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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 |
Requires each county or municipal detention facility to receive periodic state certification from DOC; provides for remedial measures for violations; authorizes rulemaking; makes editorial revisions. | An act relating to county and municipal detention facilities; amending s. 951.23, F.S.; providing a definition; conforming provisions; deleting an obsolete date; requiring each county or municipal detention facility to receive periodic state certification from the Department of Corrections; providing for remedial measures for violations; authorizing rulemaking to develop certification standards and for remedial measures; authorizing a position within the Department of Corrections; providing an effective date. 13 Be It Enacted by the Legislature of the State of Florida: 15 Section 1. Subsections (1), (2), and (3), paragraph (a) of subsection (4), and subsections (8) and (10) of section 951.23, Florida Statutes, are amended, and subsection (11) is added to that section, to read: 951.23 County and municipal detention facilities; definitions; administration; standards and requirements.-(1) DEFINITIONS.-As used in this section, the term: (a) "County detention facility" means a county jail, a county stockade, a county work camp, a county residential probation center, and any other place except a municipal detention facility used by a county or county officer for the detention of persons charged with or convicted of either felony or misdemeanor. (b) "County residential probation center" means a county-operated facility housing offenders serving misdemeanor sentences or first-time felony sentences. Such facilities shall provide or contract for the provision of the programs established under s. 951.231. (c) "County prisoner" means a person who is detained in a county detention facility by reason of being charged with or convicted of either felony or misdemeanor. (d) "Department" means the Department of Corrections. (e) (d) "Municipal detention facility" means a city jail, a city stockade, a city prison camp, and any other place except a county detention facility used by a municipality or municipal officer for the detention of persons charged with or convicted of violation of municipal laws or ordinances. (f) (e) "Municipal prisoner" means a person who is detained in a municipal detention facility by reason of being charged with or convicted of violation of municipal law or ordinance. (g) (f) "Reduced custody housing area" means that area of a county detention facility or municipal detention facility which is designed to hold a large number of prisoners in a dormitory or barracks-type setting. The area may or may not have a security exterior, limited access, or exterior walls constructed of canvas, cloth, or any material similarly flexible or woven, which is flame resistant and is supported by a structural frame of metal or similar durable material. (2) COLLECTION OF INFORMATION.-In conjunction with the administrators of county detention facilities, the department of Corrections shall develop an instrument for the collection of information from the administrator of each county detention facility. Whenever possible, the information shall be transmitted by the administrator to the department of Corrections electronically or in a computer readable format. The information shall be provided on a monthly basis and shall include, but is not limited to, the following: (a) The number of persons housed per day who are: 1. Felons sentenced to cumulative sentences of incarceration of days or less. 2. Felons sentenced to cumulative sentences of incarceration of days or more. 3. Sentenced misdemeanants. 4. Awaiting trial on at least one felony charge. 5. Awaiting trial on misdemeanor charges only. 6. Convicted felons and misdemeanants who are awaiting sentencing. 7. Juveniles. 8. State parole violators. 9. State inmates who were transferred from a state correctional facility, as defined in s. 944.02, to the county detention facility. (b) The number of persons housed per day, admitted per month, and housed on the last day of the month, by age, race, sex, country of citizenship, country of birth, and immigration status classified as one of the following: 1. Permanent legal resident of the United States. 2. Legal visitor. 3. Undocumented or illegal alien. 4. Unknown status. (c) The number of persons housed per day: 1. Pursuant to part I of chapter 394, "The Florida Mental Health Act." 2. Pursuant to chapter 397, "Substance Abuse Services." (d) The cost per day for housing a person in the county detention facility. (e) The number of persons admitted per month, and the number of persons housed on the last day of the month, by age, race, and sex, who are: 1. Felons sentenced to cumulative sentences of incarceration of days or less. 2. Felons sentenced to cumulative sentences of incarceration of days or more. 3. Sentenced misdemeanants. 4. Awaiting trial on at least one felony charge. 5. Awaiting trial on misdemeanor charges only. 6. Convicted felons and misdemeanants who are awaiting sentencing. 7. Juveniles. 8. State parole violators. 9. State inmates who were transferred from a state correctional facility, as defined in s. 944.02, to the county detention facility. (f) The number of persons admitted per month, by age, race, and sex: 1. Pursuant to part I of chapter 394, "The Florida Mental Health Act." 2. Pursuant to chapter 397, "Substance Abuse Services." (3) ANALYSIS AND USE OF INFORMATION; LISTS OF CONSTRUCTION PLANS.-The information shall be analyzed and evaluated by the department of Corrections for comparisons of various categories between counties and may be used for the provision of technical assistance, upon request of the chief correctional officer. Such assistance may include, but is not limited to, enhancement of existing pretrial intervention programs and state reimbursement for operational, renovation, or construction costs for county detention facilities. (4) STANDARDS FOR SHERIFFS AND CHIEF CORRECTIONAL OFFICERS.-(a) There shall be established a five-member working group consisting of three persons appointed by the Florida Sheriffs Association and two persons appointed by the Florida Association of Counties to develop model standards for county and municipal detention facilities. By October 1, 1996, Each sheriff and chief correctional officer shall adopt, at a minimum, the model standards with reference to: 1.a. The construction, equipping, maintenance, and operation of county and municipal detention facilities. b. The cleanliness and sanitation of county and municipal detention facilities; the number of county and municipal prisoners who may be housed therein per specified unit of floor space; the quality, quantity, and supply of bedding furnished to such prisoners; the quality, quantity, and diversity of food served to them and the manner in which it is served; the furnishing to them of medical attention and health and comfort items; and the disciplinary treatment which may be meted out to them. 143 Notwithstanding the provisions of the otherwise applicable building code, a reduced custody housing area may be occupied by inmates or may be used for sleeping purposes as allowed in subsection (7). The sheriff or chief correctional officer shall provide that a reduced custody housing area shall be governed by fire and life safety standards which do not interfere with the normal use of the facility and which affect a reasonable degree of compliance with rules of the State Fire Marshal for correctional facilities. 2. The confinement of prisoners by classification and providing, whenever possible, for classifications which separate males from females, juveniles from adults, felons from misdemeanants, and those awaiting trial from those convicted and, in addition, providing for the separation of special risk prisoners, such as the mentally ill, alcohol or narcotic addicts, sex deviates, suicide risks, and any other classification which the local unit may deem necessary for the safety of the prisoners and the operation of the facility pursuant to degree of risk and danger criteria. Nondangerous felons may be housed with misdemeanants. (8) ASSISTANCE TO LOCAL GOVERNMENT.-Upon the request of a sheriff, or the chair of the board of county commissioners in a county in which the chief corrections officer is not a constitutional officer, the department of Corrections may provide technical assistance to local governments in the design and implementation of offender classification systems, evaluation of construction and financing alternatives, the development of community service programs, and the use of mutual aid programs in jail-sharing efforts. (10) RULE VIOLATIONS BY PRISONERS.-It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for a county prisoner or a municipal prisoner in a county detention facility to knowingly, on two or more occasions, violate a posted jail rule governing the conduct of prisoners, if the rule prohibits any of the following acts: (a) Assaulting any person; (b) Fighting with another person; (c) Threatening another with bodily harm, or any offense against another person or property; (d) Extortion, blackmail, protection, demanding or receiving money or anything of value in return for protection against others to avoid bodily harm, or under threat of informing; (e) Engaging in sexual acts with others; (f) Making sexual proposals or threats to another; (g) Indecent exposure; (h) Escape; (i) Attempting or planning escape; (j) Wearing a disguise or mask; (k) Setting a fire; (l) Destroying, altering, damaging, or defacing government property or the property of another person; (m) Stealing (theft); (n) Tampering with or blocking any locking device; (o) Adulteration of any food or drink; (p) Possession or introduction of any explosive, ammunition, firearm, or weapon; (q) Possession of contraband; (r) Misuse of authorized medication; (s) Loaning of property or anything of value for profit or increased return; (t) Possession of anything not authorized for retention or receipt by the inmate and not issued to him or her through regular institutional channels; (u) Mutilating or altering issued clothing, bedding, linen, or mattresses; (v) Rioting; (w) Encouraging others to riot; (x) Engaging in or encouraging a group demonstration; (y) Refusing to work; (z) Encouraging others to refuse to work or participating in work stoppage; (aa) Refusing to obey a reasonable order of any staff member; (bb) Unexcused absence from work or any assignment; (cc) Malingering; feigning an illness or injury; (dd) Failing to perform work as instructed by a supervisor; (ee) Lying or providing a false statement to a staff member; (ff) Conduct which disrupts or interferes with the security or orderly running of the institution; (gg) Counterfeiting, forging, or unauthorized reproduction of any document, article, or identification, money, security, or official paper; (hh) Participating in an unauthorized meeting or gathering; (ii) Being in an unauthorized area; (jj) Failure to follow safety or sanitation regulations; (kk) Using any equipment or machinery contrary to instructions or posted safety standards; (ll) Failing to stand count; (mm) Interfering with the taking of count; (nn) Making intoxicants or being intoxicated; (oo) Smoking where prohibited; (pp) Using abusive or obscene language; (qq) Gambling; preparing or conducting a gambling pool; possession of gambling paraphernalia; (rr) Being unsanitary or untidy; failing to keep one's person and one's quarters in accordance with posted standards; (ss) Tattooing or self-mutilation; (tt) Unauthorized use of mail or telephone; (uu) Unauthorized contacts with the public; (vv) Correspondence or conduct with a visitor in violation of posted regulations; (ww) Giving or offering any official or staff member a bribe or anything of value; or (xx) Giving money or anything of value to, or accepting money or anything of value from another inmate, a member of his or her family, or his or her friend. 254 Punishment for a violation of this subsection shall run consecutive to any other sentence. (11) CERTIFICATION OF FACILITIES.-(a) Each county detention facility or municipal detention facility must receive state certification every years that the facility is operated consistent with public safety, security, and efficiency. The department shall be the state agency responsible for developing inspection criteria, conducting inspections, and issuing certifications. If a facility fails inspection, the department shall manage and operate the facility, provide probationary status with a plan to achieve certification, or undertake any other remedial measures in the discretion of the Secretary of Corrections as may be appropriate and commensurate with the determined violations. (b) The department may adopt rules concerning certification standards for facilities under this subsection, for penalties, fines, or any other penalty measures to ensure compliance with this subsection, and for reimbursements by local governments to the state for costs incurred when it becomes necessary for the department to manage and operate a facility under this subsection. Section 2. For the 2011-2012 fiscal year, the Department of Corrections is authorized one additional full-time equivalent position to conduct the inspections and perform other duties required by s. 951.23(11), Florida Statutes, as created by this act. Section 3. This act shall take effect July 1, 2011. | County and Municipal Detention Facilities |
Designates act "Communication of Judicial Opinions Act"; requires clerks of State Supreme Court & district courts of appeal to transmit certain judicial opinions to Governor, President of Senate, & Speaker of House of Representatives within specified time. | An act relating to communications among the branches of state government; providing a short title; creating ss. 25.079 and 35.079, F.S.; requiring the clerks of the State Supreme Court and district courts of appeal to transmit certain judicial opinions to the Governor, the President of the Senate, and the Speaker of the House of Representatives within a specified time; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. This act may be cited as the "Communication of Judicial Opinions Act." Section 2. Section 25.079, Florida Statutes, is created to read: 25.079 Opinions having certain holdings; communication to Governor and Legislature.-(1) This section is specifically intended to facilitate communication among the three branches of government relating to the interpretation or constitutionality of Florida law. This section is not intended to provide to the legislative or executive branches any powers not granted by the State Constitution. (2) An opinion rendered by the Supreme Court which: (a) Declares a Florida statute, regulation, or governmental practice unconstitutional; (b) Recommends any statutory or regulatory change; or (c) Finds that the meaning of a statute is unclear, 31 shall be transmitted by the clerk of the Supreme Court to the Governor, the President of the Senate, and the Speaker of the House of Representatives within days after the opinion is published by the court. Section 3. Section 35.079, Florida Statutes, is created to read: 35.079 Opinions having certain holdings; communication to Governor and Legislature.-(1) This section is specifically intended to facilitate communication among the three branches of government relating to the interpretation or constitutionality of Florida law. This section is not intended to provide to the legislative or executive branches any powers not granted by the State Constitution. (2) An opinion rendered by a district court of appeal which: (a) Declares a Florida statute, regulation, or governmental practice unconstitutional; (b) Recommends any statutory or regulatory change; or (c) Finds that the meaning of a statute is unclear, 52 shall be transmitted by the clerk of the district court to the Governor, the President of the Senate, and the Speaker of the House of Representatives within days after the opinion is published by the court. Section 4. This act shall take effect July 1, 2011. | Communications Among Branches of State Government |
Requires FDLE to issue blue alert if law enforcement officer has been killed, suffered serious bodily injury, or been assaulted & suspect has fled scene, or if law enforcement officer is missing while in line of duty; requires that blue alert be disseminated on emergency alert system through specified means; provides that emergency traffic information may take precedence over blue alert information. | An act relating to assault or battery of a law enforcement officer; creating s. 784.071, F.S.; requiring the Department of Law Enforcement to issue a blue alert if a law enforcement officer has been killed, suffered serious bodily injury, or been assaulted and the suspect has fled the scene, or if a law enforcement officer is missing while in the line of duty; requiring that the blue alert be disseminated on the emergency alert system through television, radio, and highway signs; providing that emergency traffic information may take precedence over blue alert information; providing an effective date. 14 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. Section 784.071, Florida Statutes, is created to read: 784.071 Assault or battery on a law enforcement officer; missing while in line of duty; blue alert.-(1) At the request of an authorized person employed at a law enforcement agency, the Department of Law Enforcement, in cooperation with the Department of Highway Safety and Motor Vehicles and the Department of Transportation, shall activate the emergency alert system and issue a blue alert if all of the following conditions are met: (a)1. A law enforcement officer has been killed, has suffered serious bodily injury, or has been assaulted with a deadly weapon; or 2. A law enforcement officer is missing while in the line of duty under circumstances evidencing concern for the law enforcement officer's safety; (b) The suspect has fled the scene of the offense; (c) The law enforcement agency investigating the offense determines that the suspect poses an imminent threat to the public or to other law enforcement officers; (d) A detailed description of the suspect's vehicle, or other means of escape, or the license plate of the suspect's vehicle is available for broadcasting; (e) Dissemination of available information to the public may help avert further harm or assist in the apprehension of the suspect; and (f) If the law enforcement officer is missing, there is sufficient information available relating to the officer's last known location and physical description, and the description of any vehicle involved, including the license plate number or other identifying information, to be broadcast to the public and other law enforcement agencies, which could assist in locating the missing law enforcement officer. (2)(a) The blue alert shall be immediately disseminated to the public through the emergency alert system by broadcasting the alert on television, radio, and the dynamic message signs that are located along the state's highways. (b) If a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a highway message sign in lieu of the blue alert information, the agency responsible for displaying information on the highway message sign is not in violation of this section. Section 2. This act shall take effect October 1, 2011. | Assault or Battery of a Law Enforcement Officer |
Proposes creation of s. 22, Art. III of State Constitution to require Legislature by general law to adopt rules governing time limits, procedures, & processes relating to all death penalty cases & related proceedings in all courts. | A joint resolution proposing the creation of Section of Article III of the State Constitution to require the Legislature by general law to adopt rules governing time limits, procedures, and processes relating to all death penalty cases and related proceedings in all courts. 8 Be It Resolved by the Legislature of the State of Florida: 10 That the following creation of Section of Article III of the State Constitution is agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose: ARTICLE III LEGISLATURE SECTION 22. Death penalty.-Notwithstanding any other provision of this constitution, the Legislature by general law shall adopt rules governing time limits, procedures, and processes relating to all death penalty cases and related proceedings in all courts. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENT ARTICLE III, SECTION 26 DEATH PENALTY CASES.-The State Constitution currently provides that the Florida Supreme Court adopts rules for practice and procedure for all state courts in all cases. Proposing an amendment to the State Constitution to require the Legislature by general law to adopt rules governing time limits, procedures, and processes relating to all death penalty cases and related proceedings in all courts. | Death Penalty Cases |
Increases percentage of state revenues deposited into State Transportation Trust Fund to be committed by DOT for public transportation projects; directs portion of those revenues to be used for public transit pursuant to specified provisions. | An act relating to transportation funding; amending s. 206.46, F.S.; increasing the percentage of state revenues deposited into the State Transportation Trust Fund to be committed by the Department of Transportation for public transportation projects; directing a portion of those revenues to be used for public transit pursuant to specified provisions; providing an effective date. 10 Be It Enacted by the Legislature of the State of Florida: 12 Section 1. Section 206.46, Florida Statutes, is amended to read: 206.46 State Transportation Trust Fund.-(1) All moneys in the State Transportation Trust Fund, which is hereby created, shall be used for transportation purposes, as provided by law, under the direction of the Department of Transportation, which department may from time to time make requisition on the Chief Financial Officer for such funds. Moneys from such fund shall be drawn by the Chief Financial Officer by warrant upon the State Treasury pursuant to vouchers and shall be paid in like manner as other state warrants are paid out of the appropriated fund against which the warrants are drawn. All sums of money necessary to provide for the payment of the warrants by the Chief Financial Officer drawn upon such fund are appropriated annually out of the fund for the purpose of making such payments from time to time. (2) Notwithstanding any other provisions of law, from the revenues deposited into the State Transportation Trust Fund a maximum of percent in each fiscal year shall be transferred into the Right-of-Way Acquisition and Bridge Construction Trust Fund created in s. 215.605, as needed to meet the requirements of the documents authorizing the bonds issued or proposed to be issued under ss. 215.605 and 337.276 or at a minimum amount sufficient to pay for the debt service coverage requirements of outstanding bonds. Notwithstanding the percent annual transfer authorized in this subsection, the annual amount transferred under this subsection shall not exceed an amount necessary to provide the required debt service coverage levels for a maximum debt service not to exceed $275 million. Such transfer shall be payable primarily from the motor and diesel fuel taxes transferred to the State Transportation Trust Fund from the Fuel Tax Collection Trust Fund. (3) (a) Each fiscal year, a minimum of percent of all state revenues deposited into the State Transportation Trust Fund shall be committed annually by the Department of Transportation department for public transportation projects in accordance with chapter 311, ss. 332.003-332.007, chapter 341, and chapter 343. (b) Each fiscal year, a minimum of percent of all state revenues deposited into the State Transportation Trust Fund pursuant to paragraph (a), which are committed annually by the Department of Transportation for public transportation projects, shall be specifically committed to public transit in accordance with chapter 341. (4) The Department of Transportation department may authorize the investment of the earnings accrued and collected upon the investment of the minimum balance of funds required to be maintained in the State Transportation Trust Fund pursuant to s. 339.135(6)(b). (5) Notwithstanding any other provision of law, the Department of Transportation department may covenant to pay all or any part of the costs of operation and maintenance of any existing or future department-owned toll facility or system directly from moneys in the State Transportation Trust Fund which will be reimbursed from turnpike revenues after the payment of debt service and other bond resolution accounts as needed to protect the integrity of the toll facility or system. If such reimbursement is determined to adversely impact the toll facility or system, the reimbursement obligation shall become a debt payable to the State Transportation Trust Fund to be reimbursed over an agreed-upon period of time. The Department of Transportation department shall take into account projections of operation and maintenance reimbursements in the financing of the tentative and adopted work programs. The state does hereby covenant that it will not repeal or impair or amend this section in any manner that will materially and adversely affect the rights of bondholders so long as bonds authorized pursuant to the provisions of this subsection are outstanding. Section 2. This act shall take effect July 1, 2011. | Transportation Funding |
Requires retailer of lottery tickets to provide assistance to individual who is blind or visually impaired & has requested assistance in filling out his or her lottery ticket; provides that retailer or employee of retailer is not liable under certain circumstances. | An act relating to state lotteries; amending s. 24.112, F.S.; requiring each retailer of lottery tickets to provide assistance to any individual who is blind or visually impaired and has requested assistance in filling out his or her lottery ticket; providing a definition; providing that a retailer or an employee of the retailer is not liable under certain circumstances; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. Subsection (13) of section 24.112, Florida Statutes, is amended to read: 24.112 Retailers of lottery tickets.-(13) (a) Each retailer shall provide accessibility for disabled persons on habitable grade levels. This paragraph subsection does not apply to a retail location which has an entrance door threshold more than inches above ground level. As used in this paragraph herein and for purposes of this subsection only,the term "accessibility for disabled persons on habitable grade levels" means that retailers shall provide ramps, platforms, aisles and pathway widths, turnaround areas, and parking spaces to the extent these are required for the retailer's premises by the particular jurisdiction where the retailer is located. Accessibility shall be required to only one point of sale of lottery tickets for each lottery retailer location. The requirements of this paragraph subsection shall be deemed to have been met if, in lieu of the foregoing, disabled persons can purchase tickets from the retail location by means of a drive-up window, provided the hours of access at the drive-up window are not less than those provided at any other entrance at that lottery retailer location. Inspections for compliance with this paragraph subsection shall be performed by those enforcement authorities responsible for enforcement pursuant to s. 553.80 in accordance with procedures established by those authorities. Those enforcement authorities shall provide to the Department of the Lottery a certification of noncompliance for any lottery retailer not meeting such requirements. (b) Each retailer shall provide assistance to any individual who is blind or visually impaired and has requested assistance in filling out his or her lottery ticket. As used in this paragraph, the term "assistance" means the inputting and printing of the requested lottery ticket as communicated verbally or in writing by the blind or visually impaired individual. A retailer or an employee of the retailer is not liable for any alleged or actual scrivener's error absent a finding of intentional fraud or malice by a court of competent jurisdiction. Section 2. This act shall take effect July 1, 2011. | State Lotteries |
Provides that person who violates open house party statute second or subsequent time commits misdemeanor of first degree; provides that person commits misdemeanor of first degree if violation of open house party statute causes or contributes to causing serious bodily injury or death to minor, or causes or contributes to causing serious bodily injury or death to another person as result of minor's consumption of alcohol or drugs at open house party, etc. | An act relating to open house parties; amending s. 856.015, F.S.; providing that a person who violates the open house party statute a second or subsequent time commits a misdemeanor of the first degree; providing that a person commits a misdemeanor of the first degree if the violation of the open house party statute causes or contributes to causing serious bodily injury or death to the minor, or causes or contributes to causing serious bodily injury or death to another person as a result of the minor's consumption of alcohol or drugs at the open house party; providing criminal penalties; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Subsections (2) and (4) of section 856.015, Florida Statutes, are amended, and subsection (5) is added to that section, to read: 856.015 Open house parties.-(2) A No person having control of any residence may not shall allow an open house party to take place at the said residence if any alcoholic beverage or drug is possessed or consumed at the said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at the said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. (4) Any person who violates any of the provisions of subsection (2) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who violates subsection (2) a second or subsequent time commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (5) If a violation of subsection (2) causes or contributes to causing serious bodily injury, as defined in s. 316.1933, or death to the minor, or if the minor causes or contributes to causing serious bodily injury or death to another as a result of the minor's consumption of alcohol or drugs at the open house party, the violation is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Section 2. This act shall take effect July 1, 2011. | Open House Parties |
Prohibits certain health insurance policies & health maintenance contracts from providing coverage for abortions; provides exceptions; defines term "state"; provides that certain restrictions on coverage for abortions apply to certain group health insurance policies issued or delivered outside state which provide coverage to residents of state; provides that certain restrictions on coverage for abortions apply to plans under Employee Health Care Access Act. | An act relating to health insurance; creating ss. 627.64995, 627.66995, and 641.31099, F.S.; prohibiting certain health insurance policies and health maintenance contracts from providing coverage for abortions; providing exceptions; defining the term "state"; amending s. 627.6515, F.S.; providing that certain restrictions on coverage for abortions apply to certain group health insurance policies issued or delivered outside the state which provide coverage to residents of the state; amending s. 627.6699, F.S.; providing that certain restrictions on coverage for abortions apply to plans under the Employee Health Care Access Act; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Section 627.64995, Florida Statutes, is created to read: 627.64995 Restrictions on use of state and federal funds for state exchanges.-(1) A health insurance policy under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the health insurance policy. (2) This section does not prohibit a health insurance policy from offering separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (3) As used in this section, the term "state" means this state or any political subdivision of the state. Section 2. Section 627.66995, Florida Statutes, is created to read: 627.66995 Restrictions on use of state and federal funds for state exchanges.-(1) A group, franchise, or blanket health insurance policy under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the group, franchise, or blanket health insurance policy. (2) This section does not prohibit a group, franchise, or blanket health insurance policy from offering separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (3) As used in this section, the term "state" means this state or any political subdivision of the state. Section 3. Section 641.31099, Florida Statutes, is created to read: 641.31099 Restrictions on use of state and federal funds for state exchanges.-(1) A health maintenance contract under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the health maintenance contract. (2) This section does not prohibit a health maintenance contract from offering separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (3) As used in this section, the term "state" means this state or any political subdivision of the state. Section 4. Paragraph (c) of subsection (2) of section 627.6515, Florida Statutes, is amended to read: 627.6515 Out-of-state groups.-(2) Except as otherwise provided in this part, this part does not apply to a group health insurance policy issued or delivered outside this state under which a resident of this state is provided coverage if: (c) The policy provides the benefits specified in ss. 627.419, 627.6574, 627.6575, 627.6579, 627.6612, 627.66121, 627.66122, 627.6613, 627.667, 627.6675, 627.6691, and 627.66911,and complies with the requirements of s. 627.66995.Section 5. Present subsection (17) of section 627.6699, Florida Statutes, is renumbered as subsection (18), and a new subsection (17) is added to that section, to read: 627.6699 Employee Health Care Access Act.-(17) RESTRICTIONS ON COVERAGE.-(a) A plan under which coverage is purchased in whole or in part with any state or federal funds through an exchange created pursuant to the federal Patient Protection and Affordable Care Act, Pub. L. No. 111-148, may not provide coverage for an abortion, as defined in s. 390.011(1), except if the pregnancy is the result of an act of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, which would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Coverage is deemed to be purchased with state or federal funds if any tax credit or cost-sharing credit is applied toward the plan. (b) This subsection does not prohibit a plan from providing any person or entity with separate coverage for an abortion if such coverage is not purchased in whole or in part with state or federal funds. (c) As used in this section, the term "state" means this state or any political subdivision of the state. Section 6. This act shall take effect July 1, 2011. | Health Insurance |
Prohibits person from using or applying cadmium in excess of specified amount on any item of children's jewelry, toy, or child care article sold in this state; provides exception; provides criminal penalty. | An act relating to cadmium in children's products; defining terms; prohibiting a person from using or applying cadmium in excess of a specified amount on any item of children's jewelry, toy, or child care article sold in this state; providing an exception; providing for a criminal penalty; providing an effective date. 9 Be It Enacted by the Legislature of the State of Florida: 11 Section 1. Cadmium in children's products; limitations on use of cadmium; exceptions; criminal penalties.-(1) As used in this section, the term: (a) "Child" means an individual who is years of age or younger, unless otherwise specified. (b) "Child care article" means a product designed or intended by the manufacturer to facilitate the sleep, relaxation, or feeding of a child or to help a child with sucking or teething. (c) "Children's jewelry" means jewelry that is made for, marketed for use by, or sold to a child. (d) "Consumer" means an actual or prospective purchaser, lessee, or recipient of consumer goods or services. (e) "Person" has the same meaning as provided in s. 1.01, Florida Statutes. (f) "Toy" means an article designed and made for the amusement of a child and for the child's use during play. (2) A person may not use or apply cadmium in excess of parts per million on any surface coating or substrate material on any item of children's jewelry, toy, or child care article, as determined through solubility testing for heavy metals defined in the ASTM International Safety Specification on Toy Safety, ASTM Standard F-963, if the product is sold in this state. This section does not apply to the sale of a collectible toy that is not marketed to or intended to be used for play by a child younger than years of age. (3) If a person who is not an individual consumer knowingly and intentionally violates subsection (2), that person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes. Section 2. This act shall take effect July 1, 2011. | Cadmium in Children's Products |
Provides for relief of William Dillon, who was wrongfully incarcerated for 27 years & exonerated by court after DNA testing; provides appropriation to compensate Mr. Dillon for his wrongful incarceration; directs CFO to draw warrant for purchase of annuity; provides for waiver of certain tuition & fees; provides conditions for payment; provides that act does not waive certain defenses or increase state's liability; provides limitation on payment of fees & costs; provides that certain benefits are void upon a finding that Mr. Dillon is not innocent, etc. CLAIM WITH APPROPRIATION: | WHEREAS, even though the current State Attorney, an assistant public defender at the time of Mr. Dillon's conviction, publicly stated that dog scent evidence should be banned because it had not "reached the level of reasonable scientific credibility," the State of Florida allowed a discredited dog handler to provide false and implausible testimony improperly connecting William Dillon to the murder, and WHEREAS, the same dog handler provided false testimony against Juan Ramos and Wilton Dedge, and WHEREAS, in exchange for dismissal of a charge of sexual battery on a child, a jailhouse informant manufactured false testimony against William Dillon which improperly connected him to the murder, and WHEREAS, a key witness, after having sexual relations with the lead investigating detective, was threatened with excessive incarceration unless she falsely implicated William Dillon in the murder, and WHEREAS, the Circuit Court in the Eighteenth Judicial Circuit granted the state's motion to discharge William Dillon from custody based on DNA evidence that excluded William Dillon as the perpetrator of the crime, and WHEREAS, William Dillon was released on November 18, 2008, and WHEREAS, the Legislature acknowledges that the state's system of justice yielded an imperfect result that had tragic consequences in this case, and WHEREAS, William Dillon was subjected to severe physical and sexual abuse during his wrongful incarceration, and WHEREAS, William Dillon incurred severe and permanent dental damage as a result of a lack of dental care while incarcerated, and WHEREAS, the Legislature acknowledges that, as a result of his conviction and physical confinement, William Dillon suffered significant damages that are unique to William Dillon and all of those damages are due to the fact that he was physically restrained and prevented from exercising the freedom to which all innocent citizens are entitled, and WHEREAS, William Dillon, before his wrongful conviction for the above-mentioned crime, pleaded guilty to a nonviolent felony when he was years old, and WHEREAS, because of his prior felony conviction, William Dillon is ineligible for compensation for each year of wrongful incarceration under chapter 961, Florida Statutes, and WHEREAS, the Legislature is providing compensation to William Dillon to acknowledge the fact that he suffered significant damages that are unique to William Dillon and are the result of his physical restraint and deprivation of freedom, and WHEREAS, the Legislature is providing compensation to William Dillon based on a moral desire to acknowledge his undisputed and actual innocence, not in recognition of a constitutional right or violation, and WHEREAS, the compensation provided by this act is the sole compensation from the state for any and all present and future claims arising out of the factual situation in connection with William Dillon's wrongful conviction and incarceration, and WHEREAS, the Legislature apologizes to William Dillon on behalf of the state, NOW, THEREFORE, 78 Be It Enacted by the Legislature of the State of Florida: 80 Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The sum of $810,000 is appropriated from the General Revenue Fund to the Department of Financial Services under the conditions provided in this act. Section 3. The Chief Financial Officer is directed to draw a warrant in the total sum specified in section for the purposes provided in this act. Section 4. The Department of Financial Services shall pay the funds appropriated under this act to an insurance company or other financial institution admitted and authorized to issue annuity contracts in this state and selected by William Dillon to purchase an annuity. The Department of Financial Services shall execute all necessary agreements to implement this act. Section 5. Tuition and fees for William Dillon shall be waived for up to a total of hours of instruction at any career center established pursuant to s. 1001.44, Florida Statutes, community college established under part III of chapter 1004, Florida Statutes, or state university. For any educational benefit made, William Dillon must meet and maintain the regular admission requirements of, and be registered at, such career center, community college, or state university and make satisfactory academic progress as defined by the educational institution in which he is enrolled. Section 6. The Chief Financial Officer shall purchase the annuity required by this act upon delivery by William Dillon to the Chief Financial Officer, the Department of Financial Services, the President of the Senate, and the Speaker of the House of Representatives of an executed release and waiver on behalf of William Dillon and his heirs, successors, and assigns forever releasing the State of Florida and any agency, instrumentality, officer, employee, or political subdivision thereof or any other entity subject to the provisions of s. 768.28, Florida Statutes, from any and all present or future claims or declaratory relief that the claimant or any of his heirs, successors, or assigns may have against such enumerated entities and arising out of the factual situation in connection with the conviction for which compensation is awarded. However, this act does not prohibit declaratory action to obtain judicial expungement of William Dillon's records within a judicial or executive branch agency as otherwise provided by law. Section 7. The Legislature by this act does not waive any defense of sovereign immunity or increase the limits of liability on behalf of the state or any person or entity that is subject to s. 768.28, Florida Statutes, or any other law. Section 8. This award is intended to provide the sole compensation for any and all present and future claims arising out of the factual situation in connection with William Dillon's conviction and imprisonment. A further award for attorney's fees, lobbying fees, costs, or other similar expenses may not be made by the state. Section 9. If a court of law finds that William Dillon, by DNA evidence or otherwise, is not innocent of the crime he is alleged to have committed, the unused benefits to which he is entitled under this act are void. Section 10. This act shall take effect upon becoming a law. | Relief/William Dillon/State of Florida |
