Florida Senate - 2014                                     SB 934
       
       
        
       By Senator Thrasher
       
       
       
       
       
       6-01628-14                                             2014934__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         11.45, 17.20, 20.60, 27.5112, 27.7081, 28.22205,
    4         39.701, 104.0616, 106.011, 106.0703, 110.131, 112.19,
    5         112.191, 112.1915, 112.3215, 112.324, 117.05, 120.74,
    6         120.81, 122.01, 122.22, 122.28, 163.3187, 163.3246,
    7         196.075, 206.414, 206.606, 215.618, 215.89, 243.52,
    8         253.034, 253.66, 255.60, 259.037, 259.105, 265.601,
    9         265.603, 285.18, 287.064, 287.135, 288.001, 288.11621,
   10         288.7015, 288.9918, 290.00726, 290.00727, 290.00728,
   11         290.00729, 290.00731, 290.0074, 316.305, 318.14,
   12         318.1451, 319.21, 319.30, 322.12, 322.143, 322.21,
   13         322.292, 326.004, 334.065, 339.135, 366.04, 366.11,
   14         366.80, 366.81, 366.82, 366.83, 366.94, 373.036,
   15         373.0363, 373.4145, 373.4592, 373.59, 375.313,
   16         376.011, 376.3078, 379.333, 379.3511, 381.911,
   17         382.009, 383.16, 383.17, 383.18, 383.19, 391.025,
   18         394.9084, 400.471, 400.960, 401.27, 403.061, 403.804,
   19         403.9338, 409.1451, 409.907, 409.9082, 409.981,
   20         411.203, 420.5087, 420.622, 429.14, 430.207, 443.091,
   21         443.1216, 443.131, 443.141, 445.007, 455.2274,
   22         456.001, 456.056, 458.3115, 464.0196, 475.617,
   23         497.005, 499.001, 499.0121, 509.302, 513.1115, 553.79,
   24         553.80, 562.45, 565.03, 570.964, 590.02, 605.0109,
   25         605.04092, 605.0711, 605.0714, 605.0904, 605.0905,
   26         605.0907, 605.0912, 605.1006, 605.1033, 605.1041,
   27         605.1103, 610.108, 610.119, 617.0601, 620.8503,
   28         624.91, 627.351, 627.3518, 627.642, 627.6515,
   29         627.6562, 627.657, 627.6686, 633.102, 633.216,
   30         633.316, 633.408, 634.283, 641.31098, 658.27, 658.995,
   31         713.78, 871.015, 893.055, 893.1495, 943.0585, 943.059,
   32         945.091, 951.23, 1002.20, 1002.34, 1002.41, 1002.45,
   33         1002.83, 1002.84, 1002.89, 1003.49, 1003.52, 1006.15,
   34         1006.282, 1006.73, 1008.44, 1011.61, 1011.80, and
   35         1013.12, F.S.; reenacting ss. 323.002 and 718.301,
   36         F.S.; reenacting and amending s. 1009.22, F.S.; and
   37         repealing ss. 408.914, 408.915, 408.916, and 420.151,
   38         F.S.; deleting provisions that have expired, have
   39         become obsolete, have had their effect, have served
   40         their purpose, or have been impliedly repealed or
   41         superseded; replacing incorrect cross-references and
   42         citations; correcting grammatical, typographical, and
   43         like errors; removing inconsistencies, redundancies,
   44         and unnecessary repetition in the statutes; improving
   45         the clarity of the statutes and facilitating their
   46         correct interpretation; and confirming the restoration
   47         of provisions unintentionally omitted from
   48         republication in the acts of the Legislature during
   49         the amendatory process; providing an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraph (i) of subsection (7) of section
   54  11.45, Florida Statutes, is amended to read:
   55         11.45 Definitions; duties; authorities; reports; rules.—
   56         (7) AUDITOR GENERAL REPORTING REQUIREMENTS.—
   57         (i) Beginning in 2012, The Auditor General shall annually
   58  transmit by July 15, to the President of the Senate, the Speaker
   59  of the House of Representatives, and the Department of Financial
   60  Services, a list of all school districts, charter schools,
   61  charter technical career centers, Florida College System
   62  institutions, state universities, and water management districts
   63  that have failed to comply with the transparency requirements as
   64  identified in the audit reports reviewed pursuant to paragraph
   65  (b) and those conducted pursuant to subsection (2).
   66         Reviser’s note.—Amended to delete an obsolete provision.
   67         Section 2. Subsections (4) and (5) of section 17.20,
   68  Florida Statutes, are amended to read:
   69         17.20 Assignment of claims for collection.—
   70         (4) Beginning October 1, 2010, and Each October 1
   71  thereafter, each agency shall submit a report to the President
   72  of the Senate, the Speaker of the House of Representatives, and
   73  the Chief Financial Officer which includes:
   74         (a) A detailed list and total of all accounts that were
   75  referred for collection and the status of such accounts,
   76  including the date referred, any amounts collected, and the
   77  total that remains uncollected.
   78         (b) A list and total of all delinquent accounts that were
   79  not referred to a collection agency, the reasons for not
   80  referring those accounts, and the actions taken by the agency to
   81  collect.
   82         (c) A list of all accounts or claims, including a
   83  description and the total amount of each account or claim, which
   84  were written off or waived by the agency for any reason during
   85  the prior fiscal year, the reason for being written off, and
   86  whether any of those accounts continue to be pursued by a
   87  collection agent.
   88         (5) Beginning December 1, 2010, and Each December 1
   89  thereafter, the Chief Financial Officer shall provide to the
   90  Governor, the President of the Senate, and the Speaker of the
   91  House of Representatives a report that details the following
   92  information for any contracted collection agent:
   93         (a) The amount of claims referred for collection by each
   94  agency, cumulatively and annually.
   95         (b) The number of accounts by age and amount.
   96         (c) A listing of those agencies that failed to report known
   97  claims to the Chief Financial Officer in a timely manner as
   98  prescribed in subsection (3).
   99         (d) The total amount of claims collected, cumulatively and
  100  annually.
  101         Reviser’s note.—Amended to delete obsolete provisions.
  102         Section 3. Paragraph (c) of subsection (5) of section
  103  20.60, Florida Statutes, is amended to read:
  104         20.60 Department of Economic Opportunity; creation; powers
  105  and duties.—
  106         (5) The divisions within the department have specific
  107  responsibilities to achieve the duties, responsibilities, and
  108  goals of the department. Specifically:
  109         (c) The Division of Workforce Services shall:
  110         1. Prepare and submit a unified budget request for
  111  workforce development in accordance with chapter 216 for, and in
  112  conjunction with, Workforce Florida, Inc., and its board.
  113         2. Ensure that the state appropriately administers federal
  114  and state workforce funding by administering plans and policies
  115  of Workforce Florida, Inc., under contract with Workforce
  116  Florida, Inc. The operating budget and midyear amendments
  117  thereto must be part of such contract.
  118         a. All program and fiscal instructions to regional
  119  workforce boards shall emanate from the Department of Economic
  120  Opportunity pursuant to plans and policies of Workforce Florida,
  121  Inc., which shall be responsible for all policy directions to
  122  the regional workforce boards.
  123         b. Unless otherwise provided by agreement with Workforce
  124  Florida, Inc., administrative and personnel policies of the
  125  Department of Economic Opportunity shall apply.
  126         3. Implement the state’s reemployment assistance program.
  127  The Department of Economic Opportunity shall ensure that the
  128  state appropriately administers the reemployment assistance
  129  program pursuant to state and federal law.
  130         4. Assist in developing the 5-year statewide strategic plan
  131  required by this section.
  132         Reviser’s note.—The word “development” was inserted to conform
  133         to the language which was derived from s. 20.50(2)(b),
  134         Florida Statutes 2010, in the 2011 reorganization bill.
  135         Section 4. Subsection (3) of section 27.5112, Florida
  136  Statutes, is amended to read:
  137         27.5112 Electronic filing and receipt of court documents.—
  138         (3) The Florida Public Defender Association shall file a
  139  report with the President of the Senate and the Speaker of the
  140  House of Representatives by March 1, 2012, describing the
  141  progress that each office of the public defender has made to use
  142  the Florida Courts E-Portal or, if the case type is not approved
  143  for the Florida Courts E-Portal, separate clerks’ offices
  144  portals for purposes of electronic filing and documenting
  145  receipt of court documents. For any office of the public
  146  defender that has not fully implemented an electronic filing and
  147  receipt system by March 1, 2012, the report must also include a
  148  description of the additional activities that are needed to
  149  complete the system for that office and the projected time
  150  necessary to complete the additional activities.
  151         Reviser’s note.—Amended to delete an obsolete provision.
  152         Section 5. Paragraph (e) of subsection (6) of section
  153  27.7081, Florida Statutes, is amended to read:
  154         27.7081 Capital postconviction public records production.—
  155         (6) ACTION UPON RECEIPT OF NOTICE OF MANDATE.—
  156         (e) Within 90 days after receipt of written notification of
  157  the mandate from the Attorney General, each additional person or
  158  agency identified pursuant to paragraph (5)(b) or paragraph
  159  (5)(c) shall copy, index, and deliver to the records repository
  160  all public records which were produced during the prosecution of
  161  the case. The person or agency shall bear the costs. The person
  162  or agency shall provide written notification to the Attorney
  163  General of compliance with this paragraph subdivision and shall
  164  certify, to the best of the person or agency’s knowledge and
  165  belief, all such public records in the possession of the person
  166  or agency have been copied, indexed, and delivered to the
  167  records repository.
  168         Reviser’s note.—Amended to confirm the editorial substitution of
  169         the word “paragraph” for the word “subdivision” to improve
  170         clarity.
  171         Section 6. Section 28.22205, Florida Statutes, is amended
  172  to read:
  173         28.22205 Electronic filing process.—Each clerk of court
  174  shall implement an electronic filing process. The purpose of the
  175  electronic filing process is to reduce judicial costs in the
  176  office of the clerk and the judiciary, increase timeliness in
  177  the processing of cases, and provide the judiciary with case
  178  related information to allow for improved judicial case
  179  management. The Legislature requests that, no later than July 1,
  180  2009, the Supreme Court set statewide standards for electronic
  181  filing to be used by the clerks of court to implement electronic
  182  filing. The standards should specify the required information
  183  for the duties of the clerks of court and the judiciary for case
  184  management. The clerks of court shall begin implementation no
  185  later than October 1, 2009. The Florida Clerks of Court
  186  Operations Corporation shall report to the President of the
  187  Senate and the Speaker of the House of Representatives by March
  188  1, 2010, on the status of implementing electronic filing. The
  189  report shall include the detailed status of each clerk office’s
  190  implementation of an electronic filing process, and for those
  191  clerks who have not fully implemented electronic filing by March
  192  1, 2010, a description of the additional steps needed and a
  193  projected timeline for full implementation. Revenues provided to
  194  counties and the clerk of court under s. 28.24(12)(e) for
  195  information technology may also be used to implement electronic
  196  filing processes.
  197         Reviser’s note.—Amended to delete an obsolete provision.
  198         Section 7. Paragraph (c) of subsection (3) of section
  199  39.701, Florida Statutes, is amended to read:
  200         39.701 Judicial review.—
  201         (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
  202         (c) If the court finds at the judicial review hearing that
  203  the department has not met with its obligations to the child as
  204  stated in the written case plan or in the provision of
  205  independent living services, the court may issue an order
  206  directing the department to show cause as to why it has not done
  207  so. If the department cannot justify its noncompliance, the
  208  court may give the department 30 days within which to comply. If
  209  the department fails to comply within 30 days, the court may
  210  hold the department in contempt.
  211         Reviser’s note.—Amended to confirm the editorial deletion of the
  212         word “with.”
  213         Section 8. Subsection (2) of section 104.0616, Florida
  214  Statutes, is amended to read:
  215         104.0616 Absentee ballots and voting; violations.—
  216         (2) Any person who provides or offers to provide, and any
  217  person who accepts, a pecuniary or other benefit in exchange for
  218  distributing, ordering, requesting, collecting, delivering, or
  219  otherwise physically possessing more than two absentee ballots
  220  per election in addition to his or her own ballot or a ballot
  221  belonging to an immediate family member, except as provided in
  222  ss. 101.6105-101.694 101.6105-101.695, commits a misdemeanor of
  223  the first degree, punishable as provided in s. 775.082, s.
  224  775.083, or s. 775.084.
  225         Reviser’s note.—Amended to conform to the transfer of s. 101.695
  226         to s. 97.065 by s. 42, ch. 65-380, Laws of Florida, and the
  227         further transfer of s. 97.065 to s. 101.665 by s. 17, ch.
  228         94-224, Laws of Florida.
  229         Section 9. Subsection (15) of section 106.011, Florida
  230  Statutes, is amended to read:
  231         106.011 Definitions.—As used in this chapter, the following
  232  terms have the following meanings unless the context clearly
  233  indicates otherwise:
  234         (15) “Political advertisement” means a paid expression in a
  235  communications medium media prescribed in subsection (4),
  236  whether radio, television, newspaper, magazine, periodical,
  237  campaign literature, direct mail, or display or by means other
  238  than the spoken word in direct conversation, which expressly
  239  advocates the election or defeat of a candidate or the approval
  240  or rejection of an issue. However, political advertisement does
  241  not include:
  242         (a) A statement by an organization, in existence before the
  243  time during which a candidate qualifies or an issue is placed on
  244  the ballot for that election, in support of or opposition to a
  245  candidate or issue, in that organization’s newsletter, which
  246  newsletter is distributed only to the members of that
  247  organization.
  248         (b) Editorial endorsements by a newspaper, a radio or
  249  television station, or any other recognized news medium.
  250         Reviser’s note.—Amended to confirm the editorial substitution of
  251         the word “medium” for the word “media” to conform to
  252         context.
  253         Section 10. Paragraph (a) of subsection (2) of section
  254  106.0703, Florida Statutes, is amended to read:
  255         106.0703 Electioneering communications organizations;
  256  reporting requirements; certification and filing; penalties.—
  257         (2)(a) Except as provided in s. 106.0705, the reports
  258  required of an electioneering communications organization shall
  259  be filed with the filing officer not later than 5 p.m. of the
  260  day designated. However, any report postmarked by the United
  261  States Postal Service no later than midnight of the day
  262  designated is deemed to have been filed in a timely manner. Any
  263  report received by the filing officer within 5 days after the
  264  designated due date that was delivered by the United States
  265  Postal Service is be deemed timely filed unless it has a
  266  postmark that indicates that the report was mailed after the
  267  designated due date. A certificate of mailing obtained from and
  268  dated by the United States Postal Service at the time of
  269  mailing, or a receipt from an established courier company, which
  270  bears a date on or before the date on which the report is due,
  271  suffices as proof of mailing in a timely manner. Reports other
  272  than daily reports must contain information on all previously
  273  unreported contributions received and expenditures made as of
  274  the preceding Friday, except that the report filed on the Friday
  275  immediately preceding the election must contain information on
  276  all previously unreported contributions received and
  277  expenditures made as of the day preceding the designated due
  278  date; daily reports must contain information on all previously
  279  unreported contributions received as of the preceding day. All
  280  such reports are open to public inspection.
  281         Reviser’s note.—Amended to confirm the editorial deletion of the
  282         word “be.”
  283         Section 11. Subsection (4) of section 110.131, Florida
  284  Statutes, is amended to read:
  285         110.131 Other-personal-services employment.—
  286         (4) Beginning August 15, 2012, and Each August 15
  287  thereafter, each agency employing an individual in other
  288  personal-services employment shall submit a report to the
  289  Executive Office of the Governor and to the chairs of the
  290  legislative appropriations committees containing the following
  291  information for the previous fiscal year ending June 30, 2012,
  292  and each June 30 thereafter:
  293         (a) The total number of individuals serving in other
  294  personal-services employment.
  295         (b) The type of employment, average pay, and total number
  296  of hours worked for each individual serving in other-personal
  297  services employment.
  298         Reviser’s note.—Amended to delete obsolete provisions.
  299         Section 12. Subsection (3) of section 112.19, Florida
  300  Statutes, as amended by section 1 of chapter 2002-191, Laws of
  301  Florida, as amended by section 14 of chapter 2004-357, Laws of
  302  Florida, as reenacted by section 5 of chapter 2005-100, Laws of
  303  Florida, is amended to read:
  304         112.19 Law enforcement, correctional, and correctional
  305  probation officers; death benefits.—
  306         (3) If a law enforcement, correctional, or correctional
  307  probation officer is accidentally killed as specified in
  308  paragraph (2)(b) on or after June 22, 1990, or unlawfully and
  309  intentionally killed as specified in paragraph (2)(c) on or
  310  after July 1, 1980, the state shall waive certain educational
  311  expenses that the child or spouse of the deceased officer incurs
  312  while obtaining a career certificate, an undergraduate
  313  education, or a postgraduate education. The amount waived by the
  314  state shall be an amount equal to the cost of tuition and
  315  matriculation and registration fees for a total of 120 credit
  316  hours. The child or spouse may attend a state career center, a
  317  Florida College System institution state community college, or a
  318  state university. The child or spouse may attend any or all of
  319  the institutions specified in this subsection, on either a full
  320  time or part-time basis. The benefits provided to a child under
  321  this subsection shall continue until the child’s 25th birthday.
  322  The benefits provided to a spouse under this subsection must
  323  commence within 5 years after the death occurs, and entitlement
  324  thereto shall continue until the 10th anniversary of that death.
  325         (a) Upon failure of any child or spouse benefited by the
  326  provisions of this subsection to comply with the ordinary and
  327  minimum requirements of the institution attended, both as to
  328  discipline and scholarship, the benefits shall be withdrawn as
  329  to the child or spouse and no further moneys may be expended for
  330  the child’s or spouse’s benefits so long as such failure or
  331  delinquency continues.
  332         (b) Only a student in good standing in his or her
  333  respective institution may receive the benefits thereof.
  334         (c) A child or spouse receiving benefits under this
  335  subsection must be enrolled according to the customary rules and
  336  requirements of the institution attended.
  337         Reviser’s note.—Amended to conform a reference to a state
  338         community college to changes in chs. 2008-52 and 2009-228,
  339         Laws of Florida, transitioning references from community
  340         colleges to Florida College System institutions.
  341         Section 13. Subsection (3) of section 112.19, Florida
  342  Statutes, as amended by section 1 of chapter 2002-232, Laws of
  343  Florida, as amended by section 9 of chapter 2003-1, Laws of
  344  Florida, as amended by section 15 of chapter 2004-357, Laws of
  345  Florida, as reenacted by section 6 of chapter 2005-100, Laws of
  346  Florida, is amended to read:
  347         112.19 Law enforcement, correctional, and correctional
  348  probation officers; death benefits.—
  349         (3) If a law enforcement, correctional, or correctional
  350  probation officer is accidentally killed as specified in
  351  paragraph (2)(b) on or after June 22, 1990, or unlawfully and
  352  intentionally killed as specified in paragraph (2)(c) on or
  353  after July 1, 1980, the state shall waive certain educational
  354  expenses that children of the deceased officer incur while
  355  obtaining a career certificate, an undergraduate education, or a
  356  graduate or postbaccalaureate professional degree. The amount
  357  waived by the state shall be an amount equal to the cost of
  358  tuition, matriculation, and other statutorily authorized fees
  359  for a total of 120 credit hours for a career certificate or an
  360  undergraduate education. For a child pursuing a graduate or
  361  postbaccalaureate professional degree, the amount waived shall
  362  equal the cost of matriculation and other statutorily authorized
  363  fees incurred while the child continues to fulfill the
  364  professional requirements associated with the graduate or
  365  postbaccalaureate professional degree program, and eligibility
  366  continues until the child’s 29th birthday. The child may attend
  367  a state career center, a Florida College System institution
  368  state community college, or a state university. The child may
  369  attend any or all of the institutions specified in this
  370  subsection, on either a full-time or part-time basis. For a
  371  child pursuing a career certificate or an undergraduate
  372  education, the benefits provided under this subsection shall
  373  continue to the child until the child’s 25th birthday. To be
  374  eligible for the benefits provided under this subsection for
  375  enrollment in a graduate or postbaccalaureate professional
  376  degree program, the child must be a state resident, as defined
  377  in s. 1009.21, at the time of enrollment.
  378         (a) Upon failure of any child benefited by the provisions
  379  of this section to comply with the ordinary and minimum
  380  requirements of the institution attended, both as to discipline
  381  and scholarship, the benefits shall be withdrawn as to the child
  382  and no further moneys may be expended for the child’s benefits
  383  so long as such failure or delinquency continues.
  384         (b) Only a student in good standing in his or her
  385  respective institution may receive the benefits thereof.
  386         (c) A child receiving benefits under this section must be
  387  enrolled according to the customary rules and requirements of
  388  the institution attended.
  389         Reviser’s note.—Amended to conform a reference to a state
  390         community college to changes in chs. 2008-52 and 2009-228,
  391         Laws of Florida, transitioning references from community
  392         colleges to Florida College System institutions.
  393         Section 14. Subsection (3) of section 112.191, Florida
  394  Statutes, as amended by section 2 of chapter 2002-191, Laws of
  395  Florida, as amended by section 16 of chapter 2004-357, Laws of
  396  Florida, is amended to read:
  397         112.191 Firefighters; death benefits.—
  398         (3) If a firefighter is accidentally killed as specified in
  399  paragraph (2)(b) on or after June 22, 1990, or unlawfully and
  400  intentionally killed as specified in paragraph (2)(c), on or
  401  after July 1, 1980, the state shall waive certain educational
  402  expenses that the child or spouse of the deceased firefighter
  403  incurs while obtaining a career certificate, an undergraduate
  404  education, or a postgraduate education. The amount waived by the
  405  state shall be an amount equal to the cost of tuition and
  406  matriculation and registration fees for a total of 120 credit
  407  hours. The child or spouse may attend a state career center, a
  408  Florida College System institution state community college, or a
  409  state university. The child or spouse may attend any or all of
  410  the institutions specified in this subsection, on either a full
  411  time or part-time basis. The benefits provided to a child under
  412  this subsection shall continue until the child’s 25th birthday.
  413  The benefits provided to a spouse under this subsection must
  414  commence within 5 years after the death occurs, and entitlement
  415  thereto shall continue until the 10th anniversary of that death.
  416         (a) Upon failure of any child or spouse benefited by the
  417  provisions of this subsection to comply with the ordinary and
  418  minimum requirements of the institution attended, both as to
  419  discipline and scholarship, the benefits thereof shall be
  420  withdrawn as to the child or spouse and no further moneys
  421  expended for the child’s or spouse’s benefits so long as such
  422  failure or delinquency continues.
  423         (b) Only students in good standing in their respective
  424  institutions shall receive the benefits thereof.
  425         (c) A child or spouse receiving benefits under this
  426  subsection must be enrolled according to the customary rules and
  427  requirements of the institution attended.
  428         Reviser’s note.—Amended to conform a reference to a state
  429         community college to changes in chs. 2008-52 and 2009-228,
  430         Laws of Florida, transitioning references from community
  431         colleges to Florida College System institutions.
  432         Section 15. Subsection (3) of section 112.191, Florida
  433  Statutes, as amended by section 2 of chapter 2002-232, Laws of
  434  Florida, as amended by section 10 of chapter 2003-1, Laws of
  435  Florida, as amended by section 17 of chapter 2004-357, Laws of
  436  Florida, is amended to read:
  437         112.191 Firefighters; death benefits.—
  438         (3) If a firefighter is accidentally killed as specified in
  439  paragraph (2)(b) on or after June 22, 1990, or unlawfully and
  440  intentionally killed as specified in paragraph (2)(c), on or
  441  after July 1, 1980, the state shall waive certain educational
  442  expenses that children of the deceased firefighter incur while
  443  obtaining a career certificate, an undergraduate education, or a
  444  graduate or postbaccalaureate professional degree. The amount
  445  waived by the state shall be an amount equal to the cost of
  446  tuition, matriculation, and other statutorily authorized fees
  447  for a total of 120 credit hours for a career certificate or an
  448  undergraduate education. For a child pursuing a graduate or
  449  postbaccalaureate professional degree, the amount waived shall
  450  equal the cost of matriculation and other statutorily authorized
  451  fees incurred while the child continues to fulfill the
  452  professional requirements associated with the graduate or
  453  postbaccalaureate professional degree program, and eligibility
  454  continues until the child’s 29th birthday. The child may attend
  455  a state career center, a Florida College System institution
  456  state community college, or a state university. The child may
  457  attend any or all of the institutions specified in this
  458  subsection, on either a full-time or part-time basis. For a
  459  child pursuing a career certificate or an undergraduate
  460  education, the benefits provided under this subsection shall
  461  continue to such a child until the child’s 25th birthday. To be
  462  eligible for the benefits provided under this subsection for
  463  enrollment in a graduate or postbaccalaureate professional
  464  degree program, the child must be a state resident, as defined
  465  in s. 1009.21, at the time of enrollment.
  466         (a) Upon failure of any child benefited by the provisions
  467  of this section to comply with the ordinary and minimum
  468  requirements of the institution attended, both as to discipline
  469  and scholarship, the benefits thereof shall be withdrawn as to
  470  the child and no further moneys expended for the child’s
  471  benefits so long as such failure or delinquency continues.
  472         (b) Only students in good standing in their respective
  473  institutions shall receive the benefits thereof.
  474         (c) All children receiving benefits under this section
  475  shall be enrolled according to the customary rules and
  476  requirements of the institution attended.
  477         Reviser’s note.—Amended to conform a reference to a state
  478         community college to changes in chs. 2008-52 and 2009-228,
  479         Laws of Florida, transitioning references from community
  480         colleges to Florida College System institutions.
  481         Section 16. Paragraph (d) of subsection (3) of section
  482  112.1915, Florida Statutes, is amended to read:
  483         112.1915 Teachers and school administrators; death
  484  benefits.—Any other provision of law to the contrary
  485  notwithstanding:
  486         (3) If a teacher or school administrator dies under the
  487  conditions in subsection (2), benefits shall be provided as
  488  follows:
  489         (d) Waiver of certain educational expenses which children
  490  of the deceased teacher or school administrator incur while
  491  obtaining a career certificate or an undergraduate education
  492  shall be according to conditions set forth in this paragraph.
  493  The amount waived by the state shall be an amount equal to the
  494  cost of tuition and matriculation and registration fees for a
  495  total of 120 credit hours at a university. The child may attend
  496  a state career center, a Florida College System institution
  497  state community college, or a state university. The child may
  498  attend any or all of the institutions specified in this
  499  paragraph, on either a full-time or part-time basis. The
  500  benefits provided under this paragraph shall continue to the
  501  child until the child’s 25th birthday.
  502         1. Upon failure of any child benefited by the provisions of
  503  this paragraph to comply with the ordinary and minimum
  504  requirements of the institution attended, both as to discipline
  505  and scholarship, the benefits shall be withdrawn as to the child
  506  and no further moneys may be expended for the child’s benefits
  507  so long as such failure or delinquency continues.
  508         2. A student who becomes eligible for benefits under the
  509  provisions of this paragraph while enrolled in an institution
  510  must be in good standing with the institution to receive the
  511  benefits provided herein.
  512         3. A child receiving benefits under this paragraph must be
  513  enrolled according to the customary rules and requirements of
  514  the institution attended.
  515         Reviser’s note.—Amended to conform a reference to a state
  516         community college to changes in chs. 2008-52 and 2009-228,
  517         Laws of Florida, transitioning references from community
  518         colleges to Florida College System institutions.
  519         Section 17. Subsection (10) of section 112.3215, Florida
  520  Statutes, is amended to read:
  521         112.3215 Lobbying before the executive branch or the
  522  Constitution Revision Commission; registration and reporting;
  523  investigation by commission.—
  524         (10) If the Governor and Cabinet find that a violation
  525  occurred, the Governor and Cabinet it may reprimand the
  526  violator, censure the violator, or prohibit the violator from
  527  lobbying all agencies for a period not to exceed 2 years. If the
  528  violator is a lobbying firm, lobbyist, or principal, the
  529  Governor and Cabinet may also assess a fine of not more than
  530  $5,000 to be deposited in the Executive Branch Lobby
  531  Registration Trust Fund.
  532         Reviser’s note.—Amended to confirm the editorial substitution of
  533         the words “the Governor and Cabinet” for the word “it” to
  534         improve clarity.
  535         Section 18. Paragraph (a) of subsection (1) of section
  536  112.324, Florida Statutes, is amended to read:
  537         112.324 Procedures on complaints of violations and
  538  referrals; public records and meeting exemptions.—
  539         (1) The commission shall investigate an alleged violation
  540  of this part or other alleged breach of the public trust within
  541  the jurisdiction of the commission as provided in s. 8(f), Art.
  542  II of the State Constitution:
  543         (a) Upon a written complaint executed on a form prescribed
  544  by the commission and signed under oath or of affirmation by any
  545  person; or
  546  
  547  Within 5 days after receipt of a complaint by the commission or
  548  a determination by at least six members of the commission that
  549  the referral received is deemed sufficient, a copy shall be
  550  transmitted to the alleged violator.
  551         Reviser’s note.—Amended to confirm the editorial substitution of
  552         the word “or” for the word “of” to conform to context.
  553         Section 19. Paragraph (b) of subsection (3) of section
  554  117.05, Florida Statutes, is amended to read:
  555         117.05 Use of notary commission; unlawful use; notary fee;
  556  seal; duties; employer liability; name change; advertising;
  557  photocopies; penalties.—
  558         (3)
  559         (b) Any notary public whose term of appointment extends
  560  beyond January 1, 1992, is required to use a rubber stamp type
  561  notary public seal on paper documents only upon reappointment on
  562  or after January 1, 1992.
  563         Reviser’s note.—Amended to delete an obsolete provision.
  564         Section 20. Subsections (2), (3), and (4) of section
  565  120.74, Florida Statutes, are amended to read:
  566         120.74 Agency review, revision, and report.—
  567         (2) Beginning October 1, 1997, and By October 1 of every
  568  other year thereafter, the head of each agency shall file a
  569  report with the President of the Senate, the Speaker of the
  570  House of Representatives, and the committee, with a copy to each
  571  appropriate standing committee of the Legislature, which
  572  certifies that the agency has complied with the requirements of
  573  this section. The report must specify any changes made to its
  574  rules as a result of the review and, when appropriate, recommend
  575  statutory changes that will promote efficiency, reduce
  576  paperwork, or decrease costs to government and the private
  577  sector. The report must specifically address the economic impact
  578  of the rules on small business. The report must identify the
  579  types of cases or disputes in which the agency is involved which
  580  should be conducted under the summary hearing process described
  581  in s. 120.574.
  582         (3) Beginning in 2012, and No later than July 1 of each
  583  year, each agency shall file with the President of the Senate,
  584  the Speaker of the House of Representatives, and the committee a
  585  regulatory plan identifying and describing each rule the agency
  586  proposes to adopt for the 12-month period beginning on the July
  587  1 reporting date and ending on the subsequent June 30, excluding
  588  emergency rules.
  589         (4) For the year 2011, the certification required in
  590  subsection (2) may omit any information included in the reports
  591  provided under s. 120.745. Reporting under subsections (1) and
  592  (2) shall be suspended for the year 2013, but required reporting
  593  under those subsections shall resume in 2015 and biennially
  594  thereafter.
  595         Reviser’s note.—Amended to delete obsolete provisions.
  596         Section 21. Paragraph (c) of subsection (1) of section
  597  120.81, Florida Statutes, is amended to read:
  598         120.81 Exceptions and special requirements; general areas.—
  599         (1) EDUCATIONAL UNITS.—
  600         (c) Notwithstanding s. 120.52(16), any tests, test scoring
  601  criteria, or testing procedures relating to student assessment
  602  which are developed or administered by the Department of
  603  Education pursuant to s. 1003.428, s. 1003.429, s. 1003.438, s.
  604  1008.22, or s. 1008.25, or any other statewide educational tests
  605  required by law, are not rules.
  606         Reviser’s note.—Amended to conform to the repeal of s. 1003.429
  607         by s. 20, ch. 2013-27, Laws of Florida.
  608         Section 22. Paragraph (a) of subsection (4) of section
  609  122.01, Florida Statutes, is amended to read:
  610         122.01 State and County Officers and Employees’ Retirement
  611  System; consolidation; divisions.—
  612         (4)(a) The State and County Officers and Employees’
  613  Retirement System shall be deemed to be divided into two
  614  divisions to be designated division A and division B.
  615         1. Division A of this system shall consist of those members
  616  of the system who were employed prior to July 1, 1963, who did
  617  not elect to become members of division B; and ss. 122.01-122.12
  618  122.01-122.13, 122.15, 122.16, 122.18 to 122.20, inclusive and
  619  ss. 122.34 to 122.35, inclusive shall control with respect to
  620  division A and membership therein.
  621         2. Division B of this system, established for the purposes
  622  and within the contemplation of s. 218(d)(6) of the federal
  623  Social Security Act [42 U.S.C.A. s. 418(d)(6)] for the purpose
  624  of affording to the members of said division B the opportunity
  625  to obtain federal social security coverage, shall consist of
  626  those members of the system who elected to or were required to
  627  become members of division B, as hereinafter provided, and ss.
  628  122.21-122.24, 122.26 to 122.321 shall control with respect to
  629  division B and membership therein.
  630         Reviser’s note.—Amended to conform to the repeal of s. 122.13 by
  631         s. 12, ch. 2004-234, Laws of Florida.
  632         Section 23. Section 122.22, Florida Statutes, is amended to
  633  read:
  634         122.22 Applicable law.—Sections 122.01-122.12 122.01
  635  122.13, 122.15, 122.16, 122.18 to 122.20, inclusive, in relation
  636  to administration of division B and to duties, rights,
  637  privileges and benefits of members of this division under this
  638  system, shall apply to said division B and membership therein,
  639  except to the extent that the provisions of ss. 122.21-122.24,
  640  122.26 to 122.321, inclusive, may be at variance or in conflict
  641  therewith.
  642         Reviser’s note.—Amended to conform to the repeal of s. 122.13 by
  643         s. 12, ch. 2004-234, Laws of Florida.
  644         Section 24. Section 122.28, Florida Statutes, is amended to
  645  read:
  646         122.28 Benefits.—The relevant provisions of ss. 122.01
  647  122.12 122.01-122.13, 122.15, 122.16, 122.18 to 122.20,
  648  inclusive, fixing or relating to eligibility for retirement,
  649  retirement compensation, and other benefits payable to members
  650  or for the account of members of this system in relation to
  651  members in division A hereof, shall apply with equal force and
  652  effect to members of division B, with the following exceptions:
  653         (1) For the period of service of the member prior to the
  654  effective date of his or her social security coverage hereunder,
  655  retirement benefits shall be computed on average final
  656  compensation at the rate of 2 percent for each year of service
  657  rendered prior to such effective date and as provided in s.
  658  122.08. For the period of membership in division B the member’s
  659  retirement compensation shall be computed on average final
  660  compensation at the rate of 1.5 percent for each year of service
  661  rendered after the effective date of said social security
  662  coverage.
  663         (2) Members of division B retiring under the disability
  664  provisions of this chapter shall receive not less than 20
  665  percent of their average final compensation.
  666         (3) For those persons who become members of the retirement
  667  system on or after July 1, 1963, the amount of such retirement
  668  compensation shall not exceed that amount which when added to
  669  the member’s estimated annual primary insurance amount under
  670  social security coverage equals 80 percent of his or her average
  671  final compensation. The estimated annual primary insurance
  672  amount of the member shall be determined by the administrator on
  673  the basis of the social security coverage in effect on the
  674  member’s retirement date, assuming that payment of such primary
  675  insurance amount shall commence at the later of the member’s
  676  65th birthday or actual age of retirement, and that the member
  677  earned his or her average final compensation in each year
  678  between the date of retirement and his or her 65th birthday for
  679  those members retiring prior to age 65.
  680         Reviser’s note.—Amended to conform to the repeal of s. 122.13 by
  681         s. 12, ch. 2004-234, Laws of Florida.
  682         Section 25. Subsection (3) of section 163.3187, Florida
  683  Statutes, is amended to read:
  684         163.3187 Process for adoption of small-scale comprehensive
  685  plan amendment.—
  686         (3) If the small scale development amendment involves a
  687  site within a rural area of critical economic concern as defined
  688  under s. 288.0656(2)(d) for the duration of such designation,
  689  the 10-acre limit listed in subsection (1) shall be increased by
  690  100 percent to 20 acres. The local government approving the
  691  small scale plan amendment shall certify to the state land
  692  planning agency Office of Tourism, Trade, and Economic
  693  Development that the plan amendment furthers the economic
  694  objectives set forth in the executive order issued under s.
  695  288.0656(7), and the property subject to the plan amendment
  696  shall undergo public review to ensure that all concurrency
  697  requirements and federal, state, and local environmental permit
  698  requirements are met.
  699         Reviser’s note.—Amended to conform to the repeal of s. 14.2015,
  700         which created the Office of Tourism, Trade, and Economic
  701         Development, by s. 477, ch. 2011-142, Laws of Florida, and
  702         the transfer of the duties of that office to the Department
  703         of Economic Opportunity by s. 4, ch. 2011-142. Section
  704         163.3164, the definitions section for this material,
  705         defines “state land planning agency” as the Department of
  706         Economic Opportunity.
  707         Section 26. Subsection (12) of section 163.3246, Florida
  708  Statutes, is amended to read:
  709         163.3246 Local government comprehensive planning
  710  certification program.—
  711         (12) A local government’s certification shall be reviewed
  712  by the local government and the state land planning agency as
  713  part of the evaluation and appraisal process pursuant to s.
  714  163.3191. Within 1 year after the deadline for the local
  715  government to update its comprehensive plan based on the
  716  evaluation and appraisal report, the state land planning agency
  717  shall renew or revoke the certification. The local government’s
  718  failure to timely adopt necessary amendments to update its
  719  comprehensive plan based on an evaluation and appraisal, which
  720  are found to be in compliance by the state land planning agency,
  721  shall be cause for revoking the certification agreement. The
  722  state land planning agency’s decision to renew or revoke shall
  723  be considered agency action subject to challenge under s.
  724  120.569.
  725         Reviser’s note.—Amended to delete an obsolete provision. The
  726         evaluation and report requirement was deleted from s.
  727         163.3191 by s. 20, ch. 2011-139, Laws of Florida; s.
  728         163.3191 continues to reference evaluation and appraisal.
  729         Section 27. Subsection (2) of section 196.075, Florida
  730  Statutes, is amended to read:
  731         196.075 Additional homestead exemption for persons 65 and
  732  older.—
  733         (2) In accordance with s. 6(d), Art. VII of the State
  734  Constitution, the board of county commissioners of any county or
  735  the governing authority of any municipality may adopt an
  736  ordinance to allow either or both of the following an additional
  737  homestead exemptions:
  738         (a) Up to $50,000 for any person who has the legal or
  739  equitable title to real estate and maintains thereon the
  740  permanent residence of the owner, who has attained age 65, and
  741  whose household income does not exceed $20,000; or
  742         (b) The amount of the assessed value of the property for
  743  any person who has the legal or equitable title to real estate
  744  with a just value less than $250,000 and has maintained thereon
  745  the permanent residence of the owner for at least 25 years, who
  746  has attained age 65, and whose household income does not exceed
  747  the income limitation prescribed in paragraph (a), as calculated
  748  in subsection (3).
  749         Reviser’s note.—Amended to confirm the editorial deletion of the
  750         word “an.”
  751         Section 28. Paragraph (b) of subsection (1) of section
  752  206.414, Florida Statutes, is amended to read:
  753         206.414 Collection of certain taxes; prohibited credits and
  754  refunds.—
  755         (1) Notwithstanding s. 206.41, which requires the
  756  collection of taxes due when motor fuel is removed through the
  757  terminal loading rack, the taxes imposed by s. 206.41(1)(d),
  758  (e), and (f) shall be collected in the following manner:
  759         (b) The minimum tax imposed by s. 206.41(1)(d), (e), and
  760  (f) shall be collected in the same manner as the taxes imposed
  761  under s. 206.41(1)(a), (b), and (c) 206.41(a), (b), and (c); at
  762  the point of removal through the terminal loading rack; or as
  763  provided in paragraph (c). All taxes collected, refunded, or
  764  credited shall be distributed based on the current applied
  765  period.
  766         Reviser’s note.—Amended to substitute a reference to s.
  767         206.41(1)(a), (b), and (c) for a reference to s. 206.41(a),
  768         (b), and (c) to conform to the complete citation of the
  769         provisions in s. 206.41 providing for the imposition of
  770         specified motor fuel taxes.
  771         Section 29. Paragraph (d) of subsection (1) of section
  772  206.606, Florida Statutes, is amended to read:
  773         206.606 Distribution of certain proceeds.—
  774         (1) Moneys collected pursuant to ss. 206.41(1)(g) and
  775  206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
  776  Fund. Such moneys, after deducting the service charges imposed
  777  by s. 215.20, the refunds granted pursuant to s. 206.41, and the
  778  administrative costs incurred by the department in collecting,
  779  administering, enforcing, and distributing the tax, which
  780  administrative costs may not exceed 2 percent of collections,
  781  shall be distributed monthly to the State Transportation Trust
  782  Fund, except that:
  783         (d) $13.4 million in fiscal year 2007-2008 and each fiscal
  784  year thereafter A portion of the moneys attributable to the sale
  785  of motor and diesel fuel at marinas shall be transferred from
  786  the Fuel Tax Collection Trust Fund to the Marine Resources
  787  Conservation Trust Fund in the Fish and Wildlife Conservation
  788  Commission as follows:
  789         1. $2.5 million in fiscal year 2003-2004;
  790         2. $5.0 million in fiscal year 2004-2005;
  791         3. $8.5 million in fiscal year 2005-2006;
  792         4. $10.9 million in fiscal year 2006-2007; and
  793         5. $13.4 million in fiscal year 2007-2008 and each fiscal
  794  year thereafter.
  795         Reviser’s note.—Amended to delete obsolete provisions.
  796         Section 30. Paragraph (c) of subsection (1) of section
  797  215.618, Florida Statutes, is amended to read:
  798         215.618 Bonds for acquisition and improvement of land,
  799  water areas, and related property interests and resources.—
  800         (1)
  801         (c) By February 1, 2010, the Legislature shall complete an
  802  analysis of potential revenue sources for the Florida Forever
  803  program.
  804         Reviser’s note.—Amended to delete an obsolete provision.
  805         Section 31. Paragraph (a) of subsection (3) of section
  806  215.89, Florida Statutes, is amended to read:
  807         215.89 Charts of account.—
  808         (3) REPORTING STRUCTURE.—
  809         (a) Beginning October 1, 2011, the Chief Financial Officer
  810  shall conduct workshops with state agencies, local governments,
  811  educational entities, and entities of higher education to gather
  812  information pertaining to uniform statewide reporting
  813  requirements to be used to develop charts of account by the
  814  Chief Financial Officer. A draft proposed charts of account
  815  shall be provided by July 1, 2013, to the state agencies, local
  816  governments, educational entities, and entities of higher
  817  education.
  818         Reviser’s note.—Amended to delete an obsolete provision.
  819         Section 32. Subsection (6) of section 243.52, Florida
  820  Statutes, is amended to read:
  821         243.52 Definitions.—As used in ss. 243.50-243.77, the term:
  822         (6) “Institution of higher education” means an independent
  823  nonprofit college or university which is located in and
  824  chartered by the state; which is accredited by the Commission on
  825  Colleges of the Southern Association of Colleges and Schools;
  826  which grants baccalaureate degrees; and which is not a state
  827  university or Florida College System institution state community
  828  college.
  829         Reviser’s note.—Amended to conform a reference to a state
  830         community college to changes in chs. 2008-52 and 2009-228,
  831         Laws of Florida, transitioning references from community
  832         colleges to Florida College System institutions.
