| 1 | A reviser's bill to be entitled |
| 2 | An act relating to the Florida Statutes; amending ss. |
| 3 | 7.06, 11.45, 17.0315, 112.354, 112.361, 112.363, 120.55, |
| 4 | 121.053, 121.081, 121.091, 163.31771, 163.3180, 175.071, |
| 5 | 185.06, 192.001, 192.0105, 193.1555, 193.503, 193.703, |
| 6 | 196.011, 196.075, 196.1975, 196.1977, 197.402, 200.069, |
| 7 | 210.1801, 211.06, 212.098, 215.211, 238.07, 238.071, |
| 8 | 238.09, 255.043, 260.019, 265.2865, 265.32, 265.606, |
| 9 | 265.701, 282.201, 282.204, 282.318, 282.702, 288.012, |
| 10 | 288.021, 288.0656, 288.1081, 288.1169, 288.1224, 311.12, |
| 11 | 311.121, 311.122, 318.18, 318.21, 321.02, 322.271, 327.73, |
| 12 | 334.044, 337.0261, 337.16, 338.235, 365.172, 373.046, |
| 13 | 373.236, 376.30713, 377.709, 380.06, 394.875, 394.9082, |
| 14 | 395.4036, 397.311, 397.334, 400.141, 400.474, 403.0872, |
| 15 | 403.93345, 403.9336, 408.0361, 408.05, 408.820, 409.816, |
| 16 | 409.908, 409.911, 409.912, 409.91211, 420.628, 430.04, |
| 17 | 440.105, 443.1117, 445.049, 450.231, 456.041, 466.0067, |
| 18 | 472.016, 472.036, 473.315, 489.119, 494.00321, 494.00611, |
| 19 | 494.0066, 501.1377, 517.191, 526.144, 556.105, 569.19, |
| 20 | 589.011, 627.062, 627.351, 733.817, 817.36, 921.002, |
| 21 | 934.02, 1002.335, 1003.57, 1004.87, 1011.71, and 1011.73, |
| 22 | F.S.; reenacting ss. 120.52, 381.84(6), 409.905(5), |
| 23 | 624.91(6), and 1013.45(1), F.S.; and repealing ss. 28.39, |
| 24 | 34.205, 39.4086, 282.5001, 282.5002, 282.5003, 282.5004, |
| 25 | 282.5005, 282.5006, 282.5007, 282.5008, 322.181, 381.912, |
| 26 | 382.357, 400.195, and 576.092, F.S., pursuant to s. |
| 27 | 11.242, F.S.; deleting provisions that have expired, have |
| 28 | become obsolete, have had their effect, have served their |
| 29 | purpose, or have been impliedly repealed or superseded; |
| 30 | replacing incorrect cross-references and citations; |
| 31 | correcting grammatical, typographical, and like errors; |
| 32 | removing inconsistencies, redundancies, and unnecessary |
| 33 | repetition in the statutes; improving the clarity of the |
| 34 | statutes and facilitating their correct interpretation; |
| 35 | and confirming the restoration of provisions |
| 36 | unintentionally omitted from republication in the acts of |
| 37 | the Legislature during the amendatory process; providing |
| 38 | an effective date. |
| 39 |
|
| 40 | Be It Enacted by the Legislature of the State of Florida: |
| 41 |
|
| 42 | Section 1. Section 7.06, Florida Statutes, as amended by |
| 43 | section 1 of chapter 2007-222, Laws of Florida, is amended to |
| 44 | read: |
| 45 | 7.06 Broward County.-The boundary lines of Broward County |
| 46 | are as follows: Beginning on the east boundary of the State of |
| 47 | Florida at a point where the south boundary of township forty- |
| 48 | seven south of range forty-three east, produced easterly, would |
| 49 | intersect the same; thence westerly on said township boundary to |
| 50 | its intersection with the axis or center line of Hillsborough |
| 51 | State Drainage Canal, as at present located and constructed; |
| 52 | thence westerly along the center line of said canal to its |
| 53 | intersection with the range line dividing ranges forty and |
| 54 | forty-one east; thence south on the range line dividing ranges |
| 55 | forty and forty-one east, of township forty-seven south, to the |
| 56 | northeast corner of section twenty-five of township forty-seven, |
| 57 | south, of range forty east; thence due west on the north |
| 58 | boundaries of the sections numbered from twenty-five to thirty, |
| 59 | inclusive, of townships forty-seven south, of ranges thirty- |
| 60 | seven to forty east, inclusive, as the same have been surveyed, |
| 61 | or may hereafter be surveyed, by the authority of the Board of |
| 62 | Trustees of the Internal Improvement Trust Fund, to the |
| 63 | northwest corner of section thirty of township forty-seven |
| 64 | south, of range thirty-seven east; thence continuing due west to |
| 65 | the range line between ranges thirty-four and thirty-five east; |
| 66 | thence southerly on the range line dividing ranges thirty-four |
| 67 | and thirty-five east, to the southwest corner of township fifty- |
| 68 | one south, of range thirty-five east; thence east following the |
| 69 | south line of township fifty-one south, across ranges thirty- |
| 70 | five, thirty-six, thirty-seven, thirty-eight, thirty-nine and |
| 71 | forty, to the southwest corner of township fifty-one south of |
| 72 | range forty-one east; thence north on the range line dividing |
| 73 | ranges forty and forty-one to the northwest corner of section |
| 74 | thirty-one of township fifty-one south, of range forty-one east; |
| 75 | thence east on the north boundary of section thirty-one and |
| 76 | other sections to the waters of the Atlantic Ocean; thence |
| 77 | easterly to the eastern boundary of the State of Florida; thence |
| 78 | northerly along said eastern boundary to the point of beginning. |
| 79 | In addition, the boundary lines of Broward County include the |
| 80 | following: Begin at the northwest corner of section thirty-five, |
| 81 | township fifty-one south, range forty-two east, Miami-Dade Dade |
| 82 | County, Florida; thence, southerly following the west line of |
| 83 | section thirty-five, township fifty-one south, range forty-two |
| 84 | east to the intersection with a line which is two hundred and |
| 85 | thirty feet south of and parallel to the north line of section |
| 86 | thirty-five, township fifty-one south, range forty-two east; |
| 87 | thence, easterly following the 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, to |
| 90 | the intersection with the west boundary line of the Town of |
| 91 | Golden Beach; thence, northerly following the west boundary line |
| 92 | of the Town of Golden Beach to the intersection with the north |
| 93 | line of section thirty-five, township fifty-one south, range |
| 94 | forty-two east; thence, westerly following the north line of |
| 95 | section thirty-five, township fifty-one south, range forty-two |
| 96 | east to the point of beginning. |
| 97 | Reviser's note.-Amended to conform to the |
| 98 | redesignation of Dade County as Miami-Dade County by |
| 99 | s. 1-4.2 of the Miami-Dade County Code. |
| 100 | Section 2. Subsection (1) of section 11.45, Florida |
| 101 | Statutes, is amended to read: |
| 102 | 11.45 Definitions; duties; authorities; reports; rules.- |
| 103 | (1) DEFINITIONS.-As used in ss. 11.40-11.513 11.40-11.515, |
| 104 | the term: |
| 105 | (a) "Audit" means a financial audit, operational audit, or |
| 106 | performance audit. |
| 107 | (b) "County agency" means a board of county commissioners |
| 108 | or other legislative and governing body of a county, however |
| 109 | styled, including that of a consolidated or metropolitan |
| 110 | government, a clerk of the circuit court, a separate or ex |
| 111 | officio clerk of the county court, a sheriff, a property |
| 112 | appraiser, a tax collector, a supervisor of elections, or any |
| 113 | other officer in whom any portion of the fiscal duties of the |
| 114 | above are under law separately placed. |
| 115 | (c) "Financial audit" means an examination of financial |
| 116 | statements in order to express an opinion on the fairness with |
| 117 | which they are presented in conformity with generally accepted |
| 118 | accounting principles and an examination to determine whether |
| 119 | operations are properly conducted in accordance with legal and |
| 120 | regulatory requirements. Financial audits must be conducted in |
| 121 | accordance with generally accepted auditing standards and |
| 122 | government auditing standards as adopted by the Board of |
| 123 | Accountancy. |
| 124 | (d) "Governmental entity" means a state agency, a county |
| 125 | agency, or any other entity, however styled, that independently |
| 126 | exercises any type of state or local governmental function. |
| 127 | (e) "Local governmental entity" means a county agency, |
| 128 | municipality, or special district as defined in s. 189.403, but |
| 129 | does not include any housing authority established under chapter |
| 130 | 421. |
| 131 | (f) "Management letter" means a statement of the auditor's |
| 132 | comments and recommendations. |
| 133 | (g) "Operational audit" means a financial-related audit |
| 134 | whose purpose is to evaluate management's performance in |
| 135 | administering assigned responsibilities in accordance with |
| 136 | applicable laws, administrative rules, and other guidelines and |
| 137 | to determine the extent to which the internal control, as |
| 138 | designed and placed in operation, promotes and encourages the |
| 139 | achievement of management's control objectives in the categories |
| 140 | of compliance, economic and efficient operations, reliability of |
| 141 | financial records and reports, and safeguarding of assets. |
| 142 | (h) "Performance audit" means an examination of a program, |
| 143 | activity, or function of a governmental entity, conducted in |
| 144 | accordance with applicable government auditing standards or |
| 145 | auditing and evaluation standards of other appropriate |
| 146 | authoritative bodies. The term includes an examination of issues |
| 147 | related to: |
| 148 | 1. Economy, efficiency, or effectiveness of the program. |
| 149 | 2. Structure or design of the program to accomplish its |
| 150 | goals and objectives. |
| 151 | 3. Adequacy of the program to meet the needs identified by |
| 152 | the Legislature or governing body. |
| 153 | 4. Alternative methods of providing program services or |
| 154 | products. |
| 155 | 5. Goals, objectives, and performance measures used by the |
| 156 | agency to monitor and report program accomplishments. |
| 157 | 6. The accuracy or adequacy of public documents, reports, |
| 158 | or requests prepared under the program by state agencies. |
| 159 | 7. Compliance of the program with appropriate policies, |
| 160 | rules, or laws. |
| 161 | 8. Any other issues related to governmental entities as |
| 162 | directed by the Legislative Auditing Committee. |
| 163 | (i) "Political subdivision" means a separate agency or |
| 164 | unit of local government created or established by law and |
| 165 | includes, but is not limited to, the following and the officers |
| 166 | thereof: authority, board, branch, bureau, city, commission, |
| 167 | consolidated government, county, department, district, |
| 168 | institution, metropolitan government, municipality, office, |
| 169 | officer, public corporation, town, or village. |
| 170 | (j) "State agency" means a separate agency or unit of |
| 171 | state government created or established by law and includes, but |
| 172 | is not limited to, the following and the officers thereof: |
| 173 | authority, board, branch, bureau, commission, department, |
| 174 | division, institution, office, officer, or public corporation, |
| 175 | as the case may be, except any such agency or unit within the |
| 176 | legislative branch of state government other than the Florida |
| 177 | Public Service Commission. |
| 178 | Reviser's note.-Amended to conform to the repeal of s. |
| 179 | 11.515 by s. 3, ch. 2001-86, Laws of Florida. |
| 180 | Section 3. Subsection (3) of section 17.0315, Florida |
| 181 | Statutes, is amended to read: |
| 182 | 17.0315 Financial and cash management system; task force.- |
| 183 | (3) State agency administrative services directors, |
| 184 | finance and accounting officers, and budget directors within all |
| 185 | branches of state government shall fully cooperate with the task |
| 186 | force in its development of the strategic plan. The task force |
| 187 | shall submit to the Governor, the President of the Senate, and |
| 188 | the Speaker of the House of Representatives a strategic business |
| 189 | plan that includes, but is not limited to: |
| 190 | (a) Identifying problems and opportunities imposed by |
| 191 | current law and the current administration with respect to |
| 192 | existing state accounting and cash management systems; |
| 193 | (b) Providing developmental solutions to known failures, |
| 194 | including, but not limited to, those identified by external |
| 195 | review and audit reports; |
| 196 | (c) Recommending business processes, requirements, and |
| 197 | governance structure to support a standardized statewide |
| 198 | accounting and cash management system; |
| 199 | (d) Evaluating alternative funding approaches to equitably |
| 200 | distribute common accounting infrastructure costs across all |
| 201 | participating users; and |
| 202 | (e) Providing an enterprise-wide work product that can be |
| 203 | used as the basis for a revised competitive procurement process |
| 204 | for the implementation of a successor system. |
| 205 |
|
| 206 | The Chief Financial Officer shall submit the initial report, |
| 207 | along with draft legislation recommended to implement a |
| 208 | standardized statewide financial and cash management system, by |
| 209 | February 1, 2009. |
| 210 | Reviser's note.-Amended to delete a provision |
| 211 | requiring submittal of an initial report and draft |
| 212 | legislation by February 1, 2009. |
| 213 | Section 4. Section 28.39, Florida Statutes, is repealed. |
| 214 | Reviser's note.-Repealed to delete material relating |
| 215 | to court fees and costs imposed on or before June 30, |
| 216 | 2004, and repealed effective July 1, 2004. |
| 217 | Section 5. Section 34.205, Florida Statutes, is repealed. |
| 218 | Reviser's note.-Repealed to delete material relating |
| 219 | to court fees and costs imposed on or before June 30, |
| 220 | 2004, and repealed effective July 1, 2004. |
| 221 | Section 6. Section 39.4086, Florida Statutes, is repealed. |
| 222 | Reviser's note.-Repealed to delete material relating |
| 223 | to a 3-year pilot program for attorneys ad litem and |
| 224 | providing for a final report by October 1, 2003. |
| 225 | Section 7. Section 112.354, Florida Statutes, is amended |
| 226 | to read: |
| 227 | 112.354 Eligibility for supplement.-Each retired member |
| 228 | or, if applicable, a joint annuitant, except any person |
| 229 | receiving survivor benefits under the teachers' retirement |
| 230 | system of the state in accordance with s. 238.07(18) 238.07(16), |
| 231 | shall be entitled to receive a supplement computed in accordance |
| 232 | with s. 112.355 upon: |
| 233 | (1) Furnishing to the Department of Management Services |
| 234 | evidence from the Social Security Administration setting forth |
| 235 | the retired member's social security benefit or certifying the |
| 236 | noninsured status of the retired member under the Social |
| 237 | Security Act, and |
| 238 | (2) Filing written application with the Department of |
| 239 | Management Services for such supplement. |
| 240 | Reviser's note.-Amended to confirm an editorial |
| 241 | substitution made to conform to the editorial |
| 242 | redesignation of s. 238.07(15A) and (15B) as s. |
| 243 | 238.07(16) and (17), which necessitated the |
| 244 | redesignation of s. 238.07(16) as s. 238.07(18). |
| 245 | Section 8. Subsection (4) of section 112.361, Florida |
| 246 | Statutes, is amended to read: |
| 247 | 112.361 Additional and updated supplemental retirement |
| 248 | benefits.- |
| 249 | (4) ELIGIBILITY FOR SUPPLEMENT.-Each retired member or, if |
| 250 | applicable, a joint annuitant, except any person receiving |
| 251 | survivor's benefits under the Teachers' Retirement System of the |
| 252 | state in accordance with s. 238.07(18) 238.07(16), shall be |
| 253 | entitled to receive a supplement computed in accordance with |
| 254 | subsection (5), upon: |
| 255 | (a) Furnishing to the department evidence from the Social |
| 256 | Security Administration setting forth the retired member's |
| 257 | social security benefit or certifying the noninsured status of |
| 258 | the retired member under the Social Security Act, and |
| 259 | (b) Filing written application with the department for |
| 260 | such supplement. |
| 261 | Reviser's note.-Amended to confirm an editorial |
| 262 | substitution made to conform to the editorial |
| 263 | redesignation of s. 238.07(15A) and (15B) as s. |
| 264 | 238.07(16) and (17), which necessitated the |
| 265 | redesignation of s. 238.07(16) as s. 238.07(18). |
| 266 | Section 9. Paragraph (a) of subsection (2) of section |
| 267 | 112.363, Florida Statutes, is amended to read: |
| 268 | 112.363 Retiree health insurance subsidy.- |
| 269 | (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.- |
| 270 | (a) A person who is retired under a state-administered |
| 271 | retirement system, or a beneficiary who is a spouse or financial |
| 272 | dependent entitled to receive benefits under a state- |
| 273 | administered retirement system, is eligible for health insurance |
| 274 | subsidy payments provided under this section; except that |
| 275 | pension recipients under ss. 121.40, 238.07(18)(a) |
| 276 | 238.07(16)(a), and 250.22, recipients of health insurance |
| 277 | coverage under s. 110.1232, or any other special pension or |
| 278 | relief act shall not be eligible for such payments. |
| 279 | Reviser's note.-Amended to confirm an editorial |
| 280 | substitution made to conform to the editorial |
| 281 | redesignation of s. 238.07(15A) and (15B) as s. |
| 282 | 238.07(16) and (17), which necessitated the |
| 283 | redesignation of s. 238.07(16) as s. 238.07(18). |
| 284 | Section 10. Section 120.52, Florida Statutes, is reenacted |
| 285 | to read: |
| 286 | 120.52 Definitions.-As used in this act: |
| 287 | (1) "Agency" means the following officers or governmental |
| 288 | entities if acting pursuant to powers other than those derived |
| 289 | from the constitution: |
| 290 | (a) The Governor; each state officer and state department, |
| 291 | and each departmental unit described in s. 20.04; the Board of |
| 292 | Governors of the State University System; the Commission on |
| 293 | Ethics; the Fish and Wildlife Conservation Commission; a |
| 294 | regional water supply authority; a regional planning agency; a |
| 295 | multicounty special district, but only when a majority of its |
| 296 | governing board is comprised of nonelected persons; educational |
| 297 | units; and each entity described in chapters 163, 373, 380, and |
| 298 | 582 and s. 186.504. |
| 299 | (b) Each officer and governmental entity in the state |
| 300 | having statewide jurisdiction or jurisdiction in more than one |
| 301 | county. |
| 302 | (c) Each officer and governmental entity in the state |
| 303 | having jurisdiction in one county or less than one county, to |
| 304 | the extent they are expressly made subject to this act by |
| 305 | general or special law or existing judicial decisions. |
| 306 |
|
| 307 | This definition does not include any municipality or legal |
| 308 | entity created solely by a municipality; any legal entity or |
| 309 | agency created in whole or in part pursuant to part II of |
| 310 | chapter 361; any metropolitan planning organization created |
| 311 | pursuant to s. 339.175; any separate legal or administrative |
| 312 | entity created pursuant to s. 339.175 of which a metropolitan |
| 313 | planning organization is a member; an expressway authority |
| 314 | pursuant to chapter 348 or any transportation authority under |
| 315 | chapter 343 or chapter 349; or any legal or administrative |
| 316 | entity created by an interlocal agreement pursuant to s. |
| 317 | 163.01(7), unless any party to such agreement is otherwise an |
| 318 | agency as defined in this subsection. |
| 319 | (2) "Agency action" means the whole or part of a rule or |
| 320 | order, or the equivalent, or the denial of a petition to adopt a |
| 321 | rule or issue an order. The term also includes any denial of a |
| 322 | request made under s. 120.54(7). |
| 323 | (3) "Agency head" means the person or collegial body in a |
| 324 | department or other governmental unit statutorily responsible |
| 325 | for final agency action. |
| 326 | (4) "Committee" means the Administrative Procedures |
| 327 | Committee. |
| 328 | (5) "Division" means the Division of Administrative |
| 329 | Hearings. |
| 330 | (6) "Educational unit" means a local school district, a |
| 331 | community college district, the Florida School for the Deaf and |
| 332 | the Blind, or a state university when the university is acting |
| 333 | pursuant to statutory authority derived from the Legislature. |
| 334 | (7) "Final order" means a written final decision which |
| 335 | results from a proceeding under s. 120.56, s. 120.565, s. |
| 336 | 120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a |
| 337 | rule, and which is not excepted from the definition of a rule, |
| 338 | and which has been filed with the agency clerk, and includes |
| 339 | final agency actions which are affirmative, negative, |
| 340 | injunctive, or declaratory in form. A final order includes all |
| 341 | materials explicitly adopted in it. The clerk shall indicate the |
| 342 | date of filing on the order. |
| 343 | (8) "Invalid exercise of delegated legislative authority" |
| 344 | means action that goes beyond the powers, functions, and duties |
| 345 | delegated by the Legislature. A proposed or existing rule is an |
| 346 | invalid exercise of delegated legislative authority if any one |
| 347 | of the following applies: |
| 348 | (a) The agency has materially failed to follow the |
| 349 | applicable rulemaking procedures or requirements set forth in |
| 350 | this chapter; |
| 351 | (b) The agency has exceeded its grant of rulemaking |
| 352 | authority, citation to which is required by s. 120.54(3)(a)1.; |
| 353 | (c) The rule enlarges, modifies, or contravenes the |
| 354 | specific provisions of law implemented, citation to which is |
| 355 | required by s. 120.54(3)(a)1.; |
| 356 | (d) The rule is vague, fails to establish adequate |
| 357 | standards for agency decisions, or vests unbridled discretion in |
| 358 | the agency; |
| 359 | (e) The rule is arbitrary or capricious. A rule is |
| 360 | arbitrary if it is not supported by logic or the necessary |
| 361 | facts; a rule is capricious if it is adopted without thought or |
| 362 | reason or is irrational; or |
| 363 | (f) The rule imposes regulatory costs on the regulated |
| 364 | person, county, or city which could be reduced by the adoption |
| 365 | of less costly alternatives that substantially accomplish the |
| 366 | statutory objectives. |
| 367 |
|
| 368 | A grant of rulemaking authority is necessary but not sufficient |
| 369 | to allow an agency to adopt a rule; a specific law to be |
| 370 | implemented is also required. An agency may adopt only rules |
| 371 | that implement or interpret the specific powers and duties |
| 372 | granted by the enabling statute. No agency shall have authority |
| 373 | to adopt a rule only because it is reasonably related to the |
| 374 | purpose of the enabling legislation and is not arbitrary and |
| 375 | capricious or is within the agency's class of powers and duties, |
| 376 | nor shall an agency have the authority to implement statutory |
| 377 | provisions setting forth general legislative intent or policy. |
| 378 | Statutory language granting rulemaking authority or generally |
| 379 | describing the powers and functions of an agency shall be |
| 380 | construed to extend no further than implementing or interpreting |
| 381 | the specific powers and duties conferred by the enabling |
| 382 | statute. |
| 383 | (9) "Law implemented" means the language of the enabling |
| 384 | statute being carried out or interpreted by an agency through |
| 385 | rulemaking. |
| 386 | (10) "License" means a franchise, permit, certification, |
| 387 | registration, charter, or similar form of authorization required |
| 388 | by law, but it does not include a license required primarily for |
| 389 | revenue purposes when issuance of the license is merely a |
| 390 | ministerial act. |
| 391 | (11) "Licensing" means the agency process respecting the |
| 392 | issuance, denial, renewal, revocation, suspension, annulment, |
| 393 | withdrawal, or amendment of a license or imposition of terms for |
| 394 | the exercise of a license. |
| 395 | (12) "Official reporter" means the publication in which an |
| 396 | agency publishes final orders, the index to final orders, and |
| 397 | the list of final orders which are listed rather than published. |
| 398 | (13) "Party" means: |
| 399 | (a) Specifically named persons whose substantial interests |
| 400 | are being determined in the proceeding. |
| 401 | (b) Any other person who, as a matter of constitutional |
| 402 | right, provision of statute, or provision of agency regulation, |
| 403 | is entitled to participate in whole or in part in the |
| 404 | proceeding, or whose substantial interests will be affected by |
| 405 | proposed agency action, and who makes an appearance as a party. |
| 406 | (c) Any other person, including an agency staff member, |
| 407 | allowed by the agency to intervene or participate in the |
| 408 | proceeding as a party. An agency may by rule authorize limited |
| 409 | forms of participation in agency proceedings for persons who are |
| 410 | not eligible to become parties. |
| 411 | (d) Any county representative, agency, department, or unit |
| 412 | funded and authorized by state statute or county ordinance to |
| 413 | represent the interests of the consumers of a county, when the |
| 414 | proceeding involves the substantial interests of a significant |
| 415 | number of residents of the county and the board of county |
| 416 | commissioners has, by resolution, authorized the representative, |
| 417 | agency, department, or unit to represent the class of interested |
| 418 | persons. The authorizing resolution shall apply to a specific |
| 419 | proceeding and to appeals and ancillary proceedings thereto, and |
| 420 | it shall not be required to state the names of the persons whose |
| 421 | interests are to be represented. |
| 422 |
|
| 423 | The term "party" does not include a member government of a |
| 424 | regional water supply authority or a governmental or quasi- |
| 425 | judicial board or commission established by local ordinance or |
| 426 | special or general law where the governing membership of such |
| 427 | board or commission is shared with, in whole or in part, or |
| 428 | appointed by a member government of a regional water supply |
| 429 | authority in proceedings under s. 120.569, s. 120.57, or s. |
| 430 | 120.68, to the extent that an interlocal agreement under ss. |
| 431 | 163.01 and 373.1962 exists in which the member government has |
| 432 | agreed that its substantial interests are not affected by the |
| 433 | proceedings or that it is to be bound by alternative dispute |
| 434 | resolution in lieu of participating in the proceedings. This |
| 435 | exclusion applies only to those particular types of disputes or |
| 436 | controversies, if any, identified in an interlocal agreement. |
| 437 | (14) "Person" means any person described in s. 1.01, any |
| 438 | unit of government in or outside the state, and any agency |
| 439 | described in subsection (1). |
| 440 | (15) "Recommended order" means the official recommendation |
| 441 | of an administrative law judge assigned by the division or of |
| 442 | any other duly authorized presiding officer, other than an |
| 443 | agency head or member of an agency head, for the final |
| 444 | disposition of a proceeding under ss. 120.569 and 120.57. |
| 445 | (16) "Rule" means each agency statement of general |
| 446 | applicability that implements, interprets, or prescribes law or |
| 447 | policy or describes the procedure or practice requirements of an |
| 448 | agency and includes any form which imposes any requirement or |
| 449 | solicits any information not specifically required by statute or |
| 450 | by an existing rule. The term also includes the amendment or |
| 451 | repeal of a rule. The term does not include: |
| 452 | (a) Internal management memoranda which do not affect |
| 453 | either the private interests of any person or any plan or |
| 454 | procedure important to the public and which have no application |
| 455 | outside the agency issuing the memorandum. |
| 456 | (b) Legal memoranda or opinions issued to an agency by the |
| 457 | Attorney General or agency legal opinions prior to their use in |
| 458 | connection with an agency action. |
| 459 | (c) The preparation or modification of: |
| 460 | 1. Agency budgets. |
| 461 | 2. Statements, memoranda, or instructions to state |
| 462 | agencies issued by the Chief Financial Officer or Comptroller as |
| 463 | chief fiscal officer of the state and relating or pertaining to |
| 464 | claims for payment submitted by state agencies to the Chief |
| 465 | Financial Officer or Comptroller. |
| 466 | 3. Contractual provisions reached as a result of |
| 467 | collective bargaining. |
| 468 | 4. Memoranda issued by the Executive Office of the |
| 469 | Governor relating to information resources management. |
| 470 | (17) "Rulemaking authority" means statutory language that |
| 471 | explicitly authorizes or requires an agency to adopt, develop, |
| 472 | establish, or otherwise create any statement coming within the |
| 473 | definition of the term "rule." |
| 474 | (18) "Small city" means any municipality that has an |
| 475 | unincarcerated population of 10,000 or less according to the |
| 476 | most recent decennial census. |
| 477 | (19) "Small county" means any county that has an |
| 478 | unincarcerated population of 75,000 or less according to the |
| 479 | most recent decennial census. |
| 480 | (20) "Unadopted rule" means an agency statement that meets |
| 481 | the definition of the term "rule," but that has not been adopted |
| 482 | pursuant to the requirements of s. 120.54. |
| 483 | (21) "Variance" means a decision by an agency to grant a |
| 484 | modification to all or part of the literal requirements of an |
| 485 | agency rule to a person who is subject to the rule. Any variance |
| 486 | shall conform to the standards for variances outlined in this |
| 487 | chapter and in the uniform rules adopted pursuant to s. |
| 488 | 120.54(5). |
| 489 | (22) "Waiver" means a decision by an agency not to apply |
| 490 | all or part of a rule to a person who is subject to the rule. |
| 491 | Any waiver shall conform to the standards for waivers outlined |
| 492 | in this chapter and in the uniform rules adopted pursuant to s. |
| 493 | 120.54(5). |
| 494 | Reviser's note.-Section 1, ch. 2009-85, Laws of |
| 495 | Florida, amended s. 120.52 without publishing |
| 496 | subsections (2)-(22). Absent affirmative evidence of |
| 497 | legislative intent to repeal the omitted subsections, |
| 498 | the section is reenacted to confirm the omissions were |
| 499 | not intended. |
| 500 | Section 11. Paragraph (a) of subsection (1) of section |
| 501 | 120.55, Florida Statutes, is amended to read: |
| 502 | 120.55 Publication.- |
| 503 | (1) The Department of State shall: |
| 504 | (a)1. Through a continuous revision system, compile and |
| 505 | publish the "Florida Administrative Code." The Florida |
| 506 | Administrative Code shall contain all rules adopted by each |
| 507 | agency, citing the grant of rulemaking authority and the |
| 508 | specific law implemented pursuant to which each rule was |
| 509 | adopted, all history notes as authorized in s. 120.545(7) |
| 510 | 120.545(8), and complete indexes to all rules contained in the |
| 511 | code. Supplementation shall be made as often as practicable, but |
| 512 | at least monthly. The department may contract with a publishing |
| 513 | firm for the publication, in a timely and useful form, of the |
| 514 | Florida Administrative Code; however, the department shall |
| 515 | retain responsibility for the code as provided in this section. |
| 516 | This publication shall be the official compilation of the |
| 517 | administrative rules of this state. The Department of State |
| 518 | shall retain the copyright over the Florida Administrative Code. |
| 519 | 2. Rules general in form but applicable to only one school |
| 520 | district, community college district, or county, or a part |
| 521 | thereof, or state university rules relating to internal |
| 522 | personnel or business and finance shall not be published in the |
| 523 | Florida Administrative Code. Exclusion from publication in the |
| 524 | Florida Administrative Code shall not affect the validity or |
| 525 | effectiveness of such rules. |
| 526 | 3. At the beginning of the section of the code dealing |
| 527 | with an agency that files copies of its rules with the |
| 528 | department, the department shall publish the address and |
| 529 | telephone number of the executive offices of each agency, the |
| 530 | manner by which the agency indexes its rules, a listing of all |
| 531 | rules of that agency excluded from publication in the code, and |
| 532 | a statement as to where those rules may be inspected. |
| 533 | 4. Forms shall not be published in the Florida |
| 534 | Administrative Code; but any form which an agency uses in its |
| 535 | dealings with the public, along with any accompanying |
| 536 | instructions, shall be filed with the committee before it is |
| 537 | used. Any form or instruction which meets the definition of |
| 538 | "rule" provided in s. 120.52 shall be incorporated by reference |
| 539 | into the appropriate rule. The reference shall specifically |
| 540 | state that the form is being incorporated by reference and shall |
| 541 | include the number, title, and effective date of the form and an |
| 542 | explanation of how the form may be obtained. Each form created |
| 543 | by an agency which is incorporated by reference in a rule notice |
| 544 | of which is given under s. 120.54(3)(a) after December 31, 2007, |
| 545 | must clearly display the number, title, and effective date of |
| 546 | the form and the number of the rule in which the form is |
| 547 | incorporated. |
| 548 | Reviser's note.-Amended to correct an apparent error |
| 549 | and conform to context. Prior to the amendment of s. |
| 550 | 120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida, |
| 551 | the reference to history notes was cited at s. |
| 552 | 120.545(9); s. 120.545(9) became s. 120.545(7) by s. |
| 553 | 7, ch. 2008-104; current s. 120.545(7) references |
| 554 | history notes. |
| 555 | Section 12. Effective July 1, 2010, paragraph (a) of |
| 556 | subsection (1) of section 120.55, Florida Statutes, as amended |
| 557 | by section 9 of chapter 2008-104, Laws of Florida, is amended to |
| 558 | read: |
| 559 | 120.55 Publication.- |
| 560 | (1) The Department of State shall: |
| 561 | (a)1. Through a continuous revision system, compile and |
| 562 | publish electronically, on an Internet website managed by the |
| 563 | department, the "Florida Administrative Code." The Florida |
| 564 | Administrative Code shall contain all rules adopted by each |
| 565 | agency, citing the grant of rulemaking authority and the |
| 566 | specific law implemented pursuant to which each rule was |
| 567 | adopted, all history notes as authorized in s. 120.545(7) |
| 568 | 120.545(8), complete indexes to all rules contained in the code, |
| 569 | and any other material required or authorized by law or deemed |
| 570 | useful by the department. The electronic code shall display each |
| 571 | rule chapter currently in effect in browse mode and allow full |
| 572 | text search of the code and each rule chapter. The department |
| 573 | shall publish a printed version of the Florida Administrative |
| 574 | Code and may contract with a publishing firm for such printed |
| 575 | publication; however, the department shall retain responsibility |
| 576 | for the code as provided in this section. Supplementation of the |
| 577 | printed code shall be made as often as practicable, but at least |
| 578 | monthly. The printed publication shall be the official |
| 579 | compilation of the administrative rules of this state. The |
| 580 | Department of State shall retain the copyright over the Florida |
| 581 | Administrative Code. |
| 582 | 2. Rules general in form but applicable to only one school |
| 583 | district, community college district, or county, or a part |
| 584 | thereof, or state university rules relating to internal |
| 585 | personnel or business and finance shall not be published in the |
| 586 | Florida Administrative Code. Exclusion from publication in the |
| 587 | Florida Administrative Code shall not affect the validity or |
| 588 | effectiveness of such rules. |
| 589 | 3. At the beginning of the section of the code dealing |
| 590 | with an agency that files copies of its rules with the |
| 591 | department, the department shall publish the address and |
| 592 | telephone number of the executive offices of each agency, the |
| 593 | manner by which the agency indexes its rules, a listing of all |
| 594 | rules of that agency excluded from publication in the code, and |
| 595 | a statement as to where those rules may be inspected. |
| 596 | 4. Forms shall not be published in the Florida |
| 597 | Administrative Code; but any form which an agency uses in its |
| 598 | dealings with the public, along with any accompanying |
| 599 | instructions, shall be filed with the committee before it is |
| 600 | used. Any form or instruction which meets the definition of |
| 601 | "rule" provided in s. 120.52 shall be incorporated by reference |
| 602 | into the appropriate rule. The reference shall specifically |
| 603 | state that the form is being incorporated by reference and shall |
| 604 | include the number, title, and effective date of the form and an |
| 605 | explanation of how the form may be obtained. Each form created |
| 606 | by an agency which is incorporated by reference in a rule notice |
| 607 | of which is given under s. 120.54(3)(a) after December 31, 2007, |
| 608 | must clearly display the number, title, and effective date of |
| 609 | the form and the number of the rule in which the form is |
| 610 | incorporated. |
| 611 | 5. The department shall allow material incorporated by |
| 612 | reference to be filed in electronic form as prescribed by |
| 613 | department rule. When a rule is filed for adoption with |
| 614 | incorporated material in electronic form, the department's |
| 615 | publication of the Florida Administrative Code on its Internet |
| 616 | website must contain a hyperlink from the incorporating |
| 617 | reference in the rule directly to that material. The department |
| 618 | may not allow hyperlinks from rules in the Florida |
| 619 | Administrative Code to any material other than that filed with |
| 620 | and maintained by the department, but may allow hyperlinks to |
| 621 | incorporated material maintained by the department from the |
| 622 | adopting agency's website or other sites. |
| 623 | Reviser's note.-Amended to correct an apparent error |
| 624 | and conform to context. Prior to the amendment of s. |
| 625 | 120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida, |
| 626 | the reference to history notes was cited at s. |
| 627 | 120.545(9); s. 120.545(9) became s. 120.545(7) by s. |
| 628 | 7, ch. 2008-104; current s. 120.545(7) references |
| 629 | history notes. |
| 630 | Section 13. Subsection (2) and paragraph (b) of subsection |
| 631 | (3) of section 121.053, Florida Statutes, are amended to read: |
| 632 | 121.053 Participation in the Elected Officers' Class for |
| 633 | retired members.- |
| 634 | (2) A retired member of the Florida Retirement System, or |
| 635 | an existing system as defined in s. 121.021, who, beginning July |
| 636 | 1, 1990, through June 30, 2010, serves in an elective office |
| 637 | covered by the Elected Officers' Class shall be enrolled in the |
| 638 | appropriate subclass of the Elected Officers' Class of the |
| 639 | Florida Retirement System, and applicable contributions shall be |
| 640 | paid into the Florida Retirement System Trust Fund as provided |
| 641 | in s. 121.052(7). |
| 642 | (a) The member may continue to receive retirement benefits |
| 643 | as well as compensation for the elected officer service if he or |
| 644 | she remains in an elective office covered by the Elected |
| 645 | Officers' Class. |
| 646 | (b) If the member serves in an elective office covered by |
| 647 | the Elected Officers' Class and becomes vested under that class, |
| 648 | he or she is entitled to receive an additional retirement |
| 649 | benefit for the elected officer service. |
| 650 | (c) The member is entitled to purchase additional |
| 651 | retirement credit in the Elected Officers' Class for any |
| 652 | postretirement service performed in an elected position eligible |
| 653 | for the Elected Officers' Class before July 1, 1990, or in the |
| 654 | Regular Class for any postretirement service performed in any |
| 655 | other regularly established position before July 1, 1991, by |
| 656 | paying the applicable Elected Officers' Class or Regular Class |
| 657 | employee and employer contributions for the period being |
| 658 | claimed, plus 4 percent interest compounded annually from the |
| 659 | first year of service claimed until July 1, 1975, and 6.5 |
| 660 | percent interest compounded thereafter, until full payment is |
| 661 | made to the Florida Retirement System Trust Fund. The |
| 662 | contribution for postretirement Regular Class service between |
| 663 | July 1, 1985, and July 1, 1991, for which the reemployed retiree |
| 664 | contribution was paid, is the difference between the |
| 665 | contribution and the total applicable contribution for the |
| 666 | period being claimed, plus interest. The employer may pay the |
| 667 | applicable employer contribution in lieu of the member. If a |
| 668 | member does not wish to claim credit for all of the |
| 669 | postretirement service for which he or she is eligible, the |
| 670 | service the member claims must be the most recent service. Any |
| 671 | retiree who served in an elective office before July 1, 1990, |
| 672 | suspended his or her retirement benefits, and had his or her |
| 673 | Florida Retirement System membership reinstated shall, upon |
| 674 | retirement from such office, have his or her retirement benefit |
| 675 | recalculated to include the additional service and compensation |
| 676 | earned. |
| 677 | (d) Creditable service for which credit was received, or |
| 678 | which remained unclaimed, at retirement may not be claimed or |
| 679 | applied toward service credit earned following renewed |
| 680 | membership. However, service earned in accordance with the |
| 681 | renewed membership provisions of s. 121.122 may be used in |
| 682 | conjunction with creditable service earned under this |
| 683 | subsection, if applicable vesting requirements and other |
| 684 | existing statutory conditions required by this chapter are met. |
| 685 |
|
| 686 | However, an officer electing to participate in the Deferred |
| 687 | Retirement Option Program on or before June 30, 2002, is not |
| 688 | required to terminate and remains subject to the provisions of |
| 689 | this subsection paragraph as adopted in s. 1, chapter 2001-235, |
| 690 | Laws of Florida. |
| 691 | (3) On or after July 1, 2010: |
| 692 | (b) An elected officer who is elected or appointed to an |
| 693 | elective office and is participating in the Deferred Retirement |
| 694 | Option Program is subject to termination as defined in s. |
| 695 | 121.021 upon completion of his or her DROP participation period. |
| 696 | An elected official may defer termination as provided in |
| 697 | subsection (7) paragraph (2)(e). |
| 698 | Reviser's note.-Subsection (2) is amended to confirm |
| 699 | an editorial substitution made to conform to the |
| 700 | compilation of the 2009 Florida Statutes. Paragraph |
| 701 | (3)(b) is amended to correct an erroneous reference |
| 702 | and conform to context; paragraph (2)(e) does not |
| 703 | exist, and subsection (7) relates to deferral of |
| 704 | termination for elected officials. |
| 705 | Section 14. Paragraph (b) of subsection (1) of section |
| 706 | 121.081, Florida Statutes, is amended to read: |
| 707 | 121.081 Past service; prior service; contributions.- |
| 708 | Conditions under which past service or prior service may be |
| 709 | claimed and credited are: |
| 710 | (1) |
| 711 | (b) Past service earned after January 1, 1975, may be |
