or liability for damage, loss, injury, or liability caused
4471	by the intentional or willful and wanton misconduct of the
4472	person.
4473	2.  The Interstate Commission shall defend the executive
4474	director and its employees and, subject to the approval of the
4475	Attorney General or other appropriate legal counsel of the
4476	member state represented by an Interstate Commission
4477	representative, shall defend an Interstate Commission
4478	representative in any civil action seeking to impose liability
4479	arising out of an actual or alleged act, error, or omission that
4480	occurred within the scope of Interstate Commission employment,
4481	duties, or responsibilities, or that the defendant had a
4482	reasonable basis for believing occurred within the scope of
4483	Interstate Commission employment, duties, or responsibilities,
4484	provided that the actual or alleged act, error, or omission did
4485	not result from intentional or willful and wanton misconduct on
4486	the part of the person.
4487	3.  To the extent not covered by the state involved, a
4488	member state, the Interstate Commission, and the representatives
4489	or employees of the Interstate Commission shall be held harmless
4490	in the amount of a settlement or judgment, including attorney's
4491	fees and costs, obtained against a person arising out of an
4492	actual or alleged act, error, or omission that occurred within
4493	the scope of Interstate Commission employment, duties, or
4494	responsibilities, or that the person had a reasonable basis for
4495	believing occurred within the scope of Interstate Commission
4496	employment, duties, or responsibilities, provided that the
4497	actual or alleged act, error, or omission did not result from
4498	intentional or willful and wanton misconduct on the part of the
4499	person.
4500
4501	ARTICLE XII
4502
4503	RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.--The
4504	Interstate Commission shall adopt rules to effectively and
4505	efficiently implement this act to achieve the purposes of this
4506	compact.
4507	A.  If the Interstate Commission exercises its rulemaking
4508	authority in a manner that is beyond the scope of the purposes
4509	of this act, or the powers granted hereunder, the action
4510	undertaken by the Interstate Commission is invalid and has no
4511	force or effect.
4512	B.  Rules must be adopted pursuant to a rulemaking process
4513	that substantially conforms to the "Model State Administrative
4514	Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p.
4515	1 (2000) as amended, as may be appropriate to the operations of
4516	the Interstate Commission.
4517	C.  No later than 30 days after a rule is adopted, a person
4518	may file a petition for judicial review of the rule. The filing
4519	of the petition does not stay or otherwise prevent the rule from
4520	becoming effective unless a court finds that the petitioner has
4521	a substantial likelihood of success on the merits of the
4522	petition. The court shall give deference to the actions of the
4523	Interstate Commission consistent with applicable law and shall
4524	not find the rule to be unlawful if the rule represents a
4525	reasonable exercise of the Interstate Commission's authority.
4526	D.  If a majority of the legislatures of the compacting
4527	states rejects a rule by enactment of a statute or resolution in
4528	the same manner used to adopt the compact, then the rule is
4529	invalid and has no further force and effect in any compacting
4530	state.
4531
4532	ARTICLE XIII
4533
4534	OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION.--
4535	A.  The executive, legislative, and judicial branches of
4536	state government in each member state shall enforce this compact
4537	and shall take all actions necessary and appropriate to
4538	effectuate the compact's purposes and intent. The provisions of
4539	this compact and the rules adopted under it have the force and
4540	effect of statutory law.
4541	B.  All courts shall take judicial notice of the compact
4542	and its adopted rules in any judicial or administrative
4543	proceeding in a member state pertaining to the subject matter of
4544	this compact which may affect the powers, responsibilities, or
4545	actions of the Interstate Commission.
4546	C.  The Interstate Commission is entitled to receive all
4547	service of process in any such proceeding, and has standing to
4548	intervene in the proceeding for all purposes. Failure to provide
4549	service of process to the Interstate Commission renders a
4550	judgment or order void as to the Interstate Commission, this
4551	compact, or its adopted rules.
4552	D.  If the Interstate Commission determines that a member
4553	state has defaulted in the performance of its obligations or
4554	responsibilities under this compact, or the bylaws or the
4555	adopted rules, the Interstate Commission shall:
4556	1.  Provide written notice to the defaulting state and
4557	other member states of the nature of the default, the means of
4558	curing the default, and any action taken by the Interstate
4559	Commission. The Interstate Commission must specify the
4560	conditions by which the defaulting state must cure its default.
4561	2.  Provide remedial training and specific technical
4562	assistance regarding the default.
4563	3.  If the defaulting state fails to cure the default,
4564	terminate the defaulting state from the compact upon an
4565	affirmative vote of a majority of the member states and all
4566	rights, privileges, and benefits conferred by this compact shall
4567	be terminated from the effective date of termination. A cure of
4568	the default does not relieve the offending state of obligations
4569	or liabilities incurred during the period of the default.
4570	E.  Suspension or termination of membership in the compact
4571	may not be imposed on a member until all other means of securing
4572	compliance have been exhausted. Notice of the intent to suspend
4573	or terminate membership must be given by the Interstate
4574	Commission to the Governor, the majority and minority leaders of
4575	the defaulting state's legislature, and each of the member
4576	states.
