Florida Senate - 2013                                     SB 690
       
       
       
       By Senator Thrasher
       
       
       
       
       6-01520-13                                             2013690__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         11.45, 20.15, 20.28, 39.001, 39.0139, 39.201, 40.011,
    4         61.1825, 63.082, 63.2325, 97.0585, 112.63, 120.54,
    5         120.745, 121.055, 121.085, 121.091, 159.823, 163.3246,
    6         163.340, 189.4042, 190.046, 211.02, 215.5601, 215.97,
    7         218.32, 252.385, 252.939, 252.940, 252.941, 252.942,
    8         253.034, 255.2575, 259.032, 282.201, 288.1254,
    9         288.71025, 288.980, 295.07, 311.101, 316.0083,
   10         316.640, 320.20, 322.142, 322.2615, 339.135, 339.2825,
   11         341.840, 343.805, 343.91, 344.17, 348.752, 349.02,
   12         373.227, 373.250, 373.536, 376.3071, 379.2433,
   13         379.3581, 380.0662, 381.004, 381.00593, 381.0065,
   14         381.0101, 391.026, 400.172, 400.915, 400.9905,
   15         403.086, 403.511, 403.9416, 414.295, 420.503,
   16         420.5087, 430.205, 430.80, 430.81, 443.091, 443.111,
   17         443.171, 466.007, 475.6235, 489.118, 499.01, 500.09,
   18         538.23, 553.98, 570.451, 580.036, 586.10, 601.03,
   19         601.15, 601.61, 601.9910, 610.109, 624.402, 626.2815,
   20         626.8734, 626.9362, 626.989, 626.9895, 627.3511,
   21         641.312, 651.118, 817.234, 877.101, 921.0022, 945.355,
   22         948.08, 948.16, 960.003, 985.03, 1003.43, 1003.52,
   23         1006.062, 1006.20, 1006.282, 1009.67, 1009.971, and
   24         1013.231, F.S.; reenacting and amending s. 339.0805,
   25         F.S.; reenacting s. 322.21, F.S.; and repealing ss.
   26         202.38 and 252.945, F.S., deleting provisions that
   27         have expired, have become obsolete, have had their
   28         effect, have served their purpose, or have been
   29         impliedly repealed or superseded; replacing incorrect
   30         cross-references and citations; correcting
   31         grammatical, typographical, and like errors; removing
   32         inconsistencies, redundancies, and unnecessary
   33         repetition in the statutes; improving the clarity of
   34         the statutes and facilitating their correct
   35         interpretation; and confirming the restoration of
   36         provisions unintentionally omitted from republication
   37         in the acts of the Legislature during the amendatory
   38         process; providing an effective date.
   39  
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (1) of section 11.45, Florida
   43  Statutes, is amended to read:
   44         11.45 Definitions; duties; authorities; reports; rules.—
   45         (1) DEFINITIONS.—As used in ss. 11.40-11.51 11.40-11.511,
   46  the term:
   47         (a) “Audit” means a financial audit, operational audit, or
   48  performance audit.
   49         (b) “County agency” means a board of county commissioners
   50  or other legislative and governing body of a county, however
   51  styled, including that of a consolidated or metropolitan
   52  government, a clerk of the circuit court, a separate or ex
   53  officio clerk of the county court, a sheriff, a property
   54  appraiser, a tax collector, a supervisor of elections, or any
   55  other officer in whom any portion of the fiscal duties of the
   56  above are under law separately placed.
   57         (c) “Financial audit” means an examination of financial
   58  statements in order to express an opinion on the fairness with
   59  which they are presented in conformity with generally accepted
   60  accounting principles and an examination to determine whether
   61  operations are properly conducted in accordance with legal and
   62  regulatory requirements. Financial audits must be conducted in
   63  accordance with auditing standards generally accepted in the
   64  United States and government auditing standards as adopted by
   65  the Board of Accountancy. When applicable, the scope of
   66  financial audits shall encompass the additional activities
   67  necessary to establish compliance with the Single Audit Act
   68  Amendments of 1996, 31 U.S.C. ss. 7501-7507, and other
   69  applicable federal law.
   70         (d) “Governmental entity” means a state agency, a county
   71  agency, or any other entity, however styled, that independently
   72  exercises any type of state or local governmental function.
   73         (e) “Local governmental entity” means a county agency,
   74  municipality, or special district as defined in s. 189.403, but
   75  does not include any housing authority established under chapter
   76  421.
   77         (f) “Management letter” means a statement of the auditor’s
   78  comments and recommendations.
   79         (g) “Operational audit” means an audit whose purpose is to
   80  evaluate management’s performance in establishing and
   81  maintaining internal controls, including controls designed to
   82  prevent and detect fraud, waste, and abuse, and in administering
   83  assigned responsibilities in accordance with applicable laws,
   84  administrative rules, contracts, grant agreements, and other
   85  guidelines. Operational audits must be conducted in accordance
   86  with government auditing standards. Such audits examine internal
   87  controls that are designed and placed in operation to promote
   88  and encourage the achievement of management’s control objectives
   89  in the categories of compliance, economic and efficient
   90  operations, reliability of financial records and reports, and
   91  safeguarding of assets, and identify weaknesses in those
   92  internal controls.
   93         (h) “Performance audit” means an examination of a program,
   94  activity, or function of a governmental entity, conducted in
   95  accordance with applicable government auditing standards or
   96  auditing and evaluation standards of other appropriate
   97  authoritative bodies. The term includes an examination of issues
   98  related to:
   99         1. Economy, efficiency, or effectiveness of the program.
  100         2. Structure or design of the program to accomplish its
  101  goals and objectives.
  102         3. Adequacy of the program to meet the needs identified by
  103  the Legislature or governing body.
  104         4. Alternative methods of providing program services or
  105  products.
  106         5. Goals, objectives, and performance measures used by the
  107  agency to monitor and report program accomplishments.
  108         6. The accuracy or adequacy of public documents, reports,
  109  or requests prepared under the program by state agencies.
  110         7. Compliance of the program with appropriate policies,
  111  rules, or laws.
  112         8. Any other issues related to governmental entities as
  113  directed by the Legislative Auditing Committee.
  114         (i) “Political subdivision” means a separate agency or unit
  115  of local government created or established by law and includes,
  116  but is not limited to, the following and the officers thereof:
  117  authority, board, branch, bureau, city, commission, consolidated
  118  government, county, department, district, institution,
  119  metropolitan government, municipality, office, officer, public
  120  corporation, town, or village.
  121         (j) “State agency” means a separate agency or unit of state
  122  government created or established by law and includes, but is
  123  not limited to, the following and the officers thereof:
  124  authority, board, branch, bureau, commission, department,
  125  division, institution, office, officer, or public corporation,
  126  as the case may be, except any such agency or unit within the
  127  legislative branch of state government other than the Florida
  128  Public Service Commission.
  129         Reviser’s note.—Section 11.511 was repealed by s. 1, ch. 2011
  130         34, Laws of Florida.
  131         Section 2. Subsection (7) of section 20.15, Florida
  132  Statutes, is amended to read:
  133         20.15 Department of Education.—There is created a
  134  Department of Education.
  135         (7) BOARDS.—Notwithstanding anything contained in law to
  136  the contrary, all members of the Florida College System
  137  institution community college boards of trustees must be
  138  appointed according to chapter 1001.
  139         Reviser’s note.—Amended to conform a reference to community
  140         college boards of trustees to changes in chapters 2008-52
  141         and 2009-228, Laws of Florida, transitioning references to
  142         community colleges to Florida College System institutions.
  143         Section 3. Section 20.28, Florida Statutes, is amended to
  144  read:
  145         20.28 State Board of Administration.—The State Board of
  146  Administration, continued by s. 4 9, Art. IV XII of the State
  147  Constitution, retains all of its powers, duties, and functions
  148  as prescribed by law.
  149         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
  150         of 1968 provides that the governor, chief financial
  151         officer, and attorney general constitute the state board of
  152         administration, as successor to the state board of
  153         administration established pursuant to s. 16, Art. IX of
  154         the Constitution of 1885.
  155         Section 4. Subsection (12) of section 39.001, Florida
  156  Statutes, is amended to read:
  157         39.001 Purposes and intent; personnel standards and
  158  screening.—
  159         (12) EVALUATION.—By February 1, 2009, the Legislature shall
  160  evaluate the office and determine whether it should continue to
  161  be housed in the Executive Office of the Governor or transferred
  162  to a state agency.
  163         Reviser’s note.—Amended to delete an obsolete provision.
  164         Section 5. Paragraph (b) of subsection (4) of section
  165  39.0139, Florida Statutes, is amended to read:
  166         39.0139 Visitation or other contact; restrictions.—
  167         (4) HEARINGS.—A person who meets any of the criteria set
  168  forth in paragraph (3)(a) who seeks to begin or resume contact
  169  with the child victim shall have the right to an evidentiary
  170  hearing to determine whether contact is appropriate.
  171         (b) At the hearing, the court may receive and rely upon any
  172  relevant and material evidence submitted to the extent of its
  173  probative value, including written and oral reports or
  174  recommendations from the child protection protective team, the
  175  child’s therapist, the child’s guardian ad litem, or the child’s
  176  attorney ad litem, even if these reports, recommendations, and
  177  evidence may not be admissible under the rules of evidence.
  178         Reviser’s note.—Amended to conform to s. 39.303, which relates
  179         to child protection teams.
  180         Section 6. Paragraph (j) of subsection (2) of section
  181  39.201, Florida Statutes, is amended to read:
  182         39.201 Mandatory reports of child abuse, abandonment, or
  183  neglect; mandatory reports of death; central abuse hotline.—
  184         (2)
  185         (j)1. The department shall update the web form used for
  186  reporting child abuse, abandonment, or neglect to:
  187         a. Include qualifying questions in order to obtain
  188  necessary information required to assess need and a response.
  189         b. Indicate which fields are required to submit the report.
  190         c. Allow a reporter to save his or her report and return to
  191  it at a later time.
  192         2. The report shall be made available to the
  193         counselors in its entirety as needed to update the
  194         Florida Safe Families Network or other similar
  195         systems.
  196         Reviser’s note.—Amended to confirm insertion of the word “at” by
  197         the editors.
  198         Section 7. Subsection (5) of section 40.011, Florida
  199  Statutes, is amended to read:
  200         40.011 Jury lists.—
  201         (5) Using the source name lists described in subsections
  202  (2) and (3), a clerk of court may generate juror candidate lists
  203  as necessary to ensure a valid and consistent juror selection
  204  process.
  205         (a) The initial juror candidate list is derived from the
  206  name sources and shall be the master list from which prospective
  207  jurors are drawn for summons.
  208         (b) The final juror candidate list shall contain a list of
  209  those persons, drawn from the initial candidate list as
  210  prescribed in this chapter, who are to be summoned as a pool for
  211  possible juror service.
  212         Reviser’s note.—Amended to confirm insertion of the word “in” by
  213         the editors.
  214         Section 8. Paragraph (a) of subsection (3) of section
  215  61.1825, Florida Statutes, is amended to read:
  216         61.1825 State Case Registry.—
  217         (3)(a) For the purpose of this section, a family violence
  218  indicator must be placed on a record when:
  219         1. A party executes a sworn statement requesting that a
  220  family violence indicator be placed on that party’s record which
  221  states that the party has reason to believe that release of
  222  information to the Federal Case Registry may result in physical
  223  or emotional harm to the party or the child; or
  224         2. A temporary or final injunction for protection against
  225  domestic violence has been granted pursuant to s. 741.30(6), an
  226  injunction for protection against domestic violence has been
  227  issued by a court of a foreign state pursuant to s. 741.315, or
  228  a temporary or final injunction for protection against repeat
  229  violence has been granted pursuant to s. 784.046; or
  230         3. The department has received information on a Title IV-D
  231  case from the Domestic, Dating, Sexual, Violence and Repeat
  232  Violence Injunction Statewide Verification System, established
  233  pursuant to s. 784.046(8)(b), that a court has granted a party a
  234  domestic violence or repeat violence injunction.
  235         Reviser’s note.—Amended to conform to the complete name of the
  236         verification system required by s. 784.046(8)(b).
  237         Section 9. Paragraph (h) of subsection (7) of section
  238  63.082, Florida Statutes, is amended to read:
  239         63.082 Execution of consent to adoption or affidavit of
  240  nonpaternity; family social and medical history; revocation of
  241  consent.—
  242         (7) If a person is seeking to revoke consent for a child
  243  older than 6 months of age:
  244         (h) If the consent of one parent is set aside or revoked in
  245  accordance with this chapter, any other consents executed by the
  246  other parent or a third party whose consent is required for the
  247  adoption of the child may not be used by the parent whose who
  248  consent was revoked or set aside to terminate or diminish the
  249  rights of the other parent or third party whose consent was
  250  required for the adoption of the child.
  251         Reviser’s note.—Amended to confirm substitution of the word
  252         “whose” for the word “who” by the editors.
  253         Section 10. Section 63.2325, Florida Statutes, is amended
  254  to read:
  255         63.2325 Conditions for invalidation of a consent to
  256  adoption or affidavit of nonpaternity.—Notwithstanding the
  257  requirements of this chapter, a failure to meet any of those
  258  requirements does not constitute grounds for invalidation of a
  259  consent to adoption or revocation of an affidavit of
  260  nonpaternity unless the extent and circumstances of such a
  261  failure result in a material failure of fundamental fairness in
  262  the administration of due process, or the failure constitutes or
  263  contributes to fraud or duress in obtaining a consent to
  264  adoption or affidavit of nonpaternity.
  265         Reviser’s note.—Amended to confirm reinsertion of the word “of”
  266         by the editors for clarity. Section 26, ch. 2012-81, Laws
  267         of Florida, inserted “revocation” and struck “withdrawal
  268         of.”
  269         Section 11. Subsection (3) of section 97.0585, Florida
  270  Statutes, is amended to read:
  271         97.0585 Public records exemption; information regarding
  272  voters and voter registration; confidentiality.—
  273         (3) The names, addresses, and telephone numbers of persons
  274  who are victims of stalking or aggravated stalking are exempt
  275  from s. 119.07(1) 119.071(1) and s. 24(a), Art. I of the State
  276  Constitution in the same manner that the names, addresses, and
  277  telephone numbers of participants in the Address Confidentiality
  278  Program for Victims of Domestic Violence which are held by the
  279  Attorney General under s. 741.465 are exempt from disclosure,
  280  provided that the victim files a sworn statement of stalking
  281  with the Office of the Attorney General and otherwise complies
  282  with the procedures in ss. 741.401-741.409.
  283         Reviser’s note.—Amended to correct an apparent error. Section
  284         119.07(1) requires custodians of public records to permit
  285         inspection and copying thereof. Section 119.071(1) provides
  286         exemptions from public records requirements for specified
  287         records of governmental agencies.
  288         Section 12. Paragraph (d) of subsection (4) of section
  289  112.63, Florida Statutes, is amended to read:
  290         112.63 Actuarial reports and statements of actuarial
  291  impact; review.—
  292         (4) Upon receipt, pursuant to subsection (2), of an
  293  actuarial report, or, pursuant to subsection (3), of a statement
  294  of actuarial impact, the Department of Management Services shall
  295  acknowledge such receipt, but shall only review and comment on
  296  each retirement system’s or plan’s actuarial valuations at least
  297  on a triennial basis.
  298         (d) In the case of an affected special district, the
  299  Department of Management Services shall also notify the
  300  Department of Economic Opportunity. Upon receipt of
  301  notification, the Department of Economic Opportunity shall
  302  proceed pursuant to s. 189.421.
  303         1. Failure of a special district to provide a required
  304  report or statement, to make appropriate adjustments, or to
  305  provide additional material information after the procedures
  306  specified in s. 189.421(1) are exhausted shall be deemed final
  307  action by the special district.
  308         2. The Department of Management Services may notify the
  309  Department of Economic Opportunity Community Affairs of those
  310  special districts that failed to come into compliance. Upon
  311  receipt of notification, the Department of Economic Opportunity
  312  Community Affairs shall proceed pursuant to s. 189.421(4).
  313         Reviser’s note.—Amended to confirm substitution by the editors
  314         of a reference to the Department of Economic Opportunity
  315         for a reference to the Department of Community Affairs; s.
  316         20.18, which created the Department of Community Affairs,
  317         was repealed by s. 478, ch. 2011-142, Laws of Florida. For
  318         purposes of chapter 189, relating to special districts, the
  319         term “department” was revised to mean the Department of
  320         Economic Opportunity instead of the Department of Community
  321         Affairs pursuant to the amendment to s. 189.403(4) by s.
  322         64, ch. 2011-142.
  323         Section 13. Paragraph (b) of subsection (3) of section
  324  120.54, Florida Statutes, is amended to read:
  325         120.54 Rulemaking.—
  326         (3) ADOPTION PROCEDURES.—
  327         (b) Special matters to be considered in rule adoption.—
  328         1. Statement of estimated regulatory costs.—Before the
  329  adoption, amendment, or repeal of any rule other than an
  330  emergency rule, an agency is encouraged to prepare a statement
  331  of estimated regulatory costs of the proposed rule, as provided
  332  by s. 120.541. However, an agency must prepare a statement of
  333  estimated regulatory costs of the proposed rule, as provided by
  334  s. 120.541, if:
  335         a. The proposed rule will have an adverse impact on small
  336  business; or
  337         b. The proposed rule is likely to directly or indirectly
  338  increase regulatory costs in excess of $200,000 in the aggregate
  339  in this state within 1 year after the implementation of the
  340  rule.
  341         2. Small businesses, small counties, and small cities.—
  342         a. Each agency, before the adoption, amendment, or repeal
  343  of a rule, shall consider the impact of the rule on small
  344  businesses as defined by s. 288.703 and the impact of the rule
  345  on small counties or small cities as defined by s. 120.52.
  346  Whenever practicable, an agency shall tier its rules to reduce
  347  disproportionate impacts on small businesses, small counties, or
  348  small cities to avoid regulating small businesses, small
  349  counties, or small cities that do not contribute significantly
  350  to the problem the rule is designed to address. An agency may
  351  define “small business” to include businesses employing more
  352  than 200 persons, may define “small county” to include those
  353  with populations of more than 75,000, and may define “small
  354  city” to include those with populations of more than 10,000, if
  355  it finds that such a definition is necessary to adapt a rule to
  356  the needs and problems of small businesses, small counties, or
  357  small cities. The agency shall consider each of the following
  358  methods for reducing the impact of the proposed rule on small
  359  businesses, small counties, and small cities, or any combination
  360  of these entities:
  361         (I) Establishing less stringent compliance or reporting
  362  requirements in the rule.
  363         (II) Establishing less stringent schedules or deadlines in
  364  the rule for compliance or reporting requirements.
  365         (III) Consolidating or simplifying the rule’s compliance or
  366  reporting requirements.
  367         (IV) Establishing performance standards or best management
  368  practices to replace design or operational standards in the
  369  rule.
  370         (V) Exempting small businesses, small counties, or small
  371  cities from any or all requirements of the rule.
  372         b.(I) If the agency determines that the proposed action
  373  will affect small businesses as defined by the agency as
  374  provided in sub-subparagraph a., the agency shall send written
  375  notice of the rule to the rules ombudsman in the Executive
  376  Office of the Governor at least 28 days before the intended
  377  action.
  378         (II) Each agency shall adopt those regulatory alternatives
  379  offered by the rules ombudsman in the Executive Office of the
  380  Governor and provided to the agency no later than 21 days after
  381  the rules ombudsman’s council’s receipt of the written notice of
  382  the rule which it finds are feasible and consistent with the
  383  stated objectives of the proposed rule and which would reduce
  384  the impact on small businesses. When regulatory alternatives are
  385  offered by the rules ombudsman in the Executive Office of the
  386  Governor, the 90-day period for filing the rule in subparagraph
  387  (e)2. is extended for a period of 21 days.
  388         (III) If an agency does not adopt all alternatives offered
  389  pursuant to this sub-subparagraph, it shall, before rule
  390  adoption or amendment and pursuant to subparagraph (d)1., file a
  391  detailed written statement with the committee explaining the
  392  reasons for failure to adopt such alternatives. Within 3 working
  393  days after the filing of such notice, the agency shall send a
  394  copy of such notice to the rules ombudsman in the Executive
  395  Office of the Governor.
  396         Reviser’s note.—Amended to conform to the reassignment by ch.
  397         2012-27, Laws of Florida, of duties of the Small Business
  398         Regulatory Advisory Council to the rules ombudsman in the
  399         Executive Office of the Governor. Section 5, ch. 2012-27,
  400         repealed s. 288.7001, which created the council.
  401         Section 14. Paragraph (a) of subsection (5) of section
  402  120.745, Florida Statutes, is amended to read:
  403         120.745 Legislative review of agency rules in effect on or
  404  before November 16, 2010.—
  405         (5) COMPLIANCE ECONOMIC REVIEW OF RULES AND REQUIRED
  406  REPORT.—Each agency shall perform a compliance economic review
  407  and report for all rules, including separate reviews of
  408  subparts, listed under Group 1 “Group 1 rules” or Group 2 “Group
  409  2 rules” pursuant to subparagraph (2)(g)3. Group 1 rules shall
  410  be reviewed and reported on in 2012, and Group 2 rules shall be
  411  reviewed and reported on in 2013.
  412         (a) No later than May 1, each agency shall:
  413         1. Complete a compliance economic review for each entire
  414  rule or subpart in the appropriate group.
  415         2. File the written certification of the agency head with
  416  the committee verifying the completion of each compliance
  417  economic review required for the respective year. The
  418  certification shall be dated and published as an addendum to the
  419  report required in subsection (3). The duty to certify
  420  completion of the required compliance economic reviews is the
  421  responsibility solely of the agency head as defined in s.
  422  120.52(3) and may not be delegated to any other person. If the
  423  defined agency head is a collegial body, the written
  424  certification must be prepared by the chair or equivalent
  425  presiding officer of that body.
  426         3. Publish a copy of the compliance economic review,
  427  directions on how and when interested parties may submit lower
  428  cost regulatory alternatives to the agency, and the date the
  429  notice is published in the manner provided in subsection (7).
  430         4. Publish notice of the publications required in
  431  subparagraphs 2. and 3. in the manner provided in subsection
  432  (7).
  433         5. Submit each compliance economic review to the rules
  434  ombudsman in the Executive Office of the Governor for the rules
  435  ombudsman’s its review.
  436         Reviser’s note.—Amended to confirm substitution of the words
  437         “the ombudsman’s” for the word “its” by the editors. As
  438         created by s. 5, ch. 2011-225, Laws of Florida, s.
  439         120.745(5)(a)5. referenced the Small Business Regulatory
  440         Advisory Council, and the word “its” referred back to that
  441         reference. Chapter 2012-27, Laws of Florida, reassigned
  442         duties of the Small Business Regulatory Advisory Council to
  443         the rules ombudsman in the Executive Office of the
  444         Governor. Section 3, ch. 2012-27, substituted a reference
  445         to the rules ombudsman for a reference to the council but
  446         left the referencing word “its.” Section 5, ch. 2012-27,
  447         repealed s. 288.7001, which created the council.
  448         Section 15. Paragraph (d) of subsection (6) of section
  449  121.055, Florida Statutes, is amended to read:
  450         121.055 Senior Management Service Class.—There is hereby
  451  established a separate class of membership within the Florida
  452  Retirement System to be known as the “Senior Management Service
  453  Class,” which shall become effective February 1, 1987.
  454         (6)
  455         (d) Contributions.—
  456         1.a. Through June 30, 2001, each employer shall contribute
  457  on behalf of each member of the Senior Management Service
  458  Optional Annuity Program an amount equal to the normal cost
  459  portion of the employer retirement contribution which would be
  460  required if the member were a Senior Management Service Class
  461  member of the Florida Retirement System Pension Plan, plus the
  462  portion of the contribution rate required in s. 112.363(8) that
  463  would otherwise be assigned to the Retiree Health Insurance
  464  Subsidy Trust Fund.
  465         b. Effective July 1, 2001, through June 30, 2011, each
  466  employer shall contribute on behalf of each member of the
  467  optional annuity program an amount equal to 12.49 percent of the
  468  employee’s gross monthly compensation.
  469         c. Effective July 1, 2011, through June 30, 2012, each
  470  member of the optional annuity program shall contribute an
  471  amount equal to the employee contribution required under s.
  472  121.71(3). The employer shall contribute on behalf of such
  473  employee an amount equal to the difference between 12.49 percent
  474  of the employee’s gross monthly compensation and the amount
  475  equal to the employee’s required contribution based on the
  476  employee’s gross monthly compensation.
  477         d. Effective July 1, 2012, each member of the optional
  478  annuity program shall contribute an amount equal to the employee
  479  contribution required under s. 121.71 121.73. The employer shall
  480  contribute on behalf of such employee an amount equal to the
  481  difference between 9.27 percent of the employee’s gross monthly
  482  compensation and the amount equal to the employee’s required
  483  contribution based on the employee’s gross monthly compensation.
  484         e. The department shall deduct an amount approved by the
  485  Legislature to provide for the administration of this program.
  486  Payment of the contributions, including contributions made by
  487  the employee, shall be made by the employer to the department,
  488  which shall forward the contributions to the designated company
  489  or companies contracting for payment of benefits for the member
  490  under the program.
  491         2. Each employer shall contribute on behalf of each member
  492  of the Senior Management Service Optional Annuity Program an
  493  amount equal to the unfunded actuarial accrued liability portion
  494  of the employer contribution which would be required for members
  495  of the Senior Management Service Class in the Florida Retirement
  496  System. This contribution shall be paid to the department for
  497  transfer to the Florida Retirement System Trust Fund.
  498         3. An Optional Annuity Program Trust Fund shall be
  499  established in the State Treasury and administered by the
  500  department to make payments to provider companies on behalf of
  501  the optional annuity program members, and to transfer the
  502  unfunded liability portion of the state optional annuity program
  503  contributions to the Florida Retirement System Trust Fund.
  504         4. Contributions required for social security by each
  505  employer and employee, in the amount required for social
  506  security coverage as now or hereafter may be provided by the
  507  federal Social Security Act shall be maintained for each member
  508  of the Senior Management Service retirement program and are in
  509  addition to the retirement contributions specified in this
  510  paragraph.
  511         5. Each member of the optional annuity program may
  512  contribute by way of salary reduction or deduction a percentage
  513  amount of the employee’s gross compensation not to exceed the
  514  percentage amount contributed by the employer to the optional
  515  annuity program. Payment of the employee’s contributions shall
  516  be made by the employer to the department, which shall forward
  517  the contributions to the designated company or companies
  518  contracting for payment of benefits for the member under the
  519  program.
  520         Reviser’s note.—Amended to conform to context. Section 121.71(3)
  521         relates to employee contributions. Section 121.73 relates
  522         to allocations from the Florida Retirement System
  523         Contributions Clearing Trust Fund for disability coverage
  524         for members in the investment plan.
  525         Section 16. Section 121.085, Florida Statutes, is amended
  526  to read:
  527         121.085 Creditable service.—The following provision
  528  provisions shall apply to creditable service as defined in s.
  529  121.021(17): no creditable service which remained unclaimed at
  530  retirement may be claimed or purchased after a retirement
  531  benefit payment has been cashed or deposited.
  532         Reviser’s note.—Amended to confirm substitution of the word
  533         “provision” for the word “provisions” by the editors to
  534         conform to context; s. 36, ch. 2012-116, Laws of Florida,
  535         repealed subsection (1), leaving only one provision in the
  536         section.
  537         Section 17. Paragraph (b) of subsection (9) of section
  538  121.091, Florida Statutes, is amended to read:
  539         121.091 Benefits payable under the system.—Benefits may not
  540  be paid under this section unless the member has terminated
  541  employment as provided in s. 121.021(39)(a) or begun
  542  participation in the Deferred Retirement Option Program as
  543  provided in subsection (13), and a proper application has been
  544  filed in the manner prescribed by the department. The department
  545  may cancel an application for retirement benefits when the
  546  member or beneficiary fails to timely provide the information
  547  and documents required by this chapter and the department’s
  548  rules. The department shall adopt rules establishing procedures
  549  for application for retirement benefits and for the cancellation
  550  of such application when the required information or documents
  551  are not received.
  552         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  553         (b) Any person whose retirement is effective before July 1,
  554  2010, or whose participation in the Deferred Retirement Option
  555  Program terminates before July 1, 2010, except under the
  556  disability retirement provisions of subsection (4) or as
  557  provided in s. 121.053, may be reemployed by an employer that
  558  participates in a state-administered retirement system and
  559  receive retirement benefits and compensation from that employer,
  560  except that the person may not be reemployed by an employer
  561  participating in the Florida Retirement System before meeting
  562  the definition of termination in s. 121.021 and may not receive
  563  both a salary from the employer and retirement benefits for 12
  564  calendar months immediately subsequent to the date of
  565  retirement. However, a DROP participant shall continue
  566  employment and receive a salary during the period of
  567  participation in the Deferred Retirement Option Program, as
  568  provided in subsection (13).
  569         1. A retiree who violates such reemployment limitation
  570  before completion of the 12-month limitation period must give
  571  timely notice of this fact in writing to the employer and to the
  572  Division of Retirement or the state board and shall have his or
  573  her retirement benefits suspended for the months employed or the
  574  balance of the 12-month limitation period as required in sub
  575  subparagraphs b. and c. A retiree employed in violation of this
  576  paragraph and an employer who employs or appoints such person
  577  are jointly and severally liable for reimbursement to the
  578  retirement trust fund, including the Florida Retirement System
  579  Trust Fund and the Public Employee Optional Retirement Program
  580  Trust Fund, from which the benefits were paid. The employer must
  581  have a written statement from the retiree that he or she is not
  582  retired from a state-administered retirement system. Retirement
  583  benefits shall remain suspended until repayment has been made.
  584  Benefits suspended beyond the reemployment limitation shall
  585  apply toward repayment of benefits received in violation of the
  586  reemployment limitation.