| 712 | claimed by officers or employees of a municipality, metropolitan |
| 713 | planning organization, charter school, charter technical career |
| 714 | center, or special district who become a covered group under |
| 715 | this system. The governing body of a covered group may elect to |
| 716 | provide benefits for to past service earned after January 1, |
| 717 | 1975, in accordance with this chapter, and the cost for such |
| 718 | past service is established by applying the following formula: |
| 719 | The employer shall contribute an amount equal to the |
| 720 | contribution rate in effect at the time the service was earned, |
| 721 | multiplied by the employee's gross salary for each year of past |
| 722 | service claimed, plus 6.5-percent interest thereon, compounded |
| 723 | annually, figured on each year of past service, with interest |
| 724 | compounded from date of annual salary earned until date of |
| 725 | payment. |
| 726 | Reviser's note.-Amended to confirm an editorial |
| 727 | deletion made to improve clarity and facilitate |
| 728 | correct interpretation. |
| 729 | Section 15. Paragraph (b) of subsection (9) and paragraph |
| 730 | (a) of subsection (13) of section 121.091, Florida Statutes, are |
| 731 | amended to read: |
| 732 | 121.091 Benefits payable under the system.-Benefits may |
| 733 | not be paid under this section unless the member has terminated |
| 734 | employment as provided in s. 121.021(39)(a) or begun |
| 735 | participation in the Deferred Retirement Option Program as |
| 736 | provided in subsection (13), and a proper application has been |
| 737 | filed in the manner prescribed by the department. The department |
| 738 | may cancel an application for retirement benefits when the |
| 739 | member or beneficiary fails to timely provide the information |
| 740 | and documents required by this chapter and the department's |
| 741 | rules. The department shall adopt rules establishing procedures |
| 742 | for application for retirement benefits and for the cancellation |
| 743 | of such application when the required information or documents |
| 744 | are not received. |
| 745 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.- |
| 746 | (b) Any person whose retirement is effective before July |
| 747 | 1, 2010, or whose participation in the Deferred Retirement |
| 748 | Option Program terminates before July 1, 2010, except under the |
| 749 | disability retirement provisions of subsection (4) or as |
| 750 | provided in s. 121.053, may be reemployed by an employer that |
| 751 | participates in a state-administered retirement system and |
| 752 | receive retirement benefits and compensation from that employer, |
| 753 | except that the person may not be reemployed by an employer |
| 754 | participating in the Florida Retirement System before meeting |
| 755 | the definition of termination in s. 121.021 and may not receive |
| 756 | both a salary from the employer and retirement benefits for 12 |
| 757 | calendar months immediately subsequent to the date of |
| 758 | retirement. However, a DROP participant shall continue |
| 759 | employment and receive a salary during the period of |
| 760 | participation in the Deferred Retirement Option Program, as |
| 761 | provided in subsection (13). |
| 762 | 1. A retiree who violates such reemployment limitation |
| 763 | before completion of the 12-month limitation period must give |
| 764 | timely notice of this fact in writing to the employer and to the |
| 765 | Division of Retirement or the state board and shall have his or |
| 766 | her retirement benefits suspended for the months employed or the |
| 767 | balance of the 12-month limitation period as required in sub- |
| 768 | subparagraphs b. and c. A retiree employed in violation of this |
| 769 | paragraph and an employer who employs or appoints such person |
| 770 | are jointly and severally liable for reimbursement to the |
| 771 | retirement trust fund, including the Florida Retirement System |
| 772 | Trust Fund and the Public Employee Optional Retirement Program |
| 773 | Trust Fund, from which the benefits were paid. The employer must |
| 774 | have a written statement from the retiree that he or she is not |
| 775 | retired from a state-administered retirement system. Retirement |
| 776 | benefits shall remain suspended until repayment has been made. |
| 777 | Benefits suspended beyond the reemployment limitation shall |
| 778 | apply toward repayment of benefits received in violation of the |
| 779 | reemployment limitation. |
| 780 | a. A district school board may reemploy a retiree as a |
| 781 | substitute or hourly teacher, education paraprofessional, |
| 782 | transportation assistant, bus driver, or food service worker on |
| 783 | a noncontractual basis after he or she has been retired for 1 |
| 784 | calendar month. A district school board may reemploy a retiree |
| 785 | as instructional personnel, as defined in s. 1012.01(2)(a), on |
| 786 | an annual contractual basis after he or she has been retired for |
| 787 | 1 calendar month. Any member who is reemployed within 1 calendar |
| 788 | month after retirement shall void his or her application for |
| 789 | retirement benefits. District school boards reemploying such |
| 790 | teachers, education paraprofessionals, transportation |
| 791 | assistants, bus drivers, or food service workers are subject to |
| 792 | the retirement contribution required by subparagraph 2. |
| 793 | b. A community college board of trustees may reemploy a |
| 794 | retiree as an adjunct instructor or as a participant in a phased |
| 795 | retirement program within the Florida Community College System, |
| 796 | after he or she has been retired for 1 calendar month. A member |
| 797 | who is reemployed within 1 calendar month after retirement shall |
| 798 | void his or her application for retirement benefits. Boards of |
| 799 | trustees reemploying such instructors are subject to the |
| 800 | retirement contribution required in subparagraph 2. A retiree |
| 801 | may be reemployed as an adjunct instructor for no more than 780 |
| 802 | hours during the first 12 months of retirement. A retiree |
| 803 | reemployed for more than 780 hours during the first 12 months of |
| 804 | retirement must give timely notice in writing to the employer |
| 805 | and to the Division of Retirement or the state board of the date |
| 806 | he or she will exceed the limitation. The division shall suspend |
| 807 | his or her retirement benefits for the remainder of the 12 |
| 808 | months of retirement. Any retiree employed in violation of this |
| 809 | sub-subparagraph and any employer who employs or appoints such |
| 810 | person without notifying the division to suspend retirement |
| 811 | benefits are jointly and severally liable for any benefits paid |
| 812 | during the reemployment limitation period. The employer must |
| 813 | have a written statement from the retiree that he or she is not |
| 814 | retired from a state-administered retirement system. Any |
| 815 | retirement benefits received by the retiree while reemployed in |
| 816 | excess of 780 hours during the first 12 months of retirement |
| 817 | must be repaid to the Florida Retirement System Trust Fund, and |
| 818 | retirement benefits shall remain suspended until repayment is |
| 819 | made. Benefits suspended beyond the end of the retiree's first |
| 820 | 12 months of retirement shall apply toward repayment of benefits |
| 821 | received in violation of the 780-hour reemployment limitation. |
| 822 | c. The State University System may reemploy a retiree as |
| 823 | an adjunct faculty member or as a participant in a phased |
| 824 | retirement program within the State University System after the |
| 825 | retiree has been retired for 1 calendar month. A member who is |
| 826 | reemployed within 1 calendar month after retirement shall void |
| 827 | his or her application for retirement benefits. The State |
| 828 | University System is subject to the retired contribution |
| 829 | required in subparagraph 2., as appropriate. A retiree may be |
| 830 | reemployed as an adjunct faculty member or a participant in a |
| 831 | phased retirement program for no more than 780 hours during the |
| 832 | first 12 months of his or her retirement. A retiree reemployed |
| 833 | for more than 780 hours during the first 12 months of retirement |
| 834 | must give timely notice in writing to the employer and to the |
| 835 | Division of Retirement or the state board of the date he or she |
| 836 | will exceed the limitation. The division shall suspend his or |
| 837 | her retirement benefits for the remainder of the 12 months. Any |
| 838 | retiree employed in violation of this sub-subparagraph and any |
| 839 | employer who employs or appoints such person without notifying |
| 840 | the division to suspend retirement benefits are jointly and |
| 841 | severally liable for any benefits paid during the reemployment |
| 842 | limitation period. The employer must have a written statement |
| 843 | from the retiree that he or she is not retired from a state- |
| 844 | administered retirement system. Any retirement benefits received |
| 845 | by the retiree while reemployed in excess of 780 hours during |
| 846 | the first 12 months of retirement must be repaid to the Florida |
| 847 | Retirement System Trust Fund, and retirement benefits shall |
| 848 | remain suspended until repayment is made. Benefits suspended |
| 849 | beyond the end of the retiree's first 12 months of retirement |
| 850 | shall apply toward repayment of benefits received in violation |
| 851 | of the 780-hour reemployment limitation. |
| 852 | d. The Board of Trustees of the Florida School for the |
| 853 | Deaf and the Blind may reemploy a retiree as a substitute |
| 854 | teacher, substitute residential instructor, or substitute nurse |
| 855 | on a noncontractual basis after he or she has been retired for 1 |
| 856 | calendar month. Any member who is reemployed within 1 calendar |
| 857 | month after retirement shall void his or her application for |
| 858 | retirement benefits. The Board of Trustees of the Florida School |
| 859 | for the Deaf and the Blind reemploying such teachers, |
| 860 | residential instructors, or nurses is subject to the retirement |
| 861 | contribution required by subparagraph 2. |
| 862 | e. A developmental research school may reemploy a retiree |
| 863 | as a substitute or hourly teacher or an education |
| 864 | paraprofessional as defined in s. 1012.01(2) on a noncontractual |
| 865 | basis after he or she has been retired for 1 calendar month. A |
| 866 | developmental research school may reemploy a retiree as |
| 867 | instructional personnel, as defined in s. 1012.01(2)(a), on an |
| 868 | annual contractual basis after he or she has been retired for 1 |
| 869 | calendar month after retirement. Any member who is reemployed |
| 870 | within 1 calendar month voids his or her application for |
| 871 | retirement benefits. A developmental research school that |
| 872 | reemploys retired teachers and education paraprofessionals is |
| 873 | subject to the retirement contribution required by subparagraph |
| 874 | 2. |
| 875 | f. A charter school may reemploy a retiree as a substitute |
| 876 | or hourly teacher on a noncontractual basis after he or she has |
| 877 | been retired for 1 calendar month. A charter school may reemploy |
| 878 | a retired member as instructional personnel, as defined in s. |
| 879 | 1012.01(2)(a), on an annual contractual basis after he or she |
| 880 | has been retired for 1 calendar month after retirement. Any |
| 881 | member who is reemployed within 1 calendar month voids his or |
| 882 | her application for retirement benefits. A charter school that |
| 883 | reemploys such teachers is subject to the retirement |
| 884 | contribution required by subparagraph 2. |
| 885 | 2. The employment of a retiree or DROP participant of a |
| 886 | state-administered retirement system does not affect the average |
| 887 | final compensation or years of creditable service of the retiree |
| 888 | or DROP participant. Before July 1, 1991, upon employment of any |
| 889 | person, other than an elected officer as provided in s. 121.053, |
| 890 | who is retired under a state-administered retirement program, |
| 891 | the employer shall pay retirement contributions in an amount |
| 892 | equal to the unfunded actuarial liability portion of the |
| 893 | employer contribution which would be required for regular |
| 894 | members of the Florida Retirement System. Effective July 1, |
| 895 | 1991, contributions shall be made as provided in s. 121.122 for |
| 896 | retirees who have renewed membership or, as provided in |
| 897 | subsection (13), for DROP participants. |
| 898 | 3. Any person who is holding an elective public office |
| 899 | which is covered by the Florida Retirement System and who is |
| 900 | concurrently employed in nonelected covered employment may elect |
| 901 | to retire while continuing employment in the elective public |
| 902 | office if he or she terminates his or her nonelected covered |
| 903 | employment. Such person shall receive his or her retirement |
| 904 | benefits in addition to the compensation of the elective office |
| 905 | without regard to the time limitations otherwise provided in |
| 906 | this subsection. A person who seeks to exercise the provisions |
| 907 | of this subparagraph as they existed before May 3, 1984, may not |
| 908 | be deemed to be retired under those provisions, unless such |
| 909 | person is eligible to retire under this subparagraph, as amended |
| 910 | by chapter 84-11, Laws of Florida. |
| 911 | (13) DEFERRED RETIREMENT OPTION PROGRAM.-In general, and |
| 912 | subject to this section, the Deferred Retirement Option Program, |
| 913 | hereinafter referred to as DROP, is a program under which an |
| 914 | eligible member of the Florida Retirement System may elect to |
| 915 | participate, deferring receipt of retirement benefits while |
| 916 | continuing employment with his or her Florida Retirement System |
| 917 | employer. The deferred monthly benefits shall accrue in the |
| 918 | Florida Retirement System on behalf of the participant, plus |
| 919 | interest compounded monthly, for the specified period of the |
| 920 | DROP participation, as provided in paragraph (c). Upon |
| 921 | termination of employment, the participant shall receive the |
| 922 | total DROP benefits and begin to receive the previously |
| 923 | determined normal retirement benefits. Participation in the DROP |
| 924 | does not guarantee employment for the specified period of DROP. |
| 925 | Participation in DROP by an eligible member beyond the initial |
| 926 | 60-month period as authorized in this subsection shall be on an |
| 927 | annual contractual basis for all participants. |
| 928 | (a) Eligibility of member to participate in DROP.-All |
| 929 | active Florida Retirement System members in a regularly |
| 930 | established position, and all active members of the Teachers' |
| 931 | Retirement System established in chapter 238 or the State and |
| 932 | County Officers' and Employees' Retirement System established in |
| 933 | chapter 122, which are consolidated within the Florida |
| 934 | Retirement System under s. 121.011, are eligible to elect |
| 935 | participation in DROP if: |
| 936 | 1. The member is not a renewed member under s. 121.122 or |
| 937 | a member of the State Community College System Optional |
| 938 | Retirement Program under s. 121.051, the Senior Management |
| 939 | Service Optional Annuity Program under s. 121.055, or the |
| 940 | optional retirement program for the State University System |
| 941 | under s. 121.35. |
| 942 | 2. Except as provided in subparagraph 6., election to |
| 943 | participate is made within 12 months immediately following the |
| 944 | date on which the member first reaches normal retirement date, |
| 945 | or, for a member who reaches normal retirement date based on |
| 946 | service before he or she reaches age 62, or age 55 for Special |
| 947 | Risk Class members, election to participate may be deferred to |
| 948 | the 12 months immediately following the date the member attains |
| 949 | age 57, or age 52 for Special Risk Class members. A member who |
| 950 | delays DROP participation during the 12-month period immediately |
| 951 | following his or her maximum DROP deferral date, except as |
| 952 | provided in subparagraph 6., loses a month of DROP participation |
| 953 | for each month delayed. A member who fails to make an election |
| 954 | within the 12-month limitation period forfeits all rights to |
| 955 | participate in DROP. The member shall advise his or her employer |
| 956 | and the division in writing of the date DROP begins. The |
| 957 | beginning date may be subsequent to the 12-month election period |
| 958 | but must be within the original 60-month participation period |
| 959 | provided in subparagraph (b)1. When establishing eligibility of |
| 960 | the member to participate in DROP, the member may elect to |
| 961 | include or exclude any optional service credit purchased by the |
| 962 | member from the total service used to establish the normal |
| 963 | retirement date. A member who has dual normal retirement dates |
| 964 | is eligible to elect to participate in DROP after attaining |
| 965 | normal retirement date in either class. |
| 966 | 3. The employer of a member electing to participate in |
| 967 | DROP, or employers if dually employed, shall acknowledge in |
| 968 | writing to the division the date the member's participation in |
| 969 | DROP begins and the date the member's employment and DROP |
| 970 | participation will terminate. |
| 971 | 4. Simultaneous employment of a participant by additional |
| 972 | Florida Retirement System employers subsequent to the |
| 973 | commencement of participation in DROP is permissible if such |
| 974 | employers acknowledge in writing a DROP termination date no |
| 975 | later than the participant's existing termination date or the |
| 976 | maximum participation period provided in subparagraph (b)1. |
| 977 | 5. A DROP participant may change employers while |
| 978 | participating in DROP, subject to the following: |
| 979 | a. A change of employment must take place without a break |
| 980 | in service so that the member receives salary for each month of |
| 981 | continuous DROP participation. If a member receives no salary |
| 982 | during a month, DROP participation shall cease unless the |
| 983 | employer verifies a continuation of the employment relationship |
| 984 | for such participant pursuant to s. 121.021(39)(b). |
| 985 | b. Such participant and new employer shall notify the |
| 986 | division of the identity of the new employer on forms required |
| 987 | by the division. |
| 988 | c. The new employer shall acknowledge, in writing, the |
| 989 | participant's DROP termination date, which may be extended but |
| 990 | not beyond the maximum participation period provided in |
| 991 | subparagraph (b)1., shall acknowledge liability for any |
| 992 | additional retirement contributions and interest required if the |
| 993 | participant fails to timely terminate employment, and is subject |
| 994 | to the adjustment required in sub-subparagraph (c)5.d. |
| 995 | 6. Effective July 1, 2001, for instructional personnel as |
| 996 | defined in s. 1012.01(2), election to participate in DROP may be |
| 997 | made at any time following the date on which the member first |
| 998 | reaches normal retirement date. The member shall advise his or |
| 999 | her employer and the division in writing of the date on which |
| 1000 | DROP begins. When establishing eligibility of the member to |
| 1001 | participate in DROP for the 60-month participation period |
| 1002 | provided in subparagraph (b)1., the member may elect to include |
| 1003 | or exclude any optional service credit purchased by the member |
| 1004 | from the total service used to establish the normal retirement |
| 1005 | date. A member who has dual normal retirement dates is eligible |
| 1006 | to elect to participate in either class. |
| 1007 | Reviser's note.-Amended to confirm editorial |
| 1008 | insertions made to improve clarity and facilitate |
| 1009 | correct interpretation. |
| 1010 | Section 16. Subsection (6) of section 163.31771, Florida |
| 1011 | Statutes, is repealed. |
| 1012 | Reviser's note.-Repealed to delete a provision |
| 1013 | relating to a report due January 1, 2007, on the |
| 1014 | effectiveness of using accessory dwelling units to |
| 1015 | address a local government's shortage of affordable |
| 1016 | housing. |
| 1017 | Section 17. Paragraph (e) of subsection (15) of section |
| 1018 | 163.3180, Florida Statutes, is repealed, and paragraph (e) of |
| 1019 | subsection (5) of that section is amended to read: |
| 1020 | 163.3180 Concurrency.- |
| 1021 | (5) |
| 1022 | (e) Before designating a concurrency exception area |
| 1023 | pursuant to subparagraph (b)7. (b)6., the state land planning |
| 1024 | agency and the Department of Transportation shall be consulted |
| 1025 | by the local government to assess the impact that the proposed |
| 1026 | exception area is expected to have on the adopted level-of- |
| 1027 | service standards established for regional transportation |
| 1028 | facilities identified pursuant to s. 186.507, including the |
| 1029 | Strategic Intermodal System and roadway facilities funded in |
| 1030 | accordance with s. 339.2819. Further, the local government shall |
| 1031 | provide a plan for the mitigation of impacts to the Strategic |
| 1032 | Intermodal System, including, if appropriate, access management, |
| 1033 | parallel reliever roads, transportation demand management, and |
| 1034 | other measures. |
| 1035 | Reviser's note.-Paragraph (5)(e) is amended to confirm |
| 1036 | an editorial substitution made to conform to context |
| 1037 | and correct an apparent error. Paragraph (15)(e) is |
| 1038 | repealed to delete a provision relating to a pilot |
| 1039 | project to study the benefits of and barriers to |
| 1040 | establishing a regional multimodal transportation |
| 1041 | concurrency district and requiring the Department of |
| 1042 | Transportation, in consultation with the state land |
| 1043 | planning agency, to submit a report by March 1, 2009, |
| 1044 | on the status of the pilot project. |
| 1045 | Section 18. Subsection (8) of section 175.071, Florida |
| 1046 | Statutes, is amended to read: |
| 1047 | 175.071 General powers and duties of board of trustees.- |
| 1048 | For any municipality, special fire control district, chapter |
| 1049 | plan, local law municipality, local law special fire control |
| 1050 | district, or local law plan under this chapter: |
| 1051 | (8) Notwithstanding paragraph (1)(b) and as provided in s. |
| 1052 | 215.473, the board of trustees must identify and publicly report |
| 1053 | any direct or indirect holdings it may have in any scrutinized |
| 1054 | company, as defined in that section, and proceed to sell, |
| 1055 | redeem, divest, or withdraw all publicly traded securities it |
| 1056 | may have in that company beginning January 1, 2010. The |
| 1057 | divestiture of any such security must be completed by September |
| 1058 | 30, 2010. The board and its named officers or investment |
| 1059 | advisors may not be deemed to have breached their fiduciary duty |
| 1060 | in any action taken to dispose of any such security, and the |
| 1061 | board shall have satisfactorily discharged the fiduciary duties |
| 1062 | of loyalty, prudence, and sole and exclusive benefit to the |
| 1063 | participants of the pension fund and their beneficiaries if the |
| 1064 | actions it takes are consistent with the duties imposed by s. |
| 1065 | 215.473, and the manner of the disposition, if any, is |
| 1066 | reasonable as to the means chosen. For the purposes of effecting |
| 1067 | compliance with that section, the pension fund shall designate |
| 1068 | terror-free plans that allocate their funds among securities not |
| 1069 | subject to divestiture. No person may bring any civil, criminal, |
| 1070 | or administrative action against the board of trustees or any |
| 1071 | employee, officer, director, or advisor of such pension fund |
| 1072 | based upon the divestiture of any security pursuant to this |
| 1073 | subsection paragraph. |
| 1074 | Reviser's note.-Amended to confirm an editorial |
| 1075 | substitution made to conform to context. |
| 1076 | Section 19. Subsection (7) of section 185.06, Florida |
| 1077 | Statutes, is amended to read: |
| 1078 | 185.06 General powers and duties of board of trustees.-For |
| 1079 | any municipality, chapter plan, local law municipality, or local |
| 1080 | law plan under this chapter: |
| 1081 | (7) Notwithstanding paragraph (1)(b) and as provided in s. |
| 1082 | 215.473, the board of trustees must identify and publicly report |
| 1083 | any direct or indirect holdings it may have in any scrutinized |
| 1084 | company, as defined in that section, and proceed to sell, |
| 1085 | redeem, divest, or withdraw all publicly traded securities it |
| 1086 | may have in that company beginning January 1, 2010. The |
| 1087 | divestiture of any such security must be completed by September |
| 1088 | 10, 2010. The board and its named officers or investment |
| 1089 | advisors may not be deemed to have breached their fiduciary duty |
| 1090 | in any action taken to dispose of any such security, and the |
| 1091 | board shall have satisfactorily discharged the fiduciary duties |
| 1092 | of loyalty, prudence, and sole and exclusive benefit to the |
| 1093 | participants of the pension fund and their beneficiaries if the |
| 1094 | actions it takes are consistent with the duties imposed by s. |
| 1095 | 215.473, and the manner of the disposition, if any, is |
| 1096 | reasonable as to the means chosen. For the purposes of effecting |
| 1097 | compliance with that section, the pension fund shall designate |
| 1098 | terror-free plans that allocate their funds among securities not |
| 1099 | subject to divestiture. No person may bring any civil, criminal, |
| 1100 | or administrative action against the board of trustees or any |
| 1101 | employee, officer, director, or advisor of such pension fund |
| 1102 | based upon the divestiture of any security pursuant to this |
| 1103 | subsection paragraph. |
| 1104 | Reviser's note.-Amended to confirm an editorial |
| 1105 | substitution made to conform to context. |
| 1106 | Section 20. Subsection (2) of section 192.001, Florida |
| 1107 | Statutes, is amended to read: |
| 1108 | 192.001 Definitions.-All definitions set out in chapters 1 |
| 1109 | and 200 that are applicable to this chapter are included herein. |
| 1110 | In addition, the following definitions shall apply in the |
| 1111 | imposition of ad valorem taxes: |
| 1112 | (2) "Assessed value of property" means an annual |
| 1113 | determination of the just or fair market value of an item or |
| 1114 | property or the value of the homestead property as limited |
| 1115 | pursuant to s. 4(d) 4(c), Art. VII of the State Constitution or, |
| 1116 | if a property is assessed solely on the basis of character or |
| 1117 | use or at a specified percentage of its value, pursuant to s. |
| 1118 | 4(a) or 4(c) (b), Art. VII of the State Constitution, its |
| 1119 | classified use value or fractional value. |
| 1120 | Reviser's note.-Amended to conform to the addition of |
| 1121 | a new s. 4(b), Art. VII of the State Constitution |
| 1122 | pursuant to adoption of the constitutional amendment |
| 1123 | by the Taxation and Budget Reform Commission, Revision |
| 1124 | No. 4, in 2008. |
| 1125 | Section 21. Paragraph (a) of subsection (1) of section |
| 1126 | 192.0105, Florida Statutes, is amended to read: |
| 1127 | 192.0105 Taxpayer rights.-There is created a Florida |
| 1128 | Taxpayer's Bill of Rights for property taxes and assessments to |
| 1129 | guarantee that the rights, privacy, and property of the |
| 1130 | taxpayers of this state are adequately safeguarded and protected |
| 1131 | during tax levy, assessment, collection, and enforcement |
| 1132 | processes administered under the revenue laws of this state. The |
| 1133 | Taxpayer's Bill of Rights compiles, in one document, brief but |
| 1134 | comprehensive statements that summarize the rights and |
| 1135 | obligations of the property appraisers, tax collectors, clerks |
| 1136 | of the court, local governing boards, the Department of Revenue, |
| 1137 | and taxpayers. Additional rights afforded to payors of taxes and |
| 1138 | assessments imposed under the revenue laws of this state are |
| 1139 | provided in s. 213.015. The rights afforded taxpayers to assure |
| 1140 | that their privacy and property are safeguarded and protected |
| 1141 | during tax levy, assessment, and collection are available only |
| 1142 | insofar as they are implemented in other parts of the Florida |
| 1143 | Statutes or rules of the Department of Revenue. The rights so |
| 1144 | guaranteed to state taxpayers in the Florida Statutes and the |
| 1145 | departmental rules include: |
| 1146 | (1) THE RIGHT TO KNOW.- |
| 1147 | (a) The right to be mailed notice of proposed property |
| 1148 | taxes and proposed or adopted non-ad valorem assessments (see |
| 1149 | ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 200.069). |
| 1150 | The notice must also inform the taxpayer that the final tax bill |
| 1151 | may contain additional non-ad valorem assessments (see s. |
| 1152 | 200.069(9) 200.069(10)). |
| 1153 | Reviser's note.-Amended to conform to the |
| 1154 | redesignation of s. 200.069(10) as s. 200.069(9) by s. |
| 1155 | 1, ch. 2009-165, Laws of Florida. |
| 1156 | Section 22. Paragraph (a) of subsection (1) of section |
| 1157 | 193.1555, Florida Statutes, is amended to read: |
| 1158 | 193.1555 Assessment of certain residential and |
| 1159 | nonresidential real property.- |
| 1160 | (1) As used in this section, the term: |
| 1161 | (a) "Nonresidential real property" means real property |
| 1162 | that is not subject to the assessment limitations set forth in |
| 1163 | s. 4(a), (c), (d), or (g) 4(a)-(c) or s. 4(f), Art. VII of the |
| 1164 | State Constitution. |
| 1165 | Reviser's note.-Amended to conform to the addition of |
| 1166 | a new s. 4(b), Art. VII of the State Constitution |
| 1167 | pursuant to adoption of the constitutional amendment |
| 1168 | by the Taxation and Budget Reform Commission, Revision |
| 1169 | No. 4, in 2008. |
| 1170 | Section 23. Subsection (1) of section 193.503, Florida |
| 1171 | Statutes, is amended to read: |
| 1172 | 193.503 Classification and assessment of historic property |
| 1173 | used for commercial or certain nonprofit purposes.- |
| 1174 | (1) Pursuant to s. 4(e) 4(d), Art. VII of the State |
| 1175 | Constitution, the board of county commissioners of a county or |
| 1176 | the governing authority of a municipality may adopt an ordinance |
| 1177 | providing for assessment of historic property used for |
| 1178 | commercial or certain nonprofit purposes as described in this |
| 1179 | section solely on the basis of character or use as provided in |
| 1180 | this section. Such character or use assessment shall apply only |
| 1181 | to the jurisdiction adopting the ordinance. The board of county |
| 1182 | commissioners or municipal governing authority shall notify the |
| 1183 | property appraiser of the adoption of such ordinance no later |
| 1184 | than December 1 of the year prior to the year such assessment |
| 1185 | will take effect. If such assessment is granted only for a |
| 1186 | specified period or the ordinance is repealed, the board of |
| 1187 | county commissioners or municipal governing authority shall |
| 1188 | notify the property appraiser no later than December 1 of the |
| 1189 | year prior to the year the assessment expires. |
| 1190 | Reviser's note.-Amended to conform to the addition of |
| 1191 | a new s. 4(b), Art. VII of the State Constitution |
| 1192 | pursuant to adoption of the constitutional amendment |
| 1193 | by the Taxation and Budget Reform Commission, Revision |
| 1194 | No. 4, in 2008. |
| 1195 | Section 24. Subsection (1) of section 193.703, Florida |
| 1196 | Statutes, is amended to read: |
| 1197 | 193.703 Reduction in assessment for living quarters of |
| 1198 | parents or grandparents.- |
| 1199 | (1) In accordance with s. 4(f) 4(e), Art. VII of the State |
| 1200 | Constitution, a county may provide for a reduction in the |
| 1201 | assessed value of homestead property which results from the |
| 1202 | construction or reconstruction of the property for the purpose |
| 1203 | of providing living quarters for one or more natural or adoptive |
| 1204 | parents or grandparents of the owner of the property or of the |
| 1205 | owner's spouse if at least one of the parents or grandparents |
| 1206 | for whom the living quarters are provided is at least 62 years |
| 1207 | of age. |
| 1208 | Reviser's note.-Amended to conform to the addition of |
| 1209 | a new s. 4(b), Art. VII of the State Constitution |
| 1210 | pursuant to adoption of the constitutional amendment |
| 1211 | by the Taxation and Budget Reform Commission, Revision |
| 1212 | No. 4, in 2008. |
| 1213 | Section 25. Paragraph (c) of subsection (9) of section |
| 1214 | 196.011, Florida Statutes, is amended to read: |
| 1215 | 196.011 Annual application required for exemption.- |
| 1216 | (9) |
| 1217 | (c) A county may, at the request of the property appraiser |
| 1218 | and by a majority vote of its governing body, waive the |
| 1219 | requirement that an annual application be made for the veteran's |
| 1220 | disability discount granted pursuant to s. 6(e) 6(g), Art. VII |
| 1221 | of the State Constitution after an initial application is made |
| 1222 | and the discount granted. The disabled veteran receiving a |
| 1223 | discount for which annual application has been waived shall |
| 1224 | notify the property appraiser promptly whenever the use of the |
| 1225 | property or the percentage of disability to which the veteran is |
| 1226 | entitled changes. If a disabled veteran fails to notify the |
| 1227 | property appraiser and the property appraiser determines that |
| 1228 | for any year within the prior 10 years the veteran was not |
| 1229 | entitled to receive all or a portion of such discount, the |
| 1230 | penalties and processes in paragraph (a) relating to the failure |
| 1231 | to notify the property appraiser of ineligibility for an |
| 1232 | exemption shall apply. |
| 1233 | Reviser's note.-Amended to conform to the deletion of |
| 1234 | former s. 6(c) and (d), Art. VII of the State |
| 1235 | Constitution pursuant to adoption of the |
| 1236 | constitutional amendment by C.S. for S.J.R. 2-D (2007) |
| 1237 | in 2008. |
| 1238 | Section 26. Subsection (2) of section 196.075, Florida |
| 1239 | Statutes, is amended to read: |
| 1240 | 196.075 Additional homestead exemption for persons 65 and |
| 1241 | older.- |
| 1242 | (2) In accordance with s. 6(d) 6(f), Art. VII of the State |
| 1243 | Constitution, the board of county commissioners of any county or |
| 1244 | the governing authority of any municipality may adopt an |
| 1245 | ordinance to allow an additional homestead exemption of up to |
| 1246 | $50,000 for any person who has the legal or equitable title to |
| 1247 | real estate and maintains thereon the permanent residence of the |
| 1248 | owner, who has attained age 65, and whose household income does |
| 1249 | not exceed $20,000. |
| 1250 | Reviser's note.-Amended to conform to the deletion of |
| 1251 | former s. 6(c) and (d), Art. VII of the State |
| 1252 | Constitution pursuant to adoption of the |
| 1253 | constitutional amendment by C.S. for S.J.R. 2-D (2007) |
| 1254 | in 2008. |
| 1255 | Section 27. Subsection (7) of section 196.1975, Florida |
| 1256 | Statutes, is amended to read: |
| 1257 | 196.1975 Exemption for property used by nonprofit homes |
| 1258 | for the aged.-Nonprofit homes for the aged are exempt to the |
| 1259 | extent that they meet the following criteria: |
| 1260 | (7) It is declared to be the intent of the Legislature |
| 1261 | that subsection (3) implements the ad valorem tax exemption |
| 1262 | authorized in the third sentence of s. 3(a), Art. VII, State |
| 1263 | Constitution, and the remaining subsections implement s. 6(c) |
| 1264 | 6(e), Art. VII, State Constitution, for purposes of granting |
| 1265 | such exemption to homes for the aged. |
| 1266 | Reviser's note.-Amended to conform to the deletion of |
| 1267 | former s. 6(c) and (d), Art. VII of the State |
| 1268 | Constitution pursuant to adoption of the |
| 1269 | constitutional amendment by C.S. for S.J.R. 2-D (2007) |
| 1270 | in 2008. |
| 1271 | Section 28. Subsection (5) of section 196.1977, Florida |
| 1272 | Statutes, is amended to read: |
| 1273 | 196.1977 Exemption for property used by proprietary |
| 1274 | continuing care facilities.- |
| 1275 | (5) It is the intent of the Legislature that this section |
| 1276 | implements s. 6(c) 6(e), Art. VII of the State Constitution. |
| 1277 | Reviser's note.-Amended to conform to the deletion of |
| 1278 | former s. 6(c) and (d), Art. VII of the State |
| 1279 | Constitution pursuant to adoption of the |
| 1280 | constitutional amendment by C.S. for S.J.R. 2-D (2007) |
| 1281 | in 2008. |
| 1282 | Section 29. Subsection (5) of section 197.402, Florida |
| 1283 | Statutes, is repealed. |
| 1284 | Reviser's note.-Repeals material requiring Lake, |
| 1285 | Marion, Seminole, and Sumter Counties to enter into a |
| 1286 | 2-year pilot program regarding advertising and payment |
| 1287 | of delinquent property taxes and, by October 1, 2007, |
| 1288 | each county's tax collector to submit a report to the |
| 1289 | President of the Senate and the Speaker of the House |
| 1290 | of Representatives. |
| 1291 | Section 30. Paragraph (a) of subsection (2), paragraph (f) |
| 1292 | of subsection (4), and paragraph (b) of subsection (10) of |
| 1293 | section 200.069, Florida Statutes, are amended to read: |
| 1294 | 200.069 Notice of proposed property taxes and non-ad |
| 1295 | valorem assessments.-Pursuant to s. 200.065(2)(b), the property |
| 1296 | appraiser, in the name of the taxing authorities and local |
| 1297 | governing boards levying non-ad valorem assessments within his |
| 1298 | or her jurisdiction and at the expense of the county, shall |
| 1299 | prepare and deliver by first-class mail to each taxpayer to be |
| 1300 | listed on the current year's assessment roll a notice of |
| 1301 | proposed property taxes, which notice shall contain the elements |
| 1302 | and use the format provided in the following form. |
| 1303 | Notwithstanding the provisions of s. 195.022, no county officer |
| 1304 | shall use a form other than that provided herein. The Department |
| 1305 | of Revenue may adjust the spacing and placement on the form of |
| 1306 | the elements listed in this section as it considers necessary |
| 1307 | based on changes in conditions necessitated by various taxing |
| 1308 | authorities. If the elements are in the order listed, the |
| 1309 | placement of the listed columns may be varied at the discretion |
| 1310 | and expense of the property appraiser, and the property |
| 1311 | appraiser may use printing technology and devices to complete |
| 1312 | the form, the spacing, and the placement of the information in |
| 1313 | the columns. A county officer may use a form other than that |
| 1314 | provided by the department for purposes of this part, but only |
| 1315 | if his or her office pays the related expenses and he or she |
| 1316 | obtains prior written permission from the executive director of |
| 1317 | the department; however, a county officer may not use a form the |
| 1318 | substantive content of which is at variance with the form |
| 1319 | prescribed by the department. The county officer may continue to |
| 1320 | use such an approved form until the law that specifies the form |
| 1321 | is amended or repealed or until the officer receives written |
| 1322 | disapproval from the executive director. |
| 1323 | (2)(a) The notice shall include a brief legal description |
| 1324 | of the property, the name and mailing address of the owner of |
| 1325 | record, and the tax information applicable to the specific |
| 1326 | parcel in question. The information shall be in columnar form. |
| 1327 | There shall be seven column headings which shall read: "Taxing |
| 1328 | Authority," "Your Property Taxes Last Year," "Last Year's |
| 1329 | Adjusted Tax Rate (Millage)," "Your Taxes This Year IF NO Budget |
| 1330 | Change Is Adopted," "Tax Rate This Year IF PROPOSED Budget Is |
| 1331 | Adopted (Millage)," "Your Taxes This Year IF PROPOSED Budget |
| 1332 | Change Is Adopted," and "A Public Hearing on the Proposed Taxes |
| 1333 | and Budget Will Be Held:." |
| 1334 | (4) For each entry listed in subsection (3), there shall |
| 1335 | appear on the notice the following: |
| 1336 | (f) In the sixth column, the gross amount of ad valorem |
| 1337 | taxes that must be levied in the current year if the proposed |
| 1338 | budget is adopted. |
| 1339 | (10) |
| 1340 | (b) If the notice includes all adopted non-ad valorem |
| 1341 | assessments, the provisions contained in subsection (9) (10) |
| 1342 | shall not be placed on the notice. |
| 1343 | Reviser's note.-Paragraphs (2)(a) and (4)(f) are |
| 1344 | amended to confirm editorial insertions made to |
| 1345 | improve clarity and facilitate correct interpretation. |
| 1346 | Paragraph (10)(b) is amended to conform to the |
| 1347 | redesignation of former subsection (10) as subsection |
| 1348 | (9) by s. 1, ch. 2009-165, Laws of Florida. |
| 1349 | Section 31. Subsection (1) of section 210.1801, Florida |
| 1350 | Statutes, is amended to read: |
| 1351 | 210.1801 Exempt cigarettes for members of recognized |
| 1352 | Indian tribes.- |
| 1353 | (1) Notwithstanding any provision of this chapter to the |
| 1354 | contrary, a member of an Indian tribe recognized in this state |
| 1355 | who purchases cigarettes on an Indian reservation for his or her |
| 1356 | own use is exempt from paying a cigarette tax and surcharge. |
| 1357 | However, such member purchasing cigarettes outside of an Indian |
| 1358 | reservation or a nontribal member purchasing cigarettes on an |
| 1359 | Indian reservation is not exempt from paying the cigarette tax |
| 1360 | or surcharge when purchasing cigarettes within this state. |
| 1361 | Accordingly, the tax and surcharge shall apply to all cigarettes |
| 1362 | sold on an Indian reservation to a nontribal member, and |
| 1363 | evidence of such tax or surcharge shall be by means of an |
| 1364 | affixed cigarette tax and surcharge stamp. |
| 1365 | Reviser's note.-Amended to confirm an editorial |
| 1366 | insertion made to improve clarity. |
| 1367 | Section 32. Subsection (2) of section 211.06, Florida |
| 1368 | Statutes, is amended to read: |
| 1369 | 211.06 Oil and Gas Tax Trust Fund; distribution of tax |
| 1370 | proceeds.-All taxes, interest, and penalties imposed under this |
| 1371 | part shall be collected by the department and placed in a |
| 1372 | special fund designated the "Oil and Gas Tax Trust Fund." |
| 1373 | (2) Beginning July 1, 1995, the remaining proceeds in the |
| 1374 | Oil and Gas Tax Trust Fund shall be distributed monthly by the |
| 1375 | department and shall be paid into the State Treasury as follows: |
| 1376 | (a) To the credit of the General Revenue Fund of the |
| 1377 | state: |
| 1378 | 1. Seventy-five percent of the proceeds from the oil |
| 1379 | production tax imposed under s. 211.02(1)(c) 211.02(1)(b). |
| 1380 | 2. Sixty-seven and one-half percent of the proceeds from |
| 1381 | the tax on small well oil and tertiary oil imposed under s. |
| 1382 | 211.02(1)(a). |
| 1383 | 3. Sixty-seven and one-half percent of the proceeds from |
| 1384 | the tax on gas imposed under s. 211.025. |
| 1385 | 4. Sixty-seven and one-half percent of the proceeds of the |
| 1386 | tax on sulfur imposed under s. 211.026. |
| 1387 | (b) To the credit of the general revenue fund of the board |
| 1388 | of county commissioners of the county where produced, subject to |
| 1389 | the service charge imposed under chapter 215: |
| 1390 | 1. Twelve and one-half percent of the proceeds from the |