4577	F.  A state that has been suspended or terminated is
4578	responsible for all assessments, obligations, and liabilities
4579	incurred through the effective date of suspension or
4580	termination, including obligations, the performance of which
4581	extends beyond the effective date of suspension or termination.
4582	G.  The remaining member states of the Interstate
4583	Commission do not bear any costs arising from a state that has
4584	been found to be in default or that has been suspended or
4585	terminated from the compact, unless otherwise mutually agreed
4586	upon in writing between the Interstate Commission and the
4587	defaulting state.
4588	H.  A defaulting state may appeal the action of the
4589	Interstate Commission by petitioning the United States District
4590	Court for the District of Columbia or the federal district where
4591	the Interstate Commission has its principal offices. The
4592	prevailing party shall be awarded all costs of such litigation,
4593	including reasonable attorney's fees.
4594	I.  The Interstate Commission shall attempt, upon the
4595	request of a member state, to resolve disputes that are subject
4596	to the compact and that may arise among member states and
4597	between member and nonmember states. The Interstate Commission
4598	shall promulgate a rule providing for both mediation and binding
4599	dispute resolution for disputes as appropriate.
4600	1.  The Interstate Commission, in the reasonable exercise
4601	of its discretion, shall enforce the provisions and rules of
4602	this compact.
4603	2.  The Interstate Commission may, by majority vote of the
4604	members, initiate legal action in the United States District
4605	Court for the District of Columbia or, at the discretion of the
4606	Interstate Commission, in the federal district where the
4607	Interstate Commission has its principal offices to enforce
4608	compliance with the provisions of the compact, or its
4609	promulgated rules and bylaws, against a member state in default.
4610	The relief sought may include both injunctive relief and
4611	damages. In the event judicial enforcement is necessary, the
4612	prevailing party shall be awarded all costs of such litigation,
4613	including reasonable attorney's fees.
4614	3.  The remedies herein are not the exclusive remedies of
4615	the Interstate Commission. The Interstate Commission may avail
4616	itself of any other remedies available under state law or the
4617	regulation of a profession.
4618
4619	ARTICLE XIV
4620
4621	FINANCING OF THE INTERSTATE COMMISSION.--
4622	A.  The Interstate Commission shall pay, or provide for the
4623	payment of, the reasonable expenses of its establishment,
4624	organization, and ongoing activities.
4625	B.  The Interstate Commission may levy on and collect an
4626	annual assessment from each member state to cover the cost of
4627	the operations and activities of the Interstate Commission and
4628	its staff which must be in a total amount sufficient to cover
4629	the Interstate Commission's annual budget as approved each year.
4630	The aggregate annual assessment amount shall be allocated based
4631	upon a formula to be determined by the Interstate Commission,
4632	which shall adopt a rule binding upon all member states.
4633	C.  The Interstate Commission may not incur any obligation
4634	of any kind before securing the funds adequate to meet the
4635	obligation and the Interstate Commission may not pledge the
4636	credit of any of the member states, except by and with the
4637	permission of the member state.
4638	D.  The Interstate Commission shall keep accurate accounts
4639	of all receipts and disbursements. The receipts and
4640	disbursements of the Interstate Commission are subject to audit
4641	and accounting procedures established under its bylaws. However,
4642	all receipts and disbursements of funds handled by the
4643	Interstate Commission shall be audited yearly by a certified or
4644	licensed public accountant, and the report of the audit shall be
4645	included in and become part of the annual report of the
4646	Interstate Commission.
4647
4648	ARTICLE XV
4649
4650	MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT.--
4651	A.  Any state is eligible to become a member state.
4652	B.  The compact shall take effect and be binding upon
4653	legislative enactment of the compact into law by not less than
4654	10 of the states. The effective date shall be no earlier than
4655	December 1, 2007. Thereafter, it shall become effective and
4656	binding as to any other member state upon enactment of the
4657	compact into law by that state. The governors of nonmember
4658	states or their designees shall be invited to participate in the
4659	activities of the Interstate Commission on a nonvoting basis
4660	before adoption of the compact by all states.
4661	C.  The Interstate Commission may propose amendments to the
4662	compact for enactment by the member states. An amendment does
4663	not become effective and binding upon the Interstate Commission
4664	and the member states until the amendment is enacted into law by
4665	unanimous consent of the member states.
4666
4667	ARTICLE XVI
4668
4669	WITHDRAWAL AND DISSOLUTION.--
4670	A.  Once in effect, the compact continues in force and
4671	remains binding upon each and every member state, provided that
4672	a member state may withdraw from the compact, specifically
4673	repealing the statute that enacted the compact into law.
4674	1.  Withdrawal from the compact occurs when a statute
4675	repealing its membership is enacted by the state, but does not
4676	take effect until 1 year after the effective date of the statute
4677	and until written notice of the withdrawal has been given by the
4678	withdrawing state to the Governor of each other member state.
4679	2.  The withdrawing state must immediately notify the
4680	chairperson of the Interstate Commission in writing upon the
4681	introduction of legislation repealing this compact in the
4682	withdrawing state. The Interstate Commission shall notify the
4683	other member states of the withdrawing state's intent to
4684	withdraw within 60 days after its receipt thereof.