  833         Section 33. Paragraph (a) of subsection (8) and subsections
  834  (10) and (13) of section 253.034, Florida Statutes, are amended
  835  to read:
  836         253.034 State-owned lands; uses.—
  837         (8)(a) The Legislature recognizes the value of the state’s
  838  conservation lands as water recharge areas and air filters and,
  839  in an effort to better understand the scientific underpinnings
  840  of carbon sequestration, carbon capture, and greenhouse gas
  841  mitigation, to inform policymakers and decisionmakers, and to
  842  provide the infrastructure for landowners, the Division of State
  843  Lands shall contract with an organization experienced and
  844  specialized in carbon sinks and emission budgets to conduct an
  845  inventory of all lands that were acquired pursuant to
  846  Preservation 2000 and Florida Forever and that were titled in
  847  the name of the Board of Trustees of the Internal Improvement
  848  Trust Fund. The inventory shall determine the value of carbon
  849  capture and carbon sequestration. Such inventory shall consider
  850  potential carbon offset values of changes in land management
  851  practices, including, but not limited to, replanting of trees,
  852  routine prescribed burns, and land use conversion. Such an
  853  inventory shall be completed and presented to the board of
  854  trustees by July 1, 2009.
  855         (10) The following additional uses of conservation lands
  856  acquired pursuant to the Florida Forever program and other
  857  state-funded conservation land purchase programs shall be
  858  authorized, upon a finding by the board of trustees, if they
  859  meet the criteria specified in paragraphs (a)-(e): water
  860  resource development projects, water supply development
  861  projects, stormwater management projects, linear facilities, and
  862  sustainable agriculture and forestry. Such additional uses are
  863  authorized where:
  864         (a) Not inconsistent with the management plan for such
  865  lands;
  866         (b) Compatible with the natural ecosystem and resource
  867  values of such lands;
  868         (c) The proposed use is appropriately located on such lands
  869  and where due consideration is given to the use of other
  870  available lands;
  871         (d) The using entity reasonably compensates the titleholder
  872  for such use based upon an appropriate measure of value; and
  873         (e) The use is consistent with the public interest.
  874  
  875  A decision by the board of trustees pursuant to this section
  876  shall be given a presumption of correctness. Moneys received
  877  from the use of state lands pursuant to this section shall be
  878  returned to the lead managing entity in accordance with the
  879  provisions of s. 259.032(11)(c) 259.032(11)(d).
  880         (13) By February 1, 2010, the commission shall submit a
  881  report to the President of the Senate and the Speaker of the
  882  House of Representatives on the efficacy of using state-owned
  883  lands to protect, manage, or restore habitat for native or
  884  imperiled species. This subsection expires July 1, 2014.
  885         Reviser’s note.—Paragraph (8)(a) and subsection (13) are amended
  886         to delete obsolete provisions. Subsection (10) is amended
  887         to conform to the redesignation of s. 259.032(11)(d) as s.
  888         259.032(11)(c) as a result of the repeal of former s.
  889         259.032(11)(c) by s. 36, ch. 2013-15, Laws of Florida.
  890         Section 34. Subsection (1) of section 253.66, Florida
  891  Statutes, is amended to read:
  892         253.66 Change in bulkhead lines, Pinellas County.—
  893         (1) As soon as a county bulkhead line as provided in s.
  894  253.1221 253.122 has been fixed by the water and navigation
  895  control authority of Pinellas County around the mainland of the
  896  county and the offshore islands therein, and the bulkhead line
  897  has been formally approved by the Board of Trustees of the
  898  Internal Improvement Trust Fund of the state, all in accordance
  899  with the provisions of s. 253.1221 253.122, no further change in
  900  said bulkhead line shall be made notwithstanding the provisions
  901  of s. 253.1221 253.122.
  902         Reviser’s note.—Amended to confirm the editorial substitution of
  903         a reference to s. 253.1221 for a reference to s. 253.122,
  904         which was repealed by s. 26, ch. 75-22, Laws of Florida.
  905         Section 253.1221 deals with the reestablishment of bulkhead
  906         lines that were previously established by s. 253.122.
  907         Section 35. Subsection (2) of section 255.60, Florida
  908  Statutes, is amended to read:
  909         255.60 Special contracts with charitable or not-for-profit
  910  organizations.—The state, the governing body of any political
  911  subdivision of the state, or a public-private partnership is
  912  authorized, but not required, to contract for public service
  913  work with a not-for-profit organization or charitable youth
  914  organization, notwithstanding competitive sealed bid procedures
  915  required under this chapter, chapter 287, or any municipal or
  916  county charter, upon compliance with this section.
  917         (2) The contract, if approved by authorized agency
  918  personnel of the state, or the governing body of a political
  919  subdivision, or the public-private partnership, as appropriate,
  920  must provide at a minimum that:
  921         (a) For youth organizations, labor shall be performed
  922  exclusively by at-risk youth and their direct supervisors; and
  923  shall not be subject to subcontracting.
  924         (b) For the preservation, maintenance, and improvement of
  925  park land, the property must be at least 20 acres with
  926  contiguous public facilities that are capable of seating at
  927  least 5,000 people in a permanent structure.
  928         (c) For public education buildings, the building must be at
  929  least 90,000 square feet.
  930         (d) Payment must be production-based.
  931         (e) The contract will terminate should the contractor or
  932  supplier no longer qualify under subsection (1).
  933         (f) The supplier or contractor has instituted a drug-free
  934  workplace program substantially in compliance with the
  935  provisions of s. 287.087.
  936         (g) The contractor or supplier agrees to be subject to
  937  review and audit at the discretion of the Auditor General in
  938  order to ensure that the contractor or supplier has complied
  939  with this section.
  940         Reviser’s note.—Amended to confirm the editorial deletion of the
  941         word “or.”
  942         Section 36. Paragraph (b) of subsection (3) of section
  943  259.037, Florida Statutes, is amended to read:
  944         259.037 Land Management Uniform Accounting Council.—
  945         (3)
  946         (b) Each reporting agency shall also:
  947         1. Include a report of the available public use
  948  opportunities for each management unit of state land, the total
  949  management cost for public access and public use, and the cost
  950  associated with each use option.
  951         2. List the acres of land requiring minimal management
  952  effort, moderate management effort, and significant management
  953  effort pursuant to former s. 259.032(11)(c). For each category
  954  created in paragraph (a), the reporting agency shall include the
  955  amount of funds requested, the amount of funds received, and the
  956  amount of funds expended for land management.
  957         3. List acres managed and cost of management for each park,
  958  preserve, forest, reserve, or management area.
  959         4. List acres managed, cost of management, and lead manager
  960  for each state lands management unit for which secondary
  961  management activities were provided.
  962         5. Include a report of the estimated calculable financial
  963  benefits to the public for the ecosystem services provided by
  964  conservation lands, based on the best readily available
  965  information or science that provides a standard measurement
  966  methodology to be consistently applied by the land managing
  967  agencies. Such information may include, but need not be limited
  968  to, the value of natural lands for protecting the quality and
  969  quantity of drinking water through natural water filtration and
  970  recharge, contributions to protecting and improving air quality,
  971  benefits to agriculture through increased soil productivity and
  972  preservation of biodiversity, and savings to property and lives
  973  through flood control.
  974         Reviser’s note.—Amended to conform to the repeal of s.
  975         259.032(11)(c) by s. 36, ch. 2013-15, Laws of Florida.
  976         Section 37. Paragraph (a) of subsection (2) of section
  977  259.105, Florida Statutes, is amended to read:
  978         259.105 The Florida Forever Act.—
  979         (2)(a) The Legislature finds and declares that:
  980         1. Land acquisition programs have provided tremendous
  981  financial resources for purchasing environmentally significant
  982  lands to protect those lands from imminent development or
  983  alteration, thereby ensuring present and future generations’
  984  access to important waterways, open spaces, and recreation and
  985  conservation lands.
  986         2. The continued alteration and development of Florida’s
  987  natural and rural areas to accommodate the state’s growing
  988  population have contributed to the degradation of water
  989  resources, the fragmentation and destruction of wildlife
  990  habitats, the loss of outdoor recreation space, and the
  991  diminishment of wetlands, forests, working landscapes, and
  992  coastal open space.
  993         3. The potential development of Florida’s remaining natural
  994  areas and escalation of land values require government efforts
  995  to restore, bring under public protection, or acquire lands and
  996  water areas to preserve the state’s essential ecological
  997  functions and invaluable quality of life.
  998         4. It is essential to protect the state’s ecosystems by
  999  promoting a more efficient use of land, to ensure opportunities
 1000  for viable agricultural activities on working lands, and to
 1001  promote vital rural and urban communities that support and
 1002  produce development patterns consistent with natural resource
 1003  protection.
 1004         5. Florida’s groundwater, surface waters, and springs are
 1005  under tremendous pressure due to population growth and economic
 1006  expansion and require special protection and restoration
 1007  efforts, including the protection of uplands and springsheds
 1008  that provide vital recharge to aquifer systems and are critical
 1009  to the protection of water quality and water quantity of the
 1010  aquifers and springs. To ensure that sufficient quantities of
 1011  water are available to meet the current and future needs of the
 1012  natural systems and citizens of the state, and assist in
 1013  achieving the planning goals of the department and the water
 1014  management districts, water resource development projects on
 1015  public lands, where compatible with the resource values of and
 1016  management objectives for the lands, are appropriate.
 1017         6. The needs of urban, suburban, and small communities in
 1018  Florida for high-quality outdoor recreational opportunities,
 1019  greenways, trails, and open space have not been fully met by
 1020  previous acquisition programs. Through such programs as the
 1021  Florida Communities Trust and the Florida Recreation Development
 1022  Assistance Program, the state shall place additional emphasis on
 1023  acquiring, protecting, preserving, and restoring open space,
 1024  ecological greenways, and recreation properties within urban,
 1025  suburban, and rural areas where pristine natural communities or
 1026  water bodies no longer exist because of the proximity of
 1027  developed property.
 1028         7. Many of Florida’s unique ecosystems, such as the Florida
 1029  Everglades, are facing ecological collapse due to Florida’s
 1030  burgeoning population growth and other economic activities. To
 1031  preserve these valuable ecosystems for future generations,
 1032  essential parcels of land must be acquired to facilitate
 1033  ecosystem restoration.
 1034         8. Access to public lands to support a broad range of
 1035  outdoor recreational opportunities and the development of
 1036  necessary infrastructure, where compatible with the resource
 1037  values of and management objectives for such lands, promotes an
 1038  appreciation for Florida’s natural assets and improves the
 1039  quality of life.
 1040         9. Acquisition of lands, in fee simple, less-than-fee
 1041  interest, or other techniques shall be based on a comprehensive
 1042  science-based assessment of Florida’s natural resources which
 1043  targets essential conservation lands by prioritizing all current
 1044  and future acquisitions based on a uniform set of data and
 1045  planned so as to protect the integrity and function of
 1046  ecological systems and working landscapes, and provide multiple
 1047  benefits, including preservation of fish and wildlife habitat,
 1048  recreation space for urban and rural areas, and the restoration
 1049  of natural water storage, flow, and recharge.
 1050         10. The state has embraced performance-based program
 1051  budgeting as a tool to evaluate the achievements of publicly
 1052  funded agencies, build in accountability, and reward those
 1053  agencies which are able to consistently achieve quantifiable
 1054  goals. While previous and existing state environmental programs
 1055  have achieved varying degrees of success, few of these programs
 1056  can be evaluated as to the extent of their achievements,
 1057  primarily because performance measures, standards, outcomes, and
 1058  goals were not established at the outset. Therefore, the Florida
 1059  Forever program shall be developed and implemented in the
 1060  context of measurable state goals and objectives.
 1061         11. The state must play a major role in the recovery and
 1062  management of its imperiled species through the acquisition,
 1063  restoration, enhancement, and management of ecosystems that can
 1064  support the major life functions of such species. It is the
 1065  intent of the Legislature to support local, state, and federal
 1066  programs that result in net benefit to imperiled species habitat
 1067  by providing public and private land owners meaningful
 1068  incentives for acquiring, restoring, managing, and repopulating
 1069  habitats for imperiled species. It is the further intent of the
 1070  Legislature that public lands, both existing and to be acquired,
 1071  identified by the lead land managing agency, in consultation
 1072  with the Florida Fish and Wildlife Conservation Commission for
 1073  animals or the Department of Agriculture and Consumer Services
 1074  for plants, as habitat or potentially restorable habitat for
 1075  imperiled species, be restored, enhanced, managed, and
 1076  repopulated as habitat for such species to advance the goals and
 1077  objectives of imperiled species management consistent with the
 1078  purposes for which such lands are acquired without restricting
 1079  other uses identified in the management plan. It is also the
 1080  intent of the Legislature that of the proceeds distributed
 1081  pursuant to subsection (3), additional consideration be given to
 1082  acquisitions that achieve a combination of conservation goals,
 1083  including the restoration, enhancement, management, or
 1084  repopulation of habitat for imperiled species. The Acquisition
 1085  and Restoration Council, in addition to the criteria in
 1086  subsection (9), shall give weight to projects that include
 1087  acquisition, restoration, management, or repopulation of habitat
 1088  for imperiled species. The term “imperiled species” as used in
 1089  this chapter and chapter 253, means plants and animals that are
 1090  federally listed under the Endangered Species Act, or state
 1091  listed by the Fish and Wildlife Conservation Commission or the
 1092  Department of Agriculture and Consumer Services.
 1093         a. As part of the state’s role, all state lands that have
 1094  imperiled species habitat shall include as a consideration in
 1095  management plan development the restoration, enhancement,
 1096  management, and repopulation of such habitats. In addition, the
 1097  lead land managing agency of such state lands may use fees
 1098  received from public or private entities for projects to offset
 1099  adverse impacts to imperiled species or their habitat in order
 1100  to restore, enhance, manage, repopulate, or acquire land and to
 1101  implement land management plans developed under s. 253.034 or a
 1102  land management prospectus developed and implemented under this
 1103  chapter. Such fees shall be deposited into a foundation or fund
 1104  created by each land management agency under s. 379.223, s.
 1105  589.012, or s. 259.032(11)(c) 259.032(11)(d), to be used solely
 1106  to restore, manage, enhance, repopulate, or acquire imperiled
 1107  species habitat.
 1108         b. Where habitat or potentially restorable habitat for
 1109  imperiled species is located on state lands, the Fish and
 1110  Wildlife Conservation Commission and the Department of
 1111  Agriculture and Consumer Services shall be included on any
 1112  advisory group required under chapter 253, and the short-term
 1113  and long-term management goals required under chapter 253 must
 1114  advance the goals and objectives of imperiled species management
 1115  consistent with the purposes for which the land was acquired
 1116  without restricting other uses identified in the management
 1117  plan.
 1118         12. There is a need to change the focus and direction of
 1119  the state’s major land acquisition programs and to extend
 1120  funding and bonding capabilities, so that future generations may
 1121  enjoy the natural resources of this state.
 1122         Reviser’s note.—Amended to conform to the redesignation of s.
 1123         259.032(11)(d) as s. 259.032(11)(c) as a result of the
 1124         repeal of former s. 259.032(11)(c) by s. 36, ch. 2013-15,
 1125         Laws of Florida.
 1126         Section 38. Section 265.601, Florida Statutes, is amended
 1127  to read:
 1128         265.601 Cultural Endowment Program; short title.—Sections
 1129  265.601-265.606 265.601-265.607 may be cited as the “Cultural
 1130  Endowment Program.”
 1131         Reviser’s note.—Amended to conform to the repeal of s. 265.607
 1132         by s. 141, ch. 2001-266, Laws of Florida.
 1133         Section 39. Section 265.603, Florida Statutes, is amended
 1134  to read:
 1135         265.603 Definitions relating to Cultural Endowment
 1136  Program.—The following terms and phrases when used in ss.
 1137  265.601-265.606 265.601-265.607 shall have the meaning ascribed
 1138  to them in this section, except where the context clearly
 1139  indicates a different meaning:
 1140         (1) “Department” means the Department of State.
 1141         (2) “Division” means the Division of Cultural Affairs of
 1142  the Department of State.
 1143         (3) “Cultural” means the disciplines of dance, music,
 1144  theater, visual arts, literature, media arts, interdisciplinary
 1145  and multidisciplinary, and programs of museums.
 1146         (4) “Secretary” means the Secretary of State.
 1147         (5) “Sponsoring organization” means a cultural organization
 1148  which:
 1149         (a) Is designated as not for profit pursuant to s.
 1150  501(c)(3) or (4) of the Internal Revenue Code of 1954;
 1151         (b) Is described in, and allowed to receive contributions
 1152  pursuant to, the provisions of s. 170 of the Internal Revenue
 1153  Code of 1954;
 1154         (c) Is a corporation not for profit incorporated pursuant
 1155  to chapter 617; and
 1156         (d) Is primarily and directly responsible for conducting,
 1157  creating, producing, presenting, staging, or sponsoring a
 1158  cultural exhibit, performance, or event. This provision includes
 1159  museums owned and operated by political subdivisions of the
 1160  state, except those constituted pursuant to s. 1004.67.
 1161         Reviser’s note.—Amended to conform to the repeal of s. 265.607
 1162         by s. 141, ch. 2001-266, Laws of Florida.
 1163         Section 40. Subsection (3) of section 285.18, Florida
 1164  Statutes, is amended to read:
 1165         285.18 Tribal council as governing body; powers and
 1166  duties.—
 1167         (3) The law enforcement agencies of the Seminole Tribe of
 1168  Florida and the Miccosukee Tribe of Indians of Florida shall
 1169  have the authority of “criminal justice agencies” as defined in
 1170  s. 943.045(11)(e) 945.045(11)(e) and shall have the specific
 1171  authority to negotiate agreements with the Department of Law
 1172  Enforcement, the United States Department of Justice, and other
 1173  federal law enforcement agencies for access to criminal history
 1174  records for the purpose of conducting ongoing criminal
 1175  investigations and for the following governmental purposes:
 1176         (a) Background investigations, which are required for
 1177  employment by a tribal education program, tribal Head Start
 1178  program, or tribal day care program as may be required by state
 1179  or federal law.
 1180         (b) Background investigations, which are required for
 1181  employment by tribal law enforcement agencies.
 1182         (c) Background investigations, which are required for
 1183  employment by a tribal government.
 1184         (d) Background investigations with respect to all
 1185  employees, primary management officials, and all persons having
 1186  a financial interest in a class II Indian tribal gaming
 1187  enterprise to ensure eligibility as provided in the Indian
 1188  Gaming Regulatory Act, 25 U.S.C. ss. 2701 et al.
 1189  
 1190  With regard to those investigations authorized in paragraphs
 1191  (a), (c), and (d), each such individual shall file a complete
 1192  set of his or her fingerprints that have been taken by an
 1193  authorized law enforcement officer, which set of fingerprints
 1194  shall be submitted to the Department of Law Enforcement for
 1195  state processing and to the Federal Bureau of Investigation for
 1196  federal processing. The cost of processing shall be borne by the
 1197  applicant.
 1198         Reviser’s note.—Amended to correct an apparent typographical
 1199         error. Section 945.045 was transferred to s. 946.001 in
 1200         1983 and repealed by s. 27, ch. 85-288, Laws of Florida.
 1201         Section 14, ch. 2013-116, Laws of Florida, amended s.
 1202         943.045, including redesignating subsection (10) as
 1203         subsection (11); that subsection defines “criminal justice
 1204         agency” and contains paragraphs, including paragraph (e).
 1205         Section 37, ch. 2013-116, revised the reference in s.
 1206         285.18 from “s. 943.045(10)(e)” to “s. 945.045(11)(e)” in
 1207         an attempt to conform the changes in s. 14, ch. 2013-116.
 1208         Section 41. Subsection (1) of section 287.064, Florida
 1209  Statutes, is amended to read:
 1210         287.064 Consolidated financing of deferred-payment
 1211  purchases.—
 1212         (1) The Division of Bond Finance of the State Board of
 1213  Administration and the Chief Financial Officer shall plan and
 1214  coordinate deferred-payment purchases made by or on behalf of
 1215  the state or its agencies or by or on behalf of state
 1216  universities or Florida College System institutions state
 1217  community colleges participating under this section pursuant to
 1218  s. 1001.706(7) or s. 1001.64(26), respectively. The Division of
 1219  Bond Finance shall negotiate and the Chief Financial Officer
 1220  shall execute agreements and contracts to establish master
 1221  equipment financing agreements for consolidated financing of
 1222  deferred-payment, installment sale, or lease purchases with a
 1223  financial institution or a consortium of financial institutions.
 1224  As used in this act, the term “deferred-payment” includes
 1225  installment sale and lease-purchase.
 1226         (a) The period during which equipment may be acquired under
 1227  any one master equipment financing agreement shall be limited to
 1228  not more than 3 years.
 1229         (b) Repayment of the whole or a part of the funds drawn
 1230  pursuant to the master equipment financing agreement may
 1231  continue beyond the period established pursuant to paragraph
 1232  (a).
 1233         (c) The interest rate component of any master equipment
 1234  financing agreement shall be deemed to comply with the interest
 1235  rate limitation imposed in s. 287.063 so long as the interest
 1236  rate component of every interagency, state university, or
 1237  community college agreement entered into under such master
 1238  equipment financing agreement complies with the interest rate
 1239  limitation imposed in s. 287.063. Such interest rate limitation
 1240  does not apply when the payment obligation under the master
 1241  equipment financing agreement is rated by a nationally
 1242  recognized rating service in any one of the three highest
 1243  classifications, which rating services and classifications are
 1244  determined pursuant to rules adopted by the Chief Financial
 1245  Officer.
 1246         Reviser’s note.—Amended to conform a reference to state
 1247         community colleges to changes in chs. 2008-52 and 2009-228,
 1248         Laws of Florida, transitioning references from community
 1249         colleges to Florida College System institutions.
 1250         Section 42. Subsection (8) of section 287.135, Florida
 1251  Statutes, is amended to read:
 1252         287.135 Prohibition against contracting with scrutinized
 1253  companies.—
 1254         (8) The department shall submit to the Attorney General of
 1255  the United States a written notice:
 1256         (a) Describing this section within 30 days after July 1,
 1257  2011.
 1258         (b) Within 30 days after July 1, 2012, apprising the
 1259  Attorney General of the United States of the inclusion of
 1260  companies with business operations in Cuba or Syria within the
 1261  provisions of this section.
 1262         Reviser’s note.—Amended to delete an obsolete provision.
 1263         Section 43. Subsection (2) of section 288.001, Florida
 1264  Statutes, is amended to read:
 1265         288.001 The Florida Small Business Development Center
 1266  Network—
 1267         (2) DEFINITIONS.—As used in this section, the term:
 1268         (a) “Board of Governors” means is the Board of Governors of
 1269  the State University System.
 1270         (b) “Host institution” means is the university designated
 1271  by the Board of Governors to be the recipient organization in
 1272  accordance with 13 C.F.R. s. 130.200.
 1273         Reviser’s note.—Amended to confirm the editorial substitution of
 1274         the word “means” for the word “is” to conform to context.
 1275         Section 44. Paragraph (b) of subsection (7) of section
 1276  288.11621, Florida Statutes, is amended to read:
 1277         288.11621 Spring training baseball franchises.—
 1278         (7) STRATEGIC PLANNING.—
 1279         (b) The department shall submit a copy of the strategic
 1280  plan to the Governor, the President of the Senate, and the
 1281  Speaker of the House of Representatives by December 31, 2010.
 1282         Reviser’s note.—Amended to delete an obsolete provision.
 1283         Section 45. Subsection (1) of section 288.7015, Florida
 1284  Statutes, is amended to read:
 1285         288.7015 Appointment of rules ombudsman; duties.—The
 1286  Governor shall appoint a rules ombudsman, as defined in s.
 1287  288.703, in the Executive Office of the Governor, for
 1288  considering the impact of agency rules on the state’s citizens
 1289  and businesses. In carrying out duties as provided by law, the
 1290  ombudsman shall consult with Enterprise Florida, Inc., at which
 1291  point the department may recommend to improve the regulatory
 1292  environment of this state. The duties of the rules ombudsman are
 1293  to:
 1294         (1) Carry out the responsibility provided in s.
 1295  120.54(3)(b) 120.54(2), with respect to small businesses.
 1296         Reviser’s note.—Amended to correct an apparent error and to
 1297         conform to context. Section 120.54(2) relates to rule
 1298         development; s. 120.54(3)(b) references responsibility in
 1299         relation to small businesses.
 1300         Section 46. Subsection (1) of section 288.9918, Florida
 1301  Statutes, is amended to read:
 1302         288.9918 Annual reporting by a community development
 1303  entity.—
 1304         (1) A community development entity that has issued a
 1305  qualified investment shall submit an annual report to the
 1306  department by January 31 after the end of each year which
 1307  includes a credit allowance date. The report shall include
 1308  information on investments made in the preceding calendar year
 1309  to include but not be limited to the following:
 1310         (a) The identity of the types of industries, identified by
 1311  the North American Industry Classification System Code, in which
 1312  qualified low-income community investments were made.
 1313         (b) The names of the counties in which the qualified active
 1314  low-income businesses are located which received qualified low
 1315  income community investments.
 1316         (c) The number of jobs created and retained by qualified
 1317  active low-income community businesses receiving qualified low
 1318  income community investments, including verification that the
 1319  average wages paid meet or exceed 115 percent of the federal
 1320  poverty income guidelines for a family of four.
 1321         (d) A description of the relationships that the entity has
 1322  established with community-based organizations and local
 1323  community development offices and organizations and a summary of
 1324  the outcomes resulting from those relationships.
 1325         (e) Other information and documentation required by the
 1326  department to verify continued certification as a qualified
 1327  community development entity under 26 U.S.C. s. 45D.
 1328         Reviser’s note.—Amended to confirm the editorial insertion of
 1329         the word “be” to improve clarity.
 1330         Section 47. Section 290.00726, Florida Statutes, is amended
 1331  to read:
 1332         290.00726 Enterprise zone designation for Martin County.
 1333  Martin County may apply to the department for designation of one
 1334  enterprise zone for an area within Martin County, which zone
 1335  shall encompass an area of up to 10 square miles consisting of
 1336  land within the primary urban services boundary and focusing on
 1337  Indiantown, but excluding property owned by Florida Power and
 1338  Light to the west, two areas to the north designated as estate
 1339  residential, and the county-owned Timer Powers Recreational
 1340  Area. Within the designated enterprise zone, Martin County shall
 1341  exempt residential condominiums from benefiting from state
 1342  enterprise zone incentives, unless prohibited by law. The
 1343  application must have been submitted by December 31, 2011, and
 1344  must comply with the requirements of s. 290.0055.
 1345  Notwithstanding s. 290.0065 limiting the total number of
 1346  enterprise zones designated and the number of enterprise zones
 1347  within a population category, the department may designate one
 1348  enterprise zone under this section. The department shall
 1349  establish the initial effective date of the enterprise zone
 1350  designated under this section.
 1351         Reviser’s note.—Amended to delete an obsolete provision.
 1352         Section 48. Section 290.00727, Florida Statutes, is amended
 1353  to read:
 1354         290.00727 Enterprise zone designation for the City of Palm
 1355  Bay.—The City of Palm Bay may apply to the department for
 1356  designation of one enterprise zone for an area within the
 1357  northeast portion of the city, which zone shall encompass an
 1358  area of up to 5 square miles. The application must have been
 1359  submitted by December 31, 2011, and must comply with the
 1360  requirements of s. 290.0055. Notwithstanding s. 290.0065
 1361  limiting the total number of enterprise zones designated and the
 1362  number of enterprise zones within a population category, the
 1363  department may designate one enterprise zone under this section.
 1364  The department shall establish the initial effective date of the
 1365  enterprise zone designated under this section.
 1366         Reviser’s note.—Amended to delete an obsolete provision.
 1367         Section 49. Section 290.00728, Florida Statutes, is amended
 1368  to read:
 1369         290.00728 Enterprise zone designation for Lake County.—Lake
 1370  County may apply to the department for designation of one
 1371  enterprise zone, which zone shall encompass an area of up to 10
 1372  square miles within Lake County. The application must have been
 1373  submitted by December 31, 2011, and must comply with the
 1374  requirements of s. 290.0055. Notwithstanding s. 290.0065
 1375  limiting the total number of enterprise zones designated and the
 1376  number of enterprise zones within a population category, the
 1377  department may designate one enterprise zone under this section.
 1378  The department shall establish the initial effective date of the
 1379  enterprise zone designated under this section.
 1380         Reviser’s note.—Amended to delete an obsolete provision.
 1381         Section 50. Section 290.00729, Florida Statutes, is amended
 1382  to read:
 1383         290.00729 Enterprise zone designation for Charlotte
 1384  County.—Charlotte County may apply to the Department of Economic
 1385  Opportunity for designation of one enterprise zone encompassing
 1386  an area not to exceed 20 square miles within Charlotte County.
 1387  The application must be submitted by December 31, 2012, and must
 1388  comply with the requirements in s. 290.0055. Notwithstanding s.
 1389  290.0065 limiting the total number of enterprise zones
 1390  designated and the number of enterprise zones within a
 1391  population category, the department may designate one enterprise
 1392  zone under this section. The department shall establish the
 1393  initial effective date of the enterprise zone designated under
 1394  this section.
 1395         Reviser’s note.—Amended to delete an obsolete provision.
 1396         Section 51. Section 290.00731, Florida Statutes, is amended
 1397  to read:
 1398         290.00731 Enterprise zone designation for Citrus County.
 1399  Citrus County may apply to the department for designation of one
 1400  enterprise zone for an area within Citrus County. The
 1401  application must be submitted by December 31, 2012, and must
 1402  comply with the requirements of s. 290.0055. Notwithstanding s.
 1403  290.0065 limiting the total number of enterprise zones
 1404  designated and the number of enterprise zones within a
 1405  population category, the department may designate one enterprise
 1406  zone under this section. The department shall establish the
 1407  initial effective date of the enterprise zone designated under
 1408  this section.
 1409         Reviser’s note.—Amended to delete an obsolete provision.
 1410         Section 52. Section 290.0074, Florida Statutes, is amended
 1411  to read:
 1412         290.0074 Enterprise zone designation for Sumter County.
 1413  Sumter County may apply to the department for designation of one
 1414  enterprise zone encompassing an area not to exceed 10 square
 1415  miles. The application must be submitted by December 31, 2005.
 1416  Notwithstanding the provisions of s. 290.0065 limiting the total
 1417  number of enterprise zones designated and the number of
 1418  enterprise zones within a population category, the department
 1419  may designate one enterprise zone under this section. The
 1420  department shall establish the initial effective date of the
 1421  enterprise zone designated pursuant to this section.
 1422         Reviser’s note.—Amended to delete an obsolete provision.
 1423         Section 53. Paragraph (a) of subsection (3) of section
 1424  316.305, Florida Statutes, is amended to read:
 1425         316.305 Wireless communications devices; prohibition.—
 1426         (3)(a) A person may not operate a motor vehicle while
 1427  manually typing or entering multiple letters, numbers, symbols,
 1428  or other characters into a wireless communications device or
 1429  while sending or reading data on in such a device for the
 1430  purpose of nonvoice interpersonal communication, including, but
 1431  not limited to, communication methods known as texting, e
 1432  mailing, and instant messaging. As used in this section, the
 1433  term “wireless communications device” means any handheld device
 1434  used or capable of being used in a handheld manner, that is
 1435  designed or intended to receive or transmit text or character
 1436  based messages, access or store data, or connect to the Internet
 1437  or any communications service as defined in s. 812.15 and that
 1438  allows text communications. For the purposes of this paragraph,
 1439  a motor vehicle that is stationary is not being operated and is
 1440  not subject to the prohibition in this paragraph.
 1441         Reviser’s note.—Amended to confirm the editorial substitution of
 1442         the word “on” for the word “in.”
 1443         Section 54. Subsection (12) of section 318.14, Florida
 1444  Statutes, is amended to read:
 1445         318.14 Noncriminal traffic infractions; exception;
 1446  procedures.—
 1447         (12) Any person cited for a violation of s. 316.1001 may,
 1448  in lieu of making an election as set forth in subsection (4) or
 1449  s. 318.18(7), elect to pay a fine of $25, or such other amount
 1450  as imposed by the governmental entity owning the applicable toll
 1451  facility, plus the amount of the unpaid toll that is shown on
 1452  the traffic citation directly to the governmental entity that
 1453  issued the citation, or on whose behalf the citation was issued,
 1454  within 30 days after the date of issuance of the citation. Any
 1455  person cited for a violation of s. 316.1001 who does not elect
 1456  to pay the fine imposed by the governmental entity owning the
 1457  applicable toll facility plus the amount of the unpaid toll that
 1458  is shown on the traffic citation directly to the governmental
 1459  entity that issued the citation, or on whose behalf the citation
 1460  was issued, as described in this subsection shall have an
 1461  additional 45 days after the date of the issuance of the
 1462  citation in which to request a court hearing or to pay the civil
 1463  penalty and delinquent fee, if applicable, as provided in s.
 1464  318.18(7), either by mail or in person, in accordance with
 1465  subsection (4).
 1466         Reviser’s note.—Amended to conform to the deletion of language
 1467         pertaining to making an election from s. 318.18(7) by s.
 1468         21, ch. 2007-196, Laws of Florida.
 1469         Section 55. Paragraph (h) of subsection (6) of section
 1470  318.1451, Florida Statutes, is amended to read:
 1471         318.1451 Driver improvement schools.—
 1472         (6) The department shall adopt rules establishing and
 1473  maintaining policies and procedures to implement the
 1474  requirements of this section. These policies and procedures may
 1475  include, but shall not be limited to, the following:
 1476         (h) Miscellaneous requirements.—The department shall
 1477  require that all course providers:
 1478         1. Disclose all fees associated with courses offered by the
 1479  provider and associated driver improvement schools and not
 1480  charge any fees that are not disclosed during registration.
 1481         2. Provide proof of ownership, copyright, or written
 1482  permission from the course owner to use the course in this
 1483  state.
 1484         3. Ensure that any course that is offered in a classroom
 1485  setting, by the provider or a school authorized by the provider
 1486  to teach the course, is offered the course at locations that are
 1487  free from distractions and reasonably accessible to most
 1488  applicants.
 1489         4. Issue a certificate to persons who successfully complete
 1490  the course.
 1491         Reviser’s note.—Amended to confirm the editorial deletion of the
 1492         words “the course” to improve clarity.
 1493         Section 56. Paragraph (a) of subsection (3) of section
 1494  319.21, Florida Statutes, is amended to read:
 1495         319.21 Necessity of manufacturer’s statement of origin and
 1496  certificate of title.—
 1497         (3) Except as provided in s. 320.27(7), no person shall
 1498  sell or otherwise dispose of a motor vehicle or mobile home
 1499  without delivering to the purchaser or transferee thereof a
 1500  certificate of title with such assignment thereon as may be
 1501  necessary to show title in the name of the purchaser. No person
 1502  shall purchase or otherwise acquire or bring into the state a
 1503  motor vehicle or mobile home, except for a surviving spouse as
 1504  provided by s. 319.28 or except for temporary use, unless such
 1505  person obtains a certificate of title for it in his or her name
 1506  in accordance with the provisions of this chapter. However, any
 1507  licensed dealer may, in lieu of having a certificate of title
 1508  issued in the dealer’s name, reassign any existing certificate
 1509  of title, except as provided in s. 319.225. It shall not be
 1510  necessary for any licensed dealer to obtain a certificate of
 1511  title on any new motor vehicle or new mobile home which he or
 1512  she is selling or which he or she acquires for sale if the
 1513  dealer obtains a manufacturer’s statement of origin as provided
 1514  in subsection (1); however, the dealer shall attach the
 1515  manufacturer’s statement of origin to the separate application
 1516  for initial certificate of title which is made by the purchaser
 1517  and certify on the face of such application that the vehicle is
 1518  a new motor vehicle or new mobile home and shall also disclose
 1519  the name and address of the manufacturer, distributor, or other
 1520  person from whom the dealer acquired such motor vehicle or
 1521  mobile home. In no event shall a manufacturer’s statement of
 1522  origin be issued or reissued to any distributor, licensed
 1523  dealer, or other person for the purpose of updating any motor
 1524  vehicle or mobile home for sale. As used in this subsection, the
 1525  term “updating” means:
 1526         (a) Modification of the motor vehicle or mobile home in
 1527  such a manner that it resembles in appearance the current year’s
 1528  model as defined in s. 319.14(3);
 1529         Reviser’s note.—Amended to conform to the deletion of the
 1530         definition of “current year’s model” from s. 319.14(3) by
 1531         s. 3, ch. 89-333, Laws of Florida.
 1532         Section 57. Paragraph (a) of subsection (7) of section
 1533  319.30, Florida Statutes, is amended to read:
 1534         319.30 Definitions; dismantling, destruction, change of
 1535  identity of motor vehicle or mobile home; salvage.—
 1536         (7)(a) In the event of a purchase by a secondary metals
 1537  recycler, that has been issued a certificate of registration
 1538  number, of:
 1539         1. Materials, prepared materials, or parts from any seller
 1540  for purposes other than the processing of such materials,
 1541  prepared materials, or parts, the purchaser shall obtain such
 1542  documentation as may be required by this section and shall
 1543  record the seller’s name and address, date of purchase, and the
 1544  personal identification card number of the person delivering
 1545  such items.
 1546         2. Parts or prepared materials from any seller for purposes
 1547  of the processing of such parts or prepared materials, the
 1548  purchaser shall record the seller’s name and address and date of
 1549  purchase and, in the event of a purchase transaction consisting
 1550  primarily of parts or prepared materials, the personal
 1551  identification card number of the person delivering such items.
 1552         3. Materials from another secondary metals recycler for
 1553  purposes of the processing of such materials, the purchaser
 1554  shall record the seller’s name and address and date of purchase.
 1555         4.a. Motor vehicles, recreational vehicles, mobile homes,
 1556  or derelict motor vehicles from other than a secondary metals
 1557  recycler for purposes of the processing of such motor vehicles,
 1558  recreational vehicles, mobile homes, or derelict motor vehicles,
 1559  the purchaser shall make the required notification to the
 1560  National Motor Vehicle Title Information System and record the
 1561  date of purchase and the name, address, and personal
 1562  identification card number of the person selling such items and
 1563  shall obtain the following documentation from the seller with
 1564  respect to each item purchased:
 1565         (I) A valid certificate of title issued in the name of the
 1566  seller or properly endorsed, as required in s. 319.22, over to
 1567  the seller;
 1568         (II) A valid salvage certificate of title issued in the
 1569  name of the seller or properly endorsed, as required in s.
 1570  319.22, over to the seller;
 1571         (III) A valid certificate of destruction issued in the name
 1572  of the seller or properly endorsed over to the seller; or
 1573         (IV) A valid derelict motor vehicle certificate obtained
 1574  from the department by a licensed salvage motor vehicle dealer
 1575  and properly reassigned to the secondary metals recycler.
 1576         b. If a valid certificate of title, salvage certificate of
 1577  title, certificate of destruction, or derelict motor vehicle
 1578  certificate is not available and the motor vehicle or mobile
 1579  home is a derelict motor vehicle, a derelict motor vehicle
 1580  certificate application shall be completed by the seller or
 1581  owner of the motor vehicle or mobile home, the seller’s or
 1582  owner’s authorized transporter, and the registered secondary
 1583  metals recycler at the time of sale, transport, or delivery to
 1584  the registered secondary metals recycler to obtain a derelict
 1585  motor vehicle certificate from the department. The derelict
 1586  motor vehicle certificate application must be accompanied by a
 1587  legible copy of the seller’s or owner’s valid Florida driver
 1588  license or Florida identification card, or a valid driver
 1589  license or identification card from another state. If the seller
 1590  is not the owner of record of the vehicle being sold, the
 1591  recycler shall, at the time of sale, ensure that a smudge-free
 1592  right thumbprint, or other digit if the seller has no right
 1593  thumb, of the seller is imprinted upon the derelict motor
 1594  vehicle certificate application and that the legible copy of the
 1595  seller’s driver license or identification card is affixed to the
 1596  application and transmitted to the department. The derelict
 1597  motor vehicle certificate shall be used by the owner, the
 1598  owner’s authorized transporter, and the registered secondary
 1599  metals recycler. The registered secondary metals recycler shall
 1600  make the required notification of the derelict motor vehicle to
 1601  the National Motor Vehicle Title Information System and shall
 1602  secure the derelict motor vehicle for 3 full business days,
 1603  excluding weekends and holidays, if there is no active lien or a
 1604  lien of 3 years or more on the department’s records before
 1605  destroying or dismantling the derelict motor vehicle and shall
 1606  follow all reporting procedures established by the department,
 1607  including electronic notification to the department or delivery
 1608  of the original derelict motor vehicle certificate application
 1609  to an agent of the department within 24 hours after receiving
 1610  the derelict motor vehicle. If there is an active lien of less
 1611  than 3 years on the derelict motor vehicle, the registered
 1612  secondary metals recycler shall secure the derelict motor
 1613  vehicle for 10 days. The department shall notify the lienholder
 1614  of the application for a derelict motor vehicle certificate and
 1615  shall notify the lienholder of its intention to remove the lien.
 1616  Ten days after receipt of the motor vehicle derelict
 1617  application, the department may remove the lien from its records
 1618  if a written statement protesting removal of the lien is not
 1619  received by the department from the lienholder within the 10-day
 1620  period. However, if the lienholder files with the department and
 1621  the registered secondary metals recycler within the 10-day
 1622  period a written statement that the lien is still outstanding,
 1623  the department shall not remove the lien and shall place an
 1624  administrative hold on the record for 30 days to allow the
 1625  lienholder to apply for title to the vehicle or a repossession
 1626  certificate under s. 319.28. The registered secondary metals
 1627  recycler must secure the derelict motor vehicle until the
 1628  department’s administrative stop is removed, the lienholder
 1629  submits a lien satisfaction, or the lienholder takes possession
 1630  of the vehicle.
 1631         c. Any person who knowingly violates this subparagraph by
 1632  selling, transporting, delivering, purchasing, or receiving a
 1633  motor vehicle, recreational motor vehicle, mobile home, or
 1634  derelict motor vehicle without obtaining a certificate of title,
 1635  salvage certificate of title, certificate of destruction, or
 1636  derelict motor vehicle certificate; enters false or fictitious
 1637  information on a derelict motor vehicle certificate application;
 1638  does not complete the derelict motor vehicle certificate
 1639  application as required or does not make the required
 1640  notification to the department; does not make the required
 1641  notification to the National Motor Vehicle Title Information
 1642  System; does not obtain a legible copy of the seller’s or
 1643  owner’s driver license or identification card when required; or
 1644  destroys or dismantles a derelict motor vehicle without waiting
 1645  the required time as set forth in sub-subparagraph b. commits a
 1646  felony of the third degree, punishable as provided in s.
 1647  775.082, s. 775.083, or s. 775.084.
 1648         5. Major parts from other than a secondary metals recycler
 1649  for purposes of the processing of such major parts, the
 1650  purchaser shall record the seller’s name, address, date of
 1651  purchase, and the personal identification card number of the
 1652  person delivering such items, as well as the vehicle
 1653  identification number, if available, of each major part
 1654  purchased.
 1655         Reviser’s note.—Amended to confirm the editorial insertion of
 1656         the words “System and” to conform to context.
 1657         Section 58. Subsection (1) and paragraph (b) of subsection
 1658  (4) of section 322.12, Florida Statutes, are amended to read:
 1659         322.12 Examination of applicants.—
 1660         (1) It is the intent of the Legislature that every
 1661  applicant for an original driver’s license in this state be
 1662  required to pass an examination pursuant to this section.