| 1391 | tax on oil imposed under s. 211.02(1)(c) 211.02(1)(b). |
| 1392 | 2. Twenty percent of the proceeds from the tax on small |
| 1393 | well oil and tertiary oil imposed under s. 211.02(1)(a). |
| 1394 | 3. Twenty percent of the proceeds from the tax on gas |
| 1395 | imposed under s. 211.025. |
| 1396 | 4. Twenty percent of the proceeds from the tax on sulfur |
| 1397 | imposed under s. 211.026. |
| 1398 | (c) To the credit of the Minerals Trust Fund: |
| 1399 | 1. Twelve and one-half percent of the proceeds from the |
| 1400 | tax on oil imposed under s. 211.02(1)(c) 211.02(1)(b). |
| 1401 | 2. Twelve and one-half percent of the proceeds from the |
| 1402 | tax on small well and tertiary oil imposed under s. |
| 1403 | 211.02(1)(a). |
| 1404 | 3. Twelve and one-half percent of the proceeds from the |
| 1405 | tax on gas imposed under s. 211.025. |
| 1406 | 4. Twelve and one-half percent of the proceeds from the |
| 1407 | tax 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, |
| 1470 | and |
| 1471 | 2. Any social security benefits that the member is |
| 1472 | eligible to receive by reason of his or her own right or through |
| 1473 | his or her spouse. |
| 1474 | (b) No payment shall be made to a member of the Teachers' |
| 1475 | Retirement System under this act, until the department has |
| 1476 | determined the social security status of such member. |
| 1477 | (c) Eligibility of a member of the Teachers' Retirement |
| 1478 | System shall be determined under the social security laws and |
| 1479 | regulations; provided, however, that a member shall be |
| 1480 | considered eligible if the member or the member's spouse has |
| 1481 | reached 65 years of age and would draw social security if the |
| 1482 | member or the member's spouse were not engaged in activity that |
| 1483 | results in the member or the member's spouse receiving income |
| 1484 | that would make him or her ineligible to receive social security |
| 1485 | benefits. A member of the Teachers' Retirement System shall be |
| 1486 | deemed to be eligible for social security benefits if the member |
| 1487 | has this eligibility in his or her own right or through his or |
| 1488 | her spouse. |
| 1489 | (d) The department shall review, at least annually, the |
| 1490 | social security status of all members of the Teachers' |
| 1491 | Retirement System receiving payment under this act and shall |
| 1492 | increase or decrease payments to such members as shall be |
| 1493 | necessary to carry out the intent of this act. |
| 1494 | (e) No member of the Teachers' Retirement System shall |
| 1495 | have his or her retirement allowance reduced or any of his or |
| 1496 | her rights impaired by reason of this act. |
| 1497 | (f) This subsection shall take effect on January 1, 1962. |
| 1498 | (17)(15B) If the member recovers from disability, has his |
| 1499 | or her disability benefit terminated, reenters covered |
| 1500 | employment, and is continuously employed for a minimum of 1 year |
| 1501 | of creditable service, he or she may claim as creditable service |
| 1502 | the months during which he or she was receiving a disability |
| 1503 | benefit, upon payment of the required contributions. |
| 1504 | Contributions shall equal the total required employee and |
| 1505 | employer contribution rate during the period the retiree |
| 1506 | received retirement benefits, multiplied times his or her rate |
| 1507 | of monthly compensation prior to the commencement of disability |
| 1508 | retirement for each month of the period claimed, plus 4 percent |
| 1509 | interest until July 1, 1975, and 6.5 percent interest thereafter |
| 1510 | on such contributions, compounded annually each June 30 to the |
| 1511 | date of payment. If the member does not claim credit for all of |
| 1512 | the months he or she received disability benefits, the months |
| 1513 | claimed must be his or her most recent months of retirement. |
| 1514 | (18)(16)(a) Definitions under survivor benefits are: |
| 1515 | 1. A dependent is a child, widow, widower, or parent of |
| 1516 | the deceased member who was receiving not less than one-half of |
| 1517 | his or her support from the deceased member at the time of the |
| 1518 | death of such member. |
| 1519 | 2. A child is a natural or legally adopted child of a |
| 1520 | member, who: |
| 1521 | a. Is under 18 years of age, or |
| 1522 | b. Is over 18 years of age but not over 22 years of age |
| 1523 | and is enrolled as a student in an accredited educational |
| 1524 | institution, or |
| 1525 | c. Is 18 years of age or older and is physically or |
| 1526 | mentally incapable of self-support, when such mental and |
| 1527 | physical incapacity occurred prior to such child obtaining the |
| 1528 | age of 18 years. Such person shall cease to be regarded as a |
| 1529 | child upon the termination of such physical or mental |
| 1530 | disability. The determination as to such physical or mental |
| 1531 | incapability shall be vested in the department. |
| 1532 |
|
| 1533 | No person shall be considered a child who has married or, except |
| 1534 | as provided in sub-subparagraph 2.b. or as to a child who is |
| 1535 | physically or mentally incapable of self-support as hereinbefore |
| 1536 | set forth, has become 18 years of age. |
| 1537 | 3. A parent is a natural parent of a member and includes a |
| 1538 | lawful spouse of a natural parent. |
| 1539 | 4. A beneficiary is a person who is entitled to benefits |
| 1540 | under this subsection by reason of his or her relation to a |
| 1541 | deceased member during the lifetime of such member. |
| 1542 | (b) In addition to all other benefits to which a member |
| 1543 | shall, subject to the conditions set out below, be entitled, the |
| 1544 | beneficiary of such member shall, upon the death of such member, |
| 1545 | receive the following benefits: |
| 1546 |
|
| | | Minimum period of paid service of member in Florida as regular full-time teacher | Beneficiaries of deceased member | Benefits |
|
| 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 |
|
| | | Minimum number of yearsof service in Florida | Period after serving in Floridain which death of member occurs |
|
| 1577 |
|
| | |
| 1578 |
|
| | |
| 1579 |
|
| | | 10 or more....... | 10 years |
|
| 1580 |
|
| 1581 | 2. Upon the death of a member, the department shall make a |
| 1582 | determination of the beneficiary or beneficiaries of the |
| 1583 | deceased member and shall pay survivor benefits to such |
| 1584 | beneficiary or beneficiaries beginning 1 month immediately |
| 1585 | following the death of the member except where the beneficiary |
| 1586 | has not reached the age required to receive benefits under |
| 1587 | paragraph (b), in which event the payment of survivor benefits |
| 1588 | shall begin as of the month immediately following the month in |
| 1589 | which the beneficiary reaches the required age. When required by |
| 1590 | the department, the beneficiary or beneficiaries shall file an |
| 1591 | application for survivor benefits upon forms prescribed by the |
| 1592 | department. |
| 1593 | 3. The beneficiaries of a member to receive survivor |
| 1594 | benefits are fixed by this subsection, and a member may not buy |
| 1595 | or otherwise change such benefits. He or she may, however, |
| 1596 | designate the beneficiary to receive the $500 death benefits. If |
| 1597 | a member fails to make this designation, the $500 death benefits |
| 1598 | shall be paid to his or her executor or administrator. |
| 1599 | 4. The beneficiary or beneficiaries of a member whose |
| 1600 | death occurs while he or she is in service or while he or she is |
| 1601 | receiving a disability allowance under subsection (11), shall |
| 1602 | receive survivor benefits under this subsection determined by |
| 1603 | the years of service in Florida of the deceased member as set |
| 1604 | out in paragraph (b). The requirement that the death of a member |
| 1605 | must occur within a certain period of time after service in |
| 1606 | Florida as set out in subparagraph (d)1. shall not apply to a |
| 1607 | member receiving a disability benefit at the time of his or her |
| 1608 | death. |
| 1609 | (19)(17) Any person who hereafter elects to receive |
| 1610 | retirement benefits under s. 112.05 shall not be entitled to the |
| 1611 | retirement benefits of this chapter except for the refund of his |
| 1612 | or her accumulated contributions as provided in subsection (13); |
| 1613 | likewise any person who elects to receive retirement benefits |
| 1614 | under this chapter shall thereby become ineligible to receive |
| 1615 | retirement benefits under s. 112.05. |
| 1616 | Reviser's note.-Amended to confirm the editorial |
| 1617 | redesignation of subsections (15A) and (15B) as |
| 1618 | subsections (16) and (17), which necessitated the |
| 1619 | redesignation of subsections (16) and (17) as |
| 1620 | subsections (18) and (19). |
| 1621 | Section 36. Section 238.071, Florida Statutes, is amended |
| 1622 | to read: |
| 1623 | 238.071 Social security benefits; determination of |
| 1624 | retirement allowance.-Any member of the Teachers' Retirement |
| 1625 | System who has heretofore or who hereafter retires and has his |
| 1626 | or her retirement allowance redetermined under the provisions of |
| 1627 | s. 238.07(16) 238.07(15A), shall not after July 1, 1969, have |
| 1628 | the amount of the redetermined retirement allowance reduced |
| 1629 | because of social security benefits received by the member or |
| 1630 | his or her spouse. |
| 1631 | Reviser's note.-Amended to confirm an editorial |
| 1632 | substitution made to conform to the editorial |
| 1633 | redesignation of s. 238.07(15A) as s. 238.07(16). |
| 1634 | Section 37. Paragraphs (a) and (d) of subsection (5) of |
| 1635 | section 238.09, Florida Statutes, are amended to read: |
| 1636 | 238.09 Method of financing.-All of the assets of the |
| 1637 | retirement system shall be credited, according to the purposes |
| 1638 | for which they are held, to one of four funds; namely, the |
| 1639 | Annuity Savings Trust Fund, the Pension Accumulation Trust Fund, |
| 1640 | the Expense Trust Fund, and the Survivors' Benefit Trust Fund. |
| 1641 | (5)(a) The survivors' benefit fund shall be the fund in |
| 1642 | which shall be accumulated all reserves for the payment of all |
| 1643 | survivor benefits provided for in s. 238.07(18) 238.07(16), |
| 1644 | except refund of accumulated contributions. There shall be paid |
| 1645 | into this fund: |
| 1646 | 1. All contributions by members based on the rate of |
| 1647 | twenty-five-hundredths percent of their salary as set out in |
| 1648 | paragraph (b) of this subsection. |
| 1649 | 2. All contributions by the state to the Survivors' |
| 1650 | Benefit Trust Fund. |
| 1651 | 3. All transfers from other funds as required by this |
| 1652 | subsection. |
| 1653 | (d) A member who makes contributions to the Survivors' |
| 1654 | Benefit Trust Fund shall not thereby obtain, prior to July 1, |
| 1655 | 1959, any vested interest or right to the benefits under s. |
| 1656 | 238.07(18) 238.07(16), and these benefits may be altered, |
| 1657 | changed or repealed by the Legislature at its 1959 session, |
| 1658 | provided that the beneficiaries of members whose deaths occur |
| 1659 | prior to July 1, 1959, shall have a vested interest in the |
| 1660 | benefits accruing to such beneficiaries under s. 238.07(18) |
| 1661 | 238.07(16), and these rights may not be altered, changed nor |
| 1662 | repealed by the Legislature. |
| 1663 | Reviser's note.-Amended to confirm editorial |
| 1664 | substitutions made to conform to the editorial |
| 1665 | redesignation of s. 238.07(15A) and (15B) as s. |
| 1666 | 238.07(16) and (17), which necessitated the |
| 1667 | redesignation of s. 238.07(16) as s. 238.07(18). |
| 1668 | Section 38. Subsection (2) of section 255.043, Florida |
| 1669 | Statutes, is amended to read: |
| 1670 | 255.043 Art in state buildings.- |
| 1671 | (2) The Department of Management Services or other state |
| 1672 | agencies receiving appropriations for original constructions |
| 1673 | shall notify the Florida Arts Council on Arts and Culture and |
| 1674 | the user agency of any construction project which is eligible |
| 1675 | under the provisions of this section. The Department of |
| 1676 | Management Services or other state agency shall determine the |
| 1677 | amount to be made available for purchase or commission of works |
| 1678 | of art for each project and shall report these amounts to the |
| 1679 | Florida Arts Council on Arts and Culture and the user agency. |
| 1680 | Payments therefor shall be made from funds appropriated for |
| 1681 | fixed capital outlay according to law. |
| 1682 | Reviser's note.-Amended to conform to the council's |
| 1683 | name change by s. 7, ch. 2009-72, Laws of Florida. |
| 1684 | Section 39. Subsection (2) of section 260.019, Florida |
| 1685 | Statutes, is amended to read: |
| 1686 | 260.019 Florida Circumnavigation Saltwater Paddling |
| 1687 | Trail.- |
| 1688 | (2) The department shall establish the initial starting |
| 1689 | and ending points by latitude and longitude for the trail |
| 1690 | segments described in subsection (3) within 180 days after the |
| 1691 | effective date of this act. Except for the Big Bend Historic |
| 1692 | Saltwater Paddling Trail, segment 6, the department has the |
| 1693 | exclusive authority to officially name and locate the remaining |
| 1694 | 25 trail segments. The department shall name and locate the |
| 1695 | segments based on logical geographical boundaries, safety to |
| 1696 | trail users, ease of management, desires of local communities |
| 1697 | and user groups, and other factors that assist in the overall |
| 1698 | success of the trail system. The department may adjust the |
| 1699 | location of any trail segment; give official recognition to |
| 1700 | specific sites along the trail route; publish official trail |
| 1701 | guides and literature in cooperation with other governmental and |
| 1702 | private entities; and resolve conflicts that may arise between |
| 1703 | competing and conflicting parties over trail issues. The Florida |
| 1704 | Greenways and Trails Council may advise the department on all |
| 1705 | matters relating to the paddling trail. By January 1, 2008, the |
| 1706 | department shall prepare and submit a report setting forth the |
| 1707 | names and locations adopted for each trail segment to the |
| 1708 | Governor, the President of the Senate, and the Speaker of the |
| 1709 | House of 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, |
| 1752 | the local sponsoring organization shall meet all of the |
| 1753 | following criteria: |
| 1754 | (c) Be designated a cultural sponsoring organization by |
| 1755 | the department, if recommended by the Florida Arts Council on |
| 1756 | Arts and Culture to the Secretary of State pursuant to the |
| 1757 | procedures 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 |
| 1869 | without competitive bidding or procurement, to make available, |
| 1870 | on a 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 |
| 1907 | Development, in connection with the establishment, operation, |
| 1908 | and management of any of its offices located in a foreign |
| 1909 | country, is exempt from the provisions of ss. 255.21, 255.25, |
| 1910 | and 255.254 relating to leasing of buildings; ss. 283.33 and |
| 1911 | 283.35 relating to bids for printing; ss. 287.001-287.20 |
| 1912 | relating to purchasing and motor vehicles; and ss. 282.003- |
| 1913 | 282.0056 and 282.702-282.7101 282.003-282.111 relating to |
| 1914 | communications, and from all statutory provisions relating to |
| 1915 | state employment. |
| 1916 | (a) The Office of Tourism, Trade, and Economic Development |
| 1917 | may exercise such exemptions only upon prior approval of the |
| 1918 | Governor. |
| 1919 | (b) If approval for an exemption under this section is |
| 1920 | granted as an integral part of a plan of operation for a |
| 1921 | specified foreign office, such action shall constitute |
| 1922 | continuing authority for the Office of Tourism, Trade, and |
| 1923 | Economic Development to exercise the exemption, but only in the |
| 1924 | context and upon the terms originally granted. Any modification |
| 1925 | of the approved plan of operation with respect to an exemption |
| 1926 | contained therein must be resubmitted to the Governor for his or |
| 1927 | her approval. An approval granted to exercise an exemption in |
| 1928 | any other context shall be restricted to the specific instance |
| 1929 | for which the exemption is to be exercised. |
| 1930 | (c) As used in this subsection, the term "plan of |
| 1931 | operation" means the plan developed pursuant to subsection (2). |
| 1932 | (d) Upon final action by the Governor with respect to a |
| 1933 | request to exercise the exemption authorized in this subsection, |
| 1934 | the Office of Tourism, Trade, and Economic Development shall |
| 1935 | report such action, along with the original request and any |
| 1936 | modifications thereto, to the President of the Senate and the |
| 1937 | Speaker of the House of Representatives within 30 days. |
| 1938 | Reviser's note.-Amended to conform to the |
| 1939 | redesignation of sections within chapter 282 by ch. |
| 1940 | 2009-80, Laws of Florida, and the further |
| 1941 | redesignation of s. 282.710 as s. 282.7101 by the |
| 1942 | reviser incident to compiling the 2009 Florida |
| 1943 | Statutes. |
| 1944 | Section 50. Subsection (2) of section 288.021, Florida |
| 1945 | Statutes, is amended to read: |
| 1946 | 288.021 Economic development liaison.- |
| 1947 | (2) Within 30 days of April 17, 1992, and Whenever it is |
| 1948 | necessary to change the designee, the head of each agency shall |
| 1949 | notify the Governor in writing of the person designated as the |
| 1950 | economic development liaison for such agency. |
| 1951 | Reviser's note.-Amended to delete obsolete language. |
| 1952 | Section 51. Paragraph (e) of subsection (2) of section |
| 1953 | 288.0656, Florida Statutes, is amended to read: |
| 1954 | 288.0656 Rural Economic Development Initiative.- |
| 1955 | (2) As used in this section, the term: |
| 1956 | (e) "Rural community" means: |
| 1957 | 1. A county with a population of 75,000 or fewer less. |
| 1958 | 2. A county with a population of 125,000 or fewer which is |
| 1959 | contiguous to a county with a population of 75,000 or fewer. |
| 1960 | 3. A municipality within a county described in |
| 1961 | subparagraph 1. or subparagraph 2. |
| 1962 | 4. An unincorporated federal enterprise community or an |
| 1963 | incorporated rural city with a population of 25,000 or fewer |
| 1964 | less and an employment base focused on traditional agricultural |
| 1965 | or resource-based industries, located in a county not defined as |
| 1966 | rural, which has at least three or more of the economic distress |
| 1967 | factors identified in paragraph (c) and verified by the Office |
| 1968 | of Tourism, Trade, and Economic Development. |
| 1969 |
|
| 1970 | For purposes of this paragraph, population shall be determined |
| 1971 | in accordance with the most recent official estimate pursuant to |
| 1972 | s. 186.901. |
| 1973 | Reviser's note.-Amended to provide contextual |
| 1974 | consistency within the paragraph. |
| 1975 | Section 52. Paragraph (d) of subsection (5) of section |
| 1976 | 288.1081, Florida Statutes, is amended to read: |
| 1977 | 288.1081 Economic Gardening Business Loan Pilot Program.- |
| 1978 | (5) |
| 1979 | (d) A loan administrator is entitled to receive a loan |
| 1980 | origination fee, payable at closing, of 1 percent of each loan |
| 1981 | issued by the loan administrator and a servicing fee of 0.625 |
| 1982 | percent per annum of the loan's outstanding principal principle |
| 1983 | balance, payable monthly. During the first 12 months of the |
| 1984 | loan, the servicing fee shall be paid from the disbursement from |
| 1985 | the Economic Development Trust Fund, and thereafter the loan |
| 1986 | administrator shall collect the servicing fee from the payments |
| 1987 | made by the borrower, charging the fee against repayments of |
| 1988 | principal. |
| 1989 | Reviser's note.-Amended to confirm an editorial |
| 1990 | substitution made to conform to context. |
| 1991 | Section 53. Subsection (6) of section 288.1169, Florida |
| 1992 | Statutes, is amended to read: |
| 1993 | 288.1169 International Game Fish Association World Center |
| 1994 | facility.- |
| 1995 | (6) The Department of Commerce must recertify every 10 |
| 1996 | years that the facility is open, that the International Game |
| 1997 | Fish Association World Center continues to be the only |
| 1998 | international administrative headquarters, fishing museum, and |
| 1999 | Hall of Fame in the United States recognized by the |
| 2000 | International Game Fish Association, and that the project is |
| 2001 | meeting the minimum projections for attendance or sales tax |
| 2002 | revenues as required at the time of original certification. If |
| 2003 | the facility is not recertified during this 10-year review as |
| 2004 | meeting the minimum projections, then funding shall be abated |
| 2005 | until certification criteria are met. If the project fails to |
| 2006 | generate $1 million of annual revenues pursuant to paragraph |
| 2007 | (2)(e), the distribution of revenues pursuant to s. |
| 2008 | 212.20(6)(d)6.d. 212.02(6)(d)6.d. shall be reduced to an amount |
| 2009 | equal to $83,333 multiplied by a fraction, the numerator of |
| 2010 | which is the actual revenues generated and the denominator of |
| 2011 | which is $1 million. Such reduction remains in effect until |
| 2012 | revenues generated by the project in a 12-month period equal or |
| 2013 | exceed $1 million. |
| 2014 | Reviser's note.-Amended to correct an apparent error. |
| 2015 | Section 9, ch. 2009-68, Laws of Florida, revised the |
| 2016 | cite from s. 212.20(6)(d)7.d. to s. 212.02(6)(d)6.d. |
| 2017 | to conform to s. 2, ch. 2009-68, which amended s. |
| 2018 | 212.20(6)(d) to delete subparagraph 2. and |
| 2019 | redesignated subsequent subparagraphs. Section 212.02 |
| 2020 | does not contain a paragraph (6)(d). |
| 2021 | Section 54. Paragraph (b) of subsection (9) of section |
| 2022 | 288.1224, Florida Statutes, is amended to read: |
| 2023 | 288.1224 Powers and duties.-The commission: |
| 2024 | (9) Is authorized to establish and operate tourism offices |
| 2025 | in foreign countries in the execution of its responsibilities |
| 2026 | for promoting the development of tourism. To facilitate the |
| 2027 | performance of these responsibilities, the commission is |
| 2028 | authorized to contract with the commission's direct-support |
| 2029 | organization to establish and administer such offices. Where |
| 2030 | feasible, appropriate, and recommended by the 4-year marketing |
| 2031 | plan, the commission may collocate the programs of foreign |
| 2032 | tourism offices in cooperation with any foreign office operated |
| 2033 | by any agency of this state. |
| 2034 | (b) The Florida Commission on Tourism, or its direct- |
| 2035 | support organization, in connection with the establishment, |
| 2036 | operation, and management of any of its tourism offices located |
| 2037 | in a foreign country, is exempt from the provisions of ss. |
| 2038 | 255.21, 255.25, and 255.254 relating to leasing of buildings; |
| 2039 | ss. 283.33 and 283.35 relating to bids for printing; ss. |
| 2040 | 287.001-287.20 relating to purchasing and motor vehicles; and |
| 2041 | ss. 282.003-282.0056 and 282.702-282.7101 282.003-282.111 |
| 2042 | relating to communications, and from all statutory provisions |
| 2043 | relating to state employment, if the laws, administrative code, |
| 2044 | or business practices or customs of the foreign country, or |
| 2045 | political or administrative subdivision thereof, in which such |
| 2046 | office is located are in conflict with these provisions. |
| 2047 | Reviser's note.-Amended to conform to the |
| 2048 | redesignation of sections within chapter 282 by ch. |
| 2049 | 2009-80, Laws of Florida, and the further |
| 2050 | redesignation of s. 282.710 as s. 282.7101 by the |
| 2051 | reviser incident to compiling the 2009 Florida |
| 2052 | Statutes. |
| 2053 | Section 55. Paragraph (a) of subsection (4) of section |
| 2054 | 311.12, Florida Statutes, is amended to read: |
| 2055 | 311.12 Seaport security.- |
| 2056 | (4) SECURE AND RESTRICTED AREAS.-Each seaport listed in s. |
| 2057 | 311.09 must clearly designate in seaport security plans, and |
| 2058 | clearly identify with appropriate signs and markers on the |
| 2059 | premises of a seaport, all secure and restricted areas as |
| 2060 | defined by the United States Department of Homeland Security- |
| 2061 | United States Coast Guard Navigation and Vessel Inspection |
| 2062 | Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also |
| 2063 | address access eligibility requirements and corresponding |
| 2064 | security enforcement authorizations. |
| 2065 | (a) The seaport's security plan must set forth the |
| 2066 | conditions and restrictions to be imposed on persons employed |
| 2067 | at, doing business at, or visiting the seaport who have access |
| 2068 | to secure and restricted areas which are sufficient to provide |
| 2069 | substantial compliance with the minimum security standards |
| 2070 | established in subsection (1) and federal regulations. |
| 2071 | 1. All seaport employees and other persons working at the |
| 2072 | seaport who have regular access to secure or restricted areas |
| 2073 | must comply with federal access control regulations and state |
| 2074 | criminal history checks as prescribed in this section. |
| 2075 | 2. All persons and objects in secure and restricted areas |
| 2076 | are subject to search by a sworn state-certified law enforcement |
| 2077 | officer, a Class D seaport security officer certified under |
| 2078 | Maritime Transportation Security Act of 2002 guidelines and s. |
| 2079 | 311.121, or an employee of the seaport security force certified |
| 2080 | under the Maritime Transportation Security Act of 2002 |
| 2081 | guidelines and s. 311.121. |
| 2082 | 3. Persons found in these areas without the proper |
| 2083 | permission are subject to the trespass provisions of ss. 810.08 |
| 2084 | and 810.09. |
| 2085 | Reviser's note.-Amended to conform to the full title |
| 2086 | of the act. |
| 2087 | Section 56. Paragraph (c) of subsection (3) of section |
| 2088 | 311.121, Florida Statutes, is amended to read: |
| 2089 | 311.121 Qualifications, training, and certification of |
| 2090 | licensed security officers at Florida seaports.- |
| 2091 | (3) The Seaport Security Officer Qualification, Training, |
| 2092 | and Standards Coordinating Council is created under the |
| 2093 | Department of Law Enforcement. |
| 2094 | (c) Council members designated under subparagraphs (a)1.- |
| 2095 | 4. shall serve for the duration of their employment or |
| 2096 | appointment. Council members designated under subparagraphs |
| 2097 | (a)5.-9. (b)5.-9. shall be appointed for 4-year terms. |
| 2098 | Reviser's note.-Amended to confirm an editorial |
| 2099 | substitution; paragraph (b) does not contain |
| 2100 | subparagraphs, and subparagraphs (a)5.-9. relate to |
| 2101 | designation of specified council members. |
| 2102 | Section 57. Subsection (3) of section 311.122, Florida |
| 2103 | Statutes, is amended to read: |
| 2104 | 311.122 Seaport law enforcement agency; authorization; |
| 2105 | requirements; powers; training.- |
| 2106 | (3) If a seaport creates a seaport law enforcement agency |
| 2107 | for its facility, a minimum of 30 percent of the aggregate |
| 2108 | personnel of each seaport law enforcement agency shall be sworn |
| 2109 | state-certified law enforcement officers with additional |
| 2110 | Maritime Transportation Security Act of 2002 seaport training; a |
| 2111 | minimum of 30 percent of on-duty personnel of each seaport law |
| 2112 | enforcement agency shall be sworn state-certified law |
| 2113 | enforcement officers with additional Maritime Transportation |
| 2114 | Security Act of 2002 seaport training; and at least one on-duty |
| 2115 | supervisor must be a sworn state-certified law enforcement |
| 2116 | officer with additional Maritime Transportation Security Act of |
| 2117 | 2002 seaport training. |
| 2118 | Reviser's note.-Amended to conform to the full title |
| 2119 | of the act. |
| 2120 | Section 58. Subsection (17) of section 318.18, Florida |
| 2121 | Statutes, is amended to read: |
| 2122 | 318.18 Amount of penalties.-The penalties required for a |
| 2123 | noncriminal disposition pursuant to s. 318.14 or a criminal |
| 2124 | offense listed in s. 318.17 are as follows: |
| 2125 | (17) In addition to any penalties imposed, a surcharge of |
| 2126 | $3 must be paid for all criminal offenses listed in s. 318.17 |
| 2127 | and for all noncriminal moving traffic violations under chapter |
| 2128 | 316. Revenue from the surcharge shall be remitted to the |
| 2129 | Department of Revenue and deposited quarterly into the State |
| 2130 | Agency Law Enforcement Radio System Trust Fund of the Department |
| 2131 | of Management Services for the state agency law enforcement |
| 2132 | radio system, as described in s. 282.709, and to provide |
| 2133 | technical assistance to state agencies and local law enforcement |
| 2134 | agencies with their statewide systems of regional law |
| 2135 | enforcement communications, as described in s. 282.7101 282.710. |
| 2136 | This subsection expires July 1, 2012. The Department of |
| 2137 | Management Services may retain funds sufficient to recover the |
| 2138 | costs and expenses incurred for managing, administering, and |
| 2139 | overseeing the Statewide Law Enforcement Radio System, and |
| 2140 | providing technical assistance to state agencies and local law |
| 2141 | enforcement agencies with their statewide systems of regional |
| 2142 | law enforcement communications. The Department of Management |
| 2143 | Services working in conjunction with the Joint Task Force on |
| 2144 | State Agency Law Enforcement Communications shall determine and |
| 2145 | direct the purposes for which these funds are used to enhance |
| 2146 | and improve the radio system. |
| 2147 | Reviser's note.-Amended to conform to the |
| 2148 | redesignation of s. 282.710 as s. 282.7101 by the |
| 2149 | reviser incident to compiling the 2009 Florida |
| 2150 | Statutes. |
| 2151 | Section 59. Subsection (13) of section 318.21, Florida |
| 2152 | Statutes, is amended to read: |
| 2153 | 318.21 Disposition of civil penalties by county courts.- |
| 2154 | All civil penalties received by a county court pursuant to the |
| 2155 | provisions of this chapter shall be distributed and paid monthly |
| 2156 | as follows: |
| 2157 | (13) Of the proceeds from the fine under s. 318.18(15) |
| 2158 | 318.18(14), $65 shall be remitted to the Department of Revenue |
| 2159 | for deposit into the Administrative Trust Fund of the Department |
| 2160 | of Health and the remaining $60 shall be distributed pursuant to |
| 2161 | subsections (1) and (2). |
| 2162 | Reviser's note.-Amended to conform to the |
| 2163 | redesignation of s. 318.18(14) as s. 318.18(15). Two |
| 2164 | subsections (14) were created by different 2005 laws, |
| 2165 | and this reference was renumbered as subsection (15). |
| 2166 | Section 60. Section 321.02, Florida Statutes, is amended |
| 2167 | to read: |
| 2168 | 321.02 Powers and duties of department, highway patrol.- |
| 2169 | The director of the Division of Highway Patrol of the Department |
| 2170 | of Highway Safety and Motor Vehicles shall also be the commander |
| 2171 | of the Florida Highway Patrol. The said department shall set up |
| 2172 | and promulgate rules and regulations by which the personnel of |
| 2173 | the Florida Highway Patrol officers shall be examined, employed, |
| 2174 | trained, located, suspended, reduced in rank, discharged, |
| 2175 | recruited, paid and pensioned, subject to civil service |
| 2176 | provisions hereafter set out. The department may enter into |
| 2177 | contracts or agreements, with or without competitive bidding or |
| 2178 | procurement, to make available, on a fair, reasonable, |
| 2179 | nonexclusive, and nondiscriminatory basis, property and other |
| 2180 | structures under division control for the placement of new |
| 2181 | facilities by any wireless provider of mobile service as defined |
| 2182 | in 47 U.S.C. s. 153(27) 153(n) or s. 332(d), and any |
| 2183 | telecommunications company as defined in s. 364.02 when it is |
| 2184 | determined to be practical and feasible to make such property or |
| 2185 | other structures available. The department may, without adopting |
| 2186 | a rule, charge a just, reasonable, and nondiscriminatory fee for |
| 2187 | placement of the facilities, payable annually, based on the fair |
| 2188 | market value of space used by comparable communications |
| 2189 | facilities in the state. The department and a wireless provider |
| 2190 | or telecommunications company may negotiate the reduction or |
| 2191 | elimination of a fee in consideration of services provided to |
| 2192 | the division by the wireless provider or the telecommunications |
| 2193 | company. All such fees collected by the department shall be |
| 2194 | deposited directly into the State Agency Law Enforcement Radio |
| 2195 | System Trust Fund, and may be used to construct, maintain, or |
| 2196 | support the system. The department is further specifically |
| 2197 | authorized to purchase, sell, trade, rent, lease and maintain |
| 2198 | all necessary equipment, uniforms, motor vehicles, communication |
| 2199 | systems, housing facilities, office space, and perform any other |
| 2200 | acts necessary for the proper administration and enforcement of |
| 2201 | this chapter. However, all supplies and equipment consisting of |
| 2202 | single items or in lots shall be purchased under the |
| 2203 | requirements of s. 287.057. Purchases shall be made by accepting |
| 2204 | the bid of the lowest responsive bidder, the right being |
| 2205 | reserved to reject all bids. The department shall prescribe a |
| 2206 | distinctive uniform and distinctive emblem to be worn by all |
| 2207 | officers of the Florida Highway Patrol. It shall be unlawful for |
| 2208 | any other person or persons to wear a similar uniform or emblem, |
| 2209 | or any part or parts thereof. The department shall also |
| 2210 | prescribe distinctive colors for use on motor vehicles and |
| 2211 | motorcycles operated by the Florida Highway Patrol. The |
| 2212 | prescribed colors shall be referred to as "Florida Highway |
| 2213 | Patrol black and tan." |
| 2214 | Reviser's note.-Amended to confirm an editorial |
| 2215 | substitution; 47 U.S.C. s. 153(27) defines the term |
| 2216 | "mobile service," and 47 U.S.C. s. 153(n) does not |
| 2217 | exist. |
| 2218 | Section 61. Section 322.181, Florida Statutes, is |
| 2219 | repealed. |
| 2220 | Reviser's note.-Repeals material requiring a study and |
| 2221 | report due February 1, 2004. |
| 2222 | Section 62. Paragraph (b) of subsection (2) of section |
| 2223 | 322.271, Florida Statutes, is amended to read: |
| 2224 | 322.271 Authority to modify revocation, cancellation, or |
| 2225 | suspension order.- |
| 2226 | (2) At such hearing, the person whose license has been |
| 2227 | suspended, canceled, or revoked may show that such suspension, |
| 2228 | cancellation, or revocation causes a serious hardship and |
| 2229 | precludes the person from carrying out his or her normal |
| 2230 | business occupation, trade, or employment and that the use of |
| 2231 | the person's license in the normal course of his or her business |
| 2232 | is necessary to the proper support of the person or his or her |
| 2233 | family. |
| 2234 | (b) The department may waive the hearing process for |
| 2235 | suspensions and revocations upon request by the driver if the |
| 2236 | driver has enrolled in or completed the applicable driver |
| 2237 | training course approved under s. 318.1451 or the DUI program |
| 2238 | substance abuse education course and evaluation provided in s. |
| 2239 | 316.193(5). However, the department may not waive the hearing |
| 2240 | for suspensions or revocations that involve death or serious |
| 2241 | bodily injury, multiple convictions for violations of s. 316.193 |
| 2242 | pursuant to s. 322.27(5), or a second or subsequent suspension |
| 2243 | or revocation pursuant to the same provision of this chapter. |
| 2244 | This paragraph does not preclude the department from requiring a |
| 2245 | hearing for any suspension or revocation that it determines is |
| 2246 | warranted based on the severity of the offense. |
| 2247 | Reviser's note.-Amended to confirm an editorial |
| 2248 | insertion made to facilitate correct interpretation. |
| 2249 | Section 63. Paragraph (x) of subsection (1) of section |
| 2250 | 327.73, Florida Statutes, is amended to read: |
| 2251 | 327.73 Noncriminal infractions.- |
| 2252 | (1) Violations of the following provisions of the vessel |
| 2253 | laws of this state are noncriminal infractions: |
| 2254 | (x) Section 253.04(3)(a) 253.04(4)(a), relating to |
| 2255 | carelessly causing seagrass scarring, for which the civil |
| 2256 | penalty upon conviction is: |
| 2257 | 1. For a first offense, $50. |
| 2258 | 2. For a second offense occurring within 12 months after a |
| 2259 | prior conviction, $250. |
| 2260 | 3. For a third offense occurring within 36 months after a |
| 2261 | prior conviction, $500. |
| 2262 | 4. For a fourth or subsequent offense occurring within 72 |
| 2263 | months after a prior conviction, $1,000. |
| 2264 |
|
| 2265 | Any person cited for a violation of any such provision shall be |
| 2266 | deemed to be charged with a noncriminal infraction, shall be |
| 2267 | cited for such an infraction, and shall be cited to appear |
| 2268 | before the county court. The civil penalty for any such |
| 2269 | infraction is $50, except as otherwise provided in this section. |
| 2270 | Any person who fails to appear or otherwise properly respond to |
| 2271 | a uniform boating citation shall, in addition to the charge |
| 2272 | relating to the violation of the boating laws of this state, be |
| 2273 | charged with the offense of failing to respond to such citation |
| 2274 | and, upon conviction, be guilty of a misdemeanor of the second |
| 2275 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
| 2276 | written warning to this effect shall be provided at the time |
| 2277 | such uniform boating citation is issued. |
| 2278 | Reviser's note.-Amended to confirm an editorial |
| 2279 | substitution necessitated by the repeal of former |
| 2280 | subsection (3) by s. 59, ch. 2009-86, Laws of Florida. |
| 2281 | Section 64. Subsection (26) of section 334.044, Florida |
| 2282 | Statutes, is amended to read: |
| 2283 | 334.044 Department; powers and duties.-The department |
| 2284 | shall have the following general powers and duties: |
| 2285 | (26) To provide for the enhancement of environmental |
| 2286 | benefits, including air and water quality; to prevent roadside |
| 2287 | erosion; to conserve the natural roadside growth and scenery; |
| 2288 | and to provide for the implementation and maintenance of |
| 2289 | roadside conservation, enhancement, and stabilization |
| 2290 | stabilization, and programs. No less than 1.5 percent of the |
| 2291 | amount contracted for construction projects shall be allocated |
| 2292 | by the department for the purchase of plant materials, with, to |
| 2293 | the greatest extent practical, a minimum of 50 percent of these |
| 2294 | funds for large plant materials and the remaining funds for |
| 2295 | other plant materials. All such plant materials shall be |
| 2296 | purchased from Florida commercial nursery stock in this state on |
| 2297 | a uniform competitive bid basis. The department will develop |
| 2298 | grades and standards for landscaping materials purchased through |
| 2299 | this process. To accomplish these activities, the department may |
| 2300 | contract with nonprofit organizations having the primary purpose |
| 2301 | of developing youth employment opportunities. |
| 2302 | Reviser's note.-Amended to confirm an editorial |
| 2303 | substitution made to correct an apparent error. |
| 2304 | Section 65. Subsection (5) of section 337.0261, Florida |
| 2305 | Statutes, is repealed. |
| 2306 | Reviser's note.-Repealed to delete references to the |
| 2307 | "Strategic Aggregates Review Task Force," which was |
| 2308 | dissolved on July 1, 2008. |
| 2309 | Section 66. Paragraph (a) of subsection (2) of section |
| 2310 | 337.16, Florida Statutes, is amended to read: |
| 2311 | 337.16 Disqualification of delinquent contractors from |
| 2312 | bidding; determination of contractor nonresponsibility; denial, |
| 2313 | suspension, and revocation of certificates of qualification; |
| 2314 | grounds; hearing.- |
| 2315 | (2) For reasons other than delinquency in progress, the |
| 2316 | department, for good cause, may determine any contractor not |
| 2317 | having a certificate of qualification nonresponsible for a |
| 2318 | specified period of time or may deny, suspend, or revoke any |
| 2319 | certificate of qualification. Good cause includes, but is not |
| 2320 | limited to, circumstances in which a contractor or the |
| 2321 | contractor's official representative: |
| 2322 | (a) Makes or submits to the department false, deceptive, |
| 2323 | or fraudulent statements or materials in any bid proposal to the |
| 2324 | department, any application for a certificate of qualification, |
| 2325 | any certification of payment pursuant to s. 337.11(11) |
| 2326 | 337.11(10), or any administrative or judicial proceeding; |
| 2327 | Reviser's note.-Amended to conform to the |
| 2328 | redesignation of s. 337.11(10) as s. 337.11(11) by s. |
| 2329 | 7, ch. 2009-85, Laws of Florida. |
| 2330 | Section 67. Subsection (3) of section 338.235, Florida |
| 2331 | Statutes, is amended to read: |
| 2332 | 338.235 Contracts with department for provision of |
| 2333 | services on the turnpike system.- |
| 2334 | (3) The department may enter into contracts or agreements, |
| 2335 | with or without competitive bidding or procurement, to make |
| 2336 | available, on a fair, reasonable, nonexclusive, and |
| 2337 | nondiscriminatory basis, turnpike property and other turnpike |
| 2338 | structures, for the placement of wireless facilities by any |
| 2339 | wireless provider of mobile services as defined in 47 U.S.C. s. |
| 2340 | 153(27) 153(n) or s. 332(d), and any telecommunications company |
| 2341 | as defined in s. 364.02 when it is determined to be practical |
| 2342 | and feasible to make such property or structures available. The |
| 2343 | department may, without adopting a rule, charge a just, |
| 2344 | reasonable, and nondiscriminatory fee for placement of the |
| 2345 | facilities, payable annually, based on the fair market value of |
| 2346 | space used by comparable communications facilities in the state. |
| 2347 | The department and a wireless provider may negotiate the |
| 2348 | reduction or elimination of a fee in consideration of goods or |
| 2349 | services provided to the department by the wireless provider. |
| 2350 | All such fees collected by the department shall be deposited |
| 2351 | directly into the State Agency Law Enforcement Radio System |
| 2352 | Trust Fund and may be used to construct, maintain, or support |
| 2353 | the system. |
| 2354 | Reviser's note.-Amended to confirm an editorial |
| 2355 | substitution; 47 U.S.C. s. 153(27) defines the term |
| 2356 | "mobile service," and 47 U.S.C. s. 153(n) does not |
| 2357 | exist. |
| 2358 | Section 68. Paragraph (a) of subsection (8) of section |
| 2359 | 365.172, Florida Statutes, is amended to read: |
| 2360 | 365.172 Emergency communications number "E911."- |
| 2361 | (8) E911 FEE.- |
| 2362 | (a) Each voice communications services provider shall |
| 2363 | collect the fee described in this subsection. Each provider, as |
| 2364 | part of its monthly billing process, shall bill the fee as |
| 2365 | follows. The fee shall not be assessed on any pay telephone in |
| 2366 | the state. |
| 2367 | 1. Each local exchange carrier shall bill the fee to the |