4685	3.  A withdrawing state is responsible for all assessments,
4686	obligations, and liabilities incurred through the effective date
4687	of withdrawal, including obligations, the performance of which
4688	extend beyond the effective date of withdrawal.
4689	4.  Reinstatement following withdrawal of a member state
4690	shall occur upon the withdrawing state reenacting the compact or
4691	upon such later date as determined by the Interstate Commission.
4692	B.  This compact shall dissolve effective upon the date of
4693	the withdrawal or default of the member state which reduces the
4694	membership in the compact to one member state.
4695	C.  Upon the dissolution of this compact, the compact
4696	becomes void and has no further force or effect, and the
4697	business and affairs of the Interstate Commission shall be
4698	concluded and surplus funds shall be distributed in accordance
4699	with the bylaws.
4700
4701	ARTICLE XVII
4702
4703	SEVERABILITY AND CONSTRUCTION.--
4704	A.  The provisions of this compact shall be severable, and
4705	if any phrase, clause, sentence, or provision is deemed
4706	unenforceable, the remaining provisions of the compact shall be
4707	enforceable.
4708	B.  The provisions of this compact shall be liberally
4709	construed to effectuate its purposes.
4710	C.  This compact does not prohibit the applicability of
4711	other interstate compacts to which the states are members.
4712
4713	ARTICLE XVIII
4714
4715	BINDING EFFECT OF COMPACT AND OTHER LAWS.--
4716	A.  This compact does not prevent the enforcement of any
4717	other law of a member state that is not inconsistent with this
4718	compact.
4719	B.  All member states' laws conflicting with this compact
4720	are superseded to the extent of the conflict.
4721	C.  All lawful actions of the Interstate Commission,
4722	including all rules and bylaws promulgated by the Interstate
4723	Commission, are binding upon the member states.
4724	D.  All agreements between the Interstate Commission and
4725	the member states are binding in accordance with their terms.
4726	E.  If any part of this compact exceeds the constitutional
4727	limits imposed on the legislature of any member state, the
4728	provision shall be ineffective to the extent of the conflict
4729	with the constitutional provision in question in that member
4730	state.
4731	Reviser's note.--Amended to confirm the insertion of
4732	the word "of" by the editors.
4733	Section 95.  Subsection (1) of section 1001.395, Florida
4734	Statutes, as amended by section 1 of chapter 2009-3, Laws of
4735	Florida, is amended to read:
4736	1001.395  District school board members; compensation.--
4737	(1)  Each member of the district school board shall receive
4738	a base salary, the amounts indicated in this section, based on
4739	the population of the county the district school board member
4740	serves. In addition, compensation shall be made for population
4741	increments over the minimum for each population group, which
4742	shall be determined by multiplying the population in excess of
4743	the minimum for the group times the group rate. The product of
4744	such calculation shall be added to the base salary to determine
4745	the adjusted base salary. The adjusted base salaries of district
4746	school board members shall be increased annually as provided for
4747	in s. 145.19.
4748
4749
	Pop. Group County Pop. Range Base Salary Group Rate
4750
4751
	Minimum Maximum
4752
4753
	I -0- 9,999 $5,000 $0.08330
4754
4755
	II 10,000 49,999 5,833 0.020830
4756
4757
	III 50,000 99,999 6,666 0.016680
4758
4759
	IV 100,000 199,999 7,500 0.008330
4760
4761
	V 200,000 399,999 8,333 0.004165
4762
4763
	VI 400,000 999,999 9,166 0.001390
4764
4765
	VII 1,000,000 10,000 0.000000
4766
4767
4768	District school board member salaries negotiated on or after
4769	November of 2006 shall remain in effect up to the date of the
4770	2007-2008 calculation provided pursuant to s. 145.19.
4771	Reviser's note.--Amended to delete a provision that
4772	has served its purpose.
4773	Section 96.  Paragraph (e) of subsection (4) of section
4774	1002.36, Florida Statutes, is amended to read:
4775	1002.36  Florida School for the Deaf and the Blind.--
4776	(4)  BOARD OF TRUSTEES.--
4777	(e)  The board of trustees is invested with full power and
4778	authority to:
4779	1.  Appoint a president, faculty, teachers, and other
4780	employees and remove the same as in its judgment may be best and
4781	fix their compensation.
4782	2.  Procure professional services, such as medical, mental
4783	health, architectural, and engineering.
4784	3.  Procure legal services without the prior written
4785	approval of the Attorney General.
4786	4.  Determine eligibility of students and procedure for
4787	admission.
4788	5.  Provide for the students of the school necessary
4789	bedding, clothing, food, and medical attendance and such other
4790	things as may be proper for the health and comfort of the
4791	students without cost to their parents, except that the board of
4792	trustees may set tuition and other fees for nonresidents.
4793	6.  Provide for the proper keeping of accounts and records
4794	and for budgeting of funds.
4795	7.  Enter into contracts.
4796	8.  Sue and be sued.
4797	9.  Secure public liability insurance.
