Bill Text: FL S1784 | 2010 | Regular Session | Enrolled
Bill Title: Florida Statutes [WPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-03-30 - Approved by Governor -SJ 00575; Chapter No. 2010-5 [S1784 Detail]
Download: Florida-2010-S1784-Enrolled.html
ENROLLED 2010 Legislature SB 1784 20101784er 1 2 An act relating to the Florida Statutes; amending ss. 3 7.06, 11.45, 17.0315, 112.354, 112.361, 112.363, 4 120.55, 121.053, 121.081, 121.091, 163.31771, 5 163.3180, 175.071, 185.06, 192.001, 192.0105, 6 193.1555, 193.503, 193.703, 196.011, 196.075, 7 196.1975, 196.1977, 197.402, 200.069, 210.1801, 8 211.06, 212.098, 215.211, 238.07, 238.071, 238.09, 9 255.043, 260.019, 265.2865, 265.32, 265.606, 265.701, 10 282.201, 282.204, 282.318, 282.702, 288.012, 288.021, 11 288.0656, 288.1081, 288.1169, 288.1224, 311.12, 12 311.121, 311.122, 318.18, 318.21, 321.02, 322.271, 13 327.73, 334.044, 337.0261, 337.16, 338.235, 365.172, 14 373.046, 373.236, 376.30713, 377.709, 380.06, 394.875, 15 394.9082, 395.4036, 397.311, 397.334, 400.141, 16 400.474, 403.0872, 403.93345, 403.9336, 408.0361, 17 408.05, 408.820, 409.816, 409.908, 409.911, 409.912, 18 409.91211, 420.628, 430.04, 440.105, 443.1117, 19 445.049, 450.231, 456.041, 466.0067, 472.016, 472.036, 20 473.315, 489.119, 494.00321, 494.00611, 494.0066, 21 501.1377, 517.191, 526.144, 556.105, 569.19, 589.011, 22 627.062, 627.351, 733.817, 817.36, 921.002, 934.02, 23 1002.335, 1003.57, 1004.87, 1011.71, and 1011.73, 24 F.S.; reenacting ss. 120.52, 381.84(6), 409.905(5), 25 624.91(6), and 1013.45(1), F.S.; and repealing ss. 26 28.39, 34.205, 39.4086, 282.5001, 282.5002, 282.5003, 27 282.5004, 282.5005, 282.5006, 282.5007, 282.5008, 28 322.181, 381.912, 382.357, 400.195, and 576.092, F.S., 29 pursuant to s. 11.242, F.S.; deleting provisions that 30 have expired, have become obsolete, have had their 31 effect, have served their purpose, or have been 32 impliedly repealed or superseded; replacing incorrect 33 cross-references and citations; correcting 34 grammatical, typographical, and like errors; removing 35 inconsistencies, redundancies, and unnecessary 36 repetition in the statutes; improving the clarity of 37 the statutes and facilitating their correct 38 interpretation; and confirming the restoration of 39 provisions unintentionally omitted from republication 40 in the acts of the Legislature during the amendatory 41 process; providing an effective date. 42 43 Be It Enacted by the Legislature of the State of Florida: 44 45 Section 1. Section 7.06, Florida Statutes, as amended by 46 section 1 of chapter 2007-222, Laws of Florida, is amended to 47 read: 48 7.06 Broward County.—The boundary lines of Broward County 49 are as follows: Beginning on the east boundary of the State of 50 Florida at a point where the south boundary of township forty 51 seven south of range forty-three east, produced easterly, would 52 intersect the same; thence westerly on said township boundary to 53 its intersection with the axis or center line of Hillsborough 54 State Drainage Canal, as at present located and constructed; 55 thence westerly along the center line of said canal to its 56 intersection with the range line dividing ranges forty and 57 forty-one east; thence south on the range line dividing ranges 58 forty and forty-one east, of township forty-seven south, to the 59 northeast corner of section twenty-five of township forty-seven, 60 south, of range forty east; thence due west on the north 61 boundaries of the sections numbered from twenty-five to thirty, 62 inclusive, of townships forty-seven south, of ranges thirty 63 seven to forty east, inclusive, as the same have been surveyed, 64 or may hereafter be surveyed, by the authority of the Board of 65 Trustees of the Internal Improvement Trust Fund, to the 66 northwest corner of section thirty of township forty-seven 67 south, of range thirty-seven east; thence continuing due west to 68 the range line between ranges thirty-four and thirty-five east; 69 thence southerly on the range line dividing ranges thirty-four 70 and thirty-five east, to the southwest corner of township fifty 71 one south, of range thirty-five east; thence east following the 72 south line of township fifty-one south, across ranges thirty 73 five, thirty-six, thirty-seven, thirty-eight, thirty-nine and 74 forty, to the southwest corner of township fifty-one south of 75 range forty-one east; thence north on the range line dividing 76 ranges forty and forty-one to the northwest corner of section 77 thirty-one of township fifty-one south, of range forty-one east; 78 thence east on the north boundary of section thirty-one and 79 other sections to the waters of the Atlantic Ocean; thence 80 easterly to the eastern boundary of the State of Florida; thence 81 northerly along said eastern boundary to the point of beginning. 82 In addition, the boundary lines of Broward County include the 83 following: Begin at the northwest corner of section thirty-five, 84 township fifty-one south, range forty-two east, Miami-DadeDade85 County, Florida; thence, southerly following the west line of 86 section thirty-five, township fifty-one south, range forty-two 87 east to the intersection with a line which is two hundred and 88 thirty feet south of and parallel to the north line of section 89 thirty-five, township fifty-one south, range forty-two east; 90 thence, easterly following the line which is two hundred and 91 thirty feet south of and parallel to the north line of section 92 thirty-five, township fifty-one south, range forty-two east, to 93 the intersection with the west boundary line of the Town of 94 Golden Beach; thence, northerly following the west boundary line 95 of the Town of Golden Beach to the intersection with the north 96 line of section thirty-five, township fifty-one south, range 97 forty-two east; thence, westerly following the north line of 98 section thirty-five, township fifty-one south, range forty-two 99 east to the point of beginning. 100 Reviser’s note.—Amended to conform to the 101 redesignation of Dade County as Miami-Dade County by 102 s. 1-4.2 of the Miami-Dade County Code. 103 Section 2. Subsection (1) of section 11.45, Florida 104 Statutes, is amended to read: 105 11.45 Definitions; duties; authorities; reports; rules.— 106 (1) DEFINITIONS.—As used in ss. 11.40-11.51311.40-11.515, 107 the term: 108 (a) “Audit” means a financial audit, operational audit, or 109 performance audit. 110 (b) “County agency” means a board of county commissioners 111 or other legislative and governing body of a county, however 112 styled, including that of a consolidated or metropolitan 113 government, a clerk of the circuit court, a separate or ex 114 officio clerk of the county court, a sheriff, a property 115 appraiser, a tax collector, a supervisor of elections, or any 116 other officer in whom any portion of the fiscal duties of the 117 above are under law separately placed. 118 (c) “Financial audit” means an examination of financial 119 statements in order to express an opinion on the fairness with 120 which they are presented in conformity with generally accepted 121 accounting principles and an examination to determine whether 122 operations are properly conducted in accordance with legal and 123 regulatory requirements. Financial audits must be conducted in 124 accordance with generally accepted auditing standards and 125 government auditing standards as adopted by the Board of 126 Accountancy. 127 (d) “Governmental entity” means a state agency, a county 128 agency, or any other entity, however styled, that independently 129 exercises any type of state or local governmental function. 130 (e) “Local governmental entity” means a county agency, 131 municipality, or special district as defined in s. 189.403, but 132 does not include any housing authority established under chapter 133 421. 134 (f) “Management letter” means a statement of the auditor’s 135 comments and recommendations. 136 (g) “Operational audit” means a financial-related audit 137 whose purpose is to evaluate management’s performance in 138 administering assigned responsibilities in accordance with 139 applicable laws, administrative rules, and other guidelines and 140 to determine the extent to which the internal control, as 141 designed and placed in operation, promotes and encourages the 142 achievement of management’s control objectives in the categories 143 of compliance, economic and efficient operations, reliability of 144 financial records and reports, and safeguarding of assets. 145 (h) “Performance audit” means an examination of a program, 146 activity, or function of a governmental entity, conducted in 147 accordance with applicable government auditing standards or 148 auditing and evaluation standards of other appropriate 149 authoritative bodies. The term includes an examination of issues 150 related to: 151 1. Economy, efficiency, or effectiveness of the program. 152 2. Structure or design of the program to accomplish its 153 goals and objectives. 154 3. Adequacy of the program to meet the needs identified by 155 the Legislature or governing body. 156 4. Alternative methods of providing program services or 157 products. 158 5. Goals, objectives, and performance measures used by the 159 agency to monitor and report program accomplishments. 160 6. The accuracy or adequacy of public documents, reports, 161 or requests prepared under the program by state agencies. 162 7. Compliance of the program with appropriate policies, 163 rules, or laws. 164 8. Any other issues related to governmental entities as 165 directed by the Legislative Auditing Committee. 166 (i) “Political subdivision” means a separate agency or unit 167 of local government created or established by law and includes, 168 but is not limited to, the following and the officers thereof: 169 authority, board, branch, bureau, city, commission, consolidated 170 government, county, department, district, institution, 171 metropolitan government, municipality, office, officer, public 172 corporation, town, or village. 173 (j) “State agency” means a separate agency or unit of state 174 government created or established by law and includes, but is 175 not limited to, the following and the officers thereof: 176 authority, board, branch, bureau, commission, department, 177 division, institution, office, officer, or public corporation, 178 as the case may be, except any such agency or unit within the 179 legislative branch of state government other than the Florida 180 Public Service Commission. 181 Reviser’s note.—Amended to conform to the repeal of s. 182 11.515 by s. 3, ch. 2001-86, Laws of Florida. 183 Section 3. Subsection (3) of section 17.0315, Florida 184 Statutes, is amended to read: 185 17.0315 Financial and cash management system; task force.— 186 (3) State agency administrative services directors, finance 187 and accounting officers, and budget directors within all 188 branches of state government shall fully cooperate with the task 189 force in its development of the strategic plan. The task force 190 shall submit to the Governor, the President of the Senate, and 191 the Speaker of the House of Representatives a strategic business 192 plan that includes, but is not limited to: 193 (a) Identifying problems and opportunities imposed by 194 current law and the current administration with respect to 195 existing state accounting and cash management systems; 196 (b) Providing developmental solutions to known failures, 197 including, but not limited to, those identified by external 198 review and audit reports; 199 (c) Recommending business processes, requirements, and 200 governance structure to support a standardized statewide 201 accounting and cash management system; 202 (d) Evaluating alternative funding approaches to equitably 203 distribute common accounting infrastructure costs across all 204 participating users; and 205 (e) Providing an enterprise-wide work product that can be 206 used as the basis for a revised competitive procurement process 207 for the implementation of a successor system. 208 209The Chief Financial Officer shall submit the initial report,210along with draft legislation recommended to implement a211standardized statewide financial and cash management system, by212February 1, 2009.213 Reviser’s note.—Amended to delete a provision 214 requiring submittal of an initial report and draft 215 legislation by February 1, 2009. 216 Section 4. Section 28.39, Florida Statutes, is repealed. 217 Reviser’s note.—Repealed to delete material relating 218 to court fees and costs imposed on or before June 30, 219 2004, and repealed effective July 1, 2004. 220 Section 5. Section 34.205, Florida Statutes, is repealed. 221 Reviser’s note.—Repealed to delete material relating 222 to court fees and costs imposed on or before June 30, 223 2004, and repealed effective July 1, 2004. 224 Section 6. Section 39.4086, Florida Statutes, is repealed. 225 Reviser’s note.—Repealed to delete material relating 226 to a 3-year pilot program for attorneys ad litem and 227 providing for a final report by October 1, 2003. 228 Section 7. Section 112.354, Florida Statutes, is amended to 229 read: 230 112.354 Eligibility for supplement.—Each retired member or, 231 if applicable, a joint annuitant, except any person receiving 232 survivor benefits under the teachers’ retirement system of the 233 state in accordance with s. 238.07(18)238.07(16), shall be 234 entitled to receive a supplement computed in accordance with s. 235 112.355 upon: 236 (1) Furnishing to the Department of Management Services 237 evidence from the Social Security Administration setting forth 238 the retired member’s social security benefit or certifying the 239 noninsured status of the retired member under the Social 240 Security Act, and 241 (2) Filing written application with the Department of 242 Management Services for such supplement. 243 Reviser’s note.—Amended to confirm an editorial 244 substitution made to conform to the editorial 245 redesignation of s. 238.07(15A) and (15B) as s. 246 238.07(16) and (17), which necessitated the 247 redesignation of s. 238.07(16) as s. 238.07(18). 248 Section 8. Subsection (4) of section 112.361, Florida 249 Statutes, is amended to read: 250 112.361 Additional and updated supplemental retirement 251 benefits.— 252 (4) ELIGIBILITY FOR SUPPLEMENT.—Each retired member or, if 253 applicable, a joint annuitant, except any person receiving 254 survivor’s benefits under the Teachers’ Retirement System of the 255 state in accordance with s. 238.07(18)238.07(16), shall be 256 entitled to receive a supplement computed in accordance with 257 subsection (5), upon: 258 (a) Furnishing to the department evidence from the Social 259 Security Administration setting forth the retired member’s 260 social security benefit or certifying the noninsured status of 261 the retired member under the Social Security Act, and 262 (b) Filing written application with the department for such 263 supplement. 264 Reviser’s note.—Amended to confirm an editorial 265 substitution made to conform to the editorial 266 redesignation of s. 238.07(15A) and (15B) as s. 267 238.07(16) and (17), which necessitated the 268 redesignation of s. 238.07(16) as s. 238.07(18). 269 Section 9. Paragraph (a) of subsection (2) of section 270 112.363, Florida Statutes, is amended to read: 271 112.363 Retiree health insurance subsidy.— 272 (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.— 273 (a) A person who is retired under a state-administered 274 retirement system, or a beneficiary who is a spouse or financial 275 dependent entitled to receive benefits under a state 276 administered retirement system, is eligible for health insurance 277 subsidy payments provided under this section; except that 278 pension recipients under ss. 121.40, 238.07(18)(a) 279238.07(16)(a), and 250.22, recipients of health insurance 280 coverage under s. 110.1232, or any other special pension or 281 relief act shall not be eligible for such payments. 282 Reviser’s note.—Amended to confirm an editorial 283 substitution made to conform to the editorial 284 redesignation of s. 238.07(15A) and (15B) as s. 285 238.07(16) and (17), which necessitated the 286 redesignation of s. 238.07(16) as s. 238.07(18). 287 Section 10. Section 120.52, Florida Statutes, is reenacted 288 to read: 289 120.52 Definitions.