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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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Clarifies & reorganizes provisions that preempt to state entire field of regulation of firearms; prohibits knowing & willful violation of Legislature's occupation of whole field of regulation of firearms & ammunition by enactment or causation of enforcement of any local ordinance or administrative rule or regulation; provides additional intent of section; eliminates provisions authorizing counties to adopt ordinance requiring waiting period between purchase & delivery of handgun, etc.
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An act relating to the regulation of firearms and ammunition; amending s. 790.33, F.S.; clarifying and reorganizing provisions that preempt to the state the entire field of regulation of firearms; prohibiting the knowing and willful violation of the Legislature's occupation of the whole field of regulation of firearms and ammunition by the enactment or causation of enforcement of any local ordinance or administrative rule or regulation; providing additional intent of the section; eliminating provisions authorizing counties to adopt an ordinance requiring a waiting period between the purchase and delivery of a handgun; providing injunctive relief from the enforcement of an invalid ordinance, regulation, or rule; providing a civil penalty for knowing and willful violation of prohibitions; providing that public funds may not be used to defend or reimburse the unlawful conduct of any person charged with a knowing and willful violation of the act; providing for termination of employment or contract or removal from office of a person acting in an official capacity who knowingly and willfully violates any provision of the act; providing for declaratory and injunctive relief for specified persons or organizations; providing for specified damages and interest; providing exceptions to prohibitions of the section; providing an effective date. 28 Be It Enacted by the Legislature of the State of Florida: 30 Section 1. Section 790.33, Florida Statutes, is amended to read: 790.33 Field of regulation of firearms and ammunition preempted.-(1) PREEMPTION.-Except as expressly provided by the State Constitution or general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, storage, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or any administrative regulations or rules adopted by local or state government relating thereto. Any such existing ordinances,rules, or regulations are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited. (2) LIMITED EXCEPTION; COUNTY WAITING-PERIOD ORDINANCES.-(a) Any county may have the option to adopt a waiting-period ordinance requiring a waiting period of up to, but not to exceed, working days between the purchase and delivery of a handgun. For purposes of this subsection, "purchase" means payment of deposit, payment in full, or notification of intent to purchase. Adoption of a waiting-period ordinance, by any county, shall require a majority vote of the county commission on votes on waiting-period ordinances. This exception is limited solely to individual counties and is limited to the provisions and restrictions contained in this subsection. (b) Ordinances authorized by this subsection shall apply to all sales of handguns to individuals by a retail establishment except those sales to individuals exempted in this subsection. For purposes of this subsection, "retail establishment" means a gun shop, sporting goods store, pawn shop, hardware store, department store, discount store, bait or tackle shop, or any other store or shop that offers handguns for walk-in retail sale but does not include gun collectors shows or exhibits, or gun shows. (c) Ordinances authorized by this subsection shall not require any reporting or notification to any source outside the retail establishment, but records of handgun sales must be available for inspection, during normal business hours, by any law enforcement agency as defined in s. 934.02. (d) The following shall be exempt from any waiting period: 1. Individuals who are licensed to carry concealed firearms under the provisions of s. 790.06 or who are licensed to carry concealed firearms under any other provision of state law and who show a valid license; 2. Individuals who already lawfully own another firearm and who show a sales receipt for another firearm; who are known to own another firearm through a prior purchase from the retail establishment; or who have another firearm for trade-in; 3. A law enforcement or correctional officer as defined in s. 943.10; 4. A law enforcement agency as defined in s. 934.02; 5. Sales or transactions between dealers or between distributors or between dealers and distributors who have current federal firearms licenses; or 6. Any individual who has been threatened or whose family has been threatened with death or bodily injury, provided the individual may lawfully possess a firearm and provided such threat has been duly reported to local law enforcement. (2) (3) POLICY AND INTENT.-(a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. (b) It is further the intent of this section to deter and prevent the violation of this section and the violation of rights protected under the constitution and laws of this state related to firearms, ammunition, or components thereof, by the abuse of official authority that occurs when enactments are passed in violation of state law or under color of local or state authority. (3) PROHIBITIONS; PENALTIES.-(a) Any person, county, agency, municipality, district, or other entity that violates the Legislature's occupation of the whole field of regulation of firearms and ammunition, as declared in subsection (1), by enacting or causing to be enforced any local ordinance or administrative rule or regulation impinging upon such exclusive occupation of the field shall be liable as set forth herein. (b) If any county, city, town, or other local government violates this section, the court shall declare the improper ordinance, regulation, or rule invalid and issue a permanent injunction against the local government prohibiting it from enforcing such ordinance, regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the local government was acting in good faith or upon advice of counsel. (c) If the court determines that a violation was knowing and willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed local government official or officials or administrative agency head under whose jurisdiction the violation occurred. (d) Except as required by applicable law, public funds may not be used to defend or reimburse the unlawful conduct of any person found to have knowingly and willfully violated this section. (e) A knowing and willful violation of any provision of this section by a person acting in an official capacity for any entity enacting or causing to be enforced a local ordinance or administrative rule or regulation prohibited under paragraph (a) or otherwise under color of law shall be cause for termination of employment or contract or removal from office by the Governor. (f) A person or an organization whose membership is adversely affected by any ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated or caused to be enforced in violation of this section may file suit against any county, agency, municipality, district, or other entity in any court of this state having jurisdiction over any defendant to the suit for declaratory and injunctive relief and for actual damages, as limited herein, caused by the violation. A court shall award the prevailing plaintiff in any such suit: 1. Reasonable attorney's fees and costs in accordance with the laws of this state, including a contingency fee multiplier, as authorized by law; and 2. The actual damages incurred, but not more than $100,000. 158 Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate from the date on which suit was filed. (4) EXCEPTIONS.-This section does not prohibit: (a) Zoning ordinances that encompass firearms businesses along with other businesses, except that zoning ordinances that are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited; (b) A duly organized law enforcement agency from enacting and enforcing regulations pertaining to firearms, ammunition, or firearm accessories issued to or used by peace officers in the course of their official duties; (c) Except as provided in s. 790.251, any entity subject to the prohibitions of this section from regulating or prohibiting the carrying of firearms and ammunition by an employee of the entity during and in the course of the employee's official duties; (d) A court or administrative law judge from hearing and resolving any case or controversy or issuing any opinion or order on a matter within the jurisdiction of that court or judge; or (e) The Florida Fish and Wildlife Conservation Commission from regulating the use of firearms or ammunition as a method of taking wildlife and regulating the shooting ranges managed by the commission. (5) (b) SHORT TITLE.-As created by chapter 87-23, Laws of Florida, this section shall be known and may be cited as the "Joe Carlucci Uniform Firearms Act." Section 2. This act shall take effect October 1, 2011.
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Regulation of Firearms and Ammunition
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Terminates administration of FCAT to students in grades 9 through 12; requires PSAT/NMSQT or ACT's EXPLORE & PLAN tests to replace grade 10 FCAT for purposes of measuring student's knowledge & skills; requires students to take PSAT/NMSQT in grade 10 or ACT's EXPLORE & PLAN tests in grades 9 & 10, respectively, & earn passing scores to qualify for standard high school diploma; requires State Board of Education to designate passing scores; requires use of student performance on tests for school grading purposes, etc.
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An act relating to student assessment in the public schools; terminating the administration of the Florida Comprehensive Assessment Test (FCAT) to students in grades 9 through 12; requiring the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) or the ACT's EXPLORE and PLAN tests to replace the grade FCAT for purposes of measuring a student's knowledge and skills; requiring students to take the PSAT/NMSQT in grade or the ACT's EXPLORE and PLAN tests in grades and 10, respectively; requiring students to earn passing scores on the PSAT/NMSQT or the ACT's EXPLORE and PLAN tests to qualify for a standard high school diploma; requiring the State Board of Education to designate passing scores; requiring use of student performance on the PSAT/NMSQT or the ACT's EXPLORE and PLAN tests for school grading purposes; providing for application beginning with students entering grade in the 2012-2013 school year; providing an effective date. 21 Be It Enacted by the Legislature of the State of Florida: 23 Section 1. Notwithstanding ss. 1003.428, 1003.429, and 1008.22, Florida Statutes, and any other provision of law to the contrary, the Florida Comprehensive Assessment Test (FCAT) shall not be administered to students in grades through 12. The Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT/NMSQT) or the ACT's EXPLORE and PLAN tests shall replace the grade FCAT for purposes of measuring a student's knowledge and skills in reading, mathematics, and writing. The PSAT/NMSQT shall be taken by students in grade or the ACT's EXPLORE and PLAN tests shall be taken by students in grades and 10, respectively, to provide teachers and students with feedback on a student's strengths and weaknesses and shall be used as practice and preparation for the SAT Reasoning Test (SAT) or the ACT as part of the college admission process. Students must earn a passing score on the PSAT/NMSQT or the ACT's EXPLORE and PLAN tests in reading, mathematics, and writing to qualify for a standard high school diploma. The State Board of Education shall designate for each section of the PSAT/NMSQT and the ACT's EXPLORE and PLAN tests a passing score that is aligned to the Next Generation Sunshine State Standards and demonstrates the proficiency level required for high school graduation. If a required passing score is raised by the State Board of Education, the passing score shall apply only to students taking the PSAT/NMSQT or the ACT's EXPLORE and PLAN tests for the first time after such designation. For purposes of the public school grading system under ss. 1008.34 and 1008.341, Florida Statutes, student performance on the PSAT/NMSQT or the ACT's EXPLORE and PLAN tests shall be used in place of student performance on the FCAT, as applicable. The provisions of this section shall apply to public school students entering grade in the 2012-2013 school year and thereafter. Section 2. This act shall take effect July 1, 2011.
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Student Assessment in the Public Schools
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Provides that FCAT shall be discontinued & shall not be administered to public school students; requires High School Competency Test (HSCT) to replace grade 10 FCAT; requires student to earn passing scores on HSCT to qualify for standard high school diploma; requires State Board of Education to designate passing scores; provides for implementation beginning with 2013-2014 school year.
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An act relating to student assessment in the public schools; providing that the Florida Comprehensive Assessment Test (FCAT) shall be discontinued; requiring the High School Competency Test (HSCT) to replace the grade FCAT; requiring a student to earn passing scores on the HSCT to qualify for a standard high school diploma; requiring the State Board of Education to designate passing scores; providing for implementation beginning with the 2013-2014 school year; providing an effective date. 13 Be It Enacted by the Legislature of the State of Florida: 15 Section 1. Notwithstanding any provision of law to the contrary, beginning with the 2013-2014 school year: (1) The Florida Comprehensive Assessment Test (FCAT) shall be discontinued and shall not be administered to public school students. (2) The High School Competency Test (HSCT) shall replace the grade FCAT. Students must earn passing scores on both the communications skills section and the mathematical skills section of the HSCT to qualify for a standard high school diploma. (3) The State Board of Education shall designate a passing score for each section of the HSCT. If a passing score is raised by the State Board of Education, the passing score shall apply only to students taking the HSCT for the first time after such designation. Section 2. This act shall take effect July 1, 2011.
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Student Assessment in the Public Schools
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Requires each district school board code of student conduct to include explanation of student responsibilities with regard to appropriate student dress; requires each district school board to adopt dress code policy that prohibits student from wearing clothing that exposes underwear or body parts in specified manner; provides disciplinary actions for violation of dress code; requires adherence to code of student conduct for participation in extracurricular activities.
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An act relating to the code of student conduct; amending s. 1006.07, F.S.; requiring the district school board to include in the code of student conduct adopted by the board an explanation of the responsibilities of each student with regard to appropriate dress and respect for self and others, and the role that appropriate dress and respect for self and others has on an orderly learning environment; requiring each district school board to adopt a dress code policy that prohibits a student, while on the grounds of a public school during the regular school day, from wearing clothing that exposes underwear or body parts in an indecent or vulgar manner or that disrupts the orderly learning environment; providing disciplinary actions for students who violate the dress code; amending s. 1006.15, F.S.; providing that adherence to appropriate dress and other codes of student conduct is a prerequisite for a student to be eligible to participate in interscholastic extracurricular student activities; reenacting s. 1002.23(7), F.S., relating to a parent guide to successful student achievement to be adopted by each school district board, to incorporate the amendment made to s. 1006.07, F.S., in a reference thereto; providing an effective date. 26 Be It Enacted by the Legislature of the State of Florida: 28 Section 1. Present paragraphs (d) through (l) of subsection (2) of section 1006.07, Florida Statutes, are redesignated as paragraphs (e) through (m), respectively, and a new paragraph (d) is added to that subsection to read: 1006.07 District school board duties relating to student discipline and school safety.-The district school board shall provide for the proper accounting for all students, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students, including: (2) CODE OF STUDENT CONDUCT.-Adopt a code of student conduct for elementary schools and a code of student conduct for middle and high schools and distribute the appropriate code to all teachers, school personnel, students, and parents, at the beginning of every school year. Each code shall be organized and written in language that is understandable to students and parents and shall be discussed at the beginning of every school year in student classes, school advisory council meetings, and parent and teacher association or organization meetings. Each code shall be based on the rules governing student conduct and discipline adopted by the district school board and shall be made available in the student handbook or similar publication. Each code shall include, but is not limited to: (d)1. An explanation of the responsibilities of each student with regard to appropriate dress, respect for self and others, and the role that appropriate dress and respect for self and others has on an orderly learning environment. Each district school board shall adopt a dress code policy that prohibits a student, while on the grounds of a public school during the regular school day, from wearing clothing that exposes underwear or body parts in an indecent or vulgar manner or that disrupts the orderly learning environment. 2. Any student who violates the dress policy described in subparagraph 1. is subject to the following disciplinary actions: a. For a first offense, a student will be given a verbal warning and the school principal shall call the student's parent or guardian. b. For a second offense, the student will be ineligible to participate in any extracurricular activity for a period of time not to exceed days and the school principal shall meet with the student's parent or guardian. c. For a third offense or subsequent offense, a student will receive an in-school suspension pursuant to s. 1003.01(5)(b) for a period of time not to exceed days, the student will be ineligible to participate in any extracurricular activity for a period of time not to exceed days, and the school principal shall call the student's parent or guardian and send the parent or guardian a written letter regarding the student's in-school suspension and ineligibility to participate in extracurricular activities. Section 2. Paragraph (a) of subsection (3) of section 1006.15, Florida Statutes, is amended to read: 1006.15 Student standards for participation in interscholastic and intrascholastic extracurricular student activities; regulation.-(3)(a) To be eligible to participate in interscholastic extracurricular student activities, a student must: 1. Maintain a grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the previous semester or a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the courses required by s. 1003.43(1). 2. Execute and fulfill the requirements of an academic performance contract between the student, the district school board, the appropriate governing association, and the student's parents, if the student's cumulative grade point average falls below 2.0, or its equivalent, on a 4.0 scale in the courses required by s. 1003.43(1) or, for students who entered the 9th grade prior to the 1997-1998 school year, if the student's cumulative grade point average falls below 2.0 on a 4.0 scale, or its equivalent, in the courses required by s. 1003.43(1) which that are taken after July 1, 1997. At a minimum, the contract must require that the student attend summer school, or its graded equivalent, between grades and or grades and 11, as necessary. 3. Have a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the courses required by s. 1003.43(1) during his or her junior or senior year. 4. Maintain satisfactory conduct,including adherence to appropriate dress and other codes of student conduct policies described in s. 1006.07(2). and, If a student is convicted of, or is found to have committed, a felony or a delinquent act that which would have been a felony if committed by an adult, regardless of whether adjudication is withheld, the student's participation in interscholastic extracurricular activities is contingent upon established and published district school board policy. Section 3. For the purpose of incorporating the amendment made by this act to section 1006.07, Florida Statutes, in a reference thereto, subsection (7) of section 1002.23, Florida Statutes, is reenacted to read: 1002.23 Family and School Partnership for Student Achievement Act.-(7) Each school district shall develop and disseminate a parent guide to successful student achievement, consistent with the guidelines of the Department of Education, which addresses what parents need to know about their child's educational progress and how parents can help their child to succeed in school. The guide must: (a) Be understandable to students and parents; (b) Be distributed to all parents, students, and school personnel at the beginning of each school year; (c) Be discussed at the beginning of each school year in meetings of students, parents, and teachers; (d) Include information concerning services, opportunities, choices, academic standards, and student assessment; and (e) Provide information on the importance of student health and available immunizations and vaccinations, including, but not limited to: 1. A recommended immunization schedule in accordance with United States Centers for Disease Control and Prevention recommendations. 2. Detailed information regarding the causes, symptoms, and transmission of meningococcal disease and the availability, effectiveness, known contraindications, and appropriate age for the administration of any required or recommended vaccine against meningococcal disease, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention. 150 The parent guide may be included as a part of the code of student conduct that is required in s. 1006.07(2). Section 4. This act shall take effect July 1, 2011.
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Code of Student Conduct
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Provides for relief of Ashraf Kamel & Marguerite Dimitri by Palm Beach County School Board; provides for appropriation to compensate them for wrongful death of their minor child, Jean A. Pierre Kamel, as result of negligence of school board; provides limitation on payment of fees & costs. CLAIM:
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WHEREAS, Jean A. Pierre Kamel's surviving father, Ashraf Kamel, brought a wrongful-death action against the Palm Beach County School Board seeking damages for Marguerite Dimitri, Jean's mother, and himself for their anguish and mental pain and suffering due to the tragic death of their minor son, and WHEREAS, before the shooting occurred, Tronneal Mangum and Jean Kamel, both of whom were students at Conniston, had a prior confrontation, namely Mangum's kicking Jean Kamel in his prosthetic leg, and WHEREAS, Jean Kamel and Tronneal Mangum met with a guidance counselor and told the counselor that Mangum had a watch that belonged to Jean Kamel, and WHEREAS, Jean Kamel told an agent or employee of the school board that "Tronneal is out to get me" just days before he was shot and killed, and WHEREAS, on the day of the shooting, Tronneal Mangum traveled to Conniston Middle School on the school bus with a loaded firearm and entered school property carrying the weapon, and WHEREAS, the Palm Beach County School Board was on notice that students had brought firearms to Conniston Middle School on previous occasions, and WHEREAS, on February 8, 2002, a Palm Beach County jury found that the Palm Beach County School Board was negligent and 80 percent liable for the death of Jean Kamel, and that Jean Kamel was percent comparatively negligent for his own death, and WHEREAS, the same jury determined that the amount of damages of Ashraf Kamel and Marguerite Dimitri for their anguish and mental pain and suffering as a result of the negligence of the Palm Beach County School Board was $2 million, and WHEREAS, on February 22, 2002, the circuit court reduced the jury verdict to final judgment in the sum of $1,602,400, based on the offset for percent comparative negligence, and WHEREAS, on May 14, 2002, the circuit court entered a cost judgment in favor of Ashraf Kamel in the amount of $13,490, and WHEREAS, the Palm Beach County School Board appealed the final judgment, and the Fourth District Court of Appeal rejected the appeal in a per curiam affirmed opinion issued on February 12, 2003, and WHEREAS, on February 27, 2003, the Palm Beach County School Board filed a Motion for Rehearing and Certification of Issues of Great Public Importance, which was denied by the Fourth District Court of Appeal on March 20, 2003, and WHEREAS, on April 17, 2003, the Palm Beach County School Board tendered to Ashraf Kamel, as personal representative of the Estate of Jean A. Pierre Kamel, a payment of $200,000, in accordance with the statutory limits of liability set forth in s. 768.28, Florida Statutes, and WHEREAS, Ashraf Kamel and Marguerite Dimitri and the Palm Beach County School Board agreed to settle the claim for a total of $560,000, and WHEREAS, Ashraf Kamel, as personal representative of the Estate of Jean A. Pierre Kamel, seeks satisfaction of the $360,000 balance of the settlement agreement, NOW, THEREFORE, 71 Be It Enacted by the Legislature of the State of Florida: 73 Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The Palm Beach County School Board is authorized and directed to appropriate from funds of the school board not otherwise encumbered and to draw a warrant payable to Ashraf Kamel, as personal representative of the Estate of Jean A. Pierre Kamel, for the total amount of $180,000, to compensate Ashraf Kamel for injuries and damages sustained due to the death of Jean A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite Dimitri, as a result of the negligence of the school board. Section 3. The Palm Beach County School Board is authorized and directed to appropriate from funds of the school board not otherwise encumbered and to draw a warrant payable to Marguerite Dimitri for the amount of $180,000, to compensate Marguerite Dimitri for injuries and damages sustained due to the death of Jean A. Pierre Kamel, minor son of Ashraf Kamel and Marguerite Dimitri, as a result of the negligence of the school board. Section 4. The amount paid by the Palm Beach County School Board pursuant to s. 768.28, Florida Statutes, and the amounts awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in the death of Jean A. Pierre Kamel. The total amount paid for attorney's fees, lobbying fees, costs, and other similar expenses relating to this claim may not exceed percent of the total amounts awarded under this act. Section 5. This act shall take effect upon becoming a law.
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Relief/Kamel & Dimitri/Palm Beach Co. School Board
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Authorizes sheriff to charge fee for processing writ of execution; authorizes person to provide sheriff with electronic copy of service of process; directs process server to place required information on first page of at least one of processes served; requires process server to list all initial pleadings delivered & served along with process on return-of-service form; requires person issuing process to file return-of-service form with court, etc.
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An act relating to service of process; amending s. 30.231, F.S.; authorizing a sheriff to charge a fee for processing a writ of execution; authorizing a person to provide the sheriff with an electronic copy of a process for service; amending s. 48.031, F.S.; directing a process server to place required information on the first page of at least one of the processes served; requiring a process server to list all initial pleadings delivered and served along with the process on the return-of-service form; requiring the person issuing the process to file the return-of-service form with the court; granting authorized process servers unannounced access to specified residential areas where a defendant or witness resides or is known to be; amending s. 48.081, F.S.; authorizing a person attempting to serve process on the registered agent of a corporation to serve the process, in specified circumstances, on any employee of the registered agent during the first attempt at service even if the registered agent is temporarily absent from his or her office; amending s. 48.151, F.S.; revising the number of copies of process that must be served on statutory agents for certain persons; providing that records may be retained as paper or electronic copies; amending s. 48.21, F.S.; requiring a process server to sign the return-of-service form; authorizing an employee of a sheriff to sign a return-of-service form electronically; providing that the failure to sign a return-of-service form invalidates the service and subjects the process server to a fine; amending s. 48.29, F.S.; directing a process server to place required information on the first page of at least one of the processes served; amending s. 624.423, F.S.; reducing the number of copies to be served on the Chief Financial Officer or an assistant as process agent of an insurer; providing that records may be retained as paper or electronic copies; providing an effective date. 38 Be It Enacted by the Legislature of the State of Florida: 40 Section 1. Paragraph (d) of subsection (1) and subsection (3) of section 30.231, Florida Statutes, are amended to read: 30.231 Sheriffs' fees for service of summons, subpoenas, and executions.-(1) The sheriffs of all counties of the state in civil cases shall charge fixed, nonrefundable fees for docketing and service of process, according to the following schedule: (d) Executions: 1. Forty dollars for processing docketing and indexing each writ of execution, regardless of the number of persons involved. 2. Fifty dollars for each levy. a. A levy is considered made when any property or any portion of the property listed or unlisted in the instructions for levy is seized, or upon demand of the sheriff the writ is satisfied by the defendant in lieu of seizure. Seizure requires that the sheriff take actual possession, if practicable, or, alternatively, constructive possession of the property by order of the court. b. When the instructions are for levy upon real property, a levy fee is required for each parcel described in the instructions. c. When the instructions are for levy based upon personal property, one fee is allowed, unless the property is seized at different locations, conditional upon all of the items being advertised collectively and the sale being held at a single location. However, if the property seized cannot be sold at one location during the same sale as advertised, but requires separate sales at different locations, the sheriff is then authorized to impose a levy fee for the property and sale at each location. 3. Forty dollars for advertisement of sale under process. 4. Forty dollars for each sale under process. 5. Forty dollars for each deed, bill of sale, or satisfaction of judgment. (3) It shall be the responsibility of The party requesting service of process must to furnish to the sheriff the original process, or a certified copy of the process,or an electronic copy of the process, which was signed and certified by the clerk of court, and sufficient copies to be served on the parties receiving the service of process. The party requesting service of process shall provide the sheriff with the best known address where the person may be served. Failure to perfect service at the address provided does not excuse the sheriff from his or her duty to exercise due diligence in locating the person to be served. Section 2. Subsection (5) of section 48.031, Florida Statutes, is amended, and subsection (7) is added to that section, to read: 48.031 Service of process generally; service of witness subpoenas.-(5) A person serving process shall place, on the first page of at least one of the processes copy served, the date and time of service and his or her identification number and initials for all service of process. The person serving process shall list on the return-of-service form all initial pleadings delivered and served along with the process. The person issuing the process shall file the return-of-service form with the court. (7) A gated residential community, including a condominium association or a cooperative, shall grant unannounced entry into the community, including its common areas and common elements, to a person who is attempting to serve process on a defendant or witness who resides within or is known to be within the community. Section 3. Paragraph (a) of subsection (3) of section 48.081, Florida Statutes, is amended to read: 48.081 Service on corporation.-(3)(a) As an alternative to all of the foregoing, process may be served on the agent designated by the corporation under s. 48.091. However, if service cannot be made on a registered agent because of failure to comply with s. 48.091, service of process shall be permitted on any employee at the corporation's principal place of business or on any employee of the registered agent. A person attempting to serve process pursuant to this paragraph may serve the process on any employee of the registered agent during the first attempt at service even if the registered agent is temporarily absent from his or her office. Section 4. Subsection (1) of section 48.151, Florida Statutes, is amended, and subsection (6) is added to that section, to read: 48.151 Service on statutory agents for certain persons.-(1) When any law designates a public officer, board, agency, or commission as the agent for service of process on any person, firm, or corporation, service of process thereunder shall be made by leaving one copy two copies of the process with the public officer, board, agency, or commission or in the office thereof, or by mailing one copy said copies to the public officer, board, agency, or commission. The public officer, board, agency, or commission so served shall retain a record file one copy in his or her or its records and promptly send the other copy served,by registered or certified mail, to the person to be served as shown by his or her or its records. Proof of service on the public officer, board, agency, or commission shall be by a notice accepting the process which shall be issued by the public officer, board, agency, or commission promptly after service and filed in the court issuing the process. The notice accepting service shall state the date upon which the copy of the process was mailed by the public officer, board, agency, or commission to the person being served and the time for pleading prescribed by the rules of procedure shall run from this date. The service is valid service for all purposes on the person for whom the public officer, board, agency, or commission is statutory agent for service of process. (6) For purposes of this section, records may be retained as paper or electronic copies. Section 5. Section 48.21, Florida Statutes, is amended to read: 48.21 Return of execution of process.-(1) Each person who effects service of process shall note on a return-of-service form attached thereto, the date and time when it comes to hand, the date and time when it is served, the manner of service, the name of the person on whom it was served and, if the person is served in a representative capacity, the position occupied by the person. The return-of-service form must be signed by the person who effects the service of process. However, a person employed by a sheriff who effects the service of process may sign the return-of-service form using an electronic signature certified by the sheriff. (2) A failure to state the foregoing facts or to include the signature required by subsection (1) invalidates the service, but the return is amendable to state the facts or to include the signature truth at any time on application to the court from which the process issued. On amendment, service is as effective as if the return had originally stated the omitted facts or included the signature.A failure to state all the facts in or to include the signature on the return shall subject the person effecting service to a fine not exceeding $10, in the court's discretion. Section 6. Subsection (6) of section 48.29, Florida Statutes, is amended to read: 48.29 Certification of process servers.-(6) A certified process server shall place the information required provided in s. 48.031(5) on the first page of at least one of the processes copy served. Return of service shall be made by a certified process server on a form which has been reviewed and approved by the court. Section 7. Subsection (1) of section 624.423, Florida Statutes, is amended to read: 624.423 Serving process.-(1) Service of process upon the Chief Financial Officer as process agent of the insurer (under s. 624.422) shall be made by serving a copy copies in triplicate of the process upon the Chief Financial Officer or upon her or his assistant, deputy, or other person in charge of her or his office. Upon receiving such service, the Chief Financial Officer shall retain a record file one copy in her or his office, return one copy with her or his admission of service, and promptly forward one copy of the process by registered or certified mail to the person last designated by the insurer to receive the same, as provided under s. 624.422(2). For purposes of this section, records may be retained as paper or electronic copies. Section 8. This act shall take effect July 1, 2011.
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Service of Process
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Requires all offenders sentenced to postadjudicatory drug court program who are drug court participants who are subject of violation of probation or community control hearing under specified provisions to have violation of probation or community control heard by judge presiding over drug court program; increases number of Criminal Punishment Code scoresheet total sentence points that defendant may have & be eligible for postadjudicatory treatment-based drug court program, etc.
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An act relating to treatment-based drug court programs; amending s. 397.334, F.S.; requiring all offenders sentenced to a postadjudicatory drug court program who are drug court participants who are the subject of a violation of probation or community control hearing under specified provisions to have the violation of probation or community control heard by the judge presiding over the drug court program; providing that treatment-based drug court programs may include postadjudicatory programs provided under specified provisions; amending s. 921.0026, F.S.; increasing the number of Criminal Punishment Code scoresheet total sentence points that a defendant may have and be eligible for a postadjudicatory treatment-based drug court program; amending s. 948.01, F.S.; increasing the number of Criminal Punishment Code scoresheet total sentence points that a defendant may have and be eligible for a postadjudicatory treatment-based drug court program; amending s. 948.06, F.S.; making defendants other than those who have violated probation or community control by a failed or suspect substance abuse test eligible for postadjudicatory treatment-based drug court programs; increasing the number of Criminal Punishment Code scoresheet total sentence points that a defendant may have and be eligible for a postadjudicatory treatment-based drug court program; amending s. 948.20, F.S.; increasing the number of Criminal Punishment Code scoresheet total sentence points that a defendant may have and be eligible for a postadjudicatory treatment-based drug court program; providing an effective date. 32 Be It Enacted by the Legislature of the State of Florida: 34 Section 1. Paragraph (b) of subsection (3) and subsection (5) of section 397.334, Florida Statutes, are amended to read: 397.334 Treatment-based drug court programs.-(3) (b) An offender who is sentenced to a postadjudicatory drug court program and who, while a drug court participant, is the subject of a violation of probation or community control under s. 948.06,based solely upon a failed or suspect substance abuse test administered pursuant to s. 948.01 or s. 948.03, shall have the violation of probation or community control heard by the judge presiding over the postadjudicatory drug court program. The judge shall dispose of any such violation, after a hearing on or admission of the violation, as he or she deems appropriate if the resulting sentence or conditions are lawful. (5) Treatment-based drug court programs may include pretrial intervention programs as provided in ss. 948.08, 948.16, and 985.345, treatment-based drug court programs authorized in chapter 39, postadjudicatory programs as provided in ss. 948.01, 948.06, and 948.20,and review of the status of compliance or noncompliance of sentenced offenders through a treatment-based drug court program. While enrolled in a treatment-based drug court program, the participant is subject to a coordinated strategy developed by a drug court team under subsection (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 secure detention under chapter if a child or a period of incarceration within the time limits established for contempt of court if an adult. The coordinated strategy must be provided in writing to the participant before the participant agrees to enter into a treatment-based drug court program. Section 2. Paragraph (m) of subsection (2) of section 921.0026, Florida Statutes, is amended to read: 921.0026 Mitigating circumstances.-This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998. (2) Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to: (m) The defendant's offense is a nonviolent felony, the defendant's Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are points or fewer, and the court determines that the defendant is amenable to the services of a postadjudicatory treatment-based drug court program and is otherwise qualified to participate in the program as part of the sentence. For purposes of this paragraph, the term "nonviolent felony" has the same meaning as provided in s. 948.08(6). Section 3. Paragraph (a) of subsection (7) of section 948.01, Florida Statutes, is amended to read: 948.01 When court may place defendant on probation or into community control.-(7)(a) Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, the sentencing court may place the defendant into a postadjudicatory treatment-based drug court program if the defendant's Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are 52 points or fewer,and the offense defendant is a nonviolent felony offender,the defendant is amenable to substance abuse treatment, and the defendant otherwise qualifies under s. 397.334(3). The satisfactory completion of the program shall be a condition of the defendant's probation or community control. As used in this subsection, the term "nonviolent felony" means a third degree felony violation under chapter or any other felony offense that is not a forcible felony as defined in s. 776.08. Section 4. Paragraph (i) of subsection (2) of section 948.06, Florida Statutes, is amended to read: 948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.-(2) (i)1. Notwithstanding s. 921.0024 and effective for offenses committed on or after July 1, 2009, the court may order the defendant to successfully complete a postadjudicatory treatment-based drug court program if: a. The court finds or the offender admits that the offender has violated his or her community control or probation and the violation was due only to a failed or suspect substance abuse test;b. The offender's Criminal Punishment Code scoresheet total sentence points under s. 921.0024 are points or fewer after including points for the violation; c. The underlying offense is a nonviolent felony. As used in this subsection, the term "nonviolent felony" means a third degree felony violation under chapter or any other felony offense that is not a forcible felony as defined in s. 776.08; d. The court determines that the offender is amenable to the services of a postadjudicatory treatment-based drug court program; e. The court has explained the purpose of the program to the offender and the offender has agreed to participate; and f. The offender is otherwise qualified to participate in the program under the provisions of s. 397.334(3). 2. After the court orders the modification of community control or probation, the original sentencing court shall relinquish jurisdiction of the offender's case to the postadjudicatory treatment-based drug court program until the offender is no longer active in the program, the case is returned to the sentencing court due to the offender's termination from the program for failure to comply with the terms thereof, or the offender's sentence is completed. Section 5. Section 948.20, Florida Statutes, is amended to read: 948.20 Drug offender probation.-(1) If it appears to the court upon a hearing that the defendant is a chronic substance abuser whose criminal conduct is a violation of s. 893.13(2)(a) or (6)(a), or other nonviolent felony if such nonviolent felony is committed on or after July 1, 2009, and notwithstanding s. 921.0024 the defendant's Criminal Punishment Code scoresheet total sentence points are 52 points or fewer, the court may either adjudge the defendant guilty or stay and withhold the adjudication of guilt. In either case, the court may also stay and withhold the imposition of sentence and place the defendant on drug offender probation or into a postadjudicatory treatment-based drug court program if the defendant otherwise qualifies. As used in this section, the term "nonviolent felony" means a third degree felony violation under chapter or any other felony offense that is not a forcible felony as defined in s. 776.08. (2) (1) The Department of Corrections shall develop and administer a drug offender probation program which emphasizes a combination of treatment and intensive community supervision approaches and which includes provision for supervision of offenders in accordance with a specific treatment plan. The program may include the use of graduated sanctions consistent with the conditions imposed by the court. Drug offender probation status shall include surveillance and random drug testing, and may include those measures normally associated with community control, except that specific treatment conditions and other treatment approaches necessary to monitor this population may be ordered. (3) (2) Offenders placed on drug offender probation are subject to revocation of probation as provided in s. 948.06. Section 6. This act shall take effect July 1, 2011.
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Teatment-based Drug Court Programs
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Creates "Florida Ban on Texting While Driving Law"; prohibits operation of motor vehicle while using wireless communications device; provides for enforcement as secondary action; provides for assessment of points against driver's license for unlawful use of wireless communications device resulting in crash.
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An act relating to use of wireless communications devices while driving; creating s. 316.305, F.S.; creating the "Florida Ban on Texting While Driving Law"; providing legislative intent; prohibiting the operation of a motor vehicle while using a wireless communications device for certain purposes; providing a definition; providing exceptions; specifying information admissible as evidence of a violation; providing penalties; providing for enforcement as a secondary action; amending s. 322.27, F.S.; providing for points to be assessed against a driver's license for the unlawful use of a wireless communications device resulting in a crash; providing an effective date. 16 Be It Enacted by the Legislature of the State of Florida: 18 Section 1. Section 316.305, Florida Statutes, is created to read: 316.305 Wireless communications devices; prohibition.-(1) This section may be cited as the "Florida Ban on Texting While Driving Law." (2) It is the intent of the Legislature to: (a) Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists, pedestrians, and other road users. (b) Prevent crashes related to the act of text messaging while driving a motor vehicle. (c) Reduce injuries, deaths, property damage, health care costs, health insurance rates, and automobile insurance rates related to motor vehicle crashes. (d) Authorize law enforcement officers to stop motor vehicles and issue citations to persons texting while driving as a secondary offense. (3)(a) A person shall not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data in such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. As used in this section, the term "wireless communications device" means any device that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service as defined in s. 812.15 and that allows text communications. For purposes of this section, a motor vehicle that is legally parked is not being operated and is not subject to the prohibition in this paragraph. (b) This subsection does not apply to a motor vehicle operator who is: 1. Performing official duties as an operator of an authorized emergency vehicle as defined in s. 322.01, a law enforcement or fire service professional, or an emergency medical services professional. 2. Reporting an emergency or criminal or suspicious activity to law enforcement authorities. 3. Receiving messages that are: a. Related to the operation or navigation of the motor vehicle; b. Safety-related information, including emergency, traffic, or weather alerts; c. Data used primarily by the motor vehicle; or d. Radio broadcasts. 4. Using a device or system for navigation purposes. 5. Conducting wireless interpersonal communication that does not require manual entry of multiple letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate a feature or function. (c) A user's billing records for a wireless communications device or the testimony of or written statements from appropriate authorities receiving such messages may be admissible as evidence in any proceeding to determine whether a violation of this section has been committed. (4)(a) Any person who violates subsection (3) commits a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. (b) Any person who commits a second or subsequent violation of subsection (3) within years after the date of a prior conviction for a violation of subsection (3) commits a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318. (5) Enforcement of this section by state or local law enforcement agencies must be accomplished only as a secondary action when an operator of a motor vehicle has been detained for a suspected violation of another section of this chapter, chapter 320, or chapter 322. Section 2. Paragraph (d) of subsection (3) of section 322.27, Florida Statutes, is amended to read: 322.27 Authority of department to suspend or revoke license.-(3) There is established a point system for evaluation of convictions of violations of motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)(b) when such violations involve the use of motor vehicles, for the determination of the continuing qualification of any person to operate a motor vehicle. The department is authorized to suspend the license of any person upon showing of its records or other good and sufficient evidence that the licensee has been convicted of violation of motor vehicle laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to or more points as determined by the point system. The suspension shall be for a period of not more than year. (d) The point system shall have as its basic element a graduated scale of points assigning relative values to convictions of the following violations: 1. Reckless driving, willful and wanton-4 points. 2. Leaving the scene of a crash resulting in property damage of more than $50-6 points. 3. Unlawful speed,or unlawful use of a wireless communications device, resulting in a crash-6 points. 4. Passing a stopped school bus-4 points. 5. Unlawful speed: a. Not in excess of miles per hour of lawful or posted speed-3 points. b. In excess of miles per hour of lawful or posted speed-4 points. 6. A violation of a traffic control signal device as provided in s. 316.074(1) or s. 316.075(1)(c)1.-4 points. However, no points shall be imposed for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer. In addition, a violation of s. 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a traffic infraction enforcement officer may not be used for purposes of setting motor vehicle insurance rates. 7. All other moving violations (including parking on a highway outside the limits of a municipality)-3 points. However, no points shall be imposed for a violation of s. 316.0741 or s. 316.2065(12); and points shall be imposed for a violation of s. 316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5). 8. Any moving violation covered in this paragraph above,excluding unlawful speed and unlawful use of a wireless communications device,resulting in a crash-4 points. 9. Any conviction under s. 403.413(6)(b)-3 points. 10. Any conviction under s. 316.0775(2)-4 points. Section 3. This act shall take effect October 1, 2011.
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Use of Wireless Communications Devices/Driving
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Requires each county or municipal detention facility to receive periodic state certification from DOC; provides for remedial measures for violations; authorizes rulemaking; makes editorial revisions.
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An act relating to county and municipal detention facilities; amending s. 951.23, F.S.; providing a definition; conforming provisions; deleting an obsolete date; requiring each county or municipal detention facility to receive periodic state certification from the Department of Corrections; providing for remedial measures for violations; authorizing rulemaking to develop certification standards and for remedial measures; authorizing a position within the Department of Corrections; providing an effective date. 13 Be It Enacted by the Legislature of the State of Florida: 15 Section 1. Subsections (1), (2), and (3), paragraph (a) of subsection (4), and subsections (8) and (10) of section 951.23, Florida Statutes, are amended, and subsection (11) is added to that section, to read: 951.23 County and municipal detention facilities; definitions; administration; standards and requirements.-(1) DEFINITIONS.-As used in this section, the term: (a) "County detention facility" means a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either felony or misdemeanor. (b) "County residential probation center" means a county-operated facility housing offenders serving misdemeanor sentences or first-time felony sentences. Such facilities shall provide or contract for the provision of the programs established under s. 951.231. (c) "County prisoner" means a person who is detained in a county detention facility by reason of being charged with or convicted of either felony or misdemeanor. (d) "Department" means the Department of Corrections. (e) (d) "Municipal detention facility" means a city jail, a city stockade, a city prison camp, and any other place except a county detention facility used by a municipality or municipal officer for the detention of persons charged with or convicted of violation of municipal laws or ordinances. (f) (e) "Municipal prisoner" means a person who is detained in a municipal detention facility by reason of being charged with or convicted of violation of municipal law or ordinance. (g) (f) "Reduced custody housing area" means that area of a county detention facility or municipal detention facility which is designed to hold a large number of prisoners in a dormitory or barracks-type setting. The area may or may not have a security exterior, limited access, or exterior walls constructed of canvas, cloth, or any material similarly flexible or woven, which is flame resistant and is supported by a structural frame of metal or similar durable material. (2) COLLECTION OF INFORMATION.-In conjunction with the administrators of county detention facilities, the department of Corrections shall develop an instrument for the collection of information from the administrator of each county detention facility. Whenever possible, the information shall be transmitted by the administrator to the department of Corrections electronically or in a computer readable format. The information shall be provided on a monthly basis and shall include, but is not limited to, the following: (a) The number of persons housed per day who are: 1. Felons sentenced to cumulative sentences of incarceration of days or less. 2. Felons sentenced to cumulative sentences of incarceration of days or more. 3. Sentenced misdemeanants. 4. Awaiting trial on at least one felony charge. 5. Awaiting trial on misdemeanor charges only. 6. Convicted felons and misdemeanants who are awaiting sentencing. 7. Juveniles. 8. State parole violators. 9. State inmates who were transferred from a state correctional facility, as defined in s. 944.02, to the county detention facility. (b) The number of persons housed per day, admitted per month, and housed on the last day of the month, by age, race, sex, country of citizenship, country of birth, and immigration status classified as one of the following: 1. Permanent legal resident of the United States. 2. Legal visitor. 3. Undocumented or illegal alien. 4. Unknown status. (c) The number of persons housed per day: 1. Pursuant to part I of chapter 394, "The Florida Mental Health Act." 2. Pursuant to chapter 397, "Substance Abuse Services." (d) The cost per day for housing a person in the county detention facility. (e) The number of persons admitted per month, and the number of persons housed on the last day of the month, by age, race, and sex, who are: 1. Felons sentenced to cumulative sentences of incarceration of days or less. 2. Felons sentenced to cumulative sentences of incarceration of days or more. 3. Sentenced misdemeanants. 4. Awaiting trial on at least one felony charge. 5. Awaiting trial on misdemeanor charges only. 6. Convicted felons and misdemeanants who are awaiting sentencing. 7. Juveniles. 8. State parole violators. 9. State inmates who were transferred from a state correctional facility, as defined in s. 944.02, to the county detention facility. (f) The number of persons admitted per month, by age, race, and sex: 1. Pursuant to part I of chapter 394, "The Florida Mental Health Act." 2. Pursuant to chapter 397, "Substance Abuse Services." (3) ANALYSIS AND USE OF INFORMATION; LISTS OF CONSTRUCTION PLANS.-The information shall be analyzed and evaluated by the department of Corrections for comparisons of various categories between counties and may be used for the provision of technical assistance, upon request of the chief correctional officer. Such assistance may include, but is not limited to, enhancement of existing pretrial intervention programs and state reimbursement for operational, renovation, or construction costs for county detention facilities. (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL OFFICERS.-(a) There shall be established a five-member working group consisting of three persons appointed by the Florida Sheriffs Association and two persons appointed by the Florida Association of Counties to develop model standards for county and municipal detention facilities. By October 1, 1996, Each sheriff and chief correctional officer shall adopt, at a minimum, the model standards with reference to: 1.a. The construction, equipping, maintenance, and operation of county and municipal detention facilities. b. The cleanliness and sanitation of county and municipal detention facilities; the number of county and municipal prisoners who may be housed therein per specified unit of floor space; the quality, quantity, and supply of bedding furnished to such prisoners; the quality, quantity, and diversity of food served to them and the manner in which it is served; the furnishing to them of medical attention and health and comfort items; and the disciplinary treatment which may be meted out to them. 143 Notwithstanding the provisions of the otherwise applicable building code, a reduced custody housing area may be occupied by inmates or may be used for sleeping purposes as allowed in subsection (7). The sheriff or chief correctional officer shall provide that a reduced custody housing area shall be governed by fire and life safety standards which do not interfere with the normal use of the facility and which affect a reasonable degree of compliance with rules of the State Fire Marshal for correctional facilities. 2. The confinement of prisoners by classification and providing, whenever possible, for classifications which separate males from females, juveniles from adults, felons from misdemeanants, and those awaiting trial from those convicted and, in addition, providing for the separation of special risk prisoners, such as the mentally ill, alcohol or narcotic addicts, sex deviates, suicide risks, and any other classification which the local unit may deem necessary for the safety of the prisoners and the operation of the facility pursuant to degree of risk and danger criteria. Nondangerous felons may be housed with misdemeanants. (8) ASSISTANCE TO LOCAL GOVERNMENT.-Upon the request of a sheriff, or the chair of the board of county commissioners in a county in which the chief corrections officer is not a constitutional officer, the department of Corrections may provide technical assistance to local governments in the design and implementation of offender classification systems, evaluation of construction and financing alternatives, the development of community service programs, and the use of mutual aid programs in jail-sharing efforts. (10) RULE VIOLATIONS BY PRISONERS.-It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for a county prisoner or a municipal prisoner in a county detention facility to knowingly, on two or more occasions, violate a posted jail rule governing the conduct of prisoners, if the rule prohibits any of the following acts: (a) Assaulting any person; (b) Fighting with another person; (c) Threatening another with bodily harm, or any offense against another person or property; (d) Extortion, blackmail, protection, demanding or receiving money or anything of value in return for protection against others to avoid bodily harm, or under threat of informing; (e) Engaging in sexual acts with others; (f) Making sexual proposals or threats to another; (g) Indecent exposure; (h) Escape; (i) Attempting or planning escape; (j) Wearing a disguise or mask; (k) Setting a fire; (l) Destroying, altering, damaging, or defacing government property or the property of another person; (m) Stealing (theft); (n) Tampering with or blocking any locking device; (o) Adulteration of any food or drink; (p) Possession or introduction of any explosive, ammunition, firearm, or weapon; (q) Possession of contraband; (r) Misuse of authorized medication; (s) Loaning of property or anything of value for profit or increased return; (t) Possession of anything not authorized for retention or receipt by the inmate and not issued to him or her through regular institutional channels; (u) Mutilating or altering issued clothing, bedding, linen, or mattresses; (v) Rioting; (w) Encouraging others to riot; (x) Engaging in or encouraging a group demonstration; (y) Refusing to work; (z) Encouraging others to refuse to work or participating in work stoppage; (aa) Refusing to obey a reasonable order of any staff member; (bb) Unexcused absence from work or any assignment; (cc) Malingering; feigning an illness or injury; (dd) Failing to perform work as instructed by a supervisor; (ee) Lying or providing a false statement to a staff member; (ff) Conduct which disrupts or interferes with the security or orderly running of the institution; (gg) Counterfeiting, forging, or unauthorized reproduction of any document, article, or identification, money, security, or official paper; (hh) Participating in an unauthorized meeting or gathering; (ii) Being in an unauthorized area; (jj) Failure to follow safety or sanitation regulations; (kk) Using any equipment or machinery contrary to instructions or posted safety standards; (ll) Failing to stand count; (mm) Interfering with the taking of count; (nn) Making intoxicants or being intoxicated; (oo) Smoking where prohibited; (pp) Using abusive or obscene language; (qq) Gambling; preparing or conducting a gambling pool; possession of gambling paraphernalia; (rr) Being unsanitary or untidy; failing to keep one's person and one's quarters in accordance with posted standards; (ss) Tattooing or self-mutilation; (tt) Unauthorized use of mail or telephone; (uu) Unauthorized contacts with the public; (vv) Correspondence or conduct with a visitor in violation of posted regulations; (ww) Giving or offering any official or staff member a bribe or anything of value; or (xx) Giving money or anything of value to, or accepting money or anything of value from another inmate, a member of his or her family, or his or her friend. 254 Punishment for a violation of this subsection shall run consecutive to any other sentence. (11) CERTIFICATION OF FACILITIES.-(a) Each county detention facility or municipal detention facility must receive state certification every years that the facility is operated consistent with public safety, security, and efficiency. The department shall be the state agency responsible for developing inspection criteria, conducting inspections, and issuing certifications. If a facility fails inspection, the department shall manage and operate the facility, provide probationary status with a plan to achieve certification, or undertake any other remedial measures in the discretion of the Secretary of Corrections as may be appropriate and commensurate with the determined violations. (b) The department may adopt rules concerning certification standards for facilities under this subsection, for penalties, fines, or any other penalty measures to ensure compliance with this subsection, and for reimbursements by local governments to the state for costs incurred when it becomes necessary for the department to manage and operate a facility under this subsection. Section 2. For the 2011-2012 fiscal year, the Department of Corrections is authorized one additional full-time equivalent position to conduct the inspections and perform other duties required by s. 951.23(11), Florida Statutes, as created by this act. Section 3. This act shall take effect July 1, 2011.
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County and Municipal Detention Facilities
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Designates act "Communication of Judicial Opinions Act"; requires clerks of State Supreme Court & district courts of appeal to transmit certain judicial opinions to Governor, President of Senate, & Speaker of House of Representatives within specified time.
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An act relating to communications among the branches of state government; providing a short title; creating ss. 25.079 and 35.079, F.S.; requiring the clerks of the State Supreme Court and district courts of appeal to transmit certain judicial opinions to the Governor, the President of the Senate, and the Speaker of the House of Representatives within a specified time; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. This act may be cited as the "Communication of Judicial Opinions Act." Section 2. Section 25.079, Florida Statutes, is created to read: 25.079 Opinions having certain holdings; communication to Governor and Legislature.-(1) This section is specifically intended to facilitate communication among the three branches of government relating to the interpretation or constitutionality of Florida law. This section is not intended to provide to the legislative or executive branches any powers not granted by the State Constitution. (2) An opinion rendered by the Supreme Court which: (a) Declares a Florida statute, regulation, or governmental practice unconstitutional; (b) Recommends any statutory or regulatory change; or (c) Finds that the meaning of a statute is unclear, 31 shall be transmitted by the clerk of the Supreme Court to the Governor, the President of the Senate, and the Speaker of the House of Representatives within days after the opinion is published by the court. Section 3. Section 35.079, Florida Statutes, is created to read: 35.079 Opinions having certain holdings; communication to Governor and Legislature.-(1) This section is specifically intended to facilitate communication among the three branches of government relating to the interpretation or constitutionality of Florida law. This section is not intended to provide to the legislative or executive branches any powers not granted by the State Constitution. (2) An opinion rendered by a district court of appeal which: (a) Declares a Florida statute, regulation, or governmental practice unconstitutional; (b) Recommends any statutory or regulatory change; or (c) Finds that the meaning of a statute is unclear, 52 shall be transmitted by the clerk of the district court to the Governor, the President of the Senate, and the Speaker of the House of Representatives within days after the opinion is published by the court. Section 4. This act shall take effect July 1, 2011.
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Communications Among Branches of State Government
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Requires FDLE to issue blue alert if law enforcement officer has been killed, suffered serious bodily injury, or been assaulted & suspect has fled scene, or if law enforcement officer is missing while in line of duty; requires that blue alert be disseminated on emergency alert system through specified means; provides that emergency traffic information may take precedence over blue alert information.
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An act relating to assault or battery of a law enforcement officer; creating s. 784.071, F.S.; requiring the Department of Law Enforcement to issue a blue alert if a law enforcement officer has been killed, suffered serious bodily injury, or been assaulted and the suspect has fled the scene, or if a law enforcement officer is missing while in the line of duty; requiring that the blue alert be disseminated on the emergency alert system through television, radio, and highway signs; providing that emergency traffic information may take precedence over blue alert information; providing an effective date. 14 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. Section 784.071, Florida Statutes, is created to read: 784.071 Assault or battery on a law enforcement officer; missing while in line of duty; blue alert.-(1) At the request of an authorized person employed at a law enforcement agency, the Department of Law Enforcement, in cooperation with the Department of Highway Safety and Motor Vehicles and the Department of Transportation, shall activate the emergency alert system and issue a blue alert if all of the following conditions are met: (a)1. A law enforcement officer has been killed, has suffered serious bodily injury, or has been assaulted with a deadly weapon; or 2. A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the law enforcement officer's safety; (b) The suspect has fled the scene of the offense; (c) The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers; (d) A detailed description of the suspect's vehicle, or other means of escape, or the license plate of the suspect's vehicle is available for broadcasting; (e) Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect; and (f) If the law enforcement officer is missing, there is sufficient information available relating to the officer's last known location and physical description, and the description of any vehicle involved, including the license plate number or other identifying information, to be broadcast to the public and other law enforcement agencies, which could assist in locating the missing law enforcement officer. (2)(a) The blue alert shall be immediately disseminated to the public through the emergency alert system by broadcasting the alert on television, radio, and the dynamic message signs that are located along the state's highways. (b) If a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a highway message sign in lieu of the blue alert information, the agency responsible for displaying information on the highway message sign is not in violation of this section. Section 2. This act shall take effect October 1, 2011.
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Assault or Battery of a Law Enforcement Officer
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Authorizes local government to use its publicly accessible website for legally required notices & advertisements; defines "publicly accessible website"; provides conditions for utilization of publicly accessible website for such purposes; provides for optional receipt of legally required public notices & advertisements via first class mail or e-mail; provides requirements for legally required advertisements & public notices published on publicly accessible website, etc.
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An act relating to effective public notices by governmental entities; creating s. 50.0311, F.S.; defining the term "publicly accessible website"; authorizing a local government to use its publicly accessible website for legally required advertisements and public notices; providing conditions for such use; providing for optional receipt of legally required advertisements and public notices by first-class mail or e-mail; providing requirements for advertisements and public notices published on a publicly accessible website; amending s. 50.011, F.S.; providing that a notice, advertisement, or publication on a publicly accessible website of a local government in accordance with s. 50.0311, F.S., constitutes legal notice; amending s. 50.021, F.S.; providing that advertisements directed by law or order or decree of court to be made in a county in which no newspaper is published may be made by publication on a publicly accessible website; amending s. 50.051, F.S.; providing clarifying provisions; amending s. 50.061, F.S.; providing clarifying provisions; amending s. 100.342, F.S.; providing for notice of special election or referendum on a publicly accessible website; amending s. 125.66, F.S.; providing for notice of consideration of an ordinance by a board of county commissioners to be published on a publicly accessible website; requiring maintenance of the advertisement for a specified period; providing clarifying provisions; amending s. 129.03, F.S.; providing for the advertisement of a summary statement of adopted tentative county budgets on a publicly accessible website; amending s. 129.06, F.S.; providing for advertisement of a public hearing relating to the amendment of a county budget on a publicly accessible website; amending s. 153.79, F.S.; providing for public advertisement by a county water and sewer system district of projects to construct, reconstruct, acquire, or improve a water system or a sewer system, and of a call for sealed bids for such projects, on a publicly accessible website; amending s. 159.32, F.S.; providing for advertisement for competitive bids for contracts for the construction of a project under the Florida Industrial Development Financing Act on a publicly accessible website; amending s. 162.12, F.S.; providing for optional serving of notice by a code enforcement board of a violation of a county or municipal code via a publicly accessible website; amending s. 163.3184, F.S.; providing for notice of public hearings on the adoption of a local government comprehensive plan or plan amendment or the approval of a compliance agreement under the Local Government Comprehensive Planning and Land Development Regulation Act via a publicly accessible website; amending s. 166.041, F.S.; providing for notice of adoption of a municipal ordinance via a publicly accessible website; providing clarifying provisions; amending s. 170.05, F.S.; providing for publication on a publicly accessible website of a resolution relating to municipal public improvements financed by special assessments; amending s. 170.07, F.S.; providing for publication on a publicly accessible website of notice of hearing on municipal public improvements financed by special assessments; amending s. 180.24, F.S.; providing for advertisement via a publicly accessible website of specified construction contracts for utilities or extensions to a previously constructed utility; amending s. 197.3632, F.S.; providing for publication on a publicly accessible website of a local government's notice of intent to use the uniform method of collecting non-ad valorem assessments; amending s. 200.065, F.S.; providing for advertisement on a publicly accessible website of a taxing authority's intent to adopt a millage rate and budget; providing for advertisement on a publicly accessible website of the intention of a specified multicounty taxing authority to adopt a tentative budget and millage rate; providing clarifying and conforming provisions; providing for notice via a publicly accessible website of correction of a specified error contained in a notice of proposed property taxes mailed to taxpayers; amending s. 255.0525, F.S.; providing for advertisement via a publicly accessible website for the solicitation of competitive bids or proposals for construction projects of a county, municipality, or other political subdivision which are projected to exceed specified costs; amending s. 380.06, F.S.; providing for publication of an advertisement on a publicly accessible website of a public hearing by a local government on an areawide development of regional impact under the Florida Environmental Land and Water Management Act of 1972; amending s. 403.7049, F.S.; prescribing procedures for fulfilling public disclosure system requirements with respect to the duty of a municipality to disclose costs for solid waste management; amending s. 403.973, F.S.; redefining the term "duly noticed" to include publication on a publicly accessible website; providing conforming provisions; amending s. 420.9075, F.S.; providing for advertisement of notice on a publicly accessible website of funding availability through a local housing assistance plan under the State Housing Initiatives Partnership Act; providing an effective date. 99 Be It Enacted by the Legislature of the State of Florida: 101 Section 1. Section 50.0311, Florida Statutes, is created to read: 50.0311 Publication of advertisements and public notices on a local government's publicly accessible website and government access channels.-(1) For purposes of notices and advertisements required by statute to be published by a local government, the term "publicly accessible website" means a county or municipal government's official website that is accessible via the Internet. (2) If specifically authorized by ordinance, a local government may use its website for legally required advertisements and public notices if: (a) A public library or other governmental facility providing free access to the Internet during regular business hours exists within the jurisdictional boundaries of such county or municipality; (b) The local government provides notice to its residents at least once per year in a newspaper of general circulation, the county or municipality's newsletter or periodical, or another publication that is mailed or delivered to all residents or property owners throughout the local government's jurisdiction, indicating that residents may receive legally required advertisements and public notices from the local government by first-class mail or e-mail upon registering their name and address or e-mail address with the local governmental entity; and (c) The local government maintains a registry of names, addresses, and e-mail addresses of residents who request in writing that they receive legally required advertisements and public notices from the local government by first-class mail or e-mail. (3) Advertisements and public notices published on a publicly accessible website shall be conspicuously placed on the website's homepage or accessible through a direct link from the homepage. The advertisement shall indicate the date on which the advertisement was first published on the publicly accessible website. (4) The local government that has a government access channel authorized under s. 610.109 may also include on its government access channel a summary of all advertisements and public notices that are published on its website. Section 2. Section 50.011, Florida Statutes, is amended to read: 50.011 Where and in what language legal notices to be published.-Whenever by statute an official or legal advertisement or a publication, or notice in a newspaper has been or is directed or permitted in the nature of or in lieu of process, or for constructive service, or in initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, or for any purpose, including all legal notices and advertisements of sheriffs and tax collectors, the contemporaneous and continuous intent and meaning of such legislation all and singular, existing or repealed, is and has been and is hereby declared to be and to have been, and the rule of interpretation is and has been, a publication in a newspaper printed and published periodically once a week or oftener, containing at least percent of its words in the English language, entered or qualified to be admitted and entered as periodicals matter at a post office in the county where published, for sale to the public generally, available to the public generally for the publication of official or other notices and customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. Notwithstanding any provisions to the contrary, and as specifically authorized by s. 50.0311, a notice, advertisement, or publication on a publicly accessible website of a local government in accordance with s. 50.0311 constitutes legal notice. Section 3. Section 50.021, Florida Statutes, is amended to read: 50.021 Publication when no newspaper in county.-When any law, or order or decree of court, shall direct advertisements to be made in any county and there be no newspaper published in the said county, the advertisement may be made,in the case of a county or municipality, by publishing such advertisement on a publicly accessible website maintained by the entity responsible for publication or posting three copies thereof in three different places in said county, one of which shall be at the front door of the courthouse, and by publication in the nearest county in which a newspaper is published. Section 4. Section 50.051, Florida Statutes, is amended to read: 50.051 Proof of publication; form of uniform affidavit.-The printed form upon which all such affidavits establishing proof of publication in a newspaper are to be executed shall be substantially as follows: 190 NAME OF NEWSPAPER Published (Weekly or Daily) (Town or City) (County) FLORIDA 194 STATE OF FLORIDA 196 COUNTY OF....: Before the undersigned authority personally appeared...., who on oath says that he or she is.... of the...., a.... newspaper published at.... in.... County, Florida; that the attached copy of advertisement, being a.... in the matter of.... in the.... Court, was published in said newspaper in the issues of..... Affiant further says that the said.... is a newspaper published at...., in said.... County, Florida, and that the said newspaper has heretofore been continuously published in said.... County, Florida, each.... and has been entered as periodicals matter at the post office in...., in said.... County, Florida, for a period of year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 215 Sworn to and subscribed before me this.... day of....,...(year)..., by...., who is personally known to me or who has produced (type of identification) as identification. 219...(Signature of Notary Public)... 222...(Print, Type, or Stamp Commissioned Name of Notary Public)... 224...(Notary Public)... Section 5. Subsection (4) of section 50.061, Florida Statutes, is amended to read: 50.061 Amounts chargeable.-(4) All official public notices and legal advertisements published in a newspaper shall be charged and paid for on the basis of 6-point type on 6-point body, unless otherwise specified by statute. Section 6. Section 100.342, Florida Statutes, is amended to read: 100.342 Notice of special election or referendum.-In any special election or referendum not otherwise provided for there shall be at least days' notice of the election or referendum by publication in a newspaper of general circulation in the county, district, or municipality, as the case may be,or, in the case of a county or municipality, publication on a publicly accessible website maintained by the local government responsible for publication and published daily during the weeks immediately preceding the election or referendum.If advertised in the newspaper, the publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the election or referendum is to be held. If there is no newspaper of general circulation in the county, district, or municipality and publication is not made on a publicly accessible website maintained by the local government responsible for publication,the notice shall be posted in no fewer less than five places within the territorial limits of the county, district, or municipality. Section 7. Paragraph (a) of subsection (2) and paragraph (b) of subsection (4) of section 125.66, Florida Statutes, are amended to read: 125.66 Ordinances; enactment procedure; emergency ordinances; rezoning or change of land use ordinances or resolutions.-(2)(a) The regular enactment procedure shall be as follows: The board of county commissioners at any regular or special meeting may enact or amend any ordinance, except as provided in subsection (4), if notice of intent to consider such ordinance is given at least days before the prior to said meeting on a publicly accessible website maintained by the county or by publication in a newspaper of general circulation in the county. If advertised on a publicly accessible website, the advertisement shall be published daily during the days immediately preceding the meeting. A copy of such notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the board of county commissioners. The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the county where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (4) Ordinances or resolutions, initiated by other than the county, that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to subsection (2). Ordinances or resolutions that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances or resolutions initiated by the county that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: (b) In cases in which the proposed ordinance or resolution changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving contiguous acres or more, the board of county commissioners shall provide for public notice and hearings as follows: 1. The board of county commissioners shall hold two advertised public hearings on the proposed ordinance or resolution. At least one hearing shall be held after p.m. on a weekday, unless the board of county commissioners, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least days after the day that the first advertisement is published. The second hearing shall be held at least days after the first hearing and shall be advertised at least days prior to the public hearing. 2. The required newspaper advertisements shall be no less than columns wide by inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than point. The newspaper advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The newspaper advertisement shall be placed in a newspaper of general paid circulation in the county and of general interest and readership in the community pursuant to chapter 50, not one of limited subject matter. It is the legislative intent that, whenever possible, the newspaper advertisement shall appear in a newspaper that is published at least days a week unless the only newspaper in the community is published less than days a week. The newspaper advertisement shall be in substantially the following form: 318 NOTICE OF (TYPE OF) CHANGE 320 The...(name of local governmental unit)... proposes to adopt the following by ordinance or resolution:...(title of ordinance or resolution).... A public hearing on the ordinance or resolution will be held on...(date and time)... at...(meeting place).... 326 Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area within the local government covered by the proposed ordinance or resolution. The map shall include major street names as a means of identification of the general area. 3. In lieu of publishing the advertisements set out in this paragraph, the board of county commissioners may mail a notice to each person owning real property within the area covered by the ordinance or resolution. Such notice shall clearly explain the proposed ordinance or resolution and shall notify the person of the time, place, and location of both public hearings on the proposed ordinance or resolution. Section 8. Paragraph (b) of subsection (3) of section 129.03, Florida Statutes, is amended to read: 129.03 Preparation and adoption of budget.-(3) No later than days after certification of value by the property appraiser pursuant to s. 200.065(1), the county budget officer, after tentatively ascertaining the proposed fiscal policies of the board for the ensuing fiscal year, shall prepare and present to the board a tentative budget for the ensuing fiscal year for each of the funds provided in this chapter, including all estimated receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year. (b) Upon receipt of the tentative budgets and completion of any revisions made by the board, the board shall prepare a statement summarizing all of the adopted tentative budgets. This summary statement shall show, for each budget and the total of all budgets, the proposed tax millages, the balances, the reserves, and the total of each major classification of receipts and expenditures, classified according to the classification of accounts prescribed by the appropriate state agency. The board shall cause this summary statement to be advertised one time in a newspaper of general circulation published in the county, on a publicly accessible website maintained by the county, or by posting at the courthouse door if there is no such newspaper or website,and the advertisement shall appear adjacent to the advertisement required pursuant to s. 200.065. Section 9. Paragraph (f) of subsection (2) of section 129.06, Florida Statutes, is amended to read: 129.06 Execution and amendment of budget.-(2) The board at any time within a fiscal year may amend a budget for that year, and may within the first days of a fiscal year amend the budget for the prior fiscal year, as follows: (f) If an amendment to a budget is required for a purpose not specifically authorized in paragraphs (a)-(e), unless otherwise prohibited by law, the amendment may be authorized by resolution or ordinance of the board of county commissioners adopted following a public hearing. The public hearing must be advertised at least days, but not more than days, before the date of the hearing. The advertisement must appear on a publicly accessible website maintained by the county or in a newspaper of paid general circulation and must identify the name of the taxing authority, the date, place, and time of the hearing, and the purpose of the hearing. If advertised in the newspaper, the public hearing must be advertised at least days, but not more than days, before the date of the hearing. If advertised on a publicly accessible website, the notice must be published daily during the days immediately preceding the hearing. The advertisement must also identify each budgetary fund to be amended, the source of the funds, the use of the funds, and the total amount of each budget. Section 10. Section 153.79, Florida Statutes, is amended to read: 153.79 Contracts for construction of improvements, sealed bids.-All contracts let, awarded,or entered into by the district for the construction, reconstruction,or acquisition or improvement of a water system or a sewer system or both or any part thereof, if the amount thereof shall exceed $1,000, shall be awarded only after public advertisement and call for sealed bids therefor on a publicly accessible website maintained by the county or,in a newspaper published in the county circulating in the district, or, if there is be no such website or newspaper, then in a newspaper published in the state and circulating in the district.If advertised in the newspaper,such advertisement shall to be published at least once at least weeks before the date set for the receipt of such bids. If advertised on a publicly accessible website, such advertisement shall be published daily during the weeks immediately preceding the date set for the receipt of such bids. Such advertisements for bids in addition to the other necessary and pertinent matter shall state in general terms the nature and description of the improvement or improvements to be undertaken and shall state that detailed plans and specifications for such work are on file for inspection in the office of the district clerk and copies thereof shall be furnished to any interested party upon payment of reasonable charges to reimburse the district for its expenses in providing such copies. The award shall be made to the responsible and competent bidder or bidders who shall offer to undertake the improvements at the lowest cost to the district and such bidder or bidders shall be required to file bond for the full and faithful performance of such work and the execution of any such contract in such amount as the district board shall determine, and in all other respects the letting of such construction contracts shall comply with applicable provisions of the general laws relating to the letting of public contracts. Nothing in this section shall be deemed to prevent the district from hiring or retaining such consulting engineers, attorneys, financial experts or other technicians as it shall determine, in its discretion, or from undertaking any construction work with its own resources, without any such public advertisement. Section 11. Section 159.32, Florida Statutes, is amended to read: 159.32 Construction contracts.-Contracts for the construction of the project may be awarded by the local agency in such manner as in its judgment will best promote free and open competition, including advertisement for competitive bids in a newspaper of general circulation within the boundaries of the local agency or on a publicly accessible website maintained by the county;however, if the local agency shall determine that the purposes of this part will be more effectively served, the local agency in its discretion may award or cause to be awarded contracts for the construction of any project, or any part thereof, upon a negotiated basis as determined by the local agency. The local agency shall prescribe bid security requirements and other procedures in connection with the award of such contracts as in its judgment shall protect the public interest. The local agency may by written contract engage the services of the lessee, purchaser, or prospective lessee or purchaser of any project in the construction of the project and may provide in the contract that the lessee, purchaser, or prospective lessee or purchaser may act as an agent of, or an independent contractor for, the local agency for the performance of the functions described therein, subject to such conditions and requirements consistent with the provisions of this part as shall be prescribed in the contract, including functions such as the acquisition of the site and other real property for the project; the preparation of plans, specifications, and contract documents; the award of construction and other contracts upon a competitive or negotiated basis; the construction of the project, or any part thereof, directly by the lessee, purchaser, or prospective lessee or purchaser; the inspection and supervision of construction; the employment of engineers, architects, builders, and other contractors; and the provision of money to pay the cost thereof pending reimbursement by the local agency. Any such contract may provide that the local agency may, out of proceeds of bonds, make advances to or reimburse the lessee, purchaser, or prospective lessee or purchaser for its costs incurred in the performance of those functions, and shall set forth the supporting documents required to be submitted to the local agency and the reviews, examinations, and audits that shall be required in connection therewith to assure compliance with the provisions of this part and the contract. Section 12. Paragraph (a) of subsection (2) of section 162.12, Florida Statutes, is amended to read: 162.12 Notices.-(2) In addition to providing notice as set forth in subsection (1), at the option of the code enforcement board, notice may also be served by publication or posting, as follows: (a)1. Such notice shall be published once during each week for consecutive weeks (four publications being sufficient) in a newspaper of general circulation in the county where the code enforcement board is located or daily during the weeks immediately preceding the hearing on a publicly accessible website maintained by the local government.The website and newspaper shall meet such requirements as are prescribed under chapter for legal and official advertisements. 2. Proof of newspaper publication shall be made as provided in ss. 50.041 and 50.051. 491 Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (1), together with proof of publication or posting as provided in subsection (2), shall be sufficient to show that the notice requirements of this part have been met, without regard to whether or not the alleged violator actually received such notice. Section 13. Paragraph (b) of subsection (15) and paragraph (c) of subsection (16) of section 163.3184, Florida Statutes, are amended to read: 163.3184 Process for adoption of comprehensive plan or plan amendment.-(15) PUBLIC HEARINGS.-(b) The local governing body shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: 1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3). It shall be held on a weekday at least days after the day that the first advertisement is published or after the notice of the first public hearing is initially published on the publicly accessible website.2. The second public hearing shall be held at the adoption stage pursuant to subsection (7). It shall be held on a weekday at least days after the day that the second advertisement is published or after the notice of the second public hearing is initially published on the publicly accessible website.(16) COMPLIANCE AGREEMENTS.-(c) Before Prior to its execution of a compliance agreement, the local government must approve the compliance agreement at a public hearing advertised at least days before the public hearing in a newspaper of general circulation in the area or daily during the days immediately preceding the hearing on a publicly accessible website maintained by the local government in accordance with the advertisement requirements of subsection (15). Section 14. Paragraphs (a) and (c) of subsection (3) of section 166.041, Florida Statutes, are amended to read: 166.041 Procedures for adoption of ordinances and resolutions.-(3)(a) Except as provided in paragraph (c), a proposed ordinance may be read by title, or in full, on at least separate days and shall, at least days before prior to adoption, be noticed once in a newspaper of general in the municipality or noticed daily during the immediately preceding the adoption on a publicly accessible website maintained by the municipality.The notice of proposed enactment shall state the date, time, and place of the meeting; the title or titles of proposed ordinances; and the place or places within the municipality where such proposed ordinances may be inspected by the public. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (c) Ordinances initiated by other than the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a). Ordinances that change the actual list of permitted, conditional, or prohibited uses within a zoning category, or ordinances initiated by the municipality that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure: 1. In cases in which the proposed ordinance changes the actual zoning map designation for a parcel or parcels of land involving less than contiguous acres, the governing body shall direct the clerk of the governing body to notify by mail each real property owner whose land the municipality will redesignate by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance. Such notice shall be given at least days prior to the date set for the public hearing, and a copy of the notice shall be kept available for public inspection during the regular business hours of the office of the clerk of the governing body. The governing body shall hold a public hearing on the proposed ordinance and may, upon the conclusion of the hearing, immediately adopt the ordinance. 2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving contiguous acres or more, the governing body shall provide for public notice and hearings as follows: a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least days after the day that the first advertisement is published. The second hearing shall be held at least days after the first hearing and shall be advertised at least days prior to the public hearing. b. The required newspaper advertisements shall be no less than columns wide by inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than point. The newspaper advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The newspaper advertisement shall be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the newspaper advertisement appear in a newspaper that is published at least days a week unless the only newspaper in the municipality is published less than days a week. The newspaper advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE 600 The...(name of local governmental unit)... proposes to adopt the following ordinance:...(title of the ordinance).... A public hearing on the ordinance will be held on...(date and time)... at...(meeting place).... 605 Except for amendments which change the actual list of permitted, conditional, or prohibited uses within a zoning category, the advertisement shall contain a geographic location map which clearly indicates the area covered by the proposed ordinance. The map shall include major street names as a means of identification of the general area. c. In lieu of publishing the advertisement set out in this paragraph, the municipality may mail a notice to each person owning real property within the area covered by the ordinance. Such notice shall clearly explain the proposed ordinance and shall notify the person of the time, place, and location of any public hearing on the proposed ordinance. Section 15. Section 170.05, Florida Statutes, is amended to read: 170.05 Publication of resolution.-Upon the adoption of the resolution provided for in s. 170.03, the municipality shall cause said resolution to be published on a publicly accessible website maintained by the municipality or one time in a newspaper of general circulation published in said municipality, and if there is be no website or newspaper published in said municipality, the governing authority of said municipality shall cause said resolution to be published once a week for a period of weeks in a newspaper of general circulation published in the county in which said municipality is located. Section 16. Section 170.07, Florida Statutes, is amended to read: 170.07 Publication of preliminary assessment roll.-Upon the completion of said preliminary assessment roll, the governing authority of the municipality shall by resolution fix a time and place at which the owners of the property to be assessed or any other persons interested therein may appear before said governing authority and be heard as to the propriety and advisability of making such improvements, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Thirty days' notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each of such property owners at his or her last known address, the names and addresses of such property owners to be obtained from the records of the property appraiser or from such other sources as the city or town clerk or engineer deems reliable, proof of such mailing to be made by the affidavit of the clerk or deputy clerk of said municipality, or by the engineer, said proof to be filed with the clerk, provided, that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apart in a newspaper of general circulation in said municipality or by publication daily for weeks on a publicly accessible website maintained by the municipality,and if there is be no website or newspaper published in said municipality,the governing authority of said municipality shall cause said notice to be published in like manner in a newspaper of general circulation published in the county in which said municipality is located; provided that the last publication shall be at least 1 week before prior to the date of the hearing. Said notice shall describe the streets or other areas to be improved and advise all persons interested that the description of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained at the office of the clerk of the municipality. Such service by publication shall be verified by the affidavit of the publisher and filed with the clerk of said municipality. Section 17. Subsection (1) of section 180.24, Florida Statutes, is amended to read: 180.24 Contracts for construction; bond; publication of notice; bids.-(1) Any municipality desiring the accomplishment of any or all of the purposes of this chapter may make contracts for the construction of any of the utilities mentioned in this chapter, or any extension or extensions to any previously constructed utility, which said contracts shall be in writing, and the contractor shall be required to give bond, which said bond shall be executed by a surety company authorized to do business in the state; provided, however, construction contracts in excess of $25,000 shall be advertised by the publication of a notice in a newspaper of general circulation in the county in which said municipality is located at least once each week for consecutive weeks, by publication daily for weeks on a publicly accessible website maintained by the municipality, or by posting three notices in three conspicuous places in said municipality, one of which shall be on the door of the city hall; and that at least days shall elapse between the date of the first publication or posting of such notice and the date of receiving bids and the execution of such contract documents. For municipal construction projects identified in s. 255.0525, the notice provision of that section supersedes and replaces the notice provisions in this section. Section 18. Paragraph (a) of subsection (3) of section 197.3632, Florida Statutes, is amended to read: 197.3632 Uniform method for the levy, collection, and enforcement of non-ad valorem assessments.-(3)(a) Notwithstanding any other provision of law to the contrary, a local government which is authorized to impose a non-ad valorem assessment and which elects to use the uniform method of collecting such assessment for the first time as authorized in this section shall adopt a resolution at a public hearing before prior to January or, if the property appraiser, tax collector, and local government agree, March 1. The resolution shall clearly state its intent to use the uniform method of collecting such assessment. The local government shall publish notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for consecutive weeks preceding the hearing or, in the case of a county or municipality, daily during the consecutive weeks immediately preceding the hearing on a publicly accessible website maintained by the county or municipality.The resolution shall state the need for the levy and shall include a legal description of the boundaries of the real property subject to the levy. If the resolution is adopted, the local governing board shall send a copy of it by United States mail to the property appraiser, the tax collector, and the department by January or, if the property appraiser, tax collector, and local government agree, March 10. Section 19. Paragraph (d) of subsection (2), paragraph (g) of subsection (3), paragraph (b) of subsection (12), and paragraph (a) of subsection (14) of section 200.065, Florida Statutes, are amended to read: 200.065 Method of fixing millage.-(2) No millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority which resolution or ordinance must be approved by the taxing authority according to the following procedure: (d) Within days after the meeting adopting the tentative budget, the taxing authority shall advertise in a newspaper of general circulation in the county as provided in subsection (3),its intent to finally adopt a millage rate and budget or, in the case of a county or municipality, may advertise on its publicly accessible website its intent to finally adopt a millage rate and budget, and shall maintain the notice on its website until completion of the hearing.If advertised in a newspaper, a public hearing to finalize the budget and adopt a millage rate shall be held not less than days nor more than days after the day that the advertisement is first published. During the hearing, the governing body of the taxing authority shall amend the adopted tentative budget as it sees fit, adopt a final budget, and adopt a resolution or ordinance stating the millage rate to be levied. The resolution or ordinance shall state the percent, if any, by which the millage rate to be levied exceeds the rolled-back rate computed pursuant to subsection (1), which shall be characterized as the percentage increase in property taxes adopted by the governing body. The adoption of the budget and the millage-levy resolution or ordinance shall be by separate votes. For each taxing authority levying millage, the name of the taxing authority, the rolled-back rate, the percentage increase, and the millage rate to be levied shall be publicly announced before prior to the adoption of the millage-levy resolution or ordinance. In no event may The millage rate adopted pursuant to this paragraph may not exceed the millage rate tentatively adopted pursuant to paragraph (c). If the rate tentatively adopted pursuant to paragraph (c) exceeds the proposed rate provided to the property appraiser pursuant to paragraph (b), or as subsequently adjusted pursuant to subsection (11), each taxpayer within the jurisdiction of the taxing authority shall be sent notice by first-class mail of his or her taxes under the tentatively adopted millage rate and his or her taxes under the previously proposed rate. The notice must be prepared by the property appraiser, at the expense of the taxing authority, and must generally conform to the requirements of s. 200.069. If such additional notice is necessary, its mailing must precede the hearing held pursuant to this paragraph by not less than days and not more than days. (3) The advertisement shall be no less than one-quarter page in size of a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in the county or in a geographically limited insert of such newspaper. The geographic boundaries in which such insert is circulated shall include the geographic boundaries of the taxing authority. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least days a week unless the only newspaper in the county is published less than days a week, or that the advertisement appear in a geographically limited insert of such newspaper which insert is published throughout the taxing authority's jurisdiction at least twice each week. It is further the legislative intent that the newspaper selected be one of general interest and readership in the community and not one of limited subject matter, pursuant to chapter 50. (g) If In the event that the mailing of the notice of proposed property taxes is delayed beyond September in a county, any multicounty taxing authority which levies ad valorem taxes within that county shall advertise its intention to adopt a tentative budget and millage rate on a publicly accessible website maintained by the taxing authority or in a newspaper of paid general circulation within that county, as provided in this subsection, and shall hold the hearing required pursuant to paragraph (2)(c).If advertised in the newspaper, the hearing shall be held not less than days or more than days thereafter, and not later than September 18. If advertised on the website, the hearing shall be held not less than days after initial publication of the advertisement on the website and not later than September 18, and shall remain on the website until the date of the hearing. The advertisement shall be in the following form, unless the proposed millage rate is less than or equal to the rolled-back rate, computed pursuant to subsection (1), in which case the advertisement shall be as provided in paragraph (e): NOTICE OF TAX INCREASE 811 The...(name of the taxing authority)... proposes to increase its property tax levy by...(percentage of increase over rolled-back rate)... percent. All concerned citizens are invited to attend a public hearing on the proposed tax increase to be held on...(date and time)... at...(meeting place).... (12) The time periods specified in this section shall be determined by using the date of certification of value pursuant to subsection (1) or July 1, whichever date is later, as day 1. The time periods shall be considered directory and may be shortened, provided: (b) Any public hearing preceded by a newspaper advertisement is held not less than days or more than days following publication of such advertisement and any public hearing preceded by advertisement on a website advertisement is held not less than days after initial publication;and (14)(a) If the notice of proposed property taxes mailed to taxpayers under this section contains an error, the property appraiser, in lieu of mailing a corrected notice to all taxpayers, may correct the error by mailing a short form of the notice to those taxpayers affected by the error and its correction. The notice shall be prepared by the property appraiser at the expense of the taxing authority which caused the error or at the property appraiser's expense if he or she caused the error. The form of the notice must be approved by the executive director of the Department of Revenue or the executive director's designee. If the error involves only the date and time of the public hearings required by this section, the property appraiser, with the permission of the taxing authority affected by the error, may correct the error by advertising the corrected information on a publicly accessible website maintained by the taxing authority or in a newspaper of general circulation in the county as provided in subsection (3). Section 20. Subsection (2) of section 255.0525, Florida Statutes, is amended to read: 255.0525 Advertising for competitive bids or proposals.-(2) The solicitation of competitive bids or proposals for any county, municipality, or other political subdivision construction project that is projected to cost more than $200,000 shall be publicly advertised at least once in a newspaper of general circulation in the county where the project is located at least days before prior to the established bid opening and at least days before prior to any scheduled prebid conference,or advertised daily during the 21-day period immediately preceding the established bid opening date and daily during the 5-day period immediately preceding any scheduled prebid conference on a publicly accessible website maintained by the entity responsible for publication.The solicitation of competitive bids or proposals for any county, municipality, or other political subdivision construction project that is projected to cost more than $500,000 shall be publicly advertised at least once in a newspaper of general circulation in the county where the project is located at least days before prior to the established bid opening and at least days before prior to any scheduled prebid conference,or advertised daily during the 30-day period immediately preceding the established bid opening date and daily during the 5-day period immediately preceding any scheduled prebid conference on a publicly accessible website.Bids or proposals shall be received and opened at the location, date, and time established in the bid or proposal advertisement. In cases of emergency, the procedures required in this section may be altered by the local governmental entity in any manner that is reasonable under the emergency circumstances. Section 21. Paragraph (e) of subsection (25) of section 380.06, Florida Statutes, is amended to read: 380.06 Developments of regional impact.-(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.-(e) The local government shall schedule a public hearing within days after receipt of the petition. The public hearing shall be advertised at least days before prior to the hearing. In addition to the public hearing notice by the local government, the petitioner, except when the petitioner is a local government, shall provide actual notice to each person owning land within the proposed areawide development plan at least days before prior to the hearing. If the petitioner is a local government, or local governments pursuant to an interlocal agreement, notice of the public hearing shall be provided by the publication of an advertisement on a publicly accessible website maintained by the county or municipality responsible for publication or in a newspaper of general circulation that meets the requirements of this paragraph. The newspaper advertisement must be no less than one-quarter page in a standard size or tabloid size newspaper, and the headline in the newspaper advertisement must be in type no smaller than point. The newspaper advertisement may shall not be published in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement must be published on a publicly accessible website maintained by the county or municipality responsible for publication or in a newspaper of general paid circulation in the county and of general interest and readership in the community, not one of limited subject matter, pursuant to chapter 50. Whenever possible, the newspaper advertisement must appear in a newspaper that is published at least days a week, unless the only newspaper in the community is published less than days a week. The advertisement must be in substantially the form used to advertise amendments to comprehensive plans pursuant to s. 163.3184. The local government shall specifically notify in writing the regional planning agency and the state land planning agency at least days before prior to the public hearing. At the public hearing, all interested parties may testify and submit evidence regarding the petitioner's qualifications, the need for and benefits of an areawide development of regional impact, and such other issues relevant to a full consideration of the petition. If more than one local government has jurisdiction over the defined planning area in an areawide development plan, the local governments shall hold a joint public hearing. Such hearing shall address, at a minimum, the need to resolve conflicting ordinances or comprehensive plans, if any. The local government holding the joint hearing shall comply with the following additional requirements: 1. The notice of the hearing shall be published at least 60 days in advance of the hearing and shall specify where the petition may be reviewed. 2. The notice shall be given to the state land planning agency, to the applicable regional planning agency, and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. 3. A public hearing date shall be set by the appropriate local government at the next scheduled meeting. Section 22. Subsection (2) of section 403.7049, Florida Statutes, is amended to read: 403.7049 Determination of full cost for solid waste management; local solid waste management fees.-(2)(a) Each municipality shall establish a system to inform, no less than once a year, residential and nonresidential users of solid waste management services within the municipality's service area of the user's share, on an average or individual basis, of the full cost for solid waste management as determined pursuant to subsection (1). Counties shall provide the information required of municipalities only to residential and nonresidential users of solid waste management services within the county's service area that are not served by a municipality. Municipalities shall include costs charged to them or persons contracting with them for disposal of solid waste in the full cost information provided to residential and nonresidential users of solid waste management services. (b) The public disclosure system requirements of this section shall be fulfilled by meeting one of the following: 1. By mailing a copy of the full cost information to each residential and nonresidential user of solid waste management service within the solid waste management service area of the county or municipality; 2. By enclosing a copy of the full cost information in or with a bill sent to each residential and nonresidential user of solid waste management services within the service area of the county or municipality; 3. By publishing a copy of the full cost information in a newspaper of general circulation within the county. Such notice shall be a display advertisement not less than one-quarter page in size; or 4. By advertising a copy of the full cost information daily for at least two consecutive weeks on a publicly accessible website maintained by the municipality. (c) (b) Counties and municipalities are encouraged to operate their solid waste management systems through use of an enterprise fund. Section 23. Paragraph (a) of subsection (2) of section 403.973, Florida Statutes, is amended to read: 403.973 Expedited permitting; amendments to comprehensive plans.-(2) As used in this section, the term: (a) "Duly noticed" means publication on a publicly accessible website maintained by the municipality or county having jurisdiction or in a newspaper of general circulation in the municipality or county having with jurisdiction. If published in a newspaper, the notice shall appear on at least separate days, one of which shall be at least days before the meeting. If published on a publicly accessible website, the notice shall appear daily during the days immediately preceding the meeting. The notice shall state the date, time, and place of the meeting scheduled to discuss or enact the memorandum of agreement, and the places within the municipality or county where such proposed memorandum of agreement may be inspected by the public. The newspaper notice must be one-eighth of a page in size and must be published in a portion of the paper other than the legal notices section. The notice shall also advise that interested parties may appear at the meeting and be heard with respect to the memorandum of agreement. Section 24. Paragraph (b) of subsection (4) of section 420.9075, Florida Statutes, is amended to read: 420.9075 Local housing assistance plans; partnerships.-(4) Each local housing assistance plan is governed by the following criteria and administrative procedures: (b) The county or eligible municipality or its administrative representative shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 1000 days before the beginning of the application period or daily 1001 during the days immediately preceding the application period 1002 on a publicly accessible website maintained by the county or 1003 eligible municipality.If no funding is available due to a 1004 waiting list, no notice of funding availability is required. 1005 Section 25. This act shall take effect October 1, 2011.
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Effective Public Notices by Governmental Entities
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Proposes creation of s. 22, Art. III of State Constitution to require Legislature by general law to adopt rules governing time limits, procedures, & processes relating to all death penalty cases & related proceedings in all courts.
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A joint resolution proposing the creation of Section of Article III of the State Constitution to require the Legislature by general law to adopt rules governing time limits, procedures, and processes relating to all death penalty cases and related proceedings in all courts. 8 Be It Resolved by the Legislature of the State of Florida: 10 That the following creation of Section of Article III 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 III LEGISLATURE SECTION 22. Death penalty.-Notwithstanding any other provision of this constitution, the Legislature by general law shall adopt rules governing time limits, procedures, and processes relating to all death penalty cases and related proceedings in all courts. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE III, SECTION 26 DEATH PENALTY CASES.-The State Constitution currently provides that the Florida Supreme Court adopts rules for practice and procedure for all state courts in all cases. Proposing an amendment to the State Constitution to require the Legislature by general law to adopt rules governing time limits, procedures, and processes relating to all death penalty cases and related proceedings in all courts.
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Death Penalty Cases
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Increases percentage of state revenues deposited into State Transportation Trust Fund to be committed by DOT for public transportation projects; directs portion of those revenues to be used for public transit pursuant to specified provisions.
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An act relating to transportation funding; amending s. 206.46, F.S.; increasing the percentage of state revenues deposited into the State Transportation Trust Fund to be committed by the Department of Transportation for public transportation projects; directing a portion of those revenues to be used for public transit pursuant to specified provisions; providing an effective date. 10 Be It Enacted by the Legislature of the State of Florida: 12 Section 1. Section 206.46, Florida Statutes, is amended to read: 206.46 State Transportation Trust Fund.-(1) All moneys in the State Transportation Trust Fund, which is hereby created, shall be used for transportation purposes, as provided by law, under the direction of the Department of Transportation, which department may from time to time make requisition on the Chief Financial Officer for such funds. Moneys from such fund shall be drawn by the Chief Financial Officer by warrant upon the State Treasury pursuant to vouchers and shall be paid in like manner as other state warrants are paid out of the appropriated fund against which the warrants are drawn. All sums of money necessary to provide for the payment of the warrants by the Chief Financial Officer drawn upon such fund are appropriated annually out of the fund for the purpose of making such payments from time to time. (2) Notwithstanding any other provisions of law, from the revenues deposited into the State Transportation Trust Fund a maximum of percent in each fiscal year shall be transferred into the Right-of-Way Acquisition and Bridge Construction Trust Fund created in s. 215.605, as needed to meet the requirements of the documents authorizing the bonds issued or proposed to be issued under ss. 215.605 and 337.276 or at a minimum amount sufficient to pay for the debt service coverage requirements of outstanding bonds. Notwithstanding the percent annual transfer authorized in this subsection, the annual amount transferred under this subsection shall not exceed an amount necessary to provide the required debt service coverage levels for a maximum debt service not to exceed $275 million. Such transfer shall be payable primarily from the motor and diesel fuel taxes transferred to the State Transportation Trust Fund from the Fuel Tax Collection Trust Fund. (3) (a) Each fiscal year, a minimum of percent of all state revenues deposited into the State Transportation Trust Fund shall be committed annually by the Department of Transportation department for public transportation projects in accordance with chapter 311, ss. 332.003-332.007, chapter 341, and chapter 343. (b) Each fiscal year, a minimum of percent of all state revenues deposited into the State Transportation Trust Fund pursuant to paragraph (a), which are committed annually by the Department of Transportation for public transportation projects, shall be specifically committed to public transit in accordance with chapter 341. (4) The Department of Transportation department may authorize the investment of the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to s. 339.135(6)(b). (5) Notwithstanding any other provision of law, the Department of Transportation department may covenant to pay all or any part of the costs of operation and maintenance of any existing or future department-owned toll facility or system directly from moneys in the State Transportation Trust Fund which will be reimbursed from turnpike revenues after the payment of debt service and other bond resolution accounts as needed to protect the integrity of the toll facility or system. If such reimbursement is determined to adversely impact the toll facility or system, the reimbursement obligation shall become a debt payable to the State Transportation Trust Fund to be reimbursed over an agreed-upon period of time. The Department of Transportation department shall take into account projections of operation and maintenance reimbursements in the financing of the tentative and adopted work programs. The state does hereby covenant that it will not repeal or impair or amend this section in any manner that will materially and adversely affect the rights of bondholders so long as bonds authorized pursuant to the provisions of this subsection are outstanding. Section 2. This act shall take effect July 1, 2011.
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Transportation Funding
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Requires retailer of lottery tickets to provide assistance to individual who is blind or visually impaired & has requested assistance in filling out his or her lottery ticket; provides that retailer or employee of retailer is not liable under certain circumstances.
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An act relating to state lotteries; amending s. 24.112, F.S.; requiring each retailer of lottery tickets to provide assistance to any individual who is blind or visually impaired and has requested assistance in filling out his or her lottery ticket; providing a definition; providing that a retailer or an employee of the retailer is not liable under certain circumstances; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. Subsection (13) of section 24.112, Florida Statutes, is amended to read: 24.112 Retailers of lottery tickets.-(13) (a) Each retailer shall provide accessibility for disabled persons on habitable grade levels. This paragraph subsection does not apply to a retail location which has an entrance door threshold more than inches above ground level. As used in this paragraph herein and for purposes of this subsection only,the term "accessibility for disabled persons on habitable grade levels" means that retailers shall provide ramps, platforms, aisles and pathway widths, turnaround areas, and parking spaces to the extent these are required for the retailer's premises by the particular jurisdiction where the retailer is located. Accessibility shall be required to only one point of sale of lottery tickets for each lottery retailer location. The requirements of this paragraph subsection shall be deemed to have been met if, in lieu of the foregoing, disabled persons can purchase tickets from the retail location by means of a drive-up window, provided the hours of access at the drive-up window are not less than those provided at any other entrance at that lottery retailer location. Inspections for compliance with this paragraph subsection shall be performed by those enforcement authorities responsible for enforcement pursuant to s. 553.80 in accordance with procedures established by those authorities. Those enforcement authorities shall provide to the Department of the Lottery a certification of noncompliance for any lottery retailer not meeting such requirements. (b) Each retailer shall provide assistance to any individual who is blind or visually impaired and has requested assistance in filling out his or her lottery ticket. As used in this paragraph, the term "assistance" means the inputting and printing of the requested lottery ticket as communicated verbally or in writing by the blind or visually impaired individual. A retailer or an employee of the retailer is not liable for any alleged or actual scrivener's error absent a finding of intentional fraud or malice by a court of competent jurisdiction. Section 2. This act shall take effect July 1, 2011.