 1663  However, the department may waive the knowledge, endorsement,
 1664  and skills tests for an applicant who is otherwise qualified and
 1665  who surrenders a valid driver’s license from another state or a
 1666  province of Canada, or a valid driver’s license issued by the
 1667  United States Armed Forces, if the driver applies for a Florida
 1668  license of an equal or lesser classification. Any applicant who
 1669  fails to pass the initial knowledge test incurs a $10 fee for
 1670  each subsequent test, to be deposited into the Highway Safety
 1671  Operating Trust Fund. Any applicant who fails to pass the
 1672  initial skills test incurs a $20 fee for each subsequent test,
 1673  to be deposited into the Highway Safety Operating Trust Fund. A
 1674  person who seeks to retain a hazardous-materials endorsement,
 1675  pursuant to s. 322.57(1)(e) 322.57(1)(d), must pass the
 1676  hazardous-materials test, upon surrendering his or her
 1677  commercial driver’s license, if the person has not taken and
 1678  passed the hazardous-materials test within 2 years before
 1679  applying for a commercial driver’s license in this state.
 1680         (4) The examination for an applicant for a commercial
 1681  driver’s license shall include a test of the applicant’s
 1682  eyesight given by a driver’s license examiner designated by the
 1683  department or by a licensed ophthalmologist, optometrist, or
 1684  physician and a test of the applicant’s hearing given by a
 1685  driver’s license examiner or a licensed physician. The
 1686  examination shall also include a test of the applicant’s ability
 1687  to read and understand highway signs regulating, warning, and
 1688  directing traffic; his or her knowledge of the traffic laws of
 1689  this state pertaining to the class of motor vehicle which he or
 1690  she is applying to be licensed to operate, including laws
 1691  regulating driving under the influence of alcohol or controlled
 1692  substances, driving with an unlawful blood-alcohol level, and
 1693  driving while intoxicated; his or her knowledge of the effects
 1694  of alcohol and controlled substances and the dangers of driving
 1695  a motor vehicle after having consumed alcohol or controlled
 1696  substances; and his or her knowledge of any special skills,
 1697  requirements, or precautions necessary for the safe operation of
 1698  the class of vehicle which he or she is applying to be licensed
 1699  to operate. In addition, the examination shall include an actual
 1700  demonstration of the applicant’s ability to exercise ordinary
 1701  and reasonable control in the safe operation of a motor vehicle
 1702  or combination of vehicles of the type covered by the license
 1703  classification which the applicant is seeking, including an
 1704  examination of the applicant’s ability to perform an inspection
 1705  of his or her vehicle.
 1706         (b) A person who seeks to retain a hazardous-materials
 1707  endorsement must, upon renewal, pass the test for such
 1708  endorsement as specified in s. 322.57(1)(e) 322.57(1)(d), if the
 1709  person has not taken and passed the hazardous-materials test
 1710  within 2 years preceding his or her application for a commercial
 1711  driver’s license in this state.
 1712         Reviser’s note.—Amended to conform to the redesignation of s.
 1713         322.57(1)(d) as s. 322.57(1)(e) by s. 90, ch. 2005-164,
 1714         Laws of Florida.
 1715         Section 59. Subsection (9) of section 322.143, Florida
 1716  Statutes, is amended to read:
 1717         322.143 Use of a driver license or identification card.—
 1718         (9) This section does not apply to a financial institution
 1719  as defined in s. 655.005(1)(i) 655.005(i).
 1720         Reviser’s note.—Amended to confirm the editorial substitution of
 1721         a reference to s. 655.005(1)(i) for a reference to s.
 1722         655.005(i) to conform to the complete citation for the
 1723         provision in s. 655.005 that defines “financial
 1724         institution.”
 1725         Section 60. Paragraph (h) of subsection (1) of section
 1726  322.21, Florida Statutes, is amended to read:
 1727         322.21 License fees; procedure for handling and collecting
 1728  fees.—
 1729         (1) Except as otherwise provided herein, the fee for:
 1730         (h) A hazardous-materials endorsement, as required by s.
 1731  322.57(1)(e) 322.57(1)(d), shall be set by the department by
 1732  rule and must reflect the cost of the required criminal history
 1733  check, including the cost of the state and federal fingerprint
 1734  check, and the cost to the department of providing and issuing
 1735  the license. The fee shall not exceed $100. This fee shall be
 1736  deposited in the Highway Safety Operating Trust Fund. The
 1737  department may adopt rules to administer this section.
 1738         Reviser’s note.—Amended to conform to the redesignation of s.
 1739         322.57(1)(d) as s. 322.57(1)(e) by s. 90, ch. 2005-164,
 1740         Laws of Florida.
 1741         Section 61. Paragraph (a) of subsection (2) of section
 1742  322.292, Florida Statutes, is amended to read:
 1743         322.292 DUI programs supervision; powers and duties of the
 1744  department.—
 1745         (2) The department shall adopt rules to implement its
 1746  supervisory authority over DUI programs in accordance with the
 1747  procedures of chapter 120, including the establishment of
 1748  uniform standards of operation for DUI programs and the method
 1749  for setting and approving fees, as follows:
 1750         (a) Adopt rules for statutorily required education,
 1751  evaluation, and supervision of DUI offenders. Such rules
 1752  previously adopted by the Traffic Court Review Committee of the
 1753  Supreme Court of Florida shall remain in effect unless modified
 1754  by the department.
 1755         Reviser’s note.—Amended to conform to the deletion of this
 1756         sentence by s. 9, ch. 99-234, Laws of Florida; s. 322.292
 1757         was also amended by s. 294, ch. 99-248, Laws of Florida,
 1758         and the word “rules” was substituted for the term “minimum
 1759         standards” throughout the section, including in the
 1760         sentence repealed by s. 9, ch. 99-234.
 1761         Section 62. Subsection (2) of section 323.002, Florida
 1762  Statutes, is reenacted to read:
 1763         323.002 County and municipal wrecker operator systems;
 1764  penalties for operation outside of system.—
 1765         (2) In any county or municipality that operates a wrecker
 1766  operator system:
 1767         (a) It is unlawful for an unauthorized wrecker operator or
 1768  its employees or agents to monitor police radio for
 1769  communications between patrol field units and the dispatcher in
 1770  order to determine the location of a wrecked or disabled vehicle
 1771  for the purpose of driving by the scene of such vehicle in a
 1772  manner described in paragraph (b) or paragraph (c). Any person
 1773  who violates this paragraph commits a noncriminal violation,
 1774  punishable as provided in s. 775.083.
 1775         (b) It is unlawful for an unauthorized wrecker operator to
 1776  drive by the scene of a wrecked or disabled vehicle before the
 1777  arrival of an authorized wrecker operator, initiate contact with
 1778  the owner or operator of such vehicle by soliciting or offering
 1779  towing services, and tow such vehicle. Any person who violates
 1780  this paragraph commits a misdemeanor of the second degree,
 1781  punishable as provided in s. 775.082 or s. 775.083.
 1782         (c) When an unauthorized wrecker operator drives by the
 1783  scene of a wrecked or disabled vehicle and the owner or operator
 1784  initiates contact by signaling the wrecker operator to stop and
 1785  provide towing services, the unauthorized wrecker operator must
 1786  disclose in writing to the owner or operator of the vehicle his
 1787  or her full name and driver license number, that he or she is
 1788  not the authorized wrecker operator who has been designated as
 1789  part of the wrecker operator system, that the motor vehicle is
 1790  not being towed for the owner’s or operator’s insurance company
 1791  or lienholder, whether he or she has in effect an insurance
 1792  policy providing at least $300,000 of liability insurance and at
 1793  least $50,000 of on-hook cargo insurance, and the maximum
 1794  charges for towing and storage which will apply before the
 1795  vehicle is connected to the towing apparatus. Any person who
 1796  violates this paragraph commits a misdemeanor of the second
 1797  degree, punishable as provided in s. 775.082 or s. 775.083.
 1798         (d) At the scene of a wrecked or disabled vehicle, it is
 1799  unlawful for a wrecker operator to falsely identify himself or
 1800  herself as being part of the wrecker operator system. Any person
 1801  who violates this paragraph is guilty of a misdemeanor of the
 1802  first degree, punishable as provided in s. 775.082 or s.
 1803  775.083.
 1804         Reviser’s note.—Section 65, ch. 2013-160, Laws of Florida,
 1805         purported to amend subsection (2) but did not publish
 1806         paragraph (d). Absent affirmative evidence of legislative
 1807         intent to repeal it, subsection (2) is reenacted to confirm
 1808         that the omission was not intended.
 1809         Section 63. Subsection (8) of section 326.004, Florida
 1810  Statutes, is amended to read:
 1811         326.004 Licensing.—
 1812         (8) A person may not be licensed as a broker unless he or
 1813  she has been a salesperson for at least 2 consecutive years, and
 1814  may not be licensed as a broker after October 1, 1990, unless he
 1815  or she has been licensed as a salesperson for at least 2
 1816  consecutive years.
 1817         Reviser’s note.—Amended to delete an obsolete provision.
 1818         Section 64. Subsection (3) of section 334.065, Florida
 1819  Statutes, is amended to read:
 1820         334.065 Center for Urban Transportation Research.—
 1821         (3) An advisory board shall be created to periodically and
 1822  objectively review and advise the center concerning its research
 1823  program. Except for projects mandated by law, state-funded base
 1824  projects shall not be undertaken without approval of the
 1825  advisory board. The membership of the board shall consist of
 1826  nine experts in transportation-related areas, including the
 1827  secretaries of the Florida Departments of Transportation,
 1828  Community Affairs, and Environmental Protection, the executive
 1829  director of the Department of Economic Opportunity, or their
 1830  designees, and a member of the Florida Transportation
 1831  Commission. The nomination of the remaining members of the board
 1832  shall be made to the President of the University of South
 1833  Florida by the College of Engineering at the University of South
 1834  Florida, and the appointment of these members must be reviewed
 1835  and approved by the Florida Transportation Commission and
 1836  confirmed by the Board of Governors.
 1837         Reviser’s note.—Amended to substitute a reference to the
 1838         executive director of the Department of Economic
 1839         Opportunity for a reference to the secretary of the
 1840         Department of Community Affairs. The Department of
 1841         Community Affairs was abolished by s. 3, ch. 2011-142, Laws
 1842         of Florida, and functions of the department relating to
 1843         community planning were transferred to the Department of
 1844         Economic Opportunity.
 1845         Section 65. Paragraph (f) of subsection (7) of section
 1846  339.135, Florida Statutes, is amended to read:
 1847         339.135 Work program; legislative budget request;
 1848  definitions; preparation, adoption, execution, and amendment.—
 1849         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
 1850         (f) The department may authorize the investment of the
 1851  earnings accrued and collected upon the investment of the
 1852  minimum balance of funds required to be maintained in the State
 1853  Transportation Trust Fund pursuant to paragraph (6)(b) former
 1854  paragraph (b).
 1855         Reviser’s note.—Amended to conform to the repeal of paragraph
 1856         (7)(b) by s. 5, ch. 2012-6, Laws of Florida. Minimum
 1857         balances are referenced in paragraph (6)(b).
 1858         Section 66. Paragraph (e) of subsection (7) of section
 1859  366.04, Florida Statutes, is amended to read:
 1860         366.04 Jurisdiction of commission.—
 1861         (7)
 1862         (e) If a majority of the affected municipal electric
 1863  utility’s retail electric customers vote in favor of creating a
 1864  separate electric utility authority, the affected municipal
 1865  electric utility shall, no later than January 15, 2009, provide
 1866  to each member of the Legislature whose district includes any
 1867  portion of the electric service territory of the affected
 1868  municipal electric utility a proposed charter that transfers
 1869  operations of its electric, water, and sewer utility businesses
 1870  to a duly-created authority, the governing board of which shall
 1871  proportionally represent the number of county and city
 1872  ratepayers of the electric utility.
 1873         Reviser’s note.—Amended to delete a provision that has served
 1874         its purpose.
 1875         Section 67. Subsection (1) of section 366.11, Florida
 1876  Statutes, is amended to read:
 1877         366.11 Certain exemptions.—
 1878         (1) No provision of this chapter shall apply in any manner,
 1879  other than as specified in ss. 366.04, 366.05(7) and (8),
 1880  366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.83
 1881  366.80-366.85, and 366.91, to utilities owned and operated by
 1882  municipalities, whether within or without any municipality, or
 1883  by cooperatives organized and existing under the Rural Electric
 1884  Cooperative Law of the state, or to the sale of electricity,
 1885  manufactured gas, or natural gas at wholesale by any public
 1886  utility to, and the purchase by, any municipality or cooperative
 1887  under and pursuant to any contracts now in effect or which may
 1888  be entered into in the future, when such municipality or
 1889  cooperative is engaged in the sale and distribution of
 1890  electricity or manufactured or natural gas, or to the rates
 1891  provided for in such contracts.
 1892         Reviser’s note.—Amended to conform to the repeal of s. 366.84 by
 1893         s. 14, ch. 95-372, Laws of Florida; the repeal was
 1894         confirmed by s. 7, ch. 97-94, Laws of Florida; and the
 1895         repeal of s. 366.85 by s. 2, ch. 2012-67, Laws of Florida.
 1896         Section 68. Section 366.80, Florida Statutes, is amended to
 1897  read:
 1898         366.80 Short title.—Sections 366.80-366.83 366.80-366.85
 1899  and 403.519 shall be known and may be cited as the “Florida
 1900  Energy Efficiency and Conservation Act.”
 1901         Reviser’s note.—Amended to conform to the repeal of s. 366.84 by
 1902         s. 14, ch. 95-372, Laws of Florida; the repeal was
 1903         confirmed by s. 7, ch. 97-94, Laws of Florida; and the
 1904         repeal of s. 366.85 by s. 2, ch. 2012-67, Laws of Florida.
 1905         Section 69. Section 366.81, Florida Statutes, is amended to
 1906  read:
 1907         366.81 Legislative findings and intent.—The Legislature
 1908  finds and declares that it is critical to utilize the most
 1909  efficient and cost-effective demand-side renewable energy
 1910  systems and conservation systems in order to protect the health,
 1911  prosperity, and general welfare of the state and its citizens.
 1912  Reduction in, and control of, the growth rates of electric
 1913  consumption and of weather-sensitive peak demand are of
 1914  particular importance. The Legislature further finds that the
 1915  Florida Public Service Commission is the appropriate agency to
 1916  adopt goals and approve plans related to the promotion of
 1917  demand-side renewable energy systems and the conservation of
 1918  electric energy and natural gas usage. The Legislature directs
 1919  the commission to develop and adopt overall goals and authorizes
 1920  the commission to require each utility to develop plans and
 1921  implement programs for increasing energy efficiency and
 1922  conservation and demand-side renewable energy systems within its
 1923  service area, subject to the approval of the commission. Since
 1924  solutions to our energy problems are complex, the Legislature
 1925  intends that the use of solar energy, renewable energy sources,
 1926  highly efficient systems, cogeneration, and load-control systems
 1927  be encouraged. Accordingly, in exercising its jurisdiction, the
 1928  commission shall not approve any rate or rate structure which
 1929  discriminates against any class of customers on account of the
 1930  use of such facilities, systems, or devices. This expression of
 1931  legislative intent shall not be construed to preclude
 1932  experimental rates, rate structures, or programs. The
 1933  Legislature further finds and declares that ss. 366.80-366.83
 1934  366.80-366.85 and 403.519 are to be liberally construed in order
 1935  to meet the complex problems of reducing and controlling the
 1936  growth rates of electric consumption and reducing the growth
 1937  rates of weather-sensitive peak demand; increasing the overall
 1938  efficiency and cost-effectiveness of electricity and natural gas
 1939  production and use; encouraging further development of demand
 1940  side renewable energy systems; and conserving expensive
 1941  resources, particularly petroleum fuels.
 1942         Reviser’s note.—Amended to conform to the repeal of s. 366.84 by
 1943         s. 14, ch. 95-372, Laws of Florida; the repeal was
 1944         confirmed by s. 7, ch. 97-94, Laws of Florida; and the
 1945         repeal of s. 366.85 by s. 2, ch. 2012-67, Laws of Florida.
 1946         Section 70. Subsections (1) and (10) of section 366.82,
 1947  Florida Statutes, are amended to read:
 1948         366.82 Definition; goals; plans; programs; annual reports;
 1949  energy audits.—
 1950         (1) For the purposes of ss. 366.80-366.83 366.80-366.85 and
 1951  403.519:
 1952         (a) “Utility” means any person or entity of whatever form
 1953  which provides electricity or natural gas at retail to the
 1954  public, specifically including municipalities or
 1955  instrumentalities thereof and cooperatives organized under the
 1956  Rural Electric Cooperative Law and specifically excluding any
 1957  municipality or instrumentality thereof, any cooperative
 1958  organized under the Rural Electric Cooperative Law, or any other
 1959  person or entity providing natural gas at retail to the public
 1960  whose annual sales volume is less than 100 million therms or any
 1961  municipality or instrumentality thereof and any cooperative
 1962  organized under the Rural Electric Cooperative Law providing
 1963  electricity at retail to the public whose annual sales as of
 1964  July 1, 1993, to end-use customers is less than 2,000 gigawatt
 1965  hours.
 1966         (b) “Demand-side renewable energy” means a system located
 1967  on a customer’s premises generating thermal or electric energy
 1968  using Florida renewable energy resources and primarily intended
 1969  to offset all or part of the customer’s electricity requirements
 1970  provided such system does not exceed 2 megawatts.
 1971         (10) The commission shall require periodic reports from
 1972  each utility and shall provide the Legislature and the Governor
 1973  with an annual report by March 1 of the goals it has adopted and
 1974  its progress toward meeting those goals. The commission shall
 1975  also consider the performance of each utility pursuant to ss.
 1976  366.80-366.83 366.80-366.85 and 403.519 when establishing rates
 1977  for those utilities over which the commission has ratesetting
 1978  authority.
 1979         Reviser’s note.—Amended to conform to the repeal of s. 366.84 by
 1980         s. 14, ch. 95-372, Laws of Florida; the repeal was
 1981         confirmed by s. 7, ch. 97-94, Laws of Florida; and the
 1982         repeal of s. 366.85 by s. 2, ch. 2012-67, Laws of Florida.
 1983         Section 71. Section 366.83, Florida Statutes, is amended to
 1984  read:
 1985         366.83 Certain laws not applicable; saving clause.—No
 1986  utility shall be held liable for the acts or omissions of any
 1987  person in implementing or attempting to implement those measures
 1988  found cost-effective by, or recommended as a result of, an
 1989  energy audit. The findings and recommendations of an energy
 1990  audit shall not be construed to be a warranty or guarantee of
 1991  any kind, nor shall such findings or recommendations subject the
 1992  utility to liability of any kind. Nothing in ss. 366.80-366.83
 1993  366.80-366.85 and 403.519 shall preempt or affect litigation
 1994  pending on June 5, 1980, nor shall ss. 366.80-366.83 366.80
 1995  366.86 and 403.519 preempt federal law unless such preemption is
 1996  expressly authorized by federal statute.
 1997         Reviser’s note.—Amended to conform to the repeal of s. 366.84 by
 1998         s. 14, ch. 95-372, Laws of Florida; the repeal was
 1999         confirmed by s. 7, ch. 97-94, Laws of Florida; and the
 2000         repeal of s. 366.85 by s. 2, ch. 2012-67, Laws of Florida,
 2001         and the transfer of s. 366.86 to s. 403.519 in 1980.
 2002         Section 72. Subsection (4) of section 366.94, Florida
 2003  Statutes, is amended to read:
 2004         366.94 Electric vehicle charging stations.—
 2005         (4) The Public Service Commission is directed to conduct a
 2006  study of the potential effects of public charging stations and
 2007  privately owned electric vehicle charging on both energy
 2008  consumption and the impact on the electric grid in the state.
 2009  The Public Service Commission shall also investigate the
 2010  feasibility of using off-grid solar photovoltaic power as a
 2011  source of electricity for the electric vehicle charging
 2012  stations. The commission shall submit the results of the study
 2013  to the President of the Senate, the Speaker of the House of
 2014  Representatives, and the Executive Office of the Governor by
 2015  December 31, 2012.
 2016         Reviser’s note.—Amended to delete a provision that has served
 2017         its purpose.
 2018         Section 73. Paragraph (b) of subsection (2) of section
 2019  373.036, Florida Statutes, is amended to read:
 2020         373.036 Florida water plan; district water management
 2021  plans.—
 2022         (2) DISTRICT WATER MANAGEMENT PLANS.—
 2023         (b) The district water management plan shall include, but
 2024  not be limited to:
 2025         1. The scientific methodologies for establishing minimum
 2026  flows and levels under s. 373.042, and all established minimum
 2027  flows and levels.
 2028         2. Identification of one or more water supply planning
 2029  regions that singly or together encompass the entire district.
 2030         3. Technical data and information prepared under s.
 2031  373.711.
 2032         4. A districtwide water supply assessment, to be completed
 2033  no later than July 1, 1998, which determines for each water
 2034  supply planning region:
 2035         a. Existing legal uses, reasonably anticipated future
 2036  needs, and existing and reasonably anticipated sources of water
 2037  and conservation efforts; and
 2038         b. Whether existing and reasonably anticipated sources of
 2039  water and conservation efforts are adequate to supply water for
 2040  all existing legal uses and reasonably anticipated future needs
 2041  and to sustain the water resources and related natural systems.
 2042         5. Any completed regional water supply plans.
 2043         Reviser’s note.—Amended to delete language that has served its
 2044         purpose.
 2045         Section 74. Subsection (6) of section 373.0363, Florida
 2046  Statutes, is amended to read:
 2047         373.0363 Southern Water Use Caution Area Recovery
 2048  Strategy.—
 2049         (6) The district shall submit the West-Central Florida
 2050  Water Restoration Action Plan developed pursuant to subsection
 2051  (4) to the President of the Senate and the Speaker of the House
 2052  of Representatives prior to the 2010 regular legislative session
 2053  for review. If the Legislature takes no action on the plan
 2054  during the 2010 regular legislative session, the plan shall be
 2055  deemed approved.
 2056         Reviser’s note.—Amended to delete a provision that has served
 2057         its purpose.
 2058         Section 75. Subsections (2), (8), and (9) of section
 2059  373.4145, Florida Statutes, are amended to read:
 2060         373.4145 Part IV permitting program within the geographical
 2061  jurisdiction of the Northwest Florida Water Management
 2062  District.—
 2063         (2) The department may implement chapter 40A-4, Florida
 2064  Administrative Code, in effect prior to July 1, 1994, pursuant
 2065  to an interagency agreement with the Northwest Florida Water
 2066  Management District adopted under s. 373.046(4).
 2067         (8) Within the geographical jurisdiction of the Northwest
 2068  Florida Water Management District, the methodology for
 2069  determining the landward extent of surface waters of the state
 2070  under chapter 403 in effect prior to the effective date of the
 2071  methodology ratified in s. 373.4211 shall apply to:
 2072         (a) Activities permitted under the rules adopted pursuant
 2073  to ss. 403.91-403.929, 1984 Supplement to the Florida Statutes
 2074  1983, as amended, or that were exempted from regulation under
 2075  such rules, prior to July 1, 1994, and that were permitted under
 2076  chapter 62-25, Florida Administrative Code, or exempt from
 2077  chapter 62-25, Florida Administrative Code, prior to July 1,
 2078  1994, provided:
 2079         1. An activity authorized by such permits is conducted in
 2080  accordance with the plans, terms, and conditions of such
 2081  permits.
 2082         2. An activity exempted from the permitting requirements of
 2083  the rules adopted pursuant to ss. 403.91-403.929, 1984
 2084  Supplement to the Florida Statutes 1983, as amended, or chapter
 2085  62-25, Florida Administrative Code, is:
 2086         a. Commenced prior to July 1, 1994, and completed by July
 2087  1, 1999;
 2088         b. Conducted in accordance with a plan depicting the
 2089  activity that has been submitted to and approved for
 2090  construction by the department, the appropriate local
 2091  government, the United States Army Corps of Engineers, or the
 2092  Northwest Florida Water Management District; and
 2093         c. Conducted in accordance with the terms of the exemption.
 2094         (b) An activity within the boundaries of a valid
 2095  jurisdictional declaratory statement issued pursuant to s.
 2096  403.914, 1984 Supplement to the Florida Statutes 1983, as
 2097  amended, or the rules adopted thereunder, in response to a
 2098  petition received prior to June 1, 1994.
 2099         (c) Any modification of a permitted or exempt activity as
 2100  described in paragraph (a) that does not constitute a
 2101  substantial modification or that lessens the environmental
 2102  impact of such permitted or exempt activity. For the purposes of
 2103  this section, a substantial modification is one that is
 2104  reasonably expected to lead to substantially different
 2105  environmental impacts.
 2106         (d) Applications for activities permitted under the rules
 2107  adopted pursuant to ss. 403.91-403.929, 1984 Supplement to the
 2108  1983 Florida Statutes, as amended, that were pending on June 15,
 2109  1994, unless the application elects to have applied the
 2110  delineation methodology ratified in s. 373.4211.
 2111         (9) Subsections (2) and (8) are repealed on the effective
 2112  date of the rules adopted under subsection (1).
 2113         Reviser’s note.—Amended to delete repealed provisions; the rules
 2114         required to be adopted by s. 373.4145(1) have been adopted,
 2115         and the repeal of subsections (2) and (8) by subsection (9)
 2116         has taken effect.
 2117         Section 76. Paragraph (a) of subsection (3) of section
 2118  373.4592, Florida Statutes, is amended to read:
 2119         373.4592 Everglades improvement and management.—
 2120         (3) EVERGLADES LONG-TERM PLAN.—
 2121         (a) The Legislature finds that the Everglades Program
 2122  required by this section establishes more extensive and
 2123  comprehensive requirements for surface water improvement and
 2124  management within the Everglades than the SWIM plan requirements
 2125  provided in ss. 373.451 and 373.453 373.451-373.456. In order to
 2126  avoid duplicative requirements, and in order to conserve the
 2127  resources available to the district, the SWIM plan requirements
 2128  of those sections shall not apply to the Everglades Protection
 2129  Area and the EAA during the term of the Everglades Program, and
 2130  the district will neither propose, nor take final agency action
 2131  on, any Everglades SWIM plan for those areas until the
 2132  Everglades Program is fully implemented. Funds under s.
 2133  259.101(3)(b) may be used for acquisition of lands necessary to
 2134  implement the Everglades Construction Project, to the extent
 2135  these funds are identified in the Statement of Principles of
 2136  July 1993. The district’s actions in implementing the Everglades
 2137  Construction Project relating to the responsibilities of the EAA
 2138  and C-139 Basin for funding and water quality compliance in the
 2139  EAA and the Everglades Protection Area shall be governed by this
 2140  section. Other strategies or activities in the March 1992
 2141  Everglades SWIM plan may be implemented if otherwise authorized
 2142  by law.
 2143         Reviser’s note.—Amended to conform to the repeal of ss. 373.455
 2144         and 373.456 by s. 7, ch. 2003-265, Laws of Florida.
 2145         Section 77. Paragraphs (a), (b), and (c) of subsection (8)
 2146  of section 373.59, Florida Statutes, are amended to read:
 2147         373.59 Water Management Lands Trust Fund.—
 2148         (8) Moneys from the Water Management Lands Trust Fund shall
 2149  be allocated as follows:
 2150         (a) Through the 2008-2009 fiscal year, thirty percent to
 2151  the South Florida Water Management District. Beginning with the
 2152  2009-2010 fiscal year, thirty percent shall be used first to pay
 2153  debt service on bonds issued before February 1, 2009, by the
 2154  South Florida Water Management District which are secured by
 2155  revenues provided by this section or to fund debt service
 2156  reserve funds, rebate obligations, or other amounts payable with
 2157  respect to such bonds, then to transfer $3,000,000 to the credit
 2158  of the General Revenue Fund in each fiscal year, and lastly to
 2159  distribute the remainder to the South Florida Water Management
 2160  District.
 2161         (b) Through the 2008-2009 fiscal year, twenty-five percent
 2162  to the Southwest Florida Water Management District. Beginning
 2163  with the 2009-2010 fiscal year, twenty-five percent shall be
 2164  used first to transfer $2,500,000 to the credit of the General
 2165  Revenue Fund in each fiscal year and then to distribute the
 2166  remainder to the Southwest Florida Water Management District.
 2167         (c) Through the 2008-2009 fiscal year, twenty-five percent
 2168  to the St. Johns River Water Management District. Beginning with
 2169  the 2009-2010 fiscal year, twenty-five percent shall be used
 2170  first to pay debt service on bonds issued before February 1,
 2171  2009, by the St. Johns River Water Management District which are
 2172  secured by revenues provided by this section or to fund debt
 2173  service reserve funds, rebate obligations, or other amounts
 2174  payable with respect to such bonds, then to transfer $2,500,000
 2175  to the credit of the General Revenue Fund in each fiscal year,
 2176  and to distribute the remainder to the St. Johns River Water
 2177  Management District.
 2178         Reviser’s note.—Amended to delete obsolete provisions.
 2179         Section 78. Subsection (2) of section 375.313, Florida
 2180  Statutes, is amended to read:
 2181         375.313 Commission powers and duties.—The commission shall:
 2182         (2) Adopt and promulgate such reasonable rules as deemed
 2183  necessary to administer the provisions of ss. 375.311-375.314
 2184  375.311-375.315, except that, before any such rules are adopted,
 2185  the commission shall obtain the consent and agreement, in
 2186  writing, of the owner, in the case of privately owned lands, or
 2187  the owner or primary custodian, in the case of publicly owned
 2188  lands.
 2189         Reviser’s note.—Amended to conform to the repeal of s. 375.315
 2190         by s. 69, ch. 2002-295, Laws of Florida.
 2191         Section 79. Section 376.011, Florida Statutes, is amended
 2192  to read:
 2193         376.011 Pollutant Discharge Prevention and Control Act;
 2194  short title.—Sections 376.011-376.21 376.011-376.165, 376.19
 2195  376.21 shall be known as the “Pollutant Discharge Prevention and
 2196  Control Act.”
 2197         Reviser’s note.—Amended to conform to the repeal of s. 376.17 by
 2198         s. 85, ch. 2010-102, Laws of Florida, s. 376.18 by s. 83,
 2199         ch. 83-310, Laws of Florida, and s. 376.185 by s. 4, ch.
 2200         2000-211, Laws of Florida.
 2201         Section 80. Subsections (4) and (10) of section 376.3078,
 2202         Florida Statutes, are amended to read:
 2203         376.3078 Drycleaning facility restoration; funds; uses;
 2204  liability; recovery of expenditures.—
 2205         (4) REHABILITATION CRITERIA.—It is the intent of the
 2206  Legislature to protect the health of all people under actual
 2207  circumstances of exposure. By July 1, 1999, The secretary of the
 2208  department shall establish criteria by rule for the purpose of
 2209  determining, on a site-specific basis, the rehabilitation
 2210  program tasks that comprise a site rehabilitation program,
 2211  including a voluntary site rehabilitation program, and the level
 2212  at which a rehabilitation program task and a site rehabilitation
 2213  program may be deemed completed. In establishing the rule, the
 2214  department shall incorporate, to the maximum extent feasible,
 2215  risk-based corrective action principles to achieve protection of
 2216  human health and safety and the environment in a cost-effective
 2217  manner as provided in this subsection. The rule shall also
 2218  include protocols for the use of natural attenuation and the
 2219  issuance of “no further action” letters. The criteria for
 2220  determining what constitutes a rehabilitation program task or
 2221  completion of a site rehabilitation program task or site
 2222  rehabilitation program, including a voluntary site
 2223  rehabilitation program, must:
 2224         (a) Consider the current exposure and potential risk of
 2225  exposure to humans and the environment, including multiple
 2226  pathways of exposure. The physical, chemical, and biological
 2227  characteristics of each contaminant must be considered in order
 2228  to determine the feasibility of risk-based corrective action
 2229  assessment.
 2230         (b) Establish the point of compliance at the source of the
 2231  contamination. However, the department is authorized to
 2232  temporarily move the point of compliance to the boundary of the
 2233  property, or to the edge of the plume when the plume is within
 2234  the property boundary, while cleanup, including cleanup through
 2235  natural attenuation processes in conjunction with appropriate
 2236  monitoring, is proceeding. The department also is authorized,
 2237  pursuant to criteria provided for in this section, to
 2238  temporarily extend the point of compliance beyond the property
 2239  boundary with appropriate monitoring, if such extension is
 2240  needed to facilitate natural attenuation or to address the
 2241  current conditions of the plume, provided human health, public
 2242  safety, and the environment are protected. When temporarily
 2243  extending the point of compliance beyond the property boundary,
 2244  it cannot be extended further than the lateral extent of the
 2245  plume at the time of execution of the voluntary cleanup
 2246  agreement, if known, or the lateral extent of the plume as
 2247  defined at the time of site assessment. Temporary extension of
 2248  the point of compliance beyond the property boundary, as
 2249  provided in this paragraph, must include actual notice by the
 2250  person responsible for site rehabilitation to local governments
 2251  and the owners of any property into which the point of
 2252  compliance is allowed to extend and constructive notice to
 2253  residents and business tenants of the property into which the
 2254  point of compliance is allowed to extend. Persons receiving
 2255  notice pursuant to this paragraph shall have the opportunity to
 2256  comment within 30 days of receipt of the notice.
 2257         (c) Ensure that the site-specific cleanup goal is that all
 2258  sites contaminated with drycleaning solvents ultimately achieve
 2259  the applicable cleanup target levels provided in this section.
 2260  In the circumstances provided below, and after constructive
 2261  notice and opportunity to comment within 30 days from receipt of
 2262  the notice to local government, to owners of any property into
 2263  which the point of compliance is allowed to extend, and to
 2264  residents on any property into which the point of compliance is
 2265  allowed to extend, the department may allow concentrations of
 2266  contaminants to temporarily exceed the applicable cleanup target
 2267  levels while cleanup, including cleanup through natural
 2268  attenuation processes in conjunction with appropriate
 2269  monitoring, is proceeding, if human health, public safety, and
 2270  the environment are protected.
 2271         (d) Allow the use of institutional or engineering controls
 2272  at sites contaminated with drycleaning solvents, where
 2273  appropriate, to eliminate or control the potential exposure to
 2274  contaminants of humans or the environment. The use of controls
 2275  must be preapproved by the department and only after
 2276  constructive notice and opportunity to comment within 30 days
 2277  from receipt of notice is provided to local governments, to
 2278  owners of any property into which the point of compliance is
 2279  allowed to extend, and to residents on any property into which
 2280  the point of compliance is allowed to extend. When institutional
 2281  or engineering controls are implemented to control exposure, the
 2282  removal of the controls must have prior department approval and
 2283  must be accompanied by the resumption of active cleanup, or
 2284  other approved controls, unless cleanup target levels under this
 2285  section have been achieved.
 2286         (e) Consider the additive effects of contaminants. The
 2287  synergistic and antagonistic effects shall also be considered
 2288  when the scientific data become available.
 2289         (f) Take into consideration individual site
 2290  characteristics, which shall include, but not be limited to, the
 2291  current and projected use of the affected groundwater and
 2292  surface water in the vicinity of the site, current and projected
 2293  land uses of the area affected by the contamination, the exposed
 2294  population, the degree and extent of contamination, the rate of
 2295  contaminant migration, the apparent or potential rate of
 2296  contaminant degradation through natural attenuation processes,
 2297  the location of the plume, and the potential for further
 2298  migration in relation to site property boundaries.
 2299         (g) Apply state water quality standards as follows:
 2300         1. Cleanup target levels for each contaminant found in
 2301  groundwater shall be the applicable state water quality
 2302  standards. Where such standards do not exist, the cleanup target
 2303  levels for groundwater shall be based on the minimum criteria
 2304  specified in department rule. The department shall consider the
 2305  following, as appropriate, in establishing the applicable
 2306  minimum criteria: calculations using a lifetime cancer risk
 2307  level of 1.0E-6; a hazard index of 1 or less; the best
 2308  achievable detection limit; the naturally occurring background
 2309  concentration; or nuisance, organoleptic, and aesthetic
 2310  considerations.
 2311         2. Where surface waters are exposed to contaminated
 2312  groundwater, the cleanup target levels for the contaminants
 2313  shall be based on the lower of the groundwater or surface water
 2314  standards as established by department rule. The point of
 2315  measuring compliance with the surface water standards shall be
 2316  in the groundwater immediately adjacent to the surface water
 2317  body.
 2318         3. The department may set alternative cleanup target levels
 2319  based upon the person responsible for site rehabilitation
 2320  demonstrating, using site-specific modeling and risk assessment
 2321  studies, that human health, public safety, and the environment
 2322  are protected to the same degree as provided in subparagraphs 1.
 2323  and 2. Where a state water quality standard is applicable, a
 2324  deviation may not result in the application of cleanup target
 2325  levels more stringent than the standard. In determining whether
 2326  it is appropriate to establish alternative cleanup target levels
 2327  at a site, the department must consider the effectiveness of
 2328  source removal that has been completed at the site and the
 2329  practical likelihood of the use of low yield or poor quality
 2330  groundwater, the use of groundwater near marine surface water
 2331  bodies, the current and projected use of the affected
 2332  groundwater in the vicinity of the site, or the use of
 2333  groundwater in the immediate vicinity of the contaminated area,
 2334  where it has been demonstrated that the groundwater
 2335  contamination is not migrating away from such localized source,
 2336  provided human health, public safety, and the environment are
 2337  protected.
 2338         (h) Provide for the department to issue a “no further
 2339  action order,” with conditions where appropriate, when
 2340  alternative cleanup target levels established pursuant to
 2341  subparagraph (g)3. have been achieved, or when the person
 2342  responsible for site rehabilitation can demonstrate that the
 2343  cleanup target level is unachievable within available
 2344  technologies. Prior to issuing such an order, the department
 2345  shall consider the feasibility of an alternative site
 2346  rehabilitation technology in the area.
 2347         (i) Establish appropriate cleanup target levels for soils.
 2348         1. In establishing soil cleanup target levels for human
 2349  exposure to each contaminant found in soils from the land
 2350  surface to 2 feet below land surface, the department shall
 2351  consider the following, as appropriate: calculations using a
 2352  lifetime cancer risk level of 1.0E-6; a hazard index of 1 or
 2353  less; the best achievable detection limit; or the naturally
 2354  occurring background concentration. Institutional controls or
 2355  other methods shall be used to prevent human exposure to
 2356  contaminated soils more than 2 feet below the land surface. Any
 2357  removal of such institutional controls shall require such
 2358  contaminated soils to be remediated.
 2359         2. Leachability-based soil target levels shall be based on
 2360  protection of the groundwater cleanup target levels or the
 2361  alternate cleanup target levels for groundwater established
 2362  pursuant to this paragraph, as appropriate. Source removal and
 2363  other cost-effective alternatives that are technologically
 2364  feasible shall be considered in achieving the leachability soil
 2365  target levels established by the department. The leachability
 2366  goals shall not be applicable if the department determines,
 2367  based upon individual site characteristics, that contaminants
 2368  will not leach into the groundwater at levels which pose a
 2369  threat to human health, public safety, and the environment.
 2370         3. Using risk-based corrective action principles, the
 2371  department shall approve alternative cleanup target levels based
 2372  upon the person responsible for site rehabilitation
 2373  demonstrating, using site-specific modeling and risk assessment
 2374  studies, that human health, public safety, and the environment
 2375  are protected.
 2376  
 2377  The department shall require source removal, as a risk reduction
 2378  measure, if warranted and cost-effective. Once source removal at
 2379  a site is complete, the department shall reevaluate the site to
 2380  determine the degree of active cleanup needed to continue.
 2381  Further, the department shall determine if the reevaluated site
 2382  qualifies for monitoring only or if no further action is
 2383  required to rehabilitate the site. If additional site
 2384  rehabilitation is necessary to reach “no further action” status,
 2385  the department is encouraged to utilize natural attenuation and
 2386  monitoring where site conditions warrant.
 2387         (10) INSURANCE REQUIREMENTS.—The owner or operator of an
 2388  operating drycleaning facility or wholesale supply facility
 2389  shall, by January 1, 1999, have purchased third-party liability
 2390  insurance for $1 million of coverage for each operating
 2391  facility. The owner or operator shall maintain such insurance
 2392  while operating as a drycleaning facility or wholesale supply
 2393  facility and provide proof of such insurance to the department
 2394  upon registration renewal each year thereafter. Such requirement
 2395  applies only if such insurance becomes available to the owner or
 2396  operator at a reasonable rate and covers liability for
 2397  contamination subsequent to the effective date of the policy and
 2398  prior to the effective date, retroactive to the commencement of
 2399  operations at the drycleaning facility or wholesale supply
 2400  facility. Such insurance may be offered in group coverage
 2401  policies with a minimum coverage of $1 million for each member
 2402  of the group per year. For the purposes of this subsection,
 2403  reasonable rate means the rate developed based on exposure to
 2404  loss and underwriting and administrative costs as determined by
 2405  the Office of Insurance Regulation of the Financial Services
 2406  Commission, in consultation with representatives of the
 2407  drycleaning industry.
 2408         Reviser’s note.—Amended to delete obsolete provisions.
 2409         Section 81. Subsection (1) of section 379.333, Florida
 2410  Statutes, is amended to read:
 2411         379.333 Arrest by officers of the commission; recognizance;
 2412  cash bond; citation.—
 2413         (1) In all cases of arrest by officers of the commission,
 2414  the person arrested shall be delivered forthwith by such officer
 2415  to the sheriff of the county, or the officer shall obtain from
 2416  such person arrested a recognizance or, if deemed necessary, a
 2417  cash bond or other sufficient security conditioned for her or
 2418  his appearance before the proper tribunal of such county to
 2419  answer the charge for which the person has been arrested.
 2420         Reviser’s note.—Amended to confirm the editorial insertion of
 2421         the words “the officer” to facilitate correct
 2422         interpretation.
 2423         Section 82. Subsection (3) of section 379.3511, Florida
 2424  Statutes, is amended to read:
 2425         379.3511 Appointment of subagents for the sale of hunting,
 2426  fishing, and trapping licenses and permits.—
 2427         (3) All social security numbers that are provided pursuant
 2428  to s. 379.352 ss. 379.352 and 379.354 and are contained in
 2429  records of any subagent appointed under this section are
 2430  confidential as provided in those sections.
 2431         Reviser’s note.—Amended to conform to the fact that s. 379.352
 2432         references social security numbers; s. 379.354 does not.
 2433         Section 16, ch. 2002-46, Laws of Florida, dropped the
 2434         social security requirement from s. 372.57, which was
 2435         transferred to s. 379.354 by s. 139, ch. 2008-247, Laws of
 2436         Florida.
 2437         Section 83. Paragraph (f) of subsection (3) of section
 2438  381.911, Florida Statutes, is amended to read:
 2439         381.911 Prostate Cancer Awareness Program.—
 2440         (3) The University of Florida Prostate Disease Center
 2441  (UFPDC) shall establish the UFPDC Prostate Cancer Advisory
 2442  Council and lead the advisory council in developing and
 2443  implementing strategies to improve outreach and education and
 2444  thereby reduce the number of patients who develop prostate
 2445  cancer.
 2446         (f) The advisory council shall:
 2447         1. Present prostate-cancer-related policy recommendations
 2448  to the Department of Health and other appropriate governmental
 2449  entities.
 2450         2. Assess the accuracy of prostate cancer information
 2451  disseminated to the public.
 2452         3. Develop effective communication channels among all
 2453  private and public entities in the state involved in prostate
 2454  cancer education, research, treatment, and patient advocacy.
 2455         4. Plan, develop, and implement activities designed to
 2456  heighten awareness and educate residents of the state,
 2457  especially those in underserved areas, regarding the importance
 2458  of prostate cancer awareness.
