September 18, 2020
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       ENROLLED
       2010 Legislature                                         SB 1784
       
       
       
       
       
       
                                                             20101784er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         7.06, 11.45, 17.0315, 112.354, 112.361, 112.363,
    4         120.55, 121.053, 121.081, 121.091, 163.31771,
    5         163.3180, 175.071, 185.06, 192.001, 192.0105,
    6         193.1555, 193.503, 193.703, 196.011, 196.075,
    7         196.1975, 196.1977, 197.402, 200.069, 210.1801,
    8         211.06, 212.098, 215.211, 238.07, 238.071, 238.09,
    9         255.043, 260.019, 265.2865, 265.32, 265.606, 265.701,
   10         282.201, 282.204, 282.318, 282.702, 288.012, 288.021,
   11         288.0656, 288.1081, 288.1169, 288.1224, 311.12,
   12         311.121, 311.122, 318.18, 318.21, 321.02, 322.271,
   13         327.73, 334.044, 337.0261, 337.16, 338.235, 365.172,
   14         373.046, 373.236, 376.30713, 377.709, 380.06, 394.875,
   15         394.9082, 395.4036, 397.311, 397.334, 400.141,
   16         400.474, 403.0872, 403.93345, 403.9336, 408.0361,
   17         408.05, 408.820, 409.816, 409.908, 409.911, 409.912,
   18         409.91211, 420.628, 430.04, 440.105, 443.1117,
   19         445.049, 450.231, 456.041, 466.0067, 472.016, 472.036,
   20         473.315, 489.119, 494.00321, 494.00611, 494.0066,
   21         501.1377, 517.191, 526.144, 556.105, 569.19, 589.011,
   22         627.062, 627.351, 733.817, 817.36, 921.002, 934.02,
   23         1002.335, 1003.57, 1004.87, 1011.71, and 1011.73,
   24         F.S.; reenacting ss. 120.52, 381.84(6), 409.905(5),
   25         624.91(6), and 1013.45(1), F.S.; and repealing ss.
   26         28.39, 34.205, 39.4086, 282.5001, 282.5002, 282.5003,
   27         282.5004, 282.5005, 282.5006, 282.5007, 282.5008,
   28         322.181, 381.912, 382.357, 400.195, and 576.092, F.S.,
   29         pursuant to s. 11.242, F.S.; deleting provisions that
   30         have expired, have become obsolete, have had their
   31         effect, have served their purpose, or have been
   32         impliedly repealed or superseded; replacing incorrect
   33         cross-references and citations; correcting
   34         grammatical, typographical, and like errors; removing
   35         inconsistencies, redundancies, and unnecessary
   36         repetition in the statutes; improving the clarity of
   37         the statutes and facilitating their correct
   38         interpretation; and confirming the restoration of
   39         provisions unintentionally omitted from republication
   40         in the acts of the Legislature during the amendatory
   41         process; providing an effective date.
   42  
   43  Be It Enacted by the Legislature of the State of Florida:
   44  
   45         Section 1. Section 7.06, Florida Statutes, as amended by
   46  section 1 of chapter 2007-222, Laws of Florida, is amended to
   47  read:
   48         7.06 Broward County.—The boundary lines of Broward County
   49  are as follows: Beginning on the east boundary of the State of
   50  Florida at a point where the south boundary of township forty
   51  seven south of range forty-three east, produced easterly, would
   52  intersect the same; thence westerly on said township boundary to
   53  its intersection with the axis or center line of Hillsborough
   54  State Drainage Canal, as at present located and constructed;
   55  thence westerly along the center line of said canal to its
   56  intersection with the range line dividing ranges forty and
   57  forty-one east; thence south on the range line dividing ranges
   58  forty and forty-one east, of township forty-seven south, to the
   59  northeast corner of section twenty-five of township forty-seven,
   60  south, of range forty east; thence due west on the north
   61  boundaries of the sections numbered from twenty-five to thirty,
   62  inclusive, of townships forty-seven south, of ranges thirty
   63  seven to forty east, inclusive, as the same have been surveyed,
   64  or may hereafter be surveyed, by the authority of the Board of
   65  Trustees of the Internal Improvement Trust Fund, to the
   66  northwest corner of section thirty of township forty-seven
   67  south, of range thirty-seven east; thence continuing due west to
   68  the range line between ranges thirty-four and thirty-five east;
   69  thence southerly on the range line dividing ranges thirty-four
   70  and thirty-five east, to the southwest corner of township fifty
   71  one south, of range thirty-five east; thence east following the
   72  south line of township fifty-one south, across ranges thirty
   73  five, thirty-six, thirty-seven, thirty-eight, thirty-nine and
   74  forty, to the southwest corner of township fifty-one south of
   75  range forty-one east; thence north on the range line dividing
   76  ranges forty and forty-one to the northwest corner of section
   77  thirty-one of township fifty-one south, of range forty-one east;
   78  thence east on the north boundary of section thirty-one and
   79  other sections to the waters of the Atlantic Ocean; thence
   80  easterly to the eastern boundary of the State of Florida; thence
   81  northerly along said eastern boundary to the point of beginning.
   82  In addition, the boundary lines of Broward County include the
   83  following: Begin at the northwest corner of section thirty-five,
   84  township fifty-one south, range forty-two east, Miami-Dade Dade
   85  County, Florida; thence, southerly following the west line of
   86  section thirty-five, township fifty-one south, range forty-two
   87  east to the intersection with a line which is two hundred and
   88  thirty feet south of and parallel to the north line of section
   89  thirty-five, township fifty-one south, range forty-two east;
   90  thence, easterly following the line which is two hundred and
   91  thirty feet south of and parallel to the north line of section
   92  thirty-five, township fifty-one south, range forty-two east, to
   93  the intersection with the west boundary line of the Town of
   94  Golden Beach; thence, northerly following the west boundary line
   95  of the Town of Golden Beach to the intersection with the north
   96  line of section thirty-five, township fifty-one south, range
   97  forty-two east; thence, westerly following the north line of
   98  section thirty-five, township fifty-one south, range forty-two
   99  east to the point of beginning.
  100         Reviser’s note.—Amended to conform to the
  101         redesignation of Dade County as Miami-Dade County by
  102         s. 1-4.2 of the Miami-Dade County Code.
  103         Section 2. Subsection (1) of section 11.45, Florida
  104  Statutes, is amended to read:
  105         11.45 Definitions; duties; authorities; reports; rules.—
  106         (1) DEFINITIONS.—As used in ss. 11.40-11.513 11.40-11.515,
  107  the term:
  108         (a) “Audit” means a financial audit, operational audit, or
  109  performance audit.
  110         (b) “County agency” means a board of county commissioners
  111  or other legislative and governing body of a county, however
  112  styled, including that of a consolidated or metropolitan
  113  government, a clerk of the circuit court, a separate or ex
  114  officio clerk of the county court, a sheriff, a property
  115  appraiser, a tax collector, a supervisor of elections, or any
  116  other officer in whom any portion of the fiscal duties of the
  117  above are under law separately placed.
  118         (c) “Financial audit” means an examination of financial
  119  statements in order to express an opinion on the fairness with
  120  which they are presented in conformity with generally accepted
  121  accounting principles and an examination to determine whether
  122  operations are properly conducted in accordance with legal and
  123  regulatory requirements. Financial audits must be conducted in
  124  accordance with generally accepted auditing standards and
  125  government auditing standards as adopted by the Board of
  126  Accountancy.
  127         (d) “Governmental entity” means a state agency, a county
  128  agency, or any other entity, however styled, that independently
  129  exercises any type of state or local governmental function.
  130         (e) “Local governmental entity” means a county agency,
  131  municipality, or special district as defined in s. 189.403, but
  132  does not include any housing authority established under chapter
  133  421.
  134         (f) “Management letter” means a statement of the auditor’s
  135  comments and recommendations.
  136         (g) “Operational audit” means a financial-related audit
  137  whose purpose is to evaluate management’s performance in
  138  administering assigned responsibilities in accordance with
  139  applicable laws, administrative rules, and other guidelines and
  140  to determine the extent to which the internal control, as
  141  designed and placed in operation, promotes and encourages the
  142  achievement of management’s control objectives in the categories
  143  of compliance, economic and efficient operations, reliability of
  144  financial records and reports, and safeguarding of assets.
  145         (h) “Performance audit” means an examination of a program,
  146  activity, or function of a governmental entity, conducted in
  147  accordance with applicable government auditing standards or
  148  auditing and evaluation standards of other appropriate
  149  authoritative bodies. The term includes an examination of issues
  150  related to:
  151         1. Economy, efficiency, or effectiveness of the program.
  152         2. Structure or design of the program to accomplish its
  153  goals and objectives.
  154         3. Adequacy of the program to meet the needs identified by
  155  the Legislature or governing body.
  156         4. Alternative methods of providing program services or
  157  products.
  158         5. Goals, objectives, and performance measures used by the
  159  agency to monitor and report program accomplishments.
  160         6. The accuracy or adequacy of public documents, reports,
  161  or requests prepared under the program by state agencies.
  162         7. Compliance of the program with appropriate policies,
  163  rules, or laws.
  164         8. Any other issues related to governmental entities as
  165  directed by the Legislative Auditing Committee.
  166         (i) “Political subdivision” means a separate agency or unit
  167  of local government created or established by law and includes,
  168  but is not limited to, the following and the officers thereof:
  169  authority, board, branch, bureau, city, commission, consolidated
  170  government, county, department, district, institution,
  171  metropolitan government, municipality, office, officer, public
  172  corporation, town, or village.
  173         (j) “State agency” means a separate agency or unit of state
  174  government created or established by law and includes, but is
  175  not limited to, the following and the officers thereof:
  176  authority, board, branch, bureau, commission, department,
  177  division, institution, office, officer, or public corporation,
  178  as the case may be, except any such agency or unit within the
  179  legislative branch of state government other than the Florida
  180  Public Service Commission.
  181         Reviser’s note.—Amended to conform to the repeal of s.
  182         11.515 by s. 3, ch. 2001-86, Laws of Florida.
  183         Section 3. Subsection (3) of section 17.0315, Florida
  184  Statutes, is amended to read:
  185         17.0315 Financial and cash management system; task force.—
  186         (3) State agency administrative services directors, finance
  187  and accounting officers, and budget directors within all
  188  branches of state government shall fully cooperate with the task
  189  force in its development of the strategic plan. The task force
  190  shall submit to the Governor, the President of the Senate, and
  191  the Speaker of the House of Representatives a strategic business
  192  plan that includes, but is not limited to:
  193         (a) Identifying problems and opportunities imposed by
  194  current law and the current administration with respect to
  195  existing state accounting and cash management systems;
  196         (b) Providing developmental solutions to known failures,
  197  including, but not limited to, those identified by external
  198  review and audit reports;
  199         (c) Recommending business processes, requirements, and
  200  governance structure to support a standardized statewide
  201  accounting and cash management system;
  202         (d) Evaluating alternative funding approaches to equitably
  203  distribute common accounting infrastructure costs across all
  204  participating users; and
  205         (e) Providing an enterprise-wide work product that can be
  206  used as the basis for a revised competitive procurement process
  207  for the implementation of a successor system.
  208  
  209  The Chief Financial Officer shall submit the initial report,
  210  along with draft legislation recommended to implement a
  211  standardized statewide financial and cash management system, by
  212  February 1, 2009.
  213         Reviser’s note.—Amended to delete a provision
  214         requiring submittal of an initial report and draft
  215         legislation by February 1, 2009.
  216         Section 4. Section 28.39, Florida Statutes, is repealed.
  217         Reviser’s note.—Repealed to delete material relating
  218         to court fees and costs imposed on or before June 30,
  219         2004, and repealed effective July 1, 2004.
  220         Section 5. Section 34.205, Florida Statutes, is repealed.
  221         Reviser’s note.—Repealed to delete material relating
  222         to court fees and costs imposed on or before June 30,
  223         2004, and repealed effective July 1, 2004.
  224         Section 6. Section 39.4086, Florida Statutes, is repealed.
  225         Reviser’s note.—Repealed to delete material relating
  226         to a 3-year pilot program for attorneys ad litem and
  227         providing for a final report by October 1, 2003.
  228         Section 7. Section 112.354, Florida Statutes, is amended to
  229  read:
  230         112.354 Eligibility for supplement.—Each retired member or,
  231  if applicable, a joint annuitant, except any person receiving
  232  survivor benefits under the teachers’ retirement system of the
  233  state in accordance with s. 238.07(18) 238.07(16), shall be
  234  entitled to receive a supplement computed in accordance with s.
  235  112.355 upon:
  236         (1) Furnishing to the Department of Management Services
  237  evidence from the Social Security Administration setting forth
  238  the retired member’s social security benefit or certifying the
  239  noninsured status of the retired member under the Social
  240  Security Act, and
  241         (2) Filing written application with the Department of
  242  Management Services for such supplement.
  243         Reviser’s note.—Amended to confirm an editorial
  244         substitution made to conform to the editorial
  245         redesignation of s. 238.07(15A) and (15B) as s.
  246         238.07(16) and (17), which necessitated the
  247         redesignation of s. 238.07(16) as s. 238.07(18).
  248         Section 8. Subsection (4) of section 112.361, Florida
  249  Statutes, is amended to read:
  250         112.361 Additional and updated supplemental retirement
  251  benefits.—
  252         (4) ELIGIBILITY FOR SUPPLEMENT.—Each retired member or, if
  253  applicable, a joint annuitant, except any person receiving
  254  survivor’s benefits under the Teachers’ Retirement System of the
  255  state in accordance with s. 238.07(18) 238.07(16), shall be
  256  entitled to receive a supplement computed in accordance with
  257  subsection (5), upon:
  258         (a) Furnishing to the department evidence from the Social
  259  Security Administration setting forth the retired member’s
  260  social security benefit or certifying the noninsured status of
  261  the retired member under the Social Security Act, and
  262         (b) Filing written application with the department for such
  263  supplement.
  264         Reviser’s note.—Amended to confirm an editorial
  265         substitution made to conform to the editorial
  266         redesignation of s. 238.07(15A) and (15B) as s.
  267         238.07(16) and (17), which necessitated the
  268         redesignation of s. 238.07(16) as s. 238.07(18).
  269         Section 9. Paragraph (a) of subsection (2) of section
  270  112.363, Florida Statutes, is amended to read:
  271         112.363 Retiree health insurance subsidy.—
  272         (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.—
  273         (a) A person who is retired under a state-administered
  274  retirement system, or a beneficiary who is a spouse or financial
  275  dependent entitled to receive benefits under a state
  276  administered retirement system, is eligible for health insurance
  277  subsidy payments provided under this section; except that
  278  pension recipients under ss. 121.40, 238.07(18)(a)
  279  238.07(16)(a), and 250.22, recipients of health insurance
  280  coverage under s. 110.1232, or any other special pension or
  281  relief act shall not be eligible for such payments.
  282         Reviser’s note.—Amended to confirm an editorial
  283         substitution made to conform to the editorial
  284         redesignation of s. 238.07(15A) and (15B) as s.
  285         238.07(16) and (17), which necessitated the
  286         redesignation of s. 238.07(16) as s. 238.07(18).
  287         Section 10. Section 120.52, Florida Statutes, is reenacted
  288  to read:
  289         120.52 Definitions.—As used in this act:
  290         (1) “Agency” means the following officers or governmental
  291  entities if acting pursuant to powers other than those derived
  292  from the constitution:
  293         (a) The Governor; each state officer and state department,
  294  and each departmental unit described in s. 20.04; the Board of
  295  Governors of the State University System; the Commission on
  296  Ethics; the Fish and Wildlife Conservation Commission; a
  297  regional water supply authority; a regional planning agency; a
  298  multicounty special district, but only when a majority of its
  299  governing board is comprised of nonelected persons; educational
  300  units; and each entity described in chapters 163, 373, 380, and
  301  582 and s. 186.504.
  302         (b) Each officer and governmental entity in the state
  303  having statewide jurisdiction or jurisdiction in more than one
  304  county.
  305         (c) Each officer and governmental entity in the state
  306  having jurisdiction in one county or less than one county, to
  307  the extent they are expressly made subject to this act by
  308  general or special law or existing judicial decisions.
  309  
  310  This definition does not include any municipality or legal
  311  entity created solely by a municipality; any legal entity or
  312  agency created in whole or in part pursuant to part II of
  313  chapter 361; any metropolitan planning organization created
  314  pursuant to s. 339.175; any separate legal or administrative
  315  entity created pursuant to s. 339.175 of which a metropolitan
  316  planning organization is a member; an expressway authority
  317  pursuant to chapter 348 or any transportation authority under
  318  chapter 343 or chapter 349; or any legal or administrative
  319  entity created by an interlocal agreement pursuant to s.
  320  163.01(7), unless any party to such agreement is otherwise an
  321  agency as defined in this subsection.
  322         (2) “Agency action” means the whole or part of a rule or
  323  order, or the equivalent, or the denial of a petition to adopt a
  324  rule or issue an order. The term also includes any denial of a
  325  request made under s. 120.54(7).
  326         (3) “Agency head” means the person or collegial body in a
  327  department or other governmental unit statutorily responsible
  328  for final agency action.
  329         (4) “Committee” means the Administrative Procedures
  330  Committee.
  331         (5) “Division” means the Division of Administrative
  332  Hearings.
  333         (6) “Educational unit” means a local school district, a
  334  community college district, the Florida School for the Deaf and
  335  the Blind, or a state university when the university is acting
  336  pursuant to statutory authority derived from the Legislature.
  337         (7) “Final order” means a written final decision which
  338  results from a proceeding under s. 120.56, s. 120.565, s.
  339  120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a
  340  rule, and which is not excepted from the definition of a rule,
  341  and which has been filed with the agency clerk, and includes
  342  final agency actions which are affirmative, negative,
  343  injunctive, or declaratory in form. A final order includes all
  344  materials explicitly adopted in it. The clerk shall indicate the
  345  date of filing on the order.
  346         (8) “Invalid exercise of delegated legislative authority”
  347  means action that goes beyond the powers, functions, and duties
  348  delegated by the Legislature. A proposed or existing rule is an
  349  invalid exercise of delegated legislative authority if any one
  350  of the following applies:
  351         (a) The agency has materially failed to follow the
  352  applicable rulemaking procedures or requirements set forth in
  353  this chapter;
  354         (b) The agency has exceeded its grant of rulemaking
  355  authority, citation to which is required by s. 120.54(3)(a)1.;
  356         (c) The rule enlarges, modifies, or contravenes the
  357  specific provisions of law implemented, citation to which is
  358  required by s. 120.54(3)(a)1.;
  359         (d) The rule is vague, fails to establish adequate
  360  standards for agency decisions, or vests unbridled discretion in
  361  the agency;
  362         (e) The rule is arbitrary or capricious. A rule is
  363  arbitrary if it is not supported by logic or the necessary
  364  facts; a rule is capricious if it is adopted without thought or
  365  reason or is irrational; or
  366         (f) The rule imposes regulatory costs on the regulated
  367  person, county, or city which could be reduced by the adoption
  368  of less costly alternatives that substantially accomplish the
  369  statutory objectives.
  370  
  371  A grant of rulemaking authority is necessary but not sufficient
  372  to allow an agency to adopt a rule; a specific law to be
  373  implemented is also required. An agency may adopt only rules
  374  that implement or interpret the specific powers and duties
  375  granted by the enabling statute. No agency shall have authority
  376  to adopt a rule only because it is reasonably related to the
  377  purpose of the enabling legislation and is not arbitrary and
  378  capricious or is within the agency’s class of powers and duties,
  379  nor shall an agency have the authority to implement statutory
  380  provisions setting forth general legislative intent or policy.
  381  Statutory language granting rulemaking authority or generally
  382  describing the powers and functions of an agency shall be
  383  construed to extend no further than implementing or interpreting
  384  the specific powers and duties conferred by the enabling
  385  statute.
  386         (9) “Law implemented” means the language of the enabling
  387  statute being carried out or interpreted by an agency through
  388  rulemaking.
  389         (10) “License” means a franchise, permit, certification,
  390  registration, charter, or similar form of authorization required
  391  by law, but it does not include a license required primarily for
  392  revenue purposes when issuance of the license is merely a
  393  ministerial act.
  394         (11) “Licensing” means the agency process respecting the
  395  issuance, denial, renewal, revocation, suspension, annulment,
  396  withdrawal, or amendment of a license or imposition of terms for
  397  the exercise of a license.
  398         (12) “Official reporter” means the publication in which an
  399  agency publishes final orders, the index to final orders, and
  400  the list of final orders which are listed rather than published.
  401         (13) “Party” means:
  402         (a) Specifically named persons whose substantial interests
  403  are being determined in the proceeding.
  404         (b) Any other person who, as a matter of constitutional
  405  right, provision of statute, or provision of agency regulation,
  406  is entitled to participate in whole or in part in the
  407  proceeding, or whose substantial interests will be affected by
  408  proposed agency action, and who makes an appearance as a party.
  409         (c) Any other person, including an agency staff member,
  410  allowed by the agency to intervene or participate in the
  411  proceeding as a party. An agency may by rule authorize limited
  412  forms of participation in agency proceedings for persons who are
  413  not eligible to become parties.
  414         (d) Any county representative, agency, department, or unit
  415  funded and authorized by state statute or county ordinance to
  416  represent the interests of the consumers of a county, when the
  417  proceeding involves the substantial interests of a significant
  418  number of residents of the county and the board of county
  419  commissioners has, by resolution, authorized the representative,
  420  agency, department, or unit to represent the class of interested
  421  persons. The authorizing resolution shall apply to a specific
  422  proceeding and to appeals and ancillary proceedings thereto, and
  423  it shall not be required to state the names of the persons whose
  424  interests are to be represented.
  425  
  426  The term “party” does not include a member government of a
  427  regional water supply authority or a governmental or quasi
  428  judicial board or commission established by local ordinance or
  429  special or general law where the governing membership of such
  430  board or commission is shared with, in whole or in part, or
  431  appointed by a member government of a regional water supply
  432  authority in proceedings under s. 120.569, s. 120.57, or s.
  433  120.68, to the extent that an interlocal agreement under ss.
  434  163.01 and 373.1962 exists in which the member government has
  435  agreed that its substantial interests are not affected by the
  436  proceedings or that it is to be bound by alternative dispute
  437  resolution in lieu of participating in the proceedings. This
  438  exclusion applies only to those particular types of disputes or
  439  controversies, if any, identified in an interlocal agreement.
  440         (14) “Person” means any person described in s. 1.01, any
  441  unit of government in or outside the state, and any agency
  442  described in subsection (1).
  443         (15) “Recommended order” means the official recommendation
  444  of an administrative law judge assigned by the division or of
  445  any other duly authorized presiding officer, other than an
  446  agency head or member of an agency head, for the final
  447  disposition of a proceeding under ss. 120.569 and 120.57.
  448         (16) “Rule” means each agency statement of general
  449  applicability that implements, interprets, or prescribes law or
  450  policy or describes the procedure or practice requirements of an
  451  agency and includes any form which imposes any requirement or
  452  solicits any information not specifically required by statute or
  453  by an existing rule. The term also includes the amendment or
  454  repeal of a rule. The term does not include:
  455         (a) Internal management memoranda which do not affect
  456  either the private interests of any person or any plan or
  457  procedure important to the public and which have no application
  458  outside the agency issuing the memorandum.
  459         (b) Legal memoranda or opinions issued to an agency by the
  460  Attorney General or agency legal opinions prior to their use in
  461  connection with an agency action.
  462         (c) The preparation or modification of:
  463         1. Agency budgets.
  464         2. Statements, memoranda, or instructions to state agencies
  465  issued by the Chief Financial Officer or Comptroller as chief
  466  fiscal officer of the state and relating or pertaining to claims
  467  for payment submitted by state agencies to the Chief Financial
  468  Officer or Comptroller.
  469         3. Contractual provisions reached as a result of collective
  470  bargaining.
  471         4. Memoranda issued by the Executive Office of the Governor
  472  relating to information resources management.
  473         (17) “Rulemaking authority” means statutory language that
  474  explicitly authorizes or requires an agency to adopt, develop,
  475  establish, or otherwise create any statement coming within the
  476  definition of the term “rule.”
  477         (18) “Small city” means any municipality that has an
  478  unincarcerated population of 10,000 or less according to the
  479  most recent decennial census.
  480         (19) “Small county” means any county that has an
  481  unincarcerated population of 75,000 or less according to the
  482  most recent decennial census.
  483         (20) “Unadopted rule” means an agency statement that meets
  484  the definition of the term “rule,” but that has not been adopted
  485  pursuant to the requirements of s. 120.54.
  486         (21) “Variance” means a decision by an agency to grant a
  487  modification to all or part of the literal requirements of an
  488  agency rule to a person who is subject to the rule. Any variance
  489  shall conform to the standards for variances outlined in this
  490  chapter and in the uniform rules adopted pursuant to s.
  491  120.54(5).
  492         (22) “Waiver” means a decision by an agency not to apply
  493  all or part of a rule to a person who is subject to the rule.
  494  Any waiver shall conform to the standards for waivers outlined
  495  in this chapter and in the uniform rules adopted pursuant to s.
  496  120.54(5).
  497         Reviser’s note.—Section 1, ch. 2009-85, Laws of
  498         Florida, amended s. 120.52 without publishing
  499         subsections (2)-(22). Absent affirmative evidence of
  500         legislative intent to repeal the omitted subsections,
  501         the section is reenacted to confirm the omissions were
  502         not intended.
  503         Section 11. Paragraph (a) of subsection (1) of section
  504  120.55, Florida Statutes, is amended to read:
  505         120.55 Publication.—
  506         (1) The Department of State shall:
  507         (a)1. Through a continuous revision system, compile and
  508  publish the “Florida Administrative Code.” The Florida
  509  Administrative Code shall contain all rules adopted by each
  510  agency, citing the grant of rulemaking authority and the
  511  specific law implemented pursuant to which each rule was
  512  adopted, all history notes as authorized in s. 120.545(7)
  513  120.545(8), and complete indexes to all rules contained in the
  514  code. Supplementation shall be made as often as practicable, but
  515  at least monthly. The department may contract with a publishing
  516  firm for the publication, in a timely and useful form, of the
  517  Florida Administrative Code; however, the department shall
  518  retain responsibility for the code as provided in this section.
  519  This publication shall be the official compilation of the
  520  administrative rules of this state. The Department of State
  521  shall retain the copyright over the Florida Administrative Code.
  522         2. Rules general in form but applicable to only one school
  523  district, community college district, or county, or a part
  524  thereof, or state university rules relating to internal
  525  personnel or business and finance shall not be published in the
  526  Florida Administrative Code. Exclusion from publication in the
  527  Florida Administrative Code shall not affect the validity or
  528  effectiveness of such rules.
  529         3. At the beginning of the section of the code dealing with
  530  an agency that files copies of its rules with the department,
  531  the department shall publish the address and telephone number of
  532  the executive offices of each agency, the manner by which the
  533  agency indexes its rules, a listing of all rules of that agency
  534  excluded from publication in the code, and a statement as to
  535  where those rules may be inspected.
  536         4. Forms shall not be published in the Florida
  537  Administrative Code; but any form which an agency uses in its
  538  dealings with the public, along with any accompanying
  539  instructions, shall be filed with the committee before it is
  540  used. Any form or instruction which meets the definition of
  541  “rule” provided in s. 120.52 shall be incorporated by reference
  542  into the appropriate rule. The reference shall specifically
  543  state that the form is being incorporated by reference and shall
  544  include the number, title, and effective date of the form and an
  545  explanation of how the form may be obtained. Each form created
  546  by an agency which is incorporated by reference in a rule notice
  547  of which is given under s. 120.54(3)(a) after December 31, 2007,
  548  must clearly display the number, title, and effective date of
  549  the form and the number of the rule in which the form is
  550  incorporated.
  551         Reviser’s note.—Amended to correct an apparent error
  552         and conform to context. Prior to the amendment of s.
  553         120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida,
  554         the reference to history notes was cited at s.
  555         120.545(9); s. 120.545(9) became s. 120.545(7) by s.
  556         7, ch. 2008-104; current s. 120.545(7) references
  557         history notes.
  558         Section 12. Effective July 1, 2010, paragraph (a) of
  559  subsection (1) of section 120.55, Florida Statutes, as amended
  560  by section 9 of chapter 2008-104, Laws of Florida, is amended to
  561  read:
  562         120.55 Publication.—
  563         (1) The Department of State shall:
  564         (a)1. Through a continuous revision system, compile and
  565  publish electronically, on an Internet website managed by the
  566  department, the “Florida Administrative Code.” The Florida
  567  Administrative Code shall contain all rules adopted by each
  568  agency, citing the grant of rulemaking authority and the
  569  specific law implemented pursuant to which each rule was
  570  adopted, all history notes as authorized in s. 120.545(7)
  571  120.545(8), complete indexes to all rules contained in the code,
  572  and any other material required or authorized by law or deemed
  573  useful by the department. The electronic code shall display each
  574  rule chapter currently in effect in browse mode and allow full
  575  text search of the code and each rule chapter. The department
  576  shall publish a printed version of the Florida Administrative
  577  Code and may contract with a publishing firm for such printed
  578  publication; however, the department shall retain responsibility
  579  for the code as provided in this section. Supplementation of the
  580  printed code shall be made as often as practicable, but at least
  581  monthly. The printed publication shall be the official
  582  compilation of the administrative rules of this state. The
  583  Department of State shall retain the copyright over the Florida
  584  Administrative Code.
  585         2. Rules general in form but applicable to only one school
  586  district, community college district, or county, or a part
  587  thereof, or state university rules relating to internal
  588  personnel or business and finance shall not be published in the
  589  Florida Administrative Code. Exclusion from publication in the
  590  Florida Administrative Code shall not affect the validity or
  591  effectiveness of such rules.
  592         3. At the beginning of the section of the code dealing with
  593  an agency that files copies of its rules with the department,
  594  the department shall publish the address and telephone number of
  595  the executive offices of each agency, the manner by which the
  596  agency indexes its rules, a listing of all rules of that agency
  597  excluded from publication in the code, and a statement as to
  598  where those rules may be inspected.
  599         4. Forms shall not be published in the Florida
  600  Administrative Code; but any form which an agency uses in its
  601  dealings with the public, along with any accompanying
  602  instructions, shall be filed with the committee before it is
  603  used. Any form or instruction which meets the definition of
  604  “rule” provided in s. 120.52 shall be incorporated by reference
  605  into the appropriate rule. The reference shall specifically
  606  state that the form is being incorporated by reference and shall
  607  include the number, title, and effective date of the form and an
  608  explanation of how the form may be obtained. Each form created
  609  by an agency which is incorporated by reference in a rule notice
  610  of which is given under s. 120.54(3)(a) after December 31, 2007,
  611  must clearly display the number, title, and effective date of
  612  the form and the number of the rule in which the form is
  613  incorporated.
  614         5. The department shall allow material incorporated by
  615  reference to be filed in electronic form as prescribed by
  616  department rule. When a rule is filed for adoption with
  617  incorporated material in electronic form, the department’s
  618  publication of the Florida Administrative Code on its Internet
  619  website must contain a hyperlink from the incorporating
  620  reference in the rule directly to that material. The department
  621  may not allow hyperlinks from rules in the Florida
  622  Administrative Code to any material other than that filed with
  623  and maintained by the department, but may allow hyperlinks to
  624  incorporated material maintained by the department from the
  625  adopting agency’s website or other sites.
  626         Reviser’s note.—Amended to correct an apparent error
  627         and conform to context. Prior to the amendment of s.
  628         120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida,
  629         the reference to history notes was cited at s.
  630         120.545(9); s. 120.545(9) became s. 120.545(7) by s.
  631         7, ch. 2008-104; current s. 120.545(7) references
  632         history notes.
  633         Section 13. Subsection (2) and paragraph (b) of subsection
  634  (3) of section 121.053, Florida Statutes, are amended to read:
  635         121.053 Participation in the Elected Officers’ Class for
  636  retired members.—
  637         (2) A retired member of the Florida Retirement System, or
  638  an existing system as defined in s. 121.021, who, beginning July
  639  1, 1990, through June 30, 2010, serves in an elective office
  640  covered by the Elected Officers’ Class shall be enrolled in the
  641  appropriate subclass of the Elected Officers’ Class of the
  642  Florida Retirement System, and applicable contributions shall be
  643  paid into the Florida Retirement System Trust Fund as provided
  644  in s. 121.052(7).
  645         (a) The member may continue to receive retirement benefits
  646  as well as compensation for the elected officer service if he or
  647  she remains in an elective office covered by the Elected
  648  Officers’ Class.
  649         (b) If the member serves in an elective office covered by
  650  the Elected Officers’ Class and becomes vested under that class,
  651  he or she is entitled to receive an additional retirement
  652  benefit for the elected officer service.
  653         (c) The member is entitled to purchase additional
  654  retirement credit in the Elected Officers’ Class for any
  655  postretirement service performed in an elected position eligible
  656  for the Elected Officers’ Class before July 1, 1990, or in the
  657  Regular Class for any postretirement service performed in any
  658  other regularly established position before July 1, 1991, by
  659  paying the applicable Elected Officers’ Class or Regular Class
  660  employee and employer contributions for the period being
  661  claimed, plus 4 percent interest compounded annually from the
  662  first year of service claimed until July 1, 1975, and 6.5
  663  percent interest compounded thereafter, until full payment is
  664  made to the Florida Retirement System Trust Fund. The
  665  contribution for postretirement Regular Class service between
  666  July 1, 1985, and July 1, 1991, for which the reemployed retiree
  667  contribution was paid, is the difference between the
  668  contribution and the total applicable contribution for the
  669  period being claimed, plus interest. The employer may pay the
  670  applicable employer contribution in lieu of the member. If a
  671  member does not wish to claim credit for all of the
  672  postretirement service for which he or she is eligible, the
  673  service the member claims must be the most recent service. Any
  674  retiree who served in an elective office before July 1, 1990,
  675  suspended his or her retirement benefits, and had his or her
  676  Florida Retirement System membership reinstated shall, upon
  677  retirement from such office, have his or her retirement benefit
  678  recalculated to include the additional service and compensation
  679  earned.
  680         (d) Creditable service for which credit was received, or
  681  which remained unclaimed, at retirement may not be claimed or
  682  applied toward service credit earned following renewed
  683  membership. However, service earned in accordance with the
  684  renewed membership provisions of s. 121.122 may be used in
  685  conjunction with creditable service earned under this
  686  subsection, if applicable vesting requirements and other
  687  existing statutory conditions required by this chapter are met.
  688  
  689  However, an officer electing to participate in the Deferred
  690  Retirement Option Program on or before June 30, 2002, is not
  691  required to terminate and remains subject to the provisions of
  692  this subsection paragraph as adopted in s. 1, chapter 2001-235,
  693  Laws of Florida.
  694         (3) On or after July 1, 2010:
  695         (b) An elected officer who is elected or appointed to an
  696  elective office and is participating in the Deferred Retirement
  697  Option Program is subject to termination as defined in s.
  698  121.021 upon completion of his or her DROP participation period.
  699  An elected official may defer termination as provided in
  700  subsection (7) paragraph (2)(e).
  701         Reviser’s note.—Subsection (2) is amended to confirm
  702         an editorial substitution made to conform to the
  703         compilation of the 2009 Florida Statutes. Paragraph
  704         (3)(b) is amended to correct an erroneous reference
  705         and conform to context; paragraph (2)(e) does not
  706         exist, and subsection (7) relates to deferral of
  707         termination for elected officials.
  708         Section 14. Paragraph (b) of subsection (1) of section
  709  121.081, Florida Statutes, is amended to read:
  710         121.081 Past service; prior service; contributions.
  711  Conditions under which past service or prior service may be
  712  claimed and credited are:
  713         (1)
  714         (b) Past service earned after January 1, 1975, may be
  715  claimed by officers or employees of a municipality, metropolitan
  716  planning organization, charter school, charter technical career
  717  center, or special district who become a covered group under
  718  this system. The governing body of a covered group may elect to
  719  provide benefits for to past service earned after January 1,
  720  1975, in accordance with this chapter, and the cost for such
  721  past service is established by applying the following formula:
  722  The employer shall contribute an amount equal to the
  723  contribution rate in effect at the time the service was earned,
  724  multiplied by the employee’s gross salary for each year of past
  725  service claimed, plus 6.5-percent interest thereon, compounded
  726  annually, figured on each year of past service, with interest
  727  compounded from date of annual salary earned until date of
  728  payment.
  729         Reviser’s note.—Amended to confirm an editorial
  730         deletion made to improve clarity and facilitate
  731         correct interpretation.
  732         Section 15. Paragraph (b) of subsection (9) and paragraph
  733  (a) of subsection (13) of section 121.091, Florida Statutes, are
  734  amended to read:
  735         121.091 Benefits payable under the system.—Benefits may not
  736  be paid under this section unless the member has terminated
  737  employment as provided in s. 121.021(39)(a) or begun
  738  participation in the Deferred Retirement Option Program as
  739  provided in subsection (13), and a proper application has been
  740  filed in the manner prescribed by the department. The department
  741  may cancel an application for retirement benefits when the
  742  member or beneficiary fails to timely provide the information
  743  and documents required by this chapter and the department’s
  744  rules. The department shall adopt rules establishing procedures
  745  for application for retirement benefits and for the cancellation
  746  of such application when the required information or documents
  747  are not received.
  748         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  749         (b) Any person whose retirement is effective before July 1,
  750  2010, or whose participation in the Deferred Retirement Option
  751  Program terminates before July 1, 2010, except under the
  752  disability retirement provisions of subsection (4) or as
  753  provided in s. 121.053, may be reemployed by an employer that
  754  participates in a state-administered retirement system and
  755  receive retirement benefits and compensation from that employer,
  756  except that the person may not be reemployed by an employer
  757  participating in the Florida Retirement System before meeting
  758  the definition of termination in s. 121.021 and may not receive
  759  both a salary from the employer and retirement benefits for 12
  760  calendar months immediately subsequent to the date of
  761  retirement. However, a DROP participant shall continue
  762  employment and receive a salary during the period of
  763  participation in the Deferred Retirement Option Program, as
  764  provided in subsection (13).
