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Establishes a new effective date for Committee Substitute for HB 569, an act relating to solid waste disposal, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to solid waste disposal, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. 8 Be It Resolved by the Legislature of the State of Florida: 10 Pursuant to Section of Article III of the State Constitution, Committee Substitute for House Bill 569, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Solid Waste Disposal/H 569 New Effective Date
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Establishes a new effective date for Specific Appropriation 185 of chapter 2010-152, Laws of Florida, an act making appropriations, which act was passed by both houses of the Legislature during the 2010 Regular Session and thereafter Specific Appropriation 185 (SPECIAL CATEGORIES, GRANTS AND AIDS - SHANDS TEACHING HOSPITAL, FROM GENERAL REVENUE FUND) of that act and the proviso to that appropriation were vetoed by the Governor. APPROPRIATION:
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an act making appropriations, which act was passed by both houses of the Legislature during the 2010 Regular Session and thereafter Specific Appropriation (SPECIAL CATEGORIES, GRANTS AND AIDS-SHANDS TEACHING HOSPITAL, FROM GENERAL REVENUE FUND) of that act and the proviso to that appropriation were vetoed by the Governor. 11 Be It Resolved by the Legislature of the State of Florida: 13 Pursuant to Section of Article III of the State Constitution, Specific Appropriation of chapter 2010-152, Laws of Florida, including the proviso to that appropriation, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Appropriations/Shands Teaching Hospital
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Establishes a new effective date for Specific Appropriation 185 of chapter 2010-152, Laws of Florida, an act making appropriations, which act was passed by both houses of the Legislature during the 2010 Regular Session and thereafter Specific Appropriation 185 (SPECIAL CATEGORIES, GRANTS AND AIDS - SHANDS TEACHING HOSPITAL, FROM GENERAL REVENUE FUND) of that act and the proviso to that appropriation were vetoed by the Governor. APPROPRIATION:
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an act making appropriations, which act was passed by both houses of the Legislature during the 2010 Regular Session and thereafter Specific Appropriation (SPECIAL CATEGORIES, GRANTS AND AIDS SHANDS TEACHING HOSPITAL, FROM GENERAL REVENUE FUND) of that act and the proviso to that appropriation were vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, Specific Appropriation of chapter 2010-152, Laws of Florida, including the proviso to that appropriation, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Appropriations/Shands Teaching Hospital
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Establishes a new effective date for Council Substitute for Committee Substitute for HB 1385, an act relating to petroleum contamination site cleanup, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to petroleum contamination site cleanup, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. 9 Be It Resolved by the Legislature of the State of Florida: 11 Pursuant to Section of Article III of the State Constitution, Council Substitute for Committee Substitute for House Bill 1385, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Petroleum Contamination Site Cleanup/H 1385
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Delays the implementation date of provisions requiring the Department of Health to administer an onsite sewage treatment and disposal system evaluation program.
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An act relating to public health; amending s. 381.0065, F.S.; delaying the implementation date of provisions requiring the Department of Health to administer an onsite sewage treatment and disposal system evaluation program; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (5) of section 381.0065, Florida Statutes, is amended to read: 381.0065 Onsite sewage treatment and disposal systems; regulation. (5) EVALUATION AND ASSESSMENT. (a) Beginning July January 1, 2011, the department shall administer an onsite sewage treatment and disposal system evaluation program for the purpose of assessing the fundamental operational condition of systems and identifying any failures within the systems. The department shall adopt rules implementing the program standards, procedures, and requirements, including, but not limited to, a schedule for a year evaluation cycle, requirements for the pump-out of a system or repair of a failing system, enforcement procedures for failure of a system owner to obtain an evaluation of the system, and failure of a contractor to timely submit evaluation results to the department and the system owner. The department shall ensure statewide implementation of the evaluation and assessment program by January 1, 2016. Section 2. This act shall take effect upon becoming a law.
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Public Health
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Establishes a new effective date for Committee Substitute for House Bill 569, an act relating to solid waste disposal, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to solid waste disposal, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, Committee Substitute for House Bill 569, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Solid Waste Disposal/H 569 New Effective Date
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Establishes a new effective date for Committee Substitute for Committee Substitute for Senate Bill 1516, an act relating to state-owned lands, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to state-owned lands, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, Committee Substitute for Committee Substitute for Senate Bill 1516, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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State-owned Lands/S 1516 New Effective Date
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Authorizes the Florida Energy and Climate Commission to pay certain rebates pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program. Authorizes the Florida Energy and Climate Commission to pay certain rebates pursuant to the Solar Energy System Incentives Program. Provides appropriations and penalty. APPROPRIATION:
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An act relating to energy efficiency rebate programs; authorizing the Florida Energy and Climate Commission to pay certain rebates pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program; authorizing the Florida Energy and Climate Commission to pay certain rebates pursuant to the Solar Energy System Incentives Program; providing appropriations; providing a penalty; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. (1) As provided in this section and section 2, a portion of the total amount appropriated in this act shall be utilized by the Florida Energy and Climate Commission to pay rebates to eligible applicants who submit an application pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program administered by the commission, as approved by the United States Department of Energy. An applicant is eligible for a rebate under this section if: (a) A complete application is submitted to the commission on or before November 30, 2010. (b) The central air conditioner, air source heat pump, or geothermal heat pump system replacement for which the applicant is seeking a rebate was purchased from or contracted for purchase with a Florida-licensed contractor after August 29, 2010, but before September 15, 2010, and fully installed prior to submission of the application for a rebate. (c) The commission determines that the application complies with this section and any existing agreement with the United States Department of Energy governing the Florida ENERGY STAR Residential HVAC Rebate Program. (d) The applicant provides the following information to the commission on or before November 30, 2010: 1.a. A copy of the sales receipt indicating a date of purchase after August 29, 2010, but before September 15, 2010, with the make and model number identified and circled along with the name and address of the Florida-licensed contractor who installed the system; or b. A copy of the contract for the purchase and installation of the system indicating a contract date after August 29, 2010, but before September 15, 2010, and a copy of the sales receipt indicating a date of purchase after August 29, 2010, but on or before November 30, 2010, with the make and model number identified and circled along with the name and address of the Florida-licensed contractor who installed the system. 2. A copy of the mechanical building permit issued by the county or municipality and pulled by the Florida-licensed contractor who installed the system for the residence. 3. A copy of the Air Distribution System Test Report results from a Florida-certified Class energy gauge rater, a Florida-licensed mechanical contractor, or a recognized test and balance agent. The results from the test must indicate the home has no more than percent leakage to the outside as measured by 0.10 Qn.out or less. 4. A copy of the summary of the Manual Jprogram completed for the residence to indicate that the proper methodology for sizing the new system was completed. (2) The Florida Energy and Climate Commission shall pay a $1,500 rebate to each consumer who submits an application pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program if the application is approved by the commission in accordance with this act. The commission shall pay all rebates authorized in this section prior to paying any rebates authorized in section 2. Section 2. Notwithstanding s. 377.806 (6), Florida Statutes, the Florida Energy and Climate Commission shall utilize up to $28,902,623, less any amount in excess of $2,467,244 used to pay rebates pursuant to section 1, to pay a percentage of each unpaid and approved rebate application submitted pursuant to the Solar Energy System Incentives Program established in s. 377.806,Florida Statutes. An applicant is eligible for a rebate under this section if the application submitted complies with s. 377.806,Florida Statutes.The percentage of each approved rebate to be paid shall be derived by dividing the remaining appropriation by the total dollar value of the backlog of final approved solar rebates, pursuant to the authorized limits provided in s. 377.806,Florida Statutes.Section 3. For the 2010-2011 fiscal year, and to exclusively implement section 1, the sum of $2,467,244 in nonrecurring funds is appropriated from the Grants and Donations Trust Fund to the Florida Energy and Climate Commission. In addition, the sum of $28,902,623 from the Grants and Donations Trust Fund, from Specific Appropriation 2561A, chapter 2009-81, Law sof Florida, is immediately reverted and reappropriated to the Florida Energy and Climate Commission for the 2010-2011 fiscal year to implement section 1, if actual rebates paid exceed $2,467,244, and section 2. Section 4. Any applicant who obtains a rebate pursuant to this act based on the submission of information that the applicant knows to be false commits a theft, punishable as provided in s. 812.014,Florida Statutes.Section 5. This act shall take effect upon becoming a law.
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Energy Efficiency Rebate Programs
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Establishes a new effective date for Council Substitute for Committee Substitute for Committee Substitute for HB 981, an act relating to agriculture, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to agriculture, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. 9 Be It Resolved by the Legislature of the State of Florida: 11 Pursuant to Section of Article III of the State Constitution, Council Substitute for Committee Substitute for Committee Substitute for House Bill 981, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Agriculture/H 981 New Effective Date
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Establishes a new effective date for Council Substitute for Committee Substitute for House Bill 1565, an act relating to rulemaking, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to rulemaking, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. 9 Be It Resolved by the Legislature of the State of Florida: 11 Pursuant to Section of Article III of the State Constitution, Council Substitute for Committee Substitute for House Bill 1565, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Rulemaking/H 1565 New Effective Date
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Establishes a new effective date for Committee Substitute for Committee Substitute for Senate Bill 1842, an act relating to transportation projects, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to transportation projects, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, Committee Substitute for Committee Substitute for Senate Bill 1842, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Transportation Projects/S 1842 New Effective Date
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Establishes a new effective date for House Bill 545, an act relating to residential property sales, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to residential property sales, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, House Bill 545, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Residential Property Sales/H 545 Effective Date
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Establishes a new effective date for Council Substitute for Committee Substitute for Committee Substitute for House Bill 981, an act relating to agriculture, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to agriculture, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, Council Substitute for Committee Substitute for Committee Substitute for House Bill 981, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Agriculture/H 981 New Effective Date
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Establishes a new effective date for Council Substitute for Committee Substitute for House Bill 1385, an act relating to petroleum contamination site cleanup, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to petroleum contamination site cleanup, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, Council Substitute for Committee Substitute for House Bill 1385, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Petroleum Contamination Site Cleanup/H 1385
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Establishes a new effective date for House Bill 545, an act relating to residential property sales, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to residential property sales, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. 8 Be It Resolved by the Legislature of the State of Florida: 10 Pursuant to Section of Article III of the State Constitution, House Bill 545, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Residential Property Sales/H 545 Effective Date
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Recognizes the value provided to this state by NASCAR, the Homestead-Miami Speedway, and the Ford Championship Weekend.
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WHEREAS, Florida is the birthplace of the National Association for Stock Car Auto Racing, the most popular form of motorsports in the world, with more of the top highest attended sporting events in the United States than any other sport, and WHEREAS, the champions of NASCAR s three national racing series, the Camping World Truck Series, the Nationwide Series, and the Sprint Cup Series, will be crowned during the upcoming Ford Championship Weekend, November through 21, at the Homestead-Miami Speedway, and WHEREAS, tens of thousands of fans from across the United States and around the world will travel to South Florida to watch these world-class events and enjoy the hospitality and this beautiful state, while millions more nationwide will watch the broadcasts of these events, and WHEREAS, the State of Florida benefits from more than $250 million in annual economic impact that is generated by events at the Homestead-Miami Speedway, and WHEREAS, professional motorsports events annually create more than $2 billion in economic impact and more than 38,000 jobs for this state, NOW, THEREFORE, Be It Resolved by the Senate of the State of Florida: That the enormous value of NASCAR, the Homestead-Miami Speedway, and the Ford Championship Weekend are hereby recognized, and all residents and businesses of this state are encouraged to join in supporting NASCAR s Ford Championship Weekend at the Homestead-Miami Speedway.
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NASCAR/Homestead-Miami Speedway/Ford Championship
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Urges the Congress of the United States to amend Title XIX of the Social Security Act and declares the intent of the Florida Legislature to amend Florida Statutes relating to the Florida Medicaid program.