  587         a. A district school board may reemploy a retiree as a
  588  substitute or hourly teacher, education paraprofessional,
  589  transportation assistant, bus driver, or food service worker on
  590  a noncontractual basis after he or she has been retired for 1
  591  calendar month. A district school board may reemploy a retiree
  592  as instructional personnel, as defined in s. 1012.01(2)(a), on
  593  an annual contractual basis after he or she has been retired for
  594  1 calendar month. Any member who is reemployed within 1 calendar
  595  month after retirement shall void his or her application for
  596  retirement benefits. District school boards reemploying such
  597  teachers, education paraprofessionals, transportation
  598  assistants, bus drivers, or food service workers are subject to
  599  the retirement contribution required by subparagraph 2.
  600         b. A Florida College System institution community college
  601  board of trustees may reemploy a retiree as an adjunct
  602  instructor or as a participant in a phased retirement program
  603  within the Florida Community College System, after he or she has
  604  been retired for 1 calendar month. A member who is reemployed
  605  within 1 calendar month after retirement shall void his or her
  606  application for retirement benefits. Boards of trustees
  607  reemploying such instructors are subject to the retirement
  608  contribution required in subparagraph 2. A retiree may be
  609  reemployed as an adjunct instructor for no more than 780 hours
  610  during the first 12 months of retirement. A retiree reemployed
  611  for more than 780 hours during the first 12 months of retirement
  612  must give timely notice in writing to the employer and to the
  613  Division of Retirement or the state board of the date he or she
  614  will exceed the limitation. The division shall suspend his or
  615  her retirement benefits for the remainder of the 12 months of
  616  retirement. Any retiree employed in violation of this sub
  617  subparagraph and any employer who employs or appoints such
  618  person without notifying the division to suspend retirement
  619  benefits are jointly and severally liable for any benefits paid
  620  during the reemployment limitation period. The employer must
  621  have a written statement from the retiree that he or she is not
  622  retired from a state-administered retirement system. Any
  623  retirement benefits received by the retiree while reemployed in
  624  excess of 780 hours during the first 12 months of retirement
  625  must be repaid to the Florida Retirement System Trust Fund, and
  626  retirement benefits shall remain suspended until repayment is
  627  made. Benefits suspended beyond the end of the retiree’s first
  628  12 months of retirement shall apply toward repayment of benefits
  629  received in violation of the 780-hour reemployment limitation.
  630         c. The State University System may reemploy a retiree as an
  631  adjunct faculty member or as a participant in a phased
  632  retirement program within the State University System after the
  633  retiree has been retired for 1 calendar month. A member who is
  634  reemployed within 1 calendar month after retirement shall void
  635  his or her application for retirement benefits. The State
  636  University System is subject to the retired contribution
  637  required in subparagraph 2., as appropriate. A retiree may be
  638  reemployed as an adjunct faculty member or a participant in a
  639  phased retirement program for no more than 780 hours during the
  640  first 12 months of his or her retirement. A retiree reemployed
  641  for more than 780 hours during the first 12 months of retirement
  642  must give timely notice in writing to the employer and to the
  643  Division of Retirement or the state board of the date he or she
  644  will exceed the limitation. The division shall suspend his or
  645  her retirement benefits for the remainder of the 12 months. Any
  646  retiree employed in violation of this sub-subparagraph and any
  647  employer who employs or appoints such person without notifying
  648  the division to suspend retirement benefits are jointly and
  649  severally liable for any benefits paid during the reemployment
  650  limitation period. The employer must have a written statement
  651  from the retiree that he or she is not retired from a state
  652  administered retirement system. Any retirement benefits received
  653  by the retiree while reemployed in excess of 780 hours during
  654  the first 12 months of retirement must be repaid to the Florida
  655  Retirement System Trust Fund, and retirement benefits shall
  656  remain suspended until repayment is made. Benefits suspended
  657  beyond the end of the retiree’s first 12 months of retirement
  658  shall apply toward repayment of benefits received in violation
  659  of the 780-hour reemployment limitation.
  660         d. The Board of Trustees of the Florida School for the Deaf
  661  and the Blind may reemploy a retiree as a substitute teacher,
  662  substitute residential instructor, or substitute nurse on a
  663  noncontractual basis after he or she has been retired for 1
  664  calendar month. Any member who is reemployed within 1 calendar
  665  month after retirement shall void his or her application for
  666  retirement benefits. The Board of Trustees of the Florida School
  667  for the Deaf and the Blind reemploying such teachers,
  668  residential instructors, or nurses is subject to the retirement
  669  contribution required by subparagraph 2.
  670         e. A developmental research school may reemploy a retiree
  671  as a substitute or hourly teacher or an education
  672  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  673  basis after he or she has been retired for 1 calendar month. A
  674  developmental research school may reemploy a retiree as
  675  instructional personnel, as defined in s. 1012.01(2)(a), on an
  676  annual contractual basis after he or she has been retired for 1
  677  calendar month after retirement. Any member who is reemployed
  678  within 1 calendar month voids his or her application for
  679  retirement benefits. A developmental research school that
  680  reemploys retired teachers and education paraprofessionals is
  681  subject to the retirement contribution required by subparagraph
  682  2.
  683         f. A charter school may reemploy a retiree as a substitute
  684  or hourly teacher on a noncontractual basis after he or she has
  685  been retired for 1 calendar month. A charter school may reemploy
  686  a retired member as instructional personnel, as defined in s.
  687  1012.01(2)(a), on an annual contractual basis after he or she
  688  has been retired for 1 calendar month after retirement. Any
  689  member who is reemployed within 1 calendar month voids his or
  690  her application for retirement benefits. A charter school that
  691  reemploys such teachers is subject to the retirement
  692  contribution required by subparagraph 2.
  693         2. The employment of a retiree or DROP participant of a
  694  state-administered retirement system does not affect the average
  695  final compensation or years of creditable service of the retiree
  696  or DROP participant. Before July 1, 1991, upon employment of any
  697  person, other than an elected officer as provided in s. 121.053,
  698  who is retired under a state-administered retirement program,
  699  the employer shall pay retirement contributions in an amount
  700  equal to the unfunded actuarial liability portion of the
  701  employer contribution which would be required for regular
  702  members of the Florida Retirement System. Effective July 1,
  703  1991, contributions shall be made as provided in s. 121.122 for
  704  retirees who have renewed membership or, as provided in
  705  subsection (13), for DROP participants.
  706         3. Any person who is holding an elective public office
  707  which is covered by the Florida Retirement System and who is
  708  concurrently employed in nonelected covered employment may elect
  709  to retire while continuing employment in the elective public
  710  office if he or she terminates his or her nonelected covered
  711  employment. Such person shall receive his or her retirement
  712  benefits in addition to the compensation of the elective office
  713  without regard to the time limitations otherwise provided in
  714  this subsection. A person who seeks to exercise the provisions
  715  of this subparagraph as they existed before May 3, 1984, may not
  716  be deemed to be retired under those provisions, unless such
  717  person is eligible to retire under this subparagraph, as amended
  718  by chapter 84-11, Laws of Florida.
  719         Reviser’s note.—Amended to conform a reference to “community
  720         college board of trustees” to changes in chapters 2008-52
  721         and 2009-228, Laws of Florida, transitioning references to
  722         community colleges to Florida College System institutions.
  723         Also amended to substitute a reference to the Florida
  724         College System for a reference to the Florida Community
  725         College System to conform to s. 2, ch. 2008-52, which
  726         enacted s. 1001.60, creating the Florida College System.
  727         Section 18. Subsection (7) of section 159.823, Florida
  728  Statutes, is amended to read:
  729         159.823 Definitions.—As used in this act, the following
  730  words and terms shall have the following meanings, unless some
  731  other meaning is plainly intended:
  732         (7) “State Board of Administration” means the State Board
  733  of Administration created by and referred to in s. 4 9, Art. IV
  734  XII, of the State Constitution.
  735         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
  736         of 1968 provides that the governor, chief financial
  737         officer, and attorney general constitute the state board of
  738         administration, as successor to the state board of
  739         administration established pursuant to s. 16, Art. IX of
  740         the Constitution of 1885.
  741         Section 19. Subsections (1), (4), (5), (6), and (7),
  742  paragraph (a) of subsection (9), and subsections (12) and (13)
  743  of section 163.3246, Florida Statutes, are amended to read:
  744         163.3246 Local government comprehensive planning
  745  certification program.—
  746         (1) There is created the Local Government Comprehensive
  747  Planning Certification Program to be administered by the state
  748  land planning agency. The purpose of the program is to create a
  749  certification process for local governments who identify a
  750  geographic area for certification within which they commit to
  751  directing growth and who, because of a demonstrated record of
  752  effectively adopting, implementing, and enforcing its
  753  comprehensive plan, the level of technical planning experience
  754  exhibited by the local government, and a commitment to implement
  755  exemplary planning practices, require less state and regional
  756  oversight of the comprehensive plan amendment process. The
  757  purpose of the certification area is to designate areas that are
  758  contiguous, compact, and appropriate for urban growth and
  759  development within a 10-year planning timeframe. Municipalities
  760  and counties are encouraged to jointly establish the
  761  certification area, and subsequently enter into joint
  762  certification agreement with the state land planning agency
  763  department.
  764         (4) A local government or group of local governments
  765  seeking certification of all or part of a jurisdiction or
  766  jurisdictions must submit an application to the state land
  767  planning agency department which demonstrates that the area
  768  sought to be certified meets the criteria of subsections (2) and
  769  (5). The application shall include copies of the applicable
  770  local government comprehensive plan, land development
  771  regulations, interlocal agreements, and other relevant
  772  information supporting the eligibility criteria for designation.
  773  Upon receipt of a complete application, the state land planning
  774  agency department must provide the local government with an
  775  initial response to the application within 90 days after receipt
  776  of the application.
  777         (5) If the local government meets the eligibility criteria
  778  of subsection (2), the state land planning agency department
  779  shall certify all or part of a local government by written
  780  agreement, which shall be considered final agency action subject
  781  to challenge under s. 120.569. The agreement must include the
  782  following components:
  783         (a) The basis for certification.
  784         (b) The boundary of the certification area, which
  785  encompasses areas that are contiguous, compact, appropriate for
  786  urban growth and development, and in which public infrastructure
  787  is existing or planned within a 10-year planning timeframe. The
  788  certification area is required to include sufficient land to
  789  accommodate projected population growth, housing demand,
  790  including choice in housing types and affordability, job growth
  791  and employment, appropriate densities and intensities of use to
  792  be achieved in new development and redevelopment, existing or
  793  planned infrastructure, including transportation and central
  794  water and sewer facilities. The certification area must be
  795  adopted as part of the local government’s comprehensive plan.
  796         (c) A demonstration that the capital improvements plan
  797  governing the certified area is updated annually.
  798         (d) A visioning plan or a schedule for the development of a
  799  visioning plan.
  800         (e) A description of baseline conditions related to the
  801  evaluation criteria in paragraph (g) in the certified area.
  802         (f) A work program setting forth specific planning
  803  strategies and projects that will be undertaken to achieve
  804  improvement in the baseline conditions as measured by the
  805  criteria identified in paragraph (g).
  806         (g) Criteria to evaluate the effectiveness of the
  807  certification process in achieving the community-development
  808  goals for the certification area including:
  809         1. Measuring the compactness of growth, expressed as the
  810  ratio between population growth and land consumed;
  811         2. Increasing residential density and intensities of use;
  812         3. Measuring and reducing vehicle miles traveled and
  813  increasing the interconnectedness of the street system,
  814  pedestrian access, and mass transit;
  815         4. Measuring the balance between the location of jobs and
  816  housing;
  817         5. Improving the housing mix within the certification area,
  818  including the provision of mixed-use neighborhoods, affordable
  819  housing, and the creation of an affordable housing program if
  820  such a program is not already in place;
  821         6. Promoting mixed-use developments as an alternative to
  822  single-purpose centers;
  823         7. Promoting clustered development having dedicated open
  824  space;
  825         8. Linking commercial, educational, and recreational uses
  826  directly to residential growth;
  827         9. Reducing per capita water and energy consumption;
  828         10. Prioritizing environmental features to be protected and
  829  adopting measures or programs to protect identified features;
  830         11. Reducing hurricane shelter deficits and evacuation
  831  times and implementing the adopted mitigation strategies; and
  832         12. Improving coordination between the local government and
  833  school board.
  834         (h) A commitment to change any land development regulations
  835  that restrict compact development and adopt alternative design
  836  codes that encourage desirable densities and intensities of use
  837  and patterns of compact development identified in the agreement.
  838         (i) A plan for increasing public participation in
  839  comprehensive planning and land use decisionmaking which
  840  includes outreach to neighborhood and civic associations through
  841  community planning initiatives.
  842         (j) A demonstration that the intergovernmental coordination
  843  element of the local government’s comprehensive plan includes
  844  joint processes for coordination between the school board and
  845  local government pursuant to s. 163.3177(6)(h)2. and other
  846  requirements of law.
  847         (k) A method of addressing the extrajurisdictional effects
  848  of development within the certified area which is integrated by
  849  amendment into the intergovernmental coordination element of the
  850  local government comprehensive plan.
  851         (l) A requirement for the annual reporting to the state
  852  land planning agency department of plan amendments adopted
  853  during the year, and the progress of the local government in
  854  meeting the terms and conditions of the certification agreement.
  855  Prior to the deadline for the annual report, the local
  856  government must hold a public hearing soliciting public input on
  857  the progress of the local government in satisfying the terms of
  858  the certification agreement.
  859         (m) An expiration date that is no later than 10 years after
  860  execution of the agreement.
  861         (6) The state land planning agency department may enter up
  862  to eight new certification agreements each fiscal year. The
  863  state land planning agency department shall adopt procedural
  864  rules governing the application and review of local government
  865  requests for certification. Such procedural rules may establish
  866  a phased schedule for review of local government requests for
  867  certification.
  868         (7) The state land planning agency department shall revoke
  869  the local government’s certification if it determines that the
  870  local government is not substantially complying with the terms
  871  of the agreement.
  872         (9)(a) Upon certification all comprehensive plan amendments
  873  associated with the area certified must be adopted and reviewed
  874  in the manner described in s. 163.3184(5)-(11), such that state
  875  and regional agency review is eliminated. Plan amendments that
  876  qualify as small scale development amendments may follow the
  877  small scale review process in s. 163.3187. The state land
  878  planning agency department may not issue any objections,
  879  recommendations, and comments report on proposed plan amendments
  880  or a notice of intent on adopted plan amendments; however,
  881  affected persons, as defined by s. 163.3184(1)(a), may file a
  882  petition for administrative review pursuant to the requirements
  883  of s. 163.3184(5) to challenge the compliance of an adopted plan
  884  amendment.
  885         (12) A local government’s certification shall be reviewed
  886  by the local government and the state land planning agency
  887  department as part of the evaluation and appraisal process
  888  pursuant to s. 163.3191. Within 1 year after the deadline for
  889  the local government to update its comprehensive plan based on
  890  the evaluation and appraisal report, the state land planning
  891  agency department shall renew or revoke the certification. The
  892  local government’s failure to timely adopt necessary amendments
  893  to update its comprehensive plan based on an evaluation and
  894  appraisal, which are found to be in compliance by the state land
  895  planning agency department, shall be cause for revoking the
  896  certification agreement. The state land planning agency’s
  897  department’s decision to renew or revoke shall be considered
  898  agency action subject to challenge under s. 120.569.
  899         (13) The state land planning agency department shall, by
  900  July 1 of each odd-numbered year, submit to the Governor, the
  901  President of the Senate, and the Speaker of the House of
  902  Representatives a report listing certified local governments,
  903  evaluating the effectiveness of the certification, and including
  904  any recommendations for legislative actions.
  905         Reviser’s note.—Amended to conform to the repeal by s. 478, ch.
  906         2011-142, Laws of Florida, of s. 20.18, which created the
  907         Department of Community Affairs.
  908         Section 20. Subsection (2) of section 163.340, Florida
  909  Statutes, is amended to read:
  910         163.340 Definitions.—The following terms, wherever used or
  911  referred to in this part, have the following meanings:
  912         (2) “Public body” means the state or any county,
  913  municipality, authority, special district as defined in s.
  914  165.031(7) 165.031(5), or other public body of the state, except
  915  a school district.
  916         Reviser’s note.—Amended to conform to the redesignation of s.
  917         165.031(5) as s. 165.031(7) by s. 1, ch. 2012-121, Laws of
  918         Florida.
  919         Section 21. Paragraph (c) of subsection (6) of section
  920  189.4042, Florida Statutes, is amended to read:
  921         189.4042 Merger and dissolution procedures.—
  922         (6) INVOLUNTARY MERGER OF INDEPENDENT SPECIAL DISTRICTS.—
  923         (c) Inactive independent special districts.—An independent
  924  special district that meets any criteria for being declared
  925  inactive, or that has already been declared inactive, pursuant
  926  to s. 189.4044 may be by merged by special act without a
  927  referendum.
  928         Reviser’s note.—Amended to conform to context.
  929         Section 22. Paragraph (f) of subsection (1) of section
  930  190.046, Florida Statutes, is amended to read:
  931         190.046 Termination, contraction, or expansion of
  932  district.—
  933         (1) A landowner or the board may petition to contract or
  934  expand the boundaries of a community development district in the
  935  following manner:
  936         (f) Petitions to amend the boundaries of the district that
  937  exceed the amount of land specified in paragraph (e) shall be
  938  processed in accordance with s. 190.005, and the petition shall
  939  include only the elements set forth in s. 190.005(1)(a)1. and
  940  5.-8. and the consent required by paragraph (g). However, the
  941  resulting administrative rule or ordinance may only amend the
  942  boundaries of the district and may not establish a new district
  943  or cause a new 6-year or 10-year period to begin pursuant to s.
  944  190.006(3)(a)2. The filing fee for such petitions shall be as
  945  set forth in s. 190.005(1)(b) and (2), as applicable.
  946         Reviser’s note.—Amended to conform to the fact that there is no
  947         reference to a fee in s. 190.005(2).
  948         Section 23. Section 202.38, Florida Statutes, is repealed.
  949         Reviser’s note.—The repealed provision, which authorizes dealers
  950         who have paid specified taxes on telecommunications
  951         services billed prior to October 1, 2001, which are no
  952         longer subject to the tax as a result of chapter 2000-260,
  953         Laws of Florida, to take a credit or obtain a refund of
  954         taxes imposed under chapter 202 on unpaid balances due on
  955         worthless accounts within 12 months following the last day
  956         of the calendar year for which the bad debt was charged off
  957         on the taxpayer’s federal income tax return, is obsolete.
  958         Section 24. Paragraph (b) of subsection (1) of section
  959  211.02, Florida Statutes, is amended to read:
  960         211.02 Oil production tax; basis and rate of tax; tertiary
  961  oil and mature field recovery oil.—An excise tax is hereby
  962  levied upon every person who severs oil in the state for sale,
  963  transport, storage, profit, or commercial use. Except as
  964  otherwise provided in this part, the tax is levied on the basis
  965  of the entire production of oil in this state, including any
  966  royalty interest. Such tax shall accrue at the time the oil is
  967  severed and shall be a lien on production regardless of the
  968  place of sale, to whom sold, or by whom used, and regardless of
  969  the fact that delivery of the oil may be made outside the state.
  970         (1) The amount of tax shall be measured by the value of the
  971  oil produced and saved or sold during a month. The value of oil
  972  shall be taxed at the following rates:
  973         (b) Tertiary oil and mature field recovery oil:
  974         1. One percent of the gross value of oil on the value of
  975  oil $60 dollars and below;
  976         2. Seven percent of the gross value of oil on the value of
  977  oil above $60 and below $80; and
  978         3. Nine percent of the gross value of oil on the value of
  979  oil $80 and above.
  980         Reviser’s note.—Amended to confirm deletion of the word
  981         “dollars” by the editors to conform to Florida Statutes
  982         style.
  983         Section 25. Paragraph (a) of subsection (2) of section
  984  215.5601, Florida Statutes, is amended to read:
  985         215.5601 Lawton Chiles Endowment Fund.—
  986         (2) DEFINITIONS.—As used in this section, the term:
  987         (a) “Board” means the State Board of Administration
  988  established by s. 16, Art. IX of the State Constitution of 1885
  989  and incorporated into s. 4 9(c), Art. IV XII of the State
  990  Constitution of 1968.
  991         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
  992         of 1968 provides that the governor, chief financial
  993         officer, and attorney general constitute the state board of
  994         administration, as successor to the state board of
  995         administration established pursuant to s. 16, Art. IX of
  996         the Constitution of 1885.
  997         Section 26. Paragraph (j) of subsection (2) and paragraph
  998  (o) of subsection (8) of section 215.97, Florida Statutes, are
  999  amended to read:
 1000         215.97 Florida Single Audit Act.—
 1001         (2) Definitions; as used in this section, the term:
 1002         (j) “Local governmental entity” means a county as a whole,
 1003  municipality, or special district or any other entity excluding
 1004  a district school board, charter school, Florida College System
 1005  institution community college, or public university, however
 1006  styled, which independently exercises any type of governmental
 1007  function within the state.
 1008         (8) Each recipient or subrecipient of state financial
 1009  assistance shall comply with the following:
 1010         (o) A contract involving the State University System or the
 1011  Florida Community College System funded by state financial
 1012  assistance may be in the form of:
 1013         1. A fixed-price contract that entitles the provider to
 1014  receive full compensation for the fixed contract amount upon
 1015  completion of all contract deliverables;
 1016         2. A fixed-rate-per-unit contract that entitles the
 1017  provider to receive compensation for each contract deliverable
 1018  provided;
 1019         3. A cost-reimbursable contract that entitles the provider
 1020  to receive compensation for actual allowable costs incurred in
 1021  performing contract deliverables; or
 1022         4. A combination of the contract forms described in
 1023  subparagraphs 1., 2., and 3.
 1024         Reviser’s note.—Paragraph (2)(j) is amended to conform to
 1025         changes in chapters 2008-52 and 2009-228, Laws of Florida,
 1026         transitioning references from community colleges to Florida
 1027         College System institutions. Paragraph (8)(o) is amended to
 1028         substitute a reference to the Florida College System for a
 1029         reference to the Florida Community College System to
 1030         conform to s. 2, ch. 2008-52, which enacted s. 1001.60,
 1031         creating the Florida College System.
 1032         Section 27. Paragraph (f) of subsection (1) of section
 1033  218.32, Florida Statutes, is amended to read:
 1034         218.32 Annual financial reports; local governmental
 1035  entities.—
 1036         (1)
 1037         (f) If the department does not receive a completed annual
 1038  financial report from a local governmental entity within the
 1039  required period, it shall notify the Legislative Auditing
 1040  Committee and the Special District Information Program of the
 1041  Department of Economic Opportunity Community Affairs of the
 1042  entity’s failure to comply with the reporting requirements.
 1043         Reviser’s note—Amended to confirm substitution of a reference to
 1044         the Department of Economic Opportunity for a reference to
 1045         the Department of Community Affairs by the editors. Section
 1046         65, ch. 2011-142, Laws of Florida, transferred the Special
 1047         District Information Program to the Department of Economic
 1048         Opportunity from the Department of Community Affairs.
 1049         Section 28. Paragraph (c) of subsection (4) of section
 1050  252.385, Florida Statutes, is amended to read:
 1051         252.385 Public shelter space.—
 1052         (4)
 1053         (c) The Department of Management Services shall, in
 1054  consultation with local and state emergency management agencies,
 1055  assess Department of Management Services facilities to identify
 1056  the extent to which each facility has public hurricane
 1057  evacuation shelter space. The Department of Management Services
 1058  shall submit proposed facility retrofit projects that
 1059  incorporate hurricane protection enhancements to the division
 1060  department for assessment and inclusion in the annual report
 1061  prepared in accordance with subsection (3).
 1062         Reviser’s note.—Amended to conform to s. 98, ch. 2011-142, Laws
 1063         of Florida, which revised the definition of the term
 1064         “division” for purposes of part I of chapter 252 from the
 1065         Division of Emergency Management of the Department of
 1066         Community Affairs to the Division of Emergency Management
 1067         within the Executive Office of the Governor. Section 478,
 1068         ch. 2011-142, repealed s. 20.18, which created the
 1069         Department of Community Affairs.
 1070         Section 29. Subsections (1), (2), and (4) of section
 1071  252.939, Florida Statutes, are amended to read:
 1072         252.939 Fees.—
 1073         (1)(a) Any owner or operator of a specified stationary
 1074  source in the state which must submit a Risk Management Plan to
 1075  the United States Environmental Protection Agency under s.
 1076  112(r)(7) shall pay an annual registration fee for each
 1077  specified stationary source to the division department. The
 1078  annual registration fee is due to the division department upon
 1079  initial submission of a stationary source’s Risk Management Plan
 1080  to the United States Environmental Protection Agency, and every
 1081  April 1 thereafter.
 1082         (b) Prior individual written notice shall be provided by
 1083  United States mail by the division department to owners or
 1084  operators of specified stationary sources in the state subject
 1085  to the requirements under s. 112(r)(7) to submit Risk Management
 1086  Plans and corresponding state registration fees. This notice
 1087  must include the requirements of the state fee schedule and must
 1088  be mailed at least 90 days before the due date for the specified
 1089  stationary source’s initial registration and Risk Management
 1090  Plan submission year and at least 30 days before the
 1091  registration fee due date for subsequent years.
 1092         (c) The division department shall establish a fee schedule
 1093  by rule for the specified stationary sources, upon the advice
 1094  and consent of the commission. The annual registration fee must
 1095  be based on a stationary source’s highest program level, as
 1096  determined under the federal implementing regulations for s.
 1097  112(r)(7) and may not exceed the following:
 1098         1. Program 1 Stationary Sources $100. Multiple Program 1
 1099  stationary sources which are under common ownership and which
 1100  have the same single chemical process, shall pay a full fee for
 1101  the first stationary source location and a 50 percent fee for
 1102  subsequent locations with no owner of such multiple stationary
 1103  sources paying more than $1,000. To be eligible for this
 1104  multiple stationary source fee provision, one single fee payment
 1105  must be submitted by the owner of the eligible multiple
 1106  stationary source locations with a listing of the multiple
 1107  stationary source locations and the single chemical process.
 1108         2. Program 2 Stationary Sources $200. Multiple Program 2
 1109  stationary sources which are under common ownership and which
 1110  have the same single chemical process, shall pay a full fee for
 1111  the first three stationary source locations and a 50 percent fee
 1112  for subsequent locations with no owner of such multiple
 1113  stationary sources paying more than $2,000. Multiple Program 2
 1114  stationary sources which are under common ownership and which
 1115  are classified under one of the following Standard Industrial
 1116  Classification group numbers 01, 02, or 07 shall pay a full fee,
 1117  not to exceed $100 for the first stationary source location and
 1118  a 50 percent fee for subsequent locations with no owner of such
 1119  multiple stationary sources paying more than $800. To be
 1120  eligible for these multiple stationary source fee provisions,
 1121  one single fee payment must be submitted by the owner of the
 1122  eligible multiple stationary source locations with a listing of
 1123  the multiple stationary source locations and the chemical
 1124  process.
 1125         3. Program 3 Stationary Sources $1,000.
 1126         (d) Annual registration fees under this section are not
 1127  required until after the division department receives final
 1128  delegation approval from the United States Environmental
 1129  Protection Agency to administer the s. 112(r)(7) Accidental
 1130  Release Prevention Program for the specified stationary sources.
 1131         (2) The division department shall establish by rule late
 1132  fees, not to exceed 10 percent per month of the annual
 1133  registration fee owed, and not to exceed a total of 50 percent,
 1134  for failure to timely submit an annual registration fee. A late
 1135  fee may not be assessed against a stationary source during the
 1136  initial registration and submission year if 90 day’s prior
 1137  written notice was not provided to that stationary source.
 1138         (4) If the Legislature directs the division department to
 1139  seek authority to implement and enforce s. 112(r)(7) of the
 1140  Clean Air Act for additional stationary sources, the division
 1141  department shall, with the advice of the commission, review and
 1142  suggest revisions, if necessary and appropriate, to the fees
 1143  specified in this section.
 1144         Reviser’s note.— Amended to conform to s. 112, ch. 2011-142,
 1145         Laws of Florida, which replaced the definition of the term
 1146         “department” referencing the Department of Community
 1147         Affairs in s. 252.936 with the term “division” referencing
 1148         the Division of Emergency Management within the Executive
 1149         Office of the Governor for purposes of part IV of chapter
 1150         252.
 1151         Section 30. Subsections (1), (3), and (4) of section
 1152  252.940, Florida Statutes, are amended to read:
 1153         252.940 Enforcement; procedure; remedies.—
 1154         (1) The division department has the following enforcement
 1155  authority and remedies for specified stationary sources
 1156  available to it for violations of this part as specified in s.
 1157  252.941:
 1158         (a) To institute a civil action in a court of competent
 1159  jurisdiction in order to seek injunctive relief to immediately
 1160  restrain or enjoin any person from engaging in any activity in
 1161  violation of this part which is presenting an imminent and
 1162  substantial endangerment to the public health or welfare or the
 1163  environment; and to seek injunctive relief to enforce compliance
 1164  with this part or any rule, regulation, program requirement, or
 1165  order implementing this part.
 1166         (b) To institute a civil action in a court of competent
 1167  jurisdiction to impose and to recover a civil penalty for each
 1168  violation, as specified in s. 252.941(1), in an amount of not
 1169  more than $10,000 per offense. However, the court may receive
 1170  evidence in mitigation. Each day during any portion of which
 1171  such violation occurs constitutes a separate offense.
 1172         (c) To seek criminal remedies, including fines, for
 1173  violations as specified in s. 252.941(2).
 1174         (d) Failure to comply with the fee provisions under s.