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State Lotteries
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Provides that person who violates open house party statute second or subsequent time commits misdemeanor of first degree; provides that person commits misdemeanor of first degree if violation of open house party statute causes or contributes to causing serious bodily injury or death to minor, or causes or contributes to causing serious bodily injury or death to another person as result of minor's consumption of alcohol or drugs at open house party, etc.
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An act relating to open house parties; amending s. 856.015, F.S.; providing that a person who violates the open house party statute a second or subsequent time commits a misdemeanor of the first degree; providing that a person commits a misdemeanor of the first degree if the violation of the open house party statute causes or contributes to causing serious bodily injury or death to the minor, or causes or contributes to causing serious bodily injury or death to another person as a result of the minor's consumption of alcohol or drugs at the open house party; providing criminal penalties; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Subsections (2) and (4) of section 856.015, Florida Statutes, are amended, and subsection (5) is added to that section, to read: 856.015 Open house parties.-(2) A No person having control of any residence may not shall allow an open house party to take place at the said residence if any alcoholic beverage or drug is possessed or consumed at the said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. (4) Any person who violates any of the provisions of subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates subsection (2) a second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) If a violation of subsection (2) causes or contributes to causing serious bodily injury, as defined in s. 316.1933, or death to the minor, or if the minor causes or contributes to causing serious bodily injury or death to another as a result of the minor's consumption of alcohol or drugs at the open house party, the violation is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Section 2. This act shall take effect July 1, 2011.
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Open House Parties
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Revises provisions relating to procedures for declaring special districts inactive; specifies level of detail required for local governmental entity's proposed budget; revises provisions for local governmental entity's audit & annual financial reports; requires local governmental entity's budget to be posted online; revises budgetary guidelines for district school boards.
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An act relating to local government accountability; amending s. 11.40, F.S., relating to the Legislative Auditing Committee; clarifying when the Department of Community Affairs may institute procedures for declaring that a special district is inactive; amending s. 30.49, F.S.; specifying the level of detail required for each fund in the sheriff's proposed budget; revising the categories for expenditures; amending s. 112.63, F.S., relating to the review of the actuarial reports and statements of retirement plans of governmental entities by the Department of Management Services; providing that the failure of a special district to make appropriate adjustments or provide additional information authorizes the department to seek a writ of certiorari; amending s. 129.01, F.S.; revising provisions relating to the preparation of county budgets; specifying the level of detail required for each fund in the budget; amending s. 129.02, F.S.; revising provisions relating to the preparation of special district budgets; specifying the level of detail required for each fund in the budget; amending s. 129.021, F.S.; conforming cross-references; amending s. 129.03, F.S.; deleting a time restriction on preparing and presenting a tentative county budget; requiring tentative county budgets to be posted on the county's website; amending s. 129.06, F.S.; revising provisions relating to the execution and amendment of county budgets; requiring revised budgets to be posted on the county's website; amending s. 129.07, F.S.; revising provisions relating to the prohibition against exceeding the county budget; amending s. 129.201, F.S.; conforming and revising provisions relating to the budget of the supervisor of elections; specifying the level of detail required for each fund in the proposed budget; revising expenditure categories; amending s. 166.241, F.S.; revising provisions relating to the preparation or amendment of municipal budgets; specifying the level of detail for each fund in the budget; requiring such budgets and amendments to such budgets to be posted on the website of the municipality or related county; amending s. 189.4044, F.S.; adding failure to file a registered office or agent with the department for or more years as a criteria for declaring a special district inactive; amending s. 189.412, F.S.; adding the Legislative Auditing Committee to the list of entities that obtain special district noncompliance status reports; amending s. 189.418, F.S.; revising provisions relating to the preparation or amendment of special district budgets; specifying the level of detail for each fund in the budget; requiring such budgets to be posted on the website of the special district or related local general-purpose government or governing authority; specifying how the budget may be amended under certain circumstances; requiring special districts to comply with certain reporting requirements; authorizing a local governing authority to request certain financial information from special districts located solely within the boundaries of the authority; requiring special districts to cooperate with such requests; amending s. 189.419, F.S.; revising procedures relating to a special district's failure to file certain reports or information; amending s. 189.421, F.S.; revising procedures relating to the failure of a special district to disclose financial reports; authorizing the Department of Community Affairs to seek a writ of certiorari; amending s. 195.087, F.S.; requiring the final approved budget of the property appraiser and tax collector to be posted on their respective website or, if not available, the county's website; amending s. 218.32, F.S.; revising the schedule for submitting a local governmental entity's audit and annual financial reports to the Department of Financial Services; requiring the department to notify the Special District Information Program if it does not receive a financial report from a local governmental entity; requiring a local governmental entity to provide a link to the entity's financial report on the department's website; amending s. 218.35, F.S.; requiring the budget for certain county-related duties to be itemized in accordance with the uniform accounting system of the Department of Financial Services; specifying the level of detail for each fund in the clerk of the court's budget; requiring the court clerk's approved budget to be posted on the county's website; amending s. 218.39, F.S.; revising the timeframe for completing a local governmental entity's annual financial audit; requiring that an auditor prepare an audit report; requiring that such report be filed with the Auditor General within a specified time; requiring that the Auditor General notify the Legislative Auditing Committee of any audit report indicating that an audited entity has failed to take corrective action; requiring that the chair of a local governmental entity appear before the committee under certain circumstances; amending s. 218.503, F.S.; revising provisions relating to oversight by the Governor when an entity's financial statements show it cannot cover a deficit of funds; amending s. 373.536, F.S.; requiring that water management district budgets be posted on the district website; amending s. 1011.03, F.S.; requiring the summary of the tentative budget, the tentative budget, and the budget of a district school board to be posted on the district's official website; amending s. 1011.051, F.S.; revising provisions relating to the guidelines for district school boards to maintain an ending fund balance for the general fund; amending s. 1011.64, F.S.; updating obsolete accounting terminology for school districts; providing an effective date. 107 Be It Enacted by the Legislature of the State of Florida: 109 Section 1. Paragraph (b) of subsection (5) of section 11.40, Florida Statutes, is amended to read: 11.40 Legislative Auditing Committee.-(5) Following notification by the Auditor General, the Department of Financial Services, or the Division of Bond Finance of the State Board of Administration of the failure of a local governmental entity, district school board, charter school, or charter technical career center to comply with the applicable provisions within s. 11.45(5)-(7), s. 218.32(1), or s. 218.38, the Legislative Auditing Committee may schedule a hearing. If a hearing is scheduled, the committee shall determine if the entity should be subject to further state action. If the committee determines that the entity should be subject to further state action, the committee shall: (b) In the case of a special district, notify the Department of Community Affairs that the special district has failed to comply with the law. Upon receipt of notification, the Department of Community Affairs shall proceed pursuant to s. 189.4044 or the provisions specified in s. 189.421. Section 2. Subsections (1) through (4) of section 30.49, Florida Statutes, are amended to read: 30.49 Budgets.-(1) Pursuant to s. 129.03(2), each sheriff shall annually prepare and submit certify to the board of county commissioners a proposed budget of expenditures for the carrying out of the powers, duties, and operations of the office for the next ensuing fiscal year of the county.The fiscal year of the sheriff commences shall henceforth commence on October and ends end on September of each year. (2)(a) The sheriff shall submit with the proposed budget his or her sworn certificate, stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of the office for the ensuing year. The proposed budget must shall show the estimated amounts of all proposed expenditures for operating and equipping the sheriff's office and jail, excluding the cost of construction, repair, or capital improvement of county buildings during the such fiscal year. The expenditures must shall be categorized at the appropriate fund level in accordance with the following functional categories: 1. General law enforcement. 2. Corrections and detention alternative facilities. 3. Court services, excluding service of process. (b) The sheriff shall submit a sworn certificate along with the proposed budget stating that the proposed expenditures are reasonable and necessary for the proper and efficient operation of the office for the next fiscal year. (c) Within the appropriate fund and functional category, expenditures must shall be itemized in accordance with the uniform accounting system chart of accounts prescribed by the Department of Financial Services, as follows: 1. Personnel Personal services. 2. Operating expenses. 3. Capital outlay. 4. Debt service. 5. Grants and aids Nonoperating disbursements and contingency reserves.6. Other uses. (d) (c) The sheriff shall submit to the board of county commissioners for consideration and inclusion in the county budget, as deemed appropriate by the county, requests for construction, repair, or capital improvement of county buildings operated or occupied by the sheriff. (3) The sheriff shall furnish to the board of county commissioners or the budget commission, if there is a budget commission in the county, all relevant and pertinent information concerning expenditures made in previous fiscal years and to the proposed expenditures which the such board or commission deems necessary, including expenditures at the subobject code level in accordance with the uniform accounting system prescribed by the Department of Financial Services. The board or commission may not amend, modify, increase, or reduce any expenditure at the subobject code level. except that The board or commission may not require confidential information concerning details of investigations which.Confidential information concerning details of investigations is exempt from the provisions of s. 119.07(1). (4) The board of county commissioners or the budget commission, as appropriate the case may be,may require the sheriff to correct mathematical, mechanical, factual, and clerical errors and errors as to form in the proposed budget. At the hearings held pursuant to s. 200.065, the board or commission,as the case may be, may amend, modify, increase, or reduce any or all items of expenditure in the proposed budget,as certified by the sheriff pursuant to paragraphs (2)(a)-(c), and shall approve such budget, as amended, modified, increased, or reduced. The board or commission It must give written notice of its action to the sheriff and specify in such notice the specific items amended, modified, increased, or reduced. The budget must shall include the salaries and expenses of the sheriff's office, cost of operation of the county jail, purchase, maintenance and operation of equipment, including patrol cars, radio systems, transporting prisoners, court duties, and all other salaries, expenses, equipment, and investigation expenditures of the entire sheriff's office for the previous year. (a) The sheriff, within days after receiving written notice of such action by the board or commission, either in person or in his or her office, may file an appeal by petition to the Administration Commission. Such appeal shall be by petition to the Administration commission. The petition must shall set forth the budget proposed by the sheriff, in the form and manner prescribed by the Executive Office of the Governor and approved by the Administration Commission, and the budget as approved by the board of county commissioners or the budget commission,as the case may be, and shall contain the reasons or grounds for the appeal. Such petition shall be filed with the Executive Office of the Governor, and a copy of the petition shall be served upon the board or commission from the decision of which appeal is taken by delivering the same to the chair or president thereof or to the clerk of the circuit court. (b) The board of county commissioners or the budget commission,as the case may be, shall have days following from delivery of a copy of any such petition to file a reply with the Executive Office of the Governor a reply thereto,and it shall deliver a copy of such reply to the sheriff. Section 3. Subsection (4) of section 112.63, Florida Statutes, is amended to read: 112.63 Actuarial reports and statements of actuarial impact; review.-(4) Upon receipt, pursuant to subsection (2), of an actuarial report, or upon receipt,pursuant to subsection (3), of a statement of actuarial impact, the Department of Management Services shall acknowledge such receipt, but shall only review and comment on each retirement system's or plan's actuarial valuations at least on a triennial basis. (a) If the department finds that the actuarial valuation is not complete, accurate, or based on reasonable assumptions or otherwise materially fails to satisfy the requirements of this part;, if the department requires additional material information necessary to complete its review of the actuarial valuation of a system or plan or material information necessary to satisfy the duties of the department pursuant to s. 112.665(1);, or if the department does not receive the actuarial report or statement of actuarial impact, the department shall notify the administrator of the affected retirement system or plan and the affected governmental entity and request appropriate adjustment, the additional material information, or the required report or statement. The notification must inform the administrator of the affected retirement system or plan and the affected governmental entity of the consequences for failing failure to comply with the requirements of this subsection. (b) If, after a reasonable period of time, a satisfactory adjustment is not made or the report, statement, or additional material information is not provided, the department may notify the Department of Revenue and the Department of Financial Services of the such noncompliance, and in which case the Department of Revenue and the Department of Financial Services shall withhold any funds not pledged for satisfaction of bond debt service which are payable to the affected governmental entity until the adjustment is made or the report, statement, or additional material information is provided to the department. The Department of Management Services shall specify the date such action is to begin and notify,and notification by the department must be received by the Department of Revenue, the Department of Financial Services, and the affected governmental entity days before the specified date the action begins.(c) (a) Within days after receipt of the notice, the affected governmental entity may petition the Department of Management Services for a hearing under ss. 120.569 and 120.57 with the Department of Management Services.The Department of Revenue and the Department of Financial Services may not be parties to the any such hearing, but may request to intervene if requested by the Department of Management Services or if the Department of Revenue or the Department of Financial Services determines its interests may be adversely affected by the hearing. 1. If the administrative law judge recommends in favor of the department, the department shall perform an actuarial review, prepare the statement of actuarial impact, or collect the requested material information. The cost to the department of performing the such actuarial review, preparing the statement, or collecting the requested material information shall be charged to the affected governmental entity whose of which the employees are covered by the retirement system or plan. If payment of such costs is not received by the department within days after receipt by the affected governmental entity receives of the request for payment, the department shall certify to the Department of Revenue and the Department of Financial Services the amount due, and the Department of Revenue and the Department of Financial Services shall pay such amount to the Department of Management Services from any funds not pledged for satisfaction of bond debt service which are payable to the affected governmental entity of which the employees are covered by the retirement system or plan.2. If the administrative law judge recommends in favor of the affected governmental entity and the department performs an actuarial review, prepares the statement of actuarial impact, or collects the requested material information, the cost to the department of performing the actuarial review, preparing the statement, or collecting the requested material information shall be paid by the Department of Management Services. (d) (b) In the case of an affected special district, the Department of Management Services shall also notify the Department of Community Affairs. Upon receipt of notification, the Department of Community Affairs shall proceed pursuant to the provisions of s. 189.421 with regard to the special district.1. Failure of a special district to provide a required report or statement, to make appropriate adjustments, or to provide additional material information after the procedures specified in s. 189.421(1) are exhausted shall be deemed final action by the special district. 2. The Department of Management Services may notify the Department of Community Affairs of those special districts that failed to come into compliance. Upon receipt of notification, the Department of Community Affairs shall proceed pursuant to s. 189.421(4). Section 4. Section 129.01, Florida Statutes, is amended to read: 129.01 Budget system established.-There is hereby established A budget system for the control of the finances of the boards of county commissioners of the several counties of the state is established,as follows: (1) A budget There shall be prepared, approved, adopted, and executed,as prescribed in this chapter,for the fiscal year ending September 30, 1952, and for each fiscal year.At a minimum, the budget must show for each fund, as thereafter, an annual budget for such funds as may be required by law and or by sound financial practices,budgeted revenues and expenditures by organizational unit which are at least at the level of detail required for the annual financial report under s. 218.32(1) and generally accepted accounting principles.The budget shall control the levy of taxes and the expenditure of money for all county purposes during the ensuing fiscal year. (2) The Each budget must shall conform to the following general directions and requirements: (a) The budget must shall be prepared, summarized, and approved by the board of county commissioners of each county. (b) The budget must shall be balanced,so that;that is, the total of the estimated receipts available from taxation and other sources,including balances brought forward from prior fiscal years,equals shall equal the total of the appropriations for expenditures and reserves. It shall conform to the uniform classification of accounts prescribed by the appropriate state agency. The budgeted receipts must division of the budget shall include percent of all receipts reasonably to be anticipated from all sources, including taxes to be levied, provided the percent anticipated from ad valorem levies is shall be as specified in s. 200.065(2)(a), and is percent of the amount of the balances of both cash and liquid securities estimated to be brought forward at the beginning of the fiscal year. The appropriations must appropriation division of the budget shall include itemized appropriations for all expenditures authorized by law, contemplated to be made, or incurred for the benefit of the county during the said year and the provision for the reserves authorized by this chapter. Both the receipts and appropriations must appropriation divisions shall reflect the approximate division of expenditures between countywide expenditures and noncountywide expenditures and the division of county revenues derived from or on behalf of the county as a whole and county revenues derived from or on behalf of a municipal service taxing unit, special district included within the county budget, unincorporated area, service area, or program area, or otherwise not received for or on behalf of the county as a whole. (c) Provision may be made for the following reserves: 1. A reserve for contingencies may be provided which does in a sum not to exceed percent of the total appropriations of the budget.2. A reserve for cash balance to be carried over may be provided for the purpose of paying expenses from October of the next ensuing fiscal year until the time when the revenues for that year are expected to be available. This reserve may be not be more than percent of the total appropriations. However, receipts and balances of the budget; provided that for the bond interest and sinking fund budget, this reserve may not exceed be not more than the total maturities of debt,( both principal and interest ),which that will occur during the next ensuing fiscal year, plus the sinking fund requirements, computed on a straight-line basis, for any outstanding obligations to be paid from the fund. (d) An appropriation for " outstanding indebtedness " shall be made to provide for the payment of vouchers that which have been incurred in and charged against the budget for the current year or a prior year, but that which are expected to be unpaid at the beginning of the next fiscal ensuing year for which the budget is being prepared.The appropriation for the payment of such vouchers shall be to made in the same fund in which for which the expenses were originally incurred. (e) Any surplus arising from an excess of the estimated cash balance over the estimated amount of unpaid obligations to be carried over in a fund at the end of the current fiscal year may be transferred to any of the other funds of the county, and the amount so transferred shall be budgeted as a receipt to such other funds.However, a;provided, that no such surplus:1. In a fund raised for debt service may not shall be transferred to another fund until,except to a fund raised for the same purposes in the same territory, unless the debt for which the fund was established of such territory has been extinguished., in which case it may be transferred to any other fund raised for that territory; provided, further, that no such surplus 2. In a capital outlay reserve fund may not be transferred to another fund until such time as the projects for which the such capital outlay reserve fund was raised have been completed and all obligations paid. Section 5. Subsection (6) of section 129.02, Florida Statutes, is amended to read: 129.02 Requisites of budgets.-Each budget shall conform to the following specific directions and requirements: (6) For each special district included within the county budget, the operating fund budget must show budgeted revenues and expenditures by organizational unit which are at least at the level of detail required for the annual financial report under s. 218.32(1). The amount available from taxation and other sources, including balances brought forward from prior fiscal years, must equal the total appropriations for expenditures and reserves. The budget must include shall contain an estimate of receipts by source and balances as provided herein, and an itemized estimate of expenditures necessary that will need to be incurred to carry on all functions and activities of the special district as now or hereafter provided by law,including and of the indebtedness of the special district and the provision for required reserves;also of the reserves for contingencies and the balances, as hereinbefore provided, which should be carried forward at the end of the year.Section 6. Section 129.021, Florida Statutes, is amended to read: 129.021 County officer budget information.-Notwithstanding other provisions of law, the budgets of all county officers, as submitted to the board of county commissioners, must shall be in sufficient detail and contain such information as the board of county commissioners may require in furtherance of their powers and responsibilities provided in ss. 125.01(1)(q),and (r),and (v), and (6) and 129.01(2)(b). Section 7. Subsection (3) of section 129.03, Florida Statutes, is amended to read: 129.03 Preparation and adoption of budget.-(3) No later than days after certification of value by the property appraiser pursuant to s. 200.065(1), The county budget officer, after tentatively ascertaining the proposed fiscal policies of the board for the next ensuing fiscal year, shall prepare and present to the board a tentative budget for the next ensuing fiscal year for each of the funds provided in this chapter, including all estimated receipts, taxes to be levied, and balances expected to be brought forward and all estimated expenditures, reserves, and balances to be carried over at the end of the year. (a) The board of county commissioners shall receive and examine the tentative budget for each fund and, subject to the notice and hearing requirements of s. 200.065, shall require such changes to be made as it deems shall deem necessary,; provided the budget remains shall remain in balance. The county budget officer's estimates of receipts other than taxes, and of balances to be brought forward, may shall not be revised except by a resolution of the board, duly passed and spread on the minutes of the board. However, the board may allocate to any of the funds of the county any anticipated receipts, other than taxes levied for a particular fund, except receipts designated or received to be expended for a particular purpose. (b) Upon receipt of the tentative budgets and completion of any revisions made by the board,the board shall prepare a statement summarizing all of the adopted tentative budgets. The This summary statement must shall show, for each budget and the total of all budgets, the proposed tax millages, the balances, the reserves, and the total of each major classification of receipts and expenditures, classified according to the uniform classification of accounts adopted prescribed by the appropriate state agency. The board shall cause this summary statement to be advertised one time in a newspaper of general circulation published in the county, or by posting at the courthouse door if there is no such newspaper, and the advertisement must shall appear adjacent to the advertisement required pursuant to s. 200.065. (c) The board shall hold public hearings to adopt tentative and final budgets pursuant to s. 200.065. The hearings shall be primarily for the purpose of hearing requests and complaints from the public regarding the budgets and the proposed tax levies and for explaining the budget and any proposed or adopted amendments thereto, if any.The tentative budget must be posted on the county's official website at least 2 days before the public hearing to consider such budget. The final budget must be posted on the website within days after adoption. The tentative budgets, adopted tentative budgets, and final budgets shall be filed in the office of the county auditor as a public record. Sufficient reference in words and figures to identify the particular transactions shall be made in the minutes of the board to record its actions with reference to the budgets. Section 8. Subsection (1) and paragraphs (a) and (f) of subsection (2) of section 129.06, Florida Statutes, are amended to read: 129.06 Execution and amendment of budget.-(1) Upon the final adoption of the budgets as provided in this chapter, the budgets so adopted must shall regulate the expenditures of the county and each special district included within the county budget, and the itemized estimates of expenditures must shall have the effect of fixed appropriations and may shall not be amended, altered, or exceeded except as provided in this chapter. (a) The modified-accrual basis or accrual basis of accounting must be followed for all funds in accordance with generally accepted accounting principles. (b) The cost of the investments provided in this chapter, or the receipts from their sale or redemption, may must not be treated as expense or income, and but the investments on hand at the beginning or end of each fiscal year must be carried as separate items at cost in the fund balances; however, the amounts of profit or loss received on their sale must be treated as income or expense, as applicable the case may be.(2) The board at any time within a fiscal year may amend a budget for that year, and may within the first days of a fiscal year amend the budget for the prior fiscal year, as follows: (a) Appropriations for expenditures within in any fund may be decreased or and other appropriations in the same fund correspondingly increased by motion recorded in the minutes if,provided that the total of the appropriations of the fund does not change may not be changed.The board of county commissioners,however, may establish procedures by which the designated budget officer may authorize certain intradepartmental budget amendments if,provided that the total appropriations appropriation of the fund does not change department may not be changed.(f) Unless otherwise prohibited by law, if an amendment to a budget is required for a purpose not specifically authorized in paragraphs (a)-(e), unless otherwise prohibited by law, the amendment may be authorized by resolution or ordinance of the board of county commissioners adopted following a public hearing. 1. The public hearing must be advertised at least days, but not more than days, before the date of the hearing. The advertisement must appear in a newspaper of paid general circulation and must identify the name of the taxing authority, the date, place, and time of the hearing, and the purpose of the hearing. The advertisement must also identify each budgetary fund to be amended, the source of the funds, the use of the funds, and the total amount of each fund's appropriations budget.2. If the board amends the budget pursuant to this paragraph, the adopted amendment must be posted on the county's official website within days after adoption. Section 9. Section 129.07, Florida Statutes, is amended to read: 129.07 Unlawful to exceed the budget;certain contracts void; commissioners contracting excess indebtedness personally liable.-It is unlawful for The board of county commissioners may not to expend or enter into a contract requiring expenditures for the expenditure in any fiscal year for more than the amount of appropriations budgeted in each fund's budget, except as provided herein, and in no case shall the total appropriations of any budget may not be exceeded, except as provided in s. 129.06., and Any indebtedness contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for which is chargeable to either of the said funds, is shall be null and void, and no suit may or suits shall be prosecuted in any court in this state for the collection of such indebtedness. same, and The members of the board of county commissioners voting for and contracting for such indebtedness are amounts and the bonds of such members of said boards also shall be liable for any the excess indebtedness so contracted for. Section 10. Section 129.201, Florida Statutes, is amended to read: 129.201 Budget of supervisor of elections; manner and time of preparation and presentation.-(1) Pursuant to ss. 129.01 and s. 129.03(2), each supervisor of elections shall annually prepare and submit certify to the board of county commissioners, or county budget commission if there is one in the county, a proposed budget for carrying out the powers, duties, and operations of income and expenditures to fulfill the duties, responsibilities, and operation of the office of the supervisor of elections for the next ensuing fiscal year of the county.The fiscal year of the supervisor of elections commences shall commence on October of each year and ends shall end on September of the following year. (2) (a) Expenditures must be itemized in accordance with the uniform accounting system prescribed by the Department of Financial Services Each expenditure item in the budget for the supervisor of elections shall be itemized generally as follows: (a) 1. Personnel services. Compensation for the supervisor of elections and all other personnel of the office. (b) 2. Operating expenses. (c) 3. Capital outlay. (d) Debt service. (e) 4. Grants and aids. Contingencies and transfers. (f) Other uses. (b) To the extent appropriate, the budget shall be further itemized in conformance with the Uniform Accounting System for Local Units of Government in Florida adopted by rule of the Chief Financial Officer. (3) The supervisor of elections shall furnish to the board of county commissioners or the county budget commission all relevant and pertinent information that the which such board or commission deems shall deem necessary,including expenditures at the subobject code level in accordance with the uniform accounting system prescribed by the Department of Financial Services. The board or commission may not amend, modify, increase, or reduce any expenditure at the subobject code level.(4) The board or commission, as appropriate the case may be,may require the supervisor of elections to correct mathematical, mechanical, factual, and clerical errors and errors of form in the proposed budget. At the hearings held pursuant to s. 200.065, the board or commission may amend, modify, increase, or reduce any or all items of expenditure in the proposed budget as submitted under subsections (1) and (2);and, as amended, modified, increased, or reduced, such budget shall be approved by the board or commission, which must provide giving written notice of its action to specific items amended, modified, increased, or reduced. (5) The board or commission shall include in the county budget the items of proposed expenditures as set forth in the budget which are required by this section to be submitted, after the budget has been reviewed and approved. The board or commission shall include the supervisor of elections' reserve for contingencies provided herein in the general county budget's reserve for contingencies account in the general county budget.(6) The supervisor of elections' reserve for contingencies is in the budget of a supervisor of elections shall be governed by the same provisions governing the amount and use of the reserve for contingencies appropriated in the county budget. (7) The proposed budget shall be submitted to the board of county commissioners or county budget commission pursuant to s. 129.03(2),and the budget shall be included by the board or commission in the general county budget. (8) The items placed in the budget of the board are pursuant to this act shall be subject to the same provisions of law as the county annual budget; however, an no amendment may be made to the appropriations of the office of the supervisor of elections may not be made without due notice of the change to the supervisor of elections. (9) The budget of the supervisor of elections may be increased by the board of county commissioners to cover such expenses for emergencies and unanticipated expenses as are recommended and justified by the supervisor of elections. Section 11. Section 166.241, Florida Statutes, is amended to read: 166.241 Fiscal years, appropriations, budgets, and budget amendments.-(1) Each municipality shall establish make provision for establishing a fiscal year beginning October of each year and ending September of the following year. (2) The governing body of each municipality shall adopt a budget each fiscal year. The budget must be adopted by ordinance or resolution unless otherwise specified in the respective municipality's charter. The amount available from taxation and other sources, including balances brought forward amounts carried over from prior fiscal years, must equal the total appropriations for expenditures and reserves. At a minimum, the adopted budget must show for each fund, as required by law and sound financial practices, budgeted revenues and expenditures by organizational unit which are at least at the level of detail required for the annual financial report under s. 218.32(1). The adopted budget must regulate expenditures of the municipality, and an it is unlawful for any officer of a municipal government may not to expend or contract for expenditures in any fiscal year except pursuant to the adopted budget in pursuance of budgeted appropriations.(3) The tentative budget must be posted on the municipality's official website at least days before the budget hearing, held pursuant to s. 200.065 or other law, to consider such budget. The final adopted budget must be posted on the municipality's official website within days after adoption. If the municipality does not operate an official website, the municipality must, within a reasonable period of time as established by the county or counties in which the municipality is located, transmit the tentative budget and final budget to the manager or administrator of such county or counties who shall post the budgets on the county's website. (4) (3) The governing body of each municipality at any time within a fiscal year or within up to days following the end of the fiscal year may amend a budget for that year as follows: (a) Appropriations for expenditures within a fund may be decreased or increased by motion recorded in the minutes if,provided that the total of the appropriations of the fund is not changed. (b) The governing body may establish procedures by which the designated budget officer may authorize certain budget amendments if within a department, provided that the total of the appropriations of the fund department is not changed. (c) If a budget amendment is required for a purpose not specifically authorized in paragraph (a) or paragraph (b), the budget amendment must be adopted in the same manner as the original budget unless otherwise specified in the municipality's charter of the respective municipality.(5) If the governing body of a municipality amends the budget pursuant to paragraph (4)(c), the adopted amendment must be posted on the official website of the municipality within days after adoption. If the municipality does not operate an official website, the municipality must, within a reasonable period of time as established by the county or counties in which the municipality is located, transmit the adopted amendment to the manager or administrator of such county or counties who shall post the adopted amendment on the county's website. Section 12. Paragraph (a) of subsection (1) of section 189.4044, Florida Statutes, is amended to read: 189.4044 Special procedures for inactive districts.-(1) The department shall declare inactive any special district in this state by documenting that: (a) The special district meets one of the following criteria: 1. The registered agent of the district, the chair of the governing body of the district, or the governing body of the appropriate local general-purpose government notifies the department in writing that the district has taken no action for 2 or more years; 2. Following an inquiry from the department, the registered agent of the district, the chair of the governing body of the district, or the governing body of the appropriate local general-purpose government notifies the department in writing that the district has not had a governing board or a sufficient number of governing board members to constitute a quorum for or more years or the registered agent of the district, the chair of the governing body of the district, or the governing body of the appropriate local general-purpose government fails to respond to the department's inquiry within 21 days; or 3. The department determines, pursuant to s. 189.421, that the district has failed to file any of the reports listed in s. 189.419;or.4. The district has not had a registered office and agent on file with the department for or more years. Section 13. Subsection (1) of section 189.412, Florida Statutes, is amended to read: 189.412 Special District Information Program; duties and responsibilities.-The Special District Information Program of the Department of Community Affairs is created and has the following special duties: (1) The collection and maintenance of special district noncompliance status reports from the Department of Management Services, the Department of Financial Services, the Division of Bond Finance of the State Board of Administration, and the Auditor General,and the Legislative Auditing Committee, for the reporting required in ss. 112.63, 218.32, 218.38, and 218.39. The noncompliance reports must list those special districts that did not comply with the statutory reporting requirements. Section 14. Subsections (3) through (7) of section 189.418, Florida Statutes, are amended to read: 189.418 Reports; budgets; audits.-(3) The governing body of each special district shall adopt a budget by resolution each fiscal year. The total amount available from taxation and other sources, including balances brought forward amounts carried over from prior fiscal years, must equal the total of appropriations for expenditures and reserves. At a minimum, the adopted budget must show for each fund, as required by law and sound financial practices, budgeted revenues and expenditures by organizational unit which are at least at the level of detail required for the annual financial report under s. 218.32(1). The adopted budget must regulate expenditures of the special district, and an it is unlawful for any officer of a special district may not to expend or contract for expenditures in any fiscal year except pursuant to the adopted budget in pursuance of budgeted appropriations.(4) The tentative budget must be posted on the special district's official website at least days before the budget hearing, held pursuant to s. 200.065 or other law, to consider such budget. The final adopted budget must be posted on the special district's official website within days after adoption. If the special district does not operate an official website, the special district must, within a reasonable period of time as established by the local general-purpose government or governments in which the special district is located or the local governing authority to which the district is dependent, transmit the tentative budget or final budget to the manager or administrator of the local general-purpose government or the local governing authority. The manager or administrator shall post the tentative budget or final budget on the website of the local general-purpose government or governing authority. This subsection and subsection (3) do not apply to water management districts as defined in s. 373.019. (5) (4) The proposed budget of a dependent special district must shall be presented in accordance with generally accepted accounting principles, contained within the general budget of the local governing authority to which it is dependent,and be clearly stated as the budget of the dependent district. However, with the concurrence of the local governing authority, a dependent district may be budgeted separately. The dependent district must provide any budget information requested by the local governing authority at the time and place designated by the local governing authority. (6) (5) The governing body of each special district at any time within a fiscal year or within up to days following the end of the fiscal year may amend a budget for that year as follows:.(a) Appropriations for expenditures within a fund may be decreased or increased by motion recorded in the minutes if the total appropriations of the fund do not increase. (b) The governing body may establish procedures by which the designated budget officer may authorize certain budget amendments if the total appropriations of the fund is not increased. (c) If a budget amendment is required for a purpose not specifically authorized in paragraph (a) or paragraph (b), the budget amendment must be adopted by resolution. (7) If the governing body of a special district amends the budget pursuant to paragraph (6)(c), the adopted amendment must be posted on the official website of the special district within 5 days after adoption. If the special district does not operate an official website, the special district must, within a reasonable period of time as established by the local general-purpose government or governments in which the special district is located or the local governing authority to which the district is dependent, transmit the adopted amendment to the manager or administrator of the local general-purpose government or governing authority. The manager or administrator shall post the adopted amendment on the website of the local general-purpose government or governing authority. (8) (6) A local general-purpose government governing authority may,in its discretion, review the budget or tax levy of any special district located solely within its boundaries. (9) All special districts must comply with the financial reporting requirements of ss. 218.32 and 218.39. A local general-purpose government or governing authority may request, from any special district located solely within its boundaries, financial information in order to comply with its reporting requirements under ss. 218.32 and 218.39. The special district must cooperate with such request and provide the financial information at the time and place designated by the local general-purpose government or governing authority. (10) (7) All reports or information required to be filed with a local general-purpose government or governing authority under ss. 189.415, 189.416, and 189.417 and subsection (8) must this section shall:(a) If When the local general-purpose government or governing authority is a county, be filed with the clerk of the board of county commissioners. (b) If When the district is a multicounty district, be filed with the clerk of the county commission in each county. (c) If When the local general-purpose government or governing authority is a municipality, be filed at the place designated by the municipal governing body. Section 15. Section 189.419, Florida Statutes, is amended to read: 189.419 Effect of failure to file certain reports or information.-(1) If an independent a special district fails to file the reports or information required under s. 189.415, s. 189.416, or s. 189.417,or s. 189.418(9) with the local general-purpose government or governments in which it is located governing authority,the person authorized to receive and read the reports or information or the local general-purpose government shall notify the district's registered agent and the appropriate local governing authority or authorities.If requested by the district, the local general-purpose government governing authority shall grant an extension of time of up to days for filing the required reports or information. (2) If the governing body of at any time the local general-purpose government or governments governing authority or authorities or the board of county commissioners determines that there has been an unjustified failure to file these the reports or information described in subsection (1),it may notify the department, and the department may proceed pursuant to s. 189.421 (1).(2) If a dependent special district fails to file the reports or information required under s. 189.416, s. 189.417, or s. 189.418(9) with the local governing authority to which it is dependent, the local governing authority shall take whatever steps it deems necessary to enforce the special district's accountability. Such steps may include, as authorized, withholding funds, removing governing board members at will, vetoing the special district's budget, conducting the oversight review process set forth in s. 189.428, or amending, merging, or dissolving the special district in accordance with the provisions contained in the ordinance that created the dependent special district. (3) If a special district fails to file the reports or information required under s. 112.63, s. 218.32, s. 218.38,or s. 218.39 with the appropriate state agency, the agency shall notify the department, and the department shall send a certified technical assistance letter to the special district which summarizes the requirements and encourages the special district to take steps to prevent the noncompliance from reoccurring proceed pursuant to s. 189.421.(4) If a special district fails to file the reports or information required under s. 112.63 with the appropriate state agency, the agency shall notify the department and the department shall proceed pursuant to s. 189.421(1). (5) If a special district fails to file the reports or information required under s. 218.32 or s. 218.39 with the appropriate state agency or office, the state agency or office shall, and the Legislative Auditing Committee may, notify the department and the department shall proceed pursuant to s. 189.421. Section 16. Section 189.421, Florida Statutes, is amended to read: 189.421 Failure of district to disclose financial reports.-(1) (a) If When notified pursuant to s. 189.419(1), (4), or (5) 189.419,the department shall attempt to assist a special district in complying to comply with its financial reporting requirements by sending a certified letter to the special district, and,if the special district is dependent, sending a copy of that the letter to the chair of the governing body of the local governing authority. The letter must include general-purpose government, which includes the following: a description of the required report, including statutory submission deadlines, a contact telephone number for technical assistance to help the special district comply, a 60-day deadline extension of time for filing the required report with the appropriate entity, the address where the report must be filed, and an explanation of the penalties for noncompliance. (b) A special district that is unable to meet the 60-day reporting deadline must provide written notice to the department before the expiration of the deadline stating the reason the special district is unable to comply with the deadline, the steps the special district is taking to prevent the noncompliance from reoccurring, and the estimated date that the special district will file the report with the appropriate agency. The district's written notice does not constitute an extension by the department; however: 1. If the written notice refers to the reports required under s. 218.32 or s. 218.39, the department shall forward the written notice to the Legislative Auditing Committee for its consideration in determining whether the special district should be subject to further state action in accordance with s. 11.40(5)(b). 2. If the written notice refers to the reports or information requirements listed in s. 189.419(1), the department shall forward the written notice to the local general-purpose government or governments for their consideration in determining whether the oversight review process set forth in s. 189.428 should be undertaken. 3. If the written notice refers to the reports or information required under s. 112.63, the department shall forward the written notice to the Department of Management Services for its consideration in determining whether the special district should be subject to further state action in accordance with s. 112.63(4)(d)2. The department may grant an additional 30-day extension of time if requested to do so in writing by the special district. The department shall notify the appropriate entity of the new extension of time. In the case of a special district that did not timely file the reports or information required by s. 218.38, the department shall send a certified technical assistance letter to the special district which summarizes the requirements and encourages the special district to take steps to prevent the noncompliance from reoccurring. (2) Failure of a special district to comply with the actuarial and financial reporting requirements under s. 112.63, s. 218.32, or s. 218.39 after the procedures of subsection (1) are exhausted shall be deemed final action of the special district. The actuarial and financial reporting requirements are declared to be essential requirements of law. Remedy for noncompliance shall be by writ of certiorari as set forth in subsection (4) (3).(3) Pursuant to s. 11.40(5)(b), the Legislative Auditing Committee shall notify the department of those districts that fail failed to file the required reports report.If the procedures described in subsection (1) have not yet been initiated, the department shall initiate such procedures upon receiving the notice from the Legislative Auditing Committee. Otherwise, within days after receiving such this notice,or within days after the expiration of the 60-day deadline extension date provided in subsection (1), whichever occurs later, the department,shall proceed as follows: notwithstanding the provisions of chapter 120, the department shall file a petition for writ of certiorari with the circuit court. Venue for all actions pursuant to this subsection is shall be in Leon County. The court shall award the prevailing party attorney's fees and costs in all cases filed pursuant to this section unless affirmatively waived by all parties. A writ of certiorari shall be issued unless a respondent establishes that the notification of the Legislative Auditing Committee was issued as a result of material error. Proceedings under this subsection are shall otherwise be governed by the Rules of Appellate Procedure. (4) Pursuant to s. 112.63(4)(d)2., the Department of Management Services may notify the department of those special districts that have failed to file the required adjustments, additional information, or report or statement after the procedures of subsection (1) have been exhausted. Within days after receiving such notice or within days after the 60-day deadline provided in subsection (1), whichever occurs later, the department, notwithstanding chapter 120, shall file a petition for writ of certiorari with the circuit court. Venue for all actions pursuant to this subsection is in Leon County. The court shall award the prevailing party attorney's fees and costs unless affirmatively waived by all parties. A writ of certiorari shall be issued unless a respondent establishes that the notification of the Department of Management Services was issued as a result of material error. Proceedings under this subsection are otherwise governed by the Rules of Appellate Procedure. Section 17. Subsection (6) is added to section 195.087, Florida Statutes, to read: 195.087 Property appraisers and tax collectors to submit budgets to Department of Revenue.-(6) Each property appraiser and tax collector must post their final approved budget on their official website within days after adoption. Each county's official website must have a link to the websites of the property appraiser or tax collector where the final approved budget is posted. If the property appraiser or tax collector does not have an official website, the final approved budget must be posted on the county's official website. Section 18. Paragraphs (d), (e), and (f) of subsection (1) of section 218.32, Florida Statutes, are amended, and paragraph (g) is added to that subsection, to read: 218.32 Annual financial reports; local governmental entities.-1000 (1) 1001 (d) Each local governmental entity that is required to 1002 provide for an audit under in accordance with s. 218.39(1) must 1003 submit the annual financial report with the audit report. a copy 1004 of the audit report and annual financial report must be 1005 submitted to the department within days after the completion 1006 of the audit report but no later than months after the end 1007 of the fiscal year. 1008 (e) Each local governmental entity that is not required to 1009 provide for an audit under report in accordance with s. 218.39 1010 must submit the annual financial report to the department no 1011 later than months after the end of the fiscal April of each 1012 year. The department shall consult with the Auditor General in 1013 the development of the format of annual financial reports 1014 submitted pursuant to this paragraph. The format must shall 1015 include balance sheet information used to be utilized by the 1016 Auditor General pursuant to s. 11.45(7)(f). The department must 1017 forward the financial information contained within the these 1018 entities' annual financial reports to the Auditor General in 1019 electronic form. This paragraph does not apply to housing 1020 authorities created under chapter 421. 1021 (f) If the department does not receive a completed annual 1022 financial report from a local governmental entity within the 1023 required period, it shall notify the Legislative Auditing 1024 Committee and the Special District Information Program of the 1025 Department of Community Affairs of the local governmental 1026 entity's failure to comply with the reporting requirements. The 1027 committee shall proceed in accordance with s. 11.40(5). 1028 (g) Each local governmental entity's website must provide 1029 a link to the department's website to view the entity's annual 1030 financial report submitted to the department pursuant to this 1031 section. If the local governmental entity does not have an 1032 official website, the county government's website must provide 1033 the required link for the local governmental entity. 1034 Section 19. Section 218.35, Florida Statutes, is amended 1035 to read: 1036 218.35 County fee officers; financial matters.-1037 (1) Each county fee officer shall establish an annual 1038 budget for carrying out the powers, duties, and operations of 1039 his or her office for the next county fiscal year which shall 1040 clearly reflect the revenues available to said office and the 1041 functions for which money is to be expended.The budget must 1042 shall be balanced so that;that is, the total of estimated 1043 receipts, including balances brought forward, equals shall equal 1044 the total of estimated expenditures and reserves. The budgeting 1045 of segregated funds must shall be made in a such manner that 1046 retains the relation between program and revenue source,as 1047 provided by law is retained.1048 (2) The clerk of the circuit court, functioning in his or 1049 her capacity as clerk of the circuit and county courts and as 1050 clerk of the board of county commissioners, shall prepare his or 1051 her budget in two parts: 1052 (a) The budget for funds necessary to perform court-1053 related functions as provided for in s. 28.36,which shall 1054 detail the methodologies used to apportion costs between court-1055 related and non-court-related functions performed by the clerk.1056 (b) The budget relating to the requirements of the clerk 1057 as clerk of the board of county commissioners, county auditor, 1058 and custodian or treasurer of all county funds and other county-1059 related duties,which shall be annually prepared and submitted 1060 to the board of county commissioners pursuant to s. 129.03(2), 1061 for each fiscal year.Expenditures must be itemized in 1062 accordance with the uniform accounting system prescribed by the 1063 Department of Financial Services as follows: 1064 1. Personnel services. 1065 2. Operating expenses. 1066 3. Capital outlay. 1067 4. Debt service. 1068 5. Grants and aids. 1069 6. Other uses. 1070 (3) The clerk of the circuit court shall furnish to the 1071 board of county commissioners or the county budget commission 1072 all relevant and pertinent information that the board or 1073 commission deems necessary, including expenditures at the 1074 subobject code level in accordance with the uniform accounting 1075 system prescribed by the Department of Financial Services. 1076 (4) The final approved budget of the clerk of the circuit 1077 court must be posted on the county's official website within 1078 days after adoption. The final approved budget of the clerk of 1079 the circuit court may be included in the county's budget. 1080 (5) (3) Each county fee officer shall establish make 1081 provision for establishing a fiscal year beginning October and 1082 ending September of the following year, and shall report his 1083 or her finances annually upon the close of each fiscal year to 1084 the county fiscal officer for inclusion in the annual financial 1085 report by the county. 1086 (6) (4) The proposed budget of a county fee officer shall 1087 be filed with the clerk of the county governing authority by 1088 September preceding the fiscal year for the budget,except for 1089 the budget prepared by the clerk of the circuit court for court-1090 related functions as provided in s. 28.36.1091 Section 20. Section 218.39, Florida Statutes, is amended 1092 to read: 1093 218.39 Annual financial audit reports.-1094 (1) If, by the first day in any fiscal year, a local 1095 governmental entity, district school board, charter school, or 1096 charter technical career center has not been notified that a 1097 financial audit for that fiscal year will be performed by the 1098 Auditor General, each of the following entities shall have an 1099 annual financial audit of its accounts and records completed 1100 within months after the end of its fiscal year by an 1101 independent certified public accountant retained by it and paid 1102 from its public funds: 1103 (a) Each county. 1104 (b) Any municipality with revenues or the total of 1105 expenditures and expenses in excess of $250,000,as reported on 1106 the fund financial statements.1107 (c) Any special district with revenues or the total of 1108 expenditures and expenses in excess of $100,000,as reported on 1109 the fund financial statements.1110 (d) Each district school board. 1111 (e) Each charter school established under s. 1002.33. 1112 (f) Each charter technical center established under s. 1113 1002.34. 1114 (g) Each municipality with revenues or the total of 1115 expenditures and expenses between $100,000 and $250,000,as 1116 reported on the fund financial statements, which that has not 1117 been subject to a financial audit pursuant to this subsection 1118 for the preceding fiscal years. 1119 (h) Each special district with revenues or the total of 1120 expenditures and expenses between $50,000 and $100,000,as 1121 reported on the fund financial statement, which that has not 1122 been subject to a financial audit pursuant to this subsection 1123 for the preceding fiscal years. 1124 (2) The county audit report must shall be a single 1125 document that includes a financial audit of the county as a 1126 whole and, for each county agency other than a board of county 1127 commissioners, an audit of its financial accounts and records, 1128 including reports on compliance and internal control, management 1129 letters, and financial statements as required by rules adopted 1130 by the Auditor General. In addition to such requirements,if a 1131 board of county commissioners elects to have a separate audit of 1132 its financial accounts and records in the manner required by 1133 rules adopted by the Auditor General for other county agencies, 1134 the such separate audit must shall be included in the county 1135 audit report. 1136 (3)(a) A dependent special district may provide make 1137 provision for an annual financial audit by being included in 1138 within the audit of the another local governmental entity upon 1139 which it is dependent. An independent special district may not 1140 make provision for an annual financial audit by being included 1141 in within the audit of another local governmental entity. 1142 (b) A special district that is a component unit, as 1143 defined by generally accepted accounting principles, of a local 1144 governmental entity shall provide the local governmental entity, 1145 within a reasonable time period as established by the local 1146 governmental entity, with financial information necessary to 1147 comply with this section. The failure of a component unit to 1148 provide this financial information must be noted in the annual 1149 financial audit report of the local governmental entity. 1150 (4) A management letter shall be prepared and included as 1151 a part of each financial audit report. 1152 (5) At the conclusion of the audit, the auditor shall 1153 discuss with the chair of the governing body of the each local 1154 governmental entity or the chair's designee, or with the elected 1155 official of each county agency or with the elected official's 1156 designee, or with the chair of the district school board or the 1157 chair's designee, or with the chair of the board of the charter 1158 school or the chair's designee, or with the chair of the board 1159 of the charter technical career center or the chair's designee, 1160 as appropriate, all of the auditor's comments that will be 1161 included in the audit report. If the officer is not available to 1162 discuss the auditor's comments, their discussion is presumed 1163 when the comments are delivered in writing to his or her office. 1164 The auditor shall notify each member of the governing body of a 1165 local governmental entity, district school board, charter 1166 school, or charter technical career center for which 1167 deteriorating financial conditions exist that may cause a 1168 condition described in s. 218.503(1) to occur if actions are not 1169 taken to address such conditions. 1170 (6) The officer's written statement of explanation or 1171 rebuttal concerning the auditor's findings, including corrective 1172 action to be taken, must be filed with the governing body of the 1173 local governmental entity, district school board, charter 1174 school, or charter technical career center within days after 1175 the delivery of the auditor's findings. 1176 (7) All audits conducted pursuant to this section must be 1177 conducted in accordance with the rules of the Auditor General 1178 adopted pursuant to s. 11.45. Upon completion of the audit, the 1179 auditor shall prepare an audit report in accordance with the 1180 rules of the Auditor General. The audit report shall be filed 1181 with the Auditor General within days after delivery of the 1182 audit report to the governing body of the audited entity, but no 1183 later than months after the end of the audited entity's fiscal 1184 year. The audit report must include a written statement 1185 describing corrective actions to be taken in response to each of 1186 the auditor's recommendations included in the audit report. 1187 (8) The Auditor General shall notify the Legislative 1188 Auditing Committee of any audit report prepared pursuant to this 1189 section which indicates that an audited entity required to have 1190 an annual audit has failed to take full corrective action in 1191 response to a recommendation that was included in the two 1192 preceding audit reports filed. Such notification shall also 1193 include any audited entity required to have audits on other than 1194 an annual basis that failed to take full corrective action in 1195 response to a recommendation that was included in the most 1196 recent preceding audit report filed. 1197 (a) The committee may direct the governing body of the 1198 audited entity to provide a written statement to the committee 1199 explaining why full corrective action has not been taken or, if 1200 the governing body intends to take full corrective action, 1201 describing the corrective action to be taken and when it will 1202 occur. 1203 (b) If the committee determines that the written statement 1204 is not sufficient, it may require the chair of the governing 1205 body of the local governmental entity or the chair's designee, 1206 the elected official of each county agency or the elected 1207 official's designee, the chair of the district school board or 1208 the chair's designee, the chair of the board of the charter 1209 school or the chair's designee, or the chair of the board of the 1210 charter technical career center or the chair's designee, as 1211 appropriate, to appear before the committee. 1212 (c) If the committee determines that an audited entity has 1213 failed to take full corrective action for which there is no 1214 justifiable reason for not taking such action, or has failed to 1215 comply with committee requests made pursuant to this section, 1216 the committee may proceed in accordance with s. 11.40(5). 1217 (9) (7) The predecessor auditor of a district school board 1218 shall provide the Auditor General access to the prior year's 1219 working papers in accordance with the Statements on Auditing 1220 Standards, including documentation of planning, internal 1221 control, audit results, and other matters of continuing 1222 accounting and auditing significance, such as the working paper 1223 analysis of balance sheet accounts and those relating to 1224 contingencies. 1225 (8) All audits conducted in accordance with this section 1226 must be conducted in accordance with the rules of the Auditor 1227 General promulgated pursuant to s. 11.45. All audit reports and 1228 the officer's written statement of explanation or rebuttal must 1229 be submitted to the Auditor General within days after 1230 delivery of the audit report to the entity's governing body, but 1231 no later than months after the end of the fiscal year. 1232 (10) (9) Each charter school and charter technical career 1233 center must file a copy of its audit report with the sponsoring 1234 entity; the local district school board, if not the sponsoring 1235 entity; the Auditor General; and with the Department of 1236 Education. 1237 (11) (10) This section does not apply to housing 1238 authorities created under chapter 421. 1239 (12) (11) Notwithstanding the provisions of any local law, 1240 the provisions of this section shall govern. 1241 Section 21. Paragraph (e) of subsection (1) of section 1242 218.503, Florida Statutes, is amended to read: 1243 218.503 Determination of financial emergency.-1244 (1) Local governmental entities, charter schools, charter 1245 technical career centers, and district school boards shall be 1246 subject to review and oversight by the Governor, the charter 1247 school sponsor, the charter technical career center sponsor, or 1248 the Commissioner of Education, as appropriate, when any one of 1249 the following conditions occurs: 1250 (e) A An unreserved or total fund balance or retained 1251 earnings deficit in total or for that portion of a fund balance 1252 not classified as restricted, committed, or nonspendable,or a 1253 unrestricted or total or unrestricted net assets deficit, as 1254 reported on the balance sheet or statement of net assets on the 1255 general purpose or fund financial statements of entities 1256 required to report under governmental financial reporting 1257 standards or on the basic financial statements of entities 1258 required to report under not-for-profit financial reporting 1259 standards,for which sufficient resources of the local 1260 governmental entity, charter school, charter technical career 1261 center, or district school board, as reported on the balance 1262 sheet or statement of net assets on the general purpose or fund 1263 financial statements, are not available to cover the deficit. 1264 Resources available to cover reported deficits include fund 1265 balance or net assets that are not otherwise restricted by 1266 federal, state, or local laws, bond covenants, contractual 1267 agreements, or other legal constraints. Property, plant, and 1268 equipment Fixed or capital assets,the disposal of which would 1269 impair the ability of a local governmental entity, charter 1270 school, charter technical career center, or district school 1271 board to carry out its functions, are not considered resources 1272 available to cover reported deficits. 1273 Section 22. Paragraph (c) of subsection (5) of section 1274 373.536, Florida Statutes, is amended, and paragraph (c) is 1275 added to subsection (6) of that section, to read: 1276 373.536 District budget and hearing thereon.-1277 (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND 1278 APPROVAL.-1279 (c) Each water management district shall, by August of 1280 each year, submit for review a tentative budget to the Governor, 1281 the President of the Senate, the Speaker of the House of 1282 Representatives, the chairs of all legislative committees and 1283 subcommittees with substantive or fiscal jurisdiction over water 1284 management districts, as determined by the President of the 1285 Senate or the Speaker of the House of Representatives as 1286 applicable, the secretary of the department, and the governing 1287 body of each county in which the district has jurisdiction or 1288 derives any funds for the operations of the district. The 1289 tentative budget must be posted on the water management 1290 district's official website at least days before budget 1291 hearings held pursuant to s. 200.065 or other law. 1292 (6) FINAL BUDGET; ANNUAL AUDIT; CAPITAL IMPROVEMENTS PLAN; 1293 WATER RESOURCE DEVELOPMENT WORK PROGRAM.-1294 (c) The final adopted budget must be posted on the water 1295 management district's official website within days after 1296 adoption. 1297 Section 23. Subsections (1) and (4) of section 1011.03, 1298 Florida Statutes, are amended, and subsection (5) is added to 1299 that section, to read: 1300 1011.03 Public hearings; budget to be submitted to 1301 Department of Education.-1302 (1) Each district school board shall must cause a summary 1303 of its tentative budget, including the proposed millage levies 1304 as provided for by law, to be posted on the district's official 1305 website online and advertised once one time in a newspaper of 1306 general circulation published in the district or to be posted at 1307 the courthouse if there be no such newspaper. 1308 (4) The board shall hold public hearings to adopt 1309 tentative and final budgets pursuant to s. 200.065. The hearings 1310 shall be primarily for the purpose of hearing requests and 1311 complaints from the public regarding the budgets and the 1312 proposed tax levies and for explaining the budget and proposed 1313 or adopted amendments thereto, if any. The tentative budget must 1314 be posted on the district's official website at least days 1315 before the budget hearing held pursuant to s. 200.065 or other 1316 law. The final adopted budget must be posted on the district's 1317 official website within days after adoption. The district 1318 school board shall then require the superintendent to transmit 1319 forthwith two copies of the adopted budget to the Department of 1320 Education for approval as prescribed by law and rules of the 1321 State Board of Education. 1322 (5) If the governing body of a district amends the budget, 1323 the adopted amendment must be posted on the official website of 1324 the district within days after adoption. 1325 Section 24. Section 1011.051, Florida Statutes, is amended 1326 to read: 1327 1011.051 Guidelines for general funds.-The district school 1328 board shall maintain a an unreserved general fund ending fund 1329 balance that is sufficient to address normal contingencies. 1330 (1) If at any time the portion of the unreserved general 1331 fund's ending fund balance not classified as restricted, 1332 committed, or nonspendable in the district's approved operating 1333 budget is projected to fall during the current fiscal year below 1334 percent of projected general fund revenues during the current 1335 fiscal year,the superintendent shall provide written 1336 notification to the district school board and the Commissioner 1337 of Education. 1338 (2) If at any time the portion of the unreserved general 1339 fund's ending fund balance not classified as restricted, 1340 committed, or nonspendable in the district's approved operating 1341 budget is projected to fall during the current fiscal year below 1342 percent of projected general fund revenues during the current 1343 fiscal year,the superintendent shall provide written 1344 notification to the district school board and the Commissioner 1345 of Education. Within days after receiving such notification, 1346 if the commissioner determines that the district does not have a 1347 plan that is reasonably anticipated to avoid a financial 1348 emergency as determined pursuant to s. 218.503, the commissioner 1349 shall appoint a financial emergency board that shall operate 1350 under consistent with the requirements, powers, and duties 1351 specified in s. 218.503(3)(g). 1352 Section 25. Paragraph (a) of subsection (3) of section 1353 1011.64, Florida Statutes, is amended to read: 1354 1011.64 School district minimum classroom expenditure 1355 requirements.-1356 (3)(a) Annually the Department of Education shall 1357 calculate for each school district: 1358 1. Total K-12 operating expenditures, which are defined as 1359 the amount of total general fund expenditures for K-12 programs 1360 as reported in accordance with the accounts and codes prescribed 1361 in the most recent issuance of the Department of Education 1362 publication entitled "Financial and Program Cost Accounting and 1363 Reporting for Florida Schools" and as included in the most 1364 recent annual financial report submitted to the Commissioner of 1365 Education, less the student transportation revenue allocation 1366 from the state appropriation for that purpose, amounts 1367 transferred to other funds, and increases to the amount of the 1368 general fund's fund unreserved ending fund balance not 1369 classified as restricted, committed, or nonspendable if when the 1370 total unreserved ending fund balance not classified as 1371 restricted, committed, or nonspendable is in excess of percent 1372 of the total general fund revenues. 1373 2. Expenditures for classroom instruction, which equal 1374 shall be the sum of the general fund expenditures for K-12 1375 instruction and instructional staff training. 1376 Section 26. This act shall take effect October 1, 2011.
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Local Government Accountability
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Prohibits certain health insurance policies & health maintenance contracts from providing coverage for abortions; provides exceptions; defines term "state"; provides that certain restrictions on coverage for abortions apply to certain group health insurance policies issued or delivered outside state which provide coverage to residents of state; provides that certain restrictions on coverage for abortions apply to plans under Employee Health Care Access Act.
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An act relating to health insurance; creating ss. 627.64995, 627.66995, and 641.31099, F.S.; prohibiting certain health insurance policies and health maintenance contracts from providing coverage for abortions; providing exceptions; defining the term "state"; amending s. 627.6515, F.S.; providing that certain restrictions on coverage for abortions apply to certain group health insurance policies issued or delivered outside the state which provide coverage to residents of the state; amending s. 627.6699, F.S.; providing that certain restrictions on coverage for abortions apply to plans under the Employee Health Care Access Act; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Section 627.64995, Florida Statutes, is created to read: 627.64995 Restrictions on use of state and federal funds for state exchanges.-(1) A health insurance policy under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the health insurance policy. (2) This section does not prohibit a health insurance policy from offering separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (3) As used in this section, the term "state" means this state or any political subdivision of the state. Section 2. Section 627.66995, Florida Statutes, is created to read: 627.66995 Restrictions on use of state and federal funds for state exchanges.-(1) A group, franchise, or blanket health insurance policy under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the group, franchise, or blanket health insurance policy. (2) This section does not prohibit a group, franchise, or blanket health insurance policy from offering separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (3) As used in this section, the term "state" means this state or any political subdivision of the state. Section 3. Section 641.31099, Florida Statutes, is created to read: 641.31099 Restrictions on use of state and federal funds for state exchanges.-(1) A health maintenance contract under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the health maintenance contract. (2) This section does not prohibit a health maintenance contract from offering separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (3) As used in this section, the term "state" means this state or any political subdivision of the state. Section 4. Paragraph (c) of subsection (2) of section 627.6515, Florida Statutes, is amended to read: 627.6515 Out-of-state groups.-(2) Except as otherwise provided in this part, this part does not apply to a group health insurance policy issued or delivered outside this state under which a resident of this state is provided coverage if: (c) The policy provides the benefits specified in ss. 627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121, 627.66122, 627.6613, 627.667, 627.6675, 627.6691, and 627.66911,and complies with the requirements of s. 627.66995.Section 5. Present subsection (17) of section 627.6699, Florida Statutes, is renumbered as subsection (18), and a new subsection (17) is added to that section, to read: 627.6699 Employee Health Care Access Act.-(17) RESTRICTIONS ON COVERAGE.-(a) A plan under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion, as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the plan. (b) This subsection does not prohibit a plan from providing any person or entity with separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (c) As used in this section, the term "state" means this state or any political subdivision of the state. Section 6. This act shall take effect July 1, 2011.
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Health Insurance
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Prohibits person from using or applying cadmium in excess of specified amount on any item of children's jewelry, toy, or child care article sold in this state; provides exception; provides criminal penalty.
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An act relating to cadmium in children's products; defining terms; prohibiting a person from using or applying cadmium in excess of a specified amount on any item of children's jewelry, toy, or child care article sold in this state; providing an exception; providing for a criminal penalty; providing an effective date. 9 Be It Enacted by the Legislature of the State of Florida: 11 Section 1. Cadmium in children's products; limitations on use of cadmium; exceptions; criminal penalties.-(1) As used in this section, the term: (a) "Child" means an individual who is years of age or younger, unless otherwise specified. (b) "Child care article" means a product designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of a child or to help a child with sucking or teething. (c) "Children's jewelry" means jewelry that is made for, marketed for use by, or sold to a child. (d) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods or services. (e) "Person" has the same meaning as provided in s. 1.01, Florida Statutes. (f) "Toy" means an article designed and made for the amusement of a child and for the child's use during play. (2) A person may not use or apply cadmium in excess of parts per million on any surface coating or substrate material on any item of children's jewelry, toy, or child care article, as determined through solubility testing for heavy metals defined in the ASTM International Safety Specification on Toy Safety, ASTM Standard F-963, if the product is sold in this state. This section does not apply to the sale of a collectible toy that is not marketed to or intended to be used for play by a child younger than years of age. (3) If a person who is not an individual consumer knowingly and intentionally violates subsection (2), that person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. Section 2. This act shall take effect July 1, 2011.
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Cadmium in Children's Products
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Provides for relief of William Dillon, who was wrongfully incarcerated for 27 years & exonerated by court after DNA testing; provides appropriation to compensate Mr. Dillon for his wrongful incarceration; directs CFO to draw warrant for purchase of annuity; provides for waiver of certain tuition & fees; provides conditions for payment; provides that act does not waive certain defenses or increase state's liability; provides limitation on payment of fees & costs; provides that certain benefits are void upon a finding that Mr. Dillon is not innocent, etc. CLAIM WITH APPROPRIATION:
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WHEREAS, even though the current State Attorney, an assistant public defender at the time of Mr. Dillon's conviction, publicly stated that dog scent evidence should be banned because it had not "reached the level of reasonable scientific credibility," the State of Florida allowed a discredited dog handler to provide false and implausible testimony improperly connecting William Dillon to the murder, and WHEREAS, the same dog handler provided false testimony against Juan Ramos and Wilton Dedge, and WHEREAS, in exchange for dismissal of a charge of sexual battery on a child, a jailhouse informant manufactured false testimony against William Dillon which improperly connected him to the murder, and WHEREAS, a key witness, after having sexual relations with the lead investigating detective, was threatened with excessive incarceration unless she falsely implicated William Dillon in the murder, and WHEREAS, the Circuit Court in the Eighteenth Judicial Circuit granted the state's motion to discharge William Dillon from custody based on DNA evidence that excluded William Dillon as the perpetrator of the crime, and WHEREAS, William Dillon was released on November 18, 2008, and WHEREAS, the Legislature acknowledges that the state's system of justice yielded an imperfect result that had tragic consequences in this case, and WHEREAS, William Dillon was subjected to severe physical and sexual abuse during his wrongful incarceration, and WHEREAS, William Dillon incurred severe and permanent dental damage as a result of a lack of dental care while incarcerated, and WHEREAS, the Legislature acknowledges that, as a result of his conviction and physical confinement, William Dillon suffered significant damages that are unique to William Dillon and all of those damages are due to the fact that he was physically restrained and prevented from exercising the freedom to which all innocent citizens are entitled, and WHEREAS, William Dillon, before his wrongful conviction for the above-mentioned crime, pleaded guilty to a nonviolent felony when he was years old, and WHEREAS, because of his prior felony conviction, William Dillon is ineligible for compensation for each year of wrongful incarceration under chapter 961, Florida Statutes, and WHEREAS, the Legislature is providing compensation to William Dillon to acknowledge the fact that he suffered significant damages that are unique to William Dillon and are the result of his physical restraint and deprivation of freedom, and WHEREAS, the Legislature is providing compensation to William Dillon based on a moral desire to acknowledge his undisputed and actual innocence, not in recognition of a constitutional right or violation, and WHEREAS, the compensation provided by this act is the sole compensation from the state for any and all present and future claims arising out of the factual situation in connection with William Dillon's wrongful conviction and incarceration, and WHEREAS, the Legislature apologizes to William Dillon on behalf of the state, NOW, THEREFORE, 78 Be It Enacted by the Legislature of the State of Florida: 80 Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The sum of $810,000 is appropriated from the General Revenue Fund to the Department of Financial Services under the conditions provided in this act. Section 3. The Chief Financial Officer is directed to draw a warrant in the total sum specified in section for the purposes provided in this act. Section 4. The Department of Financial Services shall pay the funds appropriated under this act to an insurance company or other financial institution admitted and authorized to issue annuity contracts in this state and selected by William Dillon to purchase an annuity. The Department of Financial Services shall execute all necessary agreements to implement this act. Section 5. Tuition and fees for William Dillon shall be waived for up to a total of hours of instruction at any career center established pursuant to s. 1001.44, Florida Statutes, community college established under part III of chapter 1004, Florida Statutes, or state university. For any educational benefit made, William Dillon must meet and maintain the regular admission requirements of, and be registered at, such career center, community college, or state university and make satisfactory academic progress as defined by the educational institution in which he is enrolled. Section 6. The Chief Financial Officer shall purchase the annuity required by this act upon delivery by William Dillon to the Chief Financial Officer, the Department of Financial Services, the President of the Senate, and the Speaker of the House of Representatives of an executed release and waiver on behalf of William Dillon and his heirs, successors, and assigns forever releasing the State of Florida and any agency, instrumentality, officer, employee, or political subdivision thereof or any other entity subject to the provisions of s. 768.28, Florida Statutes, from any and all present or future claims or declaratory relief that the claimant or any of his heirs, successors, or assigns may have against such enumerated entities and arising out of the factual situation in connection with the conviction for which compensation is awarded. However, this act does not prohibit declaratory action to obtain judicial expungement of William Dillon's records within a judicial or executive branch agency as otherwise provided by law. Section 7. The Legislature by this act does not waive any defense of sovereign immunity or increase the limits of liability on behalf of the state or any person or entity that is subject to s. 768.28, Florida Statutes, or any other law. Section 8. This award is intended to provide the sole compensation for any and all present and future claims arising out of the factual situation in connection with William Dillon's conviction and imprisonment. A further award for attorney's fees, lobbying fees, costs, or other similar expenses may not be made by the state. Section 9. If a court of law finds that William Dillon, by DNA evidence or otherwise, is not innocent of the crime he is alleged to have committed, the unused benefits to which he is entitled under this act are void. Section 10. This act shall take effect upon becoming a law.
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Relief/William Dillon/State of Florida
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Requires that all mammography reports include information & notice about breast density.
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An act relating to mammogram reports; amending ss. 627.6418, 627.6613, and 641.31095, F.S.; requiring that all mammography reports include information and a notice about breast density; providing an effective date. 7 Be It Enacted by the Legislature of the State of Florida: 9 Section 1. Section 627.6418, Florida Statutes, is amended to read: 627.6418 Coverage for mammograms.-(1) An accident or health insurance policy issued, amended, delivered, or renewed in this state must provide coverage for at least the following: (a) A baseline mammogram for any woman who is years of age or older, but younger than years of age. (b) A mammogram every years for any woman who is years of age or older, but younger than years of age, or more frequently based on the patient's physician's recommendation. (c) A mammogram every year for any woman who is years of age or older. (d) One or more mammograms a year, based upon a physician's recommendation, for any woman who is at risk for breast cancer because of a personal or family history of breast cancer, because of having a history of biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has or has had breast cancer, or because a woman has not given birth before the age of 30. (2) Each mammography report provided to a patient shall include information about breast density based on the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, such report shall include the following notice: "If your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, including a breast ultrasound screening or a breast MRI examination, or both, depending on your individual risk factors. A report of your mammography results, which contains information about your breast density, has been sent to your physician's office and you should contact your physician if you have any questions or concerns about this report." (3) (2) Except as provided in paragraph (1)(b), for mammograms done more frequently than every years for women years of age or older but younger than years of age, the coverage required by subsection (1) applies, with or without a physician prescription, if the insured obtains a mammogram in an office, facility, or health testing service that uses radiological equipment registered with the Department of Health for breast cancer screening. 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. This section does not affect any requirements or prohibitions relating to who may perform, analyze, or interpret a mammogram or the persons to whom the results of a mammogram may be furnished or released. (4) (3) This section does not apply to disability income, specified disease, or hospital indemnity policies. (5) (4) 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. Section 2. Section 627.6613, Florida Statutes, is amended to read: 627.6613 Coverage for mammograms.-(1) A group, blanket, or franchise accident or health insurance policy issued, amended, delivered, or renewed in this state must provide coverage for at least the following: (a) A baseline mammogram for any woman who is years of age or older, but younger than years of age. (b) A mammogram every years for any woman who is years of age or older, but younger than years of age, or more frequently based on the patient's physician's recommendation. (c) A mammogram every year for any woman who is years of age or older. (d) One or more mammograms a year, based upon a physician's recommendation, for any woman who is at risk for breast cancer because of a personal or family history of breast cancer, because of having a history of biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has or has had breast cancer, or because a woman has not given birth before the age of 30. (2) Each mammography report provided to a patient shall include information about breast density based on the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, such report shall include the following notice: "If your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, including a breast ultrasound screening or a breast MRI examination, or both, depending on your individual risk factors. A report of your mammography results, which contains information about your breast density, has been sent to your physician's office and you should contact your physician if you have any questions or concerns about this report." (3) (2) Except as provided in paragraph (1)(b), for mammograms done more frequently than every years for women years of age or older but younger than years of age, the coverage required by subsection (1) applies, with or without a physician prescription, if the insured obtains a mammogram in an office, facility, or health testing service that uses radiological equipment registered with the Department of Health for breast cancer screening. 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. This section does not affect any requirements or prohibitions relating to who may perform, analyze, or interpret a mammogram or the persons to whom the results of a mammogram may be furnished or released. (4) (3) Every insurer referred to in subsection (1) 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. Section 3. Section 641.31095, Florida Statutes, is amended to read: 641.31095 Coverage for mammograms.-(1) Every health maintenance contract issued or renewed on or after January 1, 1996, shall provide coverage for at least the following: (a) A baseline mammogram for any woman who is years of age or older, but younger than years of age. (b) A mammogram every years for any woman who is years of age or older, but younger than years of age, or more frequently based on the patient's physician's recommendations. (c) A mammogram every year for any woman who is years of age or older. (d) One or more mammograms a year, based upon a physician's recommendation for any woman who is at risk for breast cancer because of a personal or family history of breast cancer, because of having a history of biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has had breast cancer, or because a woman has not given birth before the age of 30. (2) Each mammography report provided to a patient shall include information about breast density based on the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, such report shall include the following notice: "If your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, including a breast ultrasound screening or a breast MRI examination, or both, depending on your individual risk factors. A report of your mammography results, which contains information about your breast density, has been sent to your physician's office and you should contact your physician if you have any questions or concerns about this report." (3) (2) The coverage required by this section is subject to the deductible and copayment provisions applicable to outpatient visits, and is also subject to all other terms and conditions applicable to other benefits. A health maintenance organization shall make available to the subscriber as part of the application, for an appropriate additional premium, the coverage required in this section without such coverage being subject to any deductible or copayment provisions in the contract. Section 4. This act shall take effect October 1, 2011.
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Mammogram Reports
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Amends provisions relating to Drug-Free Workplace Act; revises distribution of funds from civil penalties imposed for traffic infractions by county courts; amends various provisions relating to nursing homes, licensed facility peer review, child protection cases, licensed facility beds, respite patients, home health agencies, hospices, home medical equipment providers, intermediate care facilities for the developmentally disabled, health care clinics, portable equipment providers, Medicaid prescribed-drug spending-control program, assisted living facilities, etc.