| 2368 | local exchange subscribers on a service-identifier basis, up to |
| 2369 | a maximum of 25 access lines per account bill rendered. |
| 2370 | 2. Except in the case of prepaid wireless service, each |
| 2371 | wireless provider shall bill the fee to a subscriber on a per- |
| 2372 | service-identifier basis for service identifiers whose primary |
| 2373 | place of use is within this state. Before July 1, 2009, the fee |
| 2374 | shall not be assessed on or collected from a provider with |
| 2375 | respect to an end user's service if that end user's service is a |
| 2376 | prepaid calling arrangement that is subject to s. 212.05(1)(e). |
| 2377 | a. The board shall conduct a study to determine whether it |
| 2378 | is feasible to collect E911 fees from the sale of prepaid |
| 2379 | wireless service. If, based on the findings of the study, the |
| 2380 | board determines that a fee should not be collected from the |
| 2381 | sale of prepaid wireless service, it shall report its findings |
| 2382 | and recommendation to the Governor, the President of the Senate, |
| 2383 | and the Speaker of the House of Representatives by December 31, |
| 2384 | 2008. If the board determines that a fee should be collected |
| 2385 | from the sale of prepaid wireless service, the board shall |
| 2386 | collect the fee beginning July 1, 2009. |
| 2387 | b. For purposes of this section, the term: |
| 2388 | (I) "Prepaid wireless service" means the right to access |
| 2389 | telecommunications services that must be paid for in advance and |
| 2390 | is sold in predetermined units or dollars enabling the |
| 2391 | originator to make calls such that the number of units or |
| 2392 | dollars declines with use in a known amount. |
| 2393 | (II) "Prepaid wireless service providers" includes those |
| 2394 | persons who sell prepaid wireless service regardless of its |
| 2395 | form, either as a retailer or reseller. |
| 2396 | c. The study must include an evaluation of methods by |
| 2397 | which E911 fees may be collected from end users and purchasers |
| 2398 | of prepaid wireless service on an equitable, efficient, |
| 2399 | competitively neutral, and nondiscriminatory basis and must |
| 2400 | consider whether the collection of fees on prepaid wireless |
| 2401 | service would constitute an efficient use of public funds given |
| 2402 | the technological and practical considerations of collecting the |
| 2403 | fee based on the varying methodologies prepaid wireless service |
| 2404 | providers and their agents use in marketing prepaid wireless |
| 2405 | service. |
| 2406 | d. The study must include a review and evaluation of the |
| 2407 | collection of E911 fees on prepaid wireless service at the point |
| 2408 | of sale within the state. This evaluation must be consistent |
| 2409 | with the collection principles of end user charges such as those |
| 2410 | in s. 212.05(1)(e). |
| 2411 | e. No later than 90 days after this section becomes law, |
| 2412 | the board shall require all prepaid wireless service providers, |
| 2413 | including resellers, to provide the board with information that |
| 2414 | the board determines is necessary to discharge its duties under |
| 2415 | this section, including information necessary for its |
| 2416 | recommendation, such as total retail and reseller prepaid |
| 2417 | wireless service sales. |
| 2418 | f. All subscriber information provided by a prepaid |
| 2419 | wireless service provider in response to a request from the |
| 2420 | board while conducting this study is subject to s. 365.174. |
| 2421 | g. The study shall be conducted by an entity competent and |
| 2422 | knowledgeable in matters of state taxation policy if the board |
| 2423 | does not possess that expertise. The study must be paid from the |
| 2424 | moneys distributed to the board for administrative purposes |
| 2425 | under s. 365.173(2)(f) but may not exceed $250,000. |
| 2426 | 3. All voice communications services providers not |
| 2427 | addressed under subparagraphs 1. and 2. shall bill the fee on a |
| 2428 | per-service-identifier basis for service identifiers whose |
| 2429 | primary place of use is within the state up to a maximum of 25 |
| 2430 | service identifiers for each account bill rendered. |
| 2431 |
|
| 2432 | The provider may list the fee as a separate entry on each bill, |
| 2433 | in which case the fee must be identified as a fee for E911 |
| 2434 | services. A provider shall remit the fee to the board only if |
| 2435 | the fee is paid by the subscriber. If a provider receives a |
| 2436 | partial payment for a monthly bill from a subscriber, the amount |
| 2437 | received shall first be applied to the payment due the provider |
| 2438 | for providing voice communications service. |
| 2439 | Reviser's note.-Amended to delete obsolete language. |
| 2440 | Section 69. Subsection (4) of section 373.046, Florida |
| 2441 | Statutes, is amended to read: |
| 2442 | 373.046 Interagency agreements.- |
| 2443 | (4) The Legislature recognizes and affirms the division of |
| 2444 | responsibilities between the department and the water management |
| 2445 | districts as set forth in ss. III. and X. of each of the |
| 2446 | operating agreements codified as rules 17-101.040(12)(a)3., 4., |
| 2447 | and 5., Florida Administrative Code. Section IV.A.2.a. of each |
| 2448 | operating agreement regarding individual permit oversight is |
| 2449 | rescinded. The department shall be responsible for permitting |
| 2450 | those activities under part IV of this chapter which, because of |
| 2451 | their complexity and magnitude, need to be economically and |
| 2452 | efficiently evaluated at the state level, including, but not |
| 2453 | limited to, mining, hazardous waste management facilities and |
| 2454 | solid waste management facilities that do not qualify for a |
| 2455 | general permit under chapter 403. With regard to |
| 2456 | postcertification information submittals for activities |
| 2457 | authorized under chapters 341 and 403 siting act certifications, |
| 2458 | the department, after consultation with the appropriate water |
| 2459 | management district and other agencies having applicable |
| 2460 | regulatory jurisdiction, shall be responsible for determining |
| 2461 | the permittee's compliance with conditions of certification |
| 2462 | which were based upon the nonprocedural requirements of part IV |
| 2463 | of this chapter. The Legislature authorizes the water management |
| 2464 | districts and the department to modify the division of |
| 2465 | responsibilities referenced in this section and enter into |
| 2466 | further interagency agreements by rulemaking, including |
| 2467 | incorporation by reference, pursuant to chapter 120, to provide |
| 2468 | for greater efficiency and to avoid duplication in the |
| 2469 | administration of part IV of this chapter by designating certain |
| 2470 | activities which will be regulated by either the water |
| 2471 | management districts or the department. In developing such |
| 2472 | interagency agreements, the water management districts and the |
| 2473 | department should take into consideration the technical and |
| 2474 | fiscal ability of each water management district to implement |
| 2475 | all or some of the provisions of part IV of this chapter. |
| 2476 | Nothing herein rescinds or restricts the authority of the |
| 2477 | districts to regulate silviculture and agriculture pursuant to |
| 2478 | part IV of this chapter or s. 403.927. By December 10, 1993, the |
| 2479 | secretary of the department shall submit a report to the |
| 2480 | President of the Senate and the Speaker of the House of |
| 2481 | Representatives regarding the efficiency of the procedures and |
| 2482 | the division of responsibilities contemplated by this subsection |
| 2483 | and regarding progress toward the execution of further |
| 2484 | interagency agreements and the integration of permitting with |
| 2485 | sovereignty lands approval. The report also will consider the |
| 2486 | feasibility of improving the protection of the environment |
| 2487 | through comprehensive criteria for protection of natural |
| 2488 | systems. |
| 2489 | Reviser's note.-Amended to delete obsolete language. |
| 2490 | Section 70. Subsection (7) of section 373.236, Florida |
| 2491 | Statutes, is amended to read: |
| 2492 | 373.236 Duration of permits; compliance reports.- |
| 2493 | (7) A permit approved for a renewable energy generating |
| 2494 | facility or the cultivation of agricultural products on lands |
| 2495 | consisting of 1,000 acres or more for use in the production of |
| 2496 | renewable energy, as defined in s. 366.91(2)(d), shall be |
| 2497 | granted for a term of at least 25 years at the applicant's |
| 2498 | request based on the anticipated life of the facility if there |
| 2499 | is sufficient data to provide reasonable assurance that the |
| 2500 | conditions for permit issuance will be met for the duration of |
| 2501 | the permit; otherwise, a permit may be issued for a shorter |
| 2502 | duration that reflects the longest period for which such |
| 2503 | reasonable assurances are provided. Such a permit is subject to |
| 2504 | compliance reports under subsection (4). |
| 2505 | Reviser's note.-Amended to confirm an editorial |
| 2506 | insertion made to improve clarity and correct sentence |
| 2507 | construction. |
| 2508 | Section 71. Subsection (5) of section 376.30713, Florida |
| 2509 | Statutes, is repealed. |
| 2510 | Reviser's note.-Repeals material relating to a report |
| 2511 | due by December 31, 1998, on the progress and level of |
| 2512 | activity made regarding preapproved advanced cleanup. |
| 2513 | Section 72. Paragraph (f) of subsection (2) of section |
| 2514 | 377.709, Florida Statutes, is amended to read: |
| 2515 | 377.709 Funding by electric utilities of local |
| 2516 | governmental solid waste facilities that generate electricity.- |
| 2517 | (2) DEFINITIONS.-As used in this section, the term: |
| 2518 | (f) "Solid waste facility" means a facility owned or |
| 2519 | operated by, or on behalf of, a local government for the purpose |
| 2520 | of disposing of solid waste, as that term is defined in s. |
| 2521 | 403.703(32) 403.703(13), by any process that produces heat and |
| 2522 | incorporates, as a part of the facility, the means of converting |
| 2523 | heat to electrical energy in amounts greater than actually |
| 2524 | required for the operation of the facility. |
| 2525 | Reviser's note.-Amended to correct a cross-reference. |
| 2526 | The definition for "solid waste" is at s. 403.703(32) |
| 2527 | as amended by s. 6, ch. 2007-184, Laws of Florida. |
| 2528 | Section 73. Paragraph (a) of subsection (29) of section |
| 2529 | 380.06, Florida Statutes, is amended to read: |
| 2530 | 380.06 Developments of regional impact.- |
| 2531 | (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.- |
| 2532 | (a) The following are exempt from this section: |
| 2533 | 1. Any proposed development in a municipality that |
| 2534 | qualifies as a dense urban land area as defined in s. 163.3164; |
| 2535 | 2. Any proposed development within a county that qualifies |
| 2536 | as a dense urban land area as defined in s. 163.3164 and that is |
| 2537 | located within an urban service area as defined in s. 163.3164 |
| 2538 | which has been adopted into the comprehensive plan; or |
| 2539 | 3. Any proposed development within a county, including the |
| 2540 | municipalities located therein, which has a population of at |
| 2541 | least 900,000, which qualifies as a dense urban land area under |
| 2542 | s. 163.3164, but which does not have an urban service area |
| 2543 | designated in the comprehensive plan. |
| 2544 | Reviser's note.-Amended to improve clarity. |
| 2545 | Section 74. Subsection (6) of section 381.84, Florida |
| 2546 | Statutes, is reenacted to read: |
| 2547 | 381.84 Comprehensive Statewide Tobacco Education and Use |
| 2548 | Prevention Program.- |
| 2549 | (6) CONTRACT REQUIREMENTS.-Contracts or grants for the |
| 2550 | program components or subcomponents described in paragraphs |
| 2551 | (3)(a)-(f) shall be awarded by the State Surgeon General, after |
| 2552 | consultation with the council, on the basis of merit, as |
| 2553 | determined by an open, competitive, peer-reviewed process that |
| 2554 | ensures objectivity, consistency, and high quality. The |
| 2555 | department shall award such grants or contracts no later than |
| 2556 | October 1 for each fiscal year. A recipient of a contract or |
| 2557 | grant for the program component described in paragraph (3)(c) is |
| 2558 | not eligible for a contract or grant award for any other program |
| 2559 | component described in subsection (3) in the same state fiscal |
| 2560 | year. A school or college of medicine that is represented on the |
| 2561 | council is not eligible to receive a contract or grant under |
| 2562 | this section. For the 2009-2010 fiscal year only, the department |
| 2563 | shall award a contract or grant in the amount of $10 million to |
| 2564 | the AHEC network for the purpose of developing the components |
| 2565 | described in paragraph (3)(i). The AHEC network may apply for a |
| 2566 | competitive contract or grant after the 2009-2010 fiscal year. |
| 2567 | (a) In order to ensure that all proposals for funding are |
| 2568 | appropriate and are evaluated fairly on the basis of merit, the |
| 2569 | State Surgeon General, in consultation with the council, shall |
| 2570 | appoint a peer review panel of independent, qualified experts in |
| 2571 | the field of tobacco control to review the content of each |
| 2572 | proposal and establish its priority score. The priority scores |
| 2573 | shall be forwarded to the council and must be considered in |
| 2574 | determining which proposals will be recommended for funding. |
| 2575 | (b) The council and the peer review panel shall establish |
| 2576 | and follow rigorous guidelines for ethical conduct and adhere to |
| 2577 | a strict policy with regard to conflicts of interest. A member |
| 2578 | of the council or panel may not participate in any discussion or |
| 2579 | decision with respect to a research proposal by any firm, |
| 2580 | entity, or agency with which the member is associated as a |
| 2581 | member of the governing body or as an employee or with which the |
| 2582 | member has entered into a contractual arrangement. Meetings of |
| 2583 | the council and the peer review panels are subject to chapter |
| 2584 | 119, s. 286.011, and s. 24, Art. I of the State Constitution. |
| 2585 | (c) In each contract or grant agreement, the department |
| 2586 | shall limit the use of food and promotional items to no more |
| 2587 | than 2.5 percent of the total amount of the contract or grant |
| 2588 | and limit overhead or indirect costs to no more than 7.5 percent |
| 2589 | of the total amount of the contract or grant. The department, in |
| 2590 | consultation with the Department of Financial Services, shall |
| 2591 | publish guidelines for appropriate food and promotional items. |
| 2592 | (d) In each advertising contract, the department shall |
| 2593 | limit the total of production fees, buyer commissions, and |
| 2594 | related costs to no more than 10 percent of the total contract |
| 2595 | amount. |
| 2596 | (e) Notwithstanding the competitive process for contracts |
| 2597 | prescribed in this subsection, each county health department is |
| 2598 | eligible for core funding, on a per capita basis, to implement |
| 2599 | tobacco education and use prevention activities within that |
| 2600 | county. |
| 2601 | Reviser's note.-Section 3, ch. 2009-58, Laws of |
| 2602 | Florida, amended subsection (6) without publishing |
| 2603 | paragraphs (a)-(e). Absent affirmative evidence of |
| 2604 | legislative intent to repeal the omitted paragraphs, |
| 2605 | subsection (6) is reenacted to confirm the omission |
| 2606 | was not intended. |
| 2607 | Section 75. Section 381.912, Florida Statutes, is |
| 2608 | repealed. |
| 2609 | Reviser's note.-Repealed to delete a section relating |
| 2610 | to the Cervical Cancer Elimination Task Force, which |
| 2611 | was dissolved after submitting its final report due on |
| 2612 | or before June 30, 2008. |
| 2613 | Section 76. Section 382.357, Florida Statutes, is |
| 2614 | repealed. |
| 2615 | Reviser's note.-Repealed to delete a section |
| 2616 | applicable to a study to determine the feasibility of |
| 2617 | electronically filing original and new or amended |
| 2618 | birth certificates, documentation of paternity |
| 2619 | determinations, and adoptions with the Department of |
| 2620 | Health and a report of the findings to be made by July |
| 2621 | 1, 2006. |
| 2622 | Section 77. Subsections (2) and (3) of section 394.875, |
| 2623 | Florida Statutes, are amended to read: |
| 2624 | 394.875 Crisis stabilization units, residential treatment |
| 2625 | facilities, and residential treatment centers for children and |
| 2626 | adolescents; authorized services; license required.- |
| 2627 | (2) The requirements of part II of chapter 408 apply to |
| 2628 | the provision of services that require licensure under ss. |
| 2629 | 394.455-394.903 394.455-394.904 and part II of chapter 408 and |
| 2630 | to entities licensed by or applying for such licensure from the |
| 2631 | Agency for Health Care Administration pursuant to ss. 394.455- |
| 2632 | 394.903 394.455-394.904. A license issued by the agency is |
| 2633 | required in order to operate a crisis stabilization unit, a |
| 2634 | residential treatment facility, or a residential treatment |
| 2635 | center for children and adolescents, or to act as a crisis |
| 2636 | stabilization unit, a residential treatment facility, or a |
| 2637 | residential treatment center for children and adolescents in |
| 2638 | this state. |
| 2639 | (3) The following are exempt from licensure as required in |
| 2640 | ss. 394.455-394.903 394.455-394.904: |
| 2641 | (a) Homes for special services licensed under chapter 400. |
| 2642 | (b) Nursing homes licensed under chapter 400. |
| 2643 | (c) Comprehensive transitional education programs licensed |
| 2644 | under s. 393.067. |
| 2645 | Reviser's note.-Amended to conform to the repeal of s. |
| 2646 | 394.904 by s. 10, ch. 2008-9, Laws of Florida. |
| 2647 | Section 78. Paragraph (d) of subsection (2) of section |
| 2648 | 394.9082, Florida Statutes, is amended to read: |
| 2649 | 394.9082 Behavioral health managing entities.- |
| 2650 | (2) DEFINITIONS.-As used in this section, the term: |
| 2651 | (d) "Managing entity" means a corporation that is |
| 2652 | organized in this state, is designated or filed as a nonprofit |
| 2653 | organization under s. 501(c)(3) of the Internal Revenue Code |
| 2654 | Service, and is under contract to the department to manage the |
| 2655 | day-to-day operational delivery of behavioral health services |
| 2656 | through an organized system of care. |
| 2657 | Reviser's note.-Amended to confirm an editorial |
| 2658 | substitution made to correct an apparent error and |
| 2659 | facilitate correct interpretation. |
| 2660 | Section 79. Paragraph (b) of subsection (1) of section |
| 2661 | 395.4036, Florida Statutes, is amended to read: |
| 2662 | 395.4036 Trauma payments.- |
| 2663 | (1) Recognizing the Legislature's stated intent to provide |
| 2664 | financial support to the current verified trauma centers and to |
| 2665 | provide incentives for the establishment of additional trauma |
| 2666 | centers as part of a system of state-sponsored trauma centers, |
| 2667 | the department shall utilize funds collected under s. 318.18 and |
| 2668 | deposited into the Administrative Trust Fund of the department |
| 2669 | to ensure the availability and accessibility of trauma services |
| 2670 | throughout the state as provided in this subsection. |
| 2671 | (b) Funds collected under s. 318.18(5)(c) and (20) (19) |
| 2672 | shall be distributed as follows: |
| 2673 | 1. Thirty percent of the total funds collected shall be |
| 2674 | distributed to Level II trauma centers operated by a public |
| 2675 | hospital governed by an elected board of directors as of |
| 2676 | December 31, 2008. |
| 2677 | 2. Thirty-five percent of the total funds collected shall |
| 2678 | be distributed to verified trauma centers based on trauma |
| 2679 | caseload volume for the most recent calendar year available. The |
| 2680 | determination of caseload volume for distribution of funds under |
| 2681 | this subparagraph shall be based on the department's Trauma |
| 2682 | Registry data. |
| 2683 | 3. Thirty-five percent of the total funds collected shall |
| 2684 | be distributed to verified trauma centers based on severity of |
| 2685 | trauma patients for the most recent calendar year available. The |
| 2686 | determination of severity for distribution of funds under this |
| 2687 | subparagraph shall be based on the department's International |
| 2688 | Classification Injury Severity Scores or another statistically |
| 2689 | valid and scientifically accepted method of stratifying a trauma |
| 2690 | patient's severity of injury, risk of mortality, and resource |
| 2691 | consumption as adopted by the department by rule, weighted based |
| 2692 | on the costs associated with and incurred by the trauma center |
| 2693 | in treating trauma patients. The weighting of scores shall be |
| 2694 | established by the department by rule. |
| 2695 | Reviser's note.-Amended to conform to the |
| 2696 | redesignation of s. 318.18(19), as created by s. 1, |
| 2697 | ch. 2009-138, Laws of Florida, as s. 318.18(20) to |
| 2698 | conform to the creation of a different subsection (19) |
| 2699 | by s. 3, ch. 2009-6, Laws of Florida. |
| 2700 | Section 80. Subsection (32) of section 397.311, Florida |
| 2701 | Statutes, is amended to read: |
| 2702 | 397.311 Definitions.-As used in this chapter, except part |
| 2703 | VIII, the term: |
| 2704 | (32) "Service component" or "component" means a discrete |
| 2705 | operational entity within a service provider which is subject to |
| 2706 | licensing as defined by rule. Service components include |
| 2707 | prevention, intervention, and clinical treatment described in |
| 2708 | subsection (18) (17). |
| 2709 | Reviser's note.-Amended to correct a cross-reference. |
| 2710 | The referenced service components are set out in |
| 2711 | detail in subsection (18). |
| 2712 | Section 81. Subsection (5) of section 397.334, Florida |
| 2713 | Statutes, is amended to read: |
| 2714 | 397.334 Treatment-based drug court programs.- |
| 2715 | (5) Treatment-based drug court programs may include |
| 2716 | pretrial intervention programs as provided in ss. 948.08, |
| 2717 | 948.16, and 985.345, treatment-based drug court programs |
| 2718 | authorized in chapter 39, postadjudicatory programs, and review |
| 2719 | of the status of compliance or noncompliance of sentenced |
| 2720 | offenders through a treatment-based drug court program. While |
| 2721 | enrolled in a treatment-based drug court program, the |
| 2722 | participant is subject to a coordinated strategy developed by a |
| 2723 | drug court team under subsection (4) (3). The coordinated |
| 2724 | strategy may include a protocol of sanctions that may be imposed |
| 2725 | upon the participant for noncompliance with program rules. The |
| 2726 | protocol of sanctions may include, but is not limited to, |
| 2727 | placement in a substance abuse treatment program offered by a |
| 2728 | licensed service provider as defined in s. 397.311 or in a jail- |
| 2729 | based treatment program or serving a period of secure detention |
| 2730 | under chapter 985 if a child or a period of incarceration within |
| 2731 | the time limits established for contempt of court if an adult. |
| 2732 | The coordinated strategy must be provided in writing to the |
| 2733 | participant before the participant agrees to enter into a |
| 2734 | treatment-based drug court program. |
| 2735 | Reviser's note.-Amended to conform to the |
| 2736 | redesignation of subsection (3) as subsection (4) by |
| 2737 | s. 1, ch. 2009-64, Laws of Florida. |
| 2738 | Section 82. Paragraph (u) of subsection (1) of section |
| 2739 | 400.141, Florida Statutes, is amended to read: |
| 2740 | 400.141 Administration and management of nursing home |
| 2741 | facilities.- |
| 2742 | (1) Every licensed facility shall comply with all |
| 2743 | applicable standards and rules of the agency and shall: |
| 2744 | (u) Before November 30 of each year, subject to the |
| 2745 | availability of an adequate supply of the necessary vaccine, |
| 2746 | provide for immunizations against influenza viruses to all its |
| 2747 | consenting residents in accordance with the recommendations of |
| 2748 | the United States Centers for Disease Control and Prevention, |
| 2749 | subject to exemptions for medical contraindications and |
| 2750 | religious or personal beliefs. Subject to these exemptions, any |
| 2751 | consenting person who becomes a resident of the facility after |
| 2752 | November 30 but before March 31 of the following year must be |
| 2753 | immunized within 5 working days after becoming a resident. |
| 2754 | Immunization shall not be provided to any resident who provides |
| 2755 | documentation that he or she has been immunized as required by |
| 2756 | this paragraph. This paragraph does not prohibit a resident from |
| 2757 | receiving the immunization from his or her personal physician if |
| 2758 | he or she so chooses. A resident who chooses to receive the |
| 2759 | immunization from his or her personal physician shall provide |
| 2760 | proof of immunization to the facility. The agency may adopt and |
| 2761 | enforce any rules necessary to comply with or implement this |
| 2762 | paragraph subsection. |
| 2763 | Reviser's note.-Amended to conform to the |
| 2764 | redesignation of subunits by s. 39, ch. 2009-223, Laws |
| 2765 | of Florida. |
| 2766 | Section 83. Section 400.195, Florida Statutes, is |
| 2767 | repealed. |
| 2768 | Reviser's note.-Repealed to delete language applicable |
| 2769 | to reports by the Agency for Health Care |
| 2770 | Administration with respect to nursing homes for a |
| 2771 | period ending June 30, 2005. |
| 2772 | Section 84. Subsection (6) of section 400.474, Florida |
| 2773 | Statutes, is amended to read: |
| 2774 | 400.474 Administrative penalties.- |
| 2775 | (6) The agency may deny, revoke, or suspend the license of |
| 2776 | a home health agency and shall impose a fine of $5,000 against a |
| 2777 | home health agency that: |
| 2778 | (a) Gives remuneration for staffing services to: |
| 2779 | 1. Another home health agency with which it has formal or |
| 2780 | informal patient-referral transactions or arrangements; or |
| 2781 | 2. A health services pool with which it has formal or |
| 2782 | informal patient-referral transactions or arrangements, |
| 2783 |
|
| 2784 | unless the home health agency has activated its comprehensive |
| 2785 | emergency management plan in accordance with s. 400.492. This |
| 2786 | paragraph does not apply to a Medicare-certified home health |
| 2787 | agency that provides fair market value remuneration for staffing |
| 2788 | services to a non-Medicare-certified home health agency that is |
| 2789 | part of a continuing care facility licensed under chapter 651 |
| 2790 | for providing services to its own residents if each resident |
| 2791 | receiving home health services pursuant to this arrangement |
| 2792 | attests in writing that he or she made a decision without |
| 2793 | influence from staff of the facility to select, from a list of |
| 2794 | Medicare-certified home health agencies provided by the |
| 2795 | facility, that Medicare-certified home health agency to provide |
| 2796 | the services. |
| 2797 | (b) Provides services to residents in an assisted living |
| 2798 | facility for which the home health agency does not receive fair |
| 2799 | market value remuneration. |
| 2800 | (c) Provides staffing to an assisted living facility for |
| 2801 | which the home health agency does not receive fair market value |
| 2802 | remuneration. |
| 2803 | (d) Fails to provide the agency, upon request, with copies |
| 2804 | of all contracts with assisted living facilities which were |
| 2805 | executed within 5 years before the request. |
| 2806 | (e) Gives remuneration to a case manager, discharge |
| 2807 | planner, facility-based staff member, or third-party vendor who |
| 2808 | is involved in the discharge planning process of a facility |
| 2809 | licensed under chapter 395, chapter 429, or this chapter from |
| 2810 | whom the home health agency receives referrals. |
| 2811 | (f) Fails to submit to the agency, within 15 days after |
| 2812 | the end of each calendar quarter, a written report that includes |
| 2813 | the following data based on data as it existed on the last day |
| 2814 | of the quarter: |
| 2815 | 1. The number of insulin-dependent diabetic patients |
| 2816 | receiving insulin-injection services from the home health |
| 2817 | agency; |
| 2818 | 2. The number of patients receiving both home health |
| 2819 | services from the home health agency and hospice services; |
| 2820 | 3. The number of patients receiving home health services |
| 2821 | from that home health agency; and |
| 2822 | 4. The names and license numbers of nurses whose primary |
| 2823 | job responsibility is to provide home health services to |
| 2824 | patients and who received remuneration from the home health |
| 2825 | agency in excess of $25,000 during the calendar quarter. |
| 2826 | (g) Gives cash, or its equivalent, to a Medicare or |
| 2827 | Medicaid beneficiary. |
| 2828 | (h) Has more than one medical director contract in effect |
| 2829 | at one time or more than one medical director contract and one |
| 2830 | contract with a physician-specialist whose services are mandated |
| 2831 | for the home health agency in order to qualify to participate in |
| 2832 | a federal or state health care program at one time. |
| 2833 | (i) Gives remuneration to a physician without a medical |
| 2834 | director contract being in effect. The contract must: |
| 2835 | 1. Be in writing and signed by both parties; |
| 2836 | 2. Provide for remuneration that is at fair market value |
| 2837 | for an hourly rate, which must be supported by invoices |
| 2838 | submitted by the medical director describing the work performed, |
| 2839 | the dates on which that work was performed, and the duration of |
| 2840 | that work; and |
| 2841 | 3. Be for a term of at least 1 year. |
| 2842 |
|
| 2843 | The hourly rate specified in the contract may not be increased |
| 2844 | during the term of the contract. The home health agency may not |
| 2845 | execute a subsequent contract with that physician which has an |
| 2846 | increased hourly rate and covers any portion of the term that |
| 2847 | was in the original contract. |
| 2848 | (j) Gives remuneration to: |
| 2849 | 1. A physician, and the home health agency is in violation |
| 2850 | of paragraph (h) or paragraph (i); |
| 2851 | 2. A member of the physician's office staff; or |
| 2852 | 3. An immediate family member of the physician, |
| 2853 |
|
| 2854 | if the home health agency has received a patient referral in the |
| 2855 | preceding 12 months from that physician or physician's office |
| 2856 | staff. |
| 2857 | (k) Fails to provide to the agency, upon request, copies |
| 2858 | of all contracts with a medical director which were executed |
| 2859 | within 5 years before the request. |
| 2860 | (l) Demonstrates a pattern of billing the Medicaid program |
| 2861 | for services to Medicaid recipients which are medically |
| 2862 | unnecessary as determined by a final order. A pattern may be |
| 2863 | demonstrated by a showing of at least two such medically |
| 2864 | unnecessary services within one Medicaid program integrity audit |
| 2865 | period. |
| 2866 |
|
| 2867 | Nothing in paragraph (e) or paragraph (j) shall be interpreted |
| 2868 | as applying to or precluding any discount, compensation, waiver |
| 2869 | of payment, or payment practice permitted by 42 U.S.C. s. 1320a- |
| 2870 | 7(b) 52 U.S.C. s. 1320a-7(b) or regulations adopted thereunder, |
| 2871 | including 42 C.F.R. s. 1001.952 or s. 1395nn or regulations |
| 2872 | adopted thereunder. |
| 2873 | Reviser's note.-Amended to confirm an editorial |
| 2874 | substitution; 42 U.S.C. s. 1320a-7(b) includes |
| 2875 | exemptions from application of criminal penalties |
| 2876 | relating to federal health care programs, and 52 |
| 2877 | U.S.C. s. 1320a-7(b) does not exist. |
| 2878 | Section 85. Paragraph (a) of subsection (11) of section |
| 2879 | 403.0872, Florida Statutes, is amended to read: |
| 2880 | 403.0872 Operation permits for major sources of air |
| 2881 | pollution; annual operation license fee.-Provided that program |
| 2882 | approval pursuant to 42 U.S.C. s. 7661a has been received from |
| 2883 | the United States Environmental Protection Agency, beginning |
| 2884 | January 2, 1995, each major source of air pollution, including |
| 2885 | electrical power plants certified under s. 403.511, must obtain |
| 2886 | from the department an operation permit for a major source of |
| 2887 | air pollution under this section. This operation permit is the |
| 2888 | only department operation permit for a major source of air |
| 2889 | pollution required for such source; provided, at the applicant's |
| 2890 | request, the department shall issue a separate acid rain permit |
| 2891 | for a major source of air pollution that is an affected source |
| 2892 | within the meaning of 42 U.S.C. s. 7651a(1). Operation permits |
| 2893 | for major sources of air pollution, except general permits |
| 2894 | issued pursuant to s. 403.814, must be issued in accordance with |
| 2895 | the procedures contained in this section and in accordance with |
| 2896 | chapter 120; however, to the extent that chapter 120 is |
| 2897 | inconsistent with the provisions of this section, the procedures |
| 2898 | contained in this section prevail. |
| 2899 | (11) Each major source of air pollution permitted to |
| 2900 | operate in this state must pay between January 15 and March 1 of |
| 2901 | each year, upon written notice from the department, an annual |
| 2902 | operation license fee in an amount determined by department |
| 2903 | rule. The annual operation license fee shall be terminated |
| 2904 | immediately in the event the United States Environmental |
| 2905 | Protection Agency imposes annual fees solely to implement and |
| 2906 | administer the major source air-operation permit program in |
| 2907 | Florida under 40 C.F.R. s. 70.10(d). |
| 2908 | (a) The annual fee must be assessed based upon the |
| 2909 | source's previous year's emissions and must be calculated by |
| 2910 | multiplying the applicable annual operation license fee factor |
| 2911 | times the tons of each regulated air pollutant (except carbon |
| 2912 | monoxide) allowed to be emitted per hour by specific condition |
| 2913 | of the source's most recent construction or operation permit, |
| 2914 | times the annual hours of operation allowed by permit condition; |
| 2915 | provided, however, that: |
| 2916 | 1. The license fee factor is $25 or another amount |
| 2917 | determined by department rule which ensures that the revenue |
| 2918 | provided by each year's operation license fees is sufficient to |
| 2919 | cover all reasonable direct and indirect costs of the major |
| 2920 | stationary source air-operation permit program established by |
| 2921 | this section. The license fee factor may be increased beyond $25 |
| 2922 | only if the secretary of the department affirmatively finds that |
| 2923 | a shortage of revenue for support of the major stationary source |
| 2924 | air-operation permit program will occur in the absence of a fee |
| 2925 | factor adjustment. The annual license fee factor may never |
| 2926 | exceed $35. |
| 2927 | 2. For any source that operates for fewer hours during the |
| 2928 | calendar year than allowed under its permit, the annual fee |
| 2929 | calculation must be based upon actual hours of operation rather |
| 2930 | than allowable hours if the owner or operator of the source |
| 2931 | documents the source's actual hours of operation for the |
| 2932 | calendar year. For any source that has an emissions limit that |
| 2933 | is dependent upon the type of fuel burned, the annual fee |
| 2934 | calculation must be based on the emissions limit applicable |
| 2935 | during actual hours of operation. |
| 2936 | 3. For any source whose allowable emission limitation is |
| 2937 | specified by permit per units of material input or heat input or |
| 2938 | product output, the applicable input or production amount may be |
| 2939 | used to calculate the allowable emissions if the owner or |
| 2940 | operator of the source documents the actual input or production |
| 2941 | amount. If the input or production amount is not documented, the |
| 2942 | maximum allowable input or production amount specified in the |
| 2943 | permit must be used to calculate the allowable emissions. |
| 2944 | 4. For any new source that does not receive its first |
| 2945 | operation permit until after the beginning of a calendar year, |
| 2946 | the annual fee for the year must be reduced pro rata to reflect |
| 2947 | the period during which the source was not allowed to operate. |
| 2948 | 5. For any source that emits less of any regulated air |
| 2949 | pollutant than allowed by permit condition, the annual fee |
| 2950 | calculation for such pollutant must be based upon actual |
| 2951 | emissions rather than allowable emissions if the owner or |
| 2952 | operator documents the source's actual emissions by means of |
| 2953 | data from a department-approved certified continuous emissions |
| 2954 | monitor or from an emissions monitoring method which has been |
| 2955 | approved by the United States Environmental Protection Agency |
| 2956 | under the regulations implementing 42 U.S.C. ss. 7651 et seq., |
| 2957 | or from a method approved by the department for purposes of this |
| 2958 | section. |
| 2959 | 6. The amount of each regulated air pollutant in excess of |
| 2960 | 4,000 tons per year allowed to be emitted by any source, or |
| 2961 | group of sources belonging to the same Major Group as described |
| 2962 | in the Standard Industrial Classification Manual, 1987, may not |
| 2963 | be included in the calculation of the fee. Any source, or group |
| 2964 | of sources, which does not emit any regulated air pollutant in |
| 2965 | excess of 4,000 tons per year, is allowed a one-time credit not |
| 2966 | to exceed 25 percent of the first annual licensing fee for the |
| 2967 | prorated portion of existing air-operation permit application |
| 2968 | fees remaining upon commencement of the annual licensing fees. |
| 2969 | 7. If the department has not received the fee by February |
| 2970 | 15 of the calendar year, the permittee must be sent a written |
| 2971 | warning of the consequences for failing to pay the fee by March |
| 2972 | 1. If the fee is not postmarked by March 1 of the calendar year, |
| 2973 | the department shall impose, in addition to the fee, a penalty |
| 2974 | of 50 percent of the amount of the fee, plus interest on such |
| 2975 | amount computed in accordance with s. 220.807. The department |
| 2976 | may not impose such penalty or interest on any amount underpaid, |
| 2977 | provided that the permittee has timely remitted payment of at |
| 2978 | least 90 percent of the amount determined to be due and remits |
| 2979 | full payment within 60 days after receipt of notice of the |
| 2980 | amount underpaid. The department may waive the collection of |
| 2981 | underpayment and shall not be required to refund overpayment of |
| 2982 | the fee, if the amount due is less than 1 percent of the fee, up |
| 2983 | to $50. The department may revoke any major air pollution source |
| 2984 | operation permit if it finds that the permitholder has failed to |
| 2985 | timely pay any required annual operation license fee, penalty, |
| 2986 | or interest. |
| 2987 | 8. Notwithstanding the computational provisions of this |
| 2988 | subsection, the annual operation license fee for any source |
| 2989 | subject to this section shall not be less than $250, except that |
| 2990 | the annual operation license fee for sources permitted solely |
| 2991 | through general permits issued under s. 403.814 shall not exceed |
| 2992 | $50 per year. |
| 2993 | 9. Notwithstanding the provisions of s. 403.087(6)(a)5.a. |
| 2994 | 403.087(6)(a)4.a., authorizing air pollution construction permit |
| 2995 | fees, the department may not require such fees for changes or |
| 2996 | additions to a major source of air pollution permitted pursuant |
| 2997 | to this section, unless the activity triggers permitting |
| 2998 | requirements under Title I, Part C or Part D, of the federal |
| 2999 | Clean Air Act, 42 U.S.C. ss. 7470-7514a. Costs to issue and |
| 3000 | administer such permits shall be considered direct and indirect |
| 3001 | costs of the major stationary source air-operation permit |
| 3002 | program under s. 403.0873. The department shall, however, |
| 3003 | require fees pursuant to the provisions of s. 403.087(6)(a)5.a. |
| 3004 | 403.087(6)(a)4.a. for the construction of a new major source of |
| 3005 | air pollution that will be subject to the permitting |
| 3006 | requirements of this section once constructed and for activities |
| 3007 | triggering permitting requirements under Title I, Part C or Part |
| 3008 | D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a. |
| 3009 | Reviser's note.-Amended to conform to the |
| 3010 | redesignation of s. 403.087(6)(a)4.a. as s. |
| 3011 | 403.087(6)(a)5.a. by s. 19, ch. 2008-150, Laws of |
| 3012 | Florida. |
| 3013 | Section 86. Subsection (8) of section 403.93345, Florida |
| 3014 | Statutes, is amended to read: |
| 3015 | 403.93345 Coral reef protection.- |
| 3016 | (8) In addition to the compensation described in |
| 3017 | subsection (5), the department may assess, per occurrence, civil |
| 3018 | penalties according to the following schedule: |
| 3019 | (a) For any anchoring of a vessel on a coral reef or for |
| 3020 | any other damage to a coral reef totaling less than or equal to |
| 3021 | an area of 1 square meter, $150, provided that a responsible |
| 3022 | party who has anchored a recreational vessel as defined in s. |
| 3023 | 327.02 which is lawfully registered or exempt from registration |
| 3024 | pursuant to chapter 328 is issued, at least once, a warning |
| 3025 | letter in lieu of penalty; with aggravating circumstances, an |
| 3026 | additional $150; occurring within a state park or aquatic |
| 3027 | preserve, an additional $150. |
| 3028 | (b) For damage totaling more than an area of 1 square |
| 3029 | meter but less than or equal to an area of 10 square meters, |
| 3030 | $300 per square meter; with aggravating circumstances, an |
| 3031 | additional $300 per square meter; occurring within a state park |
| 3032 | or aquatic preserve, an additional $300 per square meter. |
| 3033 | (c) For damage exceeding an area of 10 square meters, |
| 3034 | $1,000 per square meter; with aggravating circumstances, an |
| 3035 | additional $1,000 per square meter; occurring within a state |
| 3036 | park or aquatic preserve, an additional $1,000 per square meter. |
| 3037 | (d) For a second violation, the total penalty may be |
| 3038 | doubled. |
| 3039 | (e) For a third violation, the total penalty may be |
| 3040 | tripled. |
| 3041 | (f) For any violation after a third violation, the total |
| 3042 | penalty may be quadrupled. |
| 3043 | (g) The total of penalties levied may not exceed $250,000 |
| 3044 | per occurrence. |
| 3045 | Reviser's note.-Amended to confirm an editorial |
| 3046 | insertion made to improve clarity. |
| 3047 | Section 87. Section 403.9336, Florida Statutes, is amended |
| 3048 | to read: |
| 3049 | 403.9336 Legislative findings.-The Legislature finds that |
| 3050 | the implementation of the Model Ordinance for Florida-Friendly |
| 3051 | Fertilizer Use on Urban Landscapes (2008), which was developed |
| 3052 | by the department in conjunction with the Florida Consumer |
| 3053 | Fertilizer Task Force, the Department of Agriculture and |
| 3054 | Consumer Services, and the University of Florida Institute of |