  765         1. A retiree who violates such reemployment limitation
  766  before completion of the 12-month limitation period must give
  767  timely notice of this fact in writing to the employer and to the
  768  Division of Retirement or the state board and shall have his or
  769  her retirement benefits suspended for the months employed or the
  770  balance of the 12-month limitation period as required in sub
  771  subparagraphs b. and c. A retiree employed in violation of this
  772  paragraph and an employer who employs or appoints such person
  773  are jointly and severally liable for reimbursement to the
  774  retirement trust fund, including the Florida Retirement System
  775  Trust Fund and the Public Employee Optional Retirement Program
  776  Trust Fund, from which the benefits were paid. The employer must
  777  have a written statement from the retiree that he or she is not
  778  retired from a state-administered retirement system. Retirement
  779  benefits shall remain suspended until repayment has been made.
  780  Benefits suspended beyond the reemployment limitation shall
  781  apply toward repayment of benefits received in violation of the
  782  reemployment limitation.
  783         a. A district school board may reemploy a retiree as a
  784  substitute or hourly teacher, education paraprofessional,
  785  transportation assistant, bus driver, or food service worker on
  786  a noncontractual basis after he or she has been retired for 1
  787  calendar month. A district school board may reemploy a retiree
  788  as instructional personnel, as defined in s. 1012.01(2)(a), on
  789  an annual contractual basis after he or she has been retired for
  790  1 calendar month. Any member who is reemployed within 1 calendar
  791  month after retirement shall void his or her application for
  792  retirement benefits. District school boards reemploying such
  793  teachers, education paraprofessionals, transportation
  794  assistants, bus drivers, or food service workers are subject to
  795  the retirement contribution required by subparagraph 2.
  796         b. A community college board of trustees may reemploy a
  797  retiree as an adjunct instructor or as a participant in a phased
  798  retirement program within the Florida Community College System,
  799  after he or she has been retired for 1 calendar month. A member
  800  who is reemployed within 1 calendar month after retirement shall
  801  void his or her application for retirement benefits. Boards of
  802  trustees reemploying such instructors are subject to the
  803  retirement contribution required in subparagraph 2. A retiree
  804  may be reemployed as an adjunct instructor for no more than 780
  805  hours during the first 12 months of retirement. A retiree
  806  reemployed for more than 780 hours during the first 12 months of
  807  retirement must give timely notice in writing to the employer
  808  and to the Division of Retirement or the state board of the date
  809  he or she will exceed the limitation. The division shall suspend
  810  his or her retirement benefits for the remainder of the 12
  811  months of retirement. Any retiree employed in violation of this
  812  sub-subparagraph and any employer who employs or appoints such
  813  person without notifying the division to suspend retirement
  814  benefits are jointly and severally liable for any benefits paid
  815  during the reemployment limitation period. The employer must
  816  have a written statement from the retiree that he or she is not
  817  retired from a state-administered retirement system. Any
  818  retirement benefits received by the retiree while reemployed in
  819  excess of 780 hours during the first 12 months of retirement
  820  must be repaid to the Florida Retirement System Trust Fund, and
  821  retirement benefits shall remain suspended until repayment is
  822  made. Benefits suspended beyond the end of the retiree’s first
  823  12 months of retirement shall apply toward repayment of benefits
  824  received in violation of the 780-hour reemployment limitation.
  825         c. The State University System may reemploy a retiree as an
  826  adjunct faculty member or as a participant in a phased
  827  retirement program within the State University System after the
  828  retiree has been retired for 1 calendar month. A member who is
  829  reemployed within 1 calendar month after retirement shall void
  830  his or her application for retirement benefits. The State
  831  University System is subject to the retired contribution
  832  required in subparagraph 2., as appropriate. A retiree may be
  833  reemployed as an adjunct faculty member or a participant in a
  834  phased retirement program for no more than 780 hours during the
  835  first 12 months of his or her retirement. A retiree reemployed
  836  for more than 780 hours during the first 12 months of retirement
  837  must give timely notice in writing to the employer and to the
  838  Division of Retirement or the state board of the date he or she
  839  will exceed the limitation. The division shall suspend his or
  840  her retirement benefits for the remainder of the 12 months. Any
  841  retiree employed in violation of this sub-subparagraph and any
  842  employer who employs or appoints such person without notifying
  843  the division to suspend retirement benefits are jointly and
  844  severally liable for any benefits paid during the reemployment
  845  limitation period. The employer must have a written statement
  846  from the retiree that he or she is not retired from a state
  847  administered retirement system. Any retirement benefits received
  848  by the retiree while reemployed in excess of 780 hours during
  849  the first 12 months of retirement must be repaid to the Florida
  850  Retirement System Trust Fund, and retirement benefits shall
  851  remain suspended until repayment is made. Benefits suspended
  852  beyond the end of the retiree’s first 12 months of retirement
  853  shall apply toward repayment of benefits received in violation
  854  of the 780-hour reemployment limitation.
  855         d. The Board of Trustees of the Florida School for the Deaf
  856  and the Blind may reemploy a retiree as a substitute teacher,
  857  substitute residential instructor, or substitute nurse on a
  858  noncontractual basis after he or she has been retired for 1
  859  calendar month. Any member who is reemployed within 1 calendar
  860  month after retirement shall void his or her application for
  861  retirement benefits. The Board of Trustees of the Florida School
  862  for the Deaf and the Blind reemploying such teachers,
  863  residential instructors, or nurses is subject to the retirement
  864  contribution required by subparagraph 2.
  865         e. A developmental research school may reemploy a retiree
  866  as a substitute or hourly teacher or an education
  867  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  868  basis after he or she has been retired for 1 calendar month. A
  869  developmental research school may reemploy a retiree as
  870  instructional personnel, as defined in s. 1012.01(2)(a), on an
  871  annual contractual basis after he or she has been retired for 1
  872  calendar month after retirement. Any member who is reemployed
  873  within 1 calendar month voids his or her application for
  874  retirement benefits. A developmental research school that
  875  reemploys retired teachers and education paraprofessionals is
  876  subject to the retirement contribution required by subparagraph
  877  2.
  878         f. A charter school may reemploy a retiree as a substitute
  879  or hourly teacher on a noncontractual basis after he or she has
  880  been retired for 1 calendar month. A charter school may reemploy
  881  a retired member as instructional personnel, as defined in s.
  882  1012.01(2)(a), on an annual contractual basis after he or she
  883  has been retired for 1 calendar month after retirement. Any
  884  member who is reemployed within 1 calendar month voids his or
  885  her application for retirement benefits. A charter school that
  886  reemploys such teachers is subject to the retirement
  887  contribution required by subparagraph 2.
  888         2. The employment of a retiree or DROP participant of a
  889  state-administered retirement system does not affect the average
  890  final compensation or years of creditable service of the retiree
  891  or DROP participant. Before July 1, 1991, upon employment of any
  892  person, other than an elected officer as provided in s. 121.053,
  893  who is retired under a state-administered retirement program,
  894  the employer shall pay retirement contributions in an amount
  895  equal to the unfunded actuarial liability portion of the
  896  employer contribution which would be required for regular
  897  members of the Florida Retirement System. Effective July 1,
  898  1991, contributions shall be made as provided in s. 121.122 for
  899  retirees who have renewed membership or, as provided in
  900  subsection (13), for DROP participants.
  901         3. Any person who is holding an elective public office
  902  which is covered by the Florida Retirement System and who is
  903  concurrently employed in nonelected covered employment may elect
  904  to retire while continuing employment in the elective public
  905  office if he or she terminates his or her nonelected covered
  906  employment. Such person shall receive his or her retirement
  907  benefits in addition to the compensation of the elective office
  908  without regard to the time limitations otherwise provided in
  909  this subsection. A person who seeks to exercise the provisions
  910  of this subparagraph as they existed before May 3, 1984, may not
  911  be deemed to be retired under those provisions, unless such
  912  person is eligible to retire under this subparagraph, as amended
  913  by chapter 84-11, Laws of Florida.
  914         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
  915  subject to this section, the Deferred Retirement Option Program,
  916  hereinafter referred to as DROP, is a program under which an
  917  eligible member of the Florida Retirement System may elect to
  918  participate, deferring receipt of retirement benefits while
  919  continuing employment with his or her Florida Retirement System
  920  employer. The deferred monthly benefits shall accrue in the
  921  Florida Retirement System on behalf of the participant, plus
  922  interest compounded monthly, for the specified period of the
  923  DROP participation, as provided in paragraph (c). Upon
  924  termination of employment, the participant shall receive the
  925  total DROP benefits and begin to receive the previously
  926  determined normal retirement benefits. Participation in the DROP
  927  does not guarantee employment for the specified period of DROP.
  928  Participation in DROP by an eligible member beyond the initial
  929  60-month period as authorized in this subsection shall be on an
  930  annual contractual basis for all participants.
  931         (a) Eligibility of member to participate in DROP.—All
  932  active Florida Retirement System members in a regularly
  933  established position, and all active members of the Teachers’
  934  Retirement System established in chapter 238 or the State and
  935  County Officers’ and Employees’ Retirement System established in
  936  chapter 122, which are consolidated within the Florida
  937  Retirement System under s. 121.011, are eligible to elect
  938  participation in DROP if:
  939         1. The member is not a renewed member under s. 121.122 or a
  940  member of the State Community College System Optional Retirement
  941  Program under s. 121.051, the Senior Management Service Optional
  942  Annuity Program under s. 121.055, or the optional retirement
  943  program for the State University System under s. 121.35.
  944         2. Except as provided in subparagraph 6., election to
  945  participate is made within 12 months immediately following the
  946  date on which the member first reaches normal retirement date,
  947  or, for a member who reaches normal retirement date based on
  948  service before he or she reaches age 62, or age 55 for Special
  949  Risk Class members, election to participate may be deferred to
  950  the 12 months immediately following the date the member attains
  951  age 57, or age 52 for Special Risk Class members. A member who
  952  delays DROP participation during the 12-month period immediately
  953  following his or her maximum DROP deferral date, except as
  954  provided in subparagraph 6., loses a month of DROP participation
  955  for each month delayed. A member who fails to make an election
  956  within the 12-month limitation period forfeits all rights to
  957  participate in DROP. The member shall advise his or her employer
  958  and the division in writing of the date DROP begins. The
  959  beginning date may be subsequent to the 12-month election period
  960  but must be within the original 60-month participation period
  961  provided in subparagraph (b)1. When establishing eligibility of
  962  the member to participate in DROP, the member may elect to
  963  include or exclude any optional service credit purchased by the
  964  member from the total service used to establish the normal
  965  retirement date. A member who has dual normal retirement dates
  966  is eligible to elect to participate in DROP after attaining
  967  normal retirement date in either class.
  968         3. The employer of a member electing to participate in
  969  DROP, or employers if dually employed, shall acknowledge in
  970  writing to the division the date the member’s participation in
  971  DROP begins and the date the member’s employment and DROP
  972  participation will terminate.
  973         4. Simultaneous employment of a participant by additional
  974  Florida Retirement System employers subsequent to the
  975  commencement of participation in DROP is permissible if such
  976  employers acknowledge in writing a DROP termination date no
  977  later than the participant’s existing termination date or the
  978  maximum participation period provided in subparagraph (b)1.
  979         5. A DROP participant may change employers while
  980  participating in DROP, subject to the following:
  981         a. A change of employment must take place without a break
  982  in service so that the member receives salary for each month of
  983  continuous DROP participation. If a member receives no salary
  984  during a month, DROP participation shall cease unless the
  985  employer verifies a continuation of the employment relationship
  986  for such participant pursuant to s. 121.021(39)(b).
  987         b. Such participant and new employer shall notify the
  988  division of the identity of the new employer on forms required
  989  by the division.
  990         c. The new employer shall acknowledge, in writing, the
  991  participant’s DROP termination date, which may be extended but
  992  not beyond the maximum participation period provided in
  993  subparagraph (b)1., shall acknowledge liability for any
  994  additional retirement contributions and interest required if the
  995  participant fails to timely terminate employment, and is subject
  996  to the adjustment required in sub-subparagraph (c)5.d.
  997         6. Effective July 1, 2001, for instructional personnel as
  998  defined in s. 1012.01(2), election to participate in DROP may be
  999  made at any time following the date on which the member first
 1000  reaches normal retirement date. The member shall advise his or
 1001  her employer and the division in writing of the date on which
 1002  DROP begins. When establishing eligibility of the member to
 1003  participate in DROP for the 60-month participation period
 1004  provided in subparagraph (b)1., the member may elect to include
 1005  or exclude any optional service credit purchased by the member
 1006  from the total service used to establish the normal retirement
 1007  date. A member who has dual normal retirement dates is eligible
 1008  to elect to participate in either class.
 1009         Reviser’s note.—Amended to confirm editorial
 1010         insertions made to improve clarity and facilitate
 1011         correct interpretation.
 1012         Section 16. Subsection (6) of section 163.31771, Florida
 1013  Statutes, is repealed.
 1014         Reviser’s note.—Repealed to delete a provision
 1015         relating to a report due January 1, 2007, on the
 1016         effectiveness of using accessory dwelling units to
 1017         address a local government’s shortage of affordable
 1018         housing.
 1019         Section 17. Paragraph (e) of subsection (15) of section
 1020  163.3180, Florida Statutes, is repealed, and paragraph (e) of
 1021  subsection (5) of that section is amended to read:
 1022         163.3180 Concurrency.—
 1023         (5)
 1024         (e) Before designating a concurrency exception area
 1025  pursuant to subparagraph (b)7. (b)6., the state land planning
 1026  agency and the Department of Transportation shall be consulted
 1027  by the local government to assess the impact that the proposed
 1028  exception area is expected to have on the adopted level-of
 1029  service standards established for regional transportation
 1030  facilities identified pursuant to s. 186.507, including the
 1031  Strategic Intermodal System and roadway facilities funded in
 1032  accordance with s. 339.2819. Further, the local government shall
 1033  provide a plan for the mitigation of impacts to the Strategic
 1034  Intermodal System, including, if appropriate, access management,
 1035  parallel reliever roads, transportation demand management, and
 1036  other measures.
 1037         Reviser’s note.—Paragraph (5)(e) is amended to confirm
 1038         an editorial substitution made to conform to context
 1039         and correct an apparent error. Paragraph (15)(e) is
 1040         repealed to delete a provision relating to a pilot
 1041         project to study the benefits of and barriers to
 1042         establishing a regional multimodal transportation
 1043         concurrency district and requiring the Department of
 1044         Transportation, in consultation with the state land
 1045         planning agency, to submit a report by March 1, 2009,
 1046         on the status of the pilot project.
 1047         Section 18. Subsection (8) of section 175.071, Florida
 1048  Statutes, is amended to read:
 1049         175.071 General powers and duties of board of trustees.—For
 1050  any municipality, special fire control district, chapter plan,
 1051  local law municipality, local law special fire control district,
 1052  or local law plan under this chapter:
 1053         (8) Notwithstanding paragraph (1)(b) and as provided in s.
 1054  215.473, the board of trustees must identify and publicly report
 1055  any direct or indirect holdings it may have in any scrutinized
 1056  company, as defined in that section, and proceed to sell,
 1057  redeem, divest, or withdraw all publicly traded securities it
 1058  may have in that company beginning January 1, 2010. The
 1059  divestiture of any such security must be completed by September
 1060  30, 2010. The board and its named officers or investment
 1061  advisors may not be deemed to have breached their fiduciary duty
 1062  in any action taken to dispose of any such security, and the
 1063  board shall have satisfactorily discharged the fiduciary duties
 1064  of loyalty, prudence, and sole and exclusive benefit to the
 1065  participants of the pension fund and their beneficiaries if the
 1066  actions it takes are consistent with the duties imposed by s.
 1067  215.473, and the manner of the disposition, if any, is
 1068  reasonable as to the means chosen. For the purposes of effecting
 1069  compliance with that section, the pension fund shall designate
 1070  terror-free plans that allocate their funds among securities not
 1071  subject to divestiture. No person may bring any civil, criminal,
 1072  or administrative action against the board of trustees or any
 1073  employee, officer, director, or advisor of such pension fund
 1074  based upon the divestiture of any security pursuant to this
 1075  subsection paragraph.
 1076         Reviser’s note.—Amended to confirm an editorial
 1077         substitution made to conform to context.
 1078         Section 19. Subsection (7) of section 185.06, Florida
 1079  Statutes, is amended to read:
 1080         185.06 General powers and duties of board of trustees.—For
 1081  any municipality, chapter plan, local law municipality, or local
 1082  law plan under this chapter:
 1083         (7) Notwithstanding paragraph (1)(b) and as provided in s.
 1084  215.473, the board of trustees must identify and publicly report
 1085  any direct or indirect holdings it may have in any scrutinized
 1086  company, as defined in that section, and proceed to sell,
 1087  redeem, divest, or withdraw all publicly traded securities it
 1088  may have in that company beginning January 1, 2010. The
 1089  divestiture of any such security must be completed by September
 1090  10, 2010. The board and its named officers or investment
 1091  advisors may not be deemed to have breached their fiduciary duty
 1092  in any action taken to dispose of any such security, and the
 1093  board shall have satisfactorily discharged the fiduciary duties
 1094  of loyalty, prudence, and sole and exclusive benefit to the
 1095  participants of the pension fund and their beneficiaries if the
 1096  actions it takes are consistent with the duties imposed by s.
 1097  215.473, and the manner of the disposition, if any, is
 1098  reasonable as to the means chosen. For the purposes of effecting
 1099  compliance with that section, the pension fund shall designate
 1100  terror-free plans that allocate their funds among securities not
 1101  subject to divestiture. No person may bring any civil, criminal,
 1102  or administrative action against the board of trustees or any
 1103  employee, officer, director, or advisor of such pension fund
 1104  based upon the divestiture of any security pursuant to this
 1105  subsection paragraph.
 1106         Reviser’s note.—Amended to confirm an editorial
 1107         substitution made to conform to context.
 1108         Section 20. Subsection (2) of section 192.001, Florida
 1109  Statutes, is amended to read:
 1110         192.001 Definitions.—All definitions set out in chapters 1
 1111  and 200 that are applicable to this chapter are included herein.
 1112  In addition, the following definitions shall apply in the
 1113  imposition of ad valorem taxes:
 1114         (2) “Assessed value of property” means an annual
 1115  determination of the just or fair market value of an item or
 1116  property or the value of the homestead property as limited
 1117  pursuant to s. 4(d) 4(c), Art. VII of the State Constitution or,
 1118  if a property is assessed solely on the basis of character or
 1119  use or at a specified percentage of its value, pursuant to s.
 1120  4(a) or 4(c) (b), Art. VII of the State Constitution, its
 1121  classified use value or fractional value.
 1122         Reviser’s note.—Amended to conform to the addition of
 1123         a new s. 4(b), Art. VII of the State Constitution
 1124         pursuant to adoption of the constitutional amendment
 1125         by the Taxation and Budget Reform Commission, Revision
 1126         No. 4, in 2008.
 1127         Section 21. Paragraph (a) of subsection (1) of section
 1128  192.0105, Florida Statutes, is amended to read:
 1129         192.0105 Taxpayer rights.—There is created a Florida
 1130  Taxpayer’s Bill of Rights for property taxes and assessments to
 1131  guarantee that the rights, privacy, and property of the
 1132  taxpayers of this state are adequately safeguarded and protected
 1133  during tax levy, assessment, collection, and enforcement
 1134  processes administered under the revenue laws of this state. The
 1135  Taxpayer’s Bill of Rights compiles, in one document, brief but
 1136  comprehensive statements that summarize the rights and
 1137  obligations of the property appraisers, tax collectors, clerks
 1138  of the court, local governing boards, the Department of Revenue,
 1139  and taxpayers. Additional rights afforded to payors of taxes and
 1140  assessments imposed under the revenue laws of this state are
 1141  provided in s. 213.015. The rights afforded taxpayers to assure
 1142  that their privacy and property are safeguarded and protected
 1143  during tax levy, assessment, and collection are available only
 1144  insofar as they are implemented in other parts of the Florida
 1145  Statutes or rules of the Department of Revenue. The rights so
 1146  guaranteed to state taxpayers in the Florida Statutes and the
 1147  departmental rules include:
 1148         (1) THE RIGHT TO KNOW.—
 1149         (a) The right to be mailed notice of proposed property
 1150  taxes and proposed or adopted non-ad valorem assessments (see
 1151  ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 200.069).
 1152  The notice must also inform the taxpayer that the final tax bill
 1153  may contain additional non-ad valorem assessments (see s.
 1154  200.069(9) 200.069(10)).
 1155         Reviser’s note.—Amended to conform to the
 1156         redesignation of s. 200.069(10) as s. 200.069(9) by s.
 1157         1, ch. 2009-165, Laws of Florida.
 1158         Section 22. Paragraph (a) of subsection (1) of section
 1159  193.1555, Florida Statutes, is amended to read:
 1160         193.1555 Assessment of certain residential and
 1161  nonresidential real property.—
 1162         (1) As used in this section, the term:
 1163         (a) “Nonresidential real property” means real property that
 1164  is not subject to the assessment limitations set forth in s.
 1165  4(a), (c), (d), or (g) 4(a)-(c) or s. 4(f), Art. VII of the
 1166  State Constitution.
 1167         Reviser’s note.—Amended to conform to the addition of
 1168         a new s. 4(b), Art. VII of the State Constitution
 1169         pursuant to adoption of the constitutional amendment
 1170         by the Taxation and Budget Reform Commission, Revision
 1171         No. 4, in 2008.
 1172         Section 23. Subsection (1) of section 193.503, Florida
 1173  Statutes, is amended to read:
 1174         193.503 Classification and assessment of historic property
 1175  used for commercial or certain nonprofit purposes.—
 1176         (1) Pursuant to s. 4(e) 4(d), Art. VII of the State
 1177  Constitution, the board of county commissioners of a county or
 1178  the governing authority of a municipality may adopt an ordinance
 1179  providing for assessment of historic property used for
 1180  commercial or certain nonprofit purposes as described in this
 1181  section solely on the basis of character or use as provided in
 1182  this section. Such character or use assessment shall apply only
 1183  to the jurisdiction adopting the ordinance. The board of county
 1184  commissioners or municipal governing authority shall notify the
 1185  property appraiser of the adoption of such ordinance no later
 1186  than December 1 of the year prior to the year such assessment
 1187  will take effect. If such assessment is granted only for a
 1188  specified period or the ordinance is repealed, the board of
 1189  county commissioners or municipal governing authority shall
 1190  notify the property appraiser no later than December 1 of the
 1191  year prior to the year the assessment expires.
 1192         Reviser’s note.—Amended to conform to the addition of
 1193         a new s. 4(b), Art. VII of the State Constitution
 1194         pursuant to adoption of the constitutional amendment
 1195         by the Taxation and Budget Reform Commission, Revision
 1196         No. 4, in 2008.
 1197         Section 24. Subsection (1) of section 193.703, Florida
 1198  Statutes, is amended to read:
 1199         193.703 Reduction in assessment for living quarters of
 1200  parents or grandparents.—
 1201         (1) In accordance with s. 4(f) 4(e), Art. VII of the State
 1202  Constitution, a county may provide for a reduction in the
 1203  assessed value of homestead property which results from the
 1204  construction or reconstruction of the property for the purpose
 1205  of providing living quarters for one or more natural or adoptive
 1206  parents or grandparents of the owner of the property or of the
 1207  owner’s spouse if at least one of the parents or grandparents
 1208  for whom the living quarters are provided is at least 62 years
 1209  of age.
 1210         Reviser’s note.—Amended to conform to the addition of
 1211         a new s. 4(b), Art. VII of the State Constitution
 1212         pursuant to adoption of the constitutional amendment
 1213         by the Taxation and Budget Reform Commission, Revision
 1214         No. 4, in 2008.
 1215         Section 25. Paragraph (c) of subsection (9) of section
 1216  196.011, Florida Statutes, is amended to read:
 1217         196.011 Annual application required for exemption.—
 1218         (9)
 1219         (c) A county may, at the request of the property appraiser
 1220  and by a majority vote of its governing body, waive the
 1221  requirement that an annual application be made for the veteran’s
 1222  disability discount granted pursuant to s. 6(e) 6(g), Art. VII
 1223  of the State Constitution after an initial application is made
 1224  and the discount granted. The disabled veteran receiving a
 1225  discount for which annual application has been waived shall
 1226  notify the property appraiser promptly whenever the use of the
 1227  property or the percentage of disability to which the veteran is
 1228  entitled changes. If a disabled veteran fails to notify the
 1229  property appraiser and the property appraiser determines that
 1230  for any year within the prior 10 years the veteran was not
 1231  entitled to receive all or a portion of such discount, the
 1232  penalties and processes in paragraph (a) relating to the failure
 1233  to notify the property appraiser of ineligibility for an
 1234  exemption shall apply.
 1235         Reviser’s note.—Amended to conform to the deletion of
 1236         former s. 6(c) and (d), Art. VII of the State
 1237         Constitution pursuant to adoption of the
 1238         constitutional amendment by C.S. for S.J.R. 2-D (2007)
 1239         in 2008.
 1240         Section 26. Subsection (2) of section 196.075, Florida
 1241  Statutes, is amended to read:
 1242         196.075 Additional homestead exemption for persons 65 and
 1243  older.—
 1244         (2) In accordance with s. 6(d) 6(f), Art. VII of the State
 1245  Constitution, the board of county commissioners of any county or
 1246  the governing authority of any municipality may adopt an
 1247  ordinance to allow an additional homestead exemption of up to
 1248  $50,000 for any person who has the legal or equitable title to
 1249  real estate and maintains thereon the permanent residence of the
 1250  owner, who has attained age 65, and whose household income does
 1251  not exceed $20,000.
 1252         Reviser’s note.—Amended to conform to the deletion of
 1253         former s. 6(c) and (d), Art. VII of the State
 1254         Constitution pursuant to adoption of the
 1255         constitutional amendment by C.S. for S.J.R. 2-D (2007)
 1256         in 2008.
 1257         Section 27. Subsection (7) of section 196.1975, Florida
 1258  Statutes, is amended to read:
 1259         196.1975 Exemption for property used by nonprofit homes for
 1260  the aged.—Nonprofit homes for the aged are exempt to the extent
 1261  that they meet the following criteria:
 1262         (7) It is declared to be the intent of the Legislature that
 1263  subsection (3) implements the ad valorem tax exemption
 1264  authorized in the third sentence of s. 3(a), Art. VII, State
 1265  Constitution, and the remaining subsections implement s. 6(c)
 1266  6(e), Art. VII, State Constitution, for purposes of granting
 1267  such exemption to homes for the aged.
 1268         Reviser’s note.—Amended to conform to the deletion of
 1269         former s. 6(c) and (d), Art. VII of the State
 1270         Constitution pursuant to adoption of the
 1271         constitutional amendment by C.S. for S.J.R. 2-D (2007)
 1272         in 2008.
 1273         Section 28. Subsection (5) of section 196.1977, Florida
 1274  Statutes, is amended to read:
 1275         196.1977 Exemption for property used by proprietary
 1276  continuing care facilities.—
 1277         (5) It is the intent of the Legislature that this section
 1278  implements s. 6(c) 6(e), Art. VII of the State Constitution.
 1279         Reviser’s note.—Amended to conform to the deletion of
 1280         former s. 6(c) and (d), Art. VII of the State
 1281         Constitution pursuant to adoption of the
 1282         constitutional amendment by C.S. for S.J.R. 2-D (2007)
 1283         in 2008.
 1284         Section 29. Subsection (5) of section 197.402, Florida
 1285  Statutes, is repealed.
 1286         Reviser’s note.—Repeals material requiring Lake,
 1287         Marion, Seminole, and Sumter Counties to enter into a
 1288         2-year pilot program regarding advertising and payment
 1289         of delinquent property taxes and, by October 1, 2007,
 1290         each county’s tax collector to submit a report to the
 1291         President of the Senate and the Speaker of the House
 1292         of Representatives.
 1293         Section 30. Paragraph (a) of subsection (2), paragraph (f)
 1294  of subsection (4), and paragraph (b) of subsection (10) of
 1295  section 200.069, Florida Statutes, are amended to read:
 1296         200.069 Notice of proposed property taxes and non-ad
 1297  valorem assessments.—Pursuant to s. 200.065(2)(b), the property
 1298  appraiser, in the name of the taxing authorities and local
 1299  governing boards levying non-ad valorem assessments within his
 1300  or her jurisdiction and at the expense of the county, shall
 1301  prepare and deliver by first-class mail to each taxpayer to be
 1302  listed on the current year’s assessment roll a notice of
 1303  proposed property taxes, which notice shall contain the elements
 1304  and use the format provided in the following form.
 1305  Notwithstanding the provisions of s. 195.022, no county officer
 1306  shall use a form other than that provided herein. The Department
 1307  of Revenue may adjust the spacing and placement on the form of
 1308  the elements listed in this section as it considers necessary
 1309  based on changes in conditions necessitated by various taxing
 1310  authorities. If the elements are in the order listed, the
 1311  placement of the listed columns may be varied at the discretion
 1312  and expense of the property appraiser, and the property
 1313  appraiser may use printing technology and devices to complete
 1314  the form, the spacing, and the placement of the information in
 1315  the columns. A county officer may use a form other than that
 1316  provided by the department for purposes of this part, but only
 1317  if his or her office pays the related expenses and he or she
 1318  obtains prior written permission from the executive director of
 1319  the department; however, a county officer may not use a form the
 1320  substantive content of which is at variance with the form
 1321  prescribed by the department. The county officer may continue to
 1322  use such an approved form until the law that specifies the form
 1323  is amended or repealed or until the officer receives written
 1324  disapproval from the executive director.
 1325         (2)(a) The notice shall include a brief legal description
 1326  of the property, the name and mailing address of the owner of
 1327  record, and the tax information applicable to the specific
 1328  parcel in question. The information shall be in columnar form.
 1329  There shall be seven column headings which shall read: “Taxing
 1330  Authority,” “Your Property Taxes Last Year,” “Last Year’s
 1331  Adjusted Tax Rate (Millage),” “Your Taxes This Year IF NO Budget
 1332  Change Is Adopted,” “Tax Rate This Year IF PROPOSED Budget Is
 1333  Adopted (Millage),” “Your Taxes This Year IF PROPOSED Budget
 1334  Change Is Adopted,” and “A Public Hearing on the Proposed Taxes
 1335  and Budget Will Be Held:.”
 1336         (4) For each entry listed in subsection (3), there shall
 1337  appear on the notice the following:
 1338         (f) In the sixth column, the gross amount of ad valorem
 1339  taxes that must be levied in the current year if the proposed
 1340  budget is adopted.
 1341         (10)
 1342         (b) If the notice includes all adopted non-ad valorem
 1343  assessments, the provisions contained in subsection (9) (10)
 1344  shall not be placed on the notice.
 1345         Reviser’s note.—Paragraphs (2)(a) and (4)(f) are
 1346         amended to confirm editorial insertions made to
 1347         improve clarity and facilitate correct interpretation.
 1348         Paragraph (10)(b) is amended to conform to the
 1349         redesignation of former subsection (10) as subsection
 1350         (9) by s. 1, ch. 2009-165, Laws of Florida.
 1351         Section 31. Subsection (1) of section 210.1801, Florida
 1352  Statutes, is amended to read:
 1353         210.1801 Exempt cigarettes for members of recognized Indian
 1354  tribes.—
 1355         (1) Notwithstanding any provision of this chapter to the
 1356  contrary, a member of an Indian tribe recognized in this state
 1357  who purchases cigarettes on an Indian reservation for his or her
 1358  own use is exempt from paying a cigarette tax and surcharge.
 1359  However, such member purchasing cigarettes outside of an Indian
 1360  reservation or a nontribal member purchasing cigarettes on an
 1361  Indian reservation is not exempt from paying the cigarette tax
 1362  or surcharge when purchasing cigarettes within this state.
 1363  Accordingly, the tax and surcharge shall apply to all cigarettes
 1364  sold on an Indian reservation to a nontribal member, and
 1365  evidence of such tax or surcharge shall be by means of an
 1366  affixed cigarette tax and surcharge stamp.
 1367         Reviser’s note.—Amended to confirm an editorial
 1368         insertion made to improve clarity.
 1369         Section 32. Subsection (2) of section 211.06, Florida
 1370  Statutes, is amended to read:
 1371         211.06 Oil and Gas Tax Trust Fund; distribution of tax
 1372  proceeds.—All taxes, interest, and penalties imposed under this
 1373  part shall be collected by the department and placed in a
 1374  special fund designated the “Oil and Gas Tax Trust Fund.”
 1375         (2) Beginning July 1, 1995, the remaining proceeds in the
 1376  Oil and Gas Tax Trust Fund shall be distributed monthly by the
 1377  department and shall be paid into the State Treasury as follows:
 1378         (a) To the credit of the General Revenue Fund of the state:
 1379         1. Seventy-five percent of the proceeds from the oil
 1380  production tax imposed under s. 211.02(1)(c) 211.02(1)(b).
 1381         2. Sixty-seven and one-half percent of the proceeds from
 1382  the tax on small well oil and tertiary oil imposed under s.
 1383  211.02(1)(a).
 1384         3. Sixty-seven and one-half percent of the proceeds from
 1385  the tax on gas imposed under s. 211.025.
 1386         4. Sixty-seven and one-half percent of the proceeds of the
 1387  tax on sulfur imposed under s. 211.026.
 1388         (b) To the credit of the general revenue fund of the board
 1389  of county commissioners of the county where produced, subject to
 1390  the service charge imposed under chapter 215:
 1391         1. Twelve and one-half percent of the proceeds from the tax
 1392  on oil imposed under s. 211.02(1)(c) 211.02(1)(b).
 1393         2. Twenty percent of the proceeds from the tax on small
 1394  well oil and tertiary oil imposed under s. 211.02(1)(a).
 1395         3. Twenty percent of the proceeds from the tax on gas
 1396  imposed under s. 211.025.
 1397         4. Twenty percent of the proceeds from the tax on sulfur
 1398  imposed under s. 211.026.
 1399         (c) To the credit of the Minerals Trust Fund:
 1400         1. Twelve and one-half percent of the proceeds from the tax
 1401  on oil imposed under s. 211.02(1)(c) 211.02(1)(b).
 1402         2. Twelve and one-half percent of the proceeds from the tax
 1403  on small well and tertiary oil imposed under s. 211.02(1)(a).
 1404         3. Twelve and one-half percent of the proceeds from the tax
 1405  on gas imposed under s. 211.025.
 1406         4. Twelve and one-half percent of the proceeds from the tax
 1407  on sulfur imposed under s. 211.026.
 1408         Reviser’s note.—Amended to conform to the
 1409         redesignation of s. 211.02(1)(b) as s. 211.02(1)(c) by
 1410         s. 1, ch. 2009-139, Laws of Florida.
 1411         Section 33. Paragraph (c) of subsection (1) of section
 1412  212.098, Florida Statutes, is amended to read:
 1413         212.098 Rural Job Tax Credit Program.—
 1414         (1) As used in this section, the term:
 1415         (c) “Qualified area” means any area that is contained
 1416  within a rural area of critical economic concern designated
 1417  under s. 288.0656, a county that has a population of fewer than
 1418  75,000 persons, or a county that has a population of 125,000 or
 1419  less and is contiguous to a county that has a population of less
 1420  than 75,000, selected in the following manner: every third year,
 1421  the Office of Tourism, Trade, and Economic Development shall
 1422  rank and tier the state’s counties according to the following
 1423  four factors:
 1424         1. Highest unemployment rate for the most recent 36-month
 1425  period.
 1426         2. Lowest per capita income for the most recent 36-month
 1427  period.
 1428         3. Highest percentage of residents whose incomes are below
 1429  the poverty level, based upon the most recent data available.
 1430         4. Average weekly manufacturing wage, based upon the most
 1431  recent data available.
 1432         Reviser’s note.—Amended to confirm an editorial
 1433         insertion made to improve clarity and facilitate
 1434         correct interpretation.
 1435         Section 34. Subsections (1) and (2) of section 215.211,
 1436  Florida Statutes, are amended to read:
 1437         215.211 Service charge; elimination or reduction for
 1438  specified proceeds.—
 1439         (1) Notwithstanding the provisions of s. 215.20(1) and
 1440  former s. 215.20(3) (3), the service charge provided in s.
 1441  215.20(1) and former s. 215.20(3) (3), which is deducted from
 1442  the proceeds of the taxes distributed under ss. 206.606(1),
 1443  207.026, 212.0501(6), and 319.32(5), shall be eliminated
 1444  beginning July 1, 2000.
 1445         (2) Notwithstanding the provisions of s. 215.20(1) and
 1446  former s. 215.20(3) (3), the service charge provided in s.
 1447  215.20(1) and former s. 215.20(3) (3), which is deducted from
 1448  the proceeds of the taxes distributed under ss. 206.608 and
 1449  320.072(4), shall be eliminated beginning July 1, 2001.
 1450         Reviser’s note.—Amended to conform to the repeal of
 1451         former s. 215.20(3) by s. 1, ch. 2009-78, Laws of
 1452         Florida.
 1453         Section 35. Subsections (15A), (15B), (16), and (17) of
 1454  section 238.07, Florida Statutes, as carried forward from the
 1455  2008 Florida Statutes, are redesignated as subsections (16),
 1456  (17), (18), and (19) of that section and amended to read:
 1457         238.07 Regular benefits; survivor benefits.—
 1458         (16)(15A)(a) Any member of the Teachers’ Retirement System
 1459  who has heretofore, or who hereafter, retires with no less than
 1460  10 years of creditable service and who has passed his or her
 1461  65th birthday, may, upon application to the department, have his
 1462  or her retirement allowance redetermined and thereupon shall be
 1463  entitled to a monthly service retirement allowance which shall
 1464  be equal to $4 multiplied by the number of years of the member’s
 1465  creditable service which shall be payable monthly during his or
 1466  her retirement; provided, that the amount of retirement
 1467  allowance as determined hereunder, shall be reduced by an amount
 1468  equal to:
 1469         1. Any social security benefits received by the member, and
 1470         2. Any social security benefits that the member is eligible
 1471  to receive by reason of his or her own right or through his or
 1472  her spouse.
