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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. | 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. | Solid Waste Disposal/H 569 New Effective Date |
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: | 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. | Appropriations/Shands Teaching Hospital |
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: | 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. | Appropriations/Shands Teaching Hospital |
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. | 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. | Petroleum Contamination Site Cleanup/H 1385 |
Delays the implementation date of provisions requiring the Department of Health to administer an onsite sewage treatment and disposal system evaluation program. | 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. | Public Health |
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. | 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. | Solid Waste Disposal/H 569 New Effective Date |
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. | 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. | State-owned Lands/S 1516 New Effective Date |
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: | 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. | Energy Efficiency Rebate Programs |
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. | 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. | Agriculture/H 981 New Effective Date |
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. | 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. | Rulemaking/H 1565 New Effective Date |
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. | 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. | Transportation Projects/S 1842 New Effective Date |
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. | 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. | Residential Property Sales/H 545 Effective Date |
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. | 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. | Agriculture/H 981 New Effective Date |
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. | 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. | Petroleum Contamination Site Cleanup/H 1385 |
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. | 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. | Residential Property Sales/H 545 Effective Date |
Recognizes the value provided to this state by NASCAR, the Homestead-Miami Speedway, and the Ford Championship Weekend. | 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. | NASCAR/Homestead-Miami Speedway/Ford Championship |
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. | 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. | Florida Medicaid Program |
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. | 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. | Rulemaking/H 1565 New Effective Date |
Delays implementation date of provisions requiring DOH to administer onsite sewage treatment & disposal system evaluation program. | 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. | Public Health |
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: | 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. | Energy Efficiency Rebate Programs |
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. | 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. | Health Care Services |
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. | 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. | Health Insurance |
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. | 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. | Florida College System Institution Student Fees |
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. | 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. | Child-restraint Requirements |
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. | 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. | Military Veterans Convicted of Criminal Offenses |
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. | 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. | Onsite Sewage Treatment and Disposal Systems |
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. | 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. | Office of Chief Technology Officer |
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. | 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. | Parole for Juvenile Offenders |
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. | 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. | Public Employee Compensation |
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." | 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. | Florida College System Institutions |
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. | 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. | Massage Therapy |
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: | 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. | Relief/Eric Brody/Broward County Sheriff's Office |
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. | 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. | Postsecondary Student Fees |
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. | 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. | Career and Education Planning |
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. | 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. | Regulation of Firearms and Ammunition |
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. | 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. | Student Assessment in the Public Schools |
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. | 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. | Student Assessment in the Public Schools |
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. | 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. | Code of Student Conduct |
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: | 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. | Relief/Kamel & Dimitri/Palm Beach Co. School Board |
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. | 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. | Service of Process |
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. | 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. | Teatment-based Drug Court Programs |
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. | 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. | Use of Wireless Communications Devices/Driving |
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