4798	10.  Do and perform every other matter or thing requisite
4799	to the proper management, maintenance, support, and control of
4800	the school at the highest efficiency economically possible, the
4801	board of trustees taking into consideration the purposes of the
4802	establishment.
4803	11.  Receive gifts, donations, and bequests of money or
4804	property, real or personal, tangible or intangible, from any
4805	person, firm, corporation, or other legal entity. However, the
4806	board of trustees may not obligate the state to any expenditure
4807	or policy that is not specifically authorized by law. If the
4808	bill of sale, will, trust indenture, deed, or other legal
4809	conveyance specifies terms and conditions concerning the use of
4810	such money or property, the board of trustees shall observe such
4811	terms and conditions.
4812	12.  Deposit outside the State Treasury such moneys as are
4813	received as gifts, donations, or bequests and may disburse and
4814	expend such moneys, upon its own warrant, for the use and
4815	benefit of the Florida School for the Deaf and the Blind and its
4816	students, as the board of trustees deems to be in the best
4817	interest of the school and its students. Such money or property
4818	shall not constitute or be considered a part of any legislative
4819	appropriation.
4820	13.  Sell or convey by bill of sale, deed, or other legal
4821	instrument any property, real or personal, received as a gift,
4822	donation, or bequest, upon such terms and conditions as the
4823	board of trustees deems to be in the best interest of the school
4824	and its students.
4825	14.  Invest such moneys in securities enumerated under s.
4826	215.47(1), (2)(c), (3), (4), and (10) 215.47(1), (2)(c), (3),
4827	(4), and (9), and in The Common Fund, an Investment Management
4828	Fund exclusively for nonprofit educational institutions.
4829	Reviser's note.--Amended to conform to the renumbering
4830	of subsections resulting from the addition of a new
4831	subsection (7) by s. 3, ch. 2008-31, Laws of Florida.
4832	Section 97.  Subsection (4) of section 1006.035, Florida
4833	Statutes, is amended to read:
4834	1006.035  Dropout reentry and mentor project.--
4835	(4)  In each of the four locations, the project shall
4836	identify 15 high-achieving minority students to serve as one-on-
4837	one mentors to the students who are being reentered in school.
4838	An alumnus of Bethune-Cookman University College, Florida
4839	Memorial University College, Edward Waters College, or Florida
4840	Agricultural and Mechanical University shall be assigned to each
4841	pair of students. Student mentors and alumni must serve as role
4842	models and resource people for the students who are being
4843	reentered in school.
4844	Reviser's note.--Amended to conform to the correct
4845	names of Bethune-Cookman University and Florida
4846	Memorial University.
4847	Section 98.  Subsection (1) of section 1006.59, Florida
4848	Statutes, is amended to read:
4849	1006.59  The Historically Black College and University
4850	Library Improvement Program.--
4851	(1)  It is the intent of the Legislature to enhance the
4852	quality of the libraries at Florida Agricultural and Mechanical
4853	University, Bethune-Cookman University College, Edward Waters
4854	College, and Florida Memorial University College.
4855	Reviser's note.--Amended to conform to the correct
4856	names of Bethune-Cookman University and Florida
4857	Memorial University.
4858	Section 99.  Paragraph (c) of subsection (3) of section
4859	1008.22, Florida Statutes, is amended to read:
4860	1008.22  Student assessment program for public schools.--
4861	(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall
4862	design and implement a statewide program of educational
4863	assessment that provides information for the improvement of the
4864	operation and management of the public schools, including
4865	schools operating for the purpose of providing educational
4866	services to youth in Department of Juvenile Justice programs.
4867	The commissioner may enter into contracts for the continued
4868	administration of the assessment, testing, and evaluation
4869	programs authorized and funded by the Legislature. Contracts may
4870	be initiated in 1 fiscal year and continue into the next and may
4871	be paid from the appropriations of either or both fiscal years.
4872	The commissioner is authorized to negotiate for the sale or
4873	lease of tests, scoring protocols, test scoring services, and
4874	related materials developed pursuant to law. Pursuant to the
4875	statewide assessment program, the commissioner shall:
4876	(c)  Develop and implement a student achievement testing
4877	program known as the Florida Comprehensive Assessment Test
4878	(FCAT) as part of the statewide assessment program to measure a
4879	student's content knowledge and skills in reading, writing,
4880	science, and mathematics. Other content areas may be included as
4881	directed by the commissioner. Comprehensive assessments of
4882	reading and mathematics shall be administered annually in grades
4883	3 through 10. Comprehensive assessments of writing and science
4884	shall be administered at least once at the elementary, middle,
4885	and high school levels. End-of-course assessments for a subject
4886	may be administered in addition to the comprehensive assessments
4887	required for that subject under this paragraph. An end-of-course
4888	assessment must be rigorous, statewide, standardized, and
4889	developed or approved by the department. The content knowledge
4890	and skills assessed by comprehensive and end-of-course
4891	assessments must be aligned to the core curricular content
4892	established in the Sunshine State Standards. The commissioner
4893	may select one or more nationally developed comprehensive
4894	examinations, which may include, but need not be limited to,
4895	examinations for a College Board Advanced Placement course,
4896	International Baccalaureate course, or Advanced International
4897	Certificate of Education course or industry-approved
4898	examinations to earn national industry certifications as defined
4899	in s. 1003.492, for use as end-of-course assessments under this
4900	paragraph, if the commissioner determines that the content
4901	knowledge and skills assessed by the examinations meet or exceed
4902	the grade level expectations for the core curricular content
4903	established for the course in the Next Generation Sunshine State
4904	Standards. The commissioner may collaborate with the American
4905	Diploma Project in the adoption or development of rigorous end-
4906	of-course assessments that are aligned to the Next Generation
4907	Sunshine State Standards. The testing program must be designed
4908	as follows:
4909	1.  The tests shall measure student skills and competencies
4910	adopted by the State Board of Education as specified in
4911	paragraph (a). The tests must measure and report student
4912	proficiency levels of all students assessed in reading, writing,
4913	mathematics, and science. The commissioner shall provide for the
4914	tests to be developed or obtained, as appropriate, through
4915	contracts and project agreements with private vendors, public
4916	vendors, public agencies, postsecondary educational
4917	institutions, or school districts. The commissioner shall obtain
4918	input with respect to the design and implementation of the
4919	testing program from state educators, assistive technology
4920	experts, and the public.