| 3055 | Food and Agricultural Sciences, will assist in protecting the |
| 3056 | quality of Florida's surface water and groundwater resources. |
| 3057 | The Legislature further finds that local conditions, including |
| 3058 | variations in the types and quality of water bodies, site- |
| 3059 | specific soils and geology, and urban or rural densities and |
| 3060 | characteristics, may necessitate the implementation of |
| 3061 | additional or more stringent fertilizer management practices at |
| 3062 | the local government level. |
| 3063 | Reviser's note.-Amended to conform to the name of the |
| 3064 | task force as created in s. 576.092; the task force |
| 3065 | has been abolished, and s. 576.092 is repealed by this |
| 3066 | act. |
| 3067 | Section 88. Subsections (6) and (7) of section 408.0361, |
| 3068 | Florida Statutes, are repealed. |
| 3069 | Reviser's note.-Subsection (6) is repealed to delete |
| 3070 | language establishing an advisory group to study the |
| 3071 | issue of replacing certificate-of-need review of organ |
| 3072 | transplant programs with licensure regulation of organ |
| 3073 | transplant programs and to submit a report by July 1, |
| 3074 | 2005. Subsection (7) is repealed to delete language |
| 3075 | establishing a workgroup to study certificate-of-need |
| 3076 | regulations and changing market conditions related to |
| 3077 | the supply and distribution of hospital beds and to |
| 3078 | submit a report by July 1, 2005. |
| 3079 | Section 89. Paragraph (k) of subsection (3) of section |
| 3080 | 408.05, Florida Statutes, is amended to read: |
| 3081 | 408.05 Florida Center for Health Information and Policy |
| 3082 | Analysis.- |
| 3083 | (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.-In order to |
| 3084 | produce comparable and uniform health information and statistics |
| 3085 | for the development of policy recommendations, the agency shall |
| 3086 | perform the following functions: |
| 3087 | (k) Develop, in conjunction with the State Consumer Health |
| 3088 | Information and Policy Advisory Council, and implement a long- |
| 3089 | range plan for making available health care quality measures and |
| 3090 | financial data that will allow consumers to compare health care |
| 3091 | services. The health care quality measures and financial data |
| 3092 | the agency must make available shall include, but is not limited |
| 3093 | to, pharmaceuticals, physicians, health care facilities, and |
| 3094 | health plans and managed care entities. The agency shall submit |
| 3095 | the initial plan to the Governor, the President of the Senate, |
| 3096 | and the Speaker of the House of Representatives by January 1, |
| 3097 | 2006, and shall update the plan and report on the status of its |
| 3098 | implementation annually thereafter. The agency shall also make |
| 3099 | the plan and status report available to the public on its |
| 3100 | Internet website. As part of the plan, the agency shall identify |
| 3101 | the process and timeframes for implementation, any barriers to |
| 3102 | implementation, and recommendations of changes in the law that |
| 3103 | may be enacted by the Legislature to eliminate the barriers. As |
| 3104 | preliminary elements of the plan, the agency shall: |
| 3105 | 1. Make available patient-safety indicators, inpatient |
| 3106 | quality indicators, and performance outcome and patient charge |
| 3107 | data collected from health care facilities pursuant to s. |
| 3108 | 408.061(1)(a) and (2). The terms "patient-safety indicators" and |
| 3109 | "inpatient quality indicators" shall be as defined by the |
| 3110 | Centers for Medicare and Medicaid Services, the National Quality |
| 3111 | Forum, the Joint Commission on Accreditation of Healthcare |
| 3112 | Organizations, the Agency for Healthcare Research and Quality, |
| 3113 | the Centers for Disease Control and Prevention, or a similar |
| 3114 | national entity that establishes standards to measure the |
| 3115 | performance of health care providers, or by other states. The |
| 3116 | agency shall determine which conditions, procedures, health care |
| 3117 | quality measures, and patient charge data to disclose based upon |
| 3118 | input from the council. When determining which conditions and |
| 3119 | procedures are to be disclosed, the council and the agency shall |
| 3120 | consider variation in costs, variation in outcomes, and |
| 3121 | magnitude of variations and other relevant information. When |
| 3122 | determining which health care quality measures to disclose, the |
| 3123 | agency: |
| 3124 | a. Shall consider such factors as volume of cases; average |
| 3125 | patient charges; average length of stay; complication rates; |
| 3126 | mortality rates; and infection rates, among others, which shall |
| 3127 | be adjusted for case mix and severity, if applicable. |
| 3128 | b. May consider such additional measures that are adopted |
| 3129 | by the Centers for Medicare and Medicaid Studies, National |
| 3130 | Quality Forum, the Joint Commission on Accreditation of |
| 3131 | Healthcare Organizations, the Agency for Healthcare Research and |
| 3132 | Quality, Centers for Disease Control and Prevention, or a |
| 3133 | similar national entity that establishes standards to measure |
| 3134 | the performance of health care providers, or by other states. |
| 3135 |
|
| 3136 | When determining which patient charge data to disclose, the |
| 3137 | agency shall include such measures as the average of |
| 3138 | undiscounted charges on frequently performed procedures and |
| 3139 | preventive diagnostic procedures, the range of procedure charges |
| 3140 | from highest to lowest, average net revenue per adjusted patient |
| 3141 | day, average cost per adjusted patient day, and average cost per |
| 3142 | admission, among others. |
| 3143 | 2. Make available performance measures, benefit design, |
| 3144 | and premium cost data from health plans licensed pursuant to |
| 3145 | chapter 627 or chapter 641. The agency shall determine which |
| 3146 | health care quality measures and member and subscriber cost data |
| 3147 | to disclose, based upon input from the council. When determining |
| 3148 | which data to disclose, the agency shall consider information |
| 3149 | that may be required by either individual or group purchasers to |
| 3150 | assess the value of the product, which may include membership |
| 3151 | satisfaction, quality of care, current enrollment or membership, |
| 3152 | coverage areas, accreditation status, premium costs, plan costs, |
| 3153 | premium increases, range of benefits, copayments and |
| 3154 | deductibles, accuracy and speed of claims payment, credentials |
| 3155 | of physicians, number of providers, names of network providers, |
| 3156 | and hospitals in the network. Health plans shall make available |
| 3157 | to the agency any such data or information that is not currently |
| 3158 | reported to the agency or the office. |
| 3159 | 3. Determine the method and format for public disclosure |
| 3160 | of data reported pursuant to this paragraph. The agency shall |
| 3161 | make its determination based upon input from the State Consumer |
| 3162 | Health Information and Policy Advisory Council. At a minimum, |
| 3163 | the data shall be made available on the agency's Internet |
| 3164 | website in a manner that allows consumers to conduct an |
| 3165 | interactive search that allows them to view and compare the |
| 3166 | information for specific providers. The website must include |
| 3167 | such additional information as is determined necessary to ensure |
| 3168 | that the website enhances informed decisionmaking among |
| 3169 | consumers and health care purchasers, which shall include, at a |
| 3170 | minimum, appropriate guidance on how to use the data and an |
| 3171 | explanation of why the data may vary from provider to provider. |
| 3172 | The data specified in subparagraph 1. shall be released no later |
| 3173 | than January 1, 2006, for the reporting of infection rates, and |
| 3174 | no later than October 1, 2005, for mortality rates and |
| 3175 | complication rates. The data specified in subparagraph 2. shall |
| 3176 | be released no later than October 1, 2006. |
| 3177 | 4. Publish on its website undiscounted charges for no |
| 3178 | fewer than 150 of the most commonly performed adult and |
| 3179 | pediatric procedures, including outpatient, inpatient, |
| 3180 | diagnostic, and preventative procedures. |
| 3181 | Reviser's note.-Amended to delete provisions that have |
| 3182 | served their purpose. |
| 3183 | Section 90. Subsection (25) of section 408.820, Florida |
| 3184 | Statutes, is amended to read: |
| 3185 | 408.820 Exemptions.-Except as prescribed in authorizing |
| 3186 | statutes, the following exemptions shall apply to specified |
| 3187 | requirements of this part: |
| 3188 | (25) Health care clinics, as provided under part X of |
| 3189 | chapter 400, are exempt from s. 408.810(6), (7), and (10). |
| 3190 | Reviser's note.-Amended to confirm an editorial |
| 3191 | insertion made to improve clarity. |
| 3192 | Section 91. Subsection (3) of section 409.816, Florida |
| 3193 | Statutes, is amended to read: |
| 3194 | 409.816 Limitations on premiums and cost-sharing.-The |
| 3195 | following limitations on premiums and cost-sharing are |
| 3196 | established for the program. |
| 3197 | (3) Enrollees in families with a family income above 150 |
| 3198 | percent of the federal poverty level who are not receiving |
| 3199 | coverage under the Medicaid program or who are not eligible |
| 3200 | under s. 409.814(6) 409.814(7) may be required to pay enrollment |
| 3201 | fees, premiums, copayments, deductibles, coinsurance, or similar |
| 3202 | charges on a sliding scale related to income, except that the |
| 3203 | total annual aggregate cost-sharing with respect to all children |
| 3204 | in a family may not exceed 5 percent of the family's income. |
| 3205 | However, copayments, deductibles, coinsurance, or similar |
| 3206 | charges may not be imposed for preventive services, including |
| 3207 | well-baby and well-child care, age-appropriate immunizations, |
| 3208 | and routine hearing and vision screenings. |
| 3209 | Reviser's note.-Amended to correct an apparent error |
| 3210 | and conform to context. The reference was to s. |
| 3211 | 409.814(5) prior to amendment of s. 409.816(3) by s. |
| 3212 | 9, ch. 2009-113, Laws of Florida; s. 7, ch. 2009-113, |
| 3213 | redesignated s. 409.814(5) as s. 409.814(6). |
| 3214 | Section 92. Subsection (5) of section 409.905, Florida |
| 3215 | Statutes, is reenacted to read: |
| 3216 | 409.905 Mandatory Medicaid services.-The agency may make |
| 3217 | payments for the following services, which are required of the |
| 3218 | state by Title XIX of the Social Security Act, furnished by |
| 3219 | Medicaid providers to recipients who are determined to be |
| 3220 | eligible on the dates on which the services were provided. Any |
| 3221 | service under this section shall be provided only when medically |
| 3222 | necessary and in accordance with state and federal law. |
| 3223 | Mandatory services rendered by providers in mobile units to |
| 3224 | Medicaid recipients may be restricted by the agency. Nothing in |
| 3225 | this section shall be construed to prevent or limit the agency |
| 3226 | from adjusting fees, reimbursement rates, lengths of stay, |
| 3227 | number of visits, number of services, or any other adjustments |
| 3228 | necessary to comply with the availability of moneys and any |
| 3229 | limitations or directions provided for in the General |
| 3230 | Appropriations Act or chapter 216. |
| 3231 | (5) HOSPITAL INPATIENT SERVICES.-The agency shall pay for |
| 3232 | all covered services provided for the medical care and treatment |
| 3233 | of a recipient who is admitted as an inpatient by a licensed |
| 3234 | physician or dentist to a hospital licensed under part I of |
| 3235 | chapter 395. However, the agency shall limit the payment for |
| 3236 | inpatient hospital services for a Medicaid recipient 21 years of |
| 3237 | age or older to 45 days or the number of days necessary to |
| 3238 | comply with the General Appropriations Act. |
| 3239 | (a) The agency is authorized to implement reimbursement |
| 3240 | and utilization management reforms in order to comply with any |
| 3241 | limitations or directions in the General Appropriations Act, |
| 3242 | which may include, but are not limited to: prior authorization |
| 3243 | for inpatient psychiatric days; prior authorization for |
| 3244 | nonemergency hospital inpatient admissions for individuals 21 |
| 3245 | years of age and older; authorization of emergency and urgent- |
| 3246 | care admissions within 24 hours after admission; enhanced |
| 3247 | utilization and concurrent review programs for highly utilized |
| 3248 | services; reduction or elimination of covered days of service; |
| 3249 | adjusting reimbursement ceilings for variable costs; adjusting |
| 3250 | reimbursement ceilings for fixed and property costs; and |
| 3251 | implementing target rates of increase. The agency may limit |
| 3252 | prior authorization for hospital inpatient services to selected |
| 3253 | diagnosis-related groups, based on an analysis of the cost and |
| 3254 | potential for unnecessary hospitalizations represented by |
| 3255 | certain diagnoses. Admissions for normal delivery and newborns |
| 3256 | are exempt from requirements for prior authorization. In |
| 3257 | implementing the provisions of this section related to prior |
| 3258 | authorization, the agency shall ensure that the process for |
| 3259 | authorization is accessible 24 hours per day, 7 days per week |
| 3260 | and authorization is automatically granted when not denied |
| 3261 | within 4 hours after the request. Authorization procedures must |
| 3262 | include steps for review of denials. Upon implementing the prior |
| 3263 | authorization program for hospital inpatient services, the |
| 3264 | agency shall discontinue its hospital retrospective review |
| 3265 | program. |
| 3266 | (b) A licensed hospital maintained primarily for the care |
| 3267 | and treatment of patients having mental disorders or mental |
| 3268 | diseases is not eligible to participate in the hospital |
| 3269 | inpatient portion of the Medicaid program except as provided in |
| 3270 | federal law. However, the department shall apply for a waiver, |
| 3271 | within 9 months after June 5, 1991, designed to provide |
| 3272 | hospitalization services for mental health reasons to children |
| 3273 | and adults in the most cost-effective and lowest cost setting |
| 3274 | possible. Such waiver shall include a request for the |
| 3275 | opportunity to pay for care in hospitals known under federal law |
| 3276 | as "institutions for mental disease" or "IMD's." The waiver |
| 3277 | proposal shall propose no additional aggregate cost to the state |
| 3278 | or Federal Government, and shall be conducted in Hillsborough |
| 3279 | County, Highlands County, Hardee County, Manatee County, and |
| 3280 | Polk County. The waiver proposal may incorporate competitive |
| 3281 | bidding for hospital services, comprehensive brokering, prepaid |
| 3282 | capitated arrangements, or other mechanisms deemed by the |
| 3283 | department to show promise in reducing the cost of acute care |
| 3284 | and increasing the effectiveness of preventive care. When |
| 3285 | developing the waiver proposal, the department shall take into |
| 3286 | account price, quality, accessibility, linkages of the hospital |
| 3287 | to community services and family support programs, plans of the |
| 3288 | hospital to ensure the earliest discharge possible, and the |
| 3289 | comprehensiveness of the mental health and other health care |
| 3290 | services offered by participating providers. |
| 3291 | (c) The agency shall adjust a hospital's current inpatient |
| 3292 | per diem rate to reflect the cost of serving the Medicaid |
| 3293 | population at that institution if: |
| 3294 | 1. The hospital experiences an increase in Medicaid |
| 3295 | caseload by more than 25 percent in any year, primarily |
| 3296 | resulting from the closure of a hospital in the same service |
| 3297 | area occurring after July 1, 1995; |
| 3298 | 2. The hospital's Medicaid per diem rate is at least 25 |
| 3299 | percent below the Medicaid per patient cost for that year; or |
| 3300 | 3. The hospital is located in a county that has six or |
| 3301 | fewer general acute care hospitals, began offering obstetrical |
| 3302 | services on or after September 1999, and has submitted a request |
| 3303 | in writing to the agency for a rate adjustment after July 1, |
| 3304 | 2000, but before September 30, 2000, in which case such |
| 3305 | hospital's Medicaid inpatient per diem rate shall be adjusted to |
| 3306 | cost, effective July 1, 2002. |
| 3307 |
|
| 3308 | By October 1 of each year, the agency must provide estimated |
| 3309 | costs for any adjustment in a hospital inpatient per diem rate |
| 3310 | to the Executive Office of the Governor, the House of |
| 3311 | Representatives General Appropriations Committee, and the Senate |
| 3312 | Appropriations Committee. Before the agency implements a change |
| 3313 | in a hospital's inpatient per diem rate pursuant to this |
| 3314 | paragraph, the Legislature must have specifically appropriated |
| 3315 | sufficient funds in the General Appropriations Act to support |
| 3316 | the increase in cost as estimated by the agency. |
| 3317 | (d) The agency shall implement a hospitalist program in |
| 3318 | nonteaching hospitals, select counties, or statewide. The |
| 3319 | program shall require hospitalists to manage Medicaid |
| 3320 | recipients' hospital admissions and lengths of stay. Individuals |
| 3321 | who are dually eligible for Medicare and Medicaid are exempted |
| 3322 | from this requirement. Medicaid participating physicians and |
| 3323 | other practitioners with hospital admitting privileges shall |
| 3324 | coordinate and review admissions of Medicaid recipients with the |
| 3325 | hospitalist. The agency may competitively bid a contract for |
| 3326 | selection of a single qualified organization to provide |
| 3327 | hospitalist services. The agency may procure hospitalist |
| 3328 | services by individual county or may combine counties in a |
| 3329 | single procurement. The qualified organization shall contract |
| 3330 | with or employ board-eligible physicians in Miami-Dade, Palm |
| 3331 | Beach, Hillsborough, Pasco, and Pinellas Counties. The agency is |
| 3332 | authorized to seek federal waivers to implement this program. |
| 3333 | (e) The agency shall implement a comprehensive utilization |
| 3334 | management program for hospital neonatal intensive care stays in |
| 3335 | certain high-volume participating hospitals, select counties, or |
| 3336 | statewide, and shall replace existing hospital inpatient |
| 3337 | utilization management programs for neonatal intensive care |
| 3338 | admissions. The program shall be designed to manage the lengths |
| 3339 | of stay for children being treated in neonatal intensive care |
| 3340 | units and must seek the earliest medically appropriate discharge |
| 3341 | to the child's home or other less costly treatment setting. The |
| 3342 | agency may competitively bid a contract for selection of a |
| 3343 | qualified organization to provide neonatal intensive care |
| 3344 | utilization management services. The agency is authorized to |
| 3345 | seek any federal waivers to implement this initiative. |
| 3346 | Reviser's note.-Section 5, ch. 2009-55, Laws of |
| 3347 | Florida, amended subsection (5) of s. 409.905 without |
| 3348 | publishing existing paragraphs (a), (b), (d), and (e). |
| 3349 | Absent affirmative evidence of legislative intent to |
| 3350 | repeal existing paragraphs (5)(a), (b), (d), and (e), |
| 3351 | subsection (5) is reenacted to confirm that the |
| 3352 | omission was not intended. |
| 3353 | Section 93. Paragraph (b) of subsection (12) of section |
| 3354 | 409.908, Florida Statutes, is amended to read: |
| 3355 | 409.908 Reimbursement of Medicaid providers.-Subject to |
| 3356 | specific appropriations, the agency shall reimburse Medicaid |
| 3357 | providers, in accordance with state and federal law, according |
| 3358 | to methodologies set forth in the rules of the agency and in |
| 3359 | policy manuals and handbooks incorporated by reference therein. |
| 3360 | These methodologies may include fee schedules, reimbursement |
| 3361 | methods based on cost reporting, negotiated fees, competitive |
| 3362 | bidding pursuant to s. 287.057, and other mechanisms the agency |
| 3363 | considers efficient and effective for purchasing services or |
| 3364 | goods on behalf of recipients. If a provider is reimbursed based |
| 3365 | on cost reporting and submits a cost report late and that cost |
| 3366 | report would have been used to set a lower reimbursement rate |
| 3367 | for a rate semester, then the provider's rate for that semester |
| 3368 | shall be retroactively calculated using the new cost report, and |
| 3369 | full payment at the recalculated rate shall be effected |
| 3370 | retroactively. Medicare-granted extensions for filing cost |
| 3371 | reports, if applicable, shall also apply to Medicaid cost |
| 3372 | reports. Payment for Medicaid compensable services made on |
| 3373 | behalf of Medicaid eligible persons is subject to the |
| 3374 | availability of moneys and any limitations or directions |
| 3375 | provided for in the General Appropriations Act or chapter 216. |
| 3376 | Further, nothing in this section shall be construed to prevent |
| 3377 | or limit the agency from adjusting fees, reimbursement rates, |
| 3378 | lengths of stay, number of visits, or number of services, or |
| 3379 | making any other adjustments necessary to comply with the |
| 3380 | availability of moneys and any limitations or directions |
| 3381 | provided for in the General Appropriations Act, provided the |
| 3382 | adjustment is consistent with legislative intent. |
| 3383 | (12) |
| 3384 | (b) The agency shall adopt a fee schedule, subject to any |
| 3385 | limitations or directions provided for in the General |
| 3386 | Appropriations Act, based on a resource-based relative value |
| 3387 | scale for pricing Medicaid physician services. Under this fee |
| 3388 | schedule, physicians shall be paid a dollar amount for each |
| 3389 | service based on the average resources required to provide the |
| 3390 | service, including, but not limited to, estimates of average |
| 3391 | physician time and effort, practice expense, and the costs of |
| 3392 | professional liability insurance. The fee schedule shall provide |
| 3393 | increased reimbursement for preventive and primary care services |
| 3394 | and lowered reimbursement for specialty services by using at |
| 3395 | least two conversion factors, one for cognitive services and |
| 3396 | another for procedural services. The fee schedule shall not |
| 3397 | increase total Medicaid physician expenditures unless moneys are |
| 3398 | available, and shall be phased in over a 2-year period beginning |
| 3399 | on July 1, 1994. The Agency for Health Care Administration shall |
| 3400 | seek the advice of a 16-member advisory panel in formulating and |
| 3401 | adopting the fee schedule. The panel shall consist of Medicaid |
| 3402 | physicians licensed under chapters 458 and 459 and shall be |
| 3403 | composed of 50 percent primary care physicians and 50 percent |
| 3404 | specialty care physicians. |
| 3405 | Reviser's note.-Amended to delete obsolete language. |
| 3406 | Section 94. Subsection (5) of section 409.911, Florida |
| 3407 | Statutes, is amended to read: |
| 3408 | 409.911 Disproportionate share program.-Subject to |
| 3409 | specific allocations established within the General |
| 3410 | Appropriations Act and any limitations established pursuant to |
| 3411 | chapter 216, the agency shall distribute, pursuant to this |
| 3412 | section, moneys to hospitals providing a disproportionate share |
| 3413 | of Medicaid or charity care services by making quarterly |
| 3414 | Medicaid payments as required. Notwithstanding the provisions of |
| 3415 | s. 409.915, counties are exempt from contributing toward the |
| 3416 | cost of this special reimbursement for hospitals serving a |
| 3417 | disproportionate share of low-income patients. |
| 3418 | (5) The following formula shall be used to pay |
| 3419 | disproportionate share dollars to provider service network (PSN) |
| 3420 | hospitals: |
| 3421 | DSHP = TAAPSNH x (IHPSND x THPSND) |
| 3422 |
|
| 3423 | Where: |
| 3424 | DSHP = Disproportionate share hospital payments. |
| 3425 | TAAPSNH = Total amount available for PSN hospitals. |
| 3426 | IHPSND = Individual hospital PSN days. |
| 3427 | THPSND = Total of all hospital PSN days. |
| 3428 |
|
| 3429 | For purposes of this subsection paragraph, the PSN inpatient |
| 3430 | days shall be provided in the General Appropriations Act. |
| 3431 | Reviser's note.-Amended to confirm an editorial |
| 3432 | substitution; subsection (5) is not divided into |
| 3433 | paragraphs. |
| 3434 | Section 95. Paragraph (f) of subsection (5) and paragraph |
| 3435 | (g) of subsection (15) of section 409.912, Florida Statutes, are |
| 3436 | repealed. |
| 3437 | Reviser's note.-Paragraph (5)(f) is repealed to delete |
| 3438 | language requiring a report due by December 31, 2007, |
| 3439 | analyzing the merits and challenges of seeking a |
| 3440 | waiver to implement a voluntary program that |
| 3441 | integrates payments and services for dually enrolled |
| 3442 | Medicare and Medicaid recipients who are 65 years of |
| 3443 | age or older. Paragraph (15)(g) is repealed to delete |
| 3444 | language requiring a report due by July 1, 2005, |
| 3445 | regarding the impact to the state of modifying level- |
| 3446 | of-care criteria to eliminate the Intermediate II |
| 3447 | level of care. |
| 3448 | Section 96. Subsection (14) of section 409.91211, Florida |
| 3449 | Statutes, is amended to read: |
| 3450 | 409.91211 Medicaid managed care pilot program.- |
| 3451 | (14) It is the intent of the Legislature that if any |
| 3452 | conflict exists between the provisions contained in this section |
| 3453 | and other provisions of this chapter which relate to the |
| 3454 | implementation of the Medicaid managed care pilot program, the |
| 3455 | provisions contained in this section shall control. The agency |
| 3456 | shall provide a written report to the Legislature by April 1, |
| 3457 | 2006, identifying any provisions of this chapter which conflict |
| 3458 | with the implementation of the Medicaid managed care pilot |
| 3459 | program created in this section. After April 1, 2006, The agency |
| 3460 | shall provide a written report to the Legislature immediately |
| 3461 | upon identifying any provisions of this chapter which conflict |
| 3462 | with the implementation of the Medicaid managed care pilot |
| 3463 | program created in this section. |
| 3464 | Reviser's note.-Amended to delete provisions that have |
| 3465 | served their purpose. |
| 3466 | Section 97. Subsection (2) of section 420.628, Florida |
| 3467 | Statutes, is amended to read: |
| 3468 | 420.628 Affordable housing for children and young adults |
| 3469 | leaving foster care; legislative findings and intent.- |
| 3470 | (2) Young adults who leave the child welfare system meet |
| 3471 | the definition of eligible persons under ss. 420.503(17) and |
| 3472 | 420.9071(10) ss.420.503(7) and 420.907(10) for affordable |
| 3473 | housing, and are encouraged to participate in federal, state, |
| 3474 | and local affordable housing programs. Students deemed to be |
| 3475 | eligible occupants under 26 U.S.C. s. 42(i)(3)(D) shall be |
| 3476 | considered eligible persons for purposes of all projects funded |
| 3477 | under this chapter. |
| 3478 | Reviser's note.-Amended to confirm editorial |
| 3479 | substitutions. Section 420.503(7) defines the term |
| 3480 | "community housing development organization," and |
| 3481 | subsection (17) defines the term "eligible persons." |
| 3482 | Section 420.907(10) does not exist, and s. |
| 3483 | 420.9071(10) defines the term "eligible person." |
| 3484 | Section 98. Paragraph (f) of subsection (18) of section |
| 3485 | 430.04, Florida Statutes, is amended to read: |
| 3486 | 430.04 Duties and responsibilities of the Department of |
| 3487 | Elderly Affairs.-The Department of Elderly Affairs shall: |
| 3488 | (18) Administer all Medicaid waivers and programs relating |
| 3489 | to elders and their appropriations. The waivers include, but are |
| 3490 | not limited to: |
| 3491 | (f) The Program of for All-inclusive Care for the Elderly. |
| 3492 | Reviser's note.-Amended to confirm an editorial |
| 3493 | substitution made to conform to the correct name of |
| 3494 | the program. |
| 3495 | Section 99. Subsection (5) of section 440.105, Florida |
| 3496 | Statutes, is amended to read: |
| 3497 | 440.105 Prohibited activities; reports; penalties; |
| 3498 | limitations.- |
| 3499 | (5) It shall be unlawful for any attorney or other person, |
| 3500 | in his or her individual capacity or in his or her capacity as a |
| 3501 | public or private employee or for any firm, corporation, |
| 3502 | partnership, or association, to unlawfully solicit any business |
| 3503 | in and about city or county hospitals, courts, or any public |
| 3504 | institution or public place; in and about private hospitals or |
| 3505 | sanitariums; in and about any private institution; or upon |
| 3506 | private property of any character whatsoever for the purpose of |
| 3507 | making workers' compensation claims. Whoever violates any |
| 3508 | provision of this subsection commits a felony of the second |
| 3509 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 3510 | 775.084 775.085. |
| 3511 | Reviser's note.-Amended to correct an apparent error |
| 3512 | and facilitate correct interpretation. The reference |
| 3513 | is not consistent with the contents of s. 775.085 but |
| 3514 | is consistent with the contents of s. 775.084. |
| 3515 | Section 100. Subsection (3) of section 443.1117, Florida |
| 3516 | Statutes, is amended to read: |
| 3517 | 443.1117 Temporary extended benefits.- |
| 3518 | (3) TOTAL EXTENDED BENEFIT AMOUNT.-Except as provided in |
| 3519 | subsection (4) (5): |
| 3520 | (a) For any week for which there is an "on" indicator |
| 3521 | pursuant to paragraph (2)(g) (3)(g), the total extended benefit |
| 3522 | amount payable to an eligible individual for her or his |
| 3523 | applicable benefit year is the lesser of: |
| 3524 | 1. Fifty percent of the total regular benefits payable |
| 3525 | under this chapter in the applicable benefit year; or |
| 3526 | 2. Thirteen times the weekly benefit amount payable under |
| 3527 | this chapter for a week of total unemployment in the applicable |
| 3528 | benefit year. |
| 3529 | (b) For any high unemployment period as defined in |
| 3530 | paragraph (2)(h) (3)(h), the total extended benefit amount |
| 3531 | payable to an eligible individual for her or his applicable |
| 3532 | benefit year is the lesser of: |
| 3533 | 1. Eighty percent of the total regular benefits payable |
| 3534 | under this chapter in the applicable benefit year; or |
| 3535 | 2. Twenty times the weekly benefit amount payable under |
| 3536 | this chapter for a week of total unemployment in the applicable |
| 3537 | benefit year. |
| 3538 | Reviser's note.-The introductory language to |
| 3539 | subsection (3) is amended to correct an apparent error |
| 3540 | and facilitate correct interpretation. Subsection (5) |
| 3541 | does not exist; the content in subsection (4) relates |
| 3542 | to extended benefit periods. Paragraph (3)(a) is |
| 3543 | amended to confirm an editorial substitution; |
| 3544 | paragraph (2)(g) defines the term "state 'on' |
| 3545 | indicator," and paragraph (3)(g) does not exist. |
| 3546 | Paragraph (3)(b) is amended to confirm an editorial |
| 3547 | insertion; paragraph (2)(h) defines the term "high |
| 3548 | unemployment period," and paragraph (3)(h) does not |
| 3549 | exist. |
| 3550 | Section 101. Subsection (9) of section 445.049, Florida |
| 3551 | Statutes, is repealed. |
| 3552 | Reviser's note.-Repealed to delete language requiring |
| 3553 | the Digital Divide Council to submit a report by March |
| 3554 | 1, 2008, with results of the council's monitoring, |
| 3555 | reviewing, and evaluating of and recommendations on |
| 3556 | certain programs. |
| 3557 | Section 102. Section 450.231, Florida Statutes, is amended |
| 3558 | to read: |
| 3559 | 450.231 Annual reports to Legislature.-The commission |
| 3560 | shall report its findings, recommendations, and proposed |
| 3561 | legislation to each regular session of the Legislature no later |
| 3562 | than February 1 of each year beginning in 2006. |
| 3563 | Reviser's note.-Amended to delete a provision that has |
| 3564 | served its purpose. |
| 3565 | Section 103. Paragraph (c) of subsection (1) of section |
| 3566 | 456.041, Florida Statutes, is amended to read: |
| 3567 | 456.041 Practitioner profile; creation.- |
| 3568 | (1) |
| 3569 | (c) Within 30 calendar days after receiving an update of |
| 3570 | information required for the practitioner's profile, the |
| 3571 | department shall update the practitioner's profile in accordance |
| 3572 | with the requirements of subsection (8) (7). |
| 3573 | Reviser's note.-Amended to conform to the |
| 3574 | redesignation of subsection (7) as subsection (8) by |
| 3575 | s. 22, ch. 2009-223, Laws of Florida. |
| 3576 | Section 104. Subsections (7) and (8) of section 466.0067, |
| 3577 | Florida Statutes, are amended to read: |
| 3578 | 466.0067 Application for health access dental license.-The |
| 3579 | Legislature finds that there is an important state interest in |
| 3580 | attracting dentists to practice in underserved health access |
| 3581 | settings in this state and further, that allowing out-of-state |
| 3582 | dentists who meet certain criteria to practice in health access |
| 3583 | settings without the supervision of a dentist licensed in this |
| 3584 | state is substantially related to achieving this important state |
| 3585 | interest. Therefore, notwithstanding the requirements of s. |
| 3586 | 466.006, the board shall grant a health access dental license to |
| 3587 | practice dentistry in this state in health access settings as |
| 3588 | defined in s. 466.003(14) to an applicant that: |
| 3589 | (7) Currently holds a valid, active, dental license in |
| 3590 | good standing which has not been revoked, suspended, restricted, |
| 3591 | or otherwise disciplined from another of the these United |
| 3592 | States, the District of Columbia, or a United States territory; |
| 3593 | (8) Has never had a license revoked from another of the |
| 3594 | these United States, the District of Columbia, or a United |
| 3595 | States territory; |
| 3596 | Reviser's note.-Amended to provide contextual |
| 3597 | consistency within the Florida Statutes. |
| 3598 | Section 105. Subsection (1) of section 472.016, Florida |
| 3599 | Statutes, is amended to read: |
| 3600 | 472.016 Members of Armed Forces in good standing with the |
| 3601 | board.- |
| 3602 | (1) Any member of the Armed Forces of the United States |
| 3603 | who is now or in the future on active duty and who, at the time |
| 3604 | of becoming such a member of the Armed Forces, was in good |
| 3605 | standing with the board and entitled to practice or engage in |
| 3606 | surveying and mapping in the state shall be kept in good |
| 3607 | standing by the board, without registering, paying dues or fees, |
| 3608 | or performing any other act on his or her part to be performed, |
| 3609 | as long as he or she is a member of the Armed Forces of the |
| 3610 | United States on active duty and for a period of 6 months after |
| 3611 | discharge from active duty, provided that he or she is not |
| 3612 | engaged in the practice of surveying or mapping in the private |
| 3613 | sector for profit. |
| 3614 | Reviser's note.-Amended to confirm an editorial |
| 3615 | insertion made to improve clarity and facilitate |
| 3616 | correct interpretation. |
| 3617 | Section 106. Subsection (1) of section 472.036, Florida |
| 3618 | Statutes, is amended to read: |
| 3619 | 472.036 Unlicensed practice of professional surveying and |
| 3620 | mapping; cease and desist notice; civil penalty; enforcement; |
| 3621 | citations; allocation of moneys collected.- |
| 3622 | (1) When the department has probable cause to believe that |
| 3623 | any person not licensed by the department or the board has |
| 3624 | violated any provision of this chapter, or any rule adopted |
| 3625 | pursuant to this chapter, the department may issue and deliver |
| 3626 | to such person a notice to cease and desist from such violation. |
| 3627 | In addition, the department may issue and deliver a notice to |
| 3628 | cease and desist to any person who aids and abets the unlicensed |
| 3629 | practice of surveying and mapping by employing such unlicensed |
| 3630 | person. The issuance of a notice to cease and desist shall not |
| 3631 | constitute agency action for which a hearing under ss. 120.569 |
| 3632 | and 120.57 may be sought. For the purpose of enforcing a cease |
| 3633 | and desist order, the department may file a proceeding in the |
| 3634 | name of the state seeking issuance of an injunction or a writ of |
| 3635 | mandamus against any person who violates any provisions of such |
| 3636 | order. In addition to the foregoing remedies, the department may |
| 3637 | impose an administrative penalty not to exceed $5,000 per |
| 3638 | incident pursuant to the provisions of chapter 120 or may issue |
| 3639 | a citation pursuant to the provisions of subsection (3). If the |
| 3640 | department is required to seek enforcement of the order for a |
| 3641 | penalty pursuant to s. 120.569, it shall be entitled to collect |
| 3642 | its attorney's fees and costs, together with any cost of |
| 3643 | collection. |
| 3644 | Reviser's note.-Amended to confirm an editorial |
| 3645 | insertion made to improve clarity and facilitate |
| 3646 | correct interpretation. |
| 3647 | Section 107. Subsection (4) of section 473.315, Florida |
| 3648 | Statutes, is amended to read: |
| 3649 | 473.315 Independence, technical standards.- |
| 3650 | (4) Attorneys who are admitted to practice law by the |
| 3651 | Supreme Court of Florida are exempt from the standards of |
| 3652 | practice of public accounting as defined in s. 473.302(8)(b) and |
| 3653 | (c) 473.302(7)(b) and (c) when such standards conflict with the |
| 3654 | rules of The Florida Bar or orders of the Florida Supreme Court. |
| 3655 | Reviser's note.-Amended to conform to the |
| 3656 | redesignation of s. 473.302(7)(b) and (c) as s. |
| 3657 | 473.302(8)(b) and (c) by s. 3, ch. 2009-54, Laws of |
| 3658 | Florida. |
| 3659 | Section 108. Paragraph (f) of subsection (5) of section |
| 3660 | 489.119, Florida Statutes, is amended to read: |
| 3661 | 489.119 Business organizations; qualifying agents.- |
| 3662 | (5) |
| 3663 | (f) In addition to any other penalty prescribed by law, a |
| 3664 | local government may impose a civil fine pursuant to s. |
| 3665 | 489.127(5) against a person who is not certified or registered |
| 3666 | under this part if the person: |
| 3667 | 1. Claims to be licensed in any offer of services, |
| 3668 | business proposal, bid, contract, or advertisement, but who does |
| 3669 | not possess a valid competency-based license issued by a local |
| 3670 | government in this state to perform the specified construction |
| 3671 | services; or |
| 3672 | 2. Claims to be insured in any offer of services, business |
| 3673 | proposal, bid, contract, or advertisement, but whose performance |
| 3674 | of the subject work is not covered by a general liability or |
| 3675 | workers' compensation insurance policy. |
| 3676 | Reviser's note.-Amended to confirm an editorial |
| 3677 | deletion made to improve clarity. |
| 3678 | Section 109. Effective October 1, 2010, subsection (3) of |
| 3679 | section 494.00321, Florida Statutes, as created by section 27 of |
| 3680 | chapter 2009-241, Laws of Florida, is amended to read: |
| 3681 | 494.00321 Mortgage broker license.- |
| 3682 | (3) An application is considered received for the purposes |
| 3683 | of s. 120.60 upon the office's receipt of all documentation from |
| 3684 | the registry, including the completed application form, criminal |
| 3685 | history information, and independent credit report, as well as |
| 3686 | the license application fee, the fee required by s. 494.00172 |
| 3687 | 492.00172, and all applicable fingerprinting processing fees. |
| 3688 | Reviser's note.-Amended to confirm an editorial |
| 3689 | substitution; s. 494.00172 includes material relating |
| 3690 | to fees, and s. 492.00172 does not exist. |
| 3691 | Section 110. Effective October 1, 2010, paragraph (f) of |
| 3692 | subsection (2) of section 494.00611, Florida Statutes, as |
| 3693 | created by section 43 of chapter 2009-241, Laws of Florida, is |
| 3694 | amended to read: |
| 3695 | 494.00611 Mortgage lender license.- |
| 3696 | (2) In order to apply for a mortgage lender license, an |
| 3697 | applicant must: |
| 3698 | (f) Submit a copy of the applicant's financial audit |
| 3699 | report for the most recent fiscal year which, pursuant to United |
| 3700 | States generally accepted accounting principles. If the |
| 3701 | applicant is a wholly owned subsidiary of another corporation, |
| 3702 | the financial audit report for the parent corporation satisfies |
| 3703 | this requirement. The commission may establish by rule the form |
| 3704 | and procedures for filing the financial audit report, including |
| 3705 | the requirement to file the report with the registry when |
| 3706 | technology is available. The financial audit report must |
| 3707 | document that the applicant has a bona fide and verifiable net |
| 3708 | worth, of at least $63,000 if the applicant is not seeking a |
| 3709 | servicing endorsement, or at least $250,000 if the applicant is |
| 3710 | seeking a servicing endorsement, which must be continuously |
| 3711 | maintained as a condition of licensure. However, if the |
| 3712 | applicant held an active license issued before October 1, 2010, |
| 3713 | pursuant to former s. 494.0065, and the applicant is seeking a |
| 3714 | servicing endorsement, the minimum net worth requirement: |
| 3715 | 1. Until September 30, 2011, is $63,000. |
| 3716 | 2. Between October 1, 2011, and September 30, 2012, is |
| 3717 | $125,000. |
| 3718 | 3. On or after October 1, 2012, is $250,000. |
| 3719 | Reviser's note.-Amended to confirm an editorial |
| 3720 | deletion made to improve clarity and facilitate |
| 3721 | correct interpretation. |
| 3722 | Section 111. Effective October 1, 2010, subsection (2) of |
| 3723 | section 494.0066, Florida Statutes, as amended by section 49 of |
| 3724 | chapter 2009-241, Laws of Florida, is amended to read: |
| 3725 | 494.0066 Branch offices.- |
| 3726 | (2) The office shall issue a branch office license to a |
| 3727 | mortgage lender after the office determines that the mortgage |
| 3728 | lender has submitted a completed branch office application form |
| 3729 | as prescribed by rule by the commission and an initial |
| 3730 | nonrefundable branch office license fee of $225 per branch |
| 3731 | office. Application fees may not be prorated for partial years |
| 3732 | of licensure. The branch office application must include the |
| 3733 | name and license number of the mortgage lender under this part, |
| 3734 | the name of the branch manager in charge of the branch office, |
| 3735 | and the address of the branch office. The branch office license |
| 3736 | shall be issued in the name of the mortgage lender and must be |
| 3737 | renewed in conjunction with the license renewal. An application |
| 3738 | is considered received for purposes of s. 120.60 upon receipt of |
| 3739 | a completed branch office renewal form, as prescribed by |
| 3740 | commission rule, and the required fees. |
| 3741 | Reviser's note.-Amended to confirm an editorial |
| 3742 | insertion made to provide clarity. |
| 3743 | Section 112. Paragraph (a) of subsection (5) of section |
| 3744 | 501.1377, Florida Statutes, is amended to read: |