 1473         (b) No payment shall be made to a member of the Teachers’
 1474  Retirement System under this act, until the department has
 1475  determined the social security status of such member.
 1476         (c) Eligibility of a member of the Teachers’ Retirement
 1477  System shall be determined under the social security laws and
 1478  regulations; provided, however, that a member shall be
 1479  considered eligible if the member or the member’s spouse has
 1480  reached 65 years of age and would draw social security if the
 1481  member or the member’s spouse were not engaged in activity that
 1482  results in the member or the member’s spouse receiving income
 1483  that would make him or her ineligible to receive social security
 1484  benefits. A member of the Teachers’ Retirement System shall be
 1485  deemed to be eligible for social security benefits if the member
 1486  has this eligibility in his or her own right or through his or
 1487  her spouse.
 1488         (d) The department shall review, at least annually, the
 1489  social security status of all members of the Teachers’
 1490  Retirement System receiving payment under this act and shall
 1491  increase or decrease payments to such members as shall be
 1492  necessary to carry out the intent of this act.
 1493         (e) No member of the Teachers’ Retirement System shall have
 1494  his or her retirement allowance reduced or any of his or her
 1495  rights impaired by reason of this act.
 1496         (f) This subsection shall take effect on January 1, 1962.
 1497         (17)(15B) If the member recovers from disability, has his
 1498  or her disability benefit terminated, reenters covered
 1499  employment, and is continuously employed for a minimum of 1 year
 1500  of creditable service, he or she may claim as creditable service
 1501  the months during which he or she was receiving a disability
 1502  benefit, upon payment of the required contributions.
 1503  Contributions shall equal the total required employee and
 1504  employer contribution rate during the period the retiree
 1505  received retirement benefits, multiplied times his or her rate
 1506  of monthly compensation prior to the commencement of disability
 1507  retirement for each month of the period claimed, plus 4 percent
 1508  interest until July 1, 1975, and 6.5 percent interest thereafter
 1509  on such contributions, compounded annually each June 30 to the
 1510  date of payment. If the member does not claim credit for all of
 1511  the months he or she received disability benefits, the months
 1512  claimed must be his or her most recent months of retirement.
 1513         (18)(16)(a) Definitions under survivor benefits are:
 1514         1. A dependent is a child, widow, widower, or parent of the
 1515  deceased member who was receiving not less than one-half of his
 1516  or her support from the deceased member at the time of the death
 1517  of such member.
 1518         2. A child is a natural or legally adopted child of a
 1519  member, who:
 1520         a. Is under 18 years of age, or
 1521         b. Is over 18 years of age but not over 22 years of age and
 1522  is enrolled as a student in an accredited educational
 1523  institution, or
 1524         c. Is 18 years of age or older and is physically or
 1525  mentally incapable of self-support, when such mental and
 1526  physical incapacity occurred prior to such child obtaining the
 1527  age of 18 years. Such person shall cease to be regarded as a
 1528  child upon the termination of such physical or mental
 1529  disability. The determination as to such physical or mental
 1530  incapability shall be vested in the department.
 1531  
 1532  No person shall be considered a child who has married or, except
 1533  as provided in sub-subparagraph 2.b. or as to a child who is
 1534  physically or mentally incapable of self-support as hereinbefore
 1535  set forth, has become 18 years of age.
 1536         3. A parent is a natural parent of a member and includes a
 1537  lawful spouse of a natural parent.
 1538         4. A beneficiary is a person who is entitled to benefits
 1539  under this subsection by reason of his or her relation to a
 1540  deceased member during the lifetime of such member.
 1541         (b) In addition to all other benefits to which a member
 1542  shall, subject to the conditions set out below, be entitled, the
 1543  beneficiary of such member shall, upon the death of such member,
 1544  receive the following benefits:
 1545  
 1546  Minimum period of paid service of member in Florida as regular full-time teacherBeneficiaries of deceased memberBenefits               
 1547  1. One calendar day    Widow or widower who has care of dependent child or children of deceased member.$190 per month for one child. $250 per month if more than one child, maximum benefits $250 per month.
 1548  2. One calendar day    One or more dependent children if there is no surviving widow or widower.$190 per month per child; maximum benefits $250 per month if more than one child.
 1549  3. One calendar day    Dependent parents 65 years or older.For each parent, $100 per month for life.
 1550  4. One calendar day    Designated beneficiary and, if no designated beneficiary, then the executor or administrator of deceased member.$500 lump-sum death benefits payable only once.
 1551  5. One calendar day    Dependent widow or widower 50 years of age and less than 65 years of age.$150 per month for life.
 1552  6. Ten years           Widow or widower 65 years of age or older.$175 per month for life.
 1553  7. Retired member      Designated beneficiary and if no designated beneficiary, then the executor or administrator of deceased retired member.$500 lump-sum death benefits payable only once.
 1554  
 1555  Beginning on July 1, 1971, the lump-sum death benefit, provided
 1556  in item 7 above for the retired teacher, shall apply to all
 1557  present and future retirees of the systems.
 1558         (c) The payment of survivor benefits shall begin as of the
 1559  month immediately following the death of the member except where
 1560  the beneficiary has not reached the age required to receive
 1561  benefits under paragraph (b), in which event the payment of
 1562  survivor benefits shall begin as of the month immediately
 1563  following the month in which the beneficiary reaches the
 1564  required age. Provided that if death occurs during the first 3
 1565  years of employment, the payment of survivor benefits shall be
 1566  reduced by the amount of monthly benefits the member’s survivors
 1567  are entitled to receive under federal social security as either
 1568  a survivor of the member or as a covered worker under federal
 1569  social security.
 1570         (d) Limitations on rights of beneficiary are:
 1571         1. The person named as beneficiary in paragraph (b) shall,
 1572  in no event, be entitled to receive the benefits set out in such
 1573  paragraph unless the death of the member under whom such
 1574  beneficiary claims occurs within the period of time after the
 1575  member has served in Florida as follows:
 1576  
 1577  Minimum number of yearsof service in FloridaPeriod after serving in Floridain which death of member occurs
 1578  3 to 5 .......                                               2 years
 1579  6 to 9 .......                                               5 years
 1580  10 or more .......                                          10 years
 1581  
 1582         2. Upon the death of a member, the department shall make a
 1583  determination of the beneficiary or beneficiaries of the
 1584  deceased member and shall pay survivor benefits to such
 1585  beneficiary or beneficiaries beginning 1 month immediately
 1586  following the death of the member except where the beneficiary
 1587  has not reached the age required to receive benefits under
 1588  paragraph (b), in which event the payment of survivor benefits
 1589  shall begin as of the month immediately following the month in
 1590  which the beneficiary reaches the required age. When required by
 1591  the department, the beneficiary or beneficiaries shall file an
 1592  application for survivor benefits upon forms prescribed by the
 1593  department.
 1594         3. The beneficiaries of a member to receive survivor
 1595  benefits are fixed by this subsection, and a member may not buy
 1596  or otherwise change such benefits. He or she may, however,
 1597  designate the beneficiary to receive the $500 death benefits. If
 1598  a member fails to make this designation, the $500 death benefits
 1599  shall be paid to his or her executor or administrator.
 1600         4. The beneficiary or beneficiaries of a member whose death
 1601  occurs while he or she is in service or while he or she is
 1602  receiving a disability allowance under subsection (11), shall
 1603  receive survivor benefits under this subsection determined by
 1604  the years of service in Florida of the deceased member as set
 1605  out in paragraph (b). The requirement that the death of a member
 1606  must occur within a certain period of time after service in
 1607  Florida as set out in subparagraph (d)1. shall not apply to a
 1608  member receiving a disability benefit at the time of his or her
 1609  death.
 1610         (19)(17) Any person who hereafter elects to receive
 1611  retirement benefits under s. 112.05 shall not be entitled to the
 1612  retirement benefits of this chapter except for the refund of his
 1613  or her accumulated contributions as provided in subsection (13);
 1614  likewise any person who elects to receive retirement benefits
 1615  under this chapter shall thereby become ineligible to receive
 1616  retirement benefits under s. 112.05.
 1617         Reviser’s note.—Amended to confirm the editorial
 1618         redesignation of subsections (15A) and (15B) as
 1619         subsections (16) and (17), which necessitated the
 1620         redesignation of subsections (16) and (17) as
 1621         subsections (18) and (19).
 1622         Section 36. Section 238.071, Florida Statutes, is amended
 1623  to read:
 1624         238.071 Social security benefits; determination of
 1625  retirement allowance.—Any member of the Teachers’ Retirement
 1626  System who has heretofore or who hereafter retires and has his
 1627  or her retirement allowance redetermined under the provisions of
 1628  s. 238.07(16) 238.07(15A), shall not after July 1, 1969, have
 1629  the amount of the redetermined retirement allowance reduced
 1630  because of social security benefits received by the member or
 1631  his or her spouse.
 1632         Reviser’s note.—Amended to confirm an editorial
 1633         substitution made to conform to the editorial
 1634         redesignation of s. 238.07(15A) as s. 238.07(16).
 1635         Section 37. Paragraphs (a) and (d) of subsection (5) of
 1636  section 238.09, Florida Statutes, are amended to read:
 1637         238.09 Method of financing.—All of the assets of the
 1638  retirement system shall be credited, according to the purposes
 1639  for which they are held, to one of four funds; namely, the
 1640  Annuity Savings Trust Fund, the Pension Accumulation Trust Fund,
 1641  the Expense Trust Fund, and the Survivors’ Benefit Trust Fund.
 1642         (5)(a) The survivors’ benefit fund shall be the fund in
 1643  which shall be accumulated all reserves for the payment of all
 1644  survivor benefits provided for in s. 238.07(18) 238.07(16),
 1645  except refund of accumulated contributions. There shall be paid
 1646  into this fund:
 1647         1. All contributions by members based on the rate of
 1648  twenty-five-hundredths percent of their salary as set out in
 1649  paragraph (b) of this subsection.
 1650         2. All contributions by the state to the Survivors’ Benefit
 1651  Trust Fund.
 1652         3. All transfers from other funds as required by this
 1653  subsection.
 1654         (d) A member who makes contributions to the Survivors’
 1655  Benefit Trust Fund shall not thereby obtain, prior to July 1,
 1656  1959, any vested interest or right to the benefits under s.
 1657  238.07(18) 238.07(16), and these benefits may be altered,
 1658  changed or repealed by the Legislature at its 1959 session,
 1659  provided that the beneficiaries of members whose deaths occur
 1660  prior to July 1, 1959, shall have a vested interest in the
 1661  benefits accruing to such beneficiaries under s. 238.07(18)
 1662  238.07(16), and these rights may not be altered, changed nor
 1663  repealed by the Legislature.
 1664         Reviser’s note.—Amended to confirm editorial
 1665         substitutions made to conform to the editorial
 1666         redesignation of s. 238.07(15A) and (15B) as s.
 1667         238.07(16) and (17), which necessitated the
 1668         redesignation of s. 238.07(16) as s. 238.07(18).
 1669         Section 38. Subsection (2) of section 255.043, Florida
 1670  Statutes, is amended to read:
 1671         255.043 Art in state buildings.—
 1672         (2) The Department of Management Services or other state
 1673  agencies receiving appropriations for original constructions
 1674  shall notify the Florida Arts Council on Arts and Culture and
 1675  the user agency of any construction project which is eligible
 1676  under the provisions of this section. The Department of
 1677  Management Services or other state agency shall determine the
 1678  amount to be made available for purchase or commission of works
 1679  of art for each project and shall report these amounts to the
 1680  Florida Arts Council on Arts and Culture and the user agency.
 1681  Payments therefor shall be made from funds appropriated for
 1682  fixed capital outlay according to law.
 1683         Reviser’s note.—Amended to conform to the council’s
 1684         name change by s. 7, ch. 2009-72, Laws of Florida.
 1685         Section 39. Subsection (2) of section 260.019, Florida
 1686  Statutes, is amended to read:
 1687         260.019 Florida Circumnavigation Saltwater Paddling Trail.—
 1688         (2) The department shall establish the initial starting and
 1689  ending points by latitude and longitude for the trail segments
 1690  described in subsection (3) within 180 days after the effective
 1691  date of this act. Except for the Big Bend Historic Saltwater
 1692  Paddling Trail, segment 6, the department has the exclusive
 1693  authority to officially name and locate the remaining 25 trail
 1694  segments. The department shall name and locate the segments
 1695  based on logical geographical boundaries, safety to trail users,
 1696  ease of management, desires of local communities and user
 1697  groups, and other factors that assist in the overall success of
 1698  the trail system. The department may adjust the location of any
 1699  trail segment; give official recognition to specific sites along
 1700  the trail route; publish official trail guides and literature in
 1701  cooperation with other governmental and private entities; and
 1702  resolve conflicts that may arise between competing and
 1703  conflicting parties over trail issues. The Florida Greenways and
 1704  Trails Council may advise the department on all matters relating
 1705  to the paddling trail. By January 1, 2008, the department shall
 1706  prepare and submit a report setting forth the names and
 1707  locations adopted for each trail segment to the Governor, the
 1708  President of the Senate, and the Speaker of the House of
 1709  Representatives.
 1710         Reviser’s note.—Amended to delete an obsolete
 1711         provision.
 1712         Section 40. Paragraph (a) of subsection (2) and subsection
 1713  (3) of section 265.2865, Florida Statutes, are amended to read:
 1714         265.2865 Florida Artists Hall of Fame.—
 1715         (2)(a) There is hereby created the Florida Artists Hall of
 1716  Fame. The Florida Arts Council on Arts and Culture shall
 1717  identify an appropriate location in the public area of a
 1718  building in the Capitol Center that is under the jurisdiction of
 1719  the Department of Management Services, which location shall be
 1720  set aside by the department and designated as the Florida
 1721  Artists Hall of Fame.
 1722         (3) The Florida Arts Council on Arts and Culture shall
 1723  accept nominations annually for persons to be recommended as
 1724  members of the Florida Artists Hall of Fame. The council shall
 1725  recommend to the Secretary of State persons to be named as
 1726  members of the Florida Artists Hall of Fame. The council shall
 1727  recommend as members of the Florida Artists Hall of Fame persons
 1728  who were born in Florida or adopted Florida as their home state
 1729  and base of operation and who have made a significant
 1730  contribution to the enhancement of the arts in this state.
 1731         Reviser’s note.—Amended to conform to the council’s
 1732         name change by s. 7, ch. 2009-72, Laws of Florida.
 1733         Section 41. Paragraph (f) of subsection (7) of section
 1734  265.32, Florida Statutes, is amended to read:
 1735         265.32 County fine arts council.—
 1736         (7) COUNCIL MEETINGS; PUBLIC HEARINGS; COMMITTEES AND
 1737  ADVISERS; REPORTS; RULES.—
 1738         (f) The county arts council may, from time to time and at
 1739  any time, submit to the Florida Arts Council on Arts and Culture
 1740  a report summarizing its activities and setting forth any
 1741  recommendations it considers appropriate, including
 1742  recommendations with respect to present or proposed legislation
 1743  concerning state encouragement and support of the arts.
 1744         Reviser’s note.—Amended to conform to the council’s
 1745         name change by s. 7, ch. 2009-72, Laws of Florida.
 1746         Section 42. Paragraph (c) of subsection (1) of section
 1747  265.606, Florida Statutes, is amended to read:
 1748         265.606 Cultural Endowment Program; administration;
 1749  qualifying criteria; matching fund program levels;
 1750  distribution.—
 1751         (1) To be eligible for receipt of state matching funds, the
 1752  local sponsoring organization shall meet all of the following
 1753  criteria:
 1754         (c) Be designated a cultural sponsoring organization by the
 1755  department, if recommended by the Florida Arts Council on Arts
 1756  and Culture to the Secretary of State pursuant to the procedures
 1757  contained in s. 265.285.
 1758         Reviser’s note.—Amended to conform to the council’s
 1759         name change by s. 7, ch. 2009-72, Laws of Florida.
 1760         Section 43. Subsections (3) and (5) of section 265.701,
 1761  Florida Statutes, are amended to read:
 1762         265.701 Cultural facilities; grants for acquisition,
 1763  renovation, or construction; funding; approval; allocation.—
 1764         (3) The Florida Arts Council on Arts and Culture shall
 1765  review each application for a grant to acquire, renovate, or
 1766  construct a cultural facility which is submitted pursuant to
 1767  subsection (2) and shall submit annually to the Secretary of
 1768  State for approval lists of all applications that are
 1769  recommended by the council for the award of grants, arranged in
 1770  order of priority. The division may allocate grants only for
 1771  projects that are approved or for which funds are appropriated
 1772  by the Legislature. Projects approved and recommended by the
 1773  Secretary of State which are not funded by the Legislature shall
 1774  be retained on the project list for the following grant cycle
 1775  only. All projects that are retained shall be required to submit
 1776  such information as may be required by the department as of the
 1777  established deadline date of the latest grant cycle in order to
 1778  adequately reflect the most current status of the project.
 1779         (5) The Division of Cultural Affairs shall adopt rules
 1780  prescribing the criteria to be applied by the Florida Arts
 1781  Council on Arts and Culture in recommending applications for the
 1782  award of grants and rules providing for the administration of
 1783  the other provisions of this section.
 1784         Reviser’s note.—Amended to conform to the council’s
 1785         name change by s. 7, ch. 2009-72, Laws of Florida.
 1786         Section 44. Paragraph (f) of subsection (2) of section
 1787  282.201, Florida Statutes, is amended to read:
 1788         282.201 State data center system; agency duties and
 1789  limitations.—A state data center system that includes all
 1790  primary data centers, other nonprimary data centers, and
 1791  computing facilities, and that provides an enterprise
 1792  information technology service as defined in s. 282.0041, is
 1793  established.
 1794         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
 1795  The Agency for Enterprise Information Technology shall:
 1796         (f) Develop and establish rules relating to the operation
 1797  of the state data center system which comply with applicable
 1798  federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.
 1799  The rules may address:
 1800         1. Ensuring that financial information is captured and
 1801  reported consistently and accurately.
 1802         2. Requiring the establishment of service-level agreements
 1803  executed between a data center and its customer entities for
 1804  services provided.
 1805         3. Requiring annual full cost recovery on an equitable
 1806  rational basis. The cost-recovery methodology must ensure that
 1807  no service is subsidizing another service and may include
 1808  adjusting the subsequent year’s rates as a means to recover
 1809  deficits or refund surpluses from a prior year.
 1810         4. Requiring that any special assessment imposed to fund
 1811  expansion is based on a methodology that apportions the
 1812  assessment according to the proportional benefit to each
 1813  customer entity.
 1814         5. Requiring that rebates be given when revenues have
 1815  exceeded costs, that rebates be applied to offset charges to
 1816  those customer entities that have subsidized the costs of other
 1817  customer entities, and that such rebates may be in the form of
 1818  credits against future billings.
 1819         6. Requiring that all service-level agreements have a
 1820  contract term of up to 3 years, but may include an option to
 1821  renew for up to 3 additional years contingent on approval by the
 1822  board, and require at least a 180-day notice of termination.
 1823         7. Designating any nonstate data center centers as a
 1824  primary data center centers if the center:
 1825         a. Has an established governance structure that represents
 1826  customer entities proportionally.
 1827         b. Maintains an appropriate cost-allocation methodology
 1828  that accurately bills a customer entity based on the actual
 1829  direct and indirect costs to the customer entity, and prohibits
 1830  the subsidization of one customer entity’s costs by another
 1831  entity.
 1832         c. Has sufficient raised floor space, cooling, and
 1833  redundant power capacity, including uninterruptible power supply
 1834  and backup power generation, to accommodate the computer
 1835  processing platforms and support necessary to host the computing
 1836  requirements of additional customer entities.
 1837         8. Removing a nonstate data center centers from primary
 1838  data center designation if the nonstate data center fails to
 1839  meet standards necessary to ensure that the state’s data is
 1840  maintained pursuant to subparagraph 7.
 1841         Reviser’s note.—Amended to provide contextual
 1842         consistency within the paragraph.
 1843         Section 45. Paragraph (c) of subsection (1) of section
 1844  282.204, Florida Statutes, is repealed.
 1845         Reviser’s note.—Repeals a provision requiring
 1846         recommendations for a workgroup report due December
 1847         31, 2008.
 1848         Section 46. Subsection (2) of section 282.318, Florida
 1849  Statutes, is amended to read:
 1850         282.318 Enterprise security of data and information
 1851  technology.—
 1852         (2) Information technology security is established as an
 1853  enterprise information technology service as defined in s.
 1854  282.0041 287.0041.
 1855         Reviser’s note.—Amended to confirm an editorial
 1856         substitution; the term “enterprise information
 1857         technology service” is defined in s. 282.0041, and s.
 1858         287.0041 does not exist.
 1859         Section 47. Sections 282.5001, 282.5002, 282.5003,
 1860  282.5004, 282.5005, 282.5006, 282.5007, and 282.5008, Florida
 1861  Statutes, are repealed.
 1862         Reviser’s note.—Repeals sections relating to year 2000
 1863         compliance for information technology products.
 1864         Section 48. Subsection (14) of section 282.702, Florida
 1865  Statutes, is amended to read:
 1866         282.702 Powers and duties.—The Department of Management
 1867  Services shall have the following powers, duties, and functions:
 1868         (14) To enter into contracts or agreements, with or without
 1869  competitive bidding or procurement, to make available, on a
 1870  fair, reasonable, and nondiscriminatory basis, property and
 1871  other structures under departmental control for the placement of
 1872  new facilities by any wireless provider of mobile service as
 1873  defined in 47 U.S.C. s. 153(27) 153(n) or s. 332(d) and any
 1874  telecommunications company as defined in s. 364.02 when it is
 1875  determined to be practical and feasible to make such property or
 1876  other structures available. The department may, without adopting
 1877  a rule, charge a just, reasonable, and nondiscriminatory fee for
 1878  the placement of the facilities, payable annually, based on the
 1879  fair market value of space used by comparable communications
 1880  facilities in the state. The department and a wireless provider
 1881  or telecommunications company may negotiate the reduction or
 1882  elimination of a fee in consideration of services provided to
 1883  the department by the wireless provider or telecommunications
 1884  company. All such fees collected by the department shall be
 1885  deposited directly into the Law Enforcement Radio Operating
 1886  Trust Fund, and may be used by the department to construct,
 1887  maintain, or support the system.
 1888         Reviser’s note.—Amended to confirm an editorial
 1889         substitution; 47 U.S.C. s. 153(27) defines the term
 1890         “mobile service,” and 47 U.S.C. s. 153(n) does not
 1891         exist.
 1892         Section 49. Subsection (4) of section 288.012, Florida
 1893  Statutes, is amended to read:
 1894         288.012 State of Florida foreign offices.—The Legislature
 1895  finds that the expansion of international trade and tourism is
 1896  vital to the overall health and growth of the economy of this
 1897  state. This expansion is hampered by the lack of technical and
 1898  business assistance, financial assistance, and information
 1899  services for businesses in this state. The Legislature finds
 1900  that these businesses could be assisted by providing these
 1901  services at State of Florida foreign offices. The Legislature
 1902  further finds that the accessibility and provision of services
 1903  at these offices can be enhanced through cooperative agreements
 1904  or strategic alliances between state entities, local entities,
 1905  foreign entities, and private businesses.
 1906         (4) The Office of Tourism, Trade, and Economic Development,
 1907  in connection with the establishment, operation, and management
 1908  of any of its offices located in a foreign country, is exempt
 1909  from the provisions of ss. 255.21, 255.25, and 255.254 relating
 1910  to leasing of buildings; ss. 283.33 and 283.35 relating to bids
 1911  for printing; ss. 287.001-287.20 relating to purchasing and
 1912  motor vehicles; and ss. 282.003-282.0056 and 282.702-282.7101
 1913  282.003-282.111 relating to communications, and from all
 1914  statutory provisions relating to state employment.
 1915         (a) The Office of Tourism, Trade, and Economic Development
 1916  may exercise such exemptions only upon prior approval of the
 1917  Governor.
 1918         (b) If approval for an exemption under this section is
 1919  granted as an integral part of a plan of operation for a
 1920  specified foreign office, such action shall constitute
 1921  continuing authority for the Office of Tourism, Trade, and
 1922  Economic Development to exercise the exemption, but only in the
 1923  context and upon the terms originally granted. Any modification
 1924  of the approved plan of operation with respect to an exemption
 1925  contained therein must be resubmitted to the Governor for his or
 1926  her approval. An approval granted to exercise an exemption in
 1927  any other context shall be restricted to the specific instance
 1928  for which the exemption is to be exercised.
 1929         (c) As used in this subsection, the term “plan of
 1930  operation” means the plan developed pursuant to subsection (2).
 1931         (d) Upon final action by the Governor with respect to a
 1932  request to exercise the exemption authorized in this subsection,
 1933  the Office of Tourism, Trade, and Economic Development shall
 1934  report such action, along with the original request and any
 1935  modifications thereto, to the President of the Senate and the
 1936  Speaker of the House of Representatives within 30 days.
 1937         Reviser’s note.—Amended to conform to the
 1938         redesignation of sections within chapter 282 by ch.
 1939         2009-80, Laws of Florida, and the further
 1940         redesignation of s. 282.710 as s. 282.7101 by the
 1941         reviser incident to compiling the 2009 Florida
 1942         Statutes.
 1943         Section 50. Subsection (2) of section 288.021, Florida
 1944  Statutes, is amended to read:
 1945         288.021 Economic development liaison.—
 1946         (2) Within 30 days of April 17, 1992, and Whenever it is
 1947  necessary to change the designee, the head of each agency shall
 1948  notify the Governor in writing of the person designated as the
 1949  economic development liaison for such agency.
 1950         Reviser’s note.—Amended to delete obsolete language.
 1951         Section 51. Paragraph (e) of subsection (2) of section
 1952  288.0656, Florida Statutes, is amended to read:
 1953         288.0656 Rural Economic Development Initiative.—
 1954         (2) As used in this section, the term:
 1955         (e) “Rural community” means:
 1956         1. A county with a population of 75,000 or fewer less.
 1957         2. A county with a population of 125,000 or fewer which is
 1958  contiguous to a county with a population of 75,000 or fewer.
 1959         3. A municipality within a county described in subparagraph
 1960  1. or subparagraph 2.
 1961         4. An unincorporated federal enterprise community or an
 1962  incorporated rural city with a population of 25,000 or fewer
 1963  less and an employment base focused on traditional agricultural
 1964  or resource-based industries, located in a county not defined as
 1965  rural, which has at least three or more of the economic distress
 1966  factors identified in paragraph (c) and verified by the Office
 1967  of Tourism, Trade, and Economic Development.
 1968  
 1969  For purposes of this paragraph, population shall be determined
 1970  in accordance with the most recent official estimate pursuant to
 1971  s. 186.901.
 1972         Reviser’s note.—Amended to provide contextual
 1973         consistency within the paragraph.
 1974         Section 52. Paragraph (d) of subsection (5) of section
 1975  288.1081, Florida Statutes, is amended to read:
 1976         288.1081 Economic Gardening Business Loan Pilot Program.—
 1977         (5)
 1978         (d) A loan administrator is entitled to receive a loan
 1979  origination fee, payable at closing, of 1 percent of each loan
 1980  issued by the loan administrator and a servicing fee of 0.625
 1981  percent per annum of the loan’s outstanding principal principle
 1982  balance, payable monthly. During the first 12 months of the
 1983  loan, the servicing fee shall be paid from the disbursement from
 1984  the Economic Development Trust Fund, and thereafter the loan
 1985  administrator shall collect the servicing fee from the payments
 1986  made by the borrower, charging the fee against repayments of
 1987  principal.
 1988         Reviser’s note.—Amended to confirm an editorial
 1989         substitution made to conform to context.
 1990         Section 53. Subsection (6) of section 288.1169, Florida
 1991  Statutes, is amended to read:
 1992         288.1169 International Game Fish Association World Center
 1993  facility.—
 1994         (6) The Department of Commerce must recertify every 10
 1995  years that the facility is open, that the International Game
 1996  Fish Association World Center continues to be the only
 1997  international administrative headquarters, fishing museum, and
 1998  Hall of Fame in the United States recognized by the
 1999  International Game Fish Association, and that the project is
 2000  meeting the minimum projections for attendance or sales tax
 2001  revenues as required at the time of original certification. If
 2002  the facility is not recertified during this 10-year review as
 2003  meeting the minimum projections, then funding shall be abated
 2004  until certification criteria are met. If the project fails to
 2005  generate $1 million of annual revenues pursuant to paragraph
 2006  (2)(e), the distribution of revenues pursuant to s.
 2007  212.20(6)(d)6.d. 212.02(6)(d)6.d. shall be reduced to an amount
 2008  equal to $83,333 multiplied by a fraction, the numerator of
 2009  which is the actual revenues generated and the denominator of
 2010  which is $1 million. Such reduction remains in effect until
 2011  revenues generated by the project in a 12-month period equal or
 2012  exceed $1 million.
 2013         Reviser’s note.—Amended to correct an apparent error.
 2014         Section 9, ch. 2009-68, Laws of Florida, revised the
 2015         cite from s. 212.20(6)(d)7.d. to s. 212.02(6)(d)6.d.
 2016         to conform to s. 2, ch. 2009-68, which amended s.
 2017         212.20(6)(d) to delete subparagraph 2. and
 2018         redesignated subsequent subparagraphs. Section 212.02
 2019         does not contain a paragraph (6)(d).
 2020         Section 54. Paragraph (b) of subsection (9) of section
 2021  288.1224, Florida Statutes, is amended to read:
 2022         288.1224 Powers and duties.—The commission:
 2023         (9) Is authorized to establish and operate tourism offices
 2024  in foreign countries in the execution of its responsibilities
 2025  for promoting the development of tourism. To facilitate the
 2026  performance of these responsibilities, the commission is
 2027  authorized to contract with the commission’s direct-support
 2028  organization to establish and administer such offices. Where
 2029  feasible, appropriate, and recommended by the 4-year marketing
 2030  plan, the commission may collocate the programs of foreign
 2031  tourism offices in cooperation with any foreign office operated
 2032  by any agency of this state.
 2033         (b) The Florida Commission on Tourism, or its direct
 2034  support organization, in connection with the establishment,
 2035  operation, and management of any of its tourism offices located
 2036  in a foreign country, is exempt from the provisions of ss.
 2037  255.21, 255.25, and 255.254 relating to leasing of buildings;
 2038  ss. 283.33 and 283.35 relating to bids for printing; ss.
 2039  287.001-287.20 relating to purchasing and motor vehicles; and
 2040  ss. 282.003-282.0056 and 282.702-282.7101 282.003-282.111
 2041  relating to communications, and from all statutory provisions
 2042  relating to state employment, if the laws, administrative code,
 2043  or business practices or customs of the foreign country, or
 2044  political or administrative subdivision thereof, in which such
 2045  office is located are in conflict with these provisions.
 2046         Reviser’s note.—Amended to conform to the
 2047         redesignation of sections within chapter 282 by ch.
 2048         2009-80, Laws of Florida, and the further
 2049         redesignation of s. 282.710 as s. 282.7101 by the
 2050         reviser incident to compiling the 2009 Florida
 2051         Statutes.
 2052         Section 55. Paragraph (a) of subsection (4) of section
 2053  311.12, Florida Statutes, is amended to read:
 2054         311.12 Seaport security.—
 2055         (4) SECURE AND RESTRICTED AREAS.—Each seaport listed in s.
 2056  311.09 must clearly designate in seaport security plans, and
 2057  clearly identify with appropriate signs and markers on the
 2058  premises of a seaport, all secure and restricted areas as
 2059  defined by the United States Department of Homeland Security
 2060  United States Coast Guard Navigation and Vessel Inspection
 2061  Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also
 2062  address access eligibility requirements and corresponding
 2063  security enforcement authorizations.
 2064         (a) The seaport’s security plan must set forth the
 2065  conditions and restrictions to be imposed on persons employed
 2066  at, doing business at, or visiting the seaport who have access
 2067  to secure and restricted areas which are sufficient to provide
 2068  substantial compliance with the minimum security standards
 2069  established in subsection (1) and federal regulations.
 2070         1. All seaport employees and other persons working at the
 2071  seaport who have regular access to secure or restricted areas
 2072  must comply with federal access control regulations and state
 2073  criminal history checks as prescribed in this section.
 2074         2. All persons and objects in secure and restricted areas
 2075  are subject to search by a sworn state-certified law enforcement
 2076  officer, a Class D seaport security officer certified under
 2077  Maritime Transportation Security Act of 2002 guidelines and s.
 2078  311.121, or an employee of the seaport security force certified
 2079  under the Maritime Transportation Security Act of 2002
 2080  guidelines and s. 311.121.
 2081         3. Persons found in these areas without the proper
 2082  permission are subject to the trespass provisions of ss. 810.08
 2083  and 810.09.
 2084         Reviser’s note.—Amended to conform to the full title
 2085         of the act.
 2086         Section 56. Paragraph (c) of subsection (3) of section
 2087  311.121, Florida Statutes, is amended to read:
 2088         311.121 Qualifications, training, and certification of
 2089  licensed security officers at Florida seaports.—
 2090         (3) The Seaport Security Officer Qualification, Training,
 2091  and Standards Coordinating Council is created under the
 2092  Department of Law Enforcement.
 2093         (c) Council members designated under subparagraphs (a)1.-4.
 2094  shall serve for the duration of their employment or appointment.
 2095  Council members designated under subparagraphs (a)5.-9. (b)5.-9.
 2096  shall be appointed for 4-year terms.
 2097         Reviser’s note.—Amended to confirm an editorial
 2098         substitution; paragraph (b) does not contain
 2099         subparagraphs, and subparagraphs (a)5.-9. relate to
 2100         designation of specified council members.
 2101         Section 57. Subsection (3) of section 311.122, Florida
 2102  Statutes, is amended to read:
 2103         311.122 Seaport law enforcement agency; authorization;
 2104  requirements; powers; training.—
 2105         (3) If a seaport creates a seaport law enforcement agency
 2106  for its facility, a minimum of 30 percent of the aggregate
 2107  personnel of each seaport law enforcement agency shall be sworn
 2108  state-certified law enforcement officers with additional
 2109  Maritime Transportation Security Act of 2002 seaport training; a
 2110  minimum of 30 percent of on-duty personnel of each seaport law
 2111  enforcement agency shall be sworn state-certified law
 2112  enforcement officers with additional Maritime Transportation
 2113  Security Act of 2002 seaport training; and at least one on-duty
 2114  supervisor must be a sworn state-certified law enforcement
 2115  officer with additional Maritime Transportation Security Act of
 2116  2002 seaport training.
 2117         Reviser’s note.—Amended to conform to the full title
 2118         of the act.
 2119         Section 58. Subsection (17) of section 318.18, Florida
 2120  Statutes, is amended to read:
 2121         318.18 Amount of penalties.—The penalties required for a
 2122  noncriminal disposition pursuant to s. 318.14 or a criminal
 2123  offense listed in s. 318.17 are as follows:
 2124         (17) In addition to any penalties imposed, a surcharge of
 2125  $3 must be paid for all criminal offenses listed in s. 318.17
 2126  and for all noncriminal moving traffic violations under chapter
 2127  316. Revenue from the surcharge shall be remitted to the
 2128  Department of Revenue and deposited quarterly into the State
 2129  Agency Law Enforcement Radio System Trust Fund of the Department
 2130  of Management Services for the state agency law enforcement
 2131  radio system, as described in s. 282.709, and to provide
 2132  technical assistance to state agencies and local law enforcement
 2133  agencies with their statewide systems of regional law
 2134  enforcement communications, as described in s. 282.7101 282.710.
 2135  This subsection expires July 1, 2012. The Department of
 2136  Management Services may retain funds sufficient to recover the
 2137  costs and expenses incurred for managing, administering, and
 2138  overseeing the Statewide Law Enforcement Radio System, and
 2139  providing technical assistance to state agencies and local law
 2140  enforcement agencies with their statewide systems of regional
 2141  law enforcement communications. The Department of Management
 2142  Services working in conjunction with the Joint Task Force on
 2143  State Agency Law Enforcement Communications shall determine and
 2144  direct the purposes for which these funds are used to enhance
 2145  and improve the radio system.
 2146         Reviser’s note.—Amended to conform to the
 2147         redesignation of s. 282.710 as s. 282.7101 by the
 2148         reviser incident to compiling the 2009 Florida
 2149         Statutes.
 2150         Section 59. Subsection (13) of section 318.21, Florida
 2151  Statutes, is amended to read:
 2152         318.21 Disposition of civil penalties by county courts.—All
 2153  civil penalties received by a county court pursuant to the
 2154  provisions of this chapter shall be distributed and paid monthly
 2155  as follows:
 2156         (13) Of the proceeds from the fine under s. 318.18(15)
 2157  318.18(14), $65 shall be remitted to the Department of Revenue
 2158  for deposit into the Administrative Trust Fund of the Department
 2159  of Health and the remaining $60 shall be distributed pursuant to
 2160  subsections (1) and (2).
 2161         Reviser’s note.—Amended to conform to the
 2162         redesignation of s. 318.18(14) as s. 318.18(15). Two
 2163         subsections (14) were created by different 2005 laws,
 2164         and this reference was renumbered as subsection (15).