 1175  252.939 is not a violation under s. 252.941. Section 252.939(2)
 1176  is the sole remedy for fee provisions in s. 252.939, except that
 1177  the division department may enforce a final order entered under
 1178  that section pursuant to s. 120.69.
 1179         (3) For the purposes of this section, the division
 1180  department may offer and accept the use of emergency planning,
 1181  training, and response-related Supplemental Environmental
 1182  Projects, consistent with the guidelines established by the
 1183  United States Environmental Protection Agency.
 1184         (4) The authorities and remedies provided under this
 1185  section shall not take effect until after such time as the
 1186  division department has received final delegation approval from
 1187  the United States Environmental Protection Agency to administer
 1188  the s. 112(r)(7) Accidental Release Prevention Program for
 1189  specified stationary sources.
 1190         Reviser’s note.— Amended to conform to s. 112, ch. 2011-142,
 1191         Laws of Florida, which replaced the definition of the term
 1192         “department” referencing the Department of Community
 1193         Affairs in s. 252.936 with the term “division” referencing
 1194         the Division of Emergency Management within the Executive
 1195         Office of the Governor for purposes of part IV of chapter
 1196         252.
 1197         Section 31. Paragraphs (a) and (c) of subsection (1) and
 1198  subsection (4) of section 252.941, Florida Statutes, are amended
 1199  to read:
 1200         252.941 Prohibitions, violations, penalties, intent.—
 1201         (1) It is a violation of this part, and it is prohibited
 1202  for any person to:
 1203         (a) Fail to make any submittal required by this part or by
 1204  rule or regulation implementing this part, or to violate or fail
 1205  to comply with any rule, regulation, order, plan, or
 1206  certification adopted or issued by the division department
 1207  pursuant to its lawful authority under this part, other than
 1208  fees under s. 252.939.
 1209         (c) Fail to report to the appropriate representative of the
 1210  division department, as established by division department rule,
 1211  within 1 working day of discovery of an accidental release of a
 1212  regulated substance from the stationary source, if the owner or
 1213  operator is required to report the release to the United States
 1214  Environmental Protection Agency under s. 112(r)(6).
 1215         (4) The prohibitions and violations provided under this
 1216  section shall take effect after such time as the division
 1217  department has received final delegation approval from the
 1218  United States Environmental Protection Agency to administer the
 1219  s. 112(r)(7) Accidental Release Prevention Program for specified
 1220  stationary sources.
 1221         Reviser’s note.— Amended to conform to s. 112, ch. 2011-142,
 1222         Laws of Florida, which replaced the definition of the term
 1223         “department” referencing the Department of Community
 1224         Affairs in s. 252.936 with the term “division” referencing
 1225         the Division of Emergency Management within the Executive
 1226         Office of the Governor for purposes of part IV of chapter
 1227         252.
 1228         Section 32. Paragraphs (a) and (c) of subsection (1),
 1229  paragraphs (b), (c), and (d) of subsection (3), and subsections
 1230  (4), (6), and (7) of section 252.942, Florida Statutes, are
 1231  amended to read:
 1232         252.942 Inspections and audits.—
 1233         (1)(a) Any duly authorized representative of the division
 1234  department may at any reasonable time enter to inspect and
 1235  audit, in order to ascertain compliance with this part or rules
 1236  adopted to implement this part, any specified stationary source
 1237  subject to the requirements of s. 112(r)(7), except a building
 1238  that is used exclusively for a private residence.
 1239         (c) A person may not refuse reasonable entry or access to
 1240  any authorized representative of the division department who
 1241  requests entry for purposes of inspection and who presents
 1242  appropriate credentials; nor shall any person obstruct, hamper,
 1243  or interfere with such inspection.
 1244         (3)
 1245         (b) When a proper affidavit is made, the judge may issue an
 1246  inspection warrant if:
 1247         1. It appears that the properties to be inspected may be
 1248  connected with or contain evidence of the violation of any of
 1249  the provisions of this part or any rule properly promulgated
 1250  thereunder; or
 1251         2. The inspection sought is an integral part of a larger
 1252  scheme of systematic routine inspections that are necessary to,
 1253  and consistent with, the continuing efforts of the division
 1254  department to ensure compliance with the provisions of this part
 1255  and any rules adopted thereunder.
 1256         (c) The judge shall, before issuing the warrant, have the
 1257  application for the warrant duly sworn to and subscribed by a
 1258  representative of the division department; and he or she may
 1259  receive further testimony from witnesses, supporting affidavits,
 1260  or depositions in writing to support the application. The
 1261  affidavit and further proof must set forth the facts tending to
 1262  establish the grounds specified in paragraph (b) or the reasons
 1263  for believing that such grounds exist.
 1264         (d) Upon examination of the application and proofs
 1265  submitted and if satisfied that cause exists for issuing the
 1266  inspection warrant, the judge shall issue a warrant, signed by
 1267  him or her with the name of his or her office, to any division
 1268  department representative, which warrant will authorize the
 1269  representative to inspect the property described in the warrant.
 1270         (4) The division department shall periodically audit Risk
 1271  Management Plans submitted by owners or operators of stationary
 1272  sources subject to s. 112(r)(7) and require revisions of such
 1273  plans when necessary to ensure compliance with this part. The
 1274  audit and revision requirements must substantially comply with
 1275  federal regulations implementing s. 112(r)(7). The division
 1276  department shall develop, with the advice and consent of the
 1277  commission, an annual audit work plan which identifies specified
 1278  stationary sources or audits based on the program resources
 1279  available. Stationary sources will be prioritized for audits
 1280  based on factors which include, but are not limited to,
 1281  stationary source location and proximity to population centers,
 1282  chemical characteristics and inventories, stationary source
 1283  accident history, process accident history, compliance or
 1284  inspection by allied agency programs, and the results of
 1285  stationary sources’ self-audits.
 1286         (6) Following an audit or inspection, the division
 1287  department shall issue the owner or operator a written
 1288  preliminary determination of any necessary revisions to the
 1289  stationary source Risk Management Plan to ensure that the plan
 1290  meets the requirements of this part and rules adopted to
 1291  implement this part. The preliminary determination must include
 1292  an explanation of the basis for the revisions, reflecting
 1293  industry standards and guidelines to the extent that such
 1294  standards and guidelines are applicable, and must include a
 1295  timetable for their implementation.
 1296         (7) The division department shall provide reasonable notice
 1297  of its intent to conduct an onsite inspection or audit of a
 1298  specified stationary source. Inspections or audits may be
 1299  conducted without notice in response to an accidental release or
 1300  to protect the public health, safety, and welfare.
 1301         Reviser’s note.— Amended to conform to s. 112, ch. 2011-142,
 1302         Laws of Florida, which replaced the definition of the term
 1303         “department” referencing the Department of Community
 1304         Affairs in s. 252.936 with the term “division” referencing
 1305         the Division of Emergency Management within the Executive
 1306         Office of the Governor for purposes of part IV of chapter
 1307         252.
 1308         Section 33. Section 252.945, Florida Statutes, is repealed.
 1309         Reviser’s note.— The cited section, which authorized advancement
 1310         of a startup loan from the hazardous materials account in
 1311         the Operating Trust Fund to support initial implementation
 1312         of part IV of chapter 252, beginning October 1, 2001, to be
 1313         repaid by 2006, is obsolete.
 1314         Section 34. Paragraph (c) of subsection (2), paragraph (b)
 1315  of subsection (6), and subsection (15) of section 253.034,
 1316  Florida Statutes, are amended to read:
 1317         253.034 State-owned lands; uses.—
 1318         (2) As used in this section, the following phrases have the
 1319  following meanings:
 1320         (c) “Conservation lands” means lands that are currently
 1321  managed for conservation, outdoor resource-based recreation, or
 1322  archaeological or historic preservation, except those lands that
 1323  were acquired solely to facilitate the acquisition of other
 1324  conservation lands. Lands acquired for uses other than
 1325  conservation, outdoor resource-based recreation, or
 1326  archaeological or historic preservation shall not be designated
 1327  conservation lands except as otherwise authorized under this
 1328  section. These lands shall include, but not be limited to, the
 1329  following: correction and detention facilities, military
 1330  installations and facilities, state office buildings,
 1331  maintenance yards, state university or Florida College System
 1332  institution state community college campuses, agricultural field
 1333  stations or offices, tower sites, law enforcement and license
 1334  facilities, laboratories, hospitals, clinics, and other sites
 1335  that possess no significant natural or historical resources.
 1336  However, lands acquired solely to facilitate the acquisition of
 1337  other conservation lands, and for which the land management plan
 1338  has not yet been completed or updated, may be evaluated by the
 1339  Board of Trustees of the Internal Improvement Trust Fund on a
 1340  case-by-case basis to determine if they will be designated
 1341  conservation lands.
 1342  
 1343  Lands acquired by the state as a gift, through donation, or by
 1344  any other conveyance for which no consideration was paid, and
 1345  which are not managed for conservation, outdoor resource-based
 1346  recreation, or archaeological or historic preservation under a
 1347  land management plan approved by the board of trustees are not
 1348  conservation lands.
 1349         (6) The Board of Trustees of the Internal Improvement Trust
 1350  Fund shall determine which lands, the title to which is vested
 1351  in the board, may be surplused. For conservation lands, the
 1352  board shall make a determination that the lands are no longer
 1353  needed for conservation purposes and may dispose of them by an
 1354  affirmative vote of at least three members. In the case of a
 1355  land exchange involving the disposition of conservation lands,
 1356  the board must determine by an affirmative vote of at least
 1357  three members that the exchange will result in a net positive
 1358  conservation benefit. For all other lands, the board shall make
 1359  a determination that the lands are no longer needed and may
 1360  dispose of them by an affirmative vote of at least three
 1361  members.
 1362         (b) For any lands purchased by the state on or after July
 1363  1, 1999, a determination shall be made by the board prior to
 1364  acquisition as to those parcels that shall be designated as
 1365  having been acquired for conservation purposes. No lands
 1366  acquired for use by the Department of Corrections, the
 1367  Department of Management Services for use as state offices, the
 1368  Department of Transportation, except those specifically managed
 1369  for conservation or recreation purposes, or the State University
 1370  System or the Florida Community College System shall be
 1371  designated as having been purchased for conservation purposes.
 1372         (15) Before a building or parcel of land is offered for
 1373  lease, sublease, or sale to a local or federal unit of
 1374  government or a private party, it shall first be offered for
 1375  lease to state agencies, state universities, and Florida College
 1376  System institutions community colleges, with priority
 1377  consideration given to state universities and Florida College
 1378  System institutions community colleges. A state university or
 1379  Florida College System institution community college must submit
 1380  a plan for review and approval by the Board of Trustees of the
 1381  Internal Improvement Trust Fund regarding the intended use of
 1382  the building or parcel of land before approval of a lease.
 1383         Reviser’s note.—Paragraph (2)(c) and subsection (15) are amended
 1384         to conform references to community colleges to changes in
 1385         chapters 2008-52 and 2009-228, Laws of Florida,
 1386         transitioning references from community colleges to Florida
 1387         College System institutions. Paragraph (6)(b) is amended to
 1388         substitute a reference to the Florida College System for a
 1389         reference to the Florida Community College System to
 1390         conform to s. 2, ch. 2008-52, which enacted s. 1001.60,
 1391         creating the Florida College System.
 1392         Section 35. Subsections (2) and (3) of section 255.2575,
 1393  Florida Statutes, are amended to read:
 1394         255.2575 Energy-efficient and sustainable buildings.—
 1395         (2) All county, municipal, school district, water
 1396  management district, state university, Florida College System
 1397  institution community college, and state court buildings shall
 1398  be constructed to comply with a sustainable building rating
 1399  system or a national model green building code. This section
 1400  applies to all county, municipal, school district, water
 1401  management district, state university, Florida College System
 1402  institution community college, and state court buildings the
 1403  architectural plans of which are commenced after July 1, 2008.
 1404         (3) St. Petersburg College may work with the Florida
 1405  Community College System and may consult with the University of
 1406  Florida to provide training and educational opportunities that
 1407  will ensure that green building rating system certifying agents
 1408  (accredited professionals who possess a knowledge and
 1409  understanding of green building processes, practices, and
 1410  principles) are available to work with the entities specified in
 1411  subsection (2) as they construct public buildings to meet green
 1412  building rating system standards. St. Petersburg College may
 1413  work with the construction industry to develop an online
 1414  continuing education curriculum for use statewide by builders
 1415  constructing energy-efficient and sustainable public sector
 1416  buildings and students interested in the college’s
 1417  Green/Sustainability Track in its Management and Organization
 1418  Leadership area of study. The curriculum developed may be
 1419  offered by St. Petersburg College or in cooperation with other
 1420  programs at other Florida College System institutions community
 1421  colleges.
 1422         Reviser’s note.—Subsections (2) and (3) are amended to conform
 1423         references to community colleges to changes in chapters
 1424         2008-52 and 2009-228, Laws of Florida, transitioning
 1425         references from community colleges to Florida College
 1426         System institutions. Subsection (3) is also amended to
 1427         substitute a reference to the Florida College System for a
 1428         reference to the Florida Community College System to
 1429         conform to s. 2, ch. 2008-52, which enacted s. 1001.60,
 1430         creating the Florida College System.
 1431         Section 36. Paragraph (c) of subsection (11) of section
 1432  259.032, Florida Statutes, is amended to read:
 1433         259.032 Conservation and Recreation Lands Trust Fund;
 1434  purpose.—
 1435         (11)
 1436         (c) The Land Management Uniform Accounting Council shall
 1437  prepare and deliver a report on the methodology and formula for
 1438  allocating land management funds to the Acquisition and
 1439  Restoration Council. The Acquisition and Restoration Council
 1440  shall review, modify as appropriate, and submit the report to
 1441  the Board of Trustees of the Internal Improvement Trust Fund.
 1442  The board of trustees shall review, modify as appropriate, and
 1443  submit the report to the President of the Senate and the Speaker
 1444  of the House of Representatives no later than December 31, 2008,
 1445  which provides an interim management formula and a long-term
 1446  management formula, and the methodologies used to develop the
 1447  formulas, which shall be used to allocate land management funds
 1448  provided for in paragraph (b) for interim and long-term
 1449  management of all lands managed pursuant to this chapter and for
 1450  associated contractual services. The methodology and formula for
 1451  interim management shall be based on the estimated land
 1452  acquisitions for the fiscal year in which the interim funds will
 1453  be expended. The methodology and formula for long-term
 1454  management shall recognize, but not be limited to, the
 1455  following:
 1456         1. The assignment of management intensity associated with
 1457  managed habitats and natural communities and the related
 1458  management activities to achieve land management goals provided
 1459  in s. 253.034(5) and subsection (10).
 1460         a. The acres of land that require minimal effort for
 1461  resource preservation or restoration.
 1462         b. The acres of land that require moderate effort for
 1463  resource preservation or restoration.
 1464         c. The acres of land that require significant effort for
 1465  resource preservation or restoration.
 1466         2. The assignment of management intensity associated with
 1467  public access, including, but not limited to:
 1468         a. The acres of land that are open to the public but offer
 1469  no more than minimally developed facilities;
 1470         b. The acres of land that have a high degree of public use
 1471  and offer highly developed facilities; and
 1472         c. The acres of land that are sites that have historic
 1473  significance, unique natural features, or a very high degree of
 1474  public use.
 1475         3. The acres of land that have a secondary manager
 1476  contributing to the overall management effort.
 1477         4. The anticipated revenues generated from management of
 1478  the lands.
 1479         5. The impacts of, and needs created or addressed by,
 1480  multiple-use management strategies.
 1481         6. The acres of land that have infestations of nonnative or
 1482  invasive plants, animals, or fish.
 1483  
 1484  In evaluating the management funding needs of lands based on the
 1485  above categories, the lead land managing agencies shall include
 1486  in their considerations the impacts of, and needs created or
 1487  addressed by, multiple-use management strategies. The funding
 1488  formulas for interim and long-term management proposed by the
 1489  agencies shall be reviewed by the Legislature during the 2009
 1490  regular legislative session. The Legislature may reject, modify,
 1491  or take no action relative to the proposed funding formulas. If
 1492  no action is taken, the funding formulas shall be used in the
 1493  allocation and distribution of funds provided in paragraph (b).
 1494         Reviser’s note.—Amended to delete an obsolete provision.
 1495         Section 37. Paragraph (d) of subsection (4) of section
 1496  282.201, Florida Statutes, is amended to read:
 1497         282.201 State data center system; agency duties and
 1498  limitations.—A state data center system that includes all
 1499  primary data centers, other nonprimary data centers, and
 1500  computing facilities, and that provides an enterprise
 1501  information technology service as defined in s. 282.0041, is
 1502  established.
 1503         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
 1504         (d) By July 1, 2012, the Department of Highway Safety and
 1505  Motor Vehicles’ Office of Commercial Vehicle Enforcement Motor
 1506  Carrier Compliance shall be consolidated into the Northwood
 1507  Shared Resource Center.
 1508         Reviser’s note.—Amended to conform to the renaming of the office
 1509         by s. 1, ch. 2012-181, Laws of Florida.
 1510         Section 38. Paragraphs (g) and (i) of subsection (1) of
 1511  section 288.1254, Florida Statutes, are amended to read:
 1512         288.1254 Entertainment industry financial incentive
 1513  program.—
 1514         (1) DEFINITIONS.—As used in this section, the term:
 1515         (g) “Production” means a theatrical or direct-to-video
 1516  motion picture; a made-for-television motion picture; visual
 1517  effects or digital animation sequences produced in conjunction
 1518  with a motion picture; a commercial; a music video; an
 1519  industrial or educational film; an infomercial; a documentary
 1520  film; a television pilot program; a presentation for a
 1521  television pilot program; a television series, including, but
 1522  not limited to, a drama, a reality show, a comedy, a soap opera,
 1523  a telenovela, a game show, an awards show, or a miniseries
 1524  production; or a digital media project by the entertainment
 1525  industry. One season of a television series is considered one
 1526  production. The term does not include a weather or market
 1527  program; a sporting event or a sporting event broadcast; a gala;
 1528  a production that solicits funds; a home shopping program; a
 1529  political program; a political documentary; political
 1530  advertising; a gambling-related project or production; a concert
 1531  production; or a local, regional, or Internet-distributed-only
 1532  news show or current-events show; a sports news or sports recap
 1533  show; a pornographic production; or any production deemed
 1534  obscene under chapter 847. A production may be produced on or by
 1535  film, tape, or otherwise by means of a motion picture camera;
 1536  electronic camera or device; tape device; computer; any
 1537  combination of the foregoing; or any other means, method, or
 1538  device.
 1539         (i) “Qualified expenditures” means production expenditures
 1540  incurred in this state by a qualified production for:
 1541         1. Goods purchased or leased from, or services, including,
 1542  but not limited to, insurance costs and bonding, payroll
 1543  services, and legal fees, which are provided by, a vendor or
 1544  supplier in this state that is registered with the Department of
 1545  State or the Department of Revenue, has a physical location in
 1546  this state, and employs one or more legal residents of this
 1547  state. This does not include rebilled goods or services provided
 1548  by an in-state company from out-of-state vendors or suppliers.
 1549  When services are provided by the vendor or supplier include
 1550  personal services or labor, only personal services or labor
 1551  provided by residents of this state, evidenced by the required
 1552  documentation of residency in this state, qualify.
 1553         2. Payments to legal residents of this state in the form of
 1554  salary, wages, or other compensation up to a maximum of $400,000
 1555  per resident unless otherwise specified in subsection (4). A
 1556  completed declaration of residency in this state must accompany
 1557  the documentation submitted to the office for reimbursement.
 1558  
 1559  For a qualified production involving an event, such as an awards
 1560  show, the term does not include expenditures solely associated
 1561  with the event itself and not directly required by the
 1562  production. The term does not include expenditures incurred
 1563  before certification, with the exception of those incurred for a
 1564  commercial, a music video, or the pickup of additional episodes
 1565  of a high-impact television series within a single season. Under
 1566  no circumstances may the qualified production include in the
 1567  calculation for qualified expenditures the original purchase
 1568  price for equipment or other tangible property that is later
 1569  sold or transferred by the qualified production for
 1570  consideration. In such cases, the qualified expenditure is the
 1571  net of the original purchase price minus the consideration
 1572  received upon sale or transfer.
 1573         Reviser’s note.—Paragraph (g) is amended to confirm deletion of
 1574         the word “or” by the editors. Paragraph (i) is amended to
 1575         provide clarity.
 1576         Section 39. Subsection (2) of section 288.71025, Florida
 1577  Statutes, is amended to read:
 1578         288.71025 Prohibited acts; penalties.—
 1579         (2) In addition to any other penalties or remedies provided
 1580  under law, the department office may bring a civil action in any
 1581  court of competent jurisdiction against any person for a knowing
 1582  or willful violation of this section. Upon an adverse
 1583  adjudication, the court may impose a civil penalty of up to $500
 1584  and payment of court costs and reasonable attorney’s fees
 1585  incurred by the plaintiff.
 1586         Reviser’s note.—Amended to conform to the repeal of s. 14.2015,
 1587         which created the Office of Tourism, Trade, and Economic
 1588         Opportunity, by s. 477, ch. 2011-142, Laws of Florida, and
 1589         the transfer of duties of the office to the Department of
 1590         Economic Opportunity by s. 4, ch. 2011-142.
 1591         Section 40. Paragraph (b) of subsection (1) of section
 1592  288.980, Florida Statutes, is amended to read:
 1593         288.980 Military base retention; legislative intent; grants
 1594  program.—
 1595         (1)
 1596         (b) The Florida Defense Alliance, an organization within
 1597  Enterprise Florida, Inc., is designated as the organization to
 1598  ensure that Florida, its resident military bases and missions,
 1599  and its military host communities are in competitive positions
 1600  as the United States continues its defense realignment and
 1601  downsizing. The defense alliance shall serve as an overall
 1602  advisory body for defense-related activity of Enterprise
 1603  Florida, Inc. The Florida Defense Alliance may receive funding
 1604  from appropriations made for that purpose administered by the
 1605  department.
 1606         Reviser’s note.—Amended to confirm insertion of the word “Inc.,”
 1607         by the editors to conform to the full name of Enterprise
 1608         Florida, Inc.
 1609         Section 41. Paragraph (a) of subsection (4) of section
 1610  295.07, Florida Statutes, is amended to read:
 1611         295.07 Preference in appointment and retention.—
 1612         (4) The following positions are exempt from this section:
 1613         (a) Those positions that are exempt from the state Career
 1614  Service System under s. 110.205(2); however, all positions under
 1615  the University Support Personnel System of the State University
 1616  System as well as all Career Service System positions under the
 1617  Florida Community College System and the School for the Deaf and
 1618  the Blind, or the equivalent of such positions at state
 1619  universities, Florida College System institutions community
 1620  colleges, or the School for the Deaf and the Blind, are
 1621  included.
 1622         Reviser’s note.—Amended to substitute a reference to the Florida
 1623         College System for a reference to the Florida Community
 1624         College System to conform to s. 2, ch. 2008-52, Laws of
 1625         Florida, which enacted s. 1001.60, creating the Florida
 1626         College System, and to conform a reference to community
 1627         colleges to changes in chapters 2008-52 and 2009-228, Laws
 1628         of Florida, transitioning references from community
 1629         colleges to Florida College System institutions.
 1630         Section 42. Subsection (7) of section 311.101, Florida
 1631  Statutes, is amended to read:
 1632         311.101 Intermodal Logistics Center Infrastructure Support
 1633  Program.—
 1634         (7) Beginning in fiscal year 2012-2013, up to $5 million
 1635  per year shall be made available from the State Transportation
 1636  Trust Fund for the program. The Department of Transportation
 1637  shall include projects proposed to be funded under this section
 1638  in the tentative work program developed pursuant to so s.
 1639  339.135(4).
 1640         Reviser’s note.—Amended to confirm substitution of the word “to”
 1641         for the word “so” by the editors.
 1642         Section 43. Paragraph (d) of subsection (1) of section
 1643  316.0083, Florida Statutes, is amended to read:
 1644         316.0083 Mark Wandall Traffic Safety Program;
 1645  administration; report.—
 1646         (1)
 1647         (d)1. The owner of the motor vehicle involved in the
 1648  violation is responsible and liable for paying the uniform
 1649  traffic citation issued for a violation of s. 316.074(1) or s.
 1650  316.075(1)(c)1. when the driver failed to stop at a traffic
 1651  signal, unless the owner can establish that:
 1652         a. The motor vehicle passed through the intersection in
 1653  order to yield right-of-way to an emergency vehicle or as part
 1654  of a funeral procession;
 1655         b. The motor vehicle passed through the intersection at the
 1656  direction of a law enforcement officer;
 1657         c. The motor vehicle was, at the time of the violation, in
 1658  the care, custody, or control of another person;
 1659         d. A uniform traffic citation was issued by a law
 1660  enforcement officer to the driver of the motor vehicle for the
 1661  alleged violation of s. 316.074(1) or s. 316.075(1)(c)1; or
 1662         e. The motor vehicle’s owner was deceased on or before the
 1663  date that the uniform uniformed traffic citation was issued, as
 1664  established by an affidavit submitted by the representative of
 1665  the motor vehicle owner’s estate or other designated person or
 1666  family member.
 1667         2. In order to establish such facts, the owner of the motor
 1668  vehicle shall, within 30 days after the date of issuance of the
 1669  traffic citation, furnish to the appropriate governmental entity
 1670  an affidavit setting forth detailed information supporting an
 1671  exemption as provided in this paragraph.
 1672         a. An affidavit supporting an exemption under sub
 1673  subparagraph 1.c. must include the name, address, date of birth,
 1674  and, if known, the driver license number of the person who
 1675  leased, rented, or otherwise had care, custody, or control of
 1676  the motor vehicle at the time of the alleged violation. If the
 1677  vehicle was stolen at the time of the alleged offense, the
 1678  affidavit must include the police report indicating that the
 1679  vehicle was stolen.
 1680         b. If a traffic citation for a violation of s. 316.074(1)
 1681  or s. 316.075(1)(c)1. was issued at the location of the
 1682  violation by a law enforcement officer, the affidavit must
 1683  include the serial number of the uniform traffic citation.
 1684         c. If the motor vehicle’s owner to whom a traffic citation
 1685  has been issued is deceased, the affidavit must include a
 1686  certified copy of the owner’s death certificate showing that the
 1687  date of death occurred on or before the issuance of the uniform
 1688  traffic citation and one of the following:
 1689         (I) A bill of sale or other document showing that the
 1690  deceased owner’s motor vehicle was sold or transferred after his
 1691  or her death, but on or before the date of the alleged
 1692  violation.
 1693         (II) Documentary proof that the registered license plate
 1694  belonging to the deceased owner’s vehicle was returned to the
 1695  department or any branch office or authorized agent of the
 1696  department, but on or before the date of the alleged violation.
 1697         (III) A copy of a police report showing that the deceased
 1698  owner’s registered license plate or motor vehicle was stolen
 1699  after the owner’s death, but on or before the date of the
 1700  alleged violation.
 1701  
 1702  Upon receipt of the affidavit and documentation required under
 1703  this sub-subparagraph, the governmental entity must dismiss the
 1704  citation and provide proof of such dismissal to the person that
 1705  submitted the affidavit.
 1706         3. Upon receipt of an affidavit, the person designated as
 1707  having care, custody, and control of the motor vehicle at the
 1708  time of the violation may be issued a traffic citation for a
 1709  violation of s. 316.074(1) or s. 316.075(1)(c)1. when the driver
 1710  failed to stop at a traffic signal. The affidavit is admissible
 1711  in a proceeding pursuant to this section for the purpose of
 1712  providing proof that the person identified in the affidavit was
 1713  in actual care, custody, or control of the motor vehicle. The
 1714  owner of a leased vehicle for which a traffic citation is issued
 1715  for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
 1716  driver failed to stop at a traffic signal is not responsible for
 1717  paying the traffic citation and is not required to submit an
 1718  affidavit as specified in this subsection if the motor vehicle
 1719  involved in the violation is registered in the name of the
 1720  lessee of such motor vehicle.
 1721         4. The submission of a false affidavit is a misdemeanor of
 1722  the second degree, punishable as provided in s. 775.082 or s.
 1723  775.083.
 1724         Reviser’s note.—Amended to confirm substitution of the word
 1725         “uniform” for the word “uniformed” by the editors to
 1726         conform to context.
 1727         Section 44. Paragraph (a) of subsection (1) and subsection
 1728  (8) of section 316.640, Florida Statutes, are amended to read:
 1729         316.640 Enforcement.—The enforcement of the traffic laws of
 1730  this state is vested as follows:
 1731         (1) STATE.—
 1732         (a)1.a. The Division of Florida Highway Patrol of the
 1733  Department of Highway Safety and Motor Vehicles; the Division of
 1734  Law Enforcement of the Fish and Wildlife Conservation
 1735  Commission; and the agents, inspectors, and officers of the
 1736  Department of Law Enforcement each have authority to enforce all
 1737  of the traffic laws of this state on all the streets and
 1738  highways thereof and elsewhere throughout the state wherever the
 1739  public has a right to travel by motor vehicle.
 1740         b. University police officers may enforce all of the
 1741  traffic laws of this state when violations occur on or within
 1742  1,000 feet of any property or facilities that are under the
 1743  guidance, supervision, regulation, or control of a state
 1744  university, a direct-support organization of such state
 1745  university, or any other organization controlled by the state
 1746  university or a direct-support organization of the state
 1747  university, or when such violations occur within a specified
 1748  jurisdictional area as agreed upon in a mutual aid agreement
 1749  entered into with a law enforcement agency pursuant to s.
 1750  23.1225(1). Traffic laws may also be enforced off-campus when
 1751  hot pursuit originates on or within 1,000 feet of any such
 1752  property or facilities, or as agreed upon in accordance with the
 1753  mutual aid agreement.
 1754         c. Florida College System institution Community college
 1755  police officers may enforce all the traffic laws of this state
 1756  only when such violations occur on any property or facilities
 1757  that are under the guidance, supervision, regulation, or control
 1758  of the Florida community College System.