—As used in this act: 290 (1) “Agency” means the following officers or governmental 291 entities if acting pursuant to powers other than those derived 292 from the constitution: 293 (a) The Governor; each state officer and state department, 294 and each departmental unit described in s. 20.04; the Board of 295 Governors of the State University System; the Commission on 296 Ethics; the Fish and Wildlife Conservation Commission; a 297 regional water supply authority; a regional planning agency; a 298 multicounty special district, but only when a majority of its 299 governing board is comprised of nonelected persons; educational 300 units; and each entity described in chapters 163, 373, 380, and 301 582 and s. 186.504. 302 (b) Each officer and governmental entity in the state 303 having statewide jurisdiction or jurisdiction in more than one 304 county. 305 (c) Each officer and governmental entity in the state 306 having jurisdiction in one county or less than one county, to 307 the extent they are expressly made subject to this act by 308 general or special law or existing judicial decisions. 309 310 This definition does not include any municipality or legal 311 entity created solely by a municipality; any legal entity or 312 agency created in whole or in part pursuant to part II of 313 chapter 361; any metropolitan planning organization created 314 pursuant to s. 339.175; any separate legal or administrative 315 entity created pursuant to s. 339.175 of which a metropolitan 316 planning organization is a member; an expressway authority 317 pursuant to chapter 348 or any transportation authority under 318 chapter 343 or chapter 349; or any legal or administrative 319 entity created by an interlocal agreement pursuant to s. 320 163.01(7), unless any party to such agreement is otherwise an 321 agency as defined in this subsection. 322 (2) “Agency action” means the whole or part of a rule or 323 order, or the equivalent, or the denial of a petition to adopt a 324 rule or issue an order. The term also includes any denial of a 325 request made under s. 120.54(7). 326 (3) “Agency head” means the person or collegial body in a 327 department or other governmental unit statutorily responsible 328 for final agency action. 329 (4) “Committee” means the Administrative Procedures 330 Committee. 331 (5) “Division” means the Division of Administrative 332 Hearings. 333 (6) “Educational unit” means a local school district, a 334 community college district, the Florida School for the Deaf and 335 the Blind, or a state university when the university is acting 336 pursuant to statutory authority derived from the Legislature. 337 (7) “Final order” means a written final decision which 338 results from a proceeding under s. 120.56, s. 120.565, s. 339 120.569, s. 120.57, s. 120.573, or s. 120.574 which is not a 340 rule, and which is not excepted from the definition of a rule, 341 and which has been filed with the agency clerk, and includes 342 final agency actions which are affirmative, negative, 343 injunctive, or declaratory in form. A final order includes all 344 materials explicitly adopted in it. The clerk shall indicate the 345 date of filing on the order. 346 (8) “Invalid exercise of delegated legislative authority” 347 means action that goes beyond the powers, functions, and duties 348 delegated by the Legislature. A proposed or existing rule is an 349 invalid exercise of delegated legislative authority if any one 350 of the following applies: 351 (a) The agency has materially failed to follow the 352 applicable rulemaking procedures or requirements set forth in 353 this chapter; 354 (b) The agency has exceeded its grant of rulemaking 355 authority, citation to which is required by s. 120.54(3)(a)1.; 356 (c) The rule enlarges, modifies, or contravenes the 357 specific provisions of law implemented, citation to which is 358 required by s. 120.54(3)(a)1.; 359 (d) The rule is vague, fails to establish adequate 360 standards for agency decisions, or vests unbridled discretion in 361 the agency; 362 (e) The rule is arbitrary or capricious. A rule is 363 arbitrary if it is not supported by logic or the necessary 364 facts; a rule is capricious if it is adopted without thought or 365 reason or is irrational; or 366 (f) The rule imposes regulatory costs on the regulated 367 person, county, or city which could be reduced by the adoption 368 of less costly alternatives that substantially accomplish the 369 statutory objectives. 370 371 A grant of rulemaking authority is necessary but not sufficient 372 to allow an agency to adopt a rule; a specific law to be 373 implemented is also required. An agency may adopt only rules 374 that implement or interpret the specific powers and duties 375 granted by the enabling statute. No agency shall have authority 376 to adopt a rule only because it is reasonably related to the 377 purpose of the enabling legislation and is not arbitrary and 378 capricious or is within the agency’s class of powers and duties, 379 nor shall an agency have the authority to implement statutory 380 provisions setting forth general legislative intent or policy. 381 Statutory language granting rulemaking authority or generally 382 describing the powers and functions of an agency shall be 383 construed to extend no further than implementing or interpreting 384 the specific powers and duties conferred by the enabling 385 statute. 386 (9) “Law implemented” means the language of the enabling 387 statute being carried out or interpreted by an agency through 388 rulemaking. 389 (10) “License” means a franchise, permit, certification, 390 registration, charter, or similar form of authorization required 391 by law, but it does not include a license required primarily for 392 revenue purposes when issuance of the license is merely a 393 ministerial act. 394 (11) “Licensing” means the agency process respecting the 395 issuance, denial, renewal, revocation, suspension, annulment, 396 withdrawal, or amendment of a license or imposition of terms for 397 the exercise of a license. 398 (12) “Official reporter” means the publication in which an 399 agency publishes final orders, the index to final orders, and 400 the list of final orders which are listed rather than published. 401 (13) “Party” means: 402 (a) Specifically named persons whose substantial interests 403 are being determined in the proceeding. 404 (b) Any other person who, as a matter of constitutional 405 right, provision of statute, or provision of agency regulation, 406 is entitled to participate in whole or in part in the 407 proceeding, or whose substantial interests will be affected by 408 proposed agency action, and who makes an appearance as a party. 409 (c) Any other person, including an agency staff member, 410 allowed by the agency to intervene or participate in the 411 proceeding as a party. An agency may by rule authorize limited 412 forms of participation in agency proceedings for persons who are 413 not eligible to become parties. 414 (d) Any county representative, agency, department, or unit 415 funded and authorized by state statute or county ordinance to 416 represent the interests of the consumers of a county, when the 417 proceeding involves the substantial interests of a significant 418 number of residents of the county and the board of county 419 commissioners has, by resolution, authorized the representative, 420 agency, department, or unit to represent the class of interested 421 persons. The authorizing resolution shall apply to a specific 422 proceeding and to appeals and ancillary proceedings thereto, and 423 it shall not be required to state the names of the persons whose 424 interests are to be represented. 425 426 The term “party” does not include a member government of a 427 regional water supply authority or a governmental or quasi 428 judicial board or commission established by local ordinance or 429 special or general law where the governing membership of such 430 board or commission is shared with, in whole or in part, or 431 appointed by a member government of a regional water supply 432 authority in proceedings under s. 120.569, s. 120.57, or s. 433 120.68, to the extent that an interlocal agreement under ss. 434 163.01 and 373.1962 exists in which the member government has 435 agreed that its substantial interests are not affected by the 436 proceedings or that it is to be bound by alternative dispute 437 resolution in lieu of participating in the proceedings. This 438 exclusion applies only to those particular types of disputes or 439 controversies, if any, identified in an interlocal agreement. 440 (14) “Person” means any person described in s. 1.01, any 441 unit of government in or outside the state, and any agency 442 described in subsection (1). 443 (15) “Recommended order” means the official recommendation 444 of an administrative law judge assigned by the division or of 445 any other duly authorized presiding officer, other than an 446 agency head or member of an agency head, for the final 447 disposition of a proceeding under ss. 120.569 and 120.57. 448 (16) “Rule” means each agency statement of general 449 applicability that implements, interprets, or prescribes law or 450 policy or describes the procedure or practice requirements of an 451 agency and includes any form which imposes any requirement or 452 solicits any information not specifically required by statute or 453 by an existing rule. The term also includes the amendment or 454 repeal of a rule. The term does not include: 455 (a) Internal management memoranda which do not affect 456 either the private interests of any person or any plan or 457 procedure important to the public and which have no application 458 outside the agency issuing the memorandum. 459 (b) Legal memoranda or opinions issued to an agency by the 460 Attorney General or agency legal opinions prior to their use in 461 connection with an agency action. 462 (c) The preparation or modification of: 463 1. Agency budgets. 464 2. Statements, memoranda, or instructions to state agencies 465 issued by the Chief Financial Officer or Comptroller as chief 466 fiscal officer of the state and relating or pertaining to claims 467 for payment submitted by state agencies to the Chief Financial 468 Officer or Comptroller. 469 3. Contractual provisions reached as a result of collective 470 bargaining. 471 4. Memoranda issued by the Executive Office of the Governor 472 relating to information resources management. 473 (17) “Rulemaking authority” means statutory language that 474 explicitly authorizes or requires an agency to adopt, develop, 475 establish, or otherwise create any statement coming within the 476 definition of the term “rule.” 477 (18) “Small city” means any municipality that has an 478 unincarcerated population of 10,000 or less according to the 479 most recent decennial census. 480 (19) “Small county” means any county that has an 481 unincarcerated population of 75,000 or less according to the 482 most recent decennial census. 483 (20) “Unadopted rule” means an agency statement that meets 484 the definition of the term “rule,” but that has not been adopted 485 pursuant to the requirements of s. 120.54. 486 (21) “Variance” means a decision by an agency to grant a 487 modification to all or part of the literal requirements of an 488 agency rule to a person who is subject to the rule. Any variance 489 shall conform to the standards for variances outlined in this 490 chapter and in the uniform rules adopted pursuant to s. 491 120.54(5). 492 (22) “Waiver” means a decision by an agency not to apply 493 all or part of a rule to a person who is subject to the rule. 494 Any waiver shall conform to the standards for waivers outlined 495 in this chapter and in the uniform rules adopted pursuant to s. 496 120.54(5). 497 Reviser’s note.—Section 1, ch. 2009-85, Laws of 498 Florida, amended s. 120.52 without publishing 499 subsections (2)-(22). Absent affirmative evidence of 500 legislative intent to repeal the omitted subsections, 501 the section is reenacted to confirm the omissions were 502 not intended. 503 Section 11. Paragraph (a) of subsection (1) of section 504 120.55, Florida Statutes, is amended to read: 505 120.55 Publication.— 506 (1) The Department of State shall: 507 (a)1. Through a continuous revision system, compile and 508 publish the “Florida Administrative Code.” The Florida 509 Administrative Code shall contain all rules adopted by each 510 agency, citing the grant of rulemaking authority and the 511 specific law implemented pursuant to which each rule was 512 adopted, all history notes as authorized in s. 120.545(7) 513120.545(8), and complete indexes to all rules contained in the 514 code. Supplementation shall be made as often as practicable, but 515 at least monthly. The department may contract with a publishing 516 firm for the publication, in a timely and useful form, of the 517 Florida Administrative Code; however, the department shall 518 retain responsibility for the code as provided in this section. 519 This publication shall be the official compilation of the 520 administrative rules of this state. The Department of State 521 shall retain the copyright over the Florida Administrative Code. 522 2. Rules general in form but applicable to only one school 523 district, community college district, or county, or a part 524 thereof, or state university rules relating to internal 525 personnel or business and finance shall not be published in the 526 Florida Administrative Code. Exclusion from publication in the 527 Florida Administrative Code shall not affect the validity or 528 effectiveness of such rules. 529 3. At the beginning of the section of the code dealing with 530 an agency that files copies of its rules with the department, 531 the department shall publish the address and telephone number of 532 the executive offices of each agency, the manner by which the 533 agency indexes its rules, a listing of all rules of that agency 534 excluded from publication in the code, and a statement as to 535 where those rules may be inspected. 536 4. Forms shall not be published in the Florida 537 Administrative Code; but any form which an agency uses in its 538 dealings with the public, along with any accompanying 539 instructions, shall be filed with the committee before it is 540 used. Any form or instruction which meets the definition of 541 “rule” provided in s. 120.52 shall be incorporated by reference 542 into the appropriate rule. The reference shall specifically 543 state that the form is being incorporated by reference and shall 544 include the number, title, and effective date of the form and an 545 explanation of how the form may be obtained. Each form created 546 by an agency which is incorporated by reference in a rule notice 547 of which is given under s. 120.54(3)(a) after December 31, 2007, 548 must clearly display the number, title, and effective date of 549 the form and the number of the rule in which the form is 550 incorporated. 551 Reviser’s note.—Amended to correct an apparent error 552 and conform to context. Prior to the amendment of s. 553 120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida, 554 the reference to history notes was cited at s. 555 120.545(9); s. 120.545(9) became s. 120.545(7) by s. 556 7, ch. 2008-104; current s. 120.545(7) references 557 history notes. 558 Section 12. Effective July 1, 2010, paragraph (a) of 559 subsection (1) of section 120.55, Florida Statutes, as amended 560 by section 9 of chapter 2008-104, Laws of Florida, is amended to 561 read: 562 120.55 Publication.