 2165         Section 60. Section 321.02, Florida Statutes, is amended to
 2166  read:
 2167         321.02 Powers and duties of department, highway patrol.—The
 2168  director of the Division of Highway Patrol of the Department of
 2169  Highway Safety and Motor Vehicles shall also be the commander of
 2170  the Florida Highway Patrol. The said department shall set up and
 2171  promulgate rules and regulations by which the personnel of the
 2172  Florida Highway Patrol officers shall be examined, employed,
 2173  trained, located, suspended, reduced in rank, discharged,
 2174  recruited, paid and pensioned, subject to civil service
 2175  provisions hereafter set out. The department may enter into
 2176  contracts or agreements, with or without competitive bidding or
 2177  procurement, to make available, on a fair, reasonable,
 2178  nonexclusive, and nondiscriminatory basis, property and other
 2179  structures under division control for the placement of new
 2180  facilities by any wireless provider of mobile service as defined
 2181  in 47 U.S.C. s. 153(27) 153(n) or s. 332(d), and any
 2182  telecommunications company as defined in s. 364.02 when it is
 2183  determined to be practical and feasible to make such property or
 2184  other structures available. The department may, without adopting
 2185  a rule, charge a just, reasonable, and nondiscriminatory fee for
 2186  placement of the facilities, payable annually, based on the fair
 2187  market value of space used by comparable communications
 2188  facilities in the state. The department and a wireless provider
 2189  or telecommunications company may negotiate the reduction or
 2190  elimination of a fee in consideration of services provided to
 2191  the division by the wireless provider or the telecommunications
 2192  company. All such fees collected by the department shall be
 2193  deposited directly into the State Agency Law Enforcement Radio
 2194  System Trust Fund, and may be used to construct, maintain, or
 2195  support the system. The department is further specifically
 2196  authorized to purchase, sell, trade, rent, lease and maintain
 2197  all necessary equipment, uniforms, motor vehicles, communication
 2198  systems, housing facilities, office space, and perform any other
 2199  acts necessary for the proper administration and enforcement of
 2200  this chapter. However, all supplies and equipment consisting of
 2201  single items or in lots shall be purchased under the
 2202  requirements of s. 287.057. Purchases shall be made by accepting
 2203  the bid of the lowest responsive bidder, the right being
 2204  reserved to reject all bids. The department shall prescribe a
 2205  distinctive uniform and distinctive emblem to be worn by all
 2206  officers of the Florida Highway Patrol. It shall be unlawful for
 2207  any other person or persons to wear a similar uniform or emblem,
 2208  or any part or parts thereof. The department shall also
 2209  prescribe distinctive colors for use on motor vehicles and
 2210  motorcycles operated by the Florida Highway Patrol. The
 2211  prescribed colors shall be referred to as “Florida Highway
 2212  Patrol black and tan.”
 2213         Reviser’s note.—Amended to confirm an editorial
 2214         substitution; 47 U.S.C. s. 153(27) defines the term
 2215         “mobile service,” and 47 U.S.C. s. 153(n) does not
 2216         exist.
 2217         Section 61. Section 322.181, Florida Statutes, is repealed.
 2218         Reviser’s note.—Repeals material requiring a study and
 2219         report due February 1, 2004.
 2220         Section 62. Paragraph (b) of subsection (2) of section
 2221  322.271, Florida Statutes, is amended to read:
 2222         322.271 Authority to modify revocation, cancellation, or
 2223  suspension order.—
 2224         (2) At such hearing, the person whose license has been
 2225  suspended, canceled, or revoked may show that such suspension,
 2226  cancellation, or revocation causes a serious hardship and
 2227  precludes the person from carrying out his or her normal
 2228  business occupation, trade, or employment and that the use of
 2229  the person’s license in the normal course of his or her business
 2230  is necessary to the proper support of the person or his or her
 2231  family.
 2232         (b) The department may waive the hearing process for
 2233  suspensions and revocations upon request by the driver if the
 2234  driver has enrolled in or completed the applicable driver
 2235  training course approved under s. 318.1451 or the DUI program
 2236  substance abuse education course and evaluation provided in s.
 2237  316.193(5). However, the department may not waive the hearing
 2238  for suspensions or revocations that involve death or serious
 2239  bodily injury, multiple convictions for violations of s. 316.193
 2240  pursuant to s. 322.27(5), or a second or subsequent suspension
 2241  or revocation pursuant to the same provision of this chapter.
 2242  This paragraph does not preclude the department from requiring a
 2243  hearing for any suspension or revocation that it determines is
 2244  warranted based on the severity of the offense.
 2245         Reviser’s note.—Amended to confirm an editorial
 2246         insertion made to facilitate correct interpretation.
 2247         Section 63. Paragraph (x) of subsection (1) of section
 2248  327.73, Florida Statutes, is amended to read:
 2249         327.73 Noncriminal infractions.—
 2250         (1) Violations of the following provisions of the vessel
 2251  laws of this state are noncriminal infractions:
 2252         (x) Section 253.04(3)(a) 253.04(4)(a), relating to
 2253  carelessly causing seagrass scarring, for which the civil
 2254  penalty upon conviction is:
 2255         1. For a first offense, $50.
 2256         2. For a second offense occurring within 12 months after a
 2257  prior conviction, $250.
 2258         3. For a third offense occurring within 36 months after a
 2259  prior conviction, $500.
 2260         4. For a fourth or subsequent offense occurring within 72
 2261  months after a prior conviction, $1,000.
 2262  
 2263  Any person cited for a violation of any such provision shall be
 2264  deemed to be charged with a noncriminal infraction, shall be
 2265  cited for such an infraction, and shall be cited to appear
 2266  before the county court. The civil penalty for any such
 2267  infraction is $50, except as otherwise provided in this section.
 2268  Any person who fails to appear or otherwise properly respond to
 2269  a uniform boating citation shall, in addition to the charge
 2270  relating to the violation of the boating laws of this state, be
 2271  charged with the offense of failing to respond to such citation
 2272  and, upon conviction, be guilty of a misdemeanor of the second
 2273  degree, punishable as provided in s. 775.082 or s. 775.083. A
 2274  written warning to this effect shall be provided at the time
 2275  such uniform boating citation is issued.
 2276         Reviser’s note.—Amended to confirm an editorial
 2277         substitution necessitated by the repeal of former
 2278         subsection (3) by s. 59, ch. 2009-86, Laws of Florida.
 2279         Section 64. Subsection (26) of section 334.044, Florida
 2280  Statutes, is amended to read:
 2281         334.044 Department; powers and duties.—The department shall
 2282  have the following general powers and duties:
 2283         (26) To provide for the enhancement of environmental
 2284  benefits, including air and water quality; to prevent roadside
 2285  erosion; to conserve the natural roadside growth and scenery;
 2286  and to provide for the implementation and maintenance of
 2287  roadside conservation, enhancement, and stabilization
 2288  stabilization, and programs. No less than 1.5 percent of the
 2289  amount contracted for construction projects shall be allocated
 2290  by the department for the purchase of plant materials, with, to
 2291  the greatest extent practical, a minimum of 50 percent of these
 2292  funds for large plant materials and the remaining funds for
 2293  other plant materials. All such plant materials shall be
 2294  purchased from Florida commercial nursery stock in this state on
 2295  a uniform competitive bid basis. The department will develop
 2296  grades and standards for landscaping materials purchased through
 2297  this process. To accomplish these activities, the department may
 2298  contract with nonprofit organizations having the primary purpose
 2299  of developing youth employment opportunities.
 2300         Reviser’s note.—Amended to confirm an editorial
 2301         substitution made to correct an apparent error.
 2302         Section 65. Subsection (5) of section 337.0261, Florida
 2303  Statutes, is repealed.
 2304         Reviser’s note.—Repealed to delete references to the
 2305         “Strategic Aggregates Review Task Force,” which was
 2306         dissolved on July 1, 2008.
 2307         Section 66. Paragraph (a) of subsection (2) of section
 2308  337.16, Florida Statutes, is amended to read:
 2309         337.16 Disqualification of delinquent contractors from
 2310  bidding; determination of contractor nonresponsibility; denial,
 2311  suspension, and revocation of certificates of qualification;
 2312  grounds; hearing.—
 2313         (2) For reasons other than delinquency in progress, the
 2314  department, for good cause, may determine any contractor not
 2315  having a certificate of qualification nonresponsible for a
 2316  specified period of time or may deny, suspend, or revoke any
 2317  certificate of qualification. Good cause includes, but is not
 2318  limited to, circumstances in which a contractor or the
 2319  contractor’s official representative:
 2320         (a) Makes or submits to the department false, deceptive, or
 2321  fraudulent statements or materials in any bid proposal to the
 2322  department, any application for a certificate of qualification,
 2323  any certification of payment pursuant to s. 337.11(11)
 2324  337.11(10), or any administrative or judicial proceeding;
 2325         Reviser’s note.—Amended to conform to the
 2326         redesignation of s. 337.11(10) as s. 337.11(11) by s.
 2327         7, ch. 2009-85, Laws of Florida.
 2328         Section 67. Subsection (3) of section 338.235, Florida
 2329  Statutes, is amended to read:
 2330         338.235 Contracts with department for provision of services
 2331  on the turnpike system.—
 2332         (3) The department may enter into contracts or agreements,
 2333  with or without competitive bidding or procurement, to make
 2334  available, on a fair, reasonable, nonexclusive, and
 2335  nondiscriminatory basis, turnpike property and other turnpike
 2336  structures, for the placement of wireless facilities by any
 2337  wireless provider of mobile services as defined in 47 U.S.C. s.
 2338  153(27) 153(n) or s. 332(d), and any telecommunications company
 2339  as defined in s. 364.02 when it is determined to be practical
 2340  and feasible to make such property or structures available. The
 2341  department may, without adopting a rule, charge a just,
 2342  reasonable, and nondiscriminatory fee for placement of the
 2343  facilities, payable annually, based on the fair market value of
 2344  space used by comparable communications facilities in the state.
 2345  The department and a wireless provider may negotiate the
 2346  reduction or elimination of a fee in consideration of goods or
 2347  services provided to the department by the wireless provider.
 2348  All such fees collected by the department shall be deposited
 2349  directly into the State Agency Law Enforcement Radio System
 2350  Trust Fund and may be used to construct, maintain, or support
 2351  the system.
 2352         Reviser’s note.—Amended to confirm an editorial
 2353         substitution; 47 U.S.C. s. 153(27) defines the term
 2354         “mobile service,” and 47 U.S.C. s. 153(n) does not
 2355         exist.
 2356         Section 68. Paragraph (a) of subsection (8) of section
 2357  365.172, Florida Statutes, is amended to read:
 2358         365.172 Emergency communications number “E911.”—
 2359         (8) E911 FEE.—
 2360         (a) Each voice communications services provider shall
 2361  collect the fee described in this subsection. Each provider, as
 2362  part of its monthly billing process, shall bill the fee as
 2363  follows. The fee shall not be assessed on any pay telephone in
 2364  the state.
 2365         1. Each local exchange carrier shall bill the fee to the
 2366  local exchange subscribers on a service-identifier basis, up to
 2367  a maximum of 25 access lines per account bill rendered.
 2368         2. Except in the case of prepaid wireless service, each
 2369  wireless provider shall bill the fee to a subscriber on a per
 2370  service-identifier basis for service identifiers whose primary
 2371  place of use is within this state. Before July 1, 2009, the fee
 2372  shall not be assessed on or collected from a provider with
 2373  respect to an end user’s service if that end user’s service is a
 2374  prepaid calling arrangement that is subject to s. 212.05(1)(e).
 2375         a. The board shall conduct a study to determine whether it
 2376  is feasible to collect E911 fees from the sale of prepaid
 2377  wireless service. If, based on the findings of the study, the
 2378  board determines that a fee should not be collected from the
 2379  sale of prepaid wireless service, it shall report its findings
 2380  and recommendation to the Governor, the President of the Senate,
 2381  and the Speaker of the House of Representatives by December 31,
 2382  2008. If the board determines that a fee should be collected
 2383  from the sale of prepaid wireless service, the board shall
 2384  collect the fee beginning July 1, 2009.
 2385         b. For purposes of this section, the term:
 2386         (I) “Prepaid wireless service” means the right to access
 2387  telecommunications services that must be paid for in advance and
 2388  is sold in predetermined units or dollars enabling the
 2389  originator to make calls such that the number of units or
 2390  dollars declines with use in a known amount.
 2391         (II) “Prepaid wireless service providers” includes those
 2392  persons who sell prepaid wireless service regardless of its
 2393  form, either as a retailer or reseller.
 2394         c. The study must include an evaluation of methods by which
 2395  E911 fees may be collected from end users and purchasers of
 2396  prepaid wireless service on an equitable, efficient,
 2397  competitively neutral, and nondiscriminatory basis and must
 2398  consider whether the collection of fees on prepaid wireless
 2399  service would constitute an efficient use of public funds given
 2400  the technological and practical considerations of collecting the
 2401  fee based on the varying methodologies prepaid wireless service
 2402  providers and their agents use in marketing prepaid wireless
 2403  service.
 2404         d. The study must include a review and evaluation of the
 2405  collection of E911 fees on prepaid wireless service at the point
 2406  of sale within the state. This evaluation must be consistent
 2407  with the collection principles of end user charges such as those
 2408  in s. 212.05(1)(e).
 2409         e. No later than 90 days after this section becomes law,
 2410  the board shall require all prepaid wireless service providers,
 2411  including resellers, to provide the board with information that
 2412  the board determines is necessary to discharge its duties under
 2413  this section, including information necessary for its
 2414  recommendation, such as total retail and reseller prepaid
 2415  wireless service sales.
 2416         f. All subscriber information provided by a prepaid
 2417  wireless service provider in response to a request from the
 2418  board while conducting this study is subject to s. 365.174.
 2419         g. The study shall be conducted by an entity competent and
 2420  knowledgeable in matters of state taxation policy if the board
 2421  does not possess that expertise. The study must be paid from the
 2422  moneys distributed to the board for administrative purposes
 2423  under s. 365.173(2)(f) but may not exceed $250,000.
 2424         3. All voice communications services providers not
 2425  addressed under subparagraphs 1. and 2. shall bill the fee on a
 2426  per-service-identifier basis for service identifiers whose
 2427  primary place of use is within the state up to a maximum of 25
 2428  service identifiers for each account bill rendered.
 2429  
 2430  The provider may list the fee as a separate entry on each bill,
 2431  in which case the fee must be identified as a fee for E911
 2432  services. A provider shall remit the fee to the board only if
 2433  the fee is paid by the subscriber. If a provider receives a
 2434  partial payment for a monthly bill from a subscriber, the amount
 2435  received shall first be applied to the payment due the provider
 2436  for providing voice communications service.
 2437         Reviser’s note.—Amended to delete obsolete language.
 2438         Section 69. Subsection (4) of section 373.046, Florida
 2439  Statutes, is amended to read:
 2440         373.046 Interagency agreements.—
 2441         (4) The Legislature recognizes and affirms the division of
 2442  responsibilities between the department and the water management
 2443  districts as set forth in ss. III. and X. of each of the
 2444  operating agreements codified as rules 17-101.040(12)(a)3., 4.,
 2445  and 5., Florida Administrative Code. Section IV.A.2.a. of each
 2446  operating agreement regarding individual permit oversight is
 2447  rescinded. The department shall be responsible for permitting
 2448  those activities under part IV of this chapter which, because of
 2449  their complexity and magnitude, need to be economically and
 2450  efficiently evaluated at the state level, including, but not
 2451  limited to, mining, hazardous waste management facilities and
 2452  solid waste management facilities that do not qualify for a
 2453  general permit under chapter 403. With regard to
 2454  postcertification information submittals for activities
 2455  authorized under chapters 341 and 403 siting act certifications,
 2456  the department, after consultation with the appropriate water
 2457  management district and other agencies having applicable
 2458  regulatory jurisdiction, shall be responsible for determining
 2459  the permittee’s compliance with conditions of certification
 2460  which were based upon the nonprocedural requirements of part IV
 2461  of this chapter. The Legislature authorizes the water management
 2462  districts and the department to modify the division of
 2463  responsibilities referenced in this section and enter into
 2464  further interagency agreements by rulemaking, including
 2465  incorporation by reference, pursuant to chapter 120, to provide
 2466  for greater efficiency and to avoid duplication in the
 2467  administration of part IV of this chapter by designating certain
 2468  activities which will be regulated by either the water
 2469  management districts or the department. In developing such
 2470  interagency agreements, the water management districts and the
 2471  department should take into consideration the technical and
 2472  fiscal ability of each water management district to implement
 2473  all or some of the provisions of part IV of this chapter.
 2474  Nothing herein rescinds or restricts the authority of the
 2475  districts to regulate silviculture and agriculture pursuant to
 2476  part IV of this chapter or s. 403.927. By December 10, 1993, the
 2477  secretary of the department shall submit a report to the
 2478  President of the Senate and the Speaker of the House of
 2479  Representatives regarding the efficiency of the procedures and
 2480  the division of responsibilities contemplated by this subsection
 2481  and regarding progress toward the execution of further
 2482  interagency agreements and the integration of permitting with
 2483  sovereignty lands approval. The report also will consider the
 2484  feasibility of improving the protection of the environment
 2485  through comprehensive criteria for protection of natural
 2486  systems.
 2487         Reviser’s note.—Amended to delete obsolete language.
 2488         Section 70. Subsection (7) of section 373.236, Florida
 2489  Statutes, is amended to read:
 2490         373.236 Duration of permits; compliance reports.—
 2491         (7) A permit approved for a renewable energy generating
 2492  facility or the cultivation of agricultural products on lands
 2493  consisting of 1,000 acres or more for use in the production of
 2494  renewable energy, as defined in s. 366.91(2)(d), shall be
 2495  granted for a term of at least 25 years at the applicant’s
 2496  request based on the anticipated life of the facility if there
 2497  is sufficient data to provide reasonable assurance that the
 2498  conditions for permit issuance will be met for the duration of
 2499  the permit; otherwise, a permit may be issued for a shorter
 2500  duration that reflects the longest period for which such
 2501  reasonable assurances are provided. Such a permit is subject to
 2502  compliance reports under subsection (4).
 2503         Reviser’s note.—Amended to confirm an editorial
 2504         insertion made to improve clarity and correct sentence
 2505         construction.
 2506         Section 71. Subsection (5) of section 376.30713, Florida
 2507  Statutes, is repealed.
 2508         Reviser’s note.—Repeals material relating to a report
 2509         due by December 31, 1998, on the progress and level of
 2510         activity made regarding preapproved advanced cleanup.
 2511         Section 72. Paragraph (f) of subsection (2) of section
 2512  377.709, Florida Statutes, is amended to read:
 2513         377.709 Funding by electric utilities of local governmental
 2514  solid waste facilities that generate electricity.—
 2515         (2) DEFINITIONS.—As used in this section, the term:
 2516         (f) “Solid waste facility” means a facility owned or
 2517  operated by, or on behalf of, a local government for the purpose
 2518  of disposing of solid waste, as that term is defined in s.
 2519  403.703(32) 403.703(13), by any process that produces heat and
 2520  incorporates, as a part of the facility, the means of converting
 2521  heat to electrical energy in amounts greater than actually
 2522  required for the operation of the facility.
 2523         Reviser’s note.—Amended to correct a cross-reference.
 2524         The definition for “solid waste” is at s. 403.703(32)
 2525         as amended by s. 6, ch. 2007-184, Laws of Florida.
 2526         Section 73. Paragraph (a) of subsection (29) of section
 2527  380.06, Florida Statutes, is amended to read:
 2528         380.06 Developments of regional impact.—
 2529         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 2530         (a) The following are exempt from this section:
 2531         1. Any proposed development in a municipality that
 2532  qualifies as a dense urban land area as defined in s. 163.3164;
 2533         2. Any proposed development within a county that qualifies
 2534  as a dense urban land area as defined in s. 163.3164 and that is
 2535  located within an urban service area as defined in s. 163.3164
 2536  which has been adopted into the comprehensive plan; or
 2537         3. Any proposed development within a county, including the
 2538  municipalities located therein, which has a population of at
 2539  least 900,000, which qualifies as a dense urban land area under
 2540  s. 163.3164, but which does not have an urban service area
 2541  designated in the comprehensive plan.
 2542         Reviser’s note.—Amended to improve clarity.
 2543         Section 74. Subsection (6) of section 381.84, Florida
 2544  Statutes, is reenacted to read:
 2545         381.84 Comprehensive Statewide Tobacco Education and Use
 2546  Prevention Program.—
 2547         (6) CONTRACT REQUIREMENTS.—Contracts or grants for the
 2548  program components or subcomponents described in paragraphs
 2549  (3)(a)-(f) shall be awarded by the State Surgeon General, after
 2550  consultation with the council, on the basis of merit, as
 2551  determined by an open, competitive, peer-reviewed process that
 2552  ensures objectivity, consistency, and high quality. The
 2553  department shall award such grants or contracts no later than
 2554  October 1 for each fiscal year. A recipient of a contract or
 2555  grant for the program component described in paragraph (3)(c) is
 2556  not eligible for a contract or grant award for any other program
 2557  component described in subsection (3) in the same state fiscal
 2558  year. A school or college of medicine that is represented on the
 2559  council is not eligible to receive a contract or grant under
 2560  this section. For the 2009-2010 fiscal year only, the department
 2561  shall award a contract or grant in the amount of $10 million to
 2562  the AHEC network for the purpose of developing the components
 2563  described in paragraph (3)(i). The AHEC network may apply for a
 2564  competitive contract or grant after the 2009-2010 fiscal year.
 2565         (a) In order to ensure that all proposals for funding are
 2566  appropriate and are evaluated fairly on the basis of merit, the
 2567  State Surgeon General, in consultation with the council, shall
 2568  appoint a peer review panel of independent, qualified experts in
 2569  the field of tobacco control to review the content of each
 2570  proposal and establish its priority score. The priority scores
 2571  shall be forwarded to the council and must be considered in
 2572  determining which proposals will be recommended for funding.
 2573         (b) The council and the peer review panel shall establish
 2574  and follow rigorous guidelines for ethical conduct and adhere to
 2575  a strict policy with regard to conflicts of interest. A member
 2576  of the council or panel may not participate in any discussion or
 2577  decision with respect to a research proposal by any firm,
 2578  entity, or agency with which the member is associated as a
 2579  member of the governing body or as an employee or with which the
 2580  member has entered into a contractual arrangement. Meetings of
 2581  the council and the peer review panels are subject to chapter
 2582  119, s. 286.011, and s. 24, Art. I of the State Constitution.
 2583         (c) In each contract or grant agreement, the department
 2584  shall limit the use of food and promotional items to no more
 2585  than 2.5 percent of the total amount of the contract or grant
 2586  and limit overhead or indirect costs to no more than 7.5 percent
 2587  of the total amount of the contract or grant. The department, in
 2588  consultation with the Department of Financial Services, shall
 2589  publish guidelines for appropriate food and promotional items.
 2590         (d) In each advertising contract, the department shall
 2591  limit the total of production fees, buyer commissions, and
 2592  related costs to no more than 10 percent of the total contract
 2593  amount.
 2594         (e) Notwithstanding the competitive process for contracts
 2595  prescribed in this subsection, each county health department is
 2596  eligible for core funding, on a per capita basis, to implement
 2597  tobacco education and use prevention activities within that
 2598  county.
 2599         Reviser’s note.—Section 3, ch. 2009-58, Laws of
 2600         Florida, amended subsection (6) without publishing
 2601         paragraphs (a)-(e). Absent affirmative evidence of
 2602         legislative intent to repeal the omitted paragraphs,
 2603         subsection (6) is reenacted to confirm the omission
 2604         was not intended.
 2605         Section 75. Section 381.912, Florida Statutes, is repealed.
 2606         Reviser’s note.—Repealed to delete a section relating
 2607         to the Cervical Cancer Elimination Task Force, which
 2608         was dissolved after submitting its final report due on
 2609         or before June 30, 2008.
 2610         Section 76. Section 382.357, Florida Statutes, is repealed.
 2611         Reviser’s note.—Repealed to delete a section
 2612         applicable to a study to determine the feasibility of
 2613         electronically filing original and new or amended
 2614         birth certificates, documentation of paternity
 2615         determinations, and adoptions with the Department of
 2616         Health and a report of the findings to be made by July
 2617         1, 2006.
 2618         Section 77. Subsections (2) and (3) of section 394.875,
 2619  Florida Statutes, are amended to read:
 2620         394.875 Crisis stabilization units, residential treatment
 2621  facilities, and residential treatment centers for children and
 2622  adolescents; authorized services; license required.—
 2623         (2) The requirements of part II of chapter 408 apply to the
 2624  provision of services that require licensure under ss. 394.455
 2625  394.903 394.455-394.904 and part II of chapter 408 and to
 2626  entities licensed by or applying for such licensure from the
 2627  Agency for Health Care Administration pursuant to ss. 394.455
 2628  394.903 394.455-394.904. A license issued by the agency is
 2629  required in order to operate a crisis stabilization unit, a
 2630  residential treatment facility, or a residential treatment
 2631  center for children and adolescents, or to act as a crisis
 2632  stabilization unit, a residential treatment facility, or a
 2633  residential treatment center for children and adolescents in
 2634  this state.
 2635         (3) The following are exempt from licensure as required in
 2636  ss. 394.455-394.903 394.455-394.904:
 2637         (a) Homes for special services licensed under chapter 400.
 2638         (b) Nursing homes licensed under chapter 400.
 2639         (c) Comprehensive transitional education programs licensed
 2640  under s. 393.067.
 2641         Reviser’s note.—Amended to conform to the repeal of s.
 2642         394.904 by s. 10, ch. 2008-9, Laws of Florida.
 2643         Section 78. Paragraph (d) of subsection (2) of section
 2644  394.9082, Florida Statutes, is amended to read:
 2645         394.9082 Behavioral health managing entities.—
 2646         (2) DEFINITIONS.—As used in this section, the term:
 2647         (d) “Managing entity” means a corporation that is organized
 2648  in this state, is designated or filed as a nonprofit
 2649  organization under s. 501(c)(3) of the Internal Revenue Code
 2650  Service, and is under contract to the department to manage the
 2651  day-to-day operational delivery of behavioral health services
 2652  through an organized system of care.
 2653         Reviser’s note.—Amended to confirm an editorial
 2654         substitution made to correct an apparent error and
 2655         facilitate correct interpretation.
 2656         Section 79. Paragraph (b) of subsection (1) of section
 2657  395.4036, Florida Statutes, is amended to read:
 2658         395.4036 Trauma payments.—
 2659         (1) Recognizing the Legislature’s stated intent to provide
 2660  financial support to the current verified trauma centers and to
 2661  provide incentives for the establishment of additional trauma
 2662  centers as part of a system of state-sponsored trauma centers,
 2663  the department shall utilize funds collected under s. 318.18 and
 2664  deposited into the Administrative Trust Fund of the department
 2665  to ensure the availability and accessibility of trauma services
 2666  throughout the state as provided in this subsection.
 2667         (b) Funds collected under s. 318.18(5)(c) and (20) (19)
 2668  shall be distributed as follows:
 2669         1. Thirty percent of the total funds collected shall be
 2670  distributed to Level II trauma centers operated by a public
 2671  hospital governed by an elected board of directors as of
 2672  December 31, 2008.
 2673         2. Thirty-five percent of the total funds collected shall
 2674  be distributed to verified trauma centers based on trauma
 2675  caseload volume for the most recent calendar year available. The
 2676  determination of caseload volume for distribution of funds under
 2677  this subparagraph shall be based on the department’s Trauma
 2678  Registry data.
 2679         3. Thirty-five percent of the total funds collected shall
 2680  be distributed to verified trauma centers based on severity of
 2681  trauma patients for the most recent calendar year available. The
 2682  determination of severity for distribution of funds under this
 2683  subparagraph shall be based on the department’s International
 2684  Classification Injury Severity Scores or another statistically
 2685  valid and scientifically accepted method of stratifying a trauma
 2686  patient’s severity of injury, risk of mortality, and resource
 2687  consumption as adopted by the department by rule, weighted based
 2688  on the costs associated with and incurred by the trauma center
 2689  in treating trauma patients. The weighting of scores shall be
 2690  established by the department by rule.
 2691         Reviser’s note.—Amended to conform to the
 2692         redesignation of s. 318.18(19), as created by s. 1,
 2693         ch. 2009-138, Laws of Florida, as s. 318.18(20) to
 2694         conform to the creation of a different subsection (19)
 2695         by s. 3, ch. 2009-6, Laws of Florida.
 2696         Section 80. Subsection (32) of section 397.311, Florida
 2697  Statutes, is amended to read:
 2698         397.311 Definitions.—As used in this chapter, except part
 2699  VIII, the term:
 2700         (32) “Service component” or “component” means a discrete
 2701  operational entity within a service provider which is subject to
 2702  licensing as defined by rule. Service components include
 2703  prevention, intervention, and clinical treatment described in
 2704  subsection (18) (17).
 2705         Reviser’s note.—Amended to correct a cross-reference.
 2706         The referenced service components are set out in
 2707         detail in subsection (18).
 2708         Section 81. Subsection (5) of section 397.334, Florida
 2709  Statutes, is amended to read:
 2710         397.334 Treatment-based drug court programs.—
 2711         (5) Treatment-based drug court programs may include
 2712  pretrial intervention programs as provided in ss. 948.08,
 2713  948.16, and 985.345, treatment-based drug court programs
 2714  authorized in chapter 39, postadjudicatory programs, and review
 2715  of the status of compliance or noncompliance of sentenced
 2716  offenders through a treatment-based drug court program. While
 2717  enrolled in a treatment-based drug court program, the
 2718  participant is subject to a coordinated strategy developed by a
 2719  drug court team under subsection (4) (3). The coordinated
 2720  strategy may include a protocol of sanctions that may be imposed
 2721  upon the participant for noncompliance with program rules. The
 2722  protocol of sanctions may include, but is not limited to,
 2723  placement in a substance abuse treatment program offered by a
 2724  licensed service provider as defined in s. 397.311 or in a jail
 2725  based treatment program or serving a period of secure detention
 2726  under chapter 985 if a child or a period of incarceration within
 2727  the time limits established for contempt of court if an adult.
 2728  The coordinated strategy must be provided in writing to the
 2729  participant before the participant agrees to enter into a
 2730  treatment-based drug court program.
 2731         Reviser’s note.—Amended to conform to the
 2732         redesignation of subsection (3) as subsection (4) by
 2733         s. 1, ch. 2009-64, Laws of Florida.
 2734         Section 82. Paragraph (u) of subsection (1) of section
 2735  400.141, Florida Statutes, is amended to read:
 2736         400.141 Administration and management of nursing home
 2737  facilities.—
 2738         (1) Every licensed facility shall comply with all
 2739  applicable standards and rules of the agency and shall:
 2740         (u) Before November 30 of each year, subject to the
 2741  availability of an adequate supply of the necessary vaccine,
 2742  provide for immunizations against influenza viruses to all its
 2743  consenting residents in accordance with the recommendations of
 2744  the United States Centers for Disease Control and Prevention,
 2745  subject to exemptions for medical contraindications and
 2746  religious or personal beliefs. Subject to these exemptions, any
 2747  consenting person who becomes a resident of the facility after
 2748  November 30 but before March 31 of the following year must be
 2749  immunized within 5 working days after becoming a resident.
 2750  Immunization shall not be provided to any resident who provides
 2751  documentation that he or she has been immunized as required by
 2752  this paragraph. This paragraph does not prohibit a resident from
 2753  receiving the immunization from his or her personal physician if
 2754  he or she so chooses. A resident who chooses to receive the
 2755  immunization from his or her personal physician shall provide
 2756  proof of immunization to the facility. The agency may adopt and
 2757  enforce any rules necessary to comply with or implement this
 2758  paragraph subsection.
 2759         Reviser’s note.—Amended to conform to the
 2760         redesignation of subunits by s. 39, ch. 2009-223, Laws
 2761         of Florida.
 2762         Section 83. Section 400.195, Florida Statutes, is repealed.
 2763         Reviser’s note.—Repealed to delete language applicable
 2764         to reports by the Agency for Health Care
 2765         Administration with respect to nursing homes for a
 2766         period ending June 30, 2005.
 2767         Section 84. Subsection (6) of section 400.474, Florida
 2768  Statutes, is amended to read:
 2769         400.474 Administrative penalties.—
 2770         (6) The agency may deny, revoke, or suspend the license of
 2771  a home health agency and shall impose a fine of $5,000 against a
 2772  home health agency that:
 2773         (a) Gives remuneration for staffing services to:
 2774         1. Another home health agency with which it has formal or
 2775  informal patient-referral transactions or arrangements; or
 2776         2. A health services pool with which it has formal or
 2777  informal patient-referral transactions or arrangements,
 2778  
 2779  unless the home health agency has activated its comprehensive
 2780  emergency management plan in accordance with s. 400.492. This
 2781  paragraph does not apply to a Medicare-certified home health
 2782  agency that provides fair market value remuneration for staffing
 2783  services to a non-Medicare-certified home health agency that is
 2784  part of a continuing care facility licensed under chapter 651
 2785  for providing services to its own residents if each resident
 2786  receiving home health services pursuant to this arrangement
 2787  attests in writing that he or she made a decision without
 2788  influence from staff of the facility to select, from a list of
 2789  Medicare-certified home health agencies provided by the
 2790  facility, that Medicare-certified home health agency to provide
 2791  the services.
 2792         (b) Provides services to residents in an assisted living
 2793  facility for which the home health agency does not receive fair
 2794  market value remuneration.
 2795         (c) Provides staffing to an assisted living facility for
 2796  which the home health agency does not receive fair market value
 2797  remuneration.
 2798         (d) Fails to provide the agency, upon request, with copies
 2799  of all contracts with assisted living facilities which were
 2800  executed within 5 years before the request.
 2801         (e) Gives remuneration to a case manager, discharge
 2802  planner, facility-based staff member, or third-party vendor who
 2803  is involved in the discharge planning process of a facility
 2804  licensed under chapter 395, chapter 429, or this chapter from
 2805  whom the home health agency receives referrals.
 2806         (f) Fails to submit to the agency, within 15 days after the
 2807  end of each calendar quarter, a written report that includes the
 2808  following data based on data as it existed on the last day of
 2809  the quarter:
 2810         1. The number of insulin-dependent diabetic patients
 2811  receiving insulin-injection services from the home health
 2812  agency;
 2813         2. The number of patients receiving both home health
 2814  services from the home health agency and hospice services;
 2815         3. The number of patients receiving home health services
 2816  from that home health agency; and
 2817         4. The names and license numbers of nurses whose primary
 2818  job responsibility is to provide home health services to
 2819  patients and who received remuneration from the home health
 2820  agency in excess of $25,000 during the calendar quarter.
 2821         (g) Gives cash, or its equivalent, to a Medicare or
 2822  Medicaid beneficiary.
 2823         (h) Has more than one medical director contract in effect
 2824  at one time or more than one medical director contract and one
 2825  contract with a physician-specialist whose services are mandated
 2826  for the home health agency in order to qualify to participate in
 2827  a federal or state health care program at one time.
 2828         (i) Gives remuneration to a physician without a medical
 2829  director contract being in effect. The contract must:
 2830         1. Be in writing and signed by both parties;
 2831         2. Provide for remuneration that is at fair market value
 2832  for an hourly rate, which must be supported by invoices
 2833  submitted by the medical director describing the work performed,
 2834  the dates on which that work was performed, and the duration of
 2835  that work; and
 2836         3. Be for a term of at least 1 year.
 2837  
 2838  The hourly rate specified in the contract may not be increased
 2839  during the term of the contract. The home health agency may not
 2840  execute a subsequent contract with that physician which has an
 2841  increased hourly rate and covers any portion of the term that
 2842  was in the original contract.
 2843         (j) Gives remuneration to:
 2844         1. A physician, and the home health agency is in violation
 2845  of paragraph (h) or paragraph (i);
 2846         2. A member of the physician’s office staff; or
 2847         3. An immediate family member of the physician,
 2848  
 2849  if the home health agency has received a patient referral in the
 2850  preceding 12 months from that physician or physician’s office
 2851  staff.
 2852         (k) Fails to provide to the agency, upon request, copies of
 2853  all contracts with a medical director which were executed within
 2854  5 years before the request.
 2855         (l) Demonstrates a pattern of billing the Medicaid program
 2856  for services to Medicaid recipients which are medically
 2857  unnecessary as determined by a final order. A pattern may be
 2858  demonstrated by a showing of at least two such medically
 2859  unnecessary services within one Medicaid program integrity audit
 2860  period.
 2861  
 2862  Nothing in paragraph (e) or paragraph (j) shall be interpreted
 2863  as applying to or precluding any discount, compensation, waiver
 2864  of payment, or payment practice permitted by 42 U.S.C. s. 1320a
 2865  7(b) 52 U.S.C. s. 1320a-7(b) or regulations adopted thereunder,
 2866  including 42 C.F.R. s. 1001.952 or s. 1395nn or regulations
 2867  adopted thereunder.
 2868         Reviser’s note.—Amended to confirm an editorial
 2869         substitution; 42 U.S.C. s. 1320a-7(b) includes
 2870         exemptions from application of criminal penalties
 2871         relating to federal health care programs, and 52
 2872         U.S.C. s. 1320a-7(b) does not exist.
 2873         Section 85. Paragraph (a) of subsection (11) of section
 2874  403.0872, Florida Statutes, is amended to read:
 2875         403.0872 Operation permits for major sources of air
 2876  pollution; annual operation license fee.—Provided that program
 2877  approval pursuant to 42 U.S.C. s. 7661a has been received from
 2878  the United States Environmental Protection Agency, beginning
 2879  January 2, 1995, each major source of air pollution, including
 2880  electrical power plants certified under s. 403.511, must obtain
 2881  from the department an operation permit for a major source of
 2882  air pollution under this section. This operation permit is the
 2883  only department operation permit for a major source of air
 2884  pollution required for such source; provided, at the applicant’s
 2885  request, the department shall issue a separate acid rain permit
 2886  for a major source of air pollution that is an affected source
 2887  within the meaning of 42 U.S.C. s. 7651a(1). Operation permits
 2888  for major sources of air pollution, except general permits
 2889  issued pursuant to s. 403.814, must be issued in accordance with
 2890  the procedures contained in this section and in accordance with
 2891  chapter 120; however, to the extent that chapter 120 is
 2892  inconsistent with the provisions of this section, the procedures
 2893  contained in this section prevail.