 1759         d. Police officers employed by an airport authority may
 1760  enforce all of the traffic laws of this state only when such
 1761  violations occur on any property or facilities that are owned or
 1762  operated by an airport authority.
 1763         (I) An airport authority may employ as a parking
 1764  enforcement specialist any individual who successfully completes
 1765  a training program established and approved by the Criminal
 1766  Justice Standards and Training Commission for parking
 1767  enforcement specialists but who does not otherwise meet the
 1768  uniform minimum standards established by the commission for law
 1769  enforcement officers or auxiliary or part-time officers under s.
 1770  943.12. This sub-sub-subparagraph may not be construed to permit
 1771  the carrying of firearms or other weapons, nor shall such
 1772  parking enforcement specialist have arrest authority.
 1773         (II) A parking enforcement specialist employed by an
 1774  airport authority may enforce all state, county, and municipal
 1775  laws and ordinances governing parking only when such violations
 1776  are on property or facilities owned or operated by the airport
 1777  authority employing the specialist, by appropriate state,
 1778  county, or municipal traffic citation.
 1779         e. The Office of Agricultural Law Enforcement of the
 1780  Department of Agriculture and Consumer Services may enforce
 1781  traffic laws of this state.
 1782         f. School safety officers may enforce all of the traffic
 1783  laws of this state when such violations occur on or about any
 1784  property or facilities that are under the guidance, supervision,
 1785  regulation, or control of the district school board.
 1786         2. An agency of the state as described in subparagraph 1.
 1787  is prohibited from establishing a traffic citation quota. A
 1788  violation of this subparagraph is not subject to the penalties
 1789  provided in chapter 318.
 1790         3. Any disciplinary action taken or performance evaluation
 1791  conducted by an agency of the state as described in subparagraph
 1792  1. of a law enforcement officer’s traffic enforcement activity
 1793  must be in accordance with written work-performance standards.
 1794  Such standards must be approved by the agency and any collective
 1795  bargaining unit representing such law enforcement officer. A
 1796  violation of this subparagraph is not subject to the penalties
 1797  provided in chapter 318.
 1798         4. The Division of the Florida Highway Patrol may employ as
 1799  a traffic accident investigation officer any individual who
 1800  successfully completes instruction in traffic accident
 1801  investigation and court presentation through the Selective
 1802  Traffic Enforcement Program as approved by the Criminal Justice
 1803  Standards and Training Commission and funded through the
 1804  National Highway Traffic Safety Administration or a similar
 1805  program approved by the commission, but who does not necessarily
 1806  meet the uniform minimum standards established by the commission
 1807  for law enforcement officers or auxiliary law enforcement
 1808  officers under chapter 943. Any such traffic accident
 1809  investigation officer who makes an investigation at the scene of
 1810  a traffic accident may issue traffic citations, based upon
 1811  personal investigation, when he or she has reasonable and
 1812  probable grounds to believe that a person who was involved in
 1813  the accident committed an offense under this chapter, chapter
 1814  319, chapter 320, or chapter 322 in connection with the
 1815  accident. This subparagraph does not permit the officer to carry
 1816  firearms or other weapons, and such an officer does not have
 1817  authority to make arrests.
 1818         (8) TRAFFIC ENFORCEMENT AGENCY.—Any agency or governmental
 1819  entity designated in subsection (1), subsection (2), or
 1820  subsection (3), including a university, a Florida College System
 1821  institution community college, a school board, or an airport
 1822  authority, is a traffic enforcement agency for purposes of s.
 1823  316.650.
 1824         Reviser’s note.—Paragraph (1)(a) and subsection (8) are amended
 1825         to conform references to community colleges to changes in
 1826         chapters 2008-52 and 2009-228, Laws of Florida,
 1827         transitioning references from community colleges to Florida
 1828         College System institutions. Paragraph (1)(a) is also
 1829         amended to substitute a reference to the Florida College
 1830         System for a reference to the community college system to
 1831         conform to s. 2, ch. 2008-52, which enacted s. 1001.60,
 1832         creating the Florida College System.
 1833         Section 45. Paragraph (b) of subsection (4) of section
 1834  320.20, Florida Statutes, is amended to read:
 1835         320.20 Disposition of license tax moneys.—The revenue
 1836  derived from the registration of motor vehicles, including any
 1837  delinquent fees and excluding those revenues collected and
 1838  distributed under the provisions of s. 320.081, must be
 1839  distributed monthly, as collected, as follows:
 1840         (4) Notwithstanding any other provision of law except
 1841  subsections (1), (2), and (3), $10 million shall be deposited
 1842  annually into the State Transportation Trust Fund solely for the
 1843  purposes of funding the Florida Seaport Transportation and
 1844  Economic Development Program as provided in chapter 311 and for
 1845  funding seaport intermodal access projects of statewide
 1846  significance as provided in s. 341.053. Such revenues shall be
 1847  distributed to any port listed in s. 311.09(1), to be used for
 1848  funding projects as follows:
 1849         (b) For seaport intermodal access projects as described in
 1850  s. 341.053(6) 341.053(5) which are identified in the 5-year
 1851  Florida Seaport Mission Plan as provided in s. 311.09(3).
 1852  Funding for such projects shall be on a matching basis as
 1853  mutually determined by the Florida Seaport Transportation and
 1854  Economic Development Council and the Department of
 1855  Transportation if a minimum of 25 percent of total project funds
 1856  come from any port funds, local funds, private funds, or
 1857  specifically earmarked federal funds.
 1858  
 1859  Such revenues may be assigned, pledged, or set aside as a trust
 1860  for the payment of principal or interest on bonds, tax
 1861  anticipation certificates, or other form of indebtedness issued
 1862  by an individual port or appropriate local government having
 1863  jurisdiction thereof, or collectively by interlocal agreement
 1864  among any of the ports, or used to purchase credit support to
 1865  permit such borrowings. However, such debt is not a general
 1866  obligation of the state. This state covenants with holders of
 1867  such revenue bonds or other instruments of indebtedness issued
 1868  hereunder that it will not repeal or impair or amend this
 1869  subsection in any manner that will materially and adversely
 1870  affect the rights of holders so long as bonds authorized by this
 1871  subsection are outstanding. Any revenues that are not pledged to
 1872  the repayment of bonds as authorized by this section may be used
 1873  for purposes authorized under the Florida Seaport Transportation
 1874  and Economic Development Program. This revenue source is in
 1875  addition to any amounts provided for and appropriated in
 1876  accordance with s. 311.07 and subsection (3). The Florida
 1877  Seaport Transportation and Economic Development Council shall
 1878  approve distribution of funds to ports for projects that have
 1879  been approved pursuant to s. 311.09(5)-(8), or for seaport
 1880  intermodal access projects identified in the 5-year Florida
 1881  Seaport Mission Plan as provided in s. 311.09(3) and mutually
 1882  agreed upon by the Florida Seaport Transportation and Economic
 1883  Development Council and the Department of Transportation. All
 1884  contracts for actual construction of projects authorized by this
 1885  subsection must include a provision encouraging employment of
 1886  participants in the welfare transition program. The goal for
 1887  such employment is 25 percent of all new employees employed
 1888  specifically for the project, unless the Department of
 1889  Transportation and the Florida Seaport Transportation and
 1890  Economic Development Council demonstrate that such a requirement
 1891  would severely hamper the successful completion of the project.
 1892  In such an instance, Workforce Florida, Inc., shall establish an
 1893  appropriate percentage of employees who are participants in the
 1894  welfare transition program. The council and the Department of
 1895  Transportation may perform such acts as are required to
 1896  facilitate and implement the provisions of this subsection. To
 1897  better enable the ports to cooperate to their mutual advantage,
 1898  the governing body of each port may exercise powers provided to
 1899  municipalities or counties in s. 163.01(7)(d) subject to the
 1900  provisions of chapter 311 and special acts, if any, pertaining
 1901  to a port. The use of funds provided pursuant to this subsection
 1902  is limited to eligible projects listed in this subsection. The
 1903  revenues available under this subsection may not be pledged to
 1904  the payment of any bonds other than the Florida Ports Financing
 1905  Commission Series 1996 and Series 1999 Bonds currently
 1906  outstanding; however, such revenues may be pledged to secure
 1907  payment of refunding bonds to refinance the Florida Ports
 1908  Financing Commission Series 1996 and Series 1999 Bonds.
 1909  Refunding bonds secured by revenues available under this
 1910  subsection may not be issued with a final maturity later than
 1911  the final maturity of the Florida Ports Financing Commission
 1912  Series 1996 and Series 1999 Bonds or which provide for higher
 1913  debt service in any year than is currently payable on such
 1914  bonds. Any revenue bonds or other indebtedness issued after July
 1915  1, 2000, other than refunding bonds shall be issued by the
 1916  Division of Bond Finance at the request of the Department of
 1917  Transportation pursuant to the State Bond Act.
 1918         Reviser’s note.—Amended to conform to s. 50, ch. 97-278, Laws of
 1919         Florida, and s. 10, ch. 97-280, Laws of Florida, which
 1920         enacted s. 320.20(4)(b), including the reference to s.
 1921         341.053(5); s. 341.053(5) was redesignated as subsection
 1922         (6) by s. 47, ch. 99-385, Laws of Florida.
 1923         Section 46. Subsection (4) of section 322.142, Florida
 1924  Statutes, is amended to read:
 1925         322.142 Color photographic or digital imaged licenses.—
 1926         (4) The department may maintain a film negative or print
 1927  file. The department shall maintain a record of the digital
 1928  image and signature of the licensees, together with other data
 1929  required by the department for identification and retrieval.
 1930  Reproductions from the file or digital record are exempt from
 1931  the provisions of s. 119.07(1) and shall be made and issued only
 1932  for departmental administrative purposes; for the issuance of
 1933  duplicate licenses; in response to law enforcement agency
 1934  requests; to the Department of Business and Professional
 1935  Regulation pursuant to an interagency agreement for the purpose
 1936  of accessing digital images for reproduction of licenses issued
 1937  by the Department of Business and Professional Regulation; to
 1938  the Department of State pursuant to an interagency agreement to
 1939  facilitate determinations of eligibility of voter registration
 1940  applicants and registered voters in accordance with ss. 98.045
 1941  and 98.075; to the Department of Revenue pursuant to an
 1942  interagency agreement for use in establishing paternity and
 1943  establishing, modifying, or enforcing support obligations in
 1944  Title IV-D cases; to the Department of Children and Family
 1945  Services pursuant to an interagency agreement to conduct
 1946  protective investigations under part III of chapter 39 and
 1947  chapter 415; to the Department of Children and Family Services
 1948  pursuant to an interagency agreement specifying the number of
 1949  employees in each of that department’s regions to be granted
 1950  access to the records for use as verification of identity to
 1951  expedite the determination of eligibility for public assistance
 1952  and for use in public assistance fraud investigations; to the
 1953  Department of Financial Services pursuant to an interagency
 1954  agreement to facilitate the location of owners of unclaimed
 1955  property, the validation of unclaimed property claims, and the
 1956  identification of fraudulent or false claims; or to district
 1957  medical examiners pursuant to an interagency agreement for the
 1958  purpose of identifying a deceased individual, determining cause
 1959  of death, and notifying next of kin of any investigations,
 1960  including autopsies and other laboratory examinations,
 1961  authorized in s. 406.11 406.011.
 1962         Reviser’s note.—Amended to correct an apparent error. Section
 1963         406.011 does not exist. Section 406.11 relates to
 1964         examinations, investigations, and autopsies by medical
 1965         examiners to determine cause of death of deceased humans.
 1966         Section 47. Subsections (8) and (9) of section 322.21,
 1967  Florida Statutes, are reenacted to read:
 1968         322.21 License fees; procedure for handling and collecting
 1969  fees.—
 1970         (8) Any person who applies for reinstatement following the
 1971  suspension or revocation of the person’s driver’s license must
 1972  pay a service fee of $45 following a suspension, and $75
 1973  following a revocation, which is in addition to the fee for a
 1974  license. Any person who applies for reinstatement of a
 1975  commercial driver’s license following the disqualification of
 1976  the person’s privilege to operate a commercial motor vehicle
 1977  shall pay a service fee of $75, which is in addition to the fee
 1978  for a license. The department shall collect all of these fees at
 1979  the time of reinstatement. The department shall issue proper
 1980  receipts for such fees and shall promptly transmit all funds
 1981  received by it as follows:
 1982         (a) Of the $45 fee received from a licensee for
 1983  reinstatement following a suspension, the department shall
 1984  deposit $15 in the General Revenue Fund and $30 in the Highway
 1985  Safety Operating Trust Fund.
 1986         (b) Of the $75 fee received from a licensee for
 1987  reinstatement following a revocation or disqualification, the
 1988  department shall deposit $35 in the General Revenue Fund and $40
 1989  in the Highway Safety Operating Trust Fund.
 1990  
 1991  If the revocation or suspension of the driver’s license was for
 1992  a violation of s. 316.193, or for refusal to submit to a lawful
 1993  breath, blood, or urine test, an additional fee of $130 must be
 1994  charged. However, only one $130 fee may be collected from one
 1995  person convicted of violations arising out of the same incident.
 1996  The department shall collect the $130 fee and deposit the fee
 1997  into the Highway Safety Operating Trust Fund at the time of
 1998  reinstatement of the person’s driver’s license, but the fee may
 1999  not be collected if the suspension or revocation is overturned.
 2000  If the revocation or suspension of the driver’s license was for
 2001  a conviction for a violation of s. 817.234(8) or (9) or s.
 2002  817.505, an additional fee of $180 is imposed for each offense.
 2003  The department shall collect and deposit the additional fee into
 2004  the Highway Safety Operating Trust Fund at the time of
 2005  reinstatement of the person’s driver’s license.
 2006         (9) An applicant:
 2007         (a) Requesting a review authorized in s. 322.222, s.
 2008  322.2615, s. 322.2616, s. 322.27, or s. 322.64 must pay a filing
 2009  fee of $25 to be deposited into the Highway Safety Operating
 2010  Trust Fund.
 2011         (b) Petitioning the department for a hearing authorized in
 2012  s. 322.271 must pay a filing fee of $12 to be deposited into the
 2013  Highway Safety Operating Trust Fund.
 2014         Reviser’s note.—Reenacted to confirm restoration by the editors
 2015         of the paragraph at the end of subsection (8). The flush
 2016         left paragraph was created as part of subsection (8) by s.
 2017         4, ch. 2003-410, Laws of Florida. Section 36, ch. 2009-71,
 2018         Laws of Florida, amended s. 322.21, inserting a new
 2019         subsection (9) before the flush left paragraph at the end
 2020         of subsection (8). Subsection (9) relates to payment of
 2021         filing fees; subsection (8), including the flush left
 2022         paragraph, relates to reinstatement fees following license
 2023         suspension or revocation.
 2024         Section 48. Subsection (2) of section 322.2615, Florida
 2025  Statutes, is amended to read:
 2026         322.2615 Suspension of license; right to review.—
 2027         (2) Except as provided in paragraph (1)(a), the law
 2028  enforcement officer shall forward to the department, within 5
 2029  days after issuing the notice of suspension, the driver’s
 2030  license; an affidavit stating the officer’s grounds for belief
 2031  that the person was driving or in actual physical control of a
 2032  motor vehicle while under the influence of alcoholic beverages
 2033  or chemical or controlled substances; the results of any breath
 2034  or blood test or an affidavit stating that a breath, blood, or
 2035  urine test was requested by a law enforcement officer or
 2036  correctional officer and that the person refused to submit; the
 2037  officer’s description of the person’s field sobriety test, if
 2038  any; and the notice of suspension. The failure of the officer to
 2039  submit materials within the 5-day period specified in this
 2040  subsection and in subsection (1) does not affect the
 2041  department’s ability to consider any evidence submitted at or
 2042  prior to the hearing. The officer may also submit a copy of the
 2043  crash report and a copy of a videotape of the field sobriety
 2044  test or the attempt to administer such test. Materials submitted
 2045  to the department by a law enforcement agency or correctional
 2046  agency shall be considered self-authenticating and shall be in
 2047  the record for consideration by the hearing officer.
 2048  Notwithstanding s. 316.066(4) 316.066(5), the crash report shall
 2049  be considered by the hearing officer.
 2050         Reviser’s note.—Amended to substitute a reference to s.
 2051         316.066(4) for a reference to s. 316.066(5). Section 7, ch.
 2052         2011-66, Laws of Florida, renumbered subsection (5) as
 2053         subsection (4).
 2054         Section 49. Subsection (3) of section 339.0805, Florida
 2055  Statutes, is reenacted, and paragraph (d) of that subsection is
 2056  amended to read:
 2057         339.0805 Funds to be expended with certified disadvantaged
 2058  business enterprises; construction management development
 2059  program; bond guarantee program.—It is the policy of the state
 2060  to meaningfully assist socially and economically disadvantaged
 2061  business enterprises through a program that will provide for the
 2062  development of skills through construction and business
 2063  management training, as well as by providing contracting
 2064  opportunities and financial assistance in the form of bond
 2065  guarantees, to primarily remedy the effects of past economic
 2066  disparity.
 2067         (3) The head of the department may expend up to 6 percent
 2068  of the funds specified in subsection (1) which are designated to
 2069  be expended on small business firms owned and controlled by
 2070  socially and economically disadvantaged individuals to conduct,
 2071  by contract or otherwise, a construction management development
 2072  program. Participation in the program will be limited to those
 2073  firms which are certified under the provisions of subsection (1)
 2074  by the department or the federal Small Business Administration
 2075  or to any firm which meets the definition of a small business in
 2076  49 C.F.R. s. 26.65. The program shall consist of classroom
 2077  instruction and on-the-job instruction. To the extent feasible,
 2078  the registration fee shall be set to cover the cost of
 2079  instruction and overhead. Salary may not be paid to any
 2080  participant.
 2081         (a) Classroom instruction will consist of, but is not
 2082  limited to, project planning methods for identifying personnel,
 2083  equipment, and financial resource needs; bookkeeping; state
 2084  bidding and bonding requirements; state and federal tax
 2085  requirements; and strategies for obtaining loans, bonding, and
 2086  joint venture agreements.
 2087         (b) On-the-job instruction will consist of, but is not
 2088  limited to, setting up the job site; cash-flow methods; project
 2089  scheduling; quantity takeoffs; estimating; reading plans and
 2090  specifications; department procedures on billing and payments;
 2091  quality assessment and control methods; and bid preparation
 2092  methods.
 2093         (c) Contractors who have demonstrated satisfactory project
 2094  performance, as defined by the department, can be exempted from
 2095  the provisions of paragraphs (a) and (b) and be validated as
 2096  meeting the minimum curriculum standards of proficiency, in the
 2097  same manner as participants who successfully complete the
 2098  construction management development program only if they intend
 2099  to apply for funds provided for in subsection (4).
 2100         (d) The department shall develop, under contract with the
 2101  State University System, the Florida community College System, a
 2102  school district in behalf of its career center, or a private
 2103  consulting firm, a curriculum for instruction in the courses
 2104  that will lead to a certification of proficiency in the
 2105  construction management development program.
 2106         Reviser’s note.—Section 52, ch. 2012-174, Laws of Florida,
 2107         purported to amend subsection (3) but did not publish
 2108         paragraphs (a)-(d). Absent affirmative evidence of
 2109         legislative intent to repeal paragraphs (a)-(d), subsection
 2110         (3) is reenacted to confirm that the omission was not
 2111         intended. Paragraph (3)(d) is amended to substitute a
 2112         reference to the Florida College System for a reference to
 2113         the Florida Community College System to conform to s. 2,
 2114         ch. 2008-52, Laws of Florida, which enacted s. 1001.60,
 2115         creating the Florida College System.
 2116         Section 50. Paragraphs (b), (c), (d), (e), and (f) of
 2117  subsection (7) of section 339.135, Florida Statutes, are amended
 2118  to read:
 2119         339.135 Work program; legislative budget request;
 2120  definitions; preparation, adoption, execution, and amendment.—
 2121         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 2122         (b) The department may not transfer any funds for any
 2123  project or project phase between department districts. However,
 2124  a district secretary may agree to a loan of funds to another
 2125  district, if:
 2126         1. The funds are used solely to maximize the use or amount
 2127  of funds available to the state;
 2128         2. The loan agreement is executed in writing and is signed
 2129  by the district secretaries of the respective districts;
 2130         3. Repayment of the loan is to be made within 3 years after
 2131  the date on which the agreement was entered into; and
 2132         4. The adopted work program of the district loaning the
 2133  funds would not be substantially impaired if the loan were made,
 2134  according to the district secretary.
 2135  
 2136  The loan constitutes an amendment to the adopted work program
 2137  and is subject to the procedures specified in paragraph (c) (e).
 2138         (c) The department may amend the adopted work program to
 2139  transfer fixed capital outlay appropriations for projects within
 2140  the same appropriations category or between appropriations
 2141  categories, including the following amendments which shall be
 2142  subject to the procedures in paragraph (d) (f):
 2143         1. Any amendment which deletes any project or project phase
 2144  estimated to cost over $150,000;
 2145         2. Any amendment which adds a project estimated to cost
 2146  over $500,000 in funds appropriated by the Legislature;
 2147         3. Any amendment which advances or defers to another fiscal
 2148  year, a right-of-way phase, a construction phase, or a public
 2149  transportation project phase estimated to cost over $1.5 million
 2150  in funds appropriated by the Legislature, except an amendment
 2151  advancing a phase by 1 year to the current fiscal year or
 2152  deferring a phase for a period of 90 days or less; or
 2153         4. Any amendment which advances or defers to another fiscal
 2154  year, any preliminary engineering phase or design phase
 2155  estimated to cost over $500,000 in funds appropriated by the
 2156  Legislature, except an amendment advancing a phase by 1 year to
 2157  the current fiscal year or deferring a phase for a period of 90
 2158  days or less.
 2159  
 2160  Beginning July 1, 2013, the department shall index the budget
 2161  amendment threshold amounts established in this paragraph to the
 2162  Consumer Price Index or similar inflation indicators. Threshold
 2163  adjustments for inflation under this paragraph may be made no
 2164  more frequently than once a year. Adjustments for inflation are
 2165  subject to the notice and review procedures contained in s.
 2166  216.177.
 2167         (d)1. Whenever the department proposes any amendment to the
 2168  adopted work program, as defined in subparagraph (c)1. (e)1. or
 2169  subparagraph (c)3. (e)3., which deletes or defers a construction
 2170  phase on a capacity project, it shall notify each county
 2171  affected by the amendment and each municipality within the
 2172  county. The notification shall be issued in writing to the chief
 2173  elected official of each affected county, each municipality
 2174  within the county, and the chair of each affected metropolitan
 2175  planning organization. Each affected county and each
 2176  municipality in the county is encouraged to coordinate with each
 2177  other in order to determine how the amendment affects local
 2178  concurrency management and regional transportation planning
 2179  efforts. Each affected county, and each municipality within the
 2180  county, shall have 14 days to provide written comments to the
 2181  department regarding how the amendment will affect its
 2182  respective concurrency management systems, including whether any
 2183  development permits were issued contingent upon the capacity
 2184  improvement, if applicable. After receipt of written comments
 2185  from the affected local governments, the department shall
 2186  include any written comments submitted by such local governments
 2187  in its preparation of the proposed amendment.
 2188         2. Following the 14-day comment period in subparagraph 1.,
 2189  if applicable, whenever the department proposes any amendment to
 2190  the adopted work program, which amendment is defined in
 2191  subparagraph (c)1. (e)1., subparagraph (c)2. (e)2., subparagraph
 2192  (c)3. (e)3., or subparagraph (c)4. (e)4., it shall submit the
 2193  proposed amendment to the Governor for approval and shall
 2194  immediately notify the chairs of the legislative appropriations
 2195  committees, the chairs of the legislative transportation
 2196  committees, and each member of the Legislature who represents a
 2197  district affected by the proposed amendment. It shall also
 2198  notify each metropolitan planning organization affected by the
 2199  proposed amendment, and each unit of local government affected
 2200  by the proposed amendment, unless it provided to each the
 2201  notification required by subparagraph 1. Such proposed amendment
 2202  shall provide a complete justification of the need for the
 2203  proposed amendment.
 2204         3. The Governor may not approve a proposed amendment until
 2205  14 days following the notification required in subparagraph 2.
 2206         4. If either of the chairs of the legislative
 2207  appropriations committees or the President of the Senate or the
 2208  Speaker of the House of Representatives objects in writing to a
 2209  proposed amendment within 14 days following notification and
 2210  specifies the reasons for such objection, the Governor shall
 2211  disapprove the proposed amendment.
 2212         (e) Notwithstanding paragraphs (d) (f) and (g) (i) and ss.
 2213  216.177(2) and 216.351, the secretary may request the Executive
 2214  Office of the Governor to amend the adopted work program when an
 2215  emergency exists, as defined in s. 252.34, and the emergency
 2216  relates to the repair or rehabilitation of any state
 2217  transportation facility. The Executive Office of the Governor
 2218  may approve the amendment to the adopted work program and amend
 2219  that portion of the department’s approved budget if a delay
 2220  incident to the notification requirements in paragraph (d) (f)
 2221  would be detrimental to the interests of the state. However, the
 2222  department shall immediately notify the parties specified in
 2223  paragraph (d) (f) and provide such parties written justification
 2224  for the emergency action within 7 days after approval by the
 2225  Executive Office of the Governor of the amendment to the adopted
 2226  work program and the department’s budget. The adopted work
 2227  program may not be amended under this subsection without
 2228  certification by the comptroller of the department that there
 2229  are sufficient funds available pursuant to the 36-month cash
 2230  forecast and applicable statutes.
 2231         (f) The department may authorize the investment of the
 2232  earnings accrued and collected upon the investment of the
 2233  minimum balance of funds required to be maintained in the State
 2234  Transportation Trust Fund pursuant to former paragraph (b).
 2235         Reviser’s note.—Amended to conform to the repeal of s.
 2236         339.135(7)(a) and (b) by s. 5, ch. 2012-6, Laws of Florida.
 2237         Section 51. Subsection (2) of section 339.2825, Florida
 2238  Statutes, is amended to read:
 2239         339.2825 Approval of contractor-financed projects.—
 2240         (2) If the department receives an unsolicited proposal
 2241  pursuant to s. 334.30 to advance a project programmed in the
 2242  adopted 5-year work program or in the 10-year Strategic
 2243  Intermodal Plan using funds provided by public-private
 2244  partnerships or private entities to be reimbursed from
 2245  department funds for the project as programmed in the adopted
 2246  work program, the department shall provide a summary of the
 2247  proposed project to the Executive Office of the Governor, the
 2248  chair of each legislative appropriations committee, the
 2249  President of the Senate, and the Speaker of the House of
 2250  Representatives before the department advertises receipt of the
 2251  proposal as provided in s. 334.30. The summary must include a
 2252  description of any anticipated commitments by the department for
 2253  the years outside the adopted work program, a description of any
 2254  anticipated impacts on the department’s overall debt load, and
 2255  sufficient information to demonstrate that the project will not
 2256  cause the department to exceed the overall debt limitation
 2257  provided in s. 339.139 339.14. The department may not accept the
 2258  unsolicited proposal, advertise receipt of the unsolicited
 2259  proposal, or solicit other proposals for the same project
 2260  purpose without the approval of the Executive Office of the
 2261  Governor. If the chair of either legislative appropriations
 2262  committee, the President of the Senate, or the Speaker of the
 2263  House of Representatives objects to the proposed project in
 2264  writing within 14 days after receipt of the summary, the
 2265  Executive Office of the Governor may not approve the proposed
 2266  project.
 2267         Reviser’s note.—Amended to correct an apparent error. Section
 2268         339.14 was transferred to s. 336.50 in 1957 and repealed in
 2269         1984. Section 339.139 relates to overall debt limitation.
 2270         Section 52. Paragraph (a) of subsection (3) of section
 2271  341.840, Florida Statutes, is amended to read:
 2272         341.840 Tax exemption.—
 2273         (3)(a) Purchases or leases of tangible personal property or
 2274  real property by the enterprise, excluding agents of the
 2275  enterprise, are exempt from taxes imposed by chapter 212 as
 2276  provided in s. 212.08(6). Purchases or leases of tangible
 2277  personal property that is incorporated into the high-speed rail
 2278  system as a component part thereof, as determined by the
 2279  enterprise, by agents of the enterprise or the owner of the
 2280  high-speed rail system are exempt from sales or use taxes
 2281  imposed by chapter 212. Leases, rentals, or licenses to use real
 2282  property granted to agents of the enterprise or the owner of the
 2283  high-speed rail system are exempt from taxes imposed by s.
 2284  212.031 if the real property becomes part of such system. The
 2285  exemptions granted in this subsection do not apply to sales,
 2286  leases, or licenses by the enterprise, agents of the enterprise
 2287  authority, or the owner of the high-speed rail system.
 2288         Reviser’s note.—Amended to conform to the replacement of the
 2289         Florida High-Speed Rail Authority with the Florida Rail
 2290         Enterprise by ch. 2009-271, Laws of Florida, and the repeal
 2291         by s. 12, ch. 2009-271, of s. 341.821, which created and
 2292         established the authority.
 2293         Section 53. Subsection (8) of section 343.805, Florida
 2294  Statutes, is amended to read:
 2295         343.805 Definitions.—As used in this part, the term:
 2296         (8) “State Board of Administration” means the body
 2297  corporate existing under the provisions of s. 4 9, Art. IV XII
 2298  of the State Constitution, or any successor thereto.
 2299  
 2300  Terms importing singular number include the plural number in
 2301  each case and vice versa, and terms importing persons include
 2302  firms and corporations.
 2303         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
 2304         of 1968 provides that the governor, chief financial
 2305         officer, and attorney general constitute the state board of
 2306         administration, as successor to the state board of
 2307         administration established pursuant to s. 16, Art. IX of
 2308         the Constitution of 1885.