— 563 (1) The Department of State shall: 564 (a)1. Through a continuous revision system, compile and 565 publish electronically, on an Internet website managed by the 566 department, the “Florida Administrative Code.” The Florida 567 Administrative Code shall contain all rules adopted by each 568 agency, citing the grant of rulemaking authority and the 569 specific law implemented pursuant to which each rule was 570 adopted, all history notes as authorized in s. 120.545(7) 571120.545(8), complete indexes to all rules contained in the code, 572 and any other material required or authorized by law or deemed 573 useful by the department. The electronic code shall display each 574 rule chapter currently in effect in browse mode and allow full 575 text search of the code and each rule chapter. The department 576 shall publish a printed version of the Florida Administrative 577 Code and may contract with a publishing firm for such printed 578 publication; however, the department shall retain responsibility 579 for the code as provided in this section. Supplementation of the 580 printed code shall be made as often as practicable, but at least 581 monthly. The printed publication shall be the official 582 compilation of the administrative rules of this state. The 583 Department of State shall retain the copyright over the Florida 584 Administrative Code. 585 2. Rules general in form but applicable to only one school 586 district, community college district, or county, or a part 587 thereof, or state university rules relating to internal 588 personnel or business and finance shall not be published in the 589 Florida Administrative Code. Exclusion from publication in the 590 Florida Administrative Code shall not affect the validity or 591 effectiveness of such rules. 592 3. At the beginning of the section of the code dealing with 593 an agency that files copies of its rules with the department, 594 the department shall publish the address and telephone number of 595 the executive offices of each agency, the manner by which the 596 agency indexes its rules, a listing of all rules of that agency 597 excluded from publication in the code, and a statement as to 598 where those rules may be inspected. 599 4. Forms shall not be published in the Florida 600 Administrative Code; but any form which an agency uses in its 601 dealings with the public, along with any accompanying 602 instructions, shall be filed with the committee before it is 603 used. Any form or instruction which meets the definition of 604 “rule” provided in s. 120.52 shall be incorporated by reference 605 into the appropriate rule. The reference shall specifically 606 state that the form is being incorporated by reference and shall 607 include the number, title, and effective date of the form and an 608 explanation of how the form may be obtained. Each form created 609 by an agency which is incorporated by reference in a rule notice 610 of which is given under s. 120.54(3)(a) after December 31, 2007, 611 must clearly display the number, title, and effective date of 612 the form and the number of the rule in which the form is 613 incorporated. 614 5. The department shall allow material incorporated by 615 reference to be filed in electronic form as prescribed by 616 department rule. When a rule is filed for adoption with 617 incorporated material in electronic form, the department’s 618 publication of the Florida Administrative Code on its Internet 619 website must contain a hyperlink from the incorporating 620 reference in the rule directly to that material. The department 621 may not allow hyperlinks from rules in the Florida 622 Administrative Code to any material other than that filed with 623 and maintained by the department, but may allow hyperlinks to 624 incorporated material maintained by the department from the 625 adopting agency’s website or other sites. 626 Reviser’s note.—Amended to correct an apparent error 627 and conform to context. Prior to the amendment of s. 628 120.55 by ss. 8 and 9, ch. 2008-104, Laws of Florida, 629 the reference to history notes was cited at s. 630 120.545(9); s. 120.545(9) became s. 120.545(7) by s. 631 7, ch. 2008-104; current s. 120.545(7) references 632 history notes. 633 Section 13. Subsection (2) and paragraph (b) of subsection 634 (3) of section 121.053, Florida Statutes, are amended to read: 635 121.053 Participation in the Elected Officers’ Class for 636 retired members.— 637 (2) A retired member of the Florida Retirement System, or 638 an existing system as defined in s. 121.021, who, beginning July 639 1, 1990, through June 30, 2010, serves in an elective office 640 covered by the Elected Officers’ Class shall be enrolled in the 641 appropriate subclass of the Elected Officers’ Class of the 642 Florida Retirement System, and applicable contributions shall be 643 paid into the Florida Retirement System Trust Fund as provided 644 in s. 121.052(7). 645 (a) The member may continue to receive retirement benefits 646 as well as compensation for the elected officer service if he or 647 she remains in an elective office covered by the Elected 648 Officers’ Class. 649 (b) If the member serves in an elective office covered by 650 the Elected Officers’ Class and becomes vested under that class, 651 he or she is entitled to receive an additional retirement 652 benefit for the elected officer service. 653 (c) The member is entitled to purchase additional 654 retirement credit in the Elected Officers’ Class for any 655 postretirement service performed in an elected position eligible 656 for the Elected Officers’ Class before July 1, 1990, or in the 657 Regular Class for any postretirement service performed in any 658 other regularly established position before July 1, 1991, by 659 paying the applicable Elected Officers’ Class or Regular Class 660 employee and employer contributions for the period being 661 claimed, plus 4 percent interest compounded annually from the 662 first year of service claimed until July 1, 1975, and 6.5 663 percent interest compounded thereafter, until full payment is 664 made to the Florida Retirement System Trust Fund. The 665 contribution for postretirement Regular Class service between 666 July 1, 1985, and July 1, 1991, for which the reemployed retiree 667 contribution was paid, is the difference between the 668 contribution and the total applicable contribution for the 669 period being claimed, plus interest. The employer may pay the 670 applicable employer contribution in lieu of the member. If a 671 member does not wish to claim credit for all of the 672 postretirement service for which he or she is eligible, the 673 service the member claims must be the most recent service. Any 674 retiree who served in an elective office before July 1, 1990, 675 suspended his or her retirement benefits, and had his or her 676 Florida Retirement System membership reinstated shall, upon 677 retirement from such office, have his or her retirement benefit 678 recalculated to include the additional service and compensation 679 earned. 680 (d) Creditable service for which credit was received, or 681 which remained unclaimed, at retirement may not be claimed or 682 applied toward service credit earned following renewed 683 membership. However, service earned in accordance with the 684 renewed membership provisions of s. 121.122 may be used in 685 conjunction with creditable service earned under this 686 subsection, if applicable vesting requirements and other 687 existing statutory conditions required by this chapter are met. 688 689 However, an officer electing to participate in the Deferred 690 Retirement Option Program on or before June 30, 2002, is not 691 required to terminate and remains subject to the provisions of 692 this subsectionparagraphas adopted in s. 1, chapter 2001-235, 693 Laws of Florida. 694 (3) On or after July 1, 2010: 695 (b) An elected officer who is elected or appointed to an 696 elective office and is participating in the Deferred Retirement 697 Option Program is subject to termination as defined in s. 698 121.021 upon completion of his or her DROP participation period. 699 An elected official may defer termination as provided in 700 subsection (7)paragraph (2)(e). 701 Reviser’s note.—Subsection (2) is amended to confirm 702 an editorial substitution made to conform to the 703 compilation of the 2009 Florida Statutes. Paragraph 704 (3)(b) is amended to correct an erroneous reference 705 and conform to context; paragraph (2)(e) does not 706 exist, and subsection (7) relates to deferral of 707 termination for elected officials. 708 Section 14. Paragraph (b) of subsection (1) of section 709 121.081, Florida Statutes, is amended to read: 710 121.081 Past service; prior service; contributions. 711 Conditions under which past service or prior service may be 712 claimed and credited are: 713 (1) 714 (b) Past service earned after January 1, 1975, may be 715 claimed by officers or employees of a municipality, metropolitan 716 planning organization, charter school, charter technical career 717 center, or special district who become a covered group under 718 this system. The governing body of a covered group may elect to 719 provide benefits fortopast service earned after January 1, 720 1975, in accordance with this chapter, and the cost for such 721 past service is established by applying the following formula: 722 The employer shall contribute an amount equal to the 723 contribution rate in effect at the time the service was earned, 724 multiplied by the employee’s gross salary for each year of past 725 service claimed, plus 6.5-percent interest thereon, compounded 726 annually, figured on each year of past service, with interest 727 compounded from date of annual salary earned until date of 728 payment. 729 Reviser’s note.—Amended to confirm an editorial 730 deletion made to improve clarity and facilitate 731 correct interpretation. 732 Section 15. Paragraph (b) of subsection (9) and paragraph 733 (a) of subsection (13) of section 121.091, Florida Statutes, are 734 amended to read: 735 121.091 Benefits payable under the system.—Benefits may not 736 be paid under this section unless the member has terminated 737 employment as provided in s. 121.021(39)(a) or begun 738 participation in the Deferred Retirement Option Program as 739 provided in subsection (13), and a proper application has been 740 filed in the manner prescribed by the department. The department 741 may cancel an application for retirement benefits when the 742 member or beneficiary fails to timely provide the information 743 and documents required by this chapter and the department’s 744 rules. The department shall adopt rules establishing procedures 745 for application for retirement benefits and for the cancellation 746 of such application when the required information or documents 747 are not received. 748 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.— 749 (b) Any person whose retirement is effective before July 1, 750 2010, or whose participation in the Deferred Retirement Option 751 Program terminates before July 1, 2010, except under the 752 disability retirement provisions of subsection (4) or as 753 provided in s. 121.053, may be reemployed by an employer that 754 participates in a state-administered retirement system and 755 receive retirement benefits and compensation from that employer, 756 except that the person may not be reemployed by an employer 757 participating in the Florida Retirement System before meeting 758 the definition of termination in s. 121.021 and may not receive 759 both a salary from the employer and retirement benefits for 12 760 calendar months immediately subsequent to the date of 761 retirement. However, a DROP participant shall continue 762 employment and receive a salary during the period of 763 participation in the Deferred Retirement Option Program, as 764 provided in subsection (13). 765 1. A retiree who violates such reemployment limitation 766 before completion of the 12-month limitation period must give 767 timely notice of this fact in writing to the employer and to the 768 Division of Retirement or the state board and shall have his or 769 her retirement benefits suspended for the months employed or the 770 balance of the 12-month limitation period as required in sub 771 subparagraphs b. and c. A retiree employed in violation of this 772 paragraph and an employer who employs or appoints such person 773 are jointly and severally liable for reimbursement to the 774 retirement trust fund, including the Florida Retirement System 775 Trust Fund and the Public Employee Optional Retirement Program 776 Trust Fund, from which the benefits were paid. The employer must 777 have a written statement from the retiree that he or she is not 778 retired from a state-administered retirement system. Retirement 779 benefits shall remain suspended until repayment has been made. 780 Benefits suspended beyond the reemployment limitation shall 781 apply toward repayment of benefits received in violation of the 782 reemployment limitation. 783 a. A district school board may reemploy a retiree as a 784 substitute or hourly teacher, education paraprofessional, 785 transportation assistant, bus driver, or food service worker on 786 a noncontractual basis after he or she has been retired for 1 787 calendar month. A district school board may reemploy a retiree 788 as instructional personnel, as defined in s. 1012.01(2)(a), on 789 an annual contractual basis after he or she has been retired for 790 1 calendar month. Any member who is reemployed within 1 calendar 791 month after retirement shall void his or her application for 792 retirement benefits. District school boards reemploying such 793 teachers, education paraprofessionals, transportation 794 assistants, bus drivers, or food service workers are subject to 795 the retirement contribution required by subparagraph 2. 796 b. A community college board of trustees may reemploy a 797 retiree as an adjunct instructor or as a participant in a phased 798 retirement program within the Florida Community College System, 799 after he or she has been retired for 1 calendar month. A member 800 who is reemployed within 1 calendar month after retirement shall 801 void his or her application for retirement benefits. Boards of 802 trustees reemploying such instructors are subject to the 803 retirement contribution required in subparagraph 2. A retiree 804 may be reemployed as an adjunct instructor for no more than 780 805 hours during the first 12 months of retirement. A retiree 806 reemployed for more than 780 hours during the first 12 months of 807 retirement must give timely notice in writing to the employer 808 and to the Division of Retirement or the state board of the date 809 he or she will exceed the limitation. The division shall suspend 810 his or her retirement benefits for the remainder of the 12 811 months of retirement. Any retiree employed in violation of this 812 sub-subparagraph and any employer who employs or appoints such 813 person without notifying the division to suspend retirement 814 benefits are jointly and severally liable for any benefits paid 815 during the reemployment limitation period. The employer must 816 have a written statement from the retiree that he or she is not 817 retired from a state-administered retirement system. Any 818 retirement benefits received by the retiree while reemployed in 819 excess of 780 hours during the first 12 months of retirement 820 must be repaid to the Florida Retirement System Trust Fund, and 821 retirement benefits shall remain suspended until repayment is 822 made. Benefits suspended beyond the end of the retiree’s first 823 12 months of retirement shall apply toward repayment of benefits 824 received in violation of the 780-hour reemployment limitation. 825 c. The State University System may reemploy a retiree as an 826 adjunct faculty member or as a participant in a phased 827 retirement program within the State University System after the 828 retiree has been retired for 1 calendar month. A member who is 829 reemployed within 1 calendar month after retirement shall void 830 his or her application for retirement benefits. The State 831 University System is subject to the retired contribution 832 required in subparagraph 2., as appropriate. A retiree may be 833 reemployed as an adjunct faculty member or a participant in a 834 phased retirement program for no more than 780 hours during the 835 first 12 months of his or her retirement. A retiree reemployed 836 for more than 780 hours during the first 12 months of retirement 837 must give timely notice in writing to the employer and to the 838 Division of Retirement or the state board of the date he or she 839 will exceed the limitation. The division shall suspend his or 840 her retirement benefits for the remainder of the 12 months. Any 841 retiree employed in violation of this sub-subparagraph and any 842 employer who employs or appoints such person without notifying 843 the division to suspend retirement benefits are jointly and 844 severally liable for any benefits paid during the reemployment 845 limitation period. The employer must have a written statement 846 from the retiree that he or she is not retired from a state 847 administered retirement system. Any retirement benefits received 848 by the retiree while reemployed in excess of 780 hours during 849 the first 12 months of retirement must be repaid to the Florida 850 Retirement System Trust Fund, and retirement benefits shall 851 remain suspended until repayment is made. Benefits suspended 852 beyond the end of the retiree’s first 12 months of retirement 853 shall apply toward repayment of benefits received in violation 854 of the 780-hour reemployment limitation. 