| 3745 | 501.1377 Violations involving homeowners during the course |
| 3746 | of residential foreclosure proceedings.- |
| 3747 | (5) FORECLOSURE-RESCUE TRANSACTIONS; WRITTEN AGREEMENT.- |
| 3748 | (a)1. A foreclosure-rescue transaction must include a |
| 3749 | written agreement prepared in at least 12-point uppercase type |
| 3750 | that is completed, signed, and dated by the homeowner and the |
| 3751 | equity purchaser before executing any instrument from the |
| 3752 | homeowner to the equity purchaser quitclaiming, assigning, |
| 3753 | transferring, conveying, or encumbering an interest in the |
| 3754 | residential real property in foreclosure. The equity purchaser |
| 3755 | must give the homeowner a copy of the completed agreement within |
| 3756 | 3 hours after the homeowner signs the agreement. The agreement |
| 3757 | must contain the entire understanding of the parties and must |
| 3758 | include: |
| 3759 | a. The name, business address, and telephone number of the |
| 3760 | equity purchaser. |
| 3761 | b. The street address and full legal description of the |
| 3762 | property. |
| 3763 | c. Clear and conspicuous disclosure of any financial or |
| 3764 | legal obligations of the homeowner that will be assumed by the |
| 3765 | equity purchaser. |
| 3766 | d. The total consideration to be paid by the equity |
| 3767 | purchaser in connection with or incident to the acquisition of |
| 3768 | the property by the equity purchaser. |
| 3769 | e. The terms of payment or other consideration, including, |
| 3770 | but not limited to, any services that the equity purchaser |
| 3771 | represents will be performed for the homeowner before or after |
| 3772 | the sale. |
| 3773 | f. The date and time when possession of the property is to |
| 3774 | be transferred to the equity purchaser. |
| 3775 | 2. A foreclosure-rescue transaction agreement must |
| 3776 | contain, above the signature line, a statement in at least 12- |
| 3777 | point uppercase type that substantially complies with the |
| 3778 | following: |
| 3779 |
|
| 3780 | I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY |
| 3781 | HOME TO THE OTHER UNDERSIGNED PARTY. |
| 3782 | 3. A foreclosure-rescue transaction agreement must state |
| 3783 | the specifications of any option or right to repurchase the |
| 3784 | residential real property in foreclosure, including the specific |
| 3785 | amounts of any escrow payments or deposit, down payment, |
| 3786 | purchase price, closing costs, commissions, or other fees or |
| 3787 | costs. |
| 3788 | 4. A foreclosure-rescue transaction agreement must comply |
| 3789 | with all applicable provisions of 15 U.S.C. ss. 1601 1600 et |
| 3790 | seq. and related regulations. |
| 3791 | Reviser's note.-Amended to conform to the fact that 15 |
| 3792 | U.S.C. s. 1600 does not exist; the Truth in Lending |
| 3793 | Act is cited as 15 U.S.C. ss. 1601 et seq. |
| 3794 | Section 113. Subsection (5) of section 517.191, Florida |
| 3795 | Statutes, is amended to read: |
| 3796 | 517.191 Injunction to restrain violations; civil |
| 3797 | penalties; enforcement by Attorney General.- |
| 3798 | (5) In addition to all other means provided by law for |
| 3799 | enforcing any of the provisions of this chapter, when the |
| 3800 | Attorney General, upon complaint or otherwise, has reason to |
| 3801 | believe that a person has engaged or is engaged in any act or |
| 3802 | practice constituting a violation of s. 517.275, s. 517.301, s. |
| 3803 | 517.311, or s. 517.312, or any rule or order issued under such |
| 3804 | sections, the Attorney General may investigate and bring an |
| 3805 | action to enforce these provisions as provided in ss. 517.171, |
| 3806 | 517.201, and 517.2015 after receiving written approval from the |
| 3807 | office. Such an action may be brought against such person and |
| 3808 | any other person in any way participating in such act or |
| 3809 | practice or engaging in such act or practice or doing any act in |
| 3810 | furtherance of such act or practice, to obtain injunctive |
| 3811 | relief, restitution, civil penalties, and any remedies provided |
| 3812 | for in this section. The Attorney General may recover any costs |
| 3813 | and attorney fees related to the Attorney General's |
| 3814 | investigation or enforcement of this section. Notwithstanding |
| 3815 | any other provision of law, moneys recovered by the Attorney |
| 3816 | General for costs, attorney fees, and civil penalties for a |
| 3817 | violation of s. 517.275, s. 517.301, s. 517.311, or s. 517.312, |
| 3818 | or any rule or order issued pursuant to such sections, shall be |
| 3819 | deposited in the Legal Affairs Revolving Trust Fund. The Legal |
| 3820 | Affairs Revolving Trust Fund may be used to investigate and |
| 3821 | enforce this section. |
| 3822 | Reviser's note.-Amended to confirm an editorial |
| 3823 | insertion made to provide clarity. |
| 3824 | Section 114. Subsection (5) of section 526.144, Florida |
| 3825 | Statutes, is repealed. |
| 3826 | Reviser's note.-Repeals material requiring submittal |
| 3827 | of a report relating to the Florida Disaster Motor |
| 3828 | Fuel Supplier Program by March 1, 2007. |
| 3829 | Section 115. Paragraph (d) of subsection (1) of section |
| 3830 | 556.105, Florida Statutes, is amended to read: |
| 3831 | 556.105 Procedures.- |
| 3832 | (1) |
| 3833 | (d)1. The system shall study the feasibility of the |
| 3834 | establishment or recognition of zones for the purpose of |
| 3835 | allowing excavation within such zones to be undertaken without |
| 3836 | notice to the system as now required by this chapter when such |
| 3837 | zones are: |
| 3838 | 1. a. In areas within which no underground facilities are |
| 3839 | located. |
| 3840 | 2. b. Where permanent markings, permit and mapping |
| 3841 | systems, and structural protection for underwater crossings are |
| 3842 | required or in place. |
| 3843 | 3. c. For previously marked utilities on construction of |
| 3844 | one- or two-family dwellings where the contractor remains in |
| 3845 | custody and control of the building site for the duration of the |
| 3846 | building permit. |
| 3847 | 2. The system shall report the results of the study to the |
| 3848 | Legislature on or before February 1, 2007, along with |
| 3849 | recommendations for further legislative action. |
| 3850 | Reviser's note.-Amended to delete material that has |
| 3851 | served its purpose. |
| 3852 | Section 116. Section 569.19, Florida Statutes, is amended |
| 3853 | to read: |
| 3854 | 569.19 Annual report.-The division shall report annually |
| 3855 | with written findings to the Legislature and the Governor by |
| 3856 | December 31, starting with the year 1997, on the progress of |
| 3857 | implementing the enforcement provisions of this chapter. This |
| 3858 | must include, but is not limited to: |
| 3859 | (1) The number and results of compliance visits. |
| 3860 | (2) The number of violations for failure of a retailer to |
| 3861 | hold a valid license. |
| 3862 | (3) The number of violations for selling tobacco products |
| 3863 | to persons under age 18, and the results of administrative |
| 3864 | hearings on the above and related issues. |
| 3865 | (4) The number of persons under age 18 cited for |
| 3866 | violations of s. 569.11 and sanctions imposed as a result of |
| 3867 | citation. |
| 3868 | Reviser's note.-Amended to delete obsolete material. |
| 3869 | Section 117. Section 576.092, Florida Statutes, is |
| 3870 | repealed. |
| 3871 | Reviser's note.-Repeals a provision requiring |
| 3872 | submittal of a report by January 15, 2008, and |
| 3873 | providing for abolishment of the Consumer Fertilizer |
| 3874 | Task Force upon transmittal of the report. |
| 3875 | Section 118. Subsection (6) of section 589.011, Florida |
| 3876 | Statutes, is amended to read: |
| 3877 | 589.011 Use of state forest lands; fees; rules.- |
| 3878 | (6) The Division of Forestry may enter into contracts or |
| 3879 | agreements, with or without competitive bidding or procurement, |
| 3880 | to make available, on a fair, reasonable, and nondiscriminatory |
| 3881 | basis, property and other structures under division control for |
| 3882 | the placement of new facilities by any wireless provider of |
| 3883 | mobile service as defined in 47 U.S.C. s. 153(27) 153(n) or 47 |
| 3884 | U.S.C. s. 332(d) or any telecommunications company as defined in |
| 3885 | s. 364.02 when it is determined to be practical and feasible to |
| 3886 | make such property or other structures available. The division |
| 3887 | may, without adopting a rule, charge a just, reasonable, and |
| 3888 | nondiscriminatory fee for the placement of the facilities, |
| 3889 | payable annually, based on the fair market value of space used |
| 3890 | by comparable communications facilities in the state. The |
| 3891 | division and a wireless provider or telecommunications company |
| 3892 | may negotiate the reduction or elimination of a fee in |
| 3893 | consideration of services provided to the division by the |
| 3894 | wireless provider or telecommunications company. All such fees |
| 3895 | collected by the division shall be deposited in the Incidental |
| 3896 | Trust Fund. |
| 3897 | Reviser's note.-Amended to confirm an editorial |
| 3898 | substitution; 47 U.S.C. s. 153(27) defines the term |
| 3899 | "mobile service," and 47 U.S.C. s. 153(n) does not |
| 3900 | exist. |
| 3901 | Section 119. Subsection (6) of section 624.91, Florida |
| 3902 | Statutes, as amended by section 13 of chapter 2009-113, Laws of |
| 3903 | Florida, is reenacted to read: |
| 3904 | 624.91 The Florida Healthy Kids Corporation Act.- |
| 3905 | (6) BOARD OF DIRECTORS.- |
| 3906 | (a) The Florida Healthy Kids Corporation shall operate |
| 3907 | subject to the supervision and approval of a board of directors |
| 3908 | chaired by the Chief Financial Officer or her or his designee, |
| 3909 | and composed of 11 other members selected for 3-year terms of |
| 3910 | office as follows: |
| 3911 | 1. The Secretary of Health Care Administration, or his or |
| 3912 | her designee. |
| 3913 | 2. One member appointed by the Commissioner of Education |
| 3914 | from the Office of School Health Programs of the Florida |
| 3915 | Department of Education. |
| 3916 | 3. One member appointed by the Chief Financial Officer |
| 3917 | from among three members nominated by the Florida Pediatric |
| 3918 | Society. |
| 3919 | 4. One member, appointed by the Governor, who represents |
| 3920 | the Children's Medical Services Program. |
| 3921 | 5. One member appointed by the Chief Financial Officer |
| 3922 | from among three members nominated by the Florida Hospital |
| 3923 | Association. |
| 3924 | 6. One member, appointed by the Governor, who is an expert |
| 3925 | on child health policy. |
| 3926 | 7. One member, appointed by the Chief Financial Officer, |
| 3927 | from among three members nominated by the Florida Academy of |
| 3928 | Family Physicians. |
| 3929 | 8. One member, appointed by the Governor, who represents |
| 3930 | the state Medicaid program. |
| 3931 | 9. One member, appointed by the Chief Financial Officer, |
| 3932 | from among three members nominated by the Florida Association of |
| 3933 | Counties. |
| 3934 | 10. The State Health Officer or her or his designee. |
| 3935 | 11. The Secretary of Children and Family Services, or his |
| 3936 | or her designee. |
| 3937 | (b) A member of the board of directors may be removed by |
| 3938 | the official who appointed that member. The board shall appoint |
| 3939 | an executive director, who is responsible for other staff |
| 3940 | authorized by the board. |
| 3941 | (c) Board members are entitled to receive, from funds of |
| 3942 | the corporation, reimbursement for per diem and travel expenses |
| 3943 | as provided by s. 112.061. |
| 3944 | (d) There shall be no liability on the part of, and no |
| 3945 | cause of action shall arise against, any member of the board of |
| 3946 | directors, or its employees or agents, for any action they take |
| 3947 | in the performance of their powers and duties under this act. |
| 3948 | Reviser's note.-Section 13, ch. 2009-113, Laws of |
| 3949 | Florida, amended subsection (6) without publishing |
| 3950 | paragraphs (b)-(d) of that subsection. Absent |
| 3951 | affirmative evidence of legislative intent to repeal |
| 3952 | paragraphs (b)-(d), subsection (6) is reenacted to |
| 3953 | confirm that the omission was not intended. |
| 3954 | Section 120. Subsection (2) of section 627.062, Florida |
| 3955 | Statutes, is amended to read: |
| 3956 | 627.062 Rate standards.- |
| 3957 | (2) As to all such classes of insurance: |
| 3958 | (a) Insurers or rating organizations shall establish and |
| 3959 | use rates, rating schedules, or rating manuals to allow the |
| 3960 | insurer a reasonable rate of return on such classes of insurance |
| 3961 | written in this state. A copy of rates, rating schedules, rating |
| 3962 | manuals, premium credits or discount schedules, and surcharge |
| 3963 | schedules, and changes thereto, shall be filed with the office |
| 3964 | under one of the following procedures except as provided in |
| 3965 | subparagraph 3.: |
| 3966 | 1. If the filing is made at least 90 days before the |
| 3967 | proposed effective date and the filing is not implemented during |
| 3968 | the office's review of the filing and any proceeding and |
| 3969 | judicial review, then such filing shall be considered a "file |
| 3970 | and use" filing. In such case, the office shall finalize its |
| 3971 | review by issuance of a notice of intent to approve or a notice |
| 3972 | of intent to disapprove within 90 days after receipt of the |
| 3973 | filing. The notice of intent to approve and the notice of intent |
| 3974 | to disapprove constitute agency action for purposes of the |
| 3975 | Administrative Procedure Act. Requests for supporting |
| 3976 | information, requests for mathematical or mechanical |
| 3977 | corrections, or notification to the insurer by the office of its |
| 3978 | preliminary findings shall not toll the 90-day period during any |
| 3979 | such proceedings and subsequent judicial review. The rate shall |
| 3980 | be deemed approved if the office does not issue a notice of |
| 3981 | intent to approve or a notice of intent to disapprove within 90 |
| 3982 | days after receipt of the filing. |
| 3983 | 2. If the filing is not made in accordance with the |
| 3984 | provisions of subparagraph 1., such filing shall be made as soon |
| 3985 | as practicable, but no later than 30 days after the effective |
| 3986 | date, and shall be considered a "use and file" filing. An |
| 3987 | insurer making a "use and file" filing is potentially subject to |
| 3988 | an order by the office to return to policyholders portions of |
| 3989 | rates found to be excessive, as provided in paragraph (h). |
| 3990 | 3. For all property insurance filings made or submitted |
| 3991 | after January 25, 2007, but before December 31, 2010, an insurer |
| 3992 | seeking a rate that is greater than the rate most recently |
| 3993 | approved by the office shall make a "file and use" filing. For |
| 3994 | purposes of this subparagraph, motor vehicle collision and |
| 3995 | comprehensive coverages are not considered to be property |
| 3996 | coverages. |
| 3997 | (b) Upon receiving a rate filing, the office shall review |
| 3998 | the rate filing to determine if a rate is excessive, inadequate, |
| 3999 | or unfairly discriminatory. In making that determination, the |
| 4000 | office shall, in accordance with generally accepted and |
| 4001 | reasonable actuarial techniques, consider the following factors: |
| 4002 | 1. Past and prospective loss experience within and without |
| 4003 | this state. |
| 4004 | 2. Past and prospective expenses. |
| 4005 | 3. The degree of competition among insurers for the risk |
| 4006 | insured. |
| 4007 | 4. Investment income reasonably expected by the insurer, |
| 4008 | consistent with the insurer's investment practices, from |
| 4009 | investable premiums anticipated in the filing, plus any other |
| 4010 | expected income from currently invested assets representing the |
| 4011 | amount expected on unearned premium reserves and loss reserves. |
| 4012 | The commission may adopt rules using reasonable techniques of |
| 4013 | actuarial science and economics to specify the manner in which |
| 4014 | insurers shall calculate investment income attributable to such |
| 4015 | classes of insurance written in this state and the manner in |
| 4016 | which such investment income shall be used to calculate |
| 4017 | insurance rates. Such manner shall contemplate allowances for an |
| 4018 | underwriting profit factor and full consideration of investment |
| 4019 | income which produce a reasonable rate of return; however, |
| 4020 | investment income from invested surplus may not be considered. |
| 4021 | 5. The reasonableness of the judgment reflected in the |
| 4022 | filing. |
| 4023 | 6. Dividends, savings, or unabsorbed premium deposits |
| 4024 | allowed or returned to Florida policyholders, members, or |
| 4025 | subscribers. |
| 4026 | 7. The adequacy of loss reserves. |
| 4027 | 8. The cost of reinsurance. The office shall not |
| 4028 | disapprove a rate as excessive solely due to the insurer having |
| 4029 | obtained catastrophic reinsurance to cover the insurer's |
| 4030 | estimated 250-year probable maximum loss or any lower level of |
| 4031 | loss. |
| 4032 | 9. Trend factors, including trends in actual losses per |
| 4033 | insured unit for the insurer making the filing. |
| 4034 | 10. Conflagration and catastrophe hazards, if applicable. |
| 4035 | 11. Projected hurricane losses, if applicable, which must |
| 4036 | be estimated using a model or method found to be acceptable or |
| 4037 | reliable by the Florida Commission on Hurricane Loss Projection |
| 4038 | Methodology, and as further provided in s. 627.0628. |
| 4039 | 12. A reasonable margin for underwriting profit and |
| 4040 | contingencies. |
| 4041 | 13. The cost of medical services, if applicable. |
| 4042 | 14. Other relevant factors which impact upon the frequency |
| 4043 | or severity of claims or upon expenses. |
| 4044 | (c) In the case of fire insurance rates, consideration |
| 4045 | shall be given to the availability of water supplies and the |
| 4046 | experience of the fire insurance business during a period of not |
| 4047 | less than the most recent 5-year period for which such |
| 4048 | experience is available. |
| 4049 | (d) If conflagration or catastrophe hazards are given |
| 4050 | consideration by an insurer in its rates or rating plan, |
| 4051 | including surcharges and discounts, the insurer shall establish |
| 4052 | a reserve for that portion of the premium allocated to such |
| 4053 | hazard and shall maintain the premium in a catastrophe reserve. |
| 4054 | Any removal of such premiums from the reserve for purposes other |
| 4055 | than paying claims associated with a catastrophe or purchasing |
| 4056 | reinsurance for catastrophes shall be subject to approval of the |
| 4057 | office. Any ceding commission received by an insurer purchasing |
| 4058 | reinsurance for catastrophes shall be placed in the catastrophe |
| 4059 | reserve. |
| 4060 | (e) After consideration of the rate factors provided in |
| 4061 | paragraphs (b), (c), and (d), a rate may be found by the office |
| 4062 | to be excessive, inadequate, or unfairly discriminatory based |
| 4063 | upon the following standards: |
| 4064 | 1. Rates shall be deemed excessive if they are likely to |
| 4065 | produce a profit from Florida business that is unreasonably high |
| 4066 | in relation to the risk involved in the class of business or if |
| 4067 | expenses are unreasonably high in relation to services rendered. |
| 4068 | 2. Rates shall be deemed excessive if, among other things, |
| 4069 | the rate structure established by a stock insurance company |
| 4070 | provides for replenishment of surpluses from premiums, when the |
| 4071 | replenishment is attributable to investment losses. |
| 4072 | 3. Rates shall be deemed inadequate if they are clearly |
| 4073 | insufficient, together with the investment income attributable |
| 4074 | to them, to sustain projected losses and expenses in the class |
| 4075 | of business to which they apply. |
| 4076 | 4. A rating plan, including discounts, credits, or |
| 4077 | surcharges, shall be deemed unfairly discriminatory if it fails |
| 4078 | to clearly and equitably reflect consideration of the |
| 4079 | policyholder's participation in a risk management program |
| 4080 | adopted pursuant to s. 627.0625. |
| 4081 | 5. A rate shall be deemed inadequate as to the premium |
| 4082 | charged to a risk or group of risks if discounts or credits are |
| 4083 | allowed which exceed a reasonable reflection of expense savings |
| 4084 | and reasonably expected loss experience from the risk or group |
| 4085 | of risks. |
| 4086 | 6. A rate shall be deemed unfairly discriminatory as to a |
| 4087 | risk or group of risks if the application of premium discounts, |
| 4088 | credits, or surcharges among such risks does not bear a |
| 4089 | reasonable relationship to the expected loss and expense |
| 4090 | experience among the various risks. |
| 4091 | (f) In reviewing a rate filing, the office may require the |
| 4092 | insurer to provide at the insurer's expense all information |
| 4093 | necessary to evaluate the condition of the company and the |
| 4094 | reasonableness of the filing according to the criteria |
| 4095 | enumerated in this section. |
| 4096 | (g) The office may at any time review a rate, rating |
| 4097 | schedule, rating manual, or rate change; the pertinent records |
| 4098 | of the insurer; and market conditions. If the office finds on a |
| 4099 | preliminary basis that a rate may be excessive, inadequate, or |
| 4100 | unfairly discriminatory, the office shall initiate proceedings |
| 4101 | to disapprove the rate and shall so notify the insurer. However, |
| 4102 | the office may not disapprove as excessive any rate for which it |
| 4103 | has given final approval or which has been deemed approved for a |
| 4104 | period of 1 year after the effective date of the filing unless |
| 4105 | the office finds that a material misrepresentation or material |
| 4106 | error was made by the insurer or was contained in the filing. |
| 4107 | Upon being so notified, the insurer or rating organization |
| 4108 | shall, within 60 days, file with the office all information |
| 4109 | which, in the belief of the insurer or organization, proves the |
| 4110 | reasonableness, adequacy, and fairness of the rate or rate |
| 4111 | change. The office shall issue a notice of intent to approve or |
| 4112 | a notice of intent to disapprove pursuant to the procedures of |
| 4113 | paragraph (a) within 90 days after receipt of the insurer's |
| 4114 | initial response. In such instances and in any administrative |
| 4115 | proceeding relating to the legality of the rate, the insurer or |
| 4116 | rating organization shall carry the burden of proof by a |
| 4117 | preponderance of the evidence to show that the rate is not |
| 4118 | excessive, inadequate, or unfairly discriminatory. After the |
| 4119 | office notifies an insurer that a rate may be excessive, |
| 4120 | inadequate, or unfairly discriminatory, unless the office |
| 4121 | withdraws the notification, the insurer shall not alter the rate |
| 4122 | except to conform with the office's notice until the earlier of |
| 4123 | 120 days after the date the notification was provided or 180 |
| 4124 | days after the date of the implementation of the rate. The |
| 4125 | office may, subject to chapter 120, disapprove without the 60- |
| 4126 | day notification any rate increase filed by an insurer within |
| 4127 | the prohibited time period or during the time that the legality |
| 4128 | of the increased rate is being contested. |
| 4129 | (h) In the event the office finds that a rate or rate |
| 4130 | change is excessive, inadequate, or unfairly discriminatory, the |
| 4131 | office shall issue an order of disapproval specifying that a new |
| 4132 | rate or rate schedule which responds to the findings of the |
| 4133 | office be filed by the insurer. The office shall further order, |
| 4134 | for any "use and file" filing made in accordance with |
| 4135 | subparagraph (a)2., that premiums charged each policyholder |
| 4136 | constituting the portion of the rate above that which was |
| 4137 | actuarially justified be returned to such policyholder in the |
| 4138 | form of a credit or refund. If the office finds that an |
| 4139 | insurer's rate or rate change is inadequate, the new rate or |
| 4140 | rate schedule filed with the office in response to such a |
| 4141 | finding shall be applicable only to new or renewal business of |
| 4142 | the insurer written on or after the effective date of the |
| 4143 | responsive filing. |
| 4144 | (i) Except as otherwise specifically provided in this |
| 4145 | chapter, the office shall not prohibit any insurer, including |
| 4146 | any residual market plan or joint underwriting association, from |
| 4147 | paying acquisition costs based on the full amount of premium, as |
| 4148 | defined in s. 627.403, applicable to any policy, or prohibit any |
| 4149 | such insurer from including the full amount of acquisition costs |
| 4150 | in a rate filing. |
| 4151 | (j) With respect to residential property insurance rate |
| 4152 | filings, the rate filing must account for mitigation measures |
| 4153 | undertaken by policyholders to reduce hurricane losses. |
| 4154 | (k)1. An insurer may make a separate filing limited solely |
| 4155 | to an adjustment of its rates for reinsurance or financing costs |
| 4156 | incurred in the purchase of reinsurance or financing products to |
| 4157 | replace or finance the payment of the amount covered by the |
| 4158 | Temporary Increase in Coverage Limits (TICL) portion of the |
| 4159 | Florida Hurricane Catastrophe Fund including replacement |
| 4160 | reinsurance for the TICL reductions made pursuant to s. |
| 4161 | 215.555(17)(e); the actual cost paid due to the application of |
| 4162 | the TICL premium factor pursuant to s. 215.555(17)(f); and the |
| 4163 | actual cost paid due to the application of the cash build-up |
| 4164 | factor pursuant to s. 215.555(5)(b) if the insurer: |
| 4165 | a. Elects to purchase financing products such as a |
| 4166 | liquidity instrument or line of credit, in which case the cost |
| 4167 | included in the filing for the liquidity instrument or line of |
| 4168 | credit may not result in a premium increase exceeding 3 percent |
| 4169 | for any individual policyholder. All costs contained in the |
| 4170 | filing may not result in an overall premium increase of more |
| 4171 | than 10 percent for any individual policyholder. |
| 4172 | b. Includes in the filing a copy of all of its |
| 4173 | reinsurance, liquidity instrument, or line of credit contracts; |
| 4174 | proof of the billing or payment for the contracts; and the |
| 4175 | calculation upon which the proposed rate change is based |
| 4176 | demonstrates that the costs meet the criteria of this section |
| 4177 | and are not loaded for expenses or profit for the insurer making |
| 4178 | the filing. |
| 4179 | c. Includes no other changes to its rates in the filing. |
| 4180 | d. Has not implemented a rate increase within the 6 months |
| 4181 | immediately preceding the filing. |
| 4182 | e. Does not file for a rate increase under any other |
| 4183 | paragraph within 6 months after making a filing under this |
| 4184 | paragraph. |
| 4185 | f. That purchases reinsurance or financing products from |
| 4186 | an affiliated company in compliance with this paragraph does so |
| 4187 | only if the costs for such reinsurance or financing products are |
| 4188 | charged at or below charges made for comparable coverage by |
| 4189 | nonaffiliated reinsurers or financial entities making such |
| 4190 | coverage or financing products available in this state. |
| 4191 | 2. An insurer may only make one filing in any 12-month |
| 4192 | period under this paragraph. |
| 4193 | 3. An insurer that elects to implement a rate change under |
| 4194 | this paragraph must file its rate filing with the office at |
| 4195 | least 45 days before the effective date of the rate change. |
| 4196 | After an insurer submits a complete filing that meets all of the |
| 4197 | requirements of this paragraph, the office has 45 days after the |
| 4198 | date of the filing to review the rate filing and determine if |
| 4199 | the rate is excessive, inadequate, or unfairly discriminatory. |
| 4200 |
|
| 4201 | The provisions of this subsection shall not apply to workers' |
| 4202 | compensation and employer's liability insurance and to motor |
| 4203 | vehicle insurance. |
| 4204 | Reviser's note.-Amended to confirm an editorial |
| 4205 | insertion made to improve clarity. |
| 4206 | Section 121. Paragraph (cc) of subsection (6) of section |
| 4207 | 627.351, Florida Statutes, is repealed, and paragraph (b) of |
| 4208 | subsection (2) and paragraphs (b), (c), and (o) of subsection |
| 4209 | (6) of that section are amended to read: |
| 4210 | 627.351 Insurance risk apportionment plans.- |
| 4211 | (2) WINDSTORM INSURANCE RISK APPORTIONMENT.- |
| 4212 | (b) The department shall require all insurers holding a |
| 4213 | certificate of authority to transact property insurance on a |
| 4214 | direct basis in this state, other than joint underwriting |
| 4215 | associations and other entities formed pursuant to this section, |
| 4216 | to provide windstorm coverage to applicants from areas |
| 4217 | determined to be eligible pursuant to paragraph (c) who in good |
| 4218 | faith are entitled to, but are unable to procure, such coverage |
| 4219 | through ordinary means; or it shall adopt a reasonable plan or |
| 4220 | plans for the equitable apportionment or sharing among such |
| 4221 | insurers of windstorm coverage, which may include formation of |
| 4222 | an association for this purpose. As used in this subsection, the |
| 4223 | term "property insurance" means insurance on real or personal |
| 4224 | property, as defined in s. 624.604, including insurance for |
| 4225 | fire, industrial fire, allied lines, farmowners multiperil, |
| 4226 | homeowners' multiperil, commercial multiperil, and mobile homes, |
| 4227 | and including liability coverages on all such insurance, but |
| 4228 | excluding inland marine as defined in s. 624.607(3) and |
| 4229 | excluding vehicle insurance as defined in s. 624.605(1)(a) other |
| 4230 | than insurance on mobile homes used as permanent dwellings. The |
| 4231 | department shall adopt rules that provide a formula for the |
| 4232 | recovery and repayment of any deferred assessments. |
| 4233 | 1. For the purpose of this section, properties eligible |
| 4234 | for such windstorm coverage are defined as dwellings, buildings, |
| 4235 | and other structures, including mobile homes which are used as |
| 4236 | dwellings and which are tied down in compliance with mobile home |
| 4237 | tie-down requirements prescribed by the Department of Highway |
| 4238 | Safety and Motor Vehicles pursuant to s. 320.8325, and the |
| 4239 | contents of all such properties. An applicant or policyholder is |
| 4240 | eligible for coverage only if an offer of coverage cannot be |
| 4241 | obtained by or for the applicant or policyholder from an |
| 4242 | admitted insurer at approved rates. |
| 4243 | 2.a.(I) All insurers required to be members of such |
| 4244 | association shall participate in its writings, expenses, and |
| 4245 | losses. Surplus of the association shall be retained for the |
| 4246 | payment of claims and shall not be distributed to the member |
| 4247 | insurers. Such participation by member insurers shall be in the |
| 4248 | proportion that the net direct premiums of each member insurer |
| 4249 | written for property insurance in this state during the |
| 4250 | preceding calendar year bear to the aggregate net direct |
| 4251 | premiums for property insurance of all member insurers, as |
| 4252 | reduced by any credits for voluntary writings, in this state |
| 4253 | during the preceding calendar year. For the purposes of this |
| 4254 | subsection, the term "net direct premiums" means direct written |
| 4255 | premiums for property insurance, reduced by premium for |
| 4256 | liability coverage and for the following if included in allied |
| 4257 | lines: rain and hail on growing crops; livestock; association |
| 4258 | direct premiums booked; National Flood Insurance Program direct |
| 4259 | premiums; and similar deductions specifically authorized by the |
| 4260 | plan of operation and approved by the department. A member's |
| 4261 | participation shall begin on the first day of the calendar year |
| 4262 | following the year in which it is issued a certificate of |
| 4263 | authority to transact property insurance in the state and shall |
| 4264 | terminate 1 year after the end of the calendar year during which |
| 4265 | it no longer holds a certificate of authority to transact |
| 4266 | property insurance in the state. The commissioner, after review |
| 4267 | of annual statements, other reports, and any other statistics |
| 4268 | that the commissioner deems necessary, shall certify to the |
| 4269 | association the aggregate direct premiums written for property |
| 4270 | insurance in this state by all member insurers. |
| 4271 | (II) Effective July 1, 2002, the association shall operate |
| 4272 | subject to the supervision and approval of a board of governors |
| 4273 | who are the same individuals that have been appointed by the |
| 4274 | Treasurer to serve on the board of governors of the Citizens |
| 4275 | Property Insurance Corporation. |
| 4276 | (III) The plan of operation shall provide a formula |
| 4277 | whereby a company voluntarily providing windstorm coverage in |
| 4278 | affected areas will be relieved wholly or partially from |
| 4279 | apportionment of a regular assessment pursuant to sub-sub- |
| 4280 | subparagraph d.(I) or sub-sub-subparagraph d.(II). |
| 4281 | (IV) A company which is a member of a group of companies |
| 4282 | under common management may elect to have its credits applied on |
| 4283 | a group basis, and any company or group may elect to have its |
| 4284 | credits applied to any other company or group. |
| 4285 | (V) There shall be no credits or relief from apportionment |
| 4286 | to a company for emergency assessments collected from its |
| 4287 | policyholders under sub-sub-subparagraph d.(III). |
| 4288 | (VI) The plan of operation may also provide for the award |
| 4289 | of credits, for a period not to exceed 3 years, from a regular |
| 4290 | assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub- |
| 4291 | subparagraph d.(II) as an incentive for taking policies out of |
| 4292 | the Residential Property and Casualty Joint Underwriting |
| 4293 | Association. In order to qualify for the exemption under this |
| 4294 | sub-sub-subparagraph, the take-out plan must provide that at |
| 4295 | least 40 percent of the policies removed from the Residential |
| 4296 | Property and Casualty Joint Underwriting Association cover risks |
| 4297 | located in Miami-Dade, Broward, and Palm Beach Counties or at |
| 4298 | least 30 percent of the policies so removed cover risks located |
| 4299 | in Miami-Dade, Broward, and Palm Beach Counties and an |
| 4300 | additional 50 percent of the policies so removed cover risks |
| 4301 | located in other coastal counties, and must also provide that no |
| 4302 | more than 15 percent of the policies so removed may exclude |
| 4303 | windstorm coverage. With the approval of the department, the |
| 4304 | association may waive these geographic criteria for a take-out |
| 4305 | plan that removes at least the lesser of 100,000 Residential |
| 4306 | Property and Casualty Joint Underwriting Association policies or |
| 4307 | 15 percent of the total number of Residential Property and |
| 4308 | Casualty Joint Underwriting Association policies, provided the |
| 4309 | governing board of the Residential Property and Casualty Joint |
| 4310 | Underwriting Association certifies that the take-out plan will |
| 4311 | materially reduce the Residential Property and Casualty Joint |
| 4312 | Underwriting Association's 100-year probable maximum loss from |
| 4313 | hurricanes. With the approval of the department, the board may |
| 4314 | extend such credits for an additional year if the insurer |
| 4315 | guarantees an additional year of renewability for all policies |
| 4316 | removed from the Residential Property and Casualty Joint |
| 4317 | Underwriting Association, or for 2 additional years if the |
| 4318 | insurer guarantees 2 additional years of renewability for all |
| 4319 | policies removed from the Residential Property and Casualty |
| 4320 | Joint Underwriting Association. |
| 4321 | b. Assessments to pay deficits in the association under |
| 4322 | this subparagraph shall be included as an appropriate factor in |
| 4323 | the making of rates as provided in s. 627.3512. |
| 4324 | c. The Legislature finds that the potential for unlimited |
| 4325 | deficit assessments under this subparagraph may induce insurers |
| 4326 | to attempt to reduce their writings in the voluntary market, and |
| 4327 | that such actions would worsen the availability problems that |
| 4328 | the association was created to remedy. It is the intent of the |
| 4329 | Legislature that insurers remain fully responsible for paying |
| 4330 | regular assessments and collecting emergency assessments for any |
| 4331 | deficits of the association; however, it is also the intent of |
| 4332 | the Legislature to provide a means by which assessment |
| 4333 | liabilities may be amortized over a period of years. |
| 4334 | d.(I) When the deficit incurred in a particular calendar |
| 4335 | year is 10 percent or less of the aggregate statewide direct |
| 4336 | written premium for property insurance for the prior calendar |
| 4337 | year for all member insurers, the association shall levy an |
| 4338 | assessment on member insurers in an amount equal to the deficit. |
| 4339 | (II) When the deficit incurred in a particular calendar |
| 4340 | year exceeds 10 percent of the aggregate statewide direct |
| 4341 | written premium for property insurance for the prior calendar |
| 4342 | year for all member insurers, the association shall levy an |
| 4343 | assessment on member insurers in an amount equal to the greater |
| 4344 | of 10 percent of the deficit or 10 percent of the aggregate |
| 4345 | statewide direct written premium for property insurance for the |
| 4346 | prior calendar year for member insurers. Any remaining deficit |
| 4347 | shall be recovered through emergency assessments under sub-sub- |
| 4348 | subparagraph (III). |
| 4349 | (III) Upon a determination by the board of directors that |
| 4350 | a deficit exceeds the amount that will be recovered through |
| 4351 | regular assessments on member insurers, pursuant to sub-sub- |
| 4352 | subparagraph (I) or sub-sub-subparagraph (II), the board shall |
| 4353 | levy, after verification by the department, emergency |
| 4354 | assessments to be collected by member insurers and by |
| 4355 | underwriting associations created pursuant to this section which |
| 4356 | write property insurance, upon issuance or renewal of property |
| 4357 | insurance policies other than National Flood Insurance policies |
| 4358 | in the year or years following levy of the regular assessments. |
| 4359 | The amount of the emergency assessment collected in a particular |
| 4360 | year shall be a uniform percentage of that year's direct written |
| 4361 | premium for property insurance for all member insurers and |
| 4362 | underwriting associations, excluding National Flood Insurance |
| 4363 | policy premiums, as annually determined by the board and |
| 4364 | verified by the department. The department shall verify the |
| 4365 | arithmetic calculations involved in the board's determination |
| 4366 | within 30 days after receipt of the information on which the |
| 4367 | determination was based. Notwithstanding any other provision of |
| 4368 | law, each member insurer and each underwriting association |
| 4369 | created pursuant to this section shall collect emergency |
| 4370 | assessments from its policyholders without such obligation being |
| 4371 | affected by any credit, limitation, exemption, or deferment. The |
| 4372 | emergency assessments so collected shall be transferred directly |
| 4373 | to the association on a periodic basis as determined by the |
| 4374 | association. The aggregate amount of emergency assessments |
| 4375 | levied under this sub-sub-subparagraph in any calendar year may |
| 4376 | not exceed the greater of 10 percent of the amount needed to |
| 4377 | cover the original deficit, plus interest, fees, commissions, |
| 4378 | required reserves, and other costs associated with financing of |
| 4379 | the original deficit, or 10 percent of the aggregate statewide |
| 4380 | direct written premium for property insurance written by member |
| 4381 | insurers and underwriting associations for the prior year, plus |
| 4382 | interest, fees, commissions, required reserves, and other costs |
| 4383 | associated with financing the original deficit. The board may |
| 4384 | pledge the proceeds of the emergency assessments under this sub- |
| 4385 | sub-subparagraph as the source of revenue for bonds, to retire |
| 4386 | any other debt incurred as a result of the deficit or events |
| 4387 | giving rise to the deficit, or in any other way that the board |
| 4388 | determines will efficiently recover the deficit. The emergency |
| 4389 | assessments under this sub-sub-subparagraph shall continue as |
| 4390 | long as any bonds issued or other indebtedness incurred with |
| 4391 | respect to a deficit for which the assessment was imposed remain |
| 4392 | outstanding, unless adequate provision has been made for the |
| 4393 | payment of such bonds or other indebtedness pursuant to the |
| 4394 | document governing such bonds or other indebtedness. Emergency |
| 4395 | assessments collected under this sub-sub-subparagraph are not |
| 4396 | part of an insurer's rates, are not premium, and are not subject |
| 4397 | to premium tax, fees, or commissions; however, failure to pay |
| 4398 | the emergency assessment shall be treated as failure to pay |
| 4399 | premium. |
| 4400 | (IV) Each member insurer's share of the total regular |
| 4401 | assessments under sub-sub-subparagraph (I) or sub-sub- |
| 4402 | subparagraph (II) shall be in the proportion that the insurer's |
| 4403 | net direct premium for property insurance in this state, for the |
| 4404 | year preceding the assessment bears to the aggregate statewide |
| 4405 | net direct premium for property insurance of all member |
| 4406 | insurers, as reduced by any credits for voluntary writings for |
| 4407 | that year. |
| 4408 | (V) If regular deficit assessments are made under sub-sub- |
| 4409 | subparagraph (I) or sub-sub-subparagraph (II), or by the |
| 4410 | Residential Property and Casualty Joint Underwriting Association |
| 4411 | under sub-subparagraph (6)(b)3.a. or sub-subparagraph |
| 4412 | (6)(b)3.b., the association shall levy upon the association's |
| 4413 | policyholders, as part of its next rate filing, or by a separate |
| 4414 | rate filing solely for this purpose, a market equalization |
| 4415 | surcharge in a percentage equal to the total amount of such |
| 4416 | regular assessments divided by the aggregate statewide direct |
| 4417 | written premium for property insurance for member insurers for |
| 4418 | the prior calendar year. Market equalization surcharges under |
| 4419 | this sub-sub-subparagraph are not considered premium and are not |
| 4420 | subject to commissions, fees, or premium taxes; however, failure |
| 4421 | to pay a market equalization surcharge shall be treated as |
| 4422 | failure to pay premium. |
| 4423 | e. The governing body of any unit of local government, any |
| 4424 | residents of which are insured under the plan, may issue bonds |
| 4425 | as defined in s. 125.013 or s. 166.101 to fund an assistance |
| 4426 | program, in conjunction with the association, for the purpose of |