 2309         Section 54. Paragraph (l) of subsection (1) of section
 2310  343.91, Florida Statutes, is amended to read:
 2311         343.91 Definitions.—
 2312         (1) As used in this part, the term:
 2313         (l) “State Board of Administration” means the body
 2314  corporate existing under the provisions of s. 4 9, Art. IV XII
 2315  of the State Constitution, or any successor thereto.
 2316         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
 2317         of 1968 provides that the governor, chief financial
 2318         officer, and attorney general constitute the state board of
 2319         administration, as successor to the state board of
 2320         administration established pursuant to s. 16, Art. IX of
 2321         the Constitution of 1885.
 2322         Section 55. Section 344.17, Florida Statutes, is amended to
 2323  read:
 2324         344.17 Depositories and investments.—All moneys received by
 2325  the Chief Financial Officer as treasurer of the State Board of
 2326  Administration, a body corporate under s. 4 9, Art. IV XII of
 2327  the State Constitution, shall be deposited by the treasurer in a
 2328  solvent bank or banks, to be approved and accepted for such
 2329  purposes by the board. In making such deposits, he or she shall
 2330  follow the method for the deposit of state funds. Each bank
 2331  receiving any portion of such funds shall be required to deposit
 2332  with such treasurer satisfactory bonds or treasury certificates
 2333  of the United States; bonds of the several states; special tax
 2334  school district bonds; bonds of any municipality eligible to
 2335  secure state deposits as provided by law; bonds of any county or
 2336  special road and bridge district of this state entitled to
 2337  participate under the provisions of s. 16, Art. IX of the State
 2338  Constitution of 1885, as adopted by the 1968 revised
 2339  constitution, and of s. 9, Art. XII of that revision; bonds
 2340  issued under the provisions of s. 18, Art. XII of the State
 2341  Constitution of 1885, as adopted by s. 9, Art. XII of the 1968
 2342  revised constitution; or bonds, notes, or certificates issued by
 2343  the Florida State Improvement Commission or its successors, the
 2344  Florida Development Commission and the Division of Bond Finance
 2345  of the State Board of Administration, which contain a pledge of
 2346  the 80-percent surplus 2-cent constitutional gasoline tax
 2347  accruing under s. 16, Art. IX of the State Constitution of 1885,
 2348  as adopted by the 1968 revised constitution, and under s. 9,
 2349  Art. XII of that revision, which shall be equal to the amount
 2350  deposited with such bank. Such security shall be in the
 2351  possession of such treasurer; or the treasurer is authorized to
 2352  accept, in lieu of the actual depositing with him or her of such
 2353  security, trust or safekeeping receipts issued by any Federal
 2354  Reserve Bank, or member bank thereof, or by any bank
 2355  incorporated under the laws of the United States; provided the
 2356  member bank or bank incorporated under the laws of the United
 2357  States has been previously approved and accepted for such
 2358  purposes by the State Board of Administration and the trust or
 2359  safekeeping receipts are in substantially the same form as that
 2360  which the Chief Financial Officer is authorized to accept in
 2361  lieu of securities given to cover deposits of state funds.
 2362         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
 2363         of 1968 provides that the governor, chief financial
 2364         officer, and attorney general constitute the state board of
 2365         administration, as successor to the state board of
 2366         administration established pursuant to s. 16, Art. IX of
 2367         the Constitution of 1885.
 2368         Section 56. Subsection (14) of section 348.752, Florida
 2369  Statutes, is amended to read:
 2370         348.752 Definitions.—The following terms, whenever used or
 2371  referred to in this law, shall have the following meanings,
 2372  except in those instances where the context clearly indicates
 2373  otherwise:
 2374         (14) The term “State Board of Administration” means the
 2375  body corporate existing under the provisions of s. 4 9, Art. IV
 2376  XII of the State Constitution, or any successor thereto.
 2377         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
 2378         of 1968 provides that the governor, chief financial
 2379         officer, and attorney general constitute the state board of
 2380         administration, as successor to the state board of
 2381         administration established pursuant to s. 16, Art. IX of
 2382         the Constitution of 1885.
 2383         Section 57. Paragraph (h) of subsection (1) of section
 2384  349.02, Florida Statutes, is amended to read:
 2385         349.02 Definitions.—
 2386         (1) Except in those instances where the context clearly
 2387  indicates otherwise, whenever used or referred to in this
 2388  chapter, the following terms shall have the following meanings:
 2389         (h) “State Board of Administration” means the body
 2390  corporate existing under the provisions of s. 4 9, Art. IV XII
 2391  of the State Constitution or any successor thereto.
 2392         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
 2393         of 1968 provides that the governor, chief financial
 2394         officer, and attorney general constitute the state board of
 2395         administration, as successor to the state board of
 2396         administration established pursuant to s. 16, Art. IX of
 2397         the Constitution of 1885.
 2398         Section 58. Subsection (5) of section 373.227, Florida
 2399  Statutes, is amended to read:
 2400         373.227 Water conservation; legislative findings;
 2401  legislative intent; objectives; comprehensive statewide water
 2402  conservation program requirements.—
 2403         (5) By December 1, 2005, the department shall submit a
 2404  written report to the President of the Senate, the Speaker of
 2405  the House of Representatives, and the appropriate substantive
 2406  committees of the Senate and the House of Representatives on the
 2407  progress made in implementing the comprehensive statewide water
 2408  conservation program for public water supply required by this
 2409  section. The report must include any statutory changes and
 2410  funding requests necessary for the continued development and
 2411  implementation of the program.
 2412         Reviser’s note.—Amended to delete an obsolete provision.
 2413         Section 59. Paragraph (a) of subsection (5) of section
 2414  373.250, Florida Statutes, is amended to read:
 2415         373.250 Reuse of reclaimed water.—
 2416         (5)(a) No later than October 1, 2012, the department shall
 2417  initiate rulemaking to adopt revisions to the water resource
 2418  implementation rule, as defined in s. 373.019(25) 373.019(23),
 2419  which shall include:
 2420         1. Criteria for the use of a proposed impact offset derived
 2421  from the use of reclaimed water when a water management district
 2422  evaluates an application for a consumptive use permit. As used
 2423  in this subparagraph, the term “impact offset” means the use of
 2424  reclaimed water to reduce or eliminate a harmful impact that has
 2425  occurred or would otherwise occur as a result of other surface
 2426  water or groundwater withdrawals.
 2427         2. Criteria for the use of substitution credits where a
 2428  water management district has adopted rules establishing
 2429  withdrawal limits from a specified water resource within a
 2430  defined geographic area. As used in this subparagraph, the term
 2431  “substitution credit” means the use of reclaimed water to
 2432  replace all or a portion of an existing permitted use of
 2433  resource-limited surface water or groundwater, allowing a
 2434  different user or use to initiate a withdrawal or increase its
 2435  withdrawal from the same resource-limited surface water or
 2436  groundwater source provided that the withdrawal creates no net
 2437  adverse impact on the limited water resource or creates a net
 2438  positive impact if required by water management district rule as
 2439  part of a strategy to protect or recover a water resource.
 2440         Reviser’s note.—Amended to conform to the redesignation of s.
 2441         373.019(23) as s. 373.019(25) by s. 1, ch. 2012-150, Laws
 2442         of Florida.
 2443         Section 60. Paragraph (d) of subsection (4) and paragraph
 2444  (a) of subsection (6) of section 373.536, Florida Statutes, are
 2445  amended to read:
 2446         373.536 District budget and hearing thereon.—
 2447         (4) BUDGET CONTROLS; FINANCIAL INFORMATION.—
 2448         (d) In the event of a disaster or of an emergency arising
 2449  to prevent or avert the same, the governing board is not be
 2450  limited by the budget but may expend funds available for the
 2451  disaster or emergency or as may be procured for such purpose. In
 2452  such an event, the governing board shall notify the Executive
 2453  Office of the Governor and the Legislative Budget Commission as
 2454  soon as practical, but within 30 days after the governing
 2455  board’s action.
 2456         (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN;
 2457  WATER RESOURCE DEVELOPMENT WORK PROGRAM.—
 2458         (a) Each district must, by the date specified for each
 2459  item, furnish copies of the following documents to the Governor,
 2460  the President of the Senate, the Speaker of the House of
 2461  Representatives, the chairs of all legislative committees and
 2462  subcommittees having substantive or fiscal jurisdiction over the
 2463  districts, as determined by the President of the Senate or the
 2464  Speaker of the House of Representatives as applicable, the
 2465  secretary of the department, and the governing board of each
 2466  county in which the district has jurisdiction or derives any
 2467  funds for the operations of the district:
 2468         1. The adopted budget, to be furnished within 10 days after
 2469  its adoption.
 2470         2. A financial audit of its accounts and records, to be
 2471  furnished within 10 days after its acceptance by the governing
 2472  board. The audit must be conducted in accordance with s. 11.45
 2473  and the rules adopted thereunder. In addition to the entities
 2474  named above, the district must provide a copy of the audit to
 2475  the Auditor General within 10 days after its acceptance by the
 2476  governing board.
 2477         3. A 5-year capital improvements plan, to be included in
 2478  the consolidated annual report required by s. 373.036(7). The
 2479  plan must include expected sources of revenue for planned
 2480  improvements and must be prepared in a manner comparable to the
 2481  fixed capital outlay format set forth in s. 216.043.
 2482         4. A 5-year water resource development work program to be
 2483  furnished within 30 days after the adoption of the final budget.
 2484  The program must describe the district’s implementation strategy
 2485  and funding plan for the water resource, water supply, and
 2486  alternative water supply development components of each approved
 2487  regional water supply plan developed or revised under s.
 2488  373.709. The work program must address all the elements of the
 2489  water resource development component in the district’s approved
 2490  regional water supply plans and must identify which projects in
 2491  the work program which will provide water; explain how each
 2492  water resource, water supply, and alternative water supply
 2493  development project will produce additional water available for
 2494  consumptive uses; estimate the quantity of water to be produced
 2495  by each project; and provide an assessment of the contribution
 2496  of the district’s regional water supply plans in providing
 2497  sufficient water needed to timely meet the water supply needs of
 2498  existing and future reasonable-beneficial uses for a 1-in-10
 2499  year drought event.
 2500         Reviser’s note.—Paragraph (4)(d) is amended to confirm deletion
 2501         by the editors of the word “be” following the word “not.”
 2502         Paragraph (6)(a) is amended to confirm deletion by the
 2503         editors of the word “which” following the word “identify.”
 2504         Section 61. Paragraph (a) of subsection (11) of section
 2505  376.3071, Florida Statutes, is amended to read:
 2506         376.3071 Inland Protection Trust Fund; creation; purposes;
 2507  funding.—
 2508         (11) SITE CLEANUP.—
 2509         (a) Voluntary cleanup.—This section shall does not prohibit
 2510  a person from conducting site rehabilitation either through his
 2511  or her own personnel or through responsible response action
 2512  contractors or subcontractors when such person is not seeking
 2513  site rehabilitation funding from the fund. Such voluntary
 2514  cleanups must meet all applicable environmental standards.
 2515         Reviser’s note.—Amended to confirm deletion by the editors of
 2516         the word “shall” preceding the word “does.”
 2517         Section 62. Subsections (2) and (3) of section 379.2433,
 2518  Florida Statutes, are amended to read:
 2519         379.2433 Enhanced manatee protection study.—
 2520         (2)(a) As part of the enhanced manatee protection study,
 2521  the Legislature intends that the commission shall contract with
 2522  Mote Marine Laboratory to conduct a manatee habitat and
 2523  submerged aquatic vegetation assessment that specifically
 2524  considers:
 2525         1. Manatee populations that congregate in the warm water
 2526  discharge sites at power plants in the state and the potential
 2527  risks for disease resulting from increased congregation of
 2528  manatees at these sites;
 2529         2. Development of research, monitoring, and submerged
 2530  aquatic vegetation restoration priorities for manatee habitat in
 2531  and near the warm water discharge sites at power plants in the
 2532  state; and
 2533         3. The potential impacts on manatees and manatee habitat if
 2534  power plants that provide warm water discharge sites where
 2535  manatees congregate are closed, including how closure will
 2536  affect the size and health of submerged aquatic vegetation
 2537  areas.
 2538         (b) The Mote Marine Laboratory must submit an interim
 2539  report on the manatee habitat and submerged aquatic vegetation
 2540  assessment to the Governor, the Legislature, and the commission
 2541  by September 1, 2006. The interim report must detail the
 2542  progress of the assessment. The final report, due to the
 2543  Governor, the Legislature, and the commission by January 1,
 2544  2007, must detail the results of the assessment and include
 2545  recommendations for protection of manatee habitat in warm water
 2546  discharge sites at power plants in the state.
 2547         (c) The commission shall ensure that funds allocated to
 2548  implement the manatee habitat and submerged aquatic vegetation
 2549  assessment are expended in a manner that is consistent with the
 2550  requirements of this subsection. The commission may require an
 2551  annual audit of the expenditures made by Mote Marine Laboratory.
 2552  Copies of any audit requested under this subsection must be
 2553  provided to the appropriate substantive and appropriations
 2554  committees of the Senate and the House of Representatives as
 2555  they become available.
 2556         (3) As part of the enhanced manatee protection study, the
 2557  Legislature intends that the commission must conduct a signage
 2558  and boat speed assessment to evaluate the effectiveness of
 2559  manatee protection signs and sign placement and to assess boat
 2560  speeds. The commission shall evaluate existing data on manatee
 2561  mortality before and after existing manatee protection zones
 2562  were established, boater compliance and comprehension of
 2563  regulatory signs and buoys, changes in boating traffic patterns,
 2564  and manatee distribution and behavior. The commission shall also
 2565  provide recommendations on innovative marker designs that are in
 2566  compliance with the federal aids to navigation system. The
 2567  signage and boat speed assessment must address:
 2568         (a) The effectiveness of signs and buoys to warn boaters of
 2569  manatee slow-speed zones, with a goal of developing federally
 2570  approved standards for marking manatee protection zones;
 2571         (b) A determination of where buoys may be used in place of
 2572  pilings for boating safety purposes; and
 2573         (c) An evaluation of higher speed travel corridors in
 2574  manatee zones to determine the most effective speed to balance
 2575  safe boating, recreational use, vessel operating
 2576  characteristics, and manatee protection.
 2577  
 2578  The commission shall complete its signage and boat speed
 2579  assessment by January 1, 2007, and must submit a report of its
 2580  findings to the Governor, the President of the Senate, and the
 2581  Speaker of the House of Representatives by February 1, 2007. The
 2582  report must detail the results of the assessment and identify
 2583  specific recommendations for developing state and local policies
 2584  relating to the appropriate placement of signs, including
 2585  innovative markers, in manatee slow-speed zones.
 2586         Reviser’s note.—Amended to delete obsolete provisions.
 2587         Section 63. Paragraph (b) of subsection (2) of section
 2588  379.3581, Florida Statutes, is amended to read:
 2589         379.3581 Hunter safety course; requirements; penalty.—
 2590         (2)
 2591         (b) A person born on or after June 1, 1975, who has not
 2592  successfully completed a hunter safety course may apply to the
 2593  commission for a special authorization to hunt under
 2594  supervision. The special authorization for supervised hunting
 2595  shall be designated on any license or permit required under this
 2596  chapter for a person to take game or fur-bearing animals. A
 2597  person issued a license with a special authorization to hunt
 2598  under supervision must hunt under the supervision of, and in the
 2599  presence of, a person 21 years of or age or older who is
 2600  licensed to hunt pursuant to s. 379.354 or who is exempt from
 2601  licensing requirements or eligible for a free license pursuant
 2602  to s. 379.353.
 2603         Reviser’s note.—Amended to confirm substitution of the word “of”
 2604         for the word “or” by the editors.
 2605         Section 64. Subsection (8) of section 380.0662, Florida
 2606  Statutes, is amended to read:
 2607         380.0662 Definitions.—As used in this act, unless the
 2608  context indicates a different meaning or intent:
 2609         (8) “State Board of Administration” means the State Board
 2610  of Administration created by and referred to in s. 4 9, Art. IV
 2611  XII of the State Constitution.
 2612         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
 2613         of 1968 provides that the governor, chief financial
 2614         officer, and attorney general constitute the state board of
 2615         administration, as successor to the state board of
 2616         administration established pursuant to s. 16, Art. IX of
 2617         the Constitution of 1885.
 2618         Section 65. Paragraph (h) of subsection (2) of section
 2619  381.004, Florida Statutes, is amended to read:
 2620         381.004 HIV testing.—
 2621         (2) HUMAN IMMUNODEFICIENCY VIRUS TESTING; INFORMED CONSENT;
 2622  RESULTS; COUNSELING; CONFIDENTIALITY.—
 2623         (h) Notwithstanding the provisions of paragraph (a),
 2624  informed consent is not required:
 2625         1. When testing for sexually transmissible diseases is
 2626  required by state or federal law, or by rule including the
 2627  following situations:
 2628         a. HIV testing pursuant to s. 796.08 of persons convicted
 2629  of prostitution or of procuring another to commit prostitution.
 2630         b. HIV testing of inmates pursuant to s. 945.355 prior to
 2631  their release from prison by reason of parole, accumulation of
 2632  gain-time credits, or expiration of sentence.
 2633         c. Testing for HIV by a medical examiner in accordance with
 2634  s. 406.11.
 2635         d. HIV testing of pregnant women pursuant to s. 384.31.
 2636         2. Those exceptions provided for blood, plasma, organs,
 2637  skin, semen, or other human tissue pursuant to s. 381.0041.
 2638         3. For the performance of an HIV-related test by licensed
 2639  medical personnel in bona fide medical emergencies when the test
 2640  results are necessary for medical diagnostic purposes to provide
 2641  appropriate emergency care or treatment to the person being
 2642  tested and the patient is unable to consent, as supported by
 2643  documentation in the medical record. Notification of test
 2644  results in accordance with paragraph (c) is required.
 2645         4. For the performance of an HIV-related test by licensed
 2646  medical personnel for medical diagnosis of acute illness where,
 2647  in the opinion of the attending physician, obtaining informed
 2648  consent would be detrimental to the patient, as supported by
 2649  documentation in the medical record, and the test results are
 2650  necessary for medical diagnostic purposes to provide appropriate
 2651  care or treatment to the person being tested. Notification of
 2652  test results in accordance with paragraph (c) is required if it
 2653  would not be detrimental to the patient. This subparagraph does
 2654  not authorize the routine testing of patients for HIV infection
 2655  without informed consent.
 2656         5. When HIV testing is performed as part of an autopsy for
 2657  which consent was obtained pursuant to s. 872.04.
 2658         6. For the performance of an HIV test upon a defendant
 2659  pursuant to the victim’s request in a prosecution for any type
 2660  of sexual battery where a blood sample is taken from the
 2661  defendant voluntarily, pursuant to court order for any purpose,
 2662  or pursuant to the provisions of s. 775.0877, s. 951.27, or s.
 2663  960.003; however, the results of any HIV test performed shall be
 2664  disclosed solely to the victim and the defendant, except as
 2665  provided in ss. 775.0877, 951.27, and 960.003.
 2666         7. When an HIV test is mandated by court order.
 2667         8. For epidemiological research pursuant to s. 381.0031
 2668  381.0032, for research consistent with institutional review
 2669  boards created by 45 C.F.R. part 46, or for the performance of
 2670  an HIV-related test for the purpose of research, if the testing
 2671  is performed in a manner by which the identity of the test
 2672  subject is not known and may not be retrieved by the researcher.
 2673         9. When human tissue is collected lawfully without the
 2674  consent of the donor for corneal removal as authorized by s.
 2675  765.5185 or enucleation of the eyes as authorized by s. 765.519.
 2676         10. For the performance of an HIV test upon an individual
 2677  who comes into contact with medical personnel in such a way that
 2678  a significant exposure has occurred during the course of
 2679  employment or within the scope of practice and where a blood
 2680  sample is available that was taken from that individual
 2681  voluntarily by medical personnel for other purposes. The term
 2682  “medical personnel” includes a licensed or certified health care
 2683  professional; an employee of a health care professional or
 2684  health care facility; employees of a laboratory licensed under
 2685  chapter 483; personnel of a blood bank or plasma center; a
 2686  medical student or other student who is receiving training as a
 2687  health care professional at a health care facility; and a
 2688  paramedic or emergency medical technician certified by the
 2689  department to perform life-support procedures under s. 401.23.
 2690         a. Prior to performance of an HIV test on a voluntarily
 2691  obtained blood sample, the individual from whom the blood was
 2692  obtained shall be requested to consent to the performance of the
 2693  test and to the release of the results. If consent cannot be
 2694  obtained within the time necessary to perform the HIV test and
 2695  begin prophylactic treatment of the exposed medical personnel,
 2696  all information concerning the performance of an HIV test and
 2697  any HIV test result shall be documented only in the medical
 2698  personnel’s record unless the individual gives written consent
 2699  to entering this information on the individual’s medical record.
 2700         b. Reasonable attempts to locate the individual and to
 2701  obtain consent shall be made, and all attempts must be
 2702  documented. If the individual cannot be found or is incapable of
 2703  providing consent, an HIV test may be conducted on the available
 2704  blood sample. If the individual does not voluntarily consent to
 2705  the performance of an HIV test, the individual shall be informed
 2706  that an HIV test will be performed, and counseling shall be
 2707  furnished as provided in this section. However, HIV testing
 2708  shall be conducted only after appropriate medical personnel
 2709  under the supervision of a licensed physician documents, in the
 2710  medical record of the medical personnel, that there has been a
 2711  significant exposure and that, in accordance with the written
 2712  protocols based on the National Centers for Disease Control and
 2713  Prevention guidelines on HIV postexposure prophylaxis and in the
 2714  physician’s medical judgment, the information is medically
 2715  necessary to determine the course of treatment for the medical
 2716  personnel.
 2717         c. Costs of any HIV test of a blood sample performed with
 2718  or without the consent of the individual, as provided in this
 2719  subparagraph, shall be borne by the medical personnel or the
 2720  employer of the medical personnel. However, costs of testing or
 2721  treatment not directly related to the initial HIV tests or costs
 2722  of subsequent testing or treatment may not be borne by the
 2723  medical personnel or the employer of the medical personnel.
 2724         d. In order to utilize the provisions of this subparagraph,
 2725  the medical personnel must either be tested for HIV pursuant to
 2726  this section or provide the results of an HIV test taken within
 2727  6 months prior to the significant exposure if such test results
 2728  are negative.
 2729         e. A person who receives the results of an HIV test
 2730  pursuant to this subparagraph shall maintain the confidentiality
 2731  of the information received and of the persons tested. Such
 2732  confidential information is exempt from s. 119.07(1).
 2733         f. If the source of the exposure will not voluntarily
 2734  submit to HIV testing and a blood sample is not available, the
 2735  medical personnel or the employer of such person acting on
 2736  behalf of the employee may seek a court order directing the
 2737  source of the exposure to submit to HIV testing. A sworn
 2738  statement by a physician licensed under chapter 458 or chapter
 2739  459 that a significant exposure has occurred and that, in the
 2740  physician’s medical judgment, testing is medically necessary to
 2741  determine the course of treatment constitutes probable cause for
 2742  the issuance of an order by the court. The results of the test
 2743  shall be released to the source of the exposure and to the
 2744  person who experienced the exposure.
 2745         11. For the performance of an HIV test upon an individual
 2746  who comes into contact with medical personnel in such a way that
 2747  a significant exposure has occurred during the course of
 2748  employment or within the scope of practice of the medical
 2749  personnel while the medical personnel provides emergency medical
 2750  treatment to the individual; or notwithstanding s. 384.287, an
 2751  individual who comes into contact with nonmedical personnel in
 2752  such a way that a significant exposure has occurred while the
 2753  nonmedical personnel provides emergency medical assistance
 2754  during a medical emergency. For the purposes of this
 2755  subparagraph, a medical emergency means an emergency medical
 2756  condition outside of a hospital or health care facility that
 2757  provides physician care. The test may be performed only during
 2758  the course of treatment for the medical emergency.
 2759         a. An individual who is capable of providing consent shall
 2760  be requested to consent to an HIV test prior to the testing. If
 2761  consent cannot be obtained within the time necessary to perform
 2762  the HIV test and begin prophylactic treatment of the exposed
 2763  medical personnel and nonmedical personnel, all information
 2764  concerning the performance of an HIV test and its result, shall
 2765  be documented only in the medical personnel’s or nonmedical
 2766  personnel’s record unless the individual gives written consent
 2767  to entering this information on the individual’s medical record.
 2768         b. HIV testing shall be conducted only after appropriate
 2769  medical personnel under the supervision of a licensed physician
 2770  documents, in the medical record of the medical personnel or
 2771  nonmedical personnel, that there has been a significant exposure
 2772  and that, in accordance with the written protocols based on the
 2773  National Centers for Disease Control and Prevention guidelines
 2774  on HIV postexposure prophylaxis and in the physician’s medical
 2775  judgment, the information is medically necessary to determine
 2776  the course of treatment for the medical personnel or nonmedical
 2777  personnel.
 2778         c. Costs of any HIV test performed with or without the
 2779  consent of the individual, as provided in this subparagraph,
 2780  shall be borne by the medical personnel or the employer of the
 2781  medical personnel or nonmedical personnel. However, costs of
 2782  testing or treatment not directly related to the initial HIV
 2783  tests or costs of subsequent testing or treatment may not be
 2784  borne by the medical personnel or the employer of the medical
 2785  personnel or nonmedical personnel.
 2786         d. In order to utilize the provisions of this subparagraph,
 2787  the medical personnel or nonmedical personnel shall be tested
 2788  for HIV pursuant to this section or shall provide the results of
 2789  an HIV test taken within 6 months prior to the significant
 2790  exposure if such test results are negative.
 2791         e. A person who receives the results of an HIV test
 2792  pursuant to this subparagraph shall maintain the confidentiality
 2793  of the information received and of the persons tested. Such
 2794  confidential information is exempt from s. 119.07(1).
 2795         f. If the source of the exposure will not voluntarily
 2796  submit to HIV testing and a blood sample was not obtained during
 2797  treatment for the medical emergency, the medical personnel, the
 2798  employer of the medical personnel acting on behalf of the
 2799  employee, or the nonmedical personnel may seek a court order
 2800  directing the source of the exposure to submit to HIV testing. A
 2801  sworn statement by a physician licensed under chapter 458 or
 2802  chapter 459 that a significant exposure has occurred and that,
 2803  in the physician’s medical judgment, testing is medically
 2804  necessary to determine the course of treatment constitutes
 2805  probable cause for the issuance of an order by the court. The
 2806  results of the test shall be released to the source of the
 2807  exposure and to the person who experienced the exposure.
 2808         12. For the performance of an HIV test by the medical
 2809  examiner or attending physician upon an individual who expired
 2810  or could not be resuscitated while receiving emergency medical
 2811  assistance or care and who was the source of a significant
 2812  exposure to medical or nonmedical personnel providing such
 2813  assistance or care.
 2814         a. HIV testing may be conducted only after appropriate
 2815  medical personnel under the supervision of a licensed physician
 2816  documents in the medical record of the medical personnel or
 2817  nonmedical personnel that there has been a significant exposure
 2818  and that, in accordance with the written protocols based on the
 2819  National Centers for Disease Control and Prevention guidelines
 2820  on HIV postexposure prophylaxis and in the physician’s medical
 2821  judgment, the information is medically necessary to determine
 2822  the course of treatment for the medical personnel or nonmedical
 2823  personnel.
 2824         b. Costs of any HIV test performed under this subparagraph
 2825  may not be charged to the deceased or to the family of the
 2826  deceased person.
 2827         c. For the provisions of this subparagraph to be
 2828  applicable, the medical personnel or nonmedical personnel must
 2829  be tested for HIV under this section or must provide the results
 2830  of an HIV test taken within 6 months before the significant
 2831  exposure if such test results are negative.
 2832         d. A person who receives the results of an HIV test
 2833  pursuant to this subparagraph shall comply with paragraph (e).
 2834         13. For the performance of an HIV-related test medically
 2835  indicated by licensed medical personnel for medical diagnosis of
 2836  a hospitalized infant as necessary to provide appropriate care
 2837  and treatment of the infant when, after a reasonable attempt, a
 2838  parent cannot be contacted to provide consent. The medical
 2839  records of the infant shall reflect the reason consent of the
 2840  parent was not initially obtained. Test results shall be
 2841  provided to the parent when the parent is located.
 2842         14. For the performance of HIV testing conducted to monitor
 2843  the clinical progress of a patient previously diagnosed to be
 2844  HIV positive.
 2845         15. For the performance of repeated HIV testing conducted
 2846  to monitor possible conversion from a significant exposure.
 2847         Reviser’s note.—Amended to conform to the repeal of s. 381.0032
 2848         by s. 17, ch. 2012-184, Laws of Florida. Language relating
 2849         to epidemiological research was added to s. 381.0031 by s.
 2850         15, ch. 2012-184.
 2851         Section 66. Paragraph (a) of subsection (7) of section
 2852  381.00593, Florida Statutes, is amended to read:
 2853         381.00593 Public school volunteer health care practitioner
 2854  program.—
 2855         (7)(a) The Department of Health shall have the
 2856  responsibility to supervise the program and perform periodic
 2857  program reviews as provided in s. 381.0056(3) 381.0056(4).
 2858         Reviser’s note.—Amended to conform to the redesignation of s.
 2859         381.0056(4) as s. 381.0056(3) by s. 27, ch. 2012-184, Laws
 2860         of Florida.