855 d. The Board of Trustees of the Florida School for the Deaf 856 and the Blind may reemploy a retiree as a substitute teacher, 857 substitute residential instructor, or substitute nurse on a 858 noncontractual basis after he or she has been retired for 1 859 calendar month. Any member who is reemployed within 1 calendar 860 month after retirement shall void his or her application for 861 retirement benefits. The Board of Trustees of the Florida School 862 for the Deaf and the Blind reemploying such teachers, 863 residential instructors, or nurses is subject to the retirement 864 contribution required by subparagraph 2. 865 e. A developmental research school may reemploy a retiree 866 as a substitute or hourly teacher or an education 867 paraprofessional as defined in s. 1012.01(2) on a noncontractual 868 basis after he or she has been retired for 1 calendar month. A 869 developmental research school may reemploy a retiree as 870 instructional personnel, as defined in s. 1012.01(2)(a), on an 871 annual contractual basis after he or she has been retired for 1 872 calendar month after retirement. Any member who is reemployed 873 within 1 calendar month voids his or her application for 874 retirement benefits. A developmental research school that 875 reemploys retired teachers and education paraprofessionals is 876 subject to the retirement contribution required by subparagraph 877 2. 878 f. A charter school may reemploy a retiree as a substitute 879 or hourly teacher on a noncontractual basis after he or she has 880 been retired for 1 calendar month. A charter school may reemploy 881 a retired member as instructional personnel, as defined in s. 882 1012.01(2)(a), on an annual contractual basis after he or she 883 has been retired for 1 calendar month after retirement. Any 884 member who is reemployed within 1 calendar month voids his or 885 her application for retirement benefits. A charter school that 886 reemploys such teachers is subject to the retirement 887 contribution required by subparagraph 2. 888 2. The employment of a retiree or DROP participant of a 889 state-administered retirement system does not affect the average 890 final compensation or years of creditable service of the retiree 891 or DROP participant. Before July 1, 1991, upon employment of any 892 person, other than an elected officer as provided in s. 121.053, 893 who is retired under a state-administered retirement program, 894 the employer shall pay retirement contributions in an amount 895 equal to the unfunded actuarial liability portion of the 896 employer contribution which would be required for regular 897 members of the Florida Retirement System. Effective July 1, 898 1991, contributions shall be made as provided in s. 121.122 for 899 retirees who have renewed membership or, as provided in 900 subsection (13), for DROP participants. 901 3. Any person who is holding an elective public office 902 which is covered by the Florida Retirement System and who is 903 concurrently employed in nonelected covered employment may elect 904 to retire while continuing employment in the elective public 905 office if he or she terminates his or her nonelected covered 906 employment. Such person shall receive his or her retirement 907 benefits in addition to the compensation of the elective office 908 without regard to the time limitations otherwise provided in 909 this subsection. A person who seeks to exercise the provisions 910 of this subparagraph as they existed before May 3, 1984, may not 911 be deemed to be retired under those provisions, unless such 912 person is eligible to retire under this subparagraph, as amended 913 by chapter 84-11, Laws of Florida. 914 (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and 915 subject to this section, the Deferred Retirement Option Program, 916 hereinafter referred to as DROP, is a program under which an 917 eligible member of the Florida Retirement System may elect to 918 participate, deferring receipt of retirement benefits while 919 continuing employment with his or her Florida Retirement System 920 employer. The deferred monthly benefits shall accrue in the 921 Florida Retirement System on behalf of the participant, plus 922 interest compounded monthly, for the specified period of the 923 DROP participation, as provided in paragraph (c). Upon 924 termination of employment, the participant shall receive the 925 total DROP benefits and begin to receive the previously 926 determined normal retirement benefits. Participation in the DROP 927 does not guarantee employment for the specified period of DROP. 928 Participation in DROP by an eligible member beyond the initial 929 60-month period as authorized in this subsection shall be on an 930 annual contractual basis for all participants. 931 (a) Eligibility of member to participate in DROP.—All 932 active Florida Retirement System members in a regularly 933 established position, and all active members of the Teachers’ 934 Retirement System established in chapter 238 or the State and 935 County Officers’ and Employees’ Retirement System established in 936 chapter 122, which are consolidated within the Florida 937 Retirement System under s. 121.011, are eligible to elect 938 participation in DROP if: 939 1. The member is not a renewed member under s. 121.122 or a 940 member of the State Community College System Optional Retirement 941 Program under s. 121.051, the Senior Management Service Optional 942 Annuity Program under s. 121.055, or the optional retirement 943 program for the State University System under s. 121.35. 944 2. Except as provided in subparagraph 6., election to 945 participate is made within 12 months immediately following the 946 date on which the member first reaches normal retirement date, 947 or, for a member who reaches normal retirement date based on 948 service before he or she reaches age 62, or age 55 for Special 949 Risk Class members, election to participate may be deferred to 950 the 12 months immediately following the date the member attains 951 age 57, or age 52 for Special Risk Class members. A member who 952 delays DROP participation during the 12-month period immediately 953 following his or her maximum DROP deferral date, except as 954 provided in subparagraph 6., loses a month of DROP participation 955 for each month delayed. A member who fails to make an election 956 within the 12-month limitation period forfeits all rights to 957 participate in DROP. The member shall advise his or her employer 958 and the division in writing of the date DROP begins. The 959 beginning date may be subsequent to the 12-month election period 960 but must be within the original 60-month participation period 961 provided in subparagraph (b)1. When establishing eligibility of 962 the member to participate in DROP, the member may elect to 963 include or exclude any optional service credit purchased by the 964 member from the total service used to establish the normal 965 retirement date. A member who has dual normal retirement dates 966 is eligible to elect to participate in DROP after attaining 967 normal retirement date in either class. 968 3. The employer of a member electing to participate in 969 DROP, or employers if dually employed, shall acknowledge in 970 writing to the division the date the member’s participation in 971 DROP begins and the date the member’s employment and DROP 972 participation will terminate. 973 4. Simultaneous employment of a participant by additional 974 Florida Retirement System employers subsequent to the 975 commencement of participation in DROP is permissible if such 976 employers acknowledge in writing a DROP termination date no 977 later than the participant’s existing termination date or the 978 maximum participation period provided in subparagraph (b)1. 979 5. A DROP participant may change employers while 980 participating in DROP, subject to the following: 981 a. A change of employment must take place without a break 982 in service so that the member receives salary for each month of 983 continuous DROP participation. If a member receives no salary 984 during a month, DROP participation shall cease unless the 985 employer verifies a continuation of the employment relationship 986 for such participant pursuant to s. 121.021(39)(b). 987 b. Such participant and new employer shall notify the 988 division of the identity of the new employer on forms required 989 by the division. 990 c. The new employer shall acknowledge, in writing, the 991 participant’s DROP termination date, which may be extended but 992 not beyond the maximum participation period provided in 993 subparagraph (b)1., shall acknowledge liability for any 994 additional retirement contributions and interest required if the 995 participant fails to timely terminate employment, and is subject 996 to the adjustment required in sub-subparagraph (c)5.d. 997 6. Effective July 1, 2001, for instructional personnel as 998 defined in s. 1012.01(2), election to participate in DROP may be 999 made at any time following the date on which the member first 1000 reaches normal retirement date. The member shall advise his or 1001 her employer and the division in writing of the date on which 1002 DROP begins. When establishing eligibility of the member to 1003 participate in DROP for the 60-month participation period 1004 provided in subparagraph (b)1., the member may elect to include 1005 or exclude any optional service credit purchased by the member 1006 from the total service used to establish the normal retirement 1007 date. A member who has dual normal retirement dates is eligible 1008 to elect to participate in either class. 1009 Reviser’s note.—Amended to confirm editorial 1010 insertions made to improve clarity and facilitate 1011 correct interpretation. 1012 Section 16. Subsection (6) of section 163.31771, Florida 1013 Statutes, is repealed. 1014 Reviser’s note.—Repealed to delete a provision 1015 relating to a report due January 1, 2007, on the 1016 effectiveness of using accessory dwelling units to 1017 address a local government’s shortage of affordable 1018 housing. 1019 Section 17. Paragraph (e) of subsection (15) of section 1020 163.3180, Florida Statutes, is repealed, and paragraph (e) of 1021 subsection (5) of that section is amended to read: 1022 163.3180 Concurrency.— 1023 (5) 1024 (e) Before designating a concurrency exception area 1025 pursuant to subparagraph (b)7.(b)6., the state land planning 1026 agency and the Department of Transportation shall be consulted 1027 by the local government to assess the impact that the proposed 1028 exception area is expected to have on the adopted level-of 1029 service standards established for regional transportation 1030 facilities identified pursuant to s. 186.507, including the 1031 Strategic Intermodal System and roadway facilities funded in 1032 accordance with s. 339.2819. Further, the local government shall 1033 provide a plan for the mitigation of impacts to the Strategic 1034 Intermodal System, including, if appropriate, access management, 1035 parallel reliever roads, transportation demand management, and 1036 other measures. 1037 Reviser’s note.—Paragraph (5)(e) is amended to confirm 1038 an editorial substitution made to conform to context 1039 and correct an apparent error. Paragraph (15)(e) is 1040 repealed to delete a provision relating to a pilot 1041 project to study the benefits of and barriers to 1042 establishing a regional multimodal transportation 1043 concurrency district and requiring the Department of 1044 Transportation, in consultation with the state land 1045 planning agency, to submit a report by March 1, 2009, 1046 on the status of the pilot project. 1047 Section 18. Subsection (8) of section 175.071, Florida 1048 Statutes, is amended to read: 1049 175.071 General powers and duties of board of trustees.—For 1050 any municipality, special fire control district, chapter plan, 1051 local law municipality, local law special fire control district, 1052 or local law plan under this chapter: 1053 (8) Notwithstanding paragraph (1)(b) and as provided in s. 1054 215.473, the board of trustees must identify and publicly report 1055 any direct or indirect holdings it may have in any scrutinized 1056 company, as defined in that section, and proceed to sell, 1057 redeem, divest, or withdraw all publicly traded securities it 1058 may have in that company beginning January 1, 2010. The 1059 divestiture of any such security must be completed by September 1060 30, 2010. The board and its named officers or investment 1061 advisors may not be deemed to have breached their fiduciary duty 1062 in any action taken to dispose of any such security, and the 1063 board shall have satisfactorily discharged the fiduciary duties 1064 of loyalty, prudence, and sole and exclusive benefit to the 1065 participants of the pension fund and their beneficiaries if the 1066 actions it takes are consistent with the duties imposed by s. 1067 215.473, and the manner of the disposition, if any, is 1068 reasonable as to the means chosen. For the purposes of effecting 1069 compliance with that section, the pension fund shall designate 1070 terror-free plans that allocate their funds among securities not 1071 subject to divestiture. No person may bring any civil, criminal, 1072 or administrative action against the board of trustees or any 1073 employee, officer, director, or advisor of such pension fund 1074 based upon the divestiture of any security pursuant to this 1075 subsectionparagraph. 1076 Reviser’s note.—Amended to confirm an editorial 1077 substitution made to conform to context. 1078 Section 19. Subsection (7) of section 185.06, Florida 1079 Statutes, is amended to read: 1080 185.06 General powers and duties of board of trustees.—For 1081 any municipality, chapter plan, local law municipality, or local 1082 law plan under this chapter: 1083 (7) Notwithstanding paragraph (1)(b) and as provided in s. 1084 215.473, the board of trustees must identify and publicly report 1085 any direct or indirect holdings it may have in any scrutinized 1086 company, as defined in that section, and proceed to sell, 1087 redeem, divest, or withdraw all publicly traded securities it 1088 may have in that company beginning January 1, 2010. The 1089 divestiture of any such security must be completed by September 1090 10, 2010. The board and its named officers or investment 1091 advisors may not be deemed to have breached their fiduciary duty 1092 in any action taken to dispose of any such security, and the 1093 board shall have satisfactorily discharged the fiduciary duties 1094 of loyalty, prudence, and sole and exclusive benefit to the 1095 participants of the pension fund and their beneficiaries if the 1096 actions it takes are consistent with the duties imposed by s. 1097 215.473, and the manner of the disposition, if any, is 1098 reasonable as to the means chosen. For the purposes of effecting 1099 compliance with that section, the pension fund shall designate 1100 terror-free plans that allocate their funds among securities not 1101 subject to divestiture. No person may bring any civil, criminal, 1102 or administrative action against the board of trustees or any 1103 employee, officer, director, or advisor of such pension fund 1104 based upon the divestiture of any security pursuant to this 1105 subsectionparagraph. 1106 Reviser’s note.—Amended to confirm an editorial 1107 substitution made to conform to context. 1108 Section 20. Subsection (2) of section 192.001, Florida 1109 Statutes, is amended to read: 1110 192.001 Definitions.—All definitions set out in chapters 1 1111 and 200 that are applicable to this chapter are included herein. 