Florida Senate - 2013                                     SB 692
       
       
       
       By Senator Thrasher
       
       
       
       
       6-01521-13                                             2013692__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; repealing ss.
    3         206.608(3), 220.1896, 253.034(13) and (16),
    4         332.007(8), 339.08(4), 401.465(2)(i), 406.61(3),
    5         946.515(8), and 1010.10, F.S.; and amending ss.
    6         215.555(4)(b), 339.135(4)(a) and (5), 394.908(3), and
    7         893.055(7)(d), F.S.; to delete provisions which have
    8         become inoperative by noncurrent repeal or expiration
    9         and, pursuant to s. 11.242(5)(b) and (i), may be
   10         omitted from the 2013 Florida Statutes only through a
   11         reviser’s bill duly enacted by the Legislature;
   12         amending s. 220.02(8), F.S., to conform a cross
   13         reference; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (3) of section 206.608, Florida
   18  Statutes, is repealed.
   19         Reviser’s note.—The cited subsection, which provides that, for
   20         the 2011-2012 fiscal year only, and notwithstanding
   21         subsection (2), the remaining proceeds of the tax levied
   22         pursuant to s. 206.41(1)(f) and all of the proceeds from
   23         the tax imposed by s. 206.87(1)(d) shall be transferred
   24         into the State Transportation Trust Fund and be used for
   25         the purposes stated in s. 339.08, expired pursuant to its
   26         own terms, effective July 1, 2012.
   27         Section 2. Paragraph (b) of subsection (4) of section
   28  215.555, Florida Statutes, is amended to read:
   29         215.555 Florida Hurricane Catastrophe Fund.—
   30         (4) REIMBURSEMENT CONTRACTS.—
   31         (b)1. The contract shall contain a promise by the board to
   32  reimburse the insurer for 45 percent, 75 percent, or 90 percent
   33  of its losses from each covered event in excess of the insurer’s
   34  retention, plus 5 percent of the reimbursed losses to cover loss
   35  adjustment expenses.
   36         2. The insurer must elect one of the percentage coverage
   37  levels specified in this paragraph and may, upon renewal of a
   38  reimbursement contract, elect a lower percentage coverage level
   39  if no revenue bonds issued under subsection (6) after a covered
   40  event are outstanding, or elect a higher percentage coverage
   41  level, regardless of whether or not revenue bonds are
   42  outstanding. All members of an insurer group must elect the same
   43  percentage coverage level. Any joint underwriting association,
   44  risk apportionment plan, or other entity created under s.
   45  627.351 must elect the 90-percent coverage level.
   46         3. The contract shall provide that reimbursement amounts
   47  shall not be reduced by reinsurance paid or payable to the
   48  insurer from other sources.
   49         4. Notwithstanding any other provision contained in this
   50  section, the board shall make available to insurers that
   51  purchased coverage provided by this subparagraph in 2008,
   52  insurers qualifying as limited apportionment companies under s.
   53  627.351(6)(c), and insurers that have been approved to
   54  participate in the Insurance Capital Build-Up Incentive Program
   55  pursuant to s. 215.5595 a contract or contract addendum that
   56  provides an additional amount of reimbursement coverage of up to
   57  $10 million. The premium to be charged for this additional
   58  reimbursement coverage shall be 50 percent of the additional
   59  reimbursement coverage provided, which shall include one prepaid
   60  reinstatement. The minimum retention level that an eligible
   61  participating insurer must retain associated with this
   62  additional coverage layer is 30 percent of the insurer’s surplus
   63  as of December 31, 2008, for the 2009-2010 contract year; as of
   64  December 31, 2009, for the 2010-2011 contract year; and as of
   65  December 31, 2010, for the 2011-2012 contract year. This
   66  coverage shall be in addition to all other coverage that may be
   67  provided under this section. The coverage provided by the fund
   68  under this subparagraph shall be in addition to the claims
   69  paying capacity as defined in subparagraph (c)1., but only with
   70  respect to those insurers that select the additional coverage
   71  option and meet the requirements of this subparagraph. The
   72  claims-paying capacity with respect to all other participating
   73  insurers and limited apportionment companies that do not select
   74  the additional coverage option shall be limited to their
   75  reimbursement premium’s proportionate share of the actual
   76  claims-paying capacity otherwise defined in subparagraph (c)1.
   77  and as provided for under the terms of the reimbursement
   78  contract. The optional coverage retention as specified shall be
   79  accessed before the mandatory coverage under the reimbursement
   80  contract, but once the limit of coverage selected under this
   81  option is exhausted, the insurer’s retention under the mandatory
   82  coverage will apply. This coverage will apply and be paid
   83  concurrently with mandatory coverage. This subparagraph expires
   84  on May 31, 2012.