 2861         Section 67. Paragraph (w) of subsection (4) of section
 2862  381.0065, Florida Statutes, is amended to read:
 2863         381.0065 Onsite sewage treatment and disposal systems;
 2864  regulation.—
 2865         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
 2866  construct, repair, modify, abandon, or operate an onsite sewage
 2867  treatment and disposal system without first obtaining a permit
 2868  approved by the department. The department may issue permits to
 2869  carry out this section, but shall not make the issuance of such
 2870  permits contingent upon prior approval by the Department of
 2871  Environmental Protection, except that the issuance of a permit
 2872  for work seaward of the coastal construction control line
 2873  established under s. 161.053 shall be contingent upon receipt of
 2874  any required coastal construction control line permit from the
 2875  Department of Environmental Protection. A construction permit is
 2876  valid for 18 months from the issuance date and may be extended
 2877  by the department for one 90-day period under rules adopted by
 2878  the department. A repair permit is valid for 90 days from the
 2879  date of issuance. An operating permit must be obtained prior to
 2880  the use of any aerobic treatment unit or if the establishment
 2881  generates commercial waste. Buildings or establishments that use
 2882  an aerobic treatment unit or generate commercial waste shall be
 2883  inspected by the department at least annually to assure
 2884  compliance with the terms of the operating permit. The operating
 2885  permit for a commercial wastewater system is valid for 1 year
 2886  from the date of issuance and must be renewed annually. The
 2887  operating permit for an aerobic treatment unit is valid for 2
 2888  years from the date of issuance and must be renewed every 2
 2889  years. If all information pertaining to the siting, location,
 2890  and installation conditions or repair of an onsite sewage
 2891  treatment and disposal system remains the same, a construction
 2892  or repair permit for the onsite sewage treatment and disposal
 2893  system may be transferred to another person, if the transferee
 2894  files, within 60 days after the transfer of ownership, an
 2895  amended application providing all corrected information and
 2896  proof of ownership of the property. There is no fee associated
 2897  with the processing of this supplemental information. A person
 2898  may not contract to construct, modify, alter, repair, service,
 2899  abandon, or maintain any portion of an onsite sewage treatment
 2900  and disposal system without being registered under part III of
 2901  chapter 489. A property owner who personally performs
 2902  construction, maintenance, or repairs to a system serving his or
 2903  her own owner-occupied single-family residence is exempt from
 2904  registration requirements for performing such construction,
 2905  maintenance, or repairs on that residence, but is subject to all
 2906  permitting requirements. A municipality or political subdivision
 2907  of the state may not issue a building or plumbing permit for any
 2908  building that requires the use of an onsite sewage treatment and
 2909  disposal system unless the owner or builder has received a
 2910  construction permit for such system from the department. A
 2911  building or structure may not be occupied and a municipality,
 2912  political subdivision, or any state or federal agency may not
 2913  authorize occupancy until the department approves the final
 2914  installation of the onsite sewage treatment and disposal system.
 2915  A municipality or political subdivision of the state may not
 2916  approve any change in occupancy or tenancy of a building that
 2917  uses an onsite sewage treatment and disposal system until the
 2918  department has reviewed the use of the system with the proposed
 2919  change, approved the change, and amended the operating permit.
 2920         (w) Any permit issued and approved by the department for
 2921  the installation, modification, or repair of an onsite sewage
 2922  treatment and disposal system shall transfer with the title to
 2923  the property in a real estate transaction. A title may not be
 2924  encumbered at the time of transfer by new permit requirements by
 2925  a governmental entity for an onsite sewage treatment and
 2926  disposal system which differ from the permitting requirements in
 2927  effect at the time the system was permitted, modified, or
 2928  repaired. An inspection of a system may not be mandated by a
 2929  governmental entity at the point of sale in a real estate
 2930  transaction. This paragraph does not affect a septic tank phase
 2931  out deferral program implemented by a consolidated government as
 2932  defined in s. 9, Art. VIII of the State Constitution (1885).
 2933         Reviser’s note.—Amended to conform to the fact that s. 9, Art.
 2934         VIII of the State Constitution of 1885 relates to
 2935         Jacksonville’s consolidated government; the 1968
 2936         Constitution does not contain a s. 9, Art. VIII.
 2937         Section 68. Paragraph (a) of subsection (3) of section
 2938  381.0101, Florida Statutes, is amended to read:
 2939         381.0101 Environmental health professionals.—
 2940         (3) ENVIRONMENTAL HEALTH PROFESSIONALS ADVISORY BOARD.—The
 2941  State Health Officer shall appoint an advisory board to assist
 2942  the department in the promulgation of rules for certification,
 2943  testing, establishing standards, and seeking enforcement actions
 2944  against certified professionals.
 2945         (a) The board shall be comprised of the State Surgeon
 2946  General or his or her designee, one individual who will be
 2947  certified under this section, one individual not employed in a
 2948  governmental capacity who will or does employ a certified
 2949  environmental health professional, one individual whose business
 2950  is or will be evaluated by a certified environmental health
 2951  professional, and a citizen of the state who neither employs nor
 2952  is routinely evaluated by a person certified under this section.
 2953         Reviser’s note.—Amended to confirm insertion of the word “and”
 2954         by the editors to improve clarity.
 2955         Section 69. Subsection (2) of section 391.026, Florida
 2956  Statutes, is amended to read:
 2957         391.026 Powers and duties of the department.—The department
 2958  shall have the following powers, duties, and responsibilities:
 2959         (2) To provide services to abused and neglected children
 2960  through child protection protective teams pursuant to s. 39.303.
 2961         Reviser’s note.—Amended to confirm substitution of the word
 2962         “protection” for the word “protective” by the editors to
 2963         conform to s. 39.303, which relates to child protection
 2964         teams.
 2965         Section 70. Paragraph (b) of subsection (2) of section
 2966  400.172, Florida Statutes, is amended to read:
 2967         400.172 Respite care provided in nursing home facilities.—
 2968         (2) A person admitted under the respite care program shall:
 2969         (b) Be covered by the residents’ rights specified in s.
 2970  400.022(1)(a)-(o) and (r)-(t). Funds or property of the resident
 2971  are not to be considered trust funds subject to the requirements
 2972  of s. 400.022(1)(h) until the resident has been in the facility
 2973  for more than 14 consecutive days.
 2974         Reviser’s note.—Amended to confirm insertion of the word “to” by
 2975         the editors.
 2976         Section 71. Subsection (1) of section 400.915, Florida
 2977  Statutes, is amended to read:
 2978         400.915 Construction and renovation; requirements.—The
 2979  requirements for the construction or renovation of a PPEC center
 2980  shall comply with:
 2981         (1) The provisions of chapter 553, which pertain to
 2982  building construction standards, including plumbing, electrical
 2983  code, glass, manufactured buildings, and accessibility for the
 2984  physically disabled;
 2985         Reviser’s note.—Amended to insert the word “and” to improve
 2986         clarity.
 2987         Section 72. Paragraph (b) of subsection (4) of section
 2988  400.9905, Florida Statutes, is amended to read:
 2989         400.9905 Definitions.—
 2990         (4) “Clinic” means an entity where health care services are
 2991  provided to individuals and which tenders charges for
 2992  reimbursement for such services, including a mobile clinic and a
 2993  portable equipment provider. As used in this part, the term does
 2994  not include and the licensure requirements of this part do not
 2995  apply to:
 2996         (b) Entities that own, directly or indirectly, entities
 2997  licensed or registered by the state pursuant to chapter 395;
 2998  entities that own, directly or indirectly, entities licensed or
 2999  registered by the state and providing only health care services
 3000  within the scope of services authorized pursuant to their
 3001  respective licenses under ss. 383.30-383.335, chapter 390,
 3002  chapter 394, chapter 397, this chapter except part X, chapter
 3003  429, chapter 463, chapter 465, chapter 466, chapter 478, part I
 3004  of chapter 483, chapter 484, or chapter 651; end-stage renal
 3005  disease providers authorized under 42 C.F.R. part 405, subpart
 3006  U; providers certified under 42 C.F.R. part 485, subpart B or
 3007  subpart H; or any entity that provides neonatal or pediatric
 3008  hospital-based health care services by licensed practitioners
 3009  solely within a hospital licensed under chapter 395.
 3010  
 3011  Notwithstanding this subsection, an entity shall be deemed a
 3012  clinic and must be licensed under this part in order to receive
 3013  reimbursement under the Florida Motor Vehicle No-Fault Law, ss.
 3014  627.730-627.7405, unless exempted under s. 627.736(5)(h).
 3015         Reviser’s note.—Amended to confirm insertion of the word “or” by
 3016         the editors.
 3017         Section 73. Paragraph (h) of subsection (9) of section
 3018  403.086, Florida Statutes, is amended to read:
 3019         403.086 Sewage disposal facilities; advanced and secondary
 3020  waste treatment.—
 3021         (9) The Legislature finds that the discharge of domestic
 3022  wastewater through ocean outfalls wastes valuable water supplies
 3023  that should be reclaimed for beneficial purposes to meet public
 3024  and natural systems demands. The Legislature also finds that
 3025  discharge of domestic wastewater through ocean outfalls
 3026  compromises the coastal environment, quality of life, and local
 3027  economies that depend on those resources. The Legislature
 3028  declares that more stringent treatment and management
 3029  requirements for such domestic wastewater and the subsequent,
 3030  timely elimination of ocean outfalls as a primary means of
 3031  domestic wastewater discharge are in the public interest.
 3032         (h) By February 1, 2012, the department shall submit a
 3033  report to the Governor and Legislature detailing the results and
 3034  recommendations from phases 1 through 3 of its ongoing study on
 3035  reclaimed water use.
 3036         Reviser’s note.—Amended to delete an obsolete provision.
 3037         Section 74. Subsection (3) of section 403.511, Florida
 3038  Statutes, is amended to read:
 3039         403.511 Effect of certification.—
 3040         (3) The certification and any order on land use and zoning
 3041  issued under this act shall be in lieu of any license, permit,
 3042  certificate, or similar document required by any state,
 3043  regional, or local agency pursuant to, but not limited to,
 3044  chapter 125, chapter 161, chapter 163, chapter 166, chapter 186,
 3045  chapter 253, chapter 298, chapter 373, chapter 376, chapter 379,
 3046  chapter 380, chapter 381, chapter 387, chapter 403, except for
 3047  permits issued pursuant to any federally delegated or approved
 3048  permit program and except as provided in chapter 404 or the
 3049  Florida Transportation Code, or 33 U.S.C. s. 1341.
 3050         Reviser’s note.—Amended to delete a reference to chapter 387,
 3051         which was repealed by s. 125, ch. 97-237, Laws of Florida.
 3052         Section 75. Subsection (3) of section 403.9416, Florida
 3053  Statutes, is amended to read:
 3054         403.9416 Effect of certification.—
 3055         (3) The certification shall be in lieu of any license,
 3056  permit, certificate, or similar document required by any agency
 3057  pursuant to, but not limited to, chapter 125, chapter 161,
 3058  chapter 163, chapter 166, chapter 186, chapter 253, chapter 258,
 3059  chapter 298, chapter 373, chapter 376, chapter 377, chapter 379,
 3060  chapter 380, chapter 381, chapter 387, chapter 403, the Florida
 3061  Transportation Code, or 33 U.S.C. s. 1341. On certification, any
 3062  license, easement, or other interest in state lands, except
 3063  those the title to which is vested in the Board of Trustees of
 3064  the Internal Improvement Trust Fund or a water management
 3065  district created pursuant to chapter 373, shall be issued by the
 3066  appropriate agency as a ministerial act. The applicant shall be
 3067  required to seek any necessary interest in state lands the title
 3068  to which is vested in the Board of Trustees of the Internal
 3069  Improvement Trust Fund from the board of trustees or from the
 3070  governing board of the water management district before, during,
 3071  or after the certification proceeding, and certification may be
 3072  made contingent upon issuance of the appropriate interest in
 3073  realty. However, neither the applicant nor any party to the
 3074  certification proceeding may directly or indirectly raise or
 3075  relitigate any matter which was or could have been an issue in
 3076  the certification proceeding in any proceeding before the Board
 3077  of Trustees of the Internal Improvement Trust Fund wherein the
 3078  applicant is seeking a necessary interest in state lands, but
 3079  the information presented in the certification proceeding shall
 3080  be available for review by the board of trustees and its staff.
 3081         Reviser’s note.—Amended to delete a reference to chapter 387,
 3082         which was repealed by s. 125, ch. 97-237, Laws of Florida.
 3083         Section 76. Paragraph (a) of subsection (1) of section
 3084  414.295, Florida Statutes, is amended to read:
 3085         414.295 Temporary cash assistance programs; public records
 3086  exemption.—
 3087         (1) Personal identifying information of a temporary cash
 3088  assistance program participant, a participant’s family, or a
 3089  participant’s family or household member, except for information
 3090  identifying a parent who does not live in the same home as the
 3091  child, held by the department, the Office of Early Learning,
 3092  Workforce Florida, Inc., the Department of Health, the
 3093  Department of Revenue, the Department of Education, or a
 3094  regional workforce board or local committee created pursuant to
 3095  s. 445.007 is confidential and exempt from s. 119.07(1) and s.
 3096  24(a), Art. I of the State Constitution. Such confidential and
 3097  exempt information may be released for purposes directly
 3098  connected with:
 3099         (a) The administration of the temporary assistance for
 3100  needy families plan under Title IV-A of the Social Security Act,
 3101  as amended, by the department, the Office Division of Early
 3102  Learning, Workforce Florida, Inc., the Department of Military
 3103  Affairs, the Department of Health, the Department of Revenue,
 3104  the Department of Education, a regional workforce board or local
 3105  committee created pursuant to s. 445.007, or a school district.
 3106         Reviser’s note.—Amended to confirm substitution of the word
 3107         “Office” for the word “Division” by the editors to conform
 3108         to the correct name of the office.
 3109         Section 77. Subsection (40) of section 420.503, Florida
 3110  Statutes, is amended to read:
 3111         420.503 Definitions.—As used in this part, the term:
 3112         (40) “State Board of Administration” means the State Board
 3113  of Administration created by and referred to in s. 4 9, Art. IV
 3114  XII of the State Constitution.
 3115         Reviser’s note.—Section 4(e), Art. IV of the State Constitution
 3116         of 1968 provides that the governor, chief financial
 3117         officer, and attorney general constitute the state board of
 3118         administration, as successor to the state board of
 3119         administration established pursuant to s. 16, Art. IX of
 3120         the Constitution of 1885.
 3121         Section 78. Paragraph (a) of subsection (10) of section
 3122  420.5087, Florida Statutes, is amended to read:
 3123         420.5087 State Apartment Incentive Loan Program.—There is
 3124  hereby created the State Apartment Incentive Loan Program for
 3125  the purpose of providing first, second, or other subordinated
 3126  mortgage loans or loan guarantees to sponsors, including for
 3127  profit, nonprofit, and public entities, to provide housing
 3128  affordable to very-low-income persons.
 3129         (10) Funding under this subsection shall be to preserve
 3130  existing projects having financing guaranteed under the Florida
 3131  Affordable Housing Guarantee Program pursuant to s. 420.5092.
 3132         (a) A project shall be given priority for funding if:
 3133         1. It was approved by the corporation board in calendar
 3134  year 2011 to provide additional units for extremely-low-income
 3135  persons as defined in s. 420.0004;
 3136         2. The Florida Affordable Housing Guarantee Program
 3137  mortgage note was executed and recorded not later than September
 3138  30, 2003;
 3139         3. It commits to provide additional units for extremely
 3140  low-income persons; and
 3141         4. The shareholders, members, or partners of the project
 3142  owner have funded deficits in an amount that is not less than 20
 3143  percent of the State Apartment Incentive Loan not later than
 3144  closing of any financing made under this subsection.
 3145         Reviser’s note.—Amended to confirm insertion of the words
 3146         “Florida Affordable Housing” by the editors to conform to
 3147         the full name of the program.
 3148         Section 79. Paragraph (b) of subsection (6) of section
 3149  430.205, Florida Statutes, is amended to read:
 3150         430.205 Community care service system.—
 3151         (6) Notwithstanding other requirements of this chapter, the
 3152  Department of Elderly Affairs and the Agency for Health Care
 3153  Administration shall develop an integrated long-term-care
 3154  delivery system.
 3155         (b) During the 2004-2005 state fiscal year:
 3156         1. The agency and the department shall reimburse providers
 3157  for case management services on a capitated basis and develop
 3158  uniform standards for case management within the Aged and
 3159  Disabled Adult Medicaid waiver program. The coordination of
 3160  acute and chronic medical services for individuals may be
 3161  included in the capitated rate for case management services. The
 3162  agency, in consultation with the department, shall adopt any
 3163  rules necessary to comply with or administer these requirements.
 3164         2. The Legislature finds that preservation of the historic
 3165  aging network of lead agencies is essential to the well-being of
 3166  Florida’s elderly population. The Legislature finds that the
 3167  Florida aging network constitutes a system of essential
 3168  community providers which should be nurtured and assisted to
 3169  develop systems of operations which allow the gradual assumption
 3170  of responsibility and financial risk for managing a client
 3171  through the entire continuum of long-term care services within
 3172  the area the lead agency is currently serving, and which allow
 3173  lead agency providers to develop managed systems of service
 3174  delivery. The department, in consultation with the agency, shall
 3175  therefore:
 3176         a. Develop a demonstration project in which existing
 3177  community care for the elderly lead agencies are assisted in
 3178  transferring their business model and the service delivery
 3179  system within their current community care service area to
 3180  enable assumption, over a period of time, of full risk as a
 3181  community diversion pilot project contractor providing long-term
 3182  care services in the areas of operation. The department, in
 3183  consultation with the agency and the Department of Children and
 3184  Family Services, shall develop an implementation plan for no
 3185  more than three lead agencies by October 31, 2004.
 3186         b. In the demonstration area, a community care for the
 3187  elderly lead agency shall be initially reimbursed on a prepaid
 3188  or fixed-sum basis for all home and community-based services
 3189  provided under the long-term care community diversion pilot
 3190  project. By the end of the third year of operation, the lead
 3191  agency shall be reimbursed on a prepaid or fixed-sum basis for
 3192  all services under the long-term care community diversion pilot
 3193  project.
 3194         c. During the first year of operation, the department, in
 3195  consultation with the agency, may place providers at risk to
 3196  provide nursing home services for the enrolled individuals who
 3197  are participating in the demonstration project. During the 3
 3198  year development period, the agency and the department may limit
 3199  the level of custodial nursing home risk that the administering
 3200  entities assume. Under risk-sharing arrangements, during the
 3201  first 3 years of operation, the department, in consultation with
 3202  the agency, may reimburse the administering entity for the cost
 3203  of providing nursing home care for Medicaid-eligible
 3204  participants who have been permanently placed and remain in a
 3205  nursing home for more than 1 year, or may disenroll such
 3206  participants from the demonstration project.
 3207         d. The agency, in consultation with the department, shall
 3208  develop reimbursement rates based on the federally approved,
 3209  actuarially certified rate methodology for the long-term care
 3210  community diversion pilot project.
 3211         e. The department, in consultation with the agency, shall
 3212  ensure that the entity or entities receiving prepaid or fixed
 3213  sum reimbursement are assisted in developing internal management
 3214  and financial control systems necessary to manage the risk
 3215  associated with providing services under a prepaid or fixed-sum
 3216  rate system.
 3217         f. If the department and the agency share risk of custodial
 3218  nursing home placement, payment rates during the first 3 years
 3219  of operation shall be set at not more than 100 percent of the
 3220  costs to the agency and the department of providing equivalent
 3221  services to the population within the area of the pilot project
 3222  for the year prior to the year in which the pilot project is
 3223  implemented, adjusted forward to account for inflation and
 3224  policy changes in the Medicaid program.
 3225         g. Community care for the elderly lead agencies that have
 3226  operated for a period of at least 20 years, which provide
 3227  Medicare-certified services to elders, and which have developed
 3228  a system of service provision by health care volunteers shall be
 3229  given priority in the selection of the pilot project if they
 3230  meet the minimum requirements specified in the competitive
 3231  procurement.
 3232         h. The agency and the department shall adopt rules
 3233  necessary to comply with or administer these requirements,
 3234  effect and implement interagency agreements between the agency
 3235  and the department, and comply with federal requirements.
 3236         i. The department and the agency shall seek federal waivers
 3237  necessary to implement the requirements of this section.
 3238         j. The Department of Elderly Affairs shall conduct or
 3239  contract for an evaluation of the demonstration project. The
 3240  department shall submit the evaluation to the Governor and the
 3241  Legislature by January 1, 2007. The evaluation must address the
 3242  effectiveness of the pilot project in providing a comprehensive
 3243  system of appropriate and high-quality, long-term care services
 3244  to elders in the least restrictive setting and make
 3245  recommendations on expanding the project to other parts of the
 3246  state. This subparagraph is subject to an appropriation by the
 3247  Legislature.
 3248         3. The agency, in consultation with the department, shall
 3249  work with the fiscal agent for the Medicaid program to develop a
 3250  service utilization reporting system that operates through the
 3251  fiscal agent for the capitated plans.
 3252         Reviser’s note.—Amended to delete obsolete provisions.
 3253         Section 80. Paragraph (g) of subsection (3) of section
 3254  430.80, Florida Statutes, is amended to read:
 3255         430.80 Implementation of a teaching nursing home pilot
 3256  project.—
 3257         (3) To be designated as a teaching nursing home, a nursing
 3258  home licensee must, at a minimum:
 3259         (g) Maintain insurance coverage pursuant to s. 400.141
 3260  (1)(q) 400.141(1)(s) or proof of financial responsibility in a
 3261  minimum amount of $750,000. Such proof of financial
 3262  responsibility may include:
 3263         1. Maintaining an escrow account consisting of cash or
 3264  assets eligible for deposit in accordance with s. 625.52; or
 3265         2. Obtaining and maintaining pursuant to chapter 675 an
 3266  unexpired, irrevocable, nontransferable and nonassignable letter
 3267  of credit issued by any bank or savings association organized
 3268  and existing under the laws of this state or any bank or savings
 3269  association organized under the laws of the United States that
 3270  has its principal place of business in this state or has a
 3271  branch office which is authorized to receive deposits in this
 3272  state. The letter of credit shall be used to satisfy the
 3273  obligation of the facility to the claimant upon presentment of a
 3274  final judgment indicating liability and awarding damages to be
 3275  paid by the facility or upon presentment of a settlement
 3276  agreement signed by all parties to the agreement when such final
 3277  judgment or settlement is a result of a liability claim against
 3278  the facility.
 3279         Reviser’s note.—Amended to conform to the redesignation of s.
 3280         400.141(1)(s) as s. 400.141(1)(q) by s. 6, ch. 2012-160,
 3281         Laws of Florida.
 3282         Section 81. Paragraph (h) of subsection (2) of section
 3283  430.81, Florida Statutes, is amended to read:
 3284         430.81 Implementation of a teaching agency for home and
 3285  community-based care.—
 3286         (2) The Department of Elderly Affairs may designate a home
 3287  health agency as a teaching agency for home and community-based
 3288  care if the home health agency:
 3289         (h) Maintains insurance coverage pursuant to s.
 3290  400.141(1)(q) 400.141(1)(s) or proof of financial responsibility
 3291  in a minimum amount of $750,000. Such proof of financial
 3292  responsibility may include:
 3293         1. Maintaining an escrow account consisting of cash or
 3294  assets eligible for deposit in accordance with s. 625.52; or
 3295         2. Obtaining and maintaining, pursuant to chapter 675, an
 3296  unexpired, irrevocable, nontransferable, and nonassignable
 3297  letter of credit issued by any bank or savings association
 3298  authorized to do business in this state. This letter of credit
 3299  shall be used to satisfy the obligation of the agency to the
 3300  claimant upon presentation of a final judgment indicating
 3301  liability and awarding damages to be paid by the facility or
 3302  upon presentment of a settlement agreement signed by all parties
 3303  to the agreement when such final judgment or settlement is a
 3304  result of a liability claim against the agency.
 3305         Reviser’s note.—Amended to conform to the redesignation of s.
 3306         400.141(1)(s) as s. 400.141(1)(q) by s. 6, ch. 2012-160,
 3307         Laws of Florida.
 3308         Section 82. Paragraph (c) of subsection (1) of section
 3309  443.091, Florida Statutes, is amended to read:
 3310         443.091 Benefit eligibility conditions.—
 3311         (1) An unemployed individual is eligible to receive
 3312  benefits for any week only if the Department of Economic
 3313  Opportunity finds that:
 3314         (c) To make continued claims for benefits, she or he is
 3315  reporting to the department in accordance with this paragraph
 3316  and department rules, and participating in an initial skills
 3317  review, as directed by the department. Department rules may not
 3318  conflict with s. 443.111(1)(b), which requires that each
 3319  claimant continue to report regardless of any pending appeal
 3320  relating to her or his eligibility or disqualification for
 3321  benefits.
 3322         1. For each week of unemployment claimed, each report must,
 3323  at a minimum, include the name, address, and telephone number of
 3324  each prospective employer contacted, or the date the claimant
 3325  reported to a one-stop career center, pursuant to paragraph (d).
 3326         2. The administrator or operator of the initial skills
 3327  review shall notify the department when the individual completes
 3328  the initial skills review and report the results of the review
 3329  to the regional workforce board or the one-stop career center as
 3330  directed by the workforce board. The department shall prescribe
 3331  a numeric score on the initial skills review that demonstrates a
 3332  minimal proficiency in workforce skills. The department,
 3333  workforce board, or one-stop career center shall use the initial
 3334  skills review to develop a plan for referring individuals to
 3335  training and employment opportunities. The failure of the
 3336  individual to comply with this requirement will result in the
 3337  individual being determined ineligible for benefits for the week
 3338  in which the noncompliance occurred and for any subsequent week
 3339  of unemployment until the requirement is satisfied. However,
 3340  this requirement does not apply if the individual is able to
 3341  affirmatively attest to being unable to complete such review due
 3342  to illiteracy or a language impediment or is exempt from the
 3343  work registration requirement as set forth in paragraph (b).
 3344         3. Any individual who that falls below the minimal
 3345  proficiency score prescribed by the department in subparagraph
 3346  2. on the initial skills review shall be offered training
 3347  opportunities and encouraged to participate in such training at
 3348  no cost to the individual in order to improve his or her
 3349  workforce skills to the minimal proficiency level.
 3350         4. The department shall coordinate with Workforce Florida,
 3351  Inc., the workforce boards, and the one-stop career centers to
 3352  identify, develop, and utilize best practices for improving the
 3353  skills of individuals who choose to participate in training
 3354  opportunities and who have a minimal proficiency score below the
 3355  score prescribed in subparagraph 2.
 3356         5. The department, in coordination with Workforce Florida,
 3357  Inc., the workforce boards, and the one-stop career centers,
 3358  shall evaluate the use, effectiveness, and costs associated with
 3359  the training prescribed in subparagraph 3. and report its
 3360  findings and recommendations for training and the use of best
 3361  practices to the Governor, the President of the Senate, and the
 3362  Speaker of the House of Representatives by January 1, 2013.
 3363         Reviser’s note.—Amended to confirm substitution of the word
 3364         “who” for the word “that” by the editors.
 3365         Section 83. Paragraph (b) of subsection (1) of section
 3366  443.111, Florida Statutes, is amended to read:
 3367         443.111 Payment of benefits.—
 3368         (1) MANNER OF PAYMENT.—Benefits are payable from the fund
 3369  in accordance with rules adopted by the Department of Economic
 3370  Opportunity, subject to the following requirements:
 3371         (b) As required under s. 443.091(1), each claimant must
 3372  report at least biweekly to receive reemployment assistance
 3373  benefits and to attest to the fact that she or he is able and
 3374  available for work, has not refused suitable work, is seeking
 3375  work and has met the requirements of s. 443.091(1)(d)
 3376  443.091(d), and, if she or he has worked, to report earnings
 3377  from that work. Each claimant must continue to report regardless
 3378  of any appeal or pending appeal relating to her or his
 3379  eligibility or disqualification for benefits.
 3380         Reviser’s note.—Amended to confirm substitution by the editors
 3381         of a reference to s. 443.091(1)(d) for a reference to s.
 3382         443.091(d) to conform to the complete citation for the
 3383         paragraph.
 3384         Section 84. Subsection (10) of section 443.171, Florida
 3385  Statutes, is amended to read:
 3386         443.171 Department of Economic Opportunity and commission;
 3387  powers and duties; records and reports; proceedings; state
 3388  federal cooperation.—
 3389         (10) EVIDENCE OF MAILING.—A mailing date on any notice,
 3390  determination, decision, order, or other document mailed by the
 3391  department Agency for Workforce Innovation or its tax collection
 3392  service provider pursuant to this chapter creates a rebuttable
 3393  presumption that such notice, determination, order, or other
 3394  document was mailed on the date indicated.
 3395         Reviser’s note.—Amended to confirm substitution by the editors
 3396         of a reference to the department for a reference to the
 3397         Agency for Workforce Innovation to conform to the transfer
 3398         of the duties of the Agency for Workforce Innovation
 3399         relating to s. 443.171 to the Department of Economic
 3400         Opportunity by s. 374, ch. 2011-142, Laws of Florida.
 3401         Section 85. Paragraph (c) of subsection (2) of section
 3402  466.007, Florida Statutes, is amended to read:
 3403         466.007 Examination of dental hygienists.—
 3404         (2) An applicant is entitled to take the examinations
 3405  required in this section to practice dental hygiene in this
 3406  state if the applicant:
 3407         (c)1. In the case of a graduate of a dental hygiene college
 3408  or school under subparagraph (2)(b)1.:
 3409         a. Has successfully completed the National Board of Dental
 3410  Hygiene examination at any time before the date of application;
 3411         b. Has been certified by the American Dental Association
 3412  Joint Commission on National Dental Examinations at any time
 3413  before the date of application;
 3414         c. Effective January 1, 1997, has completed coursework that
 3415  is comparable to an associate in science degree;
 3416         d. Has not been disciplined by a board, except for citation
 3417  offenses or minor violations; and
 3418         e. Has not been convicted of or pled nolo contendere to,
 3419  regardless of adjudication, any felony or misdemeanor related to
 3420  the practice of a health care profession.