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An act relating to health care; amending s. 83.42, F.S., establishing that s. 400.0255, F.S., provides exclusive procedures for resident transfer and discharge; amending s. 112.0455, F.S., relating to the Drug-Free Workplace Act; deleting an obsolete provision; deleting a requirement that a laboratory that conducts drug tests submit certain reports to the Agency for Health Care Administration; amending s. 318.21, F.S.; revising distribution of funds from civil penalties imposed for traffic infractions by county courts; repealing s. 383.325, F.S., relating to confidentiality of inspection reports of licensed birth center facilities; amending s. 395.002, F.S.; revising and deleting definitions applicable to regulation of hospitals and other licensed facilities; conforming a cross-reference; amending s. 395.003, F.S.; deleting an obsolete provision; conforming a cross-reference; amending s. 395.0161, F.S.; deleting a provision requiring licensure inspection fees for hospitals, ambulatory surgical centers, and mobile surgical facilities to be paid at the time of the inspection; amending s. 395.0193, F.S.; requiring a licensed facility to report certain peer review information and final disciplinary actions to the Division of Medical Quality Assurance of the Department of Health rather than the Division of Health Quality Assurance of the Agency for Health Care Administration; amending s. 395.1023, F.S.; providing for the Department of Children and Family Services rather than the Department of Health to perform certain functions with respect to child protection cases; requiring certain hospitals to notify the Department of Children and Family Services of compliance; amending s. 395.1041, F.S., relating to hospital emergency services and care; deleting obsolete provisions; repealing s. 395.1046, F.S., relating to complaint investigation procedures; amending s. 395.1055, F.S.; requiring additional housekeeping and sanitation procedures in licensed facilities for infection control purposes; requiring licensed facility beds to conform to standards specified by the Agency for Health Care Administration, the Florida Building Code, and the Florida Fire Prevention Code; amending s. 395.10972, F.S.; revising a reference to the Florida Society of Healthcare Risk Management to conform to the current designation; amending s. 395.2050, F.S.; revising a reference to the federal Health Care Financing Administration to conform to the current designation; amending s. 395.3036, F.S.; correcting a reference; repealing s. 395.3037, F.S., relating to redundant definitions; amending ss. 154.11, 394.741, 395.3038, 400.925, 400.9935, 408.05, 440.13, 627.645, 627.668, 627.669, 627.736, 641.495, and 766.1015, F.S.; revising references to the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, and the Council on Accreditation to conform to their current designations; amending s. 395.4025, F.S.; authorizing the Department of Health to grant additional extensions for trauma center applicants under certain circumstances; amending s. 395.602, F.S.; revising the definition of the term "rural hospital" to delete an obsolete provision; amending s. 400.021, F.S.; revising the definition of the term "geriatric outpatient clinic" to include additional staff; revising the term "resident care plan"; removing a provision that requires certain signatures on the plan; amending s. 400.0255, F.S.; correcting an obsolete cross-reference to administrative rules; amending s. 400.063, F.S.; deleting an obsolete provision; amending ss. 400.071 and 400.0712, F.S.; revising applicability of general licensure requirements under part II of ch. 408, F.S., the Health Care Licensing Procedures Act, to applications for nursing home licensure; revising provisions governing inactive licenses; amending s. 400.111, F.S.; providing for disclosure of controlling interest of a nursing home facility upon request by the Agency for Health Care Administration; amending s. 400.1183, F.S.; revising grievance record maintenance and reporting requirements for nursing homes; amending s. 400.141, F.S.; providing criteria for the provision of respite services by nursing homes; requiring a written plan of care; requiring a contract for services; requiring resident release to caregivers to be designated in writing; providing an exemption to the application of discharge planning rules; providing for residents' rights; providing for use of personal medications; providing terms of respite stay; providing for communication of patient information; requiring a physician's order for care and proof of a physical examination; providing for services for respite patients and duties of facilities with respect to such patients; conforming a cross-reference; requiring facilities to maintain clinical records that meet specified standards; providing a fine relating to an admissions moratorium; deleting requirement for facilities to submit certain information related to management companies to the agency; deleting a requirement for facilities to notify the agency of certain bankruptcy filings to conform to changes made by the act; providing a limit on fees charged by a facility for copies of patient records; amending s. 400.142, F.S.; deleting language relating to agency adoption of rules; repealing s. 400.145, F.S., relating to records of care and treatment of residents; repealing ss. 400.0234 and 429.294, F.S., relating to availability of facility records for investigation of resident's rights violations and defenses; amending 400.147, F.S.; removing a requirement for nursing homes and related health care facilities to notify the agency within a specified period of time after receipt of an adverse incident report; revising reporting requirements for licensed nursing home facilities relating to adverse incidents; repealing s. 400.148, F.S., relating to the Medicaid "Up-or-Out" Quality of Care Contract Management Program; amending s. 400.179, F.S.; deleting an obsolete provision; amending s. 400.19, F.S.; revising inspection requirements; amending s. 400.23, F.S.; deleting an obsolete provision; correcting a reference; directing the agency to adopt rules for minimum staffing standards in nursing homes that serve persons under years of age; providing minimum staffing standards; amending s. 400.275, F.S.; revising agency duties with regard to training nursing home surveyor teams; revising requirements for team members; amending s. 400.462, F.S.; revising the definition of the term "remuneration" as it applies to home health agencies; amending s. 400.484, F.S.; revising the schedule of home health agency inspection violations; amending s. 400.506, F.S.; deleting language relating to exemptions from penalties imposed on nurse registries if a nurse registry does not bill the Florida Medicaid Program; providing criteria for an administrator to manage a nurse registry; amending s. 400.509, F.S.; revising the service providers exempt from licensure registration to include organizations that provide companion services only for persons with developmental disabilities; amending s. 400.606, F.S.; revising the content requirements of the plan accompanying an initial or change-of-ownership application for licensure of a hospice; revising requirements relating to certificates of need for certain hospice facilities; amending s. 400.607, F.S.; revising grounds for agency action against a hospice; amending s. 400.915, F.S.; correcting an obsolete cross-reference to administrative rules; amending s. 400.931, F.S.; deleting a requirement that an applicant for a home medical equipment provider license submit a surety bond to the agency; requiring applicants to submit documentation of accreditation within a specified period of time; amending s. 400.932, F.S.; revising grounds for the imposition of administrative penalties for certain violations by an employee of a home medical equipment provider; amending s. 400.967, F.S.; revising the schedule of inspection violations for intermediate care facilities for the developmentally disabled; providing a penalty for certain violations; amending s. 400.9905, F.S.; revising the definitions of the terms "clinic" and "portable equipment provider"; providing that part Xof ch. 400, F.S., the Health Care Clinic Act, does not apply to certain clinical facilities, an entity owned by a corporation with a specified amount of annual sales of health care services under certain circumstances, an entity owned or controlled by a publicly traded entity with a specified amount of annual revenues, or an entity that employs a specified number of licensed health care practitioners under certain conditions; amending s. 400.991, F.S.; conforming terminology; revising application requirements relating to documentation of financial ability to operate a mobile clinic; amending s. 408.033, F.S.; permitting fees assessed on certain health care facilities to be collected prospectively at the time of licensure renewal and prorated for the licensure period; amending s. 408.034, F.S.; revising agency authority relating to licensing of intermediate care facilities for the developmentally disabled; amending s. 408.036, F.S.; deleting an exemption from certain certificate-of-need review requirements for a hospice or a hospice inpatient facility; deleting a requirement that the agency submit a report regarding requests for exemption; amending s. 408.037, F.S.; revising certificate-of-need requirements for general hospital applicants to evaluate the applicant's parent corporation if audited financial statements of the applicant do not exist; amending s. 408.043, F.S.; revising requirements for certain freestanding inpatient hospice care facilities to obtain a certificate of need; amending s. 408.061, F.S.; revising health care facility data reporting requirements; amending s. 408.10, F.S.; removing agency authority to investigate certain consumer complaints; amending s. 408.802, F.S.; removing applicability of part II of ch. 408, F.S., relating to general licensure requirements, to private review agents; amending s. 408.804, F.S.; providing penalties for altering, defacing, or falsifying a license certificate issued by the agency or displaying such an altered, defaced, or falsified certificate; amending s. 408.806, F.S.; revising agency responsibilities for notification of licensees of impending expiration of a license; requiring payment of a late fee for a license application to be considered complete under certain circumstances; amending s. 408.8065, F.S.; requiring home health agencies, home medical equipment providers, and health care clinics to submit projected financial statements; amending s. 408.809, F.S., relating to background screening of specified employees of health care providers; revising provisions for required rescreening; removing provisions authorizing the agency to adopt rules establishing a rescreening schedule; establishing a rescreening schedule; amending s. 408.810, F.S.; requiring disclosure of information by a controlling interest of certain court actions relating to financial instability within a specified time period; amending s. 408.813, F.S.; authorizing the agency to impose fines for unclassified violations of part II of ch. 408, F.S.; amending s. 408.815, F.S.; providing for certain mitigating circumstances to be considered for any application subject to denial; authorizing the agency to extend a license expiration date under certain circumstances; amending s. s. 409.212, F.S.; increasing the limit on the amount of additional supplementation provided by a third party under the optional state supplementation program; amending s. 409.91196, F.S.; revising components of a Medicaid prescribed-drug spending-control program; conforming a cross-reference; amending s. 409.912, F.S.; revising procedures for implementation of a Medicaid prescribed-drug spending-control program; amending s. 429.07, F.S.; deleting the requirement for an assisted living facility to obtain an additional license in order to provide limited nursing services; deleting the requirement for the agency to conduct quarterly monitoring visits of facilities that hold a license to provide extended congregate care services; deleting the requirement for the department to report annually on the status of and recommendations related to extended congregate care; deleting the requirement for the agency to conduct monitoring visits at least twice a year to facilities providing limited nursing services; eliminating the license fee for the limited nursing services license; transferring from another provision of law the requirement that the standard survey of an assisted living facility include specific actions to determine whether the facility is adequately protecting residents' rights; providing that under specified conditions an assisted living facility that has a class I or class II violation is subject to periodic unannounced monitoring; requiring a registered nurse to participate in certain monitoring visits; amending s. 429.11, F.S.; revising licensure application requirements for assisted living facilities to eliminate provisional licenses; amending s. 429.12, F.S.; deleting a requirement that a transferor of an assisted living facility advise the transferee to submit a plan for correction of certain deficiencies to the Agency for Health Care Administration before ownership of the facility is transferred; amending s. 429.14, F.S.; clarifying provisions relating to a facility's request for a hearing under certain circumstances; amending s. 429.17, F.S.; deleting provisions relating to the limited nursing services license; revising agency responsibilities regarding the issuance of conditional licenses; amending s. 429.195, F.S.; revising the list of entities prohibited from providing rebates; providing exceptions to prohibited patient brokering for assisted living facilities; amending s. 429.23, F.S.; deleting reporting requirements for assisted living facilities relating to liability claims; amending s. 429.255, F.S.; eliminating provisions authorizing the use of volunteers to provide certain health-care-related services in assisted living facilities; authorizing assisted living facilities to provide limited nursing services; requiring an assisted living facility to be responsible for certain recordkeeping and staff to be trained to monitor residents receiving certain health-care-related services; amending s. 429.28, F.S.; deleting a requirement for a biennial survey of an assisted living facility, to conform to changes made by the act; conforming a cross-reference; amending s. 429.41, F.S., relating to rulemaking; conforming provisions to changes made by the act; deleting the requirement for the Department of Elderly Affairs to submit a copy of proposed rules to the Legislature; amending s. 429.53, F.S.; revising provisions relating to consultation by the agency; revising a definition; amending s. 429.71, F.S.; revising schedule of inspection violations for adult family-care homes; amending s. 429.915, F.S.; revising agency responsibilities regarding the issuance of conditional licenses; amending s. 440.102, F.S.; deleting the requirement for laboratories to submit a monthly report to the agency with statistical information regarding the testing of employees and job applicants; amending s. 456.053, F.S.; revising the definition of the term "group practice" as it relates to financial arrangements of referring health care providers and providers of health care services to include group practices that provide radiation therapy services under certain circumstances; amending s. 483.035, F.S.; requiring certain clinical laboratories operated by one or more practitioners licensed under part I of ch. 464, F.S., the Nurse Practice Act, to be licensed under part I of ch. 483, F.S., the Florida Clinical Laboratory Law; amending s. 483.051, F.S.; establishing qualifications necessary for clinical laboratory licensure; amending s. 483.294, F.S.; revising frequency of agency inspections of multiphasic health testing centers; amending s. 499.003, F.S.; removing the requirement for certain prescription drug purchasers to maintain a separate inventory of certain prescription drugs; amending s. 633.081, F.S.; limiting State Fire Marshal inspections of nursing homes to once a year; providing for additional inspections based on complaints and violations identified in the course of orientation or training activities; amending s. 766.202, F.S.; adding persons licensed under part XIV of ch. 468, F.S., relating to orthotics, prosthetics, and pedorthics, to the definition of "health care provider"; amending s. 817.505, F.S.; creating an exception to the patient brokering prohibition for assisted living facilities; amending ss. 394.4787, 400.0239, 408.07, 430.80, and 651.118, F.S.; conforming terminology and references to changes made by the act; revising a reference; establishing that assisted living facility licensure fees have been adjusted by Consumer Price Index since 1998 and are not intended to be reset by this act; providing an effective date. 317 Be It Enacted by the Legislature of the State of Florida: 319 Section 1. Subsection (1) of section 83.42, Florida Statutes, is amended to read: 83.42 Exclusions from application of part.-This part does not apply to: (1) Residency or detention in a facility, whether public or private, when residence or detention is incidental to the provision of medical, geriatric, educational, counseling, religious, or similar services. For residents of a facility licensed under part II of chapter 400, the provisions of s. 400.0255 are the exclusive procedures for all transfers and discharges. Section 2. Paragraphs (f) through (k) of subsection (10) of section 112.0455, Florida Statutes, are redesignated as paragraphs (e) through (j), respectively, paragraph (e) of subsection (12) is redesignated as paragraph (d), and present paragraph (e) of subsection (10), present paragraph (d) of subsection (12), and paragraph (e) of subsection (14) of that section are amended to read: 112.0455 Drug-Free Workplace Act.-(10) EMPLOYER PROTECTION.-(e) Nothing in this section shall be construed to operate retroactively, and nothing in this section shall abrogate the right of an employer under state law to conduct drug tests prior to January 1, 1990. A drug test conducted by an employer prior to January 1, 1990, is not subject to this section. (12) DRUG-TESTING STANDARDS; LABORATORIES.-(d) The laboratory shall submit to the Agency for Health Care Administration a monthly report with statistical information regarding the testing of employees and job applicants. The reports shall include information on the methods of analyses conducted, the drugs tested for, the number of positive and negative results for both initial and confirmation tests, and any other information deemed appropriate by the Agency for Health Care Administration. No monthly report shall identify specific employees or job applicants. (14) DISCIPLINE REMEDIES.-(e) Upon resolving an appeal filed pursuant to paragraph (c), and finding a violation of this section, the commission may order the following relief: 1. Rescind the disciplinary action, expunge related records from the personnel file of the employee or job applicant and reinstate the employee. 2. Order compliance with paragraph (10) (f) (g).3. Award back pay and benefits. 4. Award the prevailing employee or job applicant the necessary costs of the appeal, reasonable attorney's fees, and expert witness fees. Section 3. Paragraph (n) of subsection (1) of section 154.11, Florida Statutes, is amended to read: 154.11 Powers of board of trustees.-(1) The board of trustees of each public health trust shall be deemed to exercise a public and essential governmental function of both the state and the county and in furtherance thereof it shall, subject to limitation by the governing body of the county in which such board is located, have all of the powers necessary or convenient to carry out the operation and governance of designated health care facilities, including, but without limiting the generality of, the foregoing: (n) To appoint originally the staff of physicians to practice in any designated facility owned or operated by the board and to approve the bylaws and rules to be adopted by the medical staff of any designated facility owned and operated by the board, such governing regulations to be in accordance with the standards of the Joint Commission on the Accreditation of Hospitals which provide, among other things, for the method of appointing additional staff members and for the removal of staff members. Section 4. Subsection (15) of section 318.21, Florida Statutes, is amended to read: 318.21 Disposition of civil penalties by county courts.-All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows: (15) Of the additional fine assessed under s. 318.18(3)(e) for a violation of s. 316.1893, percent of the moneys received from the fines shall be remitted to the Department of Revenue and deposited into the Brain and Spinal Cord Injury Trust Fund of Department of Health and shall be appropriated to the Department of Health Agency for Health Care Administration as general revenue to provide an enhanced Medicaid payment to nursing homes that serve Medicaid recipients with brain and spinal cord injuries that are medically complex and who are technologically and respiratory dependent.The remaining percent of the moneys received from the enhanced fine imposed under s. 318.18(3)(e) shall be remitted to the Department of Revenue and deposited into the Department of Health Emergency Medical Services Trust Fund to provide financial support to certified trauma centers in the counties where enhanced penalty zones are established to ensure the availability and accessibility of trauma services. Funds deposited into the Emergency Medical Services Trust Fund under this subsection shall be allocated as follows: (a) Fifty percent shall be allocated equally among all Level I, Level II, and pediatric trauma centers in recognition of readiness costs for maintaining trauma services. (b) Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers based on each center's relative volume of trauma cases as reported in the Department of Health Trauma Registry. Section 5. Section 383.325, Florida Statutes, is repealed. Section 6. Subsection (7) of section 394.4787, Florida Statutes, is amended to read: 394.4787 Definitions; ss. 394.4786, 394.4787, 394.4788, and 394.4789.-As used in this section and ss. 394.4786, 394.4788, and 394.4789: (7) "Specialty psychiatric hospital" means a hospital licensed by the agency pursuant to s. 395.002 (26) (28) and part II of chapter as a specialty psychiatric hospital. Section 7. Subsection (2) of section 394.741, Florida Statutes, is amended to read: 394.741 Accreditation requirements for providers of behavioral health care services.-(2) Notwithstanding any provision of law to the contrary, accreditation shall be accepted by the agency and department in lieu of the agency's and department's facility licensure onsite review requirements and shall be accepted as a substitute for the department's administrative and program monitoring requirements, except as required by subsections (3) and (4), for: (a) Any organization from which the department purchases behavioral health care services that is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the Council on Accreditation for Children and Family Services,or has those services that are being purchased by the department accredited by the Commission on Accreditation of Rehabilitation Facilities CARF-the Rehabilitation Accreditation Commission.(b) Any mental health facility licensed by the agency or any substance abuse component licensed by the department that is accredited by the Joint Commission on Accreditation of Healthcare Organizations,the Commission on Accreditation of Rehabilitation Facilities CARF-the Rehabilitation Accreditation Commission,or the Council on Accreditation of Children and Family Services.(c) Any network of providers from which the department or the agency purchases behavioral health care services accredited by the Joint Commission on Accreditation of Healthcare Organizations,the Commission on Accreditation of Rehabilitation Facilities CARF-the Rehabilitation Accreditation Commission,the Council on Accreditation of Children and Family Services,or the National Committee for Quality Assurance. A provider organization, which is part of an accredited network, is afforded the same rights under this part. Section 8. Present subsections (15) through (32) of section 395.002, Florida Statutes, are renumbered as subsections (14) through (28), respectively, and present subsections (1), (14), (24), (30), and (31) and paragraph (c) of present subsection (28) of that section are amended to read: 395.002 Definitions.-As used in this chapter: (1) "Accrediting organizations" means nationally recognized or approved accrediting organizations whose standards incorporate comparable licensure requirements as determined by the agency the Joint Commission on Accreditation of Healthcare Organizations, the American Osteopathic Association, the Commission on Accreditation of Rehabilitation Facilities, and the Accreditation Association for Ambulatory Health Care, Inc.(14) "Initial denial determination" means a determination by a private review agent that the health care services furnished or proposed to be furnished to a patient are inappropriate, not medically necessary, or not reasonable. (24) "Private review agent" means any person or entity which performs utilization review services for third-party payors on a contractual basis for outpatient or inpatient services. However, the term shall not include full-time employees, personnel, or staff of health insurers, health maintenance organizations, or hospitals, or wholly owned subsidiaries thereof or affiliates under common ownership, when performing utilization review for their respective hospitals, health maintenance organizations, or insureds of the same insurance group. For this purpose, health insurers, health maintenance organizations, and hospitals, or wholly owned subsidiaries thereof or affiliates under common ownership, include such entities engaged as administrators of self-insurance as defined in s. 624.031. (26) (28) "Specialty hospital" means any facility which meets the provisions of subsection (12), and which regularly makes available either: (c) Intensive residential treatment programs for children and adolescents as defined in subsection (14) (15).(30) "Utilization review" means a system for reviewing the medical necessity or appropriateness in the allocation of health care resources of hospital services given or proposed to be given to a patient or group of patients. (31) "Utilization review plan" means a description of the policies and procedures governing utilization review activities performed by a private review agent. Section 9. Paragraph (c) of subsection (1) and paragraph (b) of subsection (2) of section 395.003, Florida Statutes, are amended to read: 395.003 Licensure; denial, suspension, and revocation.-(1) (c) Until July 1, 2006, additional emergency departments located off the premises of licensed hospitals may not be authorized by the agency. (2) (b) The agency shall, at the request of a licensee that is a teaching hospital as defined in s. 408.07(45), issue a single license to a licensee for facilities that have been previously licensed as separate premises, provided such separately licensed facilities, taken together, constitute the same premises as defined in s. 395.002 (22) (23).Such license for the single premises shall include all of the beds, services, and programs that were previously included on the licenses for the separate premises. The granting of a single license under this paragraph shall not in any manner reduce the number of beds, services, or programs operated by the licensee. Section 10. Subsection (3) of section 395.0161, Florida Statutes, is amended to read: 395.0161 Licensure inspection.-(3) In accordance with s. 408.805, an applicant or licensee shall pay a fee for each license application submitted under this part, part II of chapter 408, and applicable rules. With the exception of state-operated licensed facilities, each facility licensed under this part shall pay to the agency,at the time of inspection, the following fees: (a) Inspection for licensure.-A fee shall be paid which is not less than $8 per hospital bed, nor more than $12 per hospital bed, except that the minimum fee shall be $400 per facility. (b) Inspection for lifesafety only.-A fee shall be paid which is not less than cents per hospital bed, nor more than $1.50 per hospital bed, except that the minimum fee shall be $40 per facility. Section 11. Paragraph (e) of subsection (2) and subsection (4) of section 395.0193, Florida Statutes, are amended to read: 395.0193 Licensed facilities; peer review; disciplinary powers; agency or partnership with physicians.-(2) Each licensed facility, as a condition of licensure, shall provide for peer review of physicians who deliver health care services at the facility. Each licensed facility shall develop written, binding procedures by which such peer review shall be conducted. Such procedures shall include: (e) Recording of agendas and minutes which do not contain confidential material, for review by the Division of Medical Quality Assurance of the department Health Quality Assurance of the agency.(4) Pursuant to ss. 458.337 and 459.016, any disciplinary actions taken under subsection (3) shall be reported in writing to the Division of Medical Quality Assurance of the department Health Quality Assurance of the agency within working days after its initial occurrence, regardless of the pendency of appeals to the governing board of the hospital. The notification shall identify the disciplined practitioner, the action taken, and the reason for such action. All final disciplinary actions taken under subsection (3), if different from those which were reported to the department agency within days after the initial occurrence, shall be reported within working days to the Division of Medical Quality Assurance of the department Health Quality Assurance of the agency in writing and shall specify the disciplinary action taken and the specific grounds therefor. The division shall review each report and determine whether it potentially involved conduct by the licensee that is subject to disciplinary action, in which case s. 456.073 shall apply. The reports are not subject to inspection under s. 119.07(1) even if the division's investigation results in a finding of probable cause. Section 12. Section 395.1023, Florida Statutes, is amended to read: 395.1023 Child abuse and neglect cases; duties.-Each licensed facility shall adopt a protocol that, at a minimum, requires the facility to: (1) Incorporate a facility policy that every staff member has an affirmative duty to report, pursuant to chapter 39, any actual or suspected case of child abuse, abandonment, or neglect; and (2) In any case involving suspected child abuse, abandonment, or neglect, designate, at the request of the Department of Children and Family Services,a staff physician to act as a liaison between the hospital and the Department of Children and Family Services office which is investigating the suspected abuse, abandonment, or neglect, and the child protection team, as defined in s. 39.01, when the case is referred to such a team. 592 Each general hospital and appropriate specialty hospital shall comply with the provisions of this section and shall notify the agency and the Department of Children and Family Services of its compliance by sending a copy of its policy to the agency and the Department of Children and Family Services as required by rule. The failure by a general hospital or appropriate specialty hospital to comply shall be punished by a fine not exceeding $1,000, to be fixed, imposed, and collected by the agency. Each day in violation is considered a separate offense. Section 13. Subsection (2) and paragraph (d) of subsection (3) of section 395.1041, Florida Statutes, are amended to read: 395.1041 Access to emergency services and care.-(2) INVENTORY OF HOSPITAL EMERGENCY SERVICES.-The agency shall establish and maintain an inventory of hospitals with emergency services. The inventory shall list all services within the service capability of the hospital, and such services shall appear on the face of the hospital license. Each hospital having emergency services shall notify the agency of its service capability in the manner and form prescribed by the agency. The agency shall use the inventory to assist emergency medical services providers and others in locating appropriate emergency medical care. The inventory shall also be made available to the general public. On or before August 1, 1992, the agency shall request that each hospital identify the services which are within its service capability. On or before November 1, 1992, the agency shall notify each hospital of the service capability to be included in the inventory. The hospital has days from the date of receipt to respond to the notice. By December 1, 1992, the agency shall publish a final inventory. Each hospital shall reaffirm its service capability when its license is renewed and shall notify the agency of the addition of a new service or the termination of a service prior to a change in its service capability. (3) EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF FACILITY OR HEALTH CARE PERSONNEL.-(d)1. Every hospital shall ensure the provision of services within the service capability of the hospital, at all times, either directly or indirectly through an arrangement with another hospital, through an arrangement with one or more physicians, or as otherwise made through prior arrangements. A hospital may enter into an agreement with another hospital for purposes of meeting its service capability requirement, and appropriate compensation or other reasonable conditions may be negotiated for these backup services. 2. If any arrangement requires the provision of emergency medical transportation, such arrangement must be made in consultation with the applicable provider and may not require the emergency medical service provider to provide transportation that is outside the routine service area of that provider or in a manner that impairs the ability of the emergency medical service provider to timely respond to prehospital emergency calls. 3. A hospital shall not be required to ensure service capability at all times as required in subparagraph 1. if, prior to the receiving of any patient needing such service capability, such hospital has demonstrated to the agency that it lacks the ability to ensure such capability and it has exhausted all reasonable efforts to ensure such capability through backup arrangements. In reviewing a hospital's demonstration of lack of ability to ensure service capability, the agency shall consider factors relevant to the particular case, including the following: a. Number and proximity of hospitals with the same service capability. b. Number, type, credentials, and privileges of specialists. c. Frequency of procedures. d. Size of hospital. 4. The agency shall publish proposed rules implementing a reasonable exemption procedure by November 1, 1992.Subparagraph 1. shall become effective upon the effective date of said rules or January 31, 1993, whichever is earlier. For a period not to exceed year from the effective date of subparagraph 1., a hospital requesting an exemption shall be deemed to be exempt from offering the service until the agency initially acts to deny or grant the original request. The agency has days after from the date of receipt of the request to approve or deny the request. After the first year from the effective date of subparagraph 1., If the agency fails to initially act within that the time period, the hospital is deemed to be exempt from offering the service until the agency initially acts to deny the request. Section 14. Section 395.1046, Florida Statutes, is repealed. Section 15. Paragraphs (b) and (e) of subsection (1) of section 395.1055, Florida Statutes, are amended to read: 395.1055 Rules and enforcement.-(1) The agency shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part, which shall include reasonable and fair minimum standards for ensuring that: (b) Infection control, housekeeping, sanitary conditions, and medical record procedures that will adequately protect patient care and safety are established and implemented. These procedures shall require housekeeping and sanitation staff to wear masks and gloves when cleaning patient rooms and disinfecting environmental surfaces in patient rooms in accordance with the time instructions on the label of the disinfectant used by the hospital. The agency may impose an administrative fine for each day that a violation of this paragraph occurs. (e) Licensed facility beds conform to minimum space, equipment, and furnishings standards as specified by the agency, the Florida Building Code, and the Florida Fire Prevention Code department.Section 16. Subsection (1) of section 395.10972, Florida Statutes, is amended to read: 395.10972 Health Care Risk Manager Advisory Council.-The Secretary of Health Care Administration may appoint a seven-member advisory council to advise the agency on matters pertaining to health care risk managers. The members of the council shall serve at the pleasure of the secretary. The council shall designate a chair. The council shall meet at the call of the secretary or at those times as may be required by rule of the agency. The members of the advisory council shall receive no compensation for their services, but shall be reimbursed for travel expenses as provided in s. 112.061. The council shall consist of individuals representing the following areas: (1) Two shall be active health care risk managers, including one risk manager who is recommended by and a member of the Florida Society for of Healthcare Risk Management and Patient Safety.Section 17. Subsection (3) of section 395.2050, Florida Statutes, is amended to read: 395.2050 Routine inquiry for organ and tissue donation; certification for procurement activities; death records review.-(3) Each organ procurement organization designated by the federal Centers for Medicare and Medicaid Services Health Care Financing Administration and licensed by the state shall conduct an annual death records review in the organ procurement organization's affiliated donor hospitals. The organ procurement organization shall enlist the services of every Florida licensed tissue bank and eye bank affiliated with or providing service to the donor hospital and operating in the same service area to participate in the death records review. Section 18. Subsection (2) of section 395.3036, Florida Statutes, is amended to read: 395.3036 Confidentiality of records and meetings of corporations that lease public hospitals or other public health care facilities.-The records of a private corporation that leases a public hospital or other public health care facility are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, and the meetings of the governing board of a private corporation are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution when the public lessor complies with the public finance accountability provisions of s. 155.40(5) with respect to the transfer of any public funds to the private lessee and when the private lessee meets at least three of the five following criteria: (2) The public lessor and the private lessee do not commingle any of their funds in any account maintained by either of them, other than the payment of the rent and administrative fees or the transfer of funds pursuant to s. 155.40 subsection (2).Section 19. Section 395.3037, Florida Statutes, is repealed. Section 20. Subsections (1), (4), and (5) of section 395.3038, Florida Statutes, are amended to read: 395.3038 State-listed primary stroke centers and comprehensive stroke centers; notification of hospitals.-(1) The agency shall make available on its website and to the department a list of the name and address of each hospital that meets the criteria for a primary stroke center and the name and address of each hospital that meets the criteria for a comprehensive stroke center. The list of primary and comprehensive stroke centers shall include only those hospitals that attest in an affidavit submitted to the agency that the hospital meets the named criteria, or those hospitals that attest in an affidavit submitted to the agency that the hospital is certified as a primary or a comprehensive stroke center by the Joint Commission on Accreditation of Healthcare Organizations.(4) The agency shall adopt by rule criteria for a primary stroke center which are substantially similar to the certification standards for primary stroke centers of the Joint Commission on Accreditation of Healthcare Organizations.(5) The agency shall adopt by rule criteria for a comprehensive stroke center. However, if the Joint Commission on Accreditation of Healthcare Organizations establishes criteria for a comprehensive stroke center, the agency shall establish criteria for a comprehensive stroke center which are substantially similar to those criteria established by the Joint Commission on Accreditation of Healthcare Organizations.Section 21. Paragraph (d) of subsection (2) of section 395.4025, Florida Statutes, is amended to read: 395.4025 Trauma centers; selection; quality assurance; records.-(2) (d)1. Notwithstanding other provisions in this section, the department may grant up to an additional months to a hospital applicant that is unable to meet all requirements as provided in paragraph (c) at the time of application if the number of applicants in the service area in which the applicant is located is equal to or less than the service area allocation, as provided by rule of the department. An applicant that is granted additional time pursuant to this paragraph shall submit a plan for departmental approval which includes timelines and activities that the applicant proposes to complete in order to meet application requirements. Any applicant that demonstrates an ongoing effort to complete the activities within the timelines outlined in the plan shall be included in the number of trauma centers at such time that the department has conducted a provisional review of the application and has determined that the application is complete and that the hospital has the critical elements required for a trauma center. An applicant that has received an additional months pursuant to this paragraph shall be granted up to two additional 6-month extensions to meet all requirements as provided in paragraph (c), if construction related to a critical element is delayed as a result of governmental action or inaction with respect to regulations or permitting, and the applicant has made a good faith effort to comply with the applicable regulations or obtain the required permits. 2. Timeframes provided in subsections (1)-(8) shall be stayed until the department determines that the application is complete and that the hospital has the critical elements required for a trauma center. Section 22. Paragraph (e) of subsection (2) of section 395.602, Florida Statutes, is amended to read: 395.602 Rural hospitals.-(2) DEFINITIONS.-As used in this part: (e) "Rural hospital" means an acute care hospital licensed under this chapter, having or fewer licensed beds and an emergency room, which is: 1. The sole provider within a county with a population density of no greater than persons per square mile; 2. An acute care hospital, in a county with a population density of no greater than persons per square mile, which is at least minutes of travel time, on normally traveled roads under normal traffic conditions, from any other acute care hospital within the same county; 3. A hospital supported by a tax district or subdistrict whose boundaries encompass a population of persons or fewer per square mile; 4. A hospital in a constitutional charter county with a population of over million persons that has imposed a local option health service tax pursuant to law and in an area that was directly impacted by a catastrophic event on August 24, 1992, for which the Governor of Florida declared a state of emergency pursuant to chapter 125, and has beds or less that serves an agricultural community with an emergency room utilization of no less than 20,000 visits and a Medicaid inpatient utilization rate greater than percent; 4. 5. A hospital with a service area that has a population of persons or fewer per square mile. As used in this subparagraph, the term "service area" means the fewest number of zip codes that account for percent of the hospital's discharges for the most recent 5-year period, based on information available from the hospital inpatient discharge database in the Florida Center for Health Information and Policy Analysis at the Agency for Health Care Administration; or 5. 6. A hospital designated as a critical access hospital, as defined in s. 408.07(15). 848 Population densities used in this paragraph must be based upon the most recently completed United States census. A hospital that received funds under s. 409.9116 for a quarter beginning no later than July 1, 2002, is deemed to have been and shall continue to be a rural hospital from that date through June 30, 2015, if the hospital continues to have or fewer licensed beds and an emergency room,or meets the criteria of subparagraph.An acute care hospital that has not previously been designated as a rural hospital and that meets the criteria of this paragraph shall be granted such designation upon application, including supporting documentation to the Agency for Health Care Administration. Section 23. Subsections (8) and (16) of section 400.021, Florida Statutes, are amended to read: 400.021 Definitions.-When used in this part, unless the context otherwise requires, the term: (8) "Geriatric outpatient clinic" means a site for providing outpatient health care to persons years of age or older, which is staffed by a registered nurse or a physician assistant,or a licensed practical nurse under the direct supervision of a registered nurse, advanced registered nurse practitioner, physician assistant, or physician.(16) "Resident care plan" means a written plan developed, maintained, and reviewed not less than quarterly by a registered nurse, with participation from other facility staff and the resident or his or her designee or legal representative, which includes a comprehensive assessment of the needs of an individual resident; the type and frequency of services required to provide the necessary care for the resident to attain or maintain the highest practicable physical, mental, and psychosocial well-being; a listing of services provided within or outside the facility to meet those needs; and an explanation of service goals. The resident care plan must be signed by the director of nursing or another registered nurse employed by the facility to whom institutional responsibilities have been delegated and by the resident, the resident's designee, or the resident's legal representative. The facility may not use an agency or temporary registered nurse to satisfy the foregoing requirement and must document the institutional responsibilities that have been delegated to the registered nurse. Section 24. Paragraph (g) of subsection (2) of section 400.0239, Florida Statutes, is amended to read: 400.0239 Quality of Long-Term Care Facility Improvement Trust Fund.-(2) Expenditures from the trust fund shall be allowable for direct support of the following: (g) Other initiatives authorized by the Centers for Medicare and Medicaid Services for the use of federal civil monetary penalties,including projects recommended through the Medicaid "Up-or-Out" Quality of Care Contract Management Program pursuant to s. 400.148.Section 25. Subsection (15) of section 400.0255, Florida Statutes, is amended to read 400.0255 Resident transfer or discharge; requirements and procedures; hearings.-(15)(a) The department's Office of Appeals Hearings shall conduct hearings under this section. The office shall notify the facility of a resident's request for a hearing. (b) The department shall, by rule, establish procedures to be used for fair hearings requested by residents. These procedures shall be equivalent to the procedures used for fair hearings for other Medicaid cases appearing in s. 409.285 and applicable rules,chapter 10-2, part VI, Florida Administrative Code.The burden of proof must be clear and convincing evidence. A hearing decision must be rendered within days after receipt of the request for hearing. (c) If the hearing decision is favorable to the resident who has been transferred or discharged, the resident must be readmitted to the facility's first available bed. (d) The decision of the hearing officer shall be final. Any aggrieved party may appeal the decision to the district court of appeal in the appellate district where the facility is located. Review procedures shall be conducted in accordance with the Florida Rules of Appellate Procedure. Section 26. Subsection (2) of section 400.063, Florida Statutes, is amended to read: 400.063 Resident protection.-(2) The agency is authorized to establish for each facility, subject to intervention by the agency, a separate bank account for the deposit to the credit of the agency of any moneys received from the Health Care Trust Fund or any other moneys received for the maintenance and care of residents in the facility, and the agency is authorized to disburse moneys from such account to pay obligations incurred for the purposes of this section. The agency is authorized to requisition moneys from the Health Care Trust Fund in advance of an actual need for cash on the basis of an estimate by the agency of moneys to be spent under the authority of this section. Any bank account established under this section need not be approved in advance of its creation as required by s. 17.58, but shall be secured by depository insurance equal to or greater than the balance of such account or by the pledge of collateral security in conformance with criteria established in s. 18.11.The agency shall notify the Chief Financial Officer of any such account so established and shall make a quarterly accounting to the Chief Financial Officer for all moneys deposited in such account. Section 27. Subsections (1) and (5) of section 400.071, Florida Statutes, are amended to read: 400.071 Application for license.-(1) In addition to the requirements of part II of chapter 408, the application for a license shall be under oath and must contain the following: (a) The location of the facility for which a license is sought and an indication, as in the original application, that such location conforms to the local zoning ordinances. (b) A signed affidavit disclosing any financial or ownership interest that a controlling interest as defined in part II of chapter has held in the last years in any entity licensed by this state or any other state to provide health or residential care which has closed voluntarily or involuntarily; has filed for bankruptcy; has had a receiver appointed; has had a license denied, suspended, or revoked; or has had an injunction issued against it which was initiated by a regulatory agency. The affidavit must disclose the reason any such entity was closed, whether voluntarily or involuntarily. (c) The total number of beds and the total number of Medicare and Medicaid certified beds. (b) (d) Information relating to the applicant and employees which the agency requires by rule. The applicant must demonstrate that sufficient numbers of qualified staff, by training or experience, will be employed to properly care for the type and number of residents who will reside in the facility. (e) Copies of any civil verdict or judgment involving the applicant rendered within the years preceding the application, relating to medical negligence, violation of residents' rights, or wrongful death. As a condition of licensure, the licensee agrees to provide to the agency copies of any new verdict or judgment involving the applicant, relating to such matters, within days after filing with the clerk of the court. The information required in this paragraph shall be maintained in the facility's licensure file and in an agency database which is available as a public record. (5) As a condition of licensure, each facility must establish and submit with its application a plan for quality assurance and for conducting risk management. Section 28. Section 400.0712, Florida Statutes, is amended to read: 400.0712 Application for inactive license.-(1) As specified in this section, the agency may issue an inactive license to a nursing home facility for all or a portion of its beds. Any request by a licensee that a nursing home or portion of a nursing home become inactive must be submitted to the agency in the approved format. The facility may not initiate any suspension of services, notify residents, or initiate inactivity before receiving approval from the agency; and a licensee that violates this provision may not be issued an inactive license. (1) (2) In addition to the powers granted under part II of chapter 408, the agency may issue an inactive license for a portion of the total beds to a nursing home that chooses to use an unoccupied contiguous portion of the facility for an 1000 alternative use to meet the needs of elderly persons through the 1001 use of less restrictive, less institutional services. 1002 (a) An inactive license issued under this subsection may 1003 be granted for a period not to exceed the current licensure 1004 expiration date but may be renewed by the agency at the time of 1005 licensure renewal. 1006 (b) A request to extend the inactive license must be 1007 submitted to the agency in the approved format and approved by 1008 the agency in writing. 1009 (c) Nursing homes that receive an inactive license to 1010 provide alternative services shall not receive preference for 1011 participation in the Assisted Living for the Elderly Medicaid 1012 waiver. 1013 (2) (3) The agency shall adopt rules pursuant to ss. 1014 120.536(1) and 120.54 necessary to implement this section. 1015 Section 29. Section 400.111, Florida Statutes, is amended 1016 to read: 1017 400.111 Disclosure of controlling interest.-In addition to 1018 the requirements of part II of chapter 408, when requested by 1019 the agency, the licensee shall submit a signed affidavit 1020 disclosing any financial or ownership interest that a 1021 controlling interest has held within the last years in any 1022 entity licensed by the state or any other state to provide 1023 health or residential care which entity has closed voluntarily 1024 or involuntarily; has filed for bankruptcy; has had a receiver 1025 appointed; has had a license denied, suspended, or revoked; or 1026 has had an injunction issued against it which was initiated by a 1027 regulatory agency. The affidavit must disclose the reason such 1028 entity was closed, whether voluntarily or involuntarily. 1029 Section 30. Subsection (2) of section 400.1183, Florida 1030 Statutes, is amended to read: 1031 400.1183 Resident grievance procedures.-1032 (2) Each facility shall maintain records of all grievances 1033 and shall retain a log for agency inspection of report to the 1034 agency at the time of relicensure the total number of grievances 1035 handled during the prior licensure period,a categorization of 1036 the cases underlying the grievances, and the final disposition 1037 of the grievances. 1038 Section 31. Section 400.141, Florida Statutes, is amended 1039 to read: 1040 400.141 Administration and management of nursing home 1041 facilities.-1042 (1) Every licensed facility shall comply with all 1043 applicable standards and rules of the agency and shall: 1044 (a) Be under the administrative direction and charge of a 1045 licensed administrator. 1046 (b) Appoint a medical director licensed pursuant to 1047 chapter or chapter 459. The agency may establish by rule 1048 more specific criteria for the appointment of a medical 1049 director. 1050 (c) Have available the regular, consultative, and 1051 emergency services of physicians licensed by the state. 1052 (d) Provide for resident use of a community pharmacy as 1053 specified in s. 400.022(1)(q). Any other law to the contrary 1054 notwithstanding, a registered pharmacist licensed in Florida, 1055 that is under contract with a facility licensed under this 1056 chapter or chapter 429, shall repackage a nursing facility 1057 resident's bulk prescription medication which has been packaged 1058 by another pharmacist licensed in any state in the United States 1059 into a unit dose system compatible with the system used by the 1060 nursing facility, if the pharmacist is requested to offer such 1061 service. In order to be eligible for the repackaging, a resident 1062 or the resident's spouse must receive prescription medication 1063 benefits provided through a former employer as part of his or 1064 her retirement benefits, a qualified pension plan as specified 1065 in s. 4972 of the Internal Revenue Code, a federal retirement 1066 program as specified under C.F.R. s. 831, or a long-term care 1067 policy as defined in s. 627.9404(1). A pharmacist who correctly 1068 repackages and relabels the medication and the nursing facility 1069 which correctly administers such repackaged medication under 1070 this paragraph may not be held liable in any civil or 1071 administrative action arising from the repackaging. In order to 1072 be eligible for the repackaging, a nursing facility resident for 1073 whom the medication is to be repackaged shall sign an informed 1074 consent form provided by the facility which includes an 1075 explanation of the repackaging process and which notifies the 1076 resident of the immunities from liability provided in this 1077 paragraph. A pharmacist who repackages and relabels prescription 1078 medications, as authorized under this paragraph, may charge a 1079 reasonable fee for costs resulting from the implementation of 1080 this provision. 1081 (e) Provide for the access of the facility residents to 1082 dental and other health-related services, recreational services, 1083 rehabilitative services, and social work services appropriate to 1084 their needs and conditions and not directly furnished by the 1085 licensee. When a geriatric outpatient nurse clinic is conducted 1086 in accordance with rules adopted by the agency, outpatients 1087 attending such clinic shall not be counted as part of the 1088 general resident population of the nursing home facility, nor 1089 shall the nursing staff of the geriatric outpatient clinic be 1090 counted as part of the nursing staff of the facility, until the 1091 outpatient clinic load exceeds a day. 1092 (f) Be allowed and encouraged by the agency to provide 1093 other needed services under certain conditions. If the facility 1094 has a standard licensure status, and has had no class I or class 1095 II deficiencies during the past years or has been awarded a 1096 Gold Seal under the program established in s. 400.235, it may be 1097 encouraged by the agency to provide services, including, but not 1098 limited to, respite and adult day services, which enable 1099 individuals to move in and out of the facility. A facility is 1100 not subject to any additional licensure requirements for 1101 providing these services,under the following conditions:.1102 1. Respite care may be offered to persons in need of 1103 short-term or temporary nursing home services. For each person 1104 admitted under the respite care program, the facility licensee 1105 must: 1106 a. Have a written abbreviated plan of care that, at a 1107 minimum, includes nutritional requirements, medication orders, 1108 physician orders, nursing assessments, and dietary preferences. 1109 The nursing or physician assessments may take the place of all 1110 other assessments required for full-time residents. 1111 b. Have a contract that, at a minimum, specifies the 1112 services to be provided to the respite resident, including 1113 charges for services, activities, equipment, emergency medical 1114 services, and the administration of medications. If multiple 1115 respite admissions for a single person are anticipated, the 1116 original contract is valid for year after the date of 1117 execution. 1118 c. Ensure that each resident is released to his or her 1119 caregiver or an individual designated in writing by the 1120 caregiver. 1121 2. A person admitted under the respite care program is: 1122 a. Exempt from requirements in rule related to discharge 1123 planning. 1124 b. Covered by the residents' rights set forth in s. 1125 400.022(1)(a)-(o) and (r)-(t). Funds or property of the resident 1126 shall not be considered trust funds subject to the requirements 1127 of s. 400.022(1)(h) until the resident has been in the facility 1128 for more than consecutive days. 1129 c. Allowed to use his or her personal medications for the 1130 respite stay if permitted by facility policy. The facility must 1131 obtain a physician's order for the medications. The caregiver 1132 may provide information regarding the medications as part of the 1133 nursing assessment and that information must agree with the 1134 physician's order. Medications shall be released with the 1135 resident upon discharge in accordance with current physician's 1136 orders. 1137 3. A person receiving respite care is entitled to reside 1138 in the facility for a total of days within a contract year or 1139 within a calendar year if the contract is for less than 1140 months. However, each single stay may not exceed days. If a 1141 stay exceeds consecutive days, the facility must comply with 1142 all assessment and care planning requirements applicable to 1143 nursing home residents. 1144 4. A person receiving respite care must reside in a 1145 licensed nursing home bed. 1146 5. A prospective respite resident must provide medical 1147 information from a physician, physician assistant, or nurse 1148 practitioner and other information from the primary caregiver as 1149 may be required by the facility before or at the time of 1150 admission to receive respite care. The medical information must 1151 include a physician's order for respite care and proof of a 1152 physical examination by a licensed physician, physician 1153 assistant, or nurse practitioner. The physician's order and 1154 physical examination may be used to provide intermittent respite 1155 care for up to months after the date the order is written. 1156 6. The facility must assume the duties of the primary 1157 caregiver. To ensure continuity of care and services, the 1158 resident is entitled to retain his or her personal physician and 1159 must have access to medically necessary services such as 1160 physical therapy, occupational therapy, or speech therapy, as 1161 needed. The facility must arrange for transportation to these 1162 services if necessary. Respite care must be provided in 1163 accordance with this part and rules adopted by the agency. 1164 However, the agency shall, by rule, adopt modified requirements 1165 for resident assessment, resident care plans, resident 1166 contracts, physician orders, and other provisions, as 1167 appropriate, for short-term or temporary nursing home services. 1168 7. The agency shall allow for shared programming and staff 1169 in a facility which meets minimum standards and offers services 1170 pursuant to this paragraph, but, if the facility is cited for 1171 deficiencies in patient care, may require additional staff and 1172 programs appropriate to the needs of service recipients. A 1173 person who receives respite care may not be counted as a 1174 resident of the facility for purposes of the facility's licensed 1175 capacity unless that person receives 24-hour respite care. A 1176 person receiving either respite care for hours or longer or 1177 adult day services must be included when calculating minimum 1178 staffing for the facility. Any costs and revenues generated by a 1179 nursing home facility from nonresidential programs or services 1180 shall be excluded from the calculations of Medicaid per diems 1181 for nursing home institutional care reimbursement. 1182 (g) If the facility has a standard license or is a Gold 1183 Seal facility,exceeds the minimum required hours of licensed 1184 nursing and certified nursing assistant direct care per resident 1185 per day, and is part of a continuing care facility licensed 1186 under chapter or a retirement community that offers other 1187 services pursuant to part III of this chapter or part I or part 1188 III of chapter on a single campus, be allowed to share 1189 programming and staff. At the time of inspection and in the 1190 semiannual report required pursuant to paragraph (o),a 1191 continuing care facility or retirement community that uses this 1192 option must demonstrate through staffing records that minimum 1193 staffing requirements for the facility were met. Licensed nurses 1194 and certified nursing assistants who work in the nursing home 1195 facility may be used to provide services elsewhere on campus if 1196 the facility exceeds the minimum number of direct care hours 1197 required per resident per day and the total number of residents 1198 receiving direct care services from a licensed nurse or a 1199 certified nursing assistant does not cause the facility to 1200 violate the staffing ratios required under s. 400.23(3)(a). 1201 Compliance with the minimum staffing ratios shall be based on 1202 total number of residents receiving direct care services, 1203 regardless of where they reside on campus. If the facility 1204 receives a conditional license, it may not share staff until the 1205 conditional license status ends. This paragraph does not 1206 restrict the agency's authority under federal or state law to 1207 require additional staff if a facility is cited for deficiencies 1208 in care which are caused by an insufficient number of certified 1209 nursing assistants or licensed nurses. The agency may adopt 1210 rules for the documentation necessary to determine compliance 1211 with this provision. 1212 (h) Maintain the facility premises and equipment and 1213 conduct its operations in a safe and sanitary manner. 1214 (i) If the licensee furnishes food service, provide a 1215 wholesome and nourishing diet sufficient to meet generally 1216 accepted standards of proper nutrition for its residents and 1217 provide such therapeutic diets as may be prescribed by attending 1218 physicians. In making rules to implement this paragraph, the 1219 agency shall be guided by standards recommended by nationally 1220 recognized professional groups and associations with knowledge 1221 of dietetics. 1222 (j) Keep full records of resident admissions and 1223 discharges; medical and general health status, including medical 1224 records, personal and social history, and identity and address 1225 of next of kin or other persons who may have responsibility for 1226 the affairs of the residents; and individual resident care plans 1227 including, but not limited to, prescribed services, service 1228 frequency and duration, and service goals. The records shall be 1229 open to inspection by the agency. The facility must maintain 1230 clinical records on each resident in accordance with accepted 1231 professional standards and practices that are complete, 1232 accurately documented, readily accessible, and systematically 1233 organized. 1234 (k) Keep such fiscal records of its operations and 1235 conditions as may be necessary to provide information pursuant 1236 to this part. 1237 (l) Furnish copies of personnel records for employees 1238 affiliated with such facility, to any other facility licensed by 1239 this state requesting this information pursuant to this part. 1240 Such information contained in the records may include, but is 1241 not limited to, disciplinary matters and any reason for 1242 termination. Any facility releasing such records pursuant to 1243 this part shall be considered to be acting in good faith and may 1244 not be held liable for information contained in such records, 1245 absent a showing that the facility maliciously falsified such 1246 records. 1247 (m) Publicly display a poster provided by the agency 1248 containing the names, addresses, and telephone numbers for the 1249 state's abuse hotline, the State Long-Term Care Ombudsman, the 1250 Agency for Health Care Administration consumer hotline, the 1251 Advocacy Center for Persons with Disabilities, the Florida 1252 Statewide Advocacy Council, and the Medicaid Fraud Control Unit, 1253 with a clear description of the assistance to be expected from 1254 each. 1255 (n) Submit to the agency the information specified in s. 1256 400.071(1)(b) for a management company within days after the 1257 effective date of the management agreement. 1258 (n) (o) 1. Submit semiannually to the agency, or more 1259 frequently if requested by the agency, information regarding 1260 facility staff-to-resident ratios, staff turnover, and staff 1261 stability, including information regarding certified nursing 1262 assistants, licensed nurses, the director of nursing, and the 1263 facility administrator. For purposes of this reporting: 1264 a. Staff-to-resident ratios must be reported in the 1265 categories specified in s. 400.23(3)(a) and applicable rules. 1266 The ratio must be reported as an average for the most recent 1267 calendar quarter. 1268 b. Staff turnover must be reported for the most recent 12-1269 month period ending on the last workday of the most recent 1270 calendar quarter prior to the date the information is submitted. 1271 The turnover rate must be computed quarterly, with the annual 1272 rate being the cumulative sum of the quarterly rates. The 1273 turnover rate is the total number of terminations or separations 1274 experienced during the quarter, excluding any employee 1275 terminated during a probationary period of months or less, 1276 divided by the total number of staff employed at the end of the 1277 period for which the rate is computed, and expressed as a 1278 percentage. 1279 c. The formula for determining staff stability is the 1280 total number of employees that have been employed for more than 1281 months, divided by the total number of employees employed at 1282 the end of the most recent calendar quarter, and expressed as a 1283 percentage. 1284 d. A nursing facility that has failed to comply with state 1285 minimum-staffing requirements for consecutive days is 1286 prohibited from accepting new admissions until the facility has 1287 achieved the minimum-staffing requirements for a period of 1288 consecutive days. For the purposes of this sub-subparagraph, any 1289 person who was a resident of the facility and was absent from 1290 the facility for the purpose of receiving medical care at a 1291 separate location or was on a leave of absence is not considered 1292 a new admission. Failure to impose such an admissions moratorium 1293 is subject to a $1,000 fine constitutes a class II deficiency.1294 2. e. A nursing facility which does not have a conditional 1295 license may be cited for failure to comply with the standards in 1296 s. 400.23(3)(a)1.b. and c. only if it has failed to meet those 1297 standards on consecutive days or if it has failed to meet at 1298 least percent of those standards on any one day. 1299 3. f. A facility which has a conditional license must be in 1300 compliance with the standards in s. 400.23(3)(a) at all times. 1301 2. This paragraph does not limit the agency's ability to 1302 impose a deficiency or take other actions if a facility does not 1303 have enough staff to meet the residents' needs. 1304 (o) (p) Notify a licensed physician when a resident 1305 exhibits signs of dementia or cognitive impairment or has a 1306 change of condition in order to rule out the presence of an 1307 underlying physiological condition that may be contributing to 1308 such dementia or impairment. The notification must occur within 1309 days after the acknowledgment of such signs by facility 1310 staff. If an underlying condition is determined to exist, the 1311 facility shall arrange, with the appropriate health care 1312 provider, the necessary care and services to treat the 1313 condition. 1314 (p) (q) If the facility implements a dining and hospitality 1315 attendant program, ensure that the program is developed and 1316 implemented under the supervision of the facility director of 1317 nursing. A licensed nurse, licensed speech or occupational 1318 therapist, or a registered dietitian must conduct training of 1319 dining and hospitality attendants. A person employed by a 1320 facility as a dining and hospitality attendant must perform 1321 tasks under the direct supervision of a licensed nurse. 1322 (r) Report to the agency any filing for bankruptcy 1323 protection by the facility or its parent corporation, 1324 divestiture or spin-off of its assets, or corporate 1325 reorganization within days after the completion of such 1326 activity. 1327 (q) (s) Maintain general and professional liability 1328 insurance coverage that is in force at all times. In lieu of 1329 general and professional liability insurance coverage, a state-1330 designated teaching nursing home and its affiliated assisted 1331 living facilities created under s. 430.80 may demonstrate proof 1332 of financial responsibility as provided in s. 430.80(3)(g). 1333 (r) (t) Maintain in the medical record for each resident a 1334 daily chart of certified nursing assistant services provided to 1335 the resident. The certified nursing assistant who is caring for 1336 the resident must complete this record by the end of his or her 1337 shift. This record must indicate assistance with activities of 1338 daily living, assistance with eating, and assistance with 1339 drinking, and must record each offering of nutrition and 1340 hydration for those residents whose plan of care or assessment 1341 indicates a risk for malnutrition or dehydration. 1342 (s) (u) Before November of each year, subject to the 1343 availability of an adequate supply of the necessary vaccine, 1344 provide for immunizations against influenza viruses to all its 1345 consenting residents in accordance with the recommendations of 1346 the United States Centers for Disease Control and Prevention, 1347 subject to exemptions for medical contraindications and 1348 religious or personal beliefs. Subject to these exemptions, any 1349 consenting person who becomes a resident of the facility after 1350 November but before March of the following year must be 1351 immunized within working days after becoming a resident. 1352 Immunization shall not be provided to any resident who provides 1353 documentation that he or she has been immunized as required by 1354 this paragraph. This paragraph does not prohibit a resident from 1355 receiving the immunization from his or her personal physician if 1356 he or she so chooses. A resident who chooses to receive the 1357 immunization from his or her personal physician shall provide 1358 proof of immunization to the facility. The agency may adopt and 1359 enforce any rules necessary to comply with or implement this 1360 paragraph. 1361 (t) (v) Assess all residents for eligibility for 1362 pneumococcal polysaccharide vaccination (PPV) and vaccinate 1363 residents when indicated within days after the effective date 1364 of this act in accordance with the recommendations of the United 1365 States Centers for Disease Control and Prevention, subject to 1366 exemptions for medical contraindications and religious or 1367 personal beliefs. Residents admitted after the effective date of 1368 this act shall be assessed within working days of admission 1369 and, when indicated, vaccinated within days in accordance 1370 with the recommendations of the United States Centers for 1371 Disease Control and Prevention, subject to exemptions for 1372 medical contraindications and religious or personal beliefs. 1373 Immunization shall not be provided to any resident who provides 1374 documentation that he or she has been immunized as required by 1375 this paragraph. This paragraph does not prohibit a resident from 1376 receiving the immunization from his or her personal physician if 1377 he or she so chooses. A resident who chooses to receive the 1378 immunization from his or her personal physician shall provide 1379 proof of immunization to the facility. The agency may adopt and 1380 enforce any rules necessary to comply with or implement this 1381 paragraph. 1382 (u) (w) Annually encourage and promote to its employees the 1383 benefits associated with immunizations against influenza viruses 1384 in accordance with the recommendations of the United States 1385 Centers for Disease Control and Prevention. The agency may adopt 1386 and enforce any rules necessary to comply with or implement this 1387 paragraph. 1388 1389 This subsection does not limit the agency's ability to impose a 1390 deficiency or take other actions if a facility does not have 1391 enough staff to meet the residents' needs. 1392 (2) Facilities that have been awarded a Gold Seal under 1393 the program established in s. 400.235 may develop a plan to 1394 provide certified nursing assistant training as prescribed by 1395 federal regulations and state rules and may apply to the agency 1396 for approval of their program. 1397 (3) A facility may charge a reasonable fee for the copying 1398 of resident records. The fee may not exceed $1 per page for the 1399 first pages and cents per page for each page in excess of 1400 pages. 1401 Section 32. Subsection (3) of section 400.142, Florida 1402 Statutes, is amended to read: 1403 400.142 Emergency medication kits; orders not to 1404 resuscitate.-1405 (3) Facility staff may withhold or withdraw 1406 cardiopulmonary resuscitation if presented with an order not to 1407 resuscitate executed pursuant to s. 401.45. The agency shall 1408 adopt rules providing for the implementation of such orders. 1409 Facility staff and facilities shall not be subject to criminal 1410 prosecution or civil liability, nor be considered to have 1411 engaged in negligent or unprofessional conduct, for withholding 1412 or withdrawing cardiopulmonary resuscitation pursuant to such an 1413 order and rules adopted by the agency. The absence of an order 1414 not to resuscitate executed pursuant to s. 401.45 does not 1415 preclude a physician from withholding or withdrawing 1416 cardiopulmonary resuscitation as otherwise permitted by law. 1417 Section 33. Sections 400.0234, 400.145, and 429.294, 1418 Florida Statutes, are repealed. 1419 Section 34. Subsection (9) and subsections (11) through 1420 (15) of section 400.147, Florida Statutes, are renumbered as 1421 subsections (8) through (13), respectively, and present 1422 subsections (7), (8), and (10) of that section are amended to 1423 read: 1424 400.147 Internal risk management and quality assurance 1425 program.-1426 (7) The facility shall initiate an investigation and shall 1427 notify the agency within business day after the risk manager 1428 or his or her designee has received a report pursuant to 1429 paragraph (1)(d). Each facility shall complete the investigation 1430 and submit a report to the agency within calendar days after 1431 an incident is determined to be an adverse incident. The 1432 notification must be made in writing and be provided 1433 electronically, by facsimile device or overnight mail delivery. 1434 The agency shall develop a form for reporting this information 1435 and the notification must include the name of the risk manager 1436 of the facility, information regarding the identity of the 1437 affected resident, the type of adverse incident, the initiation 1438 of an investigation by the facility, and whether the events 1439 causing or resulting in the adverse incident represent a 1440 potential risk to any other resident. The notification is 1441 confidential as provided by law and is not discoverable or 1442 admissible in any civil or administrative action, except in 1443 disciplinary proceedings by the agency or the appropriate 1444 regulatory board. The agency may investigate, as it deems 1445 appropriate, any such incident and prescribe measures that must 1446 or may be taken in response to the incident. The agency shall 1447 review each report incident and determine whether it potentially 1448 involved conduct by the health care professional who is subject 1449 to disciplinary action, in which case the provisions of s. 1450 456.073 shall apply. 1451 (8)(a) Each facility shall complete the investigation and 1452 submit an adverse incident report to the agency for each adverse 1453 incident within calendar days after its occurrence. If, after 1454 a complete investigation, the risk manager determines that the 1455 incident was not an adverse incident as defined in subsection 1456 (5), the facility shall include this information in the report. 1457 The agency shall develop a form for reporting this information. 1458 (b) The information reported to the agency pursuant to 1459 paragraph (a) which relates to persons licensed under chapter 1460 458, chapter 459, chapter 461, or chapter shall be reviewed 1461 by the agency. The agency shall determine whether any of the 1462 incidents potentially involved conduct by a health care 1463 professional who is subject to disciplinary action, in which 1464 case the provisions of s. 456.073 shall apply. 1465 (c) The report submitted to the agency must also contain 1466 the name of the risk manager of the facility. 1467 (d) The adverse incident report is confidential as 1468 provided by law and is not discoverable or admissible in any 1469 civil or administrative action, except in disciplinary 1470 proceedings by the agency or the appropriate regulatory board. 1471 (10) By the 10th of each month, each facility subject to 1472 this section shall report any notice received pursuant to s. 1473 400.0233(2) and each initial complaint that was filed with the 1474 clerk of the court and served on the facility during the 1475 previous month by a resident or a resident's family member, 1476 guardian, conservator, or personal legal representative. The 1477 report must include the name of the resident, the resident's 1478 date of birth and social security number, the Medicaid 1479 identification number for Medicaid-eligible persons, the date or 1480 dates of the incident leading to the claim or dates of 1481 residency, if applicable, and the type of injury or violation of 1482 rights alleged to have occurred. Each facility shall also submit 1483 a copy of the notices received pursuant to s. 400.0233(2) and 1484 complaints filed with the clerk of the court. This report is 1485 confidential as provided by law and is not discoverable or 1486 admissible in any civil or administrative action, except in such 1487 actions brought by the agency to enforce the provisions of this 1488 part. 1489 Section 35. Section 400.148, Florida Statutes, is 1490 repealed. 1491 Section 36. Paragraph (e) of subsection (2) of section 1492 400.179, Florida Statutes, is amended to read: 1493 400.179 Liability for Medicaid underpayments and 1494 overpayments.-1495 (2) Because any transfer of a nursing facility may expose 1496 the fact that Medicaid may have underpaid or overpaid the 1497 transferor, and because in most instances, any such underpayment 1498 or overpayment can only be determined following a formal field 1499 audit, the liabilities for any such underpayments or 1500 overpayments shall be as follows: 1501 (e) For the 2009-2010 fiscal year only, the provisions of 1502 paragraph (d) shall not apply. This paragraph expires July 1, 1503 2010. 1504 Section 37. Subsection (3) of section 400.19, Florida 1505 Statutes, is amended to read: 1506 400.19 Right of entry and inspection.-1507 (3) The agency shall every months conduct at least one 1508 unannounced inspection to determine compliance by the licensee 1509 with statutes, and with rules promulgated under the provisions 1510 of those statutes, governing minimum standards of construction, 1511 quality and adequacy of care, and rights of residents. The 1512 survey shall be conducted every months for the next 2-year 1513 period if the facility has been cited for a class I deficiency, 1514 has been cited for two or more class II deficiencies arising 1515 from separate surveys or investigations within a 60-day period, 1516 or has had three or more substantiated complaints within a 6-1517 month period, each resulting in at least one class I or class II 1518 deficiency. In addition to any other fees or fines in this part, 1519 the agency shall assess a fine for each facility that is subject 1520 to the 6-month survey cycle. The fine for the 2-year period 1521 shall be $6,000, one-half to be paid at the completion of each 1522 survey. The agency may adjust this fine by the change in the 1523 Consumer Price Index, based on the months immediately 1524 preceding the increase, to cover the cost of the additional 1525 surveys. The agency shall verify through subsequent inspection 1526 that any deficiency identified during inspection is corrected. 1527 However, the agency may verify the correction of a class III or 1528 class IV deficiency unrelated to resident rights or resident 1529 care without reinspecting the facility if adequate written 1530 documentation has been received from the facility, which 1531 provides assurance that the deficiency has been corrected. The 1532 giving or causing to be given of advance notice of such 1533 unannounced inspections by an employee of the agency to any 1534 unauthorized person shall constitute cause for suspension of not 1535 fewer than working days according to the provisions of chapter 1536 110. 1537 Section 38. Subsection (5) of section 400.23, Florida 1538 Statutes, is amended to read: 1539 400.23 Rules; evaluation and deficiencies; licensure 1540 status.-1541 (5) (a) The agency, in collaboration with the Division of 1542 Children's Medical Services Network of the Department of Health, 1543 must,no later than December 31, 1993, adopt rules for minimum 1544 standards of care for persons under years of age who reside 1545 in nursing home facilities. The rules must include a methodology 1546 for reviewing a nursing home facility under ss. 408.031-408.045 1547 which serves only persons under years of age. A facility may 1548 be exempt from these standards for specific persons between 1549 and years of age, if the person's physician agrees that 1550 minimum standards of care based on age are not necessary. 1551 (b) The agency, in collaboration with the Division of 1552 Children's Medical Services Network, shall adopt rules for 1553 minimum staffing requirements for nursing home facilities that 1554 serve persons under years of age, which shall apply in lieu 1555 of the standards contained in subsection (3). 1556 1. For persons under years of age who require skilled 1557 care, the requirements shall include a minimum combined average 1558 of licensed nurses, respiratory therapists, respiratory care 1559 practitioners, and certified nursing assistants of 3.9 hours of 1560 direct care per resident per day for each nursing home facility. 1561 2. For persons under years of age who are fragile, the 1562 requirements shall include a minimum combined average of 1563 licensed nurses, respiratory therapists, respiratory care 1564 practitioners, and certified nursing assistants of hours of 1565 direct care per resident per day for each nursing home facility. 1566 Section 39. Subsection (1) of section 400.275, Florida 1567 Statutes, is amended to read: 1568 400.275 Agency duties.-1569 (1) The agency shall ensure that each newly hired nursing 1570 home surveyor, as a part of basic training, is assigned full-1571 time to a licensed nursing home for at least days within a 7-1572 day period to observe facility operations outside of the survey 1573 process before the surveyor begins survey responsibilities. Such 1574 observations may not be the sole basis of a deficiency citation 1575 against the facility. The agency may not assign an individual to 1576 be a member of a survey team for purposes of a survey, 1577 evaluation, or consultation visit at a nursing home facility in 1578 which the surveyor was an employee within the preceding 1579 years. 1580 Section 40. Subsection (27) of section 400.462, Florida 1581 Statutes, is amended to read: 1582 400.462 Definitions.-As used in this part, the term: 1583 (27) "Remuneration" means any payment or other benefit 1584 made directly or indirectly, overtly or covertly, in cash or in 1585 kind. However, when the term is used in any provision of law 1586 relating to a health care provider, such term does not mean an 1587 item with an individual value of up to $15, including, but not 1588 limited to, plaques, certificates, trophies, or novelties that 1589 are intended solely for presentation or are customarily given 1590 away solely for promotional, recognition, or advertising 1591 purposes. 1592 Section 41. Subsection (2) of section 400.484, Florida 1593 Statutes, is amended to read: 1594 400.484 Right of inspection; violations deficiencies;1595 fines.-1596 (2) The agency shall impose fines for various classes of 1597 violations deficiencies in accordance with the following 1598 schedule: 1599 (a) Class I violations are defined in s. 408.813. A class 1600 I deficiency is any act, omission, or practice that results in a 1601 patient's death, disablement, or permanent injury, or places a 1602 patient at imminent risk of death, disablement, or permanent 1603 injury. Upon finding a class I violation deficiency,the agency 1604 shall impose an administrative fine in the amount of $15,000 for 1605 each occurrence and each day that the violation deficiency 1606 exists. 1607 (b) Class II violations are defined in s. 408.813. A class 1608 II deficiency is any act, omission, or practice that has a 1609 direct adverse effect on the health, safety, or security of a 1610 patient. Upon finding a class II violation deficiency,the 1611 agency shall impose an administrative fine in the amount of 1612 $5,000 for each occurrence and each day that the violation 1613 deficiency exists. 1614 (c) Class III violations are defined in s. 408.813. A 1615 class III deficiency is any act, omission, or practice that has 1616 an indirect, adverse effect on the health, safety, or security 1617 of a patient. Upon finding an uncorrected or repeated class III 1618 violation deficiency,the agency shall impose an administrative 1619 fine not to exceed $1,000 for each occurrence and each day that 1620 the uncorrected or repeated violation deficiency exists. 1621 (d) Class IV violations are defined in s. 408.813. A class 1622 IV deficiency is any act, omission, or practice related to 1623 required reports, forms, or documents which does not have the 1624 potential of negatively affecting patients. These violations are 1625 of a type that the agency determines do not threaten the health, 1626 safety, or security of patients. Upon finding an uncorrected or 1627 repeated class IV violation deficiency,the agency shall impose 1628 an administrative fine not to exceed $500 for each occurrence 1629 and each day that the uncorrected or repeated violation 1630 deficiency exists. 1631 Section 42. Subsections (16) and (17) of section 400.506, 1632 Florida Statutes, are renumbered as subsections (17) and (18), 1633 respectively, paragraph (a) of subsection (15) is amended, and a 1634 new subsection (16) is added to that section, to read: 1635 400.506 Licensure of nurse registries; requirements; 1636 penalties.-1637 (15)(a) The agency may deny, suspend, or revoke the 1638 license of a nurse registry and shall impose a fine of $5,000 1639 against a nurse registry that: 1640 1. Provides services to residents in an assisted living 1641 facility for which the nurse registry does not receive fair 1642 market value remuneration. 1643 2. Provides staffing to an assisted living facility for 1644 which the nurse registry does not receive fair market value 1645 remuneration. 1646 3. Fails to provide the agency, upon request, with copies 1647 of all contracts with assisted living facilities which were 1648 executed within the last years. 1649 4. Gives remuneration to a case manager, discharge 1650 planner, facility-based staff member, or third-party vendor who 1651 is involved in the discharge planning process of a facility 1652 licensed under chapter or this chapter and from whom the 1653 nurse registry receives referrals. A nurse registry is exempt 1654 from this subparagraph if it does not bill the Florida Medicaid 1655 program or the Medicare program or share a controlling interest 1656 with any entity licensed, registered, or certified under part II 1657 of chapter that bills the Florida Medicaid program or the 1658 Medicare program. 1659 5. Gives remuneration to a physician, a member of the 1660 physician's office staff, or an immediate family member of the 1661 physician, and the nurse registry received a patient referral in 1662 the last months from that physician or the physician's office 1663 staff. A nurse registry is exempt from this subparagraph if it 1664 does not bill the Florida Medicaid program or the Medicare 1665 program or share a controlling interest with any entity 1666 licensed, registered, or certified under part II of chapter 1667 that bills the Florida Medicaid program or the Medicare program. 1668 (16) An administrator may manage only one nurse registry, 1669 except that an administrator may manage up to five registries if 1670 all five registries have identical controlling interests as 1671 defined in s. 408.803 and are located within one agency 1672 geographic service area or within an immediately contiguous 1673 county. An administrator shall designate, in writing, for each 1674 licensed entity, a qualified alternate administrator to serve 1675 during the administrator's absence. 1676 Section 43. Subsection (1) of section 400.509, Florida 1677 Statutes, is amended to read: 1678 400.509 Registration of particular service providers 1679 exempt from licensure; certificate of registration; regulation 1680 of registrants.-1681 (1) Any organization that provides companion services or 1682 homemaker services and does not provide a home health service to 1683 a person is exempt from licensure under this part. However, any 1684 organization that provides companion services or homemaker 1685 services must register with the agency. An organization under 1686 contract with the Agency for Persons with Disabilities that 1687 provides companion services only for persons with a 1688 developmental disability, as defined in s. 393.063, are exempt 1689 from registration. 1690 Section 44. Paragraph (i) of subsection (1) and subsection 1691 (4) of section 400.606, Florida Statutes, are amended to read: 1692 400.606 License; application; renewal; conditional license 1693 or permit; certificate of need.-1694 (1) In addition to the requirements of part II of chapter 1695 408, the initial application and change of ownership application 1696 must be accompanied by a plan for the delivery of home, 1697 residential, and homelike inpatient hospice services to 1698 terminally ill persons and their families. Such plan must 1699 contain, but need not be limited to: 1700 (i) The projected annual operating cost of the hospice. 1701 If the applicant is an existing licensed health care provider, 1702 the application must be accompanied by a copy of the most recent 1703 profit-loss statement and, if applicable, the most recent 1704 licensure inspection report. 1705 (4) A freestanding hospice facility that is primarily 1706 engaged in providing inpatient and related services and that is 1707 not otherwise licensed as a health care facility shall be 1708 required to obtain a certificate of need. However, a 1709 freestanding hospice facility with six or fewer beds shall not 1710 be required to comply with institutional standards such as, but 1711 not limited to, standards requiring sprinkler systems, emergency 1712 electrical systems, or special lavatory devices. 1713 Section 45. Subsection (2) of section 400.607, Florida 1714 Statutes, is amended to read: 1715 400.607 Denial, suspension, revocation of license; 1716 emergency actions; imposition of administrative fine; grounds.-1717 (2) A violation of this part, part II of chapter 408, or 1718 applicable rules Any of the following actions by a licensed 1719 hospice or any of its employees shall be grounds for 1720 administrative action by the agency against a hospice.: 1721 (a) A violation of the provisions of this part, part II of 1722 chapter 408, or applicable rules. 1723 (b) An intentional or negligent act materially affecting 1724 the health or safety of a patient. 1725 Section 46. Section 400.915, Florida Statutes, is amended 1726 to read: 1727 400.915 Construction and renovation; requirements.-The 1728 requirements for the construction or renovation of a PPEC center 1729 shall comply with: 1730 (1) The provisions of chapter 553, which pertain to 1731 building construction standards, including plumbing, electrical 1732 code, glass, manufactured buildings, accessibility for the 1733 physically disabled; 1734 (2) The provisions of s. 633.022 and applicable rules 1735 pertaining to physical minimum standards for nonresidential 1736 child care physical facilities in rule 10M-12.003, Florida 1737 Administrative Code, Child Care Standards;and 1738 (3) The standards or rules adopted pursuant to this part 1739 and part II of chapter 408. 1740 Section 47. Subsection (1) of section 400.925, Florida 1741 Statutes, is amended to read: 1742 400.925 Definitions.-As used in this part, the term: 1743 (1) "Accrediting organizations" means the Joint Commission 1744 on Accreditation of Healthcare Organizations or other national 1745 accreditation agencies whose standards for accreditation are 1746 comparable to those required by this part for licensure. 1747 Section 48. Subsection (2) of section 400.931, Florida 1748 Statutes, is amended to read: 1749 400.931 Application for license; fee;provisional license; 1750 temporary permit.-1751 (2) An applicant for initial licensure, change of 1752 ownership, or renewal to operate a licensed home medical 1753 equipment provider at a location outside the state must submit 1754 documentation of accreditation or an application for 1755 accreditation from an accrediting organization that is 1756 recognized by the agency. An applicant that has applied for 1757 accreditation must provide proof of accreditation that is not 1758 conditional or provisional within days after the date the 1759 agency receives the application for licensure or the application 1760 shall be withdrawn from further consideration. Such 1761 accreditation must be maintained by the home medical equipment 1762 provider to maintain licensure. As an alternative to submitting 1763 proof of financial ability to operate as required in s. 1764 408.810(8), the applicant may submit a $50,000 surety bond to 1765 the agency. 1766 Section 49. Subsection (2) of section 400.932, Florida 1767 Statutes, is amended to read: 1768 400.932 Administrative penalties.-1769 (2) A violation of this part, part II of chapter 408, or 1770 applicable rules Any of the following actions by an employee of 1771 a home medical equipment provider shall be are grounds for 1772 administrative action or penalties by the agency.: 1773 (a) Violation of this part, part II of chapter 408, or 1774 applicable rules. 1775 (b) An intentional, reckless, or negligent act that 1776 materially affects the health or safety of a patient. 1777 Section 50. Subsection (3) of section 400.967, Florida 1778 Statutes, is amended to read: 1779 400.967 Rules and classification of violations 1780 deficiencies.-1781 (3) The agency shall adopt rules to provide that, when the 1782 criteria established under this part and part II of chapter 1783 are not met, such violations deficiencies shall be classified 1784 according to the nature of the violation deficiency.The agency 1785 shall indicate the classification on the face of the notice of 1786 deficiencies as follows: 1787 (a) Class I violations deficiencies are defined in s. 1788 408.813 those which the agency determines present an imminent 1789 danger to the residents or guests of the facility or a 1790 substantial probability that death or serious physical harm 1791 would result therefrom.The condition or practice constituting a 1792 class I violation must be abated or eliminated immediately, 1793 unless a fixed period of time, as determined by the agency, is 1794 required for correction. A class I violation deficiency is 1795 subject to a civil penalty in an amount not less than $5,000 and 1796 not exceeding $10,000 for each violation deficiency.A fine may 1797 be levied notwithstanding the correction of the violation 1798 deficiency.1799 (b) Class II violations deficiencies are defined in s. 1800 408.813 those which the agency determines have a direct or 1801 immediate relationship to the health, safety, or security of the 1802 facility residents, other than class I deficiencies.A class II 1803 violation deficiency is subject to a civil penalty in an amount 1804 not less than $1,000 and not exceeding $5,000 for each violation 1805 deficiency.A citation for a class II violation deficiency shall 1806 specify the time within which the violation deficiency must be 1807 corrected. If a class II violation deficiency is corrected 1808 within the time specified, no civil penalty shall be imposed, 1809 unless it is a repeated offense. 1810 (c) Class III violations deficiencies are defined in s. 1811 408.813 those which the agency determines to have an indirect or 1812 potential relationship to the health, safety, or security of the 1813 facility residents, other than class I or class II deficiencies.1814 A class III violation deficiency is subject to a civil penalty 1815 of not less than $500 and not exceeding $1,000 for each 1816 deficiency. A citation for a class III violation deficiency 1817 shall specify the time within which the violation deficiency 1818 must be corrected. If a class III violation deficiency is 1819 corrected within the time specified, no civil penalty shall be 1820 imposed, unless it is a repeated offense. 1821 (d) Class IV violations are defined in s. 408.813. Upon 1822 finding an uncorrected or repeated class IV violation, the 1823 agency shall impose an administrative fine not to exceed $500 1824 for each occurrence and each day that the uncorrected or 1825 repeated violation exists. 1826 Section 51. Subsections (4) and (7) of section 400.9905, 1827 Florida Statutes, are amended to read: 1828 400.9905 Definitions.-1829 (4) "Clinic" means an entity at which health care services 1830 are provided to individuals and which tenders charges for 1831 reimbursement for such services, including a mobile clinic and a 1832 portable health service or equipment provider. For purposes of 1833 this part, the term does not include and the licensure 1834 requirements of this part do not apply to: 1835 (a) Entities licensed or registered by the state under 1836 chapter 395; or entities licensed or registered by the state and 1837 providing only health care services within the scope of services 1838 authorized under their respective licenses granted under ss. 1839 383.30-383.335, chapter 390, chapter 394, chapter 397, this 1840 chapter except part X, chapter 429, chapter 463, chapter 465, 1841 chapter 466, chapter 478, part I of chapter 483, chapter 484, or 1842 chapter 651; end-stage renal disease providers authorized under 1843 C.F.R. part 405, subpart U; or providers certified under 1844 C.F.R. part 485, subpart Bor subpart H; or any entity that 1845 provides neonatal or pediatric hospital-based health care 1846 services or other health care services by licensed practitioners 1847 solely within a hospital licensed under chapter 395. 1848 (b) Entities that own, directly or indirectly, entities 1849 licensed or registered by the state pursuant to chapter 395; or 1850 entities that own, directly or indirectly, entities licensed or 1851 registered by the state and providing only health care services 1852 within the scope of services authorized pursuant to their 1853 respective licenses granted under ss. 383.30-383.335, chapter 1854 390, chapter 394, chapter 397, this chapter except part X, 1855 chapter 429, chapter 463, chapter 465, chapter 466, chapter 478, 1856 part I of chapter 483, chapter 484, chapter 651; end-stage renal 1857 disease providers authorized under C.F.R. part 405, subpart 1858 U; or providers certified under C.F.R. part 485, subpart Bor 1859 subpart H; or any entity that provides neonatal or pediatric 1860 hospital-based health care services by licensed practitioners 1861 solely within a hospital licensed under chapter 395. 1862 (c) Entities that are owned, directly or indirectly, by an 1863 entity licensed or registered by the state pursuant to chapter 1864 395; or entities that are owned, directly or indirectly, by an 1865 entity licensed or registered by the state and providing only 1866 health care services within the scope of services authorized 1867 pursuant to their respective licenses granted under ss. 383.30-1868 383.335, chapter 390, chapter 394, chapter 397, this chapter 1869 except part X, chapter 429, chapter 463, chapter 465, chapter 1870 466, chapter 478, part I of chapter 483, chapter 484, or chapter 1871 651; end-stage renal disease providers authorized under 1872 C.F.R. part 405, subpart U; or providers certified under 1873 C.F.R. part 485, subpart Bor subpart H; or any entity that 1874 provides neonatal or pediatric hospital-based health care 1875 services by licensed practitioners solely within a hospital 1876 under chapter 395. 1877 (d) Entities that are under common ownership, directly or 1878 indirectly, with an entity licensed or registered by the state 1879 pursuant to chapter 395; or entities that are under common 1880 ownership, directly or indirectly, with an entity licensed or 1881 registered by the state and providing only health care services 1882 within the scope of services authorized pursuant to their 1883 respective licenses granted under ss. 383.30-383.335, chapter 1884 390, chapter 394, chapter 397, this chapter except part X, 1885 chapter 429, chapter 463, chapter 465, chapter 466, chapter 478, 1886 part I of chapter 483, chapter 484, or chapter 651; end-stage 1887 renal disease providers authorized under C.F.R. part 405, 1888 subpart U; or providers certified under C.F.R. part 485, 1889 subpart Bor subpart H; or any entity that provides neonatal or 1890 pediatric hospital-based health care services by licensed 1891 practitioners solely within a hospital licensed under chapter 1892 395. 1893 (e) An entity that is exempt from federal taxation under 1894 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 1895 under U.S.C. s. that has a board of trustees not less 1896 than two-thirds of which are Florida-licensed health care 1897 practitioners and provides only physical therapy services under 1898 physician orders, any community college or university clinic, 1899 and any entity owned or operated by the federal or state 1900 government, including agencies, subdivisions, or municipalities 1901 thereof. 1902 (f) A sole proprietorship, group practice, partnership, or 1903 corporation that provides health care services by physicians 1904 covered by s. 627.419, that is directly supervised by one or 1905 more of such physicians, and that is wholly owned by one or more 1906 of those physicians or by a physician and the spouse, parent, 1907 child, or sibling of that physician. 1908 (g) A sole proprietorship, group practice, partnership, or 1909 corporation that provides health care services by licensed 1910 health care practitioners under chapter 457, chapter 458, 1911 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 1912 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 1913 chapter 490, chapter 491, or part I, part III, part X, part 1914 XIII, or part XIV of chapter 468, or s. 464.012, which are 1915 wholly owned by one or more licensed health care practitioners, 1916 or the licensed health care practitioners set forth in this 1917 paragraph and the spouse, parent, child, or sibling of a 1918 licensed health care practitioner, so long as one of the owners 1919 who is a licensed health care practitioner is supervising the 1920 business activities and is legally responsible for the entity's 1921 compliance with all federal and state laws. However, a health 1922 care practitioner may not supervise services beyond the scope of 1923 the practitioner's license, except that, for the purposes of 1924 this part, a clinic owned by a licensee in s. 456.053(3)(b) that 1925 provides only services authorized pursuant to s. 456.053(3)(b) 1926 may be supervised by a licensee specified in s. 456.053(3)(b). 1927 (h) Clinical facilities affiliated with an accredited 1928 medical school at which training is provided for medical 1929 students, residents, or fellows. 1930 (i) Entities that provide only oncology or radiation 1931 therapy services by physicians licensed under chapter or 1932 chapter or entities that provide oncology or radiation 1933 therapy services by physicians licensed under chapter or 1934 chapter which are owned by a corporation whose shares are 1935 publicly traded on a recognized stock exchange. 1936 (j) Clinical facilities affiliated with a college of 1937 chiropractic accredited by the Council on Chiropractic Education 1938 at which training is provided for chiropractic students. 1939 (k) Entities that provide licensed practitioners to staff 1940 emergency departments or to deliver anesthesia services in 1941 facilities licensed under chapter and that derive at least 1942 percent of their gross annual revenues from the provision of 1943 such services. Entities claiming an exemption from licensure 1944 under this paragraph must provide documentation demonstrating 1945 compliance. 1946 (l) Orthotic,or prosthetic,pediatric cardiology, or 1947 perinatology clinical facilities that are a publicly traded 1948 corporation or that are wholly owned, directly or indirectly, by 1949 a publicly traded corporation. As used in this paragraph, a 1950 publicly traded corporation is a corporation that issues 1951 securities traded on an exchange registered with the United 1952 States Securities and Exchange Commission as a national 1953 securities exchange. 1954 (m) Entities that are owned by a corporation that has $250 1955 million or more in total annual sales of health care services 1956 provided by licensed health care practitioners if one or more of 1957 the owners of the entity is a health care practitioner who is 1958 licensed in this state, is responsible for supervising the 1959 business activities of the entity, and is legally responsible 1960 for the entity's compliance with state law for purposes of this 1961 section. 1962 (n) Entities that are owned or controlled, directly or 1963 indirectly, by a publicly traded entity with $100 million or 1964 more, in the aggregate, in total annual revenues derived from 1965 providing health care services by licensed health care 1966 practitioners that are employed or contracted by an entity 1967 described in this paragraph. 1968 (o) Entities that employ or more health care 1969 practitioners licensed under chapter or chapter when the 1970 billing for medical services is under a single tax 1971 identification number. The application for exemption under this 1972 paragraph shall contain information that includes the name, 1973 residence address, business address, and phone number of the 1974 entity that owns the practice; a complete list of the names and 1975 contact information of all the officers and directors of the 1976 entity; the name, residence address, business address, and 1977 medical license number of each licensed Florida health care 1978 practitioner employed by the entity; the corporate tax 1979 identification number of the entity seeking an exemption; a 1980 listing of health care services to be provided by the entity at 1981 the health care clinics owned or operated by the entity and a 1982 certified statement prepared by an independent certified public 1983 accountant which states that the entity and the health care 1984 clinics owned or operated by the entity have not received 1985 payment for health care services under personal injury 1986 protection insurance coverage for the previous year. If the 1987 agency determines that an entity that is exempt under this 1988 paragraph has received payments for medical services under 1989 personal injury protection insurance coverage the agency may 1990 deny or revoke the exemption from licensure under this 1991 paragraph. 1992 (7) "Portable health service or equipment provider" means 1993 an entity that contracts with or employs persons to provide 1994 portable health services or equipment to multiple locations 1995 performing treatment or diagnostic testing of individuals,that 1996 bills third-party payors for those services, and that otherwise 1997 meets the definition of a clinic in subsection (4). 1998 Section 52. Paragraph (b) of subsection (1) and paragraph 1999 (c) of subsection (4) of section 400.991, Florida Statutes, are 2000 amended to read: 2001 400.991 License requirements; background screenings; 2002 prohibitions.-2003 (1) 2004 (b) Each mobile clinic must obtain a separate health care 2005 clinic license and must provide to the agency, at least 2006 quarterly, its projected street location to enable the agency to 2007 locate and inspect such clinic. A portable health service or 2008 equipment provider must obtain a health care clinic license for 2009 a single administrative office and is not required to submit 2010 quarterly projected street locations. 2011 (4) In addition to the requirements of part II of chapter 2012 408, the applicant must file with the application satisfactory 2013 proof that the clinic is in compliance with this part and 2014 applicable rules, including: 2015 (c) Proof of financial ability to operate as required 2016 under ss. s. 408.810(8) and 408.8065.As an alternative to 2017 submitting proof of financial ability to operate as required 2018 under s. 408.810(8), the applicant may file a surety bond of at 2019 least $500,000 which guarantees that the clinic will act in full 2020 conformity with all legal requirements for operating a clinic, 2021 payable to the agency. The agency may adopt rules to specify 2022 related requirements for such surety bond. 2023 Section 53. Paragraph (g) of subsection (1) and paragraph 2024 (a) of subsection (7) of section 400.9935, Florida Statutes, are 2025 amended to read: 2026 400.9935 Clinic responsibilities.-2027 (1) Each clinic shall appoint a medical director or clinic 2028 director who shall agree in writing to accept legal 2029 responsibility for the following activities on behalf of the 2030 clinic. The medical director or the clinic director shall: 2031 (g) Conduct systematic reviews of clinic billings to 2032 ensure that the billings are not fraudulent or unlawful. Upon 2033 discovery of an unlawful charge, the medical director or clinic 2034 director shall take immediate corrective action. If the clinic 2035 performs only the technical component of magnetic resonance 2036 imaging, static radiographs, computed tomography, or positron 2037 emission tomography, and provides the professional 2038 interpretation of such services, in a fixed facility that is 2039 accredited by the Joint Commission on Accreditation of 2040 Healthcare Organizations or the Accreditation Association for 2041 Ambulatory Health Care, and the American College of Radiology; 2042 and if, in the preceding quarter, the percentage of scans 2043 performed by that clinic which was billed to all personal injury 2044 protection insurance carriers was less than percent, the 2045 chief financial officer of the clinic may, in a written 2046 acknowledgment provided to the agency, assume the responsibility 2047 for the conduct of the systematic reviews of clinic billings to 2048 ensure that the billings are not fraudulent or unlawful. 2049 (7)(a) Each clinic engaged in magnetic resonance imaging 2050 services must be accredited by the Joint Commission on 2051 Accreditation of Healthcare Organizations,the American College 2052 of Radiology, or the Accreditation Association for Ambulatory 2053 Health Care, within year after licensure. A clinic that is 2054 accredited by the American College of Radiology or is within the 2055 original 1-year period after licensure and replaces its core 2056 magnetic resonance imaging equipment shall be given year after 2057 the date on which the equipment is replaced to attain 2058 accreditation. However, a clinic may request a single, 6-month 2059 extension if it provides evidence to the agency establishing 2060 that, for good cause shown, such clinic cannot be accredited 2061 within year after licensure, and that such accreditation will 2062 be completed within the 6-month extension. After obtaining 2063 accreditation as required by this subsection, each such clinic 2064 must maintain accreditation as a condition of renewal of its 2065 license. A clinic that files a change of ownership application 2066 must comply with the original accreditation timeframe 2067 requirements of the transferor. The agency shall deny a change 2068 of ownership application if the clinic is not in compliance with 2069 the accreditation requirements. When a clinic adds, replaces, or 2070 modifies magnetic resonance imaging equipment and the 2071 accreditation agency requires new accreditation, the clinic must 2072 be accredited within year after the date of the addition, 2073 replacement, or modification but may request a single, 6-month 2074 extension if the clinic provides evidence of good cause to the 2075 agency. 2076 Section 54. Paragraph (a) of subsection (2) of section 2077 408.033, Florida Statutes, is amended to read: 2078 408.033 Local and state health planning.-2079 (2) FUNDING.-2080 (a) The Legislature intends that the cost of local health 2081 councils be borne by assessments on selected health care 2082 facilities subject to facility licensure by the Agency for 2083 Health Care Administration, including abortion clinics, assisted 2084 living facilities, ambulatory surgical centers, birthing 2085 centers, clinical laboratories except community nonprofit blood 2086 banks and clinical laboratories operated by practitioners for 2087 exclusive use regulated under s. 483.035, home health agencies, 2088 hospices, hospitals, intermediate care facilities for the 2089 developmentally disabled, nursing homes, health care clinics, 2090 and multiphasic testing centers and by assessments on 2091 organizations subject to certification by the agency pursuant to 2092 chapter 641, part III, including health maintenance 2093 organizations and prepaid health clinics. Fees assessed may be 2094 collected prospectively at the time of licensure renewal and 2095 prorated for the licensure period. 2096 Section 55. Subsection (2) of section 408.034, Florida 2097 Statutes, is amended to read: 2098 408.034 Duties and responsibilities of agency; rules.-2099 (2) In the exercise of its authority to issue licenses to 2100 health care facilities and health service providers, as provided 2101 under chapters and and parts II,and IV,and VIII of 2102 chapter 400, the agency may not issue a license to any health 2103 care facility or health service provider that fails to receive a 2104 certificate of need or an exemption for the licensed facility or 2105 service. 2106 Section 56. Paragraph (d) of subsection (1) and paragraph 2107 (m) of subsection (3) of section 408.036, Florida Statutes, are 2108 amended to read: 2109 408.036 Projects subject to review; exemptions.-2110 (1) APPLICABILITY.-Unless exempt under subsection (3), all 2111 health-care-related projects, as described in paragraphs (a)-2112 (g), are subject to review and must file an application for a 2113 certificate of need with the agency. The agency is exclusively 2114 responsible for determining whether a health-care-related 2115 project is subject to review under ss. 408.031-408.045. 2116 (d) The establishment of a hospice or hospice inpatient 2117 facility,except as provided in s. 408.043.2118 (3) EXEMPTIONS.-Upon request, the following projects are 2119 subject to exemption from the provisions of subsection (1): 2120 (m)1. For the provision of adult open-heart services in a 2121 hospital located within the boundaries of a health service 2122 planning district, as defined in s. 408.032(5), which has 2123 experienced an annual net out-migration of at least open-2124 heart-surgery cases for consecutive years according to the 2125 most recent data reported to the agency, and the district's 2126 population per licensed and operational open-heart programs 2127 exceeds the state average of population per licensed and 2128 operational open-heart programs by at least percent. All 2129 hospitals within a health service planning district which meet 2130 the criteria reference in sub-subparagraphs 2.a.-h. shall be 2131 eligible for this exemption on July 1, 2004, and shall receive 2132 the exemption upon filing for it and subject to the following: 2133 a. A hospital that has received a notice of intent to 2134 grant a certificate of need or a final order of the agency 2135 granting a certificate of need for the establishment of an open-2136 heart-surgery program is entitled to receive a letter of 2137 exemption for the establishment of an adult open-heart-surgery 2138 program upon filing a request for exemption and complying with 2139 the criteria enumerated in sub-subparagraphs 2.a.-h., and is 2140 entitled to immediately commence operation of the program. 2141 b. An otherwise eligible hospital that has not received a 2142 notice of intent to grant a certificate of need or a final order 2143 of the agency granting a certificate of need for the 2144 establishment of an open-heart-surgery program is entitled to 2145 immediately receive a letter of exemption for the establishment 2146 of an adult open-heart-surgery program upon filing a request for 2147 exemption and complying with the criteria enumerated in sub-2148 subparagraphs 2.a.-h., but is not entitled to commence operation 2149 of its program until December 31, 2006. 2150 2. A hospital shall be exempt from the certificate-of-need 2151 review for the establishment of an open-heart-surgery program 2152 when the application for exemption submitted under this 2153 paragraph complies with the following criteria: 2154 a. The applicant must certify that it will meet and 2155 continuously maintain the minimum licensure requirements adopted 2156 by the agency governing adult open-heart programs, including the 2157 most current guidelines of the American College of Cardiology 2158 and American Heart Association Guidelines for Adult Open Heart 2159 Programs. 2160 b. The applicant must certify that it will maintain 2161 sufficient appropriate equipment and health personnel to ensure 2162 quality and safety. 2163 c. The applicant must certify that it will maintain 2164 appropriate times of operation and protocols to ensure 2165 availability and appropriate referrals in the event of 2166 emergencies. 2167 d. The applicant can demonstrate that it has discharged at 2168 least inpatients with a principal diagnosis of ischemic 2169 heart disease for the most recent 12-month period as reported to 2170 the agency. 2171 e. The applicant is a general acute care hospital that is 2172 in operation for years or more. 2173 f. The applicant is performing more than diagnostic 2174 cardiac catheterization procedures per year, combined inpatient 2175 and outpatient. 2176 g. The applicant's payor mix at a minimum reflects the 2177 community average for Medicaid, charity care, and self-pay 2178 patients or the applicant must certify that it will provide a 2179 minimum of percent of Medicaid, charity care, and self-pay to 2180 open-heart-surgery patients. 2181 h. If the applicant fails to meet the established criteria 2182 for open-heart programs or fails to reach surgeries per year 2183 by the end of its third year of operation, it must show cause 2184 why its exemption should not be revoked. 2185 3. By December 31, 2004, and annually thereafter, the 2186 agency shall submit a report to the Legislature providing 2187 information concerning the number of requests for exemption it 2188 has received under this paragraph during the calendar year and 2189 the number of exemptions it has granted or denied during the 2190 calendar year. 2191 Section 57. Paragraph (c) of subsection (1) of section 2192 408.037, Florida Statutes, is amended to read: 2193 408.037 Application content.-2194 (1) Except as provided in subsection (2) for a general 2195 hospital, an application for a certificate of need must contain: 2196 (c) An audited financial statement of the applicant or the 2197 applicant's parent corporation if audited financial statements 2198 of the applicant do not exist.In an application submitted by an 2199 existing health care facility, health maintenance organization, 2200 or hospice, financial condition documentation must include, but 2201 need not be limited to, a balance sheet and a profit-and-loss 2202 statement of the previous fiscal years' operation. 2203 Section 58. Subsection (2) of section 408.043, Florida 2204 Statutes, is amended to read: 2205 408.043 Special provisions.-2206 (2) HOSPICES.-When an application is made for a 2207 certificate of need to establish or to expand a hospice, the 2208 need for such hospice shall be determined on the basis of the 2209 need for and availability of hospice services in the community. 2210 The formula on which the certificate of need is based shall 2211 discourage regional monopolies and promote competition. The 2212 inpatient hospice care component of a hospice which is a 2213 freestanding facility, or a part of a facility, which is 2214 primarily engaged in providing inpatient care and related 2215 services and is not licensed as a health care facility shall 2216 also be required to obtain a certificate of need. Provision of 2217 hospice care by any current provider of health care is a 2218 significant change in service and therefore requires a 2219 certificate of need for such services. 2220 Section 59. Paragraph (k) of subsection (3) of section 2221 408.05, Florida Statutes, is amended to read: 2222 408.05 Florida Center for Health Information and Policy 2223 Analysis.-2224 (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.-In order to 2225 produce comparable and uniform health information and statistics 2226 for the development of policy recommendations, the agency shall 2227 perform the following functions: 2228 (k) Develop, in conjunction with the State Consumer Health 2229 Information and Policy Advisory Council, and implement a long-2230 range plan for making available health care quality measures and 2231 financial data that will allow consumers to compare health care 2232 services. The health care quality measures and financial data 2233 the agency must make available shall include, but is not limited 2234 to, pharmaceuticals, physicians, health care facilities, and 2235 health plans and managed care entities. The agency shall update 2236 the plan and report on the status of its implementation 2237 annually. The agency shall also make the plan and status report 2238 available to the public on its Internet website. As part of the 2239 plan, the agency shall identify the process and timeframes for 2240 implementation, any barriers to implementation, and 2241 recommendations of changes in the law that may be enacted by the 2242 Legislature to eliminate the barriers. As preliminary elements 2243 of the plan, the agency shall: 2244 1. Make available patient-safety indicators, inpatient 2245 quality indicators, and performance outcome and patient charge 2246 data collected from health care facilities pursuant to s. 2247 408.061(1)(a) and (2). The terms "patient-safety indicators" and 2248 "inpatient quality indicators" shall be as defined by the 2249 Centers for Medicare and Medicaid Services, the National Quality 2250 Forum, the Joint Commission on Accreditation of Healthcare 2251 Organizations,the Agency for Healthcare Research and Quality, 2252 the Centers for Disease Control and Prevention, or a similar 2253 national entity that establishes standards to measure the 2254 performance of health care providers, or by other states. The 2255 agency shall determine which conditions, procedures, health care 2256 quality measures, and patient charge data to disclose based upon 2257 input from the council. When determining which conditions and 2258 procedures are to be disclosed, the council and the agency shall 2259 consider variation in costs, variation in outcomes, and 2260 magnitude of variations and other relevant information. When 2261 determining which health care quality measures to disclose, the 2262 agency: 2263 a. Shall consider such factors as volume of cases; average 2264 patient charges; average length of stay; complication rates; 2265 mortality rates; and infection rates, among others, which shall 2266 be adjusted for case mix and severity, if applicable. 2267 b. May consider such additional measures that are adopted 2268 by the Centers for Medicare and Medicaid Studies, National 2269 Quality Forum, the Joint Commission on Accreditation of 2270 Healthcare Organizations,the Agency for Healthcare Research and 2271 Quality, Centers for Disease Control and Prevention, or a 2272 similar national entity that establishes standards to measure 2273 the performance of health care providers, or by other states. 2274 2275 When determining which patient charge data to disclose, the 2276 agency shall include such measures as the average of 2277 undiscounted charges on frequently performed procedures and 2278 preventive diagnostic procedures, the range of procedure charges 2279 from highest to lowest, average net revenue per adjusted patient 2280 day, average cost per adjusted patient day, and average cost per 2281 admission, among others. 2282 2. Make available performance measures, benefit design, 2283 and premium cost data from health plans licensed pursuant to 2284 chapter or chapter 641. The agency shall determine which 2285 health care quality measures and member and subscriber cost data 2286 to disclose, based upon input from the council. When determining 2287 which data to disclose, the agency shall consider information 2288 that may be required by either individual or group purchasers to 2289 assess the value of the product, which may include membership 2290 satisfaction, quality of care, current enrollment or membership, 2291 coverage areas, accreditation status, premium costs, plan costs, 2292 premium increases, range of benefits, copayments and 2293 deductibles, accuracy and speed of claims payment, credentials 2294 of physicians, number of providers, names of network providers, 2295 and hospitals in the network. Health plans shall make available 2296 to the agency any such data or information that is not currently 2297 reported to the agency or the office. 2298 3. Determine the method and format for public disclosure 2299 of data reported pursuant to this paragraph. The agency shall 2300 make its determination based upon input from the State Consumer 2301 Health Information and Policy Advisory Council. At a minimum, 2302 the data shall be made available on the agency's Internet 2303 website in a manner that allows consumers to conduct an 2304 interactive search that allows them to view and compare the 2305 information for specific providers. The website must include 2306 such additional information as is determined necessary to ensure 2307 that the website enhances informed decisionmaking among 2308 consumers and health care purchasers, which shall include, at a 2309 minimum, appropriate guidance on how to use the data and an 2310 explanation of why the data may vary from provider to provider. 2311 4. Publish on its website undiscounted charges for no 2312 fewer than of the most commonly performed adult and 2313 pediatric procedures, including outpatient, inpatient, 2314 diagnostic, and preventative procedures. 2315 Section 60. Paragraph (a) of subsection (1) of section 2316 408.061, Florida Statutes, is amended to read: 2317 408.061 Data collection; uniform systems of financial 2318 reporting; information relating to physician charges; 2319 confidential information; immunity.-2320 (1) The agency shall require the submission by health care 2321 facilities, health care providers, and health insurers of data 2322 necessary to carry out the agency's duties. Specifications for 2323 data to be collected under this section shall be developed by 2324 the agency with the assistance of technical advisory panels 2325 including representatives of affected entities, consumers, 2326 purchasers, and such other interested parties as may be 2327 determined by the agency. 