 2894         (11) Each major source of air pollution permitted to
 2895  operate in this state must pay between January 15 and March 1 of
 2896  each year, upon written notice from the department, an annual
 2897  operation license fee in an amount determined by department
 2898  rule. The annual operation license fee shall be terminated
 2899  immediately in the event the United States Environmental
 2900  Protection Agency imposes annual fees solely to implement and
 2901  administer the major source air-operation permit program in
 2902  Florida under 40 C.F.R. s. 70.10(d).
 2903         (a) The annual fee must be assessed based upon the source’s
 2904  previous year’s emissions and must be calculated by multiplying
 2905  the applicable annual operation license fee factor times the
 2906  tons of each regulated air pollutant (except carbon monoxide)
 2907  allowed to be emitted per hour by specific condition of the
 2908  source’s most recent construction or operation permit, times the
 2909  annual hours of operation allowed by permit condition; provided,
 2910  however, that:
 2911         1. The license fee factor is $25 or another amount
 2912  determined by department rule which ensures that the revenue
 2913  provided by each year’s operation license fees is sufficient to
 2914  cover all reasonable direct and indirect costs of the major
 2915  stationary source air-operation permit program established by
 2916  this section. The license fee factor may be increased beyond $25
 2917  only if the secretary of the department affirmatively finds that
 2918  a shortage of revenue for support of the major stationary source
 2919  air-operation permit program will occur in the absence of a fee
 2920  factor adjustment. The annual license fee factor may never
 2921  exceed $35.
 2922         2. For any source that operates for fewer hours during the
 2923  calendar year than allowed under its permit, the annual fee
 2924  calculation must be based upon actual hours of operation rather
 2925  than allowable hours if the owner or operator of the source
 2926  documents the source’s actual hours of operation for the
 2927  calendar year. For any source that has an emissions limit that
 2928  is dependent upon the type of fuel burned, the annual fee
 2929  calculation must be based on the emissions limit applicable
 2930  during actual hours of operation.
 2931         3. For any source whose allowable emission limitation is
 2932  specified by permit per units of material input or heat input or
 2933  product output, the applicable input or production amount may be
 2934  used to calculate the allowable emissions if the owner or
 2935  operator of the source documents the actual input or production
 2936  amount. If the input or production amount is not documented, the
 2937  maximum allowable input or production amount specified in the
 2938  permit must be used to calculate the allowable emissions.
 2939         4. For any new source that does not receive its first
 2940  operation permit until after the beginning of a calendar year,
 2941  the annual fee for the year must be reduced pro rata to reflect
 2942  the period during which the source was not allowed to operate.
 2943         5. For any source that emits less of any regulated air
 2944  pollutant than allowed by permit condition, the annual fee
 2945  calculation for such pollutant must be based upon actual
 2946  emissions rather than allowable emissions if the owner or
 2947  operator documents the source’s actual emissions by means of
 2948  data from a department-approved certified continuous emissions
 2949  monitor or from an emissions monitoring method which has been
 2950  approved by the United States Environmental Protection Agency
 2951  under the regulations implementing 42 U.S.C. ss. 7651 et seq.,
 2952  or from a method approved by the department for purposes of this
 2953  section.
 2954         6. The amount of each regulated air pollutant in excess of
 2955  4,000 tons per year allowed to be emitted by any source, or
 2956  group of sources belonging to the same Major Group as described
 2957  in the Standard Industrial Classification Manual, 1987, may not
 2958  be included in the calculation of the fee. Any source, or group
 2959  of sources, which does not emit any regulated air pollutant in
 2960  excess of 4,000 tons per year, is allowed a one-time credit not
 2961  to exceed 25 percent of the first annual licensing fee for the
 2962  prorated portion of existing air-operation permit application
 2963  fees remaining upon commencement of the annual licensing fees.
 2964         7. If the department has not received the fee by February
 2965  15 of the calendar year, the permittee must be sent a written
 2966  warning of the consequences for failing to pay the fee by March
 2967  1. If the fee is not postmarked by March 1 of the calendar year,
 2968  the department shall impose, in addition to the fee, a penalty
 2969  of 50 percent of the amount of the fee, plus interest on such
 2970  amount computed in accordance with s. 220.807. The department
 2971  may not impose such penalty or interest on any amount underpaid,
 2972  provided that the permittee has timely remitted payment of at
 2973  least 90 percent of the amount determined to be due and remits
 2974  full payment within 60 days after receipt of notice of the
 2975  amount underpaid. The department may waive the collection of
 2976  underpayment and shall not be required to refund overpayment of
 2977  the fee, if the amount due is less than 1 percent of the fee, up
 2978  to $50. The department may revoke any major air pollution source
 2979  operation permit if it finds that the permitholder has failed to
 2980  timely pay any required annual operation license fee, penalty,
 2981  or interest.
 2982         8. Notwithstanding the computational provisions of this
 2983  subsection, the annual operation license fee for any source
 2984  subject to this section shall not be less than $250, except that
 2985  the annual operation license fee for sources permitted solely
 2986  through general permits issued under s. 403.814 shall not exceed
 2987  $50 per year.
 2988         9. Notwithstanding the provisions of s. 403.087(6)(a)5.a.
 2989  403.087(6)(a)4.a., authorizing air pollution construction permit
 2990  fees, the department may not require such fees for changes or
 2991  additions to a major source of air pollution permitted pursuant
 2992  to this section, unless the activity triggers permitting
 2993  requirements under Title I, Part C or Part D, of the federal
 2994  Clean Air Act, 42 U.S.C. ss. 7470-7514a. Costs to issue and
 2995  administer such permits shall be considered direct and indirect
 2996  costs of the major stationary source air-operation permit
 2997  program under s. 403.0873. The department shall, however,
 2998  require fees pursuant to the provisions of s. 403.087(6)(a)5.a.
 2999  403.087(6)(a)4.a. for the construction of a new major source of
 3000  air pollution that will be subject to the permitting
 3001  requirements of this section once constructed and for activities
 3002  triggering permitting requirements under Title I, Part C or Part
 3003  D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a.
 3004         Reviser’s note.—Amended to conform to the
 3005         redesignation of s. 403.087(6)(a)4.a. as s.
 3006         403.087(6)(a)5.a. by s. 19, ch. 2008-150, Laws of
 3007         Florida.
 3008         Section 86. Subsection (8) of section 403.93345, Florida
 3009  Statutes, is amended to read:
 3010         403.93345 Coral reef protection.—
 3011         (8) In addition to the compensation described in subsection
 3012  (5), the department may assess, per occurrence, civil penalties
 3013  according to the following schedule:
 3014         (a) For any anchoring of a vessel on a coral reef or for
 3015  any other damage to a coral reef totaling less than or equal to
 3016  an area of 1 square meter, $150, provided that a responsible
 3017  party who has anchored a recreational vessel as defined in s.
 3018  327.02 which is lawfully registered or exempt from registration
 3019  pursuant to chapter 328 is issued, at least once, a warning
 3020  letter in lieu of penalty; with aggravating circumstances, an
 3021  additional $150; occurring within a state park or aquatic
 3022  preserve, an additional $150.
 3023         (b) For damage totaling more than an area of 1 square meter
 3024  but less than or equal to an area of 10 square meters, $300 per
 3025  square meter; with aggravating circumstances, an additional $300
 3026  per square meter; occurring within a state park or aquatic
 3027  preserve, an additional $300 per square meter.
 3028         (c) For damage exceeding an area of 10 square meters,
 3029  $1,000 per square meter; with aggravating circumstances, an
 3030  additional $1,000 per square meter; occurring within a state
 3031  park or aquatic preserve, an additional $1,000 per square meter.
 3032         (d) For a second violation, the total penalty may be
 3033  doubled.
 3034         (e) For a third violation, the total penalty may be
 3035  tripled.
 3036         (f) For any violation after a third violation, the total
 3037  penalty may be quadrupled.
 3038         (g) The total of penalties levied may not exceed $250,000
 3039  per occurrence.
 3040         Reviser’s note.—Amended to confirm an editorial
 3041         insertion made to improve clarity.
 3042         Section 87. Section 403.9336, Florida Statutes, is amended
 3043  to read:
 3044         403.9336 Legislative findings.—The Legislature finds that
 3045  the implementation of the Model Ordinance for Florida-Friendly
 3046  Fertilizer Use on Urban Landscapes (2008), which was developed
 3047  by the department in conjunction with the Florida Consumer
 3048  Fertilizer Task Force, the Department of Agriculture and
 3049  Consumer Services, and the University of Florida Institute of
 3050  Food and Agricultural Sciences, will assist in protecting the
 3051  quality of Florida’s surface water and groundwater resources.
 3052  The Legislature further finds that local conditions, including
 3053  variations in the types and quality of water bodies, site
 3054  specific soils and geology, and urban or rural densities and
 3055  characteristics, may necessitate the implementation of
 3056  additional or more stringent fertilizer management practices at
 3057  the local government level.
 3058         Reviser’s note.—Amended to conform to the name of the
 3059         task force as created in s. 576.092; the task force
 3060         has been abolished, and s. 576.092 is repealed by this
 3061         act.
 3062         Section 88. Subsections (6) and (7) of section 408.0361,
 3063  Florida Statutes, are repealed.
 3064         Reviser’s note.—Subsection (6) is repealed to delete
 3065         language establishing an advisory group to study the
 3066         issue of replacing certificate-of-need review of organ
 3067         transplant programs with licensure regulation of organ
 3068         transplant programs and to submit a report by July 1,
 3069         2005. Subsection (7) is repealed to delete language
 3070         establishing a workgroup to study certificate-of-need
 3071         regulations and changing market conditions related to
 3072         the supply and distribution of hospital beds and to
 3073         submit a report by July 1, 2005.
 3074         Section 89. Paragraph (k) of subsection (3) of section
 3075  408.05, Florida Statutes, is amended to read:
 3076         408.05 Florida Center for Health Information and Policy
 3077  Analysis.—
 3078         (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.—In order to
 3079  produce comparable and uniform health information and statistics
 3080  for the development of policy recommendations, the agency shall
 3081  perform the following functions:
 3082         (k) Develop, in conjunction with the State Consumer Health
 3083  Information and Policy Advisory Council, and implement a long
 3084  range plan for making available health care quality measures and
 3085  financial data that will allow consumers to compare health care
 3086  services. The health care quality measures and financial data
 3087  the agency must make available shall include, but is not limited
 3088  to, pharmaceuticals, physicians, health care facilities, and
 3089  health plans and managed care entities. The agency shall submit
 3090  the initial plan to the Governor, the President of the Senate,
 3091  and the Speaker of the House of Representatives by January 1,
 3092  2006, and shall update the plan and report on the status of its
 3093  implementation annually thereafter. The agency shall also make
 3094  the plan and status report available to the public on its
 3095  Internet website. As part of the plan, the agency shall identify
 3096  the process and timeframes for implementation, any barriers to
 3097  implementation, and recommendations of changes in the law that
 3098  may be enacted by the Legislature to eliminate the barriers. As
 3099  preliminary elements of the plan, the agency shall:
 3100         1. Make available patient-safety indicators, inpatient
 3101  quality indicators, and performance outcome and patient charge
 3102  data collected from health care facilities pursuant to s.
 3103  408.061(1)(a) and (2). The terms “patient-safety indicators” and
 3104  “inpatient quality indicators” shall be as defined by the
 3105  Centers for Medicare and Medicaid Services, the National Quality
 3106  Forum, the Joint Commission on Accreditation of Healthcare
 3107  Organizations, the Agency for Healthcare Research and Quality,
 3108  the Centers for Disease Control and Prevention, or a similar
 3109  national entity that establishes standards to measure the
 3110  performance of health care providers, or by other states. The
 3111  agency shall determine which conditions, procedures, health care
 3112  quality measures, and patient charge data to disclose based upon
 3113  input from the council. When determining which conditions and
 3114  procedures are to be disclosed, the council and the agency shall
 3115  consider variation in costs, variation in outcomes, and
 3116  magnitude of variations and other relevant information. When
 3117  determining which health care quality measures to disclose, the
 3118  agency:
 3119         a. Shall consider such factors as volume of cases; average
 3120  patient charges; average length of stay; complication rates;
 3121  mortality rates; and infection rates, among others, which shall
 3122  be adjusted for case mix and severity, if applicable.
 3123         b. May consider such additional measures that are adopted
 3124  by the Centers for Medicare and Medicaid Studies, National
 3125  Quality Forum, the Joint Commission on Accreditation of
 3126  Healthcare Organizations, the Agency for Healthcare Research and
 3127  Quality, Centers for Disease Control and Prevention, or a
 3128  similar national entity that establishes standards to measure
 3129  the performance of health care providers, or by other states.
 3130  
 3131  When determining which patient charge data to disclose, the
 3132  agency shall include such measures as the average of
 3133  undiscounted charges on frequently performed procedures and
 3134  preventive diagnostic procedures, the range of procedure charges
 3135  from highest to lowest, average net revenue per adjusted patient
 3136  day, average cost per adjusted patient day, and average cost per
 3137  admission, among others.
 3138         2. Make available performance measures, benefit design, and
 3139  premium cost data from health plans licensed pursuant to chapter
 3140  627 or chapter 641. The agency shall determine which health care
 3141  quality measures and member and subscriber cost data to
 3142  disclose, based upon input from the council. When determining
 3143  which data to disclose, the agency shall consider information
 3144  that may be required by either individual or group purchasers to
 3145  assess the value of the product, which may include membership
 3146  satisfaction, quality of care, current enrollment or membership,
 3147  coverage areas, accreditation status, premium costs, plan costs,
 3148  premium increases, range of benefits, copayments and
 3149  deductibles, accuracy and speed of claims payment, credentials
 3150  of physicians, number of providers, names of network providers,
 3151  and hospitals in the network. Health plans shall make available
 3152  to the agency any such data or information that is not currently
 3153  reported to the agency or the office.
 3154         3. Determine the method and format for public disclosure of
 3155  data reported pursuant to this paragraph. The agency shall make
 3156  its determination based upon input from the State Consumer
 3157  Health Information and Policy Advisory Council. At a minimum,
 3158  the data shall be made available on the agency’s Internet
 3159  website in a manner that allows consumers to conduct an
 3160  interactive search that allows them to view and compare the
 3161  information for specific providers. The website must include
 3162  such additional information as is determined necessary to ensure
 3163  that the website enhances informed decisionmaking among
 3164  consumers and health care purchasers, which shall include, at a
 3165  minimum, appropriate guidance on how to use the data and an
 3166  explanation of why the data may vary from provider to provider.
 3167  The data specified in subparagraph 1. shall be released no later
 3168  than January 1, 2006, for the reporting of infection rates, and
 3169  no later than October 1, 2005, for mortality rates and
 3170  complication rates. The data specified in subparagraph 2. shall
 3171  be released no later than October 1, 2006.
 3172         4. Publish on its website undiscounted charges for no fewer
 3173  than 150 of the most commonly performed adult and pediatric
 3174  procedures, including outpatient, inpatient, diagnostic, and
 3175  preventative procedures.
 3176         Reviser’s note.—Amended to delete provisions that have
 3177         served their purpose.
 3178         Section 90. Subsection (25) of section 408.820, Florida
 3179  Statutes, is amended to read:
 3180         408.820 Exemptions.—Except as prescribed in authorizing
 3181  statutes, the following exemptions shall apply to specified
 3182  requirements of this part:
 3183         (25) Health care clinics, as provided under part X of
 3184  chapter 400, are exempt from s. 408.810(6), (7), and (10).
 3185         Reviser’s note.—Amended to confirm an editorial
 3186         insertion made to improve clarity.
 3187         Section 91. Subsection (3) of section 409.816, Florida
 3188  Statutes, is amended to read:
 3189         409.816 Limitations on premiums and cost-sharing.—The
 3190  following limitations on premiums and cost-sharing are
 3191  established for the program.
 3192         (3) Enrollees in families with a family income above 150
 3193  percent of the federal poverty level who are not receiving
 3194  coverage under the Medicaid program or who are not eligible
 3195  under s. 409.814(6) 409.814(7) may be required to pay enrollment
 3196  fees, premiums, copayments, deductibles, coinsurance, or similar
 3197  charges on a sliding scale related to income, except that the
 3198  total annual aggregate cost-sharing with respect to all children
 3199  in a family may not exceed 5 percent of the family’s income.
 3200  However, copayments, deductibles, coinsurance, or similar
 3201  charges may not be imposed for preventive services, including
 3202  well-baby and well-child care, age-appropriate immunizations,
 3203  and routine hearing and vision screenings.
 3204         Reviser’s note.—Amended to correct an apparent error
 3205         and conform to context. The reference was to s.
 3206         409.814(5) prior to amendment of s. 409.816(3) by s.
 3207         9, ch. 2009-113, Laws of Florida; s. 7, ch. 2009-113,
 3208         redesignated s. 409.814(5) as s. 409.814(6).
 3209         Section 92. Subsection (5) of section 409.905, Florida
 3210  Statutes, is reenacted to read:
 3211         409.905 Mandatory Medicaid services.—The agency may make
 3212  payments for the following services, which are required of the
 3213  state by Title XIX of the Social Security Act, furnished by
 3214  Medicaid providers to recipients who are determined to be
 3215  eligible on the dates on which the services were provided. Any
 3216  service under this section shall be provided only when medically
 3217  necessary and in accordance with state and federal law.
 3218  Mandatory services rendered by providers in mobile units to
 3219  Medicaid recipients may be restricted by the agency. Nothing in
 3220  this section shall be construed to prevent or limit the agency
 3221  from adjusting fees, reimbursement rates, lengths of stay,
 3222  number of visits, number of services, or any other adjustments
 3223  necessary to comply with the availability of moneys and any
 3224  limitations or directions provided for in the General
 3225  Appropriations Act or chapter 216.
 3226         (5) HOSPITAL INPATIENT SERVICES.—The agency shall pay for
 3227  all covered services provided for the medical care and treatment
 3228  of a recipient who is admitted as an inpatient by a licensed
 3229  physician or dentist to a hospital licensed under part I of
 3230  chapter 395. However, the agency shall limit the payment for
 3231  inpatient hospital services for a Medicaid recipient 21 years of
 3232  age or older to 45 days or the number of days necessary to
 3233  comply with the General Appropriations Act.
 3234         (a) The agency is authorized to implement reimbursement and
 3235  utilization management reforms in order to comply with any
 3236  limitations or directions in the General Appropriations Act,
 3237  which may include, but are not limited to: prior authorization
 3238  for inpatient psychiatric days; prior authorization for
 3239  nonemergency hospital inpatient admissions for individuals 21
 3240  years of age and older; authorization of emergency and urgent
 3241  care admissions within 24 hours after admission; enhanced
 3242  utilization and concurrent review programs for highly utilized
 3243  services; reduction or elimination of covered days of service;
 3244  adjusting reimbursement ceilings for variable costs; adjusting
 3245  reimbursement ceilings for fixed and property costs; and
 3246  implementing target rates of increase. The agency may limit
 3247  prior authorization for hospital inpatient services to selected
 3248  diagnosis-related groups, based on an analysis of the cost and
 3249  potential for unnecessary hospitalizations represented by
 3250  certain diagnoses. Admissions for normal delivery and newborns
 3251  are exempt from requirements for prior authorization. In
 3252  implementing the provisions of this section related to prior
 3253  authorization, the agency shall ensure that the process for
 3254  authorization is accessible 24 hours per day, 7 days per week
 3255  and authorization is automatically granted when not denied
 3256  within 4 hours after the request. Authorization procedures must
 3257  include steps for review of denials. Upon implementing the prior
 3258  authorization program for hospital inpatient services, the
 3259  agency shall discontinue its hospital retrospective review
 3260  program.
 3261         (b) A licensed hospital maintained primarily for the care
 3262  and treatment of patients having mental disorders or mental
 3263  diseases is not eligible to participate in the hospital
 3264  inpatient portion of the Medicaid program except as provided in
 3265  federal law. However, the department shall apply for a waiver,
 3266  within 9 months after June 5, 1991, designed to provide
 3267  hospitalization services for mental health reasons to children
 3268  and adults in the most cost-effective and lowest cost setting
 3269  possible. Such waiver shall include a request for the
 3270  opportunity to pay for care in hospitals known under federal law
 3271  as “institutions for mental disease” or “IMD’s.” The waiver
 3272  proposal shall propose no additional aggregate cost to the state
 3273  or Federal Government, and shall be conducted in Hillsborough
 3274  County, Highlands County, Hardee County, Manatee County, and
 3275  Polk County. The waiver proposal may incorporate competitive
 3276  bidding for hospital services, comprehensive brokering, prepaid
 3277  capitated arrangements, or other mechanisms deemed by the
 3278  department to show promise in reducing the cost of acute care
 3279  and increasing the effectiveness of preventive care. When
 3280  developing the waiver proposal, the department shall take into
 3281  account price, quality, accessibility, linkages of the hospital
 3282  to community services and family support programs, plans of the
 3283  hospital to ensure the earliest discharge possible, and the
 3284  comprehensiveness of the mental health and other health care
 3285  services offered by participating providers.
 3286         (c) The agency shall adjust a hospital’s current inpatient
 3287  per diem rate to reflect the cost of serving the Medicaid
 3288  population at that institution if:
 3289         1. The hospital experiences an increase in Medicaid
 3290  caseload by more than 25 percent in any year, primarily
 3291  resulting from the closure of a hospital in the same service
 3292  area occurring after July 1, 1995;
 3293         2. The hospital’s Medicaid per diem rate is at least 25
 3294  percent below the Medicaid per patient cost for that year; or
 3295         3. The hospital is located in a county that has six or
 3296  fewer general acute care hospitals, began offering obstetrical
 3297  services on or after September 1999, and has submitted a request
 3298  in writing to the agency for a rate adjustment after July 1,
 3299  2000, but before September 30, 2000, in which case such
 3300  hospital’s Medicaid inpatient per diem rate shall be adjusted to
 3301  cost, effective July 1, 2002.
 3302  
 3303  By October 1 of each year, the agency must provide estimated
 3304  costs for any adjustment in a hospital inpatient per diem rate
 3305  to the Executive Office of the Governor, the House of
 3306  Representatives General Appropriations Committee, and the Senate
 3307  Appropriations Committee. Before the agency implements a change
 3308  in a hospital’s inpatient per diem rate pursuant to this
 3309  paragraph, the Legislature must have specifically appropriated
 3310  sufficient funds in the General Appropriations Act to support
 3311  the increase in cost as estimated by the agency.
 3312         (d) The agency shall implement a hospitalist program in
 3313  nonteaching hospitals, select counties, or statewide. The
 3314  program shall require hospitalists to manage Medicaid
 3315  recipients’ hospital admissions and lengths of stay. Individuals
 3316  who are dually eligible for Medicare and Medicaid are exempted
 3317  from this requirement. Medicaid participating physicians and
 3318  other practitioners with hospital admitting privileges shall
 3319  coordinate and review admissions of Medicaid recipients with the
 3320  hospitalist. The agency may competitively bid a contract for
 3321  selection of a single qualified organization to provide
 3322  hospitalist services. The agency may procure hospitalist
 3323  services by individual county or may combine counties in a
 3324  single procurement. The qualified organization shall contract
 3325  with or employ board-eligible physicians in Miami-Dade, Palm
 3326  Beach, Hillsborough, Pasco, and Pinellas Counties. The agency is
 3327  authorized to seek federal waivers to implement this program.
 3328         (e) The agency shall implement a comprehensive utilization
 3329  management program for hospital neonatal intensive care stays in
 3330  certain high-volume participating hospitals, select counties, or
 3331  statewide, and shall replace existing hospital inpatient
 3332  utilization management programs for neonatal intensive care
 3333  admissions. The program shall be designed to manage the lengths
 3334  of stay for children being treated in neonatal intensive care
 3335  units and must seek the earliest medically appropriate discharge
 3336  to the child’s home or other less costly treatment setting. The
 3337  agency may competitively bid a contract for selection of a
 3338  qualified organization to provide neonatal intensive care
 3339  utilization management services. The agency is authorized to
 3340  seek any federal waivers to implement this initiative.
 3341         Reviser’s note.—Section 5, ch. 2009-55, Laws of
 3342         Florida, amended subsection (5) of s. 409.905 without
 3343         publishing existing paragraphs (a), (b), (d), and (e).
 3344         Absent affirmative evidence of legislative intent to
 3345         repeal existing paragraphs (5)(a), (b), (d), and (e),
 3346         subsection (5) is reenacted to confirm that the
 3347         omission was not intended.
 3348         Section 93. Paragraph (b) of subsection (12) of section
 3349  409.908, Florida Statutes, is amended to read:
 3350         409.908 Reimbursement of Medicaid providers.—Subject to
 3351  specific appropriations, the agency shall reimburse Medicaid
 3352  providers, in accordance with state and federal law, according
 3353  to methodologies set forth in the rules of the agency and in
 3354  policy manuals and handbooks incorporated by reference therein.
 3355  These methodologies may include fee schedules, reimbursement
 3356  methods based on cost reporting, negotiated fees, competitive
 3357  bidding pursuant to s. 287.057, and other mechanisms the agency
 3358  considers efficient and effective for purchasing services or
 3359  goods on behalf of recipients. If a provider is reimbursed based
 3360  on cost reporting and submits a cost report late and that cost
 3361  report would have been used to set a lower reimbursement rate
 3362  for a rate semester, then the provider’s rate for that semester
 3363  shall be retroactively calculated using the new cost report, and
 3364  full payment at the recalculated rate shall be effected
 3365  retroactively. Medicare-granted extensions for filing cost
 3366  reports, if applicable, shall also apply to Medicaid cost
 3367  reports. Payment for Medicaid compensable services made on
 3368  behalf of Medicaid eligible persons is subject to the
 3369  availability of moneys and any limitations or directions
 3370  provided for in the General Appropriations Act or chapter 216.
 3371  Further, nothing in this section shall be construed to prevent
 3372  or limit the agency from adjusting fees, reimbursement rates,
 3373  lengths of stay, number of visits, or number of services, or
 3374  making any other adjustments necessary to comply with the
 3375  availability of moneys and any limitations or directions
 3376  provided for in the General Appropriations Act, provided the
 3377  adjustment is consistent with legislative intent.
 3378         (12)
 3379         (b) The agency shall adopt a fee schedule, subject to any
 3380  limitations or directions provided for in the General
 3381  Appropriations Act, based on a resource-based relative value
 3382  scale for pricing Medicaid physician services. Under this fee
 3383  schedule, physicians shall be paid a dollar amount for each
 3384  service based on the average resources required to provide the
 3385  service, including, but not limited to, estimates of average
 3386  physician time and effort, practice expense, and the costs of
 3387  professional liability insurance. The fee schedule shall provide
 3388  increased reimbursement for preventive and primary care services
 3389  and lowered reimbursement for specialty services by using at
 3390  least two conversion factors, one for cognitive services and
 3391  another for procedural services. The fee schedule shall not
 3392  increase total Medicaid physician expenditures unless moneys are
 3393  available, and shall be phased in over a 2-year period beginning
 3394  on July 1, 1994. The Agency for Health Care Administration shall
 3395  seek the advice of a 16-member advisory panel in formulating and
 3396  adopting the fee schedule. The panel shall consist of Medicaid
 3397  physicians licensed under chapters 458 and 459 and shall be
 3398  composed of 50 percent primary care physicians and 50 percent
 3399  specialty care physicians.
 3400         Reviser’s note.—Amended to delete obsolete language.
 3401         Section 94. Subsection (5) of section 409.911, Florida
 3402  Statutes, is amended to read:
 3403         409.911 Disproportionate share program.—Subject to specific
 3404  allocations established within the General Appropriations Act
 3405  and any limitations established pursuant to chapter 216, the
 3406  agency shall distribute, pursuant to this section, moneys to
 3407  hospitals providing a disproportionate share of Medicaid or
 3408  charity care services by making quarterly Medicaid payments as
 3409  required. Notwithstanding the provisions of s. 409.915, counties
 3410  are exempt from contributing toward the cost of this special
 3411  reimbursement for hospitals serving a disproportionate share of
 3412  low-income patients.
 3413         (5) The following formula shall be used to pay
 3414  disproportionate share dollars to provider service network (PSN)
 3415  hospitals:
 3416                 DSHP = TAAPSNH x (IHPSND x THPSND)                
 3417  
 3418  Where:
 3419         DSHP = Disproportionate share hospital payments.
 3420         TAAPSNH = Total amount available for PSN hospitals.
 3421         IHPSND = Individual hospital PSN days.
 3422         THPSND = Total of all hospital PSN days.
 3423  
 3424  For purposes of this subsection paragraph, the PSN inpatient
 3425  days shall be provided in the General Appropriations Act.
 3426         Reviser’s note.—Amended to confirm an editorial
 3427         substitution; subsection (5) is not divided into
 3428         paragraphs.
 3429         Section 95. Paragraph (f) of subsection (5) and paragraph
 3430  (g) of subsection (15) of section 409.912, Florida Statutes, are
 3431  repealed.
 3432         Reviser’s note.—Paragraph (5)(f) is repealed to delete
 3433         language requiring a report due by December 31, 2007,
 3434         analyzing the merits and challenges of seeking a
 3435         waiver to implement a voluntary program that
 3436         integrates payments and services for dually enrolled
 3437         Medicare and Medicaid recipients who are 65 years of
 3438         age or older. Paragraph (15)(g) is repealed to delete
 3439         language requiring a report due by July 1, 2005,
 3440         regarding the impact to the state of modifying level
 3441         of-care criteria to eliminate the Intermediate II
 3442         level of care.
 3443         Section 96. Subsection (14) of section 409.91211, Florida
 3444  Statutes, is amended to read:
 3445         409.91211 Medicaid managed care pilot program.—
 3446         (14) It is the intent of the Legislature that if any
 3447  conflict exists between the provisions contained in this section
 3448  and other provisions of this chapter which relate to the
 3449  implementation of the Medicaid managed care pilot program, the
 3450  provisions contained in this section shall control. The agency
 3451  shall provide a written report to the Legislature by April 1,
 3452  2006, identifying any provisions of this chapter which conflict
 3453  with the implementation of the Medicaid managed care pilot
 3454  program created in this section. After April 1, 2006, The agency
 3455  shall provide a written report to the Legislature immediately
 3456  upon identifying any provisions of this chapter which conflict
 3457  with the implementation of the Medicaid managed care pilot
 3458  program created in this section.
 3459         Reviser’s note.—Amended to delete provisions that have
 3460         served their purpose.
 3461         Section 97. Subsection (2) of section 420.628, Florida
 3462  Statutes, is amended to read:
 3463         420.628 Affordable housing for children and young adults
 3464  leaving foster care; legislative findings and intent.—
 3465         (2) Young adults who leave the child welfare system meet
 3466  the definition of eligible persons under ss. 420.503(17) and
 3467  420.9071(10) ss.420.503(7) and 420.907(10) for affordable
 3468  housing, and are encouraged to participate in federal, state,
 3469  and local affordable housing programs. Students deemed to be
 3470  eligible occupants under 26 U.S.C. s. 42(i)(3)(D) shall be
 3471  considered eligible persons for purposes of all projects funded
 3472  under this chapter.
 3473         Reviser’s note.—Amended to confirm editorial
 3474         substitutions. Section 420.503(7) defines the term
 3475         “community housing development organization,” and
 3476         subsection (17) defines the term “eligible persons.”
 3477         Section 420.907(10) does not exist, and s.
 3478         420.9071(10) defines the term “eligible person.”
 3479         Section 98. Paragraph (f) of subsection (18) of section
 3480  430.04, Florida Statutes, is amended to read:
 3481         430.04 Duties and responsibilities of the Department of
 3482  Elderly Affairs.—The Department of Elderly Affairs shall:
 3483         (18) Administer all Medicaid waivers and programs relating
 3484  to elders and their appropriations. The waivers include, but are
 3485  not limited to:
 3486         (f) The Program of for All-inclusive Care for the Elderly.
 3487         Reviser’s note.—Amended to confirm an editorial
 3488         substitution made to conform to the correct name of
 3489         the program.
 3490         Section 99. Subsection (5) of section 440.105, Florida
 3491  Statutes, is amended to read:
 3492         440.105 Prohibited activities; reports; penalties;
 3493  limitations.—
 3494         (5) It shall be unlawful for any attorney or other person,
 3495  in his or her individual capacity or in his or her capacity as a
 3496  public or private employee or for any firm, corporation,
 3497  partnership, or association, to unlawfully solicit any business
 3498  in and about city or county hospitals, courts, or any public
 3499  institution or public place; in and about private hospitals or
 3500  sanitariums; in and about any private institution; or upon
 3501  private property of any character whatsoever for the purpose of
 3502  making workers’ compensation claims. Whoever violates any
 3503  provision of this subsection commits a felony of the second
 3504  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 3505  775.084 775.085.
 3506         Reviser’s note.—Amended to correct an apparent error
 3507         and facilitate correct interpretation. The reference
 3508         is not consistent with the contents of s. 775.085 but
 3509         is consistent with the contents of s. 775.084.
 3510         Section 100. Subsection (3) of section 443.1117, Florida
 3511  Statutes, is amended to read:
 3512         443.1117 Temporary extended benefits.—
 3513         (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in
 3514  subsection (4) (5):
 3515         (a) For any week for which there is an “on” indicator
 3516  pursuant to paragraph (2)(g) (3)(g), the total extended benefit
 3517  amount payable to an eligible individual for her or his
 3518  applicable benefit year is the lesser of:
 3519         1. Fifty percent of the total regular benefits payable
 3520  under this chapter in the applicable benefit year; or
 3521         2. Thirteen times the weekly benefit amount payable under
 3522  this chapter for a week of total unemployment in the applicable
 3523  benefit year.
 3524         (b) For any high unemployment period as defined in
 3525  paragraph (2)(h) (3)(h), the total extended benefit amount
 3526  payable to an eligible individual for her or his applicable
 3527  benefit year is the lesser of:
 3528         1. Eighty percent of the total regular benefits payable
 3529  under this chapter in the applicable benefit year; or
 3530         2. Twenty times the weekly benefit amount payable under
 3531  this chapter for a week of total unemployment in the applicable
 3532  benefit year.
 3533         Reviser’s note.—The introductory language to
 3534         subsection (3) is amended to correct an apparent error
 3535         and facilitate correct interpretation. Subsection (5)
 3536         does not exist; the content in subsection (4) relates
 3537         to extended benefit periods. Paragraph (3)(a) is
 3538         amended to confirm an editorial substitution;
 3539         paragraph (2)(g) defines the term “state ‘on’
 3540         indicator,” and paragraph (3)(g) does not exist.
 3541         Paragraph (3)(b) is amended to confirm an editorial
 3542         insertion; paragraph (2)(h) defines the term “high
 3543         unemployment period,” and paragraph (3)(h) does not
 3544         exist.
 3545         Section 101. Subsection (9) of section 445.049, Florida
 3546  Statutes, is repealed.
 3547         Reviser’s note.—Repealed to delete language requiring
 3548         the Digital Divide Council to submit a report by March
 3549         1, 2008, with results of the council’s monitoring,
 3550         reviewing, and evaluating of and recommendations on
 3551         certain programs.
 3552         Section 102. Section 450.231, Florida Statutes, is amended
 3553  to read:
 3554         450.231 Annual reports to Legislature.—The commission shall
 3555  report its findings, recommendations, and proposed legislation
 3556  to each regular session of the Legislature no later than
 3557  February 1 of each year beginning in 2006.
 3558         Reviser’s note.—Amended to delete a provision that has
 3559         served its purpose.
 3560         Section 103. Paragraph (c) of subsection (1) of section
 3561  456.041, Florida Statutes, is amended to read:
 3562         456.041 Practitioner profile; creation.—
 3563         (1)
 3564         (c) Within 30 calendar days after receiving an update of
 3565  information required for the practitioner’s profile, the
 3566  department shall update the practitioner’s profile in accordance
 3567  with the requirements of subsection (8) (7).
 3568         Reviser’s note.—Amended to conform to the
 3569         redesignation of subsection (7) as subsection (8) by
 3570         s. 22, ch. 2009-223, Laws of Florida.
 3571         Section 104. Subsections (7) and (8) of section 466.0067,
 3572  Florida Statutes, are amended to read:
 3573         466.0067 Application for health access dental license.—The
 3574  Legislature finds that there is an important state interest in
 3575  attracting dentists to practice in underserved health access
 3576  settings in this state and further, that allowing out-of-state
 3577  dentists who meet certain criteria to practice in health access
 3578  settings without the supervision of a dentist licensed in this
 3579  state is substantially related to achieving this important state
 3580  interest. Therefore, notwithstanding the requirements of s.
 3581  466.006, the board shall grant a health access dental license to
 3582  practice dentistry in this state in health access settings as
 3583  defined in s. 466.003(14) to an applicant that:
 3584         (7) Currently holds a valid, active, dental license in good
 3585  standing which has not been revoked, suspended, restricted, or
 3586  otherwise disciplined from another of the these United States,
 3587  the District of Columbia, or a United States territory;
 3588         (8) Has never had a license revoked from another of the
 3589  these United States, the District of Columbia, or a United
 3590  States territory;
 3591         Reviser’s note.—Amended to provide contextual
 3592         consistency within the Florida Statutes.