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WHEREAS, the Florida Constitution requires a balanced budget and establishes the foundation for the state s fiscal responsibilities, and WHEREAS, the Medicaid program was established in 1965 as a federal and state partnership, based on shared responsibility, distinct authority, and mutual financial participation, and WHEREAS, Florida s Medicaid program has operated for years with authority to determine eligibility, define covered services, and set payment levels, and WHEREAS, decisions by the Florida Legislature about Medicaid must be made after consideration of the ongoing tax burden carried by Floridians, the state s available resources, and other state obligations, and WHEREAS, the federal Patient Protection and Affordable Care Act eliminates state discretionary powers over eligibility by mandating coverage of at least 1.8 million new enrollees in Florida and prohibiting any changes to current eligibility standards, and WHEREAS, the Patient Protection and Affordable Care Act further hinders the state s ability to manage its resources by mandating previously optional services, requiring specific payment levels to certain providers, and imposing numerous additional administrative requirements, and WHEREAS, the cumulative effect of new federal requirements is to commandeer an increasing amount of Florida s resources while leaving the state with few options for cost containment or program improvement, and WHEREAS, Florida s current Medicaid program is expected to cost more than $20 billion per year, including $5.5 billion in state funds, and will require more than $2.5 billion in additional general revenue to meet current commitments in the next fiscal years, and WHEREAS, additional requirements imposed by the Patient Protection and Affordable Care Act will add nearly another $1 billion more to the state s financial obligation by 2016, require an escalating state financial commitment, and disallow essential means of state fiscal control, and WHEREAS, the performance of Florida s Medicaid program is undermined by limited physician participation, complex programmatic design, extensive fraud, and inadequate quality controls, and WHEREAS, Medicaid participants are poorly served by a program that cannot deliver coordinated and accessible health care, and WHEREAS, the future of Florida s Medicaid program requires the delivery of more effective and affordable services to a growing, diverse, and aging population, and WHEREAS, the rebuilding of Florida s Medicaid program is best accomplished through extension and modification of the current Medicaid reform waiver, and WHEREAS, the Agency for Health Care Administration is negotiating pursuant to chapter 2010-144, Laws of Florida, an extension of the current Medicaid reform waiver beyond its year term, and requires additional legislative guidance to successfully complete the negotiation, and WHEREAS, the objectives contained in this memorial are meant to be instructive to the Agency for Health Care Administration in its negotiations for the extension of the Medicaid reform waiver, and WHEREAS, the Florida Legislature intends to transform the Florida Medicaid program into a statewide integrated managed care program for all services, NOW, THEREFORE, Be It Resolved by the Legislature of the State of Florida: (1) That the Florida Legislature urges Congress to amend Title XIX of the Social Security Act in order to reestablish a fair and prudent federal-state partnership that respects the constitutional requirements and fiscal constraints of each government and enables states to provide cost-effective health care services to low-income residents. (2) That the Florida Legislature urges Congress to restructure the Medicaid program based on the following principles: (a) The federal-state partnership for Medicaid should be modeled on the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, with federal funding distributed based on population and tied to specific goals and objectives, thereby allowing each state the freedom to craft a Medicaid program that meets the needs of its residents. (b) Participants should be empowered to use the public resources provided for their health care to purchase private health insurance when they determine such insurance better meets their needs. (c) A focus on prevention and the cost-effective use of services should be established by fostering personal responsibility and rewarding healthy behaviors. (d) Decisionmaking should be decentralized in order to allow providers and plans to compete to deliver better value to consumers through innovative service packages, organizational forms, delivery systems, and payment methods. (e) Participants should be given every opportunity to achieve optimal health through systematic, transparent, and continuous outcome measurement and quality improvement. (3) That the Florida Legislature resolves, even without the federal reforms described herein, to adopt comprehensive legislation in the 2011 Regular Session to accomplish the following objectives: (a) To improve program performance by expanding key components of the Medicaid managed care pilot program statewide, while strengthening accountability for improved patient outcomes and preserving meaningful choices for participants. (b) To improve access to coordinated care by enrolling all Medicaid participants in managed care except those specifically exempted due to short-term eligibility, limited service eligibility, or institutional placement. (c) To enhance fiscal predictability and financial management by converting the purchase of Medicaid services to capitated, risk-adjusted payment systems. (d) To use the expertise of managed care organizations, including both health maintenance organizations and provider service networks, to provide all coverage and services for medical assistance and long-term care, including home and community-based services. (e) To make the state a more prudent purchaser through the use of regional, competitive procurements to select, based on quality and price, a limited number of managed care organizations, including at least one provider service network in each region. (f) To protect participants choices and dignity by expanding the use of the opt-out provisions of the pilot program and allowing Medicaid funds to be used for any state-regulated private coverage, rather than limiting this option to employment-based health benefits. (g) To phase in implementation of the statewide managed care program, allowing adequate time for development of managed long-term care and reserving the final phase of the implementation of managed care for persons with developmental disabilities. (4) That the Florida Legislature resolves to enact reforms that establish a more fair and predictable civil justice system and reduce disincentives for serving Medicaid participants. BE IT FURTHER RESOLVED that copies of this memorial be dispatched to the President of the United States, to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of the Florida delegation to the United States Congress.
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Florida Medicaid Program
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Establishes a new effective date for Council Substitute for Committee Substitute for House Bill 1565, an act relating to rulemaking, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor.
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an act relating to rulemaking, which bill was passed by both houses of the Legislature during the 2010 Regular Session of the Legislature and thereafter vetoed by the Governor. Be It Resolved by the Legislature of the State of Florida: Pursuant to Section of Article III of the State Constitution, Council Substitute for Committee Substitute for House Bill 1565, enacted during the 2010 Regular Session of the Legislature, shall take effect November 17, 2010, the veto of the Governor notwithstanding.
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Rulemaking/H 1565 New Effective Date
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Delays implementation date of provisions requiring DOH to administer onsite sewage treatment & disposal system evaluation program.
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An act relating to public health; amending s. 381.0065, F.S.; delaying the implementation date of provisions requiring the Department of Health to administer an onsite sewage treatment and disposal system evaluation program; providing an effective date. 8 Be It Enacted by the Legislature of the State of Florida: 10 Section 1. Paragraph (a) of subsection (5) of section 381.0065, Florida Statutes, is amended to read: 381.0065 Onsite sewage treatment and disposal systems; regulation.-(5) EVALUATION AND ASSESSMENT.-(a) Beginning July January 1, 2011, the department shall administer an onsite sewage treatment and disposal system evaluation program for the purpose of assessing the fundamental operational condition of systems and identifying any failures within the systems. The department shall adopt rules implementing the program standards, procedures, and requirements, including, but not limited to, a schedule for a 5-year evaluation cycle, requirements for the pump-out of a system or repair of a failing system, enforcement procedures for failure of a system owner to obtain an evaluation of the system, and failure of a contractor to timely submit evaluation results to the department and the system owner. The department shall ensure statewide implementation of the evaluation and assessment program by January 1, 2016. Section 2. This act shall take effect upon becoming a law.
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Public Health
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Authorizes Florida Energy & Climate Commission to pay certain rebates pursuant to Florida ENERGY STAR Residential HVAC Rebate Program; authorizes Florida Energy & Climate Commission to pay certain rebates pursuant to Solar Energy System Incentives Program; provides appropriations; provides penalty. APPROPRIATION:
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An act relating to energy efficiency rebate programs; authorizing the Florida Energy and Climate Commission to pay certain rebates pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program; authorizing the Florida Energy and Climate Commission to pay certain rebates pursuant to the Solar Energy System Incentives Program; providing appropriations; providing a penalty; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. (1) As provided in this section and section 2, a portion of the total amount appropriated in this act shall be utilized by the Florida Energy and Climate Commission to pay rebates to eligible applicants who submit an application pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program administered by the commission, as approved by the United States Department of Energy. An applicant is eligible for a rebate under this section if: (a) A complete application is submitted to the commission on or before November 30, 2010. (b) The central air conditioner, air source heat pump, or geothermal heat pump system replacement for which the applicant is seeking a rebate was purchased from or contracted for purchase with a Florida-licensed contractor after August 29, 2010, but before September 15, 2010, and fully installed prior to submission of the application for a rebate. (c) The commission determines that the application complies with this section and any existing agreement with the United States Department of Energy governing the Florida ENERGY STAR Residential HVAC Rebate Program. (d) The applicant provides the following information to the commission on or before November 30, 2010: 1.a. A copy of the sales receipt indicating a date of purchase after August 29, 2010, but before September 15, 2010, with the make and model number identified and circled along with the name and address of the Florida-licensed contractor who installed the system; or b. A copy of the contract for the purchase and installation of the system indicating a contract date after August 29, 2010, but before September 15, 2010, and a copy of the sales receipt indicating a date of purchase after August 29, 2010, but on or before November 30, 2010, with the make and model number identified and circled along with the name and address of the Florida-licensed contractor who installed the system. 2. A copy of the mechanical building permit issued by the county or municipality and pulled by the Florida-licensed contractor who installed the system for the residence. 3. A copy of the Air Distribution System Test Report results from a Florida-certified Class energy gauge rater, a Florida-licensed mechanical contractor, or a recognized test and balance agent. The results from the test must indicate the home has no more than percent leakage to the outside as measured by 0.10 Qn.out or less. 4. A copy of the summary of the Manual Jprogram completed for the residence to indicate that the proper methodology for sizing the new system was completed. (2) The Florida Energy and Climate Commission shall pay a $1,500 rebate to each consumer who submits an application pursuant to the Florida ENERGY STAR Residential HVAC Rebate Program if the application is approved by the commission in accordance with this act. The commission shall pay all rebates authorized in this section prior to paying any rebates authorized in section 2. Section 2. Notwithstanding s. 377.806(6), Florida Statutes, the Florida Energy and Climate Commission shall utilize up to $28,902,623, less any amount in excess of $2,467,244 used to pay rebates pursuant to section 1, to pay a percentage of each unpaid and approved rebate application submitted pursuant to the Solar Energy System Incentives Program established in s. 377.806, Florida Statutes. An applicant is eligible for a rebate under this section if the application submitted complies with s. 377.806, Florida Statutes. The percentage of each approved rebate to be paid shall be derived by dividing the remaining appropriation by the total dollar value of the backlog of final approved solar rebates, pursuant to the authorized limits provided in s. 377.806, Florida Statutes. Section 3. For the 2010-2011 fiscal year, and to exclusively implement section 1, the sum of $2,467,244 in nonrecurring funds is appropriated from the Grants and Donations Trust Fund to the Florida Energy and Climate Commission. In addition, the sum of $28,902,623 from the Grants and Donations Trust Fund, from Specific Appropriation 2561A, chapter 2009-81, Laws of Florida, is immediately reverted and reappropriated to the Florida Energy and Climate Commission for the 2010-2011 fiscal year to implement section 1, if actual rebates paid exceed $2,467,244, and section 2. Section 4. Any applicant who obtains a rebate pursuant to this act based on the submission of information that the applicant knows to be false commits a theft, punishable as provided in s. 812.014, Florida Statutes. Section 5. This act shall take effect upon becoming a law.
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Energy Efficiency Rebate Programs
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Proposes creation of s. 28, Art. I of State Constitution to prohibit laws or rules from compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage; permits health care provider to accept direct payment from person or employer for lawful health care services; exempts persons, employers, & health care providers from penalties & taxes for paying or accepting direct payment for lawful health care services; permits purchase or sale of health insurance in private health care systems, etc.
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A joint resolution proposing the creation of Section of Article I of the State Constitution, relating to health care services. 6 Be It Resolved by the Legislature of the State of Florida: 8 That the following creation of Section of Article I of the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose: ARTICLE I DECLARATION OF RIGHTS SECTION 28. Health care services.-(a) To preserve the freedom of all residents of the state to provide for their own health care: (1) A law or rule may not compel, directly or indirectly, any person or employer to purchase, obtain, or otherwise provide for health care coverage. (2) A person or an employer may pay directly for lawful health care services and may not be required to pay penalties or taxes for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and may not be required to pay penalties or taxes for accepting direct payment from a person or an employer for lawful health care services. (b) The private market for health care coverage of any lawful health care service may not be abolished by law or rule. (c) This section does not: (1) Affect which health care services a health care provider is required to perform or provide. (2) Affect which health care services are permitted by law. (3) Prohibit care provided pursuant to general law relating to workers' compensation. (4) Affect laws or rules in effect as of March 1, 2010. (5) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or an employer for paying directly for lawful health care services or a health care provider for accepting direct payment from a person or an employer for lawful health care services, except that this section may not be construed to prohibit any negotiated provision in any insurance contract, network agreement, or other provider agreement contractually limiting copayments, coinsurance, deductibles, or other patient charges. (6) Affect any general law passed by a two-thirds vote of the membership of each house of the legislature after the effective date of this section, if the law states with specificity the public necessity that justifies an exception from this section. (d) As used in this section, the term: (1) "Compel" includes the imposition of penalties or taxes. (2) "Direct payment" or "pay directly" means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service. (3) "Health care system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for, or payment, in full or in part, for health care services, health care data, or health care information for its participants. (4) "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is permitted or not prohibited by law or regulation at the time the service or treatment is rendered, which may be provided by persons or businesses otherwise permitted to offer such services. (5) "Penalties or taxes" means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge, or named fee with a similar effect established by law or rule by an agency established, created, or controlled by the government which is used to punish or discourage the exercise of rights protected under this section. For purposes of this section only, the term "rule by an agency" may not be construed to mean any negotiated provision in any insurance contract, network agreement, or other provider agreement contractually limiting copayments, coinsurance, deductibles, or other patient charges. BE IT FURTHER RESOLVED that the following title and statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE I, SECTION 85 HEALTH CARE SERVICES.-Proposing an amendment to the State Constitution to prohibit laws or rules from compelling any person or employer to purchase, obtain, or otherwise provide for health care coverage; permit a person or an employer to purchase lawful health care services directly from a health care provider; permit a health care provider to accept direct payment from a person or an employer for lawful health care services; exempt persons, employers, and health care providers from penalties and taxes for paying directly or accepting direct payment for lawful health care services; and prohibit laws or rules from abolishing the private market for health care coverage of any lawful health care service. Specifies that the amendment does not affect which health care services a health care provider is required to perform or provide; affect which health care services are permitted by law; prohibit care provided pursuant to general law relating to workers' compensation; affect laws or rules in effect as of March 1, 2010; affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or an employer for paying directly for lawful health care services or a health care provider for accepting direct payment from a person or an employer for lawful health care services; or affect any general law passed by two-thirds vote of the membership of each house of the Legislature, passed after the effective date of the amendment, provided such law states with specificity the public necessity justifying the exceptions from the provisions of the amendment. The amendment expressly provides that it may not be construed to prohibit negotiated provisions in insurance contracts, network agreements, or other provider agreements contractually limiting copayments, coinsurance, deductibles, or other patient charges.
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Health Care Services
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Requires individual accident or health insurance policies, group, blanket, or franchise accident or health insurance policies, & health maintenance contracts to provide specified coverage for orthoses, prostheses, orthotics, & prosthetics benefits; specifies deductible & copayment requirements; authorizes insurers & HMO's to specify benefits limitations; provides for nonapplication to specified policy & contract coverages.