4921	2.  The testing program shall be composed of criterion-
4922	referenced tests that shall, to the extent determined by the
4923	commissioner, include test items that require the student to
4924	produce information or perform tasks in such a way that the core
4925	content knowledge and skills he or she uses can be measured.
4926	3.  Beginning with the 2008-2009 school year, the
4927	commissioner shall discontinue administration of the selected-
4928	response test items on the comprehensive assessments of writing.
4929	Beginning with the 2012-2013 school year, the comprehensive
4930	assessments of writing shall be composed of a combination of
4931	selected-response test items, short-response performance tasks,
4932	and extended-response performance tasks, which shall measure a
4933	student's content knowledge of writing, including, but not
4934	limited to, paragraph and sentence structure, sentence
4935	construction, grammar and usage, punctuation, capitalization,
4936	spelling, parts of speech, verb tense, irregular verbs, subject-
4937	verb agreement, and noun-pronoun agreement.
4938	4.  A score shall be designated for each subject area
4939	tested, below which score a student's performance is deemed
4940	inadequate. The school districts shall provide appropriate
4941	remedial instruction to students who score below these levels.
4942	5.  Except as provided in s. 1003.428(8)(b) or s.
4943	1003.43(11)(b), students must earn a passing score on the grade
4944	10 assessment test described in this paragraph or attain
4945	concordant scores as described in subsection (10) (9) in
4946	reading, writing, and mathematics to qualify for a standard high
4947	school diploma. The State Board of Education shall designate a
4948	passing score for each part of the grade 10 assessment test. In
4949	establishing passing scores, the state board shall consider any
4950	possible negative impact of the test on minority students. The
4951	State Board of Education shall adopt rules which specify the
4952	passing scores for the grade 10 FCAT. Any such rules, which have
4953	the effect of raising the required passing scores, shall apply
4954	only to students taking the grade 10 FCAT for the first time
4955	after such rules are adopted by the State Board of Education.
4956	6.  Participation in the testing program is mandatory for
4957	all students attending public school, including students served
4958	in Department of Juvenile Justice programs, except as otherwise
4959	prescribed by the commissioner. If a student does not
4960	participate in the statewide assessment, the district must
4961	notify the student's parent and provide the parent with
4962	information regarding the implications of such nonparticipation.
4963	A parent must provide signed consent for a student to receive
4964	classroom instructional accommodations that would not be
4965	available or permitted on the statewide assessments and must
4966	acknowledge in writing that he or she understands the
4967	implications of such instructional accommodations. The State
4968	Board of Education shall adopt rules, based upon recommendations
4969	of the commissioner, for the provision of test accommodations
4970	for students in exceptional education programs and for students
4971	who have limited English proficiency. Accommodations that negate
4972	the validity of a statewide assessment are not allowable in the
4973	administration of the FCAT. However, instructional
4974	accommodations are allowable in the classroom if included in a
4975	student's individual education plan. Students using
4976	instructional accommodations in the classroom that are not
4977	allowable as accommodations on the FCAT may have the FCAT
4978	requirement waived pursuant to the requirements of s.
4979	1003.428(8)(b) or s. 1003.43(11)(b).
4980	7.  A student seeking an adult high school diploma must
4981	meet the same testing requirements that a regular high school
4982	student must meet.
4983	8.  District school boards must provide instruction to
4984	prepare students to demonstrate proficiency in the core
4985	curricular content established in the Next Generation Sunshine
4986	State Standards adopted under s. 1003.41, including the core
4987	content knowledge and skills necessary for successful grade-to-
4988	grade progression and high school graduation. If a student is
4989	provided with instructional accommodations in the classroom that
4990	are not allowable as accommodations in the statewide assessment
4991	program, as described in the test manuals, the district must
4992	inform the parent in writing and must provide the parent with
4993	information regarding the impact on the student's ability to
4994	meet expected proficiency levels in reading, writing, and
4995	mathematics. The commissioner shall conduct studies as necessary
4996	to verify that the required core curricular content is part of
4997	the district instructional programs.