 3593         Section 105. Subsection (1) of section 472.016, Florida
 3594  Statutes, is amended to read:
 3595         472.016 Members of Armed Forces in good standing with the
 3596  board.—
 3597         (1) Any member of the Armed Forces of the United States who
 3598  is now or in the future on active duty and who, at the time of
 3599  becoming such a member of the Armed Forces, was in good standing
 3600  with the board and entitled to practice or engage in surveying
 3601  and mapping in the state shall be kept in good standing by the
 3602  board, without registering, paying dues or fees, or performing
 3603  any other act on his or her part to be performed, as long as he
 3604  or she is a member of the Armed Forces of the United States on
 3605  active duty and for a period of 6 months after discharge from
 3606  active duty, provided that he or she is not engaged in the
 3607  practice of surveying or mapping in the private sector for
 3608  profit.
 3609         Reviser’s note.—Amended to confirm an editorial
 3610         insertion made to improve clarity and facilitate
 3611         correct interpretation.
 3612         Section 106. Subsection (1) of section 472.036, Florida
 3613  Statutes, is amended to read:
 3614         472.036 Unlicensed practice of professional surveying and
 3615  mapping; cease and desist notice; civil penalty; enforcement;
 3616  citations; allocation of moneys collected.—
 3617         (1) When the department has probable cause to believe that
 3618  any person not licensed by the department or the board has
 3619  violated any provision of this chapter, or any rule adopted
 3620  pursuant to this chapter, the department may issue and deliver
 3621  to such person a notice to cease and desist from such violation.
 3622  In addition, the department may issue and deliver a notice to
 3623  cease and desist to any person who aids and abets the unlicensed
 3624  practice of surveying and mapping by employing such unlicensed
 3625  person. The issuance of a notice to cease and desist shall not
 3626  constitute agency action for which a hearing under ss. 120.569
 3627  and 120.57 may be sought. For the purpose of enforcing a cease
 3628  and desist order, the department may file a proceeding in the
 3629  name of the state seeking issuance of an injunction or a writ of
 3630  mandamus against any person who violates any provisions of such
 3631  order. In addition to the foregoing remedies, the department may
 3632  impose an administrative penalty not to exceed $5,000 per
 3633  incident pursuant to the provisions of chapter 120 or may issue
 3634  a citation pursuant to the provisions of subsection (3). If the
 3635  department is required to seek enforcement of the order for a
 3636  penalty pursuant to s. 120.569, it shall be entitled to collect
 3637  its attorney’s fees and costs, together with any cost of
 3638  collection.
 3639         Reviser’s note.—Amended to confirm an editorial
 3640         insertion made to improve clarity and facilitate
 3641         correct interpretation.
 3642         Section 107. Subsection (4) of section 473.315, Florida
 3643  Statutes, is amended to read:
 3644         473.315 Independence, technical standards.—
 3645         (4) Attorneys who are admitted to practice law by the
 3646  Supreme Court of Florida are exempt from the standards of
 3647  practice of public accounting as defined in s. 473.302(8)(b) and
 3648  (c) 473.302(7)(b) and (c) when such standards conflict with the
 3649  rules of The Florida Bar or orders of the Florida Supreme Court.
 3650         Reviser’s note.—Amended to conform to the
 3651         redesignation of s. 473.302(7)(b) and (c) as s.
 3652         473.302(8)(b) and (c) by s. 3, ch. 2009-54, Laws of
 3653         Florida.
 3654         Section 108. Paragraph (f) of subsection (5) of section
 3655  489.119, Florida Statutes, is amended to read:
 3656         489.119 Business organizations; qualifying agents.—
 3657         (5)
 3658         (f) In addition to any other penalty prescribed by law, a
 3659  local government may impose a civil fine pursuant to s.
 3660  489.127(5) against a person who is not certified or registered
 3661  under this part if the person:
 3662         1. Claims to be licensed in any offer of services, business
 3663  proposal, bid, contract, or advertisement, but who does not
 3664  possess a valid competency-based license issued by a local
 3665  government in this state to perform the specified construction
 3666  services; or
 3667         2. Claims to be insured in any offer of services, business
 3668  proposal, bid, contract, or advertisement, but whose performance
 3669  of the subject work is not covered by a general liability or
 3670  workers’ compensation insurance policy.
 3671         Reviser’s note.—Amended to confirm an editorial
 3672         deletion made to improve clarity.
 3673         Section 109. Effective October 1, 2010, subsection (3) of
 3674  section 494.00321, Florida Statutes, as created by section 27 of
 3675  chapter 2009-241, Laws of Florida, is amended to read:
 3676         494.00321 Mortgage broker license.—
 3677         (3) An application is considered received for the purposes
 3678  of s. 120.60 upon the office’s receipt of all documentation from
 3679  the registry, including the completed application form, criminal
 3680  history information, and independent credit report, as well as
 3681  the license application fee, the fee required by s. 494.00172
 3682  492.00172, and all applicable fingerprinting processing fees.
 3683         Reviser’s note.—Amended to confirm an editorial
 3684         substitution; s. 494.00172 includes material relating
 3685         to fees, and s. 492.00172 does not exist.
 3686         Section 110. Effective October 1, 2010, paragraph (f) of
 3687  subsection (2) of section 494.00611, Florida Statutes, as
 3688  created by section 43 of chapter 2009-241, Laws of Florida, is
 3689  amended to read:
 3690         494.00611 Mortgage lender license.—
 3691         (2) In order to apply for a mortgage lender license, an
 3692  applicant must:
 3693         (f) Submit a copy of the applicant’s financial audit report
 3694  for the most recent fiscal year which, pursuant to United States
 3695  generally accepted accounting principles. If the applicant is a
 3696  wholly owned subsidiary of another corporation, the financial
 3697  audit report for the parent corporation satisfies this
 3698  requirement. The commission may establish by rule the form and
 3699  procedures for filing the financial audit report, including the
 3700  requirement to file the report with the registry when technology
 3701  is available. The financial audit report must document that the
 3702  applicant has a bona fide and verifiable net worth, of at least
 3703  $63,000 if the applicant is not seeking a servicing endorsement,
 3704  or at least $250,000 if the applicant is seeking a servicing
 3705  endorsement, which must be continuously maintained as a
 3706  condition of licensure. However, if the applicant held an active
 3707  license issued before October 1, 2010, pursuant to former s.
 3708  494.0065, and the applicant is seeking a servicing endorsement,
 3709  the minimum net worth requirement:
 3710         1. Until September 30, 2011, is $63,000.
 3711         2. Between October 1, 2011, and September 30, 2012, is
 3712  $125,000.
 3713         3. On or after October 1, 2012, is $250,000.
 3714         Reviser’s note.—Amended to confirm an editorial
 3715         deletion made to improve clarity and facilitate
 3716         correct interpretation.
 3717         Section 111. Effective October 1, 2010, subsection (2) of
 3718  section 494.0066, Florida Statutes, as amended by section 49 of
 3719  chapter 2009-241, Laws of Florida, is amended to read:
 3720         494.0066 Branch offices.—
 3721         (2) The office shall issue a branch office license to a
 3722  mortgage lender after the office determines that the mortgage
 3723  lender has submitted a completed branch office application form
 3724  as prescribed by rule by the commission and an initial
 3725  nonrefundable branch office license fee of $225 per branch
 3726  office. Application fees may not be prorated for partial years
 3727  of licensure. The branch office application must include the
 3728  name and license number of the mortgage lender under this part,
 3729  the name of the branch manager in charge of the branch office,
 3730  and the address of the branch office. The branch office license
 3731  shall be issued in the name of the mortgage lender and must be
 3732  renewed in conjunction with the license renewal. An application
 3733  is considered received for purposes of s. 120.60 upon receipt of
 3734  a completed branch office renewal form, as prescribed by
 3735  commission rule, and the required fees.
 3736         Reviser’s note.—Amended to confirm an editorial
 3737         insertion made to provide clarity.
 3738         Section 112. Paragraph (a) of subsection (5) of section
 3739  501.1377, Florida Statutes, is amended to read:
 3740         501.1377 Violations involving homeowners during the course
 3741  of residential foreclosure proceedings.—
 3742         (5) FORECLOSURE-RESCUE TRANSACTIONS; WRITTEN AGREEMENT.—
 3743         (a)1. A foreclosure-rescue transaction must include a
 3744  written agreement prepared in at least 12-point uppercase type
 3745  that is completed, signed, and dated by the homeowner and the
 3746  equity purchaser before executing any instrument from the
 3747  homeowner to the equity purchaser quitclaiming, assigning,
 3748  transferring, conveying, or encumbering an interest in the
 3749  residential real property in foreclosure. The equity purchaser
 3750  must give the homeowner a copy of the completed agreement within
 3751  3 hours after the homeowner signs the agreement. The agreement
 3752  must contain the entire understanding of the parties and must
 3753  include:
 3754         a. The name, business address, and telephone number of the
 3755  equity purchaser.
 3756         b. The street address and full legal description of the
 3757  property.
 3758         c. Clear and conspicuous disclosure of any financial or
 3759  legal obligations of the homeowner that will be assumed by the
 3760  equity purchaser.
 3761         d. The total consideration to be paid by the equity
 3762  purchaser in connection with or incident to the acquisition of
 3763  the property by the equity purchaser.
 3764         e. The terms of payment or other consideration, including,
 3765  but not limited to, any services that the equity purchaser
 3766  represents will be performed for the homeowner before or after
 3767  the sale.
 3768         f. The date and time when possession of the property is to
 3769  be transferred to the equity purchaser.
 3770         2. A foreclosure-rescue transaction agreement must contain,
 3771  above the signature line, a statement in at least 12-point
 3772  uppercase type that substantially complies with the following:
 3773  
 3774         I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY
 3775         HOME TO THE OTHER UNDERSIGNED PARTY.
 3776         3. A foreclosure-rescue transaction agreement must state
 3777  the specifications of any option or right to repurchase the
 3778  residential real property in foreclosure, including the specific
 3779  amounts of any escrow payments or deposit, down payment,
 3780  purchase price, closing costs, commissions, or other fees or
 3781  costs.
 3782         4. A foreclosure-rescue transaction agreement must comply
 3783  with all applicable provisions of 15 U.S.C. ss. 1601 1600 et
 3784  seq. and related regulations.
 3785         Reviser’s note.—Amended to conform to the fact that 15
 3786         U.S.C. s. 1600 does not exist; the Truth in Lending
 3787         Act is cited as 15 U.S.C. ss. 1601 et seq.
 3788         Section 113. Subsection (5) of section 517.191, Florida
 3789  Statutes, is amended to read:
 3790         517.191 Injunction to restrain violations; civil penalties;
 3791  enforcement by Attorney General.—
 3792         (5) In addition to all other means provided by law for
 3793  enforcing any of the provisions of this chapter, when the
 3794  Attorney General, upon complaint or otherwise, has reason to
 3795  believe that a person has engaged or is engaged in any act or
 3796  practice constituting a violation of s. 517.275, s. 517.301, s.
 3797  517.311, or s. 517.312, or any rule or order issued under such
 3798  sections, the Attorney General may investigate and bring an
 3799  action to enforce these provisions as provided in ss. 517.171,
 3800  517.201, and 517.2015 after receiving written approval from the
 3801  office. Such an action may be brought against such person and
 3802  any other person in any way participating in such act or
 3803  practice or engaging in such act or practice or doing any act in
 3804  furtherance of such act or practice, to obtain injunctive
 3805  relief, restitution, civil penalties, and any remedies provided
 3806  for in this section. The Attorney General may recover any costs
 3807  and attorney fees related to the Attorney General’s
 3808  investigation or enforcement of this section. Notwithstanding
 3809  any other provision of law, moneys recovered by the Attorney
 3810  General for costs, attorney fees, and civil penalties for a
 3811  violation of s. 517.275, s. 517.301, s. 517.311, or s. 517.312,
 3812  or any rule or order issued pursuant to such sections, shall be
 3813  deposited in the Legal Affairs Revolving Trust Fund. The Legal
 3814  Affairs Revolving Trust Fund may be used to investigate and
 3815  enforce this section.
 3816         Reviser’s note.—Amended to confirm an editorial
 3817         insertion made to provide clarity.
 3818         Section 114. Subsection (5) of section 526.144, Florida
 3819  Statutes, is repealed.
 3820         Reviser’s note.—Repeals material requiring submittal
 3821         of a report relating to the Florida Disaster Motor
 3822         Fuel Supplier Program by March 1, 2007.
 3823         Section 115. Paragraph (d) of subsection (1) of section
 3824  556.105, Florida Statutes, is amended to read:
 3825         556.105 Procedures.—
 3826         (1)
 3827         (d)1. The system shall study the feasibility of the
 3828  establishment or recognition of zones for the purpose of
 3829  allowing excavation within such zones to be undertaken without
 3830  notice to the system as now required by this chapter when such
 3831  zones are:
 3832         1. a. In areas within which no underground facilities are
 3833  located.
 3834         2. b. Where permanent markings, permit and mapping systems,
 3835  and structural protection for underwater crossings are required
 3836  or in place.
 3837         3. c. For previously marked utilities on construction of
 3838  one- or two-family dwellings where the contractor remains in
 3839  custody and control of the building site for the duration of the
 3840  building permit.
 3841         2.The system shall report the results of the study to the
 3842  Legislature on or before February 1, 2007, along with
 3843  recommendations for further legislative action.
 3844         Reviser’s note.—Amended to delete material that has
 3845         served its purpose.
 3846         Section 116. Section 569.19, Florida Statutes, is amended
 3847  to read:
 3848         569.19 Annual report.—The division shall report annually
 3849  with written findings to the Legislature and the Governor by
 3850  December 31, starting with the year 1997, on the progress of
 3851  implementing the enforcement provisions of this chapter. This
 3852  must include, but is not limited to:
 3853         (1) The number and results of compliance visits.
 3854         (2) The number of violations for failure of a retailer to
 3855  hold a valid license.
 3856         (3) The number of violations for selling tobacco products
 3857  to persons under age 18, and the results of administrative
 3858  hearings on the above and related issues.
 3859         (4) The number of persons under age 18 cited for violations
 3860  of s. 569.11 and sanctions imposed as a result of citation.
 3861         Reviser’s note.—Amended to delete obsolete material.
 3862         Section 117. Section 576.092, Florida Statutes, is
 3863  repealed.
 3864         Reviser’s note.—Repeals a provision requiring
 3865         submittal of a report by January 15, 2008, and
 3866         providing for abolishment of the Consumer Fertilizer
 3867         Task Force upon transmittal of the report.
 3868         Section 118. Subsection (6) of section 589.011, Florida
 3869  Statutes, is amended to read:
 3870         589.011 Use of state forest lands; fees; rules.—
 3871         (6) The Division of Forestry may enter into contracts or
 3872  agreements, with or without competitive bidding or procurement,
 3873  to make available, on a fair, reasonable, and nondiscriminatory
 3874  basis, property and other structures under division control for
 3875  the placement of new facilities by any wireless provider of
 3876  mobile service as defined in 47 U.S.C. s. 153(27) 153(n) or 47
 3877  U.S.C. s. 332(d) or any telecommunications company as defined in
 3878  s. 364.02 when it is determined to be practical and feasible to
 3879  make such property or other structures available. The division
 3880  may, without adopting a rule, charge a just, reasonable, and
 3881  nondiscriminatory fee for the placement of the facilities,
 3882  payable annually, based on the fair market value of space used
 3883  by comparable communications facilities in the state. The
 3884  division and a wireless provider or telecommunications company
 3885  may negotiate the reduction or elimination of a fee in
 3886  consideration of services provided to the division by the
 3887  wireless provider or telecommunications company. All such fees
 3888  collected by the division shall be deposited in the Incidental
 3889  Trust Fund.
 3890         Reviser’s note.—Amended to confirm an editorial
 3891         substitution; 47 U.S.C. s. 153(27) defines the term
 3892         “mobile service,” and 47 U.S.C. s. 153(n) does not
 3893         exist.
 3894         Section 119. Subsection (6) of section 624.91, Florida
 3895  Statutes, as amended by section 13 of chapter 2009-113, Laws of
 3896  Florida, is reenacted to read:
 3897         624.91 The Florida Healthy Kids Corporation Act.—
 3898         (6) BOARD OF DIRECTORS.—
 3899         (a) The Florida Healthy Kids Corporation shall operate
 3900  subject to the supervision and approval of a board of directors
 3901  chaired by the Chief Financial Officer or her or his designee,
 3902  and composed of 11 other members selected for 3-year terms of
 3903  office as follows:
 3904         1. The Secretary of Health Care Administration, or his or
 3905  her designee.
 3906         2. One member appointed by the Commissioner of Education
 3907  from the Office of School Health Programs of the Florida
 3908  Department of Education.
 3909         3. One member appointed by the Chief Financial Officer from
 3910  among three members nominated by the Florida Pediatric Society.
 3911         4. One member, appointed by the Governor, who represents
 3912  the Children’s Medical Services Program.
 3913         5. One member appointed by the Chief Financial Officer from
 3914  among three members nominated by the Florida Hospital
 3915  Association.
 3916         6. One member, appointed by the Governor, who is an expert
 3917  on child health policy.
 3918         7. One member, appointed by the Chief Financial Officer,
 3919  from among three members nominated by the Florida Academy of
 3920  Family Physicians.
 3921         8. One member, appointed by the Governor, who represents
 3922  the state Medicaid program.
 3923         9. One member, appointed by the Chief Financial Officer,
 3924  from among three members nominated by the Florida Association of
 3925  Counties.
 3926         10. The State Health Officer or her or his designee.
 3927         11. The Secretary of Children and Family Services, or his
 3928  or her designee.
 3929         (b) A member of the board of directors may be removed by
 3930  the official who appointed that member. The board shall appoint
 3931  an executive director, who is responsible for other staff
 3932  authorized by the board.
 3933         (c) Board members are entitled to receive, from funds of
 3934  the corporation, reimbursement for per diem and travel expenses
 3935  as provided by s. 112.061.
 3936         (d) There shall be no liability on the part of, and no
 3937  cause of action shall arise against, any member of the board of
 3938  directors, or its employees or agents, for any action they take
 3939  in the performance of their powers and duties under this act.
 3940         Reviser’s note.—Section 13, ch. 2009-113, Laws of
 3941         Florida, amended subsection (6) without publishing
 3942         paragraphs (b)-(d) of that subsection. Absent
 3943         affirmative evidence of legislative intent to repeal
 3944         paragraphs (b)-(d), subsection (6) is reenacted to
 3945         confirm that the omission was not intended.
 3946         Section 120. Subsection (2) of section 627.062, Florida
 3947  Statutes, is amended to read:
 3948         627.062 Rate standards.—
 3949         (2) As to all such classes of insurance:
 3950         (a) Insurers or rating organizations shall establish and
 3951  use rates, rating schedules, or rating manuals to allow the
 3952  insurer a reasonable rate of return on such classes of insurance
 3953  written in this state. A copy of rates, rating schedules, rating
 3954  manuals, premium credits or discount schedules, and surcharge
 3955  schedules, and changes thereto, shall be filed with the office
 3956  under one of the following procedures except as provided in
 3957  subparagraph 3.:
 3958         1. If the filing is made at least 90 days before the
 3959  proposed effective date and the filing is not implemented during
 3960  the office’s review of the filing and any proceeding and
 3961  judicial review, then such filing shall be considered a “file
 3962  and use” filing. In such case, the office shall finalize its
 3963  review by issuance of a notice of intent to approve or a notice
 3964  of intent to disapprove within 90 days after receipt of the
 3965  filing. The notice of intent to approve and the notice of intent
 3966  to disapprove constitute agency action for purposes of the
 3967  Administrative Procedure Act. Requests for supporting
 3968  information, requests for mathematical or mechanical
 3969  corrections, or notification to the insurer by the office of its
 3970  preliminary findings shall not toll the 90-day period during any
 3971  such proceedings and subsequent judicial review. The rate shall
 3972  be deemed approved if the office does not issue a notice of
 3973  intent to approve or a notice of intent to disapprove within 90
 3974  days after receipt of the filing.
 3975         2. If the filing is not made in accordance with the
 3976  provisions of subparagraph 1., such filing shall be made as soon
 3977  as practicable, but no later than 30 days after the effective
 3978  date, and shall be considered a “use and file” filing. An
 3979  insurer making a “use and file” filing is potentially subject to
 3980  an order by the office to return to policyholders portions of
 3981  rates found to be excessive, as provided in paragraph (h).
 3982         3. For all property insurance filings made or submitted
 3983  after January 25, 2007, but before December 31, 2010, an insurer
 3984  seeking a rate that is greater than the rate most recently
 3985  approved by the office shall make a “file and use” filing. For
 3986  purposes of this subparagraph, motor vehicle collision and
 3987  comprehensive coverages are not considered to be property
 3988  coverages.
 3989         (b) Upon receiving a rate filing, the office shall review
 3990  the rate filing to determine if a rate is excessive, inadequate,
 3991  or unfairly discriminatory. In making that determination, the
 3992  office shall, in accordance with generally accepted and
 3993  reasonable actuarial techniques, consider the following factors:
 3994         1. Past and prospective loss experience within and without
 3995  this state.
 3996         2. Past and prospective expenses.
 3997         3. The degree of competition among insurers for the risk
 3998  insured.
 3999         4. Investment income reasonably expected by the insurer,
 4000  consistent with the insurer’s investment practices, from
 4001  investable premiums anticipated in the filing, plus any other
 4002  expected income from currently invested assets representing the
 4003  amount expected on unearned premium reserves and loss reserves.
 4004  The commission may adopt rules using reasonable techniques of
 4005  actuarial science and economics to specify the manner in which
 4006  insurers shall calculate investment income attributable to such
 4007  classes of insurance written in this state and the manner in
 4008  which such investment income shall be used to calculate
 4009  insurance rates. Such manner shall contemplate allowances for an
 4010  underwriting profit factor and full consideration of investment
 4011  income which produce a reasonable rate of return; however,
 4012  investment income from invested surplus may not be considered.
 4013         5. The reasonableness of the judgment reflected in the
 4014  filing.
 4015         6. Dividends, savings, or unabsorbed premium deposits
 4016  allowed or returned to Florida policyholders, members, or
 4017  subscribers.
 4018         7. The adequacy of loss reserves.
 4019         8. The cost of reinsurance. The office shall not disapprove
 4020  a rate as excessive solely due to the insurer having obtained
 4021  catastrophic reinsurance to cover the insurer’s estimated 250
 4022  year probable maximum loss or any lower level of loss.
 4023         9. Trend factors, including trends in actual losses per
 4024  insured unit for the insurer making the filing.
 4025         10. Conflagration and catastrophe hazards, if applicable.
 4026         11. Projected hurricane losses, if applicable, which must
 4027  be estimated using a model or method found to be acceptable or
 4028  reliable by the Florida Commission on Hurricane Loss Projection
 4029  Methodology, and as further provided in s. 627.0628.
 4030         12. A reasonable margin for underwriting profit and
 4031  contingencies.
 4032         13. The cost of medical services, if applicable.
 4033         14. Other relevant factors which impact upon the frequency
 4034  or severity of claims or upon expenses.
 4035         (c) In the case of fire insurance rates, consideration
 4036  shall be given to the availability of water supplies and the
 4037  experience of the fire insurance business during a period of not
 4038  less than the most recent 5-year period for which such
 4039  experience is available.
 4040         (d) If conflagration or catastrophe hazards are given
 4041  consideration by an insurer in its rates or rating plan,
 4042  including surcharges and discounts, the insurer shall establish
 4043  a reserve for that portion of the premium allocated to such
 4044  hazard and shall maintain the premium in a catastrophe reserve.
 4045  Any removal of such premiums from the reserve for purposes other
 4046  than paying claims associated with a catastrophe or purchasing
 4047  reinsurance for catastrophes shall be subject to approval of the
 4048  office. Any ceding commission received by an insurer purchasing
 4049  reinsurance for catastrophes shall be placed in the catastrophe
 4050  reserve.
 4051         (e) After consideration of the rate factors provided in
 4052  paragraphs (b), (c), and (d), a rate may be found by the office
 4053  to be excessive, inadequate, or unfairly discriminatory based
 4054  upon the following standards:
 4055         1. Rates shall be deemed excessive if they are likely to
 4056  produce a profit from Florida business that is unreasonably high
 4057  in relation to the risk involved in the class of business or if
 4058  expenses are unreasonably high in relation to services rendered.
 4059         2. Rates shall be deemed excessive if, among other things,
 4060  the rate structure established by a stock insurance company
 4061  provides for replenishment of surpluses from premiums, when the
 4062  replenishment is attributable to investment losses.
 4063         3. Rates shall be deemed inadequate if they are clearly
 4064  insufficient, together with the investment income attributable
 4065  to them, to sustain projected losses and expenses in the class
 4066  of business to which they apply.
 4067         4. A rating plan, including discounts, credits, or
 4068  surcharges, shall be deemed unfairly discriminatory if it fails
 4069  to clearly and equitably reflect consideration of the
 4070  policyholder’s participation in a risk management program
 4071  adopted pursuant to s. 627.0625.
 4072         5. A rate shall be deemed inadequate as to the premium
 4073  charged to a risk or group of risks if discounts or credits are
 4074  allowed which exceed a reasonable reflection of expense savings
 4075  and reasonably expected loss experience from the risk or group
 4076  of risks.
 4077         6. A rate shall be deemed unfairly discriminatory as to a
 4078  risk or group of risks if the application of premium discounts,
 4079  credits, or surcharges among such risks does not bear a
 4080  reasonable relationship to the expected loss and expense
 4081  experience among the various risks.
 4082         (f) In reviewing a rate filing, the office may require the
 4083  insurer to provide at the insurer’s expense all information
 4084  necessary to evaluate the condition of the company and the
 4085  reasonableness of the filing according to the criteria
 4086  enumerated in this section.
 4087         (g) The office may at any time review a rate, rating
 4088  schedule, rating manual, or rate change; the pertinent records
 4089  of the insurer; and market conditions. If the office finds on a
 4090  preliminary basis that a rate may be excessive, inadequate, or
 4091  unfairly discriminatory, the office shall initiate proceedings
 4092  to disapprove the rate and shall so notify the insurer. However,
 4093  the office may not disapprove as excessive any rate for which it
 4094  has given final approval or which has been deemed approved for a
 4095  period of 1 year after the effective date of the filing unless
 4096  the office finds that a material misrepresentation or material
 4097  error was made by the insurer or was contained in the filing.
 4098  Upon being so notified, the insurer or rating organization
 4099  shall, within 60 days, file with the office all information
 4100  which, in the belief of the insurer or organization, proves the
 4101  reasonableness, adequacy, and fairness of the rate or rate
 4102  change. The office shall issue a notice of intent to approve or
 4103  a notice of intent to disapprove pursuant to the procedures of
 4104  paragraph (a) within 90 days after receipt of the insurer’s
 4105  initial response. In such instances and in any administrative
 4106  proceeding relating to the legality of the rate, the insurer or
 4107  rating organization shall carry the burden of proof by a
 4108  preponderance of the evidence to show that the rate is not
 4109  excessive, inadequate, or unfairly discriminatory. After the
 4110  office notifies an insurer that a rate may be excessive,
 4111  inadequate, or unfairly discriminatory, unless the office
 4112  withdraws the notification, the insurer shall not alter the rate
 4113  except to conform with the office’s notice until the earlier of
 4114  120 days after the date the notification was provided or 180
 4115  days after the date of the implementation of the rate. The
 4116  office may, subject to chapter 120, disapprove without the 60
 4117  day notification any rate increase filed by an insurer within
 4118  the prohibited time period or during the time that the legality
 4119  of the increased rate is being contested.
 4120         (h) In the event the office finds that a rate or rate
 4121  change is excessive, inadequate, or unfairly discriminatory, the
 4122  office shall issue an order of disapproval specifying that a new
 4123  rate or rate schedule which responds to the findings of the
 4124  office be filed by the insurer. The office shall further order,
 4125  for any “use and file” filing made in accordance with
 4126  subparagraph (a)2., that premiums charged each policyholder
 4127  constituting the portion of the rate above that which was
 4128  actuarially justified be returned to such policyholder in the
 4129  form of a credit or refund. If the office finds that an
 4130  insurer’s rate or rate change is inadequate, the new rate or
 4131  rate schedule filed with the office in response to such a
 4132  finding shall be applicable only to new or renewal business of
 4133  the insurer written on or after the effective date of the
 4134  responsive filing.
 4135         (i) Except as otherwise specifically provided in this
 4136  chapter, the office shall not prohibit any insurer, including
 4137  any residual market plan or joint underwriting association, from
 4138  paying acquisition costs based on the full amount of premium, as
 4139  defined in s. 627.403, applicable to any policy, or prohibit any
 4140  such insurer from including the full amount of acquisition costs
 4141  in a rate filing.
 4142         (j) With respect to residential property insurance rate
 4143  filings, the rate filing must account for mitigation measures
 4144  undertaken by policyholders to reduce hurricane losses.
 4145         (k)1. An insurer may make a separate filing limited solely
 4146  to an adjustment of its rates for reinsurance or financing costs
 4147  incurred in the purchase of reinsurance or financing products to
 4148  replace or finance the payment of the amount covered by the
 4149  Temporary Increase in Coverage Limits (TICL) portion of the
 4150  Florida Hurricane Catastrophe Fund including replacement
 4151  reinsurance for the TICL reductions made pursuant to s.
 4152  215.555(17)(e); the actual cost paid due to the application of
 4153  the TICL premium factor pursuant to s. 215.555(17)(f); and the
 4154  actual cost paid due to the application of the cash build-up
 4155  factor pursuant to s. 215.555(5)(b) if the insurer:
 4156         a. Elects to purchase financing products such as a
 4157  liquidity instrument or line of credit, in which case the cost
 4158  included in the filing for the liquidity instrument or line of
 4159  credit may not result in a premium increase exceeding 3 percent
 4160  for any individual policyholder. All costs contained in the
 4161  filing may not result in an overall premium increase of more
 4162  than 10 percent for any individual policyholder.
 4163         b. Includes in the filing a copy of all of its reinsurance,
 4164  liquidity instrument, or line of credit contracts; proof of the
 4165  billing or payment for the contracts; and the calculation upon
 4166  which the proposed rate change is based demonstrates that the
 4167  costs meet the criteria of this section and are not loaded for
 4168  expenses or profit for the insurer making the filing.
 4169         c. Includes no other changes to its rates in the filing.
 4170         d. Has not implemented a rate increase within the 6 months
 4171  immediately preceding the filing.
 4172         e. Does not file for a rate increase under any other
 4173  paragraph within 6 months after making a filing under this
 4174  paragraph.
 4175         f. That purchases reinsurance or financing products from an
 4176  affiliated company in compliance with this paragraph does so
 4177  only if the costs for such reinsurance or financing products are
 4178  charged at or below charges made for comparable coverage by
 4179  nonaffiliated reinsurers or financial entities making such
 4180  coverage or financing products available in this state.
 4181         2. An insurer may only make one filing in any 12-month
 4182  period under this paragraph.
 4183         3. An insurer that elects to implement a rate change under
 4184  this paragraph must file its rate filing with the office at
 4185  least 45 days before the effective date of the rate change.
 4186  After an insurer submits a complete filing that meets all of the
 4187  requirements of this paragraph, the office has 45 days after the
 4188  date of the filing to review the rate filing and determine if
 4189  the rate is excessive, inadequate, or unfairly discriminatory.
 4190  
 4191  The provisions of this subsection shall not apply to workers’
 4192  compensation and employer’s liability insurance and to motor
 4193  vehicle insurance.
 4194         Reviser’s note.—Amended to confirm an editorial
 4195         insertion made to improve clarity.
 4196         Section 121. Paragraph (cc) of subsection (6) of section
 4197  627.351, Florida Statutes, is repealed, and paragraph (b) of
 4198  subsection (2) and paragraphs (b), (c), and (o) of subsection
 4199  (6) of that section are amended to read:
 4200         627.351 Insurance risk apportionment plans.—
 4201         (2) WINDSTORM INSURANCE RISK APPORTIONMENT.—
 4202         (b) The department shall require all insurers holding a
 4203  certificate of authority to transact property insurance on a
 4204  direct basis in this state, other than joint underwriting
 4205  associations and other entities formed pursuant to this section,
 4206  to provide windstorm coverage to applicants from areas
 4207  determined to be eligible pursuant to paragraph (c) who in good
 4208  faith are entitled to, but are unable to procure, such coverage
 4209  through ordinary means; or it shall adopt a reasonable plan or
 4210  plans for the equitable apportionment or sharing among such
 4211  insurers of windstorm coverage, which may include formation of
 4212  an association for this purpose. As used in this subsection, the
 4213  term “property insurance” means insurance on real or personal
 4214  property, as defined in s. 624.604, including insurance for
 4215  fire, industrial fire, allied lines, farmowners multiperil,
 4216  homeowners’ multiperil, commercial multiperil, and mobile homes,
 4217  and including liability coverages on all such insurance, but
 4218  excluding inland marine as defined in s. 624.607(3) and
 4219  excluding vehicle insurance as defined in s. 624.605(1)(a) other
 4220  than insurance on mobile homes used as permanent dwellings. The
 4221  department shall adopt rules that provide a formula for the
 4222  recovery and repayment of any deferred assessments.
 4223         1. For the purpose of this section, properties eligible for
 4224  such windstorm coverage are defined as dwellings, buildings, and
 4225  other structures, including mobile homes which are used as
 4226  dwellings and which are tied down in compliance with mobile home
 4227  tie-down requirements prescribed by the Department of Highway
 4228  Safety and Motor Vehicles pursuant to s. 320.8325, and the
 4229  contents of all such properties. An applicant or policyholder is
 4230  eligible for coverage only if an offer of coverage cannot be
 4231  obtained by or for the applicant or policyholder from an
 4232  admitted insurer at approved rates.
 4233         2.a.(I) All insurers required to be members of such
 4234  association shall participate in its writings, expenses, and
 4235  losses. Surplus of the association shall be retained for the
 4236  payment of claims and shall not be distributed to the member
 4237  insurers. Such participation by member insurers shall be in the
 4238  proportion that the net direct premiums of each member insurer
 4239  written for property insurance in this state during the
 4240  preceding calendar year bear to the aggregate net direct
 4241  premiums for property insurance of all member insurers, as
 4242  reduced by any credits for voluntary writings, in this state
 4243  during the preceding calendar year. For the purposes of this
 4244  subsection, the term “net direct premiums” means direct written
 4245  premiums for property insurance, reduced by premium for
 4246  liability coverage and for the following if included in allied
 4247  lines: rain and hail on growing crops; livestock; association
 4248  direct premiums booked; National Flood Insurance Program direct
 4249  premiums; and similar deductions specifically authorized by the
 4250  plan of operation and approved by the department. A member’s
 4251  participation shall begin on the first day of the calendar year
 4252  following the year in which it is issued a certificate of
 4253  authority to transact property insurance in the state and shall
 4254  terminate 1 year after the end of the calendar year during which
 4255  it no longer holds a certificate of authority to transact
 4256  property insurance in the state. The commissioner, after review
 4257  of annual statements, other reports, and any other statistics
 4258  that the commissioner deems necessary, shall certify to the
 4259  association the aggregate direct premiums written for property
 4260  insurance in this state by all member insurers.
 4261         (II) Effective July 1, 2002, the association shall operate
 4262  subject to the supervision and approval of a board of governors
 4263  who are the same individuals that have been appointed by the
 4264  Treasurer to serve on the board of governors of the Citizens
 4265  Property Insurance Corporation.
 4266         (III) The plan of operation shall provide a formula whereby
 4267  a company voluntarily providing windstorm coverage in affected
 4268  areas will be relieved wholly or partially from apportionment of
 4269  a regular assessment pursuant to sub-sub-subparagraph d.(I) or
 4270  sub-sub-subparagraph d.(II).
 4271         (IV) A company which is a member of a group of companies
 4272  under common management may elect to have its credits applied on
 4273  a group basis, and any company or group may elect to have its
 4274  credits applied to any other company or group.
 4275         (V) There shall be no credits or relief from apportionment
 4276  to a company for emergency assessments collected from its
 4277  policyholders under sub-sub-subparagraph d.(III).
 4278         (VI) The plan of operation may also provide for the award
 4279  of credits, for a period not to exceed 3 years, from a regular
 4280  assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub
 4281  subparagraph d.(II) as an incentive for taking policies out of
 4282  the Residential Property and Casualty Joint Underwriting
 4283  Association. In order to qualify for the exemption under this
 4284  sub-sub-subparagraph, the take-out plan must provide that at
 4285  least 40 percent of the policies removed from the Residential
 4286  Property and Casualty Joint Underwriting Association cover risks
 4287  located in Miami-Dade, Broward, and Palm Beach Counties or at
 4288  least 30 percent of the policies so removed cover risks located
 4289  in Miami-Dade, Broward, and Palm Beach Counties and an
 4290  additional 50 percent of the policies so removed cover risks
 4291  located in other coastal counties, and must also provide that no
 4292  more than 15 percent of the policies so removed may exclude
 4293  windstorm coverage. With the approval of the department, the
 4294  association may waive these geographic criteria for a take-out
 4295  plan that removes at least the lesser of 100,000 Residential
 4296  Property and Casualty Joint Underwriting Association policies or
 4297  15 percent of the total number of Residential Property and
 4298  Casualty Joint Underwriting Association policies, provided the
 4299  governing board of the Residential Property and Casualty Joint
 4300  Underwriting Association certifies that the take-out plan will
 4301  materially reduce the Residential Property and Casualty Joint
 4302  Underwriting Association’s 100-year probable maximum loss from
 4303  hurricanes. With the approval of the department, the board may
 4304  extend such credits for an additional year if the insurer
 4305  guarantees an additional year of renewability for all policies
 4306  removed from the Residential Property and Casualty Joint
 4307  Underwriting Association, or for 2 additional years if the
 4308  insurer guarantees 2 additional years of renewability for all
 4309  policies removed from the Residential Property and Casualty
 4310  Joint Underwriting Association.
 4311         b. Assessments to pay deficits in the association under
 4312  this subparagraph shall be included as an appropriate factor in
 4313  the making of rates as provided in s. 627.3512.