| 4427 | defraying deficits of the association. In order to avoid |
| 4428 | needless and indiscriminate proliferation, duplication, and |
| 4429 | fragmentation of such assistance programs, any unit of local |
| 4430 | government, any residents of which are insured by the |
| 4431 | association, may provide for the payment of losses, regardless |
| 4432 | of whether or not the losses occurred within or outside of the |
| 4433 | territorial jurisdiction of the local government. Revenue bonds |
| 4434 | may not be issued until validated pursuant to chapter 75, unless |
| 4435 | a state of emergency is declared by executive order or |
| 4436 | proclamation of the Governor pursuant to s. 252.36 making such |
| 4437 | findings as are necessary to determine that it is in the best |
| 4438 | interests of, and necessary for, the protection of the public |
| 4439 | health, safety, and general welfare of residents of this state |
| 4440 | and the protection and preservation of the economic stability of |
| 4441 | insurers operating in this state, and declaring it an essential |
| 4442 | public purpose to permit certain municipalities or counties to |
| 4443 | issue bonds as will provide relief to claimants and |
| 4444 | policyholders of the association and insurers responsible for |
| 4445 | apportionment of plan losses. Any such unit of local government |
| 4446 | may enter into such contracts with the association and with any |
| 4447 | other entity created pursuant to this subsection as are |
| 4448 | necessary to carry out this paragraph. Any bonds issued under |
| 4449 | this sub-subparagraph shall be payable from and secured by |
| 4450 | moneys received by the association from assessments under this |
| 4451 | subparagraph, and assigned and pledged to or on behalf of the |
| 4452 | unit of local government for the benefit of the holders of such |
| 4453 | bonds. The funds, credit, property, and taxing power of the |
| 4454 | state or of the unit of local government shall not be pledged |
| 4455 | for the payment of such bonds. If any of the bonds remain unsold |
| 4456 | 60 days after issuance, the department shall require all |
| 4457 | insurers subject to assessment to purchase the bonds, which |
| 4458 | shall be treated as admitted assets; each insurer shall be |
| 4459 | required to purchase that percentage of the unsold portion of |
| 4460 | the bond issue that equals the insurer's relative share of |
| 4461 | assessment liability under this subsection. An insurer shall not |
| 4462 | be required to purchase the bonds to the extent that the |
| 4463 | department determines that the purchase would endanger or impair |
| 4464 | the solvency of the insurer. The authority granted by this sub- |
| 4465 | subparagraph is additional to any bonding authority granted by |
| 4466 | subparagraph 6. |
| 4467 | 3. The plan shall also provide that any member with a |
| 4468 | surplus as to policyholders of $20 million or less writing 25 |
| 4469 | percent or more of its total countrywide property insurance |
| 4470 | premiums in this state may petition the department, within the |
| 4471 | first 90 days of each calendar year, to qualify as a limited |
| 4472 | apportionment company. The apportionment of such a member |
| 4473 | company in any calendar year for which it is qualified shall not |
| 4474 | exceed its gross participation, which shall not be affected by |
| 4475 | the formula for voluntary writings. In no event shall a limited |
| 4476 | apportionment company be required to participate in any |
| 4477 | apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I) |
| 4478 | or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds |
| 4479 | $50 million after payment of available plan funds in any |
| 4480 | calendar year. However, a limited apportionment company shall |
| 4481 | collect from its policyholders any emergency assessment imposed |
| 4482 | under sub-sub-subparagraph 2.d.(III). The plan shall provide |
| 4483 | that, if the department determines that any regular assessment |
| 4484 | will result in an impairment of the surplus of a limited |
| 4485 | apportionment company, the department may direct that all or |
| 4486 | part of such assessment be deferred. However, there shall be no |
| 4487 | limitation or deferment of an emergency assessment to be |
| 4488 | collected from policyholders under sub-sub-subparagraph |
| 4489 | 2.d.(III). |
| 4490 | 4. The plan shall provide for the deferment, in whole or |
| 4491 | in part, of a regular assessment of a member insurer under sub- |
| 4492 | sub-subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but |
| 4493 | not for an emergency assessment collected from policyholders |
| 4494 | under sub-sub-subparagraph 2.d.(III), if, in the opinion of the |
| 4495 | commissioner, payment of such regular assessment would endanger |
| 4496 | or impair the solvency of the member insurer. In the event a |
| 4497 | regular assessment against a member insurer is deferred in whole |
| 4498 | or in part, the amount by which such assessment is deferred may |
| 4499 | be assessed against the other member insurers in a manner |
| 4500 | consistent with the basis for assessments set forth in sub-sub- |
| 4501 | subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II). |
| 4502 | 5.a. The plan of operation may include deductibles and |
| 4503 | rules for classification of risks and rate modifications |
| 4504 | consistent with the objective of providing and maintaining funds |
| 4505 | sufficient to pay catastrophe losses. |
| 4506 | b. It is the intent of the Legislature that the rates for |
| 4507 | coverage provided by the association be actuarially sound and |
| 4508 | not competitive with approved rates charged in the admitted |
| 4509 | voluntary market such that the association functions as a |
| 4510 | residual market mechanism to provide insurance only when the |
| 4511 | insurance cannot be procured in the voluntary market. The plan |
| 4512 | of operation shall provide a mechanism to assure that, beginning |
| 4513 | no later than January 1, 1999, the rates charged by the |
| 4514 | association for each line of business are reflective of approved |
| 4515 | rates in the voluntary market for hurricane coverage for each |
| 4516 | line of business in the various areas eligible for association |
| 4517 | coverage. |
| 4518 | c. The association shall provide for windstorm coverage on |
| 4519 | residential properties in limits up to $10 million for |
| 4520 | commercial lines residential risks and up to $1 million for |
| 4521 | personal lines residential risks. If coverage with the |
| 4522 | association is sought for a residential risk valued in excess of |
| 4523 | these limits, coverage shall be available to the risk up to the |
| 4524 | replacement cost or actual cash value of the property, at the |
| 4525 | option of the insured, if coverage for the risk cannot be |
| 4526 | located in the authorized market. The association must accept a |
| 4527 | commercial lines residential risk with limits above $10 million |
| 4528 | or a personal lines residential risk with limits above $1 |
| 4529 | million if coverage is not available in the authorized market. |
| 4530 | The association may write coverage above the limits specified in |
| 4531 | this subparagraph with or without facultative or other |
| 4532 | reinsurance coverage, as the association determines appropriate. |
| 4533 | d. The plan of operation must provide objective criteria |
| 4534 | and procedures, approved by the department, to be uniformly |
| 4535 | applied for all applicants in determining whether an individual |
| 4536 | risk is so hazardous as to be uninsurable. In making this |
| 4537 | determination and in establishing the criteria and procedures, |
| 4538 | the following shall be considered: |
| 4539 | (I) Whether the likelihood of a loss for the individual |
| 4540 | risk is substantially higher than for other risks of the same |
| 4541 | class; and |
| 4542 | (II) Whether the uncertainty associated with the |
| 4543 | individual risk is such that an appropriate premium cannot be |
| 4544 | determined. |
| 4545 |
|
| 4546 | The acceptance or rejection of a risk by the association |
| 4547 | pursuant to such criteria and procedures must be construed as |
| 4548 | the private placement of insurance, and the provisions of |
| 4549 | chapter 120 do not apply. |
| 4550 | e. If the risk accepts an offer of coverage through the |
| 4551 | market assistance program or through a mechanism established by |
| 4552 | the association, either before the policy is issued by the |
| 4553 | association or during the first 30 days of coverage by the |
| 4554 | association, and the producing agent who submitted the |
| 4555 | application to the association is not currently appointed by the |
| 4556 | insurer, the insurer shall: |
| 4557 | (I) Pay to the producing agent of record of the policy, |
| 4558 | for the first year, an amount that is the greater of the |
| 4559 | insurer's usual and customary commission for the type of policy |
| 4560 | written or a fee equal to the usual and customary commission of |
| 4561 | the association; or |
| 4562 | (II) Offer to allow the producing agent of record of the |
| 4563 | policy to continue servicing the policy for a period of not less |
| 4564 | than 1 year and offer to pay the agent the greater of the |
| 4565 | insurer's or the association's usual and customary commission |
| 4566 | for the type of policy written. |
| 4567 |
|
| 4568 | If the producing agent is unwilling or unable to accept |
| 4569 | appointment, the new insurer shall pay the agent in accordance |
| 4570 | with sub-sub-subparagraph (I). Subject to the provisions of s. |
| 4571 | 627.3517, the policies issued by the association must provide |
| 4572 | that if the association obtains an offer from an authorized |
| 4573 | insurer to cover the risk at its approved rates under either a |
| 4574 | standard policy including wind coverage or, if consistent with |
| 4575 | the insurer's underwriting rules as filed with the department, a |
| 4576 | basic policy including wind coverage, the risk is no longer |
| 4577 | eligible for coverage through the association. Upon termination |
| 4578 | of eligibility, the association shall provide written notice to |
| 4579 | the policyholder and agent of record stating that the |
| 4580 | association policy must be canceled as of 60 days after the date |
| 4581 | of the notice because of the offer of coverage from an |
| 4582 | authorized insurer. Other provisions of the insurance code |
| 4583 | relating to cancellation and notice of cancellation do not apply |
| 4584 | to actions under this sub-subparagraph. |
| 4585 | f. When the association enters into a contractual |
| 4586 | agreement for a take-out plan, the producing agent of record of |
| 4587 | the association policy is entitled to retain any unearned |
| 4588 | commission on the policy, and the insurer shall: |
| 4589 | (I) Pay to the producing agent of record of the |
| 4590 | association policy, for the first year, an amount that is the |
| 4591 | greater of the insurer's usual and customary commission for the |
| 4592 | type of policy written or a fee equal to the usual and customary |
| 4593 | commission of the association; or |
| 4594 | (II) Offer to allow the producing agent of record of the |
| 4595 | association policy to continue servicing the policy for a period |
| 4596 | of not less than 1 year and offer to pay the agent the greater |
| 4597 | of the insurer's or the association's usual and customary |
| 4598 | commission for the type of policy written. |
| 4599 |
|
| 4600 | If the producing agent is unwilling or unable to accept |
| 4601 | appointment, the new insurer shall pay the agent in accordance |
| 4602 | with sub-sub-subparagraph (I). |
| 4603 | 6.a. The plan of operation may authorize the formation of |
| 4604 | a private nonprofit corporation, a private nonprofit |
| 4605 | unincorporated association, a partnership, a trust, a limited |
| 4606 | liability company, or a nonprofit mutual company which may be |
| 4607 | empowered, among other things, to borrow money by issuing bonds |
| 4608 | or by incurring other indebtedness and to accumulate reserves or |
| 4609 | funds to be used for the payment of insured catastrophe losses. |
| 4610 | The plan may authorize all actions necessary to facilitate the |
| 4611 | issuance of bonds, including the pledging of assessments or |
| 4612 | other revenues. |
| 4613 | b. Any entity created under this subsection, or any entity |
| 4614 | formed for the purposes of this subsection, may sue and be sued, |
| 4615 | may borrow money; issue bonds, notes, or debt instruments; |
| 4616 | pledge or sell assessments, market equalization surcharges and |
| 4617 | other surcharges, rights, premiums, contractual rights, |
| 4618 | projected recoveries from the Florida Hurricane Catastrophe |
| 4619 | Fund, other reinsurance recoverables, and other assets as |
| 4620 | security for such bonds, notes, or debt instruments; enter into |
| 4621 | any contracts or agreements necessary or proper to accomplish |
| 4622 | such borrowings; and take other actions necessary to carry out |
| 4623 | the purposes of this subsection. The association may issue bonds |
| 4624 | or incur other indebtedness, or have bonds issued on its behalf |
| 4625 | by a unit of local government pursuant to subparagraph (6)(q)2. |
| 4626 | (6)(p)2., in the absence of a hurricane or other weather-related |
| 4627 | event, upon a determination by the association subject to |
| 4628 | approval by the department that such action would enable it to |
| 4629 | efficiently meet the financial obligations of the association |
| 4630 | and that such financings are reasonably necessary to effectuate |
| 4631 | the requirements of this subsection. Any such entity may |
| 4632 | accumulate reserves and retain surpluses as of the end of any |
| 4633 | association year to provide for the payment of losses incurred |
| 4634 | by the association during that year or any future year. The |
| 4635 | association shall incorporate and continue the plan of operation |
| 4636 | and articles of agreement in effect on the effective date of |
| 4637 | chapter 76-96, Laws of Florida, to the extent that it is not |
| 4638 | inconsistent with chapter 76-96, and as subsequently modified |
| 4639 | consistent with chapter 76-96. The board of directors and |
| 4640 | officers currently serving shall continue to serve until their |
| 4641 | successors are duly qualified as provided under the plan. The |
| 4642 | assets and obligations of the plan in effect immediately prior |
| 4643 | to the effective date of chapter 76-96 shall be construed to be |
| 4644 | the assets and obligations of the successor plan created herein. |
| 4645 | c. In recognition of s. 10, Art. I of the State |
| 4646 | Constitution, prohibiting the impairment of obligations of |
| 4647 | contracts, it is the intent of the Legislature that no action be |
| 4648 | taken whose purpose is to impair any bond indenture or financing |
| 4649 | agreement or any revenue source committed by contract to such |
| 4650 | bond or other indebtedness issued or incurred by the association |
| 4651 | or any other entity created under this subsection. |
| 4652 | 7. On such coverage, an agent's remuneration shall be that |
| 4653 | amount of money payable to the agent by the terms of his or her |
| 4654 | contract with the company with which the business is placed. |
| 4655 | However, no commission will be paid on that portion of the |
| 4656 | premium which is in excess of the standard premium of that |
| 4657 | company. |
| 4658 | 8. Subject to approval by the department, the association |
| 4659 | may establish different eligibility requirements and operational |
| 4660 | procedures for any line or type of coverage for any specified |
| 4661 | eligible area or portion of an eligible area if the board |
| 4662 | determines that such changes to the eligibility requirements and |
| 4663 | operational procedures are justified due to the voluntary market |
| 4664 | being sufficiently stable and competitive in such area or for |
| 4665 | such line or type of coverage and that consumers who, in good |
| 4666 | faith, are unable to obtain insurance through the voluntary |
| 4667 | market through ordinary methods would continue to have access to |
| 4668 | coverage from the association. When coverage is sought in |
| 4669 | connection with a real property transfer, such requirements and |
| 4670 | procedures shall not provide for an effective date of coverage |
| 4671 | later than the date of the closing of the transfer as |
| 4672 | established by the transferor, the transferee, and, if |
| 4673 | applicable, the lender. |
| 4674 | 9. Notwithstanding any other provision of law: |
| 4675 | a. The pledge or sale of, the lien upon, and the security |
| 4676 | interest in any rights, revenues, or other assets of the |
| 4677 | association created or purported to be created pursuant to any |
| 4678 | financing documents to secure any bonds or other indebtedness of |
| 4679 | the association shall be and remain valid and enforceable, |
| 4680 | notwithstanding the commencement of and during the continuation |
| 4681 | of, and after, any rehabilitation, insolvency, liquidation, |
| 4682 | bankruptcy, receivership, conservatorship, reorganization, or |
| 4683 | similar proceeding against the association under the laws of |
| 4684 | this state or any other applicable laws. |
| 4685 | b. No such proceeding shall relieve the association of its |
| 4686 | obligation, or otherwise affect its ability to perform its |
| 4687 | obligation, to continue to collect, or levy and collect, |
| 4688 | assessments, market equalization or other surcharges, projected |
| 4689 | recoveries from the Florida Hurricane Catastrophe Fund, |
| 4690 | reinsurance recoverables, or any other rights, revenues, or |
| 4691 | other assets of the association pledged. |
| 4692 | c. Each such pledge or sale of, lien upon, and security |
| 4693 | interest in, including the priority of such pledge, lien, or |
| 4694 | security interest, any such assessments, emergency assessments, |
| 4695 | market equalization or renewal surcharges, projected recoveries |
| 4696 | from the Florida Hurricane Catastrophe Fund, reinsurance |
| 4697 | recoverables, or other rights, revenues, or other assets which |
| 4698 | are collected, or levied and collected, after the commencement |
| 4699 | of and during the pendency of or after any such proceeding shall |
| 4700 | continue unaffected by such proceeding. |
| 4701 | d. As used in this subsection, the term "financing |
| 4702 | documents" means any agreement, instrument, or other document |
| 4703 | now existing or hereafter created evidencing any bonds or other |
| 4704 | indebtedness of the association or pursuant to which any such |
| 4705 | bonds or other indebtedness has been or may be issued and |
| 4706 | pursuant to which any rights, revenues, or other assets of the |
| 4707 | association are pledged or sold to secure the repayment of such |
| 4708 | bonds or indebtedness, together with the payment of interest on |
| 4709 | such bonds or such indebtedness, or the payment of any other |
| 4710 | obligation of the association related to such bonds or |
| 4711 | indebtedness. |
| 4712 | e. Any such pledge or sale of assessments, revenues, |
| 4713 | contract rights or other rights or assets of the association |
| 4714 | shall constitute a lien and security interest, or sale, as the |
| 4715 | case may be, that is immediately effective and attaches to such |
| 4716 | assessments, revenues, contract, or other rights or assets, |
| 4717 | whether or not imposed or collected at the time the pledge or |
| 4718 | sale is made. Any such pledge or sale is effective, valid, |
| 4719 | binding, and enforceable against the association or other entity |
| 4720 | making such pledge or sale, and valid and binding against and |
| 4721 | superior to any competing claims or obligations owed to any |
| 4722 | other person or entity, including policyholders in this state, |
| 4723 | asserting rights in any such assessments, revenues, contract, or |
| 4724 | other rights or assets to the extent set forth in and in |
| 4725 | accordance with the terms of the pledge or sale contained in the |
| 4726 | applicable financing documents, whether or not any such person |
| 4727 | or entity has notice of such pledge or sale and without the need |
| 4728 | for any physical delivery, recordation, filing, or other action. |
| 4729 | f. There shall be no liability on the part of, and no |
| 4730 | cause of action of any nature shall arise against, any member |
| 4731 | insurer or its agents or employees, agents or employees of the |
| 4732 | association, members of the board of directors of the |
| 4733 | association, or the department or its representatives, for any |
| 4734 | action taken by them in the performance of their duties or |
| 4735 | responsibilities under this subsection. Such immunity does not |
| 4736 | apply to actions for breach of any contract or agreement |
| 4737 | pertaining to insurance, or any willful tort. |
| 4738 | (6) CITIZENS PROPERTY INSURANCE CORPORATION.- |
| 4739 | (b)1. All insurers authorized to write one or more subject |
| 4740 | lines of business in this state are subject to assessment by the |
| 4741 | corporation and, for the purposes of this subsection, are |
| 4742 | referred to collectively as "assessable insurers." Insurers |
| 4743 | writing one or more subject lines of business in this state |
| 4744 | pursuant to part VIII of chapter 626 are not assessable |
| 4745 | insurers, but insureds who procure one or more subject lines of |
| 4746 | business in this state pursuant to part VIII of chapter 626 are |
| 4747 | subject to assessment by the corporation and are referred to |
| 4748 | collectively as "assessable insureds." An authorized insurer's |
| 4749 | assessment liability shall begin on the first day of the |
| 4750 | calendar year following the year in which the insurer was issued |
| 4751 | a certificate of authority to transact insurance for subject |
| 4752 | lines of business in this state and shall terminate 1 year after |
| 4753 | the end of the first calendar year during which the insurer no |
| 4754 | longer holds a certificate of authority to transact insurance |
| 4755 | for subject lines of business in this state. |
| 4756 | 2.a. All revenues, assets, liabilities, losses, and |
| 4757 | expenses of the corporation shall be divided into three separate |
| 4758 | accounts as follows: |
| 4759 | (I) A personal lines account for personal residential |
| 4760 | policies issued by the corporation or issued by the Residential |
| 4761 | Property and Casualty Joint Underwriting Association and renewed |
| 4762 | by the corporation that provide comprehensive, multiperil |
| 4763 | coverage on risks that are not located in areas eligible for |
| 4764 | coverage in the Florida Windstorm Underwriting Association as |
| 4765 | those areas were defined on January 1, 2002, and for such |
| 4766 | policies that do not provide coverage for the peril of wind on |
| 4767 | risks that are located in such areas; |
| 4768 | (II) A commercial lines account for commercial residential |
| 4769 | and commercial nonresidential policies issued by the corporation |
| 4770 | or issued by the Residential Property and Casualty Joint |
| 4771 | Underwriting Association and renewed by the corporation that |
| 4772 | provide coverage for basic property perils on risks that are not |
| 4773 | located in areas eligible for coverage in the Florida Windstorm |
| 4774 | Underwriting Association as those areas were defined on January |
| 4775 | 1, 2002, and for such policies that do not provide coverage for |
| 4776 | the peril of wind on risks that are located in such areas; and |
| 4777 | (III) A high-risk account for personal residential |
| 4778 | policies and commercial residential and commercial |
| 4779 | nonresidential property policies issued by the corporation or |
| 4780 | transferred to the corporation that provide coverage for the |
| 4781 | peril of wind on risks that are located in areas eligible for |
| 4782 | coverage in the Florida Windstorm Underwriting Association as |
| 4783 | those areas were defined on January 1, 2002. The corporation may |
| 4784 | offer policies that provide multiperil coverage and the |
| 4785 | corporation shall continue to offer policies that provide |
| 4786 | coverage only for the peril of wind for risks located in areas |
| 4787 | eligible for coverage in the high-risk account. In issuing |
| 4788 | multiperil coverage, the corporation may use its approved policy |
| 4789 | forms and rates for the personal lines account. An applicant or |
| 4790 | insured who is eligible to purchase a multiperil policy from the |
| 4791 | corporation may purchase a multiperil policy from an authorized |
| 4792 | insurer without prejudice to the applicant's or insured's |
| 4793 | eligibility to prospectively purchase a policy that provides |
| 4794 | coverage only for the peril of wind from the corporation. An |
| 4795 | applicant or insured who is eligible for a corporation policy |
| 4796 | that provides coverage only for the peril of wind may elect to |
| 4797 | purchase or retain such policy and also purchase or retain |
| 4798 | coverage excluding wind from an authorized insurer without |
| 4799 | prejudice to the applicant's or insured's eligibility to |
| 4800 | prospectively purchase a policy that provides multiperil |
| 4801 | coverage from the corporation. It is the goal of the Legislature |
| 4802 | that there would be an overall average savings of 10 percent or |
| 4803 | more for a policyholder who currently has a wind-only policy |
| 4804 | with the corporation, and an ex-wind policy with a voluntary |
| 4805 | insurer or the corporation, and who then obtains a multiperil |
| 4806 | policy from the corporation. It is the intent of the Legislature |
| 4807 | that the offer of multiperil coverage in the high-risk account |
| 4808 | be made and implemented in a manner that does not adversely |
| 4809 | affect the tax-exempt status of the corporation or |
| 4810 | creditworthiness of or security for currently outstanding |
| 4811 | financing obligations or credit facilities of the high-risk |
| 4812 | account, the personal lines account, or the commercial lines |
| 4813 | account. The high-risk account must also include quota share |
| 4814 | primary insurance under subparagraph (c)2. The area eligible for |
| 4815 | coverage under the high-risk account also includes the area |
| 4816 | within Port Canaveral, which is bordered on the south by the |
| 4817 | City of Cape Canaveral, bordered on the west by the Banana |
| 4818 | River, and bordered on the north by Federal Government property. |
| 4819 | b. The three separate accounts must be maintained as long |
| 4820 | as financing obligations entered into by the Florida Windstorm |
| 4821 | Underwriting Association or Residential Property and Casualty |
| 4822 | Joint Underwriting Association are outstanding, in accordance |
| 4823 | with the terms of the corresponding financing documents. When |
| 4824 | the financing obligations are no longer outstanding, in |
| 4825 | accordance with the terms of the corresponding financing |
| 4826 | documents, the corporation may use a single account for all |
| 4827 | revenues, assets, liabilities, losses, and expenses of the |
| 4828 | corporation. Consistent with the requirement of this |
| 4829 | subparagraph and prudent investment policies that minimize the |
| 4830 | cost of carrying debt, the board shall exercise its best efforts |
| 4831 | to retire existing debt or to obtain approval of necessary |
| 4832 | parties to amend the terms of existing debt, so as to structure |
| 4833 | the most efficient plan to consolidate the three separate |
| 4834 | accounts into a single account. By February 1, 2007, the board |
| 4835 | shall submit a report to the Financial Services Commission, the |
| 4836 | President of the Senate, and the Speaker of the House of |
| 4837 | Representatives which includes an analysis of consolidating the |
| 4838 | accounts, the actions the board has taken to minimize the cost |
| 4839 | of carrying debt, and its recommendations for executing the most |
| 4840 | efficient plan. |
| 4841 | c. Creditors of the Residential Property and Casualty |
| 4842 | Joint Underwriting Association and of the accounts specified in |
| 4843 | sub-sub-subparagraphs a.(I) and (II) may have a claim against, |
| 4844 | and recourse to, the accounts referred to in sub-sub- |
| 4845 | subparagraphs a.(I) and (II) and shall have no claim against, or |
| 4846 | recourse to, the account referred to in sub-sub-subparagraph |
| 4847 | a.(III). Creditors of the Florida Windstorm Underwriting |
| 4848 | Association shall have a claim against, and recourse to, the |
| 4849 | account referred to in sub-sub-subparagraph a.(III) and shall |
| 4850 | have no claim against, or recourse to, the accounts referred to |
| 4851 | in sub-sub-subparagraphs a.(I) and (II). |
| 4852 | d. Revenues, assets, liabilities, losses, and expenses not |
| 4853 | attributable to particular accounts shall be prorated among the |
| 4854 | accounts. |
| 4855 | e. The Legislature finds that the revenues of the |
| 4856 | corporation are revenues that are necessary to meet the |
| 4857 | requirements set forth in documents authorizing the issuance of |
| 4858 | bonds under this subsection. |
| 4859 | f. No part of the income of the corporation may inure to |
| 4860 | the benefit of any private person. |
| 4861 | 3. With respect to a deficit in an account: |
| 4862 | a. After accounting for the Citizens policyholder |
| 4863 | surcharge imposed under sub-subparagraph i., when the remaining |
| 4864 | projected deficit incurred in a particular calendar year is not |
| 4865 | greater than 6 percent of the aggregate statewide direct written |
| 4866 | premium for the subject lines of business for the prior calendar |
| 4867 | year, the entire deficit shall be recovered through regular |
| 4868 | assessments of assessable insurers under paragraph (q) (p) and |
| 4869 | assessable insureds. |
| 4870 | b. After accounting for the Citizens policyholder |
| 4871 | surcharge imposed under sub-subparagraph i., when the remaining |
| 4872 | projected deficit incurred in a particular calendar year exceeds |
| 4873 | 6 percent of the aggregate statewide direct written premium for |
| 4874 | the subject lines of business for the prior calendar year, the |
| 4875 | corporation shall levy regular assessments on assessable |
| 4876 | insurers under paragraph (q) (p) and on assessable insureds in |
| 4877 | an amount equal to the greater of 6 percent of the deficit or 6 |
| 4878 | percent of the aggregate statewide direct written premium for |
| 4879 | the subject lines of business for the prior calendar year. Any |
| 4880 | remaining deficit shall be recovered through emergency |
| 4881 | assessments under sub-subparagraph d. |
| 4882 | c. Each assessable insurer's share of the amount being |
| 4883 | assessed under sub-subparagraph a. or sub-subparagraph b. shall |
| 4884 | be in the proportion that the assessable insurer's direct |
| 4885 | written premium for the subject lines of business for the year |
| 4886 | preceding the assessment bears to the aggregate statewide direct |
| 4887 | written premium for the subject lines of business for that year. |
| 4888 | The assessment percentage applicable to each assessable insured |
| 4889 | is the ratio of the amount being assessed under sub-subparagraph |
| 4890 | a. or sub-subparagraph b. to the aggregate statewide direct |
| 4891 | written premium for the subject lines of business for the prior |
| 4892 | year. Assessments levied by the corporation on assessable |
| 4893 | insurers under sub-subparagraphs a. and b. shall be paid as |
| 4894 | required by the corporation's plan of operation and paragraph |
| 4895 | (q) (p). Assessments levied by the corporation on assessable |
| 4896 | insureds under sub-subparagraphs a. and b. shall be collected by |
| 4897 | the surplus lines agent at the time the surplus lines agent |
| 4898 | collects the surplus lines tax required by s. 626.932 and shall |
| 4899 | be paid to the Florida Surplus Lines Service Office at the time |
| 4900 | the surplus lines agent pays the surplus lines tax to the |
| 4901 | Florida Surplus Lines Service Office. Upon receipt of regular |
| 4902 | assessments from surplus lines agents, the Florida Surplus Lines |
| 4903 | Service Office shall transfer the assessments directly to the |
| 4904 | corporation as determined by the corporation. |
| 4905 | d. Upon a determination by the board of governors that a |
| 4906 | deficit in an account exceeds the amount that will be recovered |
| 4907 | through regular assessments under sub-subparagraph a. or sub- |
| 4908 | subparagraph b., plus the amount that is expected to be |
| 4909 | recovered through surcharges under sub-subparagraph i., as to |
| 4910 | the remaining projected deficit the board shall levy, after |
| 4911 | verification by the office, emergency assessments, for as many |
| 4912 | years as necessary to cover the deficits, to be collected by |
| 4913 | assessable insurers and the corporation and collected from |
| 4914 | assessable insureds upon issuance or renewal of policies for |
| 4915 | subject lines of business, excluding National Flood Insurance |
| 4916 | policies. The amount of the emergency assessment collected in a |
| 4917 | particular year shall be a uniform percentage of that year's |
| 4918 | direct written premium for subject lines of business and all |
| 4919 | accounts of the corporation, excluding National Flood Insurance |
| 4920 | Program policy premiums, as annually determined by the board and |
| 4921 | verified by the office. The office shall verify the arithmetic |
| 4922 | calculations involved in the board's determination within 30 |
| 4923 | days after receipt of the information on which the determination |
| 4924 | was based. Notwithstanding any other provision of law, the |
| 4925 | corporation and each assessable insurer that writes subject |
| 4926 | lines of business shall collect emergency assessments from its |
| 4927 | policyholders without such obligation being affected by any |
| 4928 | credit, limitation, exemption, or deferment. Emergency |
| 4929 | assessments levied by the corporation on assessable insureds |
| 4930 | shall be collected by the surplus lines agent at the time the |
| 4931 | surplus lines agent collects the surplus lines tax required by |
| 4932 | s. 626.932 and shall be paid to the Florida Surplus Lines |
| 4933 | Service Office at the time the surplus lines agent pays the |
| 4934 | surplus lines tax to the Florida Surplus Lines Service Office. |
| 4935 | The emergency assessments so collected shall be transferred |
| 4936 | directly to the corporation on a periodic basis as determined by |
| 4937 | the corporation and shall be held by the corporation solely in |
| 4938 | the applicable account. The aggregate amount of emergency |
| 4939 | assessments levied for an account under this sub-subparagraph in |
| 4940 | any calendar year may, at the discretion of the board of |
| 4941 | governors, be less than but may not exceed the greater of 10 |
| 4942 | percent of the amount needed to cover the deficit, plus |
| 4943 | interest, fees, commissions, required reserves, and other costs |
| 4944 | associated with financing of the original deficit, or 10 percent |
| 4945 | of the aggregate statewide direct written premium for subject |
| 4946 | lines of business and for all accounts of the corporation for |
| 4947 | the prior year, plus interest, fees, commissions, required |
| 4948 | reserves, and other costs associated with financing the deficit. |
| 4949 | e. The corporation may pledge the proceeds of assessments, |
| 4950 | projected recoveries from the Florida Hurricane Catastrophe |
| 4951 | Fund, other insurance and reinsurance recoverables, policyholder |
| 4952 | surcharges and other surcharges, and other funds available to |
| 4953 | the corporation as the source of revenue for and to secure bonds |
| 4954 | issued under paragraph (q) (p), bonds or other indebtedness |
| 4955 | issued under subparagraph (c)3., or lines of credit or other |
| 4956 | financing mechanisms issued or created under this subsection, or |
| 4957 | to retire any other debt incurred as a result of deficits or |
| 4958 | events giving rise to deficits, or in any other way that the |
| 4959 | board determines will efficiently recover such deficits. The |
| 4960 | purpose of the lines of credit or other financing mechanisms is |
| 4961 | to provide additional resources to assist the corporation in |
| 4962 | covering claims and expenses attributable to a catastrophe. As |
| 4963 | used in this subsection, the term "assessments" includes regular |
| 4964 | assessments under sub-subparagraph a., sub-subparagraph b., or |
| 4965 | subparagraph (q)1. (p)1. and emergency assessments under sub- |
| 4966 | subparagraph d. Emergency assessments collected under sub- |
| 4967 | subparagraph d. are not part of an insurer's rates, are not |
| 4968 | premium, and are not subject to premium tax, fees, or |
| 4969 | commissions; however, failure to pay the emergency assessment |
| 4970 | shall be treated as failure to pay premium. The emergency |
| 4971 | assessments under sub-subparagraph d. shall continue as long as |
| 4972 | any bonds issued or other indebtedness incurred with respect to |
| 4973 | a deficit for which the assessment was imposed remain |
| 4974 | outstanding, unless adequate provision has been made for the |
| 4975 | payment of such bonds or other indebtedness pursuant to the |
| 4976 | documents governing such bonds or other indebtedness. |
| 4977 | f. As used in this subsection for purposes of any deficit |
| 4978 | incurred on or after January 25, 2007, the term "subject lines |
| 4979 | of business" means insurance written by assessable insurers or |
| 4980 | procured by assessable insureds for all property and casualty |
| 4981 | lines of business in this state, but not including workers' |
| 4982 | compensation or medical malpractice. As used in the sub- |
| 4983 | subparagraph, the term "property and casualty lines of business" |
| 4984 | includes all lines of business identified on Form 2, Exhibit of |
| 4985 | Premiums and Losses, in the annual statement required of |
| 4986 | authorized insurers by s. 624.424 and any rule adopted under |
| 4987 | this section, except for those lines identified as accident and |
| 4988 | health insurance and except for policies written under the |
| 4989 | National Flood Insurance Program or the Federal Crop Insurance |
| 4990 | Program. For purposes of this sub-subparagraph, the term |
| 4991 | "workers' compensation" includes both workers' compensation |
| 4992 | insurance and excess workers' compensation insurance. |
| 4993 | g. The Florida Surplus Lines Service Office shall |
| 4994 | determine annually the aggregate statewide written premium in |
| 4995 | subject lines of business procured by assessable insureds and |
| 4996 | shall report that information to the corporation in a form and |
| 4997 | at a time the corporation specifies to ensure that the |
| 4998 | corporation can meet the requirements of this subsection and the |
| 4999 | corporation's financing obligations. |
| 5000 | h. The Florida Surplus Lines Service Office shall verify |
| 5001 | the proper application by surplus lines agents of assessment |
| 5002 | percentages for regular assessments and emergency assessments |
| 5003 | levied under this subparagraph on assessable insureds and shall |
| 5004 | assist the corporation in ensuring the accurate, timely |
| 5005 | collection and payment of assessments by surplus lines agents as |
| 5006 | required by the corporation. |
| 5007 | i. If a deficit is incurred in any account in 2008 or |
| 5008 | thereafter, the board of governors shall levy a Citizens |
| 5009 | policyholder surcharge against all policyholders of the |
| 5010 | corporation for a 12-month period, which shall be collected at |
| 5011 | the time of issuance or renewal of a policy, as a uniform |
| 5012 | percentage of the premium for the policy of up to 15 percent of |
| 5013 | such premium, which funds shall be used to offset the deficit. |
| 5014 | Citizens policyholder surcharges under this sub-subparagraph are |
| 5015 | not considered premium and are not subject to commissions, fees, |
| 5016 | or premium taxes. However, failure to pay such surcharges shall |
| 5017 | be treated as failure to pay premium. |
| 5018 | j. If the amount of any assessments or surcharges |
| 5019 | collected from corporation policyholders, assessable insurers or |
| 5020 | their policyholders, or assessable insureds exceeds the amount |
| 5021 | of the deficits, such excess amounts shall be remitted to and |
| 5022 | retained by the corporation in a reserve to be used by the |
| 5023 | corporation, as determined by the board of governors and |
| 5024 | approved by the office, to pay claims or reduce any past, |
| 5025 | present, or future plan-year deficits or to reduce outstanding |
| 5026 | debt. |
| 5027 | (c) The plan of operation of the corporation: |
| 5028 | 1. Must provide for adoption of residential property and |
| 5029 | casualty insurance policy forms and commercial residential and |
| 5030 | nonresidential property insurance forms, which forms must be |
| 5031 | approved by the office prior to use. The corporation shall adopt |
| 5032 | the following policy forms: |
| 5033 | a. Standard personal lines policy forms that are |
| 5034 | comprehensive multiperil policies providing full coverage of a |
| 5035 | residential property equivalent to the coverage provided in the |
| 5036 | private insurance market under an HO-3, HO-4, or HO-6 policy. |
| 5037 | b. Basic personal lines policy forms that are policies |
| 5038 | similar to an HO-8 policy or a dwelling fire policy that provide |
| 5039 | coverage meeting the requirements of the secondary mortgage |
| 5040 | market, but which coverage is more limited than the coverage |
| 5041 | under a standard policy. |
| 5042 | c. Commercial lines residential and nonresidential policy |
| 5043 | forms that are generally similar to the basic perils of full |
| 5044 | coverage obtainable for commercial residential structures and |
| 5045 | commercial nonresidential structures in the admitted voluntary |
| 5046 | market. |
| 5047 | d. Personal lines and commercial lines residential |
| 5048 | property insurance forms that cover the peril of wind only. The |
| 5049 | forms are applicable only to residential properties located in |
| 5050 | areas eligible for coverage under the high-risk account referred |
| 5051 | to in sub-subparagraph (b)2.a. |
| 5052 | e. Commercial lines nonresidential property insurance |
| 5053 | forms that cover the peril of wind only. The forms are |
| 5054 | applicable only to nonresidential properties located in areas |
| 5055 | eligible for coverage under the high-risk account referred to in |
| 5056 | sub-subparagraph (b)2.a. |
| 5057 | f. The corporation may adopt variations of the policy |
| 5058 | forms listed in sub-subparagraphs a.-e. that contain more |
| 5059 | restrictive coverage. |
| 5060 | 2.a. Must provide that the corporation adopt a program in |
| 5061 | which the corporation and authorized insurers enter into quota |
| 5062 | share primary insurance agreements for hurricane coverage, as |
| 5063 | defined in s. 627.4025(2)(a), for eligible risks, and adopt |
| 5064 | property insurance forms for eligible risks which cover the |
| 5065 | peril of wind only. As used in this subsection, the term: |
| 5066 | (I) "Quota share primary insurance" means an arrangement |
| 5067 | in which the primary hurricane coverage of an eligible risk is |
| 5068 | provided in specified percentages by the corporation and an |
| 5069 | authorized insurer. The corporation and authorized insurer are |
| 5070 | each solely responsible for a specified percentage of hurricane |
| 5071 | coverage of an eligible risk as set forth in a quota share |
| 5072 | primary insurance agreement between the corporation and an |
| 5073 | authorized insurer and the insurance contract. The |
| 5074 | responsibility of the corporation or authorized insurer to pay |