4998	9.  District school boards must provide opportunities for
4999	students to demonstrate an acceptable level of performance on an
5000	alternative standardized assessment approved by the State Board
5001	of Education following enrollment in summer academies.
5002	10.  The Department of Education must develop, or select,
5003	and implement a common battery of assessment tools that will be
5004	used in all juvenile justice programs in the state. These tools
5005	must accurately measure the core curricular content established
5006	in the Sunshine State Standards.
5007	11.  For students seeking a special diploma pursuant to s.
5008	1003.438, the Department of Education must develop or select and
5009	implement an alternate assessment tool that accurately measures
5010	the core curricular content established in the Sunshine State
5011	Standards for students with disabilities under s. 1003.438.
5012	12.  The Commissioner of Education shall establish
5013	schedules for the administration of statewide assessments and
5014	the reporting of student test results. The commissioner shall,
5015	by August 1 of each year, notify each school district in writing
5016	and publish on the department's Internet website the testing and
5017	reporting schedules for, at a minimum, the school year following
5018	the upcoming school year. The testing and reporting schedules
5019	shall require that:
5020	a.  There is the latest possible administration of
5021	statewide assessments and the earliest possible reporting to the
5022	school districts of student test results which is feasible
5023	within available technology and specific appropriations;
5024	however, test results must be made available no later than the
5025	final day of the regular school year for students.
5026	b.  Beginning with the 2010-2011 school year, a
5027	comprehensive statewide assessment of writing is not
5028	administered earlier than the week of March 1 and a
5029	comprehensive statewide assessment of any other subject is not
5030	administered earlier than the week of April 15.
5031	c.  A statewide standardized end-of-course assessment is
5032	administered within the last 2 weeks of the course.
5033
5034	The commissioner may, based on collaboration and input from
5035	school districts, design and implement student testing programs,
5036	for any grade level and subject area, necessary to effectively
5037	monitor educational achievement in the state, including the
5038	measurement of educational achievement of the Sunshine State
5039	Standards for students with disabilities. Development and
5040	refinement of assessments shall include universal design
5041	principles and accessibility standards that will prevent any
5042	unintended obstacles for students with disabilities while
5043	ensuring the validity and reliability of the test. These
5044	principles should be applicable to all technology platforms and
5045	assistive devices available for the assessments. The field
5046	testing process and psychometric analyses for the statewide
5047	assessment program must include an appropriate percentage of
5048	students with disabilities and an evaluation or determination of
5049	the effect of test items on such students.
5050	Reviser's note.--Amended to confirm the editorial
5051	substitution of a reference to subsection (10) for a
5052	reference to subsection (9) to conform to the
5053	redesignation of subsection (9) as subsection (10) by
5054	s. 18, ch. 2008-235, Laws of Florida.
5055	Section 100.  Paragraph (a) of subsection (3) of section
5056	1008.34, Florida Statutes, is amended to read:
5057	1008.34  School grading system; school report cards;
5058	district grade.--
5059	(3)  DESIGNATION OF SCHOOL GRADES.--
5060	(a)  Each school that has students who are tested and
5061	included in the school grading system shall receive a school
5062	grade, except as follows:
5063	1.  A school shall not receive a school grade if the number
5064	of its students tested and included in the school grading system
5065	is less are fewer than the minimum sample size necessary, based
5066	on accepted professional practice, for statistical reliability
5067	and prevention of the unlawful release of personally
5068	identifiable student data under s. 1002.22 or 20 U.S.C. s.
5069	1232g.
5070	2.  An alternative school may choose to receive a school
5071	grade under this section or a school improvement rating under s.
5072	1008.341.
5073	3.  A school that serves any combination of students in
5074	kindergarten through grade 3 which does not receive a school
5075	grade because its students are not tested and included in the
5076	school grading system shall receive the school grade designation
5077	of a K-3 feeder pattern school identified by the Department of
5078	Education and verified by the school district. A school feeder
5079	pattern exists if at least 60 percent of the students in the
5080	school serving a combination of students in kindergarten through
5081	grade 3 are scheduled to be assigned to the graded school.
5082	Reviser's note.--Amended to confirm the substitution
5083	by the editors of the words "is less" for the words
5084	"are fewer" to improve clarity and facilitate correct
5085	interpretation.
5086	Section 101.  Subsection (2) of section 1008.341, Florida
5087	Statutes, is amended to read:
5088	1008.341  School improvement rating for alternative
5089	schools.--
5090	(2)  SCHOOL IMPROVEMENT RATING.--An alternative school that
5091	provides dropout prevention and academic intervention services
5092	pursuant to s. 1003.53 shall receive a school improvement rating
5093	pursuant to this section. However, an alternative school shall
5094	not receive a school improvement rating if the number of its
5095	students for whom student performance data is available for the
5096	current year and previous year is less are fewer than the
5097	minimum sample size necessary, based on accepted professional
5098	practice, for statistical reliability and prevention of the
5099	unlawful release of personally identifiable student data under
5100	s. 1002.22 or 20 U.S.C. s. 1232g. The school improvement rating
5101	shall identify an alternative school as having one of the
5102	following ratings defined according to rules of the State Board
5103	of Education:
5104	(a)  "Improving" means the students attending the school
5105	are making more academic progress than when the students were
5106	served in their home schools.