   85         Reviser’s note.—Amended to delete subparagraph 4., which expired
   86         pursuant to its own terms, effective May 31, 2012.
   87         Section 3. Section 220.1896, Florida Statutes, is repealed.
   88         Reviser’s note.—The cited section, which relates to the Jobs for
   89         the Unemployed Tax Credit Program, expired pursuant to its
   90         own terms, effective June 30, 2012.
   91         Section 4. Subsections (13) and (16) of section 253.034,
   92  Florida Statutes, are repealed.
   93         Reviser’s note.—The cited subsections, which relate to deposit
   94         into the Citrus Advertising Trust Fund of funds derived
   95         from the sale of certain Department of Citrus property and
   96         transfer of all lease interest in lands on which the G.
   97         Pierce Wood Hospital is located to the Florida Polytechnic
   98         University, including any existing subleases, expired
   99         pursuant to their own terms, effective July 1, 2012.
  100         Section 5. Subsection (8) of section 332.007, Florida
  101  Statutes, is repealed.
  102         Reviser’s note.—The cited subsection, which relates to funding
  103         authorization for security projects at publicly owned
  104         public-use airports, expired pursuant to its own terms,
  105         effective June 30, 2012.
  106         Section 6. Subsection (4) of section 339.08, Florida
  107  Statutes, is repealed.
  108         Reviser’s note.—The cited subsection, authorizing transfer of
  109         funds, for the 2011-2012 fiscal year only, from the State
  110         Transportation Trust Fund to the State School Trust Fund or
  111         the General Revenue Fund as specified in the General
  112         Appropriations Act and reduction of the total amount
  113         transferred from total state revenues deposited into the
  114         State Transportation Trust Fund for the calculation
  115         requirements of ss. 206.46(3) and 206.606(2), expired
  116         pursuant to its own terms, effective July 1, 2012.
  117         Section 7. Paragraph (a) of subsection (4) and subsection
  118  (5) of section 339.135, Florida Statutes, as amended by section
  119  55 of chapter 2012-96, Laws of Florida, are amended to read:
  120         339.135 Work program; legislative budget request;
  121  definitions; preparation, adoption, execution, and amendment.—
  122         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
  123         (a)1. To assure that no district or county is penalized for
  124  local efforts to improve the State Highway System, the
  125  department shall, for the purpose of developing a tentative work
  126  program, allocate funds for new construction to the districts,
  127  except for the turnpike enterprise, based on equal parts of
  128  population and motor fuel tax collections. Funds for
  129  resurfacing, bridge repair and rehabilitation, bridge fender
  130  system construction or repair, public transit projects except
  131  public transit block grants as provided in s. 341.052, and other
  132  programs with quantitative needs assessments shall be allocated
  133  based on the results of these assessments. The department may
  134  not transfer any funds allocated to a district under this
  135  paragraph to any other district except as provided in subsection
  136  (7). Funds for public transit block grants shall be allocated to
  137  the districts pursuant to s. 341.052. Funds for the intercity
  138  bus program provided for under s. 5311(f) of the federal
  139  nonurbanized area formula program shall be administered and
  140  allocated directly to eligible bus carriers as defined in s.
  141  341.031(12) at the state level rather than the district. In
  142  order to provide state funding to support the intercity bus
  143  program provided for under provisions of the federal 5311(f)
  144  program, the department shall allocate an amount equal to the
  145  federal share of the 5311(f) program from amounts calculated
  146  pursuant to s. 206.46(3).
  147         2. Notwithstanding the provisions of subparagraph 1., the
  148  department shall allocate at least 50 percent of any new
  149  discretionary highway capacity funds to the Florida Strategic
  150  Intermodal System created pursuant to s. 339.61. Any remaining
  151  new discretionary highway capacity funds shall be allocated to
  152  the districts for new construction as provided in subparagraph
  153  1. For the purposes of this subparagraph, the term “new
  154  discretionary highway capacity funds” means any funds available
  155  to the department above the prior year funding level for
  156  capacity improvements, which the department has the discretion
  157  to allocate to highway projects.
  158         3. Notwithstanding subparagraphs 1. and 2. and ss.
  159  201.15(1)(c)1.a.-d., 206.46(3), 334.044(26), and 339.2819(3),
  160  and for the 2011-2012 fiscal year only, the department shall
  161  reduce work program levels to balance the finance plan to the
  162  revised funding levels resulting from any reduction in the 2011
  163  2012 General Appropriations Act. This subparagraph expires July
  164  1, 2012.
  165         4. For the 2011-2012 fiscal year only, before any project
  166  or phase thereof is deferred, the department’s cash balances
  167  shall be as provided in paragraph (6)(b), and the reductions in
  168  subparagraph 3. shall be made to financial projects not
  169  programmed for contract letting as identified with a work
  170  program contract class code 8 and the box code RV. These
  171  reductions shall not negatively impact safety or maintenance or
  172  project contingency percentage levels as of April 21, 2011. This
  173  subparagraph expires July 1, 2012.