1112 In addition, the following definitions shall apply in the 1113 imposition of ad valorem taxes: 1114 (2) “Assessed value of property” means an annual 1115 determination of the just or fair market value of an item or 1116 property or the value of the homestead property as limited 1117 pursuant to s. 4(d)4(c), Art. VII of the State Constitution or, 1118 if a property is assessed solely on the basis of character or 1119 use or at a specified percentage of its value, pursuant to s. 1120 4(a) or 4(c)(b), Art. VII of the State Constitution, its 1121 classified use value or fractional value. 1122 Reviser’s note.—Amended to conform to the addition of 1123 a new s. 4(b), Art. VII of the State Constitution 1124 pursuant to adoption of the constitutional amendment 1125 by the Taxation and Budget Reform Commission, Revision 1126 No. 4, in 2008. 1127 Section 21. Paragraph (a) of subsection (1) of section 1128 192.0105, Florida Statutes, is amended to read: 1129 192.0105 Taxpayer rights.—There is created a Florida 1130 Taxpayer’s Bill of Rights for property taxes and assessments to 1131 guarantee that the rights, privacy, and property of the 1132 taxpayers of this state are adequately safeguarded and protected 1133 during tax levy, assessment, collection, and enforcement 1134 processes administered under the revenue laws of this state. The 1135 Taxpayer’s Bill of Rights compiles, in one document, brief but 1136 comprehensive statements that summarize the rights and 1137 obligations of the property appraisers, tax collectors, clerks 1138 of the court, local governing boards, the Department of Revenue, 1139 and taxpayers. Additional rights afforded to payors of taxes and 1140 assessments imposed under the revenue laws of this state are 1141 provided in s. 213.015. The rights afforded taxpayers to assure 1142 that their privacy and property are safeguarded and protected 1143 during tax levy, assessment, and collection are available only 1144 insofar as they are implemented in other parts of the Florida 1145 Statutes or rules of the Department of Revenue. The rights so 1146 guaranteed to state taxpayers in the Florida Statutes and the 1147 departmental rules include: 1148 (1) THE RIGHT TO KNOW.— 1149 (a) The right to be mailed notice of proposed property 1150 taxes and proposed or adopted non-ad valorem assessments (see 1151 ss. 194.011(1), 200.065(2)(b) and (d) and (13)(a), and 200.069). 1152 The notice must also inform the taxpayer that the final tax bill 1153 may contain additional non-ad valorem assessments (see s. 1154 200.069(9)200.069(10)). 1155 Reviser’s note.—Amended to conform to the 1156 redesignation of s. 200.069(10) as s. 200.069(9) by s. 1157 1, ch. 2009-165, Laws of Florida. 1158 Section 22. Paragraph (a) of subsection (1) of section 1159 193.1555, Florida Statutes, is amended to read: 1160 193.1555 Assessment of certain residential and 1161 nonresidential real property.— 1162 (1) As used in this section, the term: 1163 (a) “Nonresidential real property” means real property that 1164 is not subject to the assessment limitations set forth in s. 1165 4(a), (c), (d), or (g)4(a)-(c) or s. 4(f), Art. VII of the 1166 State Constitution. 1167 Reviser’s note.—Amended to conform to the addition of 1168 a new s. 4(b), Art. VII of the State Constitution 1169 pursuant to adoption of the constitutional amendment 1170 by the Taxation and Budget Reform Commission, Revision 1171 No. 4, in 2008. 1172 Section 23. Subsection (1) of section 193.503, Florida 1173 Statutes, is amended to read: 1174 193.503 Classification and assessment of historic property 1175 used for commercial or certain nonprofit purposes.— 1176 (1) Pursuant to s. 4(e)4(d), Art. VII of the State 1177 Constitution, the board of county commissioners of a county or 1178 the governing authority of a municipality may adopt an ordinance 1179 providing for assessment of historic property used for 1180 commercial or certain nonprofit purposes as described in this 1181 section solely on the basis of character or use as provided in 1182 this section. Such character or use assessment shall apply only 1183 to the jurisdiction adopting the ordinance. The board of county 1184 commissioners or municipal governing authority shall notify the 1185 property appraiser of the adoption of such ordinance no later 1186 than December 1 of the year prior to the year such assessment 1187 will take effect. If such assessment is granted only for a 1188 specified period or the ordinance is repealed, the board of 1189 county commissioners or municipal governing authority shall 1190 notify the property appraiser no later than December 1 of the 1191 year prior to the year the assessment expires. 1192 Reviser’s note.—Amended to conform to the addition of 1193 a new s. 4(b), Art. VII of the State Constitution 1194 pursuant to adoption of the constitutional amendment 1195 by the Taxation and Budget Reform Commission, Revision 1196 No. 4, in 2008. 1197 Section 24. Subsection (1) of section 193.703, Florida 1198 Statutes, is amended to read: 1199 193.703 Reduction in assessment for living quarters of 1200 parents or grandparents.— 1201 (1) In accordance with s. 4(f)4(e), Art. VII of the State 1202 Constitution, a county may provide for a reduction in the 1203 assessed value of homestead property which results from the 1204 construction or reconstruction of the property for the purpose 1205 of providing living quarters for one or more natural or adoptive 1206 parents or grandparents of the owner of the property or of the 1207 owner’s spouse if at least one of the parents or grandparents 1208 for whom the living quarters are provided is at least 62 years 1209 of age. 1210 Reviser’s note.—Amended to conform to the addition of 1211 a new s. 4(b), Art. VII of the State Constitution 1212 pursuant to adoption of the constitutional amendment 1213 by the Taxation and Budget Reform Commission, Revision 1214 No. 4, in 2008. 1215 Section 25. Paragraph (c) of subsection (9) of section 1216 196.011, Florida Statutes, is amended to read: 1217 196.011 Annual application required for exemption.— 1218 (9) 1219 (c) A county may, at the request of the property appraiser 1220 and by a majority vote of its governing body, waive the 1221 requirement that an annual application be made for the veteran’s 1222 disability discount granted pursuant to s. 6(e)6(g), Art. VII 1223 of the State Constitution after an initial application is made 1224 and the discount granted. The disabled veteran receiving a 1225 discount for which annual application has been waived shall 1226 notify the property appraiser promptly whenever the use of the 1227 property or the percentage of disability to which the veteran is 1228 entitled changes. If a disabled veteran fails to notify the 1229 property appraiser and the property appraiser determines that 1230 for any year within the prior 10 years the veteran was not 1231 entitled to receive all or a portion of such discount, the 1232 penalties and processes in paragraph (a) relating to the failure 1233 to notify the property appraiser of ineligibility for an 1234 exemption shall apply. 1235 Reviser’s note.—Amended to conform to the deletion of 1236 former s. 6(c) and (d), Art. VII of the State 1237 Constitution pursuant to adoption of the 1238 constitutional amendment by C.S. for S.J.R. 2-D (2007) 1239 in 2008. 1240 Section 26. Subsection (2) of section 196.075, Florida 1241 Statutes, is amended to read: 1242 196.075 Additional homestead exemption for persons 65 and 1243 older.— 1244 (2) In accordance with s. 6(d)6(f), Art. VII of the State 1245 Constitution, the board of county commissioners of any county or 1246 the governing authority of any municipality may adopt an 1247 ordinance to allow an additional homestead exemption of up to 1248 $50,000 for any person who has the legal or equitable title to 1249 real estate and maintains thereon the permanent residence of the 1250 owner, who has attained age 65, and whose household income does 1251 not exceed $20,000. 1252 Reviser’s note.—Amended to conform to the deletion of 1253 former s. 6(c) and (d), Art. VII of the State 1254 Constitution pursuant to adoption of the 1255 constitutional amendment by C.S. for S.J.R. 2-D (2007) 1256 in 2008. 1257 Section 27. Subsection (7) of section 196.1975, Florida 1258 Statutes, is amended to read: 1259 196.1975 Exemption for property used by nonprofit homes for 1260 the aged.—Nonprofit homes for the aged are exempt to the extent 1261 that they meet the following criteria: 1262 (7) It is declared to be the intent of the Legislature that 1263 subsection (3) implements the ad valorem tax exemption 1264 authorized in the third sentence of s. 3(a), Art. VII, State 1265 Constitution, and the remaining subsections implement s. 6(c) 12666(e), Art. VII, State Constitution, for purposes of granting 1267 such exemption to homes for the aged. 1268 Reviser’s note.—Amended to conform to the deletion of 1269 former s. 6(c) and (d), Art. VII of the State 1270 Constitution pursuant to adoption of the 1271 constitutional amendment by C.S. for S.J.R. 2-D (2007) 1272 in 2008. 1273 Section 28. Subsection (5) of section 196.1977, Florida 1274 Statutes, is amended to read: 1275 196.1977 Exemption for property used by proprietary 1276 continuing care facilities.— 1277 (5) It is the intent of the Legislature that this section 1278 implements s. 6(c)6(e), Art. VII of the State Constitution. 1279 Reviser’s note.—Amended to conform to the deletion of 1280 former s. 6(c) and (d), Art. VII of the State 1281 Constitution pursuant to adoption of the 1282 constitutional amendment by C.S. for S.J.R. 2-D (2007) 1283 in 2008. 1284 Section 29. Subsection (5) of section 197.402, Florida 1285 Statutes, is repealed. 1286 Reviser’s note.—Repeals material requiring Lake, 1287 Marion, Seminole, and Sumter Counties to enter into a 1288 2-year pilot program regarding advertising and payment 1289 of delinquent property taxes and, by October 1, 2007, 1290 each county’s tax collector to submit a report to the 1291 President of the Senate and the Speaker of the House 1292 of Representatives. 1293 Section 30. Paragraph (a) of subsection (2), paragraph (f) 1294 of subsection (4), and paragraph (b) of subsection (10) of 1295 section 200.069, Florida Statutes, are amended to read: 1296 200.069 Notice of proposed property taxes and non-ad 1297 valorem assessments.—Pursuant to s. 200.065(2)(b), the property 1298 appraiser, in the name of the taxing authorities and local 1299 governing boards levying non-ad valorem assessments within his 1300 or her jurisdiction and at the expense of the county, shall 1301 prepare and deliver by first-class mail to each taxpayer to be 1302 listed on the current year’s assessment roll a notice of 1303 proposed property taxes, which notice shall contain the elements 1304 and use the format provided in the following form. 1305 Notwithstanding the provisions of s. 195.022, no county officer 1306 shall use a form other than that provided herein. The Department 1307 of Revenue may adjust the spacing and placement on the form of 1308 the elements listed in this section as it considers necessary 1309 based on changes in conditions necessitated by various taxing 1310 authorities. If the elements are in the order listed, the 1311 placement of the listed columns may be varied at the discretion 1312 and expense of the property appraiser, and the property 1313 appraiser may use printing technology and devices to complete 1314 the form, the spacing, and the placement of the information in 1315 the columns. A county officer may use a form other than that 1316 provided by the department for purposes of this part, but only 1317 if his or her office pays the related expenses and he or she 1318 obtains prior written permission from the executive director of 1319 the department; however, a county officer may not use a form the 1320 substantive content of which is at variance with the form 1321 prescribed by the department. The county officer may continue to 1322 use such an approved form until the law that specifies the form 1323 is amended or repealed or until the officer receives written 1324 disapproval from the executive director. 1325 (2)(a) The notice shall include a brief legal description 1326 of the property, the name and mailing address of the owner of 1327 record, and the tax information applicable to the specific 1328 parcel in question. The information shall be in columnar form. 1329 There shall be seven column headings which shall read: “Taxing 1330 Authority,” “Your Property Taxes Last Year,” “Last Year’s 1331 Adjusted Tax Rate (Millage),” “Your Taxes This Year IF NO Budget 1332 Change Is Adopted,” “Tax Rate This Year IF PROPOSED Budget Is 1333 Adopted (Millage),” “Your Taxes This Year IF PROPOSED Budget 1334 Change Is Adopted,” and “A Public Hearing on the Proposed Taxes 1335 and Budget Will Be Held:.” 1336 (4) For each entry listed in subsection (3), there shall 1337 appear on the notice the following: 1338 (f) In the sixth column, the gross amount of ad valorem 1339 taxes that must be levied in the current year if the proposed 1340 budget is adopted. 1341 (10) 1342 (b) If the notice includes all adopted non-ad valorem 1343 assessments, the provisions contained in subsection (9)(10)1344 shall not be placed on the notice. 1345 Reviser’s note.—Paragraphs (2)(a) and (4)(f) are 1346 amended to confirm editorial insertions made to 1347 improve clarity and facilitate correct interpretation. 1348 Paragraph (10)(b) is amended to conform to the 1349 redesignation of former subsection (10) as subsection 1350 (9) by s. 1, ch. 2009-165, Laws of Florida. 1351 Section 31. Subsection (1) of section 210.1801, Florida 1352 Statutes, is amended to read: 1353 210.1801 Exempt cigarettes for members of recognized Indian 1354 tribes.— 1355 (1) Notwithstanding any provision of this chapter to the 1356 contrary, a member of an Indian tribe recognized in this state 1357 who purchases cigarettes on an Indian reservation for his or her 1358 own use is exempt from paying a cigarette tax and surcharge. 1359 However, such member purchasing cigarettes outside of an Indian 1360 reservation or a nontribal member purchasing cigarettes on an 1361 Indian reservation is not exempt from paying the cigarette tax 1362 or surcharge when purchasing cigarettes within this state. 1363 Accordingly, the tax and surcharge shall apply to all cigarettes 1364 sold on an Indian reservation to a nontribal member, and 1365 evidence of such tax or surcharge shall be by means of an 1366 affixed cigarette tax and surcharge stamp. 1367 Reviser’s note.—Amended to confirm an editorial 1368 insertion made to improve clarity. 1369 Section 32. Subsection (2) of section 211.06, Florida 1370 Statutes, is amended to read: 1371 211.06 Oil and Gas Tax Trust Fund; distribution of tax 1372 proceeds.—All taxes, interest, and penalties imposed under this 1373 part shall be collected by the department and placed in a 1374 special fund designated the “Oil and Gas Tax Trust Fund.” 1375 (2) Beginning July 1, 1995, the remaining proceeds in the 1376 Oil and Gas Tax Trust Fund shall be distributed monthly by the 1377 department and shall be paid into the State Treasury as follows: 1378 (a) To the credit of the General Revenue Fund of the state: 1379 1. Seventy-five percent of the proceeds from the oil 1380 production tax imposed under s. 211.02(1)(c)211.02(1)(b). 1381 2. Sixty-seven and one-half percent of the proceeds from 1382 the tax on small well oil and tertiary oil imposed under s. 1383 211.02(1)(a). 1384 3. Sixty-seven and one-half percent of the proceeds from 1385 the tax on gas imposed under s. 211.025. 1386 4. Sixty-seven and one-half percent of the proceeds of the 1387 tax on sulfur imposed under s. 211.026. 1388 (b) To the credit of the general revenue fund of the board 1389 of county commissioners of the county where produced, subject to 1390 the service charge imposed under chapter 215: 1391 1. Twelve and one-half percent of the proceeds from the tax 1392 on oil imposed under s. 211.02(1)(c)211.02(1)(b). 1393 2. Twenty percent of the proceeds from the tax on small 1394 well oil and tertiary oil imposed under s. 211.02(1)(a). 1395 3. Twenty percent of the proceeds from the tax on gas 1396 imposed under s. 211.025. 