Requires that all mammography reports include information & notice about breast density. | An act relating to mammogram reports; amending ss. 627.6418, 627.6613, and 641.31095, F.S.; requiring that all mammography reports include information and a notice about breast density; providing an effective date. 7 Be It Enacted by the Legislature of the State of Florida: 9 Section 1. Section 627.6418, Florida Statutes, is amended to read: 627.6418 Coverage for mammograms.-(1) An accident or health insurance policy issued, amended, delivered, or renewed in this state must provide coverage for at least the following: (a) A baseline mammogram for any woman who is years of age or older, but younger than years of age. (b) A mammogram every years for any woman who is years of age or older, but younger than years of age, or more frequently based on the patient's physician's recommendation. (c) A mammogram every year for any woman who is years of age or older. (d) One or more mammograms a year, based upon a physician's recommendation, for any woman who is at risk for breast cancer because of a personal or family history of breast cancer, because of having a history of biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has or has had breast cancer, or because a woman has not given birth before the age of 30. (2) Each mammography report provided to a patient shall include information about breast density based on the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, such report shall include the following notice: "If your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, including a breast ultrasound screening or a breast MRI examination, or both, depending on your individual risk factors. A report of your mammography results, which contains information about your breast density, has been sent to your physician's office and you should contact your physician if you have any questions or concerns about this report." (3) (2) Except as provided in paragraph (1)(b), for mammograms done more frequently than every years for women years of age or older but younger than years of age, the coverage required by subsection (1) applies, with or without a physician prescription, if the insured obtains a mammogram in an office, facility, or health testing service that uses radiological equipment registered with the Department of Health for breast cancer screening. The coverage is subject to the deductible and coinsurance provisions applicable to outpatient visits, and is also subject to all other terms and conditions applicable to other benefits. This section does not affect any requirements or prohibitions relating to who may perform, analyze, or interpret a mammogram or the persons to whom the results of a mammogram may be furnished or released. (4) (3) This section does not apply to disability income, specified disease, or hospital indemnity policies. (5) (4) Every insurer subject to the requirements of this section shall make available to the policyholder as part of the application, for an appropriate additional premium, the coverage required in this section without such coverage being subject to the deductible or coinsurance provisions of the policy. Section 2. Section 627.6613, Florida Statutes, is amended to read: 627.6613 Coverage for mammograms.-(1) A group, blanket, or franchise accident or health insurance policy issued, amended, delivered, or renewed in this state must provide coverage for at least the following: (a) A baseline mammogram for any woman who is years of age or older, but younger than years of age. (b) A mammogram every years for any woman who is years of age or older, but younger than years of age, or more frequently based on the patient's physician's recommendation. (c) A mammogram every year for any woman who is years of age or older. (d) One or more mammograms a year, based upon a physician's recommendation, for any woman who is at risk for breast cancer because of a personal or family history of breast cancer, because of having a history of biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has or has had breast cancer, or because a woman has not given birth before the age of 30. (2) Each mammography report provided to a patient shall include information about breast density based on the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, such report shall include the following notice: "If your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, including a breast ultrasound screening or a breast MRI examination, or both, depending on your individual risk factors. A report of your mammography results, which contains information about your breast density, has been sent to your physician's office and you should contact your physician if you have any questions or concerns about this report." (3) (2) Except as provided in paragraph (1)(b), for mammograms done more frequently than every years for women years of age or older but younger than years of age, the coverage required by subsection (1) applies, with or without a physician prescription, if the insured obtains a mammogram in an office, facility, or health testing service that uses radiological equipment registered with the Department of Health for breast cancer screening. The coverage is subject to the deductible and coinsurance provisions applicable to outpatient visits, and is also subject to all other terms and conditions applicable to other benefits. This section does not affect any requirements or prohibitions relating to who may perform, analyze, or interpret a mammogram or the persons to whom the results of a mammogram may be furnished or released. (4) (3) Every insurer referred to in subsection (1) shall make available to the policyholder as part of the application, for an appropriate additional premium, the coverage required in this section without such coverage being subject to the deductible or coinsurance provisions of the policy. Section 3. Section 641.31095, Florida Statutes, is amended to read: 641.31095 Coverage for mammograms.-(1) Every health maintenance contract issued or renewed on or after January 1, 1996, shall provide coverage for at least the following: (a) A baseline mammogram for any woman who is years of age or older, but younger than years of age. (b) A mammogram every years for any woman who is years of age or older, but younger than years of age, or more frequently based on the patient's physician's recommendations. (c) A mammogram every year for any woman who is years of age or older. (d) One or more mammograms a year, based upon a physician's recommendation for any woman who is at risk for breast cancer because of a personal or family history of breast cancer, because of having a history of biopsy-proven benign breast disease, because of having a mother, sister, or daughter who has had breast cancer, or because a woman has not given birth before the age of 30. (2) Each mammography report provided to a patient shall include information about breast density based on the Breast Imaging Reporting and Data System established by the American College of Radiology. Where applicable, such report shall include the following notice: "If your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, including a breast ultrasound screening or a breast MRI examination, or both, depending on your individual risk factors. A report of your mammography results, which contains information about your breast density, has been sent to your physician's office and you should contact your physician if you have any questions or concerns about this report." (3) (2) The coverage required by this section is subject to the deductible and copayment provisions applicable to outpatient visits, and is also subject to all other terms and conditions applicable to other benefits. A health maintenance organization shall make available to the subscriber as part of the application, for an appropriate additional premium, the coverage required in this section without such coverage being subject to any deductible or copayment provisions in the contract. Section 4. This act shall take effect October 1, 2011. | Mammogram Reports |
Creates exemption from public records requirements for information that identifies donor or prospective donor of donation made for benefit of publicly owned performing arts center if donor desires to remain anonymous; creates exemption from public records requirements for information identifying donor or prospective donor to direct-support organization of Legislative Research Center & Museum at Historic Capitol; provides for legislative review & repeal of exemptions; provides statement of public necessity. | An act relating to public records; defining the term "publicly owned performing arts center"; creating an exemption from public records requirements for information that identifies a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center if the donor desires to remain anonymous; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; amending s. 272.136, F.S.; creating an exemption from public records requirements for information identifying a donor or prospective donor to the direct-support organization of the Legislative Research Center and Museum at the Historic Capitol; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; providing a statement of public necessity; providing an effective date. 19 Be It Enacted by the Legislature of the State of Florida: 21 Section 1. Confidentiality of certain donor information related to a publicly owned performing arts center.-(1) As used in this section, the term "publicly owned performing arts center" means a facility consisting of at least 200 seats, owned and operated by a county or municipality, which is used and occupied to promote development of any or all of the performing, visual, or fine arts or any or all matters relating thereto and to encourage and cultivate public and professional knowledge and appreciation of the arts. (2) If a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center desires to remain anonymous, information that would identify the name, address, or telephone number of that donor or prospective donor is confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. (3) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15, Florida Statutes, and shall stand repealed on October 2, 2016, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. Subsection (7) is added to section 272.136, Florida Statutes, to read: 272.136 Direct-support organization.-The Legislative Research Center and Museum at the Historic Capitol and the Capitol Curator may establish a direct-support organization to provide assistance and promotional support through fundraising for the Florida Historic Capitol and the Legislative Research Center and Museum, including, but not limited to, their educational programs and initiatives. (7)(a) The identity of a donor or prospective donor to the direct-support organization who desires to remain anonymous and all information identifying such donor or prospective donor is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in any auditor's report created pursuant to the annual financial audits required under subsection (5). (b) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2016, unless reviewed and saved from repeal through reenactment by the Legislature. Section 3. The Legislature finds that it is a public necessity that information that would identify the name, address, or telephone number of a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center be made confidential and exempt from public records requirements if such donor or prospective donor desires to remain anonymous. The Legislature further finds that it is a public necessity that information identifying a donor or prospective donor to the direct-support organization for the Florida Historic Capitol and the Legislative Research Center and Museum be made confidential and exempt from public records requirements if such donor or prospective donor desires to remain anonymous. In order to encourage private support for publicly owned performing arts centers and the direct-support organization, it is a public necessity to promote the giving of gifts to, and the raising of private funds for, the acquisition, renovation, rehabilitation, and operation of publicly owned performing arts centers and the programming and preservation of the Florida Historic Capitol and the Legislative Research Center and Museum. An essential element of an effective plan for promoting the giving of private gifts and the raising of private funds is the need to protect the identity of prospective and actual donors who desire to remain anonymous. If the identity of prospective and actual donors who desire to remain anonymous is subject to disclosure, there is a chilling effect on donations because donors are concerned about disclosure of personal information leading to theft and, in particular, identity theft, including personal safety and security. Therefore, the Legislature finds that it is a public necessity to make confidential and exempt from public records requirements information that would identify a donor or prospective donor of a donation made for the benefit of a publicly owned performing arts center or a donor or prospective donor to the direct-support organization for the Florida Historic Capitol and the Legislative Research Center and Museum if such donor or prospective donor wishes to remain anonymous. Section 4. This act shall take effect October 1, 2011. | Pub. Rec./Donor Information |
Exempts additional categories or kinds of insurance & types of commercial lines risks from certain filing requirements; deletes requirement that rate change notice include total premium written for exempt class; removes requirement that specified types of records & information be retained; requires retention of certain actuarial data; requires specified insurers & rating organizations to incur examination expenses; removes requirement that rating organization maintain certain statistics, etc. | An act relating to commercial insurance rates; amending s. 627.062, F.S.; exempting additional categories or kinds of insurance and types of commercial lines risks from being subject to certain otherwise applicable rate filing requirements; deleting a requirement that an insurer's rate change notice include total premium written for an exempt class of insurance; removing a requirement that specified types of records and information related to a rate change be retained by an insurer; requiring actuarial data regarding a rate change for an exempt class of insurance be retained by an insurer for a specified time; requiring the insurer to incur examination expenses; removing a requirement that a rating organization maintain certain statistics related to changes to loss cost for exempt classes of insurance; requiring certain actuarial data related to loss cost be retained by a rating organization for a specified time; requiring a rating organization to incur examination expenses; deleting authority for the Office of Insurance Regulation to require all necessary information from an insurer in order to evaluate a rate change; amending s. 627.0651, F.S.; expanding an exemption from certain otherwise applicable rate filing requirements to include all commercial motor vehicle insurance; deleting a requirement that a commercial motor vehicle insurer's rate change notice include total premium written; removing a requirement that specified types of records and information related to a commercial motor vehicle insurance rate change be retained by an insurer; requiring actuarial data regarding a commercial motor vehicle insurance rate change be retained by an insurer for a specified time; requiring an insurer for commercial motor vehicle insurance to incur examination expenses; removing a requirement that a rating organization maintain certain statistics related to changes to loss cost for commercial motor vehicle insurance; requiring actuarial data related to loss cost for commercial motor vehicle insurance be retained by a rating organization for a specified time; requiring a rating organization for commercial motor vehicle insurance to incur examination expenses; deleting authority for the Office of Insurance Regulation to require all necessary information from an commercial motor vehicle insurer in order to evaluate a rate change; providing an effective date. 47 Be It Enacted by the Legislature of the State of Florida: 49 Section 1. Paragraph (d) of subsection (3) of section 627.062, Florida Statutes, is amended to read: 627.062 Rate standards.-(3) (d)1. The following categories or kinds of insurance and types of commercial lines risks are not subject to paragraph (2)(a) or paragraph (2)(f): a. Excess or umbrella. b. Surety and fidelity. c. Boiler and machinery and leakage and fire extinguishing equipment. d. Errors and omissions. e. Directors and officers, employment practices, fiduciary liability, and management liability. f. Intellectual property and patent infringement liability. g. Advertising injury and Internet liability insurance. h. Property risks rated under a highly protected risks rating plan. i. General liability. j. Nonresidential property, except for collateral protection insurance as defined in s. 624.6085. k. Nonresidential multiperil. l. Excess property. m. Burglary and theft. n. i. Any other commercial lines categories or kinds of insurance or types of commercial lines risks that the office determines should not be subject to paragraph (2)(a) or paragraph (2)(f) because of the existence of a competitive market for such insurance, similarity of such insurance to other categories or kinds of insurance not subject to paragraph (2)(a) or paragraph (2)(f), or to improve the general operational efficiency of the office. 2. Insurers or rating organizations shall establish and use rates, rating schedules, or rating manuals to allow the insurer a reasonable rate of return on insurance and risks described in subparagraph 1. which are written in this state. 3. An insurer must notify the office of any changes to rates for insurance and risks described in subparagraph 1. no later than days after the effective date of the change. The notice must include the name of the insurer, the type or kind of insurance subject to rate change, total premium written during the immediately preceding year by the insurer for the type or kind of insurance subject to the rate change, and the average statewide percentage change in rates. Actuarial data Underwriting files, premiums, losses, and expense statistics with regard to rates for insurance and risks described in subparagraph 1. written by an insurer shall be maintained by the insurer for years after the effective date of changes to those rates and are subject to examination by the office. The office may require the insurer to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the rate factors in paragraphs (2)(b), (c), and (d) and the standards in paragraph (2)(e) to determine if the rate is excessive, inadequate, or unfairly discriminatory. 4. A rating organization must notify the office of any changes to loss cost for insurance and risks described in subparagraph 1. no later than days after the effective date of the change. The notice must include the name of the rating organization, the type or kind of insurance subject to a loss cost change, loss costs during the immediately preceding year for the type or kind of insurance subject to the loss cost change, and the average statewide percentage change in loss cost. Actuarial data Loss and exposure statistics with regard to changes to loss cost for risks applicable to loss costs for a rating organization not subject to paragraph (2)(a) or paragraph (2)(f) shall be maintained by the rating organization for years after the effective date of the change and are subject to examination by the office. The office may require the rating organization to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the rate factors in paragraphs (2)(b)-(d) and the standards in paragraph (2)(e) to determine if the rate is excessive, inadequate, or unfairly discriminatory. 5. In reviewing a rate, the office may require the insurer to provide at the insurer's expense all information necessary to evaluate the condition of the company and the reasonableness of the rate according to the applicable criteria described in this section. Section 2. Subsection (14) of section 627.0651, Florida Statutes, is amended to read: 627.0651 Making and use of rates for motor vehicle insurance.-(14)(a) Commercial motor vehicle insurance covering a fleet of or more self-propelled vehicles is not subject to subsection (1), subsection (2), or subsection (9) or s. 627.0645. (b) The rates for insurance described in this subsection may not be excessive, inadequate, or unfairly discriminatory. (c) Insurers shall establish and use rates, rating schedules, or rating manuals to allow the insurer a reasonable rate of return on commercial motor vehicle insurance written in this state covering a fleet of or more self-propelled vehicles.(d) An insurer must notify the office of any changes to rates for type of insurance described in this subsection no later than days after the effective date of the change. The notice shall include the name of the insurer, the type or kind of insurance subject to rate change, total premium written during the immediately preceding year by the insurer for the type or kind of insurance subject to the rate change, and the average statewide percentage change in rates. Actuarial data with regard to rates for risks Underwriting files, premiums, losses, and expense statistics for the type of insurance described in this subsection shall be maintained by the insurer for years after the effective date of changes to those rates and are subject to examination by the office. The office may require the insurer to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the factors in paragraphs (2)(a)-(l) and apply subsections (3)-(8) to determine if the rate is excessive, inadequate, or unfairly discriminatory. (e) A rating organization must notify the office of any changes to loss cost for the type of insurance described in this subsection no later than days after the effective date of the change. The notice shall include the name of the rating organization, the type or kind of insurance subject to a loss cost change, loss costs during the immediately preceding year for the type or kind of insurance subject to the loss cost change, and the average statewide percentage change in loss cost. Actuarial data Loss and exposure statistics with regard to changes to loss cost for risks applicable to loss costs for a rating organization not subject to subsection (1), subsection (2), or subsection (9) shall be maintained by the rating organization for years after the effective date of the change and are subject to examination by the office. The office may require the rating organization to incur the costs associated with an examination. Upon examination, the office shall, in accordance with generally accepted and reasonable actuarial techniques, consider the rate factors in paragraphs (2)(a)-(l) and apply subsections (3)-(8) to determine if the rate is excessive, inadequate, or unfairly discriminatory. (f) In reviewing the rate, the office may require the insurer to provide at the insurer's expense all information necessary to evaluate the condition of the company and the reasonableness of the rate according to the applicable criteria described herein. Section 3. This act shall take effect October 1, 2011. | Commercial Insurance Rates |
Designates act "911 Good Samaritan Act"; provides that person acting in good faith who seeks medical assistance for someone experiencing drug-related overdose may not be charged with specified offenses; provides that person who experiences drug-related overdose & needs medical assistance may not be charged for specified offenses if evidence was obtained as result of overdose & need for assistance; provides that protections from prosecution are not grounds for suppression of evidence in other prosecutions, etc. | WHEREAS, some research suggests that in a majority of cases of fatal drug overdose another person was aware of or present during the decedent's fatal drug use and that in one third of the cases someone recognized the decedent's distress, and WHEREAS, many people cite fear of police involvement or fear of arrest as their primary reason for not seeking immediate help for a person thought to be experiencing a drug overdose, and WHEREAS, it is in the public interest to encourage a person who is aware of or present during another individual's drug overdose to seek medical assistance for that individual, NOW, THEREFORE, 34 Be It Enacted by the Legislature of the State of Florida: 36 Section 1. This act may be cited as the "911 Good Samaritan Act." Section 2. Section 893.21, Florida Statutes, is created to read: 893.21 Drug-related overdoses; medical assistance; immunity from prosecution.-(1) A person acting in good faith who seeks medical assistance for an individual experiencing a drug-related overdose may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the person's seeking medical assistance. (2) A person who experiences a drug-related overdose and is in need of medical assistance may not be charged, prosecuted, or penalized pursuant to this chapter for possession of a controlled substance if the evidence for possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance. (3) Protection in this section from prosecution for possession offenses under this chapter may not be grounds for suppression of evidence in other criminal prosecutions. Section 3. Paragraph (n) is added to subsection (2) of section 921.0026, Florida Statutes, to read: 921.0026 Mitigating circumstances.-This section applies to any felony offense, except any capital felony, committed on or after October 1, 1998. (2) Mitigating circumstances under which a departure from the lowest permissible sentence is reasonably justified include, but are not limited to: (n) The defendant was making a good faith effort to obtain or provide medical assistance for an individual experiencing a drug-related overdose. Section 4. This act shall take effect October 1, 2011. | Drug-related Overdoses |
Authorizes governing bodies of certain municipalities to hold meetings within specified boundaries. | An act relating to municipal governing body meetings; creating s. 166.0213, F.S.; authorizing the governing bodies of certain municipalities to hold meetings within specified boundaries; providing an effective date. 7 Be It Enacted by the Legislature of the State of Florida: 9 Section 1. Section 166.0213, Florida Statutes, is created to read: 166.0213 Governing body meetings.-The governing body of a municipality having a population of or fewer residents may hold meetings within miles of the exterior jurisdictional boundary of the municipality at such time and place as may be prescribed by ordinance or resolution. Section 2. This act shall take effect July 1, 2011. | Municipal Governing Body Meetings |
Requires DOH to include in its environmental health program testing of air in enclosed ice skating rinks; authorizes department to adopt rules relating to air quality standards, monitoring, testing, recordkeeping, maintenance & operation of equipment that affects air quality, assessment of fees, enforcement, & penalties; authorizes department to enter & inspect enclosed ice skating rink at reasonable hours to determine compliance; authorizes department to impose fine. | An act relating to ice skating rinks; amending s. 381.006, F.S.; requiring the Department of Health to include in its environmental health program the testing of the air in enclosed ice skating rinks; authorizing the department to adopt rules relating to air quality standards, monitoring, testing, recordkeeping, the maintenance and operation of equipment that affects air quality, assessment of fees, enforcement, and penalties; authorizing the department to enter and inspect an enclosed ice skating rink at reasonable hours to determine compliance with applicable air quality statutes or rules; amending s. 381.0061, F.S.; authorizing the department to impose a fine, which may not exceed a specified amount, for a violation of air quality standards for enclosed ice skating rinks; providing an effective date. 18 Be It Enacted by the Legislature of the State of Florida: 20 Section 1. Subsection (19) is added to section 381.006, Florida Statutes, to read: 381.006 Environmental health.-The department shall conduct an environmental health program as part of fulfilling the state's public health mission. The purpose of this program is to detect and prevent disease caused by natural and manmade factors in the environment. The environmental health program shall include, but not be limited to: (19) A function related to air quality inside an enclosed ice skating rink to protect the health and safety of visitors and employees of the enclosed ice skating rink from dangers associated with oxides of nitrogen (NOX), hydrocarbons (CXHX), carbon monoxide (CO), carbon dioxide (CO2), and other harmful gasses, vapors, or particles as identified by the department which change the air quality due to the operation of the ice rink. The department may adopt rules that include definitions; air quality standards and requirements for monitoring, testing, and recordkeeping; maintenance and operation requirements for equipment that affects air quality; requirements for ventilation of the facility; the required response activities if an operator violates air quality standards; the assessment of fees, which may not exceed the actual costs of administration; and requirements for enforcement, citations, and administrative penalties. The department may enter and inspect an enclosed ice skating rink at reasonable hours to determine compliance with applicable statutes or rules. 47 The department may adopt rules to carry out the provisions of this section. Section 2. Subsection (1) of section 381.0061, Florida Statutes, is amended to read: 381.0061 Administrative fines.-(1) In addition to any administrative action authorized by chapter or by other law, the department may impose a fine, which shall not exceed $500 for each violation, for a violation of s. 381.006(16), s. 381.006(19), s. 381.0065, s. 381.0066, s. 381.0072, or part III of chapter 489, for a violation of any rule adopted under this chapter, or for a violation of any of the provisions of chapter 386. Notice of intent to impose such fine shall be given by the department to the alleged violator. Each day that a violation continues may constitute a separate violation. Section 3. This act shall take effect July 1, 2011. | Ice Skating Rinks |
Requires approval by Legislature of any vote taken by commission that approves increase in rates charged to customers for electric, natural gas, telecommunications, water, or wastewater service before vote of commission takes effect. | An act relating to the Public Service Commission; creating s. 350.129, F.S.; requiring approval by the Legislature of any vote taken by the commission which approves an increase in rates charged to customers for electric, natural gas, telecommunications, water, or wastewater service before the vote of the commission takes effect; providing an effective date. 10 Be It Enacted by the Legislature of the State of Florida: 12 Section 1. Section 350.129, Florida Statutes, is created to read: 350.129 Legislative approval of rate increases.-Before taking effect, a vote by the Public Service Commission approving an increase in rates charged to customers for electric, natural gas, telecommunications, water, or wastewater service must be ratified by a majority vote of the Senate and the House of Representatives. Section 2. This act shall take effect January 1, 2012. | Public Service Commission |
Revises penalties for knowingly driving while driver's license or driving privilege is canceled, suspended, or revoked; revises procedures for impoundment or immobilization of vehicle. | An act relating to driving without a valid driver license; amending s. 318.18, F.S.; providing an additional fine for a violation of specified provisions relating to driving with a canceled, suspended, or revoked driver's license or driving privilege; providing increased fine amounts for second or subsequent violations; amending s. 318.21, F.S.; providing for distribution of such fines collected; amending s. 322.34, F.S.; revising penalties for knowingly driving while the driver's license or driving privilege is canceled, suspended, or revoked; revising procedures for impoundment or immobilization of the vehicle; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Subsection (22) is added to section 318.18, Florida Statutes, to read: 318.18 Amount of penalties.-The penalties required for a noncriminal disposition pursuant to s. 318.14 or a criminal offense listed in s. 318.17 are as follows: (22) For a person knowingly driving any motor vehicle upon the highways of this state while the person's license or privilege to drive is canceled, suspended, or revoked in violation of s. 322.34(2), in addition to the fine under paragraph (3)(a), upon: (a) A first offense, $500 before release of the vehicle from immobilization or impoundment. (b) A second offense, $1,000 before release of the vehicle from immobilization or impoundment. (c) A third or subsequent offense, $1,500 before release of the vehicle from immobilization or impoundment. Section 2. Subsection (22) is added to section 318.21, Florida Statutes, to read: 318.21 Disposition of civil penalties by county courts.-All civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as follows: (22) Notwithstanding subsections (1) and (2), the proceeds from the penalties imposed pursuant to s. 318.18(22) shall be distributed as follows: (a) For violations committed within a municipality, percent shall be distributed to the municipality, percent shall be distributed to the county, and percent shall be distributed to the agency or company that towed and stored the vehicle. (b) For violations committed outside a municipality, percent shall be distributed to the county and percent shall be distributed to the agency or company that towed and stored the vehicle. Section 3. Section 322.34, Florida Statutes, is amended to read: 322.34 Driving while license suspended, revoked, canceled, or disqualified.-(1) Except as provided in subsection (2), Any person whose driver's license or driving privilege has been canceled, suspended, or revoked, except a " habitual traffic offender " as defined in s. 322.264, who drives a vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked commits is guilty of a moving violation, punishable as provided in chapter 318. (2) Any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except a habitual traffic offender as persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while such license or privilege is canceled, suspended, or revoked commits a moving violation, punishable as provided in chapter 318, and the motor vehicle being driven at the time of the offense shall be immediately immobilized or impounded.,upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 82 The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation. (3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section. (4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person's driver's license must contain a provision notifying the person that his or her driver's license has been canceled, suspended, or revoked. (5) Any person whose driver's license has been revoked pursuant to s. 322.264 as a ( habitual traffic offender ) and who drives any motor vehicle upon the highways of this state while such license is revoked commits is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Any person who operates a motor vehicle: (a) Without having a driver's license as required under s. 322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), 113 and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any person whose driver's license or driving privilege has been canceled, suspended, revoked, or disqualified and who drives a commercial motor vehicle on the highways of this state while such license or privilege is canceled, suspended, revoked, or disqualified, upon: (a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8)(a) Upon issuing a citation to the arrest of a person for a violation of subsection (2), knowingly the offense of driving while the person's driver's license or driving privilege is suspended or revoked, the law enforcement arresting officer shall immediately impound or immobilize the vehicle. determine: 1. Whether the person's driver's license is suspended or revoked. 2. Whether the person's driver's license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license. 3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders. 4. Whether the driver is the registered owner or coowner of the vehicle. (b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle. (b) (c) Within business days after the date the vehicle is impounded or immobilized arresting agency impounds or immobilizes the vehicle,either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to any coregistered owners of the vehicle other than the person who was cited arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle. (c) (d) Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall notify by express courier service with receipt or certified mail within business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized. (d) (e) Except as provided in paragraph (c) (d),the vehicle shall remain impounded or immobilized for any period imposed by the court until payment of the applicable amount required under s. 318.18 and:1. The person retrieving the vehicle owner presents to the law enforcement agency proof of a valid driver's license, proof of ownership of the vehicle or written consent by the owner authorizing release to the person, and proof of insurance to the arresting agency;or 2. The owner presents to the law enforcement agency proof of sale of the vehicle to the arresting agency and the buyer presents proof of insurance to the arresting agency. 196 If proof is not presented within days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78. (e) (f) The owner of a vehicle that is impounded or immobilized under this subsection may, within days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle. (9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.706 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person's driver's license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence. (b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department. (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency and percent shall be deposited in the General Revenue Fund for use by regional workforce boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation. (10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the procedures penalties provided in paragraph (b) apply if a person's driver's license or driving privilege is canceled, suspended, or revoked for: 1. Failing to pay child support as provided in s. 322.245 or s. 61.13016; 2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1); 3. Failing to comply with a civil penalty required in s. 318.15; 4. Failing to maintain vehicular financial responsibility as required by chapter 324; 5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or 6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver's license or driver privilege for any underlying violation listed in subparagraphs 1.-5. (b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) (11)(a) A person who does not hold a commercial driver's license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10) (a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld and the clerk of the court, designated official, or authorized operator of a traffic violations bureau shall issue a certificate releasing the vehicle upon payment of the cost of towing and storing the vehicle.However, no election shall be made under this subsection if such person has made an election under this subsection during the preceding months. A person may not make more than three elections under this subsection. (c) (b) If adjudication is withheld under paragraph (b) (a),such action is not a conviction. Section 4. This act shall take effect January 1, 2012. | Driving Without a Valid Driver License |
Creates "Florida's One-Stop Business Connect Act"; requires Governor to direct certain state agencies to jointly conduct review of state's requirements for starting, licensing, & operating business & examine feasibility of establishing single online portal for accessing such requirements; provides review requirements; requires Governor to submit report & recommendations to Legislature by specified date. | An act relating to streamlining the issuance of licenses, certifications, and registrations issued by state agencies; providing a short title; providing legislative findings and intent; requiring the Governor to direct certain state agencies to jointly conduct a review of the state's requirements for starting, licensing, and operating a business and examine the feasibility of establishing a single online portal for accessing such requirements; providing review requirements; requiring the Governor to submit a report and recommendations to the Legislature by a specified date; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. (1) This act may be cited as "Florida's One-Stop Business Connect Act." (2) The Legislature finds that: (a) Individuals who start and operate businesses in this state must interact with multiple state agencies to obtain licenses, registrations, and tax certificates needed to legally operate in the state. This process can be time-consuming and frustrating for businesses and often requires business owners to provide similar information to multiple agencies. (b) State government requirements for starting and operating a business in the state are often cumbersome and place avoidable burdens on business owners. For several years, the Legislature has recognized that these requirements do not serve to promote the state as a business-friendly state that actively supports the growth of jobs, businesses, and economic opportunities. (c) A phased, deliberative, and collaborative approach should be considered to streamline and automate the state's business processes; to simplify business requirements and eliminate unnecessary business requirements; and to provide a single point of entry for businesses to complete business transactions with the state. (3) It is the intent of the Legislature that the state review all state requirements for starting, licensing, and operating a business and examine the feasibility of establishing an online connection that is easily accessible through one of the state's official portals and that provides an efficient and effective online, self-service method for an individual to access state requirements for starting, licensing, and operating a business. (4)(a) The Governor shall direct the secretary or agency head, or the designee of the secretary or agency head, of the following state agencies to work jointly to review all state requirements for starting, licensing, and operating a business and examine the feasibility of establishing an online connection that provides a single point of entry for businesses to complete business transactions with the state: 1. The Agency for Health Care Administration. 2. The Department of Business and Professional Regulation. 3. The Department of Children and Family Services. 4. The Department of Health. 5. The Department of State. 6. The Department of Revenue. 7. The Agency for Enterprise Information Technology. (b) Other agencies that interact with businesses are encouraged to participate, including, but not limited to, the Department of Financial Services and the Department of Agriculture and Consumer Services. (c) To the extent that funds are available within the participating agencies' budgets, the agencies shall: 1. Compile a complete, categorical inventory of all business licenses, certifications, and registrations required by each participating agency, including information regarding relevant laws and rules. 2. Analyze the business licensing, certification, and registration processes for each agency and identify processes that disrupt workflow and result in duplication, waste, unnecessary complexity, and errors and the root causes of those errors. 3. Recommend the standardization and automation of business licensing, certification, and registration processes where appropriate. (d) By December 15, 2011, the Governor shall submit to the President of the Senate and the Speaker of the House of Representatives a report and recommendations for establishing a single online portal for accessing state requirements for starting, licensing, and operating a business. Section 2. This act shall take effect upon becoming a law. | Issuance of Licenses/Certifications/Registrations |
Authorizes extension to school district educational plant survey submission deadline; provides restrictions; provides requirements for submission of request for extension to DOE & requires department approval; provides restrictions on school district construction during extension period. | An act relating to educational plant surveys; amending s. 1013.31, F.S.; authorizing an extension to a school district educational plant survey submission deadline; providing restrictions; providing requirements for the submission of a request for an extension to the Department of Education and requiring department approval; providing restrictions on school district construction during the extension period; requiring the State Board of Education to adopt rules; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Paragraph (e) is added to subsection (1) of section 1013.31, Florida Statutes, to read: 1013.31 Educational plant survey; localized need assessment; PECO project funding.-(1) At least every years, each board shall arrange for an educational plant survey, to aid in formulating plans for housing the educational program and student population, faculty, administrators, staff, and auxiliary and ancillary services of the district or campus, including consideration of the local comprehensive plan. The Department of Education shall document the need for additional career and adult education programs and the continuation of existing programs before facility construction or renovation related to career or adult education may be included in the educational plant survey of a school district or community college that delivers career or adult education programs. Information used by the Department of Education to establish facility needs must include, but need not be limited to, labor market data, needs analysis, and information submitted by the school district or community college. (e) Request for extension.-1. Upon request by a district school superintendent to the Department of Education and upon approval by the department, an extension to a survey submission deadline may be granted for up to days, not to exceed four consecutive extensions per survey. A request for an extension to a survey submission deadline must be submitted to the department no later than days prior to the current submission deadline. A request shall contain the following: a. A letter from the district school superintendent to the department, submitted on behalf of the district school board and on district school board letterhead, formally requesting an extension which cites the specific need for the extension. b. A formal application, developed by the department, that includes sections for the following information: the purpose for requesting the extension; data that clearly and objectively supports the need for the extension; the signatures of all current district school board members; and the signature of the director of the department responsible for oversight of the educational facility planning, design, and construction for the school district, if one exists. 2. School districts may not contract for new construction projects, except for local bonded projects and those financed with the voter-approved one-half-cent cent sales surtax for public school capital outlay authorized by s. 212.055(6), during an extension period. 3. The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this paragraph. Section 2. This act shall take effect July 1, 2011. | Educational Plant Surveys |