2328 (a) Data submitted by health care facilities, including 2329 the facilities as defined in chapter 395, shall include, but are 2330 not limited to: case-mix data, patient admission and discharge 2331 data, hospital emergency department data which shall include the 2332 number of patients treated in the emergency department of a 2333 licensed hospital reported by patient acuity level, data on 2334 hospital-acquired infections as specified by rule, data on 2335 complications as specified by rule, data on readmissions as 2336 specified by rule, with patient and provider-specific 2337 identifiers included, actual charge data by diagnostic groups, 2338 financial data, accounting data, operating expenses, expenses 2339 incurred for rendering services to patients who cannot or do not 2340 pay, interest charges, depreciation expenses based on the 2341 expected useful life of the property and equipment involved, and 2342 demographic data. The agency shall adopt nationally recognized 2343 risk adjustment methodologies or software consistent with the 2344 standards of the Agency for Healthcare Research and Quality and 2345 as selected by the agency for all data submitted as required by 2346 this section. Data may be obtained from documents such as, but 2347 not limited to: leases, contracts, debt instruments, itemized 2348 patient bills, medical record abstracts, and related diagnostic 2349 information. Reported data elements shall be reported 2350 electronically and in accordance with rule 59E-7.012, Florida 2351 Administrative Code. Data submitted shall be certified by the 2352 chief executive officer or an appropriate and duly authorized 2353 representative or employee of the licensed facility that the 2354 information submitted is true and accurate. 2355 Section 61. Subsection (43) of section 408.07, Florida 2356 Statutes, is amended to read: 2357 408.07 Definitions.-As used in this chapter, with the 2358 exception of ss. 408.031-408.045, the term: 2359 (43) "Rural hospital" means an acute care hospital 2360 licensed under chapter 395, having or fewer licensed beds 2361 and an emergency room, and which is: 2362 (a) The sole provider within a county with a population 2363 density of no greater than persons per square mile; 2364 (b) An acute care hospital, in a county with a population 2365 density of no greater than persons per square mile, which is 2366 at least minutes of travel time, on normally traveled roads 2367 under normal traffic conditions, from another acute care 2368 hospital within the same county; 2369 (c) A hospital supported by a tax district or subdistrict 2370 whose boundaries encompass a population of persons or fewer 2371 per square mile; 2372 (d) A hospital with a service area that has a population 2373 of persons or fewer per square mile. As used in this 2374 paragraph, the term "service area" means the fewest number of 2375 zip codes that account for percent of the hospital's 2376 discharges for the most recent 5-year period, based on 2377 information available from the hospital inpatient discharge 2378 database in the Florida Center for Health Information and Policy 2379 Analysis at the Agency for Health Care Administration; or 2380 (e) A critical access hospital. 2381 2382 Population densities used in this subsection must be based upon 2383 the most recently completed United States census. A hospital 2384 that received funds under s. 409.9116 for a quarter beginning no 2385 later than July 1, 2002, is deemed to have been and shall 2386 continue to be a rural hospital from that date through June 30, 2387 2015, if the hospital continues to have or fewer licensed 2388 beds and an emergency room,or meets the criteria of s. 2389 395.602(2)(e)4.An acute care hospital that has not previously 2390 been designated as a rural hospital and that meets the criteria 2391 of this subsection shall be granted such designation upon 2392 application, including supporting documentation, to the Agency 2393 for Health Care Administration. 2394 Section 62. Section 408.10, Florida Statutes, is amended 2395 to read: 2396 408.10 Consumer complaints.-The agency shall:2397 (1) publish and make available to the public a toll-free 2398 telephone number for the purpose of handling consumer complaints 2399 and shall serve as a liaison between consumer entities and other 2400 private entities and governmental entities for the disposition 2401 of problems identified by consumers of health care. 2402 (2) Be empowered to investigate consumer complaints 2403 relating to problems with health care facilities' billing 2404 practices and issue reports to be made public in any cases where 2405 the agency determines the health care facility has engaged in 2406 billing practices which are unreasonable and unfair to the 2407 consumer. 2408 Section 63. Subsections (12) through (30) of section 2409 408.802, Florida Statutes, are renumbered as subsections (11) 2410 through (29), respectively, and present subsection (11) of that 2411 section is amended to read: 2412 408.802 Applicability.-The provisions of this part apply 2413 to the provision of services that require licensure as defined 2414 in this part and to the following entities licensed, registered, 2415 or certified by the agency, as described in chapters 112, 383, 2416 390, 394, 395, 400, 429, 440, 483, and 765: 2417 (11) Private review agents, as provided under part I of 2418 chapter 395. 2419 Section 64. Subsection (3) is added to section 408.804, 2420 Florida Statutes, to read: 2421 408.804 License required; display.-2422 (3) Any person who knowingly alters, defaces, or falsifies 2423 a license certificate issued by the agency, or causes or 2424 procures any person to commit such an offense, commits a 2425 misdemeanor of the second degree, punishable as provided in s. 2426 775.082 or s775.083. Any licensee or provider who displays an 2427 altered, defaced, or falsified license certificate is subject to 2428 the penalties set forth in s. 408.815 and an administrative fine 2429 of $1,000 for each day of illegal display. 2430 Section 65. Paragraph (d) of subsection (2) of section 2431 408.806, Florida Statutes, is amended, and paragraph (e) is 2432 added to that subsection, to read: 2433 408.806 License application process.-2434 (2) 2435 (d) The agency shall notify the licensee by mail or 2436 electronically at least days before the expiration of a 2437 license that a renewal license is necessary to continue 2438 operation. The licensee's failure to timely file submit a 2439 renewal application and license application fee with the agency 2440 shall result in a $50 per day late fee charged to the licensee 2441 by the agency; however, the aggregate amount of the late fee may 2442 not exceed percent of the licensure fee or $500, whichever is 2443 less. The agency shall provide a courtesy notice to the licensee 2444 by United States mail, electronically, or by any other manner at 2445 its address of record or mailing address, if provided, at least 2446 days prior to the expiration of a license informing the 2447 licensee of the expiration of the license. If the licensee does 2448 not receive the courtesy notice, the licensee continues to be 2449 legally obligated to timely file the renewal application and 2450 license application fee with the agency and is not excused from 2451 the payment of a late fee. If an application is received after 2452 the required filing date and exhibits a hand-canceled postmark 2453 obtained from a United States post office dated on or before the 2454 required filing date, no fine will be levied. 2455 (e) The applicant must pay the late fee before a late 2456 application is considered complete and failure to pay the late 2457 fee is considered an omission from the application for licensure 2458 pursuant to paragraph (3)(b). 2459 Section 66. Paragraph (b) of subsection (1) of section 2460 408.8065, Florida Statutes, is amended to read: 2461 408.8065 Additional licensure requirements for home health 2462 agencies, home medical equipment providers, and health care 2463 clinics.-2464 (1) An applicant for initial licensure, or initial 2465 licensure due to a change of ownership, as a home health agency, 2466 home medical equipment provider, or health care clinic shall: 2467 (b) Submit projected pro forma financial statements, 2468 including a balance sheet, income and expense statement, and a 2469 statement of cash flows for the first years of operation which 2470 provide evidence that the applicant has sufficient assets, 2471 credit, and projected revenues to cover liabilities and 2472 expenses. 2473 2474 All documents required under this subsection must be prepared in 2475 accordance with generally accepted accounting principles and may 2476 be in a compilation form. The financial statements must be 2477 signed by a certified public accountant. 2478 Section 67. Subsections (5) through (8) of section 2479 408.809, Florida Statutes are renumbered as subsections (6) 2480 through (9), respectively, and subsection (4) of that section is 2481 amended to read: 2482 408.809 Background screening; prohibited offenses.-2483 (4) In addition to the offenses listed in s. 435.04, all 2484 persons required to undergo background screening pursuant to 2485 this part or authorizing statutes must not have an arrest 2486 awaiting final disposition for, must not have been found guilty 2487 of, regardless of adjudication, or entered a plea of nolo 2488 contendere or guilty to, and must not have been adjudicated 2489 delinquent and the record not have been sealed or expunged for 2490 any of the following offenses or any similar offense of another 2491 jurisdiction: 2492 (a) Any authorizing statutes, if the offense was a felony. 2493 (b) This chapter, if the offense was a felony. 2494 (c) Section 409.920, relating to Medicaid provider fraud. 2495 (d) Section 409.9201, relating to Medicaid fraud. 2496 (e) Section 741.28, relating to domestic violence. 2497 (f) Section 817.034, relating to fraudulent acts through 2498 mail, wire, radio, electromagnetic, photoelectronic, or 2499 photooptical systems. 2500 (g) Section 817.234, relating to false and fraudulent 2501 insurance claims. 2502 (h) Section 817.505, relating to patient brokering. 2503 (i) Section 817.568, relating to criminal use of personal 2504 identification information. 2505 (j) Section 817.60, relating to obtaining a credit card 2506 through fraudulent means. 2507 (k) Section 817.61, relating to fraudulent use of credit 2508 cards, if the offense was a felony. 2509 (l) Section 831.01, relating to forgery. 2510 (m) Section 831.02, relating to uttering forged 2511 instruments. 2512 (n) Section 831.07, relating to forging bank bills, 2513 checks, drafts, or promissory notes. 2514 (o) Section 831.09, relating to uttering forged bank 2515 bills, checks, drafts, or promissory notes. 2516 (p) Section 831.30, relating to fraud in obtaining 2517 medicinal drugs. 2518 (q) Section 831.31, relating to the sale, manufacture, 2519 delivery, or possession with the intent to sell, manufacture, or 2520 deliver any counterfeit controlled substance, if the offense was 2521 a felony. 2522 (5) A person who serves as a controlling interest of, is 2523 employed by, or contracts with a licensee on July 31, 2010, who 2524 has been screened and qualified according to standards specified 2525 in s. 435.03 or s. 435.04 must be rescreened by July 31, 2015,2526 in accordance with the schedule provided in paragraphs (a)-(c).2527 The agency may adopt rules to establish a schedule to stagger 2528 the implementation of the required rescreening over the 5-year 2529 period, beginning July 31, 2010, through July 31, 2015. If, upon 2530 rescreening, such person has a disqualifying offense that was 2531 not a disqualifying offense at the time of the last screening, 2532 but is a current disqualifying offense and was committed before 2533 the last screening, he or she may apply for an exemption from 2534 the appropriate licensing agency and, if agreed to by the 2535 employer, may continue to perform his or her duties until the 2536 licensing agency renders a decision on the application for 2537 exemption if the person is eligible to apply for an exemption 2538 and the exemption request is received by the agency within 2539 days after receipt of the rescreening results by the person. The 2540 rescreening schedule shall be: 2541 (a) Individuals whose last screening was conducted before 2542 December 31, 2003, must be rescreened by July 31, 2013. 2543 (b) Individuals whose last screening was conducted between 2544 January 1, 2004, through December 31, 2007, must be rescreened 2545 by July 31, 2014. 2546 (c) Individuals whose last screening was conducted between 2547 January 1, 2008, through July 31, 2010, must be rescreened by 2548 July 31, 2015. 2549 Section 68. Subsection (9) of section 408.810, Florida 2550 Statutes, is amended to read: 2551 408.810 Minimum licensure requirements.-In addition to the 2552 licensure requirements specified in this part, authorizing 2553 statutes, and applicable rules, each applicant and licensee must 2554 comply with the requirements of this section in order to obtain 2555 and maintain a license. 2556 (9) A controlling interest may not withhold from the 2557 agency any evidence of financial instability, including, but not 2558 limited to, checks returned due to insufficient funds, 2559 delinquent accounts, nonpayment of withholding taxes, unpaid 2560 utility expenses, nonpayment for essential services, or adverse 2561 court action concerning the financial viability of the provider 2562 or any other provider licensed under this part that is under the 2563 control of the controlling interest. A controlling interest 2564 shall notify the agency within days after a court action to 2565 initiate bankruptcy, foreclosure, or eviction proceedings 2566 concerning the provider in which the controlling interest is a 2567 petitioner or defendant. Any person who violates this subsection 2568 commits a misdemeanor of the second degree, punishable as 2569 provided in s. 775.082 or s. 775.083. Each day of continuing 2570 violation is a separate offense. 2571 Section 69. Subsection (3) is added to section 408.813, 2572 Florida Statutes, to read: 2573 408.813 Administrative fines; violations.-As a penalty for 2574 any violation of this part, authorizing statutes, or applicable 2575 rules, the agency may impose an administrative fine. 2576 (3) The agency may impose an administrative fine for a 2577 violation that is not designated as a class I, class II, class 2578 III, or class IV violation. Unless otherwise specified by law, 2579 the amount of the fine shall not exceed $500 for each violation. 2580 Unclassified violations may include: 2581 (a) Violating any term or condition of a license. 2582 (b) Violating any provision of this part, authorizing 2583 statutes, or applicable rules. 2584 (c) Exceeding licensed capacity. 2585 (d) Providing services beyond the scope of the license. 2586 (e) Violating a moratorium imposed pursuant to s. 408.814. 2587 Section 70. Subsection (4) of section 408.815, Florida 2588 Statutes, is amended, and subsections (5) and (6) are added to 2589 that section, to read: 2590 408.815 License or application denial; revocation.-2591 (4) Unless an applicant is determined by the agency to 2592 satisfy the provisions of subsection (5) for the action in 2593 question, the agency shall deny an application for a license or 2594 license renewal based upon any of the following actions of an 2595 applicant, a controlling interest of the applicant, or any 2596 entity in which a controlling interest of the applicant was an 2597 owner or officer when the following actions occurred In addition 2598 to the grounds provided in authorizing statutes, the agency 2599 shall deny an application for a license or license renewal if 2600 the applicant or a person having a controlling interest in an 2601 applicant has been:2602 (a) Conviction Convicted of,or enters a plea of guilty or 2603 nolo contendere to, regardless of adjudication, a felony under 2604 chapter 409, chapter 817, chapter 893, U.S.C. ss. 801-970, or 2605 U.S.C. ss. 1395-1396, Medicare fraud, Medicaid fraud, or 2606 insurance fraud, unless the sentence and any subsequent period 2607 of probation for such convictions or plea ended more than 2608 years prior to the date of the application; 2609 (b) Termination Terminated for cause from the Medicare 2610 program or a state Florida Medicaid program pursuant to s. 2611 409.913,unless the applicant has been in good standing with the 2612 Medicare program or a state Florida Medicaid program for the 2613 most recent years and the termination occurred at least 2614 years before the date of the application.;or 2615 (c) Terminated for cause, pursuant to the appeals 2616 procedures established by the state or Federal Government, from 2617 the federal Medicare program or from any other state Medicaid 2618 program, unless the applicant has been in good standing with a 2619 state Medicaid program or the federal Medicare program for the 2620 most recent years and the termination occurred at least 2621 years prior to the date of the application. 2622 (5) For any application subject to denial under subsection 2623 (4), the agency may consider mitigating circumstances, as 2624 applicable, including, but not limited to: 2625 (a) Completion or lawful release from confinement, 2626 supervision, or sanction, including any terms of probation, and 2627 full restitution; 2628 (b) Execution of a compliance plan with the agency; 2629 (c) Compliance with any integrity agreement or compliance 2630 plan with any other government agency; 2631 (d) Determination by the Medicare program or a state 2632 Medicaid program that the controlling interest or entity in 2633 which the controlling interest was an owner or officer is 2634 currently allowed to participate in the Medicare program or a 2635 state Medicaid program, either directly as a provider or 2636 indirectly as an owner or officer of a provider entity; 2637 (e) Continuation of licensure by the controlling interest 2638 or entity in which the controlling interest was an owner or 2639 officer, either directly as a licensee or indirectly as an owner 2640 or officer of a licensed entity in the state where the action 2641 occurred; 2642 (f) Overall impact upon the public health, safety, or 2643 welfare; or 2644 (g) Determination that license denial is not commensurate 2645 with the prior action taken by the Medicare program or a state 2646 Medicaid program. 2647 2648 After considering the circumstances set forth in this 2649 subsection, the agency shall grant the license, with or without 2650 conditions, grant a provisional license for a period of no more 2651 than the licensure cycle, with or without conditions, or deny 2652 the license. 2653 (6) In order to ensure the health, safety, and welfare of 2654 clients when a license has been denied, revoked, or is set to 2655 terminate, the agency may extend the license expiration date for 2656 a period of up to days for the sole purpose of allowing the 2657 safe and orderly discharge of clients. The agency may impose 2658 conditions on the extension, including, but not limited to, 2659 prohibiting or limiting admissions, expedited discharge 2660 planning, required status reports, and mandatory monitoring by 2661 the agency or third parties. When imposing these conditions, the 2662 agency shall take into consideration the nature and number of 2663 clients, the availability and location of acceptable alternative 2664 placements, and the ability of the licensee to continue 2665 providing care to the clients. The agency may terminate the 2666 extension or modify the conditions at any time. This authority 2667 is in addition to any other authority granted to the agency 2668 under chapter 120, this part, and authorizing statutes but 2669 creates no right or entitlement to an extension of a license 2670 expiration date. 2671 Section 71. Paragraph (c) of subsection (4) of section 2672 409.212, Florida Statutes, is amended to read: 2673 409.212 Optional supplementation.-2674 (4) In addition to the amount of optional supplementation 2675 provided by the state, a person may receive additional 2676 supplementation from third parties to contribute to his or her 2677 cost of care. Additional supplementation may be provided under 2678 the following conditions: 2679 (c) The additional supplementation shall not exceed three 2680 two times the provider rate recognized under the optional state 2681 supplementation program. 2682 Section 72. Subsection (1) of section 409.91196, Florida 2683 Statutes, is amended to read: 2684 409.91196 Supplemental rebate agreements; public records 2685 and public meetings exemption.-2686 (1) The rebate amount, percent of rebate, manufacturer's 2687 pricing, and supplemental rebate, and other trade secrets as 2688 defined in s. 688.002 that the agency has identified for use in 2689 negotiations, held by the Agency for Health Care Administration 2690 under s. 409.912(39)(a) 8. 7. are confidential and exempt from s. 2691 119.07(1) and s. 24(a), Art. I of the State Constitution. 2692 Section 73. Paragraph (a) of subsection (39) of section 2693 409.912, Florida Statutes, is amended to read: 2694 409.912 Cost-effective purchasing of health care.-The 2695 agency shall purchase goods and services for Medicaid recipients 2696 in the most cost-effective manner consistent with the delivery 2697 of quality medical care. To ensure that medical services are 2698 effectively utilized, the agency may, in any case, require a 2699 confirmation or second physician's opinion of the correct 2700 diagnosis for purposes of authorizing future services under the 2701 Medicaid program. This section does not restrict access to 2702 emergency services or poststabilization care services as defined 2703 in C.F.R. part 438.114. Such confirmation or second opinion 2704 shall be rendered in a manner approved by the agency. The agency 2705 shall maximize the use of prepaid per capita and prepaid 2706 aggregate fixed-sum basis services when appropriate and other 2707 alternative service delivery and reimbursement methodologies, 2708 including competitive bidding pursuant to s. 287.057, designed 2709 to facilitate the cost-effective purchase of a case-managed 2710 continuum of care. The agency shall also require providers to 2711 minimize the exposure of recipients to the need for acute 2712 inpatient, custodial, and other institutional care and the 2713 inappropriate or unnecessary use of high-cost services. The 2714 agency shall contract with a vendor to monitor and evaluate the 2715 clinical practice patterns of providers in order to identify 2716 trends that are outside the normal practice patterns of a 2717 provider's professional peers or the national guidelines of a 2718 provider's professional association. The vendor must be able to 2719 provide information and counseling to a provider whose practice 2720 patterns are outside the norms, in consultation with the agency, 2721 to improve patient care and reduce inappropriate utilization. 2722 The agency may mandate prior authorization, drug therapy 2723 management, or disease management participation for certain 2724 populations of Medicaid beneficiaries, certain drug classes, or 2725 particular drugs to prevent fraud, abuse, overuse, and possible 2726 dangerous drug interactions. The Pharmaceutical and Therapeutics 2727 Committee shall make recommendations to the agency on drugs for 2728 which prior authorization is required. The agency shall inform 2729 the Pharmaceutical and Therapeutics Committee of its decisions 2730 regarding drugs subject to prior authorization. The agency is 2731 authorized to limit the entities it contracts with or enrolls as 2732 Medicaid providers by developing a provider network through 2733 provider credentialing. The agency may competitively bid single-2734 source-provider contracts if procurement of goods or services 2735 results in demonstrated cost savings to the state without 2736 limiting access to care. The agency may limit its network based 2737 on the assessment of beneficiary access to care, provider 2738 availability, provider quality standards, time and distance 2739 standards for access to care, the cultural competence of the 2740 provider network, demographic characteristics of Medicaid 2741 beneficiaries, practice and provider-to-beneficiary standards, 2742 appointment wait times, beneficiary use of services, provider 2743 turnover, provider profiling, provider licensure history, 2744 previous program integrity investigations and findings, peer 2745 review, provider Medicaid policy and billing compliance records, 2746 clinical and medical record audits, and other factors. Providers 2747 shall not be entitled to enrollment in the Medicaid provider 2748 network. The agency shall determine instances in which allowing 2749 Medicaid beneficiaries to purchase durable medical equipment and 2750 other goods is less expensive to the Medicaid program than long-2751 term rental of the equipment or goods. The agency may establish 2752 rules to facilitate purchases in lieu of long-term rentals in 2753 order to protect against fraud and abuse in the Medicaid program 2754 as defined in s. 409.913. The agency may seek federal waivers 2755 necessary to administer these policies. 2756 (39)(a) The agency shall implement a Medicaid prescribed-2757 drug spending-control program that includes the following 2758 components: 2759 1. A Medicaid preferred drug list, which shall be a 2760 listing of cost-effective therapeutic options recommended by the 2761 Medicaid Pharmacy and Therapeutics Committee established 2762 pursuant to s. 409.91195 and adopted by the agency for each 2763 therapeutic class on the preferred drug list. At the discretion 2764 of the committee, and when feasible, the preferred drug list 2765 should include at least two products in a therapeutic class. The 2766 agency may post the preferred drug list and updates to the 2767 preferred drug list on an Internet website without following the 2768 rulemaking procedures of chapter 120. Antiretroviral agents are 2769 excluded from the preferred drug list. The agency shall also 2770 limit the amount of a prescribed drug dispensed to no more than 2771 a 34-day supply unless the drug products' smallest marketed 2772 package is greater than a 34-day supply, or the drug is 2773 determined by the agency to be a maintenance drug in which case 2774 a 100-day maximum supply may be authorized. The agency is 2775 authorized to seek any federal waivers necessary to implement 2776 these cost-control programs and to continue participation in the 2777 federal Medicaid rebate program, or alternatively to negotiate 2778 state-only manufacturer rebates. The agency may adopt rules to 2779 implement this subparagraph. The agency shall continue to 2780 provide unlimited contraceptive drugs and items. The agency must 2781 establish procedures to ensure that: 2782 a. There is a response to a request for prior consultation 2783 by telephone or other telecommunication device within hours 2784 after receipt of a request for prior consultation; and 2785 b. A 72-hour supply of the drug prescribed is provided in 2786 an emergency or when the agency does not provide a response 2787 within hours as required by sub-subparagraph a. 2788 2. Reimbursement to pharmacies for Medicaid prescribed 2789 drugs shall be set at the lesser of: the average wholesale price 2790 (AWP) minus 16.4 percent, the wholesaler acquisition cost (WAC) 2791 plus 4.75 percent, the federal upper limit (FUL), the state 2792 maximum allowable cost (SMAC), or the usual and customary (UAC) 2793 charge billed by the provider. 2794 3. For a prescribed drug billed as a 340B prescribed 2795 medication rendered to all Medicaid-eligible individuals, 2796 including claims for cost sharing for which the agency is 2797 responsible, the claim must meet the requirements of the Deficit 2798 Reduction Act of 2005 and the federal 340B program and contain a 2799 national drug code. 2800 4. 3. The agency shall develop and implement a process for 2801 managing the drug therapies of Medicaid recipients who are using 2802 significant numbers of prescribed drugs each month. The 2803 management process may include, but is not limited to, 2804 comprehensive, physician-directed medical-record reviews, claims 2805 analyses, and case evaluations to determine the medical 2806 necessity and appropriateness of a patient's treatment plan and 2807 drug therapies. The agency may contract with a private 2808 organization to provide drug-program-management services. The 2809 Medicaid drug benefit management program shall include 2810 initiatives to manage drug therapies for HIV/AIDS patients, 2811 patients using or more unique prescriptions in a 180-day 2812 period, and the top 1,000 patients in annual spending. The 2813 agency shall enroll any Medicaid recipient in the drug benefit 2814 management program if he or she meets the specifications of this 2815 provision and is not enrolled in a Medicaid health maintenance 2816 organization. 2817 5. 4. The agency may limit the size of its pharmacy network 2818 based on need, competitive bidding, price negotiations, 2819 credentialing, or similar criteria. The agency shall give 2820 special consideration to rural areas in determining the size and 2821 location of pharmacies included in the Medicaid pharmacy 2822 network. A pharmacy credentialing process may include criteria 2823 such as a pharmacy's full-service status, location, size, 2824 patient educational programs, patient consultation, disease 2825 management services, and other characteristics. The agency may 2826 impose a moratorium on Medicaid pharmacy enrollment when it is 2827 determined that it has a sufficient number of Medicaid-2828 participating providers. The agency must allow dispensing 2829 practitioners to participate as a part of the Medicaid pharmacy 2830 network regardless of the practitioner's proximity to any other 2831 entity that is dispensing prescription drugs under the Medicaid 2832 program. A dispensing practitioner must meet all credentialing 2833 requirements applicable to his or her practice, as determined by 2834 the agency. 2835 6. 5. The agency shall develop and implement a program that 2836 requires Medicaid practitioners who prescribe drugs to use a 2837 counterfeit-proof prescription pad for Medicaid prescriptions. 2838 The agency shall require the use of standardized counterfeit-2839 proof prescription pads by Medicaid-participating prescribers or 2840 prescribers who write prescriptions for Medicaid recipients. The 2841 agency may implement the program in targeted geographic areas or 2842 statewide. 2843 7. 6. The agency may enter into arrangements that require 2844 manufacturers of generic drugs prescribed to Medicaid recipients 2845 to provide rebates of at least 15.1 percent of the average 2846 manufacturer price for the manufacturer's generic products. 2847 These arrangements shall require that if a generic-drug 2848 manufacturer pays federal rebates for Medicaid-reimbursed drugs 2849 at a level below 15.1 percent, the manufacturer must provide a 2850 supplemental rebate to the state in an amount necessary to 2851 achieve a 15.1-percent rebate level. 2852 8. 7. The agency may establish a preferred drug list as 2853 described in this subsection, and, pursuant to the establishment 2854 of such preferred drug list, it is authorized to negotiate 2855 supplemental rebates from manufacturers that are in addition to 2856 those required by Title XIX of the Social Security Act and at no 2857 less than percent of the average manufacturer price as 2858 defined in U.S.C. s. 1936 on the last day of a quarter unless 2859 the federal or supplemental rebate, or both, equals or exceeds 2860 percent. There is no upper limit on the supplemental rebates 2861 the agency may negotiate. The agency may determine that specific 2862 products, brand-name or generic, are competitive at lower rebate 2863 percentages. Agreement to pay the minimum supplemental rebate 2864 percentage will guarantee a manufacturer that the Medicaid 2865 Pharmaceutical and Therapeutics Committee will consider a 2866 product for inclusion on the preferred drug list. However, a 2867 pharmaceutical manufacturer is not guaranteed placement on the 2868 preferred drug list by simply paying the minimum supplemental 2869 rebate. Agency decisions will be made on the clinical efficacy 2870 of a drug and recommendations of the Medicaid Pharmaceutical and 2871 Therapeutics Committee, as well as the price of competing 2872 products minus federal and state rebates. The agency is 2873 authorized to contract with an outside agency or contractor to 2874 conduct negotiations for supplemental rebates. For the purposes 2875 of this section, the term "supplemental rebates" means cash 2876 rebates. Effective July 1, 2004, value-added programs as a 2877 substitution for supplemental rebates are prohibited. The agency 2878 is authorized to seek any federal waivers to implement this 2879 initiative. 2880 9. 8. The Agency for Health Care Administration shall 2881 expand home delivery of pharmacy products. To assist Medicaid 2882 patients in securing their prescriptions and reduce program 2883 costs, the agency shall expand its current mail-order-pharmacy 2884 diabetes-supply program to include all generic and brand-name 2885 drugs used by Medicaid patients with diabetes. Medicaid 2886 recipients in the current program may obtain nondiabetes drugs 2887 on a voluntary basis. This initiative is limited to the 2888 geographic area covered by the current contract. The agency may 2889 seek and implement any federal waivers necessary to implement 2890 this subparagraph. 2891 10. 9. The agency shall limit to one dose per month any 2892 drug prescribed to treat erectile dysfunction. 2893 11. 10. a. The agency may implement a Medicaid behavioral 2894 drug management system. The agency may contract with a vendor 2895 that has experience in operating behavioral drug management 2896 systems to implement this program. The agency is authorized to 2897 seek federal waivers to implement this program. 2898 b. The agency, in conjunction with the Department of 2899 Children and Family Services, may implement the Medicaid 2900 behavioral drug management system that is designed to improve 2901 the quality of care and behavioral health prescribing practices 2902 based on best practice guidelines, improve patient adherence to 2903 medication plans, reduce clinical risk, and lower prescribed 2904 drug costs and the rate of inappropriate spending on Medicaid 2905 behavioral drugs. The program may include the following 2906 elements: 2907 (I) Provide for the development and adoption of best 2908 practice guidelines for behavioral health-related drugs such as 2909 antipsychotics, antidepressants, and medications for treating 2910 bipolar disorders and other behavioral conditions; translate 2911 them into practice; review behavioral health prescribers and 2912 compare their prescribing patterns to a number of indicators 2913 that are based on national standards; and determine deviations 2914 from best practice guidelines. 2915 (II) Implement processes for providing feedback to and 2916 educating prescribers using best practice educational materials 2917 and peer-to-peer consultation. 2918 (III) Assess Medicaid beneficiaries who are outliers in 2919 their use of behavioral health drugs with regard to the numbers 2920 and types of drugs taken, drug dosages, combination drug 2921 therapies, and other indicators of improper use of behavioral 2922 health drugs. 2923 (IV) Alert prescribers to patients who fail to refill 2924 prescriptions in a timely fashion, are prescribed multiple same-2925 class behavioral health drugs, and may have other potential 2926 medication problems. 2927 (V) Track spending trends for behavioral health drugs and 2928 deviation from best practice guidelines. 2929 (VI) Use educational and technological approaches to 2930 promote best practices, educate consumers, and train prescribers 2931 in the use of practice guidelines. 2932 (VII) Disseminate electronic and published materials. 2933 (VIII) Hold statewide and regional conferences. 2934 (IX) Implement a disease management program with a model 2935 quality-based medication component for severely mentally ill 2936 individuals and emotionally disturbed children who are high 2937 users of care. 2938 12. 11. a. The agency shall implement a Medicaid 2939 prescription drug management system. The agency may contract 2940 with a vendor that has experience in operating prescription drug 2941 management systems in order to implement this system. Any 2942 management system that is implemented in accordance with this 2943 subparagraph must rely on cooperation between physicians and 2944 pharmacists to determine appropriate practice patterns and 2945 clinical guidelines to improve the prescribing, dispensing, and 2946 use of drugs in the Medicaid program. The agency may seek 2947 federal waivers to implement this program. 2948 b. The drug management system must be designed to improve 2949 the quality of care and prescribing practices based on best 2950 practice guidelines, improve patient adherence to medication 2951 plans, reduce clinical risk, and lower prescribed drug costs and 2952 the rate of inappropriate spending on Medicaid prescription 2953 drugs. The program must: 2954 (I) Provide for the development and adoption of best 2955 practice guidelines for the prescribing and use of drugs in the 2956 Medicaid program, including translating best practice guidelines 2957 into practice; reviewing prescriber patterns and comparing them 2958 to indicators that are based on national standards and practice 2959 patterns of clinical peers in their community, statewide, and 2960 nationally; and determine deviations from best practice 2961 guidelines. 2962 (II) Implement processes for providing feedback to and 2963 educating prescribers using best practice educational materials 2964 and peer-to-peer consultation. 2965 (III) Assess Medicaid recipients who are outliers in their 2966 use of a single or multiple prescription drugs with regard to 2967 the numbers and types of drugs taken, drug dosages, combination 2968 drug therapies, and other indicators of improper use of 2969 prescription drugs. 2970 (IV) Alert prescribers to patients who fail to refill 2971 prescriptions in a timely fashion, are prescribed multiple drugs 2972 that may be redundant or contraindicated, or may have other 2973 potential medication problems. 2974 (V) Track spending trends for prescription drugs and 2975 deviation from best practice guidelines. 2976 (VI) Use educational and technological approaches to 2977 promote best practices, educate consumers, and train prescribers 2978 in the use of practice guidelines. 2979 (VII) Disseminate electronic and published materials. 2980 (VIII) Hold statewide and regional conferences. 2981 (IX) Implement disease management programs in cooperation 2982 with physicians and pharmacists, along with a model quality-2983 based medication component for individuals having chronic 2984 medical conditions. 2985 13. 12. The agency is authorized to contract for drug 2986 rebate administration, including, but not limited to, 2987 calculating rebate amounts, invoicing manufacturers, negotiating 2988 disputes with manufacturers, and maintaining a database of 2989 rebate collections. 2990 14. 13. The agency may specify the preferred daily dosing 2991 form or strength for the purpose of promoting best practices 2992 with regard to the prescribing of certain drugs as specified in 2993 the General Appropriations Act and ensuring cost-effective 2994 prescribing practices. 2995 15. 14. The agency may require prior authorization for 2996 Medicaid-covered prescribed drugs. The agency may, but is not 2997 required to, prior-authorize the use of a product: 2998 a. For an indication not approved in labeling; 2999 b. To comply with certain clinical guidelines; or 3000 c. If the product has the potential for overuse, misuse, 3001 or abuse. 3002 3003 The agency may require the prescribing professional to provide 3004 information about the rationale and supporting medical evidence 3005 for the use of a drug. The agency shall accept electronic prior 3006 authorization requests from prescribers or pharmacists for any 3007 drug requiring prior authorization and may post prior 3008 authorization criteria and protocol and updates to the list of 3009 drugs that are subject to prior authorization on an Internet 3010 website without amending its rule or engaging in additional 3011 rulemaking. 3012 16. 15. The agency, in conjunction with the Pharmaceutical 3013 and Therapeutics Committee, may require age-related prior 3014 authorizations for certain prescribed drugs. The agency may 3015 preauthorize the use of a drug for a recipient who may not meet 3016 the age requirement or may exceed the length of therapy for use 3017 of this product as recommended by the manufacturer and approved 3018 by the Food and Drug Administration. Prior authorization may 3019 require the prescribing professional to provide information 3020 about the rationale and supporting medical evidence for the use 3021 of a drug. 3022 17. 16. The agency shall implement a step-therapy prior 3023 authorization approval process for medications excluded from the 3024 preferred drug list. Medications listed on the preferred drug 3025 list must be used within the previous months prior to the 3026 alternative medications that are not listed. The step-therapy 3027 prior authorization may require the prescriber to use the 3028 medications of a similar drug class or for a similar medical 3029 indication unless contraindicated in the Food and Drug 3030 Administration labeling. The trial period between the specified 3031 steps may vary according to the medical indication. The step-3032 therapy approval process shall be developed in accordance with 3033 the committee as stated in s. 409.91195(7) and (8). A drug 3034 product may be approved without meeting the step-therapy prior 3035 authorization criteria if the prescribing physician provides the 3036 agency with additional written medical or clinical documentation 3037 that the product is medically necessary because: 3038 a. There is not a drug on the preferred drug list to treat 3039 the disease or medical condition which is an acceptable clinical 3040 alternative; 3041 b. The alternatives have been ineffective in the treatment 3042 of the beneficiary's disease; or 3043 c. Based on historic evidence and known characteristics of 3044 the patient and the drug, the drug is likely to be ineffective, 3045 or the number of doses have been ineffective. 3046 3047 The agency shall work with the physician to determine the best 3048 alternative for the patient. The agency may adopt rules waiving 3049 the requirements for written clinical documentation for specific 3050 drugs in limited clinical situations. 3051 18. 17. The agency shall implement a return and reuse 3052 program for drugs dispensed by pharmacies to institutional 3053 recipients, which includes payment of a $5 restocking fee for 3054 the implementation and operation of the program. The return and 3055 reuse program shall be implemented electronically and in a 3056 manner that promotes efficiency. The program must permit a 3057 pharmacy to exclude drugs from the program if it is not 3058 practical or cost-effective for the drug to be included and must 3059 provide for the return to inventory of drugs that cannot be 3060 credited or returned in a cost-effective manner. The agency 3061 shall determine if the program has reduced the amount of 3062 Medicaid prescription drugs which are destroyed on an annual 3063 basis and if there are additional ways to ensure more 3064 prescription drugs are not destroyed which could safely be 3065 reused. The agency's conclusion and recommendations shall be 3066 reported to the Legislature by December 1, 2005. 3067 Section 74. Subsection (3) and paragraph (c) of subsection 3068 (4) of section 429.07, Florida Statutes, are amended, and 3069 subsections (6) and (7) are added to that section, to read: 3070 429.07 License required; fee;inspections.-3071 (3) In addition to the requirements of s. 408.806, each 3072 license granted by the agency must state the type of care for 3073 which the license is granted. Licenses shall be issued for one 3074 or more of the following categories of care: standard, extended 3075 congregate care, limited nursing services, or limited mental 3076 health. 3077 (a) A standard license shall be issued to a facility 3078 facilities providing one or more of the personal services 3079 identified in s. 429.02. Such licensee facilities may also 3080 employ or contract with a person licensed under part I of 3081 chapter to administer medications and perform other tasks as 3082 specified in s. 429.255. 3083 (b) An extended congregate care license shall be issued to 3084 a licensee facilities providing, directly or through contract, 3085 services beyond those authorized in paragraph (a), including 3086 services performed by persons licensed under part I of chapter 3087 and supportive services, as defined by rule, to persons who 3088 would otherwise be disqualified from continued residence in a 3089 facility licensed under this part. 3090 1. In order for extended congregate care services to be 3091 provided, the agency must first determine that all requirements 3092 established in law and rule are met and must specifically 3093 designate, on the facility's license, that such services may be 3094 provided and whether the designation applies to all or part of 3095 the facility. Such designation may be made at the time of 3096 initial licensure or relicensure, or upon request in writing by 3097 a licensee under this part and part II of chapter 408. The 3098 notification of approval or the denial of the request shall be 3099 made in accordance with part II of chapter 408. An existing 3100 licensee facilities qualifying to provide extended congregate 3101 care services must have maintained a standard license and may 3102 not have been subject to administrative sanctions during the 3103 previous years, or since initial licensure if the facility has 3104 been licensed for less than years, for any of the following 3105 reasons: 3106 a. A class I or class II violation; 3107 b. Three or more repeat or recurring class III violations 3108 of identical or similar resident care standards from which a 3109 pattern of noncompliance is found by the agency; 3110 c. Three or more class III violations that were not 3111 corrected in accordance with the corrective action plan approved 3112 by the agency; 3113 d. Violation of resident care standards which results in 3114 requiring the facility to employ the services of a consultant 3115 pharmacist or consultant dietitian; 3116 e. Denial, suspension, or revocation of a license for 3117 another facility licensed under this part in which the applicant 3118 for an extended congregate care license has at least percent 3119 ownership interest; or 3120 f. Imposition of a moratorium pursuant to this part or 3121 part II of chapter or initiation of injunctive proceedings. 3122 2. A facility that is licensed to provide extended 3123 congregate care services shall maintain a written progress 3124 report for on each person who receives services which describes 3125 the type, amount, duration, scope, and outcome of services that 3126 are rendered and the general status of the resident's health. A 3127 registered nurse, or appropriate designee, representing the 3128 agency shall visit the facility at least quarterly to monitor 3129 residents who are receiving extended congregate care services 3130 and to determine if the facility is in compliance with this 3131 part, part II of chapter 408, and relevant rules. One of the 3132 visits may be in conjunction with the regular survey. The 3133 monitoring visits may be provided through contractual 3134 arrangements with appropriate community agencies. A registered 3135 nurse shall serve as part of the team that inspects the 3136 facility. The agency may waive one of the required yearly 3137 monitoring visits for a facility that has been licensed for at 3138 least months to provide extended congregate care services, 3139 if, during the inspection, the registered nurse determines that 3140 extended congregate care services are being provided 3141 appropriately, and if the facility has no class I or class II 3142 violations and no uncorrected class III violations. The agency 3143 must first consult with the long-term care ombudsman council for 3144 the area in which the facility is located to determine if any 3145 complaints have been made and substantiated about the quality of 3146 services or care. The agency may not waive one of the required 3147 yearly monitoring visits if complaints have been made and 3148 substantiated. 3149 3. A facility that is licensed to provide extended 3150 congregate care services must: 3151 a. Demonstrate the capability to meet unanticipated 3152 resident service needs. 3153 b. Offer a physical environment that promotes a homelike 3154 setting, provides for resident privacy, promotes resident 3155 independence, and allows sufficient congregate space as defined 3156 by rule. 3157 c. Have sufficient staff available, taking into account 3158 the physical plant and firesafety features of the building, to 3159 assist with the evacuation of residents in an emergency. 3160 d. Adopt and follow policies and procedures that maximize 3161 resident independence, dignity, choice, and decisionmaking to 3162 permit residents to age in place, so that moves due to changes 3163 in functional status are minimized or avoided. 3164 e. Allow residents or, if applicable, a resident's 3165 representative, designee, surrogate, guardian, or attorney in 3166 fact to make a variety of personal choices, participate in 3167 developing service plans, and share responsibility in 3168 decisionmaking. 3169 f. Implement the concept of managed risk. 3170 g. Provide, directly or through contract, the services of 3171 a person licensed under part I of chapter 464. 3172 h. In addition to the training mandated in s. 429.52, 3173 provide specialized training as defined by rule for facility 3174 staff. 3175 4. A facility that is licensed to provide extended 3176 congregate care services is exempt from the criteria for 3177 continued residency set forth in rules adopted under s. 429.41. 3178 A licensed facility must adopt its own requirements within 3179 guidelines for continued residency set forth by rule. However, 3180 the facility may not serve residents who require 24-hour nursing 3181 supervision. A licensed facility that provides extended 3182 congregate care services must also provide each resident with a 3183 written copy of facility policies governing admission and 3184 retention. 3185 5. The primary purpose of extended congregate care 3186 services is to allow residents, as they become more impaired, 3187 the option of remaining in a familiar setting from which they 3188 would otherwise be disqualified for continued residency. A 3189 facility licensed to provide extended congregate care services 3190 may also admit an individual who exceeds the admission criteria 3191 for a facility with a standard license, if the individual is 3192 determined appropriate for admission to the extended congregate 3193 care facility. 3194 6. Before the admission of an individual to a facility 3195 licensed to provide extended congregate care services, the 3196 individual must undergo a medical examination as provided in s. 3197 429.26(4) and the facility must develop a preliminary service 3198 plan for the individual. 3199 7. When a licensee facility can no longer provide or 3200 arrange for services in accordance with the resident's service 3201 plan and needs and the licensee's facility's policy, the 3202 licensee facility shall make arrangements for relocating the 3203 person in accordance with s. 429.28(1)(k). 3204 8. Failure to provide extended congregate care services 3205 may result in denial of extended congregate care license 3206 renewal. 3207 (c) A limited nursing services license shall be issued to 3208 a facility that provides services beyond those authorized in 3209 paragraph (a) and as specified in this paragraph. 3210 1. In order for limited nursing services to be provided in 3211 a facility licensed under this part, the agency must first 3212 determine that all requirements established in law and rule are 3213 met and must specifically designate, on the facility's license, 3214 that such services may be provided. Such designation may be made 3215 at the time of initial licensure or relicensure, or upon request 3216 in writing by a licensee under this part and part II of chapter 3217 408. Notification of approval or denial of such request shall be 3218 made in accordance with part II of chapter 408. Existing 3219 facilities qualifying to provide limited nursing services shall 3220 have maintained a standard license and may not have been subject 3221 to administrative sanctions that affect the health, safety, and 3222 welfare of residents for the previous years or since initial 3223 licensure if the facility has been licensed for less than 3224 years. 3225 2. Facilities that are licensed to provide limited nursing 3226 services shall maintain a written progress report on each person 3227 who receives such nursing services, which report describes the 3228 type, amount, duration, scope, and outcome of services that are 3229 rendered and the general status of the resident's health. A 3230 registered nurse representing the agency shall visit such 3231 facilities at least twice a year to monitor residents who are 3232 receiving limited nursing services and to determine if the 3233 facility is in compliance with applicable provisions of this 3234 part, part II of chapter 408, and related rules. The monitoring 3235 visits may be provided through contractual arrangements with 3236 appropriate community agencies. A registered nurse shall also 3237 serve as part of the team that inspects such facility. 3238 3. A person who receives limited nursing services under 3239 this part must meet the admission criteria established by the 3240 agency for assisted living facilities. When a resident no longer 3241 meets the admission criteria for a facility licensed under this 3242 part, arrangements for relocating the person shall be made in 3243 accordance with s. 429.28(1)(k), unless the facility is licensed 3244 to provide extended congregate care services. 3245 (4) In accordance with s. 408.805, an applicant or 3246 licensee shall pay a fee for each license application submitted 3247 under this part, part II of chapter 408, and applicable rules. 3248 The amount of the fee shall be established by rule. 3249 (c) In addition to the total fee assessed under paragraph 3250 (a), the agency shall require facilities that are licensed to 3251 provide limited nursing services under this part to pay an 3252 additional fee per licensed facility. The amount of the biennial 3253 fee shall be $250 per license, with an additional fee of $10 per 3254 resident based on the total licensed resident capacity of the 3255 facility. 3256 (6) In order to determine whether the facility is 3257 adequately protecting residents' rights as provided in s. 3258 429.28, the agency's standard licensure survey shall include 3259 private informal conversations with a sample of residents and 3260 consultation with the ombudsman council in the planning and 3261 service area in which the facility is located to discuss 3262 residents' experiences within the facility. 3263 (7) An assisted living facility that has been cited within 3264 the previous 24-month period for a class I or class II 3265 violation, regardless of the status of any enforcement or 3266 disciplinary action, is subject to periodic unannounced 3267 monitoring to determine if the facility is in compliance with 3268 this part, part II of chapter 408, and applicable rules. 3269 Monitoring may occur through a desk review or an onsite 3270 assessment. If the class I or class II violation relates to 3271 providing or failing to provide nursing care, a registered nurse 3272 must participate in monitoring activities during the 12-month 3273 period following the violation. 3274 Section 75. Subsection (7) of section 429.11, Florida 3275 Statutes, is renumbered as subsection (6), and present 3276 subsection (6) of that section is amended to read: 3277 429.11 Initial application for license;provisional 3278 license.-3279 (6) In addition to the license categories available in s. 3280 408.808, a provisional license may be issued to an applicant 3281 making initial application for licensure or making application 3282 for a change of ownership. A provisional license shall be 3283 limited in duration to a specific period of time not to exceed 3284 months, as determined by the agency. 3285 Section 76. Section 429.12, Florida Statutes, is amended 3286 to read: 3287 429.12 Sale or transfer of ownership of a facility.-It is 3288 the intent of the Legislature to protect the rights of the 3289 residents of an assisted living facility when the facility is 3290 sold or the ownership thereof is transferred. Therefore, in 3291 addition to the requirements of part II of chapter 408, whenever 3292 a facility is sold or the ownership thereof is transferred, 3293 including leasing,: 3294 (1) the transferee shall notify the residents, in writing, 3295 of the change of ownership within days after receipt of the 3296 new license. 3297 (2) The transferor of a facility the license of which is 3298 denied pending an administrative hearing shall, as a part of the 3299 written change-of-ownership contract, advise the transferee that 3300 a plan of correction must be submitted by the transferee and 3301 approved by the agency at least days before the change of 3302 ownership and that failure to correct the condition which 3303 resulted in the moratorium pursuant to part II of chapter or 3304 denial of licensure is grounds for denial of the transferee's 3305 license. 3306 Section 77. Subsection (5) of section 429.14, Florida 3307 Statutes, is amended to read: 3308 429.14 Administrative penalties.-3309 (5) An action taken by the agency to suspend, deny, or 3310 revoke a facility's license under this part or part II of 3311 chapter 408, in which the agency claims that the facility owner 3312 or an employee of the facility has threatened the health, 3313 safety, or welfare of a resident of the facility,shall be heard 3314 by the Division of Administrative Hearings of the Department of 3315 Management Services within days after receipt of the 3316 facility's request for a hearing, unless that time limitation is 3317 waived by both parties. The administrative law judge must render 3318 a decision within days after receipt of a proposed 3319 recommended order. 3320 Section 78. Subsections (1), (4), and (5) of section 3321 429.17, Florida Statutes, are amended to read: 3322 429.17 Expiration of license; renewal; conditional 3323 license.-3324 (1) Limited nursing, Extended congregate care,and limited 3325 mental health licenses shall expire at the same time as the 3326 facility's standard license, regardless of when issued. 3327 (4) In addition to the license categories available in s. 3328 408.808, a conditional license may be issued to an applicant for 3329 license renewal if the applicant fails to meet all standards and 3330 requirements for licensure. A conditional license issued under 3331 this subsection shall be limited in duration to a specific 3332 period of time not to exceed months, as determined by the 3333 agency,and shall be accompanied by an agency-approved plan of 3334 correction.3335 (5) When an extended congregate care or limited nursing 3336 license is requested during a facility's biennial license 3337 period, the fee shall be prorated in order to permit the 3338 additional license to expire at the end of the biennial license 3339 period. The fee shall be calculated as of the date the 3340 additional license application is received by the agency. 3341 Section 79. Section 429.195, Florida Statutes, is amended 3342 to read: 3343 429.195 Rebates prohibited; penalties.-3344 (1) It is unlawful for any assisted living facility 3345 licensed under this part to contract or promise to pay or 3346 receive any commission, bonus, kickback, or rebate or engage in 3347 any split-fee arrangement in any form whatsoever with any health 3348 care provider or health care facility pursuant to s. 817.505 3349 physician, surgeon, organization, agency, or person, either 3350 directly or indirectly, for residents referred to an assisted 3351 living facility licensed under this part.A facility may employ 3352 or contract with persons to market the facility, provided the 3353 employee or contract provider clearly indicates that he or she 3354 represents the facility. A person or agency independent of the 3355 facility may provide placement or referral services for a fee to 3356 individuals seeking assistance in finding a suitable facility; 3357 however, any fee paid for placement or referral services must be 3358 paid by the individual looking for a facility, not by the 3359 facility. 3360 (2) A violation of this section shall be considered 3361 patient brokering and is punishable as provided in s. 817.505. 3362 (3) This section does not apply to: 3363 (a) An individual employed by the facility, or with whom 3364 the facility contracts to market the facility, if the employee 3365 or contract provider clearly indicates that he or she works with 3366 or for the facility. 3367 (b) A referral service that provides information, 3368 consultation, or referrals to consumers to assist them in 3369 finding appropriate care or housing options for seniors or 3370 disabled adults, provided that such referred consumers are not 3371 Medicaid recipients. 3372 (c) Residents of an assisted living facility who refer 3373 friends, family members, or other individuals with whom they 3374 have a personal relationship to the assisted living facility, 3375 and does not prohibit the assisted living facility from 3376 providing a monetary reward to the resident for making such a 3377 referral. 3378 Section 80. Subsections (6) through (10) of section 3379 429.23, Florida Statutes, are renumbered as subsections (5) 3380 through (9), respectively, and present subsection (5) of that 3381 section is amended to read: 3382 429.23 Internal risk management and quality assurance 3383 program; adverse incidents and reporting requirements.-3384 (5) Each facility shall report monthly to the agency any 3385 liability claim filed against it. The report must include the 3386 name of the resident, the dates of the incident leading to the 3387 claim, if applicable, and the type of injury or violation of 3388 rights alleged to have occurred. This report is not discoverable 3389 in any civil or administrative action, except in such actions 3390 brought by the agency to enforce the provisions of this part. 3391 Section 81. Paragraph (a) of subsection (1) and subsection 3392 (2) of section 429.255, Florida Statutes, are amended to read: 3393 429.255 Use of personnel; emergency care.-3394 (1)(a) Persons under contract to the facility or,facility 3395 staff,or volunteers, who are licensed according to part I of 3396 chapter 464, or those persons exempt under s. 464.022(1), and 3397 others as defined by rule, may administer medications to 3398 residents, take residents' vital signs, manage individual weekly 3399 pill organizers for residents who self-administer medication, 3400 give prepackaged enemas ordered by a physician, observe 3401 residents, document observations on the appropriate resident's 3402 record, report observations to the resident's physician, and 3403 contract or allow residents or a resident's representative, 3404 designee, surrogate, guardian, or attorney in fact to contract 3405 with a third party, provided residents meet the criteria for 3406 appropriate placement as defined in s. 429.26. Persons under 3407 contract to the facility or facility staff who are licensed 3408 according to part I of chapter may provide limited nursing 3409 services. Nursing assistants certified pursuant to part II of 3410 chapter may take residents' vital signs as directed by a 3411 licensed nurse or physician. The facility is responsible for 3412 maintaining documentation of services provided under this 3413 paragraph and as required by rule and for ensuring that staff 3414 are adequately trained to monitor residents receiving these 3415 services. 3416 (2) In facilities licensed to provide extended congregate 3417 care, persons under contract to the facility or,facility staff,3418 or volunteers, who are licensed according to part I of chapter 3419 464, or those persons exempt under s. 464.022(1), or those 3420 persons certified as nursing assistants pursuant to part II of 3421 chapter 464, may also perform all duties within the scope of 3422 their license or certification, as approved by the facility 3423 administrator and pursuant to this part. 3424 Section 82. Subsections (4), (5), (6), and (7) of section 3425 429.28, Florida Statutes, are renumbered as subsections (3), 3426 (4), (5), and (6), respectively, and present subsections (3) and 3427 (6) of that section are amended to read: 3428 429.28 Resident bill of rights.-3429 (3)(a) The agency shall conduct a survey to determine 3430 general compliance with facility standards and compliance with 3431 residents' rights as a prerequisite to initial licensure or 3432 licensure renewal. 3433 (b) In order to determine whether the facility is 3434 adequately protecting residents' rights, the biennial survey 3435 shall include private informal conversations with a sample of 3436 residents and consultation with the ombudsman council in the 3437 planning and service area in which the facility is located to 3438 discuss residents' experiences within the facility. 3439 (c) During any calendar year in which no survey is 3440 conducted, the agency shall conduct at least one monitoring 3441 visit of each facility cited in the previous year for a class I 3442 or class II violation, or more than three uncorrected class III 3443 violations. 3444 (d) The agency may conduct periodic followup inspections 3445 as necessary to monitor the compliance of facilities with a 3446 history of any class I, class II, or class III violations that 3447 threaten the health, safety, or security of residents. 3448 (e) The agency may conduct complaint investigations as 3449 warranted to investigate any allegations of noncompliance with 3450 requirements required under this part or rules adopted under 3451 this part. 3452 (5) (6) Any facility which terminates the residency of an 3453 individual who participated in activities specified in 3454 subsection (4) (5) shall show good cause in a court of competent 3455 jurisdiction. 3456 Section 83. Subsections (4) and (5) of section 429.41, 3457 Florida Statutes, are renumbered as subsections (3) and (4), 3458 respectively, and paragraphs (i) and (j) of subsection (1) and 3459 present subsection (3) of that section are amended to read: 3460 429.41 Rules establishing standards.-3461 (1) It is the intent of the Legislature that rules 3462 published and enforced pursuant to this section shall include 3463 criteria by which a reasonable and consistent quality of 3464 resident care and quality of life may be ensured and the results 3465 of such resident care may be demonstrated. Such rules shall also 3466 ensure a safe and sanitary environment that is residential and 3467 noninstitutional in design or nature. It is further intended 3468 that reasonable efforts be made to accommodate the needs and 3469 preferences of residents to enhance the quality of life in a 3470 facility. The agency, in consultation with the department, may 3471 adopt rules to administer the requirements of part II of chapter 3472 408. In order to provide safe and sanitary facilities and the 3473 highest quality of resident care accommodating the needs and 3474 preferences of residents, the department, in consultation with 3475 the agency, the Department of Children and Family Services, and 3476 the Department of Health, shall adopt rules, policies, and 3477 procedures to administer this part, which must include 3478 reasonable and fair minimum standards in relation to: 3479 (i) Facilities holding an a limited nursing, extended 3480 congregate care,or limited mental health license. 3481 (j) The establishment of specific criteria to define 3482 appropriateness of resident admission and continued residency in 3483 a facility holding a standard, limited nursing, extended 3484 congregate care, and limited mental health license. 3485 (3) The department shall submit a copy of proposed rules 3486 to the Speaker of the House of Representatives, the President of 3487 the Senate, and appropriate committees of substance for review 3488 and comment prior to the promulgation thereof. Rules promulgated 3489 by the department shall encourage the development of homelike 3490 facilities which promote the dignity, individuality, personal 3491 strengths, and decisionmaking ability of residents. 3492 Section 84. Subsections (1) and (2) of section 429.53, 3493 Florida Statutes, are amended to read: 3494 429.53 Consultation by the agency.-3495 (1) The area offices of licensure and certification of the 3496 agency shall provide consultation to the following upon request: 3497 (a) A licensee of a facility. 3498 (b) A person interested in obtaining a license to operate 3499 a facility under this part. 3500 (2) As used in this section, "consultation" includes: 3501 (a) An explanation of the requirements of this part and 3502 rules adopted pursuant thereto; 3503 (b) An explanation of the license application and renewal 3504 procedures; and 3505 (c) The provision of a checklist of general local and 3506 state approvals required prior to constructing or developing a 3507 facility and a listing of the types of agencies responsible for 3508 such approvals; 3509 (d) An explanation of benefits and financial assistance 3510 available to a recipient of supplemental security income 3511 residing in a facility; 3512 (c) (e) Any other information which the agency deems 3513 necessary to promote compliance with the requirements of this 3514 part;and 3515 (f) A preconstruction review of a facility to ensure 3516 compliance with agency rules and this part.3517 Section 85. Subsection (6) of section 429.71, Florida 3518 Statutes, is renumbered as subsection (5), and subsection (1) 3519 and present subsection (5) of that section are amended to read: 3520 429.71 Classification of violations deficiencies;3521 administrative fines.-3522 (1) In addition to the requirements of part II of chapter 3523 and in addition to any other liability or penalty provided 3524 by law, the agency may impose an administrative fine on a 3525 provider according to the following classification: 3526 (a) Class I violations are defined in s. 408.813 those 3527 conditions or practices related to the operation and maintenance 3528 of an adult family-care home or to the care of residents which 3529 the agency determines present an imminent danger to the 3530 residents or guests of the facility or a substantial probability 3531 that death or serious physical or emotional harm would result 3532 therefrom. The condition or practice that constitutes a class I 3533 violation must be abated or eliminated within hours, unless a 3534 fixed period, as determined by the agency, is required for 3535 correction.A class I violation deficiency is subject to an 3536 administrative fine in an amount not less than $500 and not 3537 exceeding $1,000 for each violation. A fine may be levied 3538 notwithstanding the correction of the deficiency. 3539 (b) Class II violations are defined in s. 408.813 those 3540 conditions or practices related to the operation and maintenance 3541 of an adult family-care home or to the care of residents which 3542 the agency determines directly threaten the physical or 3543 emotional health, safety, or security of the residents, other 3544 than class I violations.A class II violation is subject to an 3545 administrative fine in an amount not less than $250 and not 3546 exceeding $500 for each violation. A citation for a class II 3547 violation must specify the time within which the violation is 3548 required to be corrected. If a class II violation is corrected 3549 within the time specified, no civil penalty shall be imposed, 3550 unless it is a repeated offense. 3551 (c) Class III violations are defined in s. 408.813 those 3552 conditions or practices related to the operation and maintenance 3553 of an adult family-care home or to the care of residents which 3554 the agency determines indirectly or potentially threaten the 3555 physical or emotional health, safety, or security of residents, 3556 other than class I or class II violations.A class III violation 3557 is subject to an administrative fine in an amount not less than 3558 $100 and not exceeding $250 for each violation. A citation for a 3559 class III violation shall specify the time within which the 3560 violation is required to be corrected. If a class III violation 3561 is corrected within the time specified, no civil penalty shall 3562 be imposed, unless it is a repeated violation offense.3563 (d) Class IV violations are defined in s. 408.813 those 3564 conditions or occurrences related to the operation and 3565 maintenance of an adult family-care home, or related to the 3566 required reports, forms, or documents, which do not have the 3567 potential of negatively affecting the residents.A provider that 3568 does not correct A class IV violation within the time limit 3569 specified by the agency is subject to an administrative fine in 3570 an amount not less than $50 and not exceeding $100 for each 3571 violation. Any class IV violation that is corrected during the 3572 time the agency survey is conducted will be identified as an 3573 agency finding and not as a violation,unless it is a repeat 3574 violation.3575 (5) As an alternative to or in conjunction with an 3576 administrative action against a provider, the agency may request 3577 a plan of corrective action that demonstrates a good faith 3578 effort to remedy each violation by a specific date, subject to 3579 the approval of the agency. 3580 Section 86. Section 429.915, Florida Statutes, is amended 3581 to read: 3582 429.915 Conditional license.-In addition to the license 3583 categories available in part II of chapter 408, the agency may 3584 issue a conditional license to an applicant for license renewal 3585 or change of ownership if the applicant fails to meet all 3586 standards and requirements for licensure. A conditional license 3587 issued under this subsection must be limited to a specific 3588 period not exceeding months, as determined by the agency,and 3589 must be accompanied by an approved plan of correction.3590 Section 87. Paragraphs (b) and (g) of subsection (3) of 3591 section 430.80, Florida Statutes, are amended to read: 3592 430.80 Implementation of a teaching nursing home pilot 3593 project.-3594 (3) To be designated as a teaching nursing home, a nursing 3595 home licensee must, at a minimum: 3596 (b) Participate in a nationally recognized accreditation 3597 program and hold a valid accreditation, such as the 3598 accreditation awarded by the Joint Commission on Accreditation 3599 of Healthcare Organizations,or, at the time of initial 3600 designation, possess a Gold Seal Award as conferred by the state 3601 on its licensed nursing home; 3602 (g) Maintain insurance coverage pursuant to s. 3603 400.141(1) (q) (s) or proof of financial responsibility in a 3604 minimum amount of $750,000. Such proof of financial 3605 responsibility may include: 3606 1. Maintaining an escrow account consisting of cash or 3607 assets eligible for deposit in accordance with s. 625.52; or 3608 2. Obtaining and maintaining pursuant to chapter an 3609 unexpired, irrevocable, nontransferable and nonassignable letter 3610 of credit issued by any bank or savings association organized 3611 and existing under the laws of this state or any bank or savings 3612 association organized under the laws of the United States that 3613 has its principal place of business in this state or has a 3614 branch office which is authorized to receive deposits in this 3615 state. The letter of credit shall be used to satisfy the 3616 obligation of the facility to the claimant upon presentment of a 3617 final judgment indicating liability and awarding damages to be 3618 paid by the facility or upon presentment of a settlement 3619 agreement signed by all parties to the agreement when such final 3620 judgment or settlement is a result of a liability claim against 3621 the facility. 3622 Section 88. Paragraph (d) of subsection (9) of section 3623 440.102, Florida Statutes, is amended to read: 3624 440.102 Drug-free workplace program requirements.-The 3625 following provisions apply to a drug-free workplace program 3626 implemented pursuant to law or to rules adopted by the Agency 3627 for Health Care Administration: 3628 (9) DRUG-TESTING STANDARDS FOR LABORATORIES.-3629 (d) The laboratory shall submit to the Agency for Health 3630 Care Administration a monthly report with statistical 3631 information regarding the testing of employees and job 3632 applicants. The report must include information on the methods 3633 of analysis conducted, the drugs tested for, the number of 3634 positive and negative results for both initial tests and 3635 confirmation tests, and any other information deemed appropriate 3636 by the Agency for Health Care Administration. A monthly report 3637 must not identify specific employees or job applicants. 3638 Section 89. Paragraph (a) of subsection (2) of section 3639 440.13, Florida Statutes, is amended to read: 3640 440.13 Medical services and supplies; penalty for 3641 violations; limitations.-3642 (2) MEDICAL TREATMENT; DUTY OF EMPLOYER TO FURNISH.-3643 (a) Subject to the limitations specified elsewhere in this 3644 chapter, the employer shall furnish to the employee such 3645 medically necessary remedial treatment, care, and attendance for 3646 such period as the nature of the injury or the process of 3647 recovery may require, which is in accordance with established 3648 practice parameters and protocols of treatment as provided for 3649 in this chapter, including medicines, medical supplies, durable 3650 medical equipment, orthoses, prostheses, and other medically 3651 necessary apparatus. Remedial treatment, care, and attendance, 3652 including work-hardening programs or pain-management programs 3653 accredited by the Commission on Accreditation of Rehabilitation 3654 Facilities or the Joint Commission on the Accreditation of 3655 Health Organizations or pain-management programs affiliated with 3656 medical schools, shall be considered as covered treatment only 3657 when such care is given based on a referral by a physician as 3658 defined in this chapter. Medically necessary treatment, care, 3659 and attendance does not include chiropractic services in excess 3660 of treatments or rendered weeks beyond the date of the 3661 initial chiropractic treatment, whichever comes first, unless 3662 the carrier authorizes additional treatment or the employee is 3663 catastrophically injured. 3664 3665 Failure of the carrier to timely comply with this subsection 3666 shall be a violation of this chapter and the carrier shall be 3667 subject to penalties as provided for in s. 440.525. 3668 Section 90. Paragraph (h) of subsection (3) of section 3669 456.053, Florida Statutes, is amended to read: 3670 456.053 Financial arrangements between referring health 3671 care providers and providers of health care services.-3672 (3) DEFINITIONS.-For the purpose of this section, the 3673 word, phrase, or term: 3674 (h) "Group practice" means a group of two or more health 3675 care providers legally organized as a partnership, professional 3676 corporation, or similar association: 3677 1. In which each health care provider who is a member of 3678 the group provides substantially the full range of services 3679 which the health care provider routinely provides, including 3680 medical care, consultation, diagnosis, or treatment, through the 3681 joint use of shared office space, facilities, equipment, and 3682 personnel; 3683 2. For which substantially all of the services of the 3684 health care providers who are members of the group are provided 3685 through the group and are billed in the name of the group and 3686 amounts so received are treated as receipts of the group; and 3687 3. In which the overhead expenses of and the income from 3688 the practice are distributed in accordance with methods 3689 previously determined by members of the group;and 3690 4. In which a group practice that provides radiation 3691 therapy services provides the full range of radiation therapy 3692 services such that no single type of cancer, either as a primary 3693 or secondary diagnosis as described by the International 3694 Statistical Classification of Diseases, constitutes percent 3695 or more of the group's cases that require professional and 3696 technical services for radiation therapy, and in which the 3697 health care providers within the group who are referring 3698 patients for radiation therapy services do not own percent or 3699 more of the group practice. For purposes of this subparagraph, 3700 the term "cases" means a patient's radiation treatment course.3701 Section 91. Subsection (1) of section 483.035, Florida 3702 Statutes, is amended to read: 3703 483.035 Clinical laboratories operated by practitioners 3704 for exclusive use; licensure and regulation.-3705 (1) A clinical laboratory operated by one or more 3706 practitioners licensed under chapter 458, chapter 459, chapter 3707 460, chapter 461, chapter 462, part I of chapter 464, or chapter 3708 466, exclusively in connection with the diagnosis and treatment 3709 of their own patients, must be licensed under this part and must 3710 comply with the provisions of this part, except that the agency 3711 shall adopt rules for staffing, for personnel, including 3712 education and training of personnel, for proficiency testing, 3713 and for construction standards relating to the licensure and 3714 operation of the laboratory based upon and not exceeding the 3715 same standards contained in the federal Clinical Laboratory 3716 Improvement Amendments of 1988 and the federal regulations 3717 adopted thereunder. 3718 Section 92. Subsections (1) and (9) of section 483.051, 3719 Florida Statutes, are amended to read: 3720 483.051 Powers and duties of the agency.-The agency shall 3721 adopt rules to implement this part, which rules must include, 3722 but are not limited to, the following: 3723 (1) LICENSING; QUALIFICATIONS.-The agency shall provide 3724 for biennial licensure of all nonwaived clinical laboratories 3725 meeting the requirements of this part and shall prescribe the 3726 qualifications necessary for such licensure,including, but not 3727 limited to, application for or proof of a federal Clinical 3728 Laboratory Improvement Amendment (CLIA) certificate.For 3729 purposes of this section, the term "nonwaived clinical 3730 laboratories" means laboratories that perform any test that the 3731 Centers for Medicare and Medicaid Services has determined does 3732 not qualify for a certificate of waiver under the Clinical 3733 Laboratory Improvement Amendments of 1988 and the federal rules 3734 adopted thereunder. 3735 (9) ALTERNATE-SITE TESTING.-The agency, in consultation 3736 with the Board of Clinical Laboratory Personnel, shall adopt, by 3737 rule, the criteria for alternate-site testing to be performed 3738 under the supervision of a clinical laboratory director. The 3739 elements to be addressed in the rule include, but are not 3740 limited to: a hospital internal needs assessment; a protocol of 3741 implementation including tests to be performed and who will 3742 perform the tests; criteria to be used in selecting the method 3743 of testing to be used for alternate-site testing; minimum 3744 training and education requirements for those who will perform 3745 alternate-site testing, such as documented training, licensure, 3746 certification, or other medical professional background not 3747 limited to laboratory professionals; documented inservice 3748 training as well as initial and ongoing competency validation; 3749 an appropriate internal and external quality control protocol; 3750 an internal mechanism for identifying and tracking alternate-3751 site testing by the central laboratory; and recordkeeping 3752 requirements. Alternate-site testing locations must register 3753 when the clinical laboratory applies to renew its license. For 3754 purposes of this subsection, the term "alternate-site testing" 3755 means any laboratory testing done under the administrative 3756 control of a hospital, but performed out of the physical or 3757 administrative confines of the central laboratory. 3758 Section 93. Section 483.294, Florida Statutes, is amended 3759 to read: 3760 483.294 Inspection of centers.-In accordance with s. 3761 408.811, the agency shall biennially,at least once annually, 3762 inspect the premises and operations of all centers subject to 3763 licensure under this part. 3764 Section 94. Paragraph (a) of subsection (54) of section 3765 499.003, Florida Statutes, is amended to read: 3766 499.003 Definitions of terms used in this part.-As used in 3767 this part, the term: 3768 (54) "Wholesale distribution" means distribution of 3769 prescription drugs to persons other than a consumer or patient, 3770 but does not include: 3771 (a) Any of the following activities, which is not a 3772 violation of s. 499.005(21) if such activity is conducted in 3773 accordance with s. 499.01(2)(g): 3774 1. The purchase or other acquisition by a hospital or 3775 other health care entity that is a member of a group purchasing 3776 organization of a prescription drug for its own use from the 3777 group purchasing organization or from other hospitals or health 3778 care entities that are members of that organization. 3779 2. The sale, purchase, or trade of a prescription drug or 3780 an offer to sell, purchase, or trade a prescription drug by a 3781 charitable organization described in s. 501(c)(3) of the 3782 Internal Revenue Code of 1986, as amended and revised, to a 3783 nonprofit affiliate of the organization to the extent otherwise 3784 permitted by law. 3785 3. The sale, purchase, or trade of a prescription drug or 3786 an offer to sell, purchase, or trade a prescription drug among 3787 hospitals or other health care entities that are under common 3788 control. For purposes of this subparagraph, "common control" 3789 means the power to direct or cause the direction of the 3790 management and policies of a person or an organization, whether 3791 by ownership of stock, by voting rights, by contract, or 3792 otherwise. 3793 4. The sale, purchase, trade, or other transfer of a 3794 prescription drug from or for any federal, state, or local 3795 government agency or any entity eligible to purchase 3796 prescription drugs at public health services prices pursuant to 3797 Pub. L. No. 102-585, s. to a contract provider or its 3798 subcontractor for eligible patients of the agency or entity 3799 under the following conditions: 3800 a. The agency or entity must obtain written authorization 3801 for the sale, purchase, trade, or other transfer of a 3802 prescription drug under this subparagraph from the State Surgeon 3803 General or his or her designee. 3804 b. The contract provider or subcontractor must be 3805 authorized by law to administer or dispense prescription drugs. 3806 c. In the case of a subcontractor, the agency or entity 3807 must be a party to and execute the subcontract. 3808 d. A contract provider or subcontractor must maintain 3809 separate and apart from other prescription drug inventory any 3810 prescription drugs of the agency or entity in its possession. 3811 d. e. The contract provider and subcontractor must maintain 3812 and produce immediately for inspection all records of movement 3813 or transfer of all the prescription drugs belonging to the 3814 agency or entity, including, but not limited to, the records of 3815 receipt and disposition of prescription drugs. Each contractor 3816 and subcontractor dispensing or administering these drugs must 3817 maintain and produce records documenting the dispensing or 3818 administration. Records that are required to be maintained 3819 include, but are not limited to, a perpetual inventory itemizing 3820 drugs received and drugs dispensed by prescription number or 3821 administered by patient identifier, which must be submitted to 3822 the agency or entity quarterly. 3823 e. f. The contract provider or subcontractor may administer 3824 or dispense the prescription drugs only to the eligible patients 3825 of the agency or entity or must return the prescription drugs 3826 for or to the agency or entity. The contract provider or 3827 subcontractor must require proof from each person seeking to 3828 fill a prescription or obtain treatment that the person is an 3829 eligible patient of the agency or entity and must, at a minimum, 3830 maintain a copy of this proof as part of the records of the 3831 contractor or subcontractor required under sub-subparagraph e. 3832 f. g. In addition to the departmental inspection authority 3833 set forth in s. 499.051, the establishment of the contract 3834 provider and subcontractor and all records pertaining to 3835 prescription drugs subject to this subparagraph shall be subject 3836 to inspection by the agency or entity. All records relating to 3837 prescription drugs of a manufacturer under this subparagraph 3838 shall be subject to audit by the manufacturer of those drugs, 3839 without identifying individual patient information. 3840 Section 95. Subsection (1) of section 627.645, Florida 3841 Statutes, is amended to read: 3842 627.645 Denial of health insurance claims restricted.-3843 (1) No claim for payment under a health insurance policy 3844 or self-insured program of health benefits for treatment, care, 3845 or services in a licensed hospital which is accredited by the 3846 Joint Commission on the Accreditation of Hospitals,the American 3847 Osteopathic Association, or the Commission on the Accreditation 3848 of Rehabilitative Facilities shall be denied because such 3849 hospital lacks major surgical facilities and is primarily of a 3850 rehabilitative nature, if such rehabilitation is specifically 3851 for treatment of physical disability. 3852 Section 96. Paragraph (c) of subsection (2) of section 3853 627.668, Florida Statutes, is amended to read: 3854 627.668 Optional coverage for mental and nervous disorders 3855 required; exception.-3856 (2) Under group policies or contracts, inpatient hospital 3857 benefits, partial hospitalization benefits, and outpatient 3858 benefits consisting of durational limits, dollar amounts, 3859 deductibles, and coinsurance factors shall not be less favorable 3860 than for physical illness generally, except that: 3861 (c) Partial hospitalization benefits shall be provided 3862 under the direction of a licensed physician. For purposes of 3863 this part, the term "partial hospitalization services" is 3864 defined as those services offered by a program accredited by the 3865 Joint Commission on Accreditation of Hospitals (JCAH) or in 3866 compliance with equivalent standards. Alcohol rehabilitation 3867 programs accredited by the Joint Commission on Accreditation of 3868 Hospitals or approved by the state and licensed drug abuse 3869 rehabilitation programs shall also be qualified providers under 3870 this section. In any benefit year, if partial hospitalization 3871 services or a combination of inpatient and partial 3872 hospitalization are utilized, the total benefits paid for all 3873 such services shall not exceed the cost of days of inpatient 3874 hospitalization for psychiatric services, including physician 3875 fees, which prevail in the community in which the partial 3876 hospitalization services are rendered. If partial 3877 hospitalization services benefits are provided beyond the limits 3878 set forth in this paragraph, the durational limits, dollar 3879 amounts, and coinsurance factors thereof need not be the same as 3880 those applicable to physical illness generally. 3881 Section 97. Subsection (3) of section 627.669, Florida 3882 Statutes, is amended to read: 3883 627.669 Optional coverage required for substance abuse 3884 impaired persons; exception.-3885 (3) The benefits provided under this section shall be 3886 applicable only if treatment is provided by, or under the 3887 supervision of, or is prescribed by, a licensed physician or 3888 licensed psychologist and if services are provided in a program 3889 accredited by the Joint Commission on Accreditation of Hospitals 3890 or approved by the state. 3891 Section 98. Paragraph (a) of subsection (1) of section 3892 627.736, Florida Statutes, is amended to read: 3893 627.736 Required personal injury protection benefits; 3894 exclusions; priority; claims.-3895 (1) REQUIRED BENEFITS.-Every insurance policy complying 3896 with the security requirements of s. 627.733 shall provide 3897 personal injury protection to the named insured, relatives 3898 residing in the same household, persons operating the insured 3899 motor vehicle, passengers in such motor vehicle, and other 3900 persons struck by such motor vehicle and suffering bodily injury 3901 while not an occupant of a self-propelled vehicle, subject to 3902 the provisions of subsection (2) and paragraph (4)(e), to a 3903 limit of $10,000 for loss sustained by any such person as a 3904 result of bodily injury, sickness, disease, or death arising out 3905 of the ownership, maintenance, or use of a motor vehicle as 3906 follows: 3907 (a) Medical benefits.-Eighty percent of all reasonable 3908 expenses for medically necessary medical, surgical, X-ray, 3909 dental, and rehabilitative services, including prosthetic 3910 devices, and medically necessary ambulance, hospital, and 3911 nursing services. However, the medical benefits shall provide 3912 reimbursement only for such services and care that are lawfully 3913 provided, supervised, ordered, or prescribed by a physician 3914 licensed under chapter or chapter 459, a dentist licensed 3915 under chapter 466, or a chiropractic physician licensed under 3916 chapter or that are provided by any of the following persons 3917 or entities: 3918 1. A hospital or ambulatory surgical center licensed under 3919 chapter 395. 3920 2. A person or entity licensed under ss. 401.2101-401.45 3921 that provides emergency transportation and treatment. 3922 3. An entity wholly owned by one or more physicians 3923 licensed under chapter or chapter 459, chiropractic 3924 physicians licensed under chapter 460, or dentists licensed 3925 under chapter or by such practitioner or practitioners and 3926 the spouse, parent, child, or sibling of that practitioner or 3927 those practitioners. 3928 4. An entity wholly owned, directly or indirectly, by a 3929 hospital or hospitals. 3930 5. A health care clinic licensed under ss. 400.990-400.995 3931 that is: 3932 a. Accredited by the Joint Commission on Accreditation of 3933 Healthcare Organizations,the American Osteopathic Association, 3934 the Commission on Accreditation of Rehabilitation Facilities, or 3935 the Accreditation Association for Ambulatory Health Care, Inc.; 3936 or 3937 b. A health care clinic that: 3938 (I) Has a medical director licensed under chapter 458, 3939 chapter 459, or chapter 460; 3940 (II) Has been continuously licensed for more than years 3941 or is a publicly traded corporation that issues securities 3942 traded on an exchange registered with the United States 3943 Securities and Exchange Commission as a national securities 3944 exchange; and 3945 (III) Provides at least four of the following medical 3946 specialties: 3947 (A) General medicine. 3948 (B) Radiography. 3949 (C) Orthopedic medicine. 3950 (D) Physical medicine. 3951 (E) Physical therapy. 3952 (F) Physical rehabilitation. 3953 (G) Prescribing or dispensing outpatient prescription 3954 medication. 3955 (H) Laboratory services. 3956 3957 The Financial Services Commission shall adopt by rule the form 3958 that must be used by an insurer and a health care provider 3959 specified in subparagraph 3., subparagraph 4., or subparagraph 3960 5. to document that the health care provider meets the criteria 3961 of this paragraph, which rule must include a requirement for a 3962 sworn statement or affidavit. 3963 3964 Only insurers writing motor vehicle liability insurance in this 3965 state may provide the required benefits of this section, and no 3966 such insurer shall require the purchase of any other motor 3967 vehicle coverage other than the purchase of property damage 3968 liability coverage as required by s. 627.7275 as a condition for 3969 providing such required benefits. Insurers may not require that 3970 property damage liability insurance in an amount greater than 3971 $10,000 be purchased in conjunction with personal injury 3972 protection. Such insurers shall make benefits and required 3973 property damage liability insurance coverage available through 3974 normal marketing channels. Any insurer writing motor vehicle 3975 liability insurance in this state who fails to comply with such 3976 availability requirement as a general business practice shall be 3977 deemed to have violated part IX of chapter 626, and such 3978 violation shall constitute an unfair method of competition or an 3979 unfair or deceptive act or practice involving the business of 3980 insurance; and any such insurer committing such violation shall 3981 be subject to the penalties afforded in such part, as well as 3982 those which may be afforded elsewhere in the insurance code. 3983 Section 99. Section 633.081, Florida Statutes, is amended 3984 to read: 3985 633.081 Inspection of buildings and equipment; orders; 3986 firesafety inspection training requirements; certification; 3987 disciplinary action.-The State Fire Marshal and her or his 3988 agents shall, at any reasonable hour, when the State Fire 3989 Marshal has reasonable cause to believe that a violation of this 3990 chapter or s. 509.215, or a rule promulgated thereunder, or a 3991 minimum firesafety code adopted by a local authority, may exist, 3992 inspect any and all buildings and structures which are subject 3993 to the requirements of this chapter or s. 509.215 and rules 3994 promulgated thereunder. The authority to inspect shall extend to 3995 all equipment, vehicles, and chemicals which are located within 3996 the premises of any such building or structure. The State Fire 3997 Marshal and her or his agents shall inspect nursing homes 3998 licensed under part II of chapter only once every calendar 3999 year and upon receiving a complaint forming the basis of a 4000 reasonable cause to believe that a violation of this chapter or 4001 s. 509.215, or a rule promulgated thereunder, or a minimum 4002 firesafety code adopted by a local authority may exist and upon 4003 identifying such a violation in the course of conducting 4004 orientation or training activities within a nursing home. 4005 (1) Each county, municipality, and special district that 4006 has firesafety enforcement responsibilities shall employ or 4007 contract with a firesafety inspector. Except as provided in s. 4008 633.082(2), the firesafety inspector must conduct all firesafety 4009 inspections that are required by law. The governing body of a 4010 county, municipality, or special district that has firesafety 4011 enforcement responsibilities may provide a schedule of fees to 4012 pay only the costs of inspections conducted pursuant to this 4013 subsection and related administrative expenses. Two or more 4014 counties, municipalities, or special districts that have 4015 firesafety enforcement responsibilities may jointly employ or 4016 contract with a firesafety inspector. 4017 (2) Except as provided in s. 633.082(2), every firesafety 4018 inspection conducted pursuant to state or local firesafety 4019 requirements shall be by a person certified as having met the 4020 inspection training requirements set by the State Fire Marshal. 4021 Such person shall: 4022 (a) Be a high school graduate or the equivalent as 4023 determined by the department; 4024 (b) Not have been found guilty of, or having pleaded 4025 guilty or nolo contendere to, a felony or a crime punishable by 4026 imprisonment of year or more under the law of the United 4027 States, or of any state thereof, which involves moral turpitude, 4028 without regard to whether a judgment of conviction has been 4029 entered by the court having jurisdiction of such cases; 4030 (c) Have her or his fingerprints on file with the 4031 department or with an agency designated by the department; 4032 (d) Have good moral character as determined by the 4033 department; 4034 (e) Be at least years of age; 4035 (f) Have satisfactorily completed the firesafety inspector 4036 certification examination as prescribed by the department; and 4037 (g)1. Have satisfactorily completed, as determined by the 4038 department, a firesafety inspector training program of not less 4039 than hours established by the department and administered by 4040 agencies and institutions approved by the department for the 4041 purpose of providing basic certification training for firesafety 4042 inspectors; or 4043 2. Have received in another state training which is 4044 determined by the department to be at least equivalent to that 4045 required by the department for approved firesafety inspector 4046 education and training programs in this state. 4047 (3) Each special state firesafety inspection which is 4048 required by law and is conducted by or on behalf of an agency of 4049 the state must be performed by an individual who has met the 4050 provision of subsection (2), except that the duration of the 4051 training program shall not exceed hours of specific training 4052 for the type of property that such special state firesafety 4053 inspectors are assigned to inspect. 4054 (4) A firefighter certified pursuant to s. 633.35 may 4055 conduct firesafety inspections, under the supervision of a 4056 certified firesafety inspector, while on duty as a member of a 4057 fire department company conducting inservice firesafety 4058 inspections without being certified as a firesafety inspector, 4059 if such firefighter has satisfactorily completed an inservice 4060 fire department company inspector training program of at least 4061 hours' duration as provided by rule of the department. 4062 (5) Every firesafety inspector or special state firesafety 4063 inspector certificate is valid for a period of years from the 4064 date of issuance. Renewal of certification shall be subject to 4065 the affected person's completing proper application for renewal 4066 and meeting all of the requirements for renewal as established 4067 under this chapter or by rule promulgated thereunder, which 4068 shall include completion of at least hours during the 4069 preceding 3-year period of continuing education as required by 4070 the rule of the department or, in lieu thereof, successful 4071 passage of an examination as established by the department. 4072 (6) The State Fire Marshal may deny, refuse to renew, 4073 suspend, or revoke the certificate of a firesafety inspector or 4074 special state firesafety inspector if it finds that any of the 4075 following grounds exist: 4076 (a) Any cause for which issuance of a certificate could 4077 have been refused had it then existed and been known to the 4078 State Fire Marshal. 4079 (b) Violation of this chapter or any rule or order of the 4080 State Fire Marshal. 4081 (c) Falsification of records relating to the certificate. 4082 (d) Having been found guilty of or having pleaded guilty 4083 or nolo contendere to a felony, whether or not a judgment of 4084 conviction has been entered. 4085 (e) Failure to meet any of the renewal requirements. 4086 (f) Having been convicted of a crime in any jurisdiction 4087 which directly relates to the practice of fire code inspection, 4088 plan review, or administration. 4089 (g) Making or filing a report or record that the 4090 certificateholder knows to be false, or knowingly inducing 4091 another to file a false report or record, or knowingly failing 4092 to file a report or record required by state or local law, or 4093 knowingly impeding or obstructing such filing, or knowingly 4094 inducing another person to impede or obstruct such filing. 4095 (h) Failing to properly enforce applicable fire codes or 4096 permit requirements within this state which the 4097 certificateholder knows are applicable by committing willful 4098 misconduct, gross negligence, gross misconduct, repeated 4099 negligence, or negligence resulting in a significant danger to 4100 life or property. 4101 (i) Accepting labor, services, or materials at no charge 4102 or at a noncompetitive rate from any person who performs work 4103 that is under the enforcement authority of the certificateholder 4104 and who is not an immediate family member of the 4105 certificateholder. For the purpose of this paragraph, the term 4106 "immediate family member" means a spouse, child, parent, 4107 sibling, grandparent, aunt, uncle, or first cousin of the person 4108 or the person's spouse or any person who resides in the primary 4109 residence of the certificateholder. 4110 (7) The Division of State Fire Marshal and the Florida 4111 Building Code Administrators and Inspectors Board, established 4112 pursuant to s. 468.605, shall enter into a reciprocity agreement 4113 to facilitate joint recognition of continuing education 4114 recertification hours for certificateholders licensed under s. 4115 468.609 and firesafety inspectors certified under subsection 4116 (2). 4117 (8) The State Fire Marshal shall develop by rule an 4118 advanced training and certification program for firesafety 4119 inspectors having fire code management responsibilities. The 4120 program must be consistent with the appropriate provisions of 4121 NFPA 1037, or similar standards adopted by the division, and 4122 establish minimum training, education, and experience levels for 4123 firesafety inspectors having fire code management 4124 responsibilities. 4125 (9) The department shall provide by rule for the 4126 certification of firesafety inspectors. 4127 Section 100. Subsection (12) of section 641.495, Florida 4128 Statutes, is amended to read: 4129 641.495 Requirements for issuance and maintenance of 4130 certificate.-4131 (12) The provisions of part I of chapter do not apply 4132 to a health maintenance organization that, on or before January 4133 1, 1991, provides not more than outpatient holding beds for 4134 short-term and hospice-type patients in an ambulatory care 4135 facility for its members, provided that such health maintenance 4136 organization maintains current accreditation by the Joint 4137 Commission on Accreditation of Health Care Organizations,the 4138 Accreditation Association for Ambulatory Health Care, or the 4139 National Committee for Quality Assurance. 4140 Section 101. Subsection (13) of section 651.118, Florida 4141 Statutes, is amended to read: 4142 651.118 Agency for Health Care Administration; 4143 certificates of need; sheltered beds; community beds.-4144 (13) Residents, as defined in this chapter, are not 4145 considered new admissions for the purpose of s. 4146 400.141(1) (n) (o) 1. d. 4147 Section 102. Subsection (2) of section 766.1015, Florida 4148 Statutes, is amended to read: 4149 766.1015 Civil immunity for members of or consultants to 4150 certain boards, committees, or other entities.-4151 (2) Such committee, board, group, commission, or other 4152 entity must be established in accordance with state law or in 4153 accordance with requirements of the Joint Commission on 4154 Accreditation of Healthcare Organizations,established and duly 4155 constituted by one or more public or licensed private hospitals 4156 or behavioral health agencies, or established by a governmental 4157 agency. To be protected by this section, the act, decision, 4158 omission, or utterance may not be made or done in bad faith or 4159 with malicious intent. 4160 Section 103. Subsection (4) of section 766.202, Florida 4161 Statutes, is amended to read: 4162 766.202 Definitions; ss. 766.201-766.212.-As used in ss. 4163 766.201-766.212, the term: 4164 (4) "Health care provider" means any hospital, ambulatory 4165 surgical center, or mobile surgical facility as defined and 4166 licensed under chapter 395; a birth center licensed under 4167 chapter 383; any person licensed under chapter 458, chapter 459, 4168 chapter 460, chapter 461, chapter 462, chapter 463, part I of 4169 chapter 464, chapter 466, chapter 467, part XIV of chapter 468, 4170 or chapter 486; a clinical lab licensed under chapter 483; a 4171 health maintenance organization certificated under part I of 4172 chapter 641; a blood bank; a plasma center; an industrial 4173 clinic; a renal dialysis facility; or a professional association 4174 partnership, corporation, joint venture, or other association 4175 for professional activity by health care providers. 4176 Section 104. Paragraph (j) is added to subsection (3) of 4177 section 817.505, Florida Statutes, to read: 4178 817.505 Patient brokering prohibited; exceptions; 4179 penalties.-4180 (3) This section shall not apply to: 4181 (j) Any payments by an assisted living facility, as 4182 defined in s. 429.02, or any agreement for or solicitation, 4183 offer, or receipt of such payment by a referral service, which 4184 is permitted under s. 429.195(3). 4185 Section 105. The per-bed standard assisted living facility 4186 licensure fees, including the total fee, have been adjusted by 4187 the Consumer Price Index annually since 1998 and are not 4188 intended to be reset by this act. In addition to the Consumer 4189 Price Index adjustment, the per-bed fee is increased by $9 to 4190 neutralize the elimination of the limited nursing services 4191 specialty license fee. 4192 Section 106. This act shall take effect July 1, 2011.
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Health Care
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Creates exemption from public records requirements for information that identifies donor or prospective donor of donation made for benefit of publicly owned performing arts center if donor desires to remain anonymous; creates exemption from public records requirements for information identifying donor or prospective donor to direct-support organization of Legislative Research Center & Museum at Historic Capitol; provides for legislative review & repeal of exemptions; provides statement of public necessity.
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An act relating to public records; defining the term "publicly owned performing arts center"; creating an exemption from public records requirements for information that identifies a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center if the donor desires to remain anonymous; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; amending s. 272.136, F.S.; creating an exemption from public records requirements for information identifying a donor or prospective donor to the direct-support organization of the Legislative Research Center and Museum at the Historic Capitol; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; providing a statement of public necessity; providing an effective date. 19 Be It Enacted by the Legislature of the State of Florida: 21 Section 1. Confidentiality of certain donor information related to a publicly owned performing arts center.-(1) As used in this section, the term "publicly owned performing arts center" means a facility consisting of at least 200 seats, owned and operated by a county or municipality, which is used and occupied to promote development of any or all of the performing, visual, or fine arts or any or all matters relating thereto and to encourage and cultivate public and professional knowledge and appreciation of the arts. (2) If a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center desires to remain anonymous, information that would identify the name, address, or telephone number of that donor or prospective donor is confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. (3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15, Florida Statutes, and shall stand repealed on October 2, 2016, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. Subsection (7) is added to section 272.136, Florida Statutes, to read: 272.136 Direct-support organization.-The Legislative Research Center and Museum at the Historic Capitol and the Capitol Curator may establish a direct-support organization to provide assistance and promotional support through fundraising for the Florida Historic Capitol and the Legislative Research Center and Museum, including, but not limited to, their educational programs and initiatives. (7)(a) The identity of a donor or prospective donor to the direct-support organization who desires to remain anonymous and all information identifying such donor or prospective donor is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in any auditor's report created pursuant to the annual financial audits required under subsection (5). (b) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2016, unless reviewed and saved from repeal through reenactment by the Legislature. Section 3. The Legislature finds that it is a public necessity that information that would identify the name, address, or telephone number of a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center be made confidential and exempt from public records requirements if such donor or prospective donor desires to remain anonymous. The Legislature further finds that it is a public necessity that information identifying a donor or prospective donor to the direct-support organization for the Florida Historic Capitol and the Legislative Research Center and Museum be made confidential and exempt from public records requirements if such donor or prospective donor desires to remain anonymous. In order to encourage private support for publicly owned performing arts centers and the direct-support organization, it is a public necessity to promote the giving of gifts to, and the raising of private funds for, the acquisition, renovation, rehabilitation, and operation of publicly owned performing arts centers and the programming and preservation of the Florida Historic Capitol and the Legislative Research Center and Museum. An essential element of an effective plan for promoting the giving of private gifts and the raising of private funds is the need to protect the identity of prospective and actual donors who desire to remain anonymous. If the identity of prospective and actual donors who desire to remain anonymous is subject to disclosure, there is a chilling effect on donations because donors are concerned about disclosure of personal information leading to theft and, in particular, identity theft, including personal safety and security. Therefore, the Legislature finds that it is a public necessity to make confidential and exempt from public records requirements information that would identify a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center or a donor or prospective donor to the direct-support organization for the Florida Historic Capitol and the Legislative Research Center and Museum if such donor or prospective donor wishes to remain anonymous. Section 4. This act shall take effect October 1, 2011.
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Pub. Rec./Donor Information
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Exempts additional categories or kinds of insurance & types of commercial lines risks from certain filing requirements; deletes requirement that rate change notice include total premium written for exempt class; removes requirement that specified types of records & information be retained; requires retention of certain actuarial data; requires specified insurers & rating organizations to incur examination expenses; removes requirement that rating organization maintain certain statistics, etc.
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An act relating to commercial insurance rates; amending s. 627.062, F.S.; exempting additional categories or kinds of insurance and types of commercial lines risks from being subject to certain otherwise applicable rate filing requirements; deleting a requirement that an insurer's rate change notice include total premium written for an exempt class of insurance; removing a requirement that specified types of records and information related to a rate change be retained by an insurer; requiring actuarial data regarding a rate change for an exempt class of insurance be retained by an insurer for a specified time; requiring the insurer to incur examination expenses; removing a requirement that a rating organization maintain certain statistics related to changes to loss cost for exempt classes of insurance; requiring certain actuarial data related to loss cost be retained by a rating organization for a specified time; requiring a rating organization to incur examination expenses; deleting authority for the Office of Insurance Regulation to require all necessary information from an insurer in order to evaluate a rate change; amending s. 627.0651, F.S.; expanding an exemption from certain otherwise applicable rate filing requirements to include all commercial motor vehicle insurance; deleting a requirement that a commercial motor vehicle insurer's rate change notice include total premium written; removing a requirement that specified types of records and information related to a commercial motor vehicle insurance rate change be retained by an insurer; requiring actuarial data regarding a commercial motor vehicle insurance rate change be retained by an insurer for a specified time; requiring an insurer for commercial motor vehicle insurance to incur examination expenses; removing a requirement that a rating organization maintain certain statistics related to changes to loss cost for commercial motor vehicle insurance; requiring actuarial data related to loss cost for commercial motor vehicle insurance be retained by a rating organization for a specified time; requiring a rating organization for commercial motor vehicle insurance to incur examination expenses; deleting authority for the Office of Insurance Regulation to require all necessary information from an commercial motor vehicle insurer in order to evaluate a rate change; providing an effective date. 47 Be It Enacted by the Legislature of the State of Florida: 49 Section 1. Paragraph (d) of subsection (3) of section 627.062, Florida Statutes, is amended to read: 627.062 Rate standards.-(3) (d)1. The following categories or kinds of insurance and types of commercial lines risks are not subject to paragraph (2)(a) or paragraph (2)(f): a. Excess or umbrella. b. Surety and fidelity. c. Boiler and machinery and leakage and fire extinguishing equipment. d. Errors and omissions. e. Directors and officers, employment practices, fiduciary liability, and management liability. f. Intellectual property and patent infringement liability. g. Advertising injury and Internet liability insurance. h. Property risks rated under a highly protected risks rating plan. i. General liability. j. Nonresidential property, except for collateral protection insurance as defined in s. 624.6085. k. Nonresidential multiperil. l. Excess property. m. Burglary and theft. n. i. Any other commercial lines categories or kinds of insurance or types of commercial lines risks that the office determines should not be subject to paragraph (2)(a) or paragraph (2)(f) because of the existence of a competitive market for such insurance, similarity of such insurance to other categories or kinds of insurance not subject to paragraph (2)(a) or paragraph (2)(f), or to improve the general operational efficiency of the office. 2. Insurers or rating organizations shall establish and use rates, rating schedules, or rating manuals to allow the insurer a reasonable rate of return on insurance and risks described in subparagraph 1. which are written in this state. 3. An insurer must notify the office of any changes to rates for insurance and risks described in subparagraph 1. no later than days after the effective date of the change. The notice must include the name of the insurer, the type or kind of insurance subject to rate change, total premium written during the immediately preceding year by the insurer for the type or kind of insurance subject to the rate change, and the average statewide percentage change in rates. Actuarial data Underwriting files, premiums, losses, and expense statistics with regard to rates for insurance and risks described in subparagraph 1. written by an insurer shall be maintained by the insurer for years after the effective date of changes to those rates and are subject to examination by the office. The office may require the insurer to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the rate factors in paragraphs (2)(b), (c), and (d) and the standards in paragraph (2)(e) to determine if the rate is excessive, inadequate, or unfairly discriminatory. 4. A rating organization must notify the office of any changes to loss cost for insurance and risks described in subparagraph 1. no later than days after the effective date of the change. The notice must include the name of the rating organization, the type or kind of insurance subject to a loss cost change, loss costs during the immediately preceding year for the type or kind of insurance subject to the loss cost change, and the average statewide percentage change in loss cost. Actuarial data Loss and exposure statistics with regard to changes to loss cost for risks applicable to loss costs for a rating organization not subject to paragraph (2)(a) or paragraph (2)(f) shall be maintained by the rating organization for years after the effective date of the change and are subject to examination by the office. The office may require the rating organization to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the rate factors in paragraphs (2)(b)-(d) and the standards in paragraph (2)(e) to determine if the rate is excessive, inadequate, or unfairly discriminatory. 5. In reviewing a rate, the office may require the insurer to provide at the insurer's expense all information necessary to evaluate the condition of the company and the reasonableness of the rate according to the applicable criteria described in this section. Section 2. Subsection (14) of section 627.0651, Florida Statutes, is amended to read: 627.0651 Making and use of rates for motor vehicle insurance.-(14)(a) Commercial motor vehicle insurance covering a fleet of or more self-propelled vehicles is not subject to subsection (1), subsection (2), or subsection (9) or s. 627.0645. (b) The rates for insurance described in this subsection may not be excessive, inadequate, or unfairly discriminatory. (c) Insurers shall establish and use rates, rating schedules, or rating manuals to allow the insurer a reasonable rate of return on commercial motor vehicle insurance written in this state covering a fleet of or more self-propelled vehicles.(d) An insurer must notify the office of any changes to rates for type of insurance described in this subsection no later than days after the effective date of the change. The notice shall include the name of the insurer, the type or kind of insurance subject to rate change, total premium written during the immediately preceding year by the insurer for the type or kind of insurance subject to the rate change, and the average statewide percentage change in rates. Actuarial data with regard to rates for risks Underwriting files, premiums, losses, and expense statistics for the type of insurance described in this subsection shall be maintained by the insurer for years after the effective date of changes to those rates and are subject to examination by the office. The office may require the insurer to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the factors in paragraphs (2)(a)-(l) and apply subsections (3)-(8) to determine if the rate is excessive, inadequate, or unfairly discriminatory. (e) A rating organization must notify the office of any changes to loss cost for the type of insurance described in this subsection no later than days after the effective date of the change. The notice shall include the name of the rating organization, the type or kind of insurance subject to a loss cost change, loss costs during the immediately preceding year for the type or kind of insurance subject to the loss cost change, and the average statewide percentage change in loss cost. Actuarial data Loss and exposure statistics with regard to changes to loss cost for risks applicable to loss costs for a rating organization not subject to subsection (1), subsection (2), or subsection (9) shall be maintained by the rating organization for years after the effective date of the change and are subject to examination by the office. The office may require the rating organization to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the rate factors in paragraphs (2)(a)-(l) and apply subsections (3)-(8) to determine if the rate is excessive, inadequate, or unfairly discriminatory. (f) In reviewing the rate, the office may require the insurer to provide at the insurer's expense all information necessary to evaluate the condition of the company and the reasonableness of the rate according to the applicable criteria described herein. Section 3. This act shall take effect October 1, 2011.
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Commercial Insurance Rates
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Designates act "911 Good Samaritan Act"; provides that person acting in good faith who seeks medical assistance for someone experiencing drug-related overdose may not be charged with specified offenses; provides that person who experiences drug-related overdose & needs medical assistance may not be charged for specified offenses if evidence was obtained as result of overdose & need for assistance; provides that protections from prosecution are not grounds for suppression of evidence in other prosecutions, etc.
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WHEREAS, some research suggests that in a majority of cases of fatal drug overdose another person was aware of or present during the decedent's fatal drug use and that in one third of the cases someone recognized the decedent's distress, and WHEREAS, many people cite fear of police involvement or fear of arrest as their primary reason for not seeking immediate help for a person thought to be experiencing a drug overdose, and WHEREAS, it is in the public interest to encourage a person who is aware of or present during another individual's drug overdose to seek medical assistance for that individual, NOW, THEREFORE, 34 Be It Enacted by the Legislature of the State of Florida: 36 Section 1. This act may be cited as the "911 Good Samaritan Act." Section 2. Section 893.21, Florida Statutes, is created to read: 893.21 Drug-related overdoses; medical assistance; immunity from prosecution.-(1) A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the person's seeking medical assistance. (2) A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance. (3) Protection in this section from prosecution for possession offenses under this chapter may not be grounds for suppression of evidence in other criminal prosecutions. Section 3. Paragraph (n) is added to subsection (2) of section 921.0026, Florida Statutes, to read: 921.0026 Mitigating circumstances.-This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998. (2) Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to: (n) The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose. Section 4. This act shall take effect October 1, 2011.
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Drug-related Overdoses
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Authorizes governing bodies of certain municipalities to hold meetings within specified boundaries.
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An act relating to municipal governing body meetings; creating s. 166.0213, F.S.; authorizing the governing bodies of certain municipalities to hold meetings within specified boundaries; providing an effective date. 7 Be It Enacted by the Legislature of the State of Florida: 9 Section 1. Section 166.0213, Florida Statutes, is created to read: 166.0213 Governing body meetings.-The governing body of a municipality having a population of or fewer residents may hold meetings within miles of the exterior jurisdictional boundary of the municipality at such time and place as may be prescribed by ordinance or resolution. Section 2. This act shall take effect July 1, 2011.
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Municipal Governing Body Meetings
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Requires DOH to include in its environmental health program testing of air in enclosed ice skating rinks; authorizes department to adopt rules relating to air quality standards, monitoring, testing, recordkeeping, maintenance & operation of equipment that affects air quality, assessment of fees, enforcement, & penalties; authorizes department to enter & inspect enclosed ice skating rink at reasonable hours to determine compliance; authorizes department to impose fine.
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An act relating to ice skating rinks; amending s. 381.006, F.S.; requiring the Department of Health to include in its environmental health program the testing of the air in enclosed ice skating rinks; authorizing the department to adopt rules relating to air quality standards, monitoring, testing, recordkeeping, the maintenance and operation of equipment that affects air quality, assessment of fees, enforcement, and penalties; authorizing the department to enter and inspect an enclosed ice skating rink at reasonable hours to determine compliance with applicable air quality statutes or rules; amending s. 381.0061, F.S.; authorizing the department to impose a fine, which may not exceed a specified amount, for a violation of air quality standards for enclosed ice skating rinks; providing an effective date. 18 Be It Enacted by the Legislature of the State of Florida: 20 Section 1. Subsection (19) is added to section 381.006, Florida Statutes, to read: 381.006 Environmental health.-The department shall conduct an environmental health program as part of fulfilling the state's public health mission. The purpose of this program is to detect and prevent disease caused by natural and manmade factors in the environment. The environmental health program shall include, but not be limited to: (19) A function related to air quality inside an enclosed ice skating rink to protect the health and safety of visitors and employees of the enclosed ice skating rink from dangers associated with oxides of nitrogen (NOX), hydrocarbons (CXHX), carbon monoxide (CO), carbon dioxide (CO2), and other harmful gasses, vapors, or particles as identified by the department which change the air quality due to the operation of the ice rink. The department may adopt rules that include definitions; air quality standards and requirements for monitoring, testing, and recordkeeping; maintenance and operation requirements for equipment that affects air quality; requirements for ventilation of the facility; the required response activities if an operator violates air quality standards; the assessment of fees, which may not exceed the actual costs of administration; and requirements for enforcement, citations, and administrative penalties. The department may enter and inspect an enclosed ice skating rink at reasonable hours to determine compliance with applicable statutes or rules. 47 The department may adopt rules to carry out the provisions of this section. Section 2. Subsection (1) of section 381.0061, Florida Statutes, is amended to read: 381.0061 Administrative fines.-(1) In addition to any administrative action authorized by chapter or by other law, the department may impose a fine, which shall not exceed $500 for each violation, for a violation of s. 381.006(16), s. 381.006(19), s. 381.0065, s. 381.0066, s. 381.0072, or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of any of the provisions of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation. Section 3. This act shall take effect July 1, 2011.
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Ice Skating Rinks
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Designates act "Florida Safe Harbor Act"; provides legislative intent & goals; provides for presumption that placement of child alleged to have been sexually exploited in short-term safe house is necessary; provides requirements for findings in shelter hearing relating to placement of allegedly sexually exploited child in safe house; requires assessment of certain children; provides for use of such assessments; provides requirements for safe houses receiving such children; requires annual report on safe-house placements, etc.