| 5075 | its specified percentage of hurricane losses of an eligible |
| 5076 | risk, as set forth in the quota share primary insurance |
| 5077 | agreement, may not be altered by the inability of the other |
| 5078 | party to the agreement to pay its specified percentage of |
| 5079 | hurricane losses. Eligible risks that are provided hurricane |
| 5080 | coverage through a quota share primary insurance arrangement |
| 5081 | must be provided policy forms that set forth the obligations of |
| 5082 | the corporation and authorized insurer under the arrangement, |
| 5083 | clearly specify the percentages of quota share primary insurance |
| 5084 | provided by the corporation and authorized insurer, and |
| 5085 | conspicuously and clearly state that neither the authorized |
| 5086 | insurer nor the corporation may be held responsible beyond its |
| 5087 | specified percentage of coverage of hurricane losses. |
| 5088 | (II) "Eligible risks" means personal lines residential and |
| 5089 | commercial lines residential risks that meet the underwriting |
| 5090 | criteria of the corporation and are located in areas that were |
| 5091 | eligible for coverage by the Florida Windstorm Underwriting |
| 5092 | Association on January 1, 2002. |
| 5093 | b. The corporation may enter into quota share primary |
| 5094 | insurance agreements with authorized insurers at corporation |
| 5095 | coverage levels of 90 percent and 50 percent. |
| 5096 | c. If the corporation determines that additional coverage |
| 5097 | levels are necessary to maximize participation in quota share |
| 5098 | primary insurance agreements by authorized insurers, the |
| 5099 | corporation may establish additional coverage levels. However, |
| 5100 | the corporation's quota share primary insurance coverage level |
| 5101 | may not exceed 90 percent. |
| 5102 | d. Any quota share primary insurance agreement entered |
| 5103 | into between an authorized insurer and the corporation must |
| 5104 | provide for a uniform specified percentage of coverage of |
| 5105 | hurricane losses, by county or territory as set forth by the |
| 5106 | corporation board, for all eligible risks of the authorized |
| 5107 | insurer covered under the quota share primary insurance |
| 5108 | agreement. |
| 5109 | e. Any quota share primary insurance agreement entered |
| 5110 | into between an authorized insurer and the corporation is |
| 5111 | subject to review and approval by the office. However, such |
| 5112 | agreement shall be authorized only as to insurance contracts |
| 5113 | entered into between an authorized insurer and an insured who is |
| 5114 | already insured by the corporation for wind coverage. |
| 5115 | f. For all eligible risks covered under quota share |
| 5116 | primary insurance agreements, the exposure and coverage levels |
| 5117 | for both the corporation and authorized insurers shall be |
| 5118 | reported by the corporation to the Florida Hurricane Catastrophe |
| 5119 | Fund. For all policies of eligible risks covered under quota |
| 5120 | share primary insurance agreements, the corporation and the |
| 5121 | authorized insurer shall maintain complete and accurate records |
| 5122 | for the purpose of exposure and loss reimbursement audits as |
| 5123 | required by Florida Hurricane Catastrophe Fund rules. The |
| 5124 | corporation and the authorized insurer shall each maintain |
| 5125 | duplicate copies of policy declaration pages and supporting |
| 5126 | claims documents. |
| 5127 | g. The corporation board shall establish in its plan of |
| 5128 | operation standards for quota share agreements which ensure that |
| 5129 | there is no discriminatory application among insurers as to the |
| 5130 | terms of quota share agreements, pricing of quota share |
| 5131 | agreements, incentive provisions if any, and consideration paid |
| 5132 | for servicing policies or adjusting claims. |
| 5133 | h. The quota share primary insurance agreement between the |
| 5134 | corporation and an authorized insurer must set forth the |
| 5135 | specific terms under which coverage is provided, including, but |
| 5136 | not limited to, the sale and servicing of policies issued under |
| 5137 | the agreement by the insurance agent of the authorized insurer |
| 5138 | producing the business, the reporting of information concerning |
| 5139 | eligible risks, the payment of premium to the corporation, and |
| 5140 | arrangements for the adjustment and payment of hurricane claims |
| 5141 | incurred on eligible risks by the claims adjuster and personnel |
| 5142 | of the authorized insurer. Entering into a quota sharing |
| 5143 | insurance agreement between the corporation and an authorized |
| 5144 | insurer shall be voluntary and at the discretion of the |
| 5145 | authorized insurer. |
| 5146 | 3. May provide that the corporation may employ or |
| 5147 | otherwise contract with individuals or other entities to provide |
| 5148 | administrative or professional services that may be appropriate |
| 5149 | to effectuate the plan. The corporation shall have the power to |
| 5150 | borrow funds, by issuing bonds or by incurring other |
| 5151 | indebtedness, and shall have other powers reasonably necessary |
| 5152 | to effectuate the requirements of this subsection, including, |
| 5153 | without limitation, the power to issue bonds and incur other |
| 5154 | indebtedness in order to refinance outstanding bonds or other |
| 5155 | indebtedness. The corporation may, but is not required to, seek |
| 5156 | judicial validation of its bonds or other indebtedness under |
| 5157 | chapter 75. The corporation may issue bonds or incur other |
| 5158 | indebtedness, or have bonds issued on its behalf by a unit of |
| 5159 | local government pursuant to subparagraph (q)2. (p)2., in the |
| 5160 | absence of a hurricane or other weather-related event, upon a |
| 5161 | determination by the corporation, subject to approval by the |
| 5162 | office, that such action would enable it to efficiently meet the |
| 5163 | financial obligations of the corporation and that such |
| 5164 | financings are reasonably necessary to effectuate the |
| 5165 | requirements of this subsection. The corporation is authorized |
| 5166 | to take all actions needed to facilitate tax-free status for any |
| 5167 | such bonds or indebtedness, including formation of trusts or |
| 5168 | other affiliated entities. The corporation shall have the |
| 5169 | authority to pledge assessments, projected recoveries from the |
| 5170 | Florida Hurricane Catastrophe Fund, other reinsurance |
| 5171 | recoverables, market equalization and other surcharges, and |
| 5172 | other funds available to the corporation as security for bonds |
| 5173 | or other indebtedness. In recognition of s. 10, Art. I of the |
| 5174 | State Constitution, prohibiting the impairment of obligations of |
| 5175 | contracts, it is the intent of the Legislature that no action be |
| 5176 | taken whose purpose is to impair any bond indenture or financing |
| 5177 | agreement or any revenue source committed by contract to such |
| 5178 | bond or other indebtedness. |
| 5179 | 4.a. Must require that the corporation operate subject to |
| 5180 | the supervision and approval of a board of governors consisting |
| 5181 | of eight individuals who are residents of this state, from |
| 5182 | different geographical areas of this state. The Governor, the |
| 5183 | Chief Financial Officer, the President of the Senate, and the |
| 5184 | Speaker of the House of Representatives shall each appoint two |
| 5185 | members of the board. At least one of the two members appointed |
| 5186 | by each appointing officer must have demonstrated expertise in |
| 5187 | insurance. The Chief Financial Officer shall designate one of |
| 5188 | the appointees as chair. All board members serve at the pleasure |
| 5189 | of the appointing officer. All members of the board of governors |
| 5190 | are subject to removal at will by the officers who appointed |
| 5191 | them. All board members, including the chair, must be appointed |
| 5192 | to serve for 3-year terms beginning annually on a date |
| 5193 | designated by the plan. However, for the first term beginning on |
| 5194 | or after July 1, 2009, each appointing officer shall appoint one |
| 5195 | member of the board for a 2-year term and one member for a 3- |
| 5196 | year term. Any board vacancy shall be filled for the unexpired |
| 5197 | term by the appointing officer. The Chief Financial Officer |
| 5198 | shall appoint a technical advisory group to provide information |
| 5199 | and advice to the board of governors in connection with the |
| 5200 | board's duties under this subsection. The executive director and |
| 5201 | senior managers of the corporation shall be engaged by the board |
| 5202 | and serve at the pleasure of the board. Any executive director |
| 5203 | appointed on or after July 1, 2006, is subject to confirmation |
| 5204 | by the Senate. The executive director is responsible for |
| 5205 | employing other staff as the corporation may require, subject to |
| 5206 | review and concurrence by the board. |
| 5207 | b. The board shall create a Market Accountability Advisory |
| 5208 | Committee to assist the corporation in developing awareness of |
| 5209 | its rates and its customer and agent service levels in |
| 5210 | relationship to the voluntary market insurers writing similar |
| 5211 | coverage. The members of the advisory committee shall consist of |
| 5212 | the following 11 persons, one of whom must be elected chair by |
| 5213 | the members of the committee: four representatives, one |
| 5214 | appointed by the Florida Association of Insurance Agents, one by |
| 5215 | the Florida Association of Insurance and Financial Advisors, one |
| 5216 | by the Professional Insurance Agents of Florida, and one by the |
| 5217 | Latin American Association of Insurance Agencies; three |
| 5218 | representatives appointed by the insurers with the three highest |
| 5219 | voluntary market share of residential property insurance |
| 5220 | business in the state; one representative from the Office of |
| 5221 | Insurance Regulation; one consumer appointed by the board who is |
| 5222 | insured by the corporation at the time of appointment to the |
| 5223 | committee; one representative appointed by the Florida |
| 5224 | Association of Realtors; and one representative appointed by the |
| 5225 | Florida Bankers Association. All members must serve for 3-year |
| 5226 | terms and may serve for consecutive terms. The committee shall |
| 5227 | report to the corporation at each board meeting on insurance |
| 5228 | market issues which may include rates and rate competition with |
| 5229 | the voluntary market; service, including policy issuance, claims |
| 5230 | processing, and general responsiveness to policyholders, |
| 5231 | applicants, and agents; and matters relating to depopulation. |
| 5232 | 5. Must provide a procedure for determining the |
| 5233 | eligibility of a risk for coverage, as follows: |
| 5234 | a. Subject to the provisions of s. 627.3517, with respect |
| 5235 | to personal lines residential risks, if the risk is offered |
| 5236 | coverage from an authorized insurer at the insurer's approved |
| 5237 | rate under either a standard policy including wind coverage or, |
| 5238 | if consistent with the insurer's underwriting rules as filed |
| 5239 | with the office, a basic policy including wind coverage, for a |
| 5240 | new application to the corporation for coverage, the risk is not |
| 5241 | eligible for any policy issued by the corporation unless the |
| 5242 | premium for coverage from the authorized insurer is more than 15 |
| 5243 | percent greater than the premium for comparable coverage from |
| 5244 | the corporation. If the risk is not able to obtain any such |
| 5245 | offer, the risk is eligible for either a standard policy |
| 5246 | including wind coverage or a basic policy including wind |
| 5247 | coverage issued by the corporation; however, if the risk could |
| 5248 | not be insured under a standard policy including wind coverage |
| 5249 | regardless of market conditions, the risk shall be eligible for |
| 5250 | a basic policy including wind coverage unless rejected under |
| 5251 | subparagraph 8. However, with regard to a policyholder of the |
| 5252 | corporation or a policyholder removed from the corporation |
| 5253 | through an assumption agreement until the end of the assumption |
| 5254 | period, the policyholder remains eligible for coverage from the |
| 5255 | corporation regardless of any offer of coverage from an |
| 5256 | authorized insurer or surplus lines insurer. The corporation |
| 5257 | shall determine the type of policy to be provided on the basis |
| 5258 | of objective standards specified in the underwriting manual and |
| 5259 | based on generally accepted underwriting practices. |
| 5260 | (I) If the risk accepts an offer of coverage through the |
| 5261 | market assistance plan or an offer of coverage through a |
| 5262 | mechanism established by the corporation before a policy is |
| 5263 | issued to the risk by the corporation or during the first 30 |
| 5264 | days of coverage by the corporation, and the producing agent who |
| 5265 | submitted the application to the plan or to the corporation is |
| 5266 | not currently appointed by the insurer, the insurer shall: |
| 5267 | (A) Pay to the producing agent of record of the policy, |
| 5268 | for the first year, an amount that is the greater of the |
| 5269 | insurer's usual and customary commission for the type of policy |
| 5270 | written or a fee equal to the usual and customary commission of |
| 5271 | the corporation; or |
| 5272 | (B) Offer to allow the producing agent of record of the |
| 5273 | policy to continue servicing the policy for a period of not less |
| 5274 | than 1 year and offer to pay the agent the greater of the |
| 5275 | insurer's or the corporation's usual and customary commission |
| 5276 | for the type of policy written. |
| 5277 |
|
| 5278 | If the producing agent is unwilling or unable to accept |
| 5279 | appointment, the new insurer shall pay the agent in accordance |
| 5280 | with sub-sub-sub-subparagraph (A). |
| 5281 | (II) When the corporation enters into a contractual |
| 5282 | agreement for a take-out plan, the producing agent of record of |
| 5283 | the corporation policy is entitled to retain any unearned |
| 5284 | commission on the policy, and the insurer shall: |
| 5285 | (A) Pay to the producing agent of record of the |
| 5286 | corporation policy, for the first year, an amount that is the |
| 5287 | greater of the insurer's usual and customary commission for the |
| 5288 | type of policy written or a fee equal to the usual and customary |
| 5289 | commission of the corporation; or |
| 5290 | (B) Offer to allow the producing agent of record of the |
| 5291 | corporation policy to continue servicing the policy for a period |
| 5292 | of not less than 1 year and offer to pay the agent the greater |
| 5293 | of the insurer's or the corporation's usual and customary |
| 5294 | commission for the type of policy written. |
| 5295 |
|
| 5296 | If the producing agent is unwilling or unable to accept |
| 5297 | appointment, the new insurer shall pay the agent in accordance |
| 5298 | with sub-sub-sub-subparagraph (A). |
| 5299 | b. With respect to commercial lines residential risks, for |
| 5300 | a new application to the corporation for coverage, if the risk |
| 5301 | is offered coverage under a policy including wind coverage from |
| 5302 | an authorized insurer at its approved rate, the risk is not |
| 5303 | eligible for any policy issued by the corporation unless the |
| 5304 | premium for coverage from the authorized insurer is more than 15 |
| 5305 | percent greater than the premium for comparable coverage from |
| 5306 | the corporation. If the risk is not able to obtain any such |
| 5307 | offer, the risk is eligible for a policy including wind coverage |
| 5308 | issued by the corporation. However, with regard to a |
| 5309 | policyholder of the corporation or a policyholder removed from |
| 5310 | the corporation through an assumption agreement until the end of |
| 5311 | the assumption period, the policyholder remains eligible for |
| 5312 | coverage from the corporation regardless of any offer of |
| 5313 | coverage from an authorized insurer or surplus lines insurer. |
| 5314 | (I) If the risk accepts an offer of coverage through the |
| 5315 | market assistance plan or an offer of coverage through a |
| 5316 | mechanism established by the corporation before a policy is |
| 5317 | issued to the risk by the corporation or during the first 30 |
| 5318 | days of coverage by the corporation, and the producing agent who |
| 5319 | submitted the application to the plan or the corporation is not |
| 5320 | currently appointed by the insurer, the insurer shall: |
| 5321 | (A) Pay to the producing agent of record of the policy, |
| 5322 | for the first year, an amount that is the greater of the |
| 5323 | insurer's usual and customary commission for the type of policy |
| 5324 | written or a fee equal to the usual and customary commission of |
| 5325 | the corporation; or |
| 5326 | (B) Offer to allow the producing agent of record of the |
| 5327 | policy to continue servicing the policy for a period of not less |
| 5328 | than 1 year and offer to pay the agent the greater of the |
| 5329 | insurer's or the corporation's usual and customary commission |
| 5330 | for the type of policy written. |
| 5331 |
|
| 5332 | If the producing agent is unwilling or unable to accept |
| 5333 | appointment, the new insurer shall pay the agent in accordance |
| 5334 | with sub-sub-sub-subparagraph (A). |
| 5335 | (II) When the corporation enters into a contractual |
| 5336 | agreement for a take-out plan, the producing agent of record of |
| 5337 | the corporation policy is entitled to retain any unearned |
| 5338 | commission on the policy, and the insurer shall: |
| 5339 | (A) Pay to the producing agent of record of the |
| 5340 | corporation policy, for the first year, an amount that is the |
| 5341 | greater of the insurer's usual and customary commission for the |
| 5342 | type of policy written or a fee equal to the usual and customary |
| 5343 | commission of the corporation; or |
| 5344 | (B) Offer to allow the producing agent of record of the |
| 5345 | corporation policy to continue servicing the policy for a period |
| 5346 | of not less than 1 year and offer to pay the agent the greater |
| 5347 | of the insurer's or the corporation's usual and customary |
| 5348 | commission for the type of policy written. |
| 5349 |
|
| 5350 | If the producing agent is unwilling or unable to accept |
| 5351 | appointment, the new insurer shall pay the agent in accordance |
| 5352 | with sub-sub-sub-subparagraph (A). |
| 5353 | c. For purposes of determining comparable coverage under |
| 5354 | sub-subparagraphs a. and b., the comparison shall be based on |
| 5355 | those forms and coverages that are reasonably comparable. The |
| 5356 | corporation may rely on a determination of comparable coverage |
| 5357 | and premium made by the producing agent who submits the |
| 5358 | application to the corporation, made in the agent's capacity as |
| 5359 | the corporation's agent. A comparison may be made solely of the |
| 5360 | premium with respect to the main building or structure only on |
| 5361 | the following basis: the same coverage A or other building |
| 5362 | limits; the same percentage hurricane deductible that applies on |
| 5363 | an annual basis or that applies to each hurricane for commercial |
| 5364 | residential property; the same percentage of ordinance and law |
| 5365 | coverage, if the same limit is offered by both the corporation |
| 5366 | and the authorized insurer; the same mitigation credits, to the |
| 5367 | extent the same types of credits are offered both by the |
| 5368 | corporation and the authorized insurer; the same method for loss |
| 5369 | payment, such as replacement cost or actual cash value, if the |
| 5370 | same method is offered both by the corporation and the |
| 5371 | authorized insurer in accordance with underwriting rules; and |
| 5372 | any other form or coverage that is reasonably comparable as |
| 5373 | determined by the board. If an application is submitted to the |
| 5374 | corporation for wind-only coverage in the high-risk account, the |
| 5375 | premium for the corporation's wind-only policy plus the premium |
| 5376 | for the ex-wind policy that is offered by an authorized insurer |
| 5377 | to the applicant shall be compared to the premium for multiperil |
| 5378 | coverage offered by an authorized insurer, subject to the |
| 5379 | standards for comparison specified in this subparagraph. If the |
| 5380 | corporation or the applicant requests from the authorized |
| 5381 | insurer a breakdown of the premium of the offer by types of |
| 5382 | coverage so that a comparison may be made by the corporation or |
| 5383 | its agent and the authorized insurer refuses or is unable to |
| 5384 | provide such information, the corporation may treat the offer as |
| 5385 | not being an offer of coverage from an authorized insurer at the |
| 5386 | insurer's approved rate. |
| 5387 | 6. Must include rules for classifications of risks and |
| 5388 | rates therefor. |
| 5389 | 7. Must provide that if premium and investment income for |
| 5390 | an account attributable to a particular calendar year are in |
| 5391 | excess of projected losses and expenses for the account |
| 5392 | attributable to that year, such excess shall be held in surplus |
| 5393 | in the account. Such surplus shall be available to defray |
| 5394 | deficits in that account as to future years and shall be used |
| 5395 | for that purpose prior to assessing assessable insurers and |
| 5396 | assessable insureds as to any calendar year. |
| 5397 | 8. Must provide objective criteria and procedures to be |
| 5398 | uniformly applied for all applicants in determining whether an |
| 5399 | individual risk is so hazardous as to be uninsurable. In making |
| 5400 | this determination and in establishing the criteria and |
| 5401 | procedures, the following shall be considered: |
| 5402 | a. Whether the likelihood of a loss for the individual |
| 5403 | risk is substantially higher than for other risks of the same |
| 5404 | class; and |
| 5405 | b. Whether the uncertainty associated with the individual |
| 5406 | risk is such that an appropriate premium cannot be determined. |
| 5407 |
|
| 5408 | The acceptance or rejection of a risk by the corporation shall |
| 5409 | be construed as the private placement of insurance, and the |
| 5410 | provisions of chapter 120 shall not apply. |
| 5411 | 9. Must provide that the corporation shall make its best |
| 5412 | efforts to procure catastrophe reinsurance at reasonable rates, |
| 5413 | to cover its projected 100-year probable maximum loss as |
| 5414 | determined by the board of governors. |
| 5415 | 10. The policies issued by the corporation must provide |
| 5416 | that, if the corporation or the market assistance plan obtains |
| 5417 | an offer from an authorized insurer to cover the risk at its |
| 5418 | approved rates, the risk is no longer eligible for renewal |
| 5419 | through the corporation, except as otherwise provided in this |
| 5420 | subsection. |
| 5421 | 11. Corporation policies and applications must include a |
| 5422 | notice that the corporation policy could, under this section, be |
| 5423 | replaced with a policy issued by an authorized insurer that does |
| 5424 | not provide coverage identical to the coverage provided by the |
| 5425 | corporation. The notice shall also specify that acceptance of |
| 5426 | corporation coverage creates a conclusive presumption that the |
| 5427 | applicant or policyholder is aware of this potential. |
| 5428 | 12. May establish, subject to approval by the office, |
| 5429 | different eligibility requirements and operational procedures |
| 5430 | for any line or type of coverage for any specified county or |
| 5431 | area if the board determines that such changes to the |
| 5432 | eligibility requirements and operational procedures are |
| 5433 | justified due to the voluntary market being sufficiently stable |
| 5434 | and competitive in such area or for such line or type of |
| 5435 | coverage and that consumers who, in good faith, are unable to |
| 5436 | obtain insurance through the voluntary market through ordinary |
| 5437 | methods would continue to have access to coverage from the |
| 5438 | corporation. When coverage is sought in connection with a real |
| 5439 | property transfer, such requirements and procedures shall not |
| 5440 | provide for an effective date of coverage later than the date of |
| 5441 | the closing of the transfer as established by the transferor, |
| 5442 | the transferee, and, if applicable, the lender. |
| 5443 | 13. Must provide that, with respect to the high-risk |
| 5444 | account, any assessable insurer with a surplus as to |
| 5445 | policyholders of $25 million or less writing 25 percent or more |
| 5446 | of its total countrywide property insurance premiums in this |
| 5447 | state may petition the office, within the first 90 days of each |
| 5448 | calendar year, to qualify as a limited apportionment company. A |
| 5449 | regular assessment levied by the corporation on a limited |
| 5450 | apportionment company for a deficit incurred by the corporation |
| 5451 | for the high-risk account in 2006 or thereafter may be paid to |
| 5452 | the corporation on a monthly basis as the assessments are |
| 5453 | collected by the limited apportionment company from its insureds |
| 5454 | pursuant to s. 627.3512, but the regular assessment must be paid |
| 5455 | in full within 12 months after being levied by the corporation. |
| 5456 | A limited apportionment company shall collect from its |
| 5457 | policyholders any emergency assessment imposed under sub- |
| 5458 | subparagraph (b)3.d. The plan shall provide that, if the office |
| 5459 | determines that any regular assessment will result in an |
| 5460 | impairment of the surplus of a limited apportionment company, |
| 5461 | the office may direct that all or part of such assessment be |
| 5462 | deferred as provided in subparagraph (q)4. (p)4. However, there |
| 5463 | shall be no limitation or deferment of an emergency assessment |
| 5464 | to be collected from policyholders under sub-subparagraph |
| 5465 | (b)3.d. |
| 5466 | 14. Must provide that the corporation appoint as its |
| 5467 | licensed agents only those agents who also hold an appointment |
| 5468 | as defined in s. 626.015(3) with an insurer who at the time of |
| 5469 | the agent's initial appointment by the corporation is authorized |
| 5470 | to write and is actually writing personal lines residential |
| 5471 | property coverage, commercial residential property coverage, or |
| 5472 | commercial nonresidential property coverage within the state. |
| 5473 | 15. Must provide, by July 1, 2007, a premium payment plan |
| 5474 | option to its policyholders which allows at a minimum for |
| 5475 | quarterly and semiannual payment of premiums. A monthly payment |
| 5476 | plan may, but is not required to, be offered. |
| 5477 | 16. Must limit coverage on mobile homes or manufactured |
| 5478 | homes built prior to 1994 to actual cash value of the dwelling |
| 5479 | rather than replacement costs of the dwelling. |
| 5480 | 17. May provide such limits of coverage as the board |
| 5481 | determines, consistent with the requirements of this subsection. |
| 5482 | 18. May require commercial property to meet specified |
| 5483 | hurricane mitigation construction features as a condition of |
| 5484 | eligibility for coverage. |
| 5485 | (o) If coverage in an account is deactivated pursuant to |
| 5486 | paragraph (p) (o), coverage through the corporation shall be |
| 5487 | reactivated by order of the office only under one of the |
| 5488 | following circumstances: |
| 5489 | 1. If the market assistance plan receives a minimum of 100 |
| 5490 | applications for coverage within a 3-month period, or 200 |
| 5491 | applications for coverage within a 1-year period or less for |
| 5492 | residential coverage, unless the market assistance plan provides |
| 5493 | a quotation from admitted carriers at their filed rates for at |
| 5494 | least 90 percent of such applicants. Any market assistance plan |
| 5495 | application that is rejected because an individual risk is so |
| 5496 | hazardous as to be uninsurable using the criteria specified in |
| 5497 | subparagraph (c)8. shall not be included in the minimum |
| 5498 | percentage calculation provided herein. In the event that there |
| 5499 | is a legal or administrative challenge to a determination by the |
| 5500 | office that the conditions of this subparagraph have been met |
| 5501 | for eligibility for coverage in the corporation, any eligible |
| 5502 | risk may obtain coverage during the pendency of such challenge. |
| 5503 | 2. In response to a state of emergency declared by the |
| 5504 | Governor under s. 252.36, the office may activate coverage by |
| 5505 | order for the period of the emergency upon a finding by the |
| 5506 | office that the emergency significantly affects the availability |
| 5507 | of residential property insurance. |
| 5508 | Reviser's note.-Paragraphs (2)(b) and (6)(b), (c), and |
| 5509 | (o) are amended to conform to the addition of a new |
| 5510 | paragraph (6)(f) by s. 4, ch. 2009-77, Laws of |
| 5511 | Florida. Paragraph (6)(b) is amended and paragraph |
| 5512 | (6)(cc) is repealed to delete references to reports |
| 5513 | that were due February 1, 2007. |
| 5514 | Section 122. Paragraph (c) of subsection (5) of section |
| 5515 | 733.817, Florida Statutes, is amended to read: |
| 5516 | 733.817 Apportionment of estate taxes.- |
| 5517 | (5) Except as provided above or as otherwise directed by |
| 5518 | the governing instrument, the net tax attributable to each |
| 5519 | interest shall be apportioned as follows: |
| 5520 | (c) The net tax attributable to an interest in protected |
| 5521 | homestead shall be apportioned against the recipients of other |
| 5522 | interests in the estate or passing under any revocable trust in |
| 5523 | the following order: |
| 5524 | 1. Class I: Recipients of interests not disposed of by the |
| 5525 | decedent's will or revocable trust that are included in the |
| 5526 | measure of the federal estate tax. |
| 5527 | 2. Class II: Recipients of residuary devises and residuary |
| 5528 | interests that are included in the measure of the federal estate |
| 5529 | tax. |
| 5530 | 3. Class III: Recipients of nonresiduary devises and |
| 5531 | nonresiduary interests that are included in the measure of the |
| 5532 | federal estate tax. |
| 5533 |
|
| 5534 | The net tax apportioned to a class, if any, pursuant to this |
| 5535 | paragraph shall be apportioned among the recipients in the class |
| 5536 | in the proportion that the value of the interest of each bears |
| 5537 | to the total value of all interests included in that class. |
| 5538 | Reviser's note.-Amended to conform to context. |
| 5539 | Section 123. Paragraph (a) of subsection (1) of section |
| 5540 | 817.36, Florida Statutes, is amended to read: |
| 5541 | 817.36 Resale of tickets.- |
| 5542 | (1) A person or entity that offers for resale or resells |
| 5543 | any ticket may charge only $1 above the admission price charged |
| 5544 | therefor by the original ticket seller of the ticket for the |
| 5545 | following transactions: |
| 5546 | (a) Passage or accommodations on any common carrier in |
| 5547 | this state. However, this paragraph does not apply to travel |
| 5548 | agencies that have an established place of business in this |
| 5549 | state and are , is required to pay state, county, and city |
| 5550 | occupational license taxes. |
| 5551 | Reviser's note.-Amended to confirm an editorial |
| 5552 | substitution made to improve clarity and correct |
| 5553 | sentence structure. |
| 5554 | Section 124. Paragraph (a) of subsection (4) of section |
| 5555 | 921.002, Florida Statutes, is amended to read: |
| 5556 | 921.002 The Criminal Punishment Code.-The Criminal |
| 5557 | Punishment Code shall apply to all felony offenses, except |
| 5558 | capital felonies, committed on or after October 1, 1998. |
| 5559 | (4)(a) The Department of Corrections shall report on |
| 5560 | trends in sentencing practices and sentencing score thresholds |
| 5561 | and provide an analysis on the sentencing factors considered by |
| 5562 | the courts and shall submit this information to the Legislature |
| 5563 | by October 1 of each year, beginning in 1999. |
| 5564 | Reviser's note.-Amended to delete language that has |
| 5565 | served its purpose. |
| 5566 | Section 125. Subsection (11) of section 934.02, Florida |
| 5567 | Statutes, is amended to read: |
| 5568 | 934.02 Definitions.-As used in this chapter: |
| 5569 | (11) "Communication common carrier" shall have the same |
| 5570 | meaning which is given the term "common carrier" in 47 U.S.C. s. |
| 5571 | 153(10) 153(h). |
| 5572 | Reviser's note.-Amended to confirm an editorial |
| 5573 | substitution; 47 U.S.C. s. 153(10) defines the term |
| 5574 | "common carrier," and 47 U.S.C. s. 153(h) does not |
| 5575 | exist. |
| 5576 | Section 126. Paragraph (a) of subsection (7) of section |
| 5577 | 1002.335, Florida Statutes, is amended to read: |
| 5578 | 1002.335 Florida Schools of Excellence Commission.- |
| 5579 | (7) COSPONSOR AGREEMENT.- |
| 5580 | (a) Upon approval of a cosponsor, the commission and the |
| 5581 | cosponsor shall enter into an agreement that defines the |
| 5582 | cosponsor's rights and obligations and includes the following: |
| 5583 | 1. An explanation of the personnel, contractual and |
| 5584 | interagency relationships, and potential revenue sources |
| 5585 | referenced in the application as required in paragraph (6)(c). |
| 5586 | 2. Incorporation of the requirements of equal access for |
| 5587 | all students, including any plans to provide food service or |
| 5588 | transportation reasonably necessary to provide access to as many |
| 5589 | students as possible. |
| 5590 | 3. Incorporation of the requirement to serve low-income, |
| 5591 | low-performing, gifted, or underserved student populations. |
| 5592 | 4. An explanation of the academic and financial goals and |
| 5593 | expected outcomes for the cosponsor's charter schools and the |
| 5594 | method and plans by which they will be measured and achieved as |
| 5595 | referenced in the application. |
| 5596 | 5. The conflict-of-interest policies referenced in the |
| 5597 | application. |
| 5598 | 6. An explanation of the disposition of facilities and |
| 5599 | assets upon termination and dissolution of a charter school |
| 5600 | approved by the cosponsor. |
| 5601 | 7. A provision requiring the cosponsor to annually appear |
| 5602 | before the commission and provide a report as to the information |
| 5603 | provided pursuant to s. 1002.33(9)(k) 1002.33(9)(l) for each of |
| 5604 | its charter schools. |
| 5605 | 8. A provision requiring that the cosponsor report the |
| 5606 | student enrollment in each of its sponsored charter schools to |
| 5607 | the district school board of the county in which the school is |
| 5608 | located. |
| 5609 | 9. A provision requiring that the cosponsor work with the |
| 5610 | commission to provide the necessary reports to the State Board |
| 5611 | of Education. |
| 5612 | 10. Any other reasonable terms deemed appropriate by the |
| 5613 | commission given the unique characteristics of the cosponsor. |
| 5614 | Reviser's note.-Amended to conform to the |
| 5615 | redesignation of paragraphs within s. 1002.33(9) by s. |
| 5616 | 7, ch. 2009-214, Laws of Florida. |
| 5617 | Section 127. Paragraph (c) of subsection (3) of section |
| 5618 | 1003.57, Florida Statutes, is amended to read: |
| 5619 | 1003.57 Exceptional students instruction.- |
| 5620 | (3) |
| 5621 | (c) Within 10 business days after receiving the |
| 5622 | notification, the receiving school district must review the |
| 5623 | student's individual educational plan (IEP) to determine if the |
| 5624 | student's IEP can be implemented by the receiving school |
| 5625 | district or by a provider or facility under contract with the |
| 5626 | receiving school district. The receiving school district shall: |
| 5627 | 1. Provide educational instruction to the student; |
| 5628 | 2. Contract with another provider or facility to provide |
| 5629 | the educational instruction; |
| 5630 | 3. Contract with the private residential care facility in |
| 5631 | which the student resides to provide the educational |
| 5632 | instruction; or |
| 5633 | 4. Decline to provide or contract for educational |
| 5634 | instruction. |
| 5635 |
|
| 5636 | If the receiving school district declines to provide or contract |
| 5637 | for the educational instruction, the school district in which |
| 5638 | the legal residence of the student is located shall provide or |
| 5639 | contract for the educational instruction to the student. The |
| 5640 | school district that provides educational instruction or |
| 5641 | contracts to provide educational instruction shall report the |
| 5642 | student for funding purposes pursuant to s. 1011.62. |
| 5643 |
|
| 5644 | The requirements of paragraphs (c) and (d) do not apply to |
| 5645 | written agreements among school districts which specify each |
| 5646 | school district's responsibility for providing and paying for |
| 5647 | educational services to an exceptional student in a residential |
| 5648 | care facility. However, each agreement must require a school |
| 5649 | district to review the student's IEP within 10 business days |
| 5650 | after receiving the notification required under paragraph (b). |
| 5651 | Reviser's note.-Amended to confirm an editorial |
| 5652 | insertion made to provide clarity. |
| 5653 | Section 128. Paragraph (a) of subsection (2) and |
| 5654 | subsection (7) of section 1004.87, Florida Statutes, are |
| 5655 | repealed. |
| 5656 | Reviser's note.-Paragraph (2)(a) is repealed to delete |
| 5657 | material relating to appointment of initial members of |
| 5658 | the Florida College System Task Force on or before |
| 5659 | August 31, 2008, and holding of the first task force |
| 5660 | meeting on or before September 15, 2008. Subsection |
| 5661 | (7) is repealed to delete material relating to |
| 5662 | submittal of a report and recommendations by March 2, |
| 5663 | 2009. |
| 5664 | Section 129. Subsection (6) of section 1011.71, Florida |
| 5665 | Statutes, is amended to read: |
| 5666 | 1011.71 District school tax.- |
| 5667 | (6) Violations of the expenditure provisions in subsection |
| 5668 | (2) or subsection (5) (4) shall result in an equal dollar |
| 5669 | reduction in the Florida Education Finance Program (FEFP) funds |
| 5670 | for the violating district in the fiscal year following the |
| 5671 | audit citation. |
| 5672 | Reviser's note.-Amended to conform to the |
| 5673 | redesignation of subsection (4) as subsection (5) by |
| 5674 | s. 33, ch. 2009-59, Laws of Florida. |
| 5675 | Section 130. Subsection (2) of section 1011.73, Florida |
| 5676 | Statutes, is amended to read: |
| 5677 | 1011.73 District millage elections.- |
| 5678 | (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.-The district |
| 5679 | school board, pursuant to resolution adopted at a regular |
| 5680 | meeting, shall direct the county commissioners to call an |
| 5681 | election at which the electors within the school district may |
| 5682 | approve an ad valorem tax millage as authorized under s. |
| 5683 | 1011.71(9) 1011.71(8). Such election may be held at any time, |
| 5684 | except that not more than one such election shall be held during |
| 5685 | any 12-month period. Any millage so authorized shall be levied |
| 5686 | for a period not in excess of 4 years or until changed by |
| 5687 | another millage election, whichever is earlier. If any such |
| 5688 | election is invalidated by a court of competent jurisdiction, |
| 5689 | such invalidated election shall be considered not to have been |
| 5690 | held. |
| 5691 | Reviser's note.-Amended to conform to the |
| 5692 | redesignation of subsections within s. 1011.71 by s. |
| 5693 | 33, ch. 2009-59, Laws of Florida. |
| 5694 | Section 131. Subsection (1) of section 1013.45, Florida |
| 5695 | Statutes, is reenacted to read: |
| 5696 | 1013.45 Educational facilities contracting and |
| 5697 | construction techniques.- |
| 5698 | (1) Boards may employ procedures to contract for |
| 5699 | construction of new facilities, or for additions, remodeling, |
| 5700 | renovation, maintenance, or repairs to existing facilities, that |
| 5701 | will include, but not be limited to: |
| 5702 | (a) Competitive bids. |
| 5703 | (b) Design-build pursuant to s. 287.055. |
| 5704 | (c) Selecting a construction management entity, pursuant |
| 5705 | to s. 255.103 or the process provided by s. 287.055, that would |
| 5706 | be responsible for all scheduling and coordination in both |
| 5707 | design and construction phases and is generally responsible for |
| 5708 | the successful, timely, and economical completion of the |
| 5709 | construction project. The construction management entity must |
| 5710 | consist of or contract with licensed or registered professionals |
| 5711 | for the specific fields or areas of construction to be |
| 5712 | performed, as required by law. At the option of the board, the |
| 5713 | construction management entity, after having been selected, may |
| 5714 | be required to offer a guaranteed maximum price or a guaranteed |
| 5715 | completion date; in which case, the construction management |
| 5716 | entity must secure an appropriate surety bond pursuant to s. |
| 5717 | 255.05 and must hold construction subcontracts. The criteria for |
| 5718 | selecting a construction management entity shall not unfairly |
| 5719 | penalize an entity that has relevant experience in the delivery |
| 5720 | of construction projects of similar size and complexity by |
| 5721 | methods of delivery other than construction management. |
| 5722 | (d) Selecting a program management entity, pursuant to s. |
| 5723 | 255.103 or the process provided by s. 287.055, that would act as |
| 5724 | the agent of the board and would be responsible for schedule |
| 5725 | control, cost control, and coordination in providing or |
| 5726 | procuring planning, design, and construction services. The |
| 5727 | program management entity must consist of or contract with |
| 5728 | licensed or registered professionals for the specific areas of |
| 5729 | design or construction to be performed as required by law. The |
| 5730 | program management entity may retain necessary design |
| 5731 | professionals selected under the process provided in s. 287.055. |
| 5732 | At the option of the board, the program management entity, after |
| 5733 | having been selected, may be required to offer a guaranteed |
| 5734 | maximum price or a guaranteed completion date, in which case the |
| 5735 | program management entity must secure an appropriate surety bond |
| 5736 | pursuant to s. 255.05 and must hold design and construction |
| 5737 | subcontracts. The criteria for selecting a program management |
| 5738 | entity shall not unfairly penalize an entity that has relevant |
| 5739 | experience in the delivery of construction programs of similar |
| 5740 | size and complexity by methods of delivery other than program |
| 5741 | management. |
| 5742 | (e) Day-labor contracts not exceeding $280,000 for |
| 5743 | construction, renovation, remodeling, or maintenance of existing |
| 5744 | facilities. Beginning January 2009, this amount shall be |
| 5745 | adjusted annually based upon changes in the Consumer Price |
| 5746 | Index. |
| 5747 | Reviser's note.-Section 5, ch. 2009-227, Laws of |
| 5748 | Florida, amended subsection (1) without publishing |
| 5749 | paragraph (e). Absent affirmative evidence of |
| 5750 | legislative intent to repeal paragraph (e), subsection |
| 5751 | (1) is reenacted to confirm that the omission was not |
| 5752 | intended. |
| 5753 | Section 132. This act shall take effect on the 60th day |
| 5754 | after adjournment sine die of the session of the Legislature in |
| 5755 | which enacted. |