 2459         5. Disseminate information about recent progress in
 2460  prostate cancer research and the availability of clinical
 2461  trials.
 2462         6. Minimize health disparities through outreach and
 2463  education.
 2464         7. Communicate best practices principles to physicians
 2465  involved in the care of patients with prostate cancer.
 2466         8. Establish a communication platform for patients and
 2467  their advocates.
 2468         9. Solicit private grants or philanthropic funding to
 2469  conduct an annual prostate cancer symposium that brings
 2470  physicians, researchers, community leaders, prostate cancer
 2471  survivors, and prostate cancer advocates together to highlight
 2472  recent advances in prostate cancer research, clinical trials,
 2473  and best practices used for the prevention of prostate cancer
 2474  and to promote strategies for successful rural and urban
 2475  outreach, community education, and increased awareness.
 2476         10. Submit and present an annual report to the Governor,
 2477  the President of the Senate, the Speaker of the House of
 2478  Representatives, and the State Surgeon General by January 15,
 2479  2012, and by January 15 of each following year, which contains
 2480  recommendations for legislative changes necessary to decrease
 2481  the incidence of prostate cancer, decrease racial and ethnic
 2482  disparities among persons diagnosed with prostate cancer, and
 2483  promote increased community education and awareness regarding
 2484  this disease.
 2485         Reviser’s note.—Amended to delete an obsolete provision.
 2486         Section 84. Subsection (4) of section 382.009, Florida
 2487  Statutes, is amended to read:
 2488         382.009 Recognition of brain death under certain
 2489  circumstances.—
 2490         (4) No recovery shall be allowed nor shall criminal
 2491  proceedings be instituted in any court in this state against a
 2492  physician or licensed medical facility that makes a
 2493  determination of death in accordance with this section or which
 2494  acts in reliance thereon, if such determination is made in
 2495  accordance with the accepted standard of care for such physician
 2496  or facility set forth in s. 766.102 768.45. Except for a
 2497  diagnosis of brain death, the standard set forth in this section
 2498  is not the exclusive standard for determining death or for the
 2499  withdrawal of life support systems.
 2500         Reviser’s note.—Amended to confirm the editorial substitution of
 2501         a reference to s. 766.102 for a reference to s. 768.45.
 2502         Section 768.45 was transferred to s. 766.102 by the reviser
 2503         incident to compiling the 1988 Supplement to the Florida
 2504         Statutes 1987.
 2505         Section 85. Section 383.16, Florida Statutes, is amended to
 2506  read:
 2507         383.16 Definitions; ss. 383.15-383.19 383.15-383.21.—As
 2508  used in ss. 383.15-383.19 383.15-383.21, the term:
 2509         (1) “Department” means the Department of Health.
 2510         (2) “Regional perinatal intensive care center” or “center”
 2511  means a unit designated by the department, located within a
 2512  hospital, and specifically designed to provide a full range of
 2513  health services to its patients.
 2514         (3) “Patient” means a woman who is experiencing a high-risk
 2515  pregnancy and who has been declared financially and medically
 2516  eligible or a newborn infant who needs intensive care and who is
 2517  declared financially and medically eligible.
 2518         Reviser’s note.—Amended to conform to the repeal of s. 383.21 by
 2519         s. 98, ch. 2010-102, Laws of Florida.
 2520         Section 86. Section 383.17, Florida Statutes, is amended to
 2521  read:
 2522         383.17 Regional perinatal intensive care centers program;
 2523  authority.—The department may contract with health care
 2524  providers in establishing and maintaining centers in accordance
 2525  with ss. 383.15-383.19 383.15-383.21. The cost of administering
 2526  the regional perinatal intensive care centers program shall be
 2527  paid by the department from funds appropriated for this purpose.
 2528         Reviser’s note.—Amended to conform to the repeal of s. 383.21 by
 2529         s. 98, ch. 2010-102, Laws of Florida.
 2530         Section 87. Section 383.18, Florida Statutes, is amended to
 2531  read:
 2532         383.18 Contracts; conditions.—Participation in the regional
 2533  perinatal intensive care centers program under ss. 383.15-383.19
 2534  383.15-383.21 is contingent upon the department entering into a
 2535  contract with a provider. The contract shall provide that
 2536  patients will receive services from the center and that parents
 2537  or guardians of patients who participate in the program and who
 2538  are in compliance with Medicaid eligibility requirements as
 2539  determined by the department are not additionally charged for
 2540  treatment and care which has been contracted for by the
 2541  department. Financial eligibility for the program is based on
 2542  the Medicaid income guidelines for pregnant women and for
 2543  children under 1 year of age. Funding shall be provided in
 2544  accordance with ss. 383.19 and 409.908.
 2545         Reviser’s note.—Amended to conform to the repeal of s. 383.21 by
 2546         s. 98, ch. 2010-102, Laws of Florida.
 2547         Section 88. Subsections (5) and (6) of section 383.19,
 2548  Florida Statutes, are amended to read:
 2549         383.19 Standards; funding; ineligibility.—
 2550         (5) A private, for-profit hospital that does not accept
 2551  county, state, or federal funds or indigent patients is not
 2552  eligible to participate under ss. 383.15-383.19 383.15-383.21.
 2553         (6) Each hospital that contracts with the department to
 2554  provide services under the terms of ss. 383.15-383.19 383.15
 2555  383.21 shall prepare and submit to the department an annual
 2556  report that includes, but is not limited to, the number of
 2557  clients served and the costs of services in the center. The
 2558  department shall annually conduct a programmatic and financial
 2559  evaluation of each center.
 2560         Reviser’s note.—Amended to conform to the repeal of s. 383.21 by
 2561         s. 98, ch. 2010-102, Laws of Florida.
 2562         Section 89. Paragraph (b) of subsection (1) of section
 2563  391.025, Florida Statutes, is amended to read:
 2564         391.025 Applicability and scope.—
 2565         (1) The Children’s Medical Services program consists of the
 2566  following components:
 2567         (b) The regional perinatal intensive care centers program
 2568  established in ss. 383.15-383.19 383.15-383.21.
 2569         Reviser’s note.—Amended to conform to the repeal of s. 383.21 by
 2570         s. 98, ch. 2010-102, Laws of Florida.
 2571         Section 90. Subsection (9) of section 394.9084, Florida
 2572  Statutes, is amended to read:
 2573         394.9084 Florida Self-Directed Care program.—
 2574         (9) By December 31, 2009, the Office of Program Policy
 2575  Analysis and Government Accountability shall evaluate the
 2576  effectiveness of the Florida Self-Directed Care program. The
 2577  evaluation shall include an assessment of participant choice and
 2578  access to services, cost savings, coordination and quality of
 2579  care, adherence to principles of self-directed care, barriers to
 2580  implementation, progress toward expansion of the program
 2581  statewide, and recommendations for improvement in the program.
 2582         Reviser’s note.—Amended to delete a provision that has served
 2583         its purpose.
 2584         Section 91. Subsection (11) of section 400.471, Florida
 2585  Statutes, as created by section 5 of chapter 2009-223, Laws of
 2586  Florida, and as created as subsection (10) by section 5 of
 2587  chapter 2009-193, Laws of Florida, is repealed.
 2588         Reviser’s note.—The cited subsection, which provides that an
 2589         initial or change of ownership license for a home health
 2590         agency in counties meeting specified requirements for
 2591         opening a new home health agency may not be issued until
 2592         July 1, 2010, is obsolete.
 2593         Section 92. Paragraph (a) of subsection (7) of section
 2594  400.960, Florida Statutes, is amended to read:
 2595         400.960 Definitions.—As used in this part, the term:
 2596         (7) “Restraint” means a physical device, method, or drug
 2597  used to control behavior.
 2598         (a) A physical restraint is any manual method or physical
 2599  or mechanical device, material, or equipment attached or
 2600  adjacent to the individual’s body so that he or she cannot
 2601  easily remove the restraint and which restricts freedom of
 2602  movement or normal access to the individual’s body one’s body.
 2603         Reviser’s note.—Amended to conform to context and improve
 2604         clarity.
 2605         Section 93. Paragraph (g) of subsection (4) and subsection
 2606  (8) of section 401.27, Florida Statutes, are amended to read:
 2607         401.27 Personnel; standards and certification.—
 2608         (4) An applicant for certification or recertification as an
 2609  emergency medical technician or paramedic must:
 2610         (g) Submit a completed application to the department, which
 2611  application documents compliance with paragraphs (a), (b), (c),
 2612  (e), (f), and this paragraph (g), and, if applicable, paragraph
 2613  (d). The application must be submitted so as to be received by
 2614  the department at least 30 calendar days before the next
 2615  regularly scheduled examination for which the applicant desires
 2616  to be scheduled.
 2617         (8) Each emergency medical technician certificate and each
 2618  paramedic certificate will expire automatically and may be
 2619  renewed if the holder meets the qualifications for renewal as
 2620  established by the department. A certificate that is not renewed
 2621  at the end of the 2-year period will automatically revert to an
 2622  inactive status for a period not to exceed 180 days. Such
 2623  certificate may be reactivated and renewed within the 180 days
 2624  if the certificateholder meets all other qualifications for
 2625  renewal and pays a $25 late fee. Reactivation shall be in a
 2626  manner and on forms prescribed by department rule. The holder of
 2627  a certificate that expired on December 1, 1996, has until
 2628  September 30, 1997, to reactivate the certificate in accordance
 2629  with this subsection.
 2630         Reviser’s note.—Paragraph (4)(g) is amended to conform to
 2631         Florida Statutes cite style. Subsection (8) is amended to
 2632         delete an obsolete provision.
 2633         Section 94. Paragraph (a) of subsection (24) of section
 2634  403.061, Florida Statutes, is amended to read:
 2635         403.061 Department; powers and duties.—The department shall
 2636  have the power and the duty to control and prohibit pollution of
 2637  air and water in accordance with the law and rules adopted and
 2638  promulgated by it and, for this purpose, to:
 2639         (24)(a) Establish a permit system to provide for spoil site
 2640  approval, as may be requested and required by local governmental
 2641  agencies as defined in s. 403.1835(2)(c) 403.1822(3), or
 2642  mosquito control districts as defined in s. 388.011(5), to
 2643  facilitate these agencies in providing spoil sites for the
 2644  deposit of spoil from maintenance dredging of navigation
 2645  channels, port harbors, turning basins, and harbor berths, as
 2646  part of a federal project, when the agency is acting as sponsor
 2647  of a contemplated dredge and fill operation involving an
 2648  established navigation channel, harbor, turning basin, or harbor
 2649  berth. A spoil site approval granted to the agency shall be
 2650  granted for a period of 10 to 25 years when such site is not
 2651  inconsistent with an adopted local governmental comprehensive
 2652  plan and the requirements of this chapter. The department shall
 2653  periodically review each permit to determine compliance with the
 2654  terms and conditions of the permit. Such review shall be
 2655  conducted at least once every 10 years.
 2656  
 2657  The department shall implement such programs in conjunction with
 2658  its other powers and duties and shall place special emphasis on
 2659  reducing and eliminating contamination that presents a threat to
 2660  humans, animals or plants, or to the environment.
 2661         Reviser’s note.—Amended to conform to the repeal of s. 403.1822
 2662         by s. 18, ch. 2001-270, Laws of Florida. The term “local
 2663         government agencies” was added to s. 403.1835(2)(a), by
 2664         s.15, 2001-270, Laws of Florida, in response to the repeal
 2665         of s. 403.1822. The section was further amended by s. 40,
 2666         ch. 2010-205, Laws of Florida, which reordered the
 2667         paragraphs so that the definition currently appears at
 2668         paragraph (2)(c).
 2669         Section 95. Subsection (1) of section 403.804, Florida
 2670  Statutes, is amended to read:
 2671         403.804 Environmental Regulation Commission; powers and
 2672  duties.—
 2673         (1) Except as provided in subsection (2) and s. 120.54(4),
 2674  the commission, pursuant to s. 403.805(1), shall exercise the
 2675  standard-setting authority of the department under this chapter;
 2676  part II of chapter 373 376; and ss. 373.309(1)(e), 373.414(4)
 2677  and (10), 373.4145(1)(a), 373.421(1), and 373.4592(4)(d)4. and
 2678  (e). The commission, in exercising its authority, shall consider
 2679  scientific and technical validity, economic impacts, and
 2680  relative risks and benefits to the public and the environment.
 2681  The commission shall not establish department policies,
 2682  priorities, plans, or directives. The commission may adopt
 2683  procedural rules governing the conduct of its meetings and
 2684  hearings.
 2685         Reviser’s note.—Amended to correct an apparent typographical
 2686         error. The referenced part II of chapter 376 does not
 2687         exist.
 2688         Section 96. Paragraph (b) of subsection (1) of section
 2689  403.9338, Florida Statutes, is amended to read:
 2690         403.9338 Training.—
 2691         (1) The department, in cooperation with the Institute of
 2692  Food and Agricultural Sciences, shall:
 2693         (b) Approve training and testing programs that are
 2694  equivalent to or more comprehensive than the training provided
 2695  by the department under paragraph (a). Such programs must be
 2696  reviewed and reapproved by the department if significant changes
 2697  are made. Currently approved programs must be reapproved by July
 2698  1, 2010.
 2699         Reviser’s note.—Amended to delete an obsolete provision.
 2700         Section 97. Section 408.914, Florida Statutes, is repealed.
 2701         Reviser’s note.—Section 408.914 is repealed to remove a
 2702         provision that has served its purpose. The section required
 2703         that the Agency for Health Care Administration, in
 2704         consultation with the steering committee established in s.
 2705         408.916, phase in the Comprehensive Health and Human
 2706         Services Eligibility Access System. The authorization for
 2707         the steering committee ended on June 30, 2004.
 2708         Section 98. Section 408.915, Florida Statutes, is repealed.
 2709         Reviser’s note.—Section 408.915 is repealed to remove a
 2710         provision that has served its purpose. The section required
 2711         that the Agency for Health Care Administration, in
 2712         consultation with the steering committee established in s.
 2713         408.916, develop and implement a pilot program to integrate
 2714         the determination of eligibility for health care services
 2715         with information and referral services. The authorization
 2716         for the steering committee ended on June 30, 2004.
 2717         Section 99. Section 408.916, Florida Statutes, is repealed.
 2718         Reviser’s note.—Section 408.916 is repealed to remove a
 2719         provision that has served its purpose. The section created
 2720         a steering committee to guide the implementation of the
 2721         pilot project in s. 408.915. The authorization for the
 2722         committee ended on June 30, 2004, and its activities were
 2723         to be completed by that date.
 2724         Section 100. Paragraph (a) of subsection (2) and subsection
 2725  (7) of section 409.1451, Florida Statutes, are amended to read:
 2726         409.1451 The Road-to-Independence Program.—
 2727         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
 2728         (a) A young adult is eligible for services and support
 2729  under this subsection if he or she:
 2730         1. Was living in licensed care on his or her 18th birthday
 2731  or is currently living in licensed care; or was at least 16
 2732  years of age and was adopted from foster care or placed with a
 2733  court-approved dependency guardian after spending at least 6
 2734  months in licensed care within the 12 months immediately
 2735  preceding such placement or adoption;
 2736         2. Spent at least 6 months in licensed care before reaching
 2737  his or her 18th birthday;
 2738         3. Earned a standard high school diploma or its equivalent
 2739  pursuant to s. 1003.428, s. 1003.4281, former s. 1003.429, s.
 2740  1003.435, or s. 1003.438;
 2741         4. Has been admitted for enrollment as a full-time student
 2742  or its equivalent in an eligible postsecondary educational
 2743  institution as provided in s. 1009.533. For purposes of this
 2744  section, the term “full-time” means 9 credit hours or the
 2745  vocational school equivalent. A student may enroll part-time if
 2746  he or she has a recognized disability or is faced with another
 2747  challenge or circumstance that would prevent full-time
 2748  attendance. A student needing to enroll part-time for any reason
 2749  other than having a recognized disability must get approval from
 2750  his or her academic advisor;
 2751         5. Has reached 18 years of age but is not yet 23 years of
 2752  age;
 2753         6. Has applied, with assistance from the young adult’s
 2754  caregiver and the community-based lead agency, for any other
 2755  grants and scholarships for which he or she may qualify;
 2756         7. Submitted a Free Application for Federal Student Aid
 2757  which is complete and error free; and
 2758         8. Signed an agreement to allow the department and the
 2759  community-based care lead agency access to school records.
 2760         (7) INDEPENDENT LIVING SERVICES ADVISORY COUNCIL.—The
 2761  secretary shall establish the Independent Living Services
 2762  Advisory Council for the purpose of reviewing and making
 2763  recommendations concerning the implementation and operation of
 2764  the provisions of s. 39.6251 39.6015 and the Road-to
 2765  Independence Program. The advisory council shall function as
 2766  specified in this subsection until the Legislature determines
 2767  that the advisory council can no longer provide a valuable
 2768  contribution to the department’s efforts to achieve the goals of
 2769  the services designed to enable a young adult to live
 2770  independently.
 2771         (a) The advisory council shall assess the implementation
 2772  and operation of the Road-to-Independence Program and advise the
 2773  department on actions that would improve the ability of these
 2774  Road-to-Independence Program services to meet the established
 2775  goals. The advisory council shall keep the department informed
 2776  of problems being experienced with the services, barriers to the
 2777  effective and efficient integration of services and support
 2778  across systems, and successes that the system of services has
 2779  achieved. The department shall consider, but is not required to
 2780  implement, the recommendations of the advisory council.
 2781         (b) The advisory council shall report to the secretary on
 2782  the status of the implementation of the Road-to-Independence
 2783  Program, efforts to publicize the availability of the Road-to
 2784  Independence Program, the success of the services, problems
 2785  identified, recommendations for department or legislative
 2786  action, and the department’s implementation of the
 2787  recommendations contained in the Independent Living Services
 2788  Integration Workgroup Report submitted to the appropriate
 2789  substantive committees of the Legislature by December 31, 2013.
 2790  The department shall submit a report by December 31 of each year
 2791  to the Governor, the President of the Senate, and the Speaker of
 2792  the House of Representatives which includes a summary of the
 2793  factors reported on by the council and identifies the
 2794  recommendations of the advisory council and either describes the
 2795  department’s actions to implement the recommendations or
 2796  provides the department’s rationale for not implementing the
 2797  recommendations.
 2798         (c) Members of the advisory council shall be appointed by
 2799  the secretary of the department. The membership of the advisory
 2800  council must include, at a minimum, representatives from the
 2801  headquarters and regional offices of the Department of Children
 2802  and Families, community-based care lead agencies, the Department
 2803  of Juvenile Justice, the Department of Economic Opportunity, the
 2804  Department of Education, the Agency for Health Care
 2805  Administration, the State Youth Advisory Board, Workforce
 2806  Florida, Inc., the Statewide Guardian Ad Litem Office, foster
 2807  parents, recipients of services and funding through the Road-to
 2808  Independence Program, and advocates for children in care. The
 2809  secretary shall determine the length of the term to be served by
 2810  each member appointed to the advisory council, which may not
 2811  exceed 4 years.
 2812         (d) The department shall provide administrative support to
 2813  the Independent Living Services Advisory Council to accomplish
 2814  its assigned tasks. The advisory council shall be afforded
 2815  access to all appropriate data from the department, each
 2816  community-based care lead agency, and other relevant agencies in
 2817  order to accomplish the tasks set forth in this section. The
 2818  data collected may not include any information that would
 2819  identify a specific child or young adult.
 2820         (e) The advisory council report required under paragraph
 2821  (b) must include an analysis of the system of independent living
 2822  transition services for young adults who reach 18 years of age
 2823  while in foster care before completing high school or its
 2824  equivalent and recommendations for department or legislative
 2825  action. The council shall assess and report on the most
 2826  effective method of assisting these young adults to complete
 2827  high school or its equivalent by examining the practices of
 2828  other states.
 2829         Reviser’s note.—Paragraph (2)(a) is amended to conform to the
 2830         repeal of s. 1003.429, by s. 20, ch. 2013-27, Laws of
 2831         Florida. Subsection (7) is amended to correct an apparent
 2832         error. Section 39.6015 does not exist. The intended
 2833         reference is to s. 39.6251 which relates to continuing care
 2834         of young adults.
 2835         Section 101. Paragraph (b) of subsection (5) of section
 2836  409.907, Florida Statutes, is amended to read:
 2837         409.907 Medicaid provider agreements.—The agency may make
 2838  payments for medical assistance and related services rendered to
 2839  Medicaid recipients only to an individual or entity who has a
 2840  provider agreement in effect with the agency, who is performing
 2841  services or supplying goods in accordance with federal, state,
 2842  and local law, and who agrees that no person shall, on the
 2843  grounds of handicap, race, color, or national origin, or for any
 2844  other reason, be subjected to discrimination under any program
 2845  or activity for which the provider receives payment from the
 2846  agency.
 2847         (5) The agency:
 2848         (b) Is prohibited from demanding repayment from the
 2849  provider in any instance in which the Medicaid overpayment is
 2850  attributable to agency error of the department in the
 2851  determination of eligibility of a recipient.
 2852         Reviser’s note.—Amended to conform to context. Paragraph (5)(b)
 2853         was amended by s. 5, ch. 96-417, Laws of Florida, which
 2854         used the words “error of the department.” The paragraph was
 2855         also amended by s. 2, ch. 96-387, Laws of Florida, which
 2856         used the words “agency error”; ch. 96-387 conformed
 2857         provisions in the Florida Statutes to the transfer of
 2858         responsibilities from the Department of Health and
 2859         Rehabilitative Services to the Agency for Health Care
 2860         Administration. Paragraph (5)(b) is amended here to resolve
 2861         the conflict based on context. The section contains
 2862         numerous references to the agency and no other references
 2863         to the department.
 2864         Section 102. Subsection (2) and paragraph (d) of subsection
 2865  (3) of section 409.9082, Florida Statutes, are amended to read:
 2866         409.9082 Quality assessment on nursing home facility
 2867  providers; exemptions; purpose; federal approval required;
 2868  remedies.—
 2869         (2) Effective April 1, 2009, A quality assessment is
 2870  imposed upon each nursing home facility. The aggregated amount
 2871  of assessments for all nursing home facilities in a given year
 2872  shall be an amount not exceeding the maximum percentage allowed
 2873  under federal law of the total aggregate net patient service
 2874  revenue of assessed facilities. The agency shall calculate the
 2875  quality assessment rate annually on a per-resident-day basis,
 2876  exclusive of those resident days funded by the Medicare program,
 2877  as reported by the facilities. The per-resident-day assessment
 2878  rate must be uniform except as prescribed in subsection (3).
 2879  Each facility shall report monthly to the agency its total
 2880  number of resident days, exclusive of Medicare Part A resident
 2881  days, and remit an amount equal to the assessment rate times the
 2882  reported number of days. The agency shall collect, and each
 2883  facility shall pay, the quality assessment each month. The
 2884  agency shall collect the assessment from nursing home facility
 2885  providers by the 15th day of the next succeeding calendar month.
 2886  The agency shall notify providers of the quality assessment and
 2887  provide a standardized form to complete and submit with
 2888  payments. The collection of the nursing home facility quality
 2889  assessment shall commence no sooner than 5 days after the
 2890  agency’s initial payment of the Medicaid rates containing the
 2891  elements prescribed in subsection (4). Nursing home facilities
 2892  may not create a separate line-item charge for the purpose of
 2893  passing the assessment through to residents.
 2894         (3)
 2895         (d) Effective July 1, 2011, The agency may exempt from the
 2896  quality assessment or apply a lower quality assessment rate to a
 2897  qualified public, nonstate-owned or operated nursing home
 2898  facility whose total annual indigent census days are greater
 2899  than 20 percent of the facility’s total annual census days.
 2900         Reviser’s note.—Amended to delete obsolete provisions.
 2901         Section 103. Subsection (2) of section 409.981, Florida
 2902  Statutes, is amended to read:
 2903         409.981 Eligible long-term care plans.—
 2904         (2) ELIGIBLE PLAN SELECTION.—The agency shall select
 2905  eligible plans through the procurement process described in s.
 2906  409.966. The agency shall provide notice of invitations to
 2907  negotiate by July 1, 2012. The agency shall procure:
 2908         (a) Two plans for Region 1. At least one plan must be a
 2909  provider service network if any provider service networks submit
 2910  a responsive bid.
 2911         (b) Two plans for Region 2. At least one plan must be a
 2912  provider service network if any provider service networks submit
 2913  a responsive bid.
 2914         (c) At least three plans and up to five plans for Region 3.
 2915  At least one plan must be a provider service network if any
 2916  provider service networks submit a responsive bid.
 2917         (d) At least three plans and up to five plans for Region 4.
 2918  At least one plan must be a provider service network if any
 2919  provider service network submits a responsive bid.
 2920         (e) At least two plans and up to four plans for Region 5.
 2921  At least one plan must be a provider service network if any
 2922  provider service networks submit a responsive bid.
 2923         (f) At least four plans and up to seven plans for Region 6.
 2924  At least one plan must be a provider service network if any
 2925  provider service networks submit a responsive bid.
 2926         (g) At least three plans and up to six plans for Region 7.
 2927  At least one plan must be a provider service network if any
 2928  provider service networks submit a responsive bid.
 2929         (h) At least two plans and up to four plans for Region 8.
 2930  At least one plan must be a provider service network if any
 2931  provider service networks submit a responsive bid.
 2932         (i) At least two plans and up to four plans for Region 9.
 2933  At least one plan must be a provider service network if any
 2934  provider service networks submit a responsive bid.
 2935         (j) At least two plans and up to four plans for Region 10.
 2936  At least one plan must be a provider service network if any
 2937  provider service networks submit a responsive bid.
 2938         (k) At least five plans and up to 10 plans for Region 11.
 2939  At least one plan must be a provider service network if any
 2940  provider service networks submit a responsive bid.
 2941  
 2942  If no provider service network submits a responsive bid in a
 2943  region other than Region 1 or Region 2, the agency shall procure
 2944  no more than one less than the maximum number of eligible plans
 2945  permitted in that region. Within 12 months after the initial
 2946  invitation to negotiate, the agency shall attempt to procure a
 2947  provider service network. The agency shall notice another
 2948  invitation to negotiate only with provider service networks in
 2949  regions where no provider service network has been selected.
 2950         Reviser’s note.—Amended to delete an obsolete provision.
 2951         Section 104. Paragraph (d) of subsection (9) of section
 2952  411.203, Florida Statutes, is amended to read:
 2953         411.203 Continuum of comprehensive services.—The Department
 2954  of Education and the Department of Health shall utilize the
 2955  continuum of prevention and early assistance services for high
 2956  risk pregnant women and for high-risk and handicapped children
 2957  and their families, as outlined in this section, as a basis for
 2958  the intraagency and interagency program coordination,
 2959  monitoring, and analysis required in this chapter. The continuum
 2960  shall be the guide for the comprehensive statewide approach for
 2961  services for high-risk pregnant women and for high-risk and
 2962  handicapped children and their families, and may be expanded or
 2963  reduced as necessary for the enhancement of those services.
 2964  Expansion or reduction of the continuum shall be determined by
 2965  intraagency or interagency findings and agreement, whichever is
 2966  applicable. Implementation of the continuum shall be based upon
 2967  applicable eligibility criteria, availability of resources, and
 2968  interagency prioritization when programs impact both agencies,
 2969  or upon single agency prioritization when programs impact only
 2970  one agency. The continuum shall include, but not be limited to:
 2971         (9) MANAGEMENT SYSTEMS AND PROCEDURES.—
 2972         (d) Information sharing system among the Department of
 2973  Health and Rehabilitative Services, the Department of Education,
 2974  local education agencies, and other appropriate entities, on
 2975  children eligible for services. Information may be shared when
 2976  parental or guardian permission has been given for release.
 2977         Reviser’s note.—Amended to substitute a reference to the
 2978         Department of Health for a reference to the Department of
 2979         Health and Rehabilitative Services to conform to context.
 2980         Section 6, ch. 96-403, Laws of Florida, transferred all
 2981         duties of the Department of Health and Rehabilitative
 2982         Services relating to public health to the Department of
 2983         Health as created by s. 8, ch. 96-403.
 2984         Section 105. Section 420.151, Florida Statutes, is
 2985  repealed.
 2986         Reviser’s note.—The cited section stipulated that the first
 2987         meeting of the Housing Development Corporation would be
 2988         called by a notice by incorporators and set an agenda for
 2989         the meeting. The section was created by s. 1, ch. 72-172,
 2990         Laws of Florida, and has not been amended since its
 2991         creation.
 2992         Section 106. Paragraph (c) of subsection (6) of section
 2993  420.5087, Florida Statutes, is amended to read:
 2994         420.5087 State Apartment Incentive Loan Program.—There is
 2995  hereby created the State Apartment Incentive Loan Program for
 2996  the purpose of providing first, second, or other subordinated
 2997  mortgage loans or loan guarantees to sponsors, including for
 2998  profit, nonprofit, and public entities, to provide housing
 2999  affordable to very-low-income persons.
 3000         (6) On all state apartment incentive loans, except loans
 3001  made to housing communities for the elderly to provide for
 3002  lifesafety, building preservation, health, sanitation, or
 3003  security-related repairs or improvements, the following
 3004  provisions shall apply:
 3005         (c) The corporation shall provide by rule for the
 3006  establishment of a review committee for the competitive
 3007  evaluation and selection of applications submitted in this
 3008  program, including, but not limited to, the following criteria:
 3009         1. Tenant income and demographic targeting objectives of
 3010  the corporation.
 3011         2. Targeting objectives of the corporation which will
 3012  ensure an equitable distribution of loans between rural and
 3013  urban areas.
 3014         3. Sponsor’s agreement to reserve the units for persons or
 3015  families who have incomes below 50 percent of the state or local
 3016  median income, whichever is higher, for a time period that
 3017  exceeds the minimum required by federal law or the this part.
 3018         4. Sponsor’s agreement to reserve more than:
 3019         a. Twenty percent of the units in the project for persons
 3020  or families who have incomes that do not exceed 50 percent of
 3021  the state or local median income, whichever is higher; or
 3022         b. Forty percent of the units in the project for persons or
 3023  families who have incomes that do not exceed 60 percent of the
 3024  state or local median income, whichever is higher, without
 3025  requiring a greater amount of the loans as provided in this
 3026  section.
 3027         5. Provision for tenant counseling.
 3028         6. Sponsor’s agreement to accept rental assistance
 3029  certificates or vouchers as payment for rent.
 3030         7. Projects requiring the least amount of a state apartment
 3031  incentive loan compared to overall project cost, except that the
 3032  share of the loan attributable to units serving extremely-low
 3033  income persons must be excluded from this requirement.
 3034         8. Local government contributions and local government
 3035  comprehensive planning and activities that promote affordable
 3036  housing.
 3037         9. Project feasibility.
 3038         10. Economic viability of the project.
 3039         11. Commitment of first mortgage financing.
 3040         12. Sponsor’s prior experience.
 3041         13. Sponsor’s ability to proceed with construction.
 3042         14. Projects that directly implement or assist welfare-to
 3043  work transitioning.
 3044         15. Projects that reserve units for extremely-low-income
 3045  persons.
 3046         16. Projects that include green building principles, storm
 3047  resistant construction, or other elements that reduce long-term
 3048  costs relating to maintenance, utilities, or insurance.
 3049         17. Job-creation rate of the developer and general
 3050  contractor, as provided in s. 420.507(47).
 3051         Reviser’s note.—Amended to confirm the editorial deletion of the
 3052         word “the” following the word “or.”
 3053         Section 107. Subsection (9) of section 420.622, Florida
 3054  Statutes, is amended to read:
 3055         420.622 State Office on Homelessness; Council on
 3056  Homelessness.—
 3057         (9) The council shall, by June 30 of each year, beginning
 3058  in 2010, provide to the Governor, the Legislature, and the
 3059  Secretary of Children and Family Services a report summarizing
 3060  the extent of homelessness in the state and the council’s
 3061  recommendations for reducing homelessness in this state.
 3062         Reviser’s note.—Amended to delete an obsolete provision.
 3063         Section 108. Subsection (5) of section 429.14, Florida
 3064  Statutes, is amended to read:
 3065         429.14 Administrative penalties.—
 3066         (5) An action taken by the agency to suspend, deny, or
 3067  revoke a facility’s license under this part or part II of
 3068  chapter 408, in which the agency claims that the facility owner
 3069  or an employee of the facility has threatened the health,
 3070  safety, or welfare of a resident of the facility, shall be heard
 3071  by the Division of Administrative Hearings of the Department of
 3072  Management Services within 120 days after receipt of the
 3073  facility’s request for a hearing, unless that time limitation is
 3074  waived by both parties. The administrative law judge must render
 3075  a decision within 30 days after receipt of a proposed
 3076  recommended order.
 3077         Reviser’s note.—Amended to insert the word “shall” following the
 3078         word “facility” to facilitate correct interpretation and
 3079         improve clarity.
 3080         Section 109. Section 430.207, Florida Statutes, is amended
 3081  to read:
 3082         430.207 Confidentiality of information.—Information about
 3083  functionally impaired elderly persons who receive services under
 3084  ss. 430.201-430.2053 and 430.902 430.201-430.206 which is
 3085  received through files, reports, inspections, or otherwise, by
 3086  the department or by authorized departmental employees, by
 3087  persons who volunteer services, or by persons who provide
 3088  services to functionally impaired elderly persons under ss.
 3089  430.201-430.2053 and 430.902 430.201-430.206 through contracts
 3090  with the department is confidential and exempt from the
 3091  provisions of s. 119.07(1). Such information may not be
 3092  disclosed publicly in such a manner as to identify a
 3093  functionally impaired elderly person, unless that person or his
 3094  or her legal guardian provides written consent.
 3095         Reviser’s note.—Amended to conform to the transfer of s. 430.206
 3096         to s. 430.902 by s. 2 , ch. 2005-223, Laws of Florida.
 3097         Section 110. Paragraph (c) of subsection (1) of section
 3098  443.091, Florida Statutes, is amended to read:
 3099         443.091 Benefit eligibility conditions.—
 3100         (1) An unemployed individual is eligible to receive
 3101  benefits for any week only if the Department of Economic
 3102  Opportunity finds that:
 3103         (c) To make continued claims for benefits, she or he is
 3104  reporting to the department in accordance with this paragraph
 3105  and department rules, and participating in an initial skills
 3106  review, as directed by the department. Department rules may not
 3107  conflict with s. 443.111(1)(b), which requires that each
 3108  claimant continue to report regardless of any pending appeal
 3109  relating to her or his eligibility or disqualification for
 3110  benefits.
 3111         1. For each week of unemployment claimed, each report must,
 3112  at a minimum, include the name, address, and telephone number of
 3113  each prospective employer contacted, or the date the claimant
 3114  reported to a one-stop career center, pursuant to paragraph (d).
 3115         2. The administrator or operator of the initial skills
 3116  review shall notify the department when the individual completes
 3117  the initial skills review and report the results of the review
 3118  to the regional workforce board or the one-stop career center as
 3119  directed by the workforce board. The department shall prescribe
 3120  a numeric score on the initial skills review that demonstrates a
 3121  minimal proficiency in workforce skills. The department,
 3122  workforce board, or one-stop career center shall use the initial
 3123  skills review to develop a plan for referring individuals to
 3124  training and employment opportunities. The failure of the
 3125  individual to comply with this requirement will result in the
 3126  individual being determined ineligible for benefits for the week
 3127  in which the noncompliance occurred and for any subsequent week
 3128  of unemployment until the requirement is satisfied. However,
 3129  this requirement does not apply if the individual is exempt from
 3130  the work registration requirement as set forth in paragraph (b).
 3131         3. Any individual who falls below the minimal proficiency
 3132  score prescribed by the department in subparagraph 2. on the
 3133  initial skills review shall be offered training opportunities
 3134  and encouraged to participate in such training at no cost to the
 3135  individual in order to improve his or her workforce skills to
 3136  the minimal proficiency level.
 3137         4. The department shall coordinate with Workforce Florida,
 3138  Inc., the workforce boards, and the one-stop career centers to
 3139  identify, develop, and utilize best practices for improving the
 3140  skills of individuals who choose to participate in training
 3141  opportunities and who have a minimal proficiency score below the
 3142  score prescribed in subparagraph 2.
 3143         5. The department, in coordination with Workforce Florida,
 3144  Inc., the workforce boards, and the one-stop career centers,
 3145  shall evaluate the use, effectiveness, and costs associated with
 3146  the training prescribed in subparagraph 3. and report its
 3147  findings and recommendations for training and the use of best
 3148  practices to the Governor, the President of the Senate, and the
 3149  Speaker of the House of Representatives by January 1, 2013.
 3150         Reviser’s note.—Amended to delete a provision that has served
 3151         its purpose.
 3152         Section 111. Paragraph (a) of subsection (1) of section
 3153  443.1216, Florida Statutes, is amended to read:
 3154         443.1216 Employment.—Employment, as defined in s. 443.036,
 3155  is subject to this chapter under the following conditions:
 3156         (1)(a) The employment subject to this chapter includes a
 3157  service performed, including a service performed in interstate
 3158  commerce, by:
 3159         1. An officer of a corporation.
 3160         2. An individual who, under the usual common-law rules
 3161  applicable in determining the employer-employee relationship, is
 3162  an employee. However, whenever a client, as defined in s.
 3163  443.036(18), which would otherwise be designated as an employing
 3164  unit has contracted with an employee leasing company to supply
 3165  it with workers, those workers are considered employees of the
 3166  employee leasing company. An employee leasing company may lease
 3167  corporate officers of the client to the client and other workers
 3168  to the client, except as prohibited by regulations of the
 3169  Internal Revenue Service. Employees of an employee leasing
 3170  company must be reported under the employee leasing company’s
 3171  tax identification number and contribution rate for work
 3172  performed for the employee leasing company.
 3173         a. However, except for the internal employees of an
 3174  employee leasing company, each employee leasing company may make
 3175  a separate one-time election to report and pay contributions
 3176  under the tax identification number and contribution rate for
 3177  each client of the employee leasing company. Under the client
 3178  method, an employee leasing company choosing this option must
 3179  assign leased employees to the client company that is leasing
 3180  the employees. The client method is solely a method to report
 3181  and pay unemployment contributions, and, whichever method is
 3182  chosen, such election may not impact any other aspect of state
 3183  law. An employee leasing company that elects the client method
 3184  must pay contributions at the rates assigned to each client
 3185  company.
 3186         (I) The election applies to all of the employee leasing
 3187  company’s current and future clients.
 3188         (II) The employee leasing company must notify the
 3189  Department of Revenue of its election by July 1, 2012, and such
 3190  election applies to reports and contributions for the first
 3191  quarter of the following calendar year. The notification must
 3192  include:
 3193         (A) A list of each client company and the unemployment
 3194  account number or, if one has not yet been issued, the federal
 3195  employment identification number, as established by the employee
 3196  leasing company upon the election to file by client method;
 3197         (B) A list of each client company’s current and previous
 3198  employees and their respective social security numbers for the
 3199  prior 3 state fiscal years or, if the client company has not
 3200  been a client for the prior 3 state fiscal years, such portion
 3201  of the prior 3 state fiscal years that the client company has
 3202  been a client must be supplied;
 3203         (C) The wage data and benefit charges associated with each
 3204  client company for the prior 3 state fiscal years or, if the
 3205  client company has not been a client for the prior 3 state
 3206  fiscal years, such portion of the prior 3 state fiscal years
 3207  that the client company has been a client must be supplied. If
 3208  the client company’s employment record is chargeable with
 3209  benefits for less than 8 calendar quarters while being a client
 3210  of the employee leasing company, the client company must pay
 3211  contributions at the initial rate of 2.7 percent; and
 3212         (D) The wage data and benefit charges for the prior 3 state
 3213  fiscal years that cannot be associated with a client company
 3214  must be reported and charged to the employee leasing company.
 3215         (III) Subsequent to choosing the client method, the
 3216  employee leasing company may not change its reporting method.
 3217         (IV) The employee leasing company shall file a Florida
 3218  Department of Revenue Employer’s Quarterly Report for each
 3219  client company by approved electronic means, and pay all
 3220  contributions by approved electronic means.
 3221         (V) For the purposes of calculating experience rates when
 3222  the client method is chosen, each client’s own benefit charges
 3223  and wage data experience while with the employee leasing company
 3224  determines each client’s tax rate where the client has been a
 3225  client of the employee leasing company for at least 8 calendar
 3226  quarters before the election. The client company shall continue
 3227  to report the nonleased employees under its tax rate.
 3228         (VI) The election is binding on each client of the employee
 3229  leasing company for as long as a written agreement is in effect
 3230  between the client and the employee leasing company pursuant to
 3231  s. 468.525(3)(a). If the relationship between the employee
 3232  leasing company and the client terminates, the client retains
 3233  the wage and benefit history experienced under the employee
 3234  leasing company.
 3235         (VII) Notwithstanding which election method the employee
 3236  leasing company chooses, the applicable client company is an
 3237  employing unit for purposes of s. 443.071. The employee leasing
 3238  company or any of its officers or agents are liable for any
 3239  violation of s. 443.071 engaged in by such persons or entities.
 3240  The applicable client company or any of its officers or agents
 3241  are liable for any violation of s. 443.071 engaged in by such
 3242  persons or entities. The employee leasing company or its
 3243  applicable client company is not liable for any violation of s.
 3244  443.071 engaged in by the other party or by the other party’s
 3245  officers or agents.
 3246         (VIII) If an employee leasing company fails to select the
 3247  client method of reporting not later than July 1, 2012, the
 3248  entity is required to report under the employee leasing
 3249  company’s tax identification number and contribution rate.
 3250         (IX) After an employee leasing company is licensed pursuant
 3251  to part XI of chapter 468, each newly licensed entity has 30
 3252  days after the date the license is granted to notify the tax
 3253  collection service provider in writing of their selection of the
 3254  client method. A newly licensed employee leasing company that
 3255  fails to timely select reporting pursuant to the client method
 3256  of reporting must report under the employee leasing company’s
 3257  tax identification number and contribution rate.
 3258         (X) Irrespective of the election, each transfer of trade or
 3259  business, including workforce, or a portion thereof, between
 3260  employee leasing companies is subject to the provisions of s.
 3261  443.131(3)(g) if, at the time of the transfer, there is common
 3262  ownership, management, or control between the entities.
 3263         b. In addition to any other report required to be filed by
 3264  law, an employee leasing company shall submit a report to the
 3265  Labor Market Statistics Center within the Department of Economic
 3266  Opportunity which includes each client establishment and each
 3267  establishment of the leasing company, or as otherwise directed
 3268  by the department. The report must include the following
 3269  information for each establishment:
 3270         (I) The trade or establishment name;
 3271         (II) The former reemployment assistance account number, if
 3272  available;
 3273         (III) The former federal employer’s identification number,
 3274  if available;
 3275         (IV) The industry code recognized and published by the
 3276  United States Office of Management and Budget, if available;
 3277         (V) A description of the client’s primary business activity
 3278  in order to verify or assign an industry code;
 3279         (VI) The address of the physical location;
 3280         (VII) The number of full-time and part-time employees who
 3281  worked during, or received pay that was subject to reemployment
 3282  assistance taxes for, the pay period including the 12th of the
 3283  month for each month of the quarter;
 3284         (VIII) The total wages subject to reemployment assistance
 3285  taxes paid during the calendar quarter;
 3286         (IX) An internal identification code to uniquely identify
 3287  each establishment of each client;
 3288         (X) The month and year that the client entered into the
 3289  contract for services; and
 3290         (XI) The month and year that the client terminated the
 3291  contract for services.