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An act relating to sexual exploitation; providing a short title; amending s. 39.001, F.S.; providing legislative intent and goals; conforming cross-references; amending s. 39.01, F.S.; revising the definitions of the terms "abuse," "child who is found to be dependent," and "sexual abuse of a child"; amending s. 39.401, F.S.; requiring delivery of children alleged to be dependent and sexually exploited to short-term safe houses; amending s. 39.402, F.S.; providing for a presumption that placement of a child alleged to have been sexually exploited in a short-term safe house is necessary; providing requirements for findings in a shelter hearing relating to placement of an allegedly sexually exploited child in a short-term safe house; amending s. 39.521, F.S.; providing for a presumption that placement of a child alleged to have been sexually exploited in a safe house is necessary; creating s. 39.524, F.S.; requiring assessment of certain children for placement in a safe house; providing for use of such assessments; providing requirements for safe houses receiving such children; requiring an annual report concerning safe-house placements; creating s. 409.1678, F.S.; providing definitions; requiring circuits of the Department of Children and Family Services to address child welfare service needs of sexually exploited children as a component of their master plans; providing duties, responsibilities, and requirements for safe houses and their operators; providing for training for law enforcement officials who are likely to encounter sexually exploited children; amending s. 796.07, F.S.; providing for an increased civil penalty for soliciting another to commit prostitution or related acts; providing for disposition of proceeds; amending s. 960.065, F.S.; allowing victim compensation for sexually exploited children; amending s. 985.115, F.S.; conforming a provision to changes made by the act; amending ss. 985.145 and 985.15, F.S.; providing a presumption against filing a delinquency petition for certain prostitution-related offenses in certain circumstances; providing an effective date. 42 Be It Enacted by the Legislature of the State of Florida: 44 Section 1. This act may be cited as the "Florida Safe Harbor Act." Section 2. Subsections (4) through (12) of section 39.001, Florida Statutes, are renumbered as subsections (5) through (13), respectively, paragraph (c) of present subsection (7) and paragraph (b) of present subsection (9) are amended, and a new subsection (4) is added to that section, to read: 39.001 Purposes and intent; personnel standards and screening.-(4) SEXUAL EXPLOITATION SERVICES.-(a) The Legislature recognizes that child sexual exploitation is a serious problem nationwide and in this state. The children at greatest risk of being sexually exploited are runaways and throwaways. Many of these children have a history of abuse and neglect. The vulnerability of these children starts with isolation from family and friends. Traffickers maintain control of child victims through psychological manipulation, force, drug addiction, or the exploitation of economic, physical, or emotional vulnerability. Children exploited through the sex trade often find it difficult to trust adults because of their abusive experiences. These children make up a population that is difficult to serve and even more difficult to rehabilitate. Although minors are by law unable to consent to sexual activity, they are most often treated as perpetrators of crime rather than victims. Moreover, the historical treatment of such children as delinquents has too often resulted in the failure to successfully prosecute the trafficker, who is the true wrongdoer and threat to society. (b) The Legislature establishes the following goals for the state related to the status and treatment of sexually exploited children in the dependency process: 1. To ensure the safety of children. 2. To provide for the treatment of such children as dependent children rather than as delinquents. 3. To sever the bond between exploited children and traffickers and to reunite these children with their families or provide them with appropriate guardians. 4. To enable such children to be willing and reliable witnesses in the prosecution of traffickers. (c) The Legislature finds that sexually exploited children need special care and services in the dependency process, including counseling, health care, substance abuse treatment, educational opportunities, and a safe environment secure from traffickers. (d) The Legislature further finds that sexually exploited children need the special care and services described in paragraph (c) independent of their citizenship, residency, alien, or immigrant status. It is the intent of the Legislature that this state provide such care and services to all sexually exploited children in this state who are not otherwise receiving comparable services, such as those under the federal Trafficking Victims Protection Act, U.S.C. ss. 7101 et seq. (8) (7) OFFICE OF ADOPTION AND CHILD PROTECTION.-(c) The office is authorized and directed to: 1. Oversee the preparation and implementation of the state plan established under subsection (9) (8) and revise and update the state plan as necessary. 2. Provide for or make available continuing professional education and training in the prevention of child abuse and neglect. 3. Work to secure funding in the form of appropriations, gifts, and grants from the state, the Federal Government, and other public and private sources in order to ensure that sufficient funds are available for the promotion of adoption, support of adoptive families, and child abuse prevention efforts. 4. Make recommendations pertaining to agreements or contracts for the establishment and development of: a. Programs and services for the promotion of adoption, support of adoptive families, and prevention of child abuse and neglect. b. Training programs for the prevention of child abuse and neglect. c. Multidisciplinary and discipline-specific training programs for professionals with responsibilities affecting children, young adults, and families. d. Efforts to promote adoption. e. Postadoptive services to support adoptive families. 5. Monitor, evaluate, and review the development and quality of local and statewide services and programs for the promotion of adoption, support of adoptive families, and prevention of child abuse and neglect and shall publish and distribute an annual report of its findings on or before January 1 of each year to the Governor, the Speaker of the House of Representatives, the President of the Senate, the head of each state agency affected by the report, and the appropriate substantive committees of the Legislature. The report shall include: a. A summary of the activities of the office. b. A summary of the adoption data collected and reported to the federal Adoption and Foster Care Analysis and Reporting System (AFCARS) and the federal Administration for Children and Families. c. A summary of the child abuse prevention data collected and reported to the National Child Abuse and Neglect Data System (NCANDS) and the federal Administration for Children and Families. d. A summary detailing the timeliness of the adoption process for children adopted from within the child welfare system. e. Recommendations, by state agency, for the further development and improvement of services and programs for the promotion of adoption, support of adoptive families, and prevention of child abuse and neglect. f. Budget requests, adoption promotion and support needs, and child abuse prevention program needs by state agency. 6. Work with the direct-support organization established under s. 39.0011 to receive financial assistance. (10) (9) FUNDING AND SUBSEQUENT PLANS.-(b) The office and the other agencies and organizations listed in paragraph (9) (8) (a) shall readdress the state plan and make necessary revisions every years, at a minimum. Such revisions shall be submitted to the Speaker of the House of Representatives and the President of the Senate no later than June of each year divisible by 5. At least biennially, the office shall review the state plan and make any necessary revisions based on changing needs and program evaluation results. An annual progress report shall be submitted to update the state plan in the years between the 5-year intervals. In order to avoid duplication of effort, these required plans may be made a part of or merged with other plans required by either the state or Federal Government, so long as the portions of the other state or Federal Government plan that constitute the state plan for the promotion of adoption, support of adoptive families, and prevention of child abuse, abandonment, and neglect are clearly identified as such and are provided to the Speaker of the House of Representatives and the President of the Senate as required above. Section 3. Subsections (2) and (15) and paragraph (g) of subsection (67) of section 39.01, Florida Statutes, are amended to read: 39.01 Definitions.-When used in this chapter, unless the context otherwise requires: (2) "Abuse" means any willful act or threatened act that results in any physical, mental, or sexual abuse, injury,or harm that causes or is likely to cause the child's physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child. (15) "Child who is found to be dependent" means a child who, pursuant to this chapter, is found by the court: (a) To have been abandoned, abused, or neglected by the child's parent or parents or legal custodians; (b) To have been surrendered to the department, the former Department of Health and Rehabilitative Services, or a licensed child-placing agency for purpose of adoption; (c) To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, the department, or the former Department of Health and Rehabilitative Services, after which placement, under the requirements of this chapter, a case plan has expired and the parent or parents or legal custodians have failed to substantially comply with the requirements of the plan; (d) To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption, and a parent or parents have signed a consent pursuant to the Florida Rules of Juvenile Procedure; (e) To have no parent or legal custodians capable of providing supervision and care; or (f) To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents or legal custodians;or (g) To have been sexually exploited and to have no parent, legal custodian, or responsible adult relative currently known and capable of providing the necessary and appropriate supervision and care.(67) "Sexual abuse of a child" means one or more of the following acts: (g) The sexual exploitation of a child, which includes the act of a child offering to engage in or engaging in prostitution; or allowing, encouraging, or forcing a child to: 1. Solicit for or engage in prostitution; or 2. Engage in a sexual performance, as defined by chapter 827;or 3. Participate in the trade of sex trafficking as provided in s. 796.035.Section 4. Paragraph (b) of subsection (2) and paragraph (b) of subsection (3) of section 39.401, Florida Statutes, are amended to read: 39.401 Taking a child alleged to be dependent into custody; law enforcement officers and authorized agents of the department.-(2) If the law enforcement officer takes the child into custody, that officer shall: (b) Deliver the child to an authorized agent of the department, stating the facts by reason of which the child was taken into custody and sufficient information to establish probable cause that the child is abandoned, abused, or neglected, or otherwise dependent. In the case of a child for whom there is probable cause to believe he or she has been sexually exploited, the law enforcement officer shall deliver the child to the appropriate short-term safe house as provided for in s. 409.1678 if a short-term safe house is available. 240 For cases involving allegations of abandonment, abuse, or neglect, or other dependency cases, within days after such release or within days after delivering the child to an authorized agent of the department, the law enforcement officer who took the child into custody shall make a full written report to the department. (3) If the child is taken into custody by, or is delivered to, an authorized agent of the department, the agent shall review the facts supporting the removal with an attorney representing the department. The purpose of the review is to determine whether there is probable cause for the filing of a shelter petition. (b) If the facts are sufficient and the child has not been returned to the custody of the parent or legal custodian, the department shall file the petition and schedule a hearing, and the attorney representing the department shall request that a shelter hearing be held within hours after the removal of the child. While awaiting the shelter hearing, the authorized agent of the department may place the child in licensed shelter care,or in a short-term safe house if the child is a sexually exploited child, or may release the child to a parent or legal custodian or responsible adult relative or the adoptive parent of the child's sibling who shall be given priority consideration over a licensed placement, or a responsible adult approved by the department if this is in the best interests of the child. Placement of a child which is not in a licensed shelter must be preceded by a criminal history records check as required under s. 39.0138. In addition, the department may authorize placement of a housekeeper/homemaker in the home of a child alleged to be dependent until the parent or legal custodian assumes care of the child. Section 5. Subsection (2) and paragraphs (a), (d), and (h) of subsection (8) of section 39.402, Florida Statutes, are amended to read: 39.402 Placement in a shelter.-(2) A child taken into custody may be placed or continued in a shelter only if one or more of the criteria in subsection (1) apply applies and the court has made a specific finding of fact regarding the necessity for removal of the child from the home and has made a determination that the provision of appropriate and available services will not eliminate the need for placement. In the case of a child who is alleged to have been sexually exploited, there is a rebuttable presumption that placement in a short-term safe house is necessary. (8)(a) A child may not be held in a shelter longer than hours unless an order so directing is entered by the court after a shelter hearing. In the interval until the shelter hearing is held, the decision to place the child in a shelter or release the child from a shelter lies with the protective investigator. In the case of a child who is alleged to have been sexually exploited, there is a rebuttable presumption that placement in a short-term safe house is necessary. (d) At the shelter hearing, in order to continue the child in shelter care: 1. The department must establish probable cause that reasonable grounds for removal exist and that the provision of appropriate and available services will not eliminate the need for placement; 2. The department must establish probable cause for the belief that the child has been sexually exploited and, therefore, that placement in a short-term safe house is the most appropriate environment for the child; or 3. 2. The court must determine that additional time is necessary, which may not exceed hours, in which to obtain and review documents pertaining to the family in order to appropriately determine the risk to the child during which time the child shall remain in the department's custody, if so ordered by the court. (h) The order for placement of a child in shelter care must identify the parties present at the hearing and must contain written findings: 1. That placement in shelter care is necessary based on the criteria in subsections (1) and (2). 2. That placement in shelter care is in the best interest of the child. 3. That continuation of the child in the home is contrary to the welfare of the child because the home situation presents a substantial and immediate danger to the child's physical, mental, or emotional health or safety which cannot be mitigated by the provision of preventive services. 4. That based upon the allegations of the petition for placement in shelter care, there is probable cause to believe that the child is dependent or that the court needs additional time, which may not exceed hours, in which to obtain and review documents pertaining to the family in order to appropriately determine the risk to the child. 5. That the department has made reasonable efforts to prevent or eliminate the need for removal of the child from the home. A finding of reasonable effort by the department to prevent or eliminate the need for removal may be made and the department is deemed to have made reasonable efforts to prevent or eliminate the need for removal if: a. The first contact of the department with the family occurs during an emergency; b. The appraisal of the home situation by the department indicates that the home situation presents a substantial and immediate danger to the child's physical, mental, or emotional health or safety which cannot be mitigated by the provision of preventive services; c. The child cannot safely remain at home, either because there are no preventive services that can ensure the health and safety of the child or because, even with appropriate and available services being provided, the health and safety of the child cannot be ensured; d. The child has been sexually exploited; or e. d. The parent or legal custodian is alleged to have committed any of the acts listed as grounds for expedited termination of parental rights in s. 39.806(1)(f)-(i). 6. That the court notified the parents, relatives that are providing out-of-home care for the child, or legal custodians of the time, date, and location of the next dependency hearing and of the importance of the active participation of the parents, relatives that are providing out-of-home care for the child, or legal custodians in all proceedings and hearings. 7. That the court notified the parents or legal custodians of their right to counsel to represent them at the shelter hearing and at each subsequent hearing or proceeding, and the right of the parents to appointed counsel, pursuant to the procedures set forth in s. 39.013. 8. That the court notified relatives who are providing out-of-home care for a child as a result of the shelter petition being granted that they have the right to attend all subsequent hearings, to submit reports to the court, and to speak to the court regarding the child, if they so desire. Section 6. Paragraph (f) of subsection (1) and paragraph (d) of subsection (3) of section 39.521, Florida Statutes, are amended to read: 39.521 Disposition hearings; powers of disposition.-(1) A disposition hearing shall be conducted by the court, if the court finds that the facts alleged in the petition for dependency were proven in the adjudicatory hearing, or if the parents or legal custodians have consented to the finding of dependency or admitted the allegations in the petition, have failed to appear for the arraignment hearing after proper notice, or have not been located despite a diligent search having been conducted. (f) If the court places the child in an out-of-home placement, the disposition order must include a written determination that the child cannot safely remain at home with reunification or family preservation services and that removal of the child is necessary to protect the child. If the child is removed before the disposition hearing, the order must also include a written determination as to whether, after removal, the department made a reasonable effort to reunify the parent and child. Reasonable efforts to reunify are not required if the court finds that any of the acts listed in s. 39.806(1)(f)-(l) have occurred. The department has the burden of demonstrating that it made reasonable efforts. 1. For the purposes of this paragraph, the term "reasonable effort" means the exercise of reasonable diligence and care by the department to provide the services ordered by the court or delineated in the case plan. 2. In support of its determination as to whether reasonable efforts have been made, the court shall: a. Enter written findings as to whether prevention or reunification efforts were indicated. b. If prevention or reunification efforts were indicated, include a brief written description of what appropriate and available prevention and reunification efforts were made. c. Indicate in writing why further efforts could or could not have prevented or shortened the separation of the parent and child. 3. A court may find that the department made a reasonable effort to prevent or eliminate the need for removal if: a. The first contact of the department with the family occurs during an emergency; b. The appraisal by the department of the home situation indicates a substantial and immediate danger to the child's safety or physical, mental, or emotional health which cannot be mitigated by the provision of preventive services; c. The child cannot safely remain at home, because there are no preventive services that can ensure the health and safety of the child or, even with appropriate and available services being provided, the health and safety of the child cannot be ensured.There is a rebuttable presumption that any child who has been found to be a victim of sexual exploitation as defined in s. 39.01(67)(g) meets the terms of this sub-subparagraph;or d. The parent is alleged to have committed any of the acts listed as grounds for expedited termination of parental rights under s. 39.806(1)(f)-(l). 4. A reasonable effort by the department for reunification has been made if the appraisal of the home situation by the department indicates that the severity of the conditions of dependency is such that reunification efforts are inappropriate. The department has the burden of demonstrating to the court that reunification efforts were inappropriate. 5. If the court finds that the prevention or reunification effort of the department would not have permitted the child to remain safely at home, the court may commit the child to the temporary legal custody of the department or take any other action authorized by this chapter. (3) When any child is adjudicated by a court to be dependent, the court shall determine the appropriate placement for the child as follows: (d) If the child cannot be safely placed in a nonlicensed placement, the court shall commit the child to the temporary legal custody of the department. Such commitment invests in the department all rights and responsibilities of a legal custodian. The department shall not return any child to the physical care and custody of the person from whom the child was removed, except for court-approved visitation periods, without the approval of the court. Any order for visitation or other contact must conform to the provisions of s. 39.0139. There is a rebuttable presumption that any child who has been found to be a victim of sexual exploitation as defined in s. 39.01(67)(g) be committed to a safe house as provided for in s. 409.1678. The term of such commitment continues until terminated by the court or until the child reaches the age of 18. After the child is committed to the temporary legal custody of the department, all further proceedings under this section are governed by this chapter. 452 Protective supervision continues until the court terminates it or until the child reaches the age of 18, whichever date is first. Protective supervision shall be terminated by the court whenever the court determines that permanency has been achieved for the child, whether with a parent, another relative, or a legal custodian, and that protective supervision is no longer needed. The termination of supervision may be with or without retaining jurisdiction, at the court's discretion, and shall in either case be considered a permanency option for the child. The order terminating supervision by the department shall set forth the powers of the custodian of the child and shall include the powers ordinarily granted to a guardian of the person of a minor unless otherwise specified. Upon the court's termination of supervision by the department, no further judicial reviews are required, so long as permanency has been established for the child. Section 7. Section 39.524, Florida Statutes, is created to read: 39.524 Safe-harbor placement.-(1) Except as provided in s. 39.407, any dependent child years of age or older who has been found to be a victim of sexual exploitation as defined in s. 39.01(67)(g) must be assessed for placement in a safe house as provided in s. 409.1678. The assessment shall be conducted by the department or its agent and shall incorporate and address current and historical information from any law enforcement reports; psychological testing or evaluation that has occurred; current and historical information from the guardian ad litem, if one has been assigned; current and historical information from any current therapist, teacher, or other professional who has knowledge of the child and has worked with the child; and any other information concerning the availability and suitability of safe-house placement. If such placement is determined to be appropriate as a result of this procedure, the child must be placed in a safe house, if one is available. As used in this section, the term "available" as it relates to a placement means a placement that is located within the circuit or that is otherwise reasonably accessible. (2) The results of the assessment described in subsection (1) and the actions taken as a result of the assessment must be included in the next judicial review of the child. At each subsequent judicial review, the court must be advised in writing of the status of the child's placement, with special reference regarding the stability of the placement and the permanency planning for the child. (3) Any safe house that receives children under this section shall establish special permanency teams dedicated to overcoming the special permanency challenges presented by this population of children. Each facility shall report to the department its success in achieving permanency for children placed by the department in its care at intervals that allow the current information to be provided to the court at each judicial review for the child. (4)(a) By December of each year, the department shall report to the Legislature on the placement of children in safe houses during the year, including the criteria used to determine the placement of children, the number of children who were evaluated for placement, the number of children who were placed based upon the evaluation, and the number of children who were not placed. (b) The department shall maintain data specifying the number of children who were referred to a safe house for whom placement was unavailable and the counties in which such placement was unavailable. The department shall include this data in its report under this subsection so that the Legislature may consider this information in developing the General Appropriations Act. Section 8. Section 409.1678, Florida Statutes, is created to read: 409.1678 Safe harbor for children who are victims of sexual exploitation.-(1) As used in this section, the term: (a) "Child advocate" means an employee of a short-term safe house who has been trained to work with and advocate for the needs of sexually exploited children. The advocate shall accompany the child to all court appearances, meetings with law enforcement, and the state attorney's office and shall serve as a liaison between the short-term safe house and the court. (b) "Safe house" means a living environment that has set aside gender-specific, separate, and distinct living quarters for sexually exploited children who have been adjudicated dependent or delinquent and need to reside in a secure residential facility with staff members awake hours a day. A safe house shall be operated by a licensed family foster home or residential child-caring agency as defined in s. 409.175, including a runaway youth center as defined in s. 409.441. Each facility must be appropriately licensed in this state as a residential child-caring agency as defined in s. 409.175 and must be accredited by July 1, 2012. A safe house serving children who have been sexually exploited must have available staff or contract personnel with the clinical expertise, credentials, and training to provide services identified in paragraph (2)(b). (c) "Secure" means that a child is supervised hours a day by staff members who are awake while on duty. (d) "Sexually exploited child" means a dependent child who has suffered sexual exploitation as defined in s. 39.01(67)(g) and is ineligible for relief and benefits under the federal Trafficking Victims Protection Act, U.S.C. ss. 7101 et seq. (e) "Short-term safe house" means a shelter operated by a licensed residential child-caring agency as defined in s. 409.175, including a runaway youth center as defined in s. 409.441, that has set aside gender-specific, separate, and distinct living quarters for sexually exploited children. In addition to shelter, the house shall provide services and care to sexually exploited children, including food, clothing, medical care, counseling, and appropriate crisis intervention services at the time they are taken into custody by law enforcement or the department. (2)(a) Notwithstanding any other provision of law, pursuant to regulations of the department, every circuit of the department shall address the child welfare service needs of sexually exploited children as a component of the circuit's master plan. This determination shall be made in consultation with local law enforcement, runaway and homeless youth program providers, local probation departments, local community-based care and social services, local guardians ad litem, public defenders, state attorney's offices, and child advocates and services providers who work directly with sexually exploited youth. (b) The lead agency, not-for-profit agency, or local government entity providing safe-house services is responsible for security, crisis intervention services, general counseling and victim-witness counseling, a comprehensive assessment, residential care, transportation, access to behavioral health services, recreational activities, food, clothing, supplies, infant care, and miscellaneous expenses associated with caring for these children; for necessary arrangement for or provision of educational services, including life skills services and planning services to successfully transition residents back to the community; and for ensuring necessary and appropriate health and dental care. (c) This section does not prohibit any provider of these services from appropriately billing Medicaid for services rendered, from contracting with a local school district for educational services, or from obtaining federal or local funding for services provided, as long as two or more funding sources do not pay for the same specific service that has been provided to a child. (d) The lead agency, not-for-profit agency, or local government entity providing safe-house services has the legal authority for children served in a safe-house program, as provided in chapter or this chapter, as appropriate, to enroll the child in school, to sign for a driver's license for the child, to cosign loans and insurance for the child, to sign for medical treatment of the child, and to authorize other such activities. (e) All of the services created under this section may, to the extent possible provided by law, be available to all sexually exploited children whether they are accessed voluntarily, as a condition of probation, through a diversion program, through a proceeding under chapter 39, or through a referral from a local community-based care or social service agency. (3) The local circuit administrator may, to the extent that funds are available, in conjunction with local law enforcement officials, contract with an appropriate not-for-profit agency having experience working with sexually exploited children to train law enforcement officials who are likely to encounter sexually exploited children in the course of their law enforcement duties on the provisions of this section and how to identify and obtain appropriate services for sexually exploited children. Circuits may work cooperatively to provide such training, and such training may be provided on a regional basis. The department shall assist circuits in obtaining any available funds for the purposes of conducting law enforcement training from the Office of Juvenile Justice and Delinquency Prevention of the United States Department of Justice. Section 9. Paragraph (f) of subsection (2) of section 796.07, Florida Statutes, is republished, and subsection (6) of that section is amended, to read: 796.07 Prohibiting prostitution and related acts,etc.; evidence; penalties; definitions.-(2) It is unlawful: (f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation. (6) A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 $500 if the violation results in any judicial disposition other than acquittal or dismissal. Of the proceeds from each penalty penalties assessed under this subsection,$500 shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under s. 397.334 and $4,500 shall be paid to the Department of Children and Family Services for the sole purpose of funding safe houses and short-term safe houses as provided in s. 409.1678.Section 10. Section 960.065, Florida Statutes, is amended to read: 960.065 Eligibility for awards.-(1) Except as provided in subsection (2), the following persons shall be eligible for awards pursuant to this chapter: (a) A victim. (b) An intervenor. (c) A surviving spouse, parent or guardian, sibling, or child of a deceased victim or intervenor. (d) Any other person who is dependent for his or her principal support upon a deceased victim or intervenor. (2) Any claim filed by or on behalf of a person who: (a) Committed or aided in the commission of the crime upon which the claim for compensation was based; (b) Was engaged in an unlawful activity at the time of the crime upon which the claim for compensation is based; (c) Was in custody or confined, regardless of conviction, in a county or municipal detention facility, a state or federal correctional facility, or a juvenile detention or commitment facility at the time of the crime upon which the claim for compensation is based; (d) Has been adjudicated as a habitual felony offender, habitual violent offender, or violent career criminal under s. 775.084; or (e) Has been adjudicated guilty of a forcible felony offense as described in s. 776.08, 665 is ineligible shall not be eligible for an award. (3) Any claim filed by or on behalf of a person who was in custody or confined, regardless of adjudication, in a county or municipal facility, a state or federal correctional facility, or a juvenile detention, commitment, or assessment facility at the time of the crime upon which the claim is based, who has been adjudicated as a habitual felony offender under s. 775.084, or who has been adjudicated guilty of a forcible felony offense as described in s. 776.08, renders the person ineligible shall not be eligible for an award. Notwithstanding the foregoing, upon a finding by the Crime Victims' Services Office of the existence of mitigating or special circumstances that would render such a disqualification unjust, an award may be approved. A decision that mitigating or special circumstances do not exist in a case subject to this section does shall not constitute final agency action subject to review pursuant to ss. 120.569 and 120.57. (4) Payment may not be made under this chapter if the person who committed the crime upon which the claim is based will receive any direct or indirect financial benefit from such payment, unless such benefit is minimal or inconsequential. Payment may not be denied based on the victim's familial relationship to the offender or based upon the sharing of a residence by the victim and offender, except to prevent unjust enrichment of the offender. (5) A person is not ineligible for an award pursuant to paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that person is a victim of sexual exploitation of a child as defined in s. 39.01(67)(g). Section 11. Paragraph (b) of subsection (2) of section 985.115, Florida Statutes, is amended to read: 985.115 Release or delivery from custody.-(2) Unless otherwise ordered by the court under s. 985.255 or s. 985.26, and unless there is a need to hold the child, a person taking a child into custody shall attempt to release the child as follows: (b) Contingent upon specific appropriation, to a shelter approved by the department or to an authorized agent or short-term safe house under s. 39.401(2)(b). Section 12. Paragraph (i) of subsection (1) of section 985.145, Florida Statutes, is amended to read: 985.145 Responsibilities of juvenile probation officer during intake; screenings and assessments.-(1) The juvenile probation officer shall serve as the primary case manager for the purpose of managing, coordinating, and monitoring the services provided to the child. Each program administrator within the Department of Children and Family Services shall cooperate with the primary case manager in carrying out the duties and responsibilities described in this section. In addition to duties specified in other sections and through departmental rules, the assigned juvenile probation officer shall be responsible for the following: (i) Recommendation concerning a petition.-Upon determining that the report, affidavit, or complaint complies with the standards of a probable cause affidavit and that the interests of the child and the public will be best served, the juvenile probation officer may recommend that a delinquency petition not be filed. If such a recommendation is made, the juvenile probation officer shall advise in writing the person or agency making the report, affidavit, or complaint, the victim, if any, and the law enforcement agency having investigative jurisdiction over the offense of the recommendation; the reasons therefor; and that the person or agency may submit, within days after the receipt of such notice, the report, affidavit, or complaint to the state attorney for special review. In the case of a report, affidavit, or complaint alleging a violation of s. 796.07(2)(f), there is a presumption that the juvenile probation officer recommend that a petition not be filed unless the child has previously been adjudicated delinquent. The state attorney, upon receiving a request for special review, shall consider the facts presented by the report, affidavit, or complaint, and by the juvenile probation officer who made the recommendation that no petition be filed, before making a final decision as to whether a petition or information should or should not be filed. Section 13. Paragraph (c) of subsection (1) of section 985.15, Florida Statutes, is amended to read: 985.15 Filing decisions.-(1) The state attorney may in all cases take action independent of the action or lack of action of the juvenile probation officer and shall determine the action that is in the best interest of the public and the child. If the child meets the criteria requiring prosecution as an adult under s. 985.556, the state attorney shall request the court to transfer and certify the child for prosecution as an adult or shall provide written reasons to the court for not making such a request. In all other cases, the state attorney may: (c) File a petition for delinquency.In the case of a report, affidavit, or complaint alleging a violation of s. 796.07(2)(f), there is a presumption that a petition not be filed unless the child has previously been adjudicated delinquent;Section 14. This act shall take effect January 1, 2012.
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Sexual Exploitation
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Requires approval by Legislature of any vote taken by commission that approves increase in rates charged to customers for electric, natural gas, telecommunications, water, or wastewater service before vote of commission takes effect.
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An act relating to the Public Service Commission; creating s. 350.129, F.S.; requiring approval by the Legislature of any vote taken by the commission which approves an increase in rates charged to customers for electric, natural gas, telecommunications, water, or wastewater service before the vote of the commission takes effect; providing an effective date. 10 Be It Enacted by the Legislature of the State of Florida: 12 Section 1. Section 350.129, Florida Statutes, is created to read: 350.129 Legislative approval of rate increases.-Before taking effect, a vote by the Public Service Commission approving an increase in rates charged to customers for electric, natural gas, telecommunications, water, or wastewater service must be ratified by a majority vote of the Senate and the House of Representatives. Section 2. This act shall take effect January 1, 2012.
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Public Service Commission
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Revises penalties for knowingly driving while driver's license or driving privilege is canceled, suspended, or revoked; revises procedures for impoundment or immobilization of vehicle.
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An act relating to driving without a valid driver license; amending s. 318.18, F.S.; providing an additional fine for a violation of specified provisions relating to driving with a canceled, suspended, or revoked driver's license or driving privilege; providing increased fine amounts for second or subsequent violations; amending s. 318.21, F.S.; providing for distribution of such fines collected; amending s. 322.34, F.S.; revising penalties for knowingly driving while the driver's license or driving privilege is canceled, suspended, or revoked; revising procedures for impoundment or immobilization of the vehicle; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Subsection (22) is added to section 318.18, Florida Statutes, to read: 318.18 Amount of penalties.-The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows: (22) For a person knowingly driving any motor vehicle upon the highways of this state while the person's license or privilege to drive is canceled, suspended, or revoked in violation of s. 322.34(2), in addition to the fine under paragraph (3)(a), upon: (a) A first offense, $500 before release of the vehicle from immobilization or impoundment. (b) A second offense, $1,000 before release of the vehicle from immobilization or impoundment. (c) A third or subsequent offense, $1,500 before release of the vehicle from immobilization or impoundment. Section 2. Subsection (22) is added to section 318.21, Florida Statutes, to read: 318.21 Disposition of civil penalties by county courts.-All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows: (22) Notwithstanding subsections (1) and (2), the proceeds from the penalties imposed pursuant to s. 318.18(22) shall be distributed as follows: (a) For violations committed within a municipality, percent shall be distributed to the municipality, percent shall be distributed to the county, and percent shall be distributed to the agency or company that towed and stored the vehicle. (b) For violations committed outside a municipality, percent shall be distributed to the county and percent shall be distributed to the agency or company that towed and stored the vehicle. Section 3. Section 322.34, Florida Statutes, is amended to read: 322.34 Driving while license suspended, revoked, canceled, or disqualified.-(1) Except as provided in subsection (2), Any person whose driver's license or driving privilege has been canceled, suspended, or revoked, except a " habitual traffic offender " as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked commits is guilty of a moving violation, punishable as provided in chapter 318. (2) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except a habitual traffic offender as persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked commits a moving violation, punishable as provided in chapter 318, and the motor vehicle being driven at the time of the offense shall be immediately immobilized or impounded.,upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 82 The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation. (3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section. (4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person's driver's license must contain a provision notifying the person that his or her driver's license has been canceled, suspended, or revoked. (5) Any person whose driver's license has been revoked pursuant to s. 322.264 as a ( habitual traffic offender ) and who drives any motor vehicle upon the highways of this state while such license is revoked commits is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Any person who operates a motor vehicle: (a) Without having a driver's license as required under s. 322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), 113 and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any person whose driver's license or driving privilege has been canceled, suspended, revoked, or disqualified and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, upon: (a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8)(a) Upon issuing a citation to the arrest of a person for a violation of subsection (2), knowingly the offense of driving while the person's driver's license or driving privilege is suspended or revoked, the law enforcement arresting officer shall immediately impound or immobilize the vehicle. determine: 1. Whether the person's driver's license is suspended or revoked. 2. Whether the person's driver's license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license. 3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders. 4. Whether the driver is the registered owner or coowner of the vehicle. (b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle. (b) (c) Within business days after the date the vehicle is impounded or immobilized arresting agency impounds or immobilizes the vehicle,either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person who was cited arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle. (c) (d) Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail within business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized. (d) (e) Except as provided in paragraph (c) (d),the vehicle shall remain impounded or immobilized for any period imposed by the court until payment of the applicable amount required under s. 318.18 and:1. The person retrieving the vehicle owner presents to the law enforcement agency proof of a valid driver's license, proof of ownership of the vehicle or written consent by the owner authorizing release to the person, and proof of insurance to the arresting agency;or 2. The owner presents to the law enforcement agency proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency. 196 If proof is not presented within days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78. (e) (f) The owner of a vehicle that is impounded or immobilized under this subsection may, within days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle. (9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.706 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person's driver's license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence. (b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department. (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency and percent shall be deposited in the General Revenue Fund for use by regional workforce boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation. (10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the procedures penalties provided in paragraph (b) apply if a person's driver's license or driving privilege is canceled, suspended, or revoked for: 1. Failing to pay child support as provided in s. 322.245 or s. 61.13016; 2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1); 3. Failing to comply with a civil penalty required in s. 318.15; 4. Failing to maintain vehicular financial responsibility as required by chapter 324; 5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or 6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver's license or driver privilege for any underlying violation listed in subparagraphs 1.-5. (b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) (11)(a) A person who does not hold a commercial driver's license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10) (a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld and the clerk of the court, designated official, or authorized operator of a traffic violations bureau shall issue a certificate releasing the vehicle upon payment of the cost of towing and storing the vehicle.However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding months. A person may not make more than three elections under this subsection. (c) (b) If adjudication is withheld under paragraph (b) (a),such action is not a conviction. Section 4. This act shall take effect January 1, 2012.
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Driving Without a Valid Driver License
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Creates "Florida's One-Stop Business Connect Act"; requires Governor to direct certain state agencies to jointly conduct review of state's requirements for starting, licensing, & operating business & examine feasibility of establishing single online portal for accessing such requirements; provides review requirements; requires Governor to submit report & recommendations to Legislature by specified date.
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An act relating to streamlining the issuance of licenses, certifications, and registrations issued by state agencies; providing a short title; providing legislative findings and intent; requiring the Governor to direct certain state agencies to jointly conduct a review of the state's requirements for starting, licensing, and operating a business and examine the feasibility of establishing a single online portal for accessing such requirements; providing review requirements; requiring the Governor to submit a report and recommendations to the Legislature by a specified date; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. (1) This act may be cited as "Florida's One-Stop Business Connect Act." (2) The Legislature finds that: (a) Individuals who start and operate businesses in this state must interact with multiple state agencies to obtain licenses, registrations, and tax certificates needed to legally operate in the state. This process can be time-consuming and frustrating for businesses and often requires business owners to provide similar information to multiple agencies. (b) State government requirements for starting and operating a business in the state are often cumbersome and place avoidable burdens on business owners. For several years, the Legislature has recognized that these requirements do not serve to promote the state as a business-friendly state that actively supports the growth of jobs, businesses, and economic opportunities. (c) A phased, deliberative, and collaborative approach should be considered to streamline and automate the state's business processes; to simplify business requirements and eliminate unnecessary business requirements; and to provide a single point of entry for businesses to complete business transactions with the state. (3) It is the intent of the Legislature that the state review all state requirements for starting, licensing, and operating a business and examine the feasibility of establishing an online connection that is easily accessible through one of the state's official portals and that provides an efficient and effective online, self-service method for an individual to access state requirements for starting, licensing, and operating a business. (4)(a) The Governor shall direct the secretary or agency head, or the designee of the secretary or agency head, of the following state agencies to work jointly to review all state requirements for starting, licensing, and operating a business and examine the feasibility of establishing an online connection that provides a single point of entry for businesses to complete business transactions with the state: 1. The Agency for Health Care Administration. 2. The Department of Business and Professional Regulation. 3. The Department of Children and Family Services. 4. The Department of Health. 5. The Department of State. 6. The Department of Revenue. 7. The Agency for Enterprise Information Technology. (b) Other agencies that interact with businesses are encouraged to participate, including, but not limited to, the Department of Financial Services and the Department of Agriculture and Consumer Services. (c) To the extent that funds are available within the participating agencies' budgets, the agencies shall: 1. Compile a complete, categorical inventory of all business licenses, certifications, and registrations required by each participating agency, including information regarding relevant laws and rules. 2. Analyze the business licensing, certification, and registration processes for each agency and identify processes that disrupt workflow and result in duplication, waste, unnecessary complexity, and errors and the root causes of those errors. 3. Recommend the standardization and automation of business licensing, certification, and registration processes where appropriate. (d) By December 15, 2011, the Governor shall submit to the President of the Senate and the Speaker of the House of Representatives a report and recommendations for establishing a single online portal for accessing state requirements for starting, licensing, and operating a business. Section 2. This act shall take effect upon becoming a law.
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Issuance of Licenses/Certifications/Registrations
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Authorizes extension to school district educational plant survey submission deadline; provides restrictions; provides requirements for submission of request for extension to DOE & requires department approval; provides restrictions on school district construction during extension period.
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An act relating to educational plant surveys; amending s. 1013.31, F.S.; authorizing an extension to a school district educational plant survey submission deadline; providing restrictions; providing requirements for the submission of a request for an extension to the Department of Education and requiring department approval; providing restrictions on school district construction during the extension period; requiring the State Board of Education to adopt rules; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Paragraph (e) is added to subsection (1) of section 1013.31, Florida Statutes, to read: 1013.31 Educational plant survey; localized need assessment; PECO project funding.-(1) At least every years, each board shall arrange for an educational plant survey, to aid in formulating plans for housing the educational program and student population, faculty, administrators, staff, and auxiliary and ancillary services of the district or campus, including consideration of the local comprehensive plan. The Department of Education shall document the need for additional career and adult education programs and the continuation of existing programs before facility construction or renovation related to career or adult education may be included in the educational plant survey of a school district or community college that delivers career or adult education programs. Information used by the Department of Education to establish facility needs must include, but need not be limited to, labor market data, needs analysis, and information submitted by the school district or community college. (e) Request for extension.-1. Upon request by a district school superintendent to the Department of Education and upon approval by the department, an extension to a survey submission deadline may be granted for up to days, not to exceed four consecutive extensions per survey. A request for an extension to a survey submission deadline must be submitted to the department no later than days prior to the current submission deadline. A request shall contain the following: a. A letter from the district school superintendent to the department, submitted on behalf of the district school board and on district school board letterhead, formally requesting an extension which cites the specific need for the extension. b. A formal application, developed by the department, that includes sections for the following information: the purpose for requesting the extension; data that clearly and objectively supports the need for the extension; the signatures of all current district school board members; and the signature of the director of the department responsible for oversight of the educational facility planning, design, and construction for the school district, if one exists. 2. School districts may not contract for new construction projects, except for local bonded projects and those financed with the voter-approved one-half-cent cent sales surtax for public school capital outlay authorized by s. 212.055(6), during an extension period. 3. The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this paragraph. Section 2. This act shall take effect July 1, 2011.
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Educational Plant Surveys
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Specifies order for applying tax credit for employment of homeless; redefines term "adjusted federal income" to include adjustment for tax credit; provides definitions; provides tax credit for corporation hiring homeless person who resides in transitional, permanent supportive, or permanent housing facility; specifies information to be provided to DOR when applying for credit; provides for unused credit carryover; requires filing application with DOR by specified date annually; provides penalties for fraudulently claiming tax credit. etc.
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An act relating to employment of the homeless; amending s. 220.02, F.S.; specifying the order for applying the tax credit for employment of the homeless; amending s. 220.13, F.S.; redefining the term "adjusted federal income" to include an adjustment for such tax credit; creating s. 220.194, F.S.; providing definitions; providing a tax credit for a corporation that hires a homeless person residing in a transitional, permanent supportive, or permanent housing facility; specifying the information that must be provided to the Department of Revenue when applying for the credit; providing for the carryover of unused credits; requiring that the application be filed with the department by a specified date each year; providing penalties for fraudulently claiming the tax credit; limiting the total amount of tax credits that may be granted per taxable year; authorizing the department to adopt rules; providing for the expiration of the tax credit; requiring that the department collect certain data; providing an effective date. 22 Be It Enacted by the Legislature of the State of Florida: 24 Section 1. Subsection (8) of section 220.02, Florida Statutes, is amended to read: 220.02 Legislative intent.-(8) It is the intent of the Legislature that credits against either the corporate income tax or the franchise tax be applied in the following order: those enumerated in s. 631.828, those enumerated in s. 220.191, those enumerated in s. 220.181, those enumerated in s. 220.183, those enumerated in s. 220.182, those enumerated in s. 220.1895, those enumerated in s. 221.02, those enumerated in s. 220.184, those enumerated in s. 220.186, those enumerated in s. 220.1845, those enumerated in s. 220.19, those enumerated in s. 220.185, those enumerated in s. 220.1875, those enumerated in s. 220.192, those enumerated in s. 220.193, those enumerated in s. 288.9916, those enumerated in s. 220.1899, and those enumerated in s. 220.1896,and those enumerated under s. 220.194.Section 2. Paragraph (a) of subsection (1) of section 220.13, Florida Statutes, is amended to read: 220.13 "Adjusted federal income" defined.-(1) The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of more than one taxpayer as provided in s. 220.131, for the taxable year, adjusted as follows: (a) Additions.-There shall be added to such taxable income: 1. The amount of any tax upon or measured by income, excluding taxes based on gross receipts or revenues, paid or accrued as a liability to the District of Columbia or any state of the United States which is deductible from gross income in the computation of taxable income for the taxable year. 2. The amount of interest which is excluded from taxable income under s. 103(a) of the Internal Revenue Code or any other federal law, less the associated expenses disallowed in the computation of taxable income under s. of the Internal Revenue Code or any other law, excluding percent of any amounts included in alternative minimum taxable income, as defined in s. 55(b)(2) of the Internal Revenue Code, if the taxpayer pays tax under s. 220.11(3). 3. In the case of a regulated investment company or real estate investment trust, an amount equal to the excess of the net long-term capital gain for the taxable year over the amount of the capital gain dividends attributable to the taxable year. 4. That portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.181. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 5. That portion of the ad valorem school taxes paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.182. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 6. The amount of emergency excise tax paid or accrued as a liability to this state under chapter which tax is deductible from gross income in the computation of taxable income for the taxable year. 7. That portion of assessments to fund a guaranty association incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year. 8. In the case of a nonprofit corporation which holds a pari-mutuel permit and which is exempt from federal income tax as a farmers' cooperative, an amount equal to the excess of the gross income attributable to the pari-mutuel operations over the attributable expenses for the taxable year. 9. The amount taken as a credit for the taxable year under s. 220.1895. 10. Up to nine percent of the eligible basis of any designated project which is equal to the credit allowable for the taxable year under s. 220.185. 11. The amount taken as a credit for the taxable year under s. 220.1875. The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax. This addition is not intended to result in adding the same expense back to income more than once. 12. The amount taken as a credit for the taxable year under s. 220.192. 13. The amount taken as a credit for the taxable year under s. 220.193. 14. Any portion of a qualified investment, as defined in s. 288.9913, which is claimed as a deduction by the taxpayer and taken as a credit against income tax pursuant to s. 288.9916. 15. The costs to acquire a tax credit pursuant to s. 288.1254(5) that are deducted from or otherwise reduce federal taxable income for the taxable year. 16. The amount taken as a credit for the taxable year under s. 220.194. Section 3. Section 220.194, Florida Statutes, is created to read: 220.194 Tax credit for employment of the homeless.-(1) As used in this section, the term: (a) "Continuously employed" means that an employee has worked for the corporation for at least hours during each 30-day period and has been employed at least months following the date that the employee began working for the corporation on or after July 1, 2011. (b) "Homeless person" means an individual whose primary nighttime residence is a transitional, permanent supportive, or permanent housing facility. (c) "Transitional, permanent supportive, or permanent housing facility" means a facility located in the state which is: 1. A supervised, publicly or privately operated shelter that is designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for the mentally ill, and that receives federal homeless assistance funding distributed by the United States Department of Housing and Urban Development. 2. An emergency shelter that receives county homeless assistance funding. (2) For taxable years beginning on or after January 1, 2012, a tax credit of $1,000 shall be allowed to a corporation against any corporate income tax due under this chapter if the corporation hires a homeless person who resides in an emergency shelter, or a transitional, permanent supportive, or permanent housing facility at the time he or she begins employment and who remains continuously employed by the corporation for at least months. The tax credit may be taken only once per new employee. (3) Upon applying for the credit, the corporation must provide the department with the following information: (a) For each new employee for whom the credit is claimed: 1. The employee's name, social security number, and current address or, if the employee is no longer employed, the last known address of the person while employed by the corporation; 2. The address of the transitional, permanent supportive, or permanent housing facility where the employee was residing at the time he or she began employment and documentation from the facility which demonstrates that the employee qualified for and was residing at the facility at the time he or she began employment; and 3. The salary or hourly wages paid to the new employee during the taxable year. (b) The total salary or hourly wages paid during the taxable year to each employee who is still employed by the corporation and for whom the tax credit was claimed in a prior taxable year. (4) If the credit is not fully used in any one year, the unused amount may be carried forward for up to years. The carryover credit may be used in a subsequent year if the tax imposed by this chapter exceeds the credit for the year after applying any other credits and unused credit carryovers in the order provided in s. 220.02(8). (5) The corporation applying for the credit must affirmatively demonstrate to the satisfaction of the department that it meets the requirements in this section. An application must be filed with the department by February of each year for an allocation of the previous year's credit. The application must show that all of the requirements in this section were met during the preceding calendar year. (6) Any person who fraudulently claims the credit is liable for payment of the credit, plus a mandatory penalty in the amount of percent of the credit and interest at the rate provided in s. 220.807, and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) The total amount of tax credit which may be granted under this section is $2 million per calendar year. If the total amount of tax credit for applications submitted in a given calendar year exceeds $2 million, the amount of tax credit per applicant shall be granted on a pro rata basis. If the full amount of the tax credit is not allowed due to the $2 million-annual limitation, the balance shall be allowed in the following tax year. The amount not allowed in the previous tax year shall be allowed in full prior to the pro rata allocation of tax credit in the following tax year. (8) The department may adopt rules and forms to administer this section. (9) This section expires December 31, 2016, except for subsections (3) and (8), which expire December 31, 2022. In determining whether to reenact this section, the Legislature shall consider whether the revenue generated from wages paid to qualifying employees outweighs the cost to the state in terms of the amount of taxes waived. The department shall collect and maintain data relating to the total amount of wages paid to employees for whom a tax credit has been claimed in order to assist the Legislature in making its determination. Section 4. This act shall take effect July 1, 2011.
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Employment of the Homeless
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Provides for relief of Lawrence Femminella by Palm Beach County Sheriff's Office; provides for appropriation to compensate Lawrence Femminella for loss of consortium, false arrest, & negligent training & hiring of deputy sheriffs by sheriff's office; provides limitation on payment of fees & costs. CLAIM:
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WHEREAS, in March, 2003, Willoughby Farr was confined to the Palm Beach County jail awaiting sentencing on various felony charges for which he was facing a long prison term. In an effort to avoid a lengthy prison term and to garner favors from law enforcement officers, Farr concocted a story in which he claimed that several correctional officers were smuggling drugs into the Palm Beach County jail, and WHEREAS, to further his scheme, Farr enrolled the assistance of Danny Negrych, who was a former correctional officer from the Palm Beach County Sheriff's Office. Together Farr and Negrych fabricated a story in which Negrych claimed to be a member of a ring of correctional officers who regularly smuggled narcotic drugs into the jail. Farr then contacted the Organized Crime Bureau of the Palm Beach County Sheriff's Office and told his fabricated story, and WHEREAS, Detective Jeffrey Clarke and Sergeant Jones, who were assigned to investigate Farr's drug-smuggling allegations, used Farr as a confidential informant. Deputy Clarke did not have any prior training in investigating narcotics cases even though he was designated as the lead detective in the investigation, and WHEREAS, Farr and the detectives agreed that if Farr provided evidence of the drug-smuggling activities involving the correctional officers, the detectives would testify at Farr's sentencing in order to get Farr a more lenient sentence, and WHEREAS, on three separate occasions Negrych and Farr arranged for cocaine and other illicit drugs to be delivered to the jail, but Lawrence Femminella was not involved in any of the deliveries, and WHEREAS, in late June 2003, Farr was released on bond with the help of the detectives. The purpose of the release was to facilitate the criminal investigation regarding the alleged drug-smuggling activities that involved certain correctional officers, and WHEREAS, after his release, Farr claimed he could meet with Lawrence Femminella to discuss drugs. Farr had Negrych contact Femminella to arrange a meeting. The purpose of the meeting, as stated by Negrych to Femminella, was to interest Lawrence Femminella in starting a landscaping business. A meeting was arranged for July 8, 2003, at a local restaurant, and WHEREAS, Lawrence Femminella appeared at the scheduled meeting expecting to meet Negrych, who failed to appear. Instead, Farr met with Femminella claiming that Negrych was unable to attend. The meeting was monitored and recorded by the Palm Beach County Sheriff's Office, and there were no discussions about narcotics at the meeting. Femminella and Negrych discussed only the landscaping business, and WHEREAS, in late July 2003, Farr was arrested again for violating the terms of his bond. After his arrest, Farr continued his role as an informant for the Palm Beach County Sheriff's Office and placed telephone calls to Negrych regarding the delivery of narcotics into the jail, and WHEREAS, during this period Farr also placed several calls to Lawrence Femminella's cellular telephone and on each occasion left a message asking Lawrence Femminella to return the call. In response to Farr's several messages, Lawrence Femminella returned the call on a single occasion and left a message for Farr to quit contacting him. Afterward, Femminella changed his cellular telephone number in order to avoid Farr's calls, and WHEREAS, in early September 2003, Farr also made several telephone calls to a woman who identified herself as Lawrence Femminella's wife Gayle, and they discussed the smuggling of drugs into the jail. It was these telephone calls that led to the arrest of Gayle Femminella, along with her husband Lawrence Femminella. It was later determined that the woman was not Gayle Femminella but an imposter hired by Farr and Negrych to further their scheme, and WHEREAS, during the telephone call between Farr and the female impersonator posing as Gayle Femminella, the two would discuss having Lawrence Femminella deliver drugs to Farr in jail. The female impersonator then requested the moneys for the drugs to be delivered to the Femminella's home and for Femminella to deliver the narcotics to Farr, and WHEREAS, on September 10, 2003, two undercover agents wearing recording devices attempted to deliver moneys to the Femminella's home. Gayle Femminella answered the door and the agents told Mrs. Femminella that they were delivering money for Farr. Not only did Gayle Femminella refuse to accept the money, she was described by police as being confused as to why the police were at her house. She immediately called her husband who was at work at the jail and reported the incident to him. The agents' encounter with Gayle Femminella was recorded by detectives from the Palm Beach County Sheriff's Office. The detectives realized that the voice of Gayle Femminella was completely different from the voice recording of the female impersonator, and WHEREAS, alarmed by the unusual events, including the messages from Farr, the visit to his home by unknown persons offering money from Farr, and the July 8th meeting with Farr, Lawrence Femminella immediately wrote a letter to his supervisor at the Palm Beach County Sheriff's Office which explained the events involving the meeting on July 8, 2003, the unsolicited phone calls, and the visits to his home with the offer of money, and WHEREAS, on the evening of September 11, 2003, Lawrence Femminella was arrested at the Palm Beach County Sheriff's Office jail before he started his shift. His wife Gayle Femminella was arrested at their home in the presence of their children. Lawrence Femminella and Gayle Femminella were taken in handcuffs to jail, and held in a jail cell at the Palm Beach County jail where they were interviewed. When the detectives confronted Gayle Femminella about tape recordings that appeared to incriminate her, Mrs. Femminella asked to hear the tapes. When the detectives played the tapes, it became readily apparent that the female's voice on the tape was not the voice of Gayle Femminella, and WHEREAS, on September 12, 2003, the detectives interviewed Farr and confronted him with the fabricated evidence against Gayle Femminella. According to the detectives, Farr admitted that he had fabricated much of the evidence in order to get a more lenient sentence, and WHEREAS, Deputy Clarke commenced the criminal investigation of Farr's allegations of the smuggling of illicit drugs into the Palm Beach County jail in May of 2003, which terminated in November 2004. At the conclusion of the investigation, the Femminellas were completely exonerated and received a personal apology from the Sheriff, and WHEREAS, at the conclusion of the criminal investigation, the Palm Beach County Sheriff's Office conducted an internal affairs investigation. The internal affairs investigation concluded that Deputy Clarke was guilty of neglect of duty and that the accusations against the Femminellas were totally unfounded and without merit, and WHEREAS, on May 11, 2005, Lawrence Femminella filed an Amended Complaint against the Palm Beach County Sheriff's Office for false arrest, negligent training and hiring of its deputies, and loss of consortium, and WHEREAS, the case of Lawrence Femminella was tried before a jury, and on February 6, 2006, the jury returned a verdict in favor of Lawrence Femminella, and a final judgment in favor of Lawrence Femminella in the sum of $816,200 was entered against the Palm Beach County Sheriff's Office on February 8, 2006, and WHEREAS, Lawrence Femminella has been paid $100,000 by the Palm Beach County Sheriff's Office, and he seeks satisfaction in the amount of $716,200, the balance of the final judgment, NOW, THEREFORE, 150 Be It Enacted by the Legislature of the State of Florida: 152 Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The Palm Beach County Sheriff's Office is authorized and directed to appropriate from funds of the county not otherwise appropriated and to draw a warrant in the sum of $716,200, payable to Lawrence Femminella, as compensation for loss of consortium, false arrest, and the negligent training and hiring of deputy sheriffs by the Palm Beach County Sheriff's Office. Section 3. The amount paid by the Palm Beach County Sheriff's Office and the amount awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act regarding Lawrence Femminella. The total amount paid for attorney's fees, lobbying fees, costs, and other similar expenses relating to this claim may not exceed percent of the amount awarded under this act. Section 4. This act shall take effect upon becoming a law.
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Relief/Femminella/Palm Beach Co. Sheriff's Office
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Requires DOC & Parole Commission to establish agreements to implement federal deportation program for state inmates; revises provisions relating to Control Release Authority; requires authority to implement program to execute immediate deportation; authorizes authority to extend or advance control release date for transfer of custody pending deportation; requires DOC to identify inmates eligible for control release for removal & deportation at reception, etc.
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An act relating to illegal or undocumented aliens; requiring the Department of Corrections and the Parole Commission to establish agreements to implement a federal deportation program for state inmates; specifying the goals of the program; amending s. 947.146, F.S., relating to the Control Release Authority; requiring the authority to implement a program to execute an immediate deportation order; authorizing the authority to extend or advance the control release date for arrangements for the transfer of custody pending deportation; creating s. 947.1461, F.S., relating to control release for removal and deportation; requiring the department to identify eligible inmates at the reception process; specifying eligibility criteria; requiring the department to coordinate with federal authorities to determine immigration status and eligibility for removal; requiring the department to identify eligible inmates who waive administrative and appellate rights and who agree to cooperate; requiring the Control Release Authority to establish control release dates; authorizing the control release dates to be set after the alien has served a minimum percent of his or her court-imposed sentence; requiring the department to maintain exclusive control and responsibility for the custody and transportation of an alien until the alien is transferred to federal custody; requiring the Control Release Authority to give notice to aliens concerning reentering the United States; prohibiting aliens from benefiting from control release awards when removal is not reasonably foreseeable; requiring the department to compile and report certain statistics; providing an effective date. 34 Be It Enacted by the Legislature of the State of Florida: 36 Section 1. The Department of Corrections and the Parole Commission shall immediately initiate, coordinate, and establish agreements among multiple state, local, and federal authorities to implement the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The goals of this effort shall be to: (1) Ensure that deportable aliens are not released from prison to the community; (2) Reduce the number of criminal aliens incarcerated in the state prison system; (3) Provide for the mandatory revocation of control release and the confinement of criminal aliens who reenter the United States; (4) Allow eligible inmates to be released for deportation purposes before the expiration of the sentence; (5) Expedite the deportation process; and (6) Improve information-sharing procedures between the Immigration and Customs Enforcement of the United States Department of Homeland Security and the Department of Corrections. Section 2. Subsections (2), (5), and (7) of section 947.146, Florida Statutes, are amended to read: 947.146 Control Release Authority.-(2) The authority shall implement a system for determining the number and type of inmates who must be released into the community under control release in order to maintain the state prison system between and percent of its total capacity as defined in s. 944.023 or in order to execute an immediate deportation order from federal immigration authorities.An No inmate does not have has a right to control release. Control release is an administrative function solely used solely to manage the state prison population within total capacity and to expedite the deportation process.An inmate may not receive an advancement of his or her control release date by an award of control release allotments for any period of time before the date the inmate becomes statutorily eligible for control release or before the subsequent date of establishment of the inmate's advanceable control release date. (5) Whenever the inmate population drops below percent of total capacity and remains below percent for consecutive days without requiring the release of inmates under this section, all control release dates shall become void and an no inmate is not shall be eligible for release under any previously established control release date. However, control release dates for deportation purposes do not become void when the inmate population changes. An inmate does shall not have a right to a control release date, and nor shall the authority is not be required to establish or reestablish any additional control release dates except under the provisions of subsection (2). (7) The authority has the power and duty to: (a) Extend or advance the control release date of any inmate for whom a date has been established pursuant to subsection (2), based upon one or more of the following: 1. Recently discovered information of: a. Past criminal conduct; b. Verified threats by inmates provided by victims, law enforcement, or the department; c. Potential risk to or vulnerability of a victim; d. Psychological or physical trauma to the victim due to the criminal offense; e. Court-ordered restitution; f. History of abuse or addiction to a chemical substance verified by a presentence or postsentence investigation report; g. The inmate's ties to organized crime; h. A change in the inmate's sentence structure; i. Cooperation with law enforcement; j. Strong community support; and k. A documented mental condition as a factor for future criminal behavior. 2. The recommendation of the department regarding: a. A medical or mental health-related condition; or b. Institutional adjustment of the inmate, which may include refusal by the inmate to sign the agreement to the conditions of the release plan. 3. Total capacity of the state prison system. 4. Arrangements for the transfer of custody pending deportation. (b) Authorize an individual commissioner to postpone a control release date for not more than days without a hearing for any inmate who has become the subject of a disciplinary proceeding, a criminal arrest, an information, or an indictment; who has been terminated from work release; or about whom there is any recently discovered information as specified in paragraph (a). (c) Determine the terms, conditions, and period of time of control release for persons released under pursuant to this section. (d) Determine violations of control release and what actions shall be taken with reference thereto. (e) Provide for victim input into the decisionmaking process which may be used by the authority as aggravation or mitigation in determining which persons shall be released on control release. (f) Make such investigations as may be necessary for the purposes of establishing, modifying, or revoking a control release date. (g) Contract with a public defender or private counsel for representation of indigent persons charged with violating the terms of control release. (h) Adopt such rules as the authority deems necessary to implement for implementation of the provisions of this section. Section 3. Section 947.1461, Florida Statutes, is created to read: 947.1461 Control release for removal and deportation only.-(1) The Department of Corrections shall begin during the inmate reception process a procedure to identify eligible aliens and determine if deportation is feasible and in the best interests of the state. Aliens who are ineligible for the federal deportation process under this section are inmates who are ineligible for control release under s. 947.146(3)(a)-(m). (2) The department shall coordinate with federal authorities to determine an inmate's immigration status and eligibility for removal and to obtain the final removal order. (3) The department shall identify aliens for removal who have voluntarily waived all administrative and judicial appellate rights in writing and who have agreed in writing to fully cooperate with federal authorities to obtain valid travel documentation and facilitate removal. (4) Upon acceptance into the federal deportation program, the Control Release Authority shall establish a control release date for the alien to be transferred into federal custody. Notwithstanding s. 944.275(4)(b)3., the Control Release Authority may establish a control release date after the alien has served a minimum of percent of his or her court-imposed sentence. (5) The department shall maintain exclusive control and responsibility for the custody and transportation of an alien who is accepted into the federal deportation program until the alien is physically transferred to federal custody. (6) The Control Release Authority shall provide notice and obtain acknowledgement in writing that notice was given to each alien who is eligible for deportation that reentry into the United States requires the return of the alien to the custody of the department in order to complete the remainder of his or her court-imposed sentence. The alien must also waive in writing all rights of extradition which would challenge the alien's return to the department and Control Release Authority in order to complete the remainder of his or her sentence. (7) An alien may not under any circumstances receive the benefits of control release awards if the federal authorities determine that the alien's removal is not reasonably foreseeable. (8) The department shall compile statistics on this program, including the number of aliens who are transferred to federal custody, the number of aliens who are actually removed from the United States, the number of aliens who reenter the United States, and the annualized cost-avoidance achieved. Section 4. This act shall take effect July 1, 2011.
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Illegal or Undocumented Aliens
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Proposes amendment of s. 15, Art. III & s. 4, Art VI & creation of provision in Art. XII of State Constitution to increase length of terms of state senators to 6 years & state representatives to 4 years & limit state senators & state representatives to 12 consecutive years in office.
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A joint resolution proposing amendments to Section of Article III and Section of Article VI and the creation of a new section in Article XII of the State Constitution to revise the terms and term limits that apply to state senators and state representatives. 8 Be It Resolved by the Legislature of the State of Florida: 10 That the following amendments to Section of Article III and Section of Article VI and the creation of a new section in Article XII of the State Constitution are 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 III LEGISLATURE SECTION 15. Terms and qualifications of legislators.-(a) SENATORS. Senators shall be elected for staggered terms of six four years.The legislature must divide the senate districts as evenly as possible into three classes,those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms. (b) REPRESENTATIVES. Members of the house of representatives shall be elected for terms of four two years,those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four in each even-numbered year.(c) QUALIFICATIONS. Each legislator shall be at least twenty-one years of age and,an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election. (d) ASSUMING OFFICE; VACANCIES. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law. ARTICLE VI SUFFRAGE AND ELECTIONS SECTION 4. Disqualifications.-(a) A No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, is not shall be qualified to vote or hold office until restoration of civil rights or removal of disability. (b) A No person may not appear on the ballot for re-election as a senator or representative if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for twelve consecutive years. to any of the following offices: (1) Florida representative, (2) Florida senator, (c) (3) A person may not appear on the ballot for re-election to the office of Florida Lieutenant governor or to,(4) any office of the Florida cabinet office,(5) U.S. Representative from Florida, or (6) U.S. Senator from Florida 62 if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for eight consecutive years. ARTICLE XII SCHEDULE Implementation of amendments relating to the terms of certain elected officials.-(a) The amendments to Section of Article III and Section of Article VI and the creation of this section shall take effect upon approval by the electors. (b) During the organizational session following the 2012 general election, the Legislature shall implement the amendment to subsection (a) of Section of Article III by law. Under the implementing legislation, senators elected during the 2012 general election shall be elected to terms of at least four years. The terms of senators having two years remaining to their terms on the date of the general election may be extended by two years. (c) Those representatives elected in even-numbered districts in the 2012 general election shall be elected to terms of two years. Those representatives elected in odd-numbered districts in the 2012 general election shall be elected to terms of four years. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENTS ARTICLE III, SECTION 89 ARTICLE VI, SECTION 90 ARTICLE XII TERMS OF STATE SENATORS AND STATE REPRESENTATIVES.-The State Constitution provides that state senators are elected to terms of years and state representatives are elected to terms of years. The State Constitution also generally limits state senators and state representatives to serving consecutive years in office. This amendment increases the terms of state senators from to years and the terms of state representatives from to years. The amendment also generally limits state senators and state representatives to serving consecutive years in office.
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Term Limits
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Revises date by which DOH must create & administer onsite sewage treatment & disposal system evaluation program; revises date by which Surgeon General must determine revenue neutral fee schedule for specified onsite sewage treatment & disposal system services.
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An act relating to onsite sewage treatment and disposal systems; amending s. 381.0065, F.S.; revising the date by which the Department of Health must create and administer a statewide onsite sewage treatment and disposal system evaluation program; amending s. 381.0066, F.S.; revising the date by which the Surgeon General must determine a revenue neutral fee schedule for specified onsite sewage treatment and disposal system services; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 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. 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. (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. (d) Biennial Operating permit for aerobic treatment units or performance-based treatment systems: a fee of not more than $100. (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. (f) Innovative technology: a fee not to exceed $25,000. (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. (h) Application for variance: a fee of not less than $150, or more than $300. (i) Annual operating permit for waterless, incinerating, or organic waste composting toilets: a fee of not less than $50, or more than $150. (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. (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. (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). (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. 88 On or before July 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 3. This act shall take effect upon becoming a law.
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Onsite Sewage Treatment and Disposal Systems
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Provides for lease of sovereignty submerged lands for private residential single-family docks & piers, private residential multifamily docks & piers, & private residential multislip docks; provides for term of lease & lease fees; provides for inspection of such docks, piers, & related structures by DEP; clarifies authority of Board of Trustees of the Internal Improvement Trust Fund & DEP to impose additional fees & requirements; provides appropriation. APPROPRIATION:
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An act relating to sovereignty submerged lands; creating s. 253.0347, F.S.; providing for the lease of sovereignty submerged lands for private residential single-family docks and piers, private residential multifamily docks and piers, and private residential multislip docks; providing for the term of the lease and lease fees; providing for inspection of such docks, piers, and related structures by the Department of Environmental Protection; clarifying the authority of the Board of Trustees of the Internal Improvement Trust Fund and the department to impose additional fees and requirements; providing an appropriation; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Section 253.0347, Florida Statutes, is created to read: 253.0347 Lease of sovereignty submerged lands for private residential docks and piers.-(1) The maximum initial term of a standard lease of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock is years. A lease is renewable for successive terms of up to years if the parties agree and the lessee complies with all terms of the lease and all applicable laws and rules. (2)(a) A standard lease contract for sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock must specify the amount of lease fees as established by the Board of Trustees of the Internal Improvement Trust Fund. (b) If private residential multifamily docks or piers, private residential multislip docks, and other private residential structures pertaining to the same upland parcel include a total of no more than one wet slip for each approved upland residential unit, the lessee is not required to pay a lease fee on a preempted area of square feet or less of sovereignty submerged lands for each linear foot of shoreline in which the lessee has a sufficient upland interest as determined by the Board of Trustees of the Internal Improvement Trust Fund. (c) A lessee of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock is not required to pay a lease fee on revenue derived from the transfer of fee simple or beneficial ownership of private residential property that is entitled to a homestead exemption pursuant to s. 196.031 at the time of transfer. (d) A lessee of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock must pay a lease fee on any income derived from a wet slip, dock, or pier in the preempted area under lease in an amount determined by the Board of Trustees of the Internal Improvement Trust Fund. (3) The Department of Environmental Protection shall inspect each private residential single-family dock or pier, private residential multifamily dock or pier, private residential multislip dock, or other private residential structure under lease at least once every years to determine compliance with the terms and conditions of the lease. (4) This section does not prohibit the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection from imposing additional application fees, regulatory permitting fees, or other lease requirements as otherwise authorized by law. Section 2. Beginning with the 2011-2012 fiscal year, the sum of $1 million in recurring funds is appropriated from the General Revenue Fund to the Internal Improvement Trust Fund for purposes of administration, management, and disposition of sovereignty submerged lands. Section 3. This act shall take effect July 1, 2011.
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Sovereignty Submerged Lands
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Provides that resistance, obstruction, or opposition must be based on factors other than mere flight from officer or other person to whom this section applies.
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An act relating to resisting an officer or other specified person without violence; amending s. 843.02, F.S.; providing that resistance, obstruction, or opposition must be based on factors other than mere flight from an officer or other person to whom this section applies; providing an effective date. 9 Be It Enacted by the Legislature of the State of Florida: 11 Section 1. Section 843.02, Florida Statutes, is amended to read: 843.02 Resisting officer or other such person without violence to his or her person.-Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer or other such person,commits shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For purposes of this section, resistance, obstruction, or opposition must be based on factors other than mere flight from an officer or other person to whom this section applies. Section 2. This act shall take effect July 1, 2011.
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Resisting Officer or Other Person Without Violence
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Encourages donation of surplus fire equipment & materials to Florida's volunteer fire departments.
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WHEREAS, surplus fire equipment and materials have been donated to countries overseas by municipal and other fire departments, and WHEREAS, almost half of the expenses of volunteer fire departments in this state could be lessened by such donations to volunteer fire departments, and WHEREAS, surplus fire equipment and materials paid for by taxpayers should be donated to sister fire departments in this state, and WHEREAS, the City of Hallandale Beach, the Broward County League of Cities, the Florida League of Cities, the United States Conference of Mayors, and the National League of Cities have adopted resolutions encouraging the donation of surplus fire equipment and materials to volunteer fire departments, NOW, THEREFORE, 24 Be It Resolved by the House of Representatives of the State of Florida: 27 That the Florida House of Representatives strongly encourages the donation of surplus fire equipment and materials to Florida's volunteer fire departments.
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Fire Equipment
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Provides for recovery through surcharge of costs for water & wastewater system improvement projects; requires PSC approval of surcharge; limits surcharge amount; provides requirements for surcharge billing, reconciliation, & adjustment; provides project eligibility criteria; provides requirements for notice, maintenance, & availability of certain records; provides that surcharges are subject to refund under certain conditions.
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An act relating to water and wastewater utilities; creating s. 367.0819, F.S.; providing for recovery through a surcharge of certain costs relating to water and wastewater system improvement projects; defining the term "nonrevenue-producing project"; requiring utilities to submit surcharge tariffs reflecting the surcharge calculation for recovery of such costs to the Florida Public Service Commission for approval and to provide specified notice of such surcharge tariff filings; requiring utilities to submit specified sworn affirmations to the commission; providing a penalty for false statements with regard to such affirmations; authorizing the commission to order utilities to make refunds to ratepayers under certain conditions; providing construction; providing for the automatic approval of the surcharge tariff within a specified period after filing the surcharge tariff with the commission; requiring the surcharge notice to be presented as a separate line item on the customer's bill; specifying a limitation for the surcharge amount; providing requirements for billing, reconciliation, and quarterly adjustment of the surcharge; specifying a limitation for recovery of project costs; providing project eligibility criteria; specifying water and wastewater treatment criteria; providing requirements for notice, maintenance, and availability of certain records; authorizing the commission to review specified projects; providing that surcharges are subject to refund under certain conditions; providing an effective date. 31 Be It Enacted by the Legislature of the State of Florida: 33 Section 1. Section 367.0819, Florida Statutes, is created to read: 367.0819 Recovery of costs for system improvement projects.-(1)(a) In order to promote utility investment in system improvement projects, the commission shall allow a utility to recover prudently incurred capital costs related to nonrevenue-producing projects to enhance water quality, fire protection reliability, and long-term system viability through a surcharge collected pursuant to this section. The costs of existing or new facilities to serve new customers are not recoverable through this surcharge. (b) For purposes of this section, a "nonrevenue-producing project" means a project that is not constructed or installed for the purpose of serving a new customer. (2) A utility seeking to establish a surcharge pursuant to this section must: (a) Submit, for commission approval, the proposed surcharge tariff establishing a formula for the calculation of rates reflecting the surcharge, which rates provide for recovery of depreciation and return on investment for each eligible project. The return on investment for each eligible project must be based on the utility's last authorized pretax rate of return. The surcharge must be calculated, applied, and recovered in accordance with the utility's last authorized rate structure. Until the surcharge is reset pursuant to paragraph (5)(d), the total cumulative amount of the surcharge revenue recovered by the utility may not exceed percent of the utility's total annual retail water service revenues, and, where applicable, percent of the utility's total annual wastewater service revenues, excluding revenue collected through the surcharge, for the preceding calendar year. (b) Provide notice by mail of the initial surcharge tariff filing to each customer in the affected service areas and publish notice of the surcharge filing in a newspaper of general circulation in the affected service areas. (3)(a) Before implementing a surcharge pursuant to this section, the utility shall file a sworn affirmation with the commission as to the accuracy of the figures and calculations upon which the surcharge or any adjustment thereto is based, stating that the change in rates will not cause the utility to exceed the range of its last authorized rate of return on equity. A person who makes a false statement in the affirmation required under this paragraph, which statement he or she does not believe to be true in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If, within months after the filing of a utility's report pursuant to s. 367.121, the commission finds that the utility exceeded the range of its last authorized rate of return on equity after the implementation of the surcharge within the year for which the report was filed, the commission may order the utility to refund, with interest, the difference to the ratepayers and adjust rates accordingly. This paragraph may not be construed to require a bond or corporate undertaking in order for the utility to implement the surcharge. (4) A surcharge tariff submitted by a utility in compliance with paragraph (2)(a) is not subject to s. 367.091 and shall be approved as a matter of right without hearing within days after filing the surcharge tariff with the commission. (5) A surcharge established pursuant to this section shall be: (a) Presented as a separate line item on the customer's bill and billed in accordance with the billing cycle in the utility's approved tariff. Any changes in the surcharge must be reflected on the first bill the customer receives after the change of the surcharge. (b) Revaluated, and adjusted if necessary, quarterly to reflect the costs of eligible projects placed into service. The utility shall file the supporting data to increase or reduce the surcharge with the commission for each revaluation along with a sworn affirmation pursuant to paragraph (3)(a) and shall contemporaneously deliver copies of the supporting data and the sworn affirmation to the Office of the Public Counsel. The surcharge adjustment is not subject to s. 367.091 and shall take effect without hearing days after the supporting data and sworn affirmation are filed with the commission and delivered to the Office of the Public Counsel. (c) Subject to an annual reconciliation of revenues and costs based on a reconciliation period of months to begin on the date the surcharge is approved as a matter of right pursuant to subsection (4). Within days after the end of each reconciliation period, the utility shall file with the commission, and deliver to the Office of the Public Counsel, a reconciliation report that compares the actual surcharge revenues received and the actual eligible costs incurred by the utility during the prior period along with the sworn affirmation required by paragraph (3)(a). A reconciliation report filed in accordance with this paragraph shall be administratively approved by the commission without hearing within days after filing. The difference between revenue and costs shall be recovered or refunded, as appropriate, by the utility without hearing as an automatic adjustment to the subsequent surcharge calculation. Revenues in excess of system-improvement costs shall be refunded with interest to customers pursuant to the commission's rule on interest for water and wastewater utilities. (d) Reset at zero as of the effective date of new base rates that provide for prospective recovery of the costs that had previously been recovered under the surcharge. Thereafter, only the costs of new eligible projects that have not previously been included in the base rate of the utility shall be reflected in the surcharge. (6) Recovery of project costs pursuant to this section does not preclude such costs from being included in base rates in subsequent rate proceedings. However, a project cost recovered in base rates may not be recovered through a surcharge established pursuant to this section. (7) A project is eligible for recovery of costs through the surcharge if it is: (a) Completed and placed into service after the test year upon which base rates were last established by the commission for the utility; and (b) For the construction of nonrevenue-producing improvement projects that are used for the production, treatment, transmission, storage, distribution, or provision of potable or recycled water to the public or for the collection, transportation, or disposal of wastewater for the public. Such projects may include, but are not limited to, water quality improvement projects designed to achieve primary or secondary water standards as determined by the Department of Environmental Protection, the United States Environmental Protection Agency, or any other governmental entity having similar regulatory jurisdiction; wastewater quality improvement projects; main, service line, and valve replacement projects; main relining and rehabilitation projects; fire and flushing hydrant installation and replacement projects; main extension projects to eliminate dead ends; interconnection projects; water, wastewater, and reuse meter installation and replacement projects; wastewater collection, replacement, relining, and rehabilitation projects; and manhole replacement and rehabilitation projects. (8) Water and wastewater treatment includes production of any sodium solution, excluding sodium hypochlorite, used in conjunction with the treatment process but does not include the onsite manufacturing of liquid chlorine or bleach. (9) Upon approval of the surcharge tariff, the utility shall maintain and make available for public inspection during normal business hours at each utility location or on the utility's website a detailed schedule for each completed project, including the plant account number and title, the category of the project, the project name and description, the cost of the project in the month of closing, and the month and year of closing. Notice of the availability of the schedules for public inspection shall be posted in each office of the utility. (10) The commission may review the prudence of all projects subject to the surcharge in the utility's next base rate proceeding following the commission's initial approval of the surcharge pursuant to subsection (4). Revenues from such surcharges are subject to refund if the commission subsequently determines that the costs of a project were not prudently incurred or that the project is not used and useful in the public service, and any such refund shall be made pursuant to the commission's rule on refunds for water and wastewater utilities. Section 2. This act shall take effect July 1, 2011.
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Water and Wastewater Utilities
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Revises provisions relating to prohibited bullying or harassment with respect to computer-related incidents; redefines term "bullying" to include emotional hurt; revises components of school district policy on bullying & harassment; requires investigation of complaint of computer-related incident.
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An act relating to bullying of school children; amending s. 1006.147, F.S.; prohibiting bullying or harassment of a student or school employee by use of any computer, computer system, or computer network that is physically located on school property, regardless of ownership; adding "emotional hurt" to the list of behaviors that, when taken singularly or in combination, may indicate that a child is being bullied at school; defining the term "within the scope of a public K-12 educational institution"; requiring that each school district include in its districtwide policy instruction to students, parents, teachers, school administrators, counseling staff, and school volunteers on how to recognize behaviors that lead to bullying and harassment and how to take appropriate preventative action based on each of those individual's observations; requiring that any complaint of a computer-related incident of bullying be investigated by a school district official using a computer on which web-filtering software is not installed; providing an effective date. 23 Be It Enacted by the Legislature of the State of Florida: 25 Section 1. Subsections (2) and (3) and paragraph (l) of subsection (4) of section 1006.147, Florida Statutes, are amended, and paragraph (c) is added to subsection (7) of that section, to read: 1006.147 Bullying and harassment prohibited.-(2) Bullying or harassment of any student or employee of a public K-12 educational institution is prohibited: (a) During any education program or activity conducted by a public K-12 educational institution; (b) During any school-related or school-sponsored program or activity or on a school bus of a public K-12 educational institution; or (c) Through the use of data or computer software that is accessed through a computer, computer system, or computer network within the scope of a public K-12 educational institution. (3) For purposes of this section: (a) "Bullying" means systematically and chronically inflicting physical hurt or psychological distress on one or more students and may involve: 1. Teasing; 2. Social exclusion; 3. Threat; 4. Intimidation; 5. Stalking; 6. Physical violence; 7. Theft; 8. Sexual, religious, or racial harassment; 9. Public humiliation; or 10. Destruction of property;or 11. Emotional hurt.(b) "Harassment" means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that: 1. Places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property; 2. Has the effect of substantially interfering with a student's educational performance, opportunities, or benefits; or 3. Has the effect of substantially disrupting the orderly operation of a school. (c) "Within the scope of a public K-12 educational institution" means, regardless of ownership, any computer, computer system, or computer network that is physically located on school property. (d) (c) Definitions in s. 815.03 and the definition in s. 784.048(1)(d) relating to stalking are applicable to this section. (e) (d) The definitions of "bullying" and "harassment" include: 1. Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation. 2. Perpetuation of conduct listed in paragraph (a) or paragraph (b) by an individual or group with intent to demean, dehumanize, embarrass, or cause physical harm to a student or school employee by: a. Incitement or coercion; b. Accessing or knowingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the district school system; or c. Acting in a manner that has an effect substantially similar to the effect of bullying or harassment. (4) By December 1, 2008, each school district shall adopt a policy prohibiting bullying and harassment of any student or employee of a public K-12 educational institution. Each school district's policy shall be in substantial conformity with the Department of Education's model policy mandated in subsection (5). The school district bullying and harassment policy shall afford all students the same protection regardless of their status under the law. The school district may establish separate discrimination policies that include categories of students. The school district shall involve students, parents, teachers, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of adopting the policy. The school district policy must be implemented in a manner that is ongoing throughout the school year and integrated with a school's curriculum, a school's discipline policies, and other violence prevention efforts. The school district policy must contain, at a minimum, the following components: (l) A procedure for providing instruction to students, parents, teachers, school administrators, counseling staff, and school volunteers on identifying, preventing, and responding to bullying or harassment,including instruction on how to recognize behaviors that lead to bullying and harassment and how to take appropriate preventative action based on each of those individual's observations.(7) (c) Any complaint of a computer-related incident must be investigated by a school district official using a computer on which web-filtering software is not installed. Section 2. This act shall take effect July 1, 2011.
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Bullying of School Children
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Creates Sustainable and Renewable Energy Policy Trust Fund within Florida Energy Office of DEP; provides for sources of funds, purposes, & annual carryforward of funds; provides for future review & termination or re-creation of trust fund; provides for contingent effective date.
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An act relating to trust funds; creating the Sustainable and Renewable Energy Policy Trust Fund within the Florida Energy Office of the Department of Environmental Protection; providing for sources of funds and purposes; providing for annual carryforward of funds; providing for the future review and termination or re-creation of the trust fund; providing a contingent effective date. 10 Be It Enacted by the Legislature of the State of Florida: 12 Section 1. (1) The Sustainable and Renewable Energy Policy Trust Fund is created within the Florida Energy Office of the Department of Environmental Protection. The trust fund shall be administered by the head of the office or his or her designee. Funds allocated to the trust fund include funds received from state appropriations, federal and state grants, and deposits consisting of the monthly service charge collected by the electric utilities in the state from every residential, commercial, and industrial consumer of electric service. The funds in the trust fund shall be used to support the activities of the direct-support organization of the office relating to sustainable and renewable energy projects in this state. (2) Notwithstanding s. 216.301, Florida Statutes, and pursuant to s. 216.351, Florida Statutes, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund. (3) In accordance with s. 19(f)(2), Article III of the State Constitution, the Sustainable and Renewable Energy Policy Trust Fund shall, unless terminated sooner, be terminated on July 1, 2015. Before its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2), Florida Statutes. Section 2. This act shall take effect on the same date that House Bill or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes law.
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Sustainable & Renewable Energy Policy TF/DEP
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Revises contamination notification provisions; requires individuals responsible for site rehabilitation to provide notice of site rehabilitation to specified entities; revises provisions relating to content of such notice; requires DEP to provide notice to specified entities & certain property owners; authorizes DEP to pursue enforcement measures for noncompliance; revises DEP notification requirements for certain public & private schools, child care facilities, & public & private colleges & universities, etc.
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An act relating to contamination notification; amending s. 376.30702, F.S.; revising contamination notification provisions; requiring individuals responsible for site rehabilitation to provide notice of site rehabilitation to specified entities; revising provisions relating to the content of such notice; requiring the Department of Environmental Protection to provide notice of site rehabilitation to specified entities and certain property owners; requiring the department to verify compliance with notice requirements; authorizing the department to pursue enforcement measures for noncompliance with notice requirements; revising the department's contamination notification requirements for certain public schools; requiring the department to provide specified notice to certain private schools, child care facilities, and public and private colleges and universities; requiring the department to provide specified notice to public schools and public and private colleges and universities within specified areas; providing notice requirements, including directives to extend such notice to certain other persons; requiring the department to provide a list of sites under rehabilitation to specified entities; requiring local governments to provide specified notice to homeowners' and neighborhood associations; authorizing the department to recover notification costs from responsible parties under certain conditions; revising rulemaking authority; providing an effective date. 30 Be It Enacted by the Legislature of the State of Florida: 32 Section 1. Section 376.30702, Florida Statutes, is amended to read: 376.30702 Contamination notification.-(1) FINDINGS; INTENT; APPLICABILITY.-The Legislature finds and declares that when contamination is discovered by any person as a result of site rehabilitation activities conducted pursuant to the risk-based corrective action provisions found in s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or pursuant to an administrative or court order, it is in the public's best interest that potentially affected persons be notified of the existence of such contamination. Therefore, persons discovering such contamination shall notify the department and those identified under this section of the such discovery in accordance with the requirements of this section,and the department shall be responsible for notifying the affected public.The Legislature intends that for the provisions of this section to govern the notice requirements for early notification of the discovery of contamination. (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY BOUNDARIES.-(a) If at any time during site rehabilitation conducted pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701,or an administrative or court order the person responsible for site rehabilitation, the person's authorized agent, or another representative of the person discovers from laboratory analytical results that comply with appropriate quality assurance protocols specified in department rules that contamination as defined in applicable department rules exists in any groundwater, surface water, or soil medium beyond the boundaries of the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701,the person responsible for site rehabilitation shall give actual notice as soon as possible, but no later than 45 days after the from such discovery, to the Division of Waste Management at the department's Tallahassee office. The actual notice must shall be provided on a form adopted by department rule and mailed by certified mail, return receipt requested. The person responsible for site rehabilitation shall simultaneously provide by certified mail, return receipt requested, mail a copy of the such notice to the appropriate department district office and,county health department,and all known lessees and tenants of the source property.(b) The notice must shall include the following information: 1. (a) The location of the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and contact information for the person responsible for site rehabilitation, the person's authorized agent, or another representative of the person. 2. (b) A listing of all record owners of the any real property,other than the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, at which contamination has been discovered; the parcel identification number for any such real property; and the owner's address listed in the current county property tax office records;and the owner's telephone number.The requirements of this paragraph do not apply to the notice to known tenants and lessees of the source property. 3. (c) Separate tables for by medium, such as groundwater, soil, and surface water which,or sediment, that list sampling locations identified on the vicinity map described in subparagraph 4.;sampling dates; names of contaminants detected above cleanup target levels; their corresponding cleanup target levels; the contaminant concentrations; and whether the cleanup target level is based on health, nuisance, organoleptic, or aesthetic concerns. 4. (d) A vicinity map that shows each sampling location with corresponding laboratory analytical results described in subparagraph 3. and the date on which the sample was collected and that identifies the property boundaries of the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any the other properties at which contamination has been discovered during such site rehabilitation. If available, a contaminant plume map signed and sealed by a state-licensed professional engineer or geologist may be included with the vicinity map. (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.-(a) Within days after receiving the actual notice required under pursuant to subsection (2), or within days of the effective date of this act if the department already possesses information equivalent to that required by the notice, the department shall verify that the person responsible for site rehabilitation has complied with the notice requirements of subsection (2) send a copy of such notice, or an equivalent notification, to all record owners of any real property, other than the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, at which contamination has been discovered.If the person responsible for site rehabilitation has not complied with the notice requirements of subsection (2), then the department may pursue enforcement as provided under this chapter and chapter 403. (b) Within days after receiving the actual notice required under subsection (2), the department shall notify the following persons of the contamination for which notice was required pursuant to subsection (2): 1. The mayor, the chair of the county commission, or the comparable senior elected official representing the affected area. 2. The city manager, the county administrator, or the comparable senior administrative official representing the affected area. 3. The state senator and state representative representing the affected area. 4. All real property owners, presidents of any condominium associations or sole owners of condominiums, presidents of any cooperative associations or sole owners of cooperatives, lessees, and the tenants of record for: a. Any real property, other than the property at which site rehabilitation was initiated pursuant to s. 376.30701, s. 376.3071(5), s. 376.3078(4), or s. 376.81, at which contamination has been discovered; b. Any properties identified within the boundaries of a contaminant plume located on a contaminant plume map provided pursuant to subparagraph (2)(b)4., any properties identified by a state-licensed professional engineer or professional geologist through a certified site-specific determination that such contamination is reasonably likely to be present beyond the boundaries of the source property, or any properties within a 500-foot radius of each sampling point at which contamination is discovered where a contaminant plume map is not provided, if site rehabilitation was initiated pursuant to s. 376.30701 or an administrative or court order; and c. Any properties identified within the boundaries of a contaminant plume located on a contaminant plume map provided pursuant to subparagraph (2)(b)4., any properties identified by a state-licensed professional engineer or professional geologist through a certified site-specific determination that such contamination is reasonably likely to be present beyond the boundaries of the source property, or any properties within a 250-foot radius of each sampling point at which contamination is discovered where a contaminant plume map is not provided, if site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at, or in connection with, a permitted solid waste management facility subject to a groundwater monitoring plan. (c) The notice provided to: 1. Local government officials described in subparagraphs (b)1. and 2. shall be mailed by certified mail, return receipt requested. 2. Real property owners, presidents of any condominium associations or sole owners of condominiums, presidents of any cooperative associations or sole owners of cooperatives, lessees, and tenants of record shall be delivered by certified mail, return receipt requested, first-class mail, hand delivery, or door hanger. (d)1. If the property at which contamination has been discovered is the site of a public pre-K or K-12 school as defined in s. 1003.01, the department shall mail also send a copy of the notice to the superintendent chair of the school board of the school district in which the property is located and direct the superintendent said school board to provide actual notice within days to teachers and parents or guardians of students attending the public pre-K or K-12 school during the period of site rehabilitation. 2. If the property at which contamination has been discovered is the site of a private pre-K or K-12 school or a child care facility as defined in s. 402.302, the department shall mail a copy of the notice to the governing board, principal, or owner of the private pre-K or K-12 school or child care facility and direct the governing board, principal, or owner to provide actual notice within days to teachers and parents or guardians of students or children attending the private pre-K or K-12 school or child care facility during the period of site rehabilitation. 3. If any property within a 1-mile radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.30701 or an administrative or court order is the site of a public pre-K or K-12 school as defined in s. 1003.01, the department shall mail a copy of the notice to the superintendent of the school district in which the property is located. 4. If any property within a 250-foot radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at, or in connection with, a permitted solid waste management facility subject to a groundwater monitoring plan, is the site of a public pre-K or K-12 school as defined in s. 1003.01, the department shall mail a copy of the notice to the superintendent of the school district in which the property is located. 5. If the property at which contamination has been discovered is the site of a public or private college or university, the department shall mail a copy of the notice to the president of the public or private college or university and the chair of the Board of Governors or board of trustees. 6. If any property within a 1-mile radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.30701 or an administrative or court order is the site of a public or private college or university, the department shall mail a copy of the notice to the president of the public or private college or university and the chair of the Board of Governors or board of trustees. 7. If any property within a 250-foot radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81 is the site of a public or private college or university, the department shall mail a copy of the notice to the president of the public or private college or university and the chair of the Board of Governors or board of trustees. (e) Along with the copy of the notice or its equivalent,the department shall include a letter identifying sources of additional information about the contamination and a telephone number to which further inquiries should be directed. The department may collaborate with the Department of Health to develop such sources of information and to establish procedures for responding to public inquiries about health risks associated with contaminated sites. (f) The department shall provide quarterly a list to both United States Senators for the state of all contaminated sites being rehabilitated pursuant to s. 376.30701, s. 376.3071(5), s. 376.3078(4), or s. 376.81 that are located within the state and to each representative to Congress for the state of all contaminated sites being rehabilitated pursuant to s. 376.30701, s. 376.3071(5), s. 376.3078(4), or s. 376.81 that are located within that individual's congressional district. (4) LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.-Within days after receiving the actual notice required under subsection (3), the local government shall mail a copy of the notice to the president of any homeowners' association created pursuant to chapter 720, the president or equivalent representative of any incorporated voluntary homeowners' or neighborhood association, and the president or equivalent representative of any other existing voluntary homeowners' or neighborhood association that is not incorporated but has registered with the applicable local government pursuant to local governmental requirements that are located within the areas identified in sub-subparagraph (3)(b)4.a., sub-subparagraph (3)(b)4.b., or sub-subparagraph (3)(b)4.c. (5) RECOVERY OF NOTIFICATION COSTS.-The department may recover the costs of postage, materials, and labor associated with notification from the party responsible for the contamination, unless site rehabilitation is eligible for state-funded cleanup pursuant to the risk-based corrective action provisions found in s. 376.3071(5) or s. 376.3078(4), provided that sufficient funds exist within the trust funds to cover the cost of the notification. (6) (4) RULEMAKING AUTHORITY.-The department shall adopt rules and forms pursuant to ss. 120.536(1) and 120.54 to administer implement the requirements of this section. Section 2. This act shall take effect July 1, 2011.
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Contamination Notification
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Revises provisions relating to Century Commission for a Sustainable Florida; revises findings & intent; revises planning timeframes; revises membership of commission; deletes obsolete provisions; provides for election of chair; provides meeting requirements for commission; provides & revises powers & duties of executive director & commission; provides voting requirements; provides for reimbursement for per diem & travel expenses, etc.