 3421         2. In the case of a graduate of a dental college or school
 3422  under subparagraph (2)(b)2.:
 3423         a. Has successfully completed the National Board Dental
 3424  Hygiene Examination or the National Board Dental Examination;
 3425         b. Has not been disciplined by a board, except for citation
 3426  offenses or minor violations; and
 3427         c. Has not been convicted of or pled nolo contendere to,
 3428  regardless of adjudication, any felony or misdemeanor related to
 3429  the practice of a health care profession.
 3430         Reviser’s note.—Amended to confirm insertion of the word “Has”
 3431         by the editors.
 3432         Section 86. Subsection (1) of section 475.6235, Florida
 3433  Statutes, is amended to read:
 3434         475.6235 Registration of appraisal management companies
 3435  required; exemptions.—
 3436         (1) A person may not engage, or offer to engage, in
 3437  appraisal management services for compensation in this state, or
 3438  advertise or represent herself or himself as an appraisal
 3439  management company, unless the person is registered with the
 3440  department as an appraisal management company under this
 3441  section. However, an employee of an appraisal management company
 3442  is not required to obtain a separate registration.
 3443         Reviser’s note.—Amended to confirm insertion of the word “or” by
 3444         the editors.
 3445         Section 87. Subsection (1) of section 489.118, Florida
 3446  Statutes, is amended to read:
 3447         489.118 Certification of registered contractors;
 3448  grandfathering provisions.—The board shall, upon receipt of a
 3449  completed application and appropriate fee, issue a certificate
 3450  in the appropriate category to any contractor registered under
 3451  this part who makes application to the board and can show that
 3452  he or she meets each of the following requirements:
 3453         (1) Currently holds a valid registered local license in one
 3454  of the contractor categories defined in s. 489.105(3)(a)-(p)
 3455  489.105(a)-(q).
 3456  
 3457  Applicants wishing to obtain a certificate pursuant to this
 3458  section must make application by November 1, 2015.
 3459         Reviser’s note.—Amended to confirm substitution by the editors
 3460         of a reference to s. 489.105(3)(a)-(p) for a reference to
 3461         s. 489.105(3)(a)-(q), which was substituted for the
 3462         original reference to s. 489.105(3)(a)-(p) by s. 6, ch.
 3463         2012-211, Laws of Florida, to add paragraph (q) relating to
 3464         glass and glazing contractors; paragraph (q) defining the
 3465         term “glass and glazing contractor” was repealed by s. 9,
 3466         ch. 2012-13, Laws of Florida, and s. 15, ch. 2012-72, Laws
 3467         of Florida.
 3468         Section 88. Paragraph (d) of subsection (4) of section
 3469  499.01, Florida Statutes, is amended to read:
 3470         499.01 Permits.—
 3471         (4)
 3472         (d) Persons receiving prescription drugs from a source
 3473  claimed to be exempt from permitting requirements under this
 3474  subsection shall maintain on file:
 3475         1. A record of the FDA establishment registration number,
 3476  if any;
 3477         2. The resident state prescription drug wholesale
 3478  distribution license, permit, or registration number; and
 3479         3. A copy of the most recent resident state or FDA
 3480  inspection report, for all distributors and establishments from
 3481  whom they purchase or receive prescription drugs under this
 3482  subsection.
 3483         Reviser’s note.—Amended to confirm insertion of the word “from”
 3484         by the editors.
 3485         Section 89. Subsection (3) of section 500.09, Florida
 3486  Statutes, is amended to read:
 3487         500.09 Rulemaking; analytical work.—
 3488         (3) The department may adopt rules necessary for the
 3489  efficient enforcement of this chapter. Such rules must be
 3490  consistent with those adopted under the federal act in regard to
 3491  food and, to this end, the department may adopt by reference
 3492  those rules and the current edition of the model Food Code
 3493  issued by the Food and Drug Administration and Public Health
 3494  Service of the United States Department of Health and Human
 3495  Services, when applicable and practicable.
 3496         Reviser’s note.—Amended to confirm insertion of the words “the
 3497         department” by the editors.
 3498         Section 90. Paragraph (a) of subsection (1) of section
 3499  538.23, Florida Statutes, is amended to read:
 3500         538.23 Violations and penalties.—
 3501         (1)(a) Except as provided in paragraph (b), a secondary
 3502  metals recycler who knowingly and intentionally:
 3503         1. Violates s. 538.20 or s. 538.21;
 3504         2. Engages in a pattern of failing to keep records required
 3505  by s. 538.19;
 3506         3. Violates s. 538.26(2) 538.26(4); or
 3507         4. Violates s. 538.235,
 3508  
 3509  commits a felony of the third degree, punishable as provided in
 3510  s. 775.082, s. 775.083, or s. 775.084.
 3511         Reviser’s note.—Amended to conform to the redesignation of s.
 3512         538.26(4) as s. 538.26(2) by s. 8, ch. 2012-179, Laws of
 3513         Florida.
 3514         Section 91. Subsection (1) of section 553.98, Florida
 3515  Statutes, is amended to read:
 3516         553.98 Development of building codes for radon-resistant
 3517  buildings; funding; rules for radon-resistant passive
 3518  construction standards; ordinances.—
 3519         (1) The Department of Business and Professional Regulation
 3520  department shall be provided funds for activities incidental to
 3521  the development and implementation of the building codes for
 3522  radon-resistant buildings and for such other building code
 3523  related activities as directed by the Legislature.
 3524         Reviser’s note.—Amended to conform to the transfer of
 3525         responsibility for building codes from the Department of
 3526         Community Affairs to the Department of Business and
 3527         Professional Regulation by s. 413, ch 2011-142, Laws of
 3528         Florida.
 3529         Section 92. Subsection (2) of section 570.451, Florida
 3530  Statutes, is amended to read:
 3531         570.451 Agricultural Feed, Seed, and Fertilizer Advisory
 3532  Council.—
 3533         (2) The council is composed of the following 15 members
 3534  appointed by the commissioner:
 3535         (a) One representative of the department.
 3536         (b) One representative of the dean for extension of the
 3537  Institute of Food and Agricultural Sciences at the University of
 3538  Florida.
 3539         (c) One representative each from the state’s beef cattle,
 3540  poultry, aquaculture, field crops, citrus, vegetable, and dairy
 3541  production industries.
 3542         (d) Two representatives each from the state’s fertilizer,
 3543  seed, and commercial feed industries.
 3544  
 3545  Each member shall be appointed for a term of not to exceed 4
 3546  years and shall serve until his or her successor is appointed.
 3547         Reviser’s note.—Amended to confirm deletion of the word “of” by
 3548         the editors.
 3549         Section 93. Paragraph (g) of subsection (2) of section
 3550  580.036, Florida Statutes, is amended to read:
 3551         580.036 Powers and duties.—
 3552         (2) The department is authorized to adopt rules pursuant to
 3553  ss. 120.536(1) and 120.54 to enforce the provisions of this
 3554  chapter. These rules shall be consistent with the rules and
 3555  standards of the United States Food and Drug Administration and
 3556  the United States Department of Agriculture, when applicable,
 3557  and shall include:
 3558         (g) Establishing standards for the sale, use, and
 3559  distribution of commercial feed or feedstuff to ensure usage
 3560  that is consistent with animal safety and well-being and, to the
 3561  extent that meat, poultry, and other animal products for human
 3562  consumption may be affected by commercial feed or feedstuff, to
 3563  ensure that these products are safe for human consumption. Such
 3564  standards, if adopted, must be developed in consultation with
 3565  the Commercial Feed Technical Council created under s. 580.151.
 3566         Reviser’s note.—Amended to conform to the repeal of s. 580.151,
 3567         which created the Commercial Feed Technical Council, by s.
 3568         32, ch. 2012-190, Laws of Florida.
 3569         Section 94. Paragraph (f) of subsection (3) of section
 3570  586.10, Florida Statutes, is amended to read:
 3571         586.10 Powers and duties of department; preemption of local
 3572  government ordinances.—
 3573         (3) The department may:
 3574         (f) Inspect or cause to be inspected all apiaries in the
 3575  state at such intervals as it may deem best and to keep a
 3576  complete, accurate, and current list of all inspected apiaries
 3577  to include the:
 3578         1. Name of the apiary.
 3579         2. Name of the owner of the apiary.
 3580         3. Mailing address of the apiary owner.
 3581         4. Location of the apiary.
 3582         5. Number of hives in the apiary.
 3583         6. Pest problems associated with the apiary.
 3584         7. Brands used by beekeepers where applicable.
 3585         Reviser’s note.—Amended to confirm deletion of the word “to” by
 3586         the editors.
 3587         Section 95. Paragraph (a) of subsection (15) of section
 3588  601.03, Florida Statutes, is amended to read:
 3589         601.03 Definitions.—As used in this chapter, the term:
 3590         (15) “Concentrated products” means:
 3591         (a) Frozen citrus fruit juice frozen that has a
 3592  concentration that exceeds 20 degrees Brix and is kept at a
 3593  sufficiently freezing temperature to ensure preservation of the
 3594  product; or
 3595         Reviser’s note.—Amended to confirm deletion of the word “frozen”
 3596         by the editors.
 3597         Section 96. Paragraph (b) of subsection (2) of section
 3598  601.15, Florida Statutes, is amended to read:
 3599         601.15 Advertising campaign; methods of conducting;
 3600  assessments; emergency reserve fund; citrus research.—
 3601         (2) The department shall plan and conduct campaigns for
 3602  commodity advertising, publicity, and sales promotion, and may
 3603  conduct campaigns to encourage noncommodity advertising, to
 3604  increase the consumption of citrus fruits and may contract for
 3605  any such advertising, publicity, and sales promotion service. To
 3606  accomplish such purpose, the department shall:
 3607         (b) Decide upon some distinctive and suggestive trade name
 3608  and to promote its use in all ways to advertise Florida citrus
 3609  fruit.
 3610         Reviser’s note.—Amended to confirm deletion of the word “to” by
 3611         the editors.
 3612         Section 97. Subsection (4) of section 601.61, Florida
 3613  Statutes, is amended to read:
 3614         601.61 Bond requirements of citrus fruit dealers.—
 3615         (4) The Department of Citrus or the Department of
 3616  Agriculture, or any officer or employee designated by the
 3617  Department of Citrus or the Department of Agriculture, is
 3618  authorized to inspect such accounts and records of any citrus
 3619  fruit dealer as may be deemed necessary to determine whether a
 3620  bond that has been delivered to the Department of Agriculture is
 3621  in the amount required by this section or whether a previously
 3622  licensed nonbonded dealer should be required to furnish bond. If
 3623  any such citrus fruit dealer refuses to permit such inspection,
 3624  the Department of Agriculture may publish the facts and
 3625  circumstances and by order suspend the license of the offender
 3626  until permission to make such inspection is given. Upon a
 3627  finding by the Department of Agriculture that any citrus fruit
 3628  dealer has dealt or probably will deal with more fruit during
 3629  the season than shown by the application, the Department of
 3630  Agriculture may order such bond increased to such an amount as
 3631  will meet the requirements set forth in the rules adopted by the
 3632  Department of Citrus for determining the amount of such bonds.
 3633  Upon failure to file such increased bond within the time fixed
 3634  by the Department of Agriculture, the Department of Agriculture
 3635  may publish the facts and circumstances and by order suspend the
 3636  license of such citrus fruit dealer until such bond is increased
 3637  as ordered.
 3638         Reviser’s note.—Amended to confirm reinsertion of the word “to”
 3639         by the editors to provide clarity; the words “is
 3640         authorized” were added and the words “shall have the right
 3641         to” preceding the word “inspect” were deleted by s. 48, ch.
 3642         2012-182, Laws of Florida.
 3643         Section 98. Paragraph (d) of subsection (1) of section
 3644  601.9910, Florida Statutes, is amended to read:
 3645         601.9910 Legislative findings of fact; strict enforcement
 3646  of maturity standard in public interest.—
 3647         (1) FINDINGS.—
 3648         (d) The Legislature finds and determines and so declares
 3649  that the enforcement of the maturity standards, authorized by
 3650  this chapter and set forth in department rule, will not result
 3651  in preventing any grower from marketing her or his fruit at some
 3652  time during the marketing season, whenever nature has removed
 3653  the raw, immature flavor, and if there is a delay in such
 3654  marketing, it will result in higher prices for the entire
 3655  season, bringing additional millions of dollars to the state’s
 3656  growers of and resulting in benefit to all growers, including
 3657  the grower or growers who were delayed a short time in the
 3658  shipment of their fruit.
 3659         Reviser’s note.—Amended to confirm deletion of the word “of” by
 3660         the editors.
 3661         Section 99. Subsection (11) of section 610.109, Florida
 3662  Statutes, is amended to read:
 3663         610.109 Public, educational, and governmental access
 3664  channels.—
 3665         (11) A municipality or county that has activated at least
 3666  one public, educational, or governmental access channel pursuant
 3667  to this section may require cable or video service providers to
 3668  remit public, educational, and governmental support
 3669  contributions in an amount equal to a lump-sum or recurring per
 3670  subscriber funding obligation to support public, educational,
 3671  and governmental access channels, or other related costs as
 3672  provided for in the incumbent’s franchise that exists prior to
 3673  July 1, 2007, until the expiration date of the incumbent cable
 3674  or video service provider’s franchise agreement. Any prospective
 3675  lump-sum payment shall be made on an equivalent per-subscriber
 3676  basis calculated as follows: the amount of prospective funding
 3677  obligations divided by the number of subscribers being served by
 3678  the incumbent cable or video service provider at the time of
 3679  payment, divided by the number of months remaining in the
 3680  incumbent cable or video service provider’s franchise equals the
 3681  monthly per-subscriber amount to be paid by the
 3682  certificateholder. The obligations set forth in this subsection
 3683  apply until the earlier of the expiration date of the incumbent
 3684  cable or video service provider’s franchise agreement or July 1,
 3685  2012. For purposes of this subsection, an incumbent cable or
 3686  video service provider is the service provider serving the
 3687  largest number of subscribers as of July 1, 2007.
 3688         Reviser’s note.—Amended to delete an obsolete provision.
 3689         Section 100. Paragraph (a) of subsection (9) of section
 3690  624.402, Florida Statutes, is amended to read:
 3691         624.402 Exceptions, certificate of authority required.—A
 3692  certificate of authority shall not be required of an insurer
 3693  with respect to:
 3694         (9)(a) Life insurance policies or annuity contracts may be
 3695  solicited, sold, or issued in this state by an insurer domiciled
 3696  outside the United States, covering only persons who, at the
 3697  time of issuance are nonresidents of the United States, provided
 3698  that:
 3699         1. The insurer is currently an authorized insurer in his or
 3700  her country of domicile as to the kind or kinds of insurance
 3701  proposed to be offered and must have been such an insurer for
 3702  not fewer than the immediately preceding 3 years, or must be the
 3703  wholly owned subsidiary of such authorized insurer or must be
 3704  the wholly owned subsidiary of an already eligible authorized
 3705  insurer as to the kind or kinds of insurance proposed for a
 3706  period of not fewer than the immediately preceding 3 years.
 3707  However, the office may waive the 3-year requirement if the
 3708  insurer has operated successfully for a period of at least the
 3709  immediately preceding year and has capital and surplus of not
 3710  less than $25 million.
 3711         2. Before the office may grant eligibility, the requesting
 3712  insurer furnishes the office with a duly authenticated copy of
 3713  its current annual financial statement, in English, and with all
 3714  monetary values therein expressed in United States dollars, at
 3715  an exchange rate then-current and shown in the statement, in the
 3716  case of statements originally made in the currencies of other
 3717  countries, and with such additional information relative to the
 3718  insurer as the office may request.
 3719         3. The insurer has and maintains surplus as to
 3720  policyholders of not less than $15 million. Any such surplus as
 3721  to policyholders shall be represented by investments consisting
 3722  of eligible investments for like funds of like domestic insurers
 3723  under part II of chapter 625; however, any such surplus as to
 3724  policyholders may be represented by investments permitted by the
 3725  domestic regulator of such alien insurance company if such
 3726  investments are substantially similar in terms of quality,
 3727  liquidity, and security to eligible investments for like funds
 3728  of like domestic insurers under part II of chapter 625.
 3729         4. The insurer has a of good reputation as to providing
 3730  service to its policyholders and the payment of losses and
 3731  claims.
 3732         5. To maintain eligibility, the insurer furnishes the
 3733  office within the time period specified in s. 624.424(1), a duly
 3734  authenticated copy of its current annual and quarterly financial
 3735  statements, in English, and with all monetary values therein
 3736  expressed in United States dollars, at an exchange rate then
 3737  current and shown in the statement, in the case of statements
 3738  originally made in the currencies of other countries, and with
 3739  such additional information relative to the insurer as the
 3740  office may request.
 3741         6. An insurer receiving eligibility under this subsection
 3742  agrees to make its books and records pertaining to its
 3743  operations in this state available for inspection during normal
 3744  business hours upon request of the office.
 3745         7. The insurer notifies the applicant in clear and
 3746  conspicuous language:
 3747         a. The date of organization of the insurer.
 3748         b. The identity of and rating assigned by each recognized
 3749  insurance company rating organization that has rated the insurer
 3750  or, if applicable, that the insurer is unrated.
 3751         c. That the insurer does not hold a certificate of
 3752  authority issued in this state and that the office does not
 3753  exercise regulatory oversight over the insurer.
 3754         d. The identity and address of the regulatory authority
 3755  exercising oversight of the insurer. This paragraph does not
 3756  impose upon the office any duty or responsibility to determine
 3757  the actual financial condition or claims practices of any
 3758  unauthorized insurer, and the status of eligibility, if granted
 3759  by the office, indicates only that the insurer appears to be
 3760  financially sound and to have satisfactory claims practices and
 3761  that the office has no credible evidence to the contrary.
 3762         Reviser’s note.—Amended to confirm substitution of the word “a”
 3763         for the word “of” by the editors to improve clarity.
 3764         Section 101. Paragraph (h) of subsection (3) of section
 3765  626.2815, Florida Statutes, is amended to read:
 3766         626.2815 Continuing education requirements.—
 3767         (3) Each licensee subject to this section must, except as
 3768  set forth in paragraphs (b), (c), (d), and (f), complete a
 3769  minimum of 24 hours of continuing education courses every 2
 3770  years in basic or higher-level courses prescribed by this
 3771  section or in other courses approved by the department.
 3772         (h) An individual teaching an approved course of
 3773  instruction or lecturing at any approved seminar and attending
 3774  the entire course or seminar qualifies for the same number of
 3775  classroom hours as would be granted to a person taking and
 3776  successfully completing such course or seminar. Credit is
 3777  limited to the number of hours actually taught unless a person
 3778  attends the entire course or seminar. An individual who is an
 3779  official of or employed by a governmental entity in this state
 3780  and serves as a professor, instructor, or in another other
 3781  position or office, the duties and responsibilities of which are
 3782  determined by the department to require monitoring and review of
 3783  insurance laws or insurance regulations and practices, is exempt
 3784  from this section.
 3785         Reviser’s note.—Amended to confirm substitution of the words “in
 3786         another” for the word “other” by the editors to improve
 3787         clarity.
 3788         Section 102. Paragraph (h) of subsection (3) of section
 3789  626.2815, Florida Statutes, as amended by section 11 of chapter
 3790  2012-209, effective October 1, 2014, is amended to read:
 3791         (3) Each licensee except a title insurance agent must
 3792  complete a 5-hour update course every 2 years which is specific
 3793  to the license held by the licensee. The course must be
 3794  developed and offered by providers and approved by the
 3795  department. The content of the course must address all lines of
 3796  insurance for which examination and licensure are required and
 3797  include the following subject areas: insurance law updates,
 3798  ethics for insurance professionals, disciplinary trends and case
 3799  studies, industry trends, premium discounts, determining
 3800  suitability of products and services, and other similar
 3801  insurance-related topics the department determines are relevant
 3802  to legally and ethically carrying out the responsibilities of
 3803  the license granted. A licensee who holds multiple insurance
 3804  licenses must complete an update course that is specific to at
 3805  least one of the licenses held. Except as otherwise specified,
 3806  any remaining required hours of continuing education are
 3807  elective and may consist of any continuing education course
 3808  approved by the department under this section.
 3809         (h) An individual teaching an approved course of
 3810  instruction or lecturing at any approved seminar and attending
 3811  the entire course or seminar qualifies for the same number of
 3812  classroom hours as would be granted to a person taking and
 3813  successfully completing such course or seminar. Credit is
 3814  limited to the number of hours actually taught unless a person
 3815  attends the entire course or seminar. An individual who is an
 3816  official of or employed by a governmental entity in this state
 3817  and serves as a professor, instructor, or in another other
 3818  position or office, the duties and responsibilities of which are
 3819  determined by the department to require monitoring and review of
 3820  insurance laws or insurance regulations and practices, is exempt
 3821  from this section.
 3822         Reviser’s note.—Amended to confirm substitution of the words “in
 3823         another” for the word “other” by the editors to improve
 3824         clarity.
 3825         Section 103. Paragraph (c) of subsection (1) of section
 3826  626.8734, Florida Statutes, is amended to read:
 3827         626.8734 Nonresident all-lines adjuster license
 3828  qualifications.—
 3829         (1) The department shall issue a license to an applicant
 3830  for a nonresident all-lines adjuster license upon determining
 3831  that the applicant has paid the applicable license fees required
 3832  under s. 624.501 and:
 3833         (c) Is licensed as an all-lines adjuster and is self
 3834  appointed, or appointed and employed by an independent adjusting
 3835  firm or other independent adjuster, or is an employee of an
 3836  insurer admitted to do business in this state, a wholly owned
 3837  subsidiary of an insurer admitted to do business in this state,
 3838  or other insurers under the common control or ownership of such
 3839  insurers. Applicants licensed as nonresident all-lines adjusters
 3840  under this section must be appointed as an independent adjuster
 3841  or company employee adjuster in accordance with ss. 626.112 and
 3842  626.451. Appointment fees as specified in s. 624.501 must be
 3843  paid to the department in advance. The appointment of a
 3844  nonresident independent adjuster continues in force until
 3845  suspended, revoked, or otherwise terminated, but is subject to
 3846  biennial renewal or continuation by the licensee in accordance
 3847  with s. 626.381 for licensees in general.
 3848         Reviser’s note.—Amended to confirm insertion of the word “do” by
 3849         the editors.
 3850         Section 104. Subsection (7) of section 626.9362, Florida
 3851  Statutes, is amended to read:
 3852         626.9362 Cooperative reciprocal agreement authorized for
 3853  collection and allocation of certain nonadmitted insurance
 3854  taxes.—
 3855         (7) Following the negotiation and execution of any
 3856  cooperative reciprocal agreement entered into by the Department
 3857  of Financial Services and the Office of Insurance Regulation
 3858  with another state or group of states, the department shall
 3859  prepare and submit a report to the President of the Senate and
 3860  the Speaker of the House of Representatives by January 1, 2012.
 3861  In addition to describing in detail the terms of any agreement
 3862  entered into with another state or group of states pursuant to
 3863  this section, the report must include, but need not be limited
 3864  to:
 3865         (a) The actual and projected collections and allocation of
 3866  nonadmitted insurance premium taxes for multistate risk of each
 3867  state participating in the agreement;
 3868         (b) A detailed description of the administrative structure
 3869  supporting any agreement, including any clearinghouse created by
 3870  an agreement and the fees charged to support administration of
 3871  the agreement;
 3872         (c) The insurance tax rates of any state participating in
 3873  the agreement; and
 3874         (d) The status of any other cooperative reciprocal
 3875  agreements established throughout the country, including a
 3876  state-by-state listing of passed or pending legislation
 3877  responding to changes made by the federal Nonadmitted and
 3878  Reinsurance Reform Act of 2010.
 3879         Reviser’s note.—Amended to delete an obsolete provision.
 3880         Section 105. Subsection (9) of section 626.989, Florida
 3881  Statutes, is amended to read:
 3882         626.989 Investigation by department or Division of
 3883  Insurance Fraud; compliance; immunity; confidential information;
 3884  reports to division; division investigator’s power of arrest.—
 3885         (9) In recognition of the complementary roles of
 3886  investigating instances of workers’ compensation fraud and
 3887  enforcing compliance with the workers’ compensation coverage
 3888  requirements under chapter 440, the Department of Financial
 3889  Services shall prepare and submit a joint performance report to
 3890  the President of the Senate and the Speaker of the House of
 3891  Representatives by November 1, 2003, and then by January 1 of
 3892  each year. The annual report must include, but need not be
 3893  limited to:
 3894         (a) The total number of initial referrals received, cases
 3895  opened, cases presented for prosecution, cases closed, and
 3896  convictions resulting from cases presented for prosecution by
 3897  the Bureau of Workers’ Compensation Insurance Fraud by type of
 3898  workers’ compensation fraud and circuit.
 3899         (b) The number of referrals received from insurers and the
 3900  Division of Workers’ Compensation and the outcome of those
 3901  referrals.
 3902         (c) The number of investigations undertaken by the Bureau
 3903  of Workers’ Compensation Insurance Fraud which were not the
 3904  result of a referral from an insurer or the Division of Workers’
 3905  Compensation.
 3906         (d) The number of investigations that resulted in a
 3907  referral to a regulatory agency and the disposition of those
 3908  referrals.
 3909         (e) The number and reasons provided by local prosecutors or
 3910  the statewide prosecutor for declining prosecution of a case
 3911  presented by the Bureau of Workers’ Compensation Insurance Fraud
 3912  by circuit.
 3913         (f) The total number of employees assigned to the Bureau of
 3914  Workers’ Compensation Insurance Fraud and the Division of
 3915  Workers’ Compensation Bureau of Compliance delineated by
 3916  location of staff assigned; and the number and location of
 3917  employees assigned to the Bureau of Workers’ Compensation
 3918  Insurance Fraud who were assigned to work other types of fraud
 3919  cases.
 3920         (g) The average caseload and turnaround time by type of
 3921  case for each investigator and division compliance employee.
 3922         (h) The training provided during the year to workers’
 3923  compensation fraud investigators and the division’s compliance
 3924  employees.
 3925         Reviser’s note.—Amended to delete an obsolete provision.
 3926         Section 106. Paragraph (a) of subsection (4) of section
 3927  626.9895, Florida Statutes, is amended to read:
 3928         626.9895 Motor vehicle insurance fraud direct-support
 3929  organization.—
 3930         (4) BOARD OF DIRECTORS.—
 3931         (a) The board of directors of the organization shall
 3932  consist of the following 11 members:
 3933         1. The Chief Financial Officer, or designee, who shall
 3934  serve as chair.
 3935         2. Two state attorneys, one of whom shall be appointed by
 3936  the Chief Financial Officer and one of whom shall be appointed
 3937  by the Attorney General.
 3938         3. Two representatives of motor vehicle insurers appointed
 3939  by the Chief Financial Officer.
 3940         4. Two representatives of local law enforcement agencies,
 3941  one of whom shall be appointed by the Chief Financial Officer
 3942  and one of whom shall be appointed by the Attorney General.
 3943         5. Two representatives of the types of health care
 3944  providers who regularly make claims for benefits under ss.
 3945  627.730-627.7405, one of whom shall be appointed by the
 3946  President of the Senate and one of whom shall be appointed by
 3947  the Speaker of the House of Representatives. The appointees may
 3948  not represent the same type of health care provider.
 3949         6. A private attorney who that has experience in
 3950  representing claimants in actions for benefits under ss.
 3951  627.730-627.7405, who shall be appointed by the President of the
 3952  Senate.
 3953         7. A private attorney who has experience in representing
 3954  insurers in actions for benefits under ss. 627.730-627.7405, who
 3955  shall be appointed by the Speaker of the House of
 3956  Representatives.
 3957         Reviser’s note.—Amended to confirm substitution of the word
 3958         “who” for the word “that” by the editors.
 3959         Section 107. Paragraphs (b) and (c) of subsection (3) and
 3960  paragraphs (d), (e), and (f) of subsection (6) of section
 3961  627.3511, Florida Statutes, are amended to read:
 3962         627.3511 Depopulation of Citizens Property Insurance
 3963  Corporation.—
 3964         (3) EXEMPTION FROM DEFICIT ASSESSMENTS.—
 3965         (b) An insurer that first wrote personal lines residential
 3966  property coverage in this state on or after July 1, 1994, is
 3967  exempt from regular deficit assessments imposed pursuant to s.
 3968  627.351(6)(b)3.a., but not emergency assessments collected from
 3969  policyholders pursuant to s. 627.351(6)(b)3.d.
 3970  627.351(6)(b)3.c., of the Citizens Property Insurance
 3971  Corporation until the earlier of the following:
 3972         1. The end of the calendar year in which it first wrote 0.5
 3973  percent or more of the statewide aggregate direct written
 3974  premium for any line of residential property coverage; or
 3975         2. December 31, 1997, or December 31 of the third year in
 3976  which it wrote such coverage in this state, whichever is later.
 3977         (c) Other than an insurer that is exempt under paragraph
 3978  (b), an insurer that in any calendar year increases its total
 3979  structure exposure subject to wind coverage by 25 percent or
 3980  more over its exposure for the preceding calendar year is, with
 3981  respect to that year, exempt from deficit assessments imposed
 3982  pursuant to s. 627.351(6)(b)3.a., but not emergency assessments
 3983  collected from policyholders pursuant to s. 627.351(6)(b)3.d.
 3984  627.351(6)(b)3.c., of the Citizens Property Insurance
 3985  Corporation attributable to such increase in exposure.
 3986         (6) COMMERCIAL RESIDENTIAL TAKE-OUT PLANS.—
 3987         (d) The calculation of an insurer’s regular assessment
 3988  liability under s. 627.351(6)(b)3.a., but not emergency
 3989  assessments collected from policyholders pursuant to s.
 3990  627.351(6)(b)3.d. 627.351(6)(b)3.c., shall, with respect to
 3991  commercial residential policies removed from the corporation
 3992  under an approved take-out plan, exclude such removed policies
 3993  for the succeeding 3 years, as follows:
 3994         1. In the first year following removal of the policies, the
 3995  policies are excluded from the calculation to the extent of 100
 3996  percent.