1397 4. Twenty percent of the proceeds from the tax on sulfur 1398 imposed under s. 211.026. 1399 (c) To the credit of the Minerals Trust Fund: 1400 1. Twelve and one-half percent of the proceeds from the tax 1401 on oil imposed under s. 211.02(1)(c)211.02(1)(b). 1402 2. Twelve and one-half percent of the proceeds from the tax 1403 on small well and tertiary oil imposed under s. 211.02(1)(a). 1404 3. Twelve and one-half percent of the proceeds from the tax 1405 on gas imposed under s. 211.025. 1406 4. Twelve and one-half percent of the proceeds from the tax 1407 on sulfur imposed under s. 211.026. 1408 Reviser’s note.—Amended to conform to the 1409 redesignation of s. 211.02(1)(b) as s. 211.02(1)(c) by 1410 s. 1, ch. 2009-139, Laws of Florida. 1411 Section 33. Paragraph (c) of subsection (1) of section 1412 212.098, Florida Statutes, is amended to read: 1413 212.098 Rural Job Tax Credit Program.— 1414 (1) As used in this section, the term: 1415 (c) “Qualified area” means any area that is contained 1416 within a rural area of critical economic concern designated 1417 under s. 288.0656, a county that has a population of fewer than 1418 75,000 persons, or a county that has a population of 125,000 or 1419 less and is contiguous to a county that has a population of less 1420 than 75,000, selected in the following manner: every third year, 1421 the Office of Tourism, Trade, and Economic Development shall 1422 rank and tier the state’s counties according to the following 1423 four factors: 1424 1. Highest unemployment rate for the most recent 36-month 1425 period. 1426 2. Lowest per capita income for the most recent 36-month 1427 period. 1428 3. Highest percentage of residents whose incomes are below 1429 the poverty level, based upon the most recent data available. 1430 4. Average weekly manufacturing wage, based upon the most 1431 recent data available. 1432 Reviser’s note.—Amended to confirm an editorial 1433 insertion made to improve clarity and facilitate 1434 correct interpretation. 1435 Section 34. Subsections (1) and (2) of section 215.211, 1436 Florida Statutes, are amended to read: 1437 215.211 Service charge; elimination or reduction for 1438 specified proceeds.— 1439 (1) Notwithstanding the provisions of s. 215.20(1) and 1440 former s. 215.20(3)(3), the service charge provided in s. 1441 215.20(1) and former s. 215.20(3)(3), which is deducted from 1442 the proceeds of the taxes distributed under ss. 206.606(1), 1443 207.026, 212.0501(6), and 319.32(5), shall be eliminated 1444 beginning July 1, 2000. 1445 (2) Notwithstanding the provisions of s. 215.20(1) and 1446 former s. 215.20(3)(3), the service charge provided in s. 1447 215.20(1) and former s. 215.20(3)(3), which is deducted from 1448 the proceeds of the taxes distributed under ss. 206.608 and 1449 320.072(4), shall be eliminated beginning July 1, 2001. 1450 Reviser’s note.—Amended to conform to the repeal of 1451 former s. 215.20(3) by s. 1, ch. 2009-78, Laws of 1452 Florida. 1453 Section 35. Subsections (15A), (15B), (16), and (17) of 1454 section 238.07, Florida Statutes, as carried forward from the 1455 2008 Florida Statutes, are redesignated as subsections (16), 1456 (17), (18), and (19) of that section and amended to read: 1457 238.07 Regular benefits; survivor benefits.— 1458 (16)(15A)(a) Any member of the Teachers’ Retirement System 1459 who has heretofore, or who hereafter, retires with no less than 1460 10 years of creditable service and who has passed his or her 1461 65th birthday, may, upon application to the department, have his 1462 or her retirement allowance redetermined and thereupon shall be 1463 entitled to a monthly service retirement allowance which shall 1464 be equal to $4 multiplied by the number of years of the member’s 1465 creditable service which shall be payable monthly during his or 1466 her retirement; provided, that the amount of retirement 1467 allowance as determined hereunder, shall be reduced by an amount 1468 equal to: 1469 1. Any social security benefits received by the member, and 1470 2. Any social security benefits that the member is eligible 1471 to receive by reason of his or her own right or through his or 1472 her spouse. 1473 (b) No payment shall be made to a member of the Teachers’ 1474 Retirement System under this act, until the department has 1475 determined the social security status of such member. 1476 (c) Eligibility of a member of the Teachers’ Retirement 1477 System shall be determined under the social security laws and 1478 regulations; provided, however, that a member shall be 1479 considered eligible if the member or the member’s spouse has 1480 reached 65 years of age and would draw social security if the 1481 member or the member’s spouse were not engaged in activity that 1482 results in the member or the member’s spouse receiving income 1483 that would make him or her ineligible to receive social security 1484 benefits. A member of the Teachers’ Retirement System shall be 1485 deemed to be eligible for social security benefits if the member 1486 has this eligibility in his or her own right or through his or 1487 her spouse. 1488 (d) The department shall review, at least annually, the 1489 social security status of all members of the Teachers’ 1490 Retirement System receiving payment under this act and shall 1491 increase or decrease payments to such members as shall be 1492 necessary to carry out the intent of this act. 1493 (e) No member of the Teachers’ Retirement System shall have 1494 his or her retirement allowance reduced or any of his or her 1495 rights impaired by reason of this act. 1496 (f) This subsection shall take effect on January 1, 1962. 1497 (17)(15B)If the member recovers from disability, has his 1498 or her disability benefit terminated, reenters covered 1499 employment, and is continuously employed for a minimum of 1 year 1500 of creditable service, he or she may claim as creditable service 1501 the months during which he or she was receiving a disability 1502 benefit, upon payment of the required contributions. 1503 Contributions shall equal the total required employee and 1504 employer contribution rate during the period the retiree 1505 received retirement benefits, multiplied times his or her rate 1506 of monthly compensation prior to the commencement of disability 1507 retirement for each month of the period claimed, plus 4 percent 1508 interest until July 1, 1975, and 6.5 percent interest thereafter 1509 on such contributions, compounded annually each June 30 to the 1510 date of payment. If the member does not claim credit for all of 1511 the months he or she received disability benefits, the months 1512 claimed must be his or her most recent months of retirement. 1513 (18)(16)(a) Definitions under survivor benefits are: 1514 1. A dependent is a child, widow, widower, or parent of the 1515 deceased member who was receiving not less than one-half of his 1516 or her support from the deceased member at the time of the death 1517 of such member. 1518 2. A child is a natural or legally adopted child of a 1519 member, who: 1520 a. Is under 18 years of age, or 1521 b. Is over 18 years of age but not over 22 years of age and 1522 is enrolled as a student in an accredited educational 1523 institution, or 1524 c. Is 18 years of age or older and is physically or 1525 mentally incapable of self-support, when such mental and 1526 physical incapacity occurred prior to such child obtaining the 1527 age of 18 years. Such person shall cease to be regarded as a 1528 child upon the termination of such physical or mental 1529 disability. The determination as to such physical or mental 1530 incapability shall be vested in the department. 1531 1532 No person shall be considered a child who has married or, except 1533 as provided in sub-subparagraph 2.b. or as to a child who is 1534 physically or mentally incapable of self-support as hereinbefore 1535 set forth, has become 18 years of age. 1536 3. A parent is a natural parent of a member and includes a 1537 lawful spouse of a natural parent. 1538 4. A beneficiary is a person who is entitled to benefits 1539 under this subsection by reason of his or her relation to a 1540 deceased member during the lifetime of such member. 1541 (b) In addition to all other benefits to which a member 1542 shall, subject to the conditions set out below, be entitled, the 1543 beneficiary of such member shall, upon the death of such member, 1544 receive the following benefits: 1545 1546 Minimum period of paid service of member in Florida as regular full-time teacherBeneficiaries of deceased memberBenefits 1547 1. One calendar day Widow or widower who has care of dependent child or children of deceased member.$190 per month for one child. $250 per month if more than one child, maximum benefits $250 per month. 1548 2. One calendar day One or more dependent children if there is no surviving widow or widower.$190 per month per child; maximum benefits $250 per month if more than one child. 1549 3. One calendar day Dependent parents 65 years or older.For each parent, $100 per month for life. 1550 4. One calendar day Designated beneficiary and, if no designated beneficiary, then the executor or administrator of deceased member.$500 lump-sum death benefits payable only once. 1551 5. One calendar day Dependent widow or widower 50 years of age and less than 65 years of age.$150 per month for life. 1552 6. Ten years Widow or widower 65 years of age or older.$175 per month for life. 1553 7. Retired member Designated beneficiary and if no designated beneficiary, then the executor or administrator of deceased retired member.$500 lump-sum death benefits payable only once. 1554 1555 Beginning on July 1, 1971, the lump-sum death benefit, provided 1556 in item 7 above for the retired teacher, shall apply to all 1557 present and future retirees of the systems. 1558 (c) The payment of survivor benefits shall begin as of the 1559 month immediately following the death of the member except where 1560 the beneficiary has not reached the age required to receive 1561 benefits under paragraph (b), in which event the payment of 1562 survivor benefits shall begin as of the month immediately 1563 following the month in which the beneficiary reaches the 1564 required age. Provided that if death occurs during the first 3 1565 years of employment, the payment of survivor benefits shall be 1566 reduced by the amount of monthly benefits the member’s survivors 1567 are entitled to receive under federal social security as either 1568 a survivor of the member or as a covered worker under federal 1569 social security. 1570 (d) Limitations on rights of beneficiary are: 1571 1. The person named as beneficiary in paragraph (b) shall, 1572 in no event, be entitled to receive the benefits set out in such 1573 paragraph unless the death of the member under whom such 1574 beneficiary claims occurs within the period of time after the 1575 member has served in Florida as follows: 1576 1577 Minimum number of yearsof service in FloridaPeriod after serving in Floridain which death of member occurs 1578 3 to 5 ....... 2 years 1579 6 to 9 ....... 5 years 1580 10 or more ....... 10 years 1581 1582 2. Upon the death of a member, the department shall make a 1583 determination of the beneficiary or beneficiaries of the 1584 deceased member and shall pay survivor benefits to such 1585 beneficiary or beneficiaries beginning 1 month immediately 1586 following the death of the member except where the beneficiary 1587 has not reached the age required to receive benefits under 1588 paragraph (b), in which event the payment of survivor benefits 1589 shall begin as of the month immediately following the month in 1590 which the beneficiary reaches the required age. When required by 1591 the department, the beneficiary or beneficiaries shall file an 1592 application for survivor benefits upon forms prescribed by the 1593 department. 1594 3. The beneficiaries of a member to receive survivor 1595 benefits are fixed by this subsection, and a member may not buy 1596 or otherwise change such benefits. He or she may, however, 1597 designate the beneficiary to receive the $500 death benefits. If 1598 a member fails to make this designation, the $500 death benefits 1599 shall be paid to his or her executor or administrator. 1600 4. The beneficiary or beneficiaries of a member whose death 1601 occurs while he or she is in service or while he or she is 1602 receiving a disability allowance under subsection (11), shall 1603 receive survivor benefits under this subsection determined by 1604 the years of service in Florida of the deceased member as set 1605 out in paragraph (b). The requirement that the death of a member 1606 must occur within a certain period of time after service in 1607 Florida as set out in subparagraph (d)1. shall not apply to a 1608 member receiving a disability benefit at the time of his or her 1609 death. 1610 (19)(17)Any person who hereafter elects to receive 1611 retirement benefits under s. 112.05 shall not be entitled to the 1612 retirement benefits of this chapter except for the refund of his 1613 or her accumulated contributions as provided in subsection (13); 1614 likewise any person who elects to receive retirement benefits 1615 under this chapter shall thereby become ineligible to receive 1616 retirement benefits under s. 112.05. 1617 Reviser’s note.—Amended to confirm the editorial 1618 redesignation of subsections (15A) and (15B) as 1619 subsections (16) and (17), which necessitated the 1620 redesignation of subsections (16) and (17) as 1621 subsections (18) and (19). 1622 Section 36. Section 238.071, Florida Statutes, is amended 1623 to read: 1624 238.071 Social security benefits; determination of 1625 retirement allowance.—Any member of the Teachers’ Retirement 1626 System who has heretofore or who hereafter retires and has his 1627 or her retirement allowance redetermined under the provisions of 1628 s. 238.07(16)238.07(15A), shall not after July 1, 1969, have 1629 the amount of the redetermined retirement allowance reduced 1630 because of social security benefits received by the member or 1631 his or her spouse. 1632 Reviser’s note.—Amended to confirm an editorial 1633 substitution made to conform to the editorial 1634 redesignation of s. 238.07(15A) as s. 238.07(16). 1635 Section 37. Paragraphs (a) and (d) of subsection (5) of 1636 section 238.09, Florida Statutes, are amended to read: 1637 238.09 Method of financing.—All of the assets of the 1638 retirement system shall be credited, according to the purposes 1639 for which they are held, to one of four funds; namely, the 1640 Annuity Savings Trust Fund, the Pension Accumulation Trust Fund, 1641 the Expense Trust Fund, and the Survivors’ Benefit Trust Fund. 1642 (5)(a) The survivors’ benefit fund shall be the fund in 1643 which shall be accumulated all reserves for the payment of all 1644 survivor benefits provided for in s. 238.07(18)238.07(16), 1645 except refund of accumulated contributions. There shall be paid 1646 into this fund: 1647 1. All contributions by members based on the rate of 1648 twenty-five-hundredths percent of their salary as set out in 1649 paragraph (b) of this subsection. 1650 2. All contributions by the state to the Survivors’ Benefit 1651 Trust Fund. 1652 3. All transfers from other funds as required by this 1653 subsection. 1654 (d) A member who makes contributions to the Survivors’ 1655 Benefit Trust Fund shall not thereby obtain, prior to July 1, 1656 1959, any vested interest or right to the benefits under s. 1657 238.07(18)238.07(16), and these benefits may be altered, 1658 changed or repealed by the Legislature at its 1959 session, 1659 provided that the beneficiaries of members whose deaths occur 1660 prior to July 1, 1959, shall have a vested interest in the 1661 benefits accruing to such beneficiaries under s. 238.07(18) 1662238.07(16), and these rights may not be altered, changed nor 1663 repealed by the Legislature. 1664 Reviser’s note.—Amended to confirm editorial 1665 substitutions made to conform to the editorial 1666 redesignation of s. 238.07(15A) and (15B) as s. 1667 238.07(16) and (17), which necessitated the 1668 redesignation of s. 238.07(16) as s. 238.07(18). 1669 Section 38. Subsection (2) of section 255.043, Florida 1670 Statutes, is amended to read: 1671 255.043 Art in state buildings.