 3292         c. The report must be submitted electronically or in a
 3293  manner otherwise prescribed by the Department of Economic
 3294  Opportunity in the format specified by the Bureau of Labor
 3295  Statistics of the United States Department of Labor for its
 3296  Multiple Worksite Report for Professional Employer
 3297  Organizations. The report must be provided quarterly to the
 3298  Labor Market Statistics Center within the department, or as
 3299  otherwise directed by the department, and must be filed by the
 3300  last day of the month immediately after the end of the calendar
 3301  quarter. The information required in sub-sub-subparagraphs b.(X)
 3302  and (XI) need be provided only in the quarter in which the
 3303  contract to which it relates was entered into or terminated. The
 3304  sum of the employment data and the sum of the wage data in this
 3305  report must match the employment and wages reported in the
 3306  reemployment assistance quarterly tax and wage report. A report
 3307  is not required for any calendar quarter preceding the third
 3308  calendar quarter of 2010.
 3309         d. The department shall adopt rules as necessary to
 3310  administer this subparagraph, and may administer, collect,
 3311  enforce, and waive the penalty imposed by s. 443.141(1)(b) for
 3312  the report required by this subparagraph.
 3313         e. For the purposes of this subparagraph, the term
 3314  “establishment” means any location where business is conducted
 3315  or where services or industrial operations are performed.
 3316         3. An individual other than an individual who is an
 3317  employee under subparagraph 1. or subparagraph 2., who performs
 3318  services for remuneration for any person:
 3319         a. As an agent-driver or commission-driver engaged in
 3320  distributing meat products, vegetable products, fruit products,
 3321  bakery products, beverages other than milk, or laundry or
 3322  drycleaning services for his or her principal.
 3323         b. As a traveling or city salesperson engaged on a full
 3324  time basis in the solicitation on behalf of, and the
 3325  transmission to, his or her principal of orders from
 3326  wholesalers, retailers, contractors, or operators of hotels,
 3327  restaurants, or other similar establishments for merchandise for
 3328  resale or supplies for use in the business operations. This sub
 3329  subparagraph does not apply to an agent-driver or a commission
 3330  driver and does not apply to sideline sales activities performed
 3331  on behalf of a person other than the salesperson’s principal.
 3332         4. The services described in subparagraph 3. are employment
 3333  subject to this chapter only if:
 3334         a. The contract of service contemplates that substantially
 3335  all of the services are to be performed personally by the
 3336  individual;
 3337         b. The individual does not have a substantial investment in
 3338  facilities used in connection with the services, other than
 3339  facilities used for transportation; and
 3340         c. The services are not in the nature of a single
 3341  transaction that is not part of a continuing relationship with
 3342  the person for whom the services are performed.
 3343         Reviser’s note.—Amended to delete an obsolete provision.
 3344         Section 112. Paragraph (g) of subsection (3) and paragraph
 3345  (d) of subsection (5) of section 443.131, Florida Statutes, are
 3346  amended to read:
 3347         443.131 Contributions.—
 3348         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
 3349  EXPERIENCE.—
 3350         (g) Transfer of unemployment experience upon transfer or
 3351  acquisition of a business.—Notwithstanding any other provision
 3352  of law, upon transfer or acquisition of a business, the
 3353  following conditions apply to the assignment of rates and to
 3354  transfers of unemployment experience:
 3355         1.a. If an employer transfers its trade or business, or a
 3356  portion thereof, to another employer and, at the time of the
 3357  transfer, there is any common ownership, management, or control
 3358  of the two employers, the unemployment experience attributable
 3359  to the transferred trade or business shall be transferred to the
 3360  employer to whom the business is so transferred. The rates of
 3361  both employers shall be recalculated and made effective as of
 3362  the beginning of the calendar quarter immediately following the
 3363  date of the transfer of the trade or business unless the
 3364  transfer occurred on the first day of a calendar quarter, in
 3365  which case the rate shall be recalculated as of that date.
 3366         b. If, following a transfer of experience under sub
 3367  subparagraph a., the department or the tax collection service
 3368  provider determines that a substantial purpose of the transfer
 3369  of trade or business was to obtain a reduced liability for
 3370  contributions, the experience rating account of the employers
 3371  involved shall be combined into a single account and a single
 3372  rate assigned to the account.
 3373         2. Whenever a person who is not an employer under this
 3374  chapter at the time it acquires the trade or business of an
 3375  employer, the unemployment experience of the acquired business
 3376  shall not be transferred to the person if the department or the
 3377  tax collection service provider finds that such person acquired
 3378  the business solely or primarily for the purpose of obtaining a
 3379  lower rate of contributions. Instead, such person shall be
 3380  assigned the new employer rate under paragraph (2)(a). In
 3381  determining whether the business was acquired solely or
 3382  primarily for the purpose of obtaining a lower rate of
 3383  contributions, the tax collection service provider shall
 3384  consider, but not be limited to, the following factors:
 3385         a. Whether the person continued the business enterprise of
 3386  the acquired business;
 3387         b. How long such business enterprise was continued; or
 3388         c. Whether a substantial number of new employees was hired
 3389  for performance of duties unrelated to the business activity
 3390  conducted before the acquisition.
 3391         3. If a person knowingly violates or attempts to violate
 3392  subparagraph 1. or subparagraph 2. or any other provision of
 3393  this chapter related to determining the assignment of a
 3394  contribution rate, or if a person knowingly advises another
 3395  person to violate the law, the person shall be subject to the
 3396  following penalties:
 3397         a. If the person is an employer, the employer shall be
 3398  assigned the highest rate assignable under this chapter for the
 3399  rate year during which such violation or attempted violation
 3400  occurred and for the 3 rate years immediately following this
 3401  rate year. However, if the person’s business is already at the
 3402  highest rate for any year, or if the amount of increase in the
 3403  person’s rate would be less than 2 percent for such year, then a
 3404  penalty rate of contribution of 2 percent of taxable wages shall
 3405  be imposed for such year and the following 3 rate years.
 3406         b. If the person is not an employer, such person shall be
 3407  subject to a civil money penalty of not more than $5,000. The
 3408  procedures for the assessment of a penalty shall be in
 3409  accordance with the procedures set forth in s. 443.141(2), and
 3410  the provisions of s. 443.141(3) shall apply to the collection of
 3411  the penalty. Any such penalty shall be deposited in the penalty
 3412  and interest account established under s. 443.211(2).
 3413         4. For purposes of this paragraph, the term:
 3414         a. “Knowingly” means having actual knowledge of or acting
 3415  with deliberate ignorance or reckless disregard for the
 3416  prohibition involved.
 3417         b. “Violates or attempts to violate” includes, but is not
 3418  limited to, intent to evade, misrepresent, or willfully
 3419  nondisclose.
 3420         5. In addition to the penalty imposed by subparagraph 3.,
 3421  any person who violates this paragraph commits a felony of the
 3422  third degree, punishable as provided in s. 775.082, s. 775.083,
 3423  or s. 775.084.
 3424         6. The department and the tax collection service provider
 3425  shall establish procedures to identify the transfer or
 3426  acquisition of a business for the purposes of this paragraph and
 3427  shall adopt any rules necessary to administer this paragraph.
 3428         7. For purposes of this paragraph:
 3429         a. “Person” has the meaning given to the term by s.
 3430  7701(a)(1) of the Internal Revenue Code of 1986.
 3431         b. “Trade or business” shall include the employer’s
 3432  workforce.
 3433         8. This paragraph shall be interpreted and applied in such
 3434  a manner as to meet the minimum requirements contained in any
 3435  guidance or regulations issued by the United States Department
 3436  of Labor.
 3437         (5) ADDITIONAL RATE FOR INTEREST ON FEDERAL ADVANCES.—
 3438         (d) The tax collection service provider shall make a
 3439  separate collection of such assessment, which may be collected
 3440  at the time of employer contributions and subject to the same
 3441  penalties for failure to file a report, imposition of the
 3442  standard rate pursuant to paragraph (3)(h), and interest if the
 3443  assessment is not received on or before June 30. Section
 3444  443.141(1)(d) and (e) does not apply to this separately
 3445  collected assessment. The tax collection service provider shall
 3446  maintain those funds in the tax collection service provider’s
 3447  Audit and Warrant Clearing Trust Fund until the provider is
 3448  directed by the Governor or the Governor’s designee to make the
 3449  interest payment to the Federal Government. Assessments on
 3450  deposit must be available to pay the interest on advances
 3451  received from the Federal Government under 42 U.S.C. s. 1321.
 3452  Assessments on deposit may be invested and any interest earned
 3453  shall be part of the balance available to pay the interest on
 3454  advances received from the Federal Government under 42 U.S.C. s.
 3455  1321.
 3456         Reviser’s note.—Paragraph (3)(g) is amended to delete the word
 3457         “who” to improve clarity. Paragraph (5)(d) is amended to
 3458         delete an obsolete provision; referenced paragraphs (d) and
 3459         (e) of s. 443.141(1) are repealed by this act.
 3460         Section 113. Paragraphs (d) and (e) of subsection (1) of
 3461  section 443.141, Florida Statutes, are amended to read:
 3462         443.141 Collection of contributions and reimbursements.—
 3463         (1) PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
 3464  ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.—
 3465         (d) Payments for 2010 Contributions.—For an annual
 3466  administrative fee not to exceed $5, a contributing employer may
 3467  pay its quarterly contributions due for wages paid in the first
 3468  three quarters of 2010 in equal installments if those
 3469  contributions are paid as follows:
 3470         1. For contributions due for wages paid in the first
 3471  quarter of 2010, one-fourth of the contributions due must be
 3472  paid on or before April 30, 2010, one-fourth must be paid on or
 3473  before July 31, 2010, one-fourth must be paid on or before
 3474  October 31, 2010, and the remaining one-fourth must be paid on
 3475  or before December 31, 2010.
 3476         2. In addition to the payments specified in subparagraph
 3477  1., for contributions due for wages paid in the second quarter
 3478  of 2010, one-third of the contributions due must be paid on or
 3479  before July 31, 2010, one-third must be paid on or before
 3480  October 31, 2010, and the remaining one-third must be paid on or
 3481  before December 31, 2010.
 3482         3. In addition to the payments specified in subparagraphs
 3483  1. and 2., for contributions due for wages paid in the third
 3484  quarter of 2010, one-half of the contributions due must be paid
 3485  on or before October 31, 2010, and the remaining one-half must
 3486  be paid on or before December 31, 2010.
 3487         4. The annual administrative fee not to exceed $5 for the
 3488  election to pay under the installment method shall be collected
 3489  at the time the employer makes the first installment payment.
 3490  The $5 fee shall be segregated from the payment and shall be
 3491  deposited in the Operating Trust Fund within the Department of
 3492  Revenue.
 3493         5. Interest does not accrue on any contribution that
 3494  becomes due for wages paid in the first three quarters of 2010
 3495  if the employer pays the contribution in accordance with
 3496  subparagraphs 1.-4. Interest and fees continue to accrue on
 3497  prior delinquent contributions and commence accruing on all
 3498  contributions due for wages paid in the first three quarters of
 3499  2010 which are not paid in accordance with subparagraphs 1.-3.
 3500  Penalties may be assessed in accordance with this chapter. The
 3501  contributions due for wages paid in the fourth quarter of 2010
 3502  are not affected by this paragraph and are due and payable in
 3503  accordance with this chapter.
 3504         (e) Payments for 2011 Contributions.—For an annual
 3505  administrative fee not to exceed $5, a contributing employer may
 3506  pay its quarterly contributions due for wages paid in the first
 3507  three quarters of 2011 in equal installments if those
 3508  contributions are paid as follows:
 3509         1. For contributions due for wages paid in the first
 3510  quarter of 2011, one-fourth of the contributions due must be
 3511  paid on or before April 30, 2011, one-fourth must be paid on or
 3512  before July 31, 2011, one-fourth must be paid on or before
 3513  October 31, 2011, and the remaining one-fourth must be paid on
 3514  or before December 31, 2011.
 3515         2. In addition to the payments specified in subparagraph
 3516  1., for contributions due for wages paid in the second quarter
 3517  of 2011, one-third of the contributions due must be paid on or
 3518  before July 31, 2011, one-third must be paid on or before
 3519  October 31, 2011, and the remaining one-third must be paid on or
 3520  before December 31, 2011.
 3521         3. In addition to the payments specified in subparagraphs
 3522  1. and 2., for contributions due for wages paid in the third
 3523  quarter of 2011, one-half of the contributions due must be paid
 3524  on or before October 31, 2011, and the remaining one-half must
 3525  be paid on or before December 31, 2011.
 3526         4. The annual administrative fee not to exceed $5 for the
 3527  election to pay under the installment method shall be collected
 3528  at the time the employer makes the first installment payment.
 3529  The $5 fee shall be segregated from the payment and shall be
 3530  deposited in the Operating Trust Fund within the Department of
 3531  Revenue.
 3532         5. Interest does not accrue on any contribution that
 3533  becomes due for wages paid in the first three quarters of 2011
 3534  if the employer pays the contribution in accordance with
 3535  subparagraphs 1.-4. Interest and fees continue to accrue on
 3536  prior delinquent contributions and commence accruing on all
 3537  contributions due for wages paid in the first three quarters of
 3538  2011 which are not paid in accordance with subparagraphs 1.-3.
 3539  Penalties may be assessed in accordance with this chapter. The
 3540  contributions due for wages paid in the fourth quarter of 2011
 3541  are not affected by this paragraph and are due and payable in
 3542  accordance with this chapter.
 3543         Reviser’s note.—Amended to delete provisions that have served
 3544         their purpose.
 3545         Section 114. Subsection (13) of section 445.007, Florida
 3546  Statutes, is amended to read:
 3547         445.007 Regional workforce boards.—
 3548         (13) Workforce Florida, Inc., shall evaluate the means to
 3549  establish a single, statewide workforce-system brand for the
 3550  state and shall submit its recommendations to the Governor by
 3551  November 1, 2012.
 3552         Reviser’s note.—Amended to delete a provision that has served
 3553         its purpose.
 3554         Section 115. Section 455.2274, Florida Statutes, is amended
 3555  to read:
 3556         455.2274 Criminal proceedings against licensees;
 3557  appearances by department representatives.—A representative of
 3558  the department may voluntarily appear in a criminal proceeding
 3559  brought against a person licensed by the department to practice
 3560  a profession regulated by the state. The department’s
 3561  representative is authorized to furnish pertinent information,
 3562  make recommendations regarding specific conditions of probation,
 3563  and provide other assistance to the court necessary to promote
 3564  justice or protect the public. The court may order a
 3565  representative of the department to appear in a criminal
 3566  proceeding if the crime charged is substantially related to the
 3567  qualifications, functions, or duties of a licensee license
 3568  regulated by the department.
 3569         Reviser’s note.—Amended to confirm the editorial substitution of
 3570         the word “licensee” for the word “license” to conform to
 3571         context.
 3572         Section 116. Subsection (1) of section 456.001, Florida
 3573  Statutes, is amended to read:
 3574         456.001 Definitions.—As used in this chapter, the term:
 3575         (1) “Board” means any board or commission, or other
 3576  statutorily created entity to the extent such entity is
 3577  authorized to exercise regulatory or rulemaking functions,
 3578  within the department, except that, for ss. 456.003-456.018,
 3579  456.022, 456.023, 456.025-456.033 456.025-456.034, and 456.039
 3580  456.082, “board” means only a board, or other statutorily
 3581  created entity to the extent such entity is authorized to
 3582  exercise regulatory or rulemaking functions, within the Division
 3583  of Medical Quality Assurance.
 3584         Reviser’s note.—Amended to conform to the repeal of s. 456.034
 3585         by s. 1, ch. 2012-115, Laws of Florida.
 3586         Section 117. Subsection (3) of section 456.056, Florida
 3587  Statutes, is amended to read:
 3588         456.056 Treatment of Medicare beneficiaries; refusal,
 3589  emergencies, consulting physicians.—
 3590         (3) If treatment is provided to a beneficiary for an
 3591  emergency medical condition as defined in s. 395.002(8)(a)
 3592  395.0142(2)(c), the physician must accept Medicare assignment
 3593  provided that the requirement to accept Medicare assignment for
 3594  an emergency medical condition shall not apply to treatment
 3595  rendered after the patient is stabilized, or the treatment is
 3596  unrelated to the original emergency medical condition. For the
 3597  purpose of this subsection “stabilized” is defined to mean with
 3598  respect to an emergency medical condition, that no material
 3599  deterioration of the condition is likely within reasonable
 3600  medical probability.
 3601         Reviser’s note.—Section 395.0142, which defined “emergency
 3602         medical condition,” was amended and transferred to s.
 3603         395.1041 by s. 24, ch. 92-289, Laws of Florida, and the
 3604         definition of “emergency medical condition” was deleted.
 3605         The definition was added to s. 395.002 by s. 3, ch. 92-289.
 3606         Section 118. Paragraph (a) of subsection (1) of section
 3607  458.3115, Florida Statutes, is amended to read:
 3608         458.3115 Restricted license; certain foreign-licensed
 3609  physicians; examination; restrictions on practice; full
 3610  licensure.—
 3611         (1)(a) Notwithstanding any other provision of law, the
 3612  department shall provide procedures under which certain
 3613  physicians who are or were foreign-licensed and have practiced
 3614  medicine no less than 2 years may take the USMLE or an
 3615  examination developed by the department, in consultation with
 3616  the board, to qualify for a restricted license to practice
 3617  medicine in this state. The department-developed examination
 3618  shall test the same areas of medical knowledge as the Federation
 3619  of State Medical Boards of the United States, Inc. (FLEX)
 3620  previously administered by the Florida Board of Medicine to
 3621  grant medical licensure in Florida. The department-developed
 3622  examination must be made available no later than December 31,
 3623  1998, to a physician who qualifies for licensure. A person who
 3624  is eligible to take and elects to take the department-developed
 3625  examination, who has previously passed part 1 or part 2 of the
 3626  previously administered FLEX shall not be required to retake or
 3627  pass the equivalent parts of the department-developed
 3628  examination, and may sit for the department-developed
 3629  examination five times within 5 years.
 3630         Reviser’s note.—Amended to delete an obsolete provision.
 3631         Section 119. Paragraph (e) of subsection (1) of section
 3632  464.0196, Florida Statutes, is amended to read:
 3633         464.0196 Florida Center for Nursing; board of directors.—
 3634         (1) The Florida Center for Nursing shall be governed by a
 3635  policy-setting board of directors. The board shall consist of 16
 3636  members, with a simple majority of the board being nurses
 3637  representative of various practice areas. Other members shall
 3638  include representatives of other health care professions,
 3639  business and industry, health care providers, and consumers. The
 3640  members of the board shall be appointed by the Governor as
 3641  follows:
 3642         (e) Three nurse educators recommended by the State Board of
 3643  Education, one of whom must be a director of a nursing program
 3644  at a Florida College System institution state community college.
 3645         Reviser’s note.—Amended to conform a reference to “state
 3646         community college” to changes in chs. 2008-52 and 2009-228,
 3647         Laws of Florida, transitioning references to community
 3648         colleges to Florida College System institutions.
 3649         Section 120. Subsections (2) and (3) of section 475.617,
 3650  Florida Statutes, are amended to read:
 3651         475.617 Education and experience requirements.—
 3652         (2) To be certified as a residential appraiser, an
 3653  applicant must present satisfactory evidence to the board that
 3654  she or he has met the minimum education and experience
 3655  requirements prescribed by rule of the board. The board shall
 3656  prescribe by rule education and experience requirements that
 3657  meet or exceed the following real property appraiser
 3658  qualification criteria adopted on December 9, 2011, by the
 3659  Appraiser Appraisal Qualifications Board of the Appraisal
 3660  Foundation:
 3661         (a) Has at least 2,500 hours of experience obtained over a
 3662  24-month period in real property appraisal as defined by rule.
 3663         (b) Has successfully completed at least 200 classroom
 3664  hours, inclusive of examination, of approved qualifying
 3665  education courses in subjects related to real estate appraisal,
 3666  which must include a 15-hour National Uniform Standards of
 3667  Professional Appraisal Practice course, or its equivalent, as
 3668  established by rule of the board, from a nationally recognized
 3669  or state-recognized appraisal organization, career center,
 3670  accredited community college, college, or university, state or
 3671  federal agency or commission, or proprietary real estate school
 3672  that holds a permit pursuant to s. 475.451. All qualifying
 3673  education courses may be completed through in-person classroom
 3674  instruction or distance learning. A classroom hour is defined as
 3675  50 minutes out of each 60-minute segment. Past courses may be
 3676  approved by the board and substituted on an hour-for-hour basis.
 3677         (3) To be certified as a general appraiser, an applicant
 3678  must present evidence satisfactory to the board that she or he
 3679  has met the minimum education and experience requirements
 3680  prescribed by rule of the board. The board shall prescribe
 3681  education and experience requirements that meet or exceed the
 3682  following real property appraiser qualification criteria adopted
 3683  on December 9, 2011, by the Appraiser Appraisal Qualifications
 3684  Board of the Appraisal Foundation:
 3685         (a) Has at least 3,000 hours of experience obtained over a
 3686  30-month period in real property appraisal as defined by rule.
 3687         (b) Has successfully completed at least 300 classroom
 3688  hours, inclusive of examination, of approved qualifying
 3689  education courses in subjects related to real estate appraisal,
 3690  which must include a 15-hour National Uniform Standards of
 3691  Professional Appraisal Practice course, or its equivalent, as
 3692  established by rule of the board, from a nationally recognized
 3693  or state-recognized appraisal organization, career center,
 3694  accredited community college, college, or university, state or
 3695  federal agency or commission, or proprietary real estate school
 3696  that holds a permit pursuant to s. 475.451. All qualifying
 3697  education courses may be completed through in-person classroom
 3698  instruction or distance learning. A classroom hour is defined as
 3699  50 minutes out of each 60-minute segment. Past courses may be
 3700  approved by the board and substituted on an hour-for-hour basis.
 3701         Reviser’s note.—Amended to confirm the editorial substitution of
 3702         the word “Appraiser” for the word “Appraisal” to conform to
 3703         the official title of the board.
 3704         Section 121. Paragraph (b) of subsection (39) of section
 3705  497.005, Florida Statutes, is amended to read:
 3706         497.005 Definitions.—As used in this chapter, the term:
 3707         (39) “Legally authorized person” means, in the priority
 3708  listed:
 3709         (b) The person designated by the decedent as authorized to
 3710  direct disposition pursuant to Pub. L. No. 109-163, s. 564, as
 3711  listed on the decedent’s United States Department of Defense
 3712  Record of Emergency Data, DD Form 93, or its successor form, if
 3713  the decedent died while serving in military service as described
 3714  in 10 U.S.C. s. 1481(a)(1)-(8) in any branch of the United
 3715  States Armed Forces, United States Reserve Forces, or National
 3716  Guard;
 3717  
 3718  In addition, the term may include, if no family member exists or
 3719  is available, the guardian of the dead person at the time of
 3720  death; the personal representative of the deceased; the attorney
 3721  in fact of the dead person at the time of death; the health
 3722  surrogate of the dead person at the time of death; a public
 3723  health officer; the medical examiner, county commission, or
 3724  administrator acting under part II of chapter 406 or other
 3725  public administrator; a representative of a nursing home or
 3726  other health care institution in charge of final disposition; or
 3727  a friend or other person not listed in this subsection who is
 3728  willing to assume the responsibility as the legally authorized
 3729  person. Where there is a person in any priority class listed in
 3730  this subsection, the funeral establishment shall rely upon the
 3731  authorization of any one legally authorized person of that class
 3732  if that person represents that she or he is not aware of any
 3733  objection to the cremation of the deceased’s human remains by
 3734  others in the same class of the person making the representation
 3735  or of any person in a higher priority class.
 3736         Reviser’s note.—Amended to delete the word “serving” and to
 3737         insert the word “in” to provide clarity.
 3738         Section 122. Section 499.001, Florida Statutes, is amended
 3739  to read:
 3740         499.001 Florida Drug and Cosmetic Act; short title.
 3741  Sections 499.001-499.067 499.001-499.081 may be cited as the
 3742  “Florida Drug and Cosmetic Act.”
 3743         Reviser’s note.—Amended to conform to the repeal of s. 499.068
 3744         by s. 51, ch. 92-69, Laws of Florida, and the transfer of
 3745         ss. 499.069, 499.0691, 499.07, 499.071, and 499.081 to
 3746         locations within ss. 499.001-499.067 by ch. 2008-207, Laws
 3747         of Florida.
 3748         Section 123. Paragraph (d) of subsection (15) of section
 3749  499.0121, Florida Statutes, is amended to read:
 3750         499.0121 Storage and handling of prescription drugs;
 3751  recordkeeping.—The department shall adopt rules to implement
 3752  this section as necessary to protect the public health, safety,
 3753  and welfare. Such rules shall include, but not be limited to,
 3754  requirements for the storage and handling of prescription drugs
 3755  and for the establishment and maintenance of prescription drug
 3756  distribution records.
 3757         (15) DUE DILIGENCE OF PURCHASERS.—
 3758         (d) The department shall assess national data from the
 3759  Automation of Reports and Consolidated Orders System of the
 3760  federal Drug Enforcement Administration, excluding Florida data,
 3761  and identify the national average of grams of hydrocodone,
 3762  morphine, oxycodone, and methadone distributed per pharmacy
 3763  registrant per month in the most recent year for which data is
 3764  available. The department shall report the average for each of
 3765  these drugs to the Governor, the President of the Senate, and
 3766  the Speaker of the House of Representatives by November 1, 2011.
 3767  The department shall assess the data reported pursuant to
 3768  subsection (14) and identify the statewide average of grams of
 3769  each benzodiazepine distributed per community pharmacy per
 3770  month. The department shall report the average for each
 3771  benzodiazepine to the Governor, the President of the Senate, and
 3772  the Speaker of the House of Representatives by November 1, 2011.
 3773         Reviser’s note.—Amended to delete an obsolete provision.
 3774         Section 124. Paragraph (b) of subsection (1) of section
 3775  509.302, Florida Statutes, is amended to read:
 3776         509.302 Hospitality Education Program.—
 3777         (1)
 3778         (b) The program may affiliate with Florida State
 3779  University, Florida International University, and the University
 3780  of Central Florida. The program may also affiliate with any
 3781  other member of the State University System or Florida Community
 3782  College System, or with any privately funded college or
 3783  university, which offers a program of hospitality administration
 3784  and management.
 3785         Reviser’s note.—Amended to substitute a reference to the Florida
 3786         College System for a reference to the Florida Community
 3787         College System to conform to s. 2, ch. 2008-52, Laws of
 3788         Florida, which enacted s. 1001.60, creating the Florida
 3789         College System.
 3790         Section 125. Subsection (3) of section 513.1115, Florida
 3791  Statutes, is amended to read:
 3792         513.1115 Placement of recreational vehicles on lots in
 3793  permitted parks.—
 3794         (3) This section does not limit the regulation of the
 3795  uniform firesafety standards established under s. 633.206
 3796  633.022.
 3797         Reviser’s note.—Amended to conform to the redesignation of s.
 3798         633.022 as s. 633.206 by s. 23, ch. 2013-183, Laws of
 3799         Florida.
 3800         Section 126. Paragraph (b) of subsection (17) of section
 3801  553.79, Florida Statutes, is amended to read:
 3802         553.79 Permits; applications; issuance; inspections.—
 3803         (17)
 3804         (b) This subsection does not apply to a building permit
 3805  sought for:
 3806         1. A substantial improvement as defined in s. 161.54 or as
 3807  defined in the Florida Building Code.
 3808         2. A change of occupancy as defined in the Florida Building
 3809  Code.
 3810         3. A conversion from residential to nonresidential or mixed
 3811  use pursuant to s. 553.507(3) 553.507(2)(a) or as defined in the
 3812  Florida Building Code.
 3813         4. A historic building as defined in the Florida Building
 3814  Code.
 3815         Reviser’s note.—Amended to conform to the repeal of s.
 3816         553.507(2)(a), and the creation of s. 553.507(3), relating
 3817         to similar subject matter, by s. 27, ch. 2011-222, Laws of
 3818         Florida.
 3819         Section 127. Paragraph (e) of subsection (1) and subsection
 3820  (6) of section 553.80, Florida Statutes, are amended to read:
 3821         553.80 Enforcement.—
 3822         (1) Except as provided in paragraphs (a)-(g), each local
 3823  government and each legally constituted enforcement district
 3824  with statutory authority shall regulate building construction
 3825  and, where authorized in the state agency’s enabling
 3826  legislation, each state agency shall enforce the Florida
 3827  Building Code required by this part on all public or private
 3828  buildings, structures, and facilities, unless such
 3829  responsibility has been delegated to another unit of government
 3830  pursuant to s. 553.79(9).
 3831         (e) Construction regulations governing public schools,
 3832  state universities, and Florida College System institutions
 3833  community colleges shall be enforced as provided in subsection
 3834  (6).
 3835  
 3836  The governing bodies of local governments may provide a schedule
 3837  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
 3838  section, for the enforcement of the provisions of this part.
 3839  Such fees shall be used solely for carrying out the local
 3840  government’s responsibilities in enforcing the Florida Building
 3841  Code. The authority of state enforcing agencies to set fees for
 3842  enforcement shall be derived from authority existing on July 1,
 3843  1998. However, nothing contained in this subsection shall
 3844  operate to limit such agencies from adjusting their fee schedule
 3845  in conformance with existing authority.
 3846         (6) Notwithstanding any other law, state universities,
 3847  Florida College System institutions community colleges, and
 3848  public school districts shall be subject to enforcement of the
 3849  Florida Building Code under this part.
 3850         (a)1. State universities, Florida College System
 3851  institutions state community colleges, or public school
 3852  districts shall conduct plan review and construction inspections
 3853  to enforce building code compliance for their building projects
 3854  that are subject to the Florida Building Code. These entities
 3855  must use personnel or contract providers appropriately certified
 3856  under part XII of chapter 468 to perform the plan reviews and
 3857  inspections required by the code. Under these arrangements, the
 3858  entities are not subject to local government permitting
 3859  requirements, plans review, and inspection fees. State
 3860  universities, Florida College System institutions state
 3861  community colleges, and public school districts are liable and
 3862  responsible for all of their buildings, structures, and
 3863  facilities. This paragraph does not limit the authority of the
 3864  county, municipality, or code enforcement district to ensure
 3865  that buildings, structures, and facilities owned by these
 3866  entities comply with the Florida Building Code or to limit the
 3867  authority and responsibility of the fire official to conduct
 3868  firesafety inspections under chapter 633.
 3869         2. In order to enforce building code compliance independent
 3870  of a county or municipality, a state university, Florida College
 3871  System institution community college, or public school district
 3872  may create a board of adjustment and appeal to which a
 3873  substantially affected party may appeal an interpretation of the
 3874  Florida Building Code which relates to a specific project. The
 3875  decisions of this board, or, in its absence, the decision of the
 3876  building code administrator, may be reviewed under s. 553.775.
 3877         (b) If a state university, Florida College System
 3878  institution state community college, or public school district
 3879  elects to use a local government’s code enforcement offices:
 3880         1. Fees charged by counties and municipalities for
 3881  enforcement of the Florida Building Code on buildings,
 3882  structures, and facilities of state universities, state
 3883  colleges, and public school districts may not be more than the
 3884  actual labor and administrative costs incurred for plans review
 3885  and inspections to ensure compliance with the code.
 3886         2. Counties and municipalities shall expedite building
 3887  construction permitting, building plans review, and inspections
 3888  of projects of state universities, Florida College System
 3889  institutions state community colleges, and public school
 3890  districts that are subject to the Florida Building Code
 3891  according to guidelines established by the Florida Building
 3892  Commission.
 3893         3. A party substantially affected by an interpretation of
 3894  the Florida Building Code by the local government’s code
 3895  enforcement offices may appeal the interpretation to the local
 3896  government’s board of adjustment and appeal or to the commission
 3897  under s. 553.775 if no local board exists. The decision of a
 3898  local board is reviewable in accordance with s. 553.775.
 3899         (c) The Florida Building Commission and code enforcement
 3900  jurisdictions shall consider balancing code criteria and
 3901  enforcement to unique functions, where they occur, of research
 3902  institutions by application of performance criteria in lieu of
 3903  prescriptive criteria.
 3904         (d) School boards, Florida College System institution
 3905  community college boards, and state universities may use annual
 3906  facility maintenance permits to facilitate routine maintenance,
 3907  emergency repairs, building refurbishment, and minor renovations
 3908  of systems or equipment. The amount expended for maintenance
 3909  projects may not exceed $200,000 per project. A facility
 3910  maintenance permit is valid for 1 year. A detailed log of
 3911  alterations and inspections must be maintained and annually
 3912  submitted to the building official. The building official
 3913  retains the right to make inspections at the facility site as he
 3914  or she considers necessary. Code compliance must be provided
 3915  upon notification by the building official. If a pattern of code
 3916  violations is found, the building official may withhold the
 3917  issuance of future annual facility maintenance permits.
 3918  
 3919  This part may not be construed to authorize counties,
 3920  municipalities, or code enforcement districts to conduct any
 3921  permitting, plans review, or inspections not covered by the
 3922  Florida Building Code. Any actions by counties or municipalities
 3923  not in compliance with this part may be appealed to the Florida
 3924  Building Commission. The commission, upon a determination that
 3925  actions not in compliance with this part have delayed permitting
 3926  or construction, may suspend the authority of a county,
 3927  municipality, or code enforcement district to enforce the
 3928  Florida Building Code on the buildings, structures, or
 3929  facilities of a state university, Florida College System
 3930  institution state community college, or public school district
 3931  and provide for code enforcement at the expense of the state
 3932  university, Florida College System institution state community
 3933  college, or public school district.
 3934         Reviser’s note.—Amended to conform references to community
 3935         colleges to changes in chs. 2008-52 and 2009-228, Laws of
 3936         Florida, transitioning references from community colleges
 3937         to Florida College System institutions.
 3938         Section 128. Subsection (1) of section 562.45, Florida
 3939  Statutes, is amended to read:
 3940         562.45 Penalties for violating Beverage Law; local
 3941  ordinances; prohibiting regulation of certain activities or
 3942  business transactions; requiring nondiscriminatory treatment;
 3943  providing exceptions.—
 3944         (1) Any person willfully and knowingly making any false
 3945  entries in any records required under the Beverage Law or
 3946  willfully violating any of the provisions of the Beverage Law,
 3947  concerning the excise tax herein provided for shall be guilty of
 3948  a felony of the third degree, punishable as provided in s.
 3949  775.082, s. 775.083, or s. 775.084. It is unlawful for any
 3950  person to violate any provision of the Beverage Law, and any
 3951  person who violates any provision of the Beverage Law for which
 3952  no penalty has been provided shall be guilty of a misdemeanor of
 3953  the second degree, punishable as provided in s. 775.082 or s.
 3954  775.083; provided, that any person who shall have been convicted
 3955  of a violation of any provision of the Beverage Law and shall
 3956  thereafter be convicted of a further violation of the Beverage
 3957  Law, shall, upon conviction of said further offense, be guilty
 3958  of a felony of the third degree, punishable as provided in s.
 3959  775.082, s. 775.083, or s. 775.084.
 3960         Reviser’s note.—Amended to insert the words “any person who
 3961         violates” to conform to context.
 3962         Section 129. Subsection (5) of section 565.03, Florida
 3963  Statutes, is amended to read:
 3964         565.03 License fees; manufacturers, distributors, brokers,
 3965  sales agents, and importers of alcoholic beverages; vendor
 3966  licenses and fees; craft distilleries.—
 3967         (5) A craft distillery making sales under paragraph (2)(c)
 3968  is responsible for submitting any excise taxes on beverages
 3969  beverages excise taxes under the Beverage Law in its monthly
 3970  report to the division with any tax payments due to the state.
 3971         Reviser’s note.—Amended to confirm the editorial substitution of
 3972         the words “excise taxes on beverages” for the words
 3973         “beverages excise taxes.”
 3974         Section 130. Subsection (3) of section 570.964, Florida
 3975  Statutes, is amended to read:
 3976         570.964 Posting and notification.—
 3977         (3) Failure to comply with the requirements of this section
 3978  subsection prevents an agritourism operator, his or her employer
 3979  or employee, or the owner of the underlying land on which the
 3980  agritourism occurs from invoking the privileges of immunity
 3981  provided by this section.
 3982         Reviser’s note.—Amended to correct an apparent error. No
 3983         specific requirements are found in subsection (3); they are
 3984         found elsewhere in the section.
 3985         Section 131. Subsection (3) of section 590.02, Florida
 3986  Statutes, is amended to read:
 3987         590.02 Florida Forest Service; powers, authority, and
 3988  duties; liability; building structures; Florida Center for
 3989  Wildfire and Forest Resources Management Training.—
 3990         (3) Employees of the Florida Forest Service and of federal,
 3991  state, and local agencies, and all other persons and entities
 3992  that are under contract or agreement with the Florida Forest
 3993  Service to assist in firefighting operations as well as those
 3994  entities, called upon by the Florida Forest Service to assist in
 3995  firefighting may, in the performance of their duties, set
 3996  counterfires, remove fences and other obstacles, dig trenches,
 3997  cut firelines, use water from public and private sources, and
 3998  carry on all other customary activities in the fighting of
 3999  wildfires without incurring liability to any person or entity.
 4000  The manner in which the Florida Forest Service monitors a
 4001  smoldering wildfire or smoldering prescribed fire or fights any
 4002  wildfire are planning level activities for which sovereign
 4003  immunity applies and is not waived.
 4004         Reviser’s note.—Amended to confirm the editorial insertion of
 4005         the word “or” to improve clarity.
 4006         Section 132. Section 605.0109, Florida Statutes, is amended
 4007  to read:
 4008         605.0109 Powers.—A limited liability company has the
 4009  powers, rights, and privileges granted by this chapter, by any
 4010  other law, or by its operating agreement to do all things
 4011  necessary or convenient to carry out its activities and affairs,
 4012  including the power to do all of the following:
 4013         (1) Sue, be sued, and defend in its name.
 4014         (2) Purchase, receive, lease, or otherwise acquire, own,
 4015  hold, improve, use, and otherwise deal with real or personal
 4016  property or any legal or equitable interest in property,
 4017  wherever located.
 4018         (3) Sell, convey, mortgage, grant a security interest in,
 4019  lease, exchange, and otherwise encumber or dispose of all or a
 4020  part of its property.
 4021         (4) Purchase, receive, subscribe for, or otherwise acquire,
 4022  own, hold, vote, use, sell, mortgage, lend, grant a security
 4023  interest in, or otherwise dispose of and deal in and with,
 4024  shares or other interests in or obligations of another entity.
 4025         (5) Make contracts or guarantees or incur liabilities;
 4026  borrow money; issue notes, bonds, or other obligations, which
 4027  may be convertible into or include the option to purchase other
 4028  securities of the limited liability company; or make contracts
 4029  of guaranty and suretyship which are necessary or convenient to
 4030  the conduct, promotion, or attainment of the purposes,
 4031  activities, and affairs of the limited liability company.
 4032         (6) Lend money, invest or reinvest its funds, and receive
 4033  and hold real or personal property as security for repayment.
 4034         (7) Conduct its business, locate offices, and exercise the
 4035  powers granted by this chapter within or without this state.
 4036         (8) Select managers and appoint officers, directors,
 4037  employees, and agents of the limited liability company, define
 4038  their duties, fix their compensation, and lend them money and
 4039  credit.
 4040         (9) Make donations for the public welfare or for
 4041  charitable, scientific, or educational purposes.
 4042         (10) Pay pensions and establish pension plans, pension
 4043  trusts, profit-sharing plans, bonus plans, option plans, and
 4044  benefit or incentive plans for any or all of its current or
 4045  former managers, members, officers, agents, and employees.
 4046         (11) Be a promoter, incorporator, shareholder, partner,
 4047  member, associate, or manager of a corporation, partnership,
 4048  joint venture, trust, or other entity.
 4049         (12) Make payments or donations or conduct any other act
 4050  not inconsistent with applicable law which furthers the business
 4051  of the limited liability company.
 4052         (13) Enter into interest rate, basis, currency, hedge or
 4053  other swap agreements, or cap, floor, put, call, option,
 4054  exchange or collar agreements, derivative agreements, or similar
 4055  agreements.
 4056         (14) Grant, hold, or exercise a power of attorney,
 4057  including an irrevocable power of attorney.
 4058         Reviser’s note.—Amended to confirm the editorial insertion of
 4059         the word “by” to conform to context.
 4060         Section 133. Subsection (5) of section 605.04092, Florida
 4061  Statutes, is amended to read:
 4062         605.04092 Conflict of interest transactions.—
 4063         (5) The presence of or a vote cast by a manager or member
 4064  with an interest in the transaction does not affect the validity
 4065  of an action taken under paragraph (4)(a) if the transaction is
 4066  otherwise authorized, approved, or ratified as provided in
 4067  subsection (4) that subsection, but the presence or vote of the
 4068  manager or member may be counted for purposes of determining
 4069  whether the transaction is approved under other sections of this
 4070  chapter.
 4071         Reviser’s note.—Amended to confirm the editorial substitution of
 4072         the reference to subsection (4) for the phrase “that
 4073         subsection” to provide clarity.
 4074         Section 134. Subsection (14) of section 605.0711, Florida
 4075  Statutes, is amended to read:
 4076         605.0711 Known claims against dissolved limited liability
 4077  company.—
 4078         (14) As used in this section and s. 605.0712 605.0710, the
 4079  term “successor entity” includes a trust, receivership, or other
 4080  legal entity governed by the laws of this state to which the
 4081  remaining assets and liabilities of a dissolved limited
 4082  liability company are transferred and which exists solely for
 4083  the purposes of prosecuting and defending suits by or against
 4084  the dissolved limited liability company, thereby enabling the
 4085  dissolved limited liability company to settle and close the
 4086  activities and affairs of the dissolved limited liability
 4087  company, to dispose of and convey the property of the dissolved
 4088  limited liability company, to discharge the liabilities of the
 4089  dissolved limited liability company, and to distribute to the
 4090  dissolved limited liability company’s members or transferees any
 4091  remaining assets, but not for the purpose of continuing the
 4092  activities and affairs for which the dissolved limited liability
 4093  company was organized.
 4094         Reviser’s note.—Amended to substitute a reference to s. 605.0712
 4095         for a reference to s. 605.0710. The term “successor entity”
 4096         is not used in s. 605.0710; the term is used in s.
 4097         605.0712.
 4098         Section 135. Paragraph (d) of subsection (1) of section
 4099  605.0714, Florida Statutes, is amended to read:
 4100         605.0714 Administrative dissolution.—
 4101         (1) The department may dissolve a limited liability company
 4102  administratively if the company does not:
 4103         (d) Deliver for filing a statement of a change under s.
 4104  605.0114 within 30 days after a change has occurred in the name
 4105  or address of the agent unless, within 30 days after the change
 4106  occurred:
 4107         1. The agent filed a statement of change under s. 605.0116;
 4108  or
 4109         2. The change was made in accordance with s. 605.0114(4).
 4110         Reviser’s note.—Amended to confirm the editorial insertion of
 4111         the word “in” to improve clarity.
 4112         Section 136. Subsection (7) of section 605.0904, Florida
 4113  Statutes, is amended to read:
 4114         605.0904 Effect of failure to have certificate of
 4115  authority.—
 4116         (7) A foreign limited liability company that transacts
 4117  business in this state without obtaining a certificate of
 4118  authority is liable to this state for the years or parts thereof
 4119  during which it transacted business in this state without
 4120  obtaining a certificate of authority in an amount equal to all
 4121  fees and penalties that would have been imposed by this chapter
 4122  upon the foreign limited liability company had it duly applied
 4123  for and received a certificate of authority to transact business
 4124  in this state as required under this chapter. In addition to the
 4125  payments thus prescribed, the foreign limited liability company
 4126  is liable for a civil penalty of at least $500 but not more than
 4127  $1,000 for each year or part thereof during which it transacts
 4128  business in this state without a certificate of authority. The
 4129  department may collect all penalties due under this subsection.