Specifies order for applying tax credit for employment of homeless; redefines term "adjusted federal income" to include adjustment for tax credit; provides definitions; provides tax credit for corporation hiring homeless person who resides in transitional, permanent supportive, or permanent housing facility; specifies information to be provided to DOR when applying for credit; provides for unused credit carryover; requires filing application with DOR by specified date annually; provides penalties for fraudulently claiming tax credit. etc. | An act relating to employment of the homeless; amending s. 220.02, F.S.; specifying the order for applying the tax credit for employment of the homeless; amending s. 220.13, F.S.; redefining the term "adjusted federal income" to include an adjustment for such tax credit; creating s. 220.194, F.S.; providing definitions; providing a tax credit for a corporation that hires a homeless person residing in a transitional, permanent supportive, or permanent housing facility; specifying the information that must be provided to the Department of Revenue when applying for the credit; providing for the carryover of unused credits; requiring that the application be filed with the department by a specified date each year; providing penalties for fraudulently claiming the tax credit; limiting the total amount of tax credits that may be granted per taxable year; authorizing the department to adopt rules; providing for the expiration of the tax credit; requiring that the department collect certain data; providing an effective date. 22 Be It Enacted by the Legislature of the State of Florida: 24 Section 1. Subsection (8) of section 220.02, Florida Statutes, is amended to read: 220.02 Legislative intent.-(8) It is the intent of the Legislature that credits against either the corporate income tax or the franchise tax be applied in the following order: those enumerated in s. 631.828, those enumerated in s. 220.191, those enumerated in s. 220.181, those enumerated in s. 220.183, those enumerated in s. 220.182, those enumerated in s. 220.1895, those enumerated in s. 221.02, those enumerated in s. 220.184, those enumerated in s. 220.186, those enumerated in s. 220.1845, those enumerated in s. 220.19, those enumerated in s. 220.185, those enumerated in s. 220.1875, those enumerated in s. 220.192, those enumerated in s. 220.193, those enumerated in s. 288.9916, those enumerated in s. 220.1899, and those enumerated in s. 220.1896,and those enumerated under s. 220.194.Section 2. Paragraph (a) of subsection (1) of section 220.13, Florida Statutes, is amended to read: 220.13 "Adjusted federal income" defined.-(1) The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of more than one taxpayer as provided in s. 220.131, for the taxable year, adjusted as follows: (a) Additions.-There shall be added to such taxable income: 1. The amount of any tax upon or measured by income, excluding taxes based on gross receipts or revenues, paid or accrued as a liability to the District of Columbia or any state of the United States which is deductible from gross income in the computation of taxable income for the taxable year. 2. The amount of interest which is excluded from taxable income under s. 103(a) of the Internal Revenue Code or any other federal law, less the associated expenses disallowed in the computation of taxable income under s. of the Internal Revenue Code or any other law, excluding percent of any amounts included in alternative minimum taxable income, as defined in s. 55(b)(2) of the Internal Revenue Code, if the taxpayer pays tax under s. 220.11(3). 3. In the case of a regulated investment company or real estate investment trust, an amount equal to the excess of the net long-term capital gain for the taxable year over the amount of the capital gain dividends attributable to the taxable year. 4. That portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.181. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 5. That portion of the ad valorem school taxes paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.182. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 6. The amount of emergency excise tax paid or accrued as a liability to this state under chapter which tax is deductible from gross income in the computation of taxable income for the taxable year. 7. That portion of assessments to fund a guaranty association incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year. 8. In the case of a nonprofit corporation which holds a pari-mutuel permit and which is exempt from federal income tax as a farmers' cooperative, an amount equal to the excess of the gross income attributable to the pari-mutuel operations over the attributable expenses for the taxable year. 9. The amount taken as a credit for the taxable year under s. 220.1895. 10. Up to nine percent of the eligible basis of any designated project which is equal to the credit allowable for the taxable year under s. 220.185. 11. The amount taken as a credit for the taxable year under s. 220.1875. The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax. This addition is not intended to result in adding the same expense back to income more than once. 12. The amount taken as a credit for the taxable year under s. 220.192. 13. The amount taken as a credit for the taxable year under s. 220.193. 14. Any portion of a qualified investment, as defined in s. 288.9913, which is claimed as a deduction by the taxpayer and taken as a credit against income tax pursuant to s. 288.9916. 15. The costs to acquire a tax credit pursuant to s. 288.1254(5) that are deducted from or otherwise reduce federal taxable income for the taxable year. 16. The amount taken as a credit for the taxable year under s. 220.194. Section 3. Section 220.194, Florida Statutes, is created to read: 220.194 Tax credit for employment of the homeless.-(1) As used in this section, the term: (a) "Continuously employed" means that an employee has worked for the corporation for at least hours during each 30-day period and has been employed at least months following the date that the employee began working for the corporation on or after July 1, 2011. (b) "Homeless person" means an individual whose primary nighttime residence is a transitional, permanent supportive, or permanent housing facility. (c) "Transitional, permanent supportive, or permanent housing facility" means a facility located in the state which is: 1. A supervised, publicly or privately operated shelter that is designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for the mentally ill, and that receives federal homeless assistance funding distributed by the United States Department of Housing and Urban Development. 2. An emergency shelter that receives county homeless assistance funding. (2) For taxable years beginning on or after January 1, 2012, a tax credit of $1,000 shall be allowed to a corporation against any corporate income tax due under this chapter if the corporation hires a homeless person who resides in an emergency shelter, or a transitional, permanent supportive, or permanent housing facility at the time he or she begins employment and who remains continuously employed by the corporation for at least months. The tax credit may be taken only once per new employee. (3) Upon applying for the credit, the corporation must provide the department with the following information: (a) For each new employee for whom the credit is claimed: 1. The employee's name, social security number, and current address or, if the employee is no longer employed, the last known address of the person while employed by the corporation; 2. The address of the transitional, permanent supportive, or permanent housing facility where the employee was residing at the time he or she began employment and documentation from the facility which demonstrates that the employee qualified for and was residing at the facility at the time he or she began employment; and 3. The salary or hourly wages paid to the new employee during the taxable year. (b) The total salary or hourly wages paid during the taxable year to each employee who is still employed by the corporation and for whom the tax credit was claimed in a prior taxable year. (4) If the credit is not fully used in any one year, the unused amount may be carried forward for up to years. The carryover credit may be used in a subsequent year if the tax imposed by this chapter exceeds the credit for the year after applying any other credits and unused credit carryovers in the order provided in s. 220.02(8). (5) The corporation applying for the credit must affirmatively demonstrate to the satisfaction of the department that it meets the requirements in this section. An application must be filed with the department by February of each year for an allocation of the previous year's credit. The application must show that all of the requirements in this section were met during the preceding calendar year. (6) Any person who fraudulently claims the credit is liable for payment of the credit, plus a mandatory penalty in the amount of percent of the credit and interest at the rate provided in s. 220.807, and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) The total amount of tax credit which may be granted under this section is $2 million per calendar year. If the total amount of tax credit for applications submitted in a given calendar year exceeds $2 million, the amount of tax credit per applicant shall be granted on a pro rata basis. If the full amount of the tax credit is not allowed due to the $2 million-annual limitation, the balance shall be allowed in the following tax year. The amount not allowed in the previous tax year shall be allowed in full prior to the pro rata allocation of tax credit in the following tax year. (8) The department may adopt rules and forms to administer this section. (9) This section expires December 31, 2016, except for subsections (3) and (8), which expire December 31, 2022. In determining whether to reenact this section, the Legislature shall consider whether the revenue generated from wages paid to qualifying employees outweighs the cost to the state in terms of the amount of taxes waived. The department shall collect and maintain data relating to the total amount of wages paid to employees for whom a tax credit has been claimed in order to assist the Legislature in making its determination. Section 4. This act shall take effect July 1, 2011. | Employment of the Homeless |
Provides for relief of Lawrence Femminella by Palm Beach County Sheriff's Office; provides for appropriation to compensate Lawrence Femminella for loss of consortium, false arrest, & negligent training & hiring of deputy sheriffs by sheriff's office; provides limitation on payment of fees & costs. CLAIM: | WHEREAS, in March, 2003, Willoughby Farr was confined to the Palm Beach County jail awaiting sentencing on various felony charges for which he was facing a long prison term. In an effort to avoid a lengthy prison term and to garner favors from law enforcement officers, Farr concocted a story in which he claimed that several correctional officers were smuggling drugs into the Palm Beach County jail, and WHEREAS, to further his scheme, Farr enrolled the assistance of Danny Negrych, who was a former correctional officer from the Palm Beach County Sheriff's Office. Together Farr and Negrych fabricated a story in which Negrych claimed to be a member of a ring of correctional officers who regularly smuggled narcotic drugs into the jail. Farr then contacted the Organized Crime Bureau of the Palm Beach County Sheriff's Office and told his fabricated story, and WHEREAS, Detective Jeffrey Clarke and Sergeant Jones, who were assigned to investigate Farr's drug-smuggling allegations, used Farr as a confidential informant. Deputy Clarke did not have any prior training in investigating narcotics cases even though he was designated as the lead detective in the investigation, and WHEREAS, Farr and the detectives agreed that if Farr provided evidence of the drug-smuggling activities involving the correctional officers, the detectives would testify at Farr's sentencing in order to get Farr a more lenient sentence, and WHEREAS, on three separate occasions Negrych and Farr arranged for cocaine and other illicit drugs to be delivered to the jail, but Lawrence Femminella was not involved in any of the deliveries, and WHEREAS, in late June 2003, Farr was released on bond with the help of the detectives. The purpose of the release was to facilitate the criminal investigation regarding the alleged drug-smuggling activities that involved certain correctional officers, and WHEREAS, after his release, Farr claimed he could meet with Lawrence Femminella to discuss drugs. Farr had Negrych contact Femminella to arrange a meeting. The purpose of the meeting, as stated by Negrych to Femminella, was to interest Lawrence Femminella in starting a landscaping business. A meeting was arranged for July 8, 2003, at a local restaurant, and WHEREAS, Lawrence Femminella appeared at the scheduled meeting expecting to meet Negrych, who failed to appear. Instead, Farr met with Femminella claiming that Negrych was unable to attend. The meeting was monitored and recorded by the Palm Beach County Sheriff's Office, and there were no discussions about narcotics at the meeting. Femminella and Negrych discussed only the landscaping business, and WHEREAS, in late July 2003, Farr was arrested again for violating the terms of his bond. After his arrest, Farr continued his role as an informant for the Palm Beach County Sheriff's Office and placed telephone calls to Negrych regarding the delivery of narcotics into the jail, and WHEREAS, during this period Farr also placed several calls to Lawrence Femminella's cellular telephone and on each occasion left a message asking Lawrence Femminella to return the call. In response to Farr's several messages, Lawrence Femminella returned the call on a single occasion and left a message for Farr to quit contacting him. Afterward, Femminella changed his cellular telephone number in order to avoid Farr's calls, and WHEREAS, in early September 2003, Farr also made several telephone calls to a woman who identified herself as Lawrence Femminella's wife Gayle, and they discussed the smuggling of drugs into the jail. It was these telephone calls that led to the arrest of Gayle Femminella, along with her husband Lawrence Femminella. It was later determined that the woman was not Gayle Femminella but an imposter hired by Farr and Negrych to further their scheme, and WHEREAS, during the telephone call between Farr and the female impersonator posing as Gayle Femminella, the two would discuss having Lawrence Femminella deliver drugs to Farr in jail. The female impersonator then requested the moneys for the drugs to be delivered to the Femminella's home and for Femminella to deliver the narcotics to Farr, and WHEREAS, on September 10, 2003, two undercover agents wearing recording devices attempted to deliver moneys to the Femminella's home. Gayle Femminella answered the door and the agents told Mrs. Femminella that they were delivering money for Farr. Not only did Gayle Femminella refuse to accept the money, she was described by police as being confused as to why the police were at her house. She immediately called her husband who was at work at the jail and reported the incident to him. The agents' encounter with Gayle Femminella was recorded by detectives from the Palm Beach County Sheriff's Office. The detectives realized that the voice of Gayle Femminella was completely different from the voice recording of the female impersonator, and WHEREAS, alarmed by the unusual events, including the messages from Farr, the visit to his home by unknown persons offering money from Farr, and the July 8th meeting with Farr, Lawrence Femminella immediately wrote a letter to his supervisor at the Palm Beach County Sheriff's Office which explained the events involving the meeting on July 8, 2003, the unsolicited phone calls, and the visits to his home with the offer of money, and WHEREAS, on the evening of September 11, 2003, Lawrence Femminella was arrested at the Palm Beach County Sheriff's Office jail before he started his shift. His wife Gayle Femminella was arrested at their home in the presence of their children. Lawrence Femminella and Gayle Femminella were taken in handcuffs to jail, and held in a jail cell at the Palm Beach County jail where they were interviewed. When the detectives confronted Gayle Femminella about tape recordings that appeared to incriminate her, Mrs. Femminella asked to hear the tapes. When the detectives played the tapes, it became readily apparent that the female's voice on the tape was not the voice of Gayle Femminella, and WHEREAS, on September 12, 2003, the detectives interviewed Farr and confronted him with the fabricated evidence against Gayle Femminella. According to the detectives, Farr admitted that he had fabricated much of the evidence in order to get a more lenient sentence, and WHEREAS, Deputy Clarke commenced the criminal investigation of Farr's allegations of the smuggling of illicit drugs into the Palm Beach County jail in May of 2003, which terminated in November 2004. At the conclusion of the investigation, the Femminellas were completely exonerated and received a personal apology from the Sheriff, and WHEREAS, at the conclusion of the criminal investigation, the Palm Beach County Sheriff's Office conducted an internal affairs investigation. The internal affairs investigation concluded that Deputy Clarke was guilty of neglect of duty and that the accusations against the Femminellas were totally unfounded and without merit, and WHEREAS, on May 11, 2005, Lawrence Femminella filed an Amended Complaint against the Palm Beach County Sheriff's Office for false arrest, negligent training and hiring of its deputies, and loss of consortium, and WHEREAS, the case of Lawrence Femminella was tried before a jury, and on February 6, 2006, the jury returned a verdict in favor of Lawrence Femminella, and a final judgment in favor of Lawrence Femminella in the sum of $816,200 was entered against the Palm Beach County Sheriff's Office on February 8, 2006, and WHEREAS, Lawrence Femminella has been paid $100,000 by the Palm Beach County Sheriff's Office, and he seeks satisfaction in the amount of $716,200, the balance of the final judgment, NOW, THEREFORE, 150 Be It Enacted by the Legislature of the State of Florida: 152 Section 1. The facts stated in the preamble to this act are found and declared to be true. Section 2. The Palm Beach County Sheriff's Office is authorized and directed to appropriate from funds of the county not otherwise appropriated and to draw a warrant in the sum of $716,200, payable to Lawrence Femminella, as compensation for loss of consortium, false arrest, and the negligent training and hiring of deputy sheriffs by the Palm Beach County Sheriff's Office. Section 3. The amount paid by the Palm Beach County Sheriff's Office and the amount awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act regarding Lawrence Femminella. The total amount paid for attorney's fees, lobbying fees, costs, and other similar expenses relating to this claim may not exceed percent of the amount awarded under this act. Section 4. This act shall take effect upon becoming a law. | Relief/Femminella/Palm Beach Co. Sheriff's Office |
Requires DOC & Parole Commission to establish agreements to implement federal deportation program for state inmates; revises provisions relating to Control Release Authority; requires authority to implement program to execute immediate deportation; authorizes authority to extend or advance control release date for transfer of custody pending deportation; requires DOC to identify inmates eligible for control release for removal & deportation at reception, etc. | An act relating to illegal or undocumented aliens; requiring the Department of Corrections and the Parole Commission to establish agreements to implement a federal deportation program for state inmates; specifying the goals of the program; amending s. 947.146, F.S., relating to the Control Release Authority; requiring the authority to implement a program to execute an immediate deportation order; authorizing the authority to extend or advance the control release date for arrangements for the transfer of custody pending deportation; creating s. 947.1461, F.S., relating to control release for removal and deportation; requiring the department to identify eligible inmates at the reception process; specifying eligibility criteria; requiring the department to coordinate with federal authorities to determine immigration status and eligibility for removal; requiring the department to identify eligible inmates who waive administrative and appellate rights and who agree to cooperate; requiring the Control Release Authority to establish control release dates; authorizing the control release dates to be set after the alien has served a minimum percent of his or her court-imposed sentence; requiring the department to maintain exclusive control and responsibility for the custody and transportation of an alien until the alien is transferred to federal custody; requiring the Control Release Authority to give notice to aliens concerning reentering the United States; prohibiting aliens from benefiting from control release awards when removal is not reasonably foreseeable; requiring the department to compile and report certain statistics; providing an effective date. 34 Be It Enacted by the Legislature of the State of Florida: 36 Section 1. The Department of Corrections and the Parole Commission shall immediately initiate, coordinate, and establish agreements among multiple state, local, and federal authorities to implement the United States Immigration and Customs Enforcement Rapid Removal of Eligible Parolees Accepted for Transfer (REPAT) program. The goals of this effort shall be to: (1) Ensure that deportable aliens are not released from prison to the community; (2) Reduce the number of criminal aliens incarcerated in the state prison system; (3) Provide for the mandatory revocation of control release and the confinement of criminal aliens who reenter the United States; (4) Allow eligible inmates to be released for deportation purposes before the expiration of the sentence; (5) Expedite the deportation process; and (6) Improve information-sharing procedures between the Immigration and Customs Enforcement of the United States Department of Homeland Security and the Department of Corrections. Section 2. Subsections (2), (5), and (7) of section 947.146, Florida Statutes, are amended to read: 947.146 Control Release Authority.-(2) The authority shall implement a system for determining the number and type of inmates who must be released into the community under control release in order to maintain the state prison system between and percent of its total capacity as defined in s. 944.023 or in order to execute an immediate deportation order from federal immigration authorities.An No inmate does not have has a right to control release. Control release is an administrative function solely used solely to manage the state prison population within total capacity and to expedite the deportation process.An inmate may not receive an advancement of his or her control release date by an award of control release allotments for any period of time before the date the inmate becomes statutorily eligible for control release or before the subsequent date of establishment of the inmate's advanceable control release date. (5) Whenever the inmate population drops below percent of total capacity and remains below percent for consecutive days without requiring the release of inmates under this section, all control release dates shall become void and an no inmate is not shall be eligible for release under any previously established control release date. However, control release dates for deportation purposes do not become void when the inmate population changes. An inmate does shall not have a right to a control release date, and nor shall the authority is not be required to establish or reestablish any additional control release dates except under the provisions of subsection (2). (7) The authority has the power and duty to: (a) Extend or advance the control release date of any inmate for whom a date has been established pursuant to subsection (2), based upon one or more of the following: 1. Recently discovered information of: a. Past criminal conduct; b. Verified threats by inmates provided by victims, law enforcement, or the department; c. Potential risk to or vulnerability of a victim; d. Psychological or physical trauma to the victim due to the criminal offense; e. Court-ordered restitution; f. History of abuse or addiction to a chemical substance verified by a presentence or postsentence investigation report; g. The inmate's ties to organized crime; h. A change in the inmate's sentence structure; i. Cooperation with law enforcement; j. Strong community support; and k. A documented mental condition as a factor for future criminal behavior. 2. The recommendation of the department regarding: a. A medical or mental health-related condition; or b. Institutional adjustment of the inmate, which may include refusal by the inmate to sign the agreement to the conditions of the release plan. 3. Total capacity of the state prison system. 4. Arrangements for the transfer of custody pending deportation. (b) Authorize an individual commissioner to postpone a control release date for not more than days without a hearing for any inmate who has become the subject of a disciplinary proceeding, a criminal arrest, an information, or an indictment; who has been terminated from work release; or about whom there is any recently discovered information as specified in paragraph (a). (c) Determine the terms, conditions, and period of time of control release for persons released under pursuant to this section. (d) Determine violations of control release and what actions shall be taken with reference thereto. (e) Provide for victim input into the decisionmaking process which may be used by the authority as aggravation or mitigation in determining which persons shall be released on control release. (f) Make such investigations as may be necessary for the purposes of establishing, modifying, or revoking a control release date. (g) Contract with a public defender or private counsel for representation of indigent persons charged with violating the terms of control release. (h) Adopt such rules as the authority deems necessary to implement for implementation of the provisions of this section. Section 3. Section 947.1461, Florida Statutes, is created to read: 947.1461 Control release for removal and deportation only.-(1) The Department of Corrections shall begin during the inmate reception process a procedure to identify eligible aliens and determine if deportation is feasible and in the best interests of the state. Aliens who are ineligible for the federal deportation process under this section are inmates who are ineligible for control release under s. 947.146(3)(a)-(m). (2) The department shall coordinate with federal authorities to determine an inmate's immigration status and eligibility for removal and to obtain the final removal order. (3) The department shall identify aliens for removal who have voluntarily waived all administrative and judicial appellate rights in writing and who have agreed in writing to fully cooperate with federal authorities to obtain valid travel documentation and facilitate removal. (4) Upon acceptance into the federal deportation program, the Control Release Authority shall establish a control release date for the alien to be transferred into federal custody. Notwithstanding s. 944.275(4)(b)3., the Control Release Authority may establish a control release date after the alien has served a minimum of percent of his or her court-imposed sentence. (5) The department shall maintain exclusive control and responsibility for the custody and transportation of an alien who is accepted into the federal deportation program until the alien is physically transferred to federal custody. (6) The Control Release Authority shall provide notice and obtain acknowledgement in writing that notice was given to each alien who is eligible for deportation that reentry into the United States requires the return of the alien to the custody of the department in order to complete the remainder of his or her court-imposed sentence. The alien must also waive in writing all rights of extradition which would challenge the alien's return to the department and Control Release Authority in order to complete the remainder of his or her sentence. (7) An alien may not under any circumstances receive the benefits of control release awards if the federal authorities determine that the alien's removal is not reasonably foreseeable. (8) The department shall compile statistics on this program, including the number of aliens who are transferred to federal custody, the number of aliens who are actually removed from the United States, the number of aliens who reenter the United States, and the annualized cost-avoidance achieved. Section 4. This act shall take effect July 1, 2011. | Illegal or Undocumented Aliens |
Proposes amendment of s. 15, Art. III & s. 4, Art VI & creation of provision in Art. XII of State Constitution to increase length of terms of state senators to 6 years & state representatives to 4 years & limit state senators & state representatives to 12 consecutive years in office. | A joint resolution proposing amendments to Section of Article III and Section of Article VI and the creation of a new section in Article XII of the State Constitution to revise the terms and term limits that apply to state senators and state representatives. 8 Be It Resolved by the Legislature of the State of Florida: 10 That the following amendments to Section of Article III and Section of Article VI and the creation of a new section in Article XII of the State Constitution are agreed to and shall be submitted to the electors of this state for approval or rejection at the next general election or at an earlier special election specifically authorized by law for that purpose: ARTICLE III LEGISLATURE SECTION 15. Terms and qualifications of legislators.-(a) SENATORS. Senators shall be elected for staggered terms of six four years.The legislature must divide the senate districts as evenly as possible into three classes,those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four; except, at the election next following a reapportionment, some senators shall be elected for terms of two years when necessary to maintain staggered terms. (b) REPRESENTATIVES. Members of the house of representatives shall be elected for terms of four two years,those from odd-numbered districts in the years the numbers of which are multiples of four and those from even-numbered districts in even-numbered years the numbers of which are not multiples of four in each even-numbered year.(c) QUALIFICATIONS. Each legislator shall be at least twenty-one years of age and,an elector and resident of the district from which elected and shall have resided in the state for a period of two years prior to election. (d) ASSUMING OFFICE; VACANCIES. Members of the legislature shall take office upon election. Vacancies in legislative office shall be filled only by election as provided by law. ARTICLE VI SUFFRAGE AND ELECTIONS SECTION 4. Disqualifications.-(a) A No person convicted of a felony, or adjudicated in this or any other state to be mentally incompetent, is not shall be qualified to vote or hold office until restoration of civil rights or removal of disability. (b) A No person may not appear on the ballot for re-election as a senator or representative if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for twelve consecutive years. to any of the following offices: (1) Florida representative, (2) Florida senator, (c) (3) A person may not appear on the ballot for re-election to the office of Florida Lieutenant governor or to,(4) any office of the Florida cabinet office,(5) U.S. Representative from Florida, or (6) U.S. Senator from Florida 62 if, by the end of the current term of office, the person will have served (or, but for resignation, would have served) in that office for eight consecutive years. ARTICLE XII SCHEDULE Implementation of amendments relating to the terms of certain elected officials.-(a) The amendments to Section of Article III and Section of Article VI and the creation of this section shall take effect upon approval by the electors. (b) During the organizational session following the 2012 general election, the Legislature shall implement the amendment to subsection (a) of Section of Article III by law. Under the implementing legislation, senators elected during the 2012 general election shall be elected to terms of at least four years. The terms of senators having two years remaining to their terms on the date of the general election may be extended by two years. (c) Those representatives elected in even-numbered districts in the 2012 general election shall be elected to terms of two years. Those representatives elected in odd-numbered districts in the 2012 general election shall be elected to terms of four years. BE IT FURTHER RESOLVED that the following statement be placed on the ballot: CONSTITUTIONAL AMENDMENTS ARTICLE III, SECTION 89 ARTICLE VI, SECTION 90 ARTICLE XII TERMS OF STATE SENATORS AND STATE REPRESENTATIVES.-The State Constitution provides that state senators are elected to terms of years and state representatives are elected to terms of years. The State Constitution also generally limits state senators and state representatives to serving consecutive years in office. This amendment increases the terms of state senators from to years and the terms of state representatives from to years. The amendment also generally limits state senators and state representatives to serving consecutive years in office. | Term Limits |
Revises date by which DOH must create & administer onsite sewage treatment & disposal system evaluation program; revises date by which Surgeon General must determine revenue neutral fee schedule for specified onsite sewage treatment & disposal system services. | An act relating to onsite sewage treatment and disposal systems; amending s. 381.0065, F.S.; revising the date by which the Department of Health must create and administer a statewide onsite sewage treatment and disposal system evaluation program; amending s. 381.0066, F.S.; revising the date by which the Surgeon General must determine a revenue neutral fee schedule for specified onsite sewage treatment and disposal system services; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Paragraph (a) of subsection (5) of section 381.0065, Florida Statutes, is amended to read: 381.0065 Onsite sewage treatment and disposal systems; regulation.-(5) EVALUATION AND ASSESSMENT.-(a) Beginning July January 1, 2011, the department shall administer an onsite sewage treatment and disposal system evaluation program for the purpose of assessing the fundamental operational condition of systems and identifying any failures within the systems. The department shall adopt rules implementing the program standards, procedures, and requirements, including, but not limited to, a schedule for a 5-year evaluation cycle, requirements for the pump-out of a system or repair of a failing system, enforcement procedures for failure of a system owner to obtain an evaluation of the system, and failure of a contractor to timely submit evaluation results to the department and the system owner. The department shall ensure statewide implementation of the evaluation and assessment program by January 1, 2016. Section 2. Subsection (2) of section 381.0066, Florida Statutes, is amended to read: 381.0066 Onsite sewage treatment and disposal systems; fees.-(2) The minimum fees in the following fee schedule apply until changed by rule by the department within the following limits: (a) Application review, permit issuance, or system inspection, including repair of a subsurface, mound, filled, or other alternative system or permitting of an abandoned system: a fee of not less than $25, or more than $125. (b) A 5-year evaluation report submitted pursuant to s. 381.0065(5): a fee not less than $15, or more than $30. At least $1 and no more than $5 collected pursuant to this paragraph shall be used to fund a grant program established under s. 381.00656. (c) Site evaluation, site reevaluation, evaluation of a system previously in use, or a per annum septage disposal site evaluation: a fee of not less than $40, or more than $115. (d) Biennial Operating permit for aerobic treatment units or performance-based treatment systems: a fee of not more than $100. (e) Annual operating permit for systems located in areas zoned for industrial manufacturing or equivalent uses or where the system is expected to receive wastewater which is not domestic in nature: a fee of not less than $150, or more than $300. (f) Innovative technology: a fee not to exceed $25,000. (g) Septage disposal service, septage stabilization facility, portable or temporary toilet service, tank manufacturer inspection: a fee of not less than $25, or more than $200, per year. (h) Application for variance: a fee of not less than $150, or more than $300. (i) Annual operating permit for waterless, incinerating, or organic waste composting toilets: a fee of not less than $50, or more than $150. (j) Aerobic treatment unit or performance-based treatment system maintenance entity permit: a fee of not less than $25, or more than $150, per year. (k) Reinspection fee per visit for site inspection after system construction approval or for noncompliant system installation per site visit: a fee of not less than $25, or more than $100. (l) Research: An additional $5 fee shall be added to each new system construction permit issued to be used to fund onsite sewage treatment and disposal system research, demonstration, and training projects. Five dollars from any repair permit fee collected under this section shall be used for funding the hands-on training centers described in s. 381.0065(3)(j). (m) Annual operating permit, including annual inspection and any required sampling and laboratory analysis of effluent, for an engineer-designed performance-based system: a fee of not less than $150, or more than $300. 88 On or before July January 1, 2011, the Surgeon General, after consultation with the Revenue Estimating Conference, shall determine a revenue neutral fee schedule for services provided pursuant to s. 381.0065(5) within the parameters set in paragraph (b). Such determination is not subject to the provisions of chapter 120. The funds collected pursuant to this subsection must be deposited in a trust fund administered by the department, to be used for the purposes stated in this section and ss. 381.0065 and 381.00655. Section 3. This act shall take effect upon becoming a law. | Onsite Sewage Treatment and Disposal Systems |
Provides for lease of sovereignty submerged lands for private residential single-family docks & piers, private residential multifamily docks & piers, & private residential multislip docks; provides for term of lease & lease fees; provides for inspection of such docks, piers, & related structures by DEP; clarifies authority of Board of Trustees of the Internal Improvement Trust Fund & DEP to impose additional fees & requirements; provides appropriation. APPROPRIATION: | An act relating to sovereignty submerged lands; creating s. 253.0347, F.S.; providing for the lease of sovereignty submerged lands for private residential single-family docks and piers, private residential multifamily docks and piers, and private residential multislip docks; providing for the term of the lease and lease fees; providing for inspection of such docks, piers, and related structures by the Department of Environmental Protection; clarifying the authority of the Board of Trustees of the Internal Improvement Trust Fund and the department to impose additional fees and requirements; providing an appropriation; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. Section 253.0347, Florida Statutes, is created to read: 253.0347 Lease of sovereignty submerged lands for private residential docks and piers.-(1) The maximum initial term of a standard lease of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock is years. A lease is renewable for successive terms of up to years if the parties agree and the lessee complies with all terms of the lease and all applicable laws and rules. (2)(a) A standard lease contract for sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock must specify the amount of lease fees as established by the Board of Trustees of the Internal Improvement Trust Fund. (b) If private residential multifamily docks or piers, private residential multislip docks, and other private residential structures pertaining to the same upland parcel include a total of no more than one wet slip for each approved upland residential unit, the lessee is not required to pay a lease fee on a preempted area of square feet or less of sovereignty submerged lands for each linear foot of shoreline in which the lessee has a sufficient upland interest as determined by the Board of Trustees of the Internal Improvement Trust Fund. (c) A lessee of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock is not required to pay a lease fee on revenue derived from the transfer of fee simple or beneficial ownership of private residential property that is entitled to a homestead exemption pursuant to s. 196.031 at the time of transfer. (d) A lessee of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock must pay a lease fee on any income derived from a wet slip, dock, or pier in the preempted area under lease in an amount determined by the Board of Trustees of the Internal Improvement Trust Fund. (3) The Department of Environmental Protection shall inspect each private residential single-family dock or pier, private residential multifamily dock or pier, private residential multislip dock, or other private residential structure under lease at least once every years to determine compliance with the terms and conditions of the lease. (4) This section does not prohibit the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection from imposing additional application fees, regulatory permitting fees, or other lease requirements as otherwise authorized by law. Section 2. Beginning with the 2011-2012 fiscal year, the sum of $1 million in recurring funds is appropriated from the General Revenue Fund to the Internal Improvement Trust Fund for purposes of administration, management, and disposition of sovereignty submerged lands. Section 3. This act shall take effect July 1, 2011. | Sovereignty Submerged Lands |
Provides that resistance, obstruction, or opposition must be based on factors other than mere flight from officer or other person to whom this section applies. | An act relating to resisting an officer or other specified person without violence; amending s. 843.02, F.S.; providing that resistance, obstruction, or opposition must be based on factors other than mere flight from an officer or other person to whom this section applies; providing an effective date. 9 Be It Enacted by the Legislature of the State of Florida: 11 Section 1. Section 843.02, Florida Statutes, is amended to read: 843.02 Resisting officer or other such person without violence to his or her person.-Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer or other such person,commits shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For purposes of this section, resistance, obstruction, or opposition must be based on factors other than mere flight from an officer or other person to whom this section applies. Section 2. This act shall take effect July 1, 2011. | Resisting Officer or Other Person Without Violence |
Encourages donation of surplus fire equipment & materials to Florida's volunteer fire departments. | WHEREAS, surplus fire equipment and materials have been donated to countries overseas by municipal and other fire departments, and WHEREAS, almost half of the expenses of volunteer fire departments in this state could be lessened by such donations to volunteer fire departments, and WHEREAS, surplus fire equipment and materials paid for by taxpayers should be donated to sister fire departments in this state, and WHEREAS, the City of Hallandale Beach, the Broward County League of Cities, the Florida League of Cities, the United States Conference of Mayors, and the National League of Cities have adopted resolutions encouraging the donation of surplus fire equipment and materials to volunteer fire departments, NOW, THEREFORE, 24 Be It Resolved by the House of Representatives of the State of Florida: 27 That the Florida House of Representatives strongly encourages the donation of surplus fire equipment and materials to Florida's volunteer fire departments. | Fire Equipment |