5107	(b)  "Maintaining" means the students attending the school
5108	are making progress equivalent to the progress made when the
5109	students were served in their home schools.
5110	(c)  "Declining" means the students attending the school
5111	are making less academic progress than when the students were
5112	served in their home schools.
5113
5114	The school improvement rating shall be based on a comparison of
5115	student performance data for the current year and previous year.
5116	Schools that improve at least one level or maintain an
5117	"improving" rating pursuant to this section are eligible for
5118	school recognition awards pursuant to s. 1008.36.
5119	Reviser's note.--Amended to confirm the substitution
5120	by the editors of the words "is less" for the words
5121	"are fewer" to improve clarity and facilitate correct
5122	interpretation.
5123	Section 102.  Subsection (5) of section 1008.345, Florida
5124	Statutes, is amended to read:
5125	1008.345  Implementation of state system of school
5126	improvement and education accountability.--
5127	(5)  The commissioner shall report to the Legislature and
5128	recommend changes in state policy necessary to foster school
5129	improvement and education accountability. Included in the report
5130	shall be a list of the schools, including schools operating for
5131	the purpose of providing educational services to youth in
5132	Department of Juvenile Justice programs, for which district
5133	school boards have developed assistance and intervention plans
5134	and an analysis of the various strategies used by the school
5135	boards. School reports shall be distributed pursuant to this
5136	subsection and s. 1001.42(18)(e) 1001.42(16)(e) and according to
5137	rules adopted by the State Board of Education.
5138	Reviser's note.--Amended to conform to the renumbering
5139	of subsections by s. 9, ch. 2008-108, Laws of Florida.
5140	Section 103.  Subsection (1) and paragraph (a) of
5141	subsection (5) of section 1009.73, Florida Statutes, are amended
5142	to read:
5143	1009.73  Mary McLeod Bethune Scholarship Program.--
5144	(1)  There is established the Mary McLeod Bethune
5145	Scholarship Program to be administered by the Department of
5146	Education pursuant to this section and rules of the State Board
5147	of Education. The program shall provide matching grants for
5148	private sources that raise money for scholarships to be awarded
5149	to students who attend Florida Agricultural and Mechanical
5150	University, Bethune-Cookman University College, Edward Waters
5151	College, or Florida Memorial University College.
5152	(5)(a)  In order to be eligible to receive a scholarship
5153	pursuant to this section, an applicant must:
5154	1.  Meet the general eligibility requirements set forth in
5155	s. 1009.40.
5156	2.  Be accepted at Florida Agricultural and Mechanical
5157	University, Bethune-Cookman University College, Edward Waters
5158	College, or Florida Memorial University College.
5159	3.  Enroll as a full-time undergraduate student.
5160	4.  Earn a 3.0 grade point average on a 4.0 scale, or the
5161	equivalent, for high school subjects creditable toward a
5162	diploma.
5163	Reviser's note.--Amended to conform to the correct
5164	names of Bethune-Cookman University and Florida
5165	Memorial University.
5166	Section 104.  Paragraph (b) of subsection (1), paragraphs
5167	(d), (h), and (i) of subsection (2), paragraphs (f) and (g) of
5168	subsection (6), and paragraph (b) of subsection (7) of section
5169	1012.56, Florida Statutes, are amended to read:
5170	1012.56  Educator certification requirements.--
5171	(1)  APPLICATION.--Each person seeking certification
5172	pursuant to this chapter shall submit a completed application
5173	containing the applicant's social security number to the
5174	Department of Education and remit the fee required pursuant to
5175	s. 1012.59 and rules of the State Board of Education. Pursuant
5176	to the federal Personal Responsibility and Work Opportunity
5177	Reconciliation Act of 1996, each party is required to provide
5178	his or her social security number in accordance with this
5179	section. Disclosure of social security numbers obtained through
5180	this requirement is limited to the purpose of administration of
5181	the Title IV-D program of the Social Security Act for child
5182	support enforcement. Pursuant to s. 120.60, the department shall
5183	issue within 90 calendar days after the stamped receipted date
5184	of the completed application:
5185	(b)  If the applicant meets the requirements and if
5186	requested by an employing school district or an employing
5187	private school with a professional education competence
5188	demonstration program pursuant to paragraphs (6)(f) and (8)(b)
5189	(5)(f) and (7)(b), a temporary certificate covering the
5190	classification, level, and area for which the applicant is
5191	deemed qualified and an official statement of status of
5192	eligibility; or
5193
5194	The statement of status of eligibility must advise the applicant
5195	of any qualifications that must be completed to qualify for
5196	certification. Each statement of status of eligibility is valid
5197	for 3 years after its date of issuance, except as provided in
5198	paragraph (2)(d).