 4130         Reviser’s note.—Amended to confirm the editorial insertion of
 4131         the word “of” to conform to context.
 4132         Section 137. Subsection (2) of section 605.0905, Florida
 4133  Statutes, is amended to read:
 4134         605.0905 Activities not constituting transacting business.—
 4135         (2) The list of activities in subsection (1) is not an
 4136  exhaustive list of activities that do not constitute transacting
 4137  business within the meaning of s. 605.0902(1).
 4138         Reviser’s note.—Amended to confirm the editorial insertion of
 4139         the words “do not” to conform to context.
 4140         Section 138. Paragraph (c) of subsection (2) of section
 4141  605.0907, Florida Statutes, is amended to read:
 4142         605.0907 Amendment to certificate of authority.—
 4143         (2) The amendment must be filed within 30 days after the
 4144  occurrence of a change described in subsection (1), must be
 4145  signed by an authorized representative of the foreign limited
 4146  liability company, and must state the following:
 4147         (c) The date the foreign limited liability company was
 4148  authorized to transact business in this state.
 4149         Reviser’s note.—Amended to confirm the editorial insertion of
 4150         the word “in” to improve clarity.
 4151         Section 139. Subsection (1) of section 605.0912, Florida
 4152  Statutes, is amended to read:
 4153         605.0912 Withdrawal on dissolution, merger, or conversion
 4154  to nonfiling entity.—
 4155         (1) A registered foreign limited liability company that has
 4156  dissolved and completed winding up, has merged into a foreign
 4157  entity that is not registered in this state, or has converted to
 4158  a domestic or foreign entity that is not organized,
 4159  incorporated, registered or otherwise formed through the public
 4160  filing of a record, shall deliver a notice of withdrawal of
 4161  certificate of authority to the department for filing in
 4162  accordance with s. 605.0910.
 4163         Reviser’s note.—Amended to confirm the editorial insertion of
 4164         the word “has” to conform to context.
 4165         Section 140. Paragraph (a) of subsection (4) of section
 4166  605.1006, Florida Statutes, is amended to read:
 4167         605.1006 Appraisal rights.—
 4168         (4) Notwithstanding subsection (1), the availability of
 4169  appraisal rights must be limited in accordance with the
 4170  following provisions:
 4171         (a) Appraisal rights are not available for holders of a
 4172  membership interest interests that is are:
 4173         1. A covered security under s. 18(b)(1)(A) or (B) of the
 4174  Securities Act of 1933, as amended;
 4175         2. Traded in an organized market and part of a class or
 4176  series that has at least 2,000 members or other holders and a
 4177  market value of at least $20 million, exclusive of the value of
 4178  such class or series of membership interests held by the limited
 4179  liability company’s subsidiaries, senior executives, managers,
 4180  and beneficial members owning more than 10 percent of such class
 4181  or series of membership interests; or
 4182         3. Issued by an open-end management investment company
 4183  registered with the Securities and Exchange Commission under the
 4184  Investment Company Act of 1940 and subject to being redeemed at
 4185  the option of the holder at net asset value.
 4186         Reviser’s note.—Amended to correct subject-verb agreement.
 4187         Section 141. Subsection (5) of section 605.1033, Florida
 4188  Statutes, is amended to read:
 4189         605.1033 Approval of interest exchange.—
 4190         (5) All members of each domestic limited liability company
 4191  that is a party to the interest exchange and who have a right to
 4192  vote upon the interest exchange must be given written notice of
 4193  any meeting with respect to the approval of a plan of interest
 4194  exchange as provided in subsection (1) not less than 10 days and
 4195  not more than 60 days before the date of the meeting at which
 4196  the plan of interest exchange is submitted for approval by the
 4197  members of such limited liability company. The notification
 4198  required under this subsection may be waived in writing by the
 4199  person entitled to such notification.
 4200         Reviser’s note.—Amended to confirm the editorial deletion of the
 4201         word “and” to improve clarity and to conform to similar
 4202         language in s. 605.1023, as created by s. 2, ch. 2013-180,
 4203         Laws of Florida.
 4204         Section 142. Subsection (3) of section 605.1041, Florida
 4205  Statutes, is amended to read:
 4206         605.1041 Conversion authorized.—
 4207         (3) By complying with the provisions of this section and
 4208  ss. 605.1042-605.1046 605.1042-608.1046 which are applicable to
 4209  foreign entities, a foreign entity may become a domestic limited
 4210  liability company if the conversion is authorized by the law of
 4211  the foreign entity’s jurisdiction of formation.
 4212         Reviser’s note.—Amended to substitute a reference to ss.
 4213         605.1042-605.1046 for a reference to ss. 605.1042-608.1046
 4214         to conform to context. Section 608.1046 does not exist.
 4215         Section 143. Subsection (2) of section 605.1103, Florida
 4216  Statutes, is amended to read:
 4217         605.1103 Tax exemption on income of certain limited
 4218  liability companies.—
 4219         (2) For purposes of taxation under chapter 220, a limited
 4220  liability company formed in this state or a foreign limited
 4221  liability company with a certificate of authority to transact
 4222  business in this state shall be classified as a partnership or a
 4223  limited liability company that has only one member shall be
 4224  disregarded as an entity separate from its owner for federal
 4225  income tax purposes, unless classified otherwise for federal
 4226  income tax purposes, in which case the limited liability company
 4227  shall be classified identically to its classification for
 4228  federal income tax purposes. For purposes of taxation under
 4229  chapter 220, a member or a transferee of a member of a limited
 4230  liability company formed in this state or a foreign limited
 4231  liability company with a certificate of authority to transact
 4232  business in this state shall be treated as a resident or
 4233  nonresident partner unless classified otherwise for federal
 4234  income tax purposes, in which case the member or transferee of a
 4235  member has the same status as the member or transferee of a
 4236  member has for federal income tax purposes.
 4237         Reviser’s note.—Amended to confirm the editorial deletion of the
 4238         word “has” to improve clarity.
 4239         Section 144. Subsection (2) of section 610.108, Florida
 4240  Statutes, is amended to read:
 4241         610.108 Customer service standards.—
 4242         (2) Any municipality or county that, as of January 1, 2007,
 4243  has an office or department dedicated to responding to cable or
 4244  video service customer complaints may continue to respond to
 4245  such complaints until July 1, 2009. Beginning July 1, 2009, The
 4246  Department of Agriculture and Consumer Services shall have the
 4247  sole authority to respond to all cable or video service customer
 4248  complaints. This provision does not permit the municipality,
 4249  county, or department to impose customer service standards
 4250  inconsistent with the requirements in 47 C.F.R. s. 76.309(c).
 4251         Reviser’s note.—Amended to delete an obsolete provision.
 4252         Section 145. Section 610.119, Florida Statutes, is amended
 4253  to read:
 4254         610.119 Report Reports to the Legislature.—
 4255         (1) The Office of Program Policy Analysis and Government
 4256  Accountability shall submit to the President of the Senate, the
 4257  Speaker of the House of Representatives, and the majority and
 4258  minority leaders of the Senate and House of Representatives, by
 4259  December 1, 2009, and December 1, 2014, a report on the status
 4260  of competition in the cable and video service industry,
 4261  including, by each municipality and county, the number of cable
 4262  and video service providers, the number of cable and video
 4263  subscribers served, the number of areas served by fewer than two
 4264  cable or video service providers, the trend in cable and video
 4265  service prices, and the identification of any patterns of
 4266  service as they impact demographic and income groups.
 4267         (2) By January 15, 2008, the Department of Agriculture and
 4268  Consumer Services shall make recommendations to the President of
 4269  the Senate, the Speaker of the House of Representatives, and the
 4270  majority and minority leaders of the Senate and House of
 4271  Representatives regarding the workload and staffing requirements
 4272  associated with consumer complaints related to video and cable
 4273  certificateholders. The Department of State shall provide to the
 4274  Department of Agriculture and Consumer Services, for inclusion
 4275  in the report, the workload requirements for processing the
 4276  certificates of franchise authority. In addition, the Department
 4277  of State shall provide the number of applications filed for
 4278  cable and video certificates of franchise authority and the
 4279  number of amendments received to original applications for
 4280  franchise certificate authority.
 4281         Reviser’s note.—Amended to delete obsolete provisions.
 4282         Section 146. Paragraph (b) of subsection (1) of section
 4283  617.0601, Florida Statutes, is amended to read:
 4284         617.0601 Members, generally.—
 4285         (1)
 4286         (b) The articles of incorporation or bylaws of any
 4287  corporation not for profit that maintains chapters or affiliates
 4288  may grant representatives of such chapters or affiliates the
 4289  right to vote in conjunction with the board of directors of the
 4290  corporation notwithstanding applicable quorum or voting
 4291  requirements of this chapter if the corporation is registered
 4292  with the Department of Agriculture and Consumer Services
 4293  pursuant to ss. 496.401-496.424, the Solicitation of
 4294  Contributions Act.
 4295         Reviser’s note.—Amended to substitute a reference to the
 4296         Department of Agriculture and Consumer Services for a
 4297         reference to the department to provide clarity. Section
 4298         617.01401(6) defines “department,” as used in chapter 617,
 4299         as the Department of State; corporations registered
 4300         pursuant to ss. 496.401-496.424, the Solicitation of
 4301         Contributions Act, must register with the Department of
 4302         Agriculture and Consumer Services.
 4303         Section 147. Paragraph (c) of subsection (2) of section
 4304  620.8503, Florida Statutes, is amended to read:
 4305         620.8503 Transfer of partner’s transferable interest.—
 4306         (2) A transferee of a partner’s transferable interest in
 4307  the partnership has a right:
 4308         (c) To seek, under s. 620.8801(6) 620.839(6), a judicial
 4309  determination that it is equitable to wind up the partnership
 4310  business.
 4311         Reviser’s note.—Amended to correct an apparent error and
 4312         facilitate correct interpretation. Section 620.8503,
 4313         including the reference to s. 620.839(6) in paragraph
 4314         (2)(c), was created by s. 13, ch. 95-242, Laws of Florida.
 4315         Section 620.839 does not exist; the correct reference seems
 4316         to be s. 620.8801(6), which relates to judicial
 4317         determinations equitable to wind up partnership businesses.
 4318         Section 148. Paragraph (b) of subsection (5) of section
 4319  624.91, Florida Statutes, is amended to read:
 4320         624.91 The Florida Healthy Kids Corporation Act.—
 4321         (5) CORPORATION AUTHORIZATION, DUTIES, POWERS.—
 4322         (b) The Florida Healthy Kids Corporation shall:
 4323         1. Arrange for the collection of any family, local
 4324  contributions, or employer payment or premium, in an amount to
 4325  be determined by the board of directors, to provide for payment
 4326  of premiums for comprehensive insurance coverage and for the
 4327  actual or estimated administrative expenses.
 4328         2. Arrange for the collection of any voluntary
 4329  contributions to provide for payment of Florida Kidcare program
 4330  premiums for children who are not eligible for medical
 4331  assistance under Title XIX or Title XXI of the Social Security
 4332  Act.
 4333         3. Subject to the provisions of s. 409.8134, accept
 4334  voluntary supplemental local match contributions that comply
 4335  with the requirements of Title XXI of the Social Security Act
 4336  for the purpose of providing additional Florida Kidcare coverage
 4337  in contributing counties under Title XXI.
 4338         4. Establish the administrative and accounting procedures
 4339  for the operation of the corporation.
 4340         5. Establish, with consultation from appropriate
 4341  professional organizations, standards for preventive health
 4342  services and providers and comprehensive insurance benefits
 4343  appropriate to children, provided that such standards for rural
 4344  areas shall not limit primary care providers to board-certified
 4345  pediatricians.
 4346         6. Determine eligibility for children seeking to
 4347  participate in the Title XXI-funded components of the Florida
 4348  Kidcare program consistent with the requirements specified in s.
 4349  409.814, as well as the non-Title-XXI-eligible children as
 4350  provided in subsection (3).
 4351         7. Establish procedures under which providers of local
 4352  match to, applicants to and participants in the program may have
 4353  grievances reviewed by an impartial body and reported to the
 4354  board of directors of the corporation.
 4355         8. Establish participation criteria and, if appropriate,
 4356  contract with an authorized insurer, health maintenance
 4357  organization, or third-party administrator to provide
 4358  administrative services to the corporation.
 4359         9. Establish enrollment criteria that include penalties or
 4360  waiting periods of 30 days for reinstatement of coverage upon
 4361  voluntary cancellation for nonpayment of family premiums.
 4362         10. Contract with authorized insurers or any provider of
 4363  health care services, meeting standards established by the
 4364  corporation, for the provision of comprehensive insurance
 4365  coverage to participants. Such standards shall include criteria
 4366  under which the corporation may contract with more than one
 4367  provider of health care services in program sites. Health plans
 4368  shall be selected through a competitive bid process. The Florida
 4369  Healthy Kids Corporation shall purchase goods and services in
 4370  the most cost-effective manner consistent with the delivery of
 4371  quality medical care. The maximum administrative cost for a
 4372  Florida Healthy Kids Corporation contract shall be 15 percent.
 4373  For health care contracts, the minimum medical loss ratio for a
 4374  Florida Healthy Kids Corporation contract shall be 85 percent.
 4375  For dental contracts, the remaining compensation to be paid to
 4376  the authorized insurer or provider under a Florida Healthy Kids
 4377  Corporation contract shall be no less than an amount which is 85
 4378  percent of premium; to the extent any contract provision does
 4379  not provide for this minimum compensation, this section shall
 4380  prevail. The health plan selection criteria and scoring system,
 4381  and the scoring results, shall be available upon request for
 4382  inspection after the bids have been awarded.
 4383         11. Establish disenrollment criteria in the event local
 4384  matching funds are insufficient to cover enrollments.
 4385         12. Develop and implement a plan to publicize the Florida
 4386  Kidcare program, the eligibility requirements of the program,
 4387  and the procedures for enrollment in the program and to maintain
 4388  public awareness of the corporation and the program.
 4389         13. Secure staff necessary to properly administer the
 4390  corporation. Staff costs shall be funded from state and local
 4391  matching funds and such other private or public funds as become
 4392  available. The board of directors shall determine the number of
 4393  staff members necessary to administer the corporation.
 4394         14. In consultation with the partner agencies, provide a
 4395  report on the Florida Kidcare program annually to the Governor,
 4396  the Chief Financial Officer, the Commissioner of Education, the
 4397  President of the Senate, the Speaker of the House of
 4398  Representatives, and the Minority Leaders of the Senate and the
 4399  House of Representatives.
 4400         15. Provide information on a quarterly basis to the
 4401  Legislature and the Governor which compares the costs and
 4402  utilization of the full-pay enrolled population and the Title
 4403  XXI-subsidized enrolled population in the Florida Kidcare
 4404  program. The information, at a minimum, must include:
 4405         a. The monthly enrollment and expenditure for full-pay
 4406  enrollees in the Medikids and Florida Healthy Kids programs
 4407  compared to the Title XXI-subsidized enrolled population; and
 4408         b. The costs and utilization by service of the full-pay
 4409  enrollees in the Medikids and Florida Healthy Kids programs and
 4410  the Title XXI-subsidized enrolled population.
 4411  
 4412  By February 1, 2010, the Florida Healthy Kids Corporation shall
 4413  provide a study to the Legislature and the Governor on premium
 4414  impacts to the subsidized portion of the program from the
 4415  inclusion of the full-pay program, which shall include
 4416  recommendations on how to eliminate or mitigate possible impacts
 4417  to the subsidized premiums.
 4418         16. Establish benefit packages that conform to the
 4419  provisions of the Florida Kidcare program, as created in ss.
 4420  409.810-409.821.
 4421         Reviser’s note.—Amended to delete an obsolete provision.
 4422         Section 149. Paragraph (c) of subsection (6) of section
 4423  627.351, Florida Statutes, is amended to read:
 4424         627.351 Insurance risk apportionment plans.—
 4425         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 4426         (c) The corporation’s plan of operation:
 4427         1. Must provide for adoption of residential property and
 4428  casualty insurance policy forms and commercial residential and
 4429  nonresidential property insurance forms, which must be approved
 4430  by the office before use. The corporation shall adopt the
 4431  following policy forms:
 4432         a. Standard personal lines policy forms that are
 4433  comprehensive multiperil policies providing full coverage of a
 4434  residential property equivalent to the coverage provided in the
 4435  private insurance market under an HO-3, HO-4, or HO-6 policy.
 4436         b. Basic personal lines policy forms that are policies
 4437  similar to an HO-8 policy or a dwelling fire policy that provide
 4438  coverage meeting the requirements of the secondary mortgage
 4439  market, but which is more limited than the coverage under a
 4440  standard policy.
 4441         c. Commercial lines residential and nonresidential policy
 4442  forms that are generally similar to the basic perils of full
 4443  coverage obtainable for commercial residential structures and
 4444  commercial nonresidential structures in the admitted voluntary
 4445  market.
 4446         d. Personal lines and commercial lines residential property
 4447  insurance forms that cover the peril of wind only. The forms are
 4448  applicable only to residential properties located in areas
 4449  eligible for coverage under the coastal account referred to in
 4450  sub-subparagraph (b)2.a.
 4451         e. Commercial lines nonresidential property insurance forms
 4452  that cover the peril of wind only. The forms are applicable only
 4453  to nonresidential properties located in areas eligible for
 4454  coverage under the coastal account referred to in sub
 4455  subparagraph (b)2.a.
 4456         f. The corporation may adopt variations of the policy forms
 4457  listed in sub-subparagraphs a.-e. which contain more restrictive
 4458  coverage.
 4459         g. Effective January 1, 2013, the corporation shall offer a
 4460  basic personal lines policy similar to an HO-8 policy with
 4461  dwelling repair based on common construction materials and
 4462  methods.
 4463         2. Must provide that the corporation adopt a program in
 4464  which the corporation and authorized insurers enter into quota
 4465  share primary insurance agreements for hurricane coverage, as
 4466  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 4467  property insurance forms for eligible risks which cover the
 4468  peril of wind only.
 4469         a. As used in this subsection, the term:
 4470         (I) “Quota share primary insurance” means an arrangement in
 4471  which the primary hurricane coverage of an eligible risk is
 4472  provided in specified percentages by the corporation and an
 4473  authorized insurer. The corporation and authorized insurer are
 4474  each solely responsible for a specified percentage of hurricane
 4475  coverage of an eligible risk as set forth in a quota share
 4476  primary insurance agreement between the corporation and an
 4477  authorized insurer and the insurance contract. The
 4478  responsibility of the corporation or authorized insurer to pay
 4479  its specified percentage of hurricane losses of an eligible
 4480  risk, as set forth in the agreement, may not be altered by the
 4481  inability of the other party to pay its specified percentage of
 4482  losses. Eligible risks that are provided hurricane coverage
 4483  through a quota share primary insurance arrangement must be
 4484  provided policy forms that set forth the obligations of the
 4485  corporation and authorized insurer under the arrangement,
 4486  clearly specify the percentages of quota share primary insurance
 4487  provided by the corporation and authorized insurer, and
 4488  conspicuously and clearly state that the authorized insurer and
 4489  the corporation may not be held responsible beyond their
 4490  specified percentage of coverage of hurricane losses.
 4491         (II) “Eligible risks” means personal lines residential and
 4492  commercial lines residential risks that meet the underwriting
 4493  criteria of the corporation and are located in areas that were
 4494  eligible for coverage by the Florida Windstorm Underwriting
 4495  Association on January 1, 2002.
 4496         b. The corporation may enter into quota share primary
 4497  insurance agreements with authorized insurers at corporation
 4498  coverage levels of 90 percent and 50 percent.
 4499         c. If the corporation determines that additional coverage
 4500  levels are necessary to maximize participation in quota share
 4501  primary insurance agreements by authorized insurers, the
 4502  corporation may establish additional coverage levels. However,
 4503  the corporation’s quota share primary insurance coverage level
 4504  may not exceed 90 percent.
 4505         d. Any quota share primary insurance agreement entered into
 4506  between an authorized insurer and the corporation must provide
 4507  for a uniform specified percentage of coverage of hurricane
 4508  losses, by county or territory as set forth by the corporation
 4509  board, for all eligible risks of the authorized insurer covered
 4510  under the agreement.
 4511         e. Any quota share primary insurance agreement entered into
 4512  between an authorized insurer and the corporation is subject to
 4513  review and approval by the office. However, such agreement shall
 4514  be authorized only as to insurance contracts entered into
 4515  between an authorized insurer and an insured who is already
 4516  insured by the corporation for wind coverage.
 4517         f. For all eligible risks covered under quota share primary
 4518  insurance agreements, the exposure and coverage levels for both
 4519  the corporation and authorized insurers shall be reported by the
 4520  corporation to the Florida Hurricane Catastrophe Fund. For all
 4521  policies of eligible risks covered under such agreements, the
 4522  corporation and the authorized insurer must maintain complete
 4523  and accurate records for the purpose of exposure and loss
 4524  reimbursement audits as required by fund rules. The corporation
 4525  and the authorized insurer shall each maintain duplicate copies
 4526  of policy declaration pages and supporting claims documents.
 4527         g. The corporation board shall establish in its plan of
 4528  operation standards for quota share agreements which ensure that
 4529  there is no discriminatory application among insurers as to the
 4530  terms of the agreements, pricing of the agreements, incentive
 4531  provisions if any, and consideration paid for servicing policies
 4532  or adjusting claims.
 4533         h. The quota share primary insurance agreement between the
 4534  corporation and an authorized insurer must set forth the
 4535  specific terms under which coverage is provided, including, but
 4536  not limited to, the sale and servicing of policies issued under
 4537  the agreement by the insurance agent of the authorized insurer
 4538  producing the business, the reporting of information concerning
 4539  eligible risks, the payment of premium to the corporation, and
 4540  arrangements for the adjustment and payment of hurricane claims
 4541  incurred on eligible risks by the claims adjuster and personnel
 4542  of the authorized insurer. Entering into a quota sharing
 4543  insurance agreement between the corporation and an authorized
 4544  insurer is voluntary and at the discretion of the authorized
 4545  insurer.
 4546         3.a. May provide that the corporation may employ or
 4547  otherwise contract with individuals or other entities to provide
 4548  administrative or professional services that may be appropriate
 4549  to effectuate the plan. The corporation may borrow funds by
 4550  issuing bonds or by incurring other indebtedness, and shall have
 4551  other powers reasonably necessary to effectuate the requirements
 4552  of this subsection, including, without limitation, the power to
 4553  issue bonds and incur other indebtedness in order to refinance
 4554  outstanding bonds or other indebtedness. The corporation may
 4555  seek judicial validation of its bonds or other indebtedness
 4556  under chapter 75. The corporation may issue bonds or incur other
 4557  indebtedness, or have bonds issued on its behalf by a unit of
 4558  local government pursuant to subparagraph (q)2. in the absence
 4559  of a hurricane or other weather-related event, upon a
 4560  determination by the corporation, subject to approval by the
 4561  office, that such action would enable it to efficiently meet the
 4562  financial obligations of the corporation and that such
 4563  financings are reasonably necessary to effectuate the
 4564  requirements of this subsection. The corporation may take all
 4565  actions needed to facilitate tax-free status for such bonds or
 4566  indebtedness, including formation of trusts or other affiliated
 4567  entities. The corporation may pledge assessments, projected
 4568  recoveries from the Florida Hurricane Catastrophe Fund, other
 4569  reinsurance recoverables, policyholder surcharges and other
 4570  surcharges, and other funds available to the corporation as
 4571  security for bonds or other indebtedness. In recognition of s.
 4572  10, Art. I of the State Constitution, prohibiting the impairment
 4573  of obligations of contracts, it is the intent of the Legislature
 4574  that no action be taken whose purpose is to impair any bond
 4575  indenture or financing agreement or any revenue source committed
 4576  by contract to such bond or other indebtedness.
 4577         b. To ensure that the corporation is operating in an
 4578  efficient and economic manner while providing quality service to
 4579  policyholders, applicants, and agents, the board shall
 4580  commission an independent third-party consultant having
 4581  expertise in insurance company management or insurance company
 4582  management consulting to prepare a report and make
 4583  recommendations on the relative costs and benefits of
 4584  outsourcing various policy issuance and service functions to
 4585  private servicing carriers or entities performing similar
 4586  functions in the private market for a fee, rather than
 4587  performing such functions in-house. In making such
 4588  recommendations, the consultant shall consider how other
 4589  residual markets, both in this state and around the country,
 4590  outsource appropriate functions or use servicing carriers to
 4591  better match expenses with revenues that fluctuate based on a
 4592  widely varying policy count. The report must be completed by
 4593  July 1, 2012. Upon receiving the report, the board shall develop
 4594  a plan to implement the report and submit the plan for review,
 4595  modification, and approval to the Financial Services Commission.
 4596  Upon the commission’s approval of the plan, the board shall
 4597  begin implementing the plan by January 1, 2013.
 4598         4. Must require that the corporation operate subject to the
 4599  supervision and approval of a board of governors consisting of
 4600  nine individuals who are residents of this state and who are
 4601  from different geographical areas of the state, one of whom is
 4602  appointed by the Governor and serves solely to advocate on
 4603  behalf of the consumer. The appointment of a consumer
 4604  representative by the Governor is in addition to the
 4605  appointments authorized under sub-subparagraph a.
 4606         a. The Governor, the Chief Financial Officer, the President
 4607  of the Senate, and the Speaker of the House of Representatives
 4608  shall each appoint two members of the board. At least one of the
 4609  two members appointed by each appointing officer must have
 4610  demonstrated expertise in insurance and be deemed to be within
 4611  the scope of the exemption provided in s. 112.313(7)(b). The
 4612  Chief Financial Officer shall designate one of the appointees as
 4613  chair. All board members serve at the pleasure of the appointing
 4614  officer. All members of the board are subject to removal at will
 4615  by the officers who appointed them. All board members, including
 4616  the chair, must be appointed to serve for 3-year terms beginning
 4617  annually on a date designated by the plan. However, for the
 4618  first term beginning on or after July 1, 2009, each appointing
 4619  officer shall appoint one member of the board for a 2-year term
 4620  and one member for a 3-year term. A board vacancy shall be
 4621  filled for the unexpired term by the appointing officer. The
 4622  Chief Financial Officer shall appoint a technical advisory group
 4623  to provide information and advice to the board in connection
 4624  with the board’s duties under this subsection. The executive
 4625  director and senior managers of the corporation shall be engaged
 4626  by the board and serve at the pleasure of the board. Any
 4627  executive director appointed on or after July 1, 2006, is
 4628  subject to confirmation by the Senate. The executive director is
 4629  responsible for employing other staff as the corporation may
 4630  require, subject to review and concurrence by the board.
 4631         b. The board shall create a Market Accountability Advisory
 4632  Committee to assist the corporation in developing awareness of
 4633  its rates and its customer and agent service levels in
 4634  relationship to the voluntary market insurers writing similar
 4635  coverage.
 4636         (I) The members of the advisory committee consist of the
 4637  following 11 persons, one of whom must be elected chair by the
 4638  members of the committee: four representatives, one appointed by
 4639  the Florida Association of Insurance Agents, one by the Florida
 4640  Association of Insurance and Financial Advisors, one by the
 4641  Professional Insurance Agents of Florida, and one by the Latin
 4642  American Association of Insurance Agencies; three
 4643  representatives appointed by the insurers with the three highest
 4644  voluntary market share of residential property insurance
 4645  business in the state; one representative from the Office of
 4646  Insurance Regulation; one consumer appointed by the board who is
 4647  insured by the corporation at the time of appointment to the
 4648  committee; one representative appointed by the Florida
 4649  Association of Realtors; and one representative appointed by the
 4650  Florida Bankers Association. All members shall be appointed to
 4651  3-year terms and may serve for consecutive terms.
 4652         (II) The committee shall report to the corporation at each
 4653  board meeting on insurance market issues which may include rates
 4654  and rate competition with the voluntary market; service,
 4655  including policy issuance, claims processing, and general
 4656  responsiveness to policyholders, applicants, and agents; and
 4657  matters relating to depopulation.
 4658         5. Must provide a procedure for determining the eligibility
 4659  of a risk for coverage, as follows:
 4660         a. Subject to s. 627.3517, with respect to personal lines
 4661  residential risks, if the risk is offered coverage from an
 4662  authorized insurer at the insurer’s approved rate under a
 4663  standard policy including wind coverage or, if consistent with
 4664  the insurer’s underwriting rules as filed with the office, a
 4665  basic policy including wind coverage, for a new application to
 4666  the corporation for coverage, the risk is not eligible for any
 4667  policy issued by the corporation unless the premium for coverage
 4668  from the authorized insurer is more than 15 percent greater than
 4669  the premium for comparable coverage from the corporation.
 4670  Whenever an offer of coverage for a personal lines residential
 4671  risk is received for a policyholder of the corporation at
 4672  renewal from an authorized insurer, if the offer is equal to or
 4673  less than the corporation’s renewal premium for comparable
 4674  coverage, the risk is not eligible for coverage with the
 4675  corporation. If the risk is not able to obtain such offer, the
 4676  risk is eligible for a standard policy including wind coverage
 4677  or a basic policy including wind coverage issued by the
 4678  corporation; however, if the risk could not be insured under a
 4679  standard policy including wind coverage regardless of market
 4680  conditions, the risk is eligible for a basic policy including
 4681  wind coverage unless rejected under subparagraph 8. However, a
 4682  policyholder removed from the corporation through an assumption
 4683  agreement remains eligible for coverage from the corporation
 4684  until the end of the assumption period. The corporation shall
 4685  determine the type of policy to be provided on the basis of
 4686  objective standards specified in the underwriting manual and
 4687  based on generally accepted underwriting practices.
 4688         (I) If the risk accepts an offer of coverage through the
 4689  market assistance plan or through a mechanism established by the
 4690  corporation other than a plan established by s. 627.3518, before
 4691  a policy is issued to the risk by the corporation or during the
 4692  first 30 days of coverage by the corporation, and the producing
 4693  agent who submitted the application to the plan or to the
 4694  corporation is not currently appointed by the insurer, the
 4695  insurer shall:
 4696         (A) Pay to the producing agent of record of the policy for
 4697  the first year, an amount that is the greater of the insurer’s
 4698  usual and customary commission for the type of policy written or
 4699  a fee equal to the usual and customary commission of the
 4700  corporation; or
 4701         (B) Offer to allow the producing agent of record of the
 4702  policy to continue servicing the policy for at least 1 year and
 4703  offer to pay the agent the greater of the insurer’s or the
 4704  corporation’s usual and customary commission for the type of
 4705  policy written.
 4706  
 4707  If the producing agent is unwilling or unable to accept
 4708  appointment, the new insurer shall pay the agent in accordance
 4709  with sub-sub-sub-subparagraph (A).
 4710         (II) If the corporation enters into a contractual agreement
 4711  for a take-out plan, the producing agent of record of the
 4712  corporation policy is entitled to retain any unearned commission
 4713  on the policy, and the insurer shall:
 4714         (A) Pay to the producing agent of record, for the first
 4715  year, an amount that is the greater of the insurer’s usual and
 4716  customary commission for the type of policy written or a fee
 4717  equal to the usual and customary commission of the corporation;
 4718  or
 4719         (B) Offer to allow the producing agent of record to
 4720  continue servicing the policy for at least 1 year and offer to
 4721  pay the agent the greater of the insurer’s or the corporation’s
 4722  usual and customary commission for the type of policy written.
 4723  
 4724  If the producing agent is unwilling or unable to accept
 4725  appointment, the new insurer shall pay the agent in accordance
 4726  with sub-sub-sub-subparagraph (A).
 4727         b. With respect to commercial lines residential risks, for
 4728  a new application to the corporation for coverage, if the risk
 4729  is offered coverage under a policy including wind coverage from
 4730  an authorized insurer at its approved rate, the risk is not
 4731  eligible for a policy issued by the corporation unless the
 4732  premium for coverage from the authorized insurer is more than 15
 4733  percent greater than the premium for comparable coverage from
 4734  the corporation. Whenever an offer of coverage for a commercial
 4735  lines residential risk is received for a policyholder of the
 4736  corporation at renewal from an authorized insurer, if the offer
 4737  is equal to or less than the corporation’s renewal premium for
 4738  comparable coverage, the risk is not eligible for coverage with
 4739  the corporation. If the risk is not able to obtain any such
 4740  offer, the risk is eligible for a policy including wind coverage
 4741  issued by the corporation. However, a policyholder removed from
 4742  the corporation through an assumption agreement remains eligible
 4743  for coverage from the corporation until the end of the
 4744  assumption period.
 4745         (I) If the risk accepts an offer of coverage through the
 4746  market assistance plan or through a mechanism established by the
 4747  corporation other than a plan established by s. 627.3518, before
 4748  a policy is issued to the risk by the corporation or during the
 4749  first 30 days of coverage by the corporation, and the producing
 4750  agent who submitted the application to the plan or the
 4751  corporation is not currently appointed by the insurer, the
 4752  insurer shall:
 4753         (A) Pay to the producing agent of record of the policy, for
 4754  the first year, an amount that is the greater of the insurer’s
 4755  usual and customary commission for the type of policy written or
 4756  a fee equal to the usual and customary commission of the
 4757  corporation; or
 4758         (B) Offer to allow the producing agent of record of the
 4759  policy to continue servicing the policy for at least 1 year and
 4760  offer to pay the agent the greater of the insurer’s or the
 4761  corporation’s usual and customary commission for the type of
 4762  policy written.
 4763  
 4764  If the producing agent is unwilling or unable to accept
 4765  appointment, the new insurer shall pay the agent in accordance
 4766  with sub-sub-sub-subparagraph (A).
 4767         (II) If the corporation enters into a contractual agreement
 4768  for a take-out plan, the producing agent of record of the
 4769  corporation policy is entitled to retain any unearned commission
 4770  on the policy, and the insurer shall:
 4771         (A) Pay to the producing agent of record, for the first
 4772  year, an amount that is the greater of the insurer’s usual and
 4773  customary commission for the type of policy written or a fee
 4774  equal to the usual and customary commission of the corporation;
 4775  or
 4776         (B) Offer to allow the producing agent of record to
 4777  continue servicing the policy for at least 1 year and offer to
 4778  pay the agent the greater of the insurer’s or the corporation’s
 4779  usual and customary commission for the type of policy written.
 4780  
 4781  If the producing agent is unwilling or unable to accept
 4782  appointment, the new insurer shall pay the agent in accordance
 4783  with sub-sub-sub-subparagraph (A).
 4784         c. For purposes of determining comparable coverage under
 4785  sub-subparagraphs a. and b., the comparison must be based on
 4786  those forms and coverages that are reasonably comparable. The
 4787  corporation may rely on a determination of comparable coverage
 4788  and premium made by the producing agent who submits the
 4789  application to the corporation, made in the agent’s capacity as
 4790  the corporation’s agent. A comparison may be made solely of the
 4791  premium with respect to the main building or structure only on
 4792  the following basis: the same coverage A or other building
 4793  limits; the same percentage hurricane deductible that applies on
 4794  an annual basis or that applies to each hurricane for commercial
 4795  residential property; the same percentage of ordinance and law
 4796  coverage, if the same limit is offered by both the corporation
 4797  and the authorized insurer; the same mitigation credits, to the
 4798  extent the same types of credits are offered both by the
 4799  corporation and the authorized insurer; the same method for loss
 4800  payment, such as replacement cost or actual cash value, if the
 4801  same method is offered both by the corporation and the
 4802  authorized insurer in accordance with underwriting rules; and
 4803  any other form or coverage that is reasonably comparable as
 4804  determined by the board. If an application is submitted to the
 4805  corporation for wind-only coverage in the coastal account, the
 4806  premium for the corporation’s wind-only policy plus the premium
 4807  for the ex-wind policy that is offered by an authorized insurer
 4808  to the applicant must be compared to the premium for multiperil
 4809  coverage offered by an authorized insurer, subject to the
 4810  standards for comparison specified in this subparagraph. If the
 4811  corporation or the applicant requests from the authorized
 4812  insurer a breakdown of the premium of the offer by types of
 4813  coverage so that a comparison may be made by the corporation or
 4814  its agent and the authorized insurer refuses or is unable to
 4815  provide such information, the corporation may treat the offer as
 4816  not being an offer of coverage from an authorized insurer at the
 4817  insurer’s approved rate.
 4818         6. Must include rules for classifications of risks and
 4819  rates.
 4820         7. Must provide that if premium and investment income for
 4821  an account attributable to a particular calendar year are in
 4822  excess of projected losses and expenses for the account
 4823  attributable to that year, such excess shall be held in surplus
 4824  in the account. Such surplus must be available to defray
 4825  deficits in that account as to future years and used for that
 4826  purpose before assessing assessable insurers and assessable
 4827  insureds as to any calendar year.
 4828         8. Must provide objective criteria and procedures to be
 4829  uniformly applied to all applicants in determining whether an
 4830  individual risk is so hazardous as to be uninsurable. In making
 4831  this determination and in establishing the criteria and
 4832  procedures, the following must be considered:
 4833         a. Whether the likelihood of a loss for the individual risk
 4834  is substantially higher than for other risks of the same class;
 4835  and
 4836         b. Whether the uncertainty associated with the individual
 4837  risk is such that an appropriate premium cannot be determined.
 4838  
 4839  The acceptance or rejection of a risk by the corporation shall
 4840  be construed as the private placement of insurance, and the
 4841  provisions of chapter 120 do not apply.
 4842         9. Must provide that the corporation make its best efforts
 4843  to procure catastrophe reinsurance at reasonable rates, to cover
 4844  its projected 100-year probable maximum loss as determined by
 4845  the board of governors.
 4846         10. The policies issued by the corporation must provide
 4847  that if the corporation or the market assistance plan obtains an
 4848  offer from an authorized insurer to cover the risk at its
 4849  approved rates, the risk is no longer eligible for renewal
 4850  through the corporation, except as otherwise provided in this
 4851  subsection.
 4852         11. Corporation policies and applications must include a
 4853  notice that the corporation policy could, under this section, be
 4854  replaced with a policy issued by an authorized insurer which
 4855  does not provide coverage identical to the coverage provided by
 4856  the corporation. The notice must also specify that acceptance of
 4857  corporation coverage creates a conclusive presumption that the
 4858  applicant or policyholder is aware of this potential.
 4859         12. May establish, subject to approval by the office,
 4860  different eligibility requirements and operational procedures
 4861  for any line or type of coverage for any specified county or
 4862  area if the board determines that such changes are justified due
 4863  to the voluntary market being sufficiently stable and
 4864  competitive in such area or for such line or type of coverage
 4865  and that consumers who, in good faith, are unable to obtain
 4866  insurance through the voluntary market through ordinary methods
 4867  continue to have access to coverage from the corporation. If
 4868  coverage is sought in connection with a real property transfer,
 4869  the requirements and procedures may not provide an effective
 4870  date of coverage later than the date of the closing of the
 4871  transfer as established by the transferor, the transferee, and,
 4872  if applicable, the lender.
 4873         13. Must provide that, with respect to the coastal account,
 4874  any assessable insurer with a surplus as to policyholders of $25
 4875  million or less writing 25 percent or more of its total
 4876  countrywide property insurance premiums in this state may
 4877  petition the office, within the first 90 days of each calendar
 4878  year, to qualify as a limited apportionment company. A regular
 4879  assessment levied by the corporation on a limited apportionment
 4880  company for a deficit incurred by the corporation for the
 4881  coastal account may be paid to the corporation on a monthly
 4882  basis as the assessments are collected by the limited
 4883  apportionment company from its insureds, but a limited
 4884  apportionment company must begin collecting the regular
 4885  assessments not later than 90 days after the regular assessments
 4886  are levied by the corporation, and the regular assessments must
 4887  be paid in full within 15 months after being levied by the
 4888  corporation. A limited apportionment company shall collect from
 4889  its policyholders any emergency assessment imposed under sub
 4890  subparagraph (b)3.d. The plan must provide that, if the office
 4891  determines that any regular assessment will result in an
 4892  impairment of the surplus of a limited apportionment company,
 4893  the office may direct that all or part of such assessment be
 4894  deferred as provided in subparagraph (q)4. However, an emergency
 4895  assessment to be collected from policyholders under sub
 4896  subparagraph (b)3.d. may not be limited or deferred.
 4897         14. Must provide that the corporation appoint as its
 4898  licensed agents only those agents who also hold an appointment
 4899  as defined in s. 626.015(3) with an insurer who at the time of
 4900  the agent’s initial appointment by the corporation is authorized
 4901  to write and is actually writing personal lines residential
 4902  property coverage, commercial residential property coverage, or
 4903  commercial nonresidential property coverage within the state.
 4904         15. Must provide a premium payment plan option to its
 4905  policyholders which, at a minimum, allows for quarterly and
 4906  semiannual payment of premiums. A monthly payment plan may, but
 4907  is not required to, be offered.
 4908         16. Must limit coverage on mobile homes or manufactured
 4909  homes built before 1994 to actual cash value of the dwelling
 4910  rather than replacement costs of the dwelling.
 4911         17. Must provide coverage for manufactured or mobile home
 4912  dwellings. Such coverage must also include the following
 4913  attached structures:
 4914         a. Screened enclosures that are aluminum framed or screened
 4915  enclosures that are not covered by the same or substantially the
 4916  same materials as those of the primary dwelling;
 4917         b. Carports that are aluminum or carports that are not
 4918  covered by the same or substantially the same materials as those
 4919  of the primary dwelling; and
 4920         c. Patios that have a roof covering that is constructed of
 4921  materials that are not the same or substantially the same
 4922  materials as those of the primary dwelling.
 4923  
 4924  The corporation shall make available a policy for mobile homes
 4925  or manufactured homes for a minimum insured value of at least
 4926  $3,000.
 4927         18. May provide such limits of coverage as the board
 4928  determines, consistent with the requirements of this subsection.
 4929         19. May require commercial property to meet specified
 4930  hurricane mitigation construction features as a condition of
 4931  eligibility for coverage.
 4932         20. Must provide that new or renewal policies issued by the
 4933  corporation on or after January 1, 2012, which cover sinkhole
 4934  loss do not include coverage for any loss to appurtenant
 4935  structures, driveways, sidewalks, decks, or patios that are
 4936  directly or indirectly caused by sinkhole activity. The
 4937  corporation shall exclude such coverage using a notice of
 4938  coverage change, which may be included with the policy renewal,
 4939  and not by issuance of a notice of nonrenewal of the excluded
 4940  coverage upon renewal of the current policy.