 4314         c. The Legislature finds that the potential for unlimited
 4315  deficit assessments under this subparagraph may induce insurers
 4316  to attempt to reduce their writings in the voluntary market, and
 4317  that such actions would worsen the availability problems that
 4318  the association was created to remedy. It is the intent of the
 4319  Legislature that insurers remain fully responsible for paying
 4320  regular assessments and collecting emergency assessments for any
 4321  deficits of the association; however, it is also the intent of
 4322  the Legislature to provide a means by which assessment
 4323  liabilities may be amortized over a period of years.
 4324         d.(I) When the deficit incurred in a particular calendar
 4325  year is 10 percent or less of the aggregate statewide direct
 4326  written premium for property insurance for the prior calendar
 4327  year for all member insurers, the association shall levy an
 4328  assessment on member insurers in an amount equal to the deficit.
 4329         (II) When the deficit incurred in a particular calendar
 4330  year exceeds 10 percent of the aggregate statewide direct
 4331  written premium for property insurance for the prior calendar
 4332  year for all member insurers, the association shall levy an
 4333  assessment on member insurers in an amount equal to the greater
 4334  of 10 percent of the deficit or 10 percent of the aggregate
 4335  statewide direct written premium for property insurance for the
 4336  prior calendar year for member insurers. Any remaining deficit
 4337  shall be recovered through emergency assessments under sub-sub
 4338  subparagraph (III).
 4339         (III) Upon a determination by the board of directors that a
 4340  deficit exceeds the amount that will be recovered through
 4341  regular assessments on member insurers, pursuant to sub-sub
 4342  subparagraph (I) or sub-sub-subparagraph (II), the board shall
 4343  levy, after verification by the department, emergency
 4344  assessments to be collected by member insurers and by
 4345  underwriting associations created pursuant to this section which
 4346  write property insurance, upon issuance or renewal of property
 4347  insurance policies other than National Flood Insurance policies
 4348  in the year or years following levy of the regular assessments.
 4349  The amount of the emergency assessment collected in a particular
 4350  year shall be a uniform percentage of that year’s direct written
 4351  premium for property insurance for all member insurers and
 4352  underwriting associations, excluding National Flood Insurance
 4353  policy premiums, as annually determined by the board and
 4354  verified by the department. The department shall verify the
 4355  arithmetic calculations involved in the board’s determination
 4356  within 30 days after receipt of the information on which the
 4357  determination was based. Notwithstanding any other provision of
 4358  law, each member insurer and each underwriting association
 4359  created pursuant to this section shall collect emergency
 4360  assessments from its policyholders without such obligation being
 4361  affected by any credit, limitation, exemption, or deferment. The
 4362  emergency assessments so collected shall be transferred directly
 4363  to the association on a periodic basis as determined by the
 4364  association. The aggregate amount of emergency assessments
 4365  levied under this sub-sub-subparagraph in any calendar year may
 4366  not exceed the greater of 10 percent of the amount needed to
 4367  cover the original deficit, plus interest, fees, commissions,
 4368  required reserves, and other costs associated with financing of
 4369  the original deficit, or 10 percent of the aggregate statewide
 4370  direct written premium for property insurance written by member
 4371  insurers and underwriting associations for the prior year, plus
 4372  interest, fees, commissions, required reserves, and other costs
 4373  associated with financing the original deficit. The board may
 4374  pledge the proceeds of the emergency assessments under this sub
 4375  sub-subparagraph as the source of revenue for bonds, to retire
 4376  any other debt incurred as a result of the deficit or events
 4377  giving rise to the deficit, or in any other way that the board
 4378  determines will efficiently recover the deficit. The emergency
 4379  assessments under this sub-sub-subparagraph shall continue as
 4380  long as any bonds issued or other indebtedness incurred with
 4381  respect to a deficit for which the assessment was imposed remain
 4382  outstanding, unless adequate provision has been made for the
 4383  payment of such bonds or other indebtedness pursuant to the
 4384  document governing such bonds or other indebtedness. Emergency
 4385  assessments collected under this sub-sub-subparagraph are not
 4386  part of an insurer’s rates, are not premium, and are not subject
 4387  to premium tax, fees, or commissions; however, failure to pay
 4388  the emergency assessment shall be treated as failure to pay
 4389  premium.
 4390         (IV) Each member insurer’s share of the total regular
 4391  assessments under sub-sub-subparagraph (I) or sub-sub
 4392  subparagraph (II) shall be in the proportion that the insurer’s
 4393  net direct premium for property insurance in this state, for the
 4394  year preceding the assessment bears to the aggregate statewide
 4395  net direct premium for property insurance of all member
 4396  insurers, as reduced by any credits for voluntary writings for
 4397  that year.
 4398         (V) If regular deficit assessments are made under sub-sub
 4399  subparagraph (I) or sub-sub-subparagraph (II), or by the
 4400  Residential Property and Casualty Joint Underwriting Association
 4401  under sub-subparagraph (6)(b)3.a. or sub-subparagraph
 4402  (6)(b)3.b., the association shall levy upon the association’s
 4403  policyholders, as part of its next rate filing, or by a separate
 4404  rate filing solely for this purpose, a market equalization
 4405  surcharge in a percentage equal to the total amount of such
 4406  regular assessments divided by the aggregate statewide direct
 4407  written premium for property insurance for member insurers for
 4408  the prior calendar year. Market equalization surcharges under
 4409  this sub-sub-subparagraph are not considered premium and are not
 4410  subject to commissions, fees, or premium taxes; however, failure
 4411  to pay a market equalization surcharge shall be treated as
 4412  failure to pay premium.
 4413         e. The governing body of any unit of local government, any
 4414  residents of which are insured under the plan, may issue bonds
 4415  as defined in s. 125.013 or s. 166.101 to fund an assistance
 4416  program, in conjunction with the association, for the purpose of
 4417  defraying deficits of the association. In order to avoid
 4418  needless and indiscriminate proliferation, duplication, and
 4419  fragmentation of such assistance programs, any unit of local
 4420  government, any residents of which are insured by the
 4421  association, may provide for the payment of losses, regardless
 4422  of whether or not the losses occurred within or outside of the
 4423  territorial jurisdiction of the local government. Revenue bonds
 4424  may not be issued until validated pursuant to chapter 75, unless
 4425  a state of emergency is declared by executive order or
 4426  proclamation of the Governor pursuant to s. 252.36 making such
 4427  findings as are necessary to determine that it is in the best
 4428  interests of, and necessary for, the protection of the public
 4429  health, safety, and general welfare of residents of this state
 4430  and the protection and preservation of the economic stability of
 4431  insurers operating in this state, and declaring it an essential
 4432  public purpose to permit certain municipalities or counties to
 4433  issue bonds as will provide relief to claimants and
 4434  policyholders of the association and insurers responsible for
 4435  apportionment of plan losses. Any such unit of local government
 4436  may enter into such contracts with the association and with any
 4437  other entity created pursuant to this subsection as are
 4438  necessary to carry out this paragraph. Any bonds issued under
 4439  this sub-subparagraph shall be payable from and secured by
 4440  moneys received by the association from assessments under this
 4441  subparagraph, and assigned and pledged to or on behalf of the
 4442  unit of local government for the benefit of the holders of such
 4443  bonds. The funds, credit, property, and taxing power of the
 4444  state or of the unit of local government shall not be pledged
 4445  for the payment of such bonds. If any of the bonds remain unsold
 4446  60 days after issuance, the department shall require all
 4447  insurers subject to assessment to purchase the bonds, which
 4448  shall be treated as admitted assets; each insurer shall be
 4449  required to purchase that percentage of the unsold portion of
 4450  the bond issue that equals the insurer’s relative share of
 4451  assessment liability under this subsection. An insurer shall not
 4452  be required to purchase the bonds to the extent that the
 4453  department determines that the purchase would endanger or impair
 4454  the solvency of the insurer. The authority granted by this sub
 4455  subparagraph is additional to any bonding authority granted by
 4456  subparagraph 6.
 4457         3. The plan shall also provide that any member with a
 4458  surplus as to policyholders of $20 million or less writing 25
 4459  percent or more of its total countrywide property insurance
 4460  premiums in this state may petition the department, within the
 4461  first 90 days of each calendar year, to qualify as a limited
 4462  apportionment company. The apportionment of such a member
 4463  company in any calendar year for which it is qualified shall not
 4464  exceed its gross participation, which shall not be affected by
 4465  the formula for voluntary writings. In no event shall a limited
 4466  apportionment company be required to participate in any
 4467  apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I)
 4468  or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds
 4469  $50 million after payment of available plan funds in any
 4470  calendar year. However, a limited apportionment company shall
 4471  collect from its policyholders any emergency assessment imposed
 4472  under sub-sub-subparagraph 2.d.(III). The plan shall provide
 4473  that, if the department determines that any regular assessment
 4474  will result in an impairment of the surplus of a limited
 4475  apportionment company, the department may direct that all or
 4476  part of such assessment be deferred. However, there shall be no
 4477  limitation or deferment of an emergency assessment to be
 4478  collected from policyholders under sub-sub-subparagraph
 4479  2.d.(III).
 4480         4. The plan shall provide for the deferment, in whole or in
 4481  part, of a regular assessment of a member insurer under sub-sub
 4482  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not
 4483  for an emergency assessment collected from policyholders under
 4484  sub-sub-subparagraph 2.d.(III), if, in the opinion of the
 4485  commissioner, payment of such regular assessment would endanger
 4486  or impair the solvency of the member insurer. In the event a
 4487  regular assessment against a member insurer is deferred in whole
 4488  or in part, the amount by which such assessment is deferred may
 4489  be assessed against the other member insurers in a manner
 4490  consistent with the basis for assessments set forth in sub-sub
 4491  subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II).
 4492         5.a. The plan of operation may include deductibles and
 4493  rules for classification of risks and rate modifications
 4494  consistent with the objective of providing and maintaining funds
 4495  sufficient to pay catastrophe losses.
 4496         b. It is the intent of the Legislature that the rates for
 4497  coverage provided by the association be actuarially sound and
 4498  not competitive with approved rates charged in the admitted
 4499  voluntary market such that the association functions as a
 4500  residual market mechanism to provide insurance only when the
 4501  insurance cannot be procured in the voluntary market. The plan
 4502  of operation shall provide a mechanism to assure that, beginning
 4503  no later than January 1, 1999, the rates charged by the
 4504  association for each line of business are reflective of approved
 4505  rates in the voluntary market for hurricane coverage for each
 4506  line of business in the various areas eligible for association
 4507  coverage.
 4508         c. The association shall provide for windstorm coverage on
 4509  residential properties in limits up to $10 million for
 4510  commercial lines residential risks and up to $1 million for
 4511  personal lines residential risks. If coverage with the
 4512  association is sought for a residential risk valued in excess of
 4513  these limits, coverage shall be available to the risk up to the
 4514  replacement cost or actual cash value of the property, at the
 4515  option of the insured, if coverage for the risk cannot be
 4516  located in the authorized market. The association must accept a
 4517  commercial lines residential risk with limits above $10 million
 4518  or a personal lines residential risk with limits above $1
 4519  million if coverage is not available in the authorized market.
 4520  The association may write coverage above the limits specified in
 4521  this subparagraph with or without facultative or other
 4522  reinsurance coverage, as the association determines appropriate.
 4523         d. The plan of operation must provide objective criteria
 4524  and procedures, approved by the department, to be uniformly
 4525  applied for all applicants in determining whether an individual
 4526  risk is so hazardous as to be uninsurable. In making this
 4527  determination and in establishing the criteria and procedures,
 4528  the following shall be considered:
 4529         (I) Whether the likelihood of a loss for the individual
 4530  risk is substantially higher than for other risks of the same
 4531  class; and
 4532         (II) Whether the uncertainty associated with the individual
 4533  risk is such that an appropriate premium cannot be determined.
 4534  
 4535  The acceptance or rejection of a risk by the association
 4536  pursuant to such criteria and procedures must be construed as
 4537  the private placement of insurance, and the provisions of
 4538  chapter 120 do not apply.
 4539         e. If the risk accepts an offer of coverage through the
 4540  market assistance program or through a mechanism established by
 4541  the association, either before the policy is issued by the
 4542  association or during the first 30 days of coverage by the
 4543  association, and the producing agent who submitted the
 4544  application to the association is not currently appointed by the
 4545  insurer, the insurer shall:
 4546         (I) Pay to the producing agent of record of the policy, for
 4547  the first year, an amount that is the greater of the insurer’s
 4548  usual and customary commission for the type of policy written or
 4549  a fee equal to the usual and customary commission of the
 4550  association; or
 4551         (II) Offer to allow the producing agent of record of the
 4552  policy to continue servicing the policy for a period of not less
 4553  than 1 year and offer to pay the agent the greater of the
 4554  insurer’s or the association’s usual and customary commission
 4555  for the type of policy written.
 4556  
 4557  If the producing agent is unwilling or unable to accept
 4558  appointment, the new insurer shall pay the agent in accordance
 4559  with sub-sub-subparagraph (I). Subject to the provisions of s.
 4560  627.3517, the policies issued by the association must provide
 4561  that if the association obtains an offer from an authorized
 4562  insurer to cover the risk at its approved rates under either a
 4563  standard policy including wind coverage or, if consistent with
 4564  the insurer’s underwriting rules as filed with the department, a
 4565  basic policy including wind coverage, the risk is no longer
 4566  eligible for coverage through the association. Upon termination
 4567  of eligibility, the association shall provide written notice to
 4568  the policyholder and agent of record stating that the
 4569  association policy must be canceled as of 60 days after the date
 4570  of the notice because of the offer of coverage from an
 4571  authorized insurer. Other provisions of the insurance code
 4572  relating to cancellation and notice of cancellation do not apply
 4573  to actions under this sub-subparagraph.
 4574         f. When the association enters into a contractual agreement
 4575  for a take-out plan, the producing agent of record of the
 4576  association policy is entitled to retain any unearned commission
 4577  on the policy, and the insurer shall:
 4578         (I) Pay to the producing agent of record of the association
 4579  policy, for the first year, an amount that is the greater of the
 4580  insurer’s usual and customary commission for the type of policy
 4581  written or a fee equal to the usual and customary commission of
 4582  the association; or
 4583         (II) Offer to allow the producing agent of record of the
 4584  association policy to continue servicing the policy for a period
 4585  of not less than 1 year and offer to pay the agent the greater
 4586  of the insurer’s or the association’s usual and customary
 4587  commission for the type of policy written.
 4588  
 4589  If the producing agent is unwilling or unable to accept
 4590  appointment, the new insurer shall pay the agent in accordance
 4591  with sub-sub-subparagraph (I).
 4592         6.a. The plan of operation may authorize the formation of a
 4593  private nonprofit corporation, a private nonprofit
 4594  unincorporated association, a partnership, a trust, a limited
 4595  liability company, or a nonprofit mutual company which may be
 4596  empowered, among other things, to borrow money by issuing bonds
 4597  or by incurring other indebtedness and to accumulate reserves or
 4598  funds to be used for the payment of insured catastrophe losses.
 4599  The plan may authorize all actions necessary to facilitate the
 4600  issuance of bonds, including the pledging of assessments or
 4601  other revenues.
 4602         b. Any entity created under this subsection, or any entity
 4603  formed for the purposes of this subsection, may sue and be sued,
 4604  may borrow money; issue bonds, notes, or debt instruments;
 4605  pledge or sell assessments, market equalization surcharges and
 4606  other surcharges, rights, premiums, contractual rights,
 4607  projected recoveries from the Florida Hurricane Catastrophe
 4608  Fund, other reinsurance recoverables, and other assets as
 4609  security for such bonds, notes, or debt instruments; enter into
 4610  any contracts or agreements necessary or proper to accomplish
 4611  such borrowings; and take other actions necessary to carry out
 4612  the purposes of this subsection. The association may issue bonds
 4613  or incur other indebtedness, or have bonds issued on its behalf
 4614  by a unit of local government pursuant to subparagraph (6)(q)2.
 4615  (6)(p)2., in the absence of a hurricane or other weather-related
 4616  event, upon a determination by the association subject to
 4617  approval by the department that such action would enable it to
 4618  efficiently meet the financial obligations of the association
 4619  and that such financings are reasonably necessary to effectuate
 4620  the requirements of this subsection. Any such entity may
 4621  accumulate reserves and retain surpluses as of the end of any
 4622  association year to provide for the payment of losses incurred
 4623  by the association during that year or any future year. The
 4624  association shall incorporate and continue the plan of operation
 4625  and articles of agreement in effect on the effective date of
 4626  chapter 76-96, Laws of Florida, to the extent that it is not
 4627  inconsistent with chapter 76-96, and as subsequently modified
 4628  consistent with chapter 76-96. The board of directors and
 4629  officers currently serving shall continue to serve until their
 4630  successors are duly qualified as provided under the plan. The
 4631  assets and obligations of the plan in effect immediately prior
 4632  to the effective date of chapter 76-96 shall be construed to be
 4633  the assets and obligations of the successor plan created herein.
 4634         c. In recognition of s. 10, Art. I of the State
 4635  Constitution, prohibiting the impairment of obligations of
 4636  contracts, it is the intent of the Legislature that no action be
 4637  taken whose purpose is to impair any bond indenture or financing
 4638  agreement or any revenue source committed by contract to such
 4639  bond or other indebtedness issued or incurred by the association
 4640  or any other entity created under this subsection.
 4641         7. On such coverage, an agent’s remuneration shall be that
 4642  amount of money payable to the agent by the terms of his or her
 4643  contract with the company with which the business is placed.
 4644  However, no commission will be paid on that portion of the
 4645  premium which is in excess of the standard premium of that
 4646  company.
 4647         8. Subject to approval by the department, the association
 4648  may establish different eligibility requirements and operational
 4649  procedures for any line or type of coverage for any specified
 4650  eligible area or portion of an eligible area if the board
 4651  determines that such changes to the eligibility requirements and
 4652  operational procedures are justified due to the voluntary market
 4653  being sufficiently stable and competitive in such area or for
 4654  such line or type of coverage and that consumers who, in good
 4655  faith, are unable to obtain insurance through the voluntary
 4656  market through ordinary methods would continue to have access to
 4657  coverage from the association. When coverage is sought in
 4658  connection with a real property transfer, such requirements and
 4659  procedures shall not provide for an effective date of coverage
 4660  later than the date of the closing of the transfer as
 4661  established by the transferor, the transferee, and, if
 4662  applicable, the lender.
 4663         9. Notwithstanding any other provision of law:
 4664         a. The pledge or sale of, the lien upon, and the security
 4665  interest in any rights, revenues, or other assets of the
 4666  association created or purported to be created pursuant to any
 4667  financing documents to secure any bonds or other indebtedness of
 4668  the association shall be and remain valid and enforceable,
 4669  notwithstanding the commencement of and during the continuation
 4670  of, and after, any rehabilitation, insolvency, liquidation,
 4671  bankruptcy, receivership, conservatorship, reorganization, or
 4672  similar proceeding against the association under the laws of
 4673  this state or any other applicable laws.
 4674         b. No such proceeding shall relieve the association of its
 4675  obligation, or otherwise affect its ability to perform its
 4676  obligation, to continue to collect, or levy and collect,
 4677  assessments, market equalization or other surcharges, projected
 4678  recoveries from the Florida Hurricane Catastrophe Fund,
 4679  reinsurance recoverables, or any other rights, revenues, or
 4680  other assets of the association pledged.
 4681         c. Each such pledge or sale of, lien upon, and security
 4682  interest in, including the priority of such pledge, lien, or
 4683  security interest, any such assessments, emergency assessments,
 4684  market equalization or renewal surcharges, projected recoveries
 4685  from the Florida Hurricane Catastrophe Fund, reinsurance
 4686  recoverables, or other rights, revenues, or other assets which
 4687  are collected, or levied and collected, after the commencement
 4688  of and during the pendency of or after any such proceeding shall
 4689  continue unaffected by such proceeding.
 4690         d. As used in this subsection, the term “financing
 4691  documents” means any agreement, instrument, or other document
 4692  now existing or hereafter created evidencing any bonds or other
 4693  indebtedness of the association or pursuant to which any such
 4694  bonds or other indebtedness has been or may be issued and
 4695  pursuant to which any rights, revenues, or other assets of the
 4696  association are pledged or sold to secure the repayment of such
 4697  bonds or indebtedness, together with the payment of interest on
 4698  such bonds or such indebtedness, or the payment of any other
 4699  obligation of the association related to such bonds or
 4700  indebtedness.
 4701         e. Any such pledge or sale of assessments, revenues,
 4702  contract rights or other rights or assets of the association
 4703  shall constitute a lien and security interest, or sale, as the
 4704  case may be, that is immediately effective and attaches to such
 4705  assessments, revenues, contract, or other rights or assets,
 4706  whether or not imposed or collected at the time the pledge or
 4707  sale is made. Any such pledge or sale is effective, valid,
 4708  binding, and enforceable against the association or other entity
 4709  making such pledge or sale, and valid and binding against and
 4710  superior to any competing claims or obligations owed to any
 4711  other person or entity, including policyholders in this state,
 4712  asserting rights in any such assessments, revenues, contract, or
 4713  other rights or assets to the extent set forth in and in
 4714  accordance with the terms of the pledge or sale contained in the
 4715  applicable financing documents, whether or not any such person
 4716  or entity has notice of such pledge or sale and without the need
 4717  for any physical delivery, recordation, filing, or other action.
 4718         f. There shall be no liability on the part of, and no cause
 4719  of action of any nature shall arise against, any member insurer
 4720  or its agents or employees, agents or employees of the
 4721  association, members of the board of directors of the
 4722  association, or the department or its representatives, for any
 4723  action taken by them in the performance of their duties or
 4724  responsibilities under this subsection. Such immunity does not
 4725  apply to actions for breach of any contract or agreement
 4726  pertaining to insurance, or any willful tort.
 4727         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
 4728         (b)1. All insurers authorized to write one or more subject
 4729  lines of business in this state are subject to assessment by the
 4730  corporation and, for the purposes of this subsection, are
 4731  referred to collectively as “assessable insurers.” Insurers
 4732  writing one or more subject lines of business in this state
 4733  pursuant to part VIII of chapter 626 are not assessable
 4734  insurers, but insureds who procure one or more subject lines of
 4735  business in this state pursuant to part VIII of chapter 626 are
 4736  subject to assessment by the corporation and are referred to
 4737  collectively as “assessable insureds.” An authorized insurer’s
 4738  assessment liability shall begin on the first day of the
 4739  calendar year following the year in which the insurer was issued
 4740  a certificate of authority to transact insurance for subject
 4741  lines of business in this state and shall terminate 1 year after
 4742  the end of the first calendar year during which the insurer no
 4743  longer holds a certificate of authority to transact insurance
 4744  for subject lines of business in this state.
 4745         2.a. All revenues, assets, liabilities, losses, and
 4746  expenses of the corporation shall be divided into three separate
 4747  accounts as follows:
 4748         (I) A personal lines account for personal residential
 4749  policies issued by the corporation or issued by the Residential
 4750  Property and Casualty Joint Underwriting Association and renewed
 4751  by the corporation that provide comprehensive, multiperil
 4752  coverage on risks that are not located in areas eligible for
 4753  coverage in the Florida Windstorm Underwriting Association as
 4754  those areas were defined on January 1, 2002, and for such
 4755  policies that do not provide coverage for the peril of wind on
 4756  risks that are located in such areas;
 4757         (II) A commercial lines account for commercial residential
 4758  and commercial nonresidential policies issued by the corporation
 4759  or issued by the Residential Property and Casualty Joint
 4760  Underwriting Association and renewed by the corporation that
 4761  provide coverage for basic property perils on risks that are not
 4762  located in areas eligible for coverage in the Florida Windstorm
 4763  Underwriting Association as those areas were defined on January
 4764  1, 2002, and for such policies that do not provide coverage for
 4765  the peril of wind on risks that are located in such areas; and
 4766         (III) A high-risk account for personal residential policies
 4767  and commercial residential and commercial nonresidential
 4768  property policies issued by the corporation or transferred to
 4769  the corporation that provide coverage for the peril of wind on
 4770  risks that are located in areas eligible for coverage in the
 4771  Florida Windstorm Underwriting Association as those areas were
 4772  defined on January 1, 2002. The corporation may offer policies
 4773  that provide multiperil coverage and the corporation shall
 4774  continue to offer policies that provide coverage only for the
 4775  peril of wind for risks located in areas eligible for coverage
 4776  in the high-risk account. In issuing multiperil coverage, the
 4777  corporation may use its approved policy forms and rates for the
 4778  personal lines account. An applicant or insured who is eligible
 4779  to purchase a multiperil policy from the corporation may
 4780  purchase a multiperil policy from an authorized insurer without
 4781  prejudice to the applicant’s or insured’s eligibility to
 4782  prospectively purchase a policy that provides coverage only for
 4783  the peril of wind from the corporation. An applicant or insured
 4784  who is eligible for a corporation policy that provides coverage
 4785  only for the peril of wind may elect to purchase or retain such
 4786  policy and also purchase or retain coverage excluding wind from
 4787  an authorized insurer without prejudice to the applicant’s or
 4788  insured’s eligibility to prospectively purchase a policy that
 4789  provides multiperil coverage from the corporation. It is the
 4790  goal of the Legislature that there would be an overall average
 4791  savings of 10 percent or more for a policyholder who currently
 4792  has a wind-only policy with the corporation, and an ex-wind
 4793  policy with a voluntary insurer or the corporation, and who then
 4794  obtains a multiperil policy from the corporation. It is the
 4795  intent of the Legislature that the offer of multiperil coverage
 4796  in the high-risk account be made and implemented in a manner
 4797  that does not adversely affect the tax-exempt status of the
 4798  corporation or creditworthiness of or security for currently
 4799  outstanding financing obligations or credit facilities of the
 4800  high-risk account, the personal lines account, or the commercial
 4801  lines account. The high-risk account must also include quota
 4802  share primary insurance under subparagraph (c)2. The area
 4803  eligible for coverage under the high-risk account also includes
 4804  the area within Port Canaveral, which is bordered on the south
 4805  by the City of Cape Canaveral, bordered on the west by the
 4806  Banana River, and bordered on the north by Federal Government
 4807  property.
 4808         b. The three separate accounts must be maintained as long
 4809  as financing obligations entered into by the Florida Windstorm
 4810  Underwriting Association or Residential Property and Casualty
 4811  Joint Underwriting Association are outstanding, in accordance
 4812  with the terms of the corresponding financing documents. When
 4813  the financing obligations are no longer outstanding, in
 4814  accordance with the terms of the corresponding financing
 4815  documents, the corporation may use a single account for all
 4816  revenues, assets, liabilities, losses, and expenses of the
 4817  corporation. Consistent with the requirement of this
 4818  subparagraph and prudent investment policies that minimize the
 4819  cost of carrying debt, the board shall exercise its best efforts
 4820  to retire existing debt or to obtain approval of necessary
 4821  parties to amend the terms of existing debt, so as to structure
 4822  the most efficient plan to consolidate the three separate
 4823  accounts into a single account. By February 1, 2007, the board
 4824  shall submit a report to the Financial Services Commission, the
 4825  President of the Senate, and the Speaker of the House of
 4826  Representatives which includes an analysis of consolidating the
 4827  accounts, the actions the board has taken to minimize the cost
 4828  of carrying debt, and its recommendations for executing the most
 4829  efficient plan.
 4830         c. Creditors of the Residential Property and Casualty Joint
 4831  Underwriting Association and of the accounts specified in sub
 4832  sub-subparagraphs a.(I) and (II) may have a claim against, and
 4833  recourse to, the accounts referred to in sub-sub-subparagraphs
 4834  a.(I) and (II) and shall have no claim against, or recourse to,
 4835  the account referred to in sub-sub-subparagraph a.(III).
 4836  Creditors of the Florida Windstorm Underwriting Association
 4837  shall have a claim against, and recourse to, the account
 4838  referred to in sub-sub-subparagraph a.(III) and shall have no
 4839  claim against, or recourse to, the accounts referred to in sub
 4840  sub-subparagraphs a.(I) and (II).
 4841         d. Revenues, assets, liabilities, losses, and expenses not
 4842  attributable to particular accounts shall be prorated among the
 4843  accounts.
 4844         e. The Legislature finds that the revenues of the
 4845  corporation are revenues that are necessary to meet the
 4846  requirements set forth in documents authorizing the issuance of
 4847  bonds under this subsection.
 4848         f. No part of the income of the corporation may inure to
 4849  the benefit of any private person.
 4850         3. With respect to a deficit in an account:
 4851         a. After accounting for the Citizens policyholder surcharge
 4852  imposed under sub-subparagraph i., when the remaining projected
 4853  deficit incurred in a particular calendar year is not greater
 4854  than 6 percent of the aggregate statewide direct written premium
 4855  for the subject lines of business for the prior calendar year,
 4856  the entire deficit shall be recovered through regular
 4857  assessments of assessable insurers under paragraph (q) (p) and
 4858  assessable insureds.
 4859         b. After accounting for the Citizens policyholder surcharge
 4860  imposed under sub-subparagraph i., when the remaining projected
 4861  deficit incurred in a particular calendar year exceeds 6 percent
 4862  of the aggregate statewide direct written premium for the
 4863  subject lines of business for the prior calendar year, the
 4864  corporation shall levy regular assessments on assessable
 4865  insurers under paragraph (q) (p) and on assessable insureds in
 4866  an amount equal to the greater of 6 percent of the deficit or 6
 4867  percent of the aggregate statewide direct written premium for
 4868  the subject lines of business for the prior calendar year. Any
 4869  remaining deficit shall be recovered through emergency
 4870  assessments under sub-subparagraph d.
 4871         c. Each assessable insurer’s share of the amount being
 4872  assessed under sub-subparagraph a. or sub-subparagraph b. shall
 4873  be in the proportion that the assessable insurer’s direct
 4874  written premium for the subject lines of business for the year
 4875  preceding the assessment bears to the aggregate statewide direct
 4876  written premium for the subject lines of business for that year.
 4877  The assessment percentage applicable to each assessable insured
 4878  is the ratio of the amount being assessed under sub-subparagraph
 4879  a. or sub-subparagraph b. to the aggregate statewide direct
 4880  written premium for the subject lines of business for the prior
 4881  year. Assessments levied by the corporation on assessable
 4882  insurers under sub-subparagraphs a. and b. shall be paid as
 4883  required by the corporation’s plan of operation and paragraph
 4884  (q) (p). Assessments levied by the corporation on assessable
 4885  insureds under sub-subparagraphs a. and b. shall be collected by
 4886  the surplus lines agent at the time the surplus lines agent
 4887  collects the surplus lines tax required by s. 626.932 and shall
 4888  be paid to the Florida Surplus Lines Service Office at the time
 4889  the surplus lines agent pays the surplus lines tax to the
 4890  Florida Surplus Lines Service Office. Upon receipt of regular
 4891  assessments from surplus lines agents, the Florida Surplus Lines
 4892  Service Office shall transfer the assessments directly to the
 4893  corporation as determined by the corporation.
 4894         d. Upon a determination by the board of governors that a
 4895  deficit in an account exceeds the amount that will be recovered
 4896  through regular assessments under sub-subparagraph a. or sub
 4897  subparagraph b., plus the amount that is expected to be
 4898  recovered through surcharges under sub-subparagraph i., as to
 4899  the remaining projected deficit the board shall levy, after
 4900  verification by the office, emergency assessments, for as many
 4901  years as necessary to cover the deficits, to be collected by
 4902  assessable insurers and the corporation and collected from
 4903  assessable insureds upon issuance or renewal of policies for
 4904  subject lines of business, excluding National Flood Insurance
 4905  policies. The amount of the emergency assessment collected in a
 4906  particular year shall be a uniform percentage of that year’s
 4907  direct written premium for subject lines of business and all
 4908  accounts of the corporation, excluding National Flood Insurance
 4909  Program policy premiums, as annually determined by the board and
 4910  verified by the office. The office shall verify the arithmetic
 4911  calculations involved in the board’s determination within 30
 4912  days after receipt of the information on which the determination
 4913  was based. Notwithstanding any other provision of law, the
 4914  corporation and each assessable insurer that writes subject
 4915  lines of business shall collect emergency assessments from its
 4916  policyholders without such obligation being affected by any
 4917  credit, limitation, exemption, or deferment. Emergency
 4918  assessments levied by the corporation on assessable insureds
 4919  shall be collected by the surplus lines agent at the time the
 4920  surplus lines agent collects the surplus lines tax required by
 4921  s. 626.932 and shall be paid to the Florida Surplus Lines
 4922  Service Office at the time the surplus lines agent pays the
 4923  surplus lines tax to the Florida Surplus Lines Service Office.
 4924  The emergency assessments so collected shall be transferred
 4925  directly to the corporation on a periodic basis as determined by
 4926  the corporation and shall be held by the corporation solely in
 4927  the applicable account. The aggregate amount of emergency
 4928  assessments levied for an account under this sub-subparagraph in
 4929  any calendar year may, at the discretion of the board of
 4930  governors, be less than but may not exceed the greater of 10
 4931  percent of the amount needed to cover the deficit, plus
 4932  interest, fees, commissions, required reserves, and other costs
 4933  associated with financing of the original deficit, or 10 percent
 4934  of the aggregate statewide direct written premium for subject
 4935  lines of business and for all accounts of the corporation for
 4936  the prior year, plus interest, fees, commissions, required
 4937  reserves, and other costs associated with financing the deficit.
 4938         e. The corporation may pledge the proceeds of assessments,
 4939  projected recoveries from the Florida Hurricane Catastrophe
 4940  Fund, other insurance and reinsurance recoverables, policyholder
 4941  surcharges and other surcharges, and other funds available to
 4942  the corporation as the source of revenue for and to secure bonds
 4943  issued under paragraph (q) (p), bonds or other indebtedness
 4944  issued under subparagraph (c)3., or lines of credit or other
 4945  financing mechanisms issued or created under this subsection, or
 4946  to retire any other debt incurred as a result of deficits or
 4947  events giving rise to deficits, or in any other way that the
 4948  board determines will efficiently recover such deficits. The
 4949  purpose of the lines of credit or other financing mechanisms is
 4950  to provide additional resources to assist the corporation in
 4951  covering claims and expenses attributable to a catastrophe. As
 4952  used in this subsection, the term “assessments” includes regular
 4953  assessments under sub-subparagraph a., sub-subparagraph b., or
 4954  subparagraph (q)1. (p)1. and emergency assessments under sub
 4955  subparagraph d. Emergency assessments collected under sub
 4956  subparagraph d. are not part of an insurer’s rates, are not
 4957  premium, and are not subject to premium tax, fees, or
 4958  commissions; however, failure to pay the emergency assessment
 4959  shall be treated as failure to pay premium. The emergency
 4960  assessments under sub-subparagraph d. shall continue as long as
 4961  any bonds issued or other indebtedness incurred with respect to
 4962  a deficit for which the assessment was imposed remain
 4963  outstanding, unless adequate provision has been made for the
 4964  payment of such bonds or other indebtedness pursuant to the
 4965  documents governing such bonds or other indebtedness.
 4966         f. As used in this subsection for purposes of any deficit
 4967  incurred on or after January 25, 2007, the term “subject lines
 4968  of business” means insurance written by assessable insurers or
 4969  procured by assessable insureds for all property and casualty
 4970  lines of business in this state, but not including workers’
 4971  compensation or medical malpractice. As used in the sub
 4972  subparagraph, the term “property and casualty lines of business”
 4973  includes all lines of business identified on Form 2, Exhibit of
 4974  Premiums and Losses, in the annual statement required of
 4975  authorized insurers by s. 624.424 and any rule adopted under
 4976  this section, except for those lines identified as accident and
 4977  health insurance and except for policies written under the
 4978  National Flood Insurance Program or the Federal Crop Insurance
 4979  Program. For purposes of this sub-subparagraph, the term
 4980  “workers’ compensation” includes both workers’ compensation
 4981  insurance and excess workers’ compensation insurance.
 4982         g. The Florida Surplus Lines Service Office shall determine
 4983  annually the aggregate statewide written premium in subject
 4984  lines of business procured by assessable insureds and shall
 4985  report that information to the corporation in a form and at a
 4986  time the corporation specifies to ensure that the corporation
 4987  can meet the requirements of this subsection and the
 4988  corporation’s financing obligations.
 4989         h. The Florida Surplus Lines Service Office shall verify
 4990  the proper application by surplus lines agents of assessment
 4991  percentages for regular assessments and emergency assessments
 4992  levied under this subparagraph on assessable insureds and shall
 4993  assist the corporation in ensuring the accurate, timely
 4994  collection and payment of assessments by surplus lines agents as
 4995  required by the corporation.
 4996         i. If a deficit is incurred in any account in 2008 or
 4997  thereafter, the board of governors shall levy a Citizens
 4998  policyholder surcharge against all policyholders of the
 4999  corporation for a 12-month period, which shall be collected at
 5000  the time of issuance or renewal of a policy, as a uniform
 5001  percentage of the premium for the policy of up to 15 percent of
 5002  such premium, which funds shall be used to offset the deficit.
 5003  Citizens policyholder surcharges under this sub-subparagraph are
 5004  not considered premium and are not subject to commissions, fees,
 5005  or premium taxes. However, failure to pay such surcharges shall
 5006  be treated as failure to pay premium.
 5007         j. If the amount of any assessments or surcharges collected
 5008  from corporation policyholders, assessable insurers or their
 5009  policyholders, or assessable insureds exceeds the amount of the
 5010  deficits, such excess amounts shall be remitted to and retained
 5011  by the corporation in a reserve to be used by the corporation,
 5012  as determined by the board of governors and approved by the
 5013  office, to pay claims or reduce any past, present, or future
 5014  plan-year deficits or to reduce outstanding debt.