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An act relating to health insurance; creating s. 627.64195, F.S.; requiring individual accident or health insurance policies to provide certain coverage for orthoses and prostheses and orthotics and prosthetics; providing requirements and limitations; specifying deductible and copayment requirements; authorizing insurers to specify certain benefits limitations; providing for nonapplication to certain policy coverages; creating s. 627.66915, F.S.; requiring group, blanket, or franchise accident or health insurance policies to provide coverage for orthoses and prostheses and orthotics and prosthetics; providing requirements and limitations; specifying deductible and copayment requirements; authorizing insurers to specify certain benefits limitations; providing for nonapplication to certain policy coverages; amending s. 641.31, F.S.; requiring health maintenance contracts to provide coverage for orthoses and prostheses and orthotics and prosthetics; providing requirements and limitations; specifying deductible and copayment requirements; authorizing health maintenance organizations to specify certain benefits limitations; providing for nonapplication to certain contract coverages; providing an effective date. 26 Be It Enacted by the Legislature of the State of Florida: 28 Section 1. Section 627.64195, Florida Statutes, is created to read: 627.64195 Coverage for orthoses and prostheses and orthotics and prosthetics.-(1)(a) Each accident or health insurance policy issued, amended, delivered, or renewed in this state on or after January 1, 2012, that provides medical coverage that includes coverage for physician services in a physician's office and each accident or health insurance policy that provides major medical or similar comprehensive type coverage must provide coverage for benefits for orthoses and prostheses as defined in s. 468.80 and orthotics and prosthetics as defined in s. 468.80 that equal those benefits provided for under federal laws for health insurance for the aged and disabled pursuant to U.S.C. ss. 1395k, 1395l, and 1395m and C.F.R. ss. 414.202, 414.210, 414.228, and 410.100 as applicable to this section. (b)1. The coverage is subject to the deductible and coinsurance provisions applicable to outpatient visits and is also subject to all other terms and conditions applicable to other benefits. 2. Every insurer subject to the requirements of this section shall make available to the policyholder as part of the application, for an appropriate additional premium, the coverage required in this section without such coverage being subject to the deductible or coinsurance provisions of the policy. (2) An accident or health insurance policy may require prior authorization for orthoses and prostheses and orthotics and prosthetics in the same manner that prior authorization is required for any other covered benefit. (3)(a) Covered benefits for orthoses or prostheses shall be limited to the most appropriate model that adequately meets the medical needs of the patient as determined by the insured's treating physician. (b) The repair and replacement of orthoses or prostheses also shall be covered subject to copayments and deductibles, unless necessitated by misuse or loss. (4) An insurer may require, if coverage is provided through a managed care plan, that benefits mandated pursuant to this section be covered benefits only if the orthoses or prostheses are provided by a vendor and orthotics or prosthetics are rendered by an orthotist or prosthetist as defined in s. 468.80. (5) This section does not apply to insurance coverage providing benefits for hospital confinement indemnity, disability income, accident only, long-term care, Medicare supplement, limited benefit health, specified disease indemnity, sickness or bodily injury or death by accident or both, and other limited benefit policies. Section 2. Section 627.66915, Florida Statutes, is created to read: 627.66915 Coverage for orthoses and prostheses and orthotics and prosthetics.-(1)(a) Each group, blanket, or franchise accident or health insurance policy issued, amended, delivered, or renewed in this state on or after January 1, 2012, that provides medical coverage that includes coverage for physician services in a physician's office and each such policy that provides major medical or similar comprehensive type coverage must provide coverage for benefits for orthoses and prostheses as defined in s. 468.80 and orthotics and prosthetics as defined in s. 468.80 that equal those benefits provided for under federal laws for health insurance for the aged and disabled pursuant to U.S.C. ss. 1395k, 1395l, and 1395m and C.F.R. ss. 414.202, 414.210, 414.228, and 410.100 as applicable to this section. (b)1. The coverage is subject to the deductible and coinsurance provisions applicable to outpatient visits and is also subject to all other terms and conditions applicable to other benefits. 2. Every insurer subject to the requirements of this section shall make available to the policyholder as part of the application, for an appropriate additional premium, the coverage required in this section without such coverage being subject to the deductible or coinsurance provisions of the policy. (2) A group, blanket, or franchise accident or health insurance policy may require prior authorization for orthoses and prostheses and orthotics and prosthetics in the same manner that prior authorization is required for any other covered benefit. (3)(a) Covered benefits for orthoses or prostheses shall be limited to the most appropriate model that adequately meets the medical needs of the patient as determined by the insured's treating physician. (b) The repair and replacement of orthoses or prostheses also shall be covered subject to copayments and deductibles, unless necessitated by misuse or loss. (4) An insurer may require, if coverage is provided through a managed care plan, that benefits mandated pursuant to this section be covered benefits only if the orthoses or prostheses are provided by a vendor and orthotics or prosthetics are rendered by an orthotist or prosthetist as defined in s. 468.80. (5) This section does not apply to insurance coverage providing benefits for hospital confinement indemnity, disability income, accident only, long-term care, Medicare supplement, limited benefit health, specified disease indemnity, sickness or bodily injury or death by accident or both, and other limited benefit policies. Section 3. Subsection (44) is added to section 641.31, Florida Statutes, to read: 641.31 Health maintenance contracts.-(44)(a) Each health maintenance contract issued, amended, delivered, or renewed in this state on or after January 1, 2012, that provides medical coverage that includes coverage for physician services in a physician's office and each contract, plan, or policy that provides major medical or similar comprehensive type coverage must provide coverage for benefits for orthoses and prostheses as defined in s. 468.80 and orthotics and prosthetics as defined in s. 468.80 that equal those benefits provided for under federal laws for health insurance for the aged and disabled pursuant to U.S.C. ss. 1395k, 1395l, and 1395m and C.F.R. ss. 414.202, 414.210, 414.228, and 410.100 as applicable to this subsection. (b)1. The coverage is subject to the deductible and coinsurance provisions applicable to outpatient visits and is also subject to all other terms and conditions applicable to other benefits. 2. Every health maintenance organization subject to the requirements of this subsection shall make available to the subscriber as part of the application, for an appropriate additional premium, the coverage required in this subsection without such coverage being subject to the deductible or coinsurance provisions of the contract. (c) A health maintenance contract may require prior authorization for orthoses and prostheses and orthotics and prosthetics in the same manner that prior authorization is required for any other covered benefit. (d)1. Covered benefits for orthoses or prostheses shall be limited to the most appropriate model that adequately meets the medical needs of the patient as determined by the insured's treating physician. 2. The repair and replacement of orthoses or prostheses also shall be covered subject to copayments and deductibles, unless necessitated by misuse or loss. (e) A health maintenance contract may require that benefits mandated pursuant to this subsection be covered benefits only if the orthoses or prostheses are provided by a vendor and orthotics or prosthetics are rendered by a orthotist or prosthetist as defined in s. 468.80. (f) This subsection does not apply to insurance coverage providing benefits for hospital confinement indemnity, disability income, accident only, long-term care, Medicare supplement, limited benefit health, specified disease indemnity, sickness or bodily injury or death by accident or both, and other limited benefit policies. Section 4. This act shall take effect July 1, 2011.
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Health Insurance
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Authorizes Florida College System institution boards of trustees to establish transportation access fee; limits amount of fee; provides timeframe for fee increase & implementation of increase; prohibits inclusion of fee in calculating amount student receives under Florida Bright Futures Scholarship Program awards.
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An act relating to Florida College System institution student fees; amending s. 1009.23, F.S.; authorizing Florida College System institution boards of trustees to establish a transportation access fee; limiting the amount of the fee; providing a timeframe for a fee increase and implementation of an increase; prohibiting the inclusion of the fee in calculating the amount a student receives under Florida Bright Futures Scholarship Program awards; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Present subsection (17) of section 1009.23, Florida Statutes, is redesignated as subsection (18), and a new subsection (17) is added to that section to read: 1009.23 Community college student fees.-(17)(a) Each Florida College System institution board of trustees may establish a transportation access fee. Revenue from the transportation access fee may be used only for the provision or improvement of access to transportation services for students enrolled in the Florida College System institution. The fee may not exceed $6 per credit hour. An increase in the transportation access fee may occur only once each fiscal year and must be implemented beginning with the fall term. (b) Notwithstanding ss. 1009.534, 1009.535, and 1009.536, the transportation access fee authorized under paragraph (a) shall not be included in calculating the amount a student receives for a Florida Academic Scholars award, a Florida Medallion Scholars award, or a Florida Gold Seal Vocational Scholars award. Section 2. This act shall take effect July 1, 2011.
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Florida College System Institution Student Fees
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Provides child-restraint requirements for certain children ages 4 through 7; provides certain exceptions; redefines term "motor vehicle" to exclude certain vehicles from such requirements; provides grace period.
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An act relating to child-restraint requirements; amending s. 316.613, F.S.; providing child-restraint requirements for certain children ages through 7; providing certain exceptions; redefining the term "motor vehicle" to exclude certain vehicles from such requirements; providing a grace period; providing effective dates. 9 Be It Enacted by the Legislature of the State of Florida: 11 Section 1. Effective January 1, 2012, subsection (1) and paragraph (b) of subsection (2) of section 316.613, Florida Statutes, are amended to read: 316.613 Child restraint requirements.-(1)(a) Each Every operator of a motor vehicle as defined herein,while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is years of age or younger and is less than feet 9 inches in height,provide for protection of the child by properly using a crash-tested, federally approved child restraint device that is appropriate for the height and weight of the child.The device may include a vehicle manufacturer's integrated child seat, a separate child safety seat, or a child booster seat that displays the child's weight and height specifications for the seat on the attached manufacturer's label as required by Federal Motor Vehicle Safety Standard No. 213. The device must comply with the standards of the United States Department of Transportation and be secured in the motor vehicle in accordance with the manufacturer's instructions. The court may dismiss the charge against a motor vehicle operator for a first violation of this subsection upon proof that a federally approved child restraint device has been purchased or otherwise obtained. (b) For children aged through years, such restraint device must be a separate carrier or a vehicle manufacturer's integrated child seat. (c) For children aged through years who are less than feet inches in height,a separate carrier, an integrated child seat, or a child booster seat belt may be used. However, the requirement to use a child booster seat does not apply when a separate carrier, integrated child seat, or seat belt as required in s. 316.614(4)(a) is used and the person is: 1. Transporting the child gratuitously and in good faith in response to a declared emergency situation or an immediate emergency involving the child; or 2. Transporting a child whose medical condition necessitates an exception as evidenced by appropriate documentation from a health professional. (d) (b) The Division of Motor Vehicles shall provide notice of the requirement for child restraint devices, which notice shall accompany the delivery of each motor vehicle license tag. (2) As used in this section, the term "motor vehicle" means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of the state. The term does not include: (b) A bus or a passenger vehicle designed to accommodate 10 or more persons and used for the transportation of persons for compensation, other than a bus regularly used to transport children to or from school, as defined in s. 316.615(1)(b), or in conjunction with school activities. Section 2. Effective July 1, 2011, a driver of a motor vehicle who does not violate the then-existing provisions of s. 316.613(1)(c), Florida Statutes, but whose conduct would violate that provision as amended January 1, 2012, shall be issued a verbal warning and given educational literature by a law enforcement officer. Section 3. Except as otherwise expressly provided in this act, this act shall take effect July 1, 2011.
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Child-restraint Requirements
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Designates act "T. Patt Maney Veterans' Treatment Intervention Act"; provides that persons found to have committed criminal offenses who allege that offenses resulted from posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems from service in combat theater in U.S. military may have hearing on issue before sentencing; provides that defendants found to have committed offenses due to such causes & who are eligible for probation or community control may be placed in treatment programs in certain circumstances, etc.