 4941         21. As of January 1, 2012, must require that the agent
 4942  obtain from an applicant for coverage from the corporation an
 4943  acknowledgment signed by the applicant, which includes, at a
 4944  minimum, the following statement:
 4945  
 4946                ACKNOWLEDGMENT OF POTENTIAL SURCHARGE              
 4947                      AND ASSESSMENT LIABILITY:                    
 4948  
 4949         1. AS A POLICYHOLDER OF CITIZENS PROPERTY INSURANCE
 4950  CORPORATION, I UNDERSTAND THAT IF THE CORPORATION SUSTAINS A
 4951  DEFICIT AS A RESULT OF HURRICANE LOSSES OR FOR ANY OTHER REASON,
 4952  MY POLICY COULD BE SUBJECT TO SURCHARGES, WHICH WILL BE DUE AND
 4953  PAYABLE UPON RENEWAL, CANCELLATION, OR TERMINATION OF THE
 4954  POLICY, AND THAT THE SURCHARGES COULD BE AS HIGH AS 45 PERCENT
 4955  OF MY PREMIUM, OR A DIFFERENT AMOUNT AS IMPOSED BY THE FLORIDA
 4956  LEGISLATURE.
 4957         2. I UNDERSTAND THAT I CAN AVOID THE CITIZENS POLICYHOLDER
 4958  SURCHARGE, WHICH COULD BE AS HIGH AS 45 PERCENT OF MY PREMIUM,
 4959  BY OBTAINING COVERAGE FROM A PRIVATE MARKET INSURER AND THAT TO
 4960  BE ELIGIBLE FOR COVERAGE BY CITIZENS, I MUST FIRST TRY TO OBTAIN
 4961  PRIVATE MARKET COVERAGE BEFORE APPLYING FOR OR RENEWING COVERAGE
 4962  WITH CITIZENS. I UNDERSTAND THAT PRIVATE MARKET INSURANCE RATES
 4963  ARE REGULATED AND APPROVED BY THE STATE.
 4964         3. I UNDERSTAND THAT I MAY BE SUBJECT TO EMERGENCY
 4965  ASSESSMENTS TO THE SAME EXTENT AS POLICYHOLDERS OF OTHER
 4966  INSURANCE COMPANIES, OR A DIFFERENT AMOUNT AS IMPOSED BY THE
 4967  FLORIDA LEGISLATURE.
 4968         4. I ALSO UNDERSTAND THAT CITIZENS PROPERTY INSURANCE
 4969  CORPORATION IS NOT SUPPORTED BY THE FULL FAITH AND CREDIT OF THE
 4970  STATE OF FLORIDA.
 4971         a. The corporation shall maintain, in electronic format or
 4972  otherwise, a copy of the applicant’s signed acknowledgment and
 4973  provide a copy of the statement to the policyholder as part of
 4974  the first renewal after the effective date of this subparagraph.
 4975         b. The signed acknowledgment form creates a conclusive
 4976  presumption that the policyholder understood and accepted his or
 4977  her potential surcharge and assessment liability as a
 4978  policyholder of the corporation.
 4979         Reviser’s note.—Subparagraph (6)(c)3. is amended to delete an
 4980         obsolete provision. Sub-subparagraph (6)(c)4.a. is amended
 4981         to confirm the editorial insertion of the word “be” to
 4982         improve clarity.
 4983         Section 150. Subsection (5) of section 627.3518, Florida
 4984  Statutes, is amended to read:
 4985         627.3518 Citizens Property Insurance Corporation
 4986  policyholder eligibility clearinghouse program.—The purpose of
 4987  this section is to provide a framework for the corporation to
 4988  implement a clearinghouse program by January 1, 2014.
 4989         (5) Notwithstanding s. 627.3517, any applicant for new
 4990  coverage from the corporation is not eligible for coverage from
 4991  the corporation if provided an offer of coverage from an
 4992  authorized insurer through the program at a premium that is at
 4993  or below the eligibility threshold established in s.
 4994  627.351(6)(c)5.a. Whenever an offer of coverage for a personal
 4995  lines risk is received for a policyholder of the corporation at
 4996  renewal from an authorized insurer through the program, if the
 4997  offer is equal to or less than the corporation’s renewal premium
 4998  for comparable coverage, the risk is not eligible for coverage
 4999  with the corporation. In the event an offer of coverage for a
 5000  new applicant is received from an authorized insurer through the
 5001  program, and the premium offered exceeds the eligibility
 5002  threshold contained in s. 627.351(6)(c)5.a., the applicant or
 5003  insured may elect to accept such coverage, or may elect to
 5004  accept or continue coverage with the corporation. In the event
 5005  an offer of coverage for a personal lines risk is received from
 5006  an authorized insurer at renewal through the program, and the
 5007  premium offered is more than the corporation’s renewal premium
 5008  for comparable coverage, the insured may elect to accept such
 5009  coverage, or may elect to accept or continue coverage with the
 5010  corporation. Section 627.351(6)(c)5.a.(I) does not apply to an
 5011  offer of coverage from an authorized insurer obtained through
 5012  the program. An applicant for coverage from the corporation who
 5013  was previously declared ineligible for coverage at renewal by
 5014  the corporation in the previous 36 months due to an offer of
 5015  coverage pursuant to this subsection shall be considered a
 5016  renewal under this section if the corporation determines that
 5017  the authorized insurer making the offer of coverage pursuant to
 5018  this subsection continues to insure the applicant and increased
 5019  the rate on the policy in excess of the increase allowed for the
 5020  corporation under s. 627.351(6)(n)6.
 5021         Reviser’s note.—Amended to confirm the editorial deletion of the
 5022         word “previously” to eliminate redundancy.
 5023         Section 151. Subsection (3) of section 627.642, Florida
 5024  Statutes, is amended to read:
 5025         627.642 Outline of coverage.—
 5026         (3) In addition to the outline of coverage, a policy as
 5027  specified in s. 627.6699(3)(l) 627.6699(3)(k) must be
 5028  accompanied by an identification card that contains, at a
 5029  minimum:
 5030         (a) The name of the organization issuing the policy or the
 5031  name of the organization administering the policy, whichever
 5032  applies.
 5033         (b) The name of the contract holder.
 5034         (c) The type of plan only if the plan is filed in the
 5035  state, an indication that the plan is self-funded, or the name
 5036  of the network.
 5037         (d) The member identification number, contract number, and
 5038  policy or group number, if applicable.
 5039         (e) A contact phone number or electronic address for
 5040  authorizations and admission certifications.
 5041         (f) A phone number or electronic address whereby the
 5042  covered person or hospital, physician, or other person rendering
 5043  services covered by the policy may obtain benefits verification
 5044  and information in order to estimate patient financial
 5045  responsibility, in compliance with privacy rules under the
 5046  Health Insurance Portability and Accountability Act.
 5047         (g) The national plan identifier, in accordance with the
 5048  compliance date set forth by the federal Department of Health
 5049  and Human Services.
 5050  
 5051  The identification card must present the information in a
 5052  readily identifiable manner or, alternatively, the information
 5053  may be embedded on the card and available through magnetic
 5054  stripe or smart card. The information may also be provided
 5055  through other electronic technology.
 5056         Reviser’s note.—Amended to conform to the redesignation of s.
 5057         627.6699(3)(k) as s. 627.6699(3)(l) by s. 23, ch. 2013-101,
 5058         Laws of Florida.
 5059         Section 152. Paragraph (d) of subsection (2) of section
 5060  627.6515, Florida Statutes, is amended to read:
 5061         627.6515 Out-of-state groups.—
 5062         (2) Except as otherwise provided in this part, this part
 5063  does not apply to a group health insurance policy issued or
 5064  delivered outside this state under which a resident of this
 5065  state is provided coverage if:
 5066         (d) Applications for certificates of coverage offered to
 5067  residents of this state must contain, in contrasting color and
 5068  not less than 12-point type, the following statement on the same
 5069  page as the applicant’s signature:
 5070  
 5071         “This policy is primarily governed by the laws of
 5072         ...insert state where the master policy is if
 5073         filed.... As a result, all of the rating laws
 5074         applicable to policies filed in this state do not
 5075         apply to this coverage, which may result in increases
 5076         in your premium at renewal that would not be
 5077         permissible under a Florida-approved policy. Any
 5078         purchase of individual health insurance should be
 5079         considered carefully, as future medical conditions may
 5080         make it impossible to qualify for another individual
 5081         health policy. For information concerning individual
 5082         health coverage under a Florida-approved policy,
 5083         consult your agent or the Florida Department of
 5084         Financial Services.”
 5085  
 5086  This paragraph applies only to group certificates providing
 5087  health insurance coverage which require individualized
 5088  underwriting to determine coverage eligibility for an individual
 5089  or premium rates to be charged to an individual except for the
 5090  following:
 5091         1. Policies issued to provide coverage to groups of persons
 5092  all of whom are in the same or functionally related licensed
 5093  professions, and providing coverage only to such licensed
 5094  professionals, their employees, or their dependents;
 5095         2. Policies providing coverage to small employers as
 5096  defined by s. 627.6699. Such policies shall be subject to, and
 5097  governed by, the provisions of s. 627.6699;
 5098         3. Policies issued to a bona fide association, as defined
 5099  by s. 627.6571(5), provided that there is a person or board
 5100  acting as a fiduciary for the benefit of the members, and such
 5101  association is not owned, controlled by, or otherwise associated
 5102  with the insurance company; or
 5103         4. Any accidental death, accidental death and
 5104  dismemberment, accident-only, vision-only, dental-only, hospital
 5105  indemnity-only, hospital accident-only, cancer, specified
 5106  disease, Medicare supplement, products that supplement Medicare,
 5107  long-term care, or disability income insurance, or similar
 5108  supplemental plans provided under a separate policy,
 5109  certificate, or contract of insurance, which cannot duplicate
 5110  coverage under an underlying health plan, coinsurance, or
 5111  deductibles or coverage issued as a supplement to workers’
 5112  compensation or similar insurance, or automobile medical-payment
 5113  insurance.
 5114         Reviser’s note.—Amended to confirm the editorial substitution of
 5115         the word “is” for the word “if” to provide clarity.
 5116         Section 153. Subsection (5) of section 627.6562, Florida
 5117  Statutes, is amended to read:
 5118         627.6562 Dependent coverage.—
 5119         (5)(a) Until April 1, 2009, the parent of a child who
 5120  qualifies for coverage under subsection (2) but whose coverage
 5121  as a dependent child under the parent’s plan terminated under
 5122  the terms of the plan before October 1, 2008, may make a written
 5123  election to reinstate coverage, without proof of insurability,
 5124  under that plan as a dependent child pursuant to this section.
 5125         (b) The covered person’s plan may require the payment of a
 5126  premium by the covered person or dependent child, as
 5127  appropriate, subject to the approval of the Office of Insurance
 5128  Regulation, for any period of coverage relating to a dependent’s
 5129  written election for coverage pursuant to paragraph (a).
 5130         (c) Notice regarding the reinstatement of coverage for a
 5131  dependent child as provided under this subsection must be
 5132  provided to a covered person in the certificate of coverage
 5133  prepared for covered persons by the insurer or by the covered
 5134  person’s employer. Such notice may be given through the group
 5135  policyholder.
 5136         Reviser’s note.—Amended to delete an obsolete provision.
 5137         Section 154. Subsection (2) of section 627.657, Florida
 5138  Statutes, is amended to read:
 5139         627.657 Provisions of group health insurance policies.—
 5140         (2) The medical policy as specified in s. 627.6699(3)(l)
 5141  627.6699(3)(k) must be accompanied by an identification card
 5142  that contains, at a minimum:
 5143         (a) The name of the organization issuing the policy or name
 5144  of the organization administering the policy, whichever applies.
 5145         (b) The name of the certificateholder.
 5146         (c) The type of plan only if the plan is filed in the
 5147  state, an indication that the plan is self-funded, or the name
 5148  of the network.
 5149         (d) The member identification number, contract number, and
 5150  policy or group number, if applicable.
 5151         (e) A contact phone number or electronic address for
 5152  authorizations and admission certifications.
 5153         (f) A phone number or electronic address whereby the
 5154  covered person or hospital, physician, or other person rendering
 5155  services covered by the policy may obtain benefits verification
 5156  and information in order to estimate patient financial
 5157  responsibility, in compliance with privacy rules under the
 5158  Health Insurance Portability and Accountability Act.
 5159         (g) The national plan identifier, in accordance with the
 5160  compliance date set forth by the federal Department of Health
 5161  and Human Services.
 5162  
 5163  The identification card must present the information in a
 5164  readily identifiable manner or, alternatively, the information
 5165  may be embedded on the card and available through magnetic
 5166  stripe or smart card. The information may also be provided
 5167  through other electronic technology.
 5168         Reviser’s note.—Amended to conform to the redesignation of s.
 5169         627.6699(3)(k) as s. 627.6699(3)(l) by s. 23, ch. 2013-101,
 5170         Laws of Florida.
 5171         Section 155. Subsection (8) of section 627.6686, Florida
 5172  Statutes, is amended to read:
 5173         627.6686 Coverage for individuals with autism spectrum
 5174  disorder required; exception.—
 5175         (8) Beginning January 1, 2011, The maximum benefit under
 5176  paragraph (4)(b) shall be adjusted annually on January 1 of each
 5177  calendar year to reflect any change from the previous year in
 5178  the medical component of the then current Consumer Price Index
 5179  for All Urban Consumers, published by the Bureau of Labor
 5180  Statistics of the United States Department of Labor.
 5181         Reviser’s note.—Amended to delete an obsolete provision.
 5182         Section 156. Subsection (28) of section 633.102, Florida
 5183  Statutes, is amended to read:
 5184         633.102 Definitions.—As used in this chapter, the term:
 5185         (28) “Special state firesafety inspector” means an
 5186  individual officially assigned to the duties of conducting
 5187  firesafety inspections required by law on behalf of or by an
 5188  agency of the state having authority for inspections other than
 5189  the division.
 5190         Reviser’s note.—Amended to delete an obsolete provision. Section
 5191         633.216(3) provides that the classification of special
 5192         state firesafety inspector is abolished effective July 1,
 5193         2013, and all special state firesafety inspector
 5194         certifications expire at midnight June 30, 2013.
 5195         Section 157. Subsection (3) of section 633.216, Florida
 5196  Statutes, is amended to read:
 5197         633.216 Inspection of buildings and equipment; orders;
 5198  firesafety inspection training requirements; certification;
 5199  disciplinary action.—The State Fire Marshal and her or his
 5200  agents or persons authorized to enforce laws and rules of the
 5201  State Fire Marshal shall, at any reasonable hour, when the State
 5202  Fire Marshal has reasonable cause to believe that a violation of
 5203  this chapter or s. 509.215, or a rule adopted thereunder, or a
 5204  minimum firesafety code adopted by the State Fire Marshal or a
 5205  local authority, may exist, inspect any and all buildings and
 5206  structures which are subject to the requirements of this chapter
 5207  or s. 509.215 and rules adopted thereunder. The authority to
 5208  inspect shall extend to all equipment, vehicles, and chemicals
 5209  which are located on or within the premises of any such building
 5210  or structure.
 5211         (3)(a)1. Effective July 1, 2013, the classification of
 5212  special state firesafety inspector is abolished, and all special
 5213  state firesafety inspector certifications expire at midnight
 5214  June 30, 2013.
 5215         2. Any person who is a special state firesafety inspector
 5216  on June 30, 2013, and who has failed to comply with paragraph
 5217  (b) or paragraph (c) may not perform any firesafety inspection
 5218  required by law.
 5219         3. A special state firesafety inspector certificate may not
 5220  be issued after June 30, 2011.
 5221         (b)1. Any person who is a special state firesafety
 5222  inspector on July 1, 2011, and who has at least 5 years of
 5223  experience as a special state firesafety inspector as of July 1,
 5224  2011, may take the firesafety inspection examination as provided
 5225  in paragraph (2)(a) for firesafety inspectors before July 1,
 5226  2013, to be certified as a firesafety inspector under this
 5227  section.
 5228         2. Upon passing the examination, the person shall be
 5229  certified as a firesafety inspector as provided in this section.
 5230         3. A person who fails to become certified must comply with
 5231  paragraph (c) to be certified as a firesafety inspector under
 5232  this section.
 5233         (c)1. To be certified as a firesafety inspector under this
 5234  section, a person who:
 5235         a. Is a special state firesafety inspector on July 1, 2011,
 5236  and who does not have 5 years of experience as a special state
 5237  firesafety inspector as of July 1, 2011; or
 5238         b. Has 5 years of experience as a special state firesafety
 5239  inspector but has failed the examination taken as provided in
 5240  paragraph (2)(a),
 5241  
 5242  must take an additional 80 hours of the courses described in
 5243  paragraph (2)(b).
 5244         2. After successfully completing the courses described in
 5245  this paragraph, such person may take the firesafety inspection
 5246  examination as provided in paragraph (2)(a), if such examination
 5247  is taken before July 1, 2013.
 5248         3. Upon passing the examination, the person shall be
 5249  certified as a firesafety inspector as provided in this section.
 5250         4. A person who fails the course of study or the
 5251  examination described in this paragraph may not perform any
 5252  firesafety inspection required by law on or after July 1, 2013.
 5253         Reviser’s note.—Amended to delete an obsolete provision.
 5254         Section 158. Subsection (1) of section 633.316, Florida
 5255  Statutes, is amended to read:
 5256         633.316 Fire suppression system contractors; disciplinary
 5257  action.—
 5258         (1) The violation of any provision of this chapter or any
 5259  rule adopted and adopted pursuant hereto or the failure or
 5260  refusal to comply with any notice or order to correct a
 5261  violation or any cease and desist order by a person who
 5262  possesses a license or permit issued pursuant to s. 633.304 is
 5263  cause for denial, nonrenewal, revocation, or suspension of such
 5264  license or permit by the State Fire Marshal after such officer
 5265  has determined that the person committed such violation. An
 5266  order of suspension must state the period of such suspension,
 5267  which period may not be in excess of 2 years from the date of
 5268  such order. An order of revocation may be entered for a period
 5269  not exceeding 5 years. Such orders shall effect suspension or
 5270  revocation of all licenses or permits issued by the division to
 5271  the person, and during such period a license or permit may not
 5272  be issued by the division to such person. During the suspension
 5273  or revocation of any license or permit, the former licensee or
 5274  permittee may not engage in or attempt or profess to engage in
 5275  any transaction or business for which a license or permit is
 5276  required under this chapter or directly or indirectly own,
 5277  control, or be employed in any manner by any firm, business, or
 5278  corporation for which a license or permit under this chapter is
 5279  required. If, during the period between the beginning of
 5280  proceedings and the entry of an order of suspension or
 5281  revocation by the State Fire Marshal, a new license or permit
 5282  has been issued by the division to the person so charged, the
 5283  order of suspension or revocation shall operate to suspend or
 5284  revoke such new license or permit held by such person.
 5285         Reviser’s note.—Amended to confirm the editorial deletion of the
 5286         words “adopted and” to improve clarity.
 5287         Section 159. Paragraph (a) of subsection (4) of section
 5288  633.408, Florida Statutes, is amended to read:
 5289         633.408 Firefighter and volunteer firefighter training and
 5290  certification.—
 5291         (4) The division shall issue a firefighter certificate of
 5292  compliance to an individual who does all of the following:
 5293         (a) Satisfactorily completes the Minimum Standards Course
 5294  or who has satisfactorily completed training for firefighters in
 5295  another state which has been determined by the division to be at
 5296  least the equivalent of the training required for the Minimum
 5297  Standards Course.
 5298         Reviser’s note.—Amended to confirm the editorial deletion of the
 5299         word “who.”
 5300         Section 160. Section 634.283, Florida Statutes, is amended
 5301  to read:
 5302         634.283 Power of department and office to examine and
 5303  investigate.—The department and office may, within their
 5304  respective regulatory jurisdictions, examine and investigate the
 5305  affairs of every person involved in the business of motor
 5306  vehicle service agreements in this state in order to determine
 5307  whether such person has been or is engaged in any unfair method
 5308  of competition or in any unfair or deceptive act or practice
 5309  prohibited by s. 634.2815, and each shall have the powers and
 5310  duties specified in ss. 634.284-634.288 634.284-634.289 in
 5311  connection therewith.
 5312         Reviser’s note.—Amended to conform to the repeal of s. 634.289
 5313         by s. 99, ch. 2013-18, Laws of Florida.
 5314         Section 161. Subsection (8) of section 641.31098, Florida
 5315  Statutes, is amended to read:
 5316         641.31098 Coverage for individuals with developmental
 5317  disabilities.—
 5318         (8) Beginning January 1, 2011, The maximum benefit under
 5319  paragraph (4)(b) shall be adjusted annually on January 1 of each
 5320  calendar year to reflect any change from the previous year in
 5321  the medical component of the then current Consumer Price Index
 5322  for All Urban Consumers, published by the Bureau of Labor
 5323  Statistics of the United States Department of Labor.
 5324         Reviser’s note.—Amended to delete an obsolete provision.
 5325         Section 162. Subsection (1) and paragraphs (b), (c), and
 5326  (d) of subsection (5) of section 658.27, Florida Statutes, are
 5327  amended to read:
 5328         658.27 Control of bank or trust company; definitions and
 5329  related provisions.—
 5330         (1) In ss. 658.27-658.285 658.27-658.29, unless the context
 5331  clearly requires otherwise:
 5332         (a) “Bank holding company” means any business organization
 5333  which has or acquires control over any bank or trust company or
 5334  over any business organization that is or becomes a bank holding
 5335  company by virtue of ss. 658.27-658.285 658.27-658.29.
 5336         (b) “Business organization” means a corporation,
 5337  association, partnership, or business trust and includes any
 5338  similar organization (including a trust company and including a
 5339  bank, whether or not authorized to engage in trust business, but
 5340  only if such bank is, or by virtue of ss. 658.27-658.285 658.27
 5341  658.29 becomes, a bank holding company), whether created,
 5342  organized, or existing under the laws of the United States; this
 5343  state or any other state of the United States; or any other
 5344  country, government, or jurisdiction. “Business organization”
 5345  does not include any corporation the majority of the shares of
 5346  which are owned by the United States or by this state. “Business
 5347  organization” also includes any other trust, unless by its terms
 5348  it must terminate within 25 years or not later than 21 years and
 5349  10 months after the death of individuals living on the effective
 5350  date of the trust, unless the office determines, after notice
 5351  and opportunity for hearing, that a purpose for the creation of
 5352  such trust was the evasion of the provisions of ss. 658.27
 5353  658.285 658.27-658.29.
 5354         (c) “Edge Act corporation” means a corporation organized
 5355  and existing under the provisions of s. 25(a) of the Federal
 5356  Reserve Act, 12 U.S.C. ss. 611-632.
 5357         (d) “Subsidiary,” with respect to a specified bank, trust
 5358  company, or bank holding company, means:
 5359         1. Any business organization 25 percent or more of the
 5360  voting shares of which, excluding shares owned by the United
 5361  States or by any business organization wholly owned by the
 5362  United States, are directly or indirectly owned or controlled by
 5363  such bank, trust company, or bank holding company or are held by
 5364  such bank, trust company, or bank holding company with power to
 5365  vote;
 5366         2. Any business organization the election of a majority of
 5367  the directors of which is controlled in any manner by such bank,
 5368  trust company, or bank holding company; or
 5369         3. Any business organization with respect to the management
 5370  or policies of which such bank, trust company, or bank holding
 5371  company has the power, directly or indirectly, to exercise a
 5372  controlling influence, as determined by the office after notice
 5373  and opportunity for hearing.
 5374         (e) “Successor,” with respect to a specified bank holding
 5375  company, means any business organization which acquires directly
 5376  or indirectly from the bank holding company shares of any bank
 5377  or trust company, when and if the relationship between such
 5378  business organization and the bank holding company is such that
 5379  the transaction effects no substantial change in the control of
 5380  the bank or trust company or beneficial ownership of such shares
 5381  of such bank or trust company. The commission may, by rule,
 5382  further define the term “successor” to the extent necessary to
 5383  prevent evasion of the purposes of ss. 658.27-658.285 658.27
 5384  658.29. For the purposes of ss. 658.27-658.285 658.27-658.29,
 5385  any successor to a bank holding company shall be deemed to have
 5386  been a bank holding company from the date on which the
 5387  predecessor business organization became a bank holding company.
 5388         (5) Notwithstanding any other provision of this section, no
 5389  bank and no business organization shall be deemed to own or
 5390  control voting shares or assets of another bank or another
 5391  business organization if:
 5392         (b) The shares are acquired in connection with the
 5393  underwriting of securities by a business organization, in good
 5394  faith and without any intent or purpose to evade the purposes of
 5395  ss. 658.27-658.285 658.27-658.29, and if such shares are held
 5396  only for such period of time, not exceeding 3 months from date
 5397  of acquisition, as will permit the sale thereof on a reasonable
 5398  basis; however, upon application by the underwriting business
 5399  organization, and after notice and opportunity for hearing, if
 5400  the office finds that the sale of such shares within that period
 5401  of time would create an unreasonable hardship on the
 5402  underwriting business organization, that there is no intent or
 5403  purpose to evade the purposes of ss. 658.27-658.285 658.27
 5404  658.29 by the continued ownership or control of such shares by
 5405  such underwriting business organization, and that an extension
 5406  of such period of time would not be detrimental to the public
 5407  interest, the office is authorized to extend, from time to time,
 5408  for not more than 1 month at a time, the 3-month period, but the
 5409  aggregate of such extensions shall not exceed 3 months;
 5410         (c) Control of voting rights of such shares is acquired in
 5411  good faith, and without any purpose or intent to evade the
 5412  purposes of ss. 658.27-658.285 658.27-658.29, in the course of
 5413  participating in a proxy solicitation by a business organization
 5414  formed in good faith, and without any purpose or intent to evade
 5415  the purposes of ss. 658.27-658.285 658.27-658.29, for the sole
 5416  purpose of participating in such proxy solicitation, and such
 5417  control of voting rights terminates immediately upon the
 5418  conclusion of the sole purpose for which such business
 5419  organization was formed; or
 5420         (d) The ownership or control of such shares or assets is
 5421  acquired in securing or collecting a debt previously contracted
 5422  in good faith, unless the office, after notice and opportunity
 5423  for hearing, finds that a purpose of any part of any transaction
 5424  was an evasion of the purposes of ss. 658.27-658.285 658.27
 5425  658.29 and if the ownership or control of such shares or assets
 5426  is held only for such reasonable period of time, not exceeding 2
 5427  years after the date of acquisition, as will permit the
 5428  divestiture thereof on a reasonable basis. Upon application by
 5429  the bank or business organization which acquired such ownership
 5430  or control in accordance with the preceding provisions of this
 5431  paragraph, and after notice and opportunity for hearing, if the
 5432  office finds that the bank or business organization has made
 5433  reasonable and good faith efforts to divest itself of such
 5434  ownership or control on a reasonable basis within the 2-year
 5435  period but has been unable to do so, that immediate divestiture
 5436  of such ownership or control would create an unreasonable
 5437  hardship on such bank or business organization, that
 5438  continuation of such ownership or control involves no purpose or
 5439  intent to evade the purposes of ss. 658.27-658.285 658.27
 5440  658.29, and that an extension of the 2-year period would not be
 5441  detrimental to the public interest, the office is authorized to
 5442  extend, from time to time and for not more than 1 year at a
 5443  time, the 2-year period, but the aggregate of all such
 5444  extensions shall not exceed 3 years.
 5445         Reviser’s note.—Amended to conform to the repeal of s. 658.29 by
 5446         s. 15, ch. 96-168, Laws of Florida.
 5447         Section 163. Subsection (7) of section 658.995, Florida
 5448  Statutes, is amended to read:
 5449         658.995 Credit Card Bank Act.—
 5450         (7) A credit card bank shall not be considered a “bank” for
 5451  the purposes of ss. 658.27-658.2953 658.27-658.296.
 5452         Reviser’s note.—Amended to conform to the repeal of s. 658.296
 5453         by s. 25, ch. 2011-194, Laws of Florida.
 5454         Section 164. Paragraph (d) of subsection (4) and paragraph
 5455  (a) of subsection (13) of section 713.78, Florida Statutes, are
 5456  amended to read:
 5457         713.78 Liens for recovering, towing, or storing vehicles
 5458  and vessels.—
 5459         (4)
 5460         (d) If attempts to locate the name and address of the owner
 5461  or lienholder prove unsuccessful, the towing-storage operator
 5462  shall, after 7 working days, excluding Saturday and Sunday, of
 5463  the initial tow or storage, notify the public agency of
 5464  jurisdiction where the vehicle or vessel is stored in writing by
 5465  certified mail or acknowledged hand delivery that the towing
 5466  storage company has been unable to locate the name and address
 5467  of the owner or lienholder and a physical search of the vehicle
 5468  or vessel has disclosed no ownership information and a good
 5469  faith effort has been made, including records checks of the
 5470  Department of Highway Safety and Motor Vehicles database and the
 5471  National Motor Vehicle Title Information System or an equivalent
 5472  commercially available system databases. For purposes of this
 5473  paragraph and subsection (9), “good faith effort” means that the
 5474  following checks have been performed by the company to establish
 5475  prior state of registration and for title:
 5476         1. Check of the Department of Highway Safety and Motor
 5477  Vehicles database for the owner and any lienholder.
 5478         2. Check of the electronic National Motor Vehicle Title
 5479  Information System or an equivalent commercially available
 5480  system to determine the state of registration when there is not
 5481  a current registration record for the vehicle on file with the
 5482  Department of Highway Safety and Motor Vehicles.
 5483         3. Check of vehicle or vessel for any type of tag, tag
 5484  record, temporary tag, or regular tag.
 5485         4. Check of law enforcement report for tag number or other
 5486  information identifying the vehicle or vessel, if the vehicle or
 5487  vessel was towed at the request of a law enforcement officer.
 5488         5. Check of trip sheet or tow ticket of tow truck operator
 5489  to see if a tag was on vehicle or vessel at beginning of tow, if
 5490  private tow.
 5491         6. If there is no address of the owner on the impound
 5492  report, check of law enforcement report to see if an out-of
 5493  state address is indicated from driver license information.
 5494         7. Check of vehicle or vessel for inspection sticker or
 5495  other stickers and decals that may indicate a state of possible
 5496  registration.
 5497         8. Check of the interior of the vehicle or vessel for any
 5498  papers that may be in the glove box, trunk, or other areas for a
 5499  state of registration.
 5500         9. Check of vehicle for vehicle identification number.
 5501         10. Check of vessel for vessel registration number.
 5502         11. Check of vessel hull for a hull identification number
 5503  which should be carved, burned, stamped, embossed, or otherwise
 5504  permanently affixed to the outboard side of the transom or, if
 5505  there is no transom, to the outmost seaboard side at the end of
 5506  the hull that bears the rudder or other steering mechanism.
 5507         (13)(a) Upon receipt by the Department of Highway Safety
 5508  and Motor Vehicles of written notice from a wrecker operator who
 5509  claims a wrecker operator’s lien under paragraph (2)(c) or
 5510  paragraph (2)(d) for recovery, towing, or storage of an
 5511  abandoned vehicle or vessel upon instructions from any law
 5512  enforcement agency, for which a certificate of destruction has
 5513  been issued under subsection (11) and the vehicle has been
 5514  reported to the National Motor Vehicle Title Information System,
 5515  the department shall place the name of the registered owner of
 5516  that vehicle or vessel on the list of those persons who may not
 5517  be issued a license plate or revalidation sticker for any motor
 5518  vehicle under s. 320.03(8). If the vehicle or vessel is owned
 5519  jointly by more than one person, the name of each registered
 5520  owner shall be placed on the list. The notice of wrecker
 5521  operator’s lien shall be submitted on forms provided by the
 5522  department, which must include:
 5523         1. The name, address, and telephone number of the wrecker
 5524  operator.
 5525         2. The name of the registered owner of the vehicle or
 5526  vessel and the address to which the wrecker operator provided
 5527  notice of the lien to the registered owner under subsection (4).
 5528         3. A general description of the vehicle or vessel,
 5529  including its color, make, model, body style, and year.
 5530         4. The vehicle identification number (VIN); registration
 5531  license plate number, state, and year; validation decal number,
 5532  state, and year; vessel registration number; hull identification
 5533  number; or other identification number, as applicable.
 5534         5. The name of the person or the corresponding law
 5535  enforcement agency that requested that the vehicle or vessel be
 5536  recovered, towed, or stored.
 5537         6. The amount of the wrecker operator’s lien, not to exceed
 5538  the amount allowed by paragraph (b).
 5539         Reviser’s note.—Paragraph (4)(d) is amended to confirm the
 5540         editorial insertion of the word “database” and editorial
 5541         deletion of the word “databases” to improve clarity.
 5542         Paragraph (13)(a) is amended to conform to the deletion of
 5543         referenced paragraph (2)(d) by s. 3, ch. 2005-137, Laws of
 5544         Florida, and the subsequent redesignation of referenced
 5545         paragraph (2)(c) as paragraph (2)(d) by s. 75, ch. 2013
 5546         160, Laws of Florida.
 5547         Section 165. Subsection (1) of section 718.301, Florida
 5548  Statutes, is reenacted to read:
 5549         718.301 Transfer of association control; claims of defect
 5550  by association.—
 5551         (1) If unit owners other than the developer own 15 percent
 5552  or more of the units in a condominium that will be operated
 5553  ultimately by an association, the unit owners other than the
 5554  developer are entitled to elect at least one-third of the
 5555  members of the board of administration of the association. Unit
 5556  owners other than the developer are entitled to elect at least a
 5557  majority of the members of the board of administration of an
 5558  association, upon the first to occur of any of the following
 5559  events:
 5560         (a) Three years after 50 percent of the units that will be
 5561  operated ultimately by the association have been conveyed to
 5562  purchasers;
 5563         (b) Three months after 90 percent of the units that will be
 5564  operated ultimately by the association have been conveyed to
 5565  purchasers;
 5566         (c) When all the units that will be operated ultimately by
 5567  the association have been completed, some of them have been
 5568  conveyed to purchasers, and none of the others are being offered
 5569  for sale by the developer in the ordinary course of business;
 5570         (d) When some of the units have been conveyed to purchasers
 5571  and none of the others are being constructed or offered for sale
 5572  by the developer in the ordinary course of business;
 5573         (e) When the developer files a petition seeking protection
 5574  in bankruptcy;
 5575         (f) When a receiver for the developer is appointed by a
 5576  circuit court and is not discharged within 30 days after such
 5577  appointment, unless the court determines within 30 days after
 5578  appointment of the receiver that transfer of control would be
 5579  detrimental to the association or its members; or
 5580         (g) Seven years after the date of the recording of the
 5581  certificate of a surveyor and mapper pursuant to s.
 5582  718.104(4)(e) or the recording of an instrument that transfers
 5583  title to a unit in the condominium which is not accompanied by a
 5584  recorded assignment of developer rights in favor of the grantee
 5585  of such unit, whichever occurs first; or, in the case of an
 5586  association that may ultimately operate more than one
 5587  condominium, 7 years after the date of the recording of the
 5588  certificate of a surveyor and mapper pursuant to s.
 5589  718.104(4)(e) or the recording of an instrument that transfers
 5590  title to a unit which is not accompanied by a recorded
 5591  assignment of developer rights in favor of the grantee of such
 5592  unit, whichever occurs first, for the first condominium it
 5593  operates; or, in the case of an association operating a phase
 5594  condominium created pursuant to s. 718.403, 7 years after the
 5595  date of the recording of the certificate of a surveyor and
 5596  mapper pursuant to s. 718.104(4)(e) or the recording of an
 5597  instrument that transfers title to a unit which is not
 5598  accompanied by a recorded assignment of developer rights in
 5599  favor of the grantee of such unit, whichever occurs first.
 5600  
 5601  The developer is entitled to elect at least one member of the
 5602  board of administration of an association as long as the
 5603  developer holds for sale in the ordinary course of business at
 5604  least 5 percent, in condominiums with fewer than 500 units, and
 5605  2 percent, in condominiums with more than 500 units, of the
 5606  units in a condominium operated by the association. After the
 5607  developer relinquishes control of the association, the developer
 5608  may exercise the right to vote any developer-owned units in the
 5609  same manner as any other unit owner except for purposes of
 5610  reacquiring control of the association or selecting the majority
 5611  members of the board of administration.
 5612         Reviser’s note.—Reenacted to confirm restoration by the editors
 5613         of the flush left language at the end of subsection (1). A
 5614         drafting error in s. 7, ch. 2013-122, Laws of Florida,
 5615         placed the flush left material of subsection (1) at the end
 5616         of paragraph (g); the intent was for it to remain flush
 5617         left text at the end of subsection (1).
 5618         Section 166. Paragraph (a) of subsection (1) of section
 5619  871.015, Florida Statutes, is amended to read:
 5620         871.015 Unlawful protests.—
 5621         (1) As used in this section, the term:
 5622         (a) “Funeral or burial” means a service or ceremony offered
 5623  or provided in connection with the final disposition,
 5624  memorialization, interment internment, entombment, or inurnment
 5625  of human remains or cremated human remains.
 5626         Reviser’s note.—Amended to confirm the editorial substitution of
 5627         the word “interment” for the word “internment” to conform
 5628         to context.
 5629         Section 167. Subsection (8) of section 893.055, Florida
 5630  Statutes, is amended to read:
 5631         893.055 Prescription drug monitoring program.—
 5632         (8) To assist in fulfilling program responsibilities,
 5633  performance measures shall be reported annually to the Governor,
 5634  the President of the Senate, and the Speaker of the House of
 5635  Representatives by the department each December 1, beginning in
 5636  2011. Data that does not contain patient, physician, health care
 5637  practitioner, prescriber, or dispenser identifying information
 5638  may be requested during the year by department employees so that
 5639  the department may undertake public health care and safety
 5640  initiatives that take advantage of observed trends. Performance
 5641  measures may include, but are not limited to, efforts to achieve
 5642  the following outcomes:
 5643         (a) Reduction of the rate of inappropriate use of
 5644  prescription drugs through department education and safety
 5645  efforts.
 5646         (b) Reduction of the quantity of pharmaceutical controlled
 5647  substances obtained by individuals attempting to engage in fraud
 5648  and deceit.
 5649         (c) Increased coordination among partners participating in
 5650  the prescription drug monitoring program.
 5651         (d) Involvement of stakeholders in achieving improved
 5652  patient health care and safety and reduction of prescription
 5653  drug abuse and prescription drug diversion.
 5654         Reviser’s note.—Amended to delete an obsolete provision.
 5655         Section 168. Paragraph (a) of subsection (5) of section
 5656  893.1495, Florida Statutes, is amended to read:
 5657         893.1495 Retail sale of ephedrine and related compounds.—
 5658         (5)(a) Any person purchasing, receiving, or otherwise
 5659  acquiring any nonprescription compound, mixture, or preparation
 5660  containing any detectable quantity of ephedrine or related
 5661  compounds must:
 5662         1. Be at least 18 years of age.
 5663         2. Produce a government-issued photo identification showing
 5664  his or her name, date of birth, address, and photo
 5665  identification number or an alternative form of identification
 5666  acceptable under federal regulation 8 C.F.R. s.
 5667  274a.2(b)(1)(v)(A) and (B).
 5668         3. Sign his or her name on a record of the purchase, either
 5669  on paper or on an electronic signature capture device.
 5670         Reviser’s note.—Amended to delete the words “federal regulation”
 5671         to provide clarity.
 5672         Section 169. Paragraph (c) of subsection (4) of section
 5673  943.0585, Florida Statutes, is amended to read:
 5674         943.0585 Court-ordered expunction of criminal history
 5675  records.—The courts of this state have jurisdiction over their
 5676  own procedures, including the maintenance, expunction, and
 5677  correction of judicial records containing criminal history
 5678  information to the extent such procedures are not inconsistent
 5679  with the conditions, responsibilities, and duties established by
 5680  this section. Any court of competent jurisdiction may order a
 5681  criminal justice agency to expunge the criminal history record
 5682  of a minor or an adult who complies with the requirements of
 5683  this section. The court shall not order a criminal justice
 5684  agency to expunge a criminal history record until the person
 5685  seeking to expunge a criminal history record has applied for and
 5686  received a certificate of eligibility for expunction pursuant to
 5687  subsection (2). A criminal history record that relates to a
 5688  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 5689  s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025, s.
 5690  827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145, s.
 5691  893.135, s. 916.1075, a violation enumerated in s. 907.041, or
 5692  any violation specified as a predicate offense for registration
 5693  as a sexual predator pursuant to s. 775.21, without regard to
 5694  whether that offense alone is sufficient to require such
 5695  registration, or for registration as a sexual offender pursuant
 5696  to s. 943.0435, may not be expunged, without regard to whether
 5697  adjudication was withheld, if the defendant was found guilty of
 5698  or pled guilty or nolo contendere to the offense, or if the
 5699  defendant, as a minor, was found to have committed, or pled
 5700  guilty or nolo contendere to committing, the offense as a
 5701  delinquent act. The court may only order expunction of a
 5702  criminal history record pertaining to one arrest or one incident
 5703  of alleged criminal activity, except as provided in this
 5704  section. The court may, at its sole discretion, order the
 5705  expunction of a criminal history record pertaining to more than
 5706  one arrest if the additional arrests directly relate to the
 5707  original arrest. If the court intends to order the expunction of
 5708  records pertaining to such additional arrests, such intent must
 5709  be specified in the order. A criminal justice agency may not
 5710  expunge any record pertaining to such additional arrests if the
 5711  order to expunge does not articulate the intention of the court
 5712  to expunge a record pertaining to more than one arrest. This
 5713  section does not prevent the court from ordering the expunction
 5714  of only a portion of a criminal history record pertaining to one
 5715  arrest or one incident of alleged criminal activity.
 5716  Notwithstanding any law to the contrary, a criminal justice
 5717  agency may comply with laws, court orders, and official requests
 5718  of other jurisdictions relating to expunction, correction, or
 5719  confidential handling of criminal history records or information
 5720  derived therefrom. This section does not confer any right to the
 5721  expunction of any criminal history record, and any request for
 5722  expunction of a criminal history record may be denied at the
 5723  sole discretion of the court.
 5724         (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.—Any
 5725  criminal history record of a minor or an adult which is ordered
 5726  expunged by a court of competent jurisdiction pursuant to this
 5727  section must be physically destroyed or obliterated by any
 5728  criminal justice agency having custody of such record; except
 5729  that any criminal history record in the custody of the
 5730  department must be retained in all cases. A criminal history
 5731  record ordered expunged that is retained by the department is
 5732  confidential and exempt from the provisions of s. 119.07(1) and
 5733  s. 24(a), Art. I of the State Constitution and not available to
 5734  any person or entity except upon order of a court of competent
 5735  jurisdiction. A criminal justice agency may retain a notation
 5736  indicating compliance with an order to expunge.
 5737         (c) Information relating to the existence of an expunged
 5738  criminal history record which is provided in accordance with
 5739  paragraph (a) is confidential and exempt from the provisions of
 5740  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 5741  except that the department shall disclose the existence of a
 5742  criminal history record ordered expunged to the entities set
 5743  forth in subparagraphs (a)1., 4., 5., and 6. (a)1., 4., 5., 6.,
 5744  and 7. for their respective licensing, access authorization, and
 5745  employment purposes, and to criminal justice agencies for their
 5746  respective criminal justice purposes. It is unlawful for any
 5747  employee of an entity set forth in subparagraph (a)1.,
 5748  subparagraph (a)4., subparagraph (a)5., or subparagraph (a)6.,
 5749  or subparagraph (a)7. to disclose information relating to the
 5750  existence of an expunged criminal history record of a person
 5751  seeking employment, access authorization, or licensure with such
 5752  entity or contractor, except to the person to whom the criminal
 5753  history record relates or to persons having direct
 5754  responsibility for employment, access authorization, or
 5755  licensure decisions. Any person who violates this paragraph
 5756  commits a misdemeanor of the first degree, punishable as
 5757  provided in s. 775.082 or s. 775.083.
 5758         Reviser’s note.—Amended to conform to the repeal of subparagraph
 5759         (4)(a)7. by s. 25, ch. 2013-116, Laws of Florida.
 5760         Section 170. Subsection (4) of section 943.059, Florida
 5761  Statutes, is amended to read:
 5762         943.059 Court-ordered sealing of criminal history records.
 5763  The courts of this state shall continue to have jurisdiction
 5764  over their own procedures, including the maintenance, sealing,
 5765  and correction of judicial records containing criminal history
 5766  information to the extent such procedures are not inconsistent
 5767  with the conditions, responsibilities, and duties established by
 5768  this section. Any court of competent jurisdiction may order a
 5769  criminal justice agency to seal the criminal history record of a
 5770  minor or an adult who complies with the requirements of this
 5771  section. The court shall not order a criminal justice agency to
 5772  seal a criminal history record until the person seeking to seal
 5773  a criminal history record has applied for and received a
 5774  certificate of eligibility for sealing pursuant to subsection
 5775  (2). A criminal history record that relates to a violation of s.