Provides for recovery through surcharge of costs for water & wastewater system improvement projects; requires PSC approval of surcharge; limits surcharge amount; provides requirements for surcharge billing, reconciliation, & adjustment; provides project eligibility criteria; provides requirements for notice, maintenance, & availability of certain records; provides that surcharges are subject to refund under certain conditions. | An act relating to water and wastewater utilities; creating s. 367.0819, F.S.; providing for recovery through a surcharge of certain costs relating to water and wastewater system improvement projects; defining the term "nonrevenue-producing project"; requiring utilities to submit surcharge tariffs reflecting the surcharge calculation for recovery of such costs to the Florida Public Service Commission for approval and to provide specified notice of such surcharge tariff filings; requiring utilities to submit specified sworn affirmations to the commission; providing a penalty for false statements with regard to such affirmations; authorizing the commission to order utilities to make refunds to ratepayers under certain conditions; providing construction; providing for the automatic approval of the surcharge tariff within a specified period after filing the surcharge tariff with the commission; requiring the surcharge notice to be presented as a separate line item on the customer's bill; specifying a limitation for the surcharge amount; providing requirements for billing, reconciliation, and quarterly adjustment of the surcharge; specifying a limitation for recovery of project costs; providing project eligibility criteria; specifying water and wastewater treatment criteria; providing requirements for notice, maintenance, and availability of certain records; authorizing the commission to review specified projects; providing that surcharges are subject to refund under certain conditions; providing an effective date. 31 Be It Enacted by the Legislature of the State of Florida: 33 Section 1. Section 367.0819, Florida Statutes, is created to read: 367.0819 Recovery of costs for system improvement projects.-(1)(a) In order to promote utility investment in system improvement projects, the commission shall allow a utility to recover prudently incurred capital costs related to nonrevenue-producing projects to enhance water quality, fire protection reliability, and long-term system viability through a surcharge collected pursuant to this section. The costs of existing or new facilities to serve new customers are not recoverable through this surcharge. (b) For purposes of this section, a "nonrevenue-producing project" means a project that is not constructed or installed for the purpose of serving a new customer. (2) A utility seeking to establish a surcharge pursuant to this section must: (a) Submit, for commission approval, the proposed surcharge tariff establishing a formula for the calculation of rates reflecting the surcharge, which rates provide for recovery of depreciation and return on investment for each eligible project. The return on investment for each eligible project must be based on the utility's last authorized pretax rate of return. The surcharge must be calculated, applied, and recovered in accordance with the utility's last authorized rate structure. Until the surcharge is reset pursuant to paragraph (5)(d), the total cumulative amount of the surcharge revenue recovered by the utility may not exceed percent of the utility's total annual retail water service revenues, and, where applicable, percent of the utility's total annual wastewater service revenues, excluding revenue collected through the surcharge, for the preceding calendar year. (b) Provide notice by mail of the initial surcharge tariff filing to each customer in the affected service areas and publish notice of the surcharge filing in a newspaper of general circulation in the affected service areas. (3)(a) Before implementing a surcharge pursuant to this section, the utility shall file a sworn affirmation with the commission as to the accuracy of the figures and calculations upon which the surcharge or any adjustment thereto is based, stating that the change in rates will not cause the utility to exceed the range of its last authorized rate of return on equity. A person who makes a false statement in the affirmation required under this paragraph, which statement he or she does not believe to be true in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) If, within months after the filing of a utility's report pursuant to s. 367.121, the commission finds that the utility exceeded the range of its last authorized rate of return on equity after the implementation of the surcharge within the year for which the report was filed, the commission may order the utility to refund, with interest, the difference to the ratepayers and adjust rates accordingly. This paragraph may not be construed to require a bond or corporate undertaking in order for the utility to implement the surcharge. (4) A surcharge tariff submitted by a utility in compliance with paragraph (2)(a) is not subject to s. 367.091 and shall be approved as a matter of right without hearing within days after filing the surcharge tariff with the commission. (5) A surcharge established pursuant to this section shall be: (a) Presented as a separate line item on the customer's bill and billed in accordance with the billing cycle in the utility's approved tariff. Any changes in the surcharge must be reflected on the first bill the customer receives after the change of the surcharge. (b) Revaluated, and adjusted if necessary, quarterly to reflect the costs of eligible projects placed into service. The utility shall file the supporting data to increase or reduce the surcharge with the commission for each revaluation along with a sworn affirmation pursuant to paragraph (3)(a) and shall contemporaneously deliver copies of the supporting data and the sworn affirmation to the Office of the Public Counsel. The surcharge adjustment is not subject to s. 367.091 and shall take effect without hearing days after the supporting data and sworn affirmation are filed with the commission and delivered to the Office of the Public Counsel. (c) Subject to an annual reconciliation of revenues and costs based on a reconciliation period of months to begin on the date the surcharge is approved as a matter of right pursuant to subsection (4). Within days after the end of each reconciliation period, the utility shall file with the commission, and deliver to the Office of the Public Counsel, a reconciliation report that compares the actual surcharge revenues received and the actual eligible costs incurred by the utility during the prior period along with the sworn affirmation required by paragraph (3)(a). A reconciliation report filed in accordance with this paragraph shall be administratively approved by the commission without hearing within days after filing. The difference between revenue and costs shall be recovered or refunded, as appropriate, by the utility without hearing as an automatic adjustment to the subsequent surcharge calculation. Revenues in excess of system-improvement costs shall be refunded with interest to customers pursuant to the commission's rule on interest for water and wastewater utilities. (d) Reset at zero as of the effective date of new base rates that provide for prospective recovery of the costs that had previously been recovered under the surcharge. Thereafter, only the costs of new eligible projects that have not previously been included in the base rate of the utility shall be reflected in the surcharge. (6) Recovery of project costs pursuant to this section does not preclude such costs from being included in base rates in subsequent rate proceedings. However, a project cost recovered in base rates may not be recovered through a surcharge established pursuant to this section. (7) A project is eligible for recovery of costs through the surcharge if it is: (a) Completed and placed into service after the test year upon which base rates were last established by the commission for the utility; and (b) For the construction of nonrevenue-producing improvement projects that are used for the production, treatment, transmission, storage, distribution, or provision of potable or recycled water to the public or for the collection, transportation, or disposal of wastewater for the public. Such projects may include, but are not limited to, water quality improvement projects designed to achieve primary or secondary water standards as determined by the Department of Environmental Protection, the United States Environmental Protection Agency, or any other governmental entity having similar regulatory jurisdiction; wastewater quality improvement projects; main, service line, and valve replacement projects; main relining and rehabilitation projects; fire and flushing hydrant installation and replacement projects; main extension projects to eliminate dead ends; interconnection projects; water, wastewater, and reuse meter installation and replacement projects; wastewater collection, replacement, relining, and rehabilitation projects; and manhole replacement and rehabilitation projects. (8) Water and wastewater treatment includes production of any sodium solution, excluding sodium hypochlorite, used in conjunction with the treatment process but does not include the onsite manufacturing of liquid chlorine or bleach. (9) Upon approval of the surcharge tariff, the utility shall maintain and make available for public inspection during normal business hours at each utility location or on the utility's website a detailed schedule for each completed project, including the plant account number and title, the category of the project, the project name and description, the cost of the project in the month of closing, and the month and year of closing. Notice of the availability of the schedules for public inspection shall be posted in each office of the utility. (10) The commission may review the prudence of all projects subject to the surcharge in the utility's next base rate proceeding following the commission's initial approval of the surcharge pursuant to subsection (4). Revenues from such surcharges are subject to refund if the commission subsequently determines that the costs of a project were not prudently incurred or that the project is not used and useful in the public service, and any such refund shall be made pursuant to the commission's rule on refunds for water and wastewater utilities. Section 2. This act shall take effect July 1, 2011. | Water and Wastewater Utilities |
Revises provisions relating to prohibited bullying or harassment with respect to computer-related incidents; redefines term "bullying" to include emotional hurt; revises components of school district policy on bullying & harassment; requires investigation of complaint of computer-related incident. | An act relating to bullying of school children; amending s. 1006.147, F.S.; prohibiting bullying or harassment of a student or school employee by use of any computer, computer system, or computer network that is physically located on school property, regardless of ownership; adding "emotional hurt" to the list of behaviors that, when taken singularly or in combination, may indicate that a child is being bullied at school; defining the term "within the scope of a public K-12 educational institution"; requiring that each school district include in its districtwide policy instruction to students, parents, teachers, school administrators, counseling staff, and school volunteers on how to recognize behaviors that lead to bullying and harassment and how to take appropriate preventative action based on each of those individual's observations; requiring that any complaint of a computer-related incident of bullying be investigated by a school district official using a computer on which web-filtering software is not installed; providing an effective date. 23 Be It Enacted by the Legislature of the State of Florida: 25 Section 1. Subsections (2) and (3) and paragraph (l) of subsection (4) of section 1006.147, Florida Statutes, are amended, and paragraph (c) is added to subsection (7) of that section, to read: 1006.147 Bullying and harassment prohibited.-(2) Bullying or harassment of any student or employee of a public K-12 educational institution is prohibited: (a) During any education program or activity conducted by a public K-12 educational institution; (b) During any school-related or school-sponsored program or activity or on a school bus of a public K-12 educational institution; or (c) Through the use of data or computer software that is accessed through a computer, computer system, or computer network within the scope of a public K-12 educational institution. (3) For purposes of this section: (a) "Bullying" means systematically and chronically inflicting physical hurt or psychological distress on one or more students and may involve: 1. Teasing; 2. Social exclusion; 3. Threat; 4. Intimidation; 5. Stalking; 6. Physical violence; 7. Theft; 8. Sexual, religious, or racial harassment; 9. Public humiliation; or 10. Destruction of property;or 11. Emotional hurt.(b) "Harassment" means any threatening, insulting, or dehumanizing gesture, use of data or computer software, or written, verbal, or physical conduct directed against a student or school employee that: 1. Places a student or school employee in reasonable fear of harm to his or her person or damage to his or her property; 2. Has the effect of substantially interfering with a student's educational performance, opportunities, or benefits; or 3. Has the effect of substantially disrupting the orderly operation of a school. (c) "Within the scope of a public K-12 educational institution" means, regardless of ownership, any computer, computer system, or computer network that is physically located on school property. (d) (c) Definitions in s. 815.03 and the definition in s. 784.048(1)(d) relating to stalking are applicable to this section. (e) (d) The definitions of "bullying" and "harassment" include: 1. Retaliation against a student or school employee by another student or school employee for asserting or alleging an act of bullying or harassment. Reporting an act of bullying or harassment that is not made in good faith is considered retaliation. 2. Perpetuation of conduct listed in paragraph (a) or paragraph (b) by an individual or group with intent to demean, dehumanize, embarrass, or cause physical harm to a student or school employee by: a. Incitement or coercion; b. Accessing or knowingly causing or providing access to data or computer software through a computer, computer system, or computer network within the scope of the district school system; or c. Acting in a manner that has an effect substantially similar to the effect of bullying or harassment. (4) By December 1, 2008, each school district shall adopt a policy prohibiting bullying and harassment of any student or employee of a public K-12 educational institution. Each school district's policy shall be in substantial conformity with the Department of Education's model policy mandated in subsection (5). The school district bullying and harassment policy shall afford all students the same protection regardless of their status under the law. The school district may establish separate discrimination policies that include categories of students. The school district shall involve students, parents, teachers, administrators, school staff, school volunteers, community representatives, and local law enforcement agencies in the process of adopting the policy. The school district policy must be implemented in a manner that is ongoing throughout the school year and integrated with a school's curriculum, a school's discipline policies, and other violence prevention efforts. The school district policy must contain, at a minimum, the following components: (l) A procedure for providing instruction to students, parents, teachers, school administrators, counseling staff, and school volunteers on identifying, preventing, and responding to bullying or harassment,including instruction on how to recognize behaviors that lead to bullying and harassment and how to take appropriate preventative action based on each of those individual's observations.(7) (c) Any complaint of a computer-related incident must be investigated by a school district official using a computer on which web-filtering software is not installed. Section 2. This act shall take effect July 1, 2011. | Bullying of School Children |
Creates Sustainable and Renewable Energy Policy Trust Fund within Florida Energy Office of DEP; provides for sources of funds, purposes, & annual carryforward of funds; provides for future review & termination or re-creation of trust fund; provides for contingent effective date. | An act relating to trust funds; creating the Sustainable and Renewable Energy Policy Trust Fund within the Florida Energy Office of the Department of Environmental Protection; providing for sources of funds and purposes; providing for annual carryforward of funds; providing for the future review and termination or re-creation of the trust fund; providing a contingent effective date. 10 Be It Enacted by the Legislature of the State of Florida: 12 Section 1. (1) The Sustainable and Renewable Energy Policy Trust Fund is created within the Florida Energy Office of the Department of Environmental Protection. The trust fund shall be administered by the head of the office or his or her designee. Funds allocated to the trust fund include funds received from state appropriations, federal and state grants, and deposits consisting of the monthly service charge collected by the electric utilities in the state from every residential, commercial, and industrial consumer of electric service. The funds in the trust fund shall be used to support the activities of the direct-support organization of the office relating to sustainable and renewable energy projects in this state. (2) Notwithstanding s. 216.301, Florida Statutes, and pursuant to s. 216.351, Florida Statutes, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund. (3) In accordance with s. 19(f)(2), Article III of the State Constitution, the Sustainable and Renewable Energy Policy Trust Fund shall, unless terminated sooner, be terminated on July 1, 2015. Before its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2), Florida Statutes. Section 2. This act shall take effect on the same date that House Bill or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes law. | Sustainable & Renewable Energy Policy TF/DEP |
Revises contamination notification provisions; requires individuals responsible for site rehabilitation to provide notice of site rehabilitation to specified entities; revises provisions relating to content of such notice; requires DEP to provide notice to specified entities & certain property owners; authorizes DEP to pursue enforcement measures for noncompliance; revises DEP notification requirements for certain public & private schools, child care facilities, & public & private colleges & universities, etc. | An act relating to contamination notification; amending s. 376.30702, F.S.; revising contamination notification provisions; requiring individuals responsible for site rehabilitation to provide notice of site rehabilitation to specified entities; revising provisions relating to the content of such notice; requiring the Department of Environmental Protection to provide notice of site rehabilitation to specified entities and certain property owners; requiring the department to verify compliance with notice requirements; authorizing the department to pursue enforcement measures for noncompliance with notice requirements; revising the department's contamination notification requirements for certain public schools; requiring the department to provide specified notice to certain private schools, child care facilities, and public and private colleges and universities; requiring the department to provide specified notice to public schools and public and private colleges and universities within specified areas; providing notice requirements, including directives to extend such notice to certain other persons; requiring the department to provide a list of sites under rehabilitation to specified entities; requiring local governments to provide specified notice to homeowners' and neighborhood associations; authorizing the department to recover notification costs from responsible parties under certain conditions; revising rulemaking authority; providing an effective date. 30 Be It Enacted by the Legislature of the State of Florida: 32 Section 1. Section 376.30702, Florida Statutes, is amended to read: 376.30702 Contamination notification.-(1) FINDINGS; INTENT; APPLICABILITY.-The Legislature finds and declares that when contamination is discovered by any person as a result of site rehabilitation activities conducted pursuant to the risk-based corrective action provisions found in s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, or pursuant to an administrative or court order, it is in the public's best interest that potentially affected persons be notified of the existence of such contamination. Therefore, persons discovering such contamination shall notify the department and those identified under this section of the such discovery in accordance with the requirements of this section,and the department shall be responsible for notifying the affected public.The Legislature intends that for the provisions of this section to govern the notice requirements for early notification of the discovery of contamination. (2) INITIAL NOTICE OF CONTAMINATION BEYOND PROPERTY BOUNDARIES.-(a) If at any time during site rehabilitation conducted pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701,or an administrative or court order the person responsible for site rehabilitation, the person's authorized agent, or another representative of the person discovers from laboratory analytical results that comply with appropriate quality assurance protocols specified in department rules that contamination as defined in applicable department rules exists in any groundwater, surface water, or soil medium beyond the boundaries of the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701,the person responsible for site rehabilitation shall give actual notice as soon as possible, but no later than 45 days after the from such discovery, to the Division of Waste Management at the department's Tallahassee office. The actual notice must shall be provided on a form adopted by department rule and mailed by certified mail, return receipt requested. The person responsible for site rehabilitation shall simultaneously provide by certified mail, return receipt requested, mail a copy of the such notice to the appropriate department district office and,county health department,and all known lessees and tenants of the source property.(b) The notice must shall include the following information: 1. (a) The location of the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and contact information for the person responsible for site rehabilitation, the person's authorized agent, or another representative of the person. 2. (b) A listing of all record owners of the any real property,other than the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, at which contamination has been discovered; the parcel identification number for any such real property; and the owner's address listed in the current county property tax office records;and the owner's telephone number.The requirements of this paragraph do not apply to the notice to known tenants and lessees of the source property. 3. (c) Separate tables for by medium, such as groundwater, soil, and surface water which,or sediment, that list sampling locations identified on the vicinity map described in subparagraph 4.;sampling dates; names of contaminants detected above cleanup target levels; their corresponding cleanup target levels; the contaminant concentrations; and whether the cleanup target level is based on health, nuisance, organoleptic, or aesthetic concerns. 4. (d) A vicinity map that shows each sampling location with corresponding laboratory analytical results described in subparagraph 3. and the date on which the sample was collected and that identifies the property boundaries of the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701 and any the other properties at which contamination has been discovered during such site rehabilitation. If available, a contaminant plume map signed and sealed by a state-licensed professional engineer or geologist may be included with the vicinity map. (3) DEPARTMENT'S NOTICE RESPONSIBILITIES.-(a) Within days after receiving the actual notice required under pursuant to subsection (2), or within days of the effective date of this act if the department already possesses information equivalent to that required by the notice, the department shall verify that the person responsible for site rehabilitation has complied with the notice requirements of subsection (2) send a copy of such notice, or an equivalent notification, to all record owners of any real property, other than the property at which site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), s. 376.81, or s. 376.30701, at which contamination has been discovered.If the person responsible for site rehabilitation has not complied with the notice requirements of subsection (2), then the department may pursue enforcement as provided under this chapter and chapter 403. (b) Within days after receiving the actual notice required under subsection (2), the department shall notify the following persons of the contamination for which notice was required pursuant to subsection (2): 1. The mayor, the chair of the county commission, or the comparable senior elected official representing the affected area. 2. The city manager, the county administrator, or the comparable senior administrative official representing the affected area. 3. The state senator and state representative representing the affected area. 4. All real property owners, presidents of any condominium associations or sole owners of condominiums, presidents of any cooperative associations or sole owners of cooperatives, lessees, and the tenants of record for: a. Any real property, other than the property at which site rehabilitation was initiated pursuant to s. 376.30701, s. 376.3071(5), s. 376.3078(4), or s. 376.81, at which contamination has been discovered; b. Any properties identified within the boundaries of a contaminant plume located on a contaminant plume map provided pursuant to subparagraph (2)(b)4., any properties identified by a state-licensed professional engineer or professional geologist through a certified site-specific determination that such contamination is reasonably likely to be present beyond the boundaries of the source property, or any properties within a 500-foot radius of each sampling point at which contamination is discovered where a contaminant plume map is not provided, if site rehabilitation was initiated pursuant to s. 376.30701 or an administrative or court order; and c. Any properties identified within the boundaries of a contaminant plume located on a contaminant plume map provided pursuant to subparagraph (2)(b)4., any properties identified by a state-licensed professional engineer or professional geologist through a certified site-specific determination that such contamination is reasonably likely to be present beyond the boundaries of the source property, or any properties within a 250-foot radius of each sampling point at which contamination is discovered where a contaminant plume map is not provided, if site rehabilitation was initiated pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at, or in connection with, a permitted solid waste management facility subject to a groundwater monitoring plan. (c) The notice provided to: 1. Local government officials described in subparagraphs (b)1. and 2. shall be mailed by certified mail, return receipt requested. 2. Real property owners, presidents of any condominium associations or sole owners of condominiums, presidents of any cooperative associations or sole owners of cooperatives, lessees, and tenants of record shall be delivered by certified mail, return receipt requested, first-class mail, hand delivery, or door hanger. (d)1. If the property at which contamination has been discovered is the site of a public pre-K or K-12 school as defined in s. 1003.01, the department shall mail also send a copy of the notice to the superintendent chair of the school board of the school district in which the property is located and direct the superintendent said school board to provide actual notice within days to teachers and parents or guardians of students attending the public pre-K or K-12 school during the period of site rehabilitation. 2. If the property at which contamination has been discovered is the site of a private pre-K or K-12 school or a child care facility as defined in s. 402.302, the department shall mail a copy of the notice to the governing board, principal, or owner of the private pre-K or K-12 school or child care facility and direct the governing board, principal, or owner to provide actual notice within days to teachers and parents or guardians of students or children attending the private pre-K or K-12 school or child care facility during the period of site rehabilitation. 3. If any property within a 1-mile radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.30701 or an administrative or court order is the site of a public pre-K or K-12 school as defined in s. 1003.01, the department shall mail a copy of the notice to the superintendent of the school district in which the property is located. 4. If any property within a 250-foot radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81, or at, or in connection with, a permitted solid waste management facility subject to a groundwater monitoring plan, is the site of a public pre-K or K-12 school as defined in s. 1003.01, the department shall mail a copy of the notice to the superintendent of the school district in which the property is located. 5. If the property at which contamination has been discovered is the site of a public or private college or university, the department shall mail a copy of the notice to the president of the public or private college or university and the chair of the Board of Governors or board of trustees. 6. If any property within a 1-mile radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.30701 or an administrative or court order is the site of a public or private college or university, the department shall mail a copy of the notice to the president of the public or private college or university and the chair of the Board of Governors or board of trustees. 7. If any property within a 250-foot radius of the sampling point at which contamination has been discovered during site rehabilitation pursuant to s. 376.3071(5), s. 376.3078(4), or s. 376.81 is the site of a public or private college or university, the department shall mail a copy of the notice to the president of the public or private college or university and the chair of the Board of Governors or board of trustees. (e) Along with the copy of the notice or its equivalent,the department shall include a letter identifying sources of additional information about the contamination and a telephone number to which further inquiries should be directed. The department may collaborate with the Department of Health to develop such sources of information and to establish procedures for responding to public inquiries about health risks associated with contaminated sites. (f) The department shall provide quarterly a list to both United States Senators for the state of all contaminated sites being rehabilitated pursuant to s. 376.30701, s. 376.3071(5), s. 376.3078(4), or s. 376.81 that are located within the state and to each representative to Congress for the state of all contaminated sites being rehabilitated pursuant to s. 376.30701, s. 376.3071(5), s. 376.3078(4), or s. 376.81 that are located within that individual's congressional district. (4) LOCAL GOVERNMENT'S NOTICE RESPONSIBILITIES.-Within days after receiving the actual notice required under subsection (3), the local government shall mail a copy of the notice to the president of any homeowners' association created pursuant to chapter 720, the president or equivalent representative of any incorporated voluntary homeowners' or neighborhood association, and the president or equivalent representative of any other existing voluntary homeowners' or neighborhood association that is not incorporated but has registered with the applicable local government pursuant to local governmental requirements that are located within the areas identified in sub-subparagraph (3)(b)4.a., sub-subparagraph (3)(b)4.b., or sub-subparagraph (3)(b)4.c. (5) RECOVERY OF NOTIFICATION COSTS.-The department may recover the costs of postage, materials, and labor associated with notification from the party responsible for the contamination, unless site rehabilitation is eligible for state-funded cleanup pursuant to the risk-based corrective action provisions found in s. 376.3071(5) or s. 376.3078(4), provided that sufficient funds exist within the trust funds to cover the cost of the notification. (6) (4) RULEMAKING AUTHORITY.-The department shall adopt rules and forms pursuant to ss. 120.536(1) and 120.54 to administer implement the requirements of this section. Section 2. This act shall take effect July 1, 2011. | Contamination Notification |
Revises provisions relating to Century Commission for a Sustainable Florida; revises findings & intent; revises planning timeframes; revises membership of commission; deletes obsolete provisions; provides for election of chair; provides meeting requirements for commission; provides & revises powers & duties of executive director & commission; provides voting requirements; provides for reimbursement for per diem & travel expenses, etc. | An act relating to the Century Commission for a Sustainable Florida; amending s. 163.3247, F.S.; revising provisions relating to the Century Commission for a Sustainable Florida; revising the findings and intent to include the necessity for a specific strategic plan addressing the state's growth management system; revising the planning timeframes to include a 10-year horizon; revising membership of the commission; deleting obsolete provisions regarding initial appointments; providing for the election of a chair and excluding certain members from serving as chair during a specified period; requiring that the commission meet at least six times per fiscal year; deleting a provision that requires the commission to meet in different regions in the state; requiring that the executive director establish a meeting calendar with the commission's approval; authorizing the commission to form subcommittees by vote; providing for a majority vote of members on commission actions; providing for reimbursement for per diem and travel expenses; revising provisions relating to the commission's powers and duties; requiring that the commission, in cooperation with interested state agencies, local governments, and nongovernmental stakeholders, develop a strategic plan and submit the plan to the Governor and the Legislature by a specified date; requiring that the commission also submit progress reports by specified dates; requiring that the commission make presentations to the Governor and the Legislature; providing that an executive director be appointed by the Secretary of Community Affairs and ratified by the commission; requiring that the Department of Community Affairs provide a specific line item in its annual legislative budget request to fund the commission during a specified period; authorizing the department to obtain additional funding through external grants; requiring that the department provide sufficient funding and staff support to assist the commission in its duties; providing for future expiration and the abolishment of the commission; providing an effective date. 41 Be It Enacted by the Legislature of the State of Florida: 43 Section 1. Section 163.3247, Florida Statutes, as amended by section of chapter 2010-153, Laws of Florida, is amended, and subsection (6) is added to that section, to read: 163.3247 Century Commission for a Sustainable Florida.-(1) POPULAR NAME.-This section may be cited as the "Century Commission for a Sustainable Florida Act." (2) FINDINGS AND INTENT.-The Legislature finds and declares that the population of this state is expected to more than double over the next years, with commensurate impacts to the state's natural resources and public infrastructure. Consequently, it is in the best interests of the people of the state to ensure sound planning for the proper placement of this growth and protection of the state's land, water, and other natural resources since such resources are essential to our collective quality of life and a strong economy. The state's growth management system should foster economic stability through regional solutions and strategies, urban renewal and infill, and the continued viability of agricultural economies, while allowing for rural economic development and protecting the unique characteristics of rural areas, and should reduce the complexity of the regulatory process while carrying out the intent of the laws and encouraging greater citizen participation. The Legislature further finds that it is imperative that the state have a specific strategic plan addressing its growth management system. (3) CENTURY COMMISSION FOR A SUSTAINABLE FLORIDA; CREATION; ORGANIZATION.-The Century Commission for a Sustainable Florida is created as a standing body to help the citizens of this state envision and plan their collective future with an eye towards 10-year, both 25-year,and 50-year horizons. (a) The commission shall consist of members appointed as follows:,1. Two members appointed by the Governor;, 2. Five members appointed by the President of the Senate;, and 3. Five members appointed by the Speaker of the House of Representatives;4. The chairs of the legislative growth management committees; 5. The Secretary of Community Affairs; 6. The Secretary of Environmental Protection; 7. The Secretary of Transportation; and 8. The director of the Office of Tourism, Trade, and Economic Development.(b) Appointments shall be made no later than October 1, 2005. Members of the commission The membership must represent local governments, school boards, developers and homebuilders, the business community, the agriculture community, the environmental community, and other appropriate stakeholders. Beginning July 1, 2011, through June 30, 2013, one member shall be elected to serve as chair by a vote of the commission membership. However, the chairs of the legislative growth management committees, the Secretary of Community Affairs, the Secretary of Environmental Protection, the Secretary of Transportation, and the director of the Office of Tourism, Trade, and Economic Development may not serve as chair during this period designated by the Governor as chair of the commission.Any vacancy that occurs on the commission must be filled in the same manner as the original appointment and shall be for the unexpired term of that commission seat. Members shall serve 4-year terms, except that, initially, to provide for staggered terms, the Governor, the President of the Senate, and the Speaker of the House of Representatives shall each appoint one member to serve a 2-year term, two members to serve 3-year terms, and two members to serve 4-year terms. Members shall be appointed to serve All subsequent appointments shall be for 4-year terms. An appointee may not serve more than years. However, members who are appointed on or before January 1, 2011, shall have their terms automatically extended to June 30, 2013, to ensure continuity during the development of the strategic plan. (c) (b) The fiscal year of the commission begins July each year and ends June of the following year. The first meeting of The commission shall be held no later than December 1, 2005, and shall meet at the call of the chair but not less frequently than six three times per fiscal year in different regions of the state to solicit input from the public or any other individuals offering testimony relevant to the issues to be considered. The executive director shall establish a meeting calendar for the fiscal year which considers the availability of members. The commission must vote to approve the meeting calendar before the beginning of the fiscal year. The commission may vote to form subcommittees and schedule meetings as necessary. (d) (c) Each member of the commission is entitled to one vote, and the actions of the commission are not binding unless taken by a majority three-fifths vote of the members present. A majority of the members is required to constitute a quorum, and the affirmative vote of a quorum is required for a binding vote. (e) (d) Members of the commission shall serve without compensation,but are shall be entitled to receive reimbursement for per diem and travel expenses as provided in accordance with s. 112.061 while in the performance of their duties. (4) POWERS AND DUTIES.-(a) The commission shall:(a) Annually conduct a process through which the commission envisions the future for the state and then develops and recommends policies, plans, action steps, or strategies to assist in achieving the vision. (b) Continuously review and consider statutory and regulatory provisions, governmental processes, and societal and economic trends in its inquiry of how state, regional, and local governments and entities and citizens of this state can best accommodate projected increased populations while maintaining the natural, historical, cultural, and manmade life qualities that best represent the state. (c) bring together people representing varied interests to develop a shared image of the state and its developed and natural areas. The process should involve exploring the impact of the estimated population increase and other emerging trends and issues; creating a vision for the future; and developing a strategic action plan to achieve that vision using 10-year, 25-year,and 50-year intermediate planning timeframes. The plan must: 1. (d) Focus on essential state interests, defined as those interests that transcend local or regional boundaries and are most appropriately conserved, protected, and promoted at the state level;. 2. Accommodate the projections for an increase in population while maintaining the state's natural, historical, cultural, and manmade life qualities; and 3. Be developed through a coordinated, integrated, and comprehensive effort across agencies, local governments, and nongovernmental stakeholders. (b) The commission shall submit the strategic plan to the Governor and the Legislature by November 15, 2012, along with progress reports by November 15, 2011, and March 15, 2012. The commission shall also make presentations, at least annually, to the Governor and the Legislature. (e) Serve as an objective, nonpartisan repository of exemplary community-building ideas and as a source to recommend strategies and practices to assist others in working collaboratively to problem solve on issues relating to growth management. (f) Annually, beginning January 16, 2007, and every year thereafter on the same date, provide to the Governor, the President of the Senate, and the Speaker of the House of Representatives a written report containing specific recommendations for addressing growth management in the state, including executive and legislative recommendations. Further, the report shall contain discussions regarding the need for intergovernmental cooperation and the balancing of environmental protection and future development and recommendations on issues, including, but not limited to, recommendations regarding dedicated sources of funding for sewer facilities, water supply and quality, transportation facilities that are not adequately addressed by the Strategic Intermodal System, and educational infrastructure to support existing development and projected population growth. (c) (g) Beginning with the 2007 Regular Session of the Legislature, the President of the Senate and the Speaker of the House of Representatives shall create a joint select committee, the task of which shall be to review the findings and recommendations of the Century Commission for a Sustainable Florida for potential action. (5) EXECUTIVE DIRECTOR; STAFF AND OTHER ASSISTANCE.-(a) The Secretary of Community Affairs shall select An executive director shall be appointed by the Secretary of Community Affairs and ratified by the commission and of the commission, and the executive director shall serve at the pleasure of the secretary under the supervision and control of the commission under the direction of the chair.(b) The Department of Community Affairs shall provide a specific line item in its annual legislative budget request to fund the commission for the period beginning July 1, 2011, through June 30, 2013. The department may obtain additional funding through external grants. The department shall provide sufficient funds and staff support for the purpose of assisting the commission in completing the strategic plan staff and other resources necessary to accomplish the goals of the commission based upon recommendations of the Governor.(c) All agencies under the control of the Governor are directed, and all other agencies are requested, to render assistance to, and cooperate with, the commission. (6) EXPIRATION.-This section expires and the commission is abolished June 30, 2013. Section 2. This act shall take effect July 1, 2011. | Century Commission for a Sustainable Florida |