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An act relating to military veterans convicted of criminal offenses; providing a short title; creating s. 921.00242, F.S.; providing that persons found to have committed criminal offenses who allege that the offenses resulted from posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems stemming from service in a combat theater in the United States military may have a hearing on that issue before sentencing; providing that defendants found to have committed offenses due to such causes and who are eligible for probation or community control may be placed in treatment programs in certain circumstances; providing for sentence credit for defendants placed in treatment who would have otherwise been incarcerated; providing a preference for treatment programs that have histories of successfully treating such combat veterans; amending s. 948.08, F.S.; creating a pretrial veterans' treatment intervention program; providing requirements for a defendant to be voluntarily admitted to the pretrial program; providing certain exceptions to such admission; providing for the disposition of pending charges after a defendant's completion of the pretrial intervention program; providing for the charges to be expunged under certain circumstances; amending s. 948.16, F.S.; creating a misdemeanor pretrial veterans' treatment intervention program; providing requirements for voluntary admission to the misdemeanor pretrial program; providing for the misdemeanor charges to be expunged under certain circumstances; exempting treatment services provided by the Department of Veterans' Affairs or the United States Department of Veterans Affairs from certain contract requirements; providing an effective date. 35 Be It Enacted by the Legislature of the State of Florida: 37 Section 1. This act may be cited as the "T. Patt Maney Veterans' Treatment Intervention Act." Section 2. Section 921.00242, Florida Statutes, is created to read: 921.00242 Convicted military veterans; posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems from service; treatment services.-(1) If a circuit or county court finds that a defendant has committed a criminal offense, the court must hold a veterans' status hearing before sentencing if the defendant has alleged that he or she committed the offense as a result of posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems stemming from service in a combat theater in the United States military. (2) At a veterans' status hearing conducted as required by subsection (1), the court shall determine whether the defendant was a member of the military forces of the United States who served in a combat theater and assess whether the defendant suffers from posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems as a result of that service. The defendant shall bear the burden of proof at the hearing. (3) If the court concludes that the defendant is a person described in subsection (2) who is eligible for probation or community control and the court places the defendant on county or state probation or into community control, the court may order the defendant into a local, state, federal, or private nonprofit treatment program as a condition of probation or community control if the defendant agrees to participate in the program and the court determines that an appropriate treatment program exists. (4) A defendant who is placed on county or state probation or into community control and committed to a residential treatment program under this section shall earn sentence credits for the actual time he or she serves in the residential treatment program if the court makes a written finding that it would otherwise have sentenced the defendant to incarceration except for the fact that the defendant is a person described in subsection (2). (5) In making an order under this section to commit a defendant to an treatment program, whenever possible the court shall place the defendant in a treatment program that has a history of successfully treating combat veterans who suffer from posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems as a result of that service. The court shall give preference to treatment programs for which the veteran is eligible through the United States Department of Veterans Affairs or the Department of Veterans' Affairs. Section 3. Present subsection (7) of section 948.08, Florida Statutes, is renumbered as subsection (8), and a new subsection (7) is added to that section, to read: 948.08 Pretrial intervention program.-(7)(a) A person who is charged with a felony, other than a felony listed in s. 948.06(8)(c), and identified as a member or former member of the military forces of the United States who served in a combat theater and who suffers from posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems as a result of that service is eligible for voluntary admission into a pretrial veterans' treatment intervention program approved by the chief judge of the circuit, upon motion of either party or the court's own motion, except: 1. If a defendant was previously offered admission to a pretrial veterans' treatment intervention program at any time before trial and the defendant rejected that offer on the record, the court may deny the defendant's admission to such a program. 2. If a defendant previously entered a court-ordered veterans' treatment program, the court may deny the defendant's admission into the pretrial veterans' treatment program. 3. If the state attorney believes that the facts and circumstances of the case suggest the defendant's involvement in selling controlled substances, the court shall hold a preadmission hearing. If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in selling controlled substances, the court shall deny the defendant's admission into a pretrial intervention program. (b) While enrolled in a pretrial intervention program authorized by this subsection, the participant is subject to a coordinated strategy developed by a veterans' treatment intervention team. The coordinated strategy should be modeled after the therapeutic jurisprudence principles and key components in s. 397.334(4), with treatment specific to the needs of veterans. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but is not limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial veterans' treatment intervention program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the pretrial veterans' treatment intervention program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under s. 943.0585. (c) At the end of the pretrial intervention period, the court shall consider the recommendation of the administrator pursuant to subsection (5) and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant has successfully completed the pretrial intervention program. If the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment, which may include treatment programs offered by licensed service providers or jail-based treatment programs, or order that the charges revert to normal channels for prosecution. The court shall dismiss the charges upon a finding that the defendant has successfully completed the pretrial intervention program. Section 4. Section 948.16, Florida Statutes, is amended to read: 948.16 Misdemeanor pretrial substance abuse education and treatment intervention program;misdemeanor pretrial veterans' treatment intervention program.-(1)(a) A person who is charged with a misdemeanor for possession of a controlled substance or drug paraphernalia under chapter 893, and who has not previously been convicted of a felony nor been admitted to a pretrial program, is eligible for voluntary admission into a misdemeanor pretrial substance abuse education and treatment intervention program, including a treatment-based drug court program established pursuant to s. 397.334, approved by the chief judge of the circuit, for a period based on the program requirements and the treatment plan for the offender, upon motion of either party or the court's own motion, except, if the state attorney believes the facts and circumstances of the case suggest the defendant is involved in dealing and selling controlled substances, the court shall hold a preadmission hearing. If the state attorney establishes, by a preponderance of the evidence at such hearing, that the defendant was involved in dealing or selling controlled substances, the court shall deny the defendant's admission into the pretrial intervention program. (b) While enrolled in a pretrial intervention program authorized by this section, the participant is subject to a coordinated strategy developed by a drug court team under s. 397.334(4). The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but is not limited to, placement in a substance abuse treatment program offered by a licensed service provider as defined in s. 397.311 or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a pretrial treatment-based drug court program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the treatment-based drug court program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under s. 943.0585. (2)(a) A member or former member of the military forces of the United States who served in a combat theater and who suffers from posttraumatic stress disorder, traumatic brain injury, substance use disorder, or psychological problems as a result of that service who is charged with a misdemeanor is eligible for voluntary admission into a misdemeanor pretrial veterans' treatment intervention program approved by the chief judge of the circuit, for a period based on the program requirements and the treatment plan for the offender, upon motion of either party or the court's own motion. However, the court may deny the defendant admission into a misdemeanor pretrial veterans' treatment intervention program if the defendant has previously entered a court-ordered veterans' treatment program. (b) While enrolled in a pretrial intervention program authorized by this section, the participant is subject to a coordinated strategy developed by a veterans' treatment intervention team. The coordinated strategy should be modeled after the therapeutic jurisprudence principles and key components in s. 397.334(4), with treatment specific to the needs of veterans. The coordinated strategy may include a protocol of sanctions that may be imposed upon the participant for noncompliance with program rules. The protocol of sanctions may include, but is not limited to, placement in a treatment program offered by a licensed service provider or in a jail-based treatment program or serving a period of incarceration within the time limits established for contempt of court. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a misdemeanor pretrial veterans' treatment intervention program or other pretrial intervention program. Any person whose charges are dismissed after successful completion of the misdemeanor pretrial veterans' treatment intervention program, if otherwise eligible, may have his or her arrest record and plea of nolo contendere to the dismissed charges expunged under s. 943.0585. (3) (2) At the end of the pretrial intervention period, the court shall consider the recommendation of the treatment program and the recommendation of the state attorney as to disposition of the pending charges. The court shall determine, by written finding, whether the defendant successfully completed the pretrial intervention program. Notwithstanding the coordinated strategy developed by a drug court team pursuant to s. 397.334(4) or by the veterans' treatment intervention team,if the court finds that the defendant has not successfully completed the pretrial intervention program, the court may order the person to continue in education and treatment or return the charges to the criminal docket for prosecution. The court shall dismiss the charges upon finding that the defendant has successfully completed the pretrial intervention program. (4) (3) Any public or private entity providing a pretrial substance abuse education and treatment program under this section shall contract with the county or appropriate governmental entity. The terms of the contract shall include, but not be limited to, the requirements established for private entities under s. 948.15(3). This requirement does not apply to services provided by the Department of Veterans' Affairs or the United States Department of Veterans Affairs. Section 5. This act shall take effect January 1, 2012.
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Military Veterans Convicted of Criminal Offenses
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Revises legislative intent; eliminates provisions directing DOH to create & administer statewide septic tank evaluation program; eliminates procedures & criteria for evaluation program; terminates grant program for repair of onsite sewage treatment disposal systems identified pursuant to evaluation program, to conform; eliminates provisions authorizing DOH to collect evaluation report fee & provisions relating to disposition of fee proceeds & revenue-neutral fee schedule.
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An act relating to onsite sewage treatment and disposal systems; amending s. 381.0065, F.S.; revising legislative intent; eliminating provisions directing the Department of Health to create and administer a statewide septic tank evaluation program; eliminating procedures and criteria for the evaluation program; repealing s. 381.00656, F.S., to terminate the grant program for repair of onsite sewage treatment disposal systems identified pursuant to the evaluation program, to conform; amending s. 381.0066, F.S.; eliminating provisions authorizing the department to collect an evaluation report fee; eliminating provisions relating to disposition of fee proceeds and a revenue-neutral fee schedule; providing an effective date. 16 Be It Enacted by the Legislature of the State of Florida: 18 Section 1. Subsections (1), (5), (6), and (7) of section 381.0065, Florida Statutes, are amended to read: 381.0065 Onsite sewage treatment and disposal systems; regulation.-(1) LEGISLATIVE INTENT.-(a) It is the intent of the Legislature that proper management of onsite sewage treatment and disposal systems is paramount to the health, safety, and welfare of the public. It is further the intent of the Legislature that the department shall administer an evaluation program to ensure the operational condition of the system and identify any failure with the system. (b) It is the intent of the Legislature that where a publicly owned or investor-owned sewerage system is not available, the department shall issue permits for the construction, installation, modification, abandonment, or repair of onsite sewage treatment and disposal systems under conditions as described in this section and rules adopted under this section. It is further the intent of the Legislature that the installation and use of onsite sewage treatment and disposal systems not adversely affect the public health or significantly degrade the groundwater or surface water. (5) EVALUATION AND ASSESSMENT.-(a) Beginning January 1, 2011, the department shall administer an onsite sewage treatment and disposal system evaluation program for the purpose of assessing the fundamental operational condition of systems and identifying any failures within the systems. The department shall adopt rules implementing the program standards, procedures, and requirements, including, but not limited to, a schedule for a 5-year evaluation cycle, requirements for the pump-out of a system or repair of a failing system, enforcement procedures for failure of a system owner to obtain an evaluation of the system, and failure of a contractor to timely submit evaluation results to the department and the system owner. The department shall ensure statewide implementation of the evaluation and assessment program by January 1, 2016. (b) Owners of an onsite sewage treatment and disposal system, excluding a system that is required to obtain an operating permit, shall have the system evaluated at least once every years to assess the fundamental operational condition of the system, and identify any failure within the system. (c) All evaluation procedures must be documented and nothing in this subsection limits the amount of detail an evaluator may provide at his or her professional discretion. The evaluation must include a tank and drainfield evaluation, a written assessment of the condition of the system, and, if necessary, a disclosure statement pursuant to the department's procedure. (d)1. Systems being evaluated that were installed prior to January 1, 1983, shall meet a minimum 6-inch separation from the bottom of the drainfield to the wettest season water table elevation as defined by department rule. All drainfield repairs, replacements or modifications to systems installed prior to January 1, 1983, shall meet a minimum 12-inch separation from the bottom of the drainfield to the wettest season water table elevation as defined by department rule. 2. Systems being evaluated that were installed on or after January 1, 1983, shall meet a minimum 12-inch separation from the bottom of the drainfield to the wettest season water table elevation as defined by department rule. All drainfield repairs, replacements or modification to systems developed on or after January 1, 1983, shall meet a minimum 24-inch separation from the bottom of the drainfield to the wettest season water table elevation. (e) If documentation of a tank pump-out or a permitted new installation, repair, or modification of the system within the previous years is provided, and states the capacity of the tank and indicates that the condition of the tank is not a sanitary or public health nuisance pursuant to department rule, a pump-out of the system is not required. (f) Owners are responsible for paying the cost of any required pump-out, repair, or replacement pursuant to department rule, and may not request partial evaluation or the omission of portions of the evaluation. (g) Each evaluation or pump-out required under this subsection must be performed by a septic tank contractor or master septic tank contractor registered under part III of chapter 489, a professional engineer with wastewater treatment system experience licensed pursuant to chapter 471, or an environmental health professional certified under chapter in the area of onsite sewage treatment and disposal system evaluation. (h) The evaluation report fee collected pursuant to s. 381.0066(2)(b) shall be remitted to the department by the evaluator at the time the report is submitted. (i) Prior to any evaluation deadline, the department must provide a minimum of days' notice to owners that their systems must be evaluated by that deadline. The department may include a copy of any homeowner educational materials developed pursuant to this section which provides information on the proper maintenance of onsite sewage treatment and disposal systems. (5) (6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-(a) Department personnel who have reason to believe noncompliance exists, may at any reasonable time, enter the premises permitted under ss. 381.0065-381.0066, or the business premises of any septic tank contractor or master septic tank contractor registered under part III of chapter 489, or any premises that the department has reason to believe is being operated or maintained not in compliance, to determine compliance with the provisions of this section, part I of chapter 386, or part III of chapter or rules or standards adopted under ss. 381.0065-381.0067, part I of chapter 386, or part III of chapter 489. As used in this paragraph, the term "premises" does not include a residence or private building. To gain entry to a residence or private building, the department must obtain permission from the owner or occupant or secure an inspection warrant from a court of competent jurisdiction. (b)1. The department may issue citations that may contain an order of correction or an order to pay a fine, or both, for violations of ss. 381.0065-381.0067, part I of chapter 386, or part III of chapter or the rules adopted by the department, when a violation of these sections or rules is enforceable by an administrative or civil remedy, or when a violation of these sections or rules is a misdemeanor of the second degree. A citation issued under ss. 381.0065-381.0067, part I of chapter 386, or part III of chapter constitutes a notice of proposed agency action. 2. A citation must be in writing and must describe the particular nature of the violation, including specific reference to the provisions of law or rule allegedly violated. 3. The fines imposed by a citation issued by the department may not exceed $500 for each violation. Each day the violation exists constitutes a separate violation for which a citation may be issued. 4. The department shall inform the recipient, by written notice pursuant to ss. 120.569 and 120.57, of the right to an administrative hearing to contest the citation within days after the date the citation is received. The citation must contain a conspicuous statement that if the recipient fails to pay the fine within the time allowed, or fails to appear to contest the citation after having requested a hearing, the recipient has waived the recipient's right to contest the citation and must pay an amount up to the maximum fine. 5. The department may reduce or waive the fine imposed by the citation. In determining whether to reduce or waive the fine, the department must consider the gravity of the violation, the person's attempts at correcting the violation, and the person's history of previous violations including violations for which enforcement actions were taken under ss. 381.0065-381.0067, part I of chapter 386, part III of chapter 489, or other provisions of law or rule. 6. Any person who willfully refuses to sign and accept a citation issued by the department commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 7. The department, pursuant to ss. 381.0065-381.0067, part I of chapter 386, or part III of chapter 489, shall deposit any fines it collects in the county health department trust fund for use in providing services specified in those sections. 8. This section provides an alternative means of enforcing ss. 381.0065-381.0067, part I of chapter 386, and part III of chapter 489. This section does not prohibit the department from enforcing ss. 381.0065-381.0067, part I of chapter 386, or part III of chapter 489, or its rules, by any other means. However, the department must elect to use only a single method of enforcement for each violation. (6) (7) LAND APPLICATION OF SEPTAGE PROHIBITED.-Effective January 1, 2016, the land application of septage from onsite sewage treatment and disposal systems is prohibited. By February 1, 2011, the department, in consultation with the Department of Environmental Protection, shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives, recommending alternative methods to establish enhanced treatment levels for the land application of septage from onsite sewage and disposal systems. The report shall include, but is not limited to, a schedule for the reduction in land application, appropriate treatment levels, alternative methods for treatment and disposal, enhanced application site permitting requirements including any requirements for nutrient management plans, and the range of costs to local governments, affected businesses, and individuals for alternative treatment and disposal methods. The report shall also include any recommendations for legislation or rule authority needed to reduce land application of septage. Section 2. Section 381.00656, Florida Statutes, is repealed: 381.00656 Grant program for repair of onsite sewage treatment disposal systems.-Effective January 1, 2012, the department shall administer a grant program to assist owners of onsite sewage treatment and disposal systems identified pursuant to s. 381.0065 or the rules adopted thereunder. A grant under the program may be awarded to an owner only for the purpose of inspecting, pumping, repairing, or replacing a system serving a single-family residence occupied by an owner with a family income of less than or equal to percent of the federal poverty level at the time of application. The department may prioritize applications for an award of grant funds based upon the severity of a system's failure, its relative environmental impact, the income of the family, or any combination thereof. The department shall adopt rules establishing the grant application and award process, including an application form. The department shall seek to make grants in each fiscal year equal to the total amount of grant funds available, with any excess funds used for grant awards in subsequent fiscal years. Section 3. Subsection (2) of section 381.0066, Florida Statutes, is amended to read: 381.0066 Onsite sewage treatment and disposal systems; fees.-(2) The minimum fees in the following fee schedule apply until changed by rule by the department within the following limits: (a) Application review, permit issuance, or system inspection, including repair of a subsurface, mound, filled, or other alternative system or permitting of an abandoned system: a fee of not less than $25, or more than $125. (b) A 5-year evaluation report submitted pursuant to s. 381.0065(5): a fee not less than $15, or more than $30. At least $1 and no more than $5 collected pursuant to this paragraph shall be used to fund a grant program established under s. 381.00656. (b) (c) Site evaluation, site reevaluation, evaluation of a system previously in use, or a per annum septage disposal site evaluation: a fee of not less than $40, or more than $115. (c) (d) Biennial Operating permit for aerobic treatment units or performance-based treatment systems: a fee of not more than $100. (d) (e) Annual operating permit for systems located in areas zoned for industrial manufacturing or equivalent uses or where the system is expected to receive wastewater which is not domestic in nature: a fee of not less than $150, or more than $300. (e) (f) Innovative technology: a fee not to exceed $25,000. (f) (g) Septage disposal service, septage stabilization facility, portable or temporary toilet service, tank manufacturer inspection: a fee of not less than $25, or more than $200, per year. (g) (h) Application for variance: a fee of not less than $150, or more than $300. (h) (i) Annual operating permit for waterless, incinerating, or organic waste composting toilets: a fee of not less than $50, or more than $150. (i) (j) Aerobic treatment unit or performance-based treatment system maintenance entity permit: a fee of not less than $25, or more than $150, per year. (j) (k) Reinspection fee per visit for site inspection after system construction approval or for noncompliant system installation per site visit: a fee of not less than $25, or more than $100. (k) (l) Research: An additional $5 fee shall be added to each new system construction permit issued to be used to fund onsite sewage treatment and disposal system research, demonstration, and training projects. Five dollars from any repair permit fee collected under this section shall be used for funding the hands-on training centers described in s. 381.0065(3)(j). (l) (m) Annual operating permit, including annual inspection and any required sampling and laboratory analysis of effluent, for an engineer-designed performance-based system: a fee of not less than $150, or more than $300. 270 On or before January 1, 2011, the Surgeon General, after consultation with the Revenue Estimating Conference, shall determine a revenue neutral fee schedule for services provided pursuant to s. 381.0065(5) within the parameters set in paragraph (b). Such determination is not subject to the provisions of chapter 120. The funds collected pursuant to this subsection must be deposited in a trust fund administered by the department, to be used for the purposes stated in this section and ss. 381.0065 and 381.00655. Section 4. This act shall take effect upon becoming a law.