 5776  393.135, s. 394.4593, s. 787.025, chapter 794, s. 796.03, s.
 5777  800.04, s. 810.14, s. 817.034, s. 825.1025, s. 827.071, chapter
 5778  839, s. 847.0133, s. 847.0135, s. 847.0145, s. 893.135, s.
 5779  916.1075, a violation enumerated in s. 907.041, or any violation
 5780  specified as a predicate offense for registration as a sexual
 5781  predator pursuant to s. 775.21, without regard to whether that
 5782  offense alone is sufficient to require such registration, or for
 5783  registration as a sexual offender pursuant to s. 943.0435, may
 5784  not be sealed, without regard to whether adjudication was
 5785  withheld, if the defendant was found guilty of or pled guilty or
 5786  nolo contendere to the offense, or if the defendant, as a minor,
 5787  was found to have committed or pled guilty or nolo contendere to
 5788  committing the offense as a delinquent act. The court may only
 5789  order sealing of a criminal history record pertaining to one
 5790  arrest or one incident of alleged criminal activity, except as
 5791  provided in this section. The court may, at its sole discretion,
 5792  order the sealing of a criminal history record pertaining to
 5793  more than one arrest if the additional arrests directly relate
 5794  to the original arrest. If the court intends to order the
 5795  sealing of records pertaining to such additional arrests, such
 5796  intent must be specified in the order. A criminal justice agency
 5797  may not seal any record pertaining to such additional arrests if
 5798  the order to seal does not articulate the intention of the court
 5799  to seal records pertaining to more than one arrest. This section
 5800  does not prevent the court from ordering the sealing of only a
 5801  portion of a criminal history record pertaining to one arrest or
 5802  one incident of alleged criminal activity. Notwithstanding any
 5803  law to the contrary, a criminal justice agency may comply with
 5804  laws, court orders, and official requests of other jurisdictions
 5805  relating to sealing, correction, or confidential handling of
 5806  criminal history records or information derived therefrom. This
 5807  section does not confer any right to the sealing of any criminal
 5808  history record, and any request for sealing a criminal history
 5809  record may be denied at the sole discretion of the court.
 5810         (4) EFFECT OF CRIMINAL HISTORY RECORD SEALING.—A criminal
 5811  history record of a minor or an adult which is ordered sealed by
 5812  a court of competent jurisdiction pursuant to this section is
 5813  confidential and exempt from the provisions of s. 119.07(1) and
 5814  s. 24(a), Art. I of the State Constitution and is available only
 5815  to the person who is the subject of the record, to the subject’s
 5816  attorney, to criminal justice agencies for their respective
 5817  criminal justice purposes, which include conducting a criminal
 5818  history background check for approval of firearms purchases or
 5819  transfers as authorized by state or federal law, to judges in
 5820  the state courts system for the purpose of assisting them in
 5821  their case-related decisionmaking responsibilities, as set forth
 5822  in s. 943.053(5), or to those entities set forth in
 5823  subparagraphs (a)1., 4., 5., and 6. (a)1., 4., 5., 6., and 8.
 5824  for their respective licensing, access authorization, and
 5825  employment purposes.
 5826         (a) The subject of a criminal history record sealed under
 5827  this section or under other provisions of law, including former
 5828  s. 893.14, former s. 901.33, and former s. 943.058, may lawfully
 5829  deny or fail to acknowledge the arrests covered by the sealed
 5830  record, except when the subject of the record:
 5831         1. Is a candidate for employment with a criminal justice
 5832  agency;
 5833         2. Is a defendant in a criminal prosecution;
 5834         3. Concurrently or subsequently petitions for relief under
 5835  this section, s. 943.0583, or s. 943.0585;
 5836         4. Is a candidate for admission to The Florida Bar;
 5837         5. Is seeking to be employed or licensed by or to contract
 5838  with the Department of Children and Families, the Division of
 5839  Vocational Rehabilitation within the Department of Education,
 5840  the Agency for Health Care Administration, the Agency for
 5841  Persons with Disabilities, the Department of Health, the
 5842  Department of Elderly Affairs, or the Department of Juvenile
 5843  Justice or to be employed or used by such contractor or licensee
 5844  in a sensitive position having direct contact with children, the
 5845  disabled, or the elderly;
 5846         6. Is seeking to be employed or licensed by the Department
 5847  of Education, any district school board, any university
 5848  laboratory school, any charter school, any private or parochial
 5849  school, or any local governmental entity that licenses child
 5850  care facilities; or
 5851         7. Is attempting to purchase a firearm from a licensed
 5852  importer, licensed manufacturer, or licensed dealer and is
 5853  subject to a criminal history check under state or federal law.
 5854         (b) Subject to the exceptions in paragraph (a), a person
 5855  who has been granted a sealing under this section, former s.
 5856  893.14, former s. 901.33, or former s. 943.058 may not be held
 5857  under any provision of law of this state to commit perjury or to
 5858  be otherwise liable for giving a false statement by reason of
 5859  such person’s failure to recite or acknowledge a sealed criminal
 5860  history record.
 5861         (c) Information relating to the existence of a sealed
 5862  criminal record provided in accordance with the provisions of
 5863  paragraph (a) is confidential and exempt from the provisions of
 5864  s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
 5865  except that the department shall disclose the sealed criminal
 5866  history record to the entities set forth in subparagraphs (a)1.,
 5867  4., 5., and 6. (a)1., 4., 5., 6., and 8. for their respective
 5868  licensing, access authorization, and employment purposes. It is
 5869  unlawful for any employee of an entity set forth in subparagraph
 5870  (a)1., subparagraph (a)4., subparagraph (a)5., or subparagraph
 5871  (a)6., or subparagraph (a)8. to disclose information relating to
 5872  the existence of a sealed criminal history record of a person
 5873  seeking employment, access authorization, or licensure with such
 5874  entity or contractor, except to the person to whom the criminal
 5875  history record relates or to persons having direct
 5876  responsibility for employment, access authorization, or
 5877  licensure decisions. Any person who violates the provisions of
 5878  this paragraph commits a misdemeanor of the first degree,
 5879  punishable as provided in s. 775.082 or s. 775.083.
 5880         Reviser’s note.—Amended to conform to the repeal of subparagraph
 5881         (4)(a)8. by s. 26, ch. 2013-116, Laws of Florida.
 5882         Section 171. Subsection (5) of section 945.091, Florida
 5883  Statutes, is amended to read:
 5884         945.091 Extension of the limits of confinement; restitution
 5885  by employed inmates.—
 5886         (5) The provisions of this section shall not be deemed to
 5887  authorize any inmate who has been convicted of any murder,
 5888  manslaughter, sexual battery, robbery, arson, aggravated
 5889  assault, aggravated battery, kidnapping, escape, breaking and
 5890  entering with intent to commit a felony, or aircraft piracy, or
 5891  any attempt to commit the aforementioned crimes, to attend any
 5892  classes at any Florida College System institution state
 5893  community college or any university which is a part of the State
 5894  University System.
 5895         Reviser’s note.—Amended to conform a reference to a state
 5896         community college to changes in chs. 2008-52 and 2009-228,
 5897         Laws of Florida, transitioning references from community
 5898         colleges to Florida College System institutions.
 5899         Section 172. Subsection (11) of section 951.23, Florida
 5900  Statutes, is amended to read:
 5901         951.23 County and municipal detention facilities;
 5902  definitions; administration; standards and requirements.—
 5903         (11) GANG STATUS OF INMATES.—A county or municipal
 5904  detention facility may designate an individual to be responsible
 5905  for assessing whether each current inmate is a criminal gang
 5906  member or associate using the criteria in s. 874.03. The
 5907  individual should at least once biweekly transmit information on
 5908  inmates believed to be a criminal gang members member or
 5909  associates associate to the arresting law enforcement agency.
 5910         Reviser’s note.—Amended to provide clarity and facilitate
 5911         correct interpretation.
 5912         Section 173. Paragraph (a) of subsection (21) of section
 5913  1002.20, Florida Statutes, is amended to read:
 5914         1002.20 K-12 student and parent rights.—Parents of public
 5915  school students must receive accurate and timely information
 5916  regarding their child’s academic progress and must be informed
 5917  of ways they can help their child to succeed in school. K-12
 5918  students and their parents are afforded numerous statutory
 5919  rights including, but not limited to, the following:
 5920         (21) PARENTAL INPUT AND MEETINGS.—
 5921         (a) Meetings with school district personnel.—Parents of
 5922  public school students may be accompanied by another adult of
 5923  their choice at any meeting with school district personnel.
 5924  School district personnel may not object to the attendance of
 5925  such adult or discourage or attempt to discourage, through any
 5926  action, statement, or other means, parents from inviting another
 5927  person of their choice to attend any meeting. Such prohibited
 5928  actions include, but are not limited to, attempted or actual
 5929  coercion or harassment of parents or students or retaliation or
 5930  threats of consequences to parents or students.
 5931         1. Such meetings include, but not are not limited to,
 5932  meetings related to: the eligibility for exceptional student
 5933  education or related services; the development of an individual
 5934  family support plan (IFSP); the development of an individual
 5935  education plan (IEP); the development of a 504 accommodation
 5936  plan issued under s. 504 of the Rehabilitation Act of 1973; the
 5937  transition of a student from early intervention services to
 5938  other services; the development of postsecondary goals for a
 5939  student and the transition services needed to reach those goals;
 5940  and other issues that may affect a student’s educational
 5941  environment, discipline, or placement.
 5942         2. The parents and school district personnel attending the
 5943  meeting shall sign a document at the meeting’s conclusion which
 5944  states whether any school district personnel have prohibited,
 5945  discouraged, or attempted to discourage the parents from
 5946  inviting a person of their choice to the meeting.
 5947         Reviser’s note.—Amended to confirm the editorial deletion of the
 5948         word “not.”
 5949         Section 174. Paragraph (g) of subsection (4) of section
 5950  1002.34, Florida Statutes, is amended to read:
 5951         1002.34 Charter technical career centers.—
 5952         (4) CHARTER.—A sponsor may designate centers as provided in
 5953  this section. An application to establish a center may be
 5954  submitted by a sponsor or another organization that is
 5955  determined, by rule of the State Board of Education, to be
 5956  appropriate. However, an independent school is not eligible for
 5957  status as a center. The charter must be signed by the governing
 5958  body of the center and the sponsor and must be approved by the
 5959  district school board and Florida College System institution
 5960  board of trustees in whose geographic region the facility is
 5961  located. If a charter technical career center is established by
 5962  the conversion to charter status of a public technical center
 5963  formerly governed by a district school board, the charter status
 5964  of that center takes precedence in any question of governance.
 5965  The governance of the center or of any program within the center
 5966  remains with its board of directors unless the board agrees to a
 5967  change in governance or its charter is revoked as provided in
 5968  subsection (15). Such a conversion charter technical career
 5969  center is not affected by a change in the governance of public
 5970  technical centers or of programs within other centers that are
 5971  or have been governed by district school boards. A charter
 5972  technical career center, or any program within such a center,
 5973  that was governed by a district school board and transferred to
 5974  a Florida College System institution prior to the effective date
 5975  of this act is not affected by this provision. An applicant who
 5976  wishes to establish a center must submit to the district school
 5977  board or Florida College System institution board of trustees,
 5978  or a consortium of one or more of each, an application on a form
 5979  developed by the Department of Education which includes:
 5980         (g) A method for determining whether a student has
 5981  satisfied the requirements for graduation specified in s.
 5982  1003.428 or s. 1003.429 and for completion of a postsecondary
 5983  certificate or degree.
 5984  
 5985  Students at a center must meet the same testing and academic
 5986  performance standards as those established by law and rule for
 5987  students at public schools and public technical centers. The
 5988  students must also meet any additional assessment indicators
 5989  that are included within the charter approved by the district
 5990  school board or Florida College System institution board of
 5991  trustees.
 5992         Reviser’s note.—Amended to conform to the repeal of s. 1003.429
 5993         by s. 20, ch. 2013-27, Laws of Florida.
 5994         Section 175. Subsection (5) of section 1002.41, Florida
 5995  Statutes, is amended to read:
 5996         1002.41 Home education programs.—
 5997         (5) Home education students may participate in the Bright
 5998  Futures Scholarship Program in accordance with the provisions of
 5999  ss. 1009.53-1009.538 1009.53-1009.539.
 6000         Reviser’s note.—Amended to conform to the repeal of s. 1009.539
 6001         by s. 1, ch. 2003-89, Laws of Florida.
 6002         Section 176. Paragraph (e) of subsection (1) of section
 6003  1002.45, Florida Statutes, is amended to read:
 6004         1002.45 Virtual instruction programs.—
 6005         (1) PROGRAM.—
 6006         (e) Each school district shall:
 6007         1. Provide to the department by October 1, 2011, and by
 6008  each October 1 thereafter, a copy of each contract and the
 6009  amounts paid per unweighted full-time equivalent student for
 6010  services procured pursuant to subparagraphs (c)1. and 2.
 6011         2. Expend the difference in funds provided for a student
 6012  participating in the school district virtual instruction program
 6013  pursuant to subsection (7) and the price paid for contracted
 6014  services procured pursuant to subparagraphs (c)1. and 2. for the
 6015  district’s local instructional improvement system pursuant to s.
 6016  1006.281 or other technological tools that are required to
 6017  access electronic and digital instructional materials.
 6018         3. At the end of each fiscal year, but no later than
 6019  September 1, report to the department an itemized list of the
 6020  technological tools purchased with these funds.
 6021         Reviser’s note.—Amended to delete an obsolete provision.
 6022         Section 177. Subsection (12) of section 1002.83, Florida
 6023  Statutes, is amended to read:
 6024         1002.83 Early learning coalitions.—
 6025         (12) State, federal, and local matching funds provided to
 6026  the early learning coalitions may not be used directly or
 6027  indirectly to pay for meals, food, or beverages for coalition
 6028  members, coalition employees, or for subcontractor employees.
 6029  Preapproved, reasonable, and necessary per diem allowances and
 6030  travel expenses may be reimbursed. Such reimbursement shall be
 6031  at the standard travel reimbursement rates established in s.
 6032  112.061 and must comply with applicable federal and state
 6033  requirements.
 6034         Reviser’s note.—Amended to confirm the editorial deletion of the
 6035         word “for” to improve clarity.
 6036         Section 178. Subsection (20) of section 1002.84, Florida
 6037  Statutes, is amended to read:
 6038         1002.84 Early learning coalitions; school readiness powers
 6039  and duties.—Each early learning coalition shall:
 6040         (20) To increase transparency and accountability, comply
 6041  with the requirements of this section before contracting with a
 6042  member of the coalition or a relative, as defined in s.
 6043  112.3143(1)(c) 112.3143(1)(b), of a coalition member or of an
 6044  employee of the coalition. Such contracts may not be executed
 6045  without the approval of the office. Such contracts, as well as
 6046  documentation demonstrating adherence to this section by the
 6047  coalition, must be approved by a two-thirds vote of the
 6048  coalition, a quorum having been established; all conflicts of
 6049  interest must be disclosed before the vote; and any member who
 6050  may benefit from the contract, or whose relative may benefit
 6051  from the contract, must abstain from the vote. A contract under
 6052  $25,000 between an early learning coalition and a member of that
 6053  coalition or between a relative, as defined in s. 112.3143(1)(c)
 6054  112.3143(1)(b), of a coalition member or of an employee of the
 6055  coalition is not required to have the prior approval of the
 6056  office but must be approved by a two-thirds vote of the
 6057  coalition, a quorum having been established, and must be
 6058  reported to the office within 30 days after approval. If a
 6059  contract cannot be approved by the office, a review of the
 6060  decision to disapprove the contract may be requested by the
 6061  early learning coalition or other parties to the disapproved
 6062  contract.
 6063         Reviser’s note.—Amended to conform to the redesignation of s.
 6064         112.3143(1)(b) as s. 112.3143(1)(c) by s. 6, ch. 2013-36,
 6065         Laws of Florida.
 6066         Section 179. Subsection (7) of section 1002.89, Florida
 6067  Statutes, is amended to read:
 6068         1002.89 School readiness program; funding.—
 6069         (7) Funds appropriated for the school readiness program may
 6070  not be expended for the purchase or improvement of land; for the
 6071  purchase, construction, or permanent improvement of any building
 6072  or facility; or for the purchase of buses. However, funds may be
 6073  expended for minor remodeling and upgrading of child care
 6074  facilities to ensure that providers meet state and local child
 6075  care standards, including applicable health and safety
 6076  requirements.
 6077         Reviser’s note.—Amended to confirm the editorial insertion of
 6078         the word “of” to improve clarity.
 6079         Section 180. Subsection (1) of section 1003.49, Florida
 6080  Statutes, is amended to read:
 6081         1003.49 Graduation and promotion requirements for publicly
 6082  operated schools.—
 6083         (1) Each state or local public agency, including the
 6084  Department of Children and Family Services, the Department of
 6085  Corrections, the boards of trustees of universities and Florida
 6086  College System institutions, and the Board of Trustees of the
 6087  Florida School for the Deaf and the Blind, which agency is
 6088  authorized to operate educational programs for students at any
 6089  level of grades kindergarten through 12 shall be subject to all
 6090  applicable requirements of ss. 1003.428, 1003.429, 1008.23, and
 6091  1008.25. Within the content of these cited statutes each such
 6092  state or local public agency or entity shall be considered a
 6093  “district school board.”
 6094         Reviser’s note.—Amended to conform to the repeal of s. 1003.429
 6095         by s. 20, ch. 2013-27, Laws of Florida.
 6096         Section 181. Paragraph (a) of subsection (12) of section
 6097  1003.52, Florida Statutes, is amended to read:
 6098         1003.52 Educational services in Department of Juvenile
 6099  Justice programs.—
 6100         (12)(a) Funding for eligible students enrolled in juvenile
 6101  justice education programs shall be provided through the Florida
 6102  Education Finance Program as provided in s. 1011.62 and the
 6103  General Appropriations Act. Funding shall include, at a minimum:
 6104         1. Weighted program funding or the basic amount for current
 6105  operation multiplied by the district cost differential as
 6106  provided in s. 1011.62(1)(t) 1011.62(1)(s) and (2);
 6107         2. The supplemental allocation for juvenile justice
 6108  education as provided in s. 1011.62(10);
 6109         3. A proportionate share of the district’s exceptional
 6110  student education guaranteed allocation, the supplemental
 6111  academic instruction allocation, and the instructional materials
 6112  allocation;
 6113         4. An amount equivalent to the proportionate share of the
 6114  state average potential discretionary local effort for
 6115  operations, which shall be determined as follows:
 6116         a. If the district levies the maximum discretionary local
 6117  effort and the district’s discretionary local effort per FTE is
 6118  less than the state average potential discretionary local effort
 6119  per FTE, the proportionate share shall include both the
 6120  discretionary local effort and the compression supplement per
 6121  FTE. If the district’s discretionary local effort per FTE is
 6122  greater than the state average per FTE, the proportionate share
 6123  shall be equal to the state average; or
 6124         b. If the district does not levy the maximum discretionary
 6125  local effort and the district’s actual discretionary local
 6126  effort per FTE is less than the state average potential
 6127  discretionary local effort per FTE, the proportionate share
 6128  shall be equal to the district’s actual discretionary local
 6129  effort per FTE. If the district’s actual discretionary local
 6130  effort per FTE is greater than the state average per FTE, the
 6131  proportionate share shall be equal to the state average
 6132  potential local effort per FTE; and
 6133         5. A proportionate share of the district’s proration to
 6134  funds available, if necessary.
 6135         Reviser’s note.—Amended to conform to the redesignation of s.
 6136         1011.62(1)(s) as s. 1011.62(1)(t) by s. 39, ch. 2013-27,
 6137         Laws of Florida.
 6138         Section 182. Paragraph (a) of subsection (3) of section
 6139  1006.15, Florida Statutes, is amended to read:
 6140         1006.15 Student standards for participation in
 6141  interscholastic and intrascholastic extracurricular student
 6142  activities; regulation.—
 6143         (3)(a) To be eligible to participate in interscholastic
 6144  extracurricular student activities, a student must:
 6145         1. Maintain a grade point average of 2.0 or above on a 4.0
 6146  scale, or its equivalent, in the previous semester or a
 6147  cumulative grade point average of 2.0 or above on a 4.0 scale,
 6148  or its equivalent, in the courses required by s. 1003.428 or s.
 6149  1003.429.
 6150         2. Execute and fulfill the requirements of an academic
 6151  performance contract between the student, the district school
 6152  board, the appropriate governing association, and the student’s
 6153  parents, if the student’s cumulative grade point average falls
 6154  below 2.0, or its equivalent, on a 4.0 scale in the courses
 6155  required by s. 1003.428 or s. 1003.429. At a minimum, the
 6156  contract must require that the student attend summer school, or
 6157  its graded equivalent, between grades 9 and 10 or grades 10 and
 6158  11, as necessary.
 6159         3. Have a cumulative grade point average of 2.0 or above on
 6160  a 4.0 scale, or its equivalent, in the courses required by s.
 6161  1003.428 or s. 1003.429 during his or her junior or senior year.
 6162         4. Maintain satisfactory conduct, including adherence to
 6163  appropriate dress and other codes of student conduct policies
 6164  described in s. 1006.07(2). If a student is convicted of, or is
 6165  found to have committed, a felony or a delinquent act that would
 6166  have been a felony if committed by an adult, regardless of
 6167  whether adjudication is withheld, the student’s participation in
 6168  interscholastic extracurricular activities is contingent upon
 6169  established and published district school board policy.
 6170         Reviser’s note.—Amended to conform to the repeal of s. 1003.429
 6171         by s. 20, ch. 2013-27, Laws of Florida.
 6172         Section 183. Subsections (4) and (5) of section 1006.282,
 6173  Florida Statutes, are amended to read:
 6174         1006.282 Pilot program for the transition to electronic and
 6175  digital instructional materials.—
 6176         (4) By August 1 of each year, beginning in 2011, the school
 6177  board must report to the Department of Education the school or
 6178  schools in its district which have been designated as pilot
 6179  program schools. The department shall publish the list of pilot
 6180  program schools on the department’s Internet website. The report
 6181  must include:
 6182         (a) The name of the pilot program school, the contact
 6183  person and contact person information, and the grade or grades
 6184  and associated course or courses included in the pilot program
 6185  school.
 6186         (b) A description of the type of technological tool or
 6187  tools that will be used to access the electronic or digital
 6188  instructional materials included in the pilot program school,
 6189  whether district-owned or student-owned.
 6190         (c) The projected costs and funding sources, which must
 6191  include cost savings or cost avoidances, associated with the
 6192  pilot program.
 6193         (5) By September 1 of each year, beginning in 2012, each
 6194  school board that has a designated pilot program school shall
 6195  provide to the Department of Education, the Executive Office of
 6196  the Governor, and the chairs of the appropriations committees of
 6197  the Senate and the House of Representatives a review of the
 6198  pilot program schools which must include, but need not be
 6199  limited to:
 6200         (a) Successful practices;
 6201         (b) The average amount of online Internet time needed by a
 6202  student to access and use the school’s electronic or digital
 6203  instructional materials;
 6204         (c) Lessons learned;
 6205         (d) The level of investment and cost-effectiveness; and
 6206         (e) Impacts on student performance.
 6207         Reviser’s note.—Amended to delete obsolete provisions.
 6208         Section 184. Paragraph (b) of subsection (5) of section
 6209  1006.73, Florida Statutes, is amended to read:
 6210         1006.73 Florida Virtual Campus.—
 6211         (5) The Florida Virtual Campus shall:
 6212         (b) Develop and manage a statewide Internet-based catalog
 6213  of distance learning courses, degree programs, and resources
 6214  offered by public postsecondary education institutions which is
 6215  intended to assist in the coordination and collaboration of
 6216  articulation and access pursuant to parts II and III of chapter
 6217  1007. The campus shall establish operational guidelines and
 6218  procedures for the catalog which must:
 6219         1. Require participating institutions to provide
 6220  information concerning the distance learning course or degree
 6221  program to include course number and classification of
 6222  instructional programs number and information on the
 6223  availability of the course or degree program; the type of
 6224  required technology; any prerequisite course or technology
 6225  competency or skill; the availability of academic support
 6226  services and financial aid resources; and course costs, fees,
 6227  and payment policies.
 6228         2. Require that distance learning courses and degree
 6229  programs meet applicable accreditation standards and criteria.
 6230         3. Require that, at a minimum, the catalog is reviewed at
 6231  the start of each academic semester to ensure that distance
 6232  learning courses and degree programs comply with all operational
 6233  guidelines and procedures.
 6234         4. Define and describe the catalog’s search and retrieval
 6235  options that, at a minimum, will allow users to search by
 6236  academic term or course start date; institution, multiple
 6237  institutions, or all institutions; and course or program
 6238  delivery method, course type, course availability, subject or
 6239  discipline, and course number or classification of instructional
 6240  programs number.
 6241         5. Use an Internet-based analytic tool that allows for the
 6242  collection and analysis of data, including, but not limited to:
 6243         a. The number and type of students who use the catalog to
 6244  search for distance learning courses and degree programs.
 6245         b. The number and type of requests for information on
 6246  distance learning courses and degree programs that are not
 6247  listed in the catalog.
 6248         c. A summary of specific requests by course type or course
 6249  number, delivery method, offering institution, and semester.
 6250         6. Periodically obtain and analyze data from the Florida
 6251  College System and the State University System concerning:
 6252         a. Costs of distance learning courses and degree programs.
 6253         b. Completion, graduation, and retention rates of students
 6254  enrolled in distance learning courses course and degree
 6255  programs.
 6256         c. Distance learning course completion.
 6257         Reviser’s note.—Amended to confirm the editorial substitution of
 6258         the word “courses” for the word “course” to improve
 6259         clarity.
 6260         Section 185. Subsection (2) of section 1008.44, Florida
 6261  Statutes, is amended to read:
 6262         1008.44 Industry certifications; Industry Certification
 6263  Funding List and Postsecondary Industry Certification Funding
 6264  List.—
 6265         (2) The State Board of Education shall approve, at least
 6266  annually, the Postsecondary Industry Certification Funding List
 6267  pursuant to this section. The commissioner shall recommend, at
 6268  least annually, the Postsecondary Industry Certification Funding
 6269  List to the State Board of Education and may at any time
 6270  recommend adding certifications. The Chancellor of the State
 6271  University System, the Chancellor of the Florida College System,
 6272  and the Chancellor of Career and Adult Education shall work with
 6273  local workforce boards, other postsecondary institutions,
 6274  businesses, and industry to identify, create, and recommend to
 6275  the commissioner industry certifications to be placed on the
 6276  funding list. The list shall be used to determine annual
 6277  performance funding distributions to school districts or Florida
 6278  College System institutions as specified in ss. 1011.80 and
 6279  1011.81, respectively. The chancellors shall review results of
 6280  the economic security report of employment and earning outcomes
 6281  produced annually pursuant to s. 445.07 445.007 when determining
 6282  recommended certifications for the list, as well as other
 6283  reports and indicators available regarding certification needs.
 6284         Reviser’s note.—Amended to correct a reference to conform to
 6285         context. Section 445.07 relates to the economic security
 6286         report of employment and earning outcomes. Section 445.007
 6287         relates to regional workforce boards.
 6288         Section 186. Subsection (3) of section 1009.22, Florida
 6289  Statutes, is reenacted and amended to read:
 6290         1009.22 Workforce education postsecondary student fees.—
 6291         (3)(a) Except as otherwise provided by law, fees for
 6292  students who are nonresidents for tuition purposes must offset
 6293  the full cost of instruction. Residency of students shall be
 6294  determined as required in s. 1009.21. Fee-nonexempt students
 6295  enrolled in applied academics for adult education instruction
 6296  shall be charged fees equal to the fees charged for adult
 6297  general education programs. Each Florida College System
 6298  institution that conducts developmental education and applied
 6299  academics for adult education instruction in the same class
 6300  section may charge a single fee for both types of instruction.
 6301         (b) Fees for continuing workforce education shall be
 6302  locally determined by the district school board or Florida
 6303  College System institution board. Expenditures for the
 6304  continuing workforce education program provided by the Florida
 6305  College System institution or school district must be fully
 6306  supported by fees. Enrollments in continuing workforce education
 6307  courses may not be counted for purposes of funding full-time
 6308  equivalent enrollment.
 6309         (c) Effective July 1, 2011, For programs leading to a
 6310  career certificate or an applied technology diploma, the
 6311  standard tuition shall be $2.22 per contact hour for residents
 6312  and nonresidents and the out-of-state fee shall be $6.66 per
 6313  contact hour. For adult general education programs, a block
 6314  tuition of $45 per half year or $30 per term shall be assessed
 6315  for residents and nonresidents, and the out-of-state fee shall
 6316  be $135 per half year or $90 per term. Each district school
 6317  board and Florida College System institution board of trustees
 6318  shall adopt policies and procedures for the collection of and
 6319  accounting for the expenditure of the block tuition. All funds
 6320  received from the block tuition shall be used only for adult
 6321  general education programs. Students enrolled in adult general
 6322  education programs may not be assessed the fees authorized in
 6323  subsection (5), subsection (6), or subsection (7).
 6324         (d) Beginning with the 2008-2009 fiscal year and each year
 6325  thereafter, The tuition and the out-of-state fee per contact
 6326  hour shall increase at the beginning of each fall semester at a
 6327  rate equal to inflation, unless otherwise provided in the
 6328  General Appropriations Act. The Office of Economic and
 6329  Demographic Research shall report the rate of inflation to the
 6330  President of the Senate, the Speaker of the House of
 6331  Representatives, the Governor, and the State Board of Education
 6332  each year prior to March 1. For purposes of this paragraph, the
 6333  rate of inflation shall be defined as the rate of the 12-month
 6334  percentage change in the Consumer Price Index for All Urban
 6335  Consumers, U.S. City Average, All Items, or successor reports as
 6336  reported by the United States Department of Labor, Bureau of
 6337  Labor Statistics, or its successor for December of the previous
 6338  year. In the event the percentage change is negative, the
 6339  tuition and out-of-state fee shall remain at the same level as
 6340  the prior fiscal year.
 6341         (e) Each district school board and each Florida College
 6342  System institution board of trustees may adopt tuition and out
 6343  of-state fees that may vary no more than 5 percent below and 5
 6344  percent above the combined total of the standard tuition and
 6345  out-of-state fees established in paragraph (c).
 6346         (f) The maximum increase in resident tuition for any school
 6347  district or Florida College System institution during the 2007
 6348  2008 fiscal year shall be 5 percent over the tuition charged
 6349  during the 2006-2007 fiscal year.
 6350         (f)(g) The State Board of Education may adopt, by rule, the
 6351  definitions and procedures that district school boards and
 6352  Florida College System institution boards of trustees shall use
 6353  in the calculation of cost borne by students.
 6354         Reviser’s note.—Section 54, ch. 2013-27, Laws of Florida,
 6355         purported to amend subsection (3) but did not publish
 6356         paragraphs (b)-(g). Absent affirmative evidence of
 6357         legislative intent to repeal paragraphs (b)-(g), subsection
 6358         (3) is reenacted to confirm that the omission was not
 6359         intended. Paragraphs (c), (d), and (f) are amended to
 6360         delete obsolete provisions.
 6361         Section 187. Subsection (1) of section 1011.61, Florida
 6362  Statutes, is amended to read:
 6363         1011.61 Definitions.—Notwithstanding the provisions of s.
 6364  1000.21, the following terms are defined as follows for the
 6365  purposes of the Florida Education Finance Program:
 6366         (1) A “full-time equivalent student” in each program of the
 6367  district is defined in terms of full-time students and part-time
 6368  students as follows:
 6369         (a) A “full-time student” is one student on the membership
 6370  roll of one school program or a combination of school programs
 6371  listed in s. 1011.62(1)(c) for the school year or the equivalent
 6372  for:
 6373         1. Instruction in a standard school, comprising not less
 6374  than 900 net hours for a student in or at the grade level of 4
 6375  through 12, or not less than 720 net hours for a student in or
 6376  at the grade level of kindergarten through grade 3 or in an
 6377  authorized prekindergarten exceptional program;
 6378         2. Instruction in a double-session school or a school
 6379  utilizing an experimental school calendar approved by the
 6380  Department of Education, comprising not less than the equivalent
 6381  of 810 net hours in grades 4 through 12 or not less than 630 net
 6382  hours in kindergarten through grade 3; or
 6383         3. Instruction comprising the appropriate number of net
 6384  hours set forth in subparagraph 1. or subparagraph 2. for
 6385  students who, within the past year, have moved with their
 6386  parents for the purpose of engaging in the farm labor or fish
 6387  industries, if a plan furnishing such an extended school day or
 6388  week, or a combination thereof, has been approved by the
 6389  commissioner. Such plan may be approved to accommodate the needs
 6390  of migrant students only or may serve all students in schools
 6391  having a high percentage of migrant students. The plan described
 6392  in this subparagraph is optional for any school district and is
 6393  not mandated by the state.
 6394         (b) A “part-time student” is a student on the active
 6395  membership roll of a school program or combination of school
 6396  programs listed in s. 1011.62(1)(c) who is less than a full-time
 6397  student.
 6398         (c)1. A “full-time equivalent student” is:
 6399         a. A full-time student in any one of the programs listed in
 6400  s. 1011.62(1)(c); or
 6401         b. A combination of full-time or part-time students in any
 6402  one of the programs listed in s. 1011.62(1)(c) which is the
 6403  equivalent of one full-time student based on the following
 6404  calculations:
 6405         (I) A full-time student in a combination of programs listed
 6406  in s. 1011.62(1)(c) shall be a fraction of a full-time
 6407  equivalent membership in each special program equal to the
 6408  number of net hours per school year for which he or she is a
 6409  member, divided by the appropriate number of hours set forth in
 6410  subparagraph (a)1. or subparagraph (a)2. The difference between
 6411  that fraction or sum of fractions and the maximum value as set
 6412  forth in subsection (4) for each full-time student is presumed
 6413  to be the balance of the student’s time not spent in a special
 6414  program and shall be recorded as time in the appropriate basic
 6415  program.
 6416         (II) A prekindergarten student with a disability shall meet
 6417  the requirements specified for kindergarten students.
 6418         (III) A full-time equivalent student for students in
 6419  kindergarten through grade 12 in a full-time virtual instruction
 6420  program under s. 1002.45 or a virtual charter school under s.
 6421  1002.33 shall consist of six full-credit completions or the
 6422  prescribed level of content that counts toward promotion to the
 6423  next grade in programs listed in s. 1011.62(1)(c). Credit
 6424  completions may be a combination of full-credit courses or half
 6425  credit courses. Beginning in the 2016-2017 fiscal year, the
 6426  reported full-time equivalent students and associated funding of
 6427  students enrolled in courses requiring passage of an end-of
 6428  course assessment under s. 1003.4282 to earn a standard high
 6429  school diploma shall be adjusted if the student does not pass
 6430  the end-of-course assessment. However, no adjustment shall be
 6431  made for a student who enrolls in a segmented remedial course
 6432  delivered online.
 6433         (IV) A full-time equivalent student for students in
 6434  kindergarten through grade 12 in a part-time virtual instruction
 6435  program under s. 1002.45 shall consist of six full-credit
 6436  completions in programs listed in s. 1011.62(1)(c)1. and 3.
 6437  Credit completions may be a combination of full-credit courses
 6438  or half-credit courses. Beginning in the 2016-2017 fiscal year,
 6439  the reported full-time equivalent students and associated
 6440  funding of students enrolled in courses requiring passage of an
 6441  end-of-course assessment under s. 1003.4282 to earn a standard
 6442  high school diploma shall be adjusted if the student does not
 6443  pass the end-of-course assessment. However, no adjustment shall
 6444  be made for a student who enrolls in a segmented remedial course
 6445  delivered online.
 6446         (V) A Florida Virtual School full-time equivalent student
 6447  shall consist of six full-credit completions or the prescribed
 6448  level of content that counts toward promotion to the next grade
 6449  in the programs listed in s. 1011.62(1)(c)1. and 3. for students
 6450  participating in kindergarten through grade 12 part-time virtual
 6451  instruction and the programs listed in s. 1011.62(1)(c) for
 6452  students participating in kindergarten through grade 12 full
 6453  time virtual instruction. Credit completions may be a
 6454  combination of full-credit courses or half-credit courses.
 6455  Beginning in the 2016-2017 fiscal year, the reported full-time
 6456  equivalent students and associated funding of students enrolled
 6457  in courses requiring passage of an end-of-course assessment
 6458  under s. 1003.4282 to earn a standard high school diploma shall
 6459  be adjusted if the student does not pass the end-of-course
 6460  assessment. However, no adjustment shall be made for a student
 6461  who enrolls in a segmented remedial course delivered online.
 6462         (VI) Each successfully completed full-credit course earned
 6463  through an online course delivered by a district other than the
 6464  one in which the student resides shall be calculated as 1/6 FTE.
 6465         (VII) A full-time equivalent student for courses requiring
 6466  passage of a statewide, standardized end-of-course assessment
 6467  under s. 1003.4282 to earn a standard high school diploma shall
 6468  be defined and reported based on the number of instructional
 6469  hours as provided in this subsection until the 2016-2017 fiscal
 6470  year. Beginning in the 2016-2017 fiscal year, the FTE for the
 6471  course shall be assessment-based and shall be equal to 1/6 FTE.
 6472  The reported FTE shall be adjusted if the student does not pass
 6473  the end-of-course assessment. However, no adjustment shall be
 6474  made for a student who enrolls in a segmented remedial course
 6475  delivered online.
 6476         (VIII) For students enrolled in a school district as a
 6477  full-time student, the district may report 1/6 FTE for each
 6478  student who passes a statewide, standardized end-of-course
 6479  assessment without being enrolled in the corresponding course.
 6480         2. A student in membership in a program scheduled for more
 6481  or less than 180 school days or the equivalent on an hourly
 6482  basis as specified by rules of the State Board of Education is a
 6483  fraction of a full-time equivalent membership equal to the
 6484  number of instructional hours in membership divided by the
 6485  appropriate number of hours set forth in subparagraph (a)1.;
 6486  however, for the purposes of this subparagraph, membership in
 6487  programs scheduled for more than 180 days is limited to students
 6488  enrolled in:
 6489         a. Juvenile justice education programs.
 6490         b. The Florida Virtual School.
 6491         c. Virtual instruction programs and virtual charter schools
 6492  for the purpose of course completion and credit recovery
 6493  pursuant to ss. 1002.45 and 1003.498. Course completion applies
 6494  only to a student who is reported during the second or third
 6495  membership surveys and who does not complete a virtual education
 6496  course by the end of the regular school year. The course must be
 6497  completed no later than the deadline for amending the final
 6498  student enrollment survey for that year. Credit recovery applies
 6499  only to a student who has unsuccessfully completed a traditional
 6500  or virtual education course during the regular school year and
 6501  must re-take the course in order to be eligible to graduate with
 6502  the student’s class.
 6503         3. The department shall determine and implement an
 6504  equitable method of equivalent funding for experimental schools
 6505  and for schools operating under emergency conditions, which
 6506  schools have been approved by the department to operate for less
 6507  than the minimum school day.
 6508  
 6509  The full-time equivalent student enrollment calculated under
 6510  this subsection is subject to the requirements in subsection
 6511  (4).
 6512  
 6513  The department shall determine and implement an equitable method
 6514  of equivalent funding for experimental schools and for schools
 6515  operating under emergency conditions, which schools have been
 6516  approved by the department to operate for less than the minimum
 6517  school day.
 6518         Reviser’s note.—Amended to correct an editorial error. The flush
 6519         left language at the end of subsection (1) was redesignated
 6520         as subparagraph (1)(c)3. by s. 18, ch. 2013-45, Laws of
 6521         Florida, and it appeared there in the 2013 edition of the
 6522         Florida Statutes but was erroneously repeated at the end of
 6523         the subsection.
 6524         Section 188. Subsection (10) of section 1011.80, Florida
 6525  Statutes, is amended to read:
 6526         1011.80 Funds for operation of workforce education
 6527  programs.—
 6528         (10) A high school student dually enrolled under s.
 6529  1007.271 in a workforce education program operated by a Florida
 6530  College System institution or school district career center
 6531  generates the amount calculated for workforce education funding,
 6532  including any payment of performance funding, and the
 6533  proportional share of full-time equivalent enrollment generated
 6534  through the Florida Education Finance Program for the student’s
 6535  enrollment in a high school. If a high school student is dually
 6536  enrolled in a Florida College System institution program,
 6537  including a program conducted at a high school, the Florida
 6538  College System institution earns the funds generated for
 6539  workforce education funding, and the school district earns the
 6540  proportional share of full-time equivalent funding from the
 6541  Florida Education Finance Program. If a student is dually
 6542  enrolled in a career center operated by the same district as the
 6543  district in which the student attends high school, that district
 6544  earns the funds generated for workforce education funding and
 6545  also earns the proportional share of full-time equivalent
 6546  funding from the Florida Education Finance Program. If a student
 6547  is dually enrolled in a workforce education program provided by
 6548  a career center operated by a different school district, the
 6549  funds must be divided between the two school districts
 6550  proportionally from the two funding sources. A student may not
 6551  be reported for funding in a dual enrollment workforce education
 6552  program unless the student has completed the basic skills
 6553  assessment pursuant to s. 1004.91. A student who is coenrolled
 6554  in a K-12 education program and an adult education program may
 6555  be reported for purposes of funding in an adult education
 6556  program. If a student is coenrolled in core curricula courses
 6557  for credit recovery or dropout prevention purposes and does not
 6558  have a pattern of excessive absenteeism or habitual truancy or a
 6559  history of disruptive behavior in school, the student may be
 6560  reported for funding for up to two courses per year. Such a
 6561  student is exempt from the payment of the block tuition for
 6562  adult general education programs provided in s. 1009.22(3)(c)
 6563  1009.22(3)(d). The Department of Education shall develop a list
 6564  of courses to be designated as core curricula courses for the
 6565  purposes of coenrollment.
 6566         Reviser’s note.—Amended to correct a reference to conform to
 6567         context. An amendment by s. 58, ch. 2013-27, Laws of
 6568         Florida, added the reference to s. 1009.22(3)(d); material
 6569         concerning payment of block tuition for adult general
 6570         education programs is in s. 1009.22(3)(c).
 6571         Section 189. Subsection (8) of section 1013.12, Florida
 6572  Statutes, is amended to read:
 6573         1013.12 Casualty, safety, sanitation, and firesafety
 6574  standards and inspection of property.—
 6575         (8) ADDITIONAL STANDARDS.—In addition to any other rules
 6576  adopted under this section or s. 633.206 633.022, the State Fire
 6577  Marshal in consultation with the Department of Education shall
 6578  adopt and administer rules prescribing the following standards
 6579  for the safety and health of occupants of educational and
 6580  ancillary plants:
 6581         (a) The designation of serious life-safety hazards,
 6582  including, but not limited to, nonfunctional fire alarm systems,
 6583  nonfunctional fire sprinkler systems, doors with padlocks or
 6584  other locks or devices that preclude egress at any time,
 6585  inadequate exits, hazardous electrical system conditions,
 6586  potential structural failure, and storage conditions that create
 6587  a fire hazard.
 6588         (b) The proper placement of functional smoke and heat
 6589  detectors and accessible, unexpired fire extinguishers.
 6590         (c) The maintenance of fire doors without doorstops or
 6591  wedges improperly holding them open.
 6592         Reviser’s note.—Amended to conform to the transfer of s. 633.022
 6593         to s. 633.206 by s. 23, ch. 2013-183, Laws of Florida.
 6594         Section 190. This act shall take effect on the 60th day
 6595  after adjournment sine die of the session of the Legislature in
 6596  which enacted.