Provides that charging order against member's limited liability interest is sole & exclusive remedy available to enforce judgment creditor's unsatisfied judgment against member or member's assignee with respect to limited liability company; provides exception for enforcing judgment creditor's unsatisfied judgment against judgment debtor or assignee of judgment debtor of single-member limited liability company under certain circumstances, etc. | WHEREAS, on June 24, 2010, the Florida Supreme Court held in Olmstead v. Federal Trade Commission (No. SC08-1009), reported at So.3d 76, 2010-1 Trade Cases P77,079, Fla. L. Weekly S357, that a charging order is not the exclusive remedy available to a creditor holding a judgment against the sole member of a Florida single-member limited liability company (LLC), and WHEREAS, a charging order represents a lien entitling a judgment creditor to receive distributions from the LLC or the partnership that otherwise would be payable to the member or partner who is the judgment debtor, and WHEREAS, the dissenting members of the Court in Olmstead expressed a concern that the majority's holding is not limited to a single-member LLC and a desire that the Legislature clarify the law in this area, and WHEREAS, the Legislature finds that the uncertainty of the breadth of the Court's holding in Olmstead may persuade businesses and investors located in Florida to organize LLCs under the law in other jurisdictions where a charging order is the exclusive remedy available to a judgment creditor of a member of a multimember LLC, and WHEREAS, the Legislature further finds it necessary to amend s. 608.433, Florida Statutes, to remediate the potential effect of the holding in Olmstead and to clarify that the current law does not extend to a member of a multimember LLC organized under Florida law and to provide procedures for application of the holding in Olmstead to a member of a single-member LLC organized under Florida law, NOW, THEREFORE, 50 Be It Enacted by the Legislature of the State of Florida: 52 Section 1. Section 608.433, Florida Statutes, is amended to read: 608.433 Right of assignee to become member.-(1) Unless otherwise provided in the articles of organization or operating agreement, an assignee of a limited liability company interest may become a member only if all members other than the member assigning the interest consent. (2) An assignee who has become a member has, to the extent assigned, the rights and powers, and is subject to the restrictions and liabilities, of the assigning member under the articles of organization, the operating agreement, and this chapter. An assignee who becomes a member also is liable for the obligations of the assignee's assignor to make and return contributions as provided in s. 608.4211 and wrongful distributions as provided in s. 608.428. However, the assignee is not obligated for liabilities which are unknown to the assignee at the time the assignee became a member and which could not be ascertained from the articles of organization or the operating agreement. (3) If an assignee of a limited liability company interest becomes a member, the assignor is not released from liability to the limited liability company under s. ss. 608.4211, s. 608.4228, or s. and 608.426. (4) (a) On application to a court of competent jurisdiction by any judgment creditor of a member or a member's assignee,the court may enter a charging order against the limited liability company interest of the judgment debtor or assignee rights for charge the limited liability company membership interest of the member with payment of the unsatisfied amount of the judgment plus with interest. (b) A charging order constitutes a lien on the judgment debtor's limited liability company interest or assignee rights. Under a charging order To the extent so charged,the judgment creditor has only the rights of an assignee of a limited liability company interest to receive any distribution or distributions to which the judgment debtor would otherwise have been entitled from the limited liability company, to the extent of the judgment, including such interest. (c) This chapter does not deprive any member or member's assignee of the benefit of any exemption law laws applicable to the member's limited liability company interest or the assignee's rights to distributions from the limited liability company.(5) Except as provided in subsections (6) and (7), a charging order is the sole and exclusive remedy by which a judgment creditor of a member or member's assignee may satisfy a judgment from the judgment debtor's interest in a limited liability company or rights to distributions from the limited liability company. (6) In the case of a limited liability company having only one member, if a judgment creditor of a member or member's assignee establishes to the satisfaction of a court of competent jurisdiction that distributions under a charging order will not satisfy the judgment within a reasonable time, a charging order is not the sole and exclusive remedy by which the judgment creditor may satisfy the judgment against a judgment debtor who is the sole member of a limited liability company or the assignee of the sole member, and upon such showing, the court may order the sale of that interest in the limited liability company pursuant to a foreclosure sale. A judgment creditor may make a showing to the court that distributions under a charging order will not satisfy the judgment within a reasonable time at any time after the entry of the judgment and may do so at the same time that the judgment creditor applies for the entry of a charging order. (7) In the case of a limited liability company having only one member, if the court orders foreclosure sale of a judgment debtor's interest in the limited liability company or of a charging order lien against the sole member of the limited liability company pursuant to subsection (6): (a) The purchaser at the court-ordered foreclosure sale obtains the member's entire limited liability company interest, not merely the rights of an assignee; (b) The purchaser at the sale becomes the member of the limited liability company; and (c) The person whose limited liability company interest is sold pursuant to the foreclosure sale or is the subject of the foreclosed charging order ceases to be a member of the limited liability company. (8) In the case of a limited liability company having more than one member, the remedy of foreclosure on a judgment debtor's interest in such limited liability company or against rights to distribution from such limited liability company is not available to a judgment creditor attempting to satisfy the judgment and may not be ordered by a court. (9) Nothing in this section shall limit: (a) The rights of a creditor that has been granted a consensual security interest in a limited liability company interest to pursue the remedies available to such secured creditor under other law applicable to secured creditors; (b) The principles of law and equity which affect fraudulent transfers; (c) The availability of the equitable principles of alter ego, equitable lien, or constructive trust, or other equitable principles not inconsistent with this section; or (d) The continuing jurisdiction of the court to enforce its charging order in a manner consistent with this section. Section 2. The amendment to s. 608.433, Florida Statutes, made by this act is intended by the Legislature to be clarifying and remedial in nature and shall apply retroactively. Section 3. This act shall take effect upon becoming a law. | Limited Liability Companies |
Authorizes Division of Alcoholic Beverages & Tobacco of DBPR to issue alcoholic beverage license to City of Tampa to use within Curtis Hixon Waterfront Park & Kiley Garden Park; provides that license may be used only for special events; provides for payment of license fee; prohibits sales for consumption off premises; authorizes transfer & provides for subsequent reversion of license under certain circumstances. | An act relating to the City of Tampa, Hillsborough County; authorizing the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to issue an alcoholic beverage license to the City of Tampa for use within the buildings and adjoining grounds of Curtis Hixon Waterfront Park and Kiley Garden Park; providing for payment of the license fee; authorizing sale of alcoholic beverages for consumption within the buildings and their adjoining grounds; prohibiting sales for consumption off premises; providing for construction of this act; authorizing transfer and providing for subsequent reversion of the license under certain circumstances; providing an effective date. 16 Be It Enacted by the Legislature of the State of Florida: 18 Section 1. Notwithstanding any other provision of law, the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation is authorized, upon application, to issue an alcoholic beverage license in accordance with section 561.17, Florida Statutes, to the City of Tampa, a political subdivision of the state, East Jackson Street, Tampa, for use within buildings located in Curtis Hixon Waterfront Park, North Ashley Drive, and Kiley Garden Park, 500 North Ashley Drive, and on adjoining grounds. The city shall pay the applicable license fee provided in section 565.02, Florida Statutes. Section 2. Alcoholic beverages may be sold by the licensee for consumption within Curtis Hixon Waterfront Park and Kiley Garden Park, including the associated buildings and adjoining grounds. The license issued pursuant to this act does not permit the sale of alcoholic beverages in sealed containers for consumption outside the buildings and adjoining grounds. Nothing in this act shall prevent the licensee from removing an opened, partially consumed container of alcoholic beverage from the premises. Section 3. The City of Tampa may transfer the license from time to time to qualified applicants who are either authorized by or under contract with the city to provide food services at the buildings. Upon termination of a transferee's authorization or contract, the license automatically reverts by operation of law to the city. Section 4. This act shall take effect upon becoming a law. | City of Tampa, Hillsborough County |
Revises definition of term "sexual activity" for purposes of provisions relating to certain lewd or lascivious offenses. | An act relating to lewd or lascivious offenses; amending and reenacting s. 800.04, F.S.; revising the definition of the term "sexual activity" for purposes of provisions relating to certain lewd or lascivious offenses; providing penalties; providing an effective date. 8 Be It Enacted by the Legislature of the State of Florida: 10 Section 1. Paragraph (a) of subsection (1) of section 800.04, Florida Statutes, is amended, and subsection (4) and paragraph (a) of subsection (7) of that section are reenacted, to read: 800.04 Lewd or lascivious offenses committed upon or in the presence of persons less than years of age.-(1) DEFINITIONS.-As used in this section: (a) "Sexual activity" means the oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual activity does not include an act done for a bona fide medical purpose. (4) LEWD OR LASCIVIOUS BATTERY.-A person who: (a) Engages in sexual activity with a person years of age or older but less than years of age; or (b) Encourages, forces, or entices any person less than years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity 30 commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7) LEWD OR LASCIVIOUS EXHIBITION.-(a) A person who: 1. Intentionally masturbates; 2. Intentionally exposes the genitals in a lewd or lascivious manner; or 3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity 44 in the presence of a victim who is less than years of age, commits lewd or lascivious exhibition. Section 2. This act shall take effect July 1, 2011. | Lewd or Lascivious Offenses |
Creates "Postdisaster Relief Assistance Act"; provides immunity from civil liability for providers of temporary housing & aid to emergency first responders & their immediate family members following declared emergency; provides nonapplicability. | An act relating to emergency management; creating s. 252.515, F.S.; providing a short title; providing immunity from civil liability for providers of temporary housing and aid to emergency first responders and their immediate family members following a declared emergency; providing definitions; providing nonapplicability; authorizing specified registration with a county emergency management agency as a provider of housing for emergency first responders; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Section 252.515, Florida Statutes, is created to read: 252.515 Postdisaster Relief Assistance Act; immunity from civil liability.-(1) This act may be cited as the "Postdisaster Relief Assistance Act." (2) Any person who gratuitously and in good faith provides temporary housing, food, water, or electricity to emergency first responders or the immediate family members of emergency first responders in response to an emergency situation related to and arising out of a public health emergency declared pursuant to s. 381.00315 or a state of emergency declared pursuant to s. 252.36, may not be held liable for any civil damages as a result of providing the temporary housing, food, water, or electricity unless the person acts in a manner that demonstrates a reckless disregard for the consequences of another. (3) As used in this section, the term: (a) "Emergency first responder" means: 1. A physician licensed under chapter 458. 2. An osteopathic physician licensed under chapter 459. 3. A chiropractic physician licensed under chapter 460. 4. A podiatric physician licensed under chapter 461. 5. A dentist licensed under chapter 466. 6. An advanced registered nurse practitioner certified under s. 464.012. 7. A physician assistant licensed under s. 458.347 or s. 459.022. 8. A worker employed by a public or private hospital in the state. 9. A paramedic as defined in s. 401.23(17). 10. An emergency medical technician as defined in s. 401.23(11). 11. A firefighter as defined in s. 633.30. 12. A law enforcement officer as defined in s. 943.10. 13. A member of the Florida National Guard. 14. Any other personnel designated as emergency personnel by the Governor pursuant to a declared emergency. (b) "Immediate family member" means any parent, spouse, child, or sibling. (4) The immunity provided by this section does not apply to damages as a result of any act or omission: (a) That occurs more than months after the declaration of an emergency by the Governor, unless the declared state of emergency is extended by the Governor, in which case the immunity provided by this section continues to apply for the duration of the extension and months thereafter; or (b) That is unrelated to the original declared emergency or any extension thereof. (5) As used in this section, the term "reckless disregard" means such conduct that a reasonable person knew or should have known, at the time such services were provided, would be likely to result in injury so as to affect the life or health of another, taking into account the extent or serious nature of the prevailing circumstances. (6) A person may register with a county emergency management agency as a temporary provider of housing, food, water, or electricity for emergency first responders if the county provides for such registration. A person who has registered with a county emergency management agency as a provider of temporary housing, food, water, or electricity to emergency first responders or the immediate family members of emergency first responders is presumed to have acted in good faith in providing such housing, food, water, or electricity. Section 2. This act shall take effect July 1, 2011. | Emergency Management |
Requires electric utilities to collect monthly systems charge from residential, commercial, & industrial customers; provides for deposit of collected funds into Sustainable & Renewable Energy Policy Trust Fund; creates direct-support organization for Florida Energy & Climate Commission; requires contract between office & direct-support organization; provides for use of funds; requires annual audit, etc. | An act relating to renewable energy; providing legislative findings; providing definitions; requiring each electric utility in the state to collect from each residential, commercial, and industrial customer a designated monthly systems charge; requiring the electric utilities to deposit collected funds into the Sustainable and Renewable Energy Policy Trust Fund; creating a direct-support organization for the Florida Energy and Climate Commission; providing for a board of directors of the direct-support organization; providing for appointment of members and terms of office; requiring a contract between the commission and the direct-support organization; providing for the use of the deposited funds; requiring an annual audit; amending s. 366.91, F.S.; requiring that a purchase contract offered to producers of renewable energy contain payment provisions for energy and capacity based upon a public utility's equivalent cost-recovery rate for certain clean energy projects rather than the utility's full avoided costs; amending s. 377.806, F.S.; revising the expiration date for the Solar Energy System Incentives Program; extending the period of time for which residents of the state are eligible to receive rebates for specified solar energy systems; revising the rebate amount for eligible solar energy systems; providing a schedule for rebate amounts based on the total wattage of the system; amending s. 570.954, F.S.; correcting a reference; providing an effective date. 30 Be It Enacted by the Legislature of the State of Florida: 32 Section 1. (1) The Legislature finds that there is a need for a funding mechanism to support and finance a comprehensive energy policy, especially as it relates to sustainable and renewable energy, energy conservation, and energy efficiencies. With such a stable funding mechanism, this state will realize important long-term goals, including: (a) Increased independence from foreign oil; (b) Ensuring an adequate and reliable energy supply; (c) The promotion of economic growth and new investment in the creation of high-paying jobs; (d) The mitigation adverse environmental impacts and promotion of stewardship of the environment; (e) Leading the nation in energy conservation and energy efficiencies through needed support for implementing and marketing the products of renewable energy research and innovation; and (f) Contributing to a sustainable and renewable energy policy for the state. (2) As used in this section, the term: (a) "Commission" means the Florida Energy and Climate Commission. (b) "Direct-support organization" means an organization that is: 1. A Florida corporation, not for profit, incorporated under chapter 617, Florida Statutes, and approved by the Department of State; 2. Organized and operated exclusively to obtain funds; to request and receive grants, gifts, and bequests of moneys; to acquire, receive, hold, invest, and administer in its own name securities, funds, or property; and to make expenditures to support the achievement of the goals stated under subsection (1) and to increase public awareness of and support for the Sustainable and Renewable Energy Trust Fund; and 3. Determined by the commission to be operating in a manner consistent with the goals stated under subsection (1). (c) "Electric utility" means any municipal electric utility, investor-owned electric utility, or rural electric cooperative that owns, maintains, or operates an electric generation, transmission, or distribution system within the state. (d) "Energy conservation" and "energy efficiencies" means any activity that facilitates and promotes the use of cost-effective energy conservation, energy-demand management, and renewable energy technologies. (e) "Renewable energy" means solar photovoltaic energy, solar thermal energy, geothermal energy, ocean thermal energy, wave or tidal energy, wind, fuel cells, landfill gas, hydrogen production and hydrogen conversion technologies, low-emission advanced biomass conversion technologies, alternative fuels used for electricity generation, including ethanol, biodiesel, or other fuel produced in this state and derived from agricultural produce, algae, food waste, or waste vegetable oil, usable electricity from combined heat and power systems that have waste heat recovery systems, thermal storage systems, and other energy resources and emerging technologies that have significant potential for commercialization and that do not involve the combustion of coal, petroleum or petroleum products, municipal solid waste, or nuclear fission. (3) Beginning January 1, 2012, each electric utility shall collect from each residential, commercial, and industrial electric utility customer a monthly charge of cents as a systems benefits charge. The electric utilities shall deposit the collected funds into the Sustainable and Renewable Energy Policy Trust Fund. (4)(a) The Florida Energy and Climate Commission shall establish a direct-support organization to provide assistance, funding, and support for the commission in carrying out its mission. This section governs the creation, use, powers, and duties of the direct-support organization. (b) The direct-support organization shall be governed by a board of directors. The board of directors shall consist of nine members, as follows: 1. The chair of the Florida Public Service Commission, or his or her designee. 2. The Secretary of Environmental Protection, or his or her designee. 3. Two members appointed by the Governor, both of whom are residential electric utility customers and one of whom has experience relating to low-income housing concerns. 4. Two members appointed by the President of the Senate. 5. Two members appointed by the Speaker of the House of Representatives. 6. One member appointed by the Chief Financial Officer who has experience related to renewable energy business or commercial investments. (c) The term of office of the board members shall be years. The terms of the initial appointees shall be for year, 2 years, or years in order to achieve staggered terms. A member may be reappointed when his or her term expires. The head of the commission or his or her designee shall serve as an ex officio member of the board of directors. (d) Members must be residents of this state. A majority of the members must be actively involved with sustainable and renewable energy systems and highly knowledgeable about the commission, its research, and its mission. A member may be removed by the Governor, the President of the Senate, the Speaker of the House of Representatives, or the Chief Financial Officer for cause and with the approval of a majority of the members of the board of directors. A vacancy shall be filled in the same manner as the initial appointment. (e) The direct-support organization shall operate under a written contract with the commission. The written contract must provide for: 1. Certification by the commission that the direct-support organization is complying with the terms of the contract and is doing so consistent with the goals and purposes of the department and in the best interests of the state. This certification must be made annually and reported in the official minutes of a meeting of the direct-support organization. 2. The reversion of moneys and property held by the direct-support organization: a. To the commission, if the direct-support organization is no longer approved to operate for the commission or if the direct support organization ceases to exist; or b. To the state, if the commission ceases to exist. 3. The disclosure of the material provisions of the contract and the distinction between the commission and the direct-support organization to donors of gifts, contributions, or bequests, including such disclosure on all promotional and fundraising publications. (f)1. The commission may permit the use of its property, facilities, and personal services by the direct-support organization, subject to this section. 2. The commission may prescribe by contract any condition with which the direct-support organization must comply in order to use property, facilities, or personal services of the commission. 3. The commission may not permit the use of its property, facilities, or personal services by any direct-support organization organized under this section which does not provide equal employment opportunities to all persons regardless of race, color, national origin, gender, age, or religion. (g) Any transaction or agreement between the direct-support organization created by this section and another direct-support organization or other entity must be approved by the Governor. (h) All moneys received by the direct-support organization from federal and state grants, private contributions, and the Sustainable and Renewable Energy Policy Trust Fund shall be deposited into an account of the direct-support organization. The direct-support organization shall use the collected charges to support funding for sustainable and renewable energy projects, including, but not limited to, grants to provide funding in the following order of priority: 1. Any backlog of approved rebate applications for the Solar Energy Systems Incentive Program. 2. The implementation of innovation to market projects, with specific attention directed toward the number of in-state jobs created. 3. Energy conservation and energy efficiency projects, with specific attention directed to projects for low-income housing, including rental units, rental homes, condominiums, and single-family homes. (i)1. The fiscal year of the direct-support organization shall begin on July of each year and end on June of the following year. 2. The direct-support organization shall submit to the commission its federal Internal Revenue Service Application for Recognition of Exemption form and its federal Internal Revenue Service Return of Organization Exempt from Income Tax form. (j) The direct-support organization shall provide for an annual financial audit in accordance with s. 215.981, Florida Statutes. Section 2. Subsection (3) of section 366.91, Florida Statutes, is amended to read: 366.91 Renewable energy.-(3) On or before January 1, 2006, each public utility must continuously offer a purchase contract to producers of renewable energy. The commission shall establish requirements relating to the purchase of capacity and energy by public utilities from renewable energy producers and may adopt rules to administer this section. The contract shall contain payment provisions for energy and capacity which are based upon the utility's equivalent cost-recovery rate for projects constructed pursuant to s. 366.92(4) full avoided costs, as defined in s. 366.051;however, capacity payments are not required if, due to the operational characteristics of the renewable energy generator or the anticipated peak and off-peak availability and capacity factor of the utility's avoided unit, the producer is unlikely to provide any capacity value to the utility or the electric grid during the contract term. Each contract must provide a contract term of at least years. Prudent and reasonable costs associated with a renewable energy contract shall be recovered from the ratepayers of the contracting utility, without differentiation among customer classes, through the appropriate cost-recovery clause mechanism administered by the commission. Section 3. Subsection (1) and paragraph (b) of subsection (2) of section 377.806, Florida Statutes, are amended to read: 377.806 Solar Energy System Incentives Program.-(1) PURPOSE.-The Solar Energy System Incentives Program is established within the commission to provide financial incentives for the purchase and installation of solar energy systems. Any resident of the state who purchases and installs a new solar energy system of kilowatts or larger for a solar photovoltaic system, a solar energy system that provides at least percent of a building's hot water consumption for a solar thermal system, or a solar thermal pool heater, from July 1, 2006, through June 30, 2016 2010,is eligible for a rebate on a portion of the purchase price of that solar energy system. (2) SOLAR PHOTOVOLTAIC SYSTEM INCENTIVE.-(b) Rebate amounts.-The rebate amount shall be set at $2.50 $4 per watt for fiscal year 2011-2012, $2 per watt for fiscal years 2012-2013 and 2013-2014, and $1.50 per watt for each subsequent fiscal year, based on the total wattage rating of the system. The maximum allowable rebate per solar photovoltaic system installation shall be as follows: 1. Twenty thousand dollars for a residence. 2. One hundred thousand dollars for a place of business, a publicly owned or operated facility, or a facility owned or operated by a private, not-for-profit organization, including condominiums or apartment buildings. Section 4. Subsection (3) of section 570.954, Florida Statutes, is amended to read: 570.954 Farm-to-fuel initiative.-(3) The department shall coordinate with and solicit the expertise of the Florida Energy and Climate Commission state energy office within the Department of Environmental Protection when developing and implementing this initiative. Section 5. This act shall take effect July 1, 2011. | Renewable Energy |
Provides required criteria for approval of credentialing entities that develop & administer certification programs for persons who provide child welfare services; revises use of Child Welfare Training Trust Fund within DCFS; requires persons who provide child welfare services to be certified by third-party credentialing entity; allows entities to add to or augment preservice curriculum & allows entities to contract for training; provides for recognition for currently certified persons; authorizes approval of third-party credentialing entities. | An act relating to the training and certification of child welfare personnel; amending s. 402.40, F.S.; revising legislative intent; defining the terms "child welfare certification," "core competency," "preservice curriculum," and "third-party credentialing entity"; providing required criteria for the approval of credentialing entities that develop and administer certification programs for persons who provide child welfare services; revising the use of the Child Welfare Training Trust Fund within the Department of Children and Family Services; revising provisions relating to preservice curricula; requiring persons who provide child welfare services to be certified by a third-party credentialing entity; allowing entities to add to or augment preservice curriculum; allowing entities to contract for training; requiring persons to master core competencies; providing for recognition for currently certified persons; deleting requirements relating to certification and trainer qualifications; deleting provisions relating to training academies; amending s. 402.731, F.S.; authorizing approval of third-party credentialing entities; providing an effective date. 25 Be It Enacted by the Legislature of the State of Florida: 27 Section 1. Section 402.40, Florida Statutes, is amended to read: 402.40 Child welfare training and certification.-(1) LEGISLATIVE INTENT.-In order to enable the state to provide a systematic approach to staff development and training for persons providing child welfare services that will meet the needs of such staff in their discharge of duties, it is the intent of the Legislature that the Department of Children and Family Services work in collaboration with the child welfare stakeholder community, including department-approved third-party credentialing entities, to ensure that staff have the knowledge, skills, and abilities necessary to competently provide child welfare services establish, maintain, and oversee the operation of child welfare training academies in the state.It is the intent of the Legislature that each person providing child welfare services in this state earns and maintains a professional certification from a professional credentialing entity that is approved by the Department of Children and Family Services. The Legislature further intends that certification the staff development and training programs that are established will aid in the reduction of poor staff morale and of staff turnover, will positively impact on the quality of decisions made regarding children and families who require assistance from programs providing child welfare services, and will afford better quality care of children who must be removed from their families. (2) DEFINITIONS.-As used in this section, the term: (a) "Child welfare certification" means a professional credential awarded by a department-approved third-party credentialing entity to individuals demonstrating core competency in any child welfare practice area. (b) (a) "Child welfare services" means any intake, protective investigations, preprotective services, protective services, foster care, shelter and group care, and adoption and related services program, including supportive services and,supervision,and legal services, provided to children who are alleged to have been abused, abandoned, or neglected,or who are at risk of becoming, are alleged to be, or have been found dependent pursuant to chapter 39. (c) "Core competency" means the minimum knowledge, skills, and abilities necessary to carry out work responsibilities. (d) (b) "Person providing child welfare services" means a person who has a responsibility for supervisory, legal, direct care,or support-related support related work in the provision of child welfare services pursuant to chapter 39. (e) "Preservice curriculum" means the minimum statewide training content based upon the core competencies which is made available to all persons providing child welfare services. (f) "Third-party credentialing entity" means a department-approved nonprofit organization that has met nationally recognized standards for developing and administering professional certification programs. (3) THIRD-PARTY CREDENTIALING ENTITIES CHILD WELFARE TRAINING PROGRAM.-The department shall approve one or more third-party credentialing entities for the purpose of developing and administering child welfare certification programs for persons who provide child welfare services. A third-party credentialing entity shall request such approval in writing from the department. In order to obtain approval, the third-party credentialing entity must: (a) Establish professional requirements and standards that applicants must achieve in order to obtain a child welfare certification and to maintain such certification. (b) Develop and apply core competencies and examination instruments according to nationally recognized certification and psychometric standards. (c) Maintain a professional code of ethics and a disciplinary process that apply to all persons holding child welfare certification. (d) Maintain a database, accessible to the public, of all persons holding child welfare certification, including any history of ethical violations. (e) Require annual continuing education for persons holding child welfare certification. (f) Administer a continuing education provider program to ensure that only qualified providers offer continuing education opportunities for certificateholders establish a program for training pursuant to the provisions of this section, and all persons providing child welfare services shall be required to participate in and successfully complete the program of training pertinent to their areas of responsibility.(4) CHILD WELFARE TRAINING TRUST FUND.-(a) There is created within the State Treasury a Child Welfare Training Trust Fund to be used by the Department of Children and Family Services for the purpose of funding the professional development a comprehensive system of child welfare training, including the securing of consultants to develop the system and the developing of child welfare training academies that include the participation of persons providing child welfare services. (b) One dollar from every noncriminal traffic infraction collected pursuant to s. 318.14(10)(b) or s. 318.18 shall be deposited into the Child Welfare Training Trust Fund. (c) In addition to the funds generated by paragraph (b), the trust fund shall receive funds generated from an additional fee on birth certificates and dissolution of marriage filings, as specified in ss. 382.0255 and 28.101, respectively, and may receive funds from any other public or private source. (d) Funds that are not expended by the end of the budget cycle or through a supplemental budget approved by the department shall revert to the trust fund. (5) CORE COMPETENCIES.-(a) The Department of Children and Family Services shall approve establish the core competencies and related preservice curricula for a single integrated curriculum that ensures that each person delivering child welfare services obtains the knowledge, skills, and abilities to competently carry out his or her work responsibilities. This curriculum may be a compilation of different development efforts based on specific subsets of core competencies that are integrated for a comprehensive curriculum required in the provision of child welfare services in this state. (b) The identification of these core competencies and development of preservice curricula shall be a collaborative effort that includes to include professionals who have with expertise in child welfare services,department-approved third-party credentialing entities, and providers that will be affected by the curriculum, including to include,but not be limited to, representatives from the community-based care lead agencies, sheriffs' offices conducting child protection investigations, and child welfare legal services providers. (c) Community-based care agencies, sheriffs' offices, and the department may contract for the delivery of preservice and any additional training for persons delivering child welfare services if the curriculum satisfies the department-approved core competencies. Notwithstanding s. 287.057(3) and (21), the department shall competitively solicit and contract for the development, validation, and periodic evaluation of the training curricula for the established single integrated curriculum. No more than one training curriculum may be developed for each specific subset of the core competencies. (d) Department-approved credentialing entities shall, for a period of at least months after implementation of the third-party child welfare certification programs, grant reciprocity and award a child welfare certification to individuals who hold current department-issued child welfare certification in good standing, at no cost to the department or the certificateholder. (6) ADVANCED TRAINING.-The Department of Children and Family Services shall annually examine the advanced training that is needed by persons who deliver child welfare services in the state. This examination shall address whether the current advanced training provided should be continued and shall include the development of plans for incorporating any revisions to the advanced training determined necessary. This examination shall be conducted in collaboration with professionals with expertise in child welfare services and providers that will be affected by the curriculum, to include, but not be limited to, representatives from the community-based care lead agencies, sheriffs' offices conducting child protection investigations, and child welfare legal services providers. (7) CERTIFICATION AND TRAINER QUALIFICATIONS.-The department shall, in collaboration with the professionals and providers described in subsection (5), develop minimum standards for a certification process that ensures that participants have successfully attained the knowledge, skills, and abilities necessary to competently carry out their work responsibilities and shall develop minimum standards for trainer qualifications which must be required of training academies in the offering of the training curricula. Any person providing child welfare services shall be required to master the components of the curriculum that are particular to that person's work responsibilities. (8) ESTABLISHMENT OF TRAINING ACADEMIES.-The department shall establish child welfare training academies as part of a comprehensive system of child welfare training. In establishing a program of training, the department may contract for the operation of one or more training academies to perform one or more of the following: to offer one or more of the training curricula developed under subsection (5); to administer the certification process; to develop, validate, and periodically evaluate additional training curricula determined to be necessary, including advanced training that is specific to a region or contractor, or that meets a particular training need; or to offer the additional training curricula. The number, location, and timeframe for establishment of training academies shall be approved by the Secretary of Children and Family Services who shall ensure that the goals for the core competencies and the single integrated curriculum, the certification process, the trainer qualifications, and the additional training needs are addressed. Notwithstanding s. 287.057(3) and (21), the department shall competitively solicit all training academy contracts. (6) (9) ADOPTION OF RULES.-The Department of Children and Family Services shall adopt rules necessary to carry out the provisions of this section. Section 2. Subsection (1) of section 402.731, Florida Statutes, is amended to read: 402.731 Department of Children and Family Services certification programs for employees and service providers; employment provisions for transition to community-based care.-(1) The Department of Children and Family Services is authorized to approve third-party credentialing entities, as defined in s. 402.40, create certification programs for its employees and service providers to ensure that only qualified employees and service providers provide client services. The department is authorized to develop rules that include qualifications for certification, including training and testing requirements, continuing education requirements for ongoing certification, and decertification procedures to be used to determine when an individual no longer meets the qualifications for certification and to implement the decertification of an employee or agent. Section 3. This act shall take effect October 1, 2011. | Training/Certification/Child Welfare Personnel |