 5015         (c) The plan of operation of the corporation:
 5016         1. Must provide for adoption of residential property and
 5017  casualty insurance policy forms and commercial residential and
 5018  nonresidential property insurance forms, which forms must be
 5019  approved by the office prior to use. The corporation shall adopt
 5020  the following policy forms:
 5021         a. Standard personal lines policy forms that are
 5022  comprehensive multiperil policies providing full coverage of a
 5023  residential property equivalent to the coverage provided in the
 5024  private insurance market under an HO-3, HO-4, or HO-6 policy.
 5025         b. Basic personal lines policy forms that are policies
 5026  similar to an HO-8 policy or a dwelling fire policy that provide
 5027  coverage meeting the requirements of the secondary mortgage
 5028  market, but which coverage is more limited than the coverage
 5029  under a standard policy.
 5030         c. Commercial lines residential and nonresidential policy
 5031  forms that are generally similar to the basic perils of full
 5032  coverage obtainable for commercial residential structures and
 5033  commercial nonresidential structures in the admitted voluntary
 5034  market.
 5035         d. Personal lines and commercial lines residential property
 5036  insurance forms that cover the peril of wind only. The forms are
 5037  applicable only to residential properties located in areas
 5038  eligible for coverage under the high-risk account referred to in
 5039  sub-subparagraph (b)2.a.
 5040         e. Commercial lines nonresidential property insurance forms
 5041  that cover the peril of wind only. The forms are applicable only
 5042  to nonresidential properties located in areas eligible for
 5043  coverage under the high-risk account referred to in sub
 5044  subparagraph (b)2.a.
 5045         f. The corporation may adopt variations of the policy forms
 5046  listed in sub-subparagraphs a.-e. that contain more restrictive
 5047  coverage.
 5048         2.a. Must provide that the corporation adopt a program in
 5049  which the corporation and authorized insurers enter into quota
 5050  share primary insurance agreements for hurricane coverage, as
 5051  defined in s. 627.4025(2)(a), for eligible risks, and adopt
 5052  property insurance forms for eligible risks which cover the
 5053  peril of wind only. As used in this subsection, the term:
 5054         (I) “Quota share primary insurance” means an arrangement in
 5055  which the primary hurricane coverage of an eligible risk is
 5056  provided in specified percentages by the corporation and an
 5057  authorized insurer. The corporation and authorized insurer are
 5058  each solely responsible for a specified percentage of hurricane
 5059  coverage of an eligible risk as set forth in a quota share
 5060  primary insurance agreement between the corporation and an
 5061  authorized insurer and the insurance contract. The
 5062  responsibility of the corporation or authorized insurer to pay
 5063  its specified percentage of hurricane losses of an eligible
 5064  risk, as set forth in the quota share primary insurance
 5065  agreement, may not be altered by the inability of the other
 5066  party to the agreement to pay its specified percentage of
 5067  hurricane losses. Eligible risks that are provided hurricane
 5068  coverage through a quota share primary insurance arrangement
 5069  must be provided policy forms that set forth the obligations of
 5070  the corporation and authorized insurer under the arrangement,
 5071  clearly specify the percentages of quota share primary insurance
 5072  provided by the corporation and authorized insurer, and
 5073  conspicuously and clearly state that neither the authorized
 5074  insurer nor the corporation may be held responsible beyond its
 5075  specified percentage of coverage of hurricane losses.
 5076         (II) “Eligible risks” means personal lines residential and
 5077  commercial lines residential risks that meet the underwriting
 5078  criteria of the corporation and are located in areas that were
 5079  eligible for coverage by the Florida Windstorm Underwriting
 5080  Association on January 1, 2002.
 5081         b. The corporation may enter into quota share primary
 5082  insurance agreements with authorized insurers at corporation
 5083  coverage levels of 90 percent and 50 percent.
 5084         c. If the corporation determines that additional coverage
 5085  levels are necessary to maximize participation in quota share
 5086  primary insurance agreements by authorized insurers, the
 5087  corporation may establish additional coverage levels. However,
 5088  the corporation’s quota share primary insurance coverage level
 5089  may not exceed 90 percent.
 5090         d. Any quota share primary insurance agreement entered into
 5091  between an authorized insurer and the corporation must provide
 5092  for a uniform specified percentage of coverage of hurricane
 5093  losses, by county or territory as set forth by the corporation
 5094  board, for all eligible risks of the authorized insurer covered
 5095  under the quota share primary insurance agreement.
 5096         e. Any quota share primary insurance agreement entered into
 5097  between an authorized insurer and the corporation is subject to
 5098  review and approval by the office. However, such agreement shall
 5099  be authorized only as to insurance contracts entered into
 5100  between an authorized insurer and an insured who is already
 5101  insured by the corporation for wind coverage.
 5102         f. For all eligible risks covered under quota share primary
 5103  insurance agreements, the exposure and coverage levels for both
 5104  the corporation and authorized insurers shall be reported by the
 5105  corporation to the Florida Hurricane Catastrophe Fund. For all
 5106  policies of eligible risks covered under quota share primary
 5107  insurance agreements, the corporation and the authorized insurer
 5108  shall maintain complete and accurate records for the purpose of
 5109  exposure and loss reimbursement audits as required by Florida
 5110  Hurricane Catastrophe Fund rules. The corporation and the
 5111  authorized insurer shall each maintain duplicate copies of
 5112  policy declaration pages and supporting claims documents.
 5113         g. The corporation board shall establish in its plan of
 5114  operation standards for quota share agreements which ensure that
 5115  there is no discriminatory application among insurers as to the
 5116  terms of quota share agreements, pricing of quota share
 5117  agreements, incentive provisions if any, and consideration paid
 5118  for servicing policies or adjusting claims.
 5119         h. The quota share primary insurance agreement between the
 5120  corporation and an authorized insurer must set forth the
 5121  specific terms under which coverage is provided, including, but
 5122  not limited to, the sale and servicing of policies issued under
 5123  the agreement by the insurance agent of the authorized insurer
 5124  producing the business, the reporting of information concerning
 5125  eligible risks, the payment of premium to the corporation, and
 5126  arrangements for the adjustment and payment of hurricane claims
 5127  incurred on eligible risks by the claims adjuster and personnel
 5128  of the authorized insurer. Entering into a quota sharing
 5129  insurance agreement between the corporation and an authorized
 5130  insurer shall be voluntary and at the discretion of the
 5131  authorized insurer.
 5132         3. May provide that the corporation may employ or otherwise
 5133  contract with individuals or other entities to provide
 5134  administrative or professional services that may be appropriate
 5135  to effectuate the plan. The corporation shall have the power to
 5136  borrow funds, by issuing bonds or by incurring other
 5137  indebtedness, and shall have other powers reasonably necessary
 5138  to effectuate the requirements of this subsection, including,
 5139  without limitation, the power to issue bonds and incur other
 5140  indebtedness in order to refinance outstanding bonds or other
 5141  indebtedness. The corporation may, but is not required to, seek
 5142  judicial validation of its bonds or other indebtedness under
 5143  chapter 75. The corporation may issue bonds or incur other
 5144  indebtedness, or have bonds issued on its behalf by a unit of
 5145  local government pursuant to subparagraph (q)2. (p)2., in the
 5146  absence of a hurricane or other weather-related event, upon a
 5147  determination by the corporation, subject to approval by the
 5148  office, that such action would enable it to efficiently meet the
 5149  financial obligations of the corporation and that such
 5150  financings are reasonably necessary to effectuate the
 5151  requirements of this subsection. The corporation is authorized
 5152  to take all actions needed to facilitate tax-free status for any
 5153  such bonds or indebtedness, including formation of trusts or
 5154  other affiliated entities. The corporation shall have the
 5155  authority to pledge assessments, projected recoveries from the
 5156  Florida Hurricane Catastrophe Fund, other reinsurance
 5157  recoverables, market equalization and other surcharges, and
 5158  other funds available to the corporation as security for bonds
 5159  or other indebtedness. In recognition of s. 10, Art. I of the
 5160  State Constitution, prohibiting the impairment of obligations of
 5161  contracts, it is the intent of the Legislature that no action be
 5162  taken whose purpose is to impair any bond indenture or financing
 5163  agreement or any revenue source committed by contract to such
 5164  bond or other indebtedness.
 5165         4.a. Must require that the corporation operate subject to
 5166  the supervision and approval of a board of governors consisting
 5167  of eight individuals who are residents of this state, from
 5168  different geographical areas of this state. The Governor, the
 5169  Chief Financial Officer, the President of the Senate, and the
 5170  Speaker of the House of Representatives shall each appoint two
 5171  members of the board. At least one of the two members appointed
 5172  by each appointing officer must have demonstrated expertise in
 5173  insurance. The Chief Financial Officer shall designate one of
 5174  the appointees as chair. All board members serve at the pleasure
 5175  of the appointing officer. All members of the board of governors
 5176  are subject to removal at will by the officers who appointed
 5177  them. All board members, including the chair, must be appointed
 5178  to serve for 3-year terms beginning annually on a date
 5179  designated by the plan. However, for the first term beginning on
 5180  or after July 1, 2009, each appointing officer shall appoint one
 5181  member of the board for a 2-year term and one member for a 3
 5182  year term. Any board vacancy shall be filled for the unexpired
 5183  term by the appointing officer. The Chief Financial Officer
 5184  shall appoint a technical advisory group to provide information
 5185  and advice to the board of governors in connection with the
 5186  board’s duties under this subsection. The executive director and
 5187  senior managers of the corporation shall be engaged by the board
 5188  and serve at the pleasure of the board. Any executive director
 5189  appointed on or after July 1, 2006, is subject to confirmation
 5190  by the Senate. The executive director is responsible for
 5191  employing other staff as the corporation may require, subject to
 5192  review and concurrence by the board.
 5193         b. The board shall create a Market Accountability Advisory
 5194  Committee to assist the corporation in developing awareness of
 5195  its rates and its customer and agent service levels in
 5196  relationship to the voluntary market insurers writing similar
 5197  coverage. The members of the advisory committee shall consist of
 5198  the following 11 persons, one of whom must be elected chair by
 5199  the members of the committee: four representatives, one
 5200  appointed by the Florida Association of Insurance Agents, one by
 5201  the Florida Association of Insurance and Financial Advisors, one
 5202  by the Professional Insurance Agents of Florida, and one by the
 5203  Latin American Association of Insurance Agencies; three
 5204  representatives appointed by the insurers with the three highest
 5205  voluntary market share of residential property insurance
 5206  business in the state; one representative from the Office of
 5207  Insurance Regulation; one consumer appointed by the board who is
 5208  insured by the corporation at the time of appointment to the
 5209  committee; one representative appointed by the Florida
 5210  Association of Realtors; and one representative appointed by the
 5211  Florida Bankers Association. All members must serve for 3-year
 5212  terms and may serve for consecutive terms. The committee shall
 5213  report to the corporation at each board meeting on insurance
 5214  market issues which may include rates and rate competition with
 5215  the voluntary market; service, including policy issuance, claims
 5216  processing, and general responsiveness to policyholders,
 5217  applicants, and agents; and matters relating to depopulation.
 5218         5. Must provide a procedure for determining the eligibility
 5219  of a risk for coverage, as follows:
 5220         a. Subject to the provisions of s. 627.3517, with respect
 5221  to personal lines residential risks, if the risk is offered
 5222  coverage from an authorized insurer at the insurer’s approved
 5223  rate under either a standard policy including wind coverage or,
 5224  if consistent with the insurer’s underwriting rules as filed
 5225  with the office, a basic policy including wind coverage, for a
 5226  new application to the corporation for coverage, the risk is not
 5227  eligible for any policy issued by the corporation unless the
 5228  premium for coverage from the authorized insurer is more than 15
 5229  percent greater than the premium for comparable coverage from
 5230  the corporation. If the risk is not able to obtain any such
 5231  offer, the risk is eligible for either a standard policy
 5232  including wind coverage or a basic policy including wind
 5233  coverage issued by the corporation; however, if the risk could
 5234  not be insured under a standard policy including wind coverage
 5235  regardless of market conditions, the risk shall be eligible for
 5236  a basic policy including wind coverage unless rejected under
 5237  subparagraph 8. However, with regard to a policyholder of the
 5238  corporation or a policyholder removed from the corporation
 5239  through an assumption agreement until the end of the assumption
 5240  period, the policyholder remains eligible for coverage from the
 5241  corporation regardless of any offer of coverage from an
 5242  authorized insurer or surplus lines insurer. The corporation
 5243  shall determine the type of policy to be provided on the basis
 5244  of objective standards specified in the underwriting manual and
 5245  based on generally accepted underwriting practices.
 5246         (I) If the risk accepts an offer of coverage through the
 5247  market assistance plan or an offer of coverage through a
 5248  mechanism established by the corporation before a policy is
 5249  issued to the risk by the corporation or during the first 30
 5250  days of coverage by the corporation, and the producing agent who
 5251  submitted the application to the plan or to the corporation is
 5252  not currently appointed by the insurer, the insurer shall:
 5253         (A) Pay to the producing agent of record of the policy, for
 5254  the first year, an amount that is the greater of the insurer’s
 5255  usual and customary commission for the type of policy written or
 5256  a fee equal to the usual and customary commission of the
 5257  corporation; or
 5258         (B) Offer to allow the producing agent of record of the
 5259  policy to continue servicing the policy for a period of not less
 5260  than 1 year and offer to pay the agent the greater of the
 5261  insurer’s or the corporation’s usual and customary commission
 5262  for the type of policy written.
 5263  
 5264  If the producing agent is unwilling or unable to accept
 5265  appointment, the new insurer shall pay the agent in accordance
 5266  with sub-sub-sub-subparagraph (A).
 5267         (II) When the corporation enters into a contractual
 5268  agreement for a take-out plan, the producing agent of record of
 5269  the corporation policy is entitled to retain any unearned
 5270  commission on the policy, and the insurer shall:
 5271         (A) Pay to the producing agent of record of the corporation
 5272  policy, for the first year, an amount that is the greater of the
 5273  insurer’s usual and customary commission for the type of policy
 5274  written or a fee equal to the usual and customary commission of
 5275  the corporation; or
 5276         (B) Offer to allow the producing agent of record of the
 5277  corporation policy to continue servicing the policy for a period
 5278  of not less than 1 year and offer to pay the agent the greater
 5279  of the insurer’s or the corporation’s usual and customary
 5280  commission for the type of policy written.
 5281  
 5282  If the producing agent is unwilling or unable to accept
 5283  appointment, the new insurer shall pay the agent in accordance
 5284  with sub-sub-sub-subparagraph (A).
 5285         b. With respect to commercial lines residential risks, for
 5286  a new application to the corporation for coverage, if the risk
 5287  is offered coverage under a policy including wind coverage from
 5288  an authorized insurer at its approved rate, the risk is not
 5289  eligible for any policy issued by the corporation unless the
 5290  premium for coverage from the authorized insurer is more than 15
 5291  percent greater than the premium for comparable coverage from
 5292  the corporation. If the risk is not able to obtain any such
 5293  offer, the risk is eligible for a policy including wind coverage
 5294  issued by the corporation. However, with regard to a
 5295  policyholder of the corporation or a policyholder removed from
 5296  the corporation through an assumption agreement until the end of
 5297  the assumption period, the policyholder remains eligible for
 5298  coverage from the corporation regardless of any offer of
 5299  coverage from an authorized insurer or surplus lines insurer.
 5300         (I) If the risk accepts an offer of coverage through the
 5301  market assistance plan or an offer of coverage through a
 5302  mechanism established by the corporation before a policy is
 5303  issued to the risk by the corporation or during the first 30
 5304  days of coverage by the corporation, and the producing agent who
 5305  submitted the application to the plan or the corporation is not
 5306  currently appointed by the insurer, the insurer shall:
 5307         (A) Pay to the producing agent of record of the policy, for
 5308  the first year, an amount that is the greater of the insurer’s
 5309  usual and customary commission for the type of policy written or
 5310  a fee equal to the usual and customary commission of the
 5311  corporation; or
 5312         (B) Offer to allow the producing agent of record of the
 5313  policy to continue servicing the policy for a period of not less
 5314  than 1 year and offer to pay the agent the greater of the
 5315  insurer’s or the corporation’s usual and customary commission
 5316  for the type of policy written.
 5317  
 5318  If the producing agent is unwilling or unable to accept
 5319  appointment, the new insurer shall pay the agent in accordance
 5320  with sub-sub-sub-subparagraph (A).
 5321         (II) When the corporation enters into a contractual
 5322  agreement for a take-out plan, the producing agent of record of
 5323  the corporation policy is entitled to retain any unearned
 5324  commission on the policy, and the insurer shall:
 5325         (A) Pay to the producing agent of record of the corporation
 5326  policy, for the first year, an amount that is the greater of the
 5327  insurer’s usual and customary commission for the type of policy
 5328  written or a fee equal to the usual and customary commission of
 5329  the corporation; or
 5330         (B) Offer to allow the producing agent of record of the
 5331  corporation policy to continue servicing the policy for a period
 5332  of not less than 1 year and offer to pay the agent the greater
 5333  of the insurer’s or the corporation’s usual and customary
 5334  commission for the type of policy written.
 5335  
 5336  If the producing agent is unwilling or unable to accept
 5337  appointment, the new insurer shall pay the agent in accordance
 5338  with sub-sub-sub-subparagraph (A).
 5339         c. For purposes of determining comparable coverage under
 5340  sub-subparagraphs a. and b., the comparison shall be based on
 5341  those forms and coverages that are reasonably comparable. The
 5342  corporation may rely on a determination of comparable coverage
 5343  and premium made by the producing agent who submits the
 5344  application to the corporation, made in the agent’s capacity as
 5345  the corporation’s agent. A comparison may be made solely of the
 5346  premium with respect to the main building or structure only on
 5347  the following basis: the same coverage A or other building
 5348  limits; the same percentage hurricane deductible that applies on
 5349  an annual basis or that applies to each hurricane for commercial
 5350  residential property; the same percentage of ordinance and law
 5351  coverage, if the same limit is offered by both the corporation
 5352  and the authorized insurer; the same mitigation credits, to the
 5353  extent the same types of credits are offered both by the
 5354  corporation and the authorized insurer; the same method for loss
 5355  payment, such as replacement cost or actual cash value, if the
 5356  same method is offered both by the corporation and the
 5357  authorized insurer in accordance with underwriting rules; and
 5358  any other form or coverage that is reasonably comparable as
 5359  determined by the board. If an application is submitted to the
 5360  corporation for wind-only coverage in the high-risk account, the
 5361  premium for the corporation’s wind-only policy plus the premium
 5362  for the ex-wind policy that is offered by an authorized insurer
 5363  to the applicant shall be compared to the premium for multiperil
 5364  coverage offered by an authorized insurer, subject to the
 5365  standards for comparison specified in this subparagraph. If the
 5366  corporation or the applicant requests from the authorized
 5367  insurer a breakdown of the premium of the offer by types of
 5368  coverage so that a comparison may be made by the corporation or
 5369  its agent and the authorized insurer refuses or is unable to
 5370  provide such information, the corporation may treat the offer as
 5371  not being an offer of coverage from an authorized insurer at the
 5372  insurer’s approved rate.
 5373         6. Must include rules for classifications of risks and
 5374  rates therefor.
 5375         7. Must provide that if premium and investment income for
 5376  an account attributable to a particular calendar year are in
 5377  excess of projected losses and expenses for the account
 5378  attributable to that year, such excess shall be held in surplus
 5379  in the account. Such surplus shall be available to defray
 5380  deficits in that account as to future years and shall be used
 5381  for that purpose prior to assessing assessable insurers and
 5382  assessable insureds as to any calendar year.
 5383         8. Must provide objective criteria and procedures to be
 5384  uniformly applied for all applicants in determining whether an
 5385  individual risk is so hazardous as to be uninsurable. In making
 5386  this determination and in establishing the criteria and
 5387  procedures, the following shall be considered:
 5388         a. Whether the likelihood of a loss for the individual risk
 5389  is substantially higher than for other risks of the same class;
 5390  and
 5391         b. Whether the uncertainty associated with the individual
 5392  risk is such that an appropriate premium cannot be determined.
 5393  
 5394  The acceptance or rejection of a risk by the corporation shall
 5395  be construed as the private placement of insurance, and the
 5396  provisions of chapter 120 shall not apply.
 5397         9. Must provide that the corporation shall make its best
 5398  efforts to procure catastrophe reinsurance at reasonable rates,
 5399  to cover its projected 100-year probable maximum loss as
 5400  determined by the board of governors.
 5401         10. The policies issued by the corporation must provide
 5402  that, if the corporation or the market assistance plan obtains
 5403  an offer from an authorized insurer to cover the risk at its
 5404  approved rates, the risk is no longer eligible for renewal
 5405  through the corporation, except as otherwise provided in this
 5406  subsection.
 5407         11. Corporation policies and applications must include a
 5408  notice that the corporation policy could, under this section, be
 5409  replaced with a policy issued by an authorized insurer that does
 5410  not provide coverage identical to the coverage provided by the
 5411  corporation. The notice shall also specify that acceptance of
 5412  corporation coverage creates a conclusive presumption that the
 5413  applicant or policyholder is aware of this potential.
 5414         12. May establish, subject to approval by the office,
 5415  different eligibility requirements and operational procedures
 5416  for any line or type of coverage for any specified county or
 5417  area if the board determines that such changes to the
 5418  eligibility requirements and operational procedures are
 5419  justified due to the voluntary market being sufficiently stable
 5420  and competitive in such area or for such line or type of
 5421  coverage and that consumers who, in good faith, are unable to
 5422  obtain insurance through the voluntary market through ordinary
 5423  methods would continue to have access to coverage from the
 5424  corporation. When coverage is sought in connection with a real
 5425  property transfer, such requirements and procedures shall not
 5426  provide for an effective date of coverage later than the date of
 5427  the closing of the transfer as established by the transferor,
 5428  the transferee, and, if applicable, the lender.
 5429         13. Must provide that, with respect to the high-risk
 5430  account, any assessable insurer with a surplus as to
 5431  policyholders of $25 million or less writing 25 percent or more
 5432  of its total countrywide property insurance premiums in this
 5433  state may petition the office, within the first 90 days of each
 5434  calendar year, to qualify as a limited apportionment company. A
 5435  regular assessment levied by the corporation on a limited
 5436  apportionment company for a deficit incurred by the corporation
 5437  for the high-risk account in 2006 or thereafter may be paid to
 5438  the corporation on a monthly basis as the assessments are
 5439  collected by the limited apportionment company from its insureds
 5440  pursuant to s. 627.3512, but the regular assessment must be paid
 5441  in full within 12 months after being levied by the corporation.
 5442  A limited apportionment company shall collect from its
 5443  policyholders any emergency assessment imposed under sub
 5444  subparagraph (b)3.d. The plan shall provide that, if the office
 5445  determines that any regular assessment will result in an
 5446  impairment of the surplus of a limited apportionment company,
 5447  the office may direct that all or part of such assessment be
 5448  deferred as provided in subparagraph (q)4. (p)4. However, there
 5449  shall be no limitation or deferment of an emergency assessment
 5450  to be collected from policyholders under sub-subparagraph
 5451  (b)3.d.
 5452         14. Must provide that the corporation appoint as its
 5453  licensed agents only those agents who also hold an appointment
 5454  as defined in s. 626.015(3) with an insurer who at the time of
 5455  the agent’s initial appointment by the corporation is authorized
 5456  to write and is actually writing personal lines residential
 5457  property coverage, commercial residential property coverage, or
 5458  commercial nonresidential property coverage within the state.
 5459         15. Must provide, by July 1, 2007, a premium payment plan
 5460  option to its policyholders which allows at a minimum for
 5461  quarterly and semiannual payment of premiums. A monthly payment
 5462  plan may, but is not required to, be offered.
 5463         16. Must limit coverage on mobile homes or manufactured
 5464  homes built prior to 1994 to actual cash value of the dwelling
 5465  rather than replacement costs of the dwelling.
 5466         17. May provide such limits of coverage as the board
 5467  determines, consistent with the requirements of this subsection.
 5468         18. May require commercial property to meet specified
 5469  hurricane mitigation construction features as a condition of
 5470  eligibility for coverage.
 5471         (o) If coverage in an account is deactivated pursuant to
 5472  paragraph (p) (o), coverage through the corporation shall be
 5473  reactivated by order of the office only under one of the
 5474  following circumstances:
 5475         1. If the market assistance plan receives a minimum of 100
 5476  applications for coverage within a 3-month period, or 200
 5477  applications for coverage within a 1-year period or less for
 5478  residential coverage, unless the market assistance plan provides
 5479  a quotation from admitted carriers at their filed rates for at
 5480  least 90 percent of such applicants. Any market assistance plan
 5481  application that is rejected because an individual risk is so
 5482  hazardous as to be uninsurable using the criteria specified in
 5483  subparagraph (c)8. shall not be included in the minimum
 5484  percentage calculation provided herein. In the event that there
 5485  is a legal or administrative challenge to a determination by the
 5486  office that the conditions of this subparagraph have been met
 5487  for eligibility for coverage in the corporation, any eligible
 5488  risk may obtain coverage during the pendency of such challenge.
 5489         2. In response to a state of emergency declared by the
 5490  Governor under s. 252.36, the office may activate coverage by
 5491  order for the period of the emergency upon a finding by the
 5492  office that the emergency significantly affects the availability
 5493  of residential property insurance.
 5494         Reviser’s note.—Paragraphs (2)(b) and (6)(b), (c), and
 5495         (o) are amended to conform to the addition of a new
 5496         paragraph (6)(f) by s. 4, ch. 2009-77, Laws of
 5497         Florida. Paragraph (6)(b) is amended and paragraph
 5498         (6)(cc) is repealed to delete references to reports
 5499         that were due February 1, 2007.
 5500         Section 122. Paragraph (c) of subsection (5) of section
 5501  733.817, Florida Statutes, is amended to read:
 5502         733.817 Apportionment of estate taxes.—
 5503         (5) Except as provided above or as otherwise directed by
 5504  the governing instrument, the net tax attributable to each
 5505  interest shall be apportioned as follows:
 5506         (c) The net tax attributable to an interest in protected
 5507  homestead shall be apportioned against the recipients of other
 5508  interests in the estate or passing under any revocable trust in
 5509  the following order:
 5510         1. Class I: Recipients of interests not disposed of by the
 5511  decedent’s will or revocable trust that are included in the
 5512  measure of the federal estate tax.
 5513         2. Class II: Recipients of residuary devises and residuary
 5514  interests that are included in the measure of the federal estate
 5515  tax.
 5516         3. Class III: Recipients of nonresiduary devises and
 5517  nonresiduary interests that are included in the measure of the
 5518  federal estate tax.
 5519  
 5520  The net tax apportioned to a class, if any, pursuant to this
 5521  paragraph shall be apportioned among the recipients in the class
 5522  in the proportion that the value of the interest of each bears
 5523  to the total value of all interests included in that class.
 5524         Reviser’s note.—Amended to conform to context.
 5525         Section 123. Paragraph (a) of subsection (1) of section
 5526  817.36, Florida Statutes, is amended to read:
 5527         817.36 Resale of tickets.—
 5528         (1) A person or entity that offers for resale or resells
 5529  any ticket may charge only $1 above the admission price charged
 5530  therefor by the original ticket seller of the ticket for the
 5531  following transactions:
 5532         (a) Passage or accommodations on any common carrier in this
 5533  state. However, this paragraph does not apply to travel agencies
 5534  that have an established place of business in this state and are
 5535  , is required to pay state, county, and city occupational
 5536  license taxes.
 5537         Reviser’s note.—Amended to confirm an editorial
 5538         substitution made to improve clarity and correct
 5539         sentence structure.
 5540         Section 124. Paragraph (a) of subsection (4) of section
 5541  921.002, Florida Statutes, is amended to read:
 5542         921.002 The Criminal Punishment Code.—The Criminal
 5543  Punishment Code shall apply to all felony offenses, except
 5544  capital felonies, committed on or after October 1, 1998.
 5545         (4)(a) The Department of Corrections shall report on trends
 5546  in sentencing practices and sentencing score thresholds and
 5547  provide an analysis on the sentencing factors considered by the
 5548  courts and shall submit this information to the Legislature by
 5549  October 1 of each year, beginning in 1999.
 5550         Reviser’s note.—Amended to delete language that has
 5551         served its purpose.
 5552         Section 125. Subsection (11) of section 934.02, Florida
 5553  Statutes, is amended to read:
 5554         934.02 Definitions.—As used in this chapter:
 5555         (11) “Communication common carrier” shall have the same
 5556  meaning which is given the term “common carrier” in 47 U.S.C. s.
 5557  153(10) 153(h).
 5558         Reviser’s note.—Amended to confirm an editorial
 5559         substitution; 47 U.S.C. s. 153(10) defines the term
 5560         “common carrier,” and 47 U.S.C. s. 153(h) does not
 5561         exist.
 5562         Section 126. Paragraph (a) of subsection (7) of section
 5563  1002.335, Florida Statutes, is amended to read:
 5564         1002.335 Florida Schools of Excellence Commission.—
 5565         (7) COSPONSOR AGREEMENT.—
 5566         (a) Upon approval of a cosponsor, the commission and the
 5567  cosponsor shall enter into an agreement that defines the
 5568  cosponsor’s rights and obligations and includes the following:
 5569         1. An explanation of the personnel, contractual and
 5570  interagency relationships, and potential revenue sources
 5571  referenced in the application as required in paragraph (6)(c).
 5572         2. Incorporation of the requirements of equal access for
 5573  all students, including any plans to provide food service or
 5574  transportation reasonably necessary to provide access to as many
 5575  students as possible.
 5576         3. Incorporation of the requirement to serve low-income,
 5577  low-performing, gifted, or underserved student populations.
 5578         4. An explanation of the academic and financial goals and
 5579  expected outcomes for the cosponsor’s charter schools and the
 5580  method and plans by which they will be measured and achieved as
 5581  referenced in the application.
 5582         5. The conflict-of-interest policies referenced in the
 5583  application.
 5584         6. An explanation of the disposition of facilities and
 5585  assets upon termination and dissolution of a charter school
 5586  approved by the cosponsor.
 5587         7. A provision requiring the cosponsor to annually appear
 5588  before the commission and provide a report as to the information
 5589  provided pursuant to s. 1002.33(9)(k) 1002.33(9)(l) for each of
 5590  its charter schools.
 5591         8. A provision requiring that the cosponsor report the
 5592  student enrollment in each of its sponsored charter schools to
 5593  the district school board of the county in which the school is
 5594  located.
 5595         9. A provision requiring that the cosponsor work with the
 5596  commission to provide the necessary reports to the State Board
 5597  of Education.
 5598         10. Any other reasonable terms deemed appropriate by the
 5599  commission given the unique characteristics of the cosponsor.
 5600         Reviser’s note.—Amended to conform to the
 5601         redesignation of paragraphs within s. 1002.33(9) by s.
 5602         7, ch. 2009-214, Laws of Florida.
 5603         Section 127. Paragraph (c) of subsection (3) of section
 5604  1003.57, Florida Statutes, is amended to read:
 5605         1003.57 Exceptional students instruction.—
 5606         (3)
 5607         (c) Within 10 business days after receiving the
 5608  notification, the receiving school district must review the
 5609  student’s individual educational plan (IEP) to determine if the
 5610  student’s IEP can be implemented by the receiving school
 5611  district or by a provider or facility under contract with the
 5612  receiving school district. The receiving school district shall:
 5613         1. Provide educational instruction to the student;
 5614         2. Contract with another provider or facility to provide
 5615  the educational instruction;
 5616         3. Contract with the private residential care facility in
 5617  which the student resides to provide the educational
 5618  instruction; or
 5619         4. Decline to provide or contract for educational
 5620  instruction.
 5621  
 5622  If the receiving school district declines to provide or contract
 5623  for the educational instruction, the school district in which
 5624  the legal residence of the student is located shall provide or
 5625  contract for the educational instruction to the student. The
 5626  school district that provides educational instruction or
 5627  contracts to provide educational instruction shall report the
 5628  student for funding purposes pursuant to s. 1011.62.
 5629  
 5630  The requirements of paragraphs (c) and (d) do not apply to
 5631  written agreements among school districts which specify each
 5632  school district’s responsibility for providing and paying for
 5633  educational services to an exceptional student in a residential
 5634  care facility. However, each agreement must require a school
 5635  district to review the student’s IEP within 10 business days
 5636  after receiving the notification required under paragraph (b).
 5637         Reviser’s note.—Amended to confirm an editorial
 5638         insertion made to provide clarity.
 5639         Section 128. Paragraph (a) of subsection (2) and subsection
 5640  (7) of section 1004.87, Florida Statutes, are repealed.
 5641         Reviser’s note.—Paragraph (2)(a) is repealed to delete
 5642         material relating to appointment of initial members of
 5643         the Florida College System Task Force on or before
 5644         August 31, 2008, and holding of the first task force
 5645         meeting on or before September 15, 2008. Subsection
 5646         (7) is repealed to delete material relating to
 5647         submittal of a report and recommendations by March 2,
 5648         2009.
 5649         Section 129. Subsection (6) of section 1011.71, Florida
 5650  Statutes, is amended to read:
 5651         1011.71 District school tax.—
 5652         (6) Violations of the expenditure provisions in subsection
 5653  (2) or subsection (5) (4) shall result in an equal dollar
 5654  reduction in the Florida Education Finance Program (FEFP) funds
 5655  for the violating district in the fiscal year following the
 5656  audit citation.
 5657         Reviser’s note.—Amended to conform to the
 5658         redesignation of subsection (4) as subsection (5) by
 5659         s. 33, ch. 2009-59, Laws of Florida.
 5660         Section 130. Subsection (2) of section 1011.73, Florida
 5661  Statutes, is amended to read:
 5662         1011.73 District millage elections.—
 5663         (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district
 5664  school board, pursuant to resolution adopted at a regular
 5665  meeting, shall direct the county commissioners to call an
 5666  election at which the electors within the school district may
 5667  approve an ad valorem tax millage as authorized under s.
 5668  1011.71(9) 1011.71(8). Such election may be held at any time,
 5669  except that not more than one such election shall be held during
 5670  any 12-month period. Any millage so authorized shall be levied
 5671  for a period not in excess of 4 years or until changed by
 5672  another millage election, whichever is earlier. If any such
 5673  election is invalidated by a court of competent jurisdiction,
 5674  such invalidated election shall be considered not to have been
 5675  held.
 5676         Reviser’s note.—Amended to conform to the
 5677         redesignation of subsections within s. 1011.71 by s.
 5678         33, ch. 2009-59, Laws of Florida. 
 5679         Section 131. Subsection (1) of section 1013.45, Florida
 5680  Statutes, is reenacted to read:
 5681         1013.45 Educational facilities contracting and construction
 5682  techniques.—
 5683         (1) Boards may employ procedures to contract for
 5684  construction of new facilities, or for additions, remodeling,
 5685  renovation, maintenance, or repairs to existing facilities, that
 5686  will include, but not be limited to:
 5687         (a) Competitive bids.
 5688         (b) Design-build pursuant to s. 287.055.
 5689         (c) Selecting a construction management entity, pursuant to
 5690  s. 255.103 or the process provided by s. 287.055, that would be
 5691  responsible for all scheduling and coordination in both design
 5692  and construction phases and is generally responsible for the
 5693  successful, timely, and economical completion of the
 5694  construction project. The construction management entity must
 5695  consist of or contract with licensed or registered professionals
 5696  for the specific fields or areas of construction to be
 5697  performed, as required by law. At the option of the board, the
 5698  construction management entity, after having been selected, may
 5699  be required to offer a guaranteed maximum price or a guaranteed
 5700  completion date; in which case, the construction management
 5701  entity must secure an appropriate surety bond pursuant to s.
 5702  255.05 and must hold construction subcontracts. The criteria for
 5703  selecting a construction management entity shall not unfairly
 5704  penalize an entity that has relevant experience in the delivery
 5705  of construction projects of similar size and complexity by
 5706  methods of delivery other than construction management.
 5707         (d) Selecting a program management entity, pursuant to s.
 5708  255.103 or the process provided by s. 287.055, that would act as
 5709  the agent of the board and would be responsible for schedule
 5710  control, cost control, and coordination in providing or
 5711  procuring planning, design, and construction services. The
 5712  program management entity must consist of or contract with
 5713  licensed or registered professionals for the specific areas of
 5714  design or construction to be performed as required by law. The
 5715  program management entity may retain necessary design
 5716  professionals selected under the process provided in s. 287.055.
 5717  At the option of the board, the program management entity, after
 5718  having been selected, may be required to offer a guaranteed
 5719  maximum price or a guaranteed completion date, in which case the
 5720  program management entity must secure an appropriate surety bond
 5721  pursuant to s. 255.05 and must hold design and construction
 5722  subcontracts. The criteria for selecting a program management
 5723  entity shall not unfairly penalize an entity that has relevant
 5724  experience in the delivery of construction programs of similar
 5725  size and complexity by methods of delivery other than program
 5726  management.
 5727         (e) Day-labor contracts not exceeding $280,000 for
 5728  construction, renovation, remodeling, or maintenance of existing
 5729  facilities. Beginning January 2009, this amount shall be
 5730  adjusted annually based upon changes in the Consumer Price
 5731  Index.
 5732         Reviser’s note.—Section 5, ch. 2009-227, Laws of
 5733         Florida, amended subsection (1) without publishing
 5734         paragraph (e). Absent affirmative evidence of
 5735         legislative intent to repeal paragraph (e), subsection
 5736         (1) is reenacted to confirm that the omission was not
 5737         intended.
 5738         Section 132. This act shall take effect on the 60th day
 5739  after adjournment sine die of the session of the Legislature in
 5740  which enacted.

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