— 1672 (2) The Department of Management Services or other state 1673 agencies receiving appropriations for original constructions 1674 shall notify the FloridaArtsCouncil on Arts and Culture and 1675 the user agency of any construction project which is eligible 1676 under the provisions of this section. The Department of 1677 Management Services or other state agency shall determine the 1678 amount to be made available for purchase or commission of works 1679 of art for each project and shall report these amounts to the 1680 FloridaArtsCouncil on Arts and Culture and the user agency. 1681 Payments therefor shall be made from funds appropriated for 1682 fixed capital outlay according to law. 1683 Reviser’s note.—Amended to conform to the council’s 1684 name change by s. 7, ch. 2009-72, Laws of Florida. 1685 Section 39. Subsection (2) of section 260.019, Florida 1686 Statutes, is amended to read: 1687 260.019 Florida Circumnavigation Saltwater Paddling Trail.— 1688 (2) The department shall establish the initial starting and 1689 ending points by latitude and longitude for the trail segments 1690 described in subsection (3) within 180 days after the effective 1691 date of this act. Except for the Big Bend Historic Saltwater 1692 Paddling Trail, segment 6, the department has the exclusive 1693 authority to officially name and locate the remaining 25 trail 1694 segments. The department shall name and locate the segments 1695 based on logical geographical boundaries, safety to trail users, 1696 ease of management, desires of local communities and user 1697 groups, and other factors that assist in the overall success of 1698 the trail system. The department may adjust the location of any 1699 trail segment; give official recognition to specific sites along 1700 the trail route; publish official trail guides and literature in 1701 cooperation with other governmental and private entities; and 1702 resolve conflicts that may arise between competing and 1703 conflicting parties over trail issues. The Florida Greenways and 1704 Trails Council may advise the department on all matters relating 1705 to the paddling trail.By January 1, 2008, the department shall1706prepare and submit a report setting forth the names and1707locations adopted for each trail segment to the Governor, the1708President of the Senate, and the Speaker of the House of1709Representatives.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 FloridaArtsCouncil 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 FloridaArtsCouncil 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 FloridaArtsCouncil on Arts and Culture 1740 a report summarizing its activities and setting forth any 1741 recommendations it considers appropriate, including 1742 recommendations with respect to present or proposed legislation 1743 concerning state encouragement and support of the arts. 1744 Reviser’s note.—Amended to conform to the council’s 1745 name change by s. 7, ch. 2009-72, Laws of Florida. 1746 Section 42. Paragraph (c) of subsection (1) of section 1747 265.606, Florida Statutes, is amended to read: 1748 265.606 Cultural Endowment Program; administration; 1749 qualifying criteria; matching fund program levels; 1750 distribution.— 1751 (1) To be eligible for receipt of state matching funds, the 1752 local sponsoring organization shall meet all of the following 1753 criteria: 1754 (c) Be designated a cultural sponsoring organization by the 1755 department, if recommended by the FloridaArtsCouncil on Arts 1756 and Culture to the Secretary of State pursuant to the procedures 1757 contained in s. 265.285. 1758 Reviser’s note.—Amended to conform to the council’s 1759 name change by s. 7, ch. 2009-72, Laws of Florida. 1760 Section 43. Subsections (3) and (5) of section 265.701, 1761 Florida Statutes, are amended to read: 1762 265.701 Cultural facilities; grants for acquisition, 1763 renovation, or construction; funding; approval; allocation.— 1764 (3) The FloridaArtsCouncil 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 FloridaArts1781 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 centercentersas a 1824 primary data centercentersif 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 centercentersfrom 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 282.0041287.0041. 1855 Reviser’s note.—Amended to confirm an editorial 1856 substitution; the term “enterprise information 1857 technology service” is defined in s. 282.0041, and s. 1858 287.0041 does not exist. 1859 Section 47. Sections 282.5001, 282.5002, 282.5003, 1860 282.5004, 282.5005, 282.5006, 282.5007, and 282.5008, Florida 1861 Statutes, are repealed. 1862 Reviser’s note.—Repeals sections relating to year 2000 1863 compliance for information technology products. 1864 Section 48. Subsection (14) of section 282.702, Florida 1865 Statutes, is amended to read: 1866 282.702 Powers and duties.—The Department of Management 1867 Services shall have the following powers, duties, and functions: 1868 (14) To enter into contracts or agreements, with or without 1869 competitive bidding or procurement, to make available, on a 1870 fair, reasonable, and nondiscriminatory basis, property and 1871 other structures under departmental control for the placement of 1872 new facilities by any wireless provider of mobile service as 1873 defined in 47 U.S.C. s. 153(27)153(n)or s. 332(d) and any 1874 telecommunications company as defined in s. 364.02 when it is 1875 determined to be practical and feasible to make such property or 1876 other structures available. The department may, without adopting 1877 a rule, charge a just, reasonable, and nondiscriminatory fee for 1878 the placement of the facilities, payable annually, based on the 1879 fair market value of space used by comparable communications 1880 facilities in the state. The department and a wireless provider 1881 or telecommunications company may negotiate the reduction or 1882 elimination of a fee in consideration of services provided to 1883 the department by the wireless provider or telecommunications 1884 company. All such fees collected by the department shall be 1885 deposited directly into the Law Enforcement Radio Operating 1886 Trust Fund, and may be used by the department to construct, 1887 maintain, or support the system. 1888 Reviser’s note.—Amended to confirm an editorial 1889 substitution; 47 U.S.C. s. 153(27) defines the term 1890 “mobile service,” and 47 U.S.C. s. 153(n) does not 1891 exist. 1892 Section 49. Subsection (4) of section 288.012, Florida 1893 Statutes, is amended to read: 1894 288.012 State of Florida foreign offices.—The Legislature 1895 finds that the expansion of international trade and tourism is 1896 vital to the overall health and growth of the economy of this 1897 state. This expansion is hampered by the lack of technical and 1898 business assistance, financial assistance, and information 1899 services for businesses in this state. The Legislature finds 1900 that these businesses could be assisted by providing these 1901 services at State of Florida foreign offices. The Legislature 1902 further finds that the accessibility and provision of services 1903 at these offices can be enhanced through cooperative agreements 1904 or strategic alliances between state entities, local entities, 1905 foreign entities, and private businesses. 1906 (4) The Office of Tourism, Trade, and Economic Development, 1907 in connection with the establishment, operation, and management 1908 of any of its offices located in a foreign country, is exempt 1909 from the provisions of ss. 255.21, 255.25, and 255.254 relating 1910 to leasing of buildings; ss. 283.33 and 283.35 relating to bids 1911 for printing; ss. 287.001-287.20 relating to purchasing and 1912 motor vehicles; and ss. 282.003-282.0056 and 282.702-282.7101 1913282.003-282.111relating to communications, and from all 1914 statutory provisions relating to state employment. 1915 (a) The Office of Tourism, Trade, and Economic Development 1916 may exercise such exemptions only upon prior approval of the 1917 Governor. 1918 (b) If approval for an exemption under this section is 1919 granted as an integral part of a plan of operation for a 1920 specified foreign office, such action shall constitute 1921 continuing authority for the Office of Tourism, Trade, and 1922 Economic Development to exercise the exemption, but only in the 1923 context and upon the terms originally granted. Any modification 1924 of the approved plan of operation with respect to an exemption 1925 contained therein must be resubmitted to the Governor for his or 1926 her approval. An approval granted to exercise an exemption in 1927 any other context shall be restricted to the specific instance 1928 for which the exemption is to be exercised. 1929 (c) As used in this subsection, the term “plan of 1930 operation” means the plan developed pursuant to subsection (2). 1931 (d) Upon final action by the Governor with respect to a 1932 request to exercise the exemption authorized in this subsection, 1933 the Office of Tourism, Trade, and Economic Development shall 1934 report such action, along with the original request and any 1935 modifications thereto, to the President of the Senate and the 1936 Speaker of the House of Representatives within 30 days. 1937 Reviser’s note.—Amended to conform to the 1938 redesignation of sections within chapter 282 by ch. 1939 2009-80, Laws of Florida, and the further 1940 redesignation of s. 282.710 as s. 282.7101 by the 1941 reviser incident to compiling the 2009 Florida 1942 Statutes. 1943 Section 50. Subsection (2) of section 288.021, Florida 1944 Statutes, is amended to read: 1945 288.021 Economic development liaison.— 1946 (2)Within 30 days of April 17, 1992, andWhenever it is 1947 necessary to change the designee, the head of each agency shall 1948 notify the Governor in writing of the person designated as the 1949 economic development liaison for such agency. 1950 Reviser’s note.—Amended to delete obsolete language. 1951 Section 51. Paragraph (e) of subsection (2) of section 1952 288.0656, Florida Statutes, is amended to read: 1953 288.0656 Rural Economic Development Initiative.— 1954 (2) As used in this section, the term: 1955 (e) “Rural community” means: 1956 1. A county with a population of 75,000 or fewerless. 1957 2. A county with a population of 125,000 or fewer which is 1958 contiguous to a county with a population of 75,000 or fewer. 1959 3. A municipality within a county described in subparagraph 1960 1. or subparagraph 2. 1961 4. An unincorporated federal enterprise community or an 1962 incorporated rural city with a population of 25,000 or fewer 1963lessand an employment base focused on traditional agricultural 1964 or resource-based industries, located in a county not defined as 1965 rural, which has at least three or more of the economic distress 1966 factors identified in paragraph (c) and verified by the Office 1967 of Tourism, Trade, and Economic Development. 1968 1969 For purposes of this paragraph, population shall be determined 1970 in accordance with the most recent official estimate pursuant to 1971 s. 186.901. 1972 Reviser’s note.—Amended to provide contextual 1973 consistency within the paragraph. 1974 Section 52. Paragraph (d) of subsection (5) of section 1975 288.1081, Florida Statutes, is amended to read: 1976 288.1081 Economic Gardening Business Loan Pilot Program.— 1977 (5) 1978 (d) A loan administrator is entitled to receive a loan 1979 origination fee, payable at closing, of 1 percent of each loan 1980 issued by the loan administrator and a servicing fee of 0.625 1981 percent per annum of the loan’s outstanding principalprinciple1982 balance, payable monthly. During the first 12 months of the 1983 loan, the servicing fee shall be paid from the disbursement from 1984 the Economic Development Trust Fund, and thereafter the loan 1985 administrator shall collect the servicing fee from the payments 1986 made by the borrower, charging the fee against repayments of 1987 principal. 1988 Reviser’s note.—Amended to confirm an editorial 1989 substitution made to conform to context. 1990 Section 53. Subsection (6) of section 288.1169, Florida 1991 Statutes, is amended to read: 1992 288.1169 International Game Fish Association World Center 1993 facility.— 1994 (6) The Department of Commerce must recertify every 10 1995 years that the facility is open, that the International Game 1996 Fish Association World Center continues to be the only 1997 international administrative headquarters, fishing museum, and 1998 Hall of Fame in the United States recognized by the 1999 International Game Fish Association, and that the project is 2000 meeting the minimum projections for attendance or sales tax 2001 revenues as required at the time of original certification. If 2002 the facility is not recertified during this 10-year review as 2003 meeting the minimum projections, then funding shall be abated 2004 until certification criteria are met. If the project fails to 2005 generate $1 million of annual revenues pursuant to paragraph 2006 (2)(e), the distribution of revenues pursuant to s. 2007 212.20(6)(d)6.d.212.02(6)(d)6.d.shall be reduced to an amount 2008 equal to $83,333 multiplied by a fraction, the numerator of 2009 which is the actual revenues generated and the denominator of 2010 which is $1 million. Such reduction remains in effect until 2011 revenues generated by the project in a 12-month period equal or 2012 exceed $1 million. 2013 Reviser’s note.—Amended to correct an apparent error. 2014 Section 9, ch. 2009-68, Laws of Florida, revised the 2015 cite from s. 212.20(6)(d)7.d. to s. 212.02(6)(d)6.d. 2016 to conform to s. 2, ch. 2009-68, which amended s. 2017 212.20(6)(d) to delete subparagraph 2. and 2018 redesignated subsequent subparagraphs. Section 212.02 2019 does not contain a paragraph (6)(d). 2020 Section 54. Paragraph (b) of subsection (9) of section 2021 288.1224, Florida Statutes, is amended to read: 2022 288.1224 Powers and duties.—The commission: 2023 (9) Is authorized to establish and operate tourism offices 2024 in foreign countries in the execution of its responsibilities 2025 for promoting the development of tourism. To facilitate the 2026 performance of these responsibilities, the commission is 2027 authorized to contract with the commission’s direct-support 2028 organization to establish and administer such offices. Where 2029 feasible, appropriate, and recommended by the 4-year marketing 2030 plan, the commission may collocate the programs of foreign 2031 tourism offices in cooperation with any foreign office operated 2032 by any agency of this state. 2033 (b) The Florida Commission on Tourism, or its direct 2034 support organization, in connection with the establishment, 2035 operation, and management of any of its tourism offices located 2036 in a foreign country, is exempt from the provisions of ss. 2037 255.21, 255.25, and 255.254 relating to leasing of buildings; 2038 ss. 283.33 and 283.35 relating to bids for printing; ss. 2039 287.001-287.20 relating to purchasing and motor vehicles; and 2040 ss. 282.003-282.0056 and 282.702-282.7101282.003-282.1112041 relating to communications, and from all statutory provisions 2042 relating to state employment, if the laws, administrative code, 2043 or business practices or customs of the foreign country, or 2044 political or administrative subdivision thereof, in which such 2045 office is located are in conflict with these provisions. 2046 Reviser’s note.—Amended to conform to the 2047 redesignation of sections within chapter 282 by ch. 2048 2009-80, Laws of Florida, and the further 2049 redesignation of s. 282.710 as s. 282.7101 by the 2050 reviser incident to compiling the 2009 Florida 2051 Statutes. 2052 Section 55. Paragraph (a) of subsection (4) of section 2053 311.12, Florida Statutes, is amended to read: 2054 311.12 Seaport security.— 2055 (4) SECURE AND RESTRICTED AREAS.—Each seaport listed in s. 2056 311.09 must clearly designate in seaport security plans, and 2057 clearly identify with appropriate signs and markers on the 2058 premises of a seaport, all secure and restricted areas as 2059 defined by the United States Department of Homeland Security 2060 United States Coast Guard Navigation and Vessel Inspection 2061 Circular No. 03-07 and 49 C.F.R. part 1572. The plans must also 2062 address access eligibility requirements and corresponding 2063 security enforcement authorizations. 