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Onsite Sewage Treatment and Disposal Systems
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Creates Office of Chief Technology Officer within DFS; requires that Chief Technology Officer be appointed by Governor & Cabinet; requires that office be composed of three divisions; provides duties of such divisions; requires that Chief Technology Officer develop multiyear plan of action for purpose of meeting specified objectives.
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WHEREAS, the Legislature finds that it is necessary to reorient the deployment of public technology infrastructure in a manner that is consistent with the statutory objectives in chapter 282, Florida Statutes, create an accountable governance system that continues to consolidate separate state data centers and develop common electronic communications and messaging systems, and provide reasonable assurances to the public that their contact with governmental services is timely, accurate, responsive, and respectful of the need to maintain secure networks that do not compromise personal identifying information protected by law or duty, and WHEREAS, it is the intent of the Legislature to create a road map for successive governance deployment initiatives, thereby producing a sound management system, disciplined procurement systems, and effective operational controls for succeeding generations of taxpayers and recipients of public services, NOW, THEREFORE, 30 Be It Enacted by the Legislature of the State of Florida: 32 Section 1. Office of the Chief Technology Officer.-(1) There is created within the Department of Financial Services the Office of the Chief Technology Officer. The office shall be led by the Chief Technology Officer, who shall be appointed by the Governor and Cabinet. (2) The office shall be composed of three divisions: (a) The Division of Strategic Procurement, which includes the development of all enterprise information technology procurement and acquisition-management systems across state agencies, whether owned or contracted, and has the objective of achieving unified accountability. (b) The Division of Policy Formulation, Development, and Standards, which sets, by rule or contract, the technical and architectural expectations for current and emerging technologies and establishes new human capital skill sets, competency expectations, and total compensation for all information technology professions within state agencies. (c) The Division of Implementation, which is responsible for the execution, timing, and integration of specific technology components and business domain management and the retention of agency expertise in key legacy applications in nonstrategic management systems. (3) The Chief Technology Officer shall develop a multiyear plan of action that builds upon the initial objectives contained in part I of chapter 282, Florida Statutes, and develops or recommends the legislative actions necessary to make the following changes to existing enterprise services: (a) The consolidation of all state agency data centers into three primary locations or entities by January 1, 2014. (b) By December 31, 2011, the initiation of the development of a revised financial management infrastructure for state government which causes the reengineering of subsystem components, including, but not limited to, the legislative appropriations system and planning and budget system, cash management, human resources, a successor accounting system, and strategic and tactical procurement and acquisition management. (c) By January 1, 2012, the reconfiguration of the significant structural components of the operations of existing state agencies, including, but not limited to, the Department of Management Services, the Department of Financial Services, and the Agency for Enterprise Information Technology. (d) By a date to be determined by the Governor and Cabinet and subject to specific legislative appropriation, the creation of successor customer relationship-management systems, including, but not limited to, professional licensure, facility licensure, regulatory inspections, and compliance and monitoring systems. Section 2. This act shall take effect July 1, 2011.
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Office of Chief Technology Officer
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Designates act "Graham Compliance Act"; provides that juvenile offender who was less than 18 years of age at time of commission of nonhomicide offense & who is sentenced to life imprisonment is eligible for parole if offender has been incarcerated for minimum period; requires initial eligibility interview to determine whether offender has demonstrated maturity & reform for parole; provides criteria to determine maturity & reform; provides eligibility for reinterview after specified period for offender denied parole.
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An act relating to parole for juvenile offenders; providing a short title; amending s. 947.16, F.S.; providing definitions; providing that a juvenile offender who was less than years of age at the time of commission of a nonhomicide offense and who is sentenced to life imprisonment is eligible for parole if the offender has been incarcerated for a minimum period; requiring an initial eligibility interview to determine whether the juvenile offender has demonstrated maturity and reform for parole; providing criteria to determine maturity and reform; providing eligibility for a reinterview after a specified period for juvenile offenders denied parole; providing an effective date. 16 Be It Enacted by the Legislature of the State of Florida: 18 Section 1. This act may be cited as the "Graham Compliance Act." Section 2. Subsections (2) through (6) of section 947.16, Florida Statutes, are renumbered as subsections (3) through (7), respectively, and a new subsection (2) is added to that section to read: 947.16 Eligibility for parole; initial parole interviews; powers and duties of commission;juvenile offender eligibility.-(2)(a) As used in this subsection, the term: 1. "Juvenile offender" means an offender who was less than 18 years of age at the time the nonhomicide offense was committed. 2. "Nonhomicide offense" means an offense that did not result in the death of a human being. (b) Notwithstanding subsection (1) or any other provision of law to the contrary, a juvenile offender who is sentenced to life imprisonment for a nonhomicide offense may be eligible for parole as provided in this subsection. (c) Before a juvenile offender may be granted parole under this subsection, she or he must have an initial eligibility interview to determine whether she or he has demonstrated maturity and reform while in the custody of the department to justify granting parole. The initial eligibility interview must occur only after the juvenile offender serves years of incarceration. The initial eligibility interview and any subsequent eligibility interviews must occur only if the juvenile offender has received no approved disciplinary reports for at least years before the scheduled eligibility interview. (d) In determining whether the juvenile offender has demonstrated maturity and reform and whether she or he should be granted parole, the commission must consider all of the following: 1. The wishes of the victim or the opinions of the victim's next of kin. 2. Whether the juvenile offender was a relatively minor participant in the criminal offense or acted under extreme duress or domination of another person. 3. Whether the juvenile offender has shown sincere and sustained remorse for the criminal offense. 4. Whether the juvenile offender's age, maturity, and psychological development at the time of the offense affected her or his behavior. 5. Whether the juvenile offender, while in the custody of the department, has aided inmates suffering from catastrophic or terminal medical, mental, or physical conditions or has prevented risk or injury to staff, citizens, or other inmates. 6. Whether the juvenile offender has successfully completed any General Educational Development, other educational, technical, work, vocational, or available self-rehabilitation program. 7. Whether the juvenile offender was a victim of sexual, physical, or emotional abuse prior to the time of the offense. 8. The results of any mental health assessment or evaluation that has been performed on the juvenile offender. (e) A juvenile offender who is not granted parole under this subsection after an initial eligibility interview is eligible for a reinterview years after the date of the denial of the grant of parole and every years thereafter. Section 3. This act shall take effect upon becoming a law.
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Parole for Juvenile Offenders
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Revises provisions relating to prohibition against payment of extra compensation; provides for bonuses; specifies conditions for paying bonuses; requires that contracts providing for severance pay under certain circumstances include specified provisions; defines term "severance pay"; prohibits certain contract provisions that provide for extra compensation to limit ability to discuss contract; deletes provisions relating to power of county or municipality to pay extra compensation, etc.
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An act relating to public employee compensation; amending s. 215.425, F.S.; revising provisions relating to the prohibition against the payment of extra compensation; providing for bonuses; specifying the conditions for paying bonuses; requiring that contracts providing for severance pay under certain circumstances include specified provisions; defining the term "severance pay"; prohibiting certain contract provisions that provide for extra compensation to limit the ability to discuss the contract; amending s. 125.01, F.S.; deleting provisions relating to the power of a county to pay extra compensation; amending s. 166.021, F.S.; deleting a provision that allows a municipality to pay extra compensation; amending s. 112.061, F.S.; conforming cross-references; repealing s. 373.0795, F.S., relating to a prohibition against severance pay for officers or employees of water management districts; providing an effective date. 21 Be It Enacted by the Legislature of the State of Florida: 23 Section 1. Section 215.425, Florida Statutes, is amended to read: 215.425 Extra compensation claims prohibited;bonuses; severance pay.-(1) No extra compensation shall be made to any officer, agent, employee, or contractor after the service has been rendered or the contract made; nor shall any money be appropriated or paid on any claim the subject matter of which has not been provided for by preexisting laws, unless such compensation or claim is allowed by a law enacted by two-thirds of the members elected to each house of the Legislature. However, when adopting salary schedules for a fiscal year, a district school board or community college district board of trustees may apply the schedule for payment of all services rendered subsequent to July of that fiscal year. (2) The provisions of This section does do not apply to:(a) Extra compensation given to state employees who are included within the senior management group pursuant to rules adopted by the Department of Management Services; to extra compensation given to county, municipal, or special district employees pursuant to policies adopted by county or municipal ordinances or resolutions of governing boards of special districts or to employees of the clerk of the circuit court pursuant to written policy of the clerk; or to (b) A clothing and maintenance allowance given to plainclothes deputies pursuant to s. 30.49. (3) Any policy, ordinance, rule, or resolution designed to implement a bonus scheme must: (a) Base the award of a bonus on work performance; (b) Describe the performance standards and evaluation process by which a bonus will be awarded; (c) Notify all employees of the policy, ordinance, rule, or resolution before the beginning of the evaluation period on which a bonus will be based; and (d) Consider all employees for the bonus. (4)(a) On or after July 1, 2011, a unit of government that enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, that contains a provision for severance pay with an officer, agent, employee, or contractor must include the following provisions in the contract: 1. A requirement that severance pay provided may not exceed an amount greater than weeks of compensation, unless the unit of government approves the contract or employment agreement, or renewal or renegotiation of a contract or employment agreement, by a two-thirds vote of the membership of the approving body of the unit of government. 2. A prohibition of provision of severance pay when the officer, agent, employee, or contractor has been fired for misconduct, as defined in s. 443.036(29), by the unit of government. (b) Notwithstanding paragraph (a), on or after July 1, 2011, an officer, agent, employee, or contractor may receive severance pay if: 1. The severance pay is paid from wholly private funds, the payment and receipt of which do not otherwise violate part III of chapter 112; or 2. The severance pay is administered under part II of chapter on behalf of an agency outside this state and would be permitted under that agency's personnel system. (c) This subsection does not create an entitlement to severance pay in the absence of its authorization. (d) As used in this subsection, the term "severance pay" means the actual or constructive compensation, including salary, benefits, or perquisites, for employment services yet to be rendered which is provided to an employee who has recently been or is about to be terminated. The term does not include compensation for: 1. Earned and accrued annual, sick, compensatory, or administrative leave; 2. Early retirement under provisions established in an actuarially funded pension plan subject to part VII of chapter 112; or 3. Any subsidy for the cost of a group insurance plan available to an employee upon normal or disability retirement that is by policy available to all employees of the unit of government pursuant to the unit's health insurance plan. This subparagraph may not be construed to limit the ability of a unit of government to reduce or eliminate such subsidies. (5) Any agreement or contract, executed on or after July 1, 2011, which involves extra compensation between a unit of government and an officer, agent, employee, or contractor may not include provisions that limit the ability of any party to the agreement or contract to discuss the agreement or contract. Section 2. Paragraphs (cc) and (dd) of subsection (1) of section 125.01, Florida Statutes, are redesignated as paragraphs (bb) and (cc), respectively, and paragraph (bb) of that subsection is amended to read: 125.01 Powers and duties.-(1) The legislative and governing body of a county shall have the power to carry on county government. To the extent not inconsistent with general or special law, this power includes, but is not restricted to, the power to: (bb) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, provide for an extra compensation program, including a lump-sum bonus payment program, to reward outstanding employees whose performance exceeds standards, if the program provides that a bonus payment may not be included in an employee's regular base rate of pay and may not be carried forward in subsequent years. Section 3. Present subsections (8) through (10) of section 166.021, Florida Statutes, are redesignated as subsections (7) through (9) respectively, and present subsection (7) of that section is amended, to read: 166.021 Powers.-(7) Notwithstanding the prohibition against extra compensation set forth in s. 215.425, the governing body of a municipality may provide for an extra compensation program, including a lump-sum bonus payment program, to reward outstanding employees whose performance exceeds standards, if the program provides that a bonus payment may not be included in an employee's regular base rate of pay and may not be carried forward in subsequent years. Section 4. Paragraphs (a) and (c) of subsection (14) of section 112.061, Florida Statutes, are amended to read: 112.061 Per diem and travel expenses of public officers, employees, and authorized persons.-(14) APPLICABILITY TO COUNTIES, COUNTY OFFICERS, DISTRICT SCHOOL BOARDS, SPECIAL DISTRICTS, AND METROPOLITAN PLANNING ORGANIZATIONS.-(a) The following entities may establish rates that vary from the per diem rate provided in paragraph (6)(a), the subsistence rates provided in paragraph (6)(b), or the mileage rate provided in paragraph (7)(d) if those rates are not less than the statutorily established rates that are in effect for the 2005-2006 fiscal year: 1. The governing body of a county by the enactment of an ordinance or resolution; 2. A county constitutional officer, pursuant to s. 1(d), Art. VIII of the State Constitution, by the establishment of written policy; 3. The governing body of a district school board by the adoption of rules; 4. The governing body of a special district, as defined in s. 189.403(1), except those special districts that are subject to s. 166.021(9) 166.021(10),by the enactment of a resolution; or 5. Any metropolitan planning organization created pursuant to s. 339.175 or any other separate legal or administrative entity created pursuant to s. 339.175 of which a metropolitan planning organization is a member, by the enactment of a resolution. (c) Except as otherwise provided in this subsection, counties, county constitutional officers and entities governed by those officers, district school boards, special districts, and metropolitan planning organizations, other than those subject to s. 166.021(9) 166.021(10),remain subject to the requirements of this section. Section 5. Section 373.0795, Florida Statutes, is repealed. Section 6. This act shall take effect July 1, 2011.