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An act relating to the Century Commission for a Sustainable Florida; amending s. 163.3247, F.S.; revising provisions relating to the Century Commission for a Sustainable Florida; revising the findings and intent to include the necessity for a specific strategic plan addressing the state's growth management system; revising the planning timeframes to include a 10-year horizon; revising membership of the commission; deleting obsolete provisions regarding initial appointments; providing for the election of a chair and excluding certain members from serving as chair during a specified period; requiring that the commission meet at least six times per fiscal year; deleting a provision that requires the commission to meet in different regions in the state; requiring that the executive director establish a meeting calendar with the commission's approval; authorizing the commission to form subcommittees by vote; providing for a majority vote of members on commission actions; providing for reimbursement for per diem and travel expenses; revising provisions relating to the commission's powers and duties; requiring that the commission, in cooperation with interested state agencies, local governments, and nongovernmental stakeholders, develop a strategic plan and submit the plan to the Governor and the Legislature by a specified date; requiring that the commission also submit progress reports by specified dates; requiring that the commission make presentations to the Governor and the Legislature; providing that an executive director be appointed by the Secretary of Community Affairs and ratified by the commission; requiring that the Department of Community Affairs provide a specific line item in its annual legislative budget request to fund the commission during a specified period; authorizing the department to obtain additional funding through external grants; requiring that the department provide sufficient funding and staff support to assist the commission in its duties; providing for future expiration and the abolishment of the commission; providing an effective date. 41 Be It Enacted by the Legislature of the State of Florida: 43 Section 1. Section 163.3247, Florida Statutes, as amended by section of chapter 2010-153, Laws of Florida, is amended, and subsection (6) is added to that section, to read: 163.3247 Century Commission for a Sustainable Florida.-(1) POPULAR NAME.-This section may be cited as the "Century Commission for a Sustainable Florida Act." (2) FINDINGS AND INTENT.-The Legislature finds and declares that the population of this state is expected to more than double over the next years, with commensurate impacts to the state's natural resources and public infrastructure. Consequently, it is in the best interests of the people of the state to ensure sound planning for the proper placement of this growth and protection of the state's land, water, and other natural resources since such resources are essential to our collective quality of life and a strong economy. The state's growth management system should foster economic stability through regional solutions and strategies, urban renewal and infill, and the continued viability of agricultural economies, while allowing for rural economic development and protecting the unique characteristics of rural areas, and should reduce the complexity of the regulatory process while carrying out the intent of the laws and encouraging greater citizen participation. The Legislature further finds that it is imperative that the state have a specific strategic plan addressing its growth management system. (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION; ORGANIZATION.-The Century Commission for a Sustainable Florida is created as a standing body to help the citizens of this state envision and plan their collective future with an eye towards 10-year, both 25-year,and 50-year horizons. (a) The commission shall consist of members appointed as follows:,1. Two members appointed by the Governor;, 2. Five members appointed by the President of the Senate;, and 3. Five members appointed by the Speaker of the House of Representatives;4. The chairs of the legislative growth management committees; 5. The Secretary of Community Affairs; 6. The Secretary of Environmental Protection; 7. The Secretary of Transportation; and 8. The director of the Office of Tourism, Trade, and Economic Development.(b) Appointments shall be made no later than October 1, 2005. Members of the commission The membership must represent local governments, school boards, developers and homebuilders, the business community, the agriculture community, the environmental community, and other appropriate stakeholders. Beginning July 1, 2011, through June 30, 2013, one member shall be elected to serve as chair by a vote of the commission membership. However, the chairs of the legislative growth management committees, the Secretary of Community Affairs, the Secretary of Environmental Protection, the Secretary of Transportation, and the director of the Office of Tourism, Trade, and Economic Development may not serve as chair during this period designated by the Governor as chair of the commission.Any vacancy that occurs on the commission must be filled in the same manner as the original appointment and shall be for the unexpired term of that commission seat. Members shall serve 4-year terms, except that, initially, to provide for staggered terms, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member to serve a 2-year term, two members to serve 3-year terms, and two members to serve 4-year terms. Members shall be appointed to serve All subsequent appointments shall be for 4-year terms. An appointee may not serve more than years. However, members who are appointed on or before January 1, 2011, shall have their terms automatically extended to June 30, 2013, to ensure continuity during the development of the strategic plan. (c) (b) The fiscal year of the commission begins July each year and ends June of the following year. The first meeting of The commission shall be held no later than December 1, 2005, and shall meet at the call of the chair but not less frequently than six three times per fiscal year in different regions of the state to solicit input from the public or any other individuals offering testimony relevant to the issues to be considered. The executive director shall establish a meeting calendar for the fiscal year which considers the availability of members. The commission must vote to approve the meeting calendar before the beginning of the fiscal year. The commission may vote to form subcommittees and schedule meetings as necessary. (d) (c) Each member of the commission is entitled to one vote, and the actions of the commission are not binding unless taken by a majority three-fifths vote of the members present. A majority of the members is required to constitute a quorum, and the affirmative vote of a quorum is required for a binding vote. (e) (d) Members of the commission shall serve without compensation,but are shall be entitled to receive reimbursement for per diem and travel expenses as provided in accordance with s. 112.061 while in the performance of their duties. (4) POWERS AND DUTIES.-(a) The commission shall:(a) Annually conduct a process through which the commission envisions the future for the state and then develops and recommends policies, plans, action steps, or strategies to assist in achieving the vision. (b) Continuously review and consider statutory and regulatory provisions, governmental processes, and societal and economic trends in its inquiry of how state, regional, and local governments and entities and citizens of this state can best accommodate projected increased populations while maintaining the natural, historical, cultural, and manmade life qualities that best represent the state. (c) bring together people representing varied interests to develop a shared image of the state and its developed and natural areas. The process should involve exploring the impact of the estimated population increase and other emerging trends and issues; creating a vision for the future; and developing a strategic action plan to achieve that vision using 10-year, 25-year,and 50-year intermediate planning timeframes. The plan must: 1. (d) Focus on essential state interests, defined as those interests that transcend local or regional boundaries and are most appropriately conserved, protected, and promoted at the state level;. 2. Accommodate the projections for an increase in population while maintaining the state's natural, historical, cultural, and manmade life qualities; and 3. Be developed through a coordinated, integrated, and comprehensive effort across agencies, local governments, and nongovernmental stakeholders. (b) The commission shall submit the strategic plan to the Governor and the Legislature by November 15, 2012, along with progress reports by November 15, 2011, and March 15, 2012. The commission shall also make presentations, at least annually, to the Governor and the Legislature. (e) Serve as an objective, nonpartisan repository of exemplary community-building ideas and as a source to recommend strategies and practices to assist others in working collaboratively to problem solve on issues relating to growth management. (f) Annually, beginning January 16, 2007, and every year thereafter on the same date, provide to the Governor, the President of the Senate, and the Speaker of the House of Representatives a written report containing specific recommendations for addressing growth management in the state, including executive and legislative recommendations. Further, the report shall contain discussions regarding the need for intergovernmental cooperation and the balancing of environmental protection and future development and recommendations on issues, including, but not limited to, recommendations regarding dedicated sources of funding for sewer facilities, water supply and quality, transportation facilities that are not adequately addressed by the Strategic Intermodal System, and educational infrastructure to support existing development and projected population growth. (c) (g) Beginning with the 2007 Regular Session of the Legislature, the President of the Senate and the Speaker of the House of Representatives shall create a joint select committee, the task of which shall be to review the findings and recommendations of the Century Commission for a Sustainable Florida for potential action. (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-(a) The Secretary of Community Affairs shall select An executive director shall be appointed by the Secretary of Community Affairs and ratified by the commission and of the commission, and the executive director shall serve at the pleasure of the secretary under the supervision and control of the commission under the direction of the chair.(b) The Department of Community Affairs shall provide a specific line item in its annual legislative budget request to fund the commission for the period beginning July 1, 2011, through June 30, 2013. The department may obtain additional funding through external grants. The department shall provide sufficient funds and staff support for the purpose of assisting the commission in completing the strategic plan staff and other resources necessary to accomplish the goals of the commission based upon recommendations of the Governor.(c) All agencies under the control of the Governor are directed, and all other agencies are requested, to render assistance to, and cooperate with, the commission. (6) EXPIRATION.-This section expires and the commission is abolished June 30, 2013. Section 2. This act shall take effect July 1, 2011.
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Century Commission for a Sustainable Florida
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Provides that charging order against member's limited liability interest is sole & exclusive remedy available to enforce judgment creditor's unsatisfied judgment against member or member's assignee with respect to limited liability company; provides exception for enforcing judgment creditor's unsatisfied judgment against judgment debtor or assignee of judgment debtor of single-member limited liability company under certain circumstances, etc.
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WHEREAS, on June 24, 2010, the Florida Supreme Court held in Olmstead v. Federal Trade Commission (No. SC08-1009), reported at So.3d 76, 2010-1 Trade Cases P77,079, Fla. L. Weekly S357, that a charging order is not the exclusive remedy available to a creditor holding a judgment against the sole member of a Florida single-member limited liability company (LLC), and WHEREAS, a charging order represents a lien entitling a judgment creditor to receive distributions from the LLC or the partnership that otherwise would be payable to the member or partner who is the judgment debtor, and WHEREAS, the dissenting members of the Court in Olmstead expressed a concern that the majority's holding is not limited to a single-member LLC and a desire that the Legislature clarify the law in this area, and WHEREAS, the Legislature finds that the uncertainty of the breadth of the Court's holding in Olmstead may persuade businesses and investors located in Florida to organize LLCs under the law in other jurisdictions where a charging order is the exclusive remedy available to a judgment creditor of a member of a multimember LLC, and WHEREAS, the Legislature further finds it necessary to amend s. 608.433, Florida Statutes, to remediate the potential effect of the holding in Olmstead and to clarify that the current law does not extend to a member of a multimember LLC organized under Florida law and to provide procedures for application of the holding in Olmstead to a member of a single-member LLC organized under Florida law, NOW, THEREFORE, 50 Be It Enacted by the Legislature of the State of Florida: 52 Section 1. Section 608.433, Florida Statutes, is amended to read: 608.433 Right of assignee to become member.-(1) Unless otherwise provided in the articles of organization or operating agreement, an assignee of a limited liability company interest may become a member only if all members other than the member assigning the interest consent. (2) An assignee who has become a member has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of the assigning member under the articles of organization, the operating agreement, and this chapter. An assignee who becomes a member also is liable for the obligations of the assignee's assignor to make and return contributions as provided in s. 608.4211 and wrongful distributions as provided in s. 608.428. However, the assignee is not obligated for liabilities which are unknown to the assignee at the time the assignee became a member and which could not be ascertained from the articles of organization or the operating agreement. (3) If an assignee of a limited liability company interest becomes a member, the assignor is not released from liability to the limited liability company under s. ss. 608.4211, s. 608.4228, or s. and 608.426. (4) (a) On application to a court of competent jurisdiction by any judgment creditor of a member or a member's assignee,the court may enter a charging order against the limited liability company interest of the judgment debtor or assignee rights for charge the limited liability company membership interest of the member with payment of the unsatisfied amount of the judgment plus with interest. (b) A charging order constitutes a lien on the judgment debtor's limited liability company interest or assignee rights. Under a charging order To the extent so charged,the judgment creditor has only the rights of an assignee of a limited liability company interest to receive any distribution or distributions to which the judgment debtor would otherwise have been entitled from the limited liability company, to the extent of the judgment, including such interest. (c) This chapter does not deprive any member or member's assignee of the benefit of any exemption law laws applicable to the member's limited liability company interest or the assignee's rights to distributions from the limited liability company.(5) Except as provided in subsections (6) and (7), a charging order is the sole and exclusive remedy by which a judgment creditor of a member or member's assignee may satisfy a judgment from the judgment debtor's interest in a limited liability company or rights to distributions from the limited liability company. (6) In the case of a limited liability company having only one member, if a judgment creditor of a member or member's assignee establishes to the satisfaction of a court of competent jurisdiction that distributions under a charging order will not satisfy the judgment within a reasonable time, a charging order is not the sole and exclusive remedy by which the judgment creditor may satisfy the judgment against a judgment debtor who is the sole member of a limited liability company or the assignee of the sole member, and upon such showing, the court may order the sale of that interest in the limited liability company pursuant to a foreclosure sale. A judgment creditor may make a showing to the court that distributions under a charging order will not satisfy the judgment within a reasonable time at any time after the entry of the judgment and may do so at the same time that the judgment creditor applies for the entry of a charging order. (7) In the case of a limited liability company having only one member, if the court orders foreclosure sale of a judgment debtor's interest in the limited liability company or of a charging order lien against the sole member of the limited liability company pursuant to subsection (6): (a) The purchaser at the court-ordered foreclosure sale obtains the member's entire limited liability company interest, not merely the rights of an assignee; (b) The purchaser at the sale becomes the member of the limited liability company; and (c) The person whose limited liability company interest is sold pursuant to the foreclosure sale or is the subject of the foreclosed charging order ceases to be a member of the limited liability company. (8) In the case of a limited liability company having more than one member, the remedy of foreclosure on a judgment debtor's interest in such limited liability company or against rights to distribution from such limited liability company is not available to a judgment creditor attempting to satisfy the judgment and may not be ordered by a court. (9) Nothing in this section shall limit: (a) The rights of a creditor that has been granted a consensual security interest in a limited liability company interest to pursue the remedies available to such secured creditor under other law applicable to secured creditors; (b) The principles of law and equity which affect fraudulent transfers; (c) The availability of the equitable principles of alter ego, equitable lien, or constructive trust, or other equitable principles not inconsistent with this section; or (d) The continuing jurisdiction of the court to enforce its charging order in a manner consistent with this section. Section 2. The amendment to s. 608.433, Florida Statutes, made by this act is intended by the Legislature to be clarifying and remedial in nature and shall apply retroactively. Section 3. This act shall take effect upon becoming a law.
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Limited Liability Companies
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Authorizes Division of Alcoholic Beverages & Tobacco of DBPR to issue alcoholic beverage license to City of Tampa to use within Curtis Hixon Waterfront Park & Kiley Garden Park; provides that license may be used only for special events; provides for payment of license fee; prohibits sales for consumption off premises; authorizes transfer & provides for subsequent reversion of license under certain circumstances.
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An act relating to the City of Tampa, Hillsborough County; authorizing the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue an alcoholic beverage license to the City of Tampa for use within the buildings and adjoining grounds of Curtis Hixon Waterfront Park and Kiley Garden Park; providing for payment of the license fee; authorizing sale of alcoholic beverages for consumption within the buildings and their adjoining grounds; prohibiting sales for consumption off premises; providing for construction of this act; authorizing transfer and providing for subsequent reversion of the license under certain circumstances; providing an effective date. 16 Be It Enacted by the Legislature of the State of Florida: 18 Section 1. Notwithstanding any other provision of law, the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation is authorized, upon application, to issue an alcoholic beverage license in accordance with section 561.17, Florida Statutes, to the City of Tampa, a political subdivision of the state, East Jackson Street, Tampa, for use within buildings located in Curtis Hixon Waterfront Park, North Ashley Drive, and Kiley Garden Park, 500 North Ashley Drive, and on adjoining grounds. The city shall pay the applicable license fee provided in section 565.02, Florida Statutes. Section 2. Alcoholic beverages may be sold by the licensee for consumption within Curtis Hixon Waterfront Park and Kiley Garden Park, including the associated buildings and adjoining grounds. The license issued pursuant to this act does not permit the sale of alcoholic beverages in sealed containers for consumption outside the buildings and adjoining grounds. Nothing in this act shall prevent the licensee from removing an opened, partially consumed container of alcoholic beverage from the premises. Section 3. The City of Tampa may transfer the license from time to time to qualified applicants who are either authorized by or under contract with the city to provide food services at the buildings. Upon termination of a transferee's authorization or contract, the license automatically reverts by operation of law to the city. Section 4. This act shall take effect upon becoming a law.
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City of Tampa, Hillsborough County
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Revises definition of term "sexual activity" for purposes of provisions relating to certain lewd or lascivious offenses.
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An act relating to lewd or lascivious offenses; amending and reenacting s. 800.04, F.S.; revising the definition of the term "sexual activity" for purposes of provisions relating to certain lewd or lascivious offenses; providing penalties; providing an effective date. 8 Be It Enacted by the Legislature of the State of Florida: 10 Section 1. Paragraph (a) of subsection (1) of section 800.04, Florida Statutes, is amended, and subsection (4) and paragraph (a) of subsection (7) of that section are reenacted, to read: 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than years of age.-(1) DEFINITIONS.-As used in this section: (a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (4) LEWD OR LASCIVIOUS BATTERY.-A person who: (a) Engages in sexual activity with a person years of age or older but less than years of age; or (b) Encourages, forces, or entices any person less than years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity 30 commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) LEWD OR LASCIVIOUS EXHIBITION.-(a) A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity 44 in the presence of a victim who is less than years of age, commits lewd or lascivious exhibition. Section 2. This act shall take effect July 1, 2011.
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Lewd or Lascivious Offenses
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Creates "Postdisaster Relief Assistance Act"; provides immunity from civil liability for providers of temporary housing & aid to emergency first responders & their immediate family members following declared emergency; provides nonapplicability.
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An act relating to emergency management; creating s. 252.515, F.S.; providing a short title; providing immunity from civil liability for providers of temporary housing and aid to emergency first responders and their immediate family members following a declared emergency; providing definitions; providing nonapplicability; authorizing specified registration with a county emergency management agency as a provider of housing for emergency first responders; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Section 252.515, Florida Statutes, is created to read: 252.515 Postdisaster Relief Assistance Act; immunity from civil liability.-(1) This act may be cited as the "Postdisaster Relief Assistance Act." (2) Any person who gratuitously and in good faith provides temporary housing, food, water, or electricity to emergency first responders or the immediate family members of emergency first responders in response to an emergency situation related to and arising out of a public health emergency declared pursuant to s. 381.00315 or a state of emergency declared pursuant to s. 252.36, may not be held liable for any civil damages as a result of providing the temporary housing, food, water, or electricity unless the person acts in a manner that demonstrates a reckless disregard for the consequences of another. (3) As used in this section, the term: (a) "Emergency first responder" means: 1. A physician licensed under chapter 458. 2. An osteopathic physician licensed under chapter 459. 3. A chiropractic physician licensed under chapter 460. 4. A podiatric physician licensed under chapter 461. 5. A dentist licensed under chapter 466. 6. An advanced registered nurse practitioner certified under s. 464.012. 7. A physician assistant licensed under s. 458.347 or s. 459.022. 8. A worker employed by a public or private hospital in the state. 9. A paramedic as defined in s. 401.23(17). 10. An emergency medical technician as defined in s. 401.23(11). 11. A firefighter as defined in s. 633.30. 12. A law enforcement officer as defined in s. 943.10. 13. A member of the Florida National Guard. 14. Any other personnel designated as emergency personnel by the Governor pursuant to a declared emergency. (b) "Immediate family member" means any parent, spouse, child, or sibling. (4) The immunity provided by this section does not apply to damages as a result of any act or omission: (a) That occurs more than months after the declaration of an emergency by the Governor, unless the declared state of emergency is extended by the Governor, in which case the immunity provided by this section continues to apply for the duration of the extension and months thereafter; or (b) That is unrelated to the original declared emergency or any extension thereof. (5) As used in this section, the term "reckless disregard" means such conduct that a reasonable person knew or should have known, at the time such services were provided, would be likely to result in injury so as to affect the life or health of another, taking into account the extent or serious nature of the prevailing circumstances. (6) A person may register with a county emergency management agency as a temporary provider of housing, food, water, or electricity for emergency first responders if the county provides for such registration. A person who has registered with a county emergency management agency as a provider of temporary housing, food, water, or electricity to emergency first responders or the immediate family members of emergency first responders is presumed to have acted in good faith in providing such housing, food, water, or electricity. Section 2. This act shall take effect July 1, 2011.
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Emergency Management
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Requires electric utilities to collect monthly systems charge from residential, commercial, & industrial customers; provides for deposit of collected funds into Sustainable & Renewable Energy Policy Trust Fund; creates direct-support organization for Florida Energy & Climate Commission; requires contract between office & direct-support organization; provides for use of funds; requires annual audit, etc.
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An act relating to renewable energy; providing legislative findings; providing definitions; requiring each electric utility in the state to collect from each residential, commercial, and industrial customer a designated monthly systems charge; requiring the electric utilities to deposit collected funds into the Sustainable and Renewable Energy Policy Trust Fund; creating a direct-support organization for the Florida Energy and Climate Commission; providing for a board of directors of the direct-support organization; providing for appointment of members and terms of office; requiring a contract between the commission and the direct-support organization; providing for the use of the deposited funds; requiring an annual audit; amending s. 366.91, F.S.; requiring that a purchase contract offered to producers of renewable energy contain payment provisions for energy and capacity based upon a public utility's equivalent cost-recovery rate for certain clean energy projects rather than the utility's full avoided costs; amending s. 377.806, F.S.; revising the expiration date for the Solar Energy System Incentives Program; extending the period of time for which residents of the state are eligible to receive rebates for specified solar energy systems; revising the rebate amount for eligible solar energy systems; providing a schedule for rebate amounts based on the total wattage of the system; amending s. 570.954, F.S.; correcting a reference; providing an effective date. 30 Be It Enacted by the Legislature of the State of Florida: 32 Section 1. (1) The Legislature finds that there is a need for a funding mechanism to support and finance a comprehensive energy policy, especially as it relates to sustainable and renewable energy, energy conservation, and energy efficiencies. With such a stable funding mechanism, this state will realize important long-term goals, including: (a) Increased independence from foreign oil; (b) Ensuring an adequate and reliable energy supply; (c) The promotion of economic growth and new investment in the creation of high-paying jobs; (d) The mitigation adverse environmental impacts and promotion of stewardship of the environment; (e) Leading the nation in energy conservation and energy efficiencies through needed support for implementing and marketing the products of renewable energy research and innovation; and (f) Contributing to a sustainable and renewable energy policy for the state. (2) As used in this section, the term: (a) "Commission" means the Florida Energy and Climate Commission. (b) "Direct-support organization" means an organization that is: 1. A Florida corporation, not for profit, incorporated under chapter 617, Florida Statutes, and approved by the Department of State; 2. Organized and operated exclusively to obtain funds; to request and receive grants, gifts, and bequests of moneys; to acquire, receive, hold, invest, and administer in its own name securities, funds, or property; and to make expenditures to support the achievement of the goals stated under subsection (1) and to increase public awareness of and support for the Sustainable and Renewable Energy Trust Fund; and 3. Determined by the commission to be operating in a manner consistent with the goals stated under subsection (1). (c) "Electric utility" means any municipal electric utility, investor-owned electric utility, or rural electric cooperative that owns, maintains, or operates an electric generation, transmission, or distribution system within the state. (d) "Energy conservation" and "energy efficiencies" means any activity that facilitates and promotes the use of cost-effective energy conservation, energy-demand management, and renewable energy technologies. (e) "Renewable energy" means solar photovoltaic energy, solar thermal energy, geothermal energy, ocean thermal energy, wave or tidal energy, wind, fuel cells, landfill gas, hydrogen production and hydrogen conversion technologies, low-emission advanced biomass conversion technologies, alternative fuels used for electricity generation, including ethanol, biodiesel, or other fuel produced in this state and derived from agricultural produce, algae, food waste, or waste vegetable oil, usable electricity from combined heat and power systems that have waste heat recovery systems, thermal storage systems, and other energy resources and emerging technologies that have significant potential for commercialization and that do not involve the combustion of coal, petroleum or petroleum products, municipal solid waste, or nuclear fission. (3) Beginning January 1, 2012, each electric utility shall collect from each residential, commercial, and industrial electric utility customer a monthly charge of cents as a systems benefits charge. The electric utilities shall deposit the collected funds into the Sustainable and Renewable Energy Policy Trust Fund. (4)(a) The Florida Energy and Climate Commission shall establish a direct-support organization to provide assistance, funding, and support for the commission in carrying out its mission. This section governs the creation, use, powers, and duties of the direct-support organization. (b) The direct-support organization shall be governed by a board of directors. The board of directors shall consist of nine members, as follows: 1. The chair of the Florida Public Service Commission, or his or her designee. 2. The Secretary of Environmental Protection, or his or her designee. 3. Two members appointed by the Governor, both of whom are residential electric utility customers and one of whom has experience relating to low-income housing concerns. 4. Two members appointed by the President of the Senate. 5. Two members appointed by the Speaker of the House of Representatives. 6. One member appointed by the Chief Financial Officer who has experience related to renewable energy business or commercial investments. (c) The term of office of the board members shall be years. The terms of the initial appointees shall be for year, 2 years, or years in order to achieve staggered terms. A member may be reappointed when his or her term expires. The head of the commission or his or her designee shall serve as an ex officio member of the board of directors. (d) Members must be residents of this state. A majority of the members must be actively involved with sustainable and renewable energy systems and highly knowledgeable about the commission, its research, and its mission. A member may be removed by the Governor, the President of the Senate, the Speaker of the House of Representatives, or the Chief Financial Officer for cause and with the approval of a majority of the members of the board of directors. A vacancy shall be filled in the same manner as the initial appointment. (e) The direct-support organization shall operate under a written contract with the commission. The written contract must provide for: 1. Certification by the commission that the direct-support organization is complying with the terms of the contract and is doing so consistent with the goals and purposes of the department and in the best interests of the state. This certification must be made annually and reported in the official minutes of a meeting of the direct-support organization. 2. The reversion of moneys and property held by the direct-support organization: a. To the commission, if the direct-support organization is no longer approved to operate for the commission or if the direct support organization ceases to exist; or b. To the state, if the commission ceases to exist. 3. The disclosure of the material provisions of the contract and the distinction between the commission and the direct-support organization to donors of gifts, contributions, or bequests, including such disclosure on all promotional and fundraising publications. (f)1. The commission may permit the use of its property, facilities, and personal services by the direct-support organization, subject to this section. 2. The commission may prescribe by contract any condition with which the direct-support organization must comply in order to use property, facilities, or personal services of the commission. 3. The commission may not permit the use of its property, facilities, or personal services by any direct-support organization organized under this section which does not provide equal employment opportunities to all persons regardless of race, color, national origin, gender, age, or religion. (g) Any transaction or agreement between the direct-support organization created by this section and another direct-support organization or other entity must be approved by the Governor. (h) All moneys received by the direct-support organization from federal and state grants, private contributions, and the Sustainable and Renewable Energy Policy Trust Fund shall be deposited into an account of the direct-support organization. The direct-support organization shall use the collected charges to support funding for sustainable and renewable energy projects, including, but not limited to, grants to provide funding in the following order of priority: 1. Any backlog of approved rebate applications for the Solar Energy Systems Incentive Program. 2. The implementation of innovation to market projects, with specific attention directed toward the number of in-state jobs created. 3. Energy conservation and energy efficiency projects, with specific attention directed to projects for low-income housing, including rental units, rental homes, condominiums, and single-family homes. (i)1. The fiscal year of the direct-support organization shall begin on July of each year and end on June of the following year. 2. The direct-support organization shall submit to the commission its federal Internal Revenue Service Application for Recognition of Exemption form and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form. (j) The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981, Florida Statutes. Section 2. Subsection (3) of section 366.91, Florida Statutes, is amended to read: 366.91 Renewable energy.-(3) On or before January 1, 2006, each public utility must continuously offer a purchase contract to producers of renewable energy. The commission shall establish requirements relating to the purchase of capacity and energy by public utilities from renewable energy producers and may adopt rules to administer this section. The contract shall contain payment provisions for energy and capacity which are based upon the utility's equivalent cost-recovery rate for projects constructed pursuant to s. 366.92(4) full avoided costs, as defined in s. 366.051;however, capacity payments are not required if, due to the operational characteristics of the renewable energy generator or the anticipated peak and off-peak availability and capacity factor of the utility's avoided unit, the producer is unlikely to provide any capacity value to the utility or the electric grid during the contract term. Each contract must provide a contract term of at least years. Prudent and reasonable costs associated with a renewable energy contract shall be recovered from the ratepayers of the contracting utility, without differentiation among customer classes, through the appropriate cost-recovery clause mechanism administered by the commission. Section 3. Subsection (1) and paragraph (b) of subsection (2) of section 377.806, Florida Statutes, are amended to read: 377.806 Solar Energy System Incentives Program.-(1) PURPOSE.-The Solar Energy System Incentives Program is established within the commission to provide financial incentives for the purchase and installation of solar energy systems. Any resident of the state who purchases and installs a new solar energy system of kilowatts or larger for a solar photovoltaic system, a solar energy system that provides at least percent of a building's hot water consumption for a solar thermal system, or a solar thermal pool heater, from July 1, 2006, through June 30, 2016 2010,is eligible for a rebate on a portion of the purchase price of that solar energy system. (2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.-(b) Rebate amounts.-The rebate amount shall be set at $2.50 $4 per watt for fiscal year 2011-2012, $2 per watt for fiscal years 2012-2013 and 2013-2014, and $1.50 per watt for each subsequent fiscal year, based on the total wattage rating of the system. The maximum allowable rebate per solar photovoltaic system installation shall be as follows: 1. Twenty thousand dollars for a residence. 2. One hundred thousand dollars for a place of business, a publicly owned or operated facility, or a facility owned or operated by a private, not-for-profit organization, including condominiums or apartment buildings. Section 4. Subsection (3) of section 570.954, Florida Statutes, is amended to read: 570.954 Farm-to-fuel initiative.-(3) The department shall coordinate with and solicit the expertise of the Florida Energy and Climate Commission state energy office within the Department of Environmental Protection when developing and implementing this initiative. Section 5. This act shall take effect July 1, 2011.
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Renewable Energy
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Provides required criteria for approval of credentialing entities that develop & administer certification programs for persons who provide child welfare services; revises use of Child Welfare Training Trust Fund within DCFS; requires persons who provide child welfare services to be certified by third-party credentialing entity; allows entities to add to or augment preservice curriculum & allows entities to contract for training; provides for recognition for currently certified persons; authorizes approval of third-party credentialing entities.
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An act relating to the training and certification of child welfare personnel; amending s. 402.40, F.S.; revising legislative intent; defining the terms "child welfare certification," "core competency," "preservice curriculum," and "third-party credentialing entity"; providing required criteria for the approval of credentialing entities that develop and administer certification programs for persons who provide child welfare services; revising the use of the Child Welfare Training Trust Fund within the Department of Children and Family Services; revising provisions relating to preservice curricula; requiring persons who provide child welfare services to be certified by a third-party credentialing entity; allowing entities to add to or augment preservice curriculum; allowing entities to contract for training; requiring persons to master core competencies; providing for recognition for currently certified persons; deleting requirements relating to certification and trainer qualifications; deleting provisions relating to training academies; amending s. 402.731, F.S.; authorizing approval of third-party credentialing entities; providing an effective date. 25 Be It Enacted by the Legislature of the State of Florida: 27 Section 1. Section 402.40, Florida Statutes, is amended to read: 402.40 Child welfare training and certification.-(1) LEGISLATIVE INTENT.-In order to enable the state to provide a systematic approach to staff development and training for persons providing child welfare services that will meet the needs of such staff in their discharge of duties, it is the intent of the Legislature that the Department of Children and Family Services work in collaboration with the child welfare stakeholder community, including department-approved third-party credentialing entities, to ensure that staff have the knowledge, skills, and abilities necessary to competently provide child welfare services establish, maintain, and oversee the operation of child welfare training academies in the state.It is the intent of the Legislature that each person providing child welfare services in this state earns and maintains a professional certification from a professional credentialing entity that is approved by the Department of Children and Family Services. The Legislature further intends that certification the staff development and training programs that are established will aid in the reduction of poor staff morale and of staff turnover, will positively impact on the quality of decisions made regarding children and families who require assistance from programs providing child welfare services, and will afford better quality care of children who must be removed from their families. (2) DEFINITIONS.-As used in this section, the term: (a) "Child welfare certification" means a professional credential awarded by a department-approved third-party credentialing entity to individuals demonstrating core competency in any child welfare practice area. (b) (a) "Child welfare services" means any intake, protective investigations, preprotective services, protective services, foster care, shelter and group care, and adoption and related services program, including supportive services and,supervision,and legal services, provided to children who are alleged to have been abused, abandoned, or neglected,or who are at risk of becoming, are alleged to be, or have been found dependent pursuant to chapter 39. (c) "Core competency" means the minimum knowledge, skills, and abilities necessary to carry out work responsibilities. (d) (b) "Person providing child welfare services" means a person who has a responsibility for supervisory, legal, direct care,or support-related support related work in the provision of child welfare services pursuant to chapter 39. (e) "Preservice curriculum" means the minimum statewide training content based upon the core competencies which is made available to all persons providing child welfare services. (f) "Third-party credentialing entity" means a department-approved nonprofit organization that has met nationally recognized standards for developing and administering professional certification programs. (3) THIRD-PARTY CREDENTIALING ENTITIES CHILD WELFARE TRAINING PROGRAM.-The department shall approve one or more third-party credentialing entities for the purpose of developing and administering child welfare certification programs for persons who provide child welfare services. A third-party credentialing entity shall request such approval in writing from the department. In order to obtain approval, the third-party credentialing entity must: (a) Establish professional requirements and standards that applicants must achieve in order to obtain a child welfare certification and to maintain such certification. (b) Develop and apply core competencies and examination instruments according to nationally recognized certification and psychometric standards. (c) Maintain a professional code of ethics and a disciplinary process that apply to all persons holding child welfare certification. (d) Maintain a database, accessible to the public, of all persons holding child welfare certification, including any history of ethical violations. (e) Require annual continuing education for persons holding child welfare certification. (f) Administer a continuing education provider program to ensure that only qualified providers offer continuing education opportunities for certificateholders establish a program for training pursuant to the provisions of this section, and all persons providing child welfare services shall be required to participate in and successfully complete the program of training pertinent to their areas of responsibility.(4) CHILD WELFARE TRAINING TRUST FUND.-(a) There is created within the State Treasury a Child Welfare Training Trust Fund to be used by the Department of Children and Family Services for the purpose of funding the professional development a comprehensive system of child welfare training, including the securing of consultants to develop the system and the developing of child welfare training academies that include the participation of persons providing child welfare services. (b) One dollar from every noncriminal traffic infraction collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be deposited into the Child Welfare Training Trust Fund. (c) In addition to the funds generated by paragraph (b), the trust fund shall receive funds generated from an additional fee on birth certificates and dissolution of marriage filings, as specified in ss. 382.0255 and 28.101, respectively, and may receive funds from any other public or private source. (d) Funds that are not expended by the end of the budget cycle or through a supplemental budget approved by the department shall revert to the trust fund. (5) CORE COMPETENCIES.-(a) The Department of Children and Family Services shall approve establish the core competencies and related preservice curricula for a single integrated curriculum that ensures that each person delivering child welfare services obtains the knowledge, skills, and abilities to competently carry out his or her work responsibilities. This curriculum may be a compilation of different development efforts based on specific subsets of core competencies that are integrated for a comprehensive curriculum required in the provision of child welfare services in this state. (b) The identification of these core competencies and development of preservice curricula shall be a collaborative effort that includes to include professionals who have with expertise in child welfare services,department-approved third-party credentialing entities, and providers that will be affected by the curriculum, including to include,but not be limited to, representatives from the community-based care lead agencies, sheriffs' offices conducting child protection investigations, and child welfare legal services providers. (c) Community-based care agencies, sheriffs' offices, and the department may contract for the delivery of preservice and any additional training for persons delivering child welfare services if the curriculum satisfies the department-approved core competencies. Notwithstanding s. 287.057(3) and (21), the department shall competitively solicit and contract for the development, validation, and periodic evaluation of the training curricula for the established single integrated curriculum. No more than one training curriculum may be developed for each specific subset of the core competencies. (d) Department-approved credentialing entities shall, for a period of at least months after implementation of the third-party child welfare certification programs, grant reciprocity and award a child welfare certification to individuals who hold current department-issued child welfare certification in good standing, at no cost to the department or the certificateholder. (6) ADVANCED TRAINING.-The Department of Children and Family Services shall annually examine the advanced training that is needed by persons who deliver child welfare services in the state. This examination shall address whether the current advanced training provided should be continued and shall include the development of plans for incorporating any revisions to the advanced training determined necessary. This examination shall be conducted in collaboration with professionals with expertise in child welfare services and providers that will be affected by the curriculum, to include, but not be limited to, representatives from the community-based care lead agencies, sheriffs' offices conducting child protection investigations, and child welfare legal services providers. (7) CERTIFICATION AND TRAINER QUALIFICATIONS.-The department shall, in collaboration with the professionals and providers described in subsection (5), develop minimum standards for a certification process that ensures that participants have successfully attained the knowledge, skills, and abilities necessary to competently carry out their work responsibilities and shall develop minimum standards for trainer qualifications which must be required of training academies in the offering of the training curricula. Any person providing child welfare services shall be required to master the components of the curriculum that are particular to that person's work responsibilities. (8) ESTABLISHMENT OF TRAINING ACADEMIES.-The department shall establish child welfare training academies as part of a comprehensive system of child welfare training. In establishing a program of training, the department may contract for the operation of one or more training academies to perform one or more of the following: to offer one or more of the training curricula developed under subsection (5); to administer the certification process; to develop, validate, and periodically evaluate additional training curricula determined to be necessary, including advanced training that is specific to a region or contractor, or that meets a particular training need; or to offer the additional training curricula. The number, location, and timeframe for establishment of training academies shall be approved by the Secretary of Children and Family Services who shall ensure that the goals for the core competencies and the single integrated curriculum, the certification process, the trainer qualifications, and the additional training needs are addressed. Notwithstanding s. 287.057(3) and (21), the department shall competitively solicit all training academy contracts. (6) (9) ADOPTION OF RULES.-The Department of Children and Family Services shall adopt rules necessary to carry out the provisions of this section. Section 2. Subsection (1) of section 402.731, Florida Statutes, is amended to read: 402.731 Department of Children and Family Services certification programs for employees and service providers; employment provisions for transition to community-based care.-(1) The Department of Children and Family Services is authorized to approve third-party credentialing entities, as defined in s. 402.40, create certification programs for its employees and service providers to ensure that only qualified employees and service providers provide client services. The department is authorized to develop rules that include qualifications for certification, including training and testing requirements, continuing education requirements for ongoing certification, and decertification procedures to be used to determine when an individual no longer meets the qualifications for certification and to implement the decertification of an employee or agent. Section 3. This act shall take effect October 1, 2011.
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Training/Certification/Child Welfare Personnel
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Creates "Saving Lives Through Safer Roadways Act"; requires law enforcement officer to impound or immobilize motor vehicle upon issuance of citation or arrest of person for offense of driving while person's driver's license or driving privilege is canceled, suspended, or revoked.
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An act relating to driving with a license that is canceled, suspended, or revoked; creating the "Saving Lives Through Safer Roadways Act"; amending s. 322.34, F.S.; requiring a law enforcement officer to impound or immobilize a motor vehicle upon the issuance of a citation to or arrest of a person for the offense of driving while the person's driver's license or driving privilege is canceled, suspended, or revoked; removing certain conditions for impoundment or immobilization of a vehicle; revising procedures and conditions for release of the vehicle; revising provisions to clarify applicability of penalties; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. This act may be cited as the "Saving Lives Through Safer Roadways Act." Section 2. Section 322.34, Florida Statutes, is amended to read: 322.34 Driving while license suspended, revoked, canceled, or disqualified.-(1) Except as provided in subsection (2), any person whose driver's license or driving privilege has been canceled, suspended, or revoked, except a "habitual traffic offender" as defined in s. 322.264, who drives a vehicle upon the highways of this state while the such license or privilege is canceled, suspended, or revoked commits is guilty of a moving violation, punishable as provided in chapter 318. (2) Except as provided in subsection (10), any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while the such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 47 The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There is shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation. (3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section. (4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person's driver's license must contain a provision notifying the person that his or her driver's license has been canceled, suspended, or revoked. (5) Except as provided in subsection (10), any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while the such license is revoked commits is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Any person who operates a motor vehicle: (a) Without having a driver's license as required under s. 322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), 78 and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any person whose driver's license or driving privilege has been canceled, suspended, revoked, or disqualified and who drives a commercial motor vehicle on the highways of this state while the such license or privilege is canceled, suspended, revoked, or disqualified, upon: (a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8)(a) Upon the issuance of a citation to or arrest of a person for the offense of driving while the person's driver's license or driving privilege is canceled, suspended,or revoked, the law enforcement arresting officer shall determine: 1. Whether the person's driver's license is suspended or revoked. 2. Whether the person's driver's license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license. 3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders. 4. Whether the driver is the registered owner or coowner of the vehicle. (b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle pursuant to the law enforcement agency's impoundment or immobilization procedures or contract with a towing service.(b) (c) Within business days after the date the officer arresting agency impounds or immobilizes the vehicle, either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to all registered any coregistered owners of the vehicle other than the person who was cited or arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle. (c) (d) Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall notify,by express courier service with receipt or certified mail within business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized. (d) (e) Except as provided in paragraph (c) (d),the vehicle shall remain impounded or immobilized for any period imposed by the court until: 1. The owner presents to the law enforcement agency proof of a valid driver's license, ownership of the vehicle, and insurance to the arresting agency;or 2. The owner presents to the law enforcement agency proof of sale of the vehicle to the arresting agency and the buyer presents to the law enforcement agency proof of a valid driver's license, ownership of the vehicle, and insurance to the arresting agency.161 If proof is not presented within days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78. (e) (f) The owner of a vehicle that is impounded or immobilized under this subsection may, within days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle. (9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.706 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person's driver's license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence. (b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department. (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency and percent shall be deposited in the General Revenue Fund for use by regional workforce boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation. (10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person's driver's license or driving privilege is canceled, suspended, or revoked for: 1. Failing to pay child support as provided in s. 322.245 or s. 61.13016; 2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1); 3. Failing to comply with a civil penalty required in s. 318.15; 4. Failing to maintain vehicular financial responsibility as required by chapter 324; 5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or 6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver's license or driver privilege for any underlying violation listed in subparagraphs 1.-5. (b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person is guilty of commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person is guilty of commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) (11)(a) A person who does not hold a commercial driver's license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10) (a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this paragraph subsection if such person has made an election under this paragraph subsection during the preceding months. A person may not make more than three elections under this paragraph subsection.(b) If adjudication is withheld under this paragraph (a),such action is not a conviction. Section 3. This act shall take effect January 1, 2012.
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Driver's License Canceled, Suspended, or Revoked
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Creates "Florida Hospital Patient Protection Act"; provides minimum staffing level requirements for ratio of direct care registered nurses to patients in health care facility; requires that each facility implement staffing plan; prohibits health care facility from assigning unlicensed personnel to perform functions or tasks that are performed by licensed or registered nurse; authorizes direct care registered nurse to refuse to perform certain activities if he or she determines that it is not in best interests of patient, etc.
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An act relating to health care; creating the "Florida Hospital Patient Protection Act"; providing legislative findings; providing definitions; providing minimum staffing level requirements for the ratio of direct care registered nurses to patients in a health care facility; requiring that each health care facility implement a staffing plan; prohibiting the imposition of mandatory overtime and certain other actions by a health care facility; specifying the required nurse-to-patient ratios for each type of care provided; prohibiting the use of video cameras or monitors by a health care facility as a substitute for the required level of care; requiring that the chief nursing officer of a health care facility prepare a written staffing plan that meets the staffing levels required by the act; requiring that a health care facility annually evaluate its actual staffing levels and update the staffing plan based on the evaluation; requiring that certain documentation be submitted to the Agency for Health Care Administration and made available for public inspection; requiring that the agency develop uniform standards for use by health care facilities in establishing nurse staffing requirements; providing requirements for the committee members who are appointed to develop the uniform standards; requiring health care facilities to annually report certain information to the agency and post a notice containing such information in each unit of the facility; prohibiting a health care facility from assigning unlicensed personnel to perform functions or tasks that are performed by a licensed or registered nurse; specifying those actions that constitute professional practice by a direct care registered nurse; requiring that patient assessment be performed only by a direct care registered nurse; authorizing a direct care registered nurse to assign certain specified activities to other licensed or unlicensed nursing staff; prohibiting a health care facility from deploying technology that limits certain care provided by a direct care registered nurse; providing that it is a duty and right of a direct care registered nurse to act as the patient's advocate; providing certain requirements with respect to such duty; authorizing a direct care registered nurse to refuse to perform certain activities if he or she determines that it is not in the best interests of the patient; providing that a direct care registered nurse may refuse to accept an assignment under certain circumstances; prohibiting a health care facility from discharging, discriminating, or retaliating against a nurse based on such refusal; providing that a direct care registered nurse has a right of action against a health care facility that violates certain provisions of the act; requiring that the Agency for Health Care Administration establish a toll-free telephone hotline to provide information and to receive reports of violations of the act; requiring that certain information be provided to each patient who is admitted to a health care facility; prohibiting a health care facility from interfering with the right of nurses to organize or bargain collectively; authorizing the agency to impose fines for violations of the act; requiring that the agency post in its website information regarding health care facilities that have violated the act; providing an effective date. 64 Be It Enacted by the Legislature of the State of Florida: 66 Section 1. Short title.-Sections through of this act may be cited as the "Florida Hospital Patient Protection Act." Section 2. Legislative findings.-The Legislature finds that: (1) The state has a substantial interest in ensuring that, in the delivery of health care services to patients, health care facilities retain sufficient nursing staff so as to promote optimal health care outcomes. (2) Health care services are becoming more complex and it is increasingly difficult for patients to access integrated services. Competent, safe, therapeutic, and effective patient care is jeopardized because of staffing changes implemented in response to market-driven managed care. To ensure effective protection of patients in acute care settings, it is essential that qualified direct care registered nurses be accessible and available to meet the individual needs of the patient at all times. In order to ensure the health and welfare of state residents and to ensure that hospital nursing care is provided in the exclusive interests of patients, mandatory practice standards and professional practice protections for professional direct care registered nursing staff must be established. Direct care registered nurses have a fiduciary duty to care for assigned patients and a necessary duty of individual and collective patient advocacy in order to satisfy professional fiduciary obligations. (3) The basic principles of staffing in hospital settings should be based on the care needs of the individual patient, the severity of the patient's condition, the services needed, and the complexity surrounding those services. Current unsafe practices by hospital direct care registered nursing staff have resulted in adverse patient outcomes. Mandating the adoption of uniform, minimum, numerical, and specific registered nurse-to-patient staffing ratios by licensed hospital facilities is necessary for competent, safe, therapeutic, and effective professional nursing care and for the retention and recruitment of qualified direct care registered nurses. (4) Direct care registered nurses must be able to advocate for their patients without fear of retaliation from their employer. Whistle-blower protections that encourage registered nurses and patients to notify governmental and private accreditation entities of suspected unsafe patient conditions, including protection against retaliation for refusing unsafe patient care assignments, will greatly enhance the health, welfare, and safety of patients. (5) Direct care registered nurses have an irrevocable duty and right to advocate on behalf of their patients' interests, and this duty and right may not be encumbered by cost-saving schemes. Section 3. Definitions.-As used in sections through of this act, the term: (1) "Acuity-based patient classification system," "acuity system," or "patient classification system" means an established measurement tool that: (a) Predicts registered nursing care requirements for individual patients based on the severity of patient illness, the need for specialized equipment and technology, the intensity of required nursing interventions, and the complexity of clinical nursing judgment required to design, implement, and evaluate the patient's nursing care plan consistent with professional standards, the ability for self-care, including motor, sensory, and cognitive deficits, and the need for advocacy intervention; (b) Details the amount of nursing care needed and the additional number of direct care registered nurses and other licensed and unlicensed nursing staff that the hospital must assign, based on the independent professional judgment of the direct care registered nurse, in order to meet the individual patient needs at all times; and (c) Is stated in terms that can be readily used and understood by direct care nursing staff. (2) "Agency" means the Agency for Health Care Administration. (3) "Ancillary support staff" means the personnel assigned to assist in providing nursing services in the delivery of safe, therapeutic, and effective patient care, including unit or ward clerks and secretaries, clinical technicians, respiratory therapists, and radiology, laboratory, housekeeping, and dietary personnel. (4) "Clinical judgment" means the application of the direct care registered nurse's knowledge, skill, expertise, and experience in making independent decisions about patient care. (5) "Clinical supervision" means the assignment and direction of patient care tasks required in the implementation of nursing care for patients to other licensed nursing staff or to unlicensed staff by a direct care registered nurse in the exclusive interests of the patients. (6) "Competence" means the ability of the direct care registered nurse to act and integrate the knowledge, skills, abilities, and independent professional judgment that underpin safe, therapeutic, and effective patient care. Current documented, demonstrated, and validated competency is required for all direct care registered nurses and must be determined based on the satisfactory performance of: (a) The statutorily recognized duties and responsibilities of the registered nurses, as set forth in chapter 464, Florida Statutes, and rules adopted thereunder; and (b) The standards required under sections and of this act, which are specific to each hospital unit. (7) "Declared state of emergency" means an officially designated state of emergency that has been declared by a federal, state, or local government official who has the authority to declare the state of emergency. The term does not include a state of emergency that results from a labor dispute in the health care industry. (8) "Direct care registered nurse" means a licensed nurse who has documented clinical competence and who has accepted a direct, hands-on patient care assignment to implement medical and nursing regimens and provide related clinical supervision of patient care while exercising independent professional judgment at all times in the exclusive interest of the patient. (9) "Health care facility" means an acute care hospital; an emergency care, ambulatory, or outpatient surgery facility licensed under chapter 395, Florida Statutes; or a psychiatric facility licensed under chapter 394, Florida Statutes, including a critical access and long-term acute care hospital. (10) "Hospital unit" or "clinical patient care area" means an intensive care or critical care unit, burn unit, labor and delivery room, antepartum and postpartum unit, newborn nursery, postanesthesia service area, emergency department, operating room, pediatric unit, step-down or intermediate care unit, specialty care unit, telemetry unit, general medical or surgical care unit, psychiatric unit, rehabilitation unit, or skilled nursing facility unit, and as further defined in this subsection. (a) "Critical care unit" or "intensive care unit" means a nursing unit of an acute care hospital which is established to safeguard and protect patients whose severity of medical conditions require continuous monitoring and complex interventions by direct care registered nurses and whose restorative measures and level of nursing intensity requires intensive care through direct observation by the direct care registered nurse, complex monitoring, intensive intricate assessment, evaluation, specialized rapid intervention, and education or teaching of the patient, the patient's family, or other representatives by a competent and experienced direct care registered nurse. The term includes an intensive care unit, a burn center, a coronary care unit, or an acute respiratory unit. (b) "Step-down unit" or "intermediate intensive care unit" means a unit established to safeguard and protect patients whose severity of illness, including all co-occurring morbidities, restorative measures, and level of nursing intensity, requires intermediate intensive care through direct observation by the direct care registered nurse, monitoring, multiple assessments, specialized interventions, evaluations, and education or teaching of the patient's family or other representatives by a competent and experienced direct care registered nurse. The term includes units established to provide care to patients who have moderate or potentially severe physiologic instability requiring technical support but not necessarily artificial life support. "Artificial life support" means a system that uses medical technology to aid, support, or replace a vital function of the body that has been seriously damaged. "Technical support" means the use of specialized equipment by direct care registered nurses in providing for invasive monitoring, telemetry, and mechanical ventilation for the immediate amelioration or remediation of severe pathology for those patients requiring less care than intensive care, but more than that which is required from medical or surgical care. (c) "Medical or surgical unit" means a unit established to safeguard and protect patients whose severity of illness, including all co-occurring morbidities, restorative measures, and level of nursing intensity requires continuous care through direct observation by the direct care registered nurse, monitoring, multiple assessments, specialized interventions, evaluations, and education or teaching of the patient's family or other representatives by a competent and experienced direct care registered nurse. These units may include patients requiring less than intensive care or step-down care; patients receiving 24-hour inpatient general medical care, post-surgical care, or both general medical and post-surgical care; and mixed patient populations of diverse diagnoses and diverse age groups, but excluding pediatric patients. (d) "Telemetry unit" means a unit that is established to safeguard and protect patients whose severity of illness, including all co-occurring morbidities, restorative measures, and level of nursing intensity, requires intermediate intensive care through direct observation by the direct care registered nurse, monitoring, multiple assessments, specialized interventions, evaluations, and education or teaching of the patient's family or other representatives by a competent and experienced direct care registered nurse. A telemetry unit includes the equipment used to provide for the electronic monitoring, recording, retrieval, and display of cardiac electrical signals. (e) "Specialty care unit" means a unit that is established to safeguard and protect patients whose severity of illness, including all co-occurring morbidities, restorative measures, and level of nursing intensity, requires continuous care through direct observation by the direct care registered nurse, monitoring, multiple assessments, specialized interventions, evaluations, and education or teaching of the patient's family or other representatives by a competent and experienced direct care registered nurse. The term includes a unit established to provide the intensity of care required for a specific medical condition or a specific patient population or to provide more comprehensive care for a specific condition or disease process than that which is required on medical or surgical units, and includes those units not otherwise covered by the definitions in this section. (f) "Rehabilitation unit" means a functional clinical unit for the provision of those rehabilitation services that restore an ill or injured patient to the highest level of self-sufficiency or gainful employment of which he or she is capable in the shortest possible time, compatible with the patient's physical, intellectual, and emotional or psychological capabilities, and in accord with planned goals and objectives. (g) "Skilled nursing facility" means a functional clinical unit for the provision of skilled nursing care and supportive care to patients whose primary need is for the availability of skilled nursing care on a long-term basis and who are admitted after at least a 48-hour period of continuous inpatient care. The term includes, but need not be limited to, medical, nursing, dietary, and pharmaceutical services and activity programs. (11) "Licensed nurse" means a registered nurse or a licensed practical nurse, as defined in s. 464.003, Florida Statutes, who is licensed by the Board of Nursing to engage in the practice of professional nursing or the practice of practical nursing, as defined in s. 464.003, Florida Statutes. (12) "Long-term acute care hospital" means any hospital or health care facility that specializes in providing long-term acute care to medically complex patients. The term includes freestanding and hospital-within-hospital models of long-term acute care facilities. (13) "Overtime" means the hours worked in excess of: (a) An agreed-upon, predetermined, regularly scheduled shift; (b) Twelve hours in a 24-hour period; or (c) Eighty hours in a consecutive 14-day period. (14) "Patient assessment" means the use of critical thinking by a direct care licensed nurse and is the intellectually disciplined process of actively and skillfully interpreting, applying, analyzing, synthesizing, or evaluating data obtained through the direct observation and communication with others. (15) "Professional judgment" means the intellectual, educated, informed, and experienced process that the direct care registered nurse exercises in forming an opinion and reaching a clinical decision that is in the patient's best interest and is based upon analysis of data, information, and scientific evidence. (16) "Skill mix" means the differences in licensing, specialty, and experience among direct care registered nurses. (17) "Staffing level" means the actual numerical registered nurse-to-patient ratio within a nursing department, unit, or clinical patient care area. Section 4. Minimum direct care registered nurse-to-patient staffing requirements.-(1) Each health care facility shall implement a staffing plan that provides for minimum staffing by direct care registered nurses in accordance with the general requirements set forth in this section and the clinical unit direct care registered nurse-to-patient ratios specified in subsection (2). Staffing for patient care tasks not requiring a direct care registered nurse is not included within these ratios and shall be determined pursuant to an acuity-based patient classification system defined by agency rule. (a) A health care facility may not assign a direct care registered nurse to a nursing unit or clinical area unless that health care facility and the direct care registered nurse determine that she or he has demonstrated and validated current competence in providing care in that area and has also received orientation to that clinical area which is sufficient to provide competent, safe, therapeutic, and effective care to patients in that area. The policies and procedures of the health care facility must contain the criteria for making this determination. (b) Direct care registered nurse-to-patient ratios represent the maximum number of patients that shall be assigned to one direct care registered nurse at all times. (c) "Assigned" means the direct care registered nurse has responsibility for the provision of care to a particular patient within her or his validated competency. (d)1. A health care facility may not average the number of patients and the total number of direct care registered nurses assigned to patients in a clinical unit during any one shift or over any period of time for purposes of meeting the requirements under this section. 2. A health care facility may not impose mandatory overtime requirements in order to meet the hospital unit direct care registered nurse-to-patient ratios required under this section. 3. A health care facility shall ensure that only a direct care registered nurse may relieve another direct care registered nurse during breaks, meals, and routine absences from a clinical unit. 4. A health care facility may not impose layoffs of licensed practical nurses, licensed psychiatric technicians, certified nursing assistants, or other ancillary support staff in order to meet the clinical unit direct care registered nurse-to-patient ratios required in this section. (e) Only direct care registered nurses shall be assigned to intensive care newborn nursery service units, which specifically require one direct care registered nurse to two or fewer infants at all times. (f) Only direct care registered nurses shall be assigned to triage patients and only direct care registered nurses shall be assigned to critical trauma patients. 1. The direct care registered nurse-to-patient ratio for critical care patients in the emergency department shall be to 2 or fewer at all times. 2. No fewer than two direct care registered nurses must be physically present in the emergency department when a patient is present. 3. Triage, radio, specialty, or flight-registered nurses do not count in the calculation of direct care registered nurse-to-patient ratios. 4. Triage-registered nurses may not be assigned the responsibility of the base radio. (g) In the labor and delivery unit, the direct care registered nurse-to-patient ratio shall be to for active labor patients and patients having medical or obstetrical complications, during the initiation of epidural anesthesia, and during circulation for cesarean delivery. 1. The direct care registered nurse-to-patient ratio for antepartum patients who are not in active labor shall be to or fewer at all times. 2. In the event of cesarean delivery, the total number of mothers plus infants assigned to a single direct care registered nurse may not exceed four. 3. In the event of multiple births, the total number of mothers plus infants assigned to a single direct care registered nurse may not exceed six. 4. For postpartum areas in which the direct care registered nurse's assignment consists of mothers only, the direct care registered nurse-to-patient ratio shall be to or fewer at all times. 5. The direct care registered nurse-to-patient ratio for postpartum women or postsurgical gynecological patients only shall be to or fewer at all times. 6. The direct care registered nurse-to-patient ratio for the well-baby nursery shall be to at all times. 7. The direct care registered nurse-to-patient ratio for unstable newborns and those in the resuscitation period as assessed by the direct care registered nurse shall be to at all times. 8. The direct care registered nurse-to-patient ratio for recently born infants shall be to or fewer at all times. (h) The direct care registered nurse-to-patient ratio for patients receiving conscious sedation shall be to or fewer at all times. (2) A health care facility's staffing plan shall provide that, at all times during each shift within a unit of the facility, a direct care registered nurse is assigned to not more than the following number of patients in that unit: (a) One patient in trauma emergency units. (b) One patient in operating room units. The operating room shall have at least one direct care registered nurse assigned to the duties of the circulating registered nurse and a minimum of one additional person as a scrub assistant for each patient-occupied operating room. (c) Two patients in critical care units, including neonatal intensive care units, emergency critical care and intensive care units, labor and delivery units, coronary care units, acute respiratory care units, postanesthesia units regardless of the type of anesthesia received, burn units, and immediate postpartum patients, so that the direct-care registered nurse-to-patient ratio is to at all times. (d) Three patients in the emergency room units, step-down or intermediate intensive care units, pediatrics units, telemetry units, and combined labor, delivery, and postpartum units, so that the direct care registered nurse-to-patient ratios is to or fewer at all times. (e) Four patients in medical-surgical units, antepartum units, intermediate care nursery units, psychiatric units, and presurgical and other specialty care units, so that the direct care registered nurse-to-patient ratio is to or fewer at all times. (f) Five patients in rehabilitation units and skilled nursing units, so that the direct care registered nurse-to-patient ratio is to or fewer at all times. (g) Six patients in well-baby nursery units, so that the direct care registered nurse-to-patient ratio is to or fewer at all times. (h) Three couplets in postpartum units, so that the direct care registered nurse-to-patient ratio is to couplets or fewer at all times. (3)(a) Identifying a unit or clinical patient care area by a name or term other than those defined in section of this act does not affect the requirement to provide for staff at the direct care registered nurse-to-patient ratios identified for the level of intensity or type of care described in subsections (1) and (2). (b) Patients shall be cared for only on units or clinical patient care areas where the level of intensity, type of care, and direct care registered nurse-to-patients ratios meet the individual requirements and needs of each patient. The use of patient acuity-adjustable units is strictly prohibited. (c) Video cameras or monitors or any form of electronic visualization of a patient may not be substituted for the direct observation required for patient assessment by the direct care registered nurse and for patient protection required by an attendant. (4) The requirements established under this section do not apply during a declared state of emergency if a health care facility is requested or expected to provide an exceptional level of emergency or other medical services. (5)(a) A written staffing plan shall be developed by the chief nursing officer or a designee, based on individual patient care needs determined by the patient classification system. The staffing plan shall be developed and implemented for each patient care unit and must specify individual patient care requirements and the staffing levels for direct care registered nurses and other licensed and unlicensed personnel. In no case shall the staffing level for direct care registered nurses on any shifts fall below the requirements of subsections (1) and (2). (b) In addition to the direct care registered nurse-ratio requirements of subsections (1) and (2), each health care facility shall assign additional nursing staff, such as licensed practical nurses, licensed psychiatric technicians, and certified nursing assistants, through the implementation of a valid patient classification system for determining nursing care needs of individual patients which reflects the assessment made by the assigned direct care registered nurse of patient nursing care requirements and which provides for shift-by-shift staffing based on those requirements. The ratios specified in subsections (1) and (2) constitute the minimum number of registered nurses who shall be assigned to provide direct patient care. (c) In developing the staffing plan, a health care facility shall provide for direct care registered nurse-to-patient ratios above the minimum ratios required under subsections (1) and (2) based upon consideration of the following factors: 1. The number of patients and acuity level of patients as determined by the application of an acuity system on a shift-by-shift basis. 2. The anticipated admissions, discharges, and transfers of patients during each shift which affect direct patient care. 3. Specialized experience required of direct care registered nurses on a particular unit. 4. Staffing levels and services provided by other health care personnel in meeting direct patient care needs that do not require care by a direct care registered nurse. 5. The efficacy of technology that is available and that affects the delivery of direct patient care. 6. The level of familiarity with hospital practices, policies, and procedures by temporary agency direct care registered nurses who are assigned during a shift. 7. Obstacles to efficiency in the delivery of patient care which is caused by the physical layout of the health care facility. (d) A health care facility shall specify the system used to document actual staffing in each unit for each shift. (e) A health care facility shall annually evaluate: 1. The reliability of the patient classification system for validating staffing requirements in order to determine whether the system accurately measures individual patient care needs and accurately predicts the staffing requirements for direct care registered nurses, licensed practical nurses, licensed psychiatric technicians, and certified nursing assistants, based exclusively on individual patient needs. 2. The validity of the acuity-based patient classification system. (f) A health care facility shall update its staffing plan and acuity system to the extent appropriate based on the annual evaluation. If the review reveals that adjustments are necessary in order to ensure accuracy in measuring patient care needs, such adjustments must be implemented within days after that determination. (g)1. Any acuity-based patient classification system adopted by a health care facility under this section shall be transparent in all respects, including disclosure of detailed documentation of the methodology used to predict nursing staffing; an identification of each factor, assumption, and value used in applying such methodology; an explanation of the scientific and empirical basis for each such assumption and value; and certification by a knowledgeable and authorized representative of the health care facility that the disclosures regarding methods used for testing and validating the accuracy and reliability of the system are true and complete. 2. The documentation required by this section shall be submitted in its entirety to the Agency of Health Care Administration as a mandatory condition of licensure, with a certification by the chief nurse officer for the health care facility that it completely and accurately reflects implementation of a valid acuity-based patient classification system used to determine nursing service staffing by the facility for every shift on every clinical unit in which patients reside and receive care. The certification shall be executed by the chief nurse officer under penalty of perjury and must contain an expressed acknowledgement that any false statement in the certification constitutes fraud and is subject to criminal and civil prosecution and penalties. 3. Such documentation shall be available for public inspection in its entirety in accordance with procedures established by appropriate administrative rules adopted by the Agency for Health Care Administration, consistent with the purposes of this act. (h)1. A staffing plan of a health care facility shall be developed and evaluated by a committee. At least one-half of the members of the committee shall be unit-specific competent direct care registered nurses who provide direct patient care. 2. The members of the committee shall be appointed by the chief nurse officer, except at a facility where direct care registered nurses are represented for collective bargaining purposes, all direct care registered nurses on the committee shall be appointed by the authorized collective bargaining agent. In case of a dispute, the direct care registered nurse assessment shall prevail. This act does not authorize conduct that is prohibited under the National Labor Relations Act or under the Federal Labor Relations Act. (i)1. By July 1, 2012, the Agency for Health Care Administration shall develop uniform statewide standards for a standardized acuity tool for use in health care facilities which provides a method for establishing nurse staffing requirements that exceed the hospital unit or clinical patient care area direct care registered nurse-to-patient ratios required under subsections (1) and (2). 2. Proposed standards shall be developed by a committee composed of not more than individuals, at least of whom must be currently licensed registered nurses who are employed as direct care registered nurses, and the remaining must include a sufficient number of technical or scientific experts in the specialized fields involved in the design and development of a patient classification system that meets the requirements of this act. 3. A person who has any employment, commercial, proprietary, financial, or other personal interest in the development, marketing, or utilization of any private patient classification system product or related methodology, technology, or component system is not eligible to serve on the development committee. A candidate for appointment to the development committee may not be confirmed as a member until the individual files a disclosure-of-interest statement with the agency, along with a signed certification of full disclosure and complete accuracy under oath, which provides all necessary information as determined by the agency to demonstrate the absence of actual or potential conflict of interest. All such filings are subject to public inspection. 4. Within year after the official commencement of committee operations, the development committee shall provide a written report to the agency which proposes uniform standards for a valid patient classification system, along with sufficient explanation and justification to allow for competent review and determination of sufficiency by the agency. The report shall be disclosed to the public upon notice of public hearings and a public comment period for proposed adoption of uniform standards for a patient classification system by the agency. (j) Each hospital shall adopt and implement the patient classification system and provide staffing based on such tool. Any additional direct care registered nursing staffing levels that exceed the direct care registered nurse-to-patient ratios described in subsections (1) and (2) shall be assigned in a manner determined by such statewide tool. (k) A health care facility shall submit to the agency its staffing plan and annual update required under this section. (6)(a) In each unit, a health care facility shall post a uniform notice in a form specified by the agency by rule which: 1. Explains the requirements imposed under this section; 2. Includes actual direct care registered nurse-to-patient ratios during each shift; 3. Is visible, conspicuous, and accessible to staff, patients, and the public; 4. Identifies staffing requirements as determined by the patient classification system for each unit, documented and posted on the unit for public view on a day-to-day, shift-by-shift basis; 5. Reports the actual number of staff and the staff mix, documented and posted on the unit for public view on a day-to-day, shift-by-shift basis; and 6. Reports the variance between the required and actual staffing patterns, documented and posted on the unit for public view on a day-to-day, shift-by-shift basis. (b)1. Each acute care facility shall maintain accurate records of actual direct care registered nurse-to-patient ratios in each unit for each shift for at least years. Such records shall include: a. The number of patients in each unit; b. The identity and duty hours of each direct care registered nurse, licensed practical nurse, licensed psychiatric technician, and certified nursing assistant assigned to each patient in each unit in each shift. The hospital shall retain the record for years; and c. A copy of each posted notice. 2. Each hospital shall make its records maintained under the requirements of this section available to: a. The agency; b. Registered nurses and their collective bargaining representatives, if any; and c. The public under rules adopted by the agency. (c) The agency shall conduct periodic audits to ensure: 1. Implementation of the staffing plan in accordance with this section; and 2. Accuracy in records maintained under this section. (7) Acute care facilities shall plan for routine fluctuations such as admissions, discharges, and transfers in the patient census. If a declared health care emergency causes a change in the number of patients on a unit, the hospital must demonstrate that immediate and diligent efforts were made to maintain required staffing levels. (8) The following activities are prohibited: (a) A health care facility may not directly assign any unlicensed personnel to perform registered-nurse functions in lieu of care being delivered by a licensed or registered nurse, and may not assign unlicensed personnel to perform registered-nurse functions under the clinical supervision of a direct care registered nurse. (b) Unlicensed personnel may not perform tasks that require the clinical assessment, judgment, and skill of a licensed registered nurse, including, without limitation, nursing activities that require nursing assessment and judgment during implementation; physical, psychological, or social assessments that require nursing judgment, intervention, referral, or followup; formulation of a plan of nursing care and a evaluation of a patient's response to the care provided, including administration of medication, venipuncture or intravenous therapy, parenteral or tube feedings, invasive procedures, including inserting nasogastric tubes, inserting catheters, or tracheal suctioning, educating patients and their families concerning the patient's health care problems, including postdischarge care, with the exception that only phlebotomists, emergency room technicians, and medical technicians, under the general supervision of the clinical laboratory director or designee or a physician, may perform venipunctures in accordance with written hospital policies and procedures. Section 5. Professional practice standards for direct care registered nurses working in a health care facility.-(1) A direct care registered nurse, currently licensed to practice as a registered nurse, employing scientific knowledge and experience in the physical, social, and biological sciences, and exercising independent judgment in applying the nursing process, shall directly provide: (a) Continuous and ongoing assessments of the patient's condition based upon the independent professional judgment of the direct care registered nurse. (b) The planning, clinical supervision, implementation, and evaluation of the nursing care provided to each patient. (c) The assessment, planning, implementation, and evaluation of patient education, including ongoing discharge teaching of each patient. (d) The planning and delivery of patient care, which shall reflect all elements of the nursing process and shall include assessment, nursing diagnosis, planning, intervention, evaluation, and, as circumstances require, patient advocacy, and shall be initiated by a direct care registered nurse at the time of admission. (e) The nursing plan for the patient's care, which shall be discussed with and developed as a result of coordination with the patient, the patient's family, or other representatives, when appropriate, and staff of other disciplines involved in the care of the patient. (f) An evaluation of the effectiveness of the care plan through assessments based on direct observation of the patient's physical condition and behavior, signs and symptoms of illness, and reactions to treatment and through communication with the patient and the health care team members, and shall modify the plan as needed. (g) Information related to the patient's initial assessment and reassessments, nursing diagnosis, plan, intervention, evaluation, and patient advocacy, which shall be permanently recorded in the patient's medical record as narrative direct care progress notes. The practice of charting by exception is expressly prohibited. (2)(a) Patient assessment requires direct observation of the patient's signs and symptoms of illness, reaction to treatment, behavior and physical condition, and interpretation of information obtained from the patient and others, including other caregivers on the health team. Assessment requires data collection by the direct care registered nurse and the analysis, synthesis, and evaluation of such data. (b) Only direct care registered nurses are authorized to perform patient assessments. A licensed practical nurse or licensed psychiatric technician may assist direct care registered nurses in data collection. (3)(a) The nursing care needs of individual patients shall be determined by a direct care registered nurse through the process of ongoing patient assessments, nursing diagnosis, formulation, and adjustment of nursing care plans. (b) The prediction of individual patient nursing care needs for prospective assignment of direct care registered nurses shall be based on individual patient assessments of the direct care registered nurse assigned to each patient and in accordance with a documented patient classification system as provided in subsections (1) and (2) of section of this act. (4)(a) Competent performance of the essential functions of a direct care registered nurse as provided in this section requires the exercise of independent judgment in the interests of the patient. The exercise of such independent judgment, unencumbered by the commercial or revenue-generation priorities of a hospital or employing entity of a direct care registered nurse, is essential to safe nursing care. (b) The exercise of independent judgment by a direct care registered nurse in the performance of the functions described in this section shall be provided in the exclusive interests of the patient and may not, for any purpose, be considered, relied upon, or represented as a job function, authority, responsibility, or activity undertaken in any respect for the purpose of serving the business, commercial, operational, or other institutional interests of the hospital employer. (5)(a) In addition to the limitations on assignments of patient care tasks provided in subsection (8) of section of this act, a direct care registered nurse who is responsible for a patient may assign tasks required in the implementation of nursing care for that patient to other licensed nursing staff or to unlicensed staff only if the assigning direct care registered nurse: 1. Determines that the personnel assigned the tasks possess the necessary training, experience, and capability to competently and safely perform the tasks to be assigned; and 2. Effectively supervises the clinical functions and nursing care tasks performed by the assigned personnel. (b) The exercise of clinical supervision of nursing care personnel by a direct care registered nurse in the performance of the functions as provided in this section shall be in the exclusive interests of the patient and may not, for any purpose whatsoever, be considered, relied upon, or represented as a job function, authority, responsibility, or activity undertaken in any respect for the purpose of serving the business, commercial, operational, or other institutional interests of the hospital employer, but constitutes the exercise of professional nursing authority and duty exclusively in the interests of the patient. (6) A health care facility may not engage in the deployment of technology that limits the direct care provided by a direct care registered nurse in the performance of functions that are part of the nursing process, including the full exercise of independent clinical judgment in the assessment, planning, implementation, and evaluation of care, or that limits a direct registered nurse from acting as a patient advocate in the exclusive interest of the patient. Technology may not be skill degrading, interfere with the direct care registered nurse's provision of individualized patient care, override the direct care registered nurse's independent professional judgment, or interfere with the registered nurse's right to advocate in the exclusive interest of the patient. (7) This section applies only to nurses employed by or providing care in a health care facility. Section 6. Direct care registered nurse's duty and right of patient advocacy.-(1) By virtue of their professional license and ethical obligations, all direct care registered nurses have a duty and right to act and provide care in the exclusive interests of the patients and to act as the patient's advocate, as circumstances require, in accordance with this section. (2) The direct care registered nurse is always responsible for providing competent, safe, therapeutic, and effective nursing care to assigned patients. (a) Before accepting a patient assignment, a direct care registered nurse must have the necessary knowledge, judgment, skills, and ability to provide the required care. It is the responsibility of the direct care registered nurse to determine whether she or he is clinically competent to perform the nursing care required by patients in a particular clinical unit or who have a particular diagnosis, condition, prognosis, or other determinative characteristic of nursing care, and whether acceptance of a patient assignment would expose the patient to the risk of harm. (b) If the direct care registered nurse is not clinically competent to perform the care required for a patient assigned for nursing care, or if the assignment would expose the patient to risk of harm, the direct care registered nurse may not accept the patient care assignment. Such refusal to accept a patient care assignment is an exercise of the direct care registered nurse's duty and right of patient advocacy. (3) In the course of performing the responsibilities and essential functions described in section of this act and this section, the direct care registered nurse assigned to a patient receives orders initiated by physicians and other legally authorized health care professionals within their scope of licensure regarding patient care services to be provided to the patient, including, without limitation, the administration of medications and therapeutic agents that are necessary to implement a treatment, disease prevention, or rehabilitative regimen. (a) The direct care registered nurse shall assess each such order before implementation in order to determine if the order is: 1. In the best interests of the patient; 2. Initiated by a person legally authorized to issue the order; and 3. Issued in accordance with applicable law and rules governing nursing care. (b) If the direct care registered nurse determines these criteria have not been satisfied with respect to a particular order, or has some doubt regarding the meaning or conformance of the order with these criteria, she or he shall seek clarification from the initiator of the order, the patient's physician, or other appropriate medical officer. Clarification must be obtained prior to implementation. (c) If, upon clarification, the direct care registered nurse determines that the criteria for implementation of an order have not been satisfied, she or he may refuse implementation on the basis that the order is not in the best interests of the patient. Seeking clarification of an order or refusing an order as described in this section constitutes an exercise of the direct care registered nurse's duty and right of patient advocacy. (4) A direct care registered nurse has the professional obligation and therefore the right to act as the patient's advocate, as circumstances require, by initiating action to improve health care or to change decisions or activities that, in the professional judgment of the direct care registered nurse, are against the interests or wishes of the patient, or by giving the patient the opportunity to make informed decisions about health care before it is provided. Section 7. Free speech; patient protection.-(1) A direct care registered nurse has the right to act as the patient's advocate, as circumstances require, by: (a) Initiating action to improve health care or to change decisions or activities that, in the professional judgment of the nurse, are against the interests and wishes of the patient; and (b) Giving the patient an opportunity to make informed decisions about health care before it is provided. (2) A direct care registered nurse may refuse to accept an assignment as a nurse in a health care facility if: (a) The assignment would violate any provision of chapter 464, Florida Statutes, or the rules adopted thereunder; (b) The assignment would violate sections through of this act; or (c) The direct care registered nurse is not prepared by education, training, or experience to fulfill the assignment without compromising the safety of any patient or jeopardizing the license of the registered nurse. (3) A direct care registered nurse may refuse to perform any assigned tasks as a nurse in a health care facility if: (a) The assigned task would violate any provision of chapter 464, Florida Statutes, or the rules adopted thereunder; (b) The assigned task is outside the scope of practice of the direct care registered nurse; or (c) The direct care registered nurse is not prepared by education, training, or experience to fulfill the assigned task without compromising the safety of any patient or jeopardizing the license of the direct care registered nurse. (4)(a) A health care facility may not discharge, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against a direct care registered nurse based on the nurse's refusal of a work assignment or assigned task as provided in this section. (b) A health care facility may not file a complaint or a report against a direct care registered nurse with the Board of Nursing or the Agency for Health Care Administration because of the nurse's refusal of a work assignment or assigned task described in this section. (5) Any direct care registered nurse who has been discharged, discriminated against, or retaliated against in violation of this section or against whom a complaint has been filed in violation of paragraph (4)(b) may bring a cause of action in a state court. A direct care registered nurse who prevails on the cause of action is entitled to one or more of the following: (a) Reinstatement. (b) Reimbursement of lost wages, compensation, and benefits. (c) Attorney's fees. (d) Court costs. (e) Other damages. (6) A direct care registered nurse, patient, or other individual may file a complaint with the agency against a health care facility that violates the provisions of this act. For any complaint filed, the agency shall: (a) Receive and investigate the complaint; (b) Determine whether a violation of this act as alleged in the complaint has occurred; and (c) If such a violation has occurred, issue an order that the complaining nurse or individual not suffer any retaliation described in this section. (7)(a) The agency shall provide for the establishment of a toll-free telephone hotline to provide information regarding the requirements of this section and to receive reports of violations of such section. (b) A health care facility shall provide each patient admitted to the facility for inpatient care with the hotline described in paragraph (a), and shall give notice to each patient that such hotline may be used to report inadequate staffing or care. (8)(a) A health care facility may not discriminate or retaliate in any manner against any patient, employee, or contract employee of the facility, or any other individual, on the basis that such individual, in good faith, individually or in conjunction with another person or persons, has presented a grievance or complaint, or has initiated or cooperated in any investigation or proceeding of any governmental entity, regulatory agency, or private accreditation body, made a civil claim or demand, or filed an action relating to the care, services, or conditions of the health care facility or of any affiliated or related facilities. (b) For purposes of this subsection, an individual shall be deemed to be acting in good faith if the individual reasonably believes: 1. The information reported or disclosed is true; and 2. A violation of this act has occurred or may occur. (9)(a) A health care facility may not: 1. Interfere with, restrain, or deny the exercise, or attempt to exercise, by any person of any right provided or protected under this act; or 2. Coerce or intimidate any person regarding the exercise or attempt to exercise such right. (b) A health care facility may not discriminate or retaliate against any person for opposing any facility policy, practice, or actions that are alleged to violate, breach, or fail to comply with any provision of this act. (c) A health care facility, or an individual representing a health care facility, may not make, adopt, or enforce any rule, regulation, policy, or practice that in any manner directly or indirectly prohibits, impedes, or discourages a direct care registered nurse from, or intimidates, coerces, or induces a direct care registered nurse regarding, engaging in free speech activities or disclosing information as provided under this act. (d) A health care facility, or an individual representing a health care facility, may not in any way interfere with the rights of nurses to organize, bargain collectively, and engage in concerted activity under chapter of the National Labor Relations Act, U.S.C. s. 157. (e) A health care facility shall post in an appropriate location in each unit a conspicuous notice in a form specified by the agency which: 1. Explains the rights of nurses, patients, and other individuals under this section; 2. Includes a statement that a nurse, patient, or other individual may file a complaint with the agency against a health care facility that violates the provisions of this act; and 3. Provides instructions on how to file a complaint. Section 8. Enforcement.-(1) In addition to any other penalties prescribed by law, the agency may impose civil penalties as follows: (a) The agency may impose against a health care facility found to be in violation of any provision of this act a civil penalty of not more than $25,000 for each such violation, except that the agency shall impose a civil penalty of more than $25,000 for each violation in the case of a health care facility that the agency determines has a pattern of practice of such violation. (b) The agency may impose against an individual who is employed by a health care facility and who is found by the agency to have violated a requirement of this act a civil penalty of not more than $20,000 for each such violation. (2) The agency shall post on its Internet website the names of health care facilities against which civil penalties have been imposed under this act, and such additional information as the agency deemed necessary. 1000 Section 9. This act shall take effect July 1, 2011.
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Health Care
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Authorizes City of Tampa to enter into supplemental contract with certain firefighters & police officers to comply with ch. 2009-97, Laws of Florida; revises manner in which elective trustees are elected; increases maximum length of time prior to term commencement in which to conduct trustee elections; allows board to retain services of more than one nationally recognized professional investment counselor; increases investment cap on foreign securities, etc.
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An act relating to the City Pension Fund for Firefighters and Police Officers in the City of Tampa, Hillsborough County; authorizing the City of Tampa to enter into a supplemental contract with certain firefighters and police officers to comply with chapter 2009-97, Laws of Florida; revising the manner in which elective trustees are elected; increasing the maximum length of time prior to term commencement in which to conduct trustee elections; allowing the board to retain the services of more than one nationally recognized professional investment counselor; increasing the investment cap on foreign securities; providing that the investment cap on foreign securities is measured on a market value basis and may not be revised, amended, increased, or repealed except as provided by general law; allowing retired members to elect to receive a reduced retirement benefit in order to provide a surviving spouse benefit under certain circumstances; allowing members to purchase up to an additional years of credited service based upon prior service as a full-time certified firefighter or certified police officer or for military service in the Armed Forces of the United States subject to certain conditions; allowing DROP participants upon entering DROP and annually thereafter to elect an option for accruing annual interest at a low-risk variable rate selected annually by the board of trustees, in its sole discretion, in lieu of a rate reflecting the fund's net investment performance, as determined by the board of trustees; prohibiting members from selecting certain pension contract changes and rejecting others; confirming in part the City of Tampa Firefighters and Police Officers Pension Contract; providing for severability; providing an effective date. 35 Be It Enacted by the Legislature of the State of Florida: 37 Section 1. The City of Tampa is authorized and empowered to enter into a supplemental contract with each firefighter or police officer who was an active member of the City Pension Fund for Firefighters and Police Officers in the City of Tampa on or after the date this act becomes a law, or each firefighter or police officer who hereafter enters into a pension contract with the City, to comply with chapter 2009-97, Laws of Florida. Section 2. Section 5(C), Section 6, Section 9(C), Section 17, and Section 26(D) of the City of Tampa Firefighters and Police Officers Pension Contract as prescribed by Section 28-17 of the City of Tampa Code [Ordinance No. 4746-A, enacted September 30, 1969], as amended by Section 28-19 of the City of Tampa Code [Ordinance No. 6038-A, enacted September 17, 1974], pursuant to chapter 74-613, Laws of Florida, as further amended by Ordinance No. 89-314, enacted December 21, 1989, and approved, ratified, validated, and confirmed by chapter 90-391, Laws of Florida, as further amended by chapter 92-231, Laws of Florida, chapter 94-463, Laws of Florida, chapter 98-515, Laws of Florida, chapter 2000-485, Laws of Florida, Ordinance No. 2001-133, enacted July 3, 2001, chapter 2001-288, Laws of Florida, chapter 2002-369, Laws of Florida, Ordinance No. 2003-22, enacted January 23, 2003, chapter 2004-427, Laws of Florida, and chapter 2007-304, Laws of Florida, are amended to read: SECTION 5. The general administration and responsibility for the proper operation of the pension system and for making effective the provisions of this Act are hereby vested in a board consisting of nine persons, as follows: (1) Three members of the City Administration other than firefighters or police officers to be appointed as hereinafter provided; (2) Three members of the Fire Department to be elected as hereinafter provided; and (3) Three members of the Police Department to be elected as hereinafter provided. (C) The elective trustees shall be elected in the following manner, to wit: by per capita vote of all members of each of said respective departments who come within the purview of this Act, both active and retired, at elections meetings to be held at places designated by the Board, at which elections meetings all qualified members entitled to vote shall be notified in person or by mail ten days in advance of said election meeting.The candidate receiving the majority of votes for each office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefor. An election shall be held each year not more than sixty (60) thirty (30) and not less than ten (10) days prior to the commencement of the terms for which trustees are to be elected in that year. The Board of Trustees shall meet, organize, and elect one trustee as chairman, one trustee as vice chairman, and one trustee as secretary within ten days after any trustees are elected and duly qualified. SECTION 6. Money shall be withdrawn from the Pension Fund created by this Act only upon warrants executed by a majority of the Board of Trustees. Monies needed for the meeting of the current obligations of said fund may be deposited in a depository recognized by law for the deposit of funds of the State of Florida and upon the posting of similar security for that required for state deposits. The Board shall have exclusive charge of the investment of any surplus in said fund not needed for the current obligations thereof; and said funds shall be managed by said Board and shall be invested by said Board in accordance with the following: (1) That the Board shall retain the services of one or more a nationally recognized professional investment counselors counsel.(2) That not less than once every six (6) months a written opinion shall be obtained from the investment counselor or counselors counsel as to the overall condition and composition of the investment portfolio. (3) That the portfolio, representing the principal or surplus funds of the Pension Fund may be invested in the following securities or other property, real or personal, including, but without being limited to, bonds, notes, or other evidences of indebtedness issued, or assumed or guaranteed in whole or in part by the United States or any of its agencies or instrumentalities; or by any foreign government or political subdivisions or agencies thereof; or by the State of Florida, or by any county, city, school district, municipal corporation, or other political subdivision of the State of Florida, both general and revenue obligations; in mortgages and other interests in realty; or in such corporation bonds, notes, or other evidences of indebtedness, and corporation stocks including common and preferred stocks, of any corporation created or existing under the laws of the United States or any of the states of the United States, or of any foreign government or political subdivisions or agencies thereof, provided that in making each and all of such investments the Board of Trustees shall exercise the judgment and care under the circumstances then prevailing which men of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income therefrom as well as probable safety of their capital; provided, however, that not more than sixty-five per centum (65%) of said fund, based on the total book value of all investments held, shall be invested at any given time in common stocks, and that not more than five per centum (5%) of said fund shall be invested at any given time in preferred and common, or either, stock of any one corporation and its affiliates and that not more than twenty-five per centum (25%) ten per centum (10%) of said fund, based on the total market book value of all investments held, shall be invested at any given time in the bonds, notes or other evidences of indebtedness of any foreign government or political subdivisions or agencies thereof or corporations created or existing under the laws thereof. The investment cap on foreign securities may not be revised, amended, increased, or repealed except as provided by general law. SECTION 9. To the widow or widower (until death or remarriage) and child or children (under the age of eighteen (18) years), until death or marriage before reaching the age of eighteen (18) years, of any member who dies from causes not attributed to his active duties in the departments, provided, however, that such member shall have been a member of such department for ten (10) years prior to the date of his death, the Trustees shall authorize and direct payment in equal monthly installments as follows: (C) (1) The widow or widower of a member who dies while receiving a retirement pension shall receive sixty-five per centum (65%) of the pension which the member was receiving; provided,however, that no pension shall be allowed to any widow or widower unless she or he was married to the member prior to the date of retirement of the member,except as provided in paragraph (2).For the widow or widower of any member of this Pension Fund who prior to October 16, 1992 was a member of Division Bof the General Employees Pension Plan as established by Chapter 81-497, Laws of Florida, as amended, upon the reaching social security normal retirement age, except as provided in Section 28(C) of this Contract, the benefit paid to the widow or widower shall be reduced by an amount equal to the actual social security benefit earned by the member for employment as a firefighter or police officer for the City to the extent that such employment is considered to be creditable service under this Fund; provided, however, that if the widow or widower does not receive the member's accrued social security benefit, there shall be no reduction in benefits paid to such widow or widower. The effect of such reduction shall be that the sum of the benefit paid herein and said social security benefit shall be equal to the amount of the benefit otherwise payable herein. The widow or widower of each such member shall, upon demand by the Board, authorize the Social Security Administration to release any information necessary to calculate such reduction. The Board shall not make any payment for the benefit payable herein for any period during which such widow or widower willfully fails or refuses to authorize the release of such information in the manner and within the time prescribed by rules adopted by the Board. (2)(a) Members (i) who have been retired for less than forty (40) years as of the effective date of this act, (ii) who retired or entered DROP prior to October 1, 2002, and (iii) who married or remarried after the date of the member's retirement may elect prospectively to receive a voluntarily reduced retirement benefit payable to the widow or widower. The amount of the widow or widower's benefit will be based on the actuarial equivalence calculated by the Fund's actuary, and such benefit shall not result in any additional cost to the Fund or to the plan sponsor than would have been incurred if the member had not elected such benefit under this paragraph. Said actuarial calculation shall be paid for by the retired member. (b) The election under subparagraph (a) is available only if (i) the spouse is not more than twenty (20) years younger than the married or remarried member, (ii) the marriage or remarriage occurred at least three (3) years prior to the member's said election, and (iii) the electing member is restricted to exercising this provision for a maximum of two remarriages after retirement. SECTION 17. COMPUTATION OF PENSION SERVICES AND PURCHASE OF PAST CREDITED SERVICE.(A) In computing service allowance, creditable service shall include all service or employment of the member in the Fire or Police Department, either continuous or interrupted, provided, however, that any leave of absence without pay shall not be included. Credited service shall include credit for up to five (5) years of the time spent in the military service of the Armed Forces of the United States if the member is in the active employ of the City of Tampa immediately prior to such service and leaves a permanent, full-time position as a firefighter or police officer with the City of Tampa for the purpose of voluntary or involuntary service in the Armed Forces of the United States. The member must be entitled to re-employment under the provisions of the Uniformed Services Employment and Re-Employment Rights Act (USERRA). In order to be eligible for the benefits of this section, a member must return to employment as a firefighter or a police officer of the City of Tampa within one (1) year from the date of release of such active service. Pension contributions shall not be required for military service as described in this section, unless permitted by the Florida Statutes. The provision of this section shall not apply to temporary service for reserve training. No credited service shall be given for military service prior to employment or for service as a firefighter or police officer for any other employer. However, the amount of any pension or compensation that may be received from the Federal Government on account of disability from such service shall be deducted from the amount of any pension due under this Act. The deduction of the amount of any pension or compensation received from the Federal Government shall be made only where the period of military service (not exceeding five (5) years) is added to the period of actual service of the member in either the Fire or Police Department in order to make up the required number of years for retirement on a City pension; that the disability for which any pension or compensation is received from the Federal Government shall be only such disability that was incurred in the military service during the same period of military service used by the member to add to his actual service in the Police or Fire Departments in order to make up the number of years required for retirement on a City pension; and that no deduction of the amount of any pension or compensation received from the Federal Government can or shall be made from the amount of any City pension granted solely on account of disability. Any member who, in order to perform such active military service, has left his employment in the Police or Fire Departments of the City of Tampa and (a) who received a certificate of honorable discharge upon completion of such active military service, (b) is still qualified to perform the duties of such position, (c) makes or shall have made application for reemployment within thirty (30) days after he is released from active military service, shall be restored by the Police or Fire Department of the City of Tampa to such position or a position of like seniority, status and pay. (B) Immediately upon the passage of this Act the Board of Trustees shall at once establish the service record of all employees, who may be entitled to participate in the benefits of this Act, and shall keep a record thereof. (C) For each firefighter and police officer who on October 15, 1992 was not a member of this Pension Fund, but who was a member of Division Bof the General Employees Pension Plan as established by Chapter 81-497, Laws of Florida, as amended, who elects to join this pension fund, for purposes of determining eligibility for any benefit in which length of service is a factor, the entire period of time served as a firefighter or police officer with the City of Tampa, either continuous or interrupted, shall be included; provided, however, that any leave of absence without pay shall not be included unless required by applicable law, any service as a police recruit shall not be included, and any service in which the firefighter or police officer withdrew his/her contributions shall not be included. Active military service shall be included to the extent required by law. (D) A member who has separated from service as a firefighter or police officer and who has taken a refund of his pension contributions, who is later readmitted to the Fund, shall have the option of purchasing past creditable service. (1) The readmitted member shall make the election in writing to purchase past creditable service on a form prescribed by the Board within days of readmission, which election shall be legally binding. (2) The readmitted member who elects to purchase past creditable service shall repay the withdrawn contributions with interest at the actuarially assumed rate of return of the Fund within days of the later of, readmission or receipt of written notification from the Board of the amount due. Interest shall be calculated from the date of withdrawal to the date of repayment at the actuarially assumed rate of return of the Fund. (3) A member who fails to pay withdrawn contributions with interest as provided in this subsection within days of the later of, readmission or receipt of written notification from the Board of the amount due, shall not receive creditable service for the period of time for which the withdrawn contributions apply. (E) All active police officer or firefighter members shall be permitted to purchase up to an additional five (5) years of credited service based upon (i) service as a full-time certified firefighter or certified police officer employed by a city, county, state, federal, or other public agency, or (ii) military service in the Armed Forces of the United States. Temporary, auxiliary, reserve, volunteer, or private agency service shall not apply. Service credit purchased under the provisions of this section shall not count for vesting purposes. (1) Prior service shall not be granted until the member has paid to the Pension Fund the actuarial cost of the service purchased, as determined by the actuary for the Plan. Said actuarial calculation shall be paid for by the member. Members purchasing service credit shall provide the Board of Trustees with proof of prior service with honorable separation. No service credit may be purchased if the member is receiving or will receive any other retirement benefit based on this service, except in the case of a military pension. (2) The contribution by the member of the actuarially determined cost of the buyback may be made in one lump sum or may be made by payroll deductions in installments for a period of time which shall not exceed the number of years being purchased. A member electing to make installment payments shall be charged interest based on the actuarially assumed rate of return for the Plan. A member making installment payments shall complete all required payments prior to payment of any benefit under this section. (3) A member who terminates service prior to vesting in the Plan shall be entitled to a refund, without interest, of all money paid to buy back prior military, firefighter, or police officer service. SECTION 26. DEFERRED RETIREMENT OPTION PROGRAM Notwithstanding any other provisions of this contract, and subject to the provisions of this section, the Deferred Retirement Option Program, hereinafter referred to as the DROP, is an option under which an eligible member may elect to have the member's pension benefits calculated as of a certain date prior to retirement, and accumulate benefits plus the investment return pursuant to this section during the DROP calculation period. Participation in the DROP does not guarantee employment for the DROP calculation period, as defined in this section. (D) Interest and Administrative Costs-Interest shall accumulate annually at the rate to reflect the Fund's net investment performance,whether positive or negative, during the DROP calculation period, less the cost of administering the DROP, all of which shall be determined by the Board of Trustees. A DROP participant shall have the opportunity to elect, as provided in this subsection, an investment option to be applied to such DROP participant's account for the Plan Year when entering the DROP and for each subsequent Plan Year. In such election, the DROP participant shall choose to have interest accumulate annually, whether positive or negative, at either (i) a rate reflecting the Fund's net investment performance, as determined by the Board of Trustees, or (ii) a rate reflecting a low-risk variable rate selected annually by the Board of Trustees in its sole discretion. Each election must be made at such time, on such forms, and in such manner as the Board of Trustees may determine in its sole discretion. If the DROP participant fails to make a valid election upon entering the DROP, the Fund interest rate shall be applied as provided herein. If the DROP participant fails to make a valid election in a subsequent Plan Year, the election for the then-current Plan Year shall be applied. Section 3. The changes to the pension contract in this act for firefighters and police officers who are active members of the City Pension Fund for Firefighters and Police Officers in the City of Tampa on or after the date this act becomes a law shall be made available in a supplemental pension contract, and an individual shall not be permitted to select some of the pension contract changes and reject other pension contract changes. Any firefighter or police officer who is entitled to benefits under the City Pension Fund for Firefighters and Police Officers in the City of Tampa who is actively employed as a firefighter or police officer in the City of Tampa on or after the date this act becomes a law shall have the opportunity to sign such supplemental pension contract before October 1, 2011. However, any person who becomes a member of the City Pension Fund for Firefighters and Police Officers in the City of Tampa on or after the date this act becomes a law shall be required as a condition of membership into said Pension Fund to sign a pension contract which includes the provisions of this act and shall be required to make contributions if required as a result of such benefits. Section 4. The City of Tampa Firefighters and Police Officers Pension Contract as prescribed by Section 28-17 of the City of Tampa Code [Ordinance No. 4746-A, enacted September 30, 1969], as amended by Section 28-19 of the City of Tampa Code [Ordinance No. 6038-A, enacted September 17, 1974], pursuant to chapter 74-613, Laws of Florida, as further amended by Ordinance No. 89-314, enacted December 21, 1989, and approved, ratified, validated, and confirmed by chapter 90-391, Laws of Florida, as further amended by chapter 92-231, Laws of Florida, chapter 94-463, Laws of Florida, chapter 98-515, Laws of Florida, chapter 2000-485, Laws of Florida, Ordinance No. 2001-133, enacted July 3, 2001, chapter 2001-288, Laws of Florida, chapter 2002-369, Laws of Florida, Ordinance No. 2003-22, enacted January 23, 2003, chapter 2004-427, Laws of Florida, and chapter 2007-304, Laws of Florida, is in all other respects approved, ratified, validated, and confirmed. Section 5. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Section 6. This act shall take effect October 1, 2011.
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City Pension Fund/City of Tampa/Hillsborough Co.
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Creates "Florida Wage Protection Law"; provides definition; provides legislative findings & intent; preempts regulation of wage theft to state, except as otherwise provided by federal law, & supersedes any municipal or county ordinance or other local regulation on such subject, etc.
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An act relating to wage protection; creating s. 448.111, F.S.; providing a short title; providing a definition; providing legislative findings and intent; preempting regulation of wage theft to the state, except as otherwise provided by federal law, and superseding any municipal or county ordinance or other local regulation on the subject; providing that any local ordinance governing wage theft enacted before January 1, 2011, is not preempted; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Section 448.111, Florida Statutes, is created to read: 448.111 Florida Wage Protection Law.-(1) This section may be cited as the "Florida Wage Protection Law." (2) For purposes of this section, the term "wage theft" means the underpayment or nonpayment of wages earned through lawful employment. (3) The Legislature finds as a matter of public policy that it is necessary to declare the theft of wages and the denial of compensation for work completed to be against the laws and policies of the state. (4) The Legislature finds that employers and employees benefit from consistent and established standards of laws relating to wage theft and that existing federal and state laws, including the federal Fair Labor Standards Act of 1938, the Davis-Bacon Act, the McNamara-O'Hara Service Contract Act of 1965, the Migrant and Seasonal Agricultural Worker Protection Act, the Contract Work Hours and Safety Standards Act, the Copeland "Anti-kickback" Act, this chapter, and s. 24, Art. Xof the State Constitution protect employees from predatory and unfair wage practices while also providing appropriate due process to employers. (5) It is the intent of this section to provide uniform wage theft laws in the state, to void all ordinances and regulations relating to wage theft that have been enacted by a governmental entity other than the state or the Federal Government, and to prohibit the enactment of any future ordinance or other local regulation relating to wage theft. (6) This section hereby expressly preempts regulation of wage theft to the state and supersedes any municipal or county ordinance or other local regulation on the subject. Any local ordinance governing wage theft enacted before January 1, 2011, is not preempted by this section. Section 2. This act shall take effect upon becoming a law.