 3997         2. In the second year following removal of the policies,
 3998  the policies are excluded from the calculation to the extent of
 3999  75 percent.
 4000         3. In the third year following removal of the policies, the
 4001  policies are excluded from the calculation to the extent of 50
 4002  percent.
 4003         (e) An insurer that first wrote commercial residential
 4004  property coverage in this state on or after June 1, 1996, is
 4005  exempt from regular assessments under s. 627.351(6)(b)3.a., but
 4006  not emergency assessments collected from policyholders pursuant
 4007  to s. 627.351(6)(b)3.d. 627.351(6)(b)3.c., with respect to
 4008  commercial residential policies until the earlier of:
 4009         1. The end of the calendar year in which such insurer first
 4010  wrote 0.5 percent or more of the statewide aggregate direct
 4011  written premium for commercial residential property coverage; or
 4012         2. December 31 of the third year in which such insurer
 4013  wrote commercial residential property coverage in this state.
 4014         (f) An insurer that is not otherwise exempt from regular
 4015  assessments under s. 627.351(6)(b)3.a. with respect to
 4016  commercial residential policies is, for any calendar year in
 4017  which such insurer increased its total commercial residential
 4018  hurricane exposure by 25 percent or more over its exposure for
 4019  the preceding calendar year, exempt from regular assessments
 4020  under s. 627.351(6)(b)3.a., but not emergency assessments
 4021  collected from policyholders pursuant to s. 627.351(6)(b)3.d.
 4022  627.351(6)(b)3.c., attributable to such increased exposure.
 4023         Reviser’s note.—Amended to conform to the redesignation of s.
 4024         627.351(6)(b)3.c. as s. 627.351(6)(b)3.d. by s. 1, ch.
 4025         2012-80, Laws of Florida.
 4026         Section 108. Section 641.312, Florida Statutes, is amended
 4027  to read:
 4028         641.312 Scope.—The Office of Insurance Regulation may adopt
 4029  rules to administer the provisions of the National Association
 4030  of Insurance Commissioners’ Uniform Health Carrier External
 4031  Review Model Act, issued by the National Association of
 4032  Insurance Commissioners and dated April 2010. This section does
 4033  not apply to a health maintenance contract that is subject to
 4034  the subscriber assistance program under s. 408.7056 or to the
 4035  types of benefits or coverages provided under s. 627.6561(5)(b)
 4036  (e) 625.6561(5)(b)-(e) issued in any market.
 4037         Reviser’s note.—Amended to substitute a reference to s.
 4038         627.6561(5)(b)-(e) for a reference to s. 625.6561(5)(b)
 4039         (e). Section 627.6561(5)(b)-(e) references creditable
 4040         coverages. Section 625.6561 does not exist.
 4041         Section 109. Subsection (13) of section 651.118, Florida
 4042  Statutes, is amended to read:
 4043         651.118 Agency for Health Care Administration; certificates
 4044  of need; sheltered beds; community beds.—
 4045         (13) Residents, as defined in this chapter, are not
 4046  considered new admissions for the purpose of s. 400.141(1)(n)1.
 4047  400.141(1)(o)1.d.
 4048         Reviser’s note.—Amended to conform to the redesignation of s.
 4049         400.141(1)(o)1.d as s. 400.141(1)(n)1. by s. 6, ch. 2012
 4050         160, Laws of Florida.
 4051         Section 110. Paragraph (c) of subsection (7) of section
 4052  817.234, Florida Statutes, is amended to read:
 4053         817.234 False and fraudulent insurance claims.—
 4054         (7)
 4055         (c) An insurer, or any person acting at the direction of or
 4056  on behalf of an insurer, may not change an opinion in a mental
 4057  or physical report prepared under s. 627.736(7) 627.736(8) or
 4058  direct the physician preparing the report to change such
 4059  opinion; however, this provision does not preclude the insurer
 4060  from calling to the attention of the physician errors of fact in
 4061  the report based upon information in the claim file. Any person
 4062  who violates this paragraph commits a felony of the third
 4063  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 4064  775.084.
 4065         Reviser’s note.—Amended to substitute a reference to s.
 4066         627.736(7) for a reference to s. 627.736(8). Section
 4067         627.736(7) references mental and physical examination and
 4068         related reports; subsection (8) relates to attorney fees.
 4069         Section 111. Subsection (5) of section 877.101, Florida
 4070  Statutes, is amended to read:
 4071         877.101 Escrow business by unauthorized persons; use of
 4072  name.—
 4073         (5) Any person who willfully violates this section commits
 4074  a misdemeanor of the first degree, punishable as provided in s.
 4075  775.082, or s. 775.083, or s. 775.084.
 4076         Reviser’s note.—Amended to delete an erroneous reference.
 4077         Section 775.084 does not relate to misdemeanors; it relates
 4078         to violent career criminals, habitual felony offenders, and
 4079         habitual violent felony offenders.
 4080         Section 112. Paragraph (b) of subsection (3) of section
 4081  921.0022, Florida Statutes, is amended to read:
 4082         921.0022 Criminal Punishment Code; offense severity ranking
 4083  chart.—
 4084         (3) OFFENSE SEVERITY RANKING CHART
 4085         (b) LEVEL 2
 4086  FloridaStatute   FelonyDegree                Description                 
 4087  379.2431 (1)(e)3.  3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 4088  379.2431 (1)(e)4.  3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 4089  403.413(6)(c)403.413(5)(c)  3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 4090  517.07(2)          3rd   Failure to furnish a prospectus meeting requirements.
 4091  590.28(1)          3rd   Intentional burning of lands.               
 4092  784.05(3)          3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 4093  787.04(1)          3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 4094  806.13(1)(b)3.     3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 4095  810.061(2)         3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 4096  810.09(2)(e)       3rd   Trespassing on posted commercial horticulture property.
 4097  812.014(2)(c)1.    3rd   Grand theft, 3rd degree; $300 or more but less than $5,000.
 4098  812.014(2)(d)      3rd   Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling.
 4099  812.015(7)         3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 4100  817.234(1)(a)2.    3rd   False statement in support of insurance claim.
 4101  817.481(3)(a)      3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 4102  817.52(3)          3rd   Failure to redeliver hired vehicle.         
 4103  817.54             3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 4104  817.60(5)          3rd   Dealing in credit cards of another.         
 4105  817.60(6)(a)       3rd   Forgery; purchase goods, services with false card.
 4106  817.61             3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 4107  826.04             3rd   Knowingly marries or has sexual intercourse with person to whom related.
 4108  831.01             3rd   Forgery.                                    
 4109  831.02             3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 4110  831.07             3rd   Forging bank bills, checks, drafts, or promissory notes.
 4111  831.08             3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 4112  831.09             3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 4113  831.11             3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 4114  832.05(3)(a)       3rd   Cashing or depositing item with intent to defraud.
 4115  843.08             3rd   Falsely impersonating an officer.           
 4116  893.13(2)(a)2.     3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis.
 4117  893.147(2)         3rd   Manufacture or delivery of drug paraphernalia.
 4118         Reviser’s note.—Amended to correct an apparent error. Section 1,
 4119         ch. 90-76, Laws of Florida, redesignated s. 403.413(5)(c),
 4120         relating to dumping litter exceeding 500 pounds in weight
 4121         or 100 cubic feet in volume or any quantity for commercial
 4122         purposes or hazardous waste, as subsection (6)(c); s.
 4123         403.413(5) does not contain paragraphs.
 4124         Section 113. Subsections (2) and (4) of section 945.355,
 4125  Florida Statutes, are amended to read:
 4126         945.355 HIV testing of inmates prior to release.—
 4127         (2) If an inmate’s HIV status is unknown to the department,
 4128  the department shall, pursuant to s. 381.004(2) 381.004(3),
 4129  perform an HIV test on the inmate not less than 60 days prior to
 4130  the inmate’s presumptive release date from prison by reason of
 4131  parole, accumulation of gain-time credits, or expiration of
 4132  sentence. An inmate who is known to the department to be HIV
 4133  positive or who has been tested within the previous year and
 4134  does not request retesting need not be tested under this section
 4135  but is subject to subsections (4) and (5). However, an inmate
 4136  who is released due to an emergency is exempt from the
 4137  provisions of this section.
 4138         (4) Pursuant to ss. 381.004(2) 381.004(3) and 945.10, the
 4139  department shall notify the Department of Health and the county
 4140  health department where the inmate plans to reside regarding an
 4141  inmate who is known to be HIV positive or has received an HIV
 4142  positive test result under this section prior to the release of
 4143  that inmate.
 4144         Reviser’s note.—Amended to conform to the redesignation of s.
 4145         381.004(3) as s. 381.004(2) by s. 21, ch. 2012-184, Laws of
 4146         Florida.
 4147         Section 114. Paragraph (b) of subsection (7) of section
 4148  948.08, Florida Statutes, is amended to read:
 4149         948.08 Pretrial intervention program.—
 4150         (7)
 4151         (b) While enrolled in a pretrial intervention program
 4152  authorized by this subsection, the participant shall be subject
 4153  to a coordinated strategy developed by a veterans’ treatment
 4154  intervention team. The coordinated strategy should be modeled
 4155  after the therapeutic jurisprudence principles and key
 4156  components in s. 397.334(4), with treatment specific to the
 4157  needs of servicemembers and veterans. The coordinated strategy
 4158  may include a protocol of sanctions that may be imposed upon the
 4159  participant for noncompliance with program rules. The protocol
 4160  of sanctions may include, but need not be limited to, placement
 4161  in a treatment program offered by a licensed service provider or
 4162  in a jail-based treatment program or serving a period of
 4163  incarceration within the time limits established for contempt of
 4164  court. The coordinated strategy must be provided in writing to
 4165  the participant before the participant agrees to enter into a
 4166  pretrial veterans’ treatment intervention program or other
 4167  pretrial intervention program. Any person whose charges are
 4168  dismissed after successful completion of the pretrial veterans’
 4169  treatment intervention program, if otherwise eligible, may have
 4170  his or her arrest record of to the dismissed charges expunged
 4171  under s. 943.0585.
 4172         Reviser’s note.—Amended to confirm substitution of the word “of”
 4173         for the word “to” by the editors to conform to context.
 4174         Section 115. Paragraph (b) of subsection (2) of section
 4175  948.16, Florida Statutes, is amended to read:
 4176         948.16 Misdemeanor pretrial substance abuse education and
 4177  treatment intervention program; misdemeanor pretrial veterans’
 4178  treatment intervention program.—
 4179         (2)
 4180         (b) While enrolled in a pretrial intervention program
 4181  authorized by this section, the participant shall be subject to
 4182  a coordinated strategy developed by a veterans’ treatment
 4183  intervention team. The coordinated strategy should be modeled
 4184  after the therapeutic jurisprudence principles and key
 4185  components in s. 397.334(4), with treatment specific to the
 4186  needs of veterans and servicemembers. The coordinated strategy
 4187  may include a protocol of sanctions that may be imposed upon the
 4188  participant for noncompliance with program rules. The protocol
 4189  of sanctions may include, but need not be limited to, placement
 4190  in a treatment program offered by a licensed service provider or
 4191  in a jail-based treatment program or serving a period of
 4192  incarceration within the time limits established for contempt of
 4193  court. The coordinated strategy must be provided in writing to
 4194  the participant before the participant agrees to enter into a
 4195  misdemeanor pretrial veterans’ treatment intervention program or
 4196  other pretrial intervention program. Any person whose charges
 4197  are dismissed after successful completion of the misdemeanor
 4198  pretrial veterans’ treatment intervention program, if otherwise
 4199  eligible, may have his or her arrest record of to the dismissed
 4200  charges expunged under s. 943.0585.
 4201         Reviser’s note.—Amended to confirm substitution of the word “of”
 4202         for the word “to” by the editors to conform to context.
 4203         Section 116. Paragraph (a) of subsection (5) of section
 4204  960.003, Florida Statutes, is amended to read:
 4205         960.003 Hepatitis and HIV testing for persons charged with
 4206  or alleged by petition for delinquency to have committed certain
 4207  offenses; disclosure of results to victims.—
 4208         (5) EXCEPTIONS.— Subsections (2) and (4) do not apply if:
 4209         (a) The person charged with or convicted of or alleged by
 4210  petition for delinquency to have committed or been adjudicated
 4211  delinquent for an offense described in subsection (2) has
 4212  undergone hepatitis and HIV testing voluntarily or pursuant to
 4213  procedures established in s. 381.004(2)(h)6. 381.004(3)(h)6. or
 4214  s. 951.27, or any other applicable law or rule providing for
 4215  hepatitis and HIV testing of criminal defendants, inmates, or
 4216  juvenile offenders, subsequent to his or her arrest, conviction,
 4217  or delinquency adjudication for the offense for which he or she
 4218  was charged or alleged by petition for delinquency to have
 4219  committed; and
 4220         Reviser’s note.—Amended to conform to the redesignation of s.
 4221         381.004(3)(h)6. as s. 381.004(2)(h)6. by s. 21, ch. 2012
 4222         184, Laws of Florida.
 4223         Section 117. Subsection (37) of section 985.03, Florida
 4224  Statutes, is amended to read:
 4225         985.03 Definitions.—As used in this chapter, the term:
 4226         (37) “Mother-infant program” means a residential program
 4227  designed to serve the needs of juvenile mothers or expectant
 4228  juvenile mothers who are committed as delinquents, which is
 4229  operated or contracted by the department. A mother-infant
 4230  program facility must be licensed as a child care facility under
 4231  s. 402.308 and must provide the services and support necessary
 4232  to enable each juvenile mother committed to the facility to
 4233  provide for the needs of her infants who, upon agreement of the
 4234  mother, may accompany her them in the program.
 4235         Reviser’s note.—Amended to confirm substitution of the word
 4236         “her” for the word “them” by the editors to conform to
 4237         context.
 4238         Section 118. Subsection (1) of section 1003.43, Florida
 4239  Statutes, is amended to read:
 4240         1003.43 General requirements for high school graduation.—
 4241         (1) Graduation requires successful completion of either a
 4242  minimum of 24 academic credits in grades 9 through 12 or an
 4243  International Baccalaureate curriculum. The 24 credits shall be
 4244  distributed as follows:
 4245         (a) Four credits in English, with major concentration in
 4246  composition and literature.
 4247         (b) Three credits in mathematics. Effective for students
 4248  entering the 9th grade in the 1997-1998 school year and
 4249  thereafter, one of these credits must be Algebra I, a series of
 4250  courses equivalent to Algebra I, or a higher-level mathematics
 4251  course.
 4252         (c) Three credits in science, two of which must have a
 4253  laboratory component. Agriscience Foundations I, the core course
 4254  in secondary Agriscience and Natural Resources programs, counts
 4255  as one of the science credits.
 4256         (d) One credit in American history.
 4257         (e) One credit in world history, including a comparative
 4258  study of the history, doctrines, and objectives of all major
 4259  political systems.
 4260         (f) One-half credit in economics, including a comparative
 4261  study of the history, doctrines, and objectives of all major
 4262  economic systems. The Florida Council on Economic Education
 4263  shall provide technical assistance to the department and
 4264  district school boards in developing curriculum materials for
 4265  the study of economics.
 4266         (g) One-half credit in American government, including study
 4267  of the Constitution of the United States. For students entering
 4268  the 9th grade in the 1997-1998 school year and thereafter, the
 4269  study of Florida government, including study of the State
 4270  Constitution, the three branches of state government, and
 4271  municipal and county government, shall be included as part of
 4272  the required study of American government.
 4273         (h)1. One credit in practical arts career education or
 4274  exploratory career education. Any career education course as
 4275  defined in s. 1003.01 may be taken to satisfy the high school
 4276  graduation requirement for one credit in practical arts or
 4277  exploratory career education provided in this subparagraph;
 4278         2. One credit in performing fine arts to be selected from
 4279  music, dance, drama, painting, or sculpture. A course in any art
 4280  form, in addition to painting or sculpture, that requires manual
 4281  dexterity, or a course in speech and debate, may be taken to
 4282  satisfy the high school graduation requirement for one credit in
 4283  performing arts pursuant to this subparagraph; or
 4284         3. One-half credit each in practical arts career education
 4285  or exploratory career education and performing fine arts, as
 4286  defined in this paragraph.
 4287  
 4288  Such credit for practical arts career education or exploratory
 4289  career education or for performing fine arts shall be made
 4290  available in the 9th grade, and students shall be scheduled into
 4291  a 9th grade course as a priority.
 4292         (i) One-half credit in life management skills to include
 4293  consumer education, positive emotional development, marriage and
 4294  relationship skill-based education, nutrition, parenting skills,
 4295  prevention of human immunodeficiency virus infection and
 4296  acquired immune deficiency syndrome and other sexually
 4297  transmissible diseases, benefits of sexual abstinence and
 4298  consequences of teenage pregnancy, information and instruction
 4299  on breast cancer detection and breast self-examination,
 4300  cardiopulmonary resuscitation, drug education, and the hazards
 4301  of smoking.
 4302         (j) One credit in physical education to include assessment,
 4303  improvement, and maintenance of personal fitness. Participation
 4304  in an interscholastic sport at the junior varsity or varsity
 4305  level, for two full seasons, shall satisfy the one-credit
 4306  requirement in physical education if the student passes a
 4307  competency test on personal fitness with a score of “C” or
 4308  better. The competency test on personal fitness must be
 4309  developed by the Department of Education. A district school
 4310  board may not require that the one credit in physical education
 4311  be taken during the 9th grade year. Completion of one semester
 4312  with a grade of “C” or better in a marching band class, in a
 4313  physical activity class that requires participation in marching
 4314  band activities as an extracurricular activity, or in a Reserve
 4315  Officer Training Corps (R.O.T.C.) class a significant component
 4316  of which is drills shall satisfy a one-half credit requirement
 4317  in physical education. This one-half credit may not be used to
 4318  satisfy the personal fitness requirement or the requirement for
 4319  adaptive physical education under an individual educational plan
 4320  (IEP) or 504 plan.
 4321         (k) Eight and one-half elective credits.
 4322  
 4323  District school boards may award a maximum of one-half credit in
 4324  social studies and one-half elective credit for student
 4325  completion of nonpaid voluntary community or school service
 4326  work. Students choosing this option must complete a minimum of
 4327  75 hours of service in order to earn the one-half credit in
 4328  either category of instruction. Credit may not be earned for
 4329  service provided as a result of court action. District school
 4330  boards that approve the award of credit for student volunteer
 4331  service shall develop guidelines regarding the award of the
 4332  credit, and school principals are responsible for approving
 4333  specific volunteer activities. A course designated in the Course
 4334  Code Directory as grade 9 through grade 12 that is taken below
 4335  the 9th grade may be used to satisfy high school graduation
 4336  requirements or Florida Academic Scholars award requirements as
 4337  specified in a district school board’s student progression plan.
 4338  A student shall be granted credit toward meeting the
 4339  requirements of this subsection for equivalent courses, as
 4340  identified pursuant to s. 1007.271(9) 1007.271(6), taken through
 4341  dual enrollment.
 4342         Reviser’s note.—Amended to conform to the redesignation of s.
 4343         1007.271(6) as s. 1007.271(9) by s. 20, ch. 2012-191, Laws
 4344         of Florida.
 4345         Section 119. Paragraph (a) of subsection (12) of section
 4346  1003.52, Florida Statutes, is amended to read:
 4347         1003.52 Educational services in Department of Juvenile
 4348  Justice programs.—
 4349         (12)(a) Funding for eligible students enrolled in juvenile
 4350  justice education programs shall be provided through the Florida
 4351  Education Finance Program as provided in s. 1011.62 and the
 4352  General Appropriations Act. Funding shall include, at a minimum:
 4353         1. Weighted program funding or the basic amount for current
 4354  operation multiplied by the district cost differential as
 4355  provided in s. 1011.62(1)(s) 1011.62(1)(r) and (2);
 4356         2. The supplemental allocation for juvenile justice
 4357  education as provided in s. 1011.62(10);
 4358         3. A proportionate share of the district’s exceptional
 4359  student education guaranteed allocation, the supplemental
 4360  academic instruction allocation, and the instructional materials
 4361  allocation;
 4362         4. An amount equivalent to the proportionate share of the
 4363  state average potential discretionary local effort for
 4364  operations, which shall be determined as follows:
 4365         a. If the district levies the maximum discretionary local
 4366  effort and the district’s discretionary local effort per FTE is
 4367  less than the state average potential discretionary local effort
 4368  per FTE, the proportionate share shall include both the
 4369  discretionary local effort and the compression supplement per
 4370  FTE. If the district’s discretionary local effort per FTE is
 4371  greater than the state average per FTE, the proportionate share
 4372  shall be equal to the state average; or
 4373         b. If the district does not levy the maximum discretionary
 4374  local effort and the district’s actual discretionary local
 4375  effort per FTE is less than the state average potential
 4376  discretionary local effort per FTE, the proportionate share
 4377  shall be equal to the district’s actual discretionary local
 4378  effort per FTE. If the district’s actual discretionary local
 4379  effort per FTE is greater than the state average per FTE, the
 4380  proportionate share shall be equal to the state average
 4381  potential local effort per FTE; and
 4382         5. A proportionate share of the district’s proration to
 4383  funds available, if necessary.
 4384         Reviser’s note.—Amended to conform to the redesignation of s.
 4385         1011.62(1)(r) as s. 1011.62(1)(s) by s. 28, ch. 2012-191,
 4386         Laws of Florida.
 4387         Section 120. Subsection (6) of section 1006.062, Florida
 4388  Statutes, is amended to read:
 4389         1006.062 Administration of medication and provision of
 4390  medical services by district school board personnel.—
 4391         (6) Each district school board shall establish emergency
 4392  procedures in accordance with s. 381.0056(4) 381.0056(5) for
 4393  life-threatening emergencies.
 4394         Reviser’s note.—Amended to conform to the redesignation of s.
 4395         381.0056(5) as s. 381.0056(4) by s. 27, ch. 2012-184, Laws
 4396         of Florida.
 4397         Section 121. Paragraphs (j), (k), (l), and (m) of
 4398  subsection (2) and subsection (3) of section 1006.20, Florida
 4399  Statutes, are amended to read:
 4400         1006.20 Athletics in public K-12 schools.—
 4401         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
 4402         (j) The FHSAA organization shall adopt guidelines to
 4403  educate athletic coaches, officials, administrators, and student
 4404  athletes and their parents of the nature and risk of concussion
 4405  and head injury.
 4406         (k) The FHSAA organization shall adopt bylaws or policies
 4407  that require the parent of a student who is participating in
 4408  interscholastic athletic competition or who is a candidate for
 4409  an interscholastic athletic team to sign and return an informed
 4410  consent that explains the nature and risk of concussion and head
 4411  injury, including the risk of continuing to play after
 4412  concussion or head injury, each year before participating in
 4413  interscholastic athletic competition or engaging in any
 4414  practice, tryout, workout, or other physical activity associated
 4415  with the student’s candidacy for an interscholastic athletic
 4416  team.
 4417         (l) The FHSAA organization shall adopt bylaws or policies
 4418  that require each student athlete who is suspected of sustaining
 4419  a concussion or head injury in a practice or competition to be
 4420  immediately removed from the activity. A student athlete who has
 4421  been removed from an activity may not return to practice or
 4422  competition until the student submits to the school a written
 4423  medical clearance to return stating that the student athlete no
 4424  longer exhibits signs, symptoms, or behaviors consistent with a
 4425  concussion or other head injury. Medical clearance must be
 4426  authorized by the appropriate health care practitioner trained
 4427  in the diagnosis, evaluation, and management of concussions as
 4428  defined by the Sports Medicine Advisory Committee of the Florida
 4429  High School Athletic Association.
 4430         (m) The FHSAA organization shall adopt bylaws for the
 4431  establishment and duties of a sports medicine advisory committee
 4432  composed of the following members:
 4433         1. Eight physicians licensed under chapter 458 or chapter
 4434  459 with at least one member licensed under chapter 459.
 4435         2. One chiropractor licensed under chapter 460.
 4436         3. One podiatrist licensed under chapter 461.
 4437         4. One dentist licensed under chapter 466.
 4438         5. Three athletic trainers licensed under part XIII of
 4439  chapter 468.
 4440         6. One member who is a current or retired head coach of a
 4441  high school in the state.
 4442         (3) GOVERNING STRUCTURE OF THE FHSAA ORGANIZATION.—
 4443         (a) The FHSAA shall operate as a representative democracy
 4444  in which the sovereign authority is within its member schools.
 4445  Except as provided in this section, the FHSAA shall govern its
 4446  affairs through its bylaws.
 4447         (b) Each member school, on its annual application for
 4448  membership, shall name its official representative to the FHSAA.
 4449  This representative must be either the school principal or his
 4450  or her designee. That designee must either be an assistant
 4451  principal or athletic director housed within that same school.
 4452         (c) The FHSAA’s membership shall be divided along existing
 4453  county lines into four contiguous and compact administrative
 4454  regions, each containing an equal or nearly equal number of
 4455  member schools to ensure equitable representation on the FHSAA’s
 4456  board of directors, representative assembly, and appeals
 4457  committees.
 4458         Reviser’s note.—Amended to conform to s. 2, ch. 2012-188, Laws
 4459         of Florida, which changed the word “organization” to
 4460         “FHSAA” and used that terminology in newly added subunits.
 4461         Section 1006.20 was also amended by s. 2, ch. 2012-167,
 4462         Laws of Florida, and that law added four new paragraphs to
 4463         subsection (2) using the word “organization” that should
 4464         now be to “FHSAA.” The amendment to subsection (3) updates
 4465         the one instance of the word “organization” in existing
 4466         text that was missed in the update by s. 2, ch. 2012-188.
 4467         Section 122. Paragraph (a) of subsection (3) of section
 4468  1006.282, Florida Statutes, is amended to read:
 4469         1006.282 Pilot program for the transition to electronic and
 4470  digital instructional materials.—
 4471         (3) A school designated as a pilot program school by the
 4472  school board is exempt from:
 4473         (a) Section 1006.40(2) 1006.40(2)(a), if the school
 4474  provides comprehensive electronic or digital instructional
 4475  materials to all students; and
 4476         Reviser’s note.—Amended to conform to s. 31, ch. 2011-55, Laws
 4477         of Florida, which deleted all of s. 1006.40(2)(b) and a
 4478         portion of s. 1006(2)(a); the remaining portion of
 4479         paragraph (a) now constitutes all of s. 1006.40(2).
 4480         Section 123. Subsection (3) of section 1009.67, Florida
 4481  Statutes, is amended to read:
 4482         1009.67 Nursing scholarship program.—
 4483         (3) A scholarship may be awarded for no more than 2 years,
 4484  in an amount not to exceed $8,000 per year. However, registered
 4485  nurses pursuing a graduate degree for a faculty position or to
 4486  practice as an advanced registered nurse practitioner may
 4487  receive up to $12,000 per year. These amounts shall be adjusted
 4488  by the amount of increase or decrease in the Consumer Price
 4489  Index for All Urban Consumers published by the United States
 4490  Department of Commerce.
 4491         Reviser’s note.—Amended to confirm insertion of the word “All”
 4492         by the editors to conform to the full name of the Consumer
 4493         Price Index for All Urban Consumers.
 4494         Section 124. Subsection (2) of section 1009.971, Florida
 4495  Statutes, is amended to read:
 4496         1009.971 Florida Prepaid College Board.—
 4497         (2) FLORIDA PREPAID COLLEGE BOARD; MEMBERSHIP.—The board
 4498  shall consist of seven members to be composed of the Attorney
 4499  General, the Chief Financial Officer, the Chancellor of the
 4500  State University System, the Chancellor Deputy Commissioner of
 4501  the Division of Florida Community Colleges, and three members
 4502  appointed by the Governor and subject to confirmation by the
 4503  Senate. Each member appointed by the Governor shall possess
 4504  knowledge, skill, and experience in the areas of accounting,
 4505  actuary, risk management, or investment management. Each member
 4506  of the board not appointed by the Governor may name a designee
 4507  to serve on the board on behalf of the member; however, any
 4508  designee so named shall meet the qualifications required of
 4509  gubernatorial appointees to the board. Members appointed by the
 4510  Governor shall serve terms of 3 years. Any person appointed to
 4511  fill a vacancy on the board shall be appointed in a like manner
 4512  and shall serve for only the unexpired term. Any member shall be
 4513  eligible for reappointment and shall serve until a successor
 4514  qualifies. Members of the board shall serve without compensation
 4515  but shall be reimbursed for per diem and travel in accordance
 4516  with s. 112.061. Each member of the board shall file a full and
 4517  public disclosure of his or her financial interests pursuant to
 4518  s. 8, Art. II of the State Constitution and corresponding
 4519  statute.
 4520         Reviser’s note.—Amended to substitute a reference to the
 4521         Division of Florida Colleges for the Division of Community
 4522         Colleges within the Department of Education to conform to
 4523         the renaming of the division by s. 1, ch. 2009-228, Laws of
 4524         Florida. Section 20.15(4) provides that directors of
 4525         divisions within the department may be designated as
 4526         “Deputy Commissioner” or “Chancellor.” The department uses
 4527         the chancellor designation.
 4528         Section 125. Subsection (3) of section 1013.231, Florida
 4529  Statutes, is amended to read:
 4530         1013.231 Florida College System institution and university
 4531  energy consumption; 10-percent reduction goal.—
 4532         (3) Each Florida College System institution and state
 4533  university shall submit a report to the Governor, the Speaker of
 4534  the House of Representatives, and the President of the Senate by
 4535  January 1, 2011, describing how they have met or plan to meet
 4536  the 10-percent energy consumption reduction goal.
 4537         Reviser’s note.—Amended to delete an obsolete provision.
 4538         Section 126. This act shall take effect on the 60th day
 4539  after adjournment sine die of the session of the Legislature in
 4540  which enacted.