Creates "Saving Lives Through Safer Roadways Act"; requires law enforcement officer to impound or immobilize motor vehicle upon issuance of citation or arrest of person for offense of driving while person's driver's license or driving privilege is canceled, suspended, or revoked. | An act relating to driving with a license that is canceled, suspended, or revoked; creating the "Saving Lives Through Safer Roadways Act"; amending s. 322.34, F.S.; requiring a law enforcement officer to impound or immobilize a motor vehicle upon the issuance of a citation to or arrest of a person for the offense of driving while the person's driver's license or driving privilege is canceled, suspended, or revoked; removing certain conditions for impoundment or immobilization of a vehicle; revising procedures and conditions for release of the vehicle; revising provisions to clarify applicability of penalties; providing an effective date. 15 Be It Enacted by the Legislature of the State of Florida: 17 Section 1. This act may be cited as the "Saving Lives Through Safer Roadways Act." Section 2. Section 322.34, Florida Statutes, is amended to read: 322.34 Driving while license suspended, revoked, canceled, or disqualified.-(1) Except as provided in subsection (2), any person whose driver's license or driving privilege has been canceled, suspended, or revoked, except a "habitual traffic offender" as defined in s. 322.264, who drives a vehicle upon the highways of this state while the such license or privilege is canceled, suspended, or revoked commits is guilty of a moving violation, punishable as provided in chapter 318. (2) Except as provided in subsection (10), any person whose driver's license or driving privilege has been canceled, suspended, or revoked as provided by law, except persons defined in s. 322.264, who, knowing of such cancellation, suspension, or revocation, drives any motor vehicle upon the highways of this state while the such license or privilege is canceled, suspended, or revoked, upon: (a) A first conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) A third or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 47 The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1); or the person admits to knowledge of the cancellation, suspension, or revocation; or the person received notice as provided in subsection (4). There is shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or order as provided in subsection (4) appears in the department's records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation. (3) In any proceeding for a violation of this section, a court may consider evidence, other than that specified in subsection (2), that the person knowingly violated this section. (4) Any judgment or order rendered by a court or adjudicatory body or any uniform traffic citation that cancels, suspends, or revokes a person's driver's license must contain a provision notifying the person that his or her driver's license has been canceled, suspended, or revoked. (5) Except as provided in subsection (10), any person whose driver's license has been revoked pursuant to s. 322.264 (habitual offender) and who drives any motor vehicle upon the highways of this state while the such license is revoked commits is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (6) Any person who operates a motor vehicle: (a) Without having a driver's license as required under s. 322.03; or (b) While his or her driver's license or driving privilege is canceled, suspended, or revoked pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4), 78 and who by careless or negligent operation of the motor vehicle causes the death of or serious bodily injury to another human being commits is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. (7) Any person whose driver's license or driving privilege has been canceled, suspended, revoked, or disqualified and who drives a commercial motor vehicle on the highways of this state while the such license or privilege is canceled, suspended, revoked, or disqualified, upon: (a) A first conviction is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b) A second or subsequent conviction is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8)(a) Upon the issuance of a citation to or arrest of a person for the offense of driving while the person's driver's license or driving privilege is canceled, suspended,or revoked, the law enforcement arresting officer shall determine: 1. Whether the person's driver's license is suspended or revoked. 2. Whether the person's driver's license has remained suspended or revoked since a conviction for the offense of driving with a suspended or revoked license. 3. Whether the suspension or revocation was made under s. 316.646 or s. 627.733, relating to failure to maintain required security, or under s. 322.264, relating to habitual traffic offenders. 4. Whether the driver is the registered owner or coowner of the vehicle. (b) If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a), the officer shall immediately impound or immobilize the vehicle pursuant to the law enforcement agency's impoundment or immobilization procedures or contract with a towing service.(b) (c) Within business days after the date the officer arresting agency impounds or immobilizes the vehicle, either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall send notice by certified mail to all registered any coregistered owners of the vehicle other than the person who was cited or arrested and to each person of record claiming a lien against the vehicle. All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the person leasing the vehicle. (c) (d) Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall determine whether any vehicle impounded or immobilized under this section has been leased or rented or if there are any persons of record with a lien upon the vehicle. Either the law enforcement arresting agency or the towing service, whichever is in possession of the vehicle, shall notify,by express courier service with receipt or certified mail within business days after the date of the immobilization or impoundment of the vehicle, the registered owner and all persons having a recorded lien against the vehicle that the vehicle has been impounded or immobilized. A lessor, rental car company, or lienholder may then obtain the vehicle, upon payment of any lawful towing or storage charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be separately charged to the renter, in addition to the rental rate, along with other separate fees, charges, and recoupments disclosed on the rental agreement. If the storage facility fails to provide timely notice to a lessor, rental car company, or lienholder as required by this paragraph, the storage facility shall be responsible for payment of any towing or storage charges necessary to release the vehicle to a lessor, rental car company, or lienholder that accrue after the notice period, which charges may then be assessed against the driver of the vehicle if the vehicle was lawfully impounded or immobilized. (d) (e) Except as provided in paragraph (c) (d),the vehicle shall remain impounded or immobilized for any period imposed by the court until: 1. The owner presents to the law enforcement agency proof of a valid driver's license, ownership of the vehicle, and insurance to the arresting agency;or 2. The owner presents to the law enforcement agency proof of sale of the vehicle to the arresting agency and the buyer presents to the law enforcement agency proof of a valid driver's license, ownership of the vehicle, and insurance to the arresting agency.161 If proof is not presented within days after the impoundment or immobilization, a lien shall be placed upon such vehicle pursuant to s. 713.78. (e) (f) The owner of a vehicle that is impounded or immobilized under this subsection may, within days after the date the owner has knowledge of the location of the vehicle, file a complaint in the county in which the owner resides to determine whether the vehicle was wrongfully taken or withheld. Upon the filing of a complaint, the owner or lienholder may have the vehicle released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of such costs and fees if the owner or lienholder does not prevail. When the vehicle owner or lienholder does not prevail on a complaint that the vehicle was wrongfully taken or withheld, he or she must pay the accrued charges for the immobilization or impoundment, including any towing and storage charges assessed against the vehicle. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vehicle. At the time of release, after reasonable inspection, the owner must give a receipt to the towing or storage company indicating any loss or damage to the vehicle or to the contents of the vehicle. (9)(a) A motor vehicle that is driven by a person under the influence of alcohol or drugs in violation of s. 316.193 is subject to seizure and forfeiture under ss. 932.701-932.706 and is subject to liens for recovering, towing, or storing vehicles under s. 713.78 if, at the time of the offense, the person's driver's license is suspended, revoked, or canceled as a result of a prior conviction for driving under the influence. (b) The law enforcement officer shall notify the Department of Highway Safety and Motor Vehicles of any impoundment or seizure for violation of paragraph (a) in accordance with procedures established by the department. (c) Notwithstanding s. 932.703(1)(c) or s. 932.7055, when the seizing agency obtains a final judgment granting forfeiture of the motor vehicle under this section, percent of the net proceeds from the sale of the motor vehicle shall be retained by the seizing law enforcement agency and percent shall be deposited in the General Revenue Fund for use by regional workforce boards in providing transportation services for participants of the welfare transition program. In a forfeiture proceeding under this section, the court may consider the extent that the family of the owner has other public or private means of transportation. (10)(a) Notwithstanding any other provision of this section, if a person does not have a prior forcible felony conviction as defined in s. 776.08, the penalties provided in paragraph (b) apply if a person's driver's license or driving privilege is canceled, suspended, or revoked for: 1. Failing to pay child support as provided in s. 322.245 or s. 61.13016; 2. Failing to pay any other financial obligation as provided in s. 322.245 other than those specified in s. 322.245(1); 3. Failing to comply with a civil penalty required in s. 318.15; 4. Failing to maintain vehicular financial responsibility as required by chapter 324; 5. Failing to comply with attendance or other requirements for minors as set forth in s. 322.091; or 6. Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result of suspensions of his or her driver's license or driver privilege for any underlying violation listed in subparagraphs 1.-5. (b)1. Upon a first conviction for knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person is guilty of commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. 2. Upon a second or subsequent conviction for the same offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in subparagraphs (a)1.-6., a person is guilty of commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (c) (11)(a) A person who does not hold a commercial driver's license and who is cited for an offense of knowingly driving while his or her license is suspended, revoked, or canceled for any of the underlying violations listed in paragraph (10) (a) may, in lieu of payment of fine or court appearance, elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of the court, designated official, or authorized operator of a traffic violations bureau. In such case, adjudication shall be withheld. However, no election shall be made under this paragraph subsection if such person has made an election under this paragraph subsection during the preceding months. A person may not make more than three elections under this paragraph subsection.(b) If adjudication is withheld under this paragraph (a),such action is not a conviction. Section 3. This act shall take effect January 1, 2012. | Driver's License Canceled, Suspended, or Revoked |
Creates "Florida Wage Protection Law"; provides definition; provides legislative findings & intent; preempts regulation of wage theft to state, except as otherwise provided by federal law, & supersedes any municipal or county ordinance or other local regulation on such subject, etc. | An act relating to wage protection; creating s. 448.111, F.S.; providing a short title; providing a definition; providing legislative findings and intent; preempting regulation of wage theft to the state, except as otherwise provided by federal law, and superseding any municipal or county ordinance or other local regulation on the subject; providing that any local ordinance governing wage theft enacted before January 1, 2011, is not preempted; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Section 448.111, Florida Statutes, is created to read: 448.111 Florida Wage Protection Law.-(1) This section may be cited as the "Florida Wage Protection Law." (2) For purposes of this section, the term "wage theft" means the underpayment or nonpayment of wages earned through lawful employment. (3) The Legislature finds as a matter of public policy that it is necessary to declare the theft of wages and the denial of compensation for work completed to be against the laws and policies of the state. (4) The Legislature finds that employers and employees benefit from consistent and established standards of laws relating to wage theft and that existing federal and state laws, including the federal Fair Labor Standards Act of 1938, the Davis-Bacon Act, the McNamara-O'Hara Service Contract Act of 1965, the Migrant and Seasonal Agricultural Worker Protection Act, the Contract Work Hours and Safety Standards Act, the Copeland "Anti-kickback" Act, this chapter, and s. 24, Art. Xof the State Constitution protect employees from predatory and unfair wage practices while also providing appropriate due process to employers. (5) It is the intent of this section to provide uniform wage theft laws in the state, to void all ordinances and regulations relating to wage theft that have been enacted by a governmental entity other than the state or the Federal Government, and to prohibit the enactment of any future ordinance or other local regulation relating to wage theft. (6) This section hereby expressly preempts regulation of wage theft to the state and supersedes any municipal or county ordinance or other local regulation on the subject. Any local ordinance governing wage theft enacted before January 1, 2011, is not preempted by this section. Section 2. This act shall take effect upon becoming a law. | Wage Protection |
Requires that district school boards consist of nine members in counties where population exceeds certain number; provides for single-member & at-large districts; requires nonpartisan elections; provides for election of chair & vice chair of school board; provides for 4-year terms of office & staggered terms of members; permits changes in boundaries of school board member residence areas & provides procedure for publication of those changes. | An act relating to district school board membership; creating s. 1001.3615, F.S.; requiring that district school boards consist of nine members in counties where the population exceeds a certain number; providing for single-member and at-large districts; requiring nonpartisan elections; providing for the election of a chair and vice chair of the school board; providing for 4-year terms of office and staggered terms of members; permitting changes in the boundaries of school board member residence areas and providing the procedure for publication of those changes; providing an effective date. 14 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. Section 1001.3615, Florida Statutes, is created to read: 1001.3615 Election of district school board members in counties in which the population exceeds million.-(1) Notwithstanding ss. 1001.36, 1001.361, and 1001.362, in a county in which the population exceeds million people, the district school board shall consist of nine members. Seven of the nine members shall reside one in each of seven residence areas, the areas together covering the entire district and as nearly equal in population as practicable, according to the most recent decennial census, and each shall be elected only by the qualified electors who reside in the same residence area as the member. Two of the nine members shall be elected from the county at large. Members shall be elected in a nonpartisan election as provided in chapter 105. (2) Notwithstanding s. 1001.371, the school board members elected at large shall serve as the chair and vice chair of the school board. The ballot for the office of chair shall state: "Chair of the School Board" followed by a list of candidates who have qualified for that office. The ballot for the office of vice chair shall state: "Vice Chair of the School Board" followed by a list of candidates who have qualified for that office. The candidate who receives the highest number of votes in the general election shall be elected to the office for which the candidate has qualified. (3) All members shall be elected for 4-year terms, but the terms shall be staggered so that, alternately, one more or one less than half of the members elected from residence areas and, if applicable, one of the members elected at large from the entire district are elected every years. Any member may be elected to an initial term of less than years if necessary to achieve or maintain such system of staggered terms. (4) In odd-numbered years, the district school board may change the boundaries of the residence areas at any meeting of the district school board. (a) The changes in boundaries shall be shown by resolution spread upon the minutes of the district school board, shall be recorded in the office of the clerk of the circuit court, and shall be published at least once in a newspaper published in the district within days after the adoption of the resolution, or, if there is no newspaper published in the district, shall be posted at the county courthouse door for weeks after the adoption of the resolution. A certified copy of the resolution shall be transmitted to the Department of State. (b) A change in a residence area that affects the residence qualifications of an incumbent member does not disqualify the incumbent member during the term for which he or she is elected. Section 2. This act shall take effect upon becoming a law. | District School Board Membership |
Requires Office of Tourism, Trade, & Economic Development to sell naming rights for public school facility or space for commercial advertising to be displayed on school buses or public school facility to private sector business or entity pursuant to agreement with district school board; provides requirements for contract for sale & remittance of contract revenues; authorizes district school board to enter into agreement with office for contract for sale for school district revenue enhancement. | An act relating to school district revenue enhancement; amending s. 14.2015, F.S.; requiring the Office of Tourism, Trade, and Economic Development to sell naming rights for a public school facility or space for commercial advertising to be displayed on school buses or a public school facility to a private sector business or entity pursuant to an agreement with a district school board; providing requirements for a contract for sale and remittance of contract revenues; creating s. 1011.762, F.S.; authorizing a district school board to enter into an agreement with the Office of Tourism, Trade, and Economic Development for a contract for sale for school district revenue enhancement; providing for district school board requirements for the naming of a public school facility or advertising on school buses or public school facilities; providing an effective date. 19 Be It Enacted by the Legislature of the State of Florida: 21 Section 1. Subsection (2) of section 14.2015, Florida Statutes, is amended to read: 14.2015 Office of Tourism, Trade, and Economic Development; creation; powers and duties.-(2) The purpose of the Office of Tourism, Trade, and Economic Development is to assist the Governor in working with the Legislature, state agencies, local governmental agencies, business leaders, and economic development professionals to formulate and implement coherent and consistent policies and strategies designed to provide economic opportunities for all Floridians. To accomplish such purposes, the Office of Tourism, Trade, and Economic Development shall: (a) Contract, notwithstanding the provisions of part I of chapter 287, with the direct-support organization created under s. 288.1229 to guide, stimulate, and promote the sports industry in the state, to promote the participation of Florida's citizens in amateur athletic competition, and to promote Florida as a host for national and international amateur athletic competitions. (b) Monitor the activities of public-private partnerships and state agencies in order to avoid duplication and promote coordinated and consistent implementation of programs in areas including, but not limited to, tourism; international trade and investment; business recruitment, creation, retention, and expansion; workforce development; minority and small business development; and rural community development. As part of its responsibilities under this paragraph, the office shall work with Enterprise Florida, Inc., and Workforce Florida, Inc., to ensure that, to the maximum extent possible, there are direct linkages between the economic development and workforce development goals and strategies of the state. (c) Facilitate the direct involvement of the Governor and the Lieutenant Governor in economic development and workforce development projects designed to create, expand, and retain Florida businesses and to recruit worldwide business, as well as in other job-creating efforts. (d) Assist the Governor, in cooperation with Enterprise Florida, Inc., Workforce Florida, Inc., and the Florida Commission on Tourism, in preparing an annual report to the Legislature on the state of the business climate in Florida and on the state of economic development in Florida which will include the identification of problems and the recommendation of solutions. This report shall be submitted to the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader by January 1 of each year, and it shall be in addition to the Governor's message to the Legislature under the State Constitution and any other economic reports required by law. (e) Plan and conduct at least one meeting per calendar year of leaders in business, government, education, workforce development, and economic development called by the Governor to address the business climate in the state, develop a common vision for the economic future of the state, and identify economic development efforts to fulfill that vision. (f)1. Administer the Florida Enterprise Zone Act under ss. 290.001-290.016, the community contribution tax credit program under ss. 220.183 and 624.5105, the tax refund program for qualified target industry businesses under s. 288.106, the tax-refund program for qualified defense contractors and space flight business contractors under s. 288.1045, contracts for transportation projects under s. 288.063, the sports franchise facility programs under ss. 288.1162 and 288.11621, the professional golf hall of fame facility program under s. 288.1168, the expedited permitting process under s. 403.973, the Rural Community Development Revolving Loan Fund under s. 288.065, the Regional Rural Development Grants Program under s. 288.018, the Certified Capital Company Act under s. 288.99, the Florida State Rural Development Council, the Rural Economic Development Initiative, and other programs that are specifically assigned to the office by law, by the appropriations process, or by the Governor. Notwithstanding any other provisions of law, the office may expend interest earned from the investment of program funds deposited in the Grants and Donations Trust Fund to contract for the administration of the programs, or portions of the programs, enumerated in this paragraph or assigned to the office by law, by the appropriations process, or by the Governor. Such expenditures shall be subject to review under chapter 216. 2. The office may enter into contracts in connection with the fulfillment of its duties concerning the Florida First Business Bond Pool under chapter 159, tax incentives under chapters and 220, tax incentives under the Certified Capital Company Act in chapter 288, foreign offices under chapter 288, the Enterprise Zone program under chapter 290, the Seaport Employment Training program under chapter 311, the Florida Professional Sports Team License Plates under chapter 320, Spaceport Florida under chapter 331, Expedited Permitting under chapter 403, and in carrying out other functions that are specifically assigned to the office by law, by the appropriations process, or by the Governor. (g) Administer the Black Business Loan Program, the purpose of which is to leverage state, local, and private funds to provide loans and loan guarantees to black business enterprises that cannot obtain capital through conventional lending institutions but that otherwise could compete successfully in the private sector. (h) Serve as contract administrator for the state with respect to contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, Space Florida, and all direct-support organizations under this act, excluding those relating to tourism. To accomplish the provisions of this act and applicable provisions of chapter 288, and notwithstanding the provisions of part I of chapter 287, the office shall enter into specific contracts with Enterprise Florida, Inc., the Florida Commission on Tourism, Space Florida, and other appropriate direct-support organizations. Such contracts may be multiyear and shall include specific performance measures for each year. (i) Provide administrative oversight for the Office of Film and Entertainment, created under s. 288.1251, to develop, promote, and provide services to the state's entertainment industry and to administratively house the Florida Film and Entertainment Advisory Council created under s. 288.1252. (j) Prepare and submit as a separate budget entity a unified budget request for tourism, trade, and economic development in accordance with chapter for, and in conjunction with, Enterprise Florida, Inc., and its boards, the Florida Commission on Tourism and its direct-support organization, the Florida Black Business Investment Board, the Office of Film and Entertainment, and the direct-support organization created to promote the sports industry. (k) Adopt rules, as necessary, to carry out its functions in connection with the administration of the Qualified Target Industry program, the Qualified Defense Contractor program, the Certified Capital Company Act, the Enterprise Zone program, and the Florida First Business Bond pool. (l) Sell the naming rights for a public school facility or space for commercial advertising to be displayed on school buses or a public school facility to a private sector business or entity pursuant to an agreement with a district school board pursuant to s. 1011.762. A contract for sale shall be subject to district school board approval and may be a multiyear contract. Ninety-five percent of the revenue from a contract shall be remitted to the district school board to provide revenue enhancement for the school district and percent of the revenue shall be retained by the office. Section 2. Section 1011.762, Florida Statutes, is created to read: 1011.762 School district revenue enhancement.-(1) Each district school board may enter into an agreement with the Office of Tourism, Trade, and Economic Development for the sale of the naming rights for a public school facility or of space for commercial advertising to be displayed on the exterior or interior of school buses or a public school facility by the office pursuant to s. 14.2015(2)(l). The agreement shall include requirements for display, and the contract for sale is subject to district school board approval. Ninety-five percent of the revenue from a contract for sale shall be remitted to the district school board to provide school district revenue enhancement. (2)(a) A district school board shall establish requirements for the naming of a public school facility or advertising on school buses or a public school facility which are age and content appropriate and do not interfere with the safety of students. (b) A district school board shall determine the use of revenue generated by a contract for sale pursuant to s. 14.2015(2)(l). Section 3. This act shall take effect July 1, 2011. | School District Revenue Enhancement |
Requires expunction of nonjudicial arrest record of minor who successfully completes civil citation program; requires FDLE to expunge nonjudicial record of arrest of minor who successfully completes civil citation program; sets forth conditions that apply for FDLE to expunge record; authorizes processing fee; provides for retroactive effect. | An act relating to civil citations; amending s. 985.12, F.S.; requiring the expunction of the nonjudicial arrest record of a minor who successfully completes a civil citation program; amending s. 943.0582, F.S.; requiring the Department of Law Enforcement to expunge the nonjudicial record of the arrest of a minor who successfully completes a civil citation program; setting forth the conditions that apply in order for the department to expunge the record; authorizing the department to charge a processing fee; providing for retroactive effect; providing an effective date. 14 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. Subsection (6) is added to section 985.12, Florida Statutes, to read: 985.12 Civil citation.-(6) A civil citation program shall, with the concurrence of the agencies that established the program, provide for the expunction of a nonjudicial arrest record, pursuant to s. 943.0582, of a minor who successfully completes the civil citation program. Section 2. Section 943.0582, Florida Statutes, is amended to read: 943.0582 Prearrest, postarrest, or teen court diversion program expunction;civil citation expunction.-(1) Notwithstanding any law dealing generally with the preservation and destruction of public records, the department shall adopt a may provide, by rule to provide adopted pursuant to chapter 120, for the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program for minors as authorized by s. 985.125 or a civil citation program for minors as authorized by s. 985.12.(2)(a) As used in this section, the term "expunction" has the same meaning ascribed in and effect as s. 943.0585, except that: 1. The provisions of s. 943.0585(4)(a) do not apply, except that the criminal history record of a person whose record is expunged pursuant to this section shall be made available only to criminal justice agencies for the purpose of determining eligibility for prearrest, postarrest, or teen court diversion programs,or for determining eligibility for a civil citation program;when the record is sought as part of a criminal investigation; or when the subject of the record is a candidate for employment with a criminal justice agency. For all other purposes, a person whose record is expunged under this section may lawfully deny or fail to acknowledge the arrest and the charge covered by the expunged record. 2. Records maintained by local criminal justice agencies in the county where in which the arrest occurred which that are eligible for expunction pursuant to this section shall be sealed as the term is used in s. 943.059. (b) As used in this section, the term "nonviolent misdemeanor" includes simple assault or battery when prearrest or postarrest diversion expunction is approved in writing by the state attorney for the county in which the arrest occurred. (3) The department shall expunge the nonjudicial arrest record of a minor who has successfully completed a prearrest or postarrest diversion program or a minor who has successfully completed a civil citation program if that minor: (a) Submits an application to expunge the nonjudicial record of for prearrest or postarrest diversion or participation in a civil citation program expunction,on a form prescribed by the department, signed by the minor's parent or legal guardian, or by the minor if he or she has reached the age of majority at the time of applying. (b) Submits the application to expunge the record of for prearrest or postarrest diversion or participation in a civil citation program expunction no later than months after completion of the diversion program or civil citation program.(c) Submits to the department, with the application, an official written statement from the state attorney for the county in which the arrest occurred certifying that he or she has successfully completed that county's prearrest or postarrest diversion program or civil citation program and that participation in the applicable program is strictly limited to minors arrested for a nonviolent misdemeanor who have not otherwise been charged with or found to have committed any criminal offense or comparable ordinance violation. (d) Participated in a prearrest or postarrest diversion program or civil citation program that expressly authorizes or permits such expunction to occur. (e) Participated in a prearrest or postarrest diversion program or civil citation program based on an arrest for a nonviolent misdemeanor that would not qualify as an act of domestic violence as that term is defined in s. 741.28. (f) Has never, before prior to filing the application for expunction, been charged with or been found to have committed any criminal offense or comparable ordinance violation. (4) The department may is authorized to charge a $75 processing fee for each request received to expunge a for prearrest or postarrest diversion program record or a civil citation program record expunction,which shall be placed for placement in the Department of Law Enforcement Operating Trust Fund, unless such fee is waived by the executive director. (5) This section operates retroactively to permit the expunction of any nonjudicial record of the arrest of a minor who has successfully completed a prearrest or postarrest diversion program or civil citation program on or after July 1, 2000;however, in the case of a minor whose completion of the program occurred before the effective date of this section, the application for prearrest or postarrest diversion expunction must be submitted within months after the effective date of this section.(6) Expunction or sealing granted under this section does not prevent the minor who receives such relief from petitioning for the expunction or sealing of a later criminal history record as provided for in ss. 943.0585 and 943.059, if the minor is otherwise eligible under those sections. Section 3. This act shall take effect July 1, 2011. | Civil Citations |
Provides for reclassification of criminal offenses committed under color of law. | An act relating to public corruption; creating s. 775.0876, F.S.; providing for the reclassification of criminal offenses committed under color of law; providing an effective date. 7 Be It Enacted by the Legislature of the State of Florida: 9 Section 1. Section 775.0876, Florida Statutes, is created to read: 775.0876 Offenses committed under color of law; reclassification.-The penalty for any felony or misdemeanor offense shall be reclassified if the commission of such offense was furthered or facilitated by a person acting under color of law. As used in this section, the term "under color of law" means conduct based on public authority or position or the assertion of such authority or position. (1) The reclassification of the felony or misdemeanor is as follows: (a) A misdemeanor of the second degree is reclassified as a misdemeanor of the first degree. (b) A misdemeanor of the first degree is reclassified as a felony of the third degree. (c) A felony of the third degree is reclassified as a felony of the second degree. (d) A felony of the second degree is reclassified as a felony of the first degree. (e) A felony of the first degree is reclassified as a life felony. (2) For purposes of sentencing under chapter 921, a felony offense that is reclassified under this section shall be ranked one level above its ranking under s. 921.0022 or s. 921.0023. (3) Reclassification does not apply if the underlying misdemeanor or felony offense has conduct committed under color of law as one of its necessary elements. Section 2. This act shall take effect July 1, 2011. | Public Corruption |
Establishes Postsecondary School-to-Work Program to be administered jointly by State Board of Education, Board of Governors, & Department of Revenue; provides that student participating in program earns course credit at career center, Florida College System institution, or state university while employed as apprentice with private business in his or her field of study; provides for credit against corporate income tax liability for participating business. | An act relating to school to work; creating s. 1004.995, F.S.; establishing the Postsecondary School-to-Work Program to be administered jointly by the State Board of Education, the Board of Governors, and the Department of Revenue; providing that a student participating in the program earns course credit at a career center, Florida College System institution, or state university while employed as an apprentice with a private business in his or her field of study; providing for a credit against the corporate income tax liability for a participating business; providing limitations; requiring the adoption of rules and regulations; amending s. 220.02, F.S.; adding a new tax credit to the list of corporate income tax credits; amending s. 220.13, F.S.; requiring addition of the amount of the tax credit for determination of adjusted federal income; providing an effective date. 19 Be It Enacted by the Legislature of the State of Florida: 21 Section 1. Section 1004.995, Florida Statutes, is created to read: 1004.995 Postsecondary School-to-Work Program.-(1) The Postsecondary School-to-Work Program is established to be administered jointly by the State Board of Education, the Board of Governors, and the Department of Revenue. The program enables a postsecondary education student to earn course credit at a career center, a Florida College System institution, or a state university while employed as an apprentice with a private business in his or her field of study. (2) Participation in an apprenticeship offers the student a combination of on-the-job training and related classroom instruction in which a student learns the practical and theoretical aspects of an occupation. (3)(a) A business that hires an apprentice through the program benefits by training students to industry standards, filling current workforce needs, and preparing students for future workforce needs. (b) A business that participates in the program is eligible to earn a tax credit of percent per apprentice up to 10 percent for two apprentices against its corporate income tax liability. (4) The State Board of Education and the Department of Revenue shall adopt rules and the Board of Governors shall adopt regulations to administer this section. Section 2. Subsection (8) of section 220.02, Florida Statutes, is amended to read: 220.02 Legislative intent.-(8) It is the intent of the Legislature that credits against either the corporate income tax or the franchise tax be applied in the following order: those enumerated in s. 631.828, those enumerated in s. 220.191, those enumerated in s. 220.181, those enumerated in s. 220.183, those enumerated in s. 220.182, those enumerated in s. 220.1895, those enumerated in s. 221.02, those enumerated in s. 220.184, those enumerated in s. 220.186, those enumerated in s. 220.1845, those enumerated in s. 220.19, those enumerated in s. 220.185, those enumerated in s. 220.1875, those enumerated in s. 220.192, those enumerated in s. 220.193, those enumerated in s. 288.9916, those enumerated in s. 220.1899, and those enumerated in s. 220.1896,and those enumerated in s. 1004.995.Section 3. Paragraph (a) of subsection (1) of section 220.13, Florida Statutes, is amended to read: 220.13 "Adjusted federal income" defined.-(1) The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of more than one taxpayer as provided in s. 220.131, for the taxable year, adjusted as follows: (a) Additions.-There shall be added to such taxable income: 1. The amount of any tax upon or measured by income, excluding taxes based on gross receipts or revenues, paid or accrued as a liability to the District of Columbia or any state of the United States which is deductible from gross income in the computation of taxable income for the taxable year. 2. The amount of interest which is excluded from taxable income under s. 103(a) of the Internal Revenue Code or any other federal law, less the associated expenses disallowed in the computation of taxable income under s. of the Internal Revenue Code or any other law, excluding percent of any amounts included in alternative minimum taxable income, as defined in s. 55(b)(2) of the Internal Revenue Code, if the taxpayer pays tax under s. 220.11(3). 3. In the case of a regulated investment company or real estate investment trust, an amount equal to the excess of the net long-term capital gain for the taxable year over the amount of the capital gain dividends attributable to the taxable year. 4. That portion of the wages or salaries paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.181. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 5. That portion of the ad valorem school taxes paid or incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year under s. 220.182. This subparagraph shall expire on the date specified in s. 290.016 for the expiration of the Florida Enterprise Zone Act. 6. The amount of emergency excise tax paid or accrued as a liability to this state under chapter which tax is deductible from gross income in the computation of taxable income for the taxable year. 7. That portion of assessments to fund a guaranty association incurred for the taxable year which is equal to the amount of the credit allowable for the taxable year. 8. In the case of a nonprofit corporation which holds a pari-mutuel permit and which is exempt from federal income tax as a farmers' cooperative, an amount equal to the excess of the gross income attributable to the pari-mutuel operations over the attributable expenses for the taxable year. 9. The amount taken as a credit for the taxable year under s. 220.1895. 10. Up to nine percent of the eligible basis of any designated project which is equal to the credit allowable for the taxable year under s. 220.185. 11. The amount taken as a credit for the taxable year under s. 220.1875. The addition in this subparagraph is intended to ensure that the same amount is not allowed for the tax purposes of this state as both a deduction from income and a credit against the tax. This addition is not intended to result in adding the same expense back to income more than once. 12. The amount taken as a credit for the taxable year under s. 220.192. 13. The amount taken as a credit for the taxable year under s. 220.193. 14. Any portion of a qualified investment, as defined in s. 288.9913, which is claimed as a deduction by the taxpayer and taken as a credit against income tax pursuant to s. 288.9916. 15. The costs to acquire a tax credit pursuant to s. 288.1254(5) that are deducted from or otherwise reduce federal taxable income for the taxable year. 16. The amount taken as a credit for the taxable year under s. 1004.995. Section 4. This act shall take effect July 1, 2011. | School to Work |
Provides legislative intent; prohibits state or political subdivisions from limiting or restricting enforcement of immigration laws; requires law enforcement officer to request citizenship information; authorizes law enforcement agency to transport alien to federal facility; requires judicial authorization for transfer of alien outside state; allows governmental entities to share information regarding citizenship; authorizes citizens to sue state or political subdivision of state if state or subdivision is restricting enforcement of federal immigration laws, etc. | An act relating to the enforcement of immigration laws; creating s. 943.0536, F.S.; providing legislative intent; prohibiting the state or its political subdivisions from limiting or restricting the enforcement of immigration laws; requiring a law enforcement officer to request citizenship information under certain circumstances; authorizing a law enforcement agency to transport an alien to a federal facility; requiring judicial authorization for the transfer of an alien outside the state; allowing governmental entities to share information regarding citizenship; authorizing citizens to sue the state or a political subdivision of the state if the state or political subdivision is restricting the enforcement of federal immigration laws; providing for recovery of attorney's fees; providing for criminal penalties; prohibiting the probation or release of an alien who does not possess registration documents; requiring that the act be implemented consistent with federal law; prohibiting law enforcement officers from using race as a determining factor in an assessment under the act; providing an effective date. 24 Be It Enacted by the Legislature of the State of Florida: 26 Section 1. Section 943.0536, Florida Statutes, is created to read: 943.0536 Enforcement of immigration laws.-(1) The Legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout this state. The section is intended to discourage and deter the unlawful entry and presence of aliens in this state and the economic activity by persons unlawfully present in this state. (2) An official or agency of the state or a political subdivision of the state may not limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law. (3)(a) If, during a lawful stop, detention, or arrest made by a law enforcement officer of this state or a political subdivision of this state made to enforce any law or ordinance of the state or a political subdivision, reasonable suspicion exists that the person stopped, detained, or arrested is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person stopped, detained, or arrested, except if the determination may hinder or obstruct an investigation. (b) A person who is arrested shall have his or her immigration status determined before the person is released. (c) The immigration status of the person stopped, detained, or arrested shall be verified with the Federal Government pursuant to U.S.C. s. 1373(c). (d) A law enforcement officer of this state or a political subdivision of this state may not consider race, color, or national origin when implementing the requirements of this subsection, except to the extent permitted by the United States Constitution or the State Constitution. (e) A person is presumed to be an alien who is lawfully present in the United States if the person provides to the law enforcement officer any of the following: 1. A valid Florida driver's license; 2. A valid Florida identification card; 3. A valid tribal enrollment card or other form of tribal identification; or 4. Any valid United States federal, state, or local identification, if the entity providing the identification requires proof of legal presence in the United States. (4) If an alien is unlawfully present in the United States and he or she is convicted of a violation of a state or local law, on discharge from incarceration or on the assessment of any monetary obligation that is imposed, the appropriate state or local law enforcement agency shall immediately notify the United States Immigration and Customs Enforcement or the United States Customs and Border Protection. (5) Notwithstanding any other law, a law enforcement agency may transport an alien for whom the agency has received verification that he or she is unlawfully present in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody which is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial authorization before transporting an alien to a point of transfer outside this state. (6) When implementing this section, an alien's immigration status may be determined by: (a) A law enforcement officer who is authorized by the Federal Government to verify or ascertain an alien's immigration status. (b) The United States Immigration and Customs Enforcement or the United States Customs and Border Protection pursuant to U.S.C. s. 1373(c). (7) Except as provided in federal law, an official of this state or a political subdivision of this state may not be prohibited or in any way restricted from sending, receiving, or maintaining information relating to the immigration status of an individual. These officials and agencies may exchange information with any other governmental entity for purposes of: (a) Determining the eligibility of a person for any public benefit, service, or license provided by any federal, state, or local government. (b) Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order. (c) Determining whether the alien is in compliance with the federal registration laws prescribed by Title II of chapter 7 of the federal Immigration and Nationality Act. (8) A person who is a legal resident of this state may bring an action in a county court to challenge any official or agency of this state or a political subdivision of this state which adopts or implements a policy that limits or restricts the enforcement of federal immigration laws, including U.S.C. ss. 1373 and 1644, to less than the full extent permitted by federal law. If the court finds that the state or political subdivision has violated this section, the court shall order that the state or political subdivision pay a civil penalty of not less than $500 and not more than $5,000 for each day that the policy has remained in effect after the filing of an action pursuant to this subsection. (9) The court may award court costs and reasonable attorney's fees to any person or any official or agency of this state or political subdivision of this state prevailing by an adjudication on the merits in a proceeding brought pursuant to subsection (8). (10) In addition to any other violation of federal law, a person may not willfully fail to complete or carry an alien registration document if the person is in violation of U.S.C. s. 1304(e) or s. 1306(a). A person is not subject to sanctions under subsection (7), subsection (8), subsection (9), or this subsection if he or she maintains authorization from the Federal Government to remain in the United States. In the enforcement of this subsection, an alien's immigration status may be determined by: (a) A law enforcement officer who is authorized by the Federal Government to verify or ascertain an alien's immigration status. (b) The United States Immigration and Customs Enforcement or the United States Customs and Border Protection pursuant to U.S.C. s. 1373(c). (11) A person who is sentenced pursuant to subsection (10) is not eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis except as authorized by law. (12) In addition to any other penalty prescribed by law, the court shall order the person to pay costs of incarceration. (13) A person who willfully fails to complete or carry an alien registration document required under subsection (10) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. However any fine imposed under this subsection may not exceed $100. A person who violates this subsection may be sentenced to up to days in jail. A person who violates this subsection a second or subsequent time may be sentenced to up to days in jail. (14) This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting civil rights of all persons, and respecting the privileges and immunities of United States citizens. (15) A law enforcement officer of this state or a political subdivision of the state may not consider race, color, or national origin in the enforcement of this section, except to the extent permitted by the United States Constitution or the State Constitution. (16) Fines collected under this section shall be deposited into the General Revenue Fund. Section 2. This act shall take effect October 1, 2011. | Enforcement of Immigration Laws |