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Public Employee Compensation
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Renames Gulf Coast Community College as "Gulf Coast State College"; renames Pensacola Junior College as "Pensacola State College"; renames St. Johns River Community College as "St. Johns River State College"; renames Valencia Community College as "Valencia College."
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An act relating to Florida College System institutions; amending s. 1000.21, F.S.; renaming Gulf Coast Community College as "Gulf Coast State College"; renaming Pensacola Junior College as "Pensacola State College"; renaming St. Johns River Community College as "St. Johns River State College"; renaming Valencia Community College as "Valencia College"; amending ss. 288.8175, 1004.74, and 1004.75, F.S.; conforming provisions; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. Paragraphs (i), (t), (v), and (bb) of subsection (3) of section 1000.21, Florida Statutes, are amended to read: 1000.21 Systemwide definitions.-As used in the Florida K-20 Education Code: (3) "Florida college" or "community college," except as otherwise specifically provided, includes all of the following public postsecondary educational institutions in the Florida College System and any branch campuses, centers, or other affiliates of the institution: (i) Gulf Coast State Community College, which serves Bay, Franklin, and Gulf Counties. (t) Pensacola State Junior College, which serves Escambia and Santa Rosa Counties. (v) St. Johns River State Community College, which serves Clay, Putnam, and St. Johns Counties. (bb) Valencia Community College, which serves Orange and Osceola Counties. Section 2. Paragraph (b) of subsection (5) of section 288.8175, Florida Statutes, is amended to read: 288.8175 Linkage institutes between postsecondary institutions in this state and foreign countries.-(5) The institutes are: (b) Florida-Costa Rica Institute (Florida State University and Valencia Community College). Section 3. Subsection (3) of section 1004.74, Florida Statutes, is amended to read: 1004.74 Florida School of the Arts.-(3) The Florida School of the Arts is assigned to the District Board of Trustees of the St. Johns River State Community College for purposes of administration and governance; but the Florida School of the Arts, within appropriations and limitations established annually by the Legislature, shall serve as a professional school on a statewide basis for all qualified students. Section 4. Paragraph (b) of subsection (1) of section 1004.75, Florida Statutes, is amended to read: 1004.75 Training school consolidation pilot projects.-(1) ESTABLISHMENT.-To consolidate and more efficiently use state and taxpayer resources by combining training programs, pilot training centers are established to provide public criminal justice training in Leon and St. Johns Counties. The following pilot training centers are established: (b) The Criminal Justice Academy at St. Johns River State Community College. Section 5. This act shall take effect July 1, 2011.
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Florida College System Institutions
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Authorizes Board of Massage Therapy to issue temporary permits to applicants who meet certain qualifications to practice massage therapy; provides for expiration of temporary permits; provides limitations; provides for temporary permit fee.
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An act relating to massage therapy; amending s. 480.041, F.S.; authorizing the Board of Massage Therapy to issue temporary permits to applicants who meet certain qualifications to practice massage therapy; providing for the expiration of temporary permits; providing limitations; amending s. 480.044, F.S.; providing for a temporary permit fee; providing an effective date. 10 Be It Enacted by the Legislature of the State of Florida: 12 Section 1. Subsection (5) is added to section 480.041, Florida Statutes, to read: 480.041 Massage therapists; qualifications; temporary permits; licensure; endorsement.-(5)(a) The board may issue a temporary permit to practice massage therapy to an applicant who: 1. Graduates from a school that is accredited by an accrediting agency recognized by the United States Department of Education for the agency's specialization in accrediting massage therapy education. 2. Meets all of the qualifications for licensure under this section, except for paragraphs (1)(c), (4)(b), and (4)(c). (b) If an applicant desires to practice massage therapy before becoming licensed by examination and completes a course of study at a board-approved massage school, the applicant may apply for a temporary permit in accordance with rules adopted under this chapter. (c) A temporary permit is valid for months after issuance by the board or until the applicant fails the massage licensure examination or receives a massage therapist license, whichever occurs first. (d) An applicant for licensure by examination who practices under a temporary permit may only practice massage therapy under the supervision of a licensed massage therapist who has a full, active, and unencumbered license. Section 2. Paragraph (m) is added to subsection (1) of section 480.044, Florida Statutes, to read: 480.044 Fees; disposition.-(1) The board shall set fees according to the following schedule: (m) Temporary permit fee: not to exceed $50. Section 3. This act shall take effect July 1, 2011.
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Massage Therapy
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Provides for reclassification of certain offenses against utility workers; reenacts specified provisions.
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An act relating to assault or battery on utility workers; amending s. 784.07, F.S.; defining the term "utility worker"; providing for reclassification of certain offenses against utility workers; reenacting and amending s. 921.0022(3)(d), (f), and (g), F.S., relating to the offense severity ranking chart of the Criminal Punishment Code, to incorporate the amendments made to s. 784.07, F.S., in references thereto; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. Paragraph (f) is added to subsection (1) of section 784.07, Florida Statutes, and subsection (2) of that section is amended, to read: 784.07 Assault or battery of law enforcement officers, firefighters, emergency medical care providers, public transit employees or agents, or other specified persons officers;reclassification of offenses; minimum sentences.-(1) As used in this section, the term: (f) "Utility worker" means any person employed by an entity that owns, operates, leases, or controls any plant, property, or facility for the generation, transmission, manufacture, production, supply, distribution, sale, storage, conveyance, delivery, or furnishing to or for the public of electricity, natural or manufactured gas, water, steam, sewage, or telephone service, including two or more utilities rendering joint service. (2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, or a utility worker, while the officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer,or utility worker is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows: (a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree. (b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree. (c) In the case of aggravated assault, from a felony of the third degree to a felony of the second degree. Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of years. (d) In the case of aggravated battery, from a felony of the second degree to a felony of the first degree. Notwithstanding any other provision of law, any person convicted of aggravated battery of a law enforcement officer shall be sentenced to a minimum term of imprisonment of years. Section 2. For the purpose of incorporating the amendments made by this act to section 784.07, Florida Statutes, in references thereto, paragraphs (d), (f), and (g) of subsection (3) of section 921.0022, Florida Statutes, are reenacted and amended to read: 921.0022 Criminal Punishment Code; offense severity ranking chart.-(3) OFFENSE SEVERITY RANKING CHART (d) LEVEL 77 Florida Statute Felony Degree Description 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 499.0051(1) 3rd Failure to maintain or deliver pedigree papers. 499.0051(2) 3rd Failure to authenticate pedigree papers. 499.0051(6) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 784.075 3rd Battery on detention or commitment facility staff. 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 784.08(2)(c) 3rd Battery on a person years of age or older. 784.081(3) 3rd Battery on specified official or employee. 784.082(3) 3rd Battery by detained person on visitor or other detainee. 784.083(3) 3rd Battery on code inspector. 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 790.115(2)(c) 3rd Possessing firearm on school property. 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than years. 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 810.06 3rd Burglary; possession of tools. 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc. 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 817.568(2)(a) 3rd Fraudulent use of personal identification information. 817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder. 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 837.02(1) 3rd Perjury in official proceedings. 837.021(1) 3rd Make contradictory statements in official proceedings. 838.022 3rd Official misconduct. 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services. 843.021 3rd Possession of a concealed handcuff key by a person in custody. 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than years. 874.05(1) 3rd Encouraging or recruiting another to join a criminal gang. 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs). 914.14(2) 3rd Witnesses accepting bribes. 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 918.12 3rd Tampering with jurors. 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 126 (f) LEVEL 127 Florida Statute Felony Degree Description 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction. 499.0051(3) 2nd Knowing forgery of pedigree papers. 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person. 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person. 775.0875(1) 3rd Taking firearm from law enforcement officer. 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill. 784.021(1)(b) 3rd Aggravated assault; intent to commit felony. 784.041 3rd Felony battery; domestic battery by strangulation. 784.048(3) 3rd Aggravated stalking; credible threat. 784.048(5) 3rd Aggravated stalking of person under 16. 784.07(2)(c) 2nd Aggravated assault on law enforcement officer,firefighter, etc.784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff. 784.08(2)(b) 2nd Aggravated assault on a person years of age or older. 784.081(2) 2nd Aggravated assault on specified official or employee. 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee. 784.083(2) 2nd Aggravated assault on code inspector. 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01. 790.115(2)(d) 2nd Discharging firearm or weapon on school property. 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property. 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult. 794.05(1) 2nd Unlawful sexual activity with specified minor. 800.04(5)(d) 3rd Lewd or lascivious molestation; victim years of age or older but less than years; offender less than years. 800.04(6)(b) 2nd Lewd or lascivious conduct; offender years of age or older. 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person. 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery. 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others. 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction. 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others. 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery). 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones. 825.102(1) 3rd Abuse of an elderly person or disabled adult. 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult. 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult. 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000. 827.03(1) 3rd Abuse of a child. 827.03(3)(c) 3rd Neglect of a child. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 836.05 2nd Threats; extortion. 836.10 2nd Written threats to kill or do bodily injury. 843.12 3rd Aids or assists person to escape. 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors. 847.012 3rd Knowingly using a minor in the production of materials harmful to minors. 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct. 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury. 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. 944.40 2nd Escapes. 944.46 3rd Harboring, concealing, aiding escaped prisoners. 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility. 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility. 182 (g) LEVEL 183 Florida Statute Felony Degree Description 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene. 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 456.065(2) 3rd Practicing a health care profession without a license. 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 458.327(1) 3rd Practicing medicine without a license. 459.013(1) 3rd Practicing osteopathic medicine without a license. 460.411(1) 3rd Practicing chiropractic medicine without a license. 461.012(1) 3rd Practicing podiatric medicine without a license. 462.17 3rd Practicing naturopathy without a license. 463.015(1) 3rd Practicing optometry without a license. 464.016(1) 3rd Practicing nursing without a license. 465.015(2) 3rd Practicing pharmacy without a license. 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 467.201 3rd Practicing midwifery without a license. 468.366 3rd Delivering respiratory care services without a license. 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 483.901(9) 3rd Practicing medical physics without a license. 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 484.053 3rd Dispensing hearing aids without a license. 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business. 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 784.048(7) 3rd Aggravated stalking; violation of court order. 784.07(2)(d) 1st Aggravated battery on law enforcement officer,firefighter, etc.784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 784.08(2)(a) 1st Aggravated battery on a person years of age or older. 784.081(1) 1st Aggravated battery on specified official or employee. 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 784.083(1) 1st Aggravated battery on code inspector. 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 790.16(1) 1st Discharge of a machine gun under specified circumstances. 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than years of age. 796.03 2nd Procuring any person under years for prostitution. 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than years of age; offender less than years. 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim years of age or older but less than years; offender years or older. 806.01(2) 2nd Maliciously damage structure by fire or explosive. 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 812.0145(2)(a) 1st Theft from person years of age or older; $50,000 or more. 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 812.131(2)(a) 2nd Robbery by sudden snatching. 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 827.04(3) 3rd Impregnation of a child under years of age by person years of age or older. 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 838.015 2nd Bribery. 838.016 2nd Unlawful compensation or reward for official behavior. 838.021(3)(a) 2nd Unlawful harm to a public servant. 838.22 2nd Bid tampering. 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 872.06 2nd Abuse of a dead human body. 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 893.135(1)(a)1. 1st Trafficking in cannabis, more than lbs., less than 2,000 lbs. 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than grams, less than grams. 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than grams, less than grams. 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than grams, less than grams. 893.135(1)(e)1. 1st Trafficking in methaqualone, more than grams, less than kilograms. 893.135(1)(f)1. 1st Trafficking in amphetamine, more than grams, less than grams. 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, grams or more, less than grams. 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), kilogram or more, less than kilograms. 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, kilogram or more, less than kilograms. 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, grams or more, less than grams. 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification. 300 Section 3. This act shall take effect July 1, 2011.
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Assault or Battery on Utility Workers
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Defines term "homologue" for purposes of Florida Comprehensive Drug Abuse Prevention & Control Act; includes certain hallucinogenic substances on list of controlled substances in Schedule I; provides it is a misdemeanor to be in possession of less than specified amount of certain hallucinogenic substances; provides exception for powdered form of such substances; reenacts provisions to incorporate amendment.