  174         3.5. Notwithstanding subparagraphs 1. and 2. and ss.
  175  206.46(3) and 334.044(26), and for fiscal years 2009-2010
  176  through 2013-2014 only, the department shall annually allocate
  177  up to $15 million of the first proceeds of the increased
  178  revenues estimated by the November 2009 Revenue Estimating
  179  Conference to be deposited into the State Transportation Trust
  180  Fund to provide for the portion of the transfer of funds
  181  included in s. 343.58(4)(a)1.a. or 2.a., as applicable. The
  182  transfer of funds included in s. 343.58(4) shall not negatively
  183  impact projects included in fiscal years 2009-2010 through 2013
  184  2014 of the work program as of July 1, 2009, as amended pursuant
  185  to subsection (7). This subparagraph expires July 1, 2014.
  186         (5) ADOPTION OF THE WORK PROGRAM.—
  187         (a) The original approved budget for operational and fixed
  188  capital expenditures for the department shall be the Governor’s
  189  budget recommendation and the first year of the tentative work
  190  program, as both are amended by the General Appropriations Act
  191  and any other act containing appropriations. In accordance with
  192  the appropriations act, the department shall, before the
  193  beginning of the fiscal year, adopt a final work program which
  194  shall only include the original approved budget for the
  195  department for the ensuing fiscal year, together with any roll
  196  forwards approved pursuant to paragraph (6)(c), and the portion
  197  of the tentative work program for the following 4 fiscal years
  198  revised in accordance with the original approved budget for the
  199  department for the ensuing fiscal year together with the roll
  200  forwards. The adopted work program may include only those
  201  projects submitted as part of the tentative work program
  202  developed under the provisions of subsection (4), plus any
  203  projects which are separately identified by specific
  204  appropriation in the General Appropriations Act and any roll
  205  forwards approved pursuant to paragraph (6)(c). However, any
  206  transportation project of the department which is identified by
  207  specific appropriation in the General Appropriations Act shall
  208  be deducted from the funds annually distributed to the
  209  respective district pursuant to paragraph (4)(a). In addition,
  210  the department shall not in any year include any project or
  211  allocate funds to a program in the adopted work program that is
  212  contrary to existing law for that particular year. Projects
  213  shall not be undertaken unless they are listed in the adopted
  214  work program.
  215         (b) Notwithstanding paragraph (a), and for the 2011-2012
  216  fiscal year only, the Department of Transportation shall
  217  transfer funds to the Department of Economic Opportunity in an
  218  amount equal to $15 million for the purpose of funding
  219  transportation-related needs of economic development projects.
  220  This transfer does not reduce, delete, or defer any existing
  221  projects funded, as of July 1, 2011, in the Department of
  222  Transportation’s 5-year work program. This paragraph expires
  223  July 1, 2012.
  224         (c) Notwithstanding paragraph (a), and for the 2011-2012
  225  fiscal year only, the Department of Transportation shall fund
  226  airport development projects specified in the General
  227  Appropriations Act and, unless requested by the airport sponsor,
  228  may not reduce, delete, or defer any existing projects funded as
  229  of July 1, 2011, in the Department of Transportation’s 5-year
  230  work program. This paragraph expires July 1, 2012.
  231         Reviser’s note.—Paragraph (4)(a) is amended to delete
  232         subparagraphs 3. and 4. Subsection (5) is amended to delete
  233         paragraphs (b) and (c). The deleted subunits expired
  234         pursuant to their own terms, effective July 1, 2012.
  235         Section 8. Subsection (3) of section 394.908, Florida
  236  Statutes, is amended to read:
  237         394.908 Substance abuse and mental health funding equity;
  238  distribution of appropriations.—In recognition of the historical
  239  inequity in the funding of substance abuse and mental health
  240  services for the department’s districts and regions and to
  241  rectify this inequity and provide for equitable funding in the
  242  future throughout the state, the following funding process shall
  243  be used:
  244         (3)(a) Any additional funding beyond the 2005-2006 fiscal
  245  year base appropriation for alcohol, drug abuse, and mental
  246  health services shall be allocated to districts for substance
  247  abuse and mental health services based on:
  248         (a)1. Epidemiological estimates of disabilities that apply
  249  to the respective priority populations.
  250         (b)2. A pro rata share distribution that ensures districts
  251  below the statewide average funding level per individual in each
  252  priority population of “individuals in need” receive funding
  253  necessary to achieve equity.