5199	(2)  ELIGIBILITY CRITERIA.--To be eligible to seek
5200	certification, a person must:
5201	(d)  Submit to background screening in accordance with
5202	subsection (10) (9). If the background screening indicates a
5203	criminal history or if the applicant acknowledges a criminal
5204	history, the applicant's records shall be referred to the
5205	investigative section in the Department of Education for review
5206	and determination of eligibility for certification. If the
5207	applicant fails to provide the necessary documentation requested
5208	by the department within 90 days after the date of the receipt
5209	of the certified mail request, the statement of eligibility and
5210	pending application shall become invalid.
5211	(h)  Demonstrate mastery of subject area knowledge,
5212	pursuant to subsection (5) (4).
5213	(i)  Demonstrate mastery of professional preparation and
5214	education competence, pursuant to subsection (6) (5).
5215	(6)  MASTERY OF PROFESSIONAL PREPARATION AND EDUCATION
5216	COMPETENCE.--Acceptable means of demonstrating mastery of
5217	professional preparation and education competence are:
5218	(f)  Completion of professional preparation courses as
5219	specified in state board rule, successful completion of a
5220	professional education competence demonstration program pursuant
5221	to paragraph (8)(b) (7)(b), and achievement of a passing score
5222	on the professional education competency examination required by
5223	state board rule;
5224	(g)  Successful completion of a professional preparation
5225	alternative certification and education competency program,
5226	outlined in paragraph (8)(a) (7)(a); or
5227	(7)  TYPES AND TERMS OF CERTIFICATION.--
5228	(b)  The department shall issue a temporary certificate to
5229	any applicant who completes the requirements outlined in
5230	paragraphs (2)(a)-(f) and completes the subject area content
5231	requirements specified in state board rule or demonstrates
5232	mastery of subject area knowledge pursuant to subsection (5) (4)
5233	and holds an accredited degree or a degree approved by the
5234	Department of Education at the level required for the subject
5235	area specialization in state board rule.
5236
5237	Each temporary certificate is valid for 3 school fiscal years
5238	and is nonrenewable. However, the requirement in paragraph
5239	(2)(g) must be met within 1 calendar year of the date of
5240	employment under the temporary certificate. Individuals who are
5241	employed under contract at the end of the 1 calendar year time
5242	period may continue to be employed through the end of the school
5243	year in which they have been contracted. A school district shall
5244	not employ, or continue the employment of, an individual in a
5245	position for which a temporary certificate is required beyond
5246	this time period if the individual has not met the requirement
5247	of paragraph (2)(g). The State Board of Education shall adopt
5248	rules to allow the department to extend the validity period of a
5249	temporary certificate for 2 years when the requirements for the
5250	professional certificate, not including the requirement in
5251	paragraph (2)(g), were not completed due to the serious illness
5252	or injury of the applicant or other extraordinary extenuating
5253	circumstances. The department shall reissue the temporary
5254	certificate for 2 additional years upon approval by the
5255	Commissioner of Education. A written request for reissuance of
5256	the certificate shall be submitted by the district school
5257	superintendent, the governing authority of a university lab
5258	school, the governing authority of a state-supported school, or
5259	the governing authority of a private school.
5260	Reviser's note.--Amended to conform to the renumbering
5261	of subunits by s. 25, ch. 2008-235, Laws of Florida.
5262	Section 105.  Paragraph (a) of subsection (4) of section
5263	1012.795, Florida Statutes, is amended to read:
5264	1012.795  Education Practices Commission; authority to
5265	discipline.--
5266	(4)(a)  An educator certificate that has been suspended
5267	under this section is automatically reinstated at the end of the
5268	suspension period, provided the certificate did not expire
5269	during the period of suspension. If the certificate expired
5270	during the period of suspension, the holder of the former
5271	certificate may secure a new certificate by making application
5272	therefor and by meeting the certification requirements of the
5273	state board current at the time of the application for the new
5274	certificate. An educator certificate suspended pursuant to
5275	paragraph (1)(i) (1)(h) may be reinstated only upon notice from
5276	the court or the Department of Revenue that the party has
5277	complied with the terms of the support order, subpoena, order to
5278	show cause, or written agreement.
5279	Reviser's note.--Amended to conform to the
5280	redesignation of paragraph (1)(h) as paragraph (1)(i)
5281	by s. 32, ch. 2008-108, Laws of Florida.
5282	Section 106.  Subsection (6) of section 1013.12, Florida
5283	Statutes, is amended to read:
5284	1013.12  Casualty, safety, sanitation, and firesafety
5285	standards and inspection of property.--
5286	(6)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
5287	failure of the board to take corrective action within the time
5288	designated in the plan of action to correct any firesafety
5289	deficiency noted under paragraph (2)(d) (2)(c) or paragraph
5290	(3)(c), the local fire official shall immediately report the
5291	deficiency to the State Fire Marshal, who shall have enforcement
5292	authority with respect to educational and ancillary plants and
5293	educational facilities as provided in chapter 633 for any other
5294	building or structure.
5295	Reviser's note.--Amended to conform to the
5296	redesignation of paragraph (2)(c) as paragraph (2)(d)
5297	by s. 29, ch. 2008-235, Laws of Florida.
5298	Section 107.  This act shall take effect on the 60th day
5299	after adjournment sine die of the session of the Legislature in
5300	which enacted.

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