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Wage Protection
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Requires that district school boards consist of nine members in counties where population exceeds certain number; provides for single-member & at-large districts; requires nonpartisan elections; provides for election of chair & vice chair of school board; provides for 4-year terms of office & staggered terms of members; permits changes in boundaries of school board member residence areas & provides procedure for publication of those changes.
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An act relating to district school board membership; creating s. 1001.3615, F.S.; requiring that district school boards consist of nine members in counties where the population exceeds a certain number; providing for single-member and at-large districts; requiring nonpartisan elections; providing for the election of a chair and vice chair of the school board; providing for 4-year terms of office and staggered terms of members; permitting changes in the boundaries of school board member residence areas and providing the procedure for publication of those changes; providing an effective date. 14 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. Section 1001.3615, Florida Statutes, is created to read: 1001.3615 Election of district school board members in counties in which the population exceeds million.-(1) Notwithstanding ss. 1001.36, 1001.361, and 1001.362, in a county in which the population exceeds million people, the district school board shall consist of nine members. Seven of the nine members shall reside one in each of seven residence areas, the areas together covering the entire district and as nearly equal in population as practicable, according to the most recent decennial census, and each shall be elected only by the qualified electors who reside in the same residence area as the member. Two of the nine members shall be elected from the county at large. Members shall be elected in a nonpartisan election as provided in chapter 105. (2) Notwithstanding s. 1001.371, the school board members elected at large shall serve as the chair and vice chair of the school board. The ballot for the office of chair shall state: "Chair of the School Board" followed by a list of candidates who have qualified for that office. The ballot for the office of vice chair shall state: "Vice Chair of the School Board" followed by a list of candidates who have qualified for that office. The candidate who receives the highest number of votes in the general election shall be elected to the office for which the candidate has qualified. (3) All members shall be elected for 4-year terms, but the terms shall be staggered so that, alternately, one more or one less than half of the members elected from residence areas and, if applicable, one of the members elected at large from the entire district are elected every years. Any member may be elected to an initial term of less than years if necessary to achieve or maintain such system of staggered terms. (4) In odd-numbered years, the district school board may change the boundaries of the residence areas at any meeting of the district school board. (a) The changes in boundaries shall be shown by resolution spread upon the minutes of the district school board, shall be recorded in the office of the clerk of the circuit court, and shall be published at least once in a newspaper published in the district within days after the adoption of the resolution, or, if there is no newspaper published in the district, shall be posted at the county courthouse door for weeks after the adoption of the resolution. A certified copy of the resolution shall be transmitted to the Department of State. (b) A change in a residence area that affects the residence qualifications of an incumbent member does not disqualify the incumbent member during the term for which he or she is elected. Section 2. This act shall take effect upon becoming a law.
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District School Board Membership
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Requires Office of Tourism, Trade, & Economic Development to sell naming rights for public school facility or space for commercial advertising to be displayed on school buses or public school facility to private sector business or entity pursuant to agreement with district school board; provides requirements for contract for sale & remittance of contract revenues; authorizes district school board to enter into agreement with office for contract for sale for school district revenue enhancement.
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An act relating to school district revenue enhancement; amending s. 14.2015, F.S.; requiring the Office of Tourism, Trade, and Economic Development to sell naming rights for a public school facility or space for commercial advertising to be displayed on school buses or a public school facility to a private sector business or entity pursuant to an agreement with a district school board; providing requirements for a contract for sale and remittance of contract revenues; creating s. 1011.762, F.S.; authorizing a district school board to enter into an agreement with the Office of Tourism, Trade, and Economic Development for a contract for sale for school district revenue enhancement; providing for district school board requirements for the naming of a public school facility or advertising on school buses or public school facilities; providing an effective date. 19 Be It Enacted by the Legislature of the State of Florida: 21 Section 1. Subsection (2) of section 14.2015, Florida Statutes, is amended to read: 14.2015 Office of Tourism, Trade, and Economic Development; creation; powers and duties.-(2) The purpose of the Office of Tourism, Trade, and Economic Development is to assist the Governor in working with the Legislature, state agencies, local governmental agencies, business leaders, and economic development professionals to formulate and implement coherent and consistent policies and strategies designed to provide economic opportunities for all Floridians. To accomplish such purposes, the Office of Tourism, Trade, and Economic Development shall: (a) Contract, notwithstanding the provisions of part I of chapter 287, with the direct-support organization created under s. 288.1229 to guide, stimulate, and promote the sports industry in the state, to promote the participation of Florida's citizens in amateur athletic competition, and to promote Florida as a host for national and international amateur athletic competitions. (b) Monitor the activities of public-private partnerships and state agencies in order to avoid duplication and promote coordinated and consistent implementation of programs in areas including, but not limited to, tourism; international trade and investment; business recruitment, creation, retention, and expansion; workforce development; minority and small business development; and rural community development. As part of its responsibilities under this paragraph, the office shall work with Enterprise Florida, Inc., and Workforce Florida, Inc., to ensure that, to the maximum extent possible, there are direct linkages between the economic development and workforce development goals and strategies of the state. (c) Facilitate the direct involvement of the Governor and the Lieutenant Governor in economic development and workforce development projects designed to create, expand, and retain Florida businesses and to recruit worldwide business, as well as in other job-creating efforts. (d) Assist the Governor, in cooperation with Enterprise Florida, Inc., Workforce Florida, Inc., and the Florida Commission on Tourism, in preparing an annual report to the Legislature on the state of the business climate in Florida and on the state of economic development in Florida which will include the identification of problems and the recommendation of solutions. This report shall be submitted to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader by January 1 of each year, and it shall be in addition to the Governor's message to the Legislature under the State Constitution and any other economic reports required by law. (e) Plan and conduct at least one meeting per calendar year of leaders in business, government, education, workforce development, and economic development called by the Governor to address the business climate in the state, develop a common vision for the economic future of the state, and identify economic development efforts to fulfill that vision. (f)1. Administer the Florida Enterprise Zone Act under ss. 290.001-290.016, the community contribution tax credit program under ss. 220.183 and 624.5105, the tax refund program for qualified target industry businesses under s. 288.106, the tax-refund program for qualified defense contractors and space flight business contractors under s. 288.1045, contracts for transportation projects under s. 288.063, the sports franchise facility programs under ss. 288.1162 and 288.11621, the professional golf hall of fame facility program under s. 288.1168, the expedited permitting process under s. 403.973, the Rural Community Development Revolving Loan Fund under s. 288.065, the Regional Rural Development Grants Program under s. 288.018, the Certified Capital Company Act under s. 288.99, the Florida State Rural Development Council, the Rural Economic Development Initiative, and other programs that are specifically assigned to the office by law, by the appropriations process, or by the Governor. Notwithstanding any other provisions of law, the office may expend interest earned from the investment of program funds deposited in the Grants and Donations Trust Fund to contract for the administration of the programs, or portions of the programs, enumerated in this paragraph or assigned to the office by law, by the appropriations process, or by the Governor. Such expenditures shall be subject to review under chapter 216. 2. The office may enter into contracts in connection with the fulfillment of its duties concerning the Florida First Business Bond Pool under chapter 159, tax incentives under chapters and 220, tax incentives under the Certified Capital Company Act in chapter 288, foreign offices under chapter 288, the Enterprise Zone program under chapter 290, the Seaport Employment Training program under chapter 311, the Florida Professional Sports Team License Plates under chapter 320, Spaceport Florida under chapter 331, Expedited Permitting under chapter 403, and in carrying out other functions that are specifically assigned to the office by law, by the appropriations process, or by the Governor. (g) Administer the Black Business Loan Program, the purpose of which is to leverage state, local, and private funds to provide loans and loan guarantees to black business enterprises that cannot obtain capital through conventional lending institutions but that otherwise could compete successfully in the private sector. (h) Serve as contract administrator for the state with respect to contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, Space Florida, and all direct-support organizations under this act, excluding those relating to tourism. To accomplish the provisions of this act and applicable provisions of chapter 288, and notwithstanding the provisions of part I of chapter 287, the office shall enter into specific contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, Space Florida, and other appropriate direct-support organizations. Such contracts may be multiyear and shall include specific performance measures for each year. (i) Provide administrative oversight for the Office of Film and Entertainment, created under s. 288.1251, to develop, promote, and provide services to the state's entertainment industry and to administratively house the Florida Film and Entertainment Advisory Council created under s. 288.1252. (j) Prepare and submit as a separate budget entity a unified budget request for tourism, trade, and economic development in accordance with chapter for, and in conjunction with, Enterprise Florida, Inc., and its boards, the Florida Commission on Tourism and its direct-support organization, the Florida Black Business Investment Board, the Office of Film and Entertainment, and the direct-support organization created to promote the sports industry. (k) Adopt rules, as necessary, to carry out its functions in connection with the administration of the Qualified Target Industry program, the Qualified Defense Contractor program, the Certified Capital Company Act, the Enterprise Zone program, and the Florida First Business Bond pool. (l) Sell the naming rights for a public school facility or space for commercial advertising to be displayed on school buses or a public school facility to a private sector business or entity pursuant to an agreement with a district school board pursuant to s. 1011.762. A contract for sale shall be subject to district school board approval and may be a multiyear contract. Ninety-five percent of the revenue from a contract shall be remitted to the district school board to provide revenue enhancement for the school district and percent of the revenue shall be retained by the office. Section 2. Section 1011.762, Florida Statutes, is created to read: 1011.762 School district revenue enhancement.-(1) Each district school board may enter into an agreement with the Office of Tourism, Trade, and Economic Development for the sale of the naming rights for a public school facility or of space for commercial advertising to be displayed on the exterior or interior of school buses or a public school facility by the office pursuant to s. 14.2015(2)(l). The agreement shall include requirements for display, and the contract for sale is subject to district school board approval. Ninety-five percent of the revenue from a contract for sale shall be remitted to the district school board to provide school district revenue enhancement. (2)(a) A district school board shall establish requirements for the naming of a public school facility or advertising on school buses or a public school facility which are age and content appropriate and do not interfere with the safety of students. (b) A district school board shall determine the use of revenue generated by a contract for sale pursuant to s. 14.2015(2)(l). Section 3. This act shall take effect July 1, 2011.
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School District Revenue Enhancement
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Requires expunction of nonjudicial arrest record of minor who successfully completes civil citation program; requires FDLE to expunge nonjudicial record of arrest of minor who successfully completes civil citation program; sets forth conditions that apply for FDLE to expunge record; authorizes processing fee; provides for retroactive effect.
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An act relating to civil citations; amending s. 985.12, F.S.; requiring the expunction of the nonjudicial arrest record of a minor who successfully completes a civil citation program; amending s. 943.0582, F.S.; requiring the Department of Law Enforcement to expunge the nonjudicial record of the arrest of a minor who successfully completes a civil citation program; setting forth the conditions that apply in order for the department to expunge the record; authorizing the department to charge a processing fee; providing for retroactive effect; providing an effective date. 14 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. Subsection (6) is added to section 985.12, Florida Statutes, to read: 985.12 Civil citation.-(6) A civil citation program shall, with the concurrence of the agencies that established the program, provide for the expunction of a nonjudicial arrest record, pursuant to s. 943.0582, of a minor who successfully completes the civil citation program. Section 2. Section 943.0582, Florida Statutes, is amended to read: 943.0582 Prearrest, postarrest, or teen court diversion program expunction;civil citation expunction.-(1) Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt a may provide, by rule to provide adopted pursuant to chapter 120, for the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program for minors as authorized by s. 985.125 or a civil citation program for minors as authorized by s. 985.12.(2)(a) As used in this section, the term "expunction" has the same meaning ascribed in and effect as s. 943.0585, except that: 1. The provisions of s. 943.0585(4)(a) do not apply, except that the criminal history record of a person whose record is expunged pursuant to this section shall be made available only to criminal justice agencies for the purpose of determining eligibility for prearrest, postarrest, or teen court diversion programs,or for determining eligibility for a civil citation program;when the record is sought as part of a criminal investigation; or when the subject of the record is a candidate for employment with a criminal justice agency. For all other purposes, a person whose record is expunged under this section may lawfully deny or fail to acknowledge the arrest and the charge covered by the expunged record. 2. Records maintained by local criminal justice agencies in the county where in which the arrest occurred which that are eligible for expunction pursuant to this section shall be sealed as the term is used in s. 943.059. (b) As used in this section, the term "nonviolent misdemeanor" includes simple assault or battery when prearrest or postarrest diversion expunction is approved in writing by the state attorney for the county in which the arrest occurred. (3) The department shall expunge the nonjudicial arrest record of a minor who has successfully completed a prearrest or postarrest diversion program or a minor who has successfully completed a civil citation program if that minor: (a) Submits an application to expunge the nonjudicial record of for prearrest or postarrest diversion or participation in a civil citation program expunction,on a form prescribed by the department, signed by the minor's parent or legal guardian, or by the minor if he or she has reached the age of majority at the time of applying. (b) Submits the application to expunge the record of for prearrest or postarrest diversion or participation in a civil citation program expunction no later than months after completion of the diversion program or civil citation program.(c) Submits to the department, with the application, an official written statement from the state attorney for the county in which the arrest occurred certifying that he or she has successfully completed that county's prearrest or postarrest diversion program or civil citation program and that participation in the applicable program is strictly limited to minors arrested for a nonviolent misdemeanor who have not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation. (d) Participated in a prearrest or postarrest diversion program or civil citation program that expressly authorizes or permits such expunction to occur. (e) Participated in a prearrest or postarrest diversion program or civil citation program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28. (f) Has never, before prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance violation. (4) The department may is authorized to charge a $75 processing fee for each request received to expunge a for prearrest or postarrest diversion program record or a civil citation program record expunction,which shall be placed for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director. (5) This section operates retroactively to permit the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program or civil citation program on or after July 1, 2000;however, in the case of a minor whose completion of the program occurred before the effective date of this section, the application for prearrest or postarrest diversion expunction must be submitted within months after the effective date of this section.(6) Expunction or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expunction or sealing of a later criminal history record as provided for in ss. 943.0585 and 943.059, if the minor is otherwise eligible under those sections. Section 3. This act shall take effect July 1, 2011.
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Civil Citations
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Provides for reclassification of criminal offenses committed under color of law.
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An act relating to public corruption; creating s. 775.0876, F.S.; providing for the reclassification of criminal offenses committed under color of law; providing an effective date. 7 Be It Enacted by the Legislature of the State of Florida: 9 Section 1. Section 775.0876, Florida Statutes, is created to read: 775.0876 Offenses committed under color of law; reclassification.-The penalty for any felony or misdemeanor offense shall be reclassified if the commission of such offense was furthered or facilitated by a person acting under color of law. As used in this section, the term "under color of law" means conduct based on public authority or position or the assertion of such authority or position. (1) The reclassification of the felony or misdemeanor is as follows: (a) A misdemeanor of the second degree is reclassified as a misdemeanor of the first degree. (b) A misdemeanor of the first degree is reclassified as a felony of the third degree. (c) A felony of the third degree is reclassified as a felony of the second degree. (d) A felony of the second degree is reclassified as a felony of the first degree. (e) A felony of the first degree is reclassified as a life felony. (2) For purposes of sentencing under chapter 921, a felony offense that is reclassified under this section shall be ranked one level above its ranking under s. 921.0022 or s. 921.0023. (3) Reclassification does not apply if the underlying misdemeanor or felony offense has conduct committed under color of law as one of its necessary elements. Section 2. This act shall take effect July 1, 2011.
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Public Corruption
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Establishes Postsecondary School-to-Work Program to be administered jointly by State Board of Education, Board of Governors, & Department of Revenue; provides that student participating in program earns course credit at career center, Florida College System institution, or state university while employed as apprentice with private business in his or her field of study; provides for credit against corporate income tax liability for participating business.
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An act relating to school to work; creating s. 1004.995, F.S.; establishing the Postsecondary School-to-Work Program to be administered jointly by the State Board of Education, the Board of Governors, and the Department of Revenue; providing that a student participating in the program earns course credit at a career center, Florida College System institution, or state university while employed as an apprentice with a private business in his or her field of study; providing for a credit against the corporate income tax liability for a participating business; providing limitations; requiring the adoption of rules and regulations; amending s. 220.02, F.S.; adding a new tax credit to the list of corporate income tax credits; amending s. 220.13, F.S.; requiring addition of the amount of the tax credit for determination of adjusted federal income; providing an effective date. 19 Be It Enacted by the Legislature of the State of Florida: 21 Section 1. Section 1004.995, Florida Statutes, is created to read: 1004.995 Postsecondary School-to-Work Program.-(1) The Postsecondary School-to-Work Program is established to be administered jointly by the State Board of Education, the Board of Governors, and the Department of Revenue. The program enables a postsecondary education student to earn course credit at a career center, a Florida College System institution, or a state university while employed as an apprentice with a private business in his or her field of study. (2) Participation in an apprenticeship offers the student a combination of on-the-job training and related classroom instruction in which a student learns the practical and theoretical aspects of an occupation. (3)(a) A business that hires an apprentice through the program benefits by training students to industry standards, filling current workforce needs, and preparing students for future workforce needs. (b) A business that participates in the program is eligible to earn a tax credit of percent per apprentice up to 10 percent for two apprentices against its corporate income tax liability. (4) The State Board of Education and the Department of Revenue shall adopt rules and the Board of Governors shall adopt regulations to administer this section. Section 2. Subsection (8) of section 220.02, Florida Statutes, is amended to read: 220.02 Legislative intent.-(8) It is the intent of the Legislature that credits against either the corporate income tax or the franchise tax be applied in the following order: those enumerated in s. 631.828, those enumerated in s. 220.191, those enumerated in s. 220.181, those enumerated in s. 220.183, those enumerated in s. 220.182, those enumerated in s. 220.1895, those enumerated in s. 221.02, those enumerated in s. 220.184, those enumerated in s. 220.186, those enumerated in s. 220.1845, those enumerated in s. 220.19, those enumerated in s. 220.185, those enumerated in s. 220.1875, those enumerated in s. 220.192, those enumerated in s. 220.193, those enumerated in s. 288.9916, those enumerated in s. 220.1899, and those enumerated in s. 220.1896,and those enumerated in s. 1004.995.Section 3. Paragraph (a) of subsection (1) of section 220.13, Florida Statutes, is amended to read: 220.13 "Adjusted federal income" defined.-(1) The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of more than one taxpayer as provided in s. 220.131, for the taxable year, adjusted as follows: (a) Additions.-There shall be added to such taxable income: 1. The amount of any tax upon or measured by income, excluding taxes based on gross receipts or revenues, paid or accrued as a liability to the District of Columbia or any state of the United States which is deductible from gross income in the computation of taxable income for the taxable year. 2. The amount of interest which is excluded from taxable income under s. 103(a) of the Internal Revenue Code or any other federal law, less the associated expenses disallowed in the computation of taxable income under s. of the Internal Revenue Code or any other law, excluding percent of any amounts included in alternative minimum taxable income, as defined in s. 55(b)(2) of the Internal Revenue Code, if the taxpayer pays tax under s. 220.11(3). 3. In the case of a regulated investment company or real estate investment trust, an amount equal to the excess of the net long-term capital gain for the taxable year over the amount of the capital gain dividends attributable to the taxable year. 4. That portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.181. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 5. That portion of the ad valorem school taxes paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.182. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 6. The amount of emergency excise tax paid or accrued as a liability to this state under chapter which tax is deductible from gross income in the computation of taxable income for the taxable year. 7. That portion of assessments to fund a guaranty association incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year. 8. In the case of a nonprofit corporation which holds a pari-mutuel permit and which is exempt from federal income tax as a farmers' cooperative, an amount equal to the excess of the gross income attributable to the pari-mutuel operations over the attributable expenses for the taxable year. 9. The amount taken as a credit for the taxable year under s. 220.1895. 10. Up to nine percent of the eligible basis of any designated project which is equal to the credit allowable for the taxable year under s. 220.185. 11. The amount taken as a credit for the taxable year under s. 220.1875. The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax. This addition is not intended to result in adding the same expense back to income more than once. 12. The amount taken as a credit for the taxable year under s. 220.192. 13. The amount taken as a credit for the taxable year under s. 220.193. 14. Any portion of a qualified investment, as defined in s. 288.9913, which is claimed as a deduction by the taxpayer and taken as a credit against income tax pursuant to s. 288.9916. 15. The costs to acquire a tax credit pursuant to s. 288.1254(5) that are deducted from or otherwise reduce federal taxable income for the taxable year. 16. The amount taken as a credit for the taxable year under s. 1004.995. Section 4. This act shall take effect July 1, 2011.
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School to Work
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Sets fees & costs for dissolution or registration of domestic partnership; requires DOH to examine certificates of domestic partnership & dissolution reports; requires clerk to transmit declarations of domestic partnership; authorizes DOH to issue certified copy of certain vital records to domestic partner; includes domestic partnership within domestic violence provisions; requires DOH to create & distribute forms; provides jurisdiction over partnership proceedings, etc.
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An act relating to domestic partnerships; amending ss. 28.101 and 28.24, F.S.; setting forth fees and costs to be applied when petitioning for a dissolution of a domestic partnership or registering a domestic partnership, respectively; amending s. 97.1031, F.S.; providing notice to the supervisor of elections concerning a change of name due to participation in a domestic partnership; amending s. 382.002, F.S.; defining the term "dissolution of a domestic partnership" for purposes of vital records; including domestic partnerships and dissolution of domestic partnership as vital records in this state; conforming cross-references; amending s. 382.003, F.S.; requiring the Department of Health to examine all certificates of domestic partnership forms and dissolution of domestic partnership reports sent from the courts; amending s. 382.0085, F.S.; conforming a cross-reference; amending s. 382.021, F.S.; requiring the clerk of the circuit court to transmit all original declarations of domestic partnership to the Department of Health by a specified date each month; amending s. 382.022, F.S.; requiring the clerk of the circuit court to collect a fee after registering a domestic partnership; amending s. 382.023, F.S.; requiring the clerk of the circuit court to collect a fee upon filing a final judgment for a dissolution of domestic partnership; amending s. 382.025, F.S.; authorizing the Department of Health to issue a certified copy of certain vital records to a domestic partner; amending s. 382.0255, F.S.; providing that the Department of Health is entitled to a specified fee for the issuance of a commemorative certificate of domestic partnership; amending s. 446.50, F.S.; requiring that certain fees relating to declarations of domestic partnership and dissolution of domestic partnership filings be deposited in the Displaced Homemaker Trust Fund; amending s. 741.28, F.S.; redefining the term "family or household member" in the context of domestic violence to include a domestic partnership; creating s. 741.501, F.S.; providing legislative findings; creating s. 741.502, F.S.; defining terms; creating s. 741.503, F.S.; requiring the Department of Health to create and distribute the Declaration of Domestic Partnership and Certificate of Registered Domestic Partnership forms to each clerk of the circuit court; requiring the department and each clerk of the circuit court to make the Declaration of Domestic Partnership form available to the public; creating s. 741.504, F.S.; providing that the circuit court has jurisdiction over domestic partnership proceedings; requiring the clerk of the circuit court to maintain a domestic partnership registry; providing that the registry is a public record; creating s. 741.505, F.S.; requiring two individuals who wish to become partners in a domestic partnership to complete and file a Declaration of Domestic Partnership form with the clerk of the circuit court; specifying the required contents of the completed form; providing that each partner who signs the form consents to the jurisdiction of the circuit court for certain purposes; providing that if a person files an intentionally and materially false form, he or she commits a misdemeanor of the first degree; providing criminal penalties; requiring the clerk of the circuit court to register the Declaration of Domestic Partnership in a domestic partnership registry and issue a Certificate of Registered Domestic Partnership; creating s. 741.506, F.S.; authorizing the domestic partners to retain surnames; creating s. 741.507, F.S.; providing that any privilege or responsibility granted or imposed by statute, administrative or court rule, policy, common law, or any other law to an individual because the individual is or was related to another by marriage, or is a child of either of the spouses, is granted on equivalent terms to domestic partners or individuals similarly related to domestic partners; providing that the act does not require or permit the extension of any benefit under a retirement, deferred compensation, or other employee benefit plan, if the plan administrator reasonably concludes that the extension of benefits to partners would conflict with a condition for tax qualification of the plan, or a condition for other favorable tax treatment of the plan, under the Internal Revenue Code; creating s. 741.508, F.S.; specifying prohibited or void domestic partnerships; creating s. 741.509, F.S.; requiring that the clerk of the circuit court collect certain fees for receiving a Declaration of Domestic Partnership; authorizing the clerk of the circuit court to accept installment payments from individuals who are unable to pay the fees in a lump sum; creating s. 741.510, F.S.; providing methods to prove the existence of a registered Declaration Domestic Partnership when the certificate document has been lost or is otherwise unavailable; creating s. 741.511, F.S.; providing for termination of a domestic partnership; providing for notice; providing for the effective date of the termination; providing for registration of the termination; requiring records of certain terminations to be maintained; providing for automatic termination of partnership if either party enters into a valid marriage; providing for a reasonable fee for termination; reenacting ss. 921.0024(1)(b) and 943.171(2)(b), F.S., relating to the worksheet form for the Criminal Punishment Code and the basic skills training for domestic violence cases, respectively, to incorporate the amendments made to s. 741.28, F.S., in references thereto; providing an effective date. 105 Be It Enacted by the Legislature of the State of Florida: 107 Section 1. Section 28.101, Florida Statutes, is amended to read: 28.101 Petitions and records of dissolution of marriage and domestic partnership;additional charges.-(1) When a party petitions for a dissolution of marriage or dissolution of domestic partnership,in addition to the filing charges in s. 28.241, the clerk shall collect and receive: (a) A charge of $5. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Child Welfare Training Trust Fund created in s. 402.40. (b) A charge of $5. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Displaced Homemaker Trust Fund created in s. 446.50. If a petitioner does not have sufficient funds with which to pay this fee and signs an affidavit so stating, all or a portion of the fee shall be waived subject to a subsequent order of the court relative to the payment of the fee. (c) A charge of $55. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph to the Department of Revenue for deposit in the Domestic Violence Trust Fund. Such funds which are generated shall be directed to the Department of Children and Family Services for the specific purpose of funding domestic violence centers. (d) A charge of $32.50. On a monthly basis, the clerk shall transfer the moneys collected pursuant to this paragraph as follows: 1. An amount of $7.50 to the Department of Revenue for deposit in the Displaced Homemaker Trust Fund. 2. An amount of $25 to the Department of Revenue for deposit in the General Revenue Fund. (2) Upon receipt of a final judgment of dissolution of marriage or dissolution of domestic partnership for filing, and in addition to the filing charges in s. 28.241, the clerk may collect and receive a service charge of up to $10.50 pursuant to s. 382.023 for the recording and reporting the of such final judgment of dissolution of marriage to the Department of Health. Section 2. Subsection (23) of section 28.24, Florida Statutes, is amended to read: 28.24 Service charges by clerk of the circuit court.-The clerk of the circuit court shall charge for services rendered by the clerk's office in recording documents and instruments and in performing the duties enumerated in amounts not to exceed those specified in this section. Notwithstanding any other provision of this section, the clerk of the circuit court shall provide without charge to the state attorney, public defender, guardian ad litem, public guardian, attorney ad litem, criminal conflict and civil regional counsel, and private court-appointed counsel paid by the state, and to the authorized staff acting on behalf of each, access to and a copy of any public record, if the requesting party is entitled by law to view the exempt or confidential record, as maintained by and in the custody of the clerk of the circuit court as provided in general law and the Florida Rules of Judicial Administration. The clerk of the circuit court may provide the requested public record in an electronic format in lieu of a paper format when capable of being accessed by the requesting entity. 167 Charges 169 (23) Upon receipt of an application for a marriage license or a declaration of domestic partnership,for preparing and administering of oath; issuing, sealing, and recording of the marriage license or registering the domestic partnership;and providing a certified copy 30.00 Section 3. Subsection (2) of section 97.1031, Florida Statutes, is amended to read: 97.1031 Notice of change of residence, change of name, or change of party affiliation.-(2) When an elector moves from the address named on that person's voter registration record to another address in a different county but within the state, the elector seeks to change party affiliation, or the name of an elector is changed by marriage,domestic partnership, or other legal process, the elector shall provide notice of such change to a voter registration official using a voter registration application signed by the elector. A voter information card reflecting the new information shall be issued to the elector as provided in subsection (3). Section 4. Present subsections (5) through (16) of section 382.002, Florida Statutes, are renumbered as subsections (6) through (17), respectively, a new subsection (5) is added to that section, and present subsections (7), (8), and (15) of that section are amended, to read: 382.002 Definitions.-As used in this chapter, the term: (5) "Dissolution of domestic partnership" includes an annulment of domestic partnership. (8) (7) "Final disposition" means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or a fetus as described in subsection (7) (6).In the case of cremation, dispersion of ashes or cremation residue is considered to occur after final disposition; the cremation itself is considered final disposition. (9) (8) "Funeral director" means a licensed funeral director or direct disposer licensed pursuant to chapter or other person who first assumes custody of or effects the final disposition of a dead body or a fetus as described in subsection (7) (6).(16) (15) "Vital records" or "records" means certificates or reports of birth, death, fetal death, marriage, domestic partnership, dissolution of marriage or domestic partnership,name change filed pursuant to s. 68.07, and data related thereto. Section 5. Subsection (7) of section 382.003, Florida Statutes, is amended to read: 382.003 Powers and duties of the department.-The department shall: (7) Approve all forms used in registering, recording, certifying, and preserving vital records, or in otherwise carrying out the purposes of this chapter, and no other forms may not shall be used other than those approved by the department. The department is responsible for the careful examination of the certificates received monthly from the local registrars and marriage certificates,certificates of domestic partnership, and dissolution of marriage and domestic partnership reports received from the circuit and county courts. A certificate that is complete and satisfactory shall be accepted and given a state file number and considered a state-filed record. If any such certificates are incomplete or unsatisfactory, the department shall require further information to be supplied as may be necessary to make the record complete and satisfactory. All physicians, midwives, informants, or funeral directors, and all other persons having knowledge of the facts, are required to supply, upon a form approved by the department or upon the original certificate, such information as they may possess regarding any vital record. Section 6. Subsection (9) of section 382.0085, Florida Statutes, is amended to read: 382.0085 Stillbirth registration.-(9) This section or s. 382.002 (15) (14) may not be used to establish, bring, or support a civil cause of action seeking damages against any person or entity for bodily injury, personal injury, or wrongful death for a stillbirth. Section 7. Section 382.021, Florida Statutes, is amended to read: 382.021 Department to receive marriage licenses and declarations of domestic partnership.-On or before the 5th day of each month, the county court judge or clerk of the circuit court shall transmit to the department all original marriage licenses, with endorsements, and all declarations of domestic partnership received during the preceding calendar month,to the department.Any marriage licenses or declarations of domestic partnership issued and not returned,or any marriage licenses returned but not recorded,shall be county court judge or clerk of the circuit court to the department at the time of transmitting the recorded licenses or declarations on the forms to be prescribed and furnished by the department. If during any month no marriage licenses or declarations of domestic partnership are issued or returned, the county court judge or clerk of the circuit court shall report such fact to the department upon forms prescribed and furnished by the department. Section 8. Section 382.022, Florida Statutes, is amended to read: 382.022 Marriage application;registration of domestic partnership; fees.-Upon the receipt of each application for the issuance of a marriage license or registering a domestic partnership,the county court judge or clerk of the circuit court shall, pursuant to s. 741.02, collect and receive a fee of $4 which shall be remitted to the Department of Revenue for deposit to the Department of Health to defray part of the cost of maintaining marriage and domestic partnership records. Section 9. Section 382.023, Florida Statutes, is amended to read: 382.023 Department to receive dissolution-of-marriage and dissolution-of-domestic-partnership records; fees.-Clerks of the circuit courts shall collect for their services At the time of the filing of a final judgment of dissolution of marriage or dissolution of domestic partnership, the clerk of the circuit court shall collect a fee of up to $10.50, of which percent shall be retained by the clerk of the circuit court as a part of the cost in the cause in which the judgment is granted. The remaining percent shall be remitted to the Department of Revenue for deposit to the Department of Health to defray part of the cost of maintaining the dissolution-of-marriage and dissolution-of-domestic-partnership records. A record of each and every judgment of dissolution of marriage and dissolution of domestic partnership granted by the court during the preceding calendar month, giving names of parties and such other data as required by forms prescribed by the department, shall be transmitted to the department, on or before the 10th day of each month, along with an accounting of the funds remitted to the Department of Revenue pursuant to this section. Section 10. Paragraph (a) of subsection (1) and paragraphs (a) and (c) of subsection (2) of section 382.025, Florida Statutes, are amended to read: 382.025 Certified copies of vital records; confidentiality; research.-(1) BIRTH RECORDS.-Except for birth records over years old which are not under seal pursuant to court order, all birth records of this state shall be confidential and are exempt from the provisions of s. 119.07(1). (a) Certified copies of the original birth certificate or a new or amended certificate, or affidavits thereof, are confidential and exempt from the provisions of s. 119.07(1) and, upon receipt of a request and payment of the fee prescribed in s. 382.0255, shall be issued only as authorized by the department and in the form prescribed by the department, and only: 1. To the registrant, if of legal age; 2. To the registrant's parent or guardian or other legal representative; 3. Upon receipt of the registrant's death certificate, to the registrant's spouse or domestic partner or to the registrant's child, grandchild, or sibling, if of legal age, or to the legal representative of any of such persons; 4. To any person if the birth record is over years old and not under seal pursuant to court order; 5. To a law enforcement agency for official purposes; 6. To any agency of the state or the United States for official purposes upon approval of the department; or 7. Upon order of any court of competent jurisdiction. (2) OTHER RECORDS.-(a) The department shall authorize the issuance of a certified copy of all or part of any marriage, domestic partnership, dissolution of marriage or domestic partnership,or death or fetal death certificate, excluding that portion which is confidential and exempt from the provisions of s. 119.07(1) as provided under s. 382.008, to any person requesting it upon receipt of a request and payment of the fee prescribed by this section. A certification of the death or fetal death certificate which includes the confidential portions shall be issued only: 1. To the registrant's spouse,domestic partner, or parent, or to the registrant's child, grandchild, or sibling, if of legal age, or to any person who provides a will that has been executed pursuant to s. 732.502, insurance policy, or other document that demonstrates his or her interest in the estate of the registrant, or to any person who provides documentation that he or she is acting on behalf of any of them; 2. To any agency of the state or local government or the United States for official purposes upon approval of the department; or 3. Upon order of any court of competent jurisdiction. (c) The department shall issue, upon request and upon payment of an additional fee prescribed by this section, a commemorative marriage license or certificate of domestic partnership representing that the marriage or domestic partnership of the persons named thereon is recorded in the office of the registrar. The certificate issued under this paragraph must shall be in a form consistent with the need to protect the integrity of vital records but must shall be suitable for display. It may bear the seal of the state printed thereon and may be signed by the Governor. Section 11. Paragraph (i) of subsection (1) of section 382.0255, Florida Statutes, is amended to read: 382.0255 Fees.-(1) The department is entitled to fees, as follows: (i) Twenty-five dollars for a commemorative certificate of birth,or marriage,or domestic partnership.Fees collected pursuant to this paragraph in excess of expenses shall be used available for use by the Regional Perinatal Intensive Care Centers (RPICC) Program to prevent child abuse and neglect. Funds derived from the issuance of commemorative marriage certificates shall be used available for use by the Improved Pregnancy Outcome Program. Section 12. Paragraph (b) of subsection (5) of section 446.50, Florida Statutes, is amended to read: 446.50 Displaced homemakers; multiservice programs; report to the Legislature; Displaced Homemaker Trust Fund created.-(5) DISPLACED HOMEMAKER TRUST FUND.-(b) The trust fund shall receive funds generated from an additional fee on marriage license applications,declarations of domestic partnerships, and dissolution of marriage and domestic partnership filings as specified in ss. 741.01(3),741.509, and 28.101, respectively, and may receive funds from any other public or private source. Section 13. Subsection (3) of section 741.28, Florida Statutes, is amended to read: 741.28 Domestic violence; definitions.-As used in ss. 741.28-741.31: (3) "Family or household member" means spouses;, former spouses;, persons related by blood,or marriage, or domestic partnership; persons who are presently residing together as if a family or who have resided together in the past as if a family;, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. Section 14. Section 741.501, Florida Statutes, is created to read: 741.501 Legislative findings.-The Legislature finds that: (1) There are a significant number of individuals in this state who live together in important, personal, emotional, and economically committed relationships. Together, these individuals live, serve, and participate in the community, and often rear children and care for family members. (2) These familial relationships, often referred to as domestic partnerships, assist the state by providing a private network of support for the financial, physical, and emotional health of their participants. (3) The state has a strong interest in promoting stable and lasting families, and believes that all families should be provided with the opportunity to obtain necessary legal protections and status and the ability to achieve their fullest potential. (4) While some public and private institutions recognize domestic partnerships for limited purposes such as health benefits, hospital visitation, and medical decisionmaking for an incapacitated family member, many do not. Historically, legal recognition of marriage by the state is the primary and, in a number of instances, the exclusive source of numerous rights, benefits, and responsibilities available to families under the laws of this state. (5) The status of marriage in this state is limited by Art. I of the State Constitution to the union of one man and one woman and the Legislature does not seek to alter the definition of marriage in any way. The Legislature also finds, however, that recognition of domestic partnerships can provide an alternative mechanism for extending certain important rights and responsibilities to individuals who choose to form long-term, mutually supportive relationships. Such recognition will provide support to these familial relationships without affecting the definition of marriage, without creating or recognizing a legal relationship that is the substantial equivalent of marriage, and without affecting restrictions contained in federal law. (6) The decision to offer or seek a ceremony or blessing over the domestic partnership should be left to the dictates of each religious faith and to the preferences of the persons entering into the partnership. Sections 741.501-741.511 do not require performance of any solemnization ceremony to enter into a binding domestic partnership agreement and do not interfere with the right of each religious faith to choose freely to whom to grant the religious status, sacrament, or blessing of marriage under the rules and practices of that faith. (7) Because of the material and other support that these familial relationships provide to their participants, these relationships should be formally recognized and made uniform by law. Therefore, the Legislature declares that it is the policy of this state to establish and define the rights and responsibilities of domestic partners. Section 15. Section 741.502, Florida Statutes, is created to read: 741.502 Definitions.-As used in ss. 741.501-741.511, the term: (1) "Department" means the Department of Health. (2) "Domestic partnership" means a civil contract entered into between two individuals who are years of age or older and otherwise capable, of which at least one of whom is a resident of this state. (3) "Partner" means an individual joined in a domestic partnership. Section 16. Section 741.503, Florida Statutes, is created to read: 741.503 Forms.-(1) Pursuant to s. 382.003(7), the department shall prepare forms entitled: (a) "Declaration of Domestic Partnership" which meets the requirements of s. 741.505. (b) "Certificate of Registered Domestic Partnership." (2) The department shall distribute the Declaration of Domestic Partnership and Certificate of Registered Domestic Partnership forms to each clerk of the circuit court. The department and each clerk shall make the Declaration of Domestic Partnership form available to the public. Section 17. Section 741.504, Florida Statutes, is created to read: 741.504 Court jurisdiction and duties; registry.-(1) The circuit court has jurisdiction over any proceeding relating to the domestic partners' rights and obligations. (2) Each clerk of the circuit court shall maintain a registry of all domestic partnerships entered into in that circuit and a record of all certificates of domestic partnership issued which includes the names of the partners and the date of issuance. (3) Notwithstanding s. 382.025 or any other law, the registry of domestic partnerships maintained by a clerk of the circuit court is a public record and subject to full disclosure. Section 18. Section 741.505, Florida Statutes, is created to read: 741.505 Domestic partnership requirements.-(1) Two individuals wishing to become partners in a domestic partnership recognized by this state must complete and file a Declaration of Domestic Partnership form with a clerk of the circuit court. The declaration must include: (a) A statement attesting that each individual is years of age or older and is otherwise capable of entering into a domestic partnership. The clerk may accept any reasonable proof of an individual's age which is satisfactory to the clerk. The clerk may also require proof of age by affidavit of some individual other than the parties seeking to file the form if the clerk deems it necessary. (b) A statement attesting that at least one of the individuals is a resident of this state. (c) Each individual's mailing address. (d) A statement attesting that each individual consents to the jurisdiction of the circuit courts of this state for any proceeding relating to the partners' rights and obligations, even if one or both partners cease to reside or maintain a domicile in this state. (e) The notarized signature of each individual, along with a declaration that the representations made on the form are true, correct, and contain no material omissions of fact to the best knowledge and belief of the each individual. (2) Notwithstanding s. 61.021, each person signing a Declaration of Domestic Partnership form consents to the jurisdiction of the circuit courts of this state for any proceeding related to the partners' rights and obligations, even if one or both partners cease to reside or maintain a domicile in this state. (3) A person who provides intentionally and materially false information on a Declaration of Domestic Partnership form with the clerk of court commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (4) If all legal requirements have been satisfied and there appears to be no impediment to the domestic partnership, the clerk of the circuit court shall: (a) Return a copy of the registered form to the partners; (b) Register the Declaration of Domestic Partnership in a domestic partnership registry; and (c) Issue a Certificate of Registered Domestic Partnership under his or her hand and seal to the partners in person or at the mailing address provided by the partners. Section 19. Section 741.506, Florida Statutes, is created to read: 741.506 Domestic partnership; name change.-Upon entering into a domestic partnership, a partner may retain his or her previous surname, or, if changed, may resume the previous legal name during the domestic partnership. Section 20. Section 741.507, Florida Statutes, is created to read: 741.507 Domestic partnership; rights and responsibilities; relationship to federal law.-(1) Any privilege, immunity, right, or benefit granted by statute, administrative or court rule, policy, common law, or any other law to an individual because the individual is or was related to another individual by marriage as an in-law is granted on equivalent terms, substantive and procedural, to an individual who is or was in a domestic partnership or who is or was similarly related as an in-law to an individual participating in a domestic partnership. (2) Any responsibility imposed by statute, administrative or court rule, policy, common law, or any other law on an individual because the individual is or was related to another individual by marriage as an in-law is imposed on equivalent terms, substantive and procedural, on an individual who is or was in a domestic partnership or who is or was similarly related as an in-law to an individual participating in a domestic partnership. (3) Any privilege, immunity, right, benefit, or responsibility granted to or imposed by statute, administrative or court rule, policy, common law, or any other law on a spouse with respect to a child of either of the spouses is granted to or imposed on equivalent terms, substantive and procedural, on an individual in a domestic partnership with respect to a child of either of the partners. (4) Any privilege, immunity, right, benefit, or responsibility granted or imposed by statute, administrative or court rule, policy, common law, or any other law to or on a former or surviving spouse with respect to a child of either of the spouses is granted to or imposed on equivalent terms, substantive and procedural, on a former or surviving partner with respect to a child of either of the partners. (5) For purposes of administering the tax laws of this state, partners in a domestic partnership, surviving partners of a domestic partnership, and the children of partners in a domestic partnership have the same privileges, immunities, rights, benefits, and responsibilities as are granted to or imposed on spouses in a marriage, surviving spouses, and their children. (6) Many of the laws of this state are intertwined with federal law, and the Legislature recognizes that it does not have the jurisdiction to control or implement federal laws or the privileges, immunities, rights, benefits, and responsibilities related to federal laws. (7) Sections 741.502-741.511 do not require or permit the extension of any benefit under any retirement, deferred compensation, or other employee benefit plan, if the plan administrator reasonably concludes that the extension of benefits would conflict with a condition for the tax qualification of the plan, or a condition for other favorable tax treatment of the plan, under the Internal Revenue Code or adopted regulations. (8) Sections 741.502-741.511 do not require the extension of any benefit under any employee benefit plan that is subject to federal regulation under the Employee Retirement Income Security Act of 1974. Section 21. Section 741.508, Florida Statutes, is created to read: 741.508 Domestic partnerships prohibited and void.-(1) The following domestic partnerships are prohibited and void: (a) If either party to the domestic partnership currently has a different partner, or a wife or husband recognized by this state, living at the time of entering into the domestic partnership. (b) If the parties to the domestic partnership are related by lineal consanguinity or are siblings, or if one party is the niece or nephew of the other party. (c) If either party to a domestic partnership is incapable of making the civil contract or consenting to the contract for want of legal age or sufficient understanding. (2) If the consent of either party is obtained by force or fraud, the domestic partnership is void from the time it is so declared by a judgment of a court having jurisdiction of the domestic partnership. (3) An individual who has filed a Declaration of Domestic Partnership form may not file a new Declaration of Domestic Partnership form or enter a marriage recognized in this state with someone other than the individual's registered partner unless a judgment of dissolution or annulment of the most recent domestic partnership has been entered. This prohibition does not apply if the previous domestic partnership ended because one of the partners died. Section 22. Section 741.509, Florida Statutes, is created to read: 741.509 Fees.-(1) The clerk of the circuit court shall collect and receive a fee of $2 for receiving a Declaration of Domestic Partnership form completed in accordance with s. 741.505. In addition: (a) A fee of $25 shall be collected and deposited in the Domestic Violence Trust Fund for the purposes provided in s. 741.01(2). (b) A fee of $7.50 shall be collected for deposit in the Displaced Homemaker Trust Fund created in s. 446.50. (c) A fee of $25 shall be collected and remitted to the Department of Revenue for deposit, monthly, into the General Revenue Fund. (d) A fee of $4 shall be collected and distributed as provided in s. 382.022. (2) An applicant for a Certificate of Registered Domestic Partnership who is unable to pay the fees required under subsection (1) in a lump sum may make payment in not more than three installments over a period of days. The clerk shall accept installment payments upon receipt of an affidavit that the applicant is unable to pay the fees in a lump-sum payment. Upon receipt of the third or final installment payment, the Declaration of Domestic Partnership shall be deemed filed, and the clerk shall issue the Certificate of Registered Domestic Partnership and distribute the fees as appropriate. If the fee is paid in installments, the clerk shall retain $1 from the additional fee imposed pursuant to paragraph (1)(c) as a processing fee. Section 23. Section 741.510, Florida Statutes, is created to read: 741.510 Proof domestic partnership where certificate is not available.-If a Declaration of Domestic Partnership has been received in accordance with s. 741.505 and the clerk has not registered such declaration as required by that section, if a Certificate of Registered Domestic Partnership has been lost, or if by reason of death or other cause the certificate cannot be obtained, the domestic partnership may be proved by affidavit before any officer authorized to administer oaths made by two competent witnesses who were present and saw the Declaration of Domestic Partnership executed under s. 741.505, which affidavit may be filed and recorded in the office of clerk of the circuit in which the Declaration of Domestic Partnership was registered, with the same force and effect as if the proper certificate has been made, returned, and recorded. Section 24. Section 741.511, Florida Statutes, is created to read: 741.511 Termination of partnership.-(1)(a) A party to a state-registered domestic partnership may terminate the relationship by filing a notice of termination of the state-registered domestic partnership with the department and paying the filing fee established under subsection (5). The notice must be signed by one or both parties and notarized. If the notice is not signed by both parties, the party seeking termination must also file with the department an affidavit stating either that the other party has been served in writing in the manner prescribed for the service of summons in a civil action, that a notice of termination is being filed, or that the party seeking termination has not been able to find the other party after reasonable effort and that notice has been made by publication pursuant to paragraph (b). (b) When the other party cannot be found after reasonable effort, the party seeking termination may provide notice by publication as provided in chapter in the county in which the residence most recently shared by the domestic partners is located. Notice must be published at least once. (2) The state registered domestic partnership shall be terminated effective days after the date of filing the notice of termination and payment of the filing fee. (3) Upon receipt of a signed, notarized notice of termination, affidavit, if required, and the filing fee, the department shall register the notice of termination and provide a certificate of termination of the state-registered domestic partnership to each party named on the notice. The department shall maintain a record of each notice of termination filed with it and each certificate of termination issued by it. The department shall maintain records of terminations of state-registered domestic partnerships, except for those state-registered domestic partnerships terminated under subsection (4). (4) A state-registered domestic partnership is automatically terminated if, subsequent to the registration of the domestic partnership with the department, either party or both parties enter into a marriage that is recognized as valid in this state, either with each other or with another person. (5) The department shall collect a reasonable fee for filing the declaration set by rule calculated to cover the department's costs, but not to exceed $50. Fees collected under this section shall be deposited in the department's Administrative Trust Fund. Section 25. For the purpose of incorporating the amendment made by this act to section 741.28, Florida Statutes, in a reference thereto, paragraph (b) of subsection (1) of section 921.0024, Florida Statutes, is reenacted to read: 921.0024 Criminal Punishment Code; worksheet computations; scoresheets.-(1) (b) WORKSHEET KEY: 714 Legal status points are assessed when any form of legal status existed at the time the offender committed an offense before the court for sentencing. Four (4) sentence points are assessed for an offender's legal status. 719 Community sanction violation points are assessed when a community sanction violation is before the court for sentencing. Six (6) sentence points are assessed for each community sanction violation and each successive community sanction violation, unless any of the following apply: 1. If the community sanction violation includes a new felony conviction before the sentencing court, twelve (12) community sanction violation points are assessed for the violation, and for each successive community sanction violation involving a new felony conviction. 2. If the community sanction violation is committed by a violent felony offender of special concern as defined in s. 948.06: a. Twelve (12) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where: (I) The violation does not include a new felony conviction; and (II) The community sanction violation is not based solely on the probationer or offender's failure to pay costs or fines or make restitution payments. b. Twenty-four (24) community sanction violation points are assessed for the violation and for each successive violation of felony probation or community control where the violation includes a new felony conviction. 745 Multiple counts of community sanction violations before the sentencing court shall not be a basis for multiplying the assessment of community sanction violation points. 749 Prior serious felony points: If the offender has a primary offense or any additional offense ranked in level 8, level 9, or level 10, and one or more prior serious felonies, a single assessment of thirty (30) points shall be added. For purposes of this section, a prior serious felony is an offense in the offender's prior record that is ranked in level 8, level 9, or level under s. 921.0022 or s. 921.0023 and for which the offender is serving a sentence of confinement, supervision, or other sanction or for which the offender's date of release from confinement, supervision, or other sanction, whichever is later, is within years before the date the primary offense or any additional offense was committed. 762 Prior capital felony points: If the offender has one or more prior capital felonies in the offender's criminal record, points shall be added to the subtotal sentence points of the offender equal to twice the number of points the offender receives for the primary offense and any additional offense. A prior capital felony in the offender's criminal record is a previous capital felony offense for which the offender has entered a plea of nolo contendere or guilty or has been found guilty; or a felony in another jurisdiction which is a capital felony in that jurisdiction, or would be a capital felony if the offense were committed in this state. 774 Possession of a firearm, semiautomatic firearm, or machine gun: If the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(2) while having in his or her possession: a firearm as defined in s. 790.001(6), an additional eighteen (18) sentence points are assessed; or if the offender is convicted of committing or attempting to commit any felony other than those enumerated in s. 775.087(3) while having in his or her possession a semiautomatic firearm as defined in s. 775.087(3) or a machine gun as defined in s. 790.001(9), an additional twenty-five (25) sentence points are assessed. 786 Sentencing multipliers: 788 Drug trafficking: If the primary offense is drug trafficking under s. 893.135, the subtotal sentence points are multiplied, at the discretion of the court, for a level or level offense, by 1.5. The state attorney may move the sentencing court to reduce or suspend the sentence of a person convicted of a level or level offense, if the offender provides substantial assistance as described in s. 893.135(4). 796 Law enforcement protection: If the primary offense is a violation of the Law Enforcement Protection Act under s. 775.0823(2), (3), or (4), the subtotal sentence points are multiplied by 2.5. If the primary offense is a violation of s. 775.0823(5), (6), (7), (8), or (9), the subtotal sentence points are multiplied by 2.0. If the primary offense is a violation of s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement Protection Act under s. 775.0823(10) or (11), the subtotal sentence points are multiplied by 1.5. 806 Grand theft of a motor vehicle: If the primary offense is grand theft of the third degree involving a motor vehicle and in the offender's prior record, there are three or more grand thefts of the third degree involving a motor vehicle, the subtotal sentence points are multiplied by 1.5. 812 Offense related to a criminal gang: If the offender is convicted of the primary offense and committed that offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang as prohibited under s. 874.04, the subtotal sentence points are multiplied by 1.5. 818 Domestic violence in the presence of a child: If the offender is convicted of the primary offense and the primary offense is a crime of domestic violence, as defined in s. 741.28, which was committed in the presence of a child under years of age who is a family or household member as defined in s. 741.28(3) with the victim or perpetrator, the subtotal sentence points are multiplied by 1.5. Section 26. For the purpose of incorporating the amendment made by this act to section 741.28, Florida Statutes, in a reference thereto, paragraph (b) of subsection (2) of section 943.171, Florida Statutes, is reenacted to read: 943.171 Basic skills training in handling domestic violence cases.-(2) As used in this section, the term: (b) "Household member" has the meaning set forth in s. 741.28(3). Section 27. This act shall take effect July 1, 2011.
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Domestic Partnerships
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Provides legislative intent; prohibits state or political subdivisions from limiting or restricting enforcement of immigration laws; requires law enforcement officer to request citizenship information; authorizes law enforcement agency to transport alien to federal facility; requires judicial authorization for transfer of alien outside state; allows governmental entities to share information regarding citizenship; authorizes citizens to sue state or political subdivision of state if state or subdivision is restricting enforcement of federal immigration laws, etc.
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An act relating to the enforcement of immigration laws; creating s. 943.0536, F.S.; providing legislative intent; prohibiting the state or its political subdivisions from limiting or restricting the enforcement of immigration laws; requiring a law enforcement officer to request citizenship information under certain circumstances; authorizing a law enforcement agency to transport an alien to a federal facility; requiring judicial authorization for the transfer of an alien outside the state; allowing governmental entities to share information regarding citizenship; authorizing citizens to sue the state or a political subdivision of the state if the state or political subdivision is restricting the enforcement of federal immigration laws; providing for recovery of attorney's fees; providing for criminal penalties; prohibiting the probation or release of an alien who does not possess registration documents; requiring that the act be implemented consistent with federal law; prohibiting law enforcement officers from using race as a determining factor in an assessment under the act; providing an effective date. 24 Be It Enacted by the Legislature of the State of Florida: 26 Section 1. Section 943.0536, Florida Statutes, is created to read: 943.0536 Enforcement of immigration laws.-(1) The Legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout this state. The section is intended to discourage and deter the unlawful entry and presence of aliens in this state and the economic activity by persons unlawfully present in this state. (2) An official or agency of the state or a political subdivision of the state may not limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. (3)(a) If, during a lawful stop, detention, or arrest made by a law enforcement officer of this state or a political subdivision of this state made to enforce any law or ordinance of the state or a political subdivision, reasonable suspicion exists that the person stopped, detained, or arrested is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person stopped, detained, or arrested, except if the determination may hinder or obstruct an investigation. (b) A person who is arrested shall have his or her immigration status determined before the person is released. (c) The immigration status of the person stopped, detained, or arrested shall be verified with the Federal Government pursuant to U.S.C. s. 1373(c). (d) A law enforcement officer of this state or a political subdivision of this state may not consider race, color, or national origin when implementing the requirements of this subsection, except to the extent permitted by the United States Constitution or the State Constitution. (e) A person is presumed to be an alien who is lawfully present in the United States if the person provides to the law enforcement officer any of the following: 1. A valid Florida driver's license; 2. A valid Florida identification card; 3. A valid tribal enrollment card or other form of tribal identification; or 4. Any valid United States federal, state, or local identification, if the entity providing the identification requires proof of legal presence in the United States. (4) If an alien is unlawfully present in the United States and he or she is convicted of a violation of a state or local law, on discharge from incarceration or on the assessment of any monetary obligation that is imposed, the appropriate state or local law enforcement agency shall immediately notify the United States Immigration and Customs Enforcement or the United States Customs and Border Protection. (5) Notwithstanding any other law, a law enforcement agency may transport an alien for whom the agency has received verification that he or she is unlawfully present in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody which is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial authorization before transporting an alien to a point of transfer outside this state. (6) When implementing this section, an alien's immigration status may be determined by: (a) A law enforcement officer who is authorized by the Federal Government to verify or ascertain an alien's immigration status. (b) The United States Immigration and Customs Enforcement or the United States Customs and Border Protection pursuant to U.S.C. s. 1373(c). (7) Except as provided in federal law, an official of this state or a political subdivision of this state may not be prohibited or in any way restricted from sending, receiving, or maintaining information relating to the immigration status of an individual. These officials and agencies may exchange information with any other governmental entity for purposes of: (a) Determining the eligibility of a person for any public benefit, service, or license provided by any federal, state, or local government. (b) Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order. (c) Determining whether the alien is in compliance with the federal registration laws prescribed by Title II of chapter 7 of the federal Immigration and Nationality Act. (8) A person who is a legal resident of this state may bring an action in a county court to challenge any official or agency of this state or a political subdivision of this state which adopts or implements a policy that limits or restricts the enforcement of federal immigration laws, including U.S.C. ss. 1373 and 1644, to less than the full extent permitted by federal law. If the court finds that the state or political subdivision has violated this section, the court shall order that the state or political subdivision pay a civil penalty of not less than $500 and not more than $5,000 for each day that the policy has remained in effect after the filing of an action pursuant to this subsection. (9) The court may award court costs and reasonable attorney's fees to any person or any official or agency of this state or political subdivision of this state prevailing by an adjudication on the merits in a proceeding brought pursuant to subsection (8). (10) In addition to any other violation of federal law, a person may not willfully fail to complete or carry an alien registration document if the person is in violation of U.S.C. s. 1304(e) or s. 1306(a). A person is not subject to sanctions under subsection (7), subsection (8), subsection (9), or this subsection if he or she maintains authorization from the Federal Government to remain in the United States. In the enforcement of this subsection, an alien's immigration status may be determined by: (a) A law enforcement officer who is authorized by the Federal Government to verify or ascertain an alien's immigration status. (b) The United States Immigration and Customs Enforcement or the United States Customs and Border Protection pursuant to U.S.C. s. 1373(c). (11) A person who is sentenced pursuant to subsection (10) is not eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis except as authorized by law. (12) In addition to any other penalty prescribed by law, the court shall order the person to pay costs of incarceration. (13) A person who willfully fails to complete or carry an alien registration document required under subsection (10) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However any fine imposed under this subsection may not exceed $100. A person who violates this subsection may be sentenced to up to days in jail. A person who violates this subsection a second or subsequent time may be sentenced to up to days in jail. (14) This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting civil rights of all persons, and respecting the privileges and immunities of United States citizens. (15) A law enforcement officer of this state or a political subdivision of the state may not consider race, color, or national origin in the enforcement of this section, except to the extent permitted by the United States Constitution or the State Constitution. (16) Fines collected under this section shall be deposited into the General Revenue Fund. Section 2. This act shall take effect October 1, 2011.
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Enforcement of Immigration Laws
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Tolls expiration period of tax certificate & statute of limitations relating to proceedings involving tax lien certificates or tax deeds during period of intervening bankruptcy; revises, updates, & consolidates provisions of ch. 197, F.S., relating to definitions, tax collectors, lien of taxes, returns & assessments, unpaid or omitted taxes, discounts, interest rates, DOR responsibilities, tax bills, judicial sales, prepayment of taxes, etc.
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An act relating to property taxation; amending s. 95.051, F.S.; tolling the expiration period of a tax certificate and the statute of limitations relating to proceedings involving tax lien certificates or tax deeds during the period of an intervening bankruptcy; amending ss. 197.102, 197.122, 197.123, 197.162, 197.172, 197.182, 197.222, 197.2301, 197.322, 197.332, 197.343, 197.344, 197.3635, 197.373, 197.402, 197.403, 197.413, 197.414, 197.4155, 197.416, 197.417, 197.432, 197.4325, 197.442, 197.443, 197.462, 197.472, 197.473, 197.482, 197.492, 197.582, and 197.602, F.S.; revising, updating, and consolidating provisions of ch. 197, F.S., relating to definitions, tax collectors, lien of taxes, returns and assessments, unpaid or omitted taxes, discounts, interest rates, Department of Revenue responsibilities, tax bills, judicial sales, prepayment of taxes, assessment rolls, duties of tax collectors, tax notices, delinquent taxes, lienholders, special assessments, non-ad valorem assessments, tax payments, distribution of taxes, advertisements of property with delinquent taxes, attachment, delinquent personal property taxes, sales of property, tax certificates, tax deeds, tax sales, and proceedings involving the validity of a tax deed; amending s. 197.502, F.S.; revising provisions relating to applications for tax deeds; providing payment requirements; amending s. 197.542, F.S.; revising the minimum deposit after becoming the highest bidder for a tax deed; requiring a clerk to readvertise the sale of a tax deed if a previous buyer failed to make full payment for the tax deed; creating s. 197.146, F.S.; authorizing tax collectors to issue certificates of correction to tax rolls and outstanding delinquent taxes for uncollectable personal property accounts; requiring the tax collector to notify the property appraiser; providing construction; creating ss. 197.2421 and 197.2423, F.S., transferring, renumbering, and amending ss. 197.253, 197.303, and 197.3071, F.S., and amending ss. 197.243, 197.252, 197.254, 197.262, 197.263, 197.272, 197.282, 197.292, 197.301, and 197.312, F.S.; revising, updating, and consolidating provisions of ch. 197, F.S., relating to deferral of tax payments for real property, homestead property, recreational and commercial working waterfront property, and affordable rental property; creating s. 197.4725, F.S.; providing authorization and requirements for purchase of county-held tax certificates; specifying required amounts to be paid; providing for fees; providing for electronic services; amending s. 192.0105, F.S.; providing that the right to a discount for the early payment of taxes does not apply to certain partial payments of taxes; clarifying a taxpayer's right to redeem real property and tax certificates; clarifying that a property owner may not be contacted by the holder of a tax certificate for years following the date the certificate is issued; providing that s. 197.122, F.S., applies in certain circumstances; providing for the obligation of the property owner to obtain certain information; correcting cross-references; amending ss. 194.011, 194.013, 196.011, and 197.374, F.S.; conforming cross-references; creating s. 197.603, F.S.; providing legislative intent; repealing s. 197.202, F.S., relating to destruction of 20-year-old tax receipts; repealing s. 197.242, F.S., relating to a short title; repealing ss. 197.304, 197.3041, 197.3042, 197.3043, 197.3044, 197.3045, 197.3046, 197.3047, 197.307, 197.3072, 197.3073, 197.3074, 197.3075, 197.3076, 197.3077, 197.3078, and 197.3079, F.S., relating to deferrals of tax payments; providing an effective date. 69 Be It Enacted by the Legislature of the State of Florida: 71 Section 1. Section 95.051, Florida Statutes, is amended to read: 95.051 When limitations tolled.-(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by: (a) Absence from the state of the person to be sued. (b) Use by the person to be sued of a false name that is unknown to the person entitled to sue so that process cannot be served on the person to be sued. (c) Concealment in the state of the person to be sued so that process cannot be served on him or her. (d) The adjudicated incapacity, before the cause of action accrued, of the person entitled to sue. In any event, the action must be begun within years after the act, event, or occurrence giving rise to the cause of action. (e) Voluntary payments by the alleged father of the child in paternity actions during the time of the payments. (f) The payment of any part of the principal or interest of any obligation or liability founded on a written instrument. (g) The pendency of any arbitral proceeding pertaining to a dispute that is the subject of the action. (h) The period of an intervening bankruptcy tolls the expiration period of a tax certificate under s. 197.482 and any proceeding or process under chapter 197. (i) (h) The minority or previously adjudicated incapacity of the person entitled to sue during any period of time in which a parent, guardian, or guardian ad litem does not exist, has an interest adverse to the minor or incapacitated person, or is adjudicated to be incapacitated to sue; except with respect to the statute of limitations for a claim for medical malpractice as provided in s. 95.11. In any event, the action must be begun within years after the act, event, or occurrence giving rise to the cause of action. 105 Paragraphs (a)-(c) shall not apply if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant the relief sought. This section shall not be construed to limit the ability of any person to initiate an action within days after of the lifting of an automatic stay issued in a bankruptcy action as is provided in 11 U.S.C. s. 108(c). (2) A No disability or other reason does not shall toll the running of any statute of limitations except those specified in this section, s. 95.091, the Florida Probate Code, or the Florida Guardianship Law. Section 2. Section 197.102, Florida Statutes, is amended to read: 197.102 Definitions.-(1) As used in this chapter, the following definitions apply, unless the context clearly requires otherwise: (a) "Awarded" means the time when the tax collector or a designee determines and announces verbally or through the closing of the bid process in a live or an electronic auction that a buyer has placed the winning bid on a tax certificate at a tax certificate sale. (b) (1) "Department," unless otherwise specified, means the Department of Revenue. (c) (2) "Omitted taxes" means those taxes which have not been extended on the tax roll against a parcel of property after the property has been placed upon the list of lands available for taxes pursuant to s. 197.502. (d) "Proxy bidding" means a method of bidding by which a bidder authorizes an agent, whether an individual or an electronic agent, to place bids on his or her behalf. (e) "Random number generator" means a computational device that generates a sequence of numbers that lack any pattern and is used to resolve a tie when multiple bidders have bid the same lowest amount by assigning a number to each of the tied bidders and randomly determining which one of those numbers is the winner. (f) (3) "Tax certificate" means a paper or electronic legal document, representing unpaid delinquent real property taxes, non-ad valorem assessments, including special assessments, interest, and related costs and charges, issued in accordance with this chapter against a specific parcel of real property and becoming a first lien thereon, superior to all other liens, except as provided by s. 197.573(2). (g) (4) "Tax notice" means the paper or electronic tax bill sent to taxpayers for payment of any taxes or special assessments collected pursuant to this chapter, or the bill sent to taxpayers for payment of the total of ad valorem taxes and non-ad valorem assessments collected pursuant to s. 197.3632. (h) (5) "Tax receipt" means the paid tax notice. (i) (6) "Tax rolls" and "assessment rolls" are synonymous and mean the rolls prepared by the property appraiser pursuant to chapter and certified pursuant to s. 193.122. (2) (7) If when a local government uses the method set forth in s. 197.3632 to levy, collect, or enforce a non-ad valorem assessment,the following definitions shall apply: (a) "Ad valorem tax roll" means the roll prepared by the property appraiser and certified to the tax collector for collection. (b) "Non-ad valorem assessment roll" means a roll prepared by a local government and certified to the tax collector for collection. Section 3. Section 197.122, Florida Statutes, is amended to read: 197.122 Lien of taxes; dates; application.-(1) All taxes imposed pursuant to the State Constitution and laws of this state shall be a first lien, superior to all other liens, on any property against which the taxes have been assessed and shall continue in full force from January of the year the taxes were levied until discharged by payment or until barred under chapter 95. If All personal property tax liens, to the extent that the property to which the lien applies cannot be located in the county or to the extent that the sale of the property is insufficient to pay all delinquent taxes, interest, fees, and costs due, a personal property tax lien applies shall be liens against all other personal property of the taxpayer in the county. However, a lien such liens against other personal property does shall not apply against such property that which has been sold,and is such liens against other personal property shall be subordinate to any valid prior or subsequent liens against such other property. An No act of omission or commission on the part of a any property appraiser, tax collector, board of county commissioners, clerk of the circuit court, or county comptroller, or their deputies or assistants, or newspaper in which an any advertisement of sale may be published does not shall operate to defeat the payment of taxes,interest, fees, and costs due and;but any acts of omission or commission may be corrected at any time by the officer or party responsible for them in the same like manner as provided by law for performing acts in the first place.Amounts,and when so corrected they shall be deemed to be construed as valid ab initio and do not shall in no way affect any process by law for the enforcement of the collection of the any tax. All owners of property are shall be held to know that taxes are due and payable annually and are responsible for charged with the duty of ascertaining the amount of current and delinquent taxes and paying them before April of the year following the year in which taxes are assessed. A No sale or conveyance of real or personal property for nonpayment of taxes may not shall be held invalid except upon proof that: (a) The property was not subject to taxation; (b) The taxes were had been paid before the sale of personal property; or (c) The real property was had been redeemed before receipt by the clerk of the court of full payment for the execution and delivery of a deed based upon a certificate issued for nonpayment of taxes,including all recording fees and documentary stamps.(2) A lien created through the sale of a tax certificate may not be foreclosed or enforced in any manner except as prescribed in this chapter. (3) A property appraiser may also correct a material mistake of fact relating to an essential condition of the subject property to reduce an assessment if to do so requires only the exercise of judgment as to the effect of the mistake of fact on the assessed or taxable value of the property that mistake of fact.(a) As used in this subsection, the term "an essential condition of the subject property" means a characteristic of the subject parcel, including only: 1. Environmental restrictions, zoning restrictions, or restrictions on permissible use; 2. Acreage; 3. Wetlands or other environmental lands that are or have been restricted in use because of such environmental features; 4. Access to usable land; 5. Any characteristic of the subject parcel which characteristic,in the property appraiser's opinion, caused the appraisal to be clearly erroneous; or 6. Depreciation of the property that was based on a latent defect of the property which existed but was not readily discernible by inspection on January 1, but not depreciation resulting from any other cause. (b) The material mistake of fact may be corrected by the property appraiser, in the same like manner as provided by law for performing the act in the first place only within year after the approval of the tax roll pursuant to s. 193.1142.If,and, when so corrected, the tax roll act becomes valid ab initio and does not affect in no way affects any process by law for the enforcement of the collection of the any tax. If the such a correction results in a refund of taxes paid on the basis of an erroneous assessment included contained on the current year's tax roll for years beginning January 1, 1999, or later,the property appraiser,at his or her option, may request that the department to pass upon the refund request pursuant to s. 197.182 or may submit the correction and refund order directly to the tax collector for action in accordance with the notice provisions of s. 197.182(2). Corrections to tax rolls for previous prior years which would result in refunds must be made pursuant to s. 197.182. Section 4. Section 197.123, Florida Statutes, is amended to read: 197.123 Correcting Erroneous returns;notification of property appraiser.-If a any tax collector has reason to believe that a any taxpayer has filed an erroneous or incomplete statement of her or his personal property or has not disclosed returned the full amount of all of her or his property subject to taxation, the collector must shall notify the property appraiser of the erroneous or incomplete statement. Section 5. Section 197.146, Florida Statutes, is created to read: 197.146 Uncollectable personal property taxes; correction of tax roll.-A tax collector who determines that a tangible personal property account is uncollectable may issue a certificate of correction for the current tax roll and any prior tax rolls. The tax collector shall notify the property appraiser that the account is invalid, and the assessment may not be certified for a future tax roll. An uncollectable account includes, but is not limited to, an account on property that was originally assessed but cannot be found to seize and sell for the payment of taxes and includes other personal property of the owner as identified pursuant to s. 197.413(8) and (9). Section 6. Section 197.162, Florida Statutes, is amended to read: 197.162 Tax discount payment periods Discounts; amount and time.-(1) For On all taxes assessed on the county tax rolls and collected by the county tax collector, discounts for payments made before delinquency early payment thereof shall be at the rate of percent in the month of November or at any time within 30 days after the sending mailing of the original tax notice; percent in the following month of December; percent in the following month of January; percent in the following month of February; and zero percent in the following month of March or within days before prior to the date of delinquency if the date of delinquency is after April 1. (2) If When a taxpayer makes a request to have the original tax notice corrected, the discount rate for early payment applicable at the time of the request for correction is made applies shall apply for days after the sending mailing of the corrected tax notice. (3) A discount rate shall apply at the rate of percent applies for days after the sending mailing of a tax notice resulting from the action of a value adjustment board. Thereafter, the regular discount periods shall apply. (4) If the For the purposes of this section, when a discount period ends on a Saturday, Sunday, or legal holiday, the discount period,including the zero percent period, extends shall be extended to the next working day, if payment is delivered to the a designated collection office of the tax collector. Section 7. Subsections (2) and (4) of section 197.172, Florida Statutes, are amended to read: 197.172 Interest rate; calculation and minimum.-(2) The maximum rate of interest on a tax certificate is shall be percent per year.; However, a tax certificate may shall not bear interest and nor shall the mandatory interest charge as provided by s. 197.472(2) may not be levied during the 60-day period following of time from the date of delinquency, except for the percent mandatory interest charged charge under subsection (1). No tax certificate sold before March 23, 1992, shall bear interest nor shall the mandatory charge as provided by s. 197.472(2) be levied in excess of the interest or charge provided herein, except as to those tax certificates upon which the mandatory charge as provided by s. 197.472(2) shall have been collected and paid. (4) Interest shall be calculated Except as provided in s. 197.262 with regard to deferred payment tax certificates, interest to be accrued pursuant to this chapter shall be calculated monthly from the first day of each month. Section 8. Subsections (1), (2), and (3) of section 197.182, Florida Statutes, are amended to read: 197.182 Department of Revenue to pass upon and order refunds.-(1)(a) Except as provided in paragraphs paragraph (b), (c), and (d), the department shall pass upon and order refunds if when payment of taxes assessed on the county tax rolls has been made voluntarily or involuntarily under any of the following circumstances: 1. When An overpayment has been made. 2. When A payment has been made when no tax was due. 3. When A bona fide controversy exists between the tax collector and the taxpayer as to the liability of the taxpayer for the payment of the tax claimed to be due, the taxpayer pays the amount claimed by the tax collector to be due, and it is finally adjudged by a court of competent jurisdiction that the taxpayer was not liable for the payment of the tax or any part thereof. 4. When A payment for a delinquent tax has been made in error by a taxpayer to the tax collector and,if, within months after of the date of the erroneous payment and before prior to any transfer of the assessed property to a third party for consideration, the party seeking a refund makes demand for reimbursement of the erroneous payment upon the owner of the property on which the taxes were erroneously paid and reimbursement of the erroneous payment is not received within days after such demand. The demand for reimbursement must shall be sent by certified mail, return receipt requested, and a copy of the demand must thereof shall be sent to the tax collector. If the payment was made in error by the taxpayer because of an error in the tax notice sent to the taxpayer, refund must be made as provided in paragraph (d) subparagraph (b)2.5. A payment for a tax that has not become delinquent, has been made in error by a taxpayer to the tax collector and within 18 months after the date of the erroneous payment and before any transfer of the assessed property to a third party for consideration, the party seeking a refund makes a demand for reimbursement of the erroneous payment upon the owner of the property on which the taxes were erroneously paid, and reimbursement of the erroneous payment is not received within days after such demand. The demand for reimbursement must be sent by certified mail, return receipt requested, and a copy of the demand must be sent to the tax collector. If the payment was made in error by the taxpayer because of an error in the tax notice sent to the taxpayer, refund must be made as provided in paragraph (d). 6. 5. A When any payment is has been made for a tax certificate certificates that is are subsequently corrected or amended or is are subsequently determined to be void under s. 197.443. (b) 1. Those Refunds that have been ordered by a court and those refunds that do not result from changes made in the assessed value on a tax roll certified to the tax collector shall be made directly by the tax collector without order from the department and shall be made from undistributed funds without approval of the various taxing authorities. (c) Overpayments in the amount of $10 $5 or less may be retained by the tax collector unless a written claim for a refund is received from the taxpayer. Overpayments of more than $10 over $5 resulting from taxpayer error, if identified determined within the 4-year period of limitation, shall are to be automatically refunded to the taxpayer. Such refunds do not require approval from the department. (d) 2. If When a payment has been made in error by a taxpayer to the tax collector because of an error in the tax notice sent to the taxpayer, refund must be made directly by the tax collector and does not require approval from the department. At the request of the taxpayer, the amount paid in error may be applied by the tax collector to the taxes for which the taxpayer is actually liable. (e) (c) Claims for refunds must shall be made pursuant to in accordance with the rules of the department. A No refund may not shall be granted unless a claim for the refund is made therefor within years after of January of the tax year for which the taxes were paid. (f) (d) Upon receipt of the department's written denial of a the refund, the tax collector shall issue the denial in writing to the taxpayer. (g) (e) If funds are available from current receipts and, subject to subsection (3) and,if a refund is approved, the taxpayer shall is entitled to receive a refund within days after a claim for refund is made, unless the tax collector, property appraiser, or department states good cause for remitting the refund after that date. The time periods times stated in this paragraph and paragraphs (i) (f) through (l) (j) are directory and may be extended by a maximum of an additional 60 days if good cause is stated. (h) (f) If the taxpayer contacts the property appraiser first, the property appraiser shall refer the taxpayer to the tax collector. (i) (g) If a correction to the roll by the property appraiser is required as a condition for the refund, the tax collector shall, within days, advise the property appraiser of the taxpayer's application for a refund and forward the application to the property appraiser. (j) (h) The property appraiser has days after receipt of the form from the tax collector to correct the roll if a correction is permissible by law. Within After the 30-day period 30 days,the property appraiser shall immediately advise the tax collector in writing of whether or not the roll has been corrected and state,stating the reasons why the roll was corrected or not corrected. (k) (i) If the refund requires is not one that can be directly acted upon by the tax collector, for which an order from the department is required,the tax collector shall forward the claim for refund to the department upon receipt of the correction from the property appraiser or days after the claim for refund, whichever occurs first. This provision does not apply to corrections resulting in refunds of less than $2,500 $400,which the tax collector shall make directly,without order from the department,and from undistributed funds,and may make without approval of the various taxing authorities. (l) (j) The department shall approve or deny a claim for a refund all refunds within days after receiving the from the tax collector the claim from the tax collector for refund,unless good cause is stated for delaying the approval or denial beyond that date. (m) (k) Subject to and after meeting the requirements of s. 194.171 and this section, an action to contest a denial of refund must may not be brought within later than days after the date the tax collector sends issues the denial to the taxpayer,which notice must be sent by certified mail, or years after January of the year for which the taxes were paid, whichever is later.The tax collector may send notice of the denial electronically or by postal mail. Electronic transmission may be used only with the express consent of the property owner. If the notice of denial is sent electronically and is returned as undeliverable, a second notice must be sent. However, the original electronic transmission is the official mailing for purpose of this section. (n) (l) In computing any time period under this section, if when the last day of the period is a Saturday, Sunday, or legal holiday, the period is to be extended to the next working day. (2) (a) If When the department orders a refund, the department it shall forward a copy of its order to the tax collector who shall then determine the pro rata share due by each taxing authority. The tax collector shall make the refund from undistributed funds held for that taxing authority and shall identify such refund as a reduction in the next distribution. If the undistributed funds are not sufficient for the refund, the tax collector shall notify the taxing authority of the shortfall. The taxing authority shall: and certify to the county, the district school board, each municipality, and the governing body of each taxing district, their pro rata shares of such refund, the reason for the refund, and the date the refund was ordered by the department. (b) The board of county commissioners, the district school board, each municipality, and the governing body of each taxing district shall comply with the order of the department in the following manner: 1. Authorize the tax collector to make refund from undistributed funds held for that taxing authority by the tax collector; (a) 2. Authorize the tax collector to make refund and forward to the tax collector its pro rata share of the refund from currently budgeted funds, if available; or (b) 3. Notify the tax collector that the taxing authority does not have funds currently available and provide for the payment of the refund in its budget for the next ensuing year funds for the payment of the refund.(3) A refund ordered by the department pursuant to this section shall be made by the tax collector in one aggregate amount composed of all the pro rata shares of the several taxing authorities concerned, except that a partial refund is allowed if when one or more of the taxing authorities concerned do not have funds currently available to pay their pro rata shares of the refund and this would cause an unreasonable delay in the total refund. A statement by the tax collector explaining the refund shall accompany the refund payment. If When taxes become delinquent as a result of a refund pursuant to subparagraph (1)(a)5. subparagraph (1)(a)4. or paragraph (1)(d) subparagraph (1)(b)2.,the tax collector shall notify the property owner that the taxes have become delinquent and that a tax certificate will be sold if the taxes are not paid within days after the date of delinquency. Section 9. Subsections (1), (3), and (5) of section 197.222, Florida Statutes, are amended to read: 197.222 Prepayment of estimated tax by installment method.-(1) Taxes collected pursuant to this chapter may be prepaid in installments as provided in this section. A taxpayer may elect to prepay by installments for each tax notice for with taxes estimated to be more than $100. A taxpayer who elects to prepay taxes shall make payments based upon an estimated tax equal to the actual taxes levied upon the subject property in the prior year. In order to prepay by installments, the Such taxpayer must shall complete and file an application for each tax notice to prepay such taxes by installment with the tax collector on or before April prior to May of the year in which the taxpayer elects to prepay the taxes in installments pursuant to this section.The application shall be made on forms supplied by the department and provided to the taxpayer by the tax collector. After submission of an initial application, a taxpayer is shall not be required to submit additional annual applications as long as he or she continues to elect to prepay taxes in installments pursuant to this section.However, if in any year the taxpayer does not so elect, reapplication is shall be required for a subsequent election to do so.Installment payments shall be made according to the following schedule: (a) The first payment of one-quarter of the total amount of estimated taxes due must shall be made by not later than June 30 of the year in which the taxes are assessed. A percent 6-percent discount applied against the amount of the installment shall be granted for such payment. The tax collector may accept a late payment of the first installment through July 31, and the under this paragraph within days after June 30; such late payment must be accompanied by a penalty of percent of the amount of the installment due. (b) The second payment of one-quarter of the total amount of estimated taxes must due shall be made by not later than September of the year in which the taxes are assessed. A 4.5 percent 4.5-percent discount applied against the amount of the installment shall be granted for such payment. (c) The third payment of one-quarter of the total amount of estimated taxes due, plus one-half of any adjustment made pursuant to a determination of actual tax liability, must shall be made by not later than December of the year in which taxes are assessed. A percent 3-percent discount applied against the amount of the installment shall be granted for such payment. (d) The fourth payment of one-quarter of the total amount of estimated taxes due, plus one-half of any adjustment made pursuant to a determination of actual tax liability, must shall be made by not later than March following the year in which taxes are assessed. A No discount may not shall be granted for such payment. (e) If For purposes of this section, when an installment due date falls on a Saturday, Sunday, or legal holiday, the due date for the installment is shall be the next working day, if the installment payment is delivered to a designated collection office of the tax collector. Taxpayers making such payment shall be entitled to the applicable discount rate authorized in this section. (3) Upon receiving a taxpayer's application for participation in the prepayment installment plan, and the tax collector shall mail to the taxpayer a statement of the taxpayer's estimated tax liability which shall be equal to the actual taxes levied on the subject property in the preceding year; such statement shall indicate the amount of each quarterly installment after application of the discount rates provided in this section, and a payment schedule, based upon the schedule provided in this section and furnished by the department. for those taxpayers who participated in the prepayment installment plan for the previous year and who are not required to reapply, the tax collector shall send a quarterly tax notice with the discount rates provided in this section according to the payment schedule provided by the department the statement shall be mailed by June.During the first month that the tax roll is open for payment of taxes, the tax collector shall mail to the taxpayer a statement which shows the amount of the remaining installment payments to be made after application of the discount rates provided in this section. The postage or cost of electronic mailing shall be paid out of the general fund of the county, upon statement of the costs thereof by the tax collector. (5) Notice of the right to prepay taxes pursuant to this section shall be provided with the notice of taxes. The Such notice shall inform the taxpayer of the right to prepay taxes in installments,and that application forms can be obtained from the tax collector, and shall state that reapplication is not necessary if the taxpayer participated in the prepayment installment plan for the previous year. The application forms shall be provided by the department and shall be mailed by the tax collector to those taxpayers requesting an application. Section 10. Subsections (3) and (9) of section 197.2301, Florida Statutes, are amended to read: 197.2301 Payment of taxes prior to certified roll procedure.-(3) Immediately upon receipt of the property appraiser's certification under subsection (2),the tax collector shall publish a notice cause to be published in a newspaper of general circulation in the county and shall prominently post at the courthouse door a notice that the tax roll will not be certified for collection before prior to January and that payments of estimated taxes may be made will be allowed by those taxpayers who submit tender payment to the collector on or before December 31. (9) After the discount has been applied to the estimated taxes paid and it is determined that an underpayment or overpayment has occurred,the following shall apply:(a) If the amount of underpayment or overpayment is $10 $5 or less, then no additional billing or refund is required except as determined by the tax collector.(b) If the amount of overpayment is more than $10 $5,the tax collector shall immediately refund to the person who paid the estimated tax the amount of overpayment. Department of Revenue approval is shall not be required for the refund of overpayment made pursuant to this subsection.Section 11. Section 197.2421, Florida Statutes, is created to read: 197.2421 Property tax deferral.-(1) If a property owner applies for a property tax deferral and meets the criteria established in this chapter, the tax collector shall approve the deferral of the ad valorem taxes and non-ad valorem assessments. (2) Authorized property tax deferral programs are: (a) Homestead tax deferral. (b) Recreational and commercial working waterfront deferral. (c) Affordable rental housing deferral. (3) Ad valorem taxes, non-ad valorem assessments, and interest deferred pursuant to this chapter constitute a priority lien and attach to the property in the same manner as other tax liens. Deferred taxes, assessments, and interest, however, are due, payable, and delinquent as provided in this chapter. Section 12. Section 197.2423, Florida Statutes, is created to read: 197.2423 Application for property tax deferral; determination of approval or denial by tax collector.-(1) A property owner is responsible for submitting an annual application for tax deferral with the county tax collector on or before March following the year in which the taxes and non-ad valorem assessments are assessed. (2) Each applicant shall demonstrate compliance with the requirements for tax deferral. (3) The application for deferral shall be made upon a form prescribed by the department and provided by the tax collector. The tax collector may require the applicant to submit other evidence and documentation deemed necessary in considering the application. The application form shall advise the applicant: (a) Of the manner in which interest is computed. (b) Of the conditions that must be met to qualify for approval. (c) Of the conditions under which deferred taxes, assessments, and interest become due, payable, and delinquent. (d) That all tax deferrals pursuant to this section constitute a priority tax lien on the applicant's property. (4) Each application shall include a list of all outstanding liens on the property and the current value of each lien. (5) Each applicant shall furnish proof of fire and extended coverage insurance in an amount at least equal to the total of all outstanding liens, including a lien for deferred taxes, non-ad valorem assessments, and interest, with a loss payable clause to the tax collector. (6) The tax collector shall consider each annual application for a tax deferral within days after the application is filed or as soon as practicable thereafter. The tax collector shall exercise reasonable discretion based upon applicable information available under this section. A tax collector who finds that the applicant is entitled to the tax deferral shall approve the application and maintain the deferral records until the tax lien is satisfied. (7) For approved deferrals, the date of receipt by the tax collector of the application for tax deferral shall be used in calculating taxes due and payable net of discounts for early payment as provided in s. 197.162. (8) The tax collector shall notify the property appraiser in writing of those parcels for which taxes have been deferred. (9) A tax deferral may not be granted if: (a) The total amount of deferred taxes, non-ad valorem assessments, and interest, plus the total amount of all other unsatisfied liens on the property, exceeds percent of the just value of the property; or (b) The primary mortgage financing on the property is for an amount that exceeds percent of the just value of the property. (10) A tax collector who finds that the applicant is not entitled to the deferral shall send a notice of disapproval within days after the date the application is filed, citing the reason for disapproval. The original notice of disapproval shall be sent to the applicant and shall advise the applicant of the right to appeal the decision to the value adjustment board and shall inform the applicant of the procedure for filing such an appeal. Section 13. Section 197.253, Florida Statutes, is transferred, renumbered as section 197.2425, Florida Statutes, and amended to read: 197.2425 197.253 Appeal of denied Homestead tax deferral;application.-An appeal of a denied tax deferral must be made by the property owner (1) The application for deferral shall be made upon a form prescribed by the department and furnished by the county tax collector. The application form shall be signed upon oath by the applicant before an officer authorized by the state to administer oaths. The tax collector may, in his or her discretion, require the applicant to submit such other evidence and documentation as deemed necessary by the tax collector in considering the application. The application form shall advise the applicant of the manner in which interest is computed. Each application form shall contain an explanation of the conditions to be met for approval and the conditions under which deferred taxes and interest become due, payable, and delinquent. Each application shall clearly state that all deferrals pursuant to this act shall constitute a lien on the applicant's homestead. (2)(a) The tax collector shall consider each annual application for homestead tax deferral within days of the day the application is filed or as soon as practicable thereafter. A tax collector who finds that the applicant is entitled to the tax deferral shall approve the application and file the application in the permanent records. A tax collector who finds the applicant is not entitled to the deferral shall send a notice of disapproval within days of the filing of the application, giving reasons therefor to the applicant, either by personal delivery or by registered mail to the mailing address given by the applicant and shall make return in the manner in which such notice was served upon the applicant upon the original notice thereof and file among the permanent records of the tax collector's office. The original notice of disapproval sent to the applicant shall advise the applicant of the right to appeal the decision of the tax collector to the value adjustment board and shall inform the applicant of the procedure for filing such an appeal. (b) Appeals of the decision of the tax collector to the value adjustment board shall be in writing on a form prescribed by the department and furnished by the tax collector. The Such appeal must shall be filed with the value adjustment board within days after the mailing applicant's receipt of the notice of disapproval. The value adjustment board shall review the application and the evidence presented to the tax collector upon which the applicant based his or her claim for tax deferral and, at the election of the applicant, must shall hear the applicant in person, or by agent on the applicant's behalf, on his or her right to homestead tax deferral. The value adjustment board shall reverse the decision of the tax collector and grant a homestead tax deferral to the applicant,if in its judgment the applicant is entitled to the tax deferral thereto,or must affirm the decision of the tax collector. An Such action by of the value adjustment board is shall be final unless the applicant or tax collector files a de novo proceeding for a declaratory judgment or other appropriate proceeding in the circuit court of the county in which the property is located or other lienholder, within days after from the date of the decision disapproval of the application by the board, files in the circuit court of the county in which the property is located, a proceeding for a declaratory judgment or other appropriate proceeding.