  254         (b) Notwithstanding paragraph (a) and for the 2011-2012
  255  fiscal year only, funds appropriated for forensic mental health
  256  treatment services shall be allocated to the areas of the state
  257  having the greatest demand for services and treatment capacity.
  258  This paragraph expires July 1, 2012.
  259         (c) Notwithstanding paragraph (a) and for the 2011-2012
  260  fiscal year only, additional funds appropriated for substance
  261  abuse and mental health services from funds available through
  262  the Community-Based Medicaid Administrative Claiming Program
  263  shall be allocated as provided in the 2010-2011 General
  264  Appropriations Act and in proportion to contributed provider
  265  earnings. This paragraph expires July 1, 2012.
  266         Reviser’s note.—Amended to delete paragraphs (b) and (c), which
  267         expired pursuant to their own terms, effective July 1,
  268         2012.
  269         Section 9. Paragraph (i) of subsection (2) of section
  270  401.465, Florida Statutes, is repealed.
  271         Reviser’s note.—The cited paragraph, which requires
  272         establishment by rule of a procedure for the initial
  273         certification of specified 911 public safety
  274         telecommunicators, expired pursuant to its own terms,
  275         effective October 1, 2012.
  276         Section 10. Subsection (3) of section 406.61, Florida
  277  Statutes, is repealed.
  278         Reviser’s note.—The cited subsection, which relates to
  279         documentation of legal acquisition for certain plastinated
  280         bodies by accredited museum entities, expired pursuant to
  281         its own terms, effective January 1, 2012.
  282         Section 11. Paragraph (d) of subsection (7) of section
  283  893.055, Florida Statutes, is amended to read:
  284         893.055 Prescription drug monitoring program.—
  285         (7)
  286         (d) Department staff, for the purpose of calculating
  287  performance measures pursuant to subsection (8), The following
  288  entities shall not be allowed direct access to information in
  289  the prescription drug monitoring program database but may
  290  request from the program manager and, when authorized by the
  291  program manager, the program manager’s program and support
  292  staff, information that contains no identifying information of
  293  any patient, physician, health care practitioner, prescriber, or
  294  dispenser and that is not confidential and exempt:
  295         1.department staff for the purpose of calculating
  296  performance measures pursuant to subsection (8).
  297         2. The Program Implementation and Oversight Task Force for
  298  its reporting to the Governor, the President of the Senate, and
  299  the Speaker of the House of Representatives regarding the
  300  prescription drug monitoring program. This subparagraph expires
  301  July 1, 2012.
  302         Reviser’s note.—Amended to delete subparagraph 2., which expired
  303         pursuant to its own terms, effective July 1, 2012.
  304         Section 12. Subsection (8) of section 946.515, Florida
  305  Statutes, is repealed.
  306         Reviser’s note.—The cited subsection, which requires each state
  307         agency to submit a report on June 30, 2012, listing
  308         products or services obtained from a source other than the
  309         nonprofit corporation authorized to operate correctional
  310         work programs, expired pursuant to its own terms, effective
  311         July 1, 2012.
  312         Section 13. Section 1010.10, Florida Statutes, is repealed.
  313         Reviser’s note.—The cited section, the Florida Uniform
  314         Management of Institutional Funds Act, was repealed by s.
  315         3, ch. 2011-170, Laws of Florida, effective July 1, 2012.
  316         Since the section was not repealed by a “current session”
  317         of the Legislature, it may be omitted from the 2013 Florida
  318         Statutes only through a reviser’s bill duly enacted by the
  319         Legislature. See s. 11.242(5)(b) and (i).
  320         Section 14. Subsection (8) of section 220.02, Florida
  321  Statutes, is amended to read:
  322         220.02 Legislative intent.—
  323         (8) It is the intent of the Legislature that credits
  324  against either the corporate income tax or the franchise tax be
  325  applied in the following order: those enumerated in s. 631.828,
  326  those enumerated in s. 220.191, those enumerated in s. 220.181,
  327  those enumerated in s. 220.183, those enumerated in s. 220.182,
  328  those enumerated in s. 220.1895, those enumerated in s. 220.195,
  329  those enumerated in s. 220.184, those enumerated in s. 220.186,
  330  those enumerated in s. 220.1845, those enumerated in s. 220.19,
  331  those enumerated in s. 220.185, those enumerated in s. 220.1875,
  332  those enumerated in s. 220.192, those enumerated in s. 220.193,
  333  those enumerated in s. 288.9916, those enumerated in s.
  334  220.1899, those enumerated in s. 220.1896, those enumerated in
  335  s. 220.194, and those enumerated in s. 220.196.
  336         Reviser’s note.—Amended to conform to the repeal of s. 220.1896
  337         by this act.
  338         Section 15. This act shall take effect on the 60th day
  339  after adjournment sine die of the session of the Legislature in
  340  which enacted.
  341