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An act relating to controlled substances; amending s. 893.02, F.S.; defining the term "homologue" for purposes of the Florida Comprehensive Drug Abuse Prevention and Control Act; amending s. 893.03, F.S.; including certain hallucinogenic substances on the list of controlled substances in Schedule I; amending s. 893.13, F.S.; providing that it is a misdemeanor of the first degree to be in possession of not more than a specified amount of certain hallucinogenic substances; providing an exception for the powdered form of such substances; reenacting ss. 893.13(1), (2), (4), and (5), 893.135(1)(l), and 921.0022(3)(b), (c), and (e), F.S., relating to prohibited acts and penalties regarding controlled substances and the offense severity chart of the Criminal Punishment Code, to incorporate the amendment to s. 893.03, F.S., in references thereto; providing an effective date. 19 Be It Enacted by the Legislature of the State of Florida: 21 Section 1. Present subsections (11) through (22) of section 893.02, Florida Statutes, are redesignated as subsections (12) through (23), respectively, and a new subsection (11) is added to that section, to read: 893.02 Definitions.-The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires: (11) "Homologue" means a chemical compound in a series in which each compound differs by one or more alkyl functional groups on an alkyl side chain. Section 2. Paragraph (c) of subsection (1) of section 893.03, Florida Statutes, is amended to read: 893.03 Standards and schedules.-The substances enumerated in this section are controlled by this chapter. The controlled substances listed or to be listed in Schedules I, II, III, IV, and Vare included by whatever official, common, usual, chemical, or trade name designated. The provisions of this section shall not be construed to include within any of the schedules contained in this section any excluded drugs listed within the purview of C.F.R. s. 1308.22, styled "Excluded Substances"; C.F.R. s. 1308.24, styled "Exempt Chemical Preparations"; C.F.R. s. 1308.32, styled "Exempted Prescription Products"; or C.F.R. s. 1308.34, styled "Exempt Anabolic Steroid Products." (1) SCHEDULE I.-A substance in Schedule I has a high potential for abuse and has no currently accepted medical use in treatment in the United States and in its use under medical supervision does not meet accepted safety standards. The following substances are controlled in Schedule I: (c) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances or which contains any of their salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: 1. Alpha-ethyltryptamine. 2. 2-Amino-4-methyl-5-phenyl-2-oxazoline (4-methylaminorex). 3. 2-Amino-5-phenyl-2-oxazoline (Aminorex). 4. 4-Bromo-2,5-dimethoxyamphetamine. 5. 4-Bromo-2, 5-dimethoxyphenethylamine. 6. Bufotenine. 7. Cannabis. 8. Cathinone. 9. Diethyltryptamine. 10. 2,5-Dimethoxyamphetamine. 11. 2,5-Dimethoxy-4-ethylamphetamine (DOET). 12. Dimethyltryptamine. 13. N-Ethyl-1-phenylcyclohexylamine (PCE) (Ethylamine analog of phencyclidine). 14. N-Ethyl-3-piperidyl benzilate. 15. N-ethylamphetamine. 16. Fenethylline. 17. N-Hydroxy-3,4-methylenedioxyamphetamine. 18. Ibogaine. 19. Lysergic acid diethylamide (LSD). 20. Mescaline. 21. Methcathinone. 22. 5-Methoxy-3,4-methylenedioxyamphetamine. 23. 4-methoxyamphetamine. 24. 4-methoxymethamphetamine. 25. 4-Methyl-2,5-dimethoxyamphetamine. 26. 3,4-Methylenedioxy-N-ethylamphetamine. 27. 3,4-Methylenedioxyamphetamine. 28. N-Methyl-3-piperidyl benzilate. 29. N,N-dimethylamphetamine. 30. Parahexyl. 31. Peyote. 32. N-(1-Phenylcyclohexyl)-pyrrolidine (PCPY) (Pyrrolidine analog of phencyclidine). 33. Psilocybin. 34. Psilocyn. 35. Salvia divinorum, except for any drug product approved by the United States Food and Drug Administration which contains Salvia divinorum or its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. 36. Salvinorin A, except for any drug product approved by the United States Food and Drug Administration which contains Salvinorin A or its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation. 37. Tetrahydrocannabinols. 38. 1-[1-(2-Thienyl)-cyclohexyl]-piperidine (TCP) (Thiophene analog of phencyclidine). 39. 3,4,5-Trimethoxyamphetamine. 40. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol, also known as CP 47,497 and its dimethyloctyl (C8) homologue. 41. (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo [c]chromen-1-ol, also known as HU-210. 42. 1-Pentyl-3-(1-naphthoyl)indole, also known as JWH-018. 43. 1-Butyl-3-(1-naphthoyl)indole, also known as JWH-073. 44. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole, also known as JWH-200. Section 3. Subsection (6) of section 893.13, Florida Statutes, is amended to read: 893.13 Prohibited acts; penalties.-(6)(a) It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If the offense is the possession of not more than grams of cannabis, as defined in this chapter, or grams or less of a controlled substance described in s. 893.03(1)(c)40.-44., the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For the purposes of this subsection, "cannabis" does not include the resin extracted from the plants of the genus Cannabis, or any compound manufacture, salt, derivative, mixture, or preparation of such resin,and a controlled substance described in s. 893.03(1)(c)40.-44. does not include the substance in a powdered form.(c) Except as provided in this chapter, it is unlawful to possess in excess of grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (d) Notwithstanding any provision to the contrary of the laws of this state relating to arrest, a law enforcement officer may arrest without warrant any person who the officer has probable cause to believe is violating the provisions of this chapter relating to possession of cannabis. Section 4. For the purpose of incorporating the amendment made by this act to section 893.03, Florida Statutes, in references thereto, subsections (1), (2), (4), and (5) of section 893.13, Florida Statutes, are reenacted to read: 893.13 Prohibited acts; penalties.-(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Except as provided in this chapter, it is unlawful to sell or deliver in excess of grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of a.m. and midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. For the purposes of this paragraph, the term "community center" means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve hours of public service in addition to any other penalty prescribed by law. 217 This paragraph does not apply to a child care facility unless the owner or operator of the facility posts a sign that is not less than square feet in size with a word legend identifying the facility as a licensed child care facility and that is posted on the property of the child care facility in a conspicuous place where the sign is reasonably visible to the public. (d) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public or private college, university, or other postsecondary educational institution. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve hours of public service in addition to any other penalty prescribed by law. (e) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance not authorized by law in, on, or within 1,000 feet of a physical place for worship at which a church or religious organization regularly conducts religious services or within 1,000 feet of a convenience business as defined in s. 812.171. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve hours of public service in addition to any other penalty prescribed by law. (f) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public housing facility at any time. For purposes of this section, the term "real property comprising a public housing facility" means real property, as defined in s. 421.03(12), of a public corporation created as a housing authority pursuant to part I of chapter 421. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve hours of public service in addition to any other penalty prescribed by law. (g) Except as authorized by this chapter, it is unlawful for any person to manufacture methamphetamine or phencyclidine, or possess any listed chemical as defined in s. 893.033 in violation of s. 893.149 and with intent to manufacture methamphetamine or phencyclidine. If any person violates this paragraph and: 1. The commission or attempted commission of the crime occurs in a structure or conveyance where any child under years of age is present, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of calendar years. 2. The commission of the crime causes any child under years of age to suffer great bodily harm, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In addition, the defendant must be sentenced to a minimum term of imprisonment of calendar years. (h) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising an assisted living facility, as that term is used in chapter 429. Any person who violates this paragraph with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to purchase, or possess with intent to purchase, a controlled substance. Any person who violates this provision with respect to: 1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) Except as provided in this chapter, it is unlawful to purchase in excess of grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) Except as authorized by this chapter, it is unlawful for any person years of age or older to deliver any controlled substance to a person under the age of years, or to use or hire a person under the age of years as an agent or employee in the sale or delivery of such a substance, or to use such person to assist in avoiding detection or apprehension for a violation of this chapter. Any person who violates this provision with respect to: (a) A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 362 Imposition of sentence may not be suspended or deferred, nor shall the person so convicted be placed on probation. (5) It is unlawful for any person to bring into this state any controlled substance unless the possession of such controlled substance is authorized by this chapter or unless such person is licensed to do so by the appropriate federal agency. Any person who violates this provision with respect to: (a) A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c) A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Section 5. For the purpose of incorporating the amendment made by this act to section 893.03, Florida Statutes, in references thereto, paragraph (l) of subsection (1) of section 893.135, Florida Statutes, is reenacted to read: 893.135 Trafficking; mandatory sentences; suspension or reduction of sentences; conspiracy to engage in trafficking.-(1) Except as authorized in this chapter or in chapter and notwithstanding the provisions of s. 893.13: (l)1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, gram or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or of any mixture containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which felony shall be known as "trafficking in lysergic acid diethylamide (LSD)," punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved: a. Is gram or more, but less than grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years, and the defendant shall be ordered to pay a fine of $50,000. b. Is grams or more, but less than grams, such person shall be sentenced to a mandatory minimum term of imprisonment of years, and the defendant shall be ordered to pay a fine of $100,000. c. Is grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of calendar years and pay a fine of $500,000. 2. Any person who knowingly manufactures or brings into this state grams or more of lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or any mixture containing lysergic acid diethylamide (LSD), and who knows that the probable result of such manufacture or importation would be the death of any person commits capital manufacture or importation of lysergic acid diethylamide (LSD), a capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this paragraph shall also be sentenced to pay the maximum fine provided under subparagraph 1. Section 6. For the purpose of incorporating the amendment made by this act to section 893.03, Florida Statutes, in references thereto, paragraphs (b), (c), and (e) of subsection (3) of section 921.0022, Florida Statutes, are reenacted to read: 921.0022 Criminal Punishment Code; offense severity ranking chart.-(3) OFFENSE SEVERITY RANKING CHART (b) LEVEL 428 Florida Statute Felony Degree Description 379.2431(1)(e)3. 3rd Possession of or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 379.2431(1)(e)4. 3rd Possession of more than marine turtle eggs in violation of the Marine Turtle Protection Act. 403.413(5)(c) 3rd Dumps waste litter exceeding lbs. in weight or cubic feet in volume or any quantity for commercial purposes, or hazardous waste. 517.07 3rd Registration of securities and furnishing of prospectus required. 590.28(1) 3rd Intentional burning of lands. 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $300 or more but less than $5,000. 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $300, taken from unenclosed curtilage of dwelling. 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 817.234(1)(a)2. 3rd False statement in support of insurance claim. 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 817.52(3) 3rd Failure to redeliver hired vehicle. 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 817.60(5) 3rd Dealing in credit cards of another. 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 817.61 3rd Fraudulent use of credit cards over $100 or more within months. 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 831.01 3rd Forgery. 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 831.08 3rd Possessing or more forged notes, bills, checks, or drafts. 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 843.08 3rd Falsely impersonating an officer. 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs other than cannabis. 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 461 (c) LEVEL 462 Florida Statute Felony Degree Description 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 316.066 (4)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 327.35(2)(b) 3rd Felony BUI. 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 379.2431(1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 400.9935(4) 3rd Operating a clinic without a license or filing false license application or other required information. 440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report. 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 697.08 3rd Equity skimming. 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 796.05(1) 3rd Live on earnings of a prostitute. 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 812.0145(2)(c) 3rd Theft from person years of age or older; $300 or more but less than $10,000. 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 817.233 3rd Burning to defraud insurer. 817.234(8)(b)-(c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 817.236 3rd Filing a false motor vehicle insurance application. 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 817.413(2) 3rd Sale of used goods as new. 817.505(4) 3rd Patient brokering. 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 831.29 2nd Possession of instruments for counterfeiting drivers' licenses or identification cards. 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 843.19 3rd Injure, disable, or kill police dog or horse. 860.15(3) 3rd Overcharging for repairs and parts. 870.01(2) 3rd Riot; inciting or encouraging. 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice. 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 944.47(1)(a)1.-2. 3rd Introduce contraband to correctional facility. 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 524 (e) LEVEL 525 Florida Statute Felony Degree Description 316.027(1)(a) 3rd Accidents involving personal injuries, failure to stop; leaving scene. 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 440.10(1)(g) 2nd Failure to obtain workers' compensation coverage. 440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims. 440.381(2) 2nd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 790.01(2) 3rd Carrying a concealed firearm. 790.162 2nd Threat to throw or discharge destructive device. 790.163(1) 2nd False report of deadly explosive or weapon of mass destruction. 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than years. 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender years or older. 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 812.0145(2)(b) 2nd Theft from person years of age or older; $10,000 or more but less than $50,000. 812.015(8) 3rd Retail theft; property stolen is valued at $300 or more and one or more specified acts. 812.019(1) 2nd Stolen property; dealing in or trafficking in. 812.131(2)(b) 3rd Robbery by sudden snatching. 812.16(2) 3rd Owning, operating, or conducting a chop shop. 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of or more individuals. 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device or reencoder. 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child. 827.071(5) 3rd Possess any photographic material, motion picture, etc., which includes sexual conduct by a child. 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death. 843.01 3rd Resist officer with violence to person; resist arrest with violence. 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender years or older. 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment. 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 874.05(2) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of university. 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) within 1,000 feet of property used for religious services or a specified business site. 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)4. drugs) within 1,000 feet of public housing facility. 893.13(4)(b) 2nd Deliver to minor cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 571 Section 7. This act shall take effect July 1, 2011.