(3) Each application shall contain a list of, and the current value of, all outstanding liens on the applicant's homestead. (4) For approved applications, the date of receipt by the tax collector of the application for tax deferral shall be used in calculating taxes due and payable net of discounts for early payment as provided for by s. 197.162. (5) If such proof has not been furnished with a prior application, each applicant shall furnish proof of fire and extended coverage insurance in an amount which is in excess of the sum of all outstanding liens and deferred taxes and interest with a loss payable clause to the county tax collector. (6) The tax collector shall notify the property appraiser in writing of those parcels for which taxes have been deferred. (7) The property appraiser shall promptly notify the tax collector of denials of homestead application and changes in ownership of properties that have been granted a tax deferral. Section 14. Section 197.243, Florida Statutes, is amended to read: 197.243 Definitions relating to homestead property tax deferral Act.-(1) "Household" means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. (2) "Income" means the "adjusted gross income," as defined in s. of the United States Internal Revenue Code, of all members of a household. Section 15. Section 197.252, Florida Statutes, is amended to read: 197.252 Homestead tax deferral.-(1) Any person who is entitled to claim homestead tax exemption under the provisions of s. 196.031(1) may apply elect to defer payment of a portion of the combined total of the ad valorem taxes,and any non-ad valorem assessments,and interest accumulated on a tax certificate which would be covered by a tax certificate sold under this chapter levied on that person's homestead by filing an annual application for tax deferral with the county tax collector on or before January following the year in which the taxes and non-ad valorem assessments are assessed.Any applicant who is entitled to receive the homestead tax exemption but has waived it for any reason shall furnish,with the application for tax deferral, a certificate of eligibility to receive the exemption. Such certificate shall be prepared by the county property appraiser upon request of the taxpayer. It shall be the burden of each applicant to affirmatively demonstrate compliance with the requirements of this section. (2)(a) Approval of an application for homestead tax deferral shall defer that portion of the combined total of ad valorem taxes and any non-ad valorem assessments:1. Which would be covered by a tax certificate sold under this chapter otherwise due and payable on the applicant's homestead pursuant to s. 197.333 which exceeds percent of the applicant's household household's income for the prior calendar year if the applicant is younger than years old; 2. Which exceeds percent of the applicant's household income for the prior calendar year if the applicant is years old or older; or 3. In its entirety if the applicant's household income: a. For the previous calendar year is less than $10,000; or b. Is less than the designated amount for the additional homestead exemption under s. 196.075 and the applicant is years old or older.If any such applicant's household income for the prior calendar year is less than $10,000, approval of such application shall defer such ad valorem taxes plus non-ad valorem assessments in their entirety. (b) If the applicant is years of age or older, approval of the application shall defer that portion of the ad valorem taxes plus non-ad valorem assessments which exceeds percent of the applicant's household income for the prior calendar year. If any applicant's household income for the prior calendar year is less than $10,000, or is less than the amount of the household income designated for the additional homestead exemption pursuant to s. 196.075, and the applicant is years of age or older, approval of the application shall defer the ad valorem taxes plus non-ad valorem assessments in their entirety. (b) (c) The household income of an applicant who applies for a tax deferral before the end of the calendar year in which the taxes and non-ad valorem assessments are assessed shall be for the current year, adjusted to reflect estimated income for the full calendar year period. The estimate of a full year's household income shall be made by multiplying the household income received to the date of application by a fraction, the numerator being and the denominator being the number of days expired in the calendar year to the date of application. (3) The property appraiser shall promptly notify the tax collector if there is a change in ownership or the homestead exemption has been denied on property that has been granted a tax deferral. No tax deferral shall be granted: (a) If the total amount of deferred taxes, non-ad valorem assessments, and interest plus the total amount of all other unsatisfied liens on the homestead exceeds percent of the assessed value of the homestead, or (b) If the primary mortgage financing on the homestead is for an amount which exceeds percent of the assessed value of the homestead. (4) The amount of taxes, non-ad valorem assessments, and interest deferred under this act shall accrue interest at a rate equal to the semiannually compounded rate of one-half of percent plus the average yield to maturity of the long-term fixed-income portion of the Florida Retirement System investments as of the end of the quarter preceding the date of the sale of the deferred payment tax certificates; however, the interest rate may not exceed percent. (5) The taxes, non-ad valorem assessments, and interest deferred pursuant to this act shall constitute a prior lien and shall attach as of the date and in the same manner and be collected as other liens for taxes, as provided for under this chapter, but such deferred taxes, non-ad valorem assessments, and interest shall only be due, payable, and delinquent as provided in this act. Section 16. Section 197.303, Florida Statutes, is transferred, renumbered as section 197.2524, Florida Statutes, and amended to read: 197.2524 197.303 Ad valorem Tax deferral for recreational and commercial working waterfront properties and affordable rental housing property.-(1) This section applies to: The board of county commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow for ad valorem tax deferrals for (a) Recreational and commercial working waterfront properties if the owners are engaging in the operation, rehabilitation, or renovation of such properties in accordance with guidelines established in this section. (b) Affordable rental housing, if the owners are engaging in the operation, rehabilitation, or renovation of such properties in accordance with the guidelines provided in part VI of chapter 420. (2) The board of county commissioners of any county or the governing authority of a the municipality may adopt an by ordinance to may authorize the deferral of ad valorem taxes taxation and non-ad valorem assessments for recreational and commercial working waterfront properties described in subsection (1).(3) The ordinance shall designate the percentage or amount of the deferral and the type and location of the working waterfront property and,including the type of public lodging establishments, for which deferrals may be granted, which may include any property meeting the provisions of s. 342.07(2), which property may require the property be further required to be located within a particular geographic area or areas of the county or municipality. For property defined in s. 342.07(2) as "recreational and commercial working waterfront," the ordinance may specify the type of public lodging establishments that qualify. (4) The ordinance must specify that such deferrals apply only to taxes or assessments levied by the unit of government granting the deferral. However, a deferral may not be granted for the deferrals do not apply, however, to taxes or non-ad valorem assessments defined in s. 197.3632(1)(d) levied for the payment of bonds or for to taxes authorized by a vote of the electors pursuant to s. 9(b) or s. 12, Art. VII of the State Constitution. (5) The ordinance must specify that any deferral granted remains in effect regardless of any change in the authority of the county or municipality to grant the deferral. In order to retain the deferral, however, the use and ownership of the property as a working waterfront must remain as it was when the deferral was granted for be maintained over the period in for which the deferral remains is granted.(6)(a) If an application for deferral is granted on property that is located in a community redevelopment area, the amount of taxes eligible for deferral is limited shall be reduced,as provided for in paragraph (b), if: 1. The community redevelopment agency has previously issued instruments of indebtedness that are secured by increment revenues on deposit in the community redevelopment trust fund; and 2. Those instruments of indebtedness are associated with the real property applying for the deferral. (b) If the provisions of paragraph (a) applies apply,the tax deferral applies only shall not apply to the an amount of taxes in excess of equal to the amount that must be deposited into the community redevelopment trust fund by the entity granting the deferral based upon the taxable value of the property upon which the deferral is being granted. Once all instruments of indebtedness that existed at the time the deferral was originally granted are no longer outstanding or have otherwise been defeased, the provisions of this paragraph shall no longer applies apply.(c) If a portion of the taxes on a property were not eligible for deferral under because of the provisions of paragraph (b), the community redevelopment agency shall notify the property owner and the tax collector year before the debt instruments that prevented the said taxes from being deferred are no longer outstanding or otherwise defeased. (d) The tax collector shall notify a community redevelopment agency of any tax deferral that has been granted on property located within the community redevelopment area of that agency. (e) Issuance of a debt obligation after the date a deferral has been granted does shall not reduce the amount of taxes eligible for deferral. Section 17. Section 197.3071, Florida Statutes, is transferred, renumbered as section 197.2526, Florida Statutes, and amended to read: 197.2526 197.3071 Eligibility for tax deferral for affordable rental housing property.-The tax deferral authorized by s. 197.2524 applies this section is applicable only on a pro rata basis to the ad valorem taxes levied on residential units within a property which meet the following conditions: (1) Units for which the monthly rent along with taxes, insurance, and utilities does not exceed percent of the median adjusted gross annual income as defined in s. 420.0004 for the households described in subsection (2). (2) Units that are occupied by extremely-low-income persons, very-low-income persons, low-income persons, or moderate-income persons as these terms are defined in s. 420.0004. Section 18. Section 197.254, Florida Statutes, is amended to read: 197.254 Annual notification to taxpayer.-(1) The tax collector shall notify the taxpayer of each parcel appearing on the real property assessment roll of the right to defer payment of taxes and non-ad valorem assessments and interest on homestead property pursuant to s. 197.252. pursuant to ss. 197.242-197.312. Such notice shall be printed on the back of envelopes used for mailing the notice of taxes provided for by s. 197.322(3). Such notice of the right to defer payment of taxes and non-ad valorem assessments shall read: 972 NOTICE TO TAXPAYERS ENTITLED TO HOMESTEAD EXEMPTION 975 "If your income is low enough to meet certain conditions, you may qualify for a deferred tax payment plan on homestead property. An application to determine eligibility is available in the county tax collector's office." (2) On or before November of each year, the tax collector shall notify each taxpayer to whom a tax deferral has been previously granted of the accumulated sum of deferred taxes, non-ad valorem assessments, and interest outstanding. Section 19. Section 197.262, Florida Statutes, is amended to read: 197.262 Deferred payment tax certificates.-(1) The tax collector shall notify each local governing body of the amount of taxes and non-ad valorem assessments deferred which would otherwise have been collected for such governing body. The county shall then, At a the time of the tax certificate sale held pursuant to s. 197.432,the tax collector shall strike to the county each certificate on property for which taxes have been deferred off to the county.Certificates issued pursuant to this section are exempt from the public sale of tax certificates held pursuant to s. 197.432 or s. 197.4725.(2) The certificates so held by the county shall bear interest at a rate equal to the semiannually compounded rate of 0.5 percent plus the average yield to maturity of the long-term fixed-income portion of the Florida Retirement System investments as of the end of the quarter preceding the date of 1000 the sale of the deferred payment tax certificates.; However, the 1001 interest rate may not exceed 9.5 percent. 1002 Section 20. Section 197.263, Florida Statutes, is amended 1003 to read: 1004 197.263 Change in ownership or use of property.-1005 (1) If In the event that there is a change in use or 1006 ownership of tax-deferred property such that the owner is no 1007 longer eligible for the tax deferral granted entitled to claim 1008 homestead exemption for such property pursuant to s. 196.031(1),1009 or the owner such person fails to maintain the required fire and 1010 extended insurance coverage, the total amount of deferred taxes 1011 and interest for all previous years is shall be due and payable 1012 November of the year in which the change in use occurs or on 1013 the date failure to maintain insurance occurs.Payment is and 1014 shall be delinquent on April of the year following the year in 1015 which the change in use or failure to maintain insurance occurs. 1016 However, if the change in ownership is to a surviving spouse and 1017 the spouse is eligible to maintain the tax deferral on such 1018 property, the surviving spouse may continue the deferment of 1019 previously deferred taxes and interest pursuant to this chapter. 1020 (2) In the event that there is a change in ownership of 1021 tax-deferred property, the total amount of deferred taxes and 1022 interest for all previous years shall be due and payable on the 1023 date the change in ownership takes place and shall be delinquent 1024 on April following said date. When, however, the change in 1025 ownership is to a surviving spouse and such spouse is eligible 1026 to claim homestead exemption on such property pursuant to s. 1027 196.031(1), such surviving spouse may continue the deferment of 1028 previously deferred taxes and interest pursuant to the 1029 provisions of this act. 1030 (2) (3) Whenever the property appraiser discovers that 1031 there has been a change in the ownership or use of property that 1032 which has been granted a tax deferral, the property appraiser 1033 shall notify the tax collector in writing of the date such 1034 change occurs, and the tax collector shall collect any taxes,1035 assessments, and interest due or delinquent.1036 (3) (4) During any year in which the total amount of 1037 deferred taxes, interest, assessments, and all other unsatisfied 1038 liens on the homestead exceeds percent of the just assessed 1039 value of the homestead, the tax collector shall immediately 1040 notify the owner of the property on which taxes and interest 1041 have been deferred that the portion of taxes,and interest,and 1042 assessments which exceeds percent of the just assessed value 1043 of the homestead is shall be due and payable within days 1044 after of receipt of the notice is sent.Failure to pay the 1045 amount due causes shall cause the total amount of deferred 1046 taxes,and interest,and assessments to become delinquent. 1047 (4) (5) Each year, upon notification, each owner of 1048 property on which taxes,and interest,and assessments have been 1049 deferred shall submit to the tax collector a list of, and the 1050 current value of, all outstanding liens on the owner's 1051 homestead. Failure to respond to this notification within 1052 days causes shall cause the total amount of deferred taxes,and 1053 interest,and assessments to become payable within days. 1054 (5) (6) If In the event deferred taxes,interest, and 1055 assessments become delinquent under this chapter, then on or 1056 before June following the date the taxes become delinquent,1057 the tax collector shall sell a tax certificate for the 1058 delinquent taxes,and interest,and assessments in the manner 1059 provided by s. 197.432. 1060 Section 21. Section 197.272, Florida Statutes, is amended 1061 to read: 1062 197.272 Prepayment of deferred taxes.-1063 (1) All or part of the deferred taxes and accrued interest 1064 may at any time be paid to the tax collector.by: 1065 (a) The owner of the property or the spouse of the owner. 1066 (b) The next of kin of the owner, heir of the owner, child 1067 of the owner, or any person having or claiming a legal or 1068 equitable interest in the property, provided no objection is 1069 made by the owner within days after the tax collector 1070 notifies the owner of the fact that such payment has been 1071 tendered. 1072 (2) Any partial payment that is less than the total amount 1073 due must be equal to the amount of the deferred taxes, interest, 1074 and assessments, and the payment must be for or more full 1075 years made pursuant to this section shall be applied first to 1076 accrued interest.1077 Section 22. Section 197.282, Florida Statutes, is amended 1078 to read: 1079 197.282 Distribution of payments.-When any deferred taxes,1080 assessments, or interest is collected, the tax collector shall 1081 maintain a record of the payment,setting forth a description of 1082 the property and the amount of taxes or interest collected for 1083 such property.The tax collector shall distribute payments 1084 received in accordance with the procedures for distribution of 1085 ad valorem taxes,non-ad valorem assessments, or redemption 1086 moneys as prescribed in this chapter. 1087 Section 23. Section 197.292, Florida Statutes, is amended 1088 to read: 1089 197.292 Construction.-Nothing in This chapter does not: 1090 act shall be construed to prevent 1091 (1) Prohibit the collection of personal property taxes 1092 that which become a lien against tax-deferred property;, 1093 (2) Defer payment of special assessments to benefited 1094 property other than those specifically allowed to be deferred;, 1095 or 1096 (3) Affect any provision of any mortgage or other 1097 instrument relating to property requiring a person to pay ad 1098 valorem taxes or non-ad valorem assessments. 1099 Section 24. Section 197.301, Florida Statutes, is amended 1100 to read: 1101 197.301 Penalties.-1102 (1) The following penalties shall be imposed on any person 1103 who willfully files incorrect information for a tax deferral 1104 required under s. 197.252 or s. 197.263 which is incorrect:1105 (a) The Such person shall pay the total amount of deferred 1106 taxes and non-ad valorem assessments subject to collection 1107 pursuant to the uniform method of collection set forth in s. 1108 197.3632, and interest deferred,which amount shall immediately 1109 become due.; 1110 (b) The Such person shall be disqualified from filing a 1111 homestead tax deferral application for the next years.; and 1112 (c) The Such person shall pay a penalty of percent of 1113 the total amount of deferred taxes,non-ad valorem assessments 1114 subject to collection pursuant to the uniform method of 1115 collection set forth in s. 197.3632, and interest deferred.1116 (2) Any person against whom the penalties prescribed in 1117 this section have been imposed may appeal the penalties imposed 1118 to the value adjustment board within days after the said 1119 penalties are imposed. 1120 Section 25. Section 197.312, Florida Statutes, is amended 1121 to read: 1122 197.312 Payment by mortgagee.-If any mortgagee elects 1123 shall elect to pay the taxes when an applicant qualifies for tax 1124 deferral, then such election does shall not give the mortgagee 1125 the right to foreclose. 1126 Section 26. Section 197.322, Florida Statutes, is amended 1127 to read: 1128 197.322 Delivery of ad valorem tax and non-ad valorem 1129 assessment rolls; notice of taxes; publication and mail.-1130 (1) The property appraiser shall deliver to the tax 1131 collector the certified assessment roll along with his or her 1132 warrant and recapitulation sheet. 1133 (2) The tax collector shall on November 1, or as soon as 1134 the assessment roll is open for collection, publish a notice in 1135 a local newspaper that the tax roll is open for collection. 1136 (3) Within working days after receipt of the certified 1137 ad valorem tax roll and the non-ad valorem assessment rolls, the 1138 tax collector shall send mail to each taxpayer appearing on such 1139 said rolls, whose post office address is known to him or her, a 1140 tax notice stating the amount of current taxes due,from the 1141 taxpayer and, if applicable, the fact that back taxes remain 1142 unpaid and advising the taxpayer of the discounts allowed for 1143 early payment,and that delinquent taxes are outstanding, if 1144 applicable.Pursuant to s. 197.3632, the form of the notice of 1145 non-ad valorem assessments and notice of ad valorem taxes shall 1146 be in the form specified as provided in s. 197.3635 and no other 1147 form shall be used,notwithstanding the provisions of s. 1148 195.022. The tax collector may send such notice electronically 1149 or by postal mail. Electronic transmission may be used only with 1150 the express consent of the property owner. Electronic 1151 transmission of tax notices may be sent earlier but may not be 1152 sent later than the postal mailing of the notices. If the notice 1153 of taxes is sent electronically and is returned as 1154 undeliverable, a second notice must be sent. However, the 1155 original electronic transmission used with the consent of the 1156 property owner is the official mailing for purpose of this 1157 section. A discount period may not be extended due to a tax bill 1158 being returned as undeliverable electronically or by postal 1159 mail. The postage for mailing or the cost of electronic 1160 transmission shall be paid out of the general fund of each local 1161 governing board, upon statement of the amount thereof by the tax 1162 collector. 1163 Section 27. Section 197.332, Florida Statutes, is amended 1164 to read: 1165 197.332 Duties of tax collectors;branch offices.-1166 (1) The tax collector has the authority and obligation to 1167 collect all taxes as shown on the tax roll by the date of 1168 delinquency or to collect delinquent taxes, interest, and costs, 1169 by sale of tax certificates on real property and by seizure and 1170 sale of personal property. In exercising their powers to 1171 contract, the tax collector may perform such duties by use of 1172 contracted services or products or by electronic means. The use 1173 of contracted services, products, or vendors does not diminish 1174 the responsibility or liability of the tax collector to perform 1175 such duties pursuant to law. The tax collector may shall be 1176 allowed to collect the cost of contracted services and 1177 reasonable attorney's fees and court costs in actions on 1178 proceedings to recover delinquent taxes, interest, and costs. 1179 (2) A county tax collector may establish one or more 1180 branch offices by acquiring title to real property or by lease 1181 agreement. The tax collector may hire staff and equip such 1182 branch offices to conduct state business, or, if authorized to 1183 do so by resolution of the county governing body, conduct county 1184 business pursuant to s. 1(k), Art. VIII of the State 1185 Constitution. The department shall rely on the tax collector's 1186 determination that a branch office is necessary and shall base 1187 its approval of the tax collector's budget in accordance with 1188 the procedures of s. 195.087(2). 1189 Section 28. Section 197.343, Florida Statutes, is amended 1190 to read: 1191 197.343 Tax notices; additional notice required.-1192 (1) An additional tax notice shall be sent, electronically 1193 or by postal mail, mailed by April to each taxpayer whose 1194 payment has not been received. Electronic transmission of the 1195 additional tax notice may be used only with the express consent 1196 of the property owner. If the electronic transmission is 1197 returned as undeliverable, a second notice must be sent. 1198 However, the original electronic transmission used with the 1199 consent of the property owner is the official notice for the 1200 purposes of this subsection. The notice shall include a 1201 description of the property and a statement that if the taxes 1202 are not paid: 1203 (a) For real property, a tax certificate may be sold; and 1204 (b) For tangible personal property, the property may be 1205 sold the following statement: If the taxes for...(year)... on 1206 your property are not paid in full, a tax certificate will be 1207 sold for the delinquent taxes, and your property may be sold at 1208 a future date. Contact the tax collector's office at once.1209 (2) A duplicate of the additional tax notice required by 1210 subsection (1) shall be mailed to a condominium unit owner's 1211 condominium association or to a mobile home owner's homeowners' 1212 association as defined in s. 723.075 if the association has 1213 filed with the tax collector a written request and included a 1214 description of the land. The tax collector is authorized to 1215 charge a reasonable fee for the cost of this service. 1216 (2) (3) When the taxes under s. 193.481 on subsurface 1217 rights have become delinquent and a tax certificate is to be 1218 sold under this chapter, a notice of the delinquency shall be 1219 sent given by first-class mail to the owner of the fee to which 1220 these subsurface rights are attached. The additional notice may 1221 be transmitted electronically only with the express consent of 1222 the fee owner. If the electronic transmission is returned as 1223 undeliverable, a second notice must be sent. However, the 1224 original electronic transmission used with the consent of the 1225 property owner is the official notice for the purposes of this 1226 subsection. On the day of the tax sale, the fee owner shall have 1227 the right to purchase the tax certificate at the maximum rate of 1228 interest provided by law before bids are accepted for the sale 1229 of such certificate. 1230 (3) (4) The tax collector shall send mail such additional 1231 notices as he or she considers proper and necessary or as may be 1232 required by reasonable rules of the department. An additional 1233 notice may be transmitted electronically only with the express 1234 consent of the property owner. If the notice of taxes is sent 1235 electronically and is returned as undeliverable, a second notice 1236 shall be sent. However, an original electronic transmission used 1237 with the consent of the property owner is the official mailing 1238 for purpose of this section. 1239 Section 29. Subsections (1) and (2) of section 197.344, 1240 Florida Statutes, are amended to read: 1241 197.344 Lienholders; receipt of notices and delinquent 1242 taxes.-1243 (1) When requested in writing, a tax notice shall be sent 1244 mailed according to the following procedures: 1245 (a) Upon request by any taxpayer who is aged years old 1246 or older over,the tax collector shall send mail the tax notice 1247 to a third party designated by the taxpayer. A duplicate copy of 1248 the notice shall be sent mailed to the taxpayer. 1249 (b) Upon request by a mortgagee stating that the mortgagee 1250 is the trustee of an escrow account for ad valorem taxes due on 1251 the property, the tax notice shall be sent mailed to such 1252 trustee. When the original tax notice is sent mailed to such 1253 trustee, the tax collector shall send mail a duplicate notice to 1254 the owner of the property with the additional statement that the 1255 original has been sent to the trustee. 1256 (c) Upon request by a vendee of an unrecorded or recorded 1257 contract for deed, the tax collector shall send mail a duplicate 1258 notice to such vendee. 1259 1260 The tax collector may establish cutoff dates, periods for 1261 updating the list, and any other reasonable requirements to 1262 ensure that the tax notices are sent mailed to the proper party 1263 on time. Notices shall be sent electronically or by postal mail. 1264 However, electronic transmission may be used only with the 1265 express consent of the person making the request. If the 1266 electronic transmission is returned as undeliverable, a second 1267 notice must be sent. However, the original electronic 1268 transmission used with the consent of the requester is the 1269 official notice for the purpose of this subsection. 1270 (2) On or before May of each year, the holder or 1271 mortgagee of an unsatisfied mortgage, lienholder, or vendee 1272 under a contract for deed, upon filing with the tax collector a 1273 description of property land so encumbered and paying a service 1274 charge of $2, may request and receive information concerning any 1275 delinquent taxes appearing on the current tax roll and 1276 certificates issued on the described property land.Upon receipt 1277 of such request, the tax collector shall furnish the following 1278 information within days following the tax certificate sale: 1279 (a) The description of property on which certificates were 1280 sold. 1281 (b) The number of each certificate issued and to whom. 1282 (c) The face amount of each certificate. 1283 (d) The cost for redemption of each certificate. 1284 Section 30. Section 197.3635, Florida Statutes, is amended 1285 to read: 1286 197.3635 Combined notice of ad valorem taxes and non-ad 1287 valorem assessments; requirements.-A form for the combined 1288 notice of ad valorem taxes and non-ad valorem assessments shall 1289 be produced and paid for by the tax collector. The form shall 1290 meet the requirements of this section and department rules and 1291 is shall be subject to approval by the department. By rule,the 1292 department shall provide a format for the form of such combined 1293 notice. The form shall meet the following requirements:1294 (1) It shall Contain the title "Notice of Ad Valorem Taxes 1295 and Non-ad Valorem Assessments." The form It shall also contain 1296 a receipt part that can be returned along with the payment to 1297 the tax collector. 1298 (2) It shall provide a clear partition between ad valorem 1299 taxes and non-ad valorem assessments. Such partition shall be a 1300 bold horizontal line approximately 1/8 inch thick. 1301 (2) (3) Within the ad valorem part, it shall Contain the 1302 heading "Ad Valorem Taxes." within the ad valorem part and 1303 Within the non-ad valorem assessment part, it shall contain the 1304 heading "Non-ad Valorem Assessments." within the non-ad valorem 1305 assessment part. 1306 (3) (4) It shall Contain the county name, the assessment 1307 year, the mailing address of the tax collector, the mailing 1308 address of one property owner, the legal description of the 1309 property to at least characters, and the unique parcel or tax 1310 identification number of the property. 1311 (4) (5) It shall Provide for the labeled disclosure of the 1312 total amount of combined levies and the total discounted amount 1313 due each month when paid in advance. 1314 (5) (6) It shall Provide a field or portion on the front of 1315 the notice for official use for data to reflect codes useful to 1316 the tax collector. 1317 (6) (7) Provide for the combined notice to shall be set in 1318 type that which is points or larger. 1319 (7) (8) The ad valorem part shall Contain within the ad 1320 valorem part the following:1321 (a) A schedule of the assessed value, exempted value, and 1322 taxable value of the property. 1323 (b) Subheadings for columns listing taxing authorities, 1324 corresponding millage rates expressed in dollars and cents per 1325 $1,000 of taxable value, and the associated tax. 1326 (c) A listing of taxing authorities listed in the same 1327 sequence and manner as listed on the notice required by s. 1328 200.069(4)(a), with the exception that independent special 1329 districts, municipal service taxing districts, and voted debt 1330 service millages for each taxing authority shall be listed 1331 separately. If a county has too many municipal service taxing 1332 units to list separately, it shall combine them to disclose the 1333 total number of such units and the amount of taxes levied. 1334 (8) (9) Contain within the non-ad valorem assessment part,1335 it shall contain the following:1336 (a) Subheadings for columns listing the levying 1337 authorities, corresponding assessment rates expressed in dollars 1338 and cents per unit of assessment, and the associated assessment 1339 amount. 1340 (b) The purpose of the assessment, if the purpose is not 1341 clearly indicated by the name of the levying authority. 1342 (c) A listing of the levying authorities in the same order 1343 as in the ad valorem part to the extent practicable. If a county 1344 has too many municipal service benefit units to list separately, 1345 it shall combine them by function. 1346 (9) (10) It shall Provide instructions and useful 1347 information to the taxpayer. Such information and instructions 1348 shall be nontechnical to minimize confusion. The information and 1349 instructions required by this section shall be provided by 1350 department rule and shall include: 1351 (a) Procedures to be followed when the property has been 1352 sold or conveyed. 1353 (b) Instruction as to mailing the remittance and receipt 1354 along with a brief disclosure of the availability of discounts. 1355 (c) Notification about delinquency and interest for 1356 delinquent payment. 1357 (d) Notification that failure to pay the amounts due will 1358 result in a tax certificate being issued against the property. 1359 (e) A brief statement outlining the responsibility of the 1360 tax collector, the property appraiser, and the taxing 1361 authorities. This statement shall be accompanied by directions 1362 as to which office to contact for particular questions or 1363 problems. 1364 Section 31. Subsections (2) and (4) of section 197.373, 1365 Florida Statutes, are amended to read: 1366 197.373 Payment of portion of taxes.-1367 (2) The request must be made at least days before 1368 prior to the tax certificate sale. 1369 (4) This section does not apply to assessments and 1370 collections relating to fee timeshare real property made 1371 pursuant to the provisions of s. 192.037. 1372 Section 32. Subsections (1) and (3) of section 197.402, 1373 Florida Statutes, are amended to read: 1374 197.402 Advertisement of real or personal property with 1375 delinquent taxes.-1376 (1) If Whenever legal advertisements are required, the 1377 board of county commissioners shall select the newspaper as 1378 provided in chapter 50. The office of the tax collector shall 1379 pay all newspaper charges, and the proportionate cost of the 1380 advertisements shall be added to the delinquent taxes when they 1381 are collected. 1382 (3) Except as provided in s. 197.432(4), on or before June 1383 or the 60th day after the date of delinquency, whichever is 1384 later, the tax collector shall advertise once each week for 1385 weeks and shall sell tax certificates on all real property 1386 having with delinquent taxes. If the deadline falls on a 1387 Saturday, Sunday, or legal holiday, it is extended to the next 1388 working day. The tax collector shall make a list of such 1389 properties in the same order in which the property was lands 1390 were assessed, specifying the amount due on each parcel, 1391 including interest at the rate of percent per year from the 1392 date of delinquency to the date of sale; the cost of 1393 advertising; and the expense of sale. For sales that commence on 1394 or after June 1, all certificates shall be issued effective as 1395 of the date of the first day of the sale and the interest to be 1396 paid to the certificateholder shall include the month of June. 1397 Section 33. Section 197.403, Florida Statutes, is amended 1398 to read: 1399 197.403 Publisher to furnish copy of advertisement to tax 1400 collector; Proof of publication;fees.-The newspaper publishing 1401 the notice of a tax sale shall furnish transmit by mail a copy 1402 of the paper containing each notice to the tax collector within 1403 days after the last required publication. When the 1404 publication of the tax sale notice is completed as provided by 1405 law,the publisher shall make an affidavit, in the form 1406 prescribed by the department, which shall be delivered to the 1407 tax collector and annexed to the report of certificates sold for 1408 taxes as provided by s. 197.432(9) s. 197.432(8).1409 Section 34. Subsections (5) and (10) of section 197.413, 1410 Florida Statutes, are amended to read: 1411 197.413 Delinquent personal property taxes; warrants; 1412 court order for levy and seizure of personal property; seizure; 1413 fees of tax collectors.-1414 (5) Upon the filing of the such petition, the clerk of the 1415 court shall notify each delinquent taxpayer listed in the 1416 petition that a petition has been filed and that,upon 1417 ratification and confirmation of the petition,the tax collector 1418 may will be authorized to issue warrants and levy upon, seize, 1419 and sell so much of the personal property as to satisfy the 1420 delinquent taxes, plus costs, interest, attorney's fees, and 1421 other charges. The Such notice shall be given by certified mail, 1422 return receipt requested. If the clerk of court and the tax 1423 collector agree, the tax collector may provide the notice. 1424 (10) The tax collector is entitled to a fee of $10 $2 from 1425 each delinquent taxpayer at the time delinquent taxes are 1426 collected. The tax collector is entitled to receive an 1427 additional $8 for each warrant issued. 1428 Section 35. Section 197.414, Florida Statutes, is amended 1429 to read: 1430 197.414 Tax collector to keep Record of warrants and 1431 levies on tangible personal property.-The tax collector shall 1432 keep a record of all warrants and levies made under this chapter 1433 and shall note on such record the date of payment, the amount of 1434 money, if any, received, and the disposition thereof made by him 1435 or her. Such record shall be known as "the tangible personal 1436 property tax warrant register." and the form thereof shall be 1437 prescribed by the Department of Revenue. The warrant register 1438 may be maintained in paper or electronic form. 1439 Section 36. Section 197.4155, Florida Statutes, is amended 1440 to read: 1441 197.4155 Delinquent personal property taxes; installment 1442 payment program.-1443 (1) A county tax collector may implement a an installment 1444 payment program for the payment of delinquent personal property 1445 taxes. If implemented, the program must be available, upon 1446 application to the tax collector, to each delinquent personal 1447 property taxpayer whose delinquent personal property taxes 1448 exceed $1,000. The tax collector shall require each taxpayer who 1449 requests to participate in the program to submit an application 1450 on a form prescribed by the tax collector which, at a minimum, 1451 must include the name, address, a description of the property 1452 subject to personal property taxes, and the amount of the 1453 personal property taxes owed by the taxpayer. 1454 (2) Within days after a taxpayer who owes delinquent 1455 personal property taxes submits the required application, the 1456 tax collector may shall prescribe a an installment payment plan 1457 for the full payment of the taxpayer's delinquent personal 1458 property taxes, including any delinquency charges, interest, and 1459 costs allowed by this chapter. The plan must be in writing and 1460 must be delivered to the taxpayer after it is prescribed. When 1461 At the time the plan is developed, the tax collector may 1462 consider a taxpayer's current and anticipated future ability to 1463 pay over the time period of a potential installment payment 1464 plan. The plan must provide that if the taxpayer does not follow 1465 the payment terms or fails to timely file returns or pay current 1466 obligations after the date of the payment plan, the taxpayer is 1467 will be considered delinquent under the terms of the plan,and 1468 any unpaid balance of tax, penalty, or interest scheduled in the 1469 payment plan will be due and payable immediately. The plan must 1470 also provide that unpaid tax amounts bear interest as provided 1471 by law. In prescribing a such an installment payment plan, the 1472 tax collector may exercise flexibility as to the dates, amounts, 1473 and number of payments required to collect all delinquent 1474 personal property taxes owed by the taxpayer,except that the 1475 plan must provide for the full satisfaction of all amounts owed 1476 by the taxpayer within by no later than years after the due 1477 date of the first payment under the plan. 1478 (3) If a tax warrant is issued under s. 197.413 against a 1479 delinquent taxpayer who is participating in an installment 1480 payment plan under this section, the tax warrant is 1481 unenforceable as long as the taxpayer is neither delinquent 1482 under the terms of the installment payment plan nor attempting 1483 to remove or dispose of the personal property that is subject to 1484 the tax warrant. 1485 (4) If the amounts due under the installment payment plan 1486 are not paid in full in accordance with the terms of the plan, 1487 the tax collector may use all enforcement methods available 1488 under the law. 1489 Section 37. Section 197.416, Florida Statutes, is amended 1490 to read: 1491 197.416 Continuing duty of the tax collector to collect 1492 delinquent tax warrants; limitation of actions.-It is shall be 1493 the duty of the tax collector issuing a tax warrant for the 1494 collection of delinquent tangible personal property taxes to 1495 continue from time to time his or her efforts to collect such 1496 taxes for a period of years after from the date of the 1497 ratification issuance of the warrant. After the expiration of 1498 years, the warrant is will be barred by this statute of 1499 limitation,and no action may be maintained in any court.A tax 1500 collector or his or her successor is shall not be relieved of 1501 accountability for collection of any taxes assessed on tangible 1502 personal property until he or she has completely performed every 1503 duty devolving upon the tax collector as required by law. 1504 Section 38. Subsection (1) of section 197.417, Florida 1505 Statutes, is amended to read: 1506 197.417 Sale of personal property after seizure.-1507 (1) When personal property is levied upon for delinquent 1508 taxes as provided for in s. 197.413, at least days before 1509 the sale the tax collector shall give public notice by 1510 advertisement of the time and place of sale of the property to 1511 be sold. The notice shall be posted in at least two three public 1512 places in the county,one of which shall be at the courthouse, 1513 and the property shall be sold at public auction at the location 1514 noted in the advertisement. Notice posted on the Internet 1515 qualifies as one location. The property sold shall be present if 1516 practical. If the sale is conducted electronically, a 1517 description of the property and a photograph, when practical, 1518 shall be available. At any time before the sale the owner or 1519 claimant of the property may release the property by the payment 1520 of the taxes, plus delinquent charges, interest, and costs, for 1521 which the property was liable to be sold. In all cases, 1522 immediate payment for the property shall be required. In case 1523 such a sale is made, the tax collector is shall be entitled to 1524 the same fees and charges as are allowed sheriffs upon execution 1525 sales. 1526 Section 39. Section 197.432, Florida Statutes, is amended 1527 to read: 1528 197.432 Sale of tax certificates for unpaid taxes.-1529 (1) On the day and approximately at the time designated in 1530 the notice of the sale, the tax collector shall commence the 1531 sale of tax certificates on the real property those lands on 1532 which taxes have not been paid.The tax collector,and he or she 1533 shall continue the sale from day to day until each certificate 1534 is sold to pay the taxes, interest, costs, and charges on the 1535 parcel described in the certificate. In case there are no 1536 bidders, the certificate shall be issued to the county. The tax 1537 collector shall offer all certificates on the property lands as 1538 they are listed on the tax roll assessed.The tax collector may 1539 conduct the sale of tax certificates for unpaid taxes pursuant 1540 to this section by electronic means, which may allow for proxy 1541 bidding. Such electronic means must comply with the procedures 1542 provided in this chapter. A tax collector who chooses to conduct 1543 such electronic sales may receive electronic deposits and 1544 payments related to the tax certificate sale. 1545 (2) A lien created through the sale of a tax certificate 1546 may not be enforced in any manner except as prescribed in this 1547 chapter. 1548 (3) If the Delinquent real property taxes on a real 1549 property and all interest, costs, and charges are paid before a 1550 tax certificate is awarded to a buyer or struck to the county, 1551 the tax collector may not issue the tax certificate of all 1552 governmental units due on a parcel of land in any one year shall 1553 be combined into one certificate.After a tax certificate is 1554 awarded to a buyer or struck to the county, the delinquent 1555 taxes, interest, costs, and charges are paid by the redemption 1556 of the tax certificate. 1557 (4) A tax certificate representing less than $250 $100 in 1558 delinquent taxes on property that has been granted a homestead 1559 exemption for the year in which the delinquent taxes were 1560 assessed may not be sold at public auction or by electronic sale 1561 as provided in subsection (1) (16) but must shall be issued by 1562 the tax collector to the county at the maximum rate of interest 1563 allowed by this chapter.The provisions of s. 197.4725 or s. 1564 197.502(3) may shall not be invoked if as long as the homestead 1565 exemption is granted to the person who received the homestead 1566 exemption for the year in which the tax certificate was issued. 1567 However, if when all such tax certificates and accrued interest 1568 thereon represent an amount of $250 $100 or more, the provisions 1569 of s. 197.502(3) shall be used to determine whether the county 1570 must apply for a tax deed shall be invoked.1571 (5) A tax certificate that has not been sold on property 1572 for which a tax deed application is pending shall be struck to 1573 the county. 1574 (6) (5) Each certificate shall be awarded struck off to the 1575 person who will pay the taxes, interest, costs, and charges and 1576 will demand the lowest rate of interest, not in excess of the 1577 maximum rate of interest allowed by this chapter. The tax 1578 collector shall accept bids in even increments and in fractional 1579 interest rate bids of one-quarter of percent only. If multiple 1580 bidders offer the same lowest rate of interest, the tax 1581 collector shall determine the method of selecting the bidder to 1582 whom the certificate will be awarded. Acceptable methods include 1583 the bid received first or use of a random-number generator. If a 1584 certificate is not purchased there is no buyer,the certificate 1585 shall be struck issued to the county at the maximum rate of 1586 interest allowed by this chapter. 1587 (7) (6) The tax collector may shall require immediate 1588 payment of a reasonable deposit from any person who wishes to 1589 bid for a tax certificate. A person who fails or refuses to pay 1590 any bid made by, or on behalf of, such person him or her is not 1591 entitled to bid or have any other bid accepted or enforced 1592 except as authorized by the tax collector until a new deposit of 1593 percent of the amount of estimated purchases has been paid 1594 to the tax collector.When tax certificates are ready for 1595 issuance, The tax collector shall provide written or electronic 1596 notice when certificates are notify each person to whom a 1597 certificate was struck off that the certificate is ready for 1598 issuance.and Payment must be made within hours after from 1599 the transmission of the electronic notice by the tax collector 1600 or mailing of such notice or,at the tax collector's discretion, 1601 all or a portion of the deposit placed by the bidder may be the 1602 deposit shall be forfeited and the bid canceled.In any event, 1603 Payment must shall be made before the issuance delivery of the 1604 certificate by the tax collector. If the tax collector 1605 determines that payment has been requested in error, the tax 1606 collector shall issue a refund within business days after 1607 such payment. 1608 (8) (7) The form of the certificate shall be as prescribed 1609 by the department. Upon the cancellation of a any bid:, the tax 1610 collector shall resell that certificate the following day or as 1611 soon thereafter as possible, provided the certificate is sold 1612 within days after cancellation of such bid. 1613 (a) If the sale has not been adjourned, the tax collector 1614 shall reoffer the certificate for sale. 1615 (b) If the sale has been adjourned, the tax collector 1616 shall reoffer the certificate at a subsequent sale. Before the 1617 subsequent sale, the parcels must be readvertised pursuant to s. 1618 197.402(3). 1619 (9) (8) The tax collector shall maintain records make a 1620 list of all the certificates sold for taxes, showing the date of 1621 the sale, the number of each certificate, the name of the owner 1622 as returned, a description of the property land within the 1623 certificate, the name of the purchaser, the interest rate bid, 1624 and the amount for which sale was made. Such records may be 1625 maintained electronically and shall This list shall be cited 1626 known as the "list of tax certificates sold." The tax collector 1627 shall append to the list a certificate setting forth the fact 1628 that the sale was made in accordance with this chapter. 1629 (10) (9) A certificate may not be sold on, and a nor is any 1630 lien is not created in, property owned by any governmental unit 1631 the property of which has become subject to taxation due to 1632 lease of the property to a nongovernmental lessee. The 1633 delinquent taxes shall be enforced and collected in the manner 1634 provided in s. 196.199(8). However, the ad valorem real property 1635 taxes levied on a leasehold that is taxed as real property under 1636 s. 196.199(2)(b), and for which no rental payments are due under 1637 the agreement that created the leasehold or for which payments 1638 required under the original leasehold agreement have been waived 1639 or prohibited by law before January 1, 1993, must be paid by the 1640 lessee. If the taxes are unpaid, the delinquent taxes become a 1641 lien on the leasehold and may be collected and enforced under 1642 this chapter. 1643 (11) (10) Any tax certificates that issued pursuant to this 1644 section after January 1, 1977, which are void due to an error of 1645 the property appraiser, the tax collector, or the taxing or 1646 levying authority any other county official, or any municipal 1647 official and which are subsequently canceled, or which are 1648 corrected or amended,pursuant to this chapter or chapter,1649 shall earn interest at the rate of percent per year, simple 1650 interest, or the rate of interest bid at the tax certificate 1651 sale, whichever is less, calculated monthly from the date the 1652 certificate was purchased until the date the tax collector 1653 issues the refund is ordered.Refunds made on tax certificates 1654 that are corrected or void shall be processed pursuant to in 1655 accordance with the procedure set forth in s. 197.182, except 1656 that the 4-year time period provided for in s. 197.182(1)(e) s. 1657 197.182(1)(c) does not apply to or bar refunds resulting from 1658 correction or cancellation of certificates and release of tax 1659 deeds as authorized herein. 1660 (12) (11) When tax certificates are advertised for sale, 1661 The tax collector is shall be entitled to a commission of 1662 percent on the amount of the delinquent taxes and interest when 1663 a tax certificate is sold actual sale is made.The commission 1664 must be included in the face value of the certificate. However, 1665 the tax collector is shall not be entitled to a any commission 1666 for a certificate that is struck the sale of certificates made 1667 to the county until the certificate is redeemed or purchased 1668 commission is paid upon the redemption or sale of the tax 1669 certificates.If When a tax deed is issued to the county, the 1670 tax collector may shall not receive his or her commission for 1671 the certificates until after the property is sold and conveyed 1672 by the county. 1673 (12) All tax certificates issued to the county shall be 1674 held by the tax collector of the county where the lands covered 1675 by the certificates are located. 1676 (13) Delinquent taxes on real property may be paid after 1677 the date of delinquency but prior to the sale of a tax 1678 certificate by paying all costs, advertising charges, and 1679 interest. 1680 (13) (14) The holder of a tax certificate may not directly, 1681 through an agent, or otherwise initiate contact with the owner 1682 of property upon which he or she holds a tax certificate to 1683 encourage or demand payment until years after have elapsed 1684 since April of the year of issuance of the tax certificate. 1685 (14) (15) Any holder of a tax certificate who, prior to the 1686 date years after April of the year of issuance of the tax 1687 certificate, initiates, or whose agent initiates, contact with 1688 the property owner upon which he or she holds a certificate 1689 encouraging or demanding payment may be barred by the tax 1690 collector from bidding at a tax certificate sale. Unfair or 1691 deceptive contact by the holder of a tax certificate to a 1692 property owner to obtain payment is an unfair and deceptive 1693 trade practice, as referenced in s. 501.204(1), regardless of 1694 whether the tax certificate is redeemed. Such unfair or 1695 deceptive contact is actionable under ss. 501.2075-501.211. If 1696 the property owner later redeems the certificate in reliance on 1697 the deceptive or unfair practice, the unfair or deceptive 1698 contact is actionable under applicable laws prohibiting fraud. 1699 (16) The county tax collector may conduct the sale of tax 1700 certificates for unpaid taxes pursuant to this section by 1701 electronic means. Such electronic sales shall comply with the 1702 procedures provided in this chapter. The tax collector shall 1703 provide access to such electronic sale by computer terminals 1704 open to the public at a designated location. A tax collector who 1705 chooses to conduct such electronic sales may receive electronic 1706 deposits and payments related to the tax certificate sale. 1707 Section 40. Section 197.4325, Florida Statutes, is amended 1708 to read: 1709 197.4325 Procedure when checks received for payment of 1710 taxes or tax certificates is are dishonored.-1711 (1) (a) Within days after a payment for taxes check 1712 received by the tax collector for payment of taxes is 1713 dishonored, the tax collector shall notify the payor maker of 1714 the check that the payment check has been dishonored. If the 1715 official receipt is canceled for nonpayment, the tax collector 1716 shall cancel the official receipt issued for the dishonored 1717 check and shall make an entry on the tax roll that the receipt 1718 was canceled because of a dishonored payment check.Where 1719 practicable, The tax collector may shall make a reasonable 1720 effort to collect the moneys due before canceling the receipt. 1721 (b) The tax collector shall retain a copy of the canceled 1722 tax receipt and the dishonored check for the period of time 1723 required by law. 1724 (2) (a) If When a payment check received by the tax 1725 collector for the purchase of a tax certificate is dishonored 1726 and:the certificate has not been delivered to the bidder, the 1727 tax collector shall retain the deposit and resell the tax 1728 certificate. If the certificate has been delivered to the 1729 bidder, the tax collector shall notify the department, and, upon 1730 approval by the department, the certificate shall be canceled 1731 and resold. 1732 (b) When a bidder's deposit is forfeited, the tax 1733 collector shall retain the deposit and resell the tax 1734 certificate. 1735 (a) 1. If The tax certificate sale has been adjourned, the 1736 tax collector shall readvertise the tax certificate to be 1737 resold. If When the bidder's deposit is forfeited and the 1738 certificate is readvertised, the deposit shall be used to pay 1739 the advertising fees before other costs or charges are imposed. 1740 Any portion of the bidder's forfeit deposit that remains after 1741 advertising and other costs or charges have been paid shall be 1742 deposited by the tax collector into his or her official office 1743 account. If the tax collector fails to require a deposit and tax 1744 certificates are resold, the advertising charges required for 1745 the second sale may shall not be added to the face value of the 1746 tax certificate. 1747 (b) 2. If The tax certificate sale has not been adjourned, 1748 the tax collector shall cancel the previous bid pursuant to s. 1749 197.432(8)(a) and reoffer the certificate for sale add the 1750 certificates to be resold to the sale list and continue the sale 1751 until all tax certificates are sold.1752 Section 41. Subsection (2) of section 197.442, Florida 1753 Statutes, is amended to read: 1754 197.442 Tax collector not to sell certificates on land on 1755 which taxes have been paid; penalty.-1756 (2) The office of the tax collector shall be responsible 1757 to the publisher for costs of advertising property lands on 1758 which the taxes have been paid, and the office of the property 1759 appraiser shall be responsible to the publisher for the costs of 1760 advertising property lands doubly assessed or assessed in error. 1761 Section 42. Section 197.443, Florida Statutes, is amended 1762 to read: 1763 197.443 Cancellation of void tax certificates; correction 1764 of tax certificates;procedure.-1765 (1) The tax collector shall forward a certificate of error 1766 to the department and enter a memorandum of error upon the list 1767 of certificates sold for taxes if When a tax certificate on 1768 lands has been sold for unpaid taxes and:1769 (a) The tax certificate evidencing the sale is void 1770 because the taxes on the property lands have been paid; 1771 (b) The property was lands were not subject to taxation at 1772 the time of the assessment on which they were sold; 1773 (c) The description of the property in the tax certificate 1774 is void or has been corrected or amended;1775 (d) An error of commission or omission has occurred which 1776 invalidates the sale; 1777 (e) The circuit court has voided the tax certificate by a 1778 suit to cancel the tax certificate by the holder; 1779 (f) The tax certificate is void for any other reason; or 1780 (g) An error in assessed value has occurred for which the 1781 tax certificate may be corrected., 1782 1783 the tax collector shall forward a certificate of such error to 1784 the department and enter upon the list of certificates sold for 1785 taxes a memorandum of such error. 1786 (2) The department, upon receipt of the such certificate 1787 of error,if satisfied of the correctness of the certificate of 1788 error or upon receipt of a court order, shall notify the tax 1789 collector, who shall cancel or correct the certificate. A tax 1790 certificate correction or cancellation that has been ordered by 1791 a court and that does not result from a change made in the 1792 assessed value on a tax roll certified to the tax collector 1793 shall be made by the tax collector without order from the 1794 department. 1795 (3) (2) The holder of a tax certificate who pays, redeems, 1796 or causes to be corrected or to be canceled and surrendered by 1797 any other tax certificates, or who pays any subsequent and 1798 omitted taxes or costs, in connection with the foreclosure of a 1799 tax certificate or tax deed that is,and when such other 1800 certificates or such subsequent and omitted taxes are void or 1801 corrected for any reason, the person paying, redeeming, or 1802 causing to be corrected or to be canceled and surrendered the 1803 other tax certificates or paying the other subsequent and 1804 omitted taxes is entitled to a refund obtain the return of the 1805 amount paid together with interest calculated monthly from the 1806 date of payment through the date of issuance of the refund at 1807 the rate specified in s. 197.432(11) therefor.1808 (a) The county officer or taxing or levying authority 1809 that,as the case may be, which causes an error that results in 1810 the voiding issuance of a void tax certificate shall be charged 1811 for the costs of advertising incurred in the sale of a new the 1812 tax certificate. 1813 (b) If When the owner of a tax certificate requests that 1814 the certificate be canceled for any reason,or that the amount 1815 of the certificate be amended as a result of payments received 1816 due to an intervening bankruptcy or receivership, but does not 1817 seek a refund, the tax collector shall cancel or amend the tax 1818 certificate and a refund shall not be processed. The tax 1819 collector shall require the owner of the tax certificate to 1820 execute a written statement that he or she is the holder of the 1821 tax certificate, that he or she wishes the certificate to be 1822 canceled or amended,and that a refund is not expected and is 1823 not to be made. 1824 (4) (3) If When the tax certificate or a tax deed based 1825 upon the certificate is held by an individual, the collector 1826 shall at once notify the original purchaser of the certificate 1827 or tax deed or the subsequent holder thereof,if known, that 1828 upon the voluntary surrender of the certificate or deed of 1829 release of any his or her rights under the tax deed, a refund 1830 will be made of the amount received by the governmental units 1831 for the certificate or deed, plus $1 for the deed of release. 1832 (5) (4) The refund shall be made in accordance with the 1833 procedure set forth in s. 197.182, except that the 4-year time 1834 period provided for in s. 197.182(1)(e) s. 197.182(1)(c) does 1835 not apply to or bar refunds resulting from correction or 1836 cancellation of certificates and release of tax deeds as 1837 authorized in this section herein.1838 Section 43. Section 197.462, Florida Statutes, is amended 1839 to read: 1840 197.462 Transfer of tax certificates held by individuals.-1841 (1) All tax certificates issued to an individual may be 1842 transferred by endorsement at any time before they are redeemed 1843 or a tax deed is executed thereunder.1844 (2) The official endorsement of a tax certificate by the 1845 tax collector with the date and the amount received and its 1846 entry on the record of tax certificates sold shall be sufficient 1847 evidence of the assignment of it. 1848 (2) (3) The tax collector shall record the transfer on the 1849 record of tax certificates sold. 1850 (3) (4) The tax collector shall receive $2.25 as a service 1851 charge for each transfer endorsement.1852 Section 44. Section 197.472, Florida Statutes, is amended 1853 to read: 1854 197.472 Redemption of tax certificates.-1855 (1) Any person may redeem a tax certificate or purchase a 1856 county-held certificate at any time after the certificate is 1857 issued and before a tax deed is issued or the property is placed 1858 on the list of lands available for sale. The person redeeming or 1859 purchasing a tax certificate shall pay to the tax collector in 1860 the county where the land is situated the face amount plus all 1861 interest, costs, and charges. of the certificate or the part 1862 thereof that the part or interest purchased or redeemed bears to 1863 the whole. Upon purchase or redemption being made, the person 1864 shall pay all taxes, interest, costs, charges, and omitted 1865 taxes, if any, as provided by law upon the part or parts of the 1866 certificate so purchased or redeemed. 1867 (2) When a tax certificate is redeemed and the interest 1868 earned on the tax certificate is less than percent of the face 1869 amount of the certificate, a mandatory minimum interest charge 1870 of an absolute percent shall be levied upon the face value of 1871 the tax certificate. The person redeeming the tax certificate 1872 shall pay the interest rate due on the certificate or the 1873 percent 5-percent mandatory minimum interest charge,whichever 1874 is greater. This subsection applies to all county-held tax 1875 certificates and all individual tax certificates except those 1876 with an interest rate bid of zero percent. 1877 (3) The tax collector shall receive a fee of $6.25 for 1878 each tax certificate purchased or redeemed. 1879 (4) When only A portion of a certificate may be is being 1880 redeemed only if or purchased and such portion can be 1881 ascertained by legal description and the portion to be redeemed 1882 is evidenced by a contract for sale or recorded deed.,The tax 1883 collector shall make a written request for apportionment to the 1884 property appraiser,and.within days after such request, the 1885 property appraiser shall furnish the tax collector a certificate 1886 apportioning the value to that portion sought to be redeemed and 1887 to the remaining land covered by the certificate. 1888 (5) When a tax certificate is purchased or redeemed, the 1889 tax collector shall give to the person a receipt and certificate 1890 showing the amount paid for the purchase or redemption, a 1891 description of the land, and the date, number, and amount of the 1892 certificate, certificates, or part of certificate which is 1893 purchased or redeemed, which shall be in the form prescribed by 1894 the department. If a tax certificate is redeemed in full, the 1895 certificate shall be surrendered to the tax collector by the 1896 original purchaser and canceled by the tax collector. If only a 1897 part is purchased or redeemed, the portion and description of 1898 land, with date of purchase or redemption, shall be endorsed on 1899 the certificate by the tax collector. The certificate shall be 1900 retained by the owner, or the tax collector if the certificate 1901 is a county-held certificate, subject to the endorsement. The 1902 purchase or redemption shall be entered by the tax collector on 1903 the record of tax certificates sold. 1904 (5) (6) After When a tax certificate is has been purchased 1905 or redeemed, the tax collector shall pay to the owner of the tax 1906 certificate the amount received by the tax collector less the 1907 redemption fee within business days after the date of receipt 1908 of the redemption service charges.Along with the payment, the 1909 tax collector shall identify the certificates redeemed and the 1910 amount paid for each certificate. However, if the tax collector 1911 pays the certificateholder electronically, the certificates 1912 redeemed and the amounts paid for each certificate shall be 1913 provided electronically by facsimile or electronic mail. 1914 (6) (7) Nothing in this section shall be deemed to deny any 1915 person the right to purchase or redeem any outstanding tax 1916 certificate in accordance with the law in force when it was 1917 issued.However, the provisions of s. 197.573 relating to 1918 survival of restrictions and covenants after the issuance of a 1919 tax deed are not repealed by this chapter and apply regardless 1920 of the manner in which the tax deed was issued. 1921 (7) (8) The provisions of subsection (4) do not apply to 1922 collections relating to fee timeshare real property made 1923 pursuant to the provisions of s. 192.037. 1924 Section 45. Section 197.4725, Florida Statutes, is created 1925 to read: 1926 197.4725 Purchase of county-held tax certificates.-1927 (1) Any person may purchase a county-held tax certificate 1928 at any time after the tax certificate is issued and before a tax 1929 deed application is made. The person purchasing a county-held 1930 tax certificate shall pay to the tax collector the face amount 1931 plus all interest, costs, and charges or, subject to s. 1932 197.472(4), the part described in the tax certificate. 1933 (2) If a county-held tax certificate is purchased, the 1934 interest earned shall be calculated at 1.5 percent per month, or 1935 a fraction thereof, to the date of purchase. 1936 (3) The tax collector shall receive a fee of $6.25 for 1937 each county-held tax certificate purchased. 1938 (4) This section does not apply to collections relating to 1939 fee timeshare real property made pursuant to s. 192.037. 1940 (5) The tax collector may use electronic means to make 1941 known county-held tax certificates that are available for 1942 purchase and to complete the purchase. The tax collector may 1943 charge a reasonable fee for costs incurred in providing such 1944 electronic services. 1945 (6) The purchaser of a county-held tax certificate shall 1946 be issued a tax certificate with a face value that includes all 1947 sums paid to acquire the certificate from the county, including 1948 accrued interest and charges paid under this section. The date 1949 the county-held certificate was issued is the date for use in 1950 determining the date on which an application for tax deed may be 1951 made. The date that the new certificate is purchased is the date 1952 for use in calculating the interest or minimum interest due if 1953 the certificate is redeemed. 1954 Section 46. Section 197.473, Florida Statutes, is amended 1955 to read: 1956 197.473 Disposition of unclaimed redemption moneys.-1957 (1) After Money paid to the tax collector for the 1958 redemption of a tax certificate or a tax deed application that 1959 certificates has been held for days, which money is payable 1960 to the holder of a redeemed tax certificate but for which no 1961 claim has been made,or that fails to be presented for payment, 1962 is considered unclaimed as defined in s. 717.113 and shall be 1963 remitted to the state pursuant to s. 717.117,on the first day 1964 of the following quarter the tax collector shall remit such 1965 unclaimed moneys to the board of county commissioners, less the 1966 sum of $5 on each $100 or fraction thereof which shall be 1967 retained by the tax collector as service charges.1968 (2) Two years after the date the unclaimed redemption 1969 moneys were remitted to the board of county commissioners, all 1970 claims to such moneys are forever barred, and such moneys become 1971 the property of the county. 1972 Section 47. Section 197.482, Florida Statutes, is amended 1973 to read: 1974 197.482 Expiration Limitation upon lien of tax 1975 certificate.-1976 (1) Seven After the expiration of years after from the 1977 date of issuance of a tax certificate,which is the date of the 1978 first day of the tax certificate sale as advertised under s. 1979 197.432, of a tax certificate, if a tax deed has not been 1980 applied for on the property covered by the certificate,and no 1981 other administrative or legal proceeding,including a 1982 bankruptcy, has existed of record, the tax certificate is null 1983 and void,and the tax collector shall be canceled. The tax 1984 collector shall note cancel the tax certificate, noting the date 1985 of the cancellation of the tax certificate upon all appropriate 1986 records in his or her office. The tax collector shall complete 1987 the cancellation by entering opposite the record of the 7-year-1988 old tax certificate a notation in substantially the following 1989 form: "Canceled by Act of 1973 Florida Legislature." All 1990 certificates outstanding July 1, 1973, shall have a life of 1991 years from the date of issue. This subsection does not apply to 1992 deferred payment tax certificates. 1993 (2) The provisions and limitations herein prescribed for 1994 tax certificates do not apply to tax certificates which were 1995 sold under the provisions of chapter 18296, Laws of Florida, 1996 1937, commonly known as the "Murphy Act." 1997 Section 48. Section 197.492, Florida Statutes, is amended 1998 to read: 1999 197.492 Errors and insolvencies report list.-On or before 2000 the 60th day after the tax certificate sale is adjourned,the 2001 tax collector shall certify make out a report to the board of 2002 county commissioners a report separately showing the discounts, 2003 errors, double assessments, and insolvencies relating to tax 2004 collections for which credit is to be given, including in every 2005 case except discounts, the names of the parties on whose account 2006 the credit is to be allowed. The report may be submitted in an 2007 electronic format. The board of county commissioners, upon 2008 receiving the report, shall examine it; make such investigations 2009 as may be necessary; and, if the board discovers that the tax 2010 collector has taken credit as an insolvent item any personal 2011 property tax due by a solvent taxpayer, charge the amount of 2012 taxes represented by such item to the tax collector and not 2013 approve the report until the tax collector strikes such item 2014 from the record. 2015 Section 49. Section 197.502, Florida Statutes, is amended 2016 to read: 2017 197.502 Application for obtaining tax deed by holder of 2018 tax sale certificate; fees.-2019 (1) The holder of a any tax certificate,other than the 2020 county, at any time after years have elapsed since April of 2021 the year of issuance of the tax certificate and before the 2022 cancellation expiration of the certificate years from the date 2023 of issuance,may file the certificate and an application for a 2024 tax deed with the tax collector of the county where the property 2025 lands described in the certificate is are located. The 2026 application may be made on the entire parcel of property or any 2027 part thereof which is capable of being readily separated from 2028 the whole. The tax collector may charge shall be allowed a tax 2029 deed application fee of $75. 2030 (2) A Any certificateholder, other than the county, who 2031 makes application for a tax deed shall pay the tax collector at 2032 the time of application all amounts required for redemption or 2033 purchase of all other outstanding tax certificates, plus 2034 interest, any omitted taxes, plus interest, any delinquent 2035 taxes, plus interest, and current taxes, if due, covering the 2036 property land.2037 (3) The county in which where the property lands described 2038 in the certificate is are located shall apply make application 2039 for a tax deed on all county-held certificates on property 2040 valued at $5,000 or more on the property appraiser's most recent 2041 assessment roll, except deferred payment tax certificates, and 2042 may apply for tax deeds make application on those certificates 2043 on property valued at less than $5,000 on the property 2044 appraiser's most recent assessment roll. The Such application 2045 shall be made years after April of the year of issuance of 2046 the certificates or as soon thereafter as is reasonable.Upon 2047 application for a tax deed,the county shall deposit with the 2048 tax collector all applicable costs and fees as provided in 2049 subsection (1),but may shall not deposit any money to cover the 2050 redemption of other outstanding certificates covering the 2051 property land.2052 (4) The tax collector shall deliver to the clerk of the 2053 circuit court a statement that payment has been made for all 2054 outstanding certificates or, if the certificate is held by the 2055 county, that all appropriate fees have been deposited, and 2056 stating that the following persons are to be notified prior to 2057 the sale of the property: 2058 (a) Any legal titleholder of record if the address of the 2059 owner appears on the record of conveyance of the property lands 2060 to the owner. However, if the legal titleholder of record is the 2061 same as the person to whom the property was assessed on the tax 2062 roll for the year in which the property was last assessed, then 2063 the notice may only be mailed to the address of the legal 2064 titleholder as it appears on the latest assessment roll. 2065 (b) Any lienholder of record who has recorded a lien 2066 against the property described in the tax certificate if an 2067 address appears on the recorded lien. 2068 (c) Any mortgagee of record if an address appears on the 2069 recorded mortgage. 2070 (d) Any vendee of a recorded contract for deed if an 2071 address appears on the recorded contract or, if the contract is 2072 not recorded, any vendee who has applied to receive notice 2073 pursuant to s. 197.344(1)(c). 2074 (e) Any other lienholder who has applied to the tax 2075 collector to receive notice if an address is supplied to the 2076 collector by such lienholder.2077 (f) Any person to whom the property was assessed on the 2078 tax roll for the year in which the property was last assessed. 2079 (g) Any lienholder of record who has recorded a lien 2080 against a mobile home located on the property described in the 2081 tax certificate if an address appears on the recorded lien and 2082 if the lien is recorded with the clerk of the circuit court in 2083 the county where the mobile home is located. 2084 (h) Any legal titleholder of record of property that is 2085 contiguous to the property described in the tax certificate, if 2086 when the property described is either submerged land or common 2087 elements of a subdivision and,if the address of the titleholder 2088 of contiguous property appears on the record of conveyance of 2089 the property land to the that legal titleholder. However, if the 2090 legal titleholder of property contiguous to the property 2091 described in the tax certificate is the same as the person to 2092 whom the property described in the tax certificate was assessed 2093 on the tax roll for the year in which the property was last 2094 assessed, the notice may be mailed only to the address of the 2095 legal titleholder as it appears on the latest assessment roll. 2096 As used in this chapter, the term "contiguous" means touching, 2097 meeting, or joining at the surface or border, other than at a 2098 corner or a single point, and not separated by submerged lands. 2099 Submerged lands lying below the ordinary high-water mark which 2100 are sovereignty lands are not part of the upland contiguous 2101 property for purposes of notification. 2102 2103 The statement must be signed by the tax collector or the tax 2104 collector's designee,with the tax collector's seal affixed.The 2105 tax collector may purchase a reasonable bond for errors and 2106 omissions of his or her office in making such statement. The 2107 search of the official records must be made by a direct and 2108 inverse search. "Direct" means the index in straight and 2109 continuous alphabetic order by grantor, and "inverse" means the 2110 index in straight and continuous alphabetic order by grantee. 2111 (5)(a) The tax collector may contract with a title company 2112 or an abstract company at a reasonable fee to provide the 2113 minimum information required in subsection (4), consistent with 2114 rules adopted by the department. If additional information is 2115 required, the tax collector must make a written request to the 2116 title or abstract company stating the additional requirements. 2117 The tax collector may select any title or abstract company, 2118 regardless of its location, as long as the fee is reasonable, 2119 the minimum information is submitted, and the title or abstract 2120 company is authorized to do business in this state. The tax 2121 collector may advertise and accept bids for the title or 2122 abstract company if he or she considers it appropriate to do so. 2123 1. The ownership and encumbrance report must include the 2124 be printed or typed on stationery or other paper showing a 2125 letterhead of the person, firm, or company that makes the 2126 search, and the signature of the individual person who makes the 2127 search or of an officer of the firm must be attached.The tax 2128 collector is not liable for payment to the firm unless these 2129 requirements are met. The report may be submitted to the tax 2130 collector in an electronic format. 2131 2. The tax collector may not accept or pay for any title 2132 search or abstract if no financial responsibility is not assumed 2133 for the search. However, reasonable restrictions as to the 2134 liability or responsibility of the title or abstract company are 2135 acceptable. Notwithstanding s. 627.7843(3), the tax collector 2136 may contract for higher maximum liability limits. 2137 3. In order to establish uniform prices for ownership and 2138 encumbrance reports within the county, the tax collector must 2139 shall ensure that the contract for ownership and encumbrance 2140 reports include all requests for title searches or abstracts for 2141 a given period of time. 2142 (b) Any fee paid for a any title search or abstract must 2143 be collected at the time of application under subsection (1), 2144 and the amount of the fee must be added to the opening bid. 2145 (c) The clerk shall advertise and administer the sale and 2146 receive such fees for the issuance of the deed and sale of the 2147 property as are provided in s. 28.24. 2148 (6) (a) The opening bid:2149 (a) On county-held certificates on nonhomestead property 2150 shall be the sum of the value of all outstanding certificates 2151 against the property land,plus omitted years' taxes, delinquent 2152 taxes, interest, and all costs and fees paid by the county. 2153 (b) The opening bid On an individual certificate must on 2154 nonhomestead property shall include, in addition to the amount 2155 of money paid to the tax collector by the certificateholder at 2156 the time of application, the amount required to redeem the 2157 applicant's tax certificate and all other costs and fees paid by 2158 the applicant,plus all tax certificates that were sold 2159 subsequent to the filing of the tax deed application and omitted 2160 taxes, if any.2161 (c) The opening bid On property assessed on the latest tax 2162 roll as homestead property shall include, in addition to the 2163 amount of money required for an opening bid on nonhomestead 2164 property, an amount equal to one-half of the latest assessed 2165 value of the homestead. Payment of one-half of the assessed 2166 value of the homestead property shall not be required if the tax 2167 certificate to which the application relates was sold prior to 2168 January 1, 1982. 2169 (7) On county-held certificates for which there are no 2170 bidders at the public sale, the clerk shall enter the land on a 2171 list entitled "lands available for taxes" and shall immediately 2172 notify the county commission and all other persons holding 2173 certificates against the property land that the property land is 2174 available. During the first days after the property land is 2175 placed on the list of lands available for taxes,the county may 2176 purchase the land for the opening bid or may waive its rights to 2177 purchase the property.Thereafter, any person, the county, or 2178 any other governmental unit may purchase the property land from 2179 the clerk, without further notice or advertising, for the 2180 opening bid, except that if when the county or other 2181 governmental unit is the purchaser for its own use, the board of 2182 county commissioners may cancel omitted years' taxes, as 2183 provided under s. 197.447. If the county does not elect to 2184 purchase the property land,the county must notify each legal 2185 titleholder of property contiguous to the property land 2186 available for taxes, as provided in paragraph (4)(h), before 2187 expiration of the 90-day period. Interest on the opening bid 2188 continues to accrue through the month of sale as prescribed by 2189 s. 197.542. 2190 (8) Taxes may shall not be extended against parcels listed 2191 as lands available for taxes, but in each year the taxes that 2192 would have been due shall be treated as omitted years and added 2193 to the required minimum bid. Three years after the day the land 2194 was offered for public sale, the land shall escheat to the 2195 county in which it is located, free and clear. All tax 2196 certificates, accrued taxes, and liens of any nature against the 2197 property shall be deemed canceled as a matter of law and of no 2198 further legal force and effect, and the clerk shall execute an 2199 escheatment tax deed vesting title in the board of county 2200 commissioners of the county in which the land is located. 2201 (a) When a property escheats to the county under this 2202 subsection, the county is not subject to any liability imposed 2203 by chapter or chapter for preexisting soil or 2204 groundwater contamination due solely to its ownership. However, 2205 this subsection does not affect the rights or liabilities of any 2206 past or future owners of the escheated property and does not 2207 affect the liability of any governmental entity for the results 2208 of its actions that create or exacerbate a pollution source. 2209 (b) The county and the Department of Environmental 2210 Protection may enter into a written agreement for the 2211 performance, funding, and reimbursement of the investigative and 2212 remedial acts necessary for a property that escheats to the 2213 county. 2214 (9) Consolidated applications on more than one tax 2215 certificate are allowed, but a separate statement shall be 2216 issued pursuant to subsection (4), and a separate tax deed shall 2217 be issued pursuant to s. 197.552, for each parcel of property 2218 shown on the tax certificate. 2219 (10) Any fees collected pursuant to this section shall be 2220 refunded to the certificateholder in the event that the tax deed 2221 sale is canceled for any reason. 2222 (11) For any property acquired under this section by the 2223 county for the express purpose of providing infill housing, the 2224 board of county commissioners may, in accordance with s. 2225 197.447, cancel county-held tax certificates and omitted years' 2226 taxes on such properties. Furthermore, the county may not 2227 transfer a property acquired under this section specifically for 2228 infill housing back to a taxpayer who failed to pay the 2229 delinquent taxes or charges that led to the issuance of the tax 2230 certificate or lien. For purposes of this subsection only, the 2231 term "taxpayer" includes the taxpayer's family or any entity in 2232 which the taxpayer or taxpayer's family has any interest. 2233 Section 50. Section 197.542, Florida Statutes, is amended 2234 to read: 2235 197.542 Sale at public auction.-2236 (1) Real property The lands advertised for sale to the 2237 highest bidder as a result of an application filed under s. 2238 197.502 shall be sold at public auction by the clerk of the 2239 circuit court, or his or her deputy, of the county where the 2240 property is lands are located on the date, at the time, and at 2241 the location as set forth in the published notice, which must 2242 shall be during the regular hours the clerk's office is open. At 2243 the time and place, the clerk shall read the notice of sale and 2244 shall offer the lands described in the notice for sale to the 2245 highest bidder for cash at public outcry. The amount required to 2246 redeem the tax certificate, plus the amounts paid by the holder 2247 to the clerk of the circuit court in charges for costs of sale, 2248 redemption of other tax certificates on the same property lands,2249 and all other costs to the applicant for tax deed, plus interest 2250 thereon at the rate of 1.5 percent per month for the period 2251 running from the month after the date of application for the 2252 deed through the month of sale and costs incurred for the 2253 service of notice provided for in s. 197.522(2), shall be 2254 considered the bid of the certificateholder for the property. If 2255 tax certificates exist or if delinquent taxes accrued subsequent 2256 to the filing of the tax deed application, the amount required 2257 to redeem such tax certificates or pay such delinquent taxes 2258 must be included in the minimum bid. However, if the land to be 2259 sold is assessed on the latest tax roll as homestead property, 2260 the bid of the certificateholder must shall be increased to 2261 include an amount equal to one-half of the assessed value of the 2262 homestead property as required by s. 197.502. If there are no 2263 higher bids, the property land shall be struck off and sold to 2264 the certificateholder, who shall forthwith pay to the clerk any 2265 amounts included in the minimum bid, the documentary stamp tax,2266 and recording fees due.Upon payment,and a tax deed shall 2267 thereupon be issued and recorded by the clerk. 2268 (2) If there are other bids, The certificateholder has 2269 shall have the right to bid as others present may bid, and the 2270 property shall be struck off and sold to the highest bidder. The 2271 high bidder shall post with the clerk a nonrefundable cash 2272 deposit of percent of the bid or $200,whichever is greater, 2273 at the time of the sale, to be applied to the sale price at the 2274 time of full payment. Notice of the this deposit requirement 2275 must shall be posted at the auction site, and the clerk may 2276 require that bidders to show their willingness and ability to 2277 post the cost deposit. If full payment of the final bid and of 2278 documentary stamp tax and recording fees is not made within 2279 hours, excluding weekends and legal holidays, the clerk shall 2280 cancel all bids, readvertise the sale as provided in this 2281 section, and pay all costs of the sale from the deposit. Any 2282 remaining funds must be applied toward the opening bid. The 2283 clerk may refuse to recognize the bid of any person who has 2284 previously bid and refused, for any reason, to honor such bid. 2285 (3) If the sale is canceled for any reason, or the buyer 2286 fails to make full payment within the time required, the clerk 2287 shall immediately readvertise the sale to be held within no 2288 later than days after the date the sale was canceled. Only 2289 one advertisement is necessary. No further notice is required. 2290 The amount of the opening statutory (opening) bid shall be 2291 increased by the cost of advertising, additional clerk's fees as 2292 provided for in s. 28.24(21), and interest as provided for in 2293 subsection (1). This process must be repeated until the property 2294 is sold and the clerk receives full payment or the clerk does 2295 not receive any bids other than the bid of the 2296 certificateholder. The clerk must shall receive full payment 2297 before prior to the issuance of the tax deed. 2298 (4)(a) A clerk may conduct electronic tax deed sales in 2299 lieu of public outcry. The clerk must comply with the procedures 2300 provided in this chapter, except that electronic proxy bidding 2301 shall be allowed and the clerk may require bidders to advance 2302 sufficient funds to pay the deposit required by subsection (2). 2303 The clerk shall provide access to the electronic sale by 2304 computer terminals open to the public at a designated location. 2305 A clerk who conducts such electronic sales may receive 2306 electronic deposits and payments related to the sale. The 2307 portion of an advance deposit from a winning bidder required by 2308 subsection (2) shall, upon acceptance of the winning bid, be 2309 subject to the fee under s. 28.24(10). 2310 (b) Nothing in This subsection does not shall be construed 2311 to restrict or limit the authority of a charter county to 2312 conduct from conducting electronic tax deed sales. In a charter 2313 county where the clerk of the circuit court does not conduct all 2314 electronic sales, the charter county shall be permitted to 2315 receive electronic deposits and payments related to sales it 2316 conducts, as well as to subject the winning bidder to a fee, 2317 consistent with the schedule in s. 28.24(10). 2318 (c) The costs of electronic tax deed sales shall be added 2319 to the charges for the costs of sale under subsection (1) and 2320 paid by the certificateholder when filing an application for a 2321 tax deed. 2322 Section 51. Subsection (2) of section 197.582, Florida 2323 Statutes, is amended to read: 2324 197.582 Disbursement of proceeds of sale.-2325 (2) If the property is purchased for an amount in excess 2326 of the statutory bid of the certificateholder, the excess must 2327 shall be paid over and disbursed by the clerk. If the property 2328 purchased is homestead property and the statutory bid includes 2329 an amount equal to at least one-half of the assessed value of 2330 the homestead, that amount must shall be treated as excess and 2331 distributed in the same manner. The clerk shall distribute the 2332 excess to the governmental units for the payment of any lien of 2333 record held by a governmental unit against the property,2334 including any tax certificates not incorporated in the tax deed 2335 application and omitted taxes, if any.If In the event the 2336 excess is not sufficient to pay all of such liens in full, the 2337 excess shall then be paid to each governmental unit pro rata. 2338 If, after all liens of record of the governmental units upon the 2339 property are paid in full, there remains a balance of 2340 undistributed funds, the balance of the purchase price shall be 2341 retained by the clerk for the benefit of the persons described 2342 in s. 197.522(1)(a), except those persons described in s. 2343 197.502(4)(h), as their interests may appear. The clerk shall 2344 mail notices to such persons notifying them of the funds held 2345 for their benefit. Any service charges, at the same rate as 2346 prescribed in s. 28.24(10), and costs of mailing notices shall 2347 be paid out of the excess balance held by the clerk. Excess 2348 proceeds shall be held and disbursed in the same manner as 2349 unclaimed redemption moneys in s. 197.473. If In the event 2350 excess proceeds are not sufficient to cover the service charges 2351 and mailing costs, the clerk shall receive the total amount of 2352 excess proceeds as a service charge. 2353 Section 52. Section 197.602, Florida Statutes, is amended 2354 to read: 2355 197.602 Reimbursement required in challenges to the 2356 validity of a tax deed Party recovering land must refund taxes 2357 paid and interest.-2358 (1) If a party successfully challenges the validity of a 2359 tax deed in an action at law or equity, but the taxes for which 2360 the tax deed was sold were not paid before the tax deed was 2361 issued, the party shall pay to the party against whom the 2362 judgment or decree is entered: 2363 (a) The amount paid for the tax deed and all taxes paid 2364 upon the land, together with percent interest thereon per 2365 year from the date of the issuance of the tax deed; 2366 (b) All legal expenses in obtaining the tax deed, 2367 including publication of notice and clerk's fees for issuing and 2368 recording the tax deed; and 2369 (c) The fair cash value of all maintenance and permanent 2370 improvements made upon the land by the holders under the tax 2371 deed. If, in an action at law or in equity involving the 2372 validity of any tax deed, the court holds that the tax deed was 2373 invalid at the time of its issuance and that title to the land 2374 therein described did not vest in the tax deed holder,then, if 2375 the taxes for which the land was sold and upon which the tax 2376 deed was issued had not been paid prior to issuance of the deed, 2377 the party in whose favor the judgment or decree in the suit is 2378 entered shall pay to the party against whom the judgment or 2379 decree is entered the amount paid for the tax deed and all taxes 2380 paid upon the land, together with 12-percent interest thereon 2381 per year from the date of the issuance of the tax deed and all 2382 legal expenses in obtaining the tax deed, including publication 2383 of notice and clerk's fees for issuing and recording the tax 2384 deed, and also the fair cash value of all permanent improvements 2385 made upon the land by the holders under the tax deed. 2386 (2) In an action to challenge the validity of a tax deed, 2387 the prevailing party is entitled to all reasonable litigation 2388 expenses including attorney's fees. 2389 (3) The court shall determine the amount of the expenses 2390 for which a party shall be reimbursed. and the fair cash value 2391 of improvements shall be ascertained and found upon the trial of 2392 the action, and The tax deed holder or anyone holding under the 2393 tax deed has thereunder shall have a prior lien on upon the land 2394 for the payment of the expenses that must be reimbursed to such 2395 persons sums.2396 Section 53. Section 192.0105, Florida Statutes, is amended 2397 to read: 2398 192.0105 Taxpayer rights.-There is created a Florida 2399 Taxpayer's Bill of Rights for property taxes and assessments to 2400 guarantee that the rights, privacy, and property of the 2401 taxpayers of this state are adequately safeguarded and protected 2402 during tax levy, assessment, collection, and enforcement 2403 processes administered under the revenue laws of this state. The 2404 Taxpayer's Bill of Rights compiles, in one document, brief but 2405 comprehensive statements that summarize the rights and 2406 obligations of the property appraisers, tax collectors, clerks 2407 of the court, local governing boards, the Department of Revenue, 2408 and taxpayers. Additional rights afforded to payors of taxes and 2409 assessments imposed under the revenue laws of this state are 2410 provided in s. 213.015. The rights afforded taxpayers to assure 2411 that their privacy and property are safeguarded and protected 2412 during tax levy, assessment, and collection are available only 2413 insofar as they are implemented in other parts of the Florida 2414 Statutes or rules of the Department of Revenue. The rights so 2415 guaranteed to state taxpayers in the Florida Statutes and the 2416 departmental rules include: 2417 (1) THE RIGHT TO KNOW.-2418 (a) The right to be sent a mailed notice of proposed 2419 property taxes and proposed or adopted non-ad valorem 2420 assessments (see ss. 194.011(1), 200.065(2)(b) and (d) and 2421 (13)(a), and 200.069). The notice must also inform the taxpayer 2422 that the final tax bill may contain additional non-ad valorem 2423 assessments (see s. 200.069(9)). 2424 (b) The right to notification of a public hearing on each 2425 taxing authority's tentative budget and proposed millage rate 2426 and advertisement of a public hearing to finalize the budget and 2427 adopt a millage rate (see s. 200.065(2)(c) and (d)). 2428 (c) The right to advertised notice of the amount by which 2429 the tentatively adopted millage rate results in taxes that 2430 exceed the previous year's taxes (see s. 200.065(2)(d) and (3)). 2431 The right to notification by first-class mail of a comparison of 2432 the amount of the taxes to be levied from the proposed millage 2433 rate under the tentative budget change, compared to the previous 2434 year's taxes, and also compared to the taxes that would be 2435 levied if no budget change is made (see ss. 200.065(2)(b) and 2436 200.069(2), (3), (4), and (8)). 2437 (d) The right that the adopted millage rate will not 2438 exceed the tentatively adopted millage rate. If the tentative 2439 rate exceeds the proposed rate, each taxpayer shall be mailed 2440 notice comparing his or her taxes under the tentatively adopted 2441 millage rate to the taxes under the previously proposed rate, 2442 before a hearing to finalize the budget and adopt millage (see 2443 s. 200.065(2)(d)). 2444 (e) The right to be sent notice by first-class mail of a 2445 non-ad valorem assessment hearing at least days before the 2446 hearing with pertinent information, including the total amount 2447 to be levied against each parcel. All affected property owners 2448 have the right to appear at the hearing and to file written 2449 objections with the local governing board (see s. 197.3632(4)(b) 2450 and (c) and (10)(b)2.b.). 2451 (f) The right of an exemption recipient to be sent a 2452 renewal application for that exemption, the right to a receipt 2453 for homestead exemption claim when filed, and the right to 2454 notice of denial of the exemption (see ss. 196.011(6), 2455 196.131(1), 196.151, and 196.193(1)(c) and (5)). 2456 (g) The right, on property determined not to have been 2457 entitled to homestead exemption in a prior year, to notice of 2458 intent from the property appraiser to record notice of tax lien 2459 and the right to pay tax, penalty, and interest before a tax 2460 lien is recorded for any prior year (see s. 196.161(1)(b)). 2461 (h) The right to be informed during the tax collection 2462 process, including: notice of tax due; notice of back taxes; 2463 notice of late taxes and assessments and consequences of 2464 nonpayment; opportunity to pay estimated taxes and non-ad 2465 valorem assessments when the tax roll will not be certified in 2466 time; notice when interest begins to accrue on delinquent 2467 provisional taxes; notice of the right to prepay estimated taxes 2468 by installment; a statement of the taxpayer's estimated tax 2469 liability for use in making installment payments; and notice of 2470 right to defer taxes and non-ad valorem assessments on homestead 2471 property (see ss. 197.322(3), 197.3635, 197.343, 197.363(2)(c), 2472 197.222(3) and (5), 197.2301(3), 197.3632(8)(a), 2473 193.1145(10)(a), and 197.254(1)). 2474 (i) The right to an advertisement in a newspaper listing 2475 names of taxpayers who are delinquent in paying tangible 2476 personal property taxes, with amounts due, and giving notice 2477 that interest is accruing at percent and that, unless taxes 2478 are paid, warrants will be issued, prior to petition made with 2479 the circuit court for an order to seize and sell property (see 2480 s. 197.402(2)). 2481 (j) The right to be sent a mailed notice when a petition 2482 has been filed with the court for an order to seize and sell 2483 property and the right to be mailed notice, and to be served 2484 notice by the sheriff, before the date of sale, that application 2485 for tax deed has been made and property will be sold unless back 2486 taxes are paid (see ss. 197.413(5), 197.502(4)(a), and 2487 197.522(1)(a) and (2)). 2488 (k) The right to have certain taxes and special 2489 assessments levied by special districts individually stated on 2490 the "Notice of Proposed Property Taxes and Proposed or Adopted 2491 Non-Ad Valorem Assessments" (see s. 200.069). 2492 2493 Notwithstanding the right to information contained in this 2494 subsection, under s. 197.122 property owners are held to know 2495 that property taxes are due and payable annually and are charged 2496 with a duty to ascertain the amount of current and delinquent 2497 taxes and obtain the necessary information from the applicable 2498 governmental officials. 2499 (2) THE RIGHT TO DUE PROCESS.-2500 (a) The right to an informal conference with the property 2501 appraiser to present facts the taxpayer considers to support 2502 changing the assessment and to have the property appraiser 2503 present facts supportive of the assessment upon proper request 2504 of any taxpayer who objects to the assessment placed on his or 2505 her property (see s. 194.011(2)). 2506 (b) The right to petition the value adjustment board over 2507 objections to assessments, denial of exemption, denial of 2508 agricultural classification, denial of historic classification, 2509 denial of high-water recharge classification, disapproval of tax 2510 deferral, and any penalties on deferred taxes imposed for 2511 incorrect information willfully filed. Payment of estimated 2512 taxes does not preclude the right of the taxpayer to challenge 2513 his or her assessment (see ss. 194.011(3), 196.011(6) and 2514 (9)(a), 196.151, 196.193(1)(c) and (5), 193.461(2), 193.503(7), 2515 193.625(2), 197.2425 197.253(2),197.301(2), and 197.2301(11)). 2516 (c) The right to file a petition for exemption or 2517 agricultural classification with the value adjustment board when 2518 an application deadline is missed, upon demonstration of 2519 particular extenuating circumstances for filing late (see ss. 2520 193.461(3)(a) and 196.011(1), (7), (8), and (9)(e)). 2521 (d) The right to prior notice of the value adjustment 2522 board's hearing date and the right to the hearing within hours 2523 of scheduled time (see s. 194.032(2)). 2524 (e) The right to notice of date of certification of tax 2525 rolls and receipt of property record card if requested (see ss. 2526 193.122(2) and (3) and 194.032(2)). 2527 (f) The right, in value adjustment board proceedings, to 2528 have all evidence presented and considered at a public hearing 2529 at the scheduled time, to be represented by an attorney or 2530 agent, to have witnesses sworn and cross-examined, and to 2531 examine property appraisers or evaluators employed by the board 2532 who present testimony (see ss. 194.034(1)(a) and (c) and (4), 2533 and 194.035(2)). 2534 (g) The right to be sent mailed a timely written decision 2535 by the value adjustment board containing findings of fact and 2536 conclusions of law and reasons for upholding or overturning the 2537 determination of the property appraiser, and the right to 2538 advertised notice of all board actions, including appropriate 2539 narrative and column descriptions, in brief and nontechnical 2540 language (see ss. 194.034(2) and 194.037(3)). 2541 (h) The right at a public hearing on non-ad valorem 2542 assessments or municipal special assessments to provide written 2543 objections and to provide testimony to the local governing board 2544 (see ss. 197.3632(4)(c) and 170.08). 2545 (i) The right to bring action in circuit court to contest 2546 a tax assessment or appeal value adjustment board decisions to 2547 disapprove exemption or deny tax deferral (see ss. 194.036(1)(c) 2548 and (2), 194.171, 196.151, and 197.2425 197.253(2) ). 2549 (3) THE RIGHT TO REDRESS.-2550 (a) The right to discounts for early payment on all taxes 2551 and non-ad valorem assessments collected by the tax collector, 2552 except for partial payments as defined in s. 197.374, the right 2553 to pay installment payments with discounts, and the right to pay 2554 delinquent personal property taxes under a an installment 2555 payment program when implemented by the county tax collector 2556 (see ss. 197.162, 197.3632(8) and (10)(b)3., 197.222(1), and 2557 197.4155). 2558 (b) The right, upon filing a challenge in circuit court 2559 and paying taxes admitted in good faith to be owing, to be 2560 issued a receipt and have suspended all procedures for the 2561 collection of taxes until the final disposition of the action 2562 (see s. 194.171(3)). 2563 (c) The right to have penalties reduced or waived upon a 2564 showing of good cause when a return is not intentionally filed 2565 late, and the right to pay interest at a reduced rate if the 2566 court finds that the amount of tax owed by the taxpayer is 2567 greater than the amount the taxpayer has in good faith admitted 2568 and paid (see ss. 193.072(4) and 194.192(2)). 2569 (d) The right to a refund when overpayment of taxes has 2570 been made under specified circumstances (see ss. 193.1145(8)(e) 2571 and 197.182(1)). 2572 (e) The right to an extension to file a tangible personal 2573 property tax return upon making proper and timely request (see 2574 s. 193.063). 2575 (f) The right to redeem real property and redeem tax 2576 certificates at any time before full payment for a tax deed is 2577 made to the clerk of the court, including documentary stamps and 2578 recording fees issued,and the right to have tax certificates 2579 canceled if sold where taxes had been paid or if other error 2580 makes it void or correctable. Property owners have the right to 2581 be free from contact by a certificateholder for years after 2582 April of the year the tax certificate is issued (see ss. 2583 197.432 (13) and (14) (14) and (15),197.442(1), 197.443, and 2584 197.472(1) and (6) (7) ). 2585 (g) The right of the taxpayer, property appraiser, tax 2586 collector, or the department, as the prevailing party in a 2587 judicial or administrative action brought or maintained without 2588 the support of justiciable issues of fact or law, to recover all 2589 costs of the administrative or judicial action, including 2590 reasonable attorney's fees, and of the department and the 2591 taxpayer to settle such claims through negotiations (see ss. 2592 57.105 and 57.111). 2593 (4) THE RIGHT TO CONFIDENTIALITY.-2594 (a) The right to have information kept confidential, 2595 including federal tax information, ad valorem tax returns, 2596 social security numbers, all financial records produced by the 2597 taxpayer, Form DR-219 returns for documentary stamp tax 2598 information, and sworn statements of gross income, copies of 2599 federal income tax returns for the prior year, wage and earnings 2600 statements (W-2 forms), and other documents (see ss. 192.105, 2601 193.074, 193.114(5), 195.027(3) and (6), and 196.101(4)(c)). 2602 (b) The right to limiting access to a taxpayer's records by a 2603 property appraiser, the Department of Revenue, and the Auditor 2604 General only to those instances in which it is determined that 2605 such records are necessary to determine either the 2606 classification or the value of taxable nonhomestead property 2607 (see s. 195.027(3)). 2608 Section 54. Paragraph (d) of subsection (3) of section 2609 194.011, Florida Statutes, is amended to read: 2610 194.011 Assessment notice; objections to assessments.-2611 (3) A petition to the value adjustment board must be in 2612 substantially the form prescribed by the department. 2613 Notwithstanding s. 195.022, a county officer may not refuse to 2614 accept a form provided by the department for this purpose if the 2615 taxpayer chooses to use it. A petition to the value adjustment 2616 board shall describe the property by parcel number and shall be 2617 filed as follows: 2618 (d) The petition may be filed, as to valuation issues, at 2619 any time during the taxable year on or before the 25th day 2620 following the mailing of notice by the property appraiser as 2621 provided in subsection (1). With respect to an issue involving 2622 the denial of an exemption, an agricultural or high-water 2623 recharge classification application, an application for 2624 classification as historic property used for commercial or 2625 certain nonprofit purposes, or a deferral, the petition must be 2626 filed at any time during the taxable year on or before the 30th 2627 day following the mailing of the notice by the property 2628 appraiser under s. 193.461, s. 193.503, s. 193.625, or s. 2629 196.193 or notice by the tax collector under s. 197.2425 2630 197.253.2631 Section 55. Subsection (1) of section 194.013, Florida 2632 Statutes, is amended to read: 2633 194.013 Filing fees for petitions; disposition; waiver.-2634 (1) If so required by resolution of the value adjustment 2635 board, a petition filed pursuant to s. 194.011 shall be 2636 accompanied by a filing fee to be paid to the clerk of the value 2637 adjustment board in an amount determined by the board not to 2638 exceed $15 for each separate parcel of property, real or 2639 personal, covered by the petition and subject to appeal. 2640 However, no such filing fee may be required with respect to an 2641 appeal from the disapproval of homestead exemption under s. 2642 196.151 or from the denial of tax deferral under s. 197.2425 2643 197.253.Only a single filing fee shall be charged under this 2644 section as to any particular parcel of property despite the 2645 existence of multiple issues and hearings pertaining to such 2646 parcel. For joint petitions filed pursuant to s. 194.011(3)(e) 2647 or (f), a single filing fee shall be charged. Such fee shall be 2648 calculated as the cost of the special magistrate for the time 2649 involved in hearing the joint petition and shall not exceed $5 2650 per parcel. Said fee is to be proportionately paid by affected 2651 parcel owners. 2652 Section 56. Subsection (12) of section 196.011, Florida 2653 Statutes, is amended to read: 2654 196.011 Annual application required for exemption.-2655 (12) Notwithstanding subsection (1), if when the owner of 2656 property otherwise entitled to a religious exemption from ad 2657 valorem taxation fails to timely file an application for 2658 exemption, and because of a misidentification of property 2659 ownership on the property tax roll the owner is not properly 2660 notified of the tax obligation by the property appraiser and the 2661 tax collector, the owner of the property may file an application 2662 for exemption with the property appraiser. The property 2663 appraiser must consider the application, and if he or she 2664 determines the owner of the property would have been entitled to 2665 the exemption had the property owner timely applied, the 2666 property appraiser must grant the exemption. Any taxes assessed 2667 on such property shall be canceled, and if paid, refunded. Any 2668 tax certificates outstanding on such property shall be canceled 2669 and refund made pursuant to s. 197.432(11) s. 197.432(10).2670 Section 57. Subsection (1) of section 197.374, Florida 2671 Statutes, is amended to read: 2672 197.374 Partial payment of current year taxes.-2673 (1) As used in this section, the term "partial payment" 2674 means a payment that is less than the full amount of taxes due. 2675 The term does not include payments made pursuant to s. 194.171, 2676 s. 196.295, s. 197.222, s. 197.252, or s. 197.2524 s. 197.303.2677 Section 58. Section 197.603, Florida Statutes, is created 2678 to read: 2679 197.603 Declaration of legislative findings and intent.-2680 The Legislature finds that the state has a strong interest in 2681 ensuring due process and public confidence in a uniform, fair, 2682 efficient, and accountable collection of property taxes by 2683 county tax collectors. Therefore, tax collections shall be 2684 supervised by the Department of Revenue pursuant to s. 2685 195.002(1). The Legislature intends that the property tax 2686 collection authorized by this chapter under s. 9(a), Art. VII of 2687 the State Constitution be free from the influence or the 2688 appearance of influence of the local governments that levy 2689 property taxes and receive property tax revenues. 2690 Section 59. Sections 197.202, 197.242, 197.304, 197.3041, 2691 197.3042, 197.3043, 197.3044, 197.3045, 197.3046, 197.3047, 2692 197.307, 197.3072, 197.3073, 197.3074, 197.3075, 197.3076, 2693 197.3077, 197.3078, and 197.3079, Florida Statutes, are 2694 repealed. 2695 Section 60. This act shall take effect July 1, 2011.
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Property Taxation
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Revises legislative findings; provides legislative intent; provides requirements for faith- & character-based programs; deletes provisions relating to funding; revises requirements for participation; deletes provisions relating to assignment of chaplains; allows peer-to-peer programming whenever appropriate.
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An act relating to faith-and character-based correctional institution programs; amending s. 944.803, F.S.; revising legislative findings; providing legislative intent; providing requirements for faith-and character-based programs; deleting provisions relating to funding; revising requirements for participation; deleting provisions relating to assignment of chaplains; allowing peer-to-peer programming whenever appropriate; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Section 944.803, Florida Statutes, is amended to read: 944.803 Faith-and character-based Faith-based programs for inmates.-(1) The Legislature finds and declares that faith-and character-based faith-based programs offered in state and private correctional institutions and facilities have the potential to facilitate inmate institutional adjustment, help inmates assume personal responsibility, and reduce recidivism. (2) It is the intent of the Legislature that the department expand the faith-and character-based initiative through the use of faith-and character-based institutions. The department is encouraged to phase out the faith-based and self improvement dormitory programs and move toward the goal of only implementing faith-and character-based institutions. (3) (2) It is the intent of the Legislature that the department of Corrections and the private vendors operating private correctional facilities shall continuously: (a) Measure recidivism rates for inmates who have participated in faith-and character-based religious programs.; (b) Increase the number of volunteers who minister to inmates from various faith-based and secular institutions in the community.; (c) Develop community linkages with secular institutions as well as churches, synagogues, mosques, and other faith-based institutions to assist inmates in their release back into the community.; and (d) Fund through the use of annual appropriations, in department facilities, and through inmate welfare trust funds pursuant to s. 945.215, in private facilities, an adequate number of chaplains and support staff to operate faith-based programs in correctional institutions. (4)(a) (3) The department must have at least six new programs fully operational. These six programs shall be similar to and in addition to the current faith-based pilot program. The six new programs shall be a joint effort with the department and faith-based service groups within the community. The department shall ensure that an inmate's faith orientation, or lack thereof, will not be considered in determining admission to a faith-and character-based faith-based program and that the program does not attempt to convert an inmate toward a particular faith or religious preference. (b) The programs shall operate hours a day within the existing correctional facilities and.The programs must emphasize the importance of personal responsibility, meaningful work, education, substance abuse treatment, and peer support. (c) Participation in a the faith-based dormitory program shall be voluntary. However, at least percent of the inmates participating in this program must be within months of release. Assignment to a program these programs shall be based on evaluation and the length of time the inmate is projected to be assigned to that particular institution. In evaluating an inmate for this program, priority shall be given to inmates who have shown an indication for substance abuse. A right to substance abuse program services is not stated, intended, or otherwise implied by this subsection. The department may not remove an inmate once assigned to a the program except for the purposes of population management, for inmate conduct that may subject the inmate to disciplinary confinement or loss of gain-time, for physical or mental health concerns, or for security or safety concerns. To support the programming component, the department shall assign a chaplain and a full-time clerical support person dedicated to each dormitory to implement and monitor the program and to strengthen volunteer participation and support. (4) The Department of Corrections shall assign chaplains to community correctional centers authorized pursuant to s. 945.091(1)(b). These chaplains shall strengthen volunteer participation by recruiting volunteers in the community to assist inmates in transition, and, if requested by the inmate, placement in a mentoring program or at a contracted substance abuse transition housing program. When placing an inmate in a contracted program, the chaplain shall work with the institutional transition assistance specialist in an effort to successfully place the released inmate. (5) The department shall ensure that any faith component of any program authorized in this chapter is offered on a voluntary basis and, an offender's faith orientation, or lack thereof, will not be considered in determining admission to such a faith-based program and that the program does not attempt to convert an offender toward a particular faith or religious preference. (6) Within faith-and character-based institutions of the state correctional system, peer-to-peer programming shall be allowed, such as Alcoholics Anonymous, literacy instruction, and other activities, when appropriate. (7) (6) The department shall ensure that state funds are not expended for the purpose of furthering religious indoctrination, but rather, that state funds are expended for purposes of furthering the secular goals of criminal rehabilitation, the successful reintegration of offenders into the community, and the reduction of recidivism. Section 2. This act shall take effect upon becoming a law.
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Faith- and Character-based Correctional Programs
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