Revises legislative findings; provides legislative intent; provides requirements for faith- & character-based programs; deletes provisions relating to funding; revises requirements for participation; deletes provisions relating to assignment of chaplains; allows peer-to-peer programming whenever appropriate. | An act relating to faith-and character-based correctional institution programs; amending s. 944.803, F.S.; revising legislative findings; providing legislative intent; providing requirements for faith-and character-based programs; deleting provisions relating to funding; revising requirements for participation; deleting provisions relating to assignment of chaplains; allowing peer-to-peer programming whenever appropriate; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Section 944.803, Florida Statutes, is amended to read: 944.803 Faith-and character-based Faith-based programs for inmates.-(1) The Legislature finds and declares that faith-and character-based faith-based programs offered in state and private correctional institutions and facilities have the potential to facilitate inmate institutional adjustment, help inmates assume personal responsibility, and reduce recidivism. (2) It is the intent of the Legislature that the department expand the faith-and character-based initiative through the use of faith-and character-based institutions. The department is encouraged to phase out the faith-based and self improvement dormitory programs and move toward the goal of only implementing faith-and character-based institutions. (3) (2) It is the intent of the Legislature that the department of Corrections and the private vendors operating private correctional facilities shall continuously: (a) Measure recidivism rates for inmates who have participated in faith-and character-based religious programs.; (b) Increase the number of volunteers who minister to inmates from various faith-based and secular institutions in the community.; (c) Develop community linkages with secular institutions as well as churches, synagogues, mosques, and other faith-based institutions to assist inmates in their release back into the community.; and (d) Fund through the use of annual appropriations, in department facilities, and through inmate welfare trust funds pursuant to s. 945.215, in private facilities, an adequate number of chaplains and support staff to operate faith-based programs in correctional institutions. (4)(a) (3) The department must have at least six new programs fully operational. These six programs shall be similar to and in addition to the current faith-based pilot program. The six new programs shall be a joint effort with the department and faith-based service groups within the community. The department shall ensure that an inmate's faith orientation, or lack thereof, will not be considered in determining admission to a faith-and character-based faith-based program and that the program does not attempt to convert an inmate toward a particular faith or religious preference. (b) The programs shall operate hours a day within the existing correctional facilities and.The programs must emphasize the importance of personal responsibility, meaningful work, education, substance abuse treatment, and peer support. (c) Participation in a the faith-based dormitory program shall be voluntary. However, at least percent of the inmates participating in this program must be within months of release. Assignment to a program these programs shall be based on evaluation and the length of time the inmate is projected to be assigned to that particular institution. In evaluating an inmate for this program, priority shall be given to inmates who have shown an indication for substance abuse. A right to substance abuse program services is not stated, intended, or otherwise implied by this subsection. The department may not remove an inmate once assigned to a the program except for the purposes of population management, for inmate conduct that may subject the inmate to disciplinary confinement or loss of gain-time, for physical or mental health concerns, or for security or safety concerns. To support the programming component, the department shall assign a chaplain and a full-time clerical support person dedicated to each dormitory to implement and monitor the program and to strengthen volunteer participation and support. (4) The Department of Corrections shall assign chaplains to community correctional centers authorized pursuant to s. 945.091(1)(b). These chaplains shall strengthen volunteer participation by recruiting volunteers in the community to assist inmates in transition, and, if requested by the inmate, placement in a mentoring program or at a contracted substance abuse transition housing program. When placing an inmate in a contracted program, the chaplain shall work with the institutional transition assistance specialist in an effort to successfully place the released inmate. (5) The department shall ensure that any faith component of any program authorized in this chapter is offered on a voluntary basis and, an offender's faith orientation, or lack thereof, will not be considered in determining admission to such a faith-based program and that the program does not attempt to convert an offender toward a particular faith or religious preference. (6) Within faith-and character-based institutions of the state correctional system, peer-to-peer programming shall be allowed, such as Alcoholics Anonymous, literacy instruction, and other activities, when appropriate. (7) (6) The department shall ensure that state funds are not expended for the purpose of furthering religious indoctrination, but rather, that state funds are expended for purposes of furthering the secular goals of criminal rehabilitation, the successful reintegration of offenders into the community, and the reduction of recidivism. Section 2. This act shall take effect upon becoming a law. | Faith- and Character-based Correctional Programs |
Requires DCFS to perform drug test on applicant for Temporary Assistance for Needy Families benefits; requires such individual to bear cost of drug test; requires department to provide, & applicant to acknowledge receipt of, notice of drug-screening policy; requires department to increase amount of initial TANF benefit by amount paid by individual for drug testing; provides procedures for testing & retesting; requires department to provide information concerning local substance abuse treatment programs to individual who tests positive, etc. | An act relating to drug screening of potential and existing beneficiaries of Temporary Assistance for Needy Families; creating s. 414.0652, F.S.; requiring the Department of Children and Family Services to perform a drug test on an applicant for Temporary Assistance for Needy Families benefits; requiring such individual to bear the cost of the drug test; requiring the department to provide, and the applicant to acknowledge receipt of, notice of the drug-screening policy; requiring the department to increase the amount of the initial TANF benefit by the amount paid by the individual for the drug testing; providing procedures for testing and retesting; requiring the department to provide information concerning local substance abuse treatment programs to an individual who tests positive; providing conditions for an individual to reapply for Temporary Assistance for Needy Families benefits; providing that, if a parent is ineligible as a result of failing a drug test, the eligibility of the children is not affected; providing conditions for designating another protective payee; providing rulemaking authority to the department; providing an effective date. 24 Be It Enacted by the Legislature of the State of Florida: 26 Section 1. Section 414.0652, Florida Statutes, is created to read: 414.0652 Drug screening for applicants for Temporary Assistance for Needy Families.-(1) The department shall require a drug test consistent with s. 112.0455 to screen each individual who applies for Temporary Assistance for Needy Families (TANF). The cost of drug testing is the responsibility of the individual tested. (a) An individual subject to the requirements of this section includes any parent or caretaker relative who is included in the cash assistance group, including an individual who may be exempt from work activity requirements due to the age of the youngest child or who may be exempt from work activity requirements under s. 414.065(4). (b) An individual who tests positive for controlled substances as a result of a drug test required under this section is ineligible to receive TANF benefits for year after the date of the positive drug test unless the individual meets the requirements of paragraph (2)(j). (2) The department shall: (a) Provide notice of drug testing to each individual at the time of application. The notice must advise the individual that drug testing will be conducted as a condition for receiving TANF benefits and that the individual must bear the cost of testing. If the individual tests negative for controlled substances, the department shall increase the amount of the initial TANF benefit by the amount paid by the individual for the drug testing. The individual shall be advised that the required drug testing may be avoided if the individual does not apply for TANF benefits. Dependent children under the age of are exempt from the drug-testing requirement. (b) Require that for two-parent families, both parents must comply with the drug-testing requirement. (c) Require that any teen parent who is not required to live with a parent, legal guardian, or other adult caretaker relative in accordance with s. 414.095(14)(c) must comply with the drug-testing requirement. (d) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication he or she is taking. (e) Require each individual to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (a) and (d). (f) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample. (g) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests. (h) Inform an individual who tests positive for a controlled substance and is deemed ineligible for TANF benefits that the individual may reapply for those benefits year after the date of the positive drug test unless the individual meets the requirements of paragraph (j). If the individual tests positive again, he or she is ineligible to receive TANF benefits for years after the date of the second positive drug test unless the individual meets the requirements of paragraph (j). (i) Provide any individual who tests positive with a list of licensed substance abuse treatment providers available in the area in which he or she resides that meet the requirements of s. 397.401 and are licensed by the department. Neither the department nor the state is responsible for providing or paying for substance abuse treatment as part of the screening conducted under this section. (j) An individual who tests positive under this section and is denied TANF benefits as a result may reapply for those benefits after months if the individual can document the successful completion of a substance abuse treatment program offered by a provider that meets the requirements of s. 397.401 and is licensed by the department. An individual who has met the requirements of this paragraph and reapplies for TANF benefits must also pass an initial drug test and meet the requirements of subsection (1). Any drug test conducted while the individual is undergoing substance abuse treatment must meet the requirements of subsection (1). The cost of any drug testing and substance abuse treatment provided under this section shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under subsection (1) may reapply for benefits under this paragraph only once. (3) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted under this section: (a) The dependent child's eligibility for TANF benefits is not affected. (b) An appropriate protective payee shall be designated to receive benefits on behalf of the child. (c) The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual, approved by the department, may be designated. The designated individual must also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, he or she is ineligible to receive benefits on behalf of the child. (4) The department shall adopt rules to implement this section. Section 2. This act shall take effect July 1, 2011. | Drug Screening/Beneficiaries of TANF |
Provides that witness qualified as expert by knowledge, skill, experience, training, or education may testify in form of opinion as to facts at issue in case; requires courts of this state to interpret & apply principles of expert testimony in conformity with specified U.S. Supreme Court decisions, etc. | An act relating to expert testimony; amending s. 90.702, F.S.; providing that a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion as to the facts at issue in a case under certain circumstances; requiring the courts of this state to interpret and apply the principles of expert testimony in conformity with specified United States Supreme Court decisions; amending s. 90.704, F.S.; providing that facts or data that are otherwise inadmissible in evidence may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that the probative value of the facts or data in assisting the jury to evaluate the expert's opinion substantially outweighs the prejudicial effect of the facts or data; providing an effective date. 18 Be It Enacted by the Legislature of the State of Florida: 20 Section 1. Section 90.702, Florida Statutes, is amended to read: 90.702 Testimony by experts.-(1) If scientific, technical, or other specialized knowledge will assist the trier of fact in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if: (a) The testimony is based upon sufficient facts or data; (b) The testimony is the product of reliable principles and methods; and (c) The witness has applied the principles and methods reliably to the facts of the case;however, the opinion is admissible only if it can be applied to evidence at trial.(2) The courts of this state shall interpret and apply the requirements of subsection (1) and s. 90.704 in accordance with Daubert v. Merrell Dow Pharmaceuticals, Inc., U.S. (1993); General Electric Co. v. Joiner, U.S. (1997); and Kumho Tire Co., Ltd. v. Carmichael, U.S. (1999). Frye v. United States, F. 1013 (D.C. Cir. 1923) and subsequent Florida decisions applying or implementing Frye no longer apply to subsection (1) or s. 90.704. Section 2. Section 90.704, Florida Statutes, is amended to read: 90.704 Basis of opinion testimony by experts.-The facts or data upon which an expert bases an opinion or inference may be those perceived by, or made known to, the expert at or before the trial. If the facts or data are of a type reasonably relied upon by experts in the subject to support the opinion expressed, the facts or data need not be admissible in evidence. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect. Section 3. This act shall take effect July 1, 2011. | Expert Testimony |
Creates Commercialization Credit Transfer Program; provides legislative findings; authorizes DOR to share certain confidential information with OTTED; adds certified credits to list of credits available against state corporate income tax; redefines term "adjusted federal income" in relation to net operating losses transferred & payments received for certified credit; provides for allocation of financial assistance as income in this state; provides purpose, intent, goals, & objectives, etc. APPROPRIATION: | An act relating to economic development; creating the Commercialization Credit Transfer Program; providing legislative findings that it is in the state's interest to promote the commercialization of products and services developed by technology companies; amending s. 213.053, F.S.; authorizing the Department of Revenue to share certain confidential information with the Office of Tourism, Trade, and Economic Development; amending s. 220.02, F.S.; adding the certified credits available under s. 220.194, F.S., to the list of credits that may be taken against state corporate income tax; amending s. 220.13, F.S.; redefining the term "adjusted federal income" in relation to net operating losses transferred and payments received for a certified credit pursuant to the Commercialization Credit Transfer Program; amending s. 220.16, F.S.; providing for the allocation of financial assistance pursuant to the Commercialization Credit Transfer Program as income in this state; creating s. 220.194, F.S.; creating the Commercialization Credit Transfer Program; providing a purpose, intent, goals, and objectives; providing definitions; requiring the office to certify eligible companies for the transfer of corporate income tax net operating loss amounts as certified credits; providing qualifications and an application process and requirements; requiring an application fee; providing for an application deadline; requiring the office to grant or deny an application within a specified time after receiving a completed application; providing for calculating the certified credit amount; providing a maximum amount that may be transferred; providing a penalty; requiring each certified company to file an annual report with the office; requiring the office to create an annual report; requiring the office to adopt rules; authorizing the Department of Revenue to adopt rules; providing for future repeal of the Commercialization Credit Transfer Program; providing appropriations; providing an effective date. 40 Be It Enacted by the Legislature of the State of Florida: 42 Section 1. Legislative findings.-The Legislature finds that it is in the best interests of this state to promote the commercialization of products and services developed by technology companies in this state which can lead to the creation of high-wage and high-skilled jobs. One mechanism to this end is the Commercialization Credit Transfer Program. Section 2. Paragraph (dd) is added to subsection (8) of section 213.053, Florida Statutes, as amended by section of chapter 2010-280, Laws of Florida, to read: 213.053 Confidentiality and information sharing.-(8) Notwithstanding any other provision of this section, the department may provide: (dd) Information relative to tax credits taken under s. 220.194 to the Office of Tourism, Trade, and Economic Development. 58 Disclosure of information under this subsection shall be pursuant to a written agreement between the executive director and the agency. Such agencies, governmental or nongovernmental, shall be bound by the same requirements of confidentiality as the Department of Revenue. Breach of confidentiality is a misdemeanor of the first degree, punishable as provided by s. 775.082 or s. 775.083. Section 3. Subsection (8) of section 220.02, Florida Statutes, is amended to read: 220.02 Legislative intent.-(8) It is the intent of the Legislature that credits against either the corporate income tax or the franchise tax be applied in the following order: those enumerated in s. 631.828, those enumerated in s. 220.191, those enumerated in s. 220.181, those enumerated in s. 220.183, those enumerated in s. 220.182, those enumerated in s. 220.1895, those enumerated in s. 221.02, those enumerated in s. 220.184, those enumerated in s. 220.186, those enumerated in s. 220.1845, those enumerated in s. 220.19, those enumerated in s. 220.185, those enumerated in s. 220.1875, those enumerated in s. 220.192, those enumerated in s. 220.193, those enumerated in s. 288.9916, those enumerated in s. 220.1899, and those enumerated in s. 220.1896,and those enumerated in s. 220.194.Section 4. Paragraph (b) of subsection (1) of section 220.13, Florida Statutes, is amended to read: 220.13 "Adjusted federal income" defined.-(1) The term "adjusted federal income" means an amount equal to the taxpayer's taxable income as defined in subsection (2), or such taxable income of more than one taxpayer as provided in s. 220.131, for the taxable year, adjusted as follows: (b) Subtractions.-1. There shall be subtracted from such taxable income: a. The net operating loss deduction allowable for federal income tax purposes under s. of the Internal Revenue Code for the taxable year, b. The net capital loss allowable for federal income tax purposes under s. 1212 of the Internal Revenue Code for the taxable year, c. The excess charitable contribution deduction allowable for federal income tax purposes under s. 170(d)(2) of the Internal Revenue Code for the taxable year, and d. The excess contributions deductions allowable for federal income tax purposes under s. of the Internal Revenue Code for the taxable year,except that any net operating loss transferred pursuant to s. 220.194 may not be deducted by the seller.106 However, a net operating loss and a capital loss shall never be carried back as a deduction to a prior taxable year, but all deductions attributable to such losses shall be deemed net operating loss carryovers and capital loss carryovers, respectively, and treated in the same manner, to the same extent, and for the same time periods as are prescribed for such carryovers in ss. and 1212, respectively, of the Internal Revenue Code. 2. There shall be subtracted from such taxable income any amount to the extent included therein the following: a. Dividends treated as received from sources without the United States, as determined under s. of the Internal Revenue Code. b. All amounts included in taxable income under s. or s. of the Internal Revenue Code. 122 However, as to any amount subtracted under this subparagraph, there shall be added to such taxable income all expenses deducted on the taxpayer's return for the taxable year which are attributable, directly or indirectly, to such subtracted amount. Further, no amount shall be subtracted with respect to dividends paid or deemed paid by a Domestic International Sales Corporation. 3. In computing "adjusted federal income" for taxable years beginning after December 31, 1976, there shall be allowed as a deduction the amount of wages and salaries paid or incurred within this state for the taxable year for which no deduction is allowed pursuant to s. 280C(a) of the Internal Revenue Code (relating to credit for employment of certain new employees). 4. There shall be subtracted from such taxable income any amount of nonbusiness income included therein,including payments received for a certified credit pursuant to s. 220.194.5. There shall be subtracted any amount of taxes of foreign countries allowable as credits for taxable years beginning on or after September 1, 1985, under s. of the Internal Revenue Code to any corporation which derived less than 20 percent of its gross income or loss for its taxable year ended in 1984 from sources within the United States, as described in s. 861(a)(2)(A) of the Internal Revenue Code, not including credits allowed under ss. and of the Internal Revenue Code, withholding taxes on dividends within the meaning of sub-subparagraph 2.a., and withholding taxes on royalties, interest, technical service fees, and capital gains. 6. Notwithstanding any other provision of this code, except with respect to amounts subtracted pursuant to subparagraphs 1. and 3., any increment of any apportionment factor which is directly related to an increment of gross receipts or income which is deducted, subtracted, or otherwise excluded in determining adjusted federal income shall be excluded from both the numerator and denominator of such apportionment factor. Further, all valuations made for apportionment factor purposes shall be made on a basis consistent with the taxpayer's method of accounting for federal income tax purposes. Section 5. Subsection (5) is added to section 220.16, Florida Statutes, to read: 220.16 Allocation of nonbusiness income.-Nonbusiness income shall be allocated as follows: (5) The amount of financial assistance received in exchange for transferring a net operating loss as authorized by s. 220.194 is allocable to this state. Section 6. Section 220.194, Florida Statutes, is created to read: 220.194 Commercialization Credit Transfer Program; transfer of net loss carryforward as a certified credit.-(1) PURPOSE; GOALS AND OBJECTIVES.-It is the intent of the Legislature that the Commercialization Credit Transfer Program act as a catalyst for eligible technology companies to accelerate their revenue and job growth and their market penetration by monetizing their net operating losses into transferable credits. The program's objectives include: (a) Accelerating the entry of new technology-based products and services into the marketplace; (b) Producing high-wage, technology-based jobs for this state; and (c) Encouraging the expansion of high-impact technology-based firms in this state. (2) DEFINITIONS.-As used in this section, the term: (a) "Certified credit" means the product of the net operating loss generated in the current year apportioned to Florida, multiplied by the corporate income tax rate imposed during the year in which the loss occurred. (b) "Department" means the Department of Revenue. (c) "Office" means the Office of Tourism, Trade, and Economic Development. (3) ELIGIBILITY.-A company seeking to transfer a certified credit shall be certified by the office if it timely files a completed application and meets the requirements of this subsection. For purposes of this subsection, all conditions in paragraphs (a)-(g) must be met by the date that the application is filed with the office. In order to be certified, a company must demonstrate that it: (a) Is registered with the Secretary of State to operate in this state and is operating in Florida. (b) Is primarily engaged in developing, manufacturing, producing, or providing technology for commercial or public purposes and has a federally assigned NAICS code identifying the company as such. (c) Has fewer than full-time employees worldwide, including full-time employees leased to the applicant, of which at least percent work full-time in this state at the time the transfer of certified credits is first allowed. (d) Has been audited by an independent certified public accountant, and: 1. Has not had positive net income in any of the previous years of ongoing operations; 2. Has reported a net operating loss in any of the previous years of operation; and 3. Is not at least percent owned or controlled, directly or indirectly, by another corporation that has demonstrated positive net income in any of the previous years of ongoing operations, or is not part of a consolidated group of affiliated corporations, as filed for federal income tax purposes, which in the aggregate demonstrated positive net income in any of the previous years of ongoing operations. (e) Has at least one active application for a patent under 35 U.S.C. s. 111(a) on file with the United States Patent and Trademark Office. (f) Has received research grants from governmental entities, foundations, or other private entities, or received financial assistance from investors. (g) Has an established business plan that describes its commercialization strategy, a business-development plan that includes revenue projections and a strategy for becoming profitable, and a timeline for development which addresses revenue growth and job creation in this state. (h) Has certified that: 1. It will not transfer a certified credit in exchange for private financial assistance in an amount that is less than percent of the certified credit; 2. All proceeds from the transfer will be expended to support the operation or expansion of the company's business activity in this state; and 3. Upon transfer of a certified credit, it will notify the office of the amount within days after each certified credit is transferred, the amount of the financial compensation for the credit received, and the identity of the purchaser of the certified credit. (4) APPLICATION FOR CERTIFICATION.-(a) A completed application must be filed with the office on or after p.m., on the first business day of August commencing in 2011. The office may investigate the qualifications of each company applicant and may require by rule the applicant to provide such evidence of its qualification as is necessary to ensure compliance with the requirements of this section, including, but not limited to, the state corporate income tax return supporting the request for certification of a certified credit, audited financial statements, federal tax returns, and state and federal employment filings. (b) The office shall require a nonrefundable application fee of $100 per application submitted. The department shall cooperate with the office in its review of the applications. (c) The office shall grant or deny an application in full or in part within days after receiving a completed application containing the necessary information, including payment of the application fee. If the office denies any part of the application, it shall inform the applicant of the grounds for the denial. (d) This section does not create a presumption that a company applicant will be approved by the office to transfer its certified credits. However, the office may issue a nonbinding opinion letter, upon the request of a prospective applicant, as to its eligibility and the potential amount of certified credits available. (5) CALCULATION OF CERTIFIED CREDIT TRANSFER AMOUNT AND LIMITATIONS.-When submitting an application for certification, a company shall state the amount of the net operating loss, including any net operating loss carryover, which it requests to be transferred as a certified credit. To the extent allowed as a deduction in this state, a reported net operating loss not otherwise taken may be certified by the office for transfer by a certified company in exchange for private financial assistance from a purchaser as follows: (a) The net operating loss shall be transferred as a certified credit. (b) The maximum amount of certified credits which a company may transfer during its existence may not exceed $1 million. (c) The office may not certify the transfer of more than $3 million in certified credits during a state fiscal year. (d) The certified company is liable if, after a transfer, its net operating loss is adjusted by amendment or as a result of any other recomputation or redetermination of federal or Florida taxable income or loss. The certified company is also liable for a penalty equal to the amount of the credit transferred, reduced in proportion to the amount of the net operating loss certified for transfer over the amount of the certified net operating loss disallowed. (e) The certified company and its successors shall maintain all records necessary to support the reported amount of certified credits. (6) PURCHASE OF TRANSFERRED CERTIFIED CREDITS.-(a) The certified credit must be reported as a credit against tax due by the unaffiliated corporate purchaser on the next tax return due to be filed by the purchaser, but in no case may it be reported later than year after the date of transfer. (b) If the certified credit is larger than the amount owed the state on the tax return for the time period in which the credit is claimed, after applying the other credits and unused credit carryovers in the order provided in s. 220.02(8), the amount of the credit for that time period shall be the amount owed the state on that tax return. Unused certified credit amounts remaining may not be carried forward. (c) The purchaser of a certified credit amount may not further sell, or otherwise transfer, the certified credit amount. (d) It is the responsibility of the certified company that transferred the certified credit amount to notify the office, within days after transfer, of the amount of each certified credit transferred, the amount of the financial assistance received, and the identity of the purchaser of the certified credit. The office shall certify to the department the same information within working days. (7) REPORTING REQUIREMENTS.-(a) Each company that is certified to transfer its certified credit must provide the office with an annual report on its development covering the year after it receives funds from transferring its certified credits. The report must include a summary of the company's commercialization strategy; business development plan; timeline for development; and actual employment and employment projections, both total and within this state only. The report is due January of each applicable year. (b) The office shall provide a report by February each year to the Governor, the President of the Senate, and the Speaker of the House of Representatives containing a synopsis of the individual company reports described in paragraph (a). (8) RULEMAKING AUTHORITY.-(a) The office shall adopt rules to administer this section. The rules must establish the criteria for qualified technology research and experimental development, production, or provision of technology for commercial or public purposes; the format of application forms; and the procedures to implement the program. (b) The department may adopt rules to administer this section. (9) This section is repealed effective June 30, 20l6, unless reviewed and saved from repeal through reenactment by the Legislature. Section 7. (1) The sum of $.... is appropriated to the Economic Development Trust Fund to be drawn, as needed, to pay the administrative costs incurred by the Office of Tourism, Trade, and Economic Development and associated with implementing the commercialization credit transfer program. (2) The sum of $.... is appropriated to the Department of Revenue to pay the initial administrative costs associated with amending tax forms, modifying computer software, creating a tracking system for the transferred credits, and otherwise implementing the commercialization credit transfer program. Section 8. This act shall take effect July 1, 2011. | Economic Development |
Expands exemption from public records requirements for criminal intelligence information & criminal investigative information to include photographs, videotapes, or images of any part of body of victim of sexual offense of video voyeurism; provides review & repeal of exemption; provides statement of public necessity. | An act relating to public records; amending s. 119.071, F.S.; expanding the exemption from public records requirements for criminal intelligence information and criminal investigative information to include photographs, videotapes, or images of any part of the body of a victim of the sexual offense of video voyeurism; providing for future review and repeal of the exemption; providing a statement of public necessity; reenacting s. 92.56(1)(a), F.S., relating to judicial proceedings and court records involving sexual offenders, to incorporate the amendment made to s. 119.071, F.S., in a reference thereto; reenacting s. 119.0714(1)(h), F.S., relating to court files and records, to incorporate the amendment made to s. 119.071, F.S., in a reference thereto; reenacting s. 794.024(1), F.S., relating to the unlawful disclosure of identifying information, to incorporate the amendment made to s. 119.071, F.S., in a reference thereto; providing an effective date. 21 Be It Enacted by the Legislature of the State of Florida: 23 Section 1. Paragraph (h) of subsection (2) of section 119.071, Florida Statutes, is amended to read: 119.071 General exemptions from inspection or copying of public records.-(2) AGENCY INVESTIGATIONS.-(h)1. The following criminal intelligence information or criminal investigative information is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution: a. Any information, including the photograph, name, address, or other fact, which reveals the identity of the victim of the crime of child abuse as defined by chapter 827. b. Any information which may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in chapter 794, chapter 796, chapter 800, chapter 827, or chapter 847. c. A photograph, videotape, or image of any part of the body of the victim of a sexual offense prohibited under chapter 794, chapter 796, chapter 800, s. 810.145, chapter 827, or chapter 847, regardless of whether the photograph, videotape, or image identifies the victim. 2. Criminal investigative information and criminal intelligence information made confidential and exempt under this paragraph may be disclosed by a law enforcement agency: a. In the furtherance of its official duties and responsibilities. b. For print, publication, or broadcast if the law enforcement agency determines that such release would assist in locating or identifying a person that such agency believes to be missing or endangered. The information provided should be limited to that needed to identify or locate the victim and not include the sexual nature of the offense committed against the person. c. To another governmental agency in the furtherance of its official duties and responsibilities. 3. This exemption applies to such confidential and exempt criminal intelligence information or criminal investigative information held by a law enforcement agency before, on, or after the effective date of the exemption. 4. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15, and shall stand repealed on October 2, 2016 2013,unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. The Legislature finds that it is a public necessity that criminal intelligence information or criminal investigative information that is a photograph, videotape, or image of any part of the body of a victim of the sexual offense of video voyeurism prohibited under s. 810.145, Florida Statutes, be made confidential and exempt from public records requirements. The Legislature finds that such photographs, videotapes, or images often depict the victim in graphic fashion, frequently nude. Such highly sensitive photographs, videotapes, or images of a victim of the sexual offense of video voyeurism, if viewed, copied, or publicized, could result in trauma, sorrow, humiliation, or emotional injury to the victim and the victim's family. Section 3. For the purpose of incorporating the amendment made by this act to section 119.071, Florida Statutes, in a reference thereto, paragraph (a) of subsection (1) of section 92.56, Florida Statutes, is reenacted to read: 92.56 Judicial proceedings and court records involving sexual offenses.-(1)(a) The confidential and exempt status of criminal intelligence information or criminal investigative information made confidential and exempt pursuant to s. 119.071(2)(h) must be maintained in court records pursuant to s. 119.0714(1)(h) and in court proceedings, including testimony from witnesses. Section 4. For the purpose of incorporating the amendment made by this act to section 119.071, Florida Statutes, in a reference thereto, paragraph (h) of subsection (1) of section 119.0714, Florida Statutes, is reenacted to read: 119.0714 Court files; court records; official records.-(1) COURT FILES.-Nothing in this chapter shall be construed to exempt from s. 119.07(1) a public record that was made a part of a court file and that is not specifically closed by order of court, except: (h) Criminal intelligence information or criminal investigative information that is confidential and exempt as provided in s. 119.071(2)(h). Section 5. For the purpose of incorporating the amendment made by this act to section 119.071, Florida Statutes, in a reference thereto, subsection (1) of section 794.024, Florida Statutes, is reenacted to read: 794.024 Unlawful to disclose identifying information.-(1) A public employee or officer who has access to the photograph, name, or address of a person who is alleged to be the victim of an offense described in this chapter, chapter 800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and knowingly disclose it to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant's attorney, a person specified in an order entered by the court having jurisdiction of the alleged offense, or organizations authorized to receive such information made exempt by s. 119.071(2)(h), or to a rape crisis center or sexual assault counselor, as defined in s. 90.5035(1)(b), who will be offering services to the victim. Section 6. This act shall take effect July 1, 2011. | Pub. Rec./Intelligence/Investigative Information |
Authorizes certified process servers in certain counties to serve writs of possession in actions for possession of residential property; authorizes landlord to select certified process server to serve writ of possession; requires certified process server to provide notice of posting of writ to sheriff; conforms provisions. | An act relating to service of process; amending ss. 48.021 and 48.27, F.S.; authorizing certified process servers in certain counties to serve writs of possession in actions for possession of residential property; amending s. 83.62, F.S.; authorizing a landlord to select a certified process server to serve a writ of possession; requiring a certified process server to provide notice of the posting of the writ to the sheriff; conforming provisions; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Subsection (1) of section 48.021, Florida Statutes, is amended to read: 48.021 Process; by whom served.-(1) All process shall be served by the sheriff of the county where the person to be served is found, except initial nonenforceable civil process, criminal witness subpoenas, and criminal summonses may be served by a special process server appointed by the sheriff as provided for in this section or by a certified process server as provided for in ss. 48.25-48.31. Civil witness subpoenas may be served by any person authorized by rules of civil procedure. A writ of possession in an action for possession of real property under s. 83.62 may be served by a certified process server as provided in s. 48.27. Section 2. Subsection (2) of section 48.27, Florida Statutes, is amended to read: 48.27 Certified process servers.-(2)(a) The addition of a person's name to the list authorizes him or her to serve initial nonenforceable civil process on a person found within the circuit where the process server is certified when a civil action has been filed against such person in the circuit court or in a county court in the state. Upon filing an action in circuit or county court, a person may select from the list for the circuit where the process is to be served one or more certified process servers to serve initial nonenforceable civil process. (b) The addition of a person's name to the list authorizes him or her to serve criminal witness subpoenas and criminal summonses on a person found within the circuit where the process server is certified. The state in any proceeding or investigation by a grand jury or any party in a criminal action, prosecution, or proceeding may select from the list for the circuit where the process is to be served one or more certified process servers to serve the subpoena or summons. (c) The addition of a person's name to the list also authorizes him or her to serve a writ of possession in an action for possession of real property under s. 83.62 on a person found within the circuit where the process server is certified. This paragraph applies only to a county as defined in s. 125.011. Section 3. Section 83.62, Florida Statutes, is amended to read: 83.62 Restoration of possession to landlord.-(1) In an action for possession, after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff,or other person selected by the landlord and authorized by s. 48.27 to serve process, describing the premises and commanding the sheriff to put the landlord in possession after 24 hours' notice conspicuously posted on the premises. Upon entry of judgment in favor of the landlord and issuance of a writ by the clerk, the landlord may select from the list for the circuit where the process is to be served one or more certified process servers to serve the writ. Upon the posting of the writ on the premises, the certified process server shall, within hours after the posting of the writ, provide written notice to the sheriff, including the date and time the writ was posted on the premises. (2) At the time the sheriff executes the writ of possession is executed or at any time thereafter, the landlord or the landlord's agent may remove any personal property found on the premises to or near the property line. Subsequent to executing the writ of possession, the landlord may request the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by to keep the peace shall be responsible for paying the reasonable hourly rate set by the sheriff. Neither the sheriff nor the landlord or the landlord's agent shall be liable to the tenant or any other party for the loss, destruction, or damage to the property after it has been removed. Section 4. This act shall take effect July 1, 2011. | Service of Process |