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Controlled Substances
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Provides for relief of Eric Brody by Broward County Sheriff's Office; provides for appropriation to compensate him for injuries sustained as result of negligence of BCSO; authorizes Sheriff of Broward County, in lieu of payment, to execute to Eric Brody & his legal guardians assignment of all claims that BCSO has against its insurer arising out of insurer's handling of claim against BCSO; clarifies that such assignment does not impair ability or right of assignees to pursue final judgment & cost judgment against insurer, etc. CLAIM:
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WHEREAS, that same evening, Broward County Sheriff's Deputy Christopher Thieman, who had been visiting his girlfriend and was running late for duty, was driving his Broward County Sheriff's Office cruiser westbound on Oakland Park Boulevard. At the time he left his girlfriend's house, Deputy Thieman had less than minutes to travel miles to make roll call on time, which was mandatory pursuant to sheriff's office policy and procedure, and WHEREAS, at approximately 10:36 p.m., Eric Brody began to make a left-hand turn into his neighborhood at the intersection of N.W. 117th Avenue and Oakland Park Boulevard. Deputy Thieman, who was driving in excess of the 45-mile-per-hour posted speed limit and traveling in the opposite direction, was not within the intersection and was more than feet away from Eric Brody's car when Eric Brody began the turn. Eric Brody's car cleared two of the three westbound lanes on Oakland Park Boulevard, and WHEREAS, Deputy Thieman, who was traveling in the inside westbound lane closest to the median, suddenly and inexplicably steered his vehicle to the right, across the center lane and into the outside lane, where the front end of his car struck the passenger side of Eric's car with great force, just behind the right front wheel and near the passenger door, and WHEREAS, Deputy Thieman testified at trial that he knew that the posted speed limit was miles per hour, but he refused to provide an estimate as to how fast he was traveling before the crash, and WHEREAS, despite the appearance of a conflict of interest, the Broward County Sheriff's Office chose to conduct the official crash investigation instead of deferring to the City of Sunrise Police Department, which also had jurisdiction, or the Florida Highway Patrol (FHP), which often investigates motor vehicle collisions involving non-FHP law enforcement officers so as to avoid any possible conflict of interest, and WHEREAS, in the course of the investigation, the Broward County Sheriff's Office lost key evidence from the crashed vehicles and did not report any witnesses even though the first responders to the crash scene were police officers from the City of Sunrise, and WHEREAS, the Broward County detective who led the crash investigation entered inaccurate data into a computerized accident reconstruction program which skewed the speed at which Deputy Thieman was driving, but, nevertheless, determined that he was still traveling well over the speed limit, and WHEREAS, accident reconstruction experts called by both parties testified that Deputy Thieman was driving at least to more than miles per hour when his vehicle slammed into the passenger side of Eric Brody's car, and WHEREAS, Eric Brody was found unconscious minutes later by paramedics, his head and upper torso leaning upright and toward the passenger-side door. Although he was out of his shoulder harness and seat belt by the time paramedics arrived, the Brodys' attorney proved that Eric was wearing his seat belt and that the 16-year-old seat belt buckle failed during the crash. Photographs taken at the scene by the sheriff's office investigators showed the belt to be fully spooled out because the retractor was jammed, with the belt dangling outside the vehicle from the driver-side door, providing proof that Eric Brody was wearing his seat belt and shoulder harness during the crash, and WHEREAS, accident reconstruction and human factor experts called by both the plaintiff and the defendant agreed that if Deputy Thieman had been driving at the speed limit, Eric Brody would have easily completed his turn, and WHEREAS, the experts also agreed that if Deputy Thieman simply remained within his lane of travel, regardless of his speed, there would not have been a collision, and WHEREAS, in order to investigate the seat-belt defense, experts for Eric Brody recreated the accident using an exact car-to-car crash test that was conducted by a nationally recognized crash test facility. The crash test involved vehicles identical to the Brody and Thieman vehicles, a fully instrumented hybrid III dummy, and high-speed action cameras, and WHEREAS, the crash test proved that Eric Brody was wearing his restraint system during the crash because the seat-belted test dummy struck its head on the passenger door within inches of where Eric Brody's head actually struck the passenger door, and WHEREAS, when Eric Brody's head struck the passenger door of his vehicle, the door crushed inward from the force of the impact with the police cruiser while at the same time his upper torso was moving toward the point of impact and the passenger door. The impact resulted in skull fractures and massive brain sheering, bleeding, bruising, and swelling, and WHEREAS, Eric Brody was airlifted by helicopter to Broward General Hospital where he was placed on a ventilator and underwent an emergency craniotomy and neurosurgery. He began to recover from a deep coma more than months after his injury and underwent extensive rehabilitation, having to relearn how to walk, talk, feed himself, and perform other basic functions, and WHEREAS, Eric Brody, who is now years old, has been left profoundly brain-injured, lives with his parents, and is mostly isolated from his former friends and other young people his age. His speech is barely intelligible and he has significant cognitive dysfunction, judgment impairment, memory loss, and neuro-visual disabilities. Eric Brody also has impaired fine and gross motor skills and very poor balance. Although Eric is able to use a walker for short distances, he mostly uses a wheelchair to get around. The entire left side of his body is partially paralyzed and spastic, and he needs help with many of his daily functions. Eric Brody is permanently and totally disabled; however, he has a normal life expectancy, and WHEREAS, the cost of Eric Brody's life care plan is nearly $10 million, and he has been left totally dependent on public health programs and taxpayer assistance since 1998, and WHEREAS, the Broward County Sheriff's Office was insured for this claim through Ranger Insurance Company and paid more than $400,000 for liability coverage that has a policy limit of $3 million, and WHEREAS, Ranger Insurance Company ignored seven demand letters and other attempts by the Brodys to settle the case for the policy limit, and instead chose to wait for more than years following the date of the accident until the day the trial judge specially set the case for trial before offering to pay the policy limit. By that time nearly $750,000 had been spent preparing the case for trial, and Eric Brody had past due bills and liens of nearly $1.5 million for health and rehabilitative care services. Because of the considerable expenditure of money in preparing the case for trial, the exorbitant costs of Eric Brody's medical bills and liens, and the continually escalating costs of future care, settlement for the policy limit was no longer feasible, and WHEREAS, on December 1, 2005, after a 2-month trial, a Broward County jury consisting of three men and three women found that that Deputy Thieman and the Broward County Sheriff's Office were percent negligent, and Eric Brody was not comparatively negligent, and WHEREAS, the jury found Eric Brody's damages to be $30,690,000, including a determination that his past and future care and other economic damages were $11,326,216, and WHEREAS, final judgment was entered for $30,690,000, and the court entered a cost judgment for $270,372.30, for a total of $30,960,372.30, and WHEREAS, the court denied the Broward County Sheriff's Office posttrial motions for judgment notwithstanding the verdict, new trial, or remittitur, and WHEREAS, the insurer of the Broward County Sheriff's Office retained appellate counsel and elected to appeal the final judgment but not the cost judgment, and WHEREAS, the Fourth District Court of Appeal upheld the verdict in the fall of 2007, and WHEREAS, the insurer of the Broward County Sheriff's Office subsequently petitioned the Florida Supreme Court to seek another appeal, but the petition was denied in April of 2008, and WHEREAS, all legal remedies for all parties involved have been exhausted and this case is ripe for a claim bill, and WHEREAS, upon the passage of a claim bill for any amount in excess of the insurance policy limit of $3 million, the Broward County Sheriff's Office may have a cause of action pursuant to state law against its insurer for bad-faith claims practices, breach of fiduciary duty, breach of contract, and other possible legal remedies which may result in a recovery from the insurer to pay all outstanding sums owed to the guardianship of Eric Brody, and WHEREAS, the Broward County Sheriff's Office has paid $200,000 pursuant to s. 768.28, Florida Statutes, and the final judgment and cost judgment remainder in the amount of $30,760,372.30 is sought through the submission of a claim bill to the Legislature, and WHEREAS, Eric Brody is willing to accept an assignment of all claims the Broward County Sheriff's Office may have against its insurer in lieu of the sheriff's office making any payment on this claim, and WHEREAS, if the Broward County Sheriff's Office assigns all of its claims against its insurer to Eric Brody, he will not hold the sheriff's office responsible for any payment, NOW, THEREFORE, 194 Be It Enacted by the Legislature of the State of Florida: 196 Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The Sheriff of Broward County is authorized and directed to appropriate from funds of the Broward County Sheriff's Office not otherwise appropriated and to draw a warrant payable to Eric Brody in the sum of $30,760,372.30, or all amounts that remain unpaid in accordance with the final judgment and cost judgment as provided for in the preamble of this act. In lieu of payment, the Sheriff of Broward County may assign to Eric Brody and his legal guardians all rights it may have against its liability insurance carrier for breach of contract, breach of fiduciary duty, bad faith, and any similar or related claims that may exist pursuant to state law. If the Sheriff of Broward County makes an assignment to the claimant as provided for in this section, the Broward County Sheriff's Office is not responsible for any further payment to the claimant. Section 3. If the Sheriff of Broward County makes the assignment permitted under section of this act, the protection given to the Broward County Sheriff's Office does not impair in any respect the ability or right of the assignees to pursue the final judgment and cost judgment against the insurer of the Broward County Sheriff's Office, less the $200,000 already paid, pursuant to state law. Section 4. The amount paid by the Broward County Sheriff's Office pursuant to s. 768.28, Florida Statutes, and the amount awarded under this act are intended to provide the sole compensation for all claims against the Broward County Sheriff's Office arising out of the facts described in this act which resulted in the injuries to Eric Brody. The total amount of attorney's fees, lobbying fees, costs, and other similar expenses relating to the claim against the Broward County Sheriff's Office may not exceed percent of the total amount awarded under sections and of this act. Any attorney's fees, costs, and related expenses awarded by a court or earned pursuant to the prosecution of an assigned claim are not limited by this section and shall be earned in accordance with state law. Section 5. This act shall take effect upon becoming a law.
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Relief/Eric Brody/Broward County Sheriff's Office
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Provides exemption from payment of nonresident tuition at state university or Florida College System institution for undocumented student who meets specified requirements; requires Board of Governors of State University System to adopt regulations & State Board of Education to adopt rules.
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An act relating to postsecondary student fees; creating s. 1009.215, F.S.; providing an exemption from payment of nonresident tuition at a state university or a Florida College System institution for an undocumented student who meets specified requirements; requiring the Board of Governors of the State University System to adopt regulations and the State Board of Education to adopt rules; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. Section 1009.215, Florida Statutes, is created to read: 1009.215 Nonresident tuition exemption.-(1) Beginning with the 2011 fall term, an undocumented student, other than a nonimmigrant alien within the meaning of U.S.C. s. 1101(a)(15), is exempt from paying nonresident tuition at a state university or a Florida College System institution if the student meets all of the following requirements: (a) Attended high school in the state for or more years, which need not be consecutive. (b) Graduated from a high school in the state or attained a high school equivalency diploma pursuant to s. 1003.435. (c) Registered as an entering student or is currently enrolled at a state university or a Florida College System institution. (d) Files an affidavit with the state university or the Florida College System institution stating that the student has filed an application to legalize his or her immigration status or will file an application as soon as he or she is eligible to do so. (2) The Board of Governors shall adopt regulations and the State Board of Education shall adopt rules to implement the nonresident tuition exemption provided in this section. Section 2. This act shall take effect July 1, 2011.
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Postsecondary Student Fees
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Revises general requirements for middle grades promotion to require that course in career & education planning explore National Career Clusters; deletes DOE requirement relating to course.
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An act relating to career and education planning; amending s. 1003.4156, F.S.; revising the general requirements for middle grades promotion to require that a course in career and education planning explore the National Career Clusters; deleting a Department of Education requirement relating to the course; providing an effective date. 9 Be It Enacted by the Legislature of the State of Florida: 11 Section 1. Paragraph (a) of subsection (1) of section 1003.4156, Florida Statutes, is amended to read: 1003.4156 General requirements for middle grades promotion.-(1) Beginning with students entering grade in the 2006-2007 school year, promotion from a school composed of middle grades 6, 7, and requires that: (a) The student must successfully complete academic courses as follows: 1. Three middle school or higher courses in English. These courses shall emphasize literature, composition, and technical text. 2. Three middle school or higher courses in mathematics. Each middle school must offer at least one high school level mathematics course for which students may earn high school credit. Successful completion of a high school level Algebra I or geometry course is not contingent upon the student's performance on the end-of-course assessment required under s. 1008.22(3)(c)2.a.(I). However, beginning with the 2011-2012 school year, to earn high school credit for an Algebra I course, a middle school student must pass the Algebra I end-of-course assessment, and beginning with the 2012-2013 school year, to earn high school credit for a geometry course, a middle school student must pass the geometry end-of-course assessment. 3. Three middle school or higher courses in social studies, one semester of which must include the study of state and federal government and civics education. Beginning with students entering grade in the 2012-2013 school year, one of these courses must be at least a one-semester civics education course that a student successfully completes in accordance with s. 1008.22(3)(c) and that includes the roles and responsibilities of federal, state, and local governments; the structures and functions of the legislative, executive, and judicial branches of government; and the meaning and significance of historic documents, such as the Articles of Confederation, the Declaration of Independence, and the Constitution of the United States. 4. Three middle school or higher courses in science. Successful completion of a high school level Biology I course is not contingent upon the student's performance on the end-of-course assessment required under s. 1008.22(3)(c)2.a.(II). However, beginning with the 2012-2013 school year, to earn high school credit for a Biology I course, a middle school student must pass the Biology I end-of-course assessment. 5. One course in career and education planning to be completed in 7th or 8th grade. The course may be taught by any member of the instructional staff; must include career exploration aligned to the National Career Clusters supported by Florida's Career Clusters Initiative; must include career exploration using Florida CHOICES or a comparable cost-effective program; must include educational planning using the online student advising system known as Florida Academic Counseling and Tracking for Students at the Internet website FACTS.org; and shall result in the completion of a personalized academic and career plan. The required personalized academic and career plan must inform students of high school graduation requirements, high school assessment and college entrance test requirements, Florida Bright Futures Scholarship Program requirements, state university and Florida college admission requirements, and programs through which a high school student can earn college credit, including Advanced Placement, International Baccalaureate, Advanced International Certificate of Education, dual enrollment, career academy opportunities, and courses that lead to national industry certification. 76 Each school must hold a parent meeting either in the evening or on a weekend to inform parents about the course curriculum and activities. Each student shall complete an electronic personal education plan that must be signed by the student; the student's instructor, guidance counselor, or academic advisor; and the student's parent. The Department of Education shall develop course frameworks and professional development materials for the career exploration and education planning course. The course may be implemented as a stand-alone course or integrated into another course or courses. The Commissioner of Education shall collect longitudinal high school course enrollment data by student ethnicity in order to analyze course-taking patterns. Section 2. This act shall take effect July 1, 2011.
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Career and Education Planning
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