Requires Secretary of Transportation to designate certain duties to assistant secretary; revises requirements for Florida Seaport Mission Plan; requires Florida Seaport Transportation & Economic Development Council to develop priority list of projects & submit list to DOT; requires ports to develop strategic plans, to be consistent with local government comprehensive plans & submitted to council; revises principles of Florida Transportation Plan; includes facilities in Strategic Intermodal System & Emerging Strategic Intermodal System, etc. | An act relating to infrastructure investment; amending s. 20.23, F.S.; requiring the Secretary of Transportation to designate duties relating to certain investment opportunities and transportation projects to an assistant secretary; amending s. 311.09, F.S.; revising requirements for the inclusion of certain goals and objectives in the Florida Seaport Mission Plan; requiring the Florida Seaport Transportation and Economic Development Council to develop a priority list of projects and submit the list to the Department of Transportation; amending s. 311.14, F.S.; requiring certain ports to develop strategic plans; providing criteria for such plans; requiring such plans to be consistent with local government comprehensive plans; requiring such plans to be submitted to the Florida Seaport Transportation and Economic Development Council; requiring the Florida Seaport Transportation and Economic Development Council to review such plans and include related information in the Florida Seaport Mission Plan; amending s. 339.155, F.S.; clarifying and revising the principles on which the Florida Transportation Plan is based; amending s. 339.63, F.S.; adding certain existing and planned facilities to the list of facilities included in the Strategic Intermodal System and the Emerging Strategic Intermodal System; amending s. 373.406, F.S.; exempting overwater piers, docks, and structures located in deepwater ports from stormwater management system requirements under specified conditions; amending s. 373.4133, F.S.; requiring the Department of Environmental Protection to approve or deny an application for a port conceptual permit within a specified time; providing a limitation for the request of additional information from an applicant by the department; providing that failure of an applicant to respond to such a request within a specified time constitutes withdrawal of the application; providing that a third party who challenge the issuance of a port conceptual permit has the burden of ultimate persuasion and the burden of going forward with evidence; amending s. 403.813, F.S.; exempting specified seaports and inland navigation districts from requirements to conduct maintenance dredging under certain conditions; excluding ditches, pipes, and similar linear conveyances from consideration as receiving waters for the disposal of dredged materials; authorizing public ports and inland navigation districts to use sovereignty submerged lands in connection with maintenance dredging; authorizing the disposal of spoil material on specified sites; providing an exemption from permitting requirements for sites that meet specified criteria; requiring notice to the Department of Environmental Protection of intent to use the exemption; providing an effective date. 53 Be It Enacted by the Legislature of the State of Florida: 55 Section 1. Paragraph (d) of subsection (1) of section 20.23, Florida Statutes, is amended to read: 20.23 Department of Transportation.-There is created a Department of Transportation which shall be a decentralized agency. (1) (d) The secretary may appoint up to three assistant secretaries who shall be directly responsible to the secretary and who shall perform such duties as are assigned by the secretary. The secretary shall designate to an assistant secretary the duties related to enhancing economic prosperity, including, but not limited to, the responsibility of liaison with the head of economic development in the Executive Office of the Governor. Such assistant secretary shall be directly responsible for providing the Executive Office of the Governor with investment opportunities and transportation projects that expand the state's role as a global hub for trade and investment and enhance the supply chain system in the state to process, assemble, and ship goods to markets throughout the eastern United States, Canada, the Caribbean, and Latin America. The secretary may delegate to any assistant secretary the authority to act in the absence of the secretary. Section 2. Subsection (3) of section 311.09, Florida Statutes, is amended to read: 311.09 Florida Seaport Transportation and Economic Development Council.-(3) The council shall prepare a 5-year Florida Seaport Mission Plan defining the goals and objectives of the council concerning the development of port facilities and an intermodal transportation system consistent with the goals of the Florida Transportation Plan developed pursuant to s. 339.155. The Florida Seaport Mission Plan shall include specific recommendations for the construction of transportation facilities connecting any port to another transportation mode and for the efficient, cost-effective development of transportation facilities or port facilities for the purpose of enhancing international trade, promoting cargo flow, increasing cruise passenger movements, increasing port revenues, and providing economic benefits to the state. The council shall develop a priority list of projects based on these recommendations annually and submit the list to the Department of Transportation. The council shall update the 5-year Florida Seaport Mission Plan annually and shall submit the plan no later than February of each year to the President of the Senate; the Speaker of the House of Representatives; the Office of Tourism, Trade, and Economic Development; the Department of Transportation; and the Department of Community Affairs. The council shall develop programs, based on an examination of existing programs in Florida and other states, for the training of minorities and secondary school students in job skills associated with employment opportunities in the maritime industry, and report on progress and recommendations for further action to the President of the Senate and the Speaker of the House of Representatives annually. Section 3. Section 311.14, Florida Statutes, is amended to read: 311.14 Seaport freight-mobility planning.-(1) The Florida Seaport Transportation and Economic Development Council, in cooperation with the Office of the State Public Transportation Administrator within the Department of Transportation, shall develop freight-mobility and trade-corridor plans to assist in making freight-mobility investments that contribute to the economic growth of the state. Such plans should enhance the integration and connectivity of the transportation system across and between transportation modes throughout Florida for people and freight. (2) The Office of the State Public Transportation Administrator shall act to integrate freight-mobility and trade-corridor plans into the Florida Transportation Plan developed pursuant to s. 339.155 and into the plans and programs of metropolitan planning organizations as provided in s. 339.175. The office may also provide assistance in expediting the transportation permitting process relating to the construction of seaport freight-mobility projects located outside the physical borders of seaports. The Department of Transportation may contract, as provided in s. 334.044, with any port listed in s. 311.09(1) or any such other statutorily authorized seaport entity to act as an agent in the construction of seaport freight-mobility projects. (3) Each port shall develop a strategic plan with a 10-year horizon. Each plan must include the following: (a) An economic development component that identifies targeted business opportunities for increasing business and attracting new business for which a particular facility has a strategic advantage over its competitors, identifies financial resources and other inducements to encourage growth of existing business and acquisition of new business, and provides a projected schedule for attainment of the plan's goals. (b) An infrastructure development and improvement component that identifies all projected infrastructure improvements within the plan area which require improvement, expansion, or development in order for a port to attain a strategic advantage for competition with national and international competitors. (c) A component that identifies all intermodal transportation facilities, including sea, air, rail, or road facilities, which are available or have potential, with improvements, to be available for necessary national and international commercial linkages and provides a plan for the integration of port, airport, and railroad activities with existing and planned transportation infrastructure. (d) A component that identifies physical, environmental, and regulatory barriers to achievement of the plan's goals and provides recommendations for overcoming those barriers. (e) An intergovernmental coordination component that specifies modes and methods to coordinate plan goals and missions with the missions of the Department of Transportation, other state agencies, and affected local, general-purpose governments. 165 To the extent feasible, the port strategic plan must be consistent with the local government comprehensive plans of the units of local government in which the port is located. Upon approval of a plan by the port's board, the plan shall be submitted to the Florida Seaport Transportation and Economic Development Council. (4) The Florida Seaport Transportation and Economic Development Council shall review the strategic plans submitted by each port and prioritize strategic needs for inclusion in the Florida Seaport Mission Plan prepared pursuant to s. 311.09(3). Section 4. Subsection (1) of section 339.155, Florida Statutes, is amended to read: 339.155 Transportation planning.-(1) THE FLORIDA TRANSPORTATION PLAN.-The department shall develop and annually update a statewide transportation plan, to be known as the Florida Transportation Plan. The plan shall be designed so as to be easily read and understood by the general public. The plan shall consider the needs of the entire state transportation system and examine the use of all modes of transportation to effectively and efficiently meet such needs. The purpose of the Florida Transportation Plan is to establish and define the state's long-range transportation goals and objectives to be accomplished over a period of at least years within the context of the State Comprehensive Plan, and any other statutory mandates and authorizations and based upon the prevailing principles of: (a) Preserving the existing transportation infrastructure.; (b) Enhancing Florida's economic competitiveness.; and (c) Improving travel choices to ensure mobility.(d) Expanding the state's role as a hub for trade and investment.The Florida Transportation Plan shall consider the needs of the entire state transportation system and examine the use of all modes of transportation to effectively and efficiently meet such needs. Section 5. Subsection (2) of section 339.63, Florida Statutes, is amended to read: 339.63 System facilities designated; additions and deletions.-(2) The Strategic Intermodal System and the Emerging Strategic Intermodal System include four three different types of facilities that each form one component of an interconnected transportation system which types include: (a) Existing or planned hubs that are ports and terminals including airports, seaports, spaceports, passenger terminals, and rail terminals serving to move goods or people between Florida regions or between Florida and other markets in the United States and the rest of the world.; (b) Existing or planned corridors that are highways, rail lines, waterways, and other exclusive-use facilities connecting major markets within Florida or between Florida and other states or nations.; and (c) Existing or planned intermodal connectors that are highways, rail lines, waterways or local public transit systems serving as connectors between the components listed in paragraphs (a) and (b). (d) Existing or planned facilities that significantly improve the state's competitive position to compete for the movement of additional goods into and through this state. Section 6. Subsection (12) is added to section 373.406, Florida Statutes, to read: 373.406 Exemptions.-The following exemptions shall apply: (12) An overwater pier, dock, or a similar structure located in a deepwater port listed in s. 311.09 is not considered to be part of a stormwater management system for which this chapter or chapter requires stormwater from impervious surfaces to be treated if: (a) The port has a stormwater pollution prevention plan for industrial activities pursuant to the National Pollutant Discharge Elimination System Program; and (b) The stormwater pollution prevention plan also provides similar pollution prevention measures for other activities that are not subject to the National Pollutant Discharge Elimination System Program and that occur on the port's overwater piers, docks, and similar structures. Section 7. Paragraph (a) of subsection (8) of section 373.4133, Florida Statutes, is amended to read: 373.4133 Port conceptual permits.-(8) Except as otherwise provided in this section, the following procedures apply to the approval or denial of an application for a port conceptual permit or a final permit or authorization: (a) Applications for a port conceptual permit, including any request for the conceptual approval of the use of sovereignty submerged lands, shall be processed in accordance with the provisions of ss. 373.427 and 120.60,with the following exceptions:.1. An application for a port conceptual permit, and any applications for subsequent construction contained in a port conceptual permit, must be approved or denied within days after receipt of a completed application. 2. The department may request additional information no more than twice, unless the applicant waives this limitation in writing. If the applicant does not provide a response to the second request for additional information within days or another time period mutually agreed upon between the applicant and department, the application shall be considered withdrawn. However, 3. If the applicant believes that any request for additional information is not authorized by law or agency rule, the applicant may request an informal hearing pursuant to s. 120.57(2) before the Secretary of Environmental Protection to determine whether the application is complete. 4. If a third party petitions to challenge the issuance of a port conceptual permit by the department, the petitioner initiating the action has the burden of ultimate persuasion and, in the first instance, has the burden of going forward with the evidence. Section 8. Subsection (3) of section 403.813, Florida Statutes, is amended to read: 403.813 Permits issued at district centers; exceptions.-(3) A permit is not required under this chapter, chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 or chapter 25270, 1949, Laws of Florida, for maintenance dredging conducted under this section by the seaports of Jacksonville, Port Canaveral, Fort Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, St. Petersburg, Tampa, Port St. Joe, Panama City, Pensacola, Key West, and Fernandina or by inland navigation districts if the dredging to be performed is no more than is necessary to restore previously dredged areas to original design specifications or configurations, previously undisturbed natural areas are not significantly impacted, and the work conducted does not violate the protections for manatees under s. 379.2431(2)(d). In addition:(a) A mixing zone for turbidity is granted within a 150-meter radius from the point of dredging while dredging is ongoing, except that the mixing zone may not extend into areas supporting wetland communities, submerged aquatic vegetation, or hardbottom communities. (b) The discharge of the return water from the site used for the disposal of dredged material shall be allowed only if such discharge does not result in a violation of water quality standards in the receiving waters. The return-water discharge into receiving waters shall be granted a mixing zone for turbidity within a 150-meter radius from the point of discharge into the receiving waters during and immediately after the dredging, except that the mixing zone may not extend into areas supporting wetland communities, submerged aquatic vegetation, or hardbottom communities. Ditches, pipes, and similar types of linear conveyances may not be considered receiving waters for the purposes of this paragraph. (c) The state may not exact a charge for material that this subsection allows a public port or an inland navigation district to remove. In addition, consent to use any sovereignty submerged lands pursuant to this section is hereby granted. (d) The use of flocculants at the site used for disposal of the dredged material is allowed if the use, including supporting documentation, is coordinated in advance with the department and the department has determined that the use is not harmful to water resources. (e) The spoil material from maintenance dredging may be deposited in a self-contained, upland disposal site. The site is not required to be permitted if: 1. The site exists as of January 1, 2011; 2. A professional engineer certifies that the site has been designed in accordance with generally accepted engineering standards for such disposal sites; 3. The site has adequate capacity to receive and retain the dredged material; and 4. The site has operating and maintenance procedures established that allow for discharge of return flow of water and to prevent the escape of the spoil material into the waters of the state. (f) The department must be notified at least days before the commencement of maintenance dredging. The notice shall include, if applicable, the professional engineer certification required by paragraph (e). (g) (e) This subsection does not prohibit maintenance dredging of areas where the loss of original design function and constructed configuration has been caused by a storm event, provided that the dredging is performed as soon as practical after the storm event. Maintenance dredging that commences within years after the storm event shall be presumed to satisfy this provision. If more than years are needed to commence the maintenance dredging after the storm event, a request for a specific time extension to perform the maintenance dredging shall be submitted to the department, prior to the end of the 3-year period, accompanied by a statement, including supporting documentation, demonstrating that contractors are not available or that additional time is needed to obtain authorization for the maintenance dredging from the United States Army Corps of Engineers. Section 9. This act shall take effect July 1, 2011. | Infrastructure Investment |
Provides conditions for claimants to be deemed available for work; requires AWI to notify each claimant regarding requirements that constitute active search for work; provides reporting requirements for claimants; provides conditions for exemption from claimant reporting requirements. | An act relating to unemployment compensation benefits; amending s. 443.091, F.S.; providing conditions for claimants to be deemed available for work; requiring the Agency for Workforce Innovation to notify each claimant regarding requirements that constitute an active search for work; providing reporting requirements for claimants; providing conditions for an exemption from claimant reporting requirements; providing an effective date. 11 Be It Enacted by the Legislature of the State of Florida: 13 Section 1. Paragraph (d) of subsection (1) of section 443.091, Florida Statutes, is amended to read: 443.091 Benefit eligibility conditions.-(1) An unemployed individual is eligible to receive benefits for any week only if the Agency for Workforce Innovation finds that: (d) She or he is able to work and is available for work. In order to assess eligibility for a claimed week of unemployment, the agency shall develop criteria to determine a claimant's ability to work and availability for work. However: 1. Notwithstanding any other provision of this paragraph or paragraphs (b) and (e), an otherwise eligible individual may not be denied benefits for any week because she or he is in training with the approval of the agency, or by reason of s. 443.101(2) relating to failure to apply for, or refusal to accept, suitable work. Training may be approved by the agency in accordance with criteria prescribed by rule. A claimant's eligibility during approved training is contingent upon satisfying eligibility conditions prescribed by rule. 2. Notwithstanding any other provision of this chapter, an otherwise eligible individual who is in training approved under s. 236(a)(1) of the Trade Act of 1974, as amended, may not be determined ineligible or disqualified for benefits due to her or his enrollment in such training or because of leaving work that is not suitable employment to enter such training. As used in this subparagraph, the term "suitable employment" means work of a substantially equal or higher skill level than the worker's past adversely affected employment, as defined for purposes of the Trade Act of 1974, as amended, the wages for which are at least percent of the worker's average weekly wage as determined for purposes of the Trade Act of 1974, as amended. 3. Notwithstanding any other provision of this section, an otherwise eligible individual may not be denied benefits for any week because she or he is before any state or federal court pursuant to a lawfully issued summons to appear for jury duty. 4.a. An individual may not be deemed available for work unless the individual has been and is actively and earnestly seeking work. Upon the filing of an initial or renewed claim, and prior to the filing of each weekly claim thereafter, the agency shall notify each claimant of the number of work-search contacts required to constitute an active search for work. b. A claimant may not be determined to be ineligible for benefits under this subparagraph because of not actively and earnestly seeking work if the claimant has reported in person to an office of the division as directed by the division at least once every weeks. However, a claimant is exempt from the reporting requirement of this sub-subparagraph if: (I) The claimant is claiming benefits in accordance with division regulations dealing with partial or temporary total unemployment; (II) The claimant is temporarily unemployed through no fault of her or his own and has a definite recall date within weeks after her or his first day of unemployment; (III) The claimant resides in a county with an unemployment rate, as published by the division, of percent or more and in which the county seat is more than miles from the nearest division office; (IV) The claimant belongs to a group or class of workers whose opportunities for reemployment will not be enhanced by reporting in person; or (V) The claimant is prevented from reporting due to emergency conditions that limit access by the general public to an agency office that serves the area in which the claimant resides, but only during the time such conditions exist. Section 2. This act shall take effect July 1, 2011. | Unemployment Compensation Benefits |
Defines term "municipality of special financial concern"; requires state land planning agency to grant waiver from requirements relating to updating capital improvements element of comprehensive plan & amendments updating regional water supply plan to certain municipal applicants who meet specified criteria; requires state land planning agency to grant waiver of requirements to certain municipal applicants who meet specified criteria, etc. | An act relating to small municipalities; amending s. 163.3164, F.S.; defining the term "municipality of special financial concern"; amending s. 163.3177, F.S.; requiring the state land planning agency to grant a waiver from requirements relating to updating the capital improvements element of the comprehensive plan and amendments updating the regional water supply plan to certain municipal applicants who meet specified criteria; amending s. 163.3191, F.S.; requiring the state land planning agency to grant a waiver of requirements to certain municipal applicants who meet specified criteria; amending s. 218.39, F.S.; revising the amount of municipal revenues or expenditures and expenses that require a municipality to complete a financial audit of its accounts and records; providing an effective date. 18 Be It Enacted by the Legislature of the State of Florida: 20 Section 1. Subsection (35) is added to section 163.3164, Florida Statutes, to read: 163.3164 Local Government Comprehensive Planning and Land Development Regulation Act; definitions.-As used in this act: (35) "Municipality of special financial concern" means: (a) Any municipality of special financial concern, as defined in s. 200.185(1)(b), with a per capita taxable value of assessed property of $58,000 or less; or (b) Any municipality that has a population under 20,000 with a per capita taxable value of assessed property of $46,000 or less. Section 2. Subsection (16) is added to section 163.3177, Florida Statutes, to read: 163.3177 Required and optional elements of comprehensive plan; studies and surveys.-(16)(a) A municipality of special financial concern or with annual revenues or expenditures of less than $1 million may apply to the state land planning agency for a waiver from the updating requirements of subsection (3) applicable to the existing capital improvements element and schedule, and the agency must grant the waiver upon finding that the municipality has acknowledged in the application that it recognizes that any future amendments to the comprehensive plan require a determination of any necessary capital improvements and that the municipality meets one or more of the following criteria: 1. There is vacant property equaling percent or less of the total land area of the municipality or a total of acres; 2. There are no scheduled capital improvements; or 3. The municipality has not experienced one or more of the following: a. Annexation activity within the last year. b. New development since the last update of the capital improvements element and schedule. c. Change to its comprehensive plan since the last review of the capital improvements element. (b) A municipality of special financial concern or with annual revenues or expenditures of less than $1 million may apply to the state land planning agency for a waiver from the requirements of this section applicable to amendments to update the regional water supply plan, and the agency must grant the waiver upon finding that the municipality has acknowledged in the application that it recognizes that any future amendments to the comprehensive plan require a determination of any necessary capital improvements and that the municipality has demonstrated no significant impact by meeting one or more of the following criteria: 1. There is vacant property equaling percent or less of the total land area of the municipality or a total of acres; 2. There are no scheduled capital improvements; or 3. The municipality did not experience one or more of the following: a. Annexation activity within the last year. b. New development since the last update of the capital improvements element and schedule. c. Change to its comprehensive plan since the last review of the capital improvements element. Section 3. Subsection (15) is added to section 163.3191, Florida Statutes, to read: 163.3191 Evaluation and appraisal of comprehensive plan.-(15) A municipality of special financial concern or with annual revenues or expenditures of less than $1 million may apply to the state land planning agency for a waiver of the scoping meeting requirement of subsection (3) or other requirements of this section, and the agency must grant the waiver upon finding that the municipality has acknowledged in the application that it recognizes that any future amendments to the comprehensive plan require a determination of any necessary capital improvements and that the municipality meets one or more of the following criteria: (a) There is vacant property equaling percent or less of the total land area of the municipality or a total of acres; (b) There are no scheduled capital improvements; or (c) Has not experienced one or more of the following: 1. Annexation activity within the last year. 2. New development since the last update of the capital improvements element and schedule. 3. Change to its comprehensive plan since the last review of the capital improvements element. Section 4. Paragraphs (b) and (g) of subsection (1) of section 218.39, Florida Statutes, are amended to read: 218.39 Annual financial audit reports.-(1) If, by the first day in any fiscal year, a local governmental entity, district school board, charter school, or charter technical career center has not been notified that a financial audit for that fiscal year will be performed by the Auditor General, each of the following entities shall have an annual financial audit of its accounts and records completed within months after the end of its fiscal year by an independent certified public accountant retained by it and paid from its public funds: (b) Any municipality with revenues or the total of expenditures and expenses of $1 million or more in excess of $250,000.(g) Each municipality with revenues or the total of expenditures and expenses less than $1 million between $100,000 and $250,000 that has not been subject to a financial audit pursuant to this subsection for the preceding fiscal years. Section 5. This act shall take effect July 1, 2011. | Small Municipalities |
Requires district school boards to designate one month of school year to celebrate Founding Fathers of United States of America & principles inherent in country's founding documents; specifies focus of instruction during designated month; provides that instruction may be integrated into existing school curriculum. | An act relating to public school educational instruction; amending s. 1003.44, F.S.; requiring district school boards to designate one month of the school year to celebrate the Founding Fathers of the United States of America and the principles inherent in the country's founding documents; specifying the focus of instruction during the designated month; providing that instruction may be integrated into the existing school curriculum; providing an effective date. 12 Be It Enacted by the Legislature of the State of Florida: 14 Section 1. Subsection (3) is added to section 1003.44, Florida Statutes, to read: 1003.44 Patriotic programs; rules.-(3)(a) Each district school board shall designate one month of the school year to celebrate the Founding Fathers of the United States of America and the principles inherent in the country's founding documents. This month may be coordinated with Celebrate Freedom Week which is observed pursuant to s. 1003.421. (b) During the designated month, students shall be provided instruction that focuses on: 1. The leading figures present at the country's founding who were instrumental in crafting the founding documents and setting democratic political precedent. 2. The moral and civic virtue, self-sacrifice, intellectual genius, and patriotism demonstrated by the country's founding fathers. 3. The founding documents, including, but not limited to, the Declaration of Independence, the Constitution of the United States, the Bill of Rights, and the Federalist Papers. 4. The historical and philosophical importance of the Declaration of Independence with its emphasis that all people "are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness." 5. The principles inherent in the founding documents, including, but not limited to, individual freedom, limited representative democratic government, a free market economy and system, civic virtue, national sovereignty, natural law, and self-evident truth. (c) The instruction may be integrated into the existing school curriculum through methods including, but not limited to, supplementing lesson plans, holding school assemblies, or providing school-related activities. Section 2. This act shall take effect July 1, 2011. | Public School Educational Instruction |
Specifies that University of Florida Board of Trustees shall lease Shands Teaching Hospital & Clinics on Gainesville campus to Shands Teaching Hospital & Clinics, Inc.; provides that Shands Jacksonville Medical Center, Inc., & its parent, Shands Jacksonville HealthCare, Inc., are private not-for-profit corporations organized primarily to support health affairs mission of University of Florida Board of Trustees; provides requirements for lease, contract, or agreement between board of trustees & corporations, etc. | An act relating to the University of Florida J. Hillis Miller Health Center; amending s. 1004.41, F.S.; correcting the name of one of the health center's colleges; specifying that the University of Florida Board of Trustees shall lease Shands Teaching Hospital and Clinics on the Gainesville campus to Shands Teaching Hospital and Clinics, Inc.; specifying the primary purpose of Shands Teaching Hospital and Clinics, Inc.; providing requirements for lease, contract, or agreement between the University of Florida Board of Trustees and Shands Teaching Hospital and Clinics, Inc.; authorizing the creation of corporate subsidiaries and affiliates; providing the right of control; providing for sovereign immunity; providing that Shands Jacksonville Medical Center, Inc., and its parent, Shands Jacksonville HealthCare, Inc., are private not-for-profit corporations organized primarily to support the health affairs mission of the University of Florida Board of Trustees; authorizing the creation of corporate subsidiaries and affiliates; providing requirements for lease, contract, or agreement between the University of Florida Board of Trustees and the corporations; providing the right of control; providing for sovereign immunity; providing for application; providing an effective date. 27 Be It Enacted by the Legislature of the State of Florida: 29 Section 1. Section 1004.41, Florida Statutes, is amended to read: 1004.41 University of Florida; J. Hillis Miller Health Center.-(1) There is established the J. Hillis Miller Health Center at the University of Florida, including campuses at Gainesville and Jacksonville and affiliated teaching hospitals, which shall include the following colleges: (a) College of Dentistry. (b) College of Public Health and Health Professions. (c) College of Medicine. (d) College of Nursing. (e) College of Pharmacy. (f) College of Veterinary Medicine and related teaching hospitals. (2) Each college of the health center shall be so maintained and operated as to comply with the standards approved by a nationally recognized association for accreditation. (3)(a) The University of Florida Health Center Operations and Maintenance Trust Fund shall be administered by the University of Florida Board of Trustees. Funds shall be credited to the trust fund from the sale of goods and services performed by the University of Florida Veterinary Medicine Teaching Hospital. The purpose of the trust fund is to support the instruction, research, and service missions of the University of Florida College of Veterinary Medicine. (b) Notwithstanding the provisions of s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund. (4)(a) The University of Florida Board of Trustees shall lease the hospital facilities of the health center known as the Shands Teaching Hospital and Clinics on the Gainesville campus of the University of Florida and all furnishings, equipment, and other chattels or choses in action used in the operation of Shands Teaching Hospital and Clinics the hospital, to Shands Teaching Hospital and Clinics, Inc., a private not-for-profit corporation organized solely for the primary purpose of supporting the University of Florida Board of Trustees' health affairs mission of community service and patient care, education and training of health professionals, and clinical research. In furtherance of that primary purpose, Shands Teaching Hospital and Clinics, Inc., shall operate operating the hospital and ancillary health care facilities as deemed of the health center and other health care facilities and programs determined to be necessary by the board of Shands Teaching Hospital and Clinics, Inc. the nonprofit corporation. The rental for the hospital facilities shall be an amount equal to the debt service on bonds or revenue certificates issued solely for capital improvements to the hospital facilities or as otherwise provided by law. (b) The University of Florida Board of Trustees shall provide in the lease or by separate contract or agreement with Shands Teaching Hospital and Clinics, Inc., the not-for-profit corporation for the following: 1. Approval of the articles of incorporation of Shands Teaching Hospital and Clinics, Inc., the not-for-profit corporation by the University of Florida Board of Trustees.2. and the Governance of Shands Teaching Hospital and Clinics, Inc., the not-for-profit corporation by a board of directors appointed,subject to removal, and chaired by the President of the University of Florida, or his or her designee, and vice chaired by the Vice President for Health Affairs of the University of Florida or his or her designee.3. 2. The Use of hospital facilities and personnel in support of community service and patient care, the research programs,and of the teaching roles role of the health center. 4. 3. The Continued recognition of the collective bargaining units and collective bargaining agreements as currently composed and recognition of the certified labor organizations representing those units and agreements. 5. 4. The Use of hospital facilities and personnel in connection with research programs conducted by the health center. 6. 5. Reimbursement to Shands Teaching Hospital and Clinics, Inc., the hospital for indigent patients, state-mandated programs, underfunded state programs, and costs to Shands Teaching Hospital and Clinics, Inc., the hospital for support of the teaching and research programs of the health center. Such reimbursement shall be appropriated to either the health center or Shands Teaching Hospital and Clinics, Inc., the hospital each year by the Legislature after review and approval of the request for funds. 7. Audit of the financial statements of Shands Teaching Hospital and Clinics, Inc., in accordance with generally accepted accounting principles as prescribed by the Governmental Accounting Standards Board for a separate corporation affiliated with a government entity that holds a voting majority interest of the affiliated corporation's governing board. The financial statements shall be provided to the University of Florida Board of Trustees for attachment to its audited financial statement which is provided to the Auditor General. The University of Florida may obtain additional financial information from Shands Teaching Hospital and Clinics, Inc., upon request by the Auditor General. This subparagraph applies equally to any not-for-profit subsidiary of Shands Teaching Hospitals and Clinics, Inc., which directly delivers health care services and also qualifies as an instrumentality of the state under the governance control and the primary purpose standards specified in this section. (c) The University of Florida Board of Trustees may, with the approval of the Legislature, increase the hospital facilities or remodel or renovate them if,provided that the rental paid by Shands Teaching Hospital and Clinics, Inc., the hospital for such new, remodeled, or renovated facilities is sufficient to amortize the costs thereof over a reasonable period of time or fund the debt service for any bonds or revenue certificates issued to finance such improvements. (d) The University of Florida Board of Trustees may is authorized to provide to Shands Teaching Hospital and Clinics, Inc., the not-for-profit corporation leasing the hospital facilities and its not-for-profit subsidiaries and affiliates, and any successor corporation that acts in support of the board of trustees, comprehensive general liability insurance,including professional liability,from a self-insurance trust program established pursuant to s. 1004.24. (e) Shands Teaching Hospital and Clinics, Inc., in support of the health affairs mission of the University of Florida Board of Trustees and with the board's prior approval, may create or have created either for-profit or not-for-profit subsidiaries and affiliates, or both. The University of Florida Board of Trustees, which may act through the president of the university or his or her designee, may control Shands Teaching Hospital and Clinics, Inc. For purposes of sovereign immunity pursuant to s. 768.28(2), Shands Teaching Hospital and Clinics, Inc., and any not-for-profit subsidiary which directly delivers health care services and whose governing board is chaired by the president of the university or his or her designee and is controlled by the University of Florida Board of Trustees, which may act through the president of the university or his or her designee and whose primary purpose is the support of the University of Florida Board of Trustees' health affairs mission, shall be conclusively deemed a corporation primarily acting as an instrumentality of the state. (f) (e) In the event that the lease of Shands Teaching Hospital and Clinics the hospital facilities to Shands Teaching Hospital and Clinics, Inc., the not-for-profit corporation is terminated for any reason, the University of Florida Board of Trustees shall resume management and operation of Shands Teaching Hospital and Clinics the hospital facilities.In such event, the University of Florida Board of Trustees may use is authorized to utilize revenues generated from the operation of Shands Teaching Hospital and Clinics the hospital facilities to pay the costs and expenses of operating the hospital facility for the remainder of the fiscal year in which such termination occurs. (5)(a) Shands Jacksonville Medical Center, Inc., and its parent, Shands Jacksonville HealthCare, Inc., are private not-for-profit corporations organized primarily to support the health affairs mission of the University of Florida Board of Trustees in community service and patient care, education and training of health affairs professionals, and clinical research. Shands Jacksonville Medical Center, Inc., is a teaching hospital affiliated with the University of Florida Board of Trustees and is located, in part, on the Jacksonville Campus of the University of Florida. Shands Jacksonville Medical Center, Inc., and Shands Jacksonville HealthCare, Inc., in support of the health affairs mission of the University of Florida Board of Trustees and with its prior approval, may create or have created either for-profit or not-for-profit subsidiaries or affiliates, or both. (b) The University of Florida Board of Trustees shall provide in the lease or by separate contract or agreement with Shands Jacksonville Medical Center, Inc., and Shands Jacksonville HealthCare, Inc., for the following: 1. Approval of the articles of incorporation of Shands Jacksonville Medical Center, Inc., and of Shands Jacksonville HealthCare, Inc., by the University of Florida Board of Trustees, which may act through the president of the university or his or her designee. In approving the articles of incorporation of Shands Jacksonville Medical Center, Inc., and of Shands Jacksonville HealthCare, Inc., the president of the university, or his or her designee, may act as the chair of the board of directors, or the president of the university or his or her designee or members of the University of Florida Board of Trustees may act as the approving body of Shands Jacksonville Medical Center, Inc., or Shands Jacksonville HealthCare, Inc. 2. Governance of Shands Jacksonville Medical Center, Inc., and of Shands Jacksonville HealthCare, Inc., by boards of directors appointed, subject to removal, and chaired by the President of the University of Florida, or his or her designee. One director of each board may be so appointed after being nominated by the mayor of the City of Jacksonville subject to the applicable standards for directors of such board. If there is a vice chair of the board of directors of Shands Jacksonville Medical Center, Inc., or Shands Jacksonville HealthCare, Inc., the Vice President for Health Affairs of the University of Florida, or his or her designee or the designee of the president of the university, shall hold that position. 3. Use of the Shands Jacksonville Medical Center, Inc., hospital facilities and personnel in support of community service and patient care, research programs, and the teaching roles of the health center of the University of Florida Board of Trustees. 4. Reimbursement to Shands Jacksonville Medical Center, Inc., for indigent patients, state-mandated programs, underfunded state programs, and costs to the not-for-profit corporation for support of the teaching and research programs of the health center. Such reimbursement shall be appropriated to either the health center or the not-for-profit corporation each year by the Legislature after review and approval of the request for funds. 5. Audit of the financial statements of Shands Jacksonville Medical Center, Inc., and Shands Jacksonville HealthCare, Inc., in accordance with generally accepted accounting principles as prescribed by the Governmental Accounting Standards Board for a separate corporation affiliated with a government entity that holds a voting majority interest of the affiliated corporation's governing board. The financial statements shall be provided to the University of Florida Board of Trustees for attachment to its audited financial statement which is provided to the Auditor General. The University of Florida may obtain additional financial information from Shands Jacksonville Medical Center, Inc., and Shands Jacksonville HealthCare, Inc., upon request by the Auditor General. This subparagraph applies equally to any not-for-profit subsidiary which directly delivers health care services and also qualifies as an instrumentality of the state under the governance control and primary purpose standards specified in this section. (c) The University of Florida Board of Trustees, which may act through the president of the university or his or her designee, may control Shands Jacksonville Medical Center, Inc., and Shands Jacksonville HealthCare, Inc. (d) For purposes of sovereign immunity pursuant to s. 768.28(2), Shands Jacksonville Medical Center, Inc., Shands Jacksonville HealthCare, Inc., and any not-for-profit subsidiary which directly delivers health care services and whose governing board is chaired by the President of the University of Florida or his or her designee and is controlled by the University of Florida Board of Trustees, which may act through the president of the university or his or designee and whose primary purpose is the support of the University of Florida Board of Trustees' health affairs mission, shall be conclusively deemed corporations primarily acting as instrumentalities of the state. (e) (f) The University of Florida Board of Trustees may is authorized to provide to Shands Jacksonville HealthCare, Inc., and Shands Jacksonville Medical Center, Inc., and any of their its not-for-profit subsidiaries and affiliates and any successor corporation that acts in support of the board of trustees, comprehensive general liability coverage, including professional liability, from the self-insurance programs established pursuant to s. 1004.24. Section 2. This act shall take effect July 1, 2011, and shall apply to causes of action accruing on or after July 1, 2011. | Univ. of Florida J. Hillis Miller Health Center |
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