2064 (a) The seaport’s security plan must set forth the 2065 conditions and restrictions to be imposed on persons employed 2066 at, doing business at, or visiting the seaport who have access 2067 to secure and restricted areas which are sufficient to provide 2068 substantial compliance with the minimum security standards 2069 established in subsection (1) and federal regulations. 2070 1. All seaport employees and other persons working at the 2071 seaport who have regular access to secure or restricted areas 2072 must comply with federal access control regulations and state 2073 criminal history checks as prescribed in this section. 2074 2. All persons and objects in secure and restricted areas 2075 are subject to search by a sworn state-certified law enforcement 2076 officer, a Class D seaport security officer certified under 2077 Maritime Transportation Security Act of 2002 guidelines and s. 2078 311.121, or an employee of the seaport security force certified 2079 under the Maritime Transportation Security Act of 2002 2080 guidelines and s. 311.121. 2081 3. Persons found in these areas without the proper 2082 permission are subject to the trespass provisions of ss. 810.08 2083 and 810.09. 2084 Reviser’s note.—Amended to conform to the full title 2085 of the act. 2086 Section 56. Paragraph (c) of subsection (3) of section 2087 311.121, Florida Statutes, is amended to read: 2088 311.121 Qualifications, training, and certification of 2089 licensed security officers at Florida seaports.— 2090 (3) The Seaport Security Officer Qualification, Training, 2091 and Standards Coordinating Council is created under the 2092 Department of Law Enforcement. 2093 (c) Council members designated under subparagraphs (a)1.-4. 2094 shall serve for the duration of their employment or appointment. 2095 Council members designated under subparagraphs (a)5.-9.(b)5.-9.2096 shall be appointed for 4-year terms. 2097 Reviser’s note.—Amended to confirm an editorial 2098 substitution; paragraph (b) does not contain 2099 subparagraphs, and subparagraphs (a)5.-9. relate to 2100 designation of specified council members. 2101 Section 57. Subsection (3) of section 311.122, Florida 2102 Statutes, is amended to read: 2103 311.122 Seaport law enforcement agency; authorization; 2104 requirements; powers; training.— 2105 (3) If a seaport creates a seaport law enforcement agency 2106 for its facility, a minimum of 30 percent of the aggregate 2107 personnel of each seaport law enforcement agency shall be sworn 2108 state-certified law enforcement officers with additional 2109 Maritime Transportation Security Act of 2002 seaport training; a 2110 minimum of 30 percent of on-duty personnel of each seaport law 2111 enforcement agency shall be sworn state-certified law 2112 enforcement officers with additional Maritime Transportation 2113 Security Act of 2002 seaport training; and at least one on-duty 2114 supervisor must be a sworn state-certified law enforcement 2115 officer with additional Maritime Transportation Security Act of 2116 2002 seaport training. 2117 Reviser’s note.—Amended to conform to the full title 2118 of the act. 2119 Section 58. Subsection (17) of section 318.18, Florida 2120 Statutes, is amended to read: 2121 318.18 Amount of penalties.—The penalties required for a 2122 noncriminal disposition pursuant to s. 318.14 or a criminal 2123 offense listed in s. 318.17 are as follows: 2124 (17) In addition to any penalties imposed, a surcharge of 2125 $3 must be paid for all criminal offenses listed in s. 318.17 2126 and for all noncriminal moving traffic violations under chapter 2127 316. Revenue from the surcharge shall be remitted to the 2128 Department of Revenue and deposited quarterly into the State 2129 Agency Law Enforcement Radio System Trust Fund of the Department 2130 of Management Services for the state agency law enforcement 2131 radio system, as described in s. 282.709, and to provide 2132 technical assistance to state agencies and local law enforcement 2133 agencies with their statewide systems of regional law 2134 enforcement communications, as described in s. 282.7101282.710. 2135 This subsection expires July 1, 2012. The Department of 2136 Management Services may retain funds sufficient to recover the 2137 costs and expenses incurred for managing, administering, and 2138 overseeing the Statewide Law Enforcement Radio System, and 2139 providing technical assistance to state agencies and local law 2140 enforcement agencies with their statewide systems of regional 2141 law enforcement communications. The Department of Management 2142 Services working in conjunction with the Joint Task Force on 2143 State Agency Law Enforcement Communications shall determine and 2144 direct the purposes for which these funds are used to enhance 2145 and improve the radio system. 2146 Reviser’s note.—Amended to conform to the 2147 redesignation of s. 282.710 as s. 282.7101 by the 2148 reviser incident to compiling the 2009 Florida 2149 Statutes. 2150 Section 59. Subsection (13) of section 318.21, Florida 2151 Statutes, is amended to read: 2152 318.21 Disposition of civil penalties by county courts.—All 2153 civil penalties received by a county court pursuant to the 2154 provisions of this chapter shall be distributed and paid monthly 2155 as follows: 2156 (13) Of the proceeds from the fine under s. 318.18(15) 2157318.18(14), $65 shall be remitted to the Department of Revenue 2158 for deposit into the Administrative Trust Fund of the Department 2159 of Health and the remaining $60 shall be distributed pursuant to 2160 subsections (1) and (2). 2161 Reviser’s note.—Amended to conform to the 2162 redesignation of s. 318.18(14) as s. 318.18(15). Two 2163 subsections (14) were created by different 2005 laws, 2164 and this reference was renumbered as subsection (15). 2165 Section 60. Section 321.02, Florida Statutes, is amended to 2166 read: 2167 321.02 Powers and duties of department, highway patrol.—The 2168 director of the Division of Highway Patrol of the Department of 2169 Highway Safety and Motor Vehicles shall also be the commander of 2170 the Florida Highway Patrol. The said department shall set up and 2171 promulgate rules and regulations by which the personnel of the 2172 Florida Highway Patrol officers shall be examined, employed, 2173 trained, located, suspended, reduced in rank, discharged, 2174 recruited, paid and pensioned, subject to civil service 2175 provisions hereafter set out. The department may enter into 2176 contracts or agreements, with or without competitive bidding or 2177 procurement, to make available, on a fair, reasonable, 2178 nonexclusive, and nondiscriminatory basis, property and other 2179 structures under division control for the placement of new 2180 facilities by any wireless provider of mobile service as defined 2181 in 47 U.S.C. s. 153(27)153(n)or s. 332(d), and any 2182 telecommunications company as defined in s. 364.02 when it is 2183 determined to be practical and feasible to make such property or 2184 other structures available. The department may, without adopting 2185 a rule, charge a just, reasonable, and nondiscriminatory fee for 2186 placement of the facilities, payable annually, based on the fair 2187 market value of space used by comparable communications 2188 facilities in the state. The department and a wireless provider 2189 or telecommunications company may negotiate the reduction or 2190 elimination of a fee in consideration of services provided to 2191 the division by the wireless provider or the telecommunications 2192 company. All such fees collected by the department shall be 2193 deposited directly into the State Agency Law Enforcement Radio 2194 System Trust Fund, and may be used to construct, maintain, or 2195 support the system. The department is further specifically 2196 authorized to purchase, sell, trade, rent, lease and maintain 2197 all necessary equipment, uniforms, motor vehicles, communication 2198 systems, housing facilities, office space, and perform any other 2199 acts necessary for the proper administration and enforcement of 2200 this chapter. However, all supplies and equipment consisting of 2201 single items or in lots shall be purchased under the 2202 requirements of s. 287.057. Purchases shall be made by accepting 2203 the bid of the lowest responsive bidder, the right being 2204 reserved to reject all bids. The department shall prescribe a 2205 distinctive uniform and distinctive emblem to be worn by all 2206 officers of the Florida Highway Patrol. It shall be unlawful for 2207 any other person or persons to wear a similar uniform or emblem, 2208 or any part or parts thereof. The department shall also 2209 prescribe distinctive colors for use on motor vehicles and 2210 motorcycles operated by the Florida Highway Patrol. The 2211 prescribed colors shall be referred to as “Florida Highway 2212 Patrol black and tan.” 2213 Reviser’s note.—Amended to confirm an editorial 2214 substitution; 47 U.S.C. s. 153(27) defines the term 2215 “mobile service,” and 47 U.S.C. s. 153(n) does not 2216 exist. 2217 Section 61. Section 322.181, Florida Statutes, is repealed. 2218 Reviser’s note.—Repeals material requiring a study and 2219 report due February 1, 2004. 2220 Section 62. Paragraph (b) of subsection (2) of section 2221 322.271, Florida Statutes, is amended to read: 2222 322.271 Authority to modify revocation, cancellation, or 2223 suspension order.— 2224 (2) At such hearing, the person whose license has been 2225 suspended, canceled, or revoked may show that such suspension, 2226 cancellation, or revocation causes a serious hardship and 2227 precludes the person from carrying out his or her normal 2228 business occupation, trade, or employment and that the use of 2229 the person’s license in the normal course of his or her business 2230 is necessary to the proper support of the person or his or her 2231 family. 2232 (b) The department may waive the hearing process for 2233 suspensions and revocations upon request by the driver if the 2234 driver has enrolled in or completed the applicable driver 2235 training course approved under s. 318.1451 or the DUI program 2236 substance abuse education course and evaluation provided in s. 2237 316.193(5). However, the department may not waive the hearing 2238 for suspensions or revocations that involve death or serious 2239 bodily injury, multiple convictions for violations of s. 316.193 2240 pursuant to s. 322.27(5), or a second or subsequent suspension 2241 or revocation pursuant to the same provision of this chapter. 2242 This paragraph does not preclude the department from requiring a 2243 hearing for any suspension or revocation that it determines is 2244 warranted based on the severity of the offense. 2245 Reviser’s note.—Amended to confirm an editorial 2246 insertion made to facilitate correct interpretation. 2247 Section 63. Paragraph (x) of subsection (1) of section 2248 327.73, Florida Statutes, is amended to read: 2249 327.73 Noncriminal infractions.— 2250 (1) Violations of the following provisions of the vessel 2251 laws of this state are noncriminal infractions: 2252 (x) Section 253.04(3)(a)253.04(4)(a), relating to 2253 carelessly causing seagrass scarring, for which the civil 2254 penalty upon conviction is: 2255 1. For a first offense, $50. 2256 2. For a second offense occurring within 12 months after a 2257 prior conviction, $250. 2258 3. For a third offense occurring within 36 months after a 2259 prior conviction, $500. 2260 4. For a fourth or subsequent offense occurring within 72 2261 months after a prior conviction, $1,000. 2262 2263 Any person cited for a violation of any such provision shall be 2264 deemed to be charged with a noncriminal infraction, shall be 2265 cited for such an infraction, and shall be cited to appear 2266 before the county court. The civil penalty for any such 2267 infraction is $50, except as otherwise provided in this section. 2268 Any person who fails to appear or otherwise properly respond to 2269 a uniform boating citation shall, in addition to the charge 2270 relating to the violation of the boating laws of this state, be 2271 charged with the offense of failing to respond to such citation 2272 and, upon conviction, be guilty of a misdemeanor of the second 2273 degree, punishable as provided in s. 775.082 or s. 775.083. A 2274 written warning to this effect shall be provided at the time 2275 such uniform boating citation is issued. 2276 Reviser’s note.—Amended to confirm an editorial 2277 substitution necessitated by the repeal of former 2278 subsection (3) by s. 59, ch. 2009-86, Laws of Florida. 2279 Section 64. Subsection (26) of section 334.044, Florida 2280 Statutes, is amended to read: 2281 334.044 Department; powers and duties.—The department shall 2282 have the following general powers and duties: 2283 (26) To provide for the enhancement of environmental 2284 benefits, including air and water quality; to prevent roadside 2285 erosion; to conserve the natural roadside growth and scenery; 2286 and to provide for the implementation and maintenance of 2287 roadside conservation, enhancement, and stabilization 2288stabilization,andprograms. No less than 1.5 percent of the 2289 amount contracted for construction projects shall be allocated 2290 by the department for the purchase of plant materials, with, to 2291 the greatest extent practical, a minimum of 50 percent of these 2292 funds for large plant materials and the remaining funds for 2293 other plant materials. All such plant materials shall be 2294 purchased from Florida commercial nursery stock in this state on 2295 a uniform competitive bid basis. The department will develop 2296 grades and standards for landscaping materials purchased through 2297 this process. To accomplish these activities, the department may 2298 contract with nonprofit organizations having the primary purpose 2299 of developing youth employment opportunities. 2300 Reviser’s note.—Amended to confirm an editorial 2301 substitution made to correct an apparent error. 2302 Section 65. Subsection (5) of section 337.0261, Florida 2303 Statutes, is repealed. 2304 Reviser’s note.—Repealed to delete references to the 2305 “Strategic Aggregates Review Task Force,” which was 2306 dissolved on July 1, 2008. 2307 Section 66. Paragraph (a) of subsection (2) of section 2308 337.16, Florida Statutes, is amended to read: 2309 337.16 Disqualification of delinquent contractors from 2310 bidding; determination of contractor nonresponsibility; denial, 2311 suspension, and revocation of certificates of qualification; 2312 grounds; hearing.— 2313 (2) For reasons other than delinquency in progress, the 2314 department, for good cause, may determine any contractor not 2315 having a certificate of qualification nonresponsible for a 2316 specified period of time or may deny, suspend, or revoke any 2317 certificate of qualification. Good cause includes, but is not 2318 limited to, circumstances in which a contractor or the 2319 contractor’s official representative: 2320 (a) Makes or submits to the department false, deceptive, or 2321 fraudulent statements or materials in any bid proposal to the 2322 department, any application for a certificate of qualification, 2323 any certification of payment pursuant to s. 337.11(11) 2324337.11(10), or any administrative or judicial proceeding; 2325 Reviser’s note.—Amended to conform to the 2326 redesignation of s. 337.11(10) as s. 337.11(11) by s. 2327 7, ch. 2009-85, Laws of Florida. 2328 Section 67. Subsection (3) of section 338.235, Florida 2329 Statutes, is amended to read: 2330 338.235 Contracts with department for provision of services 2331 on the turnpike system.— 2332 (3) The department may enter into contracts or agreements, 2333 with or without competitive bidding or procurement, to make 2334 available, on a fair, reasonable, nonexclusive, and 2335 nondiscriminatory basis, turnpike property and other turnpike 2336 structures, for the placement of wireless facilities by any 2337 wireless provider of mobile services as defined in 47 U.S.C. s. 2338 153(27)153(n)or s. 332(d), and any telecommunications company 2339 as defined in s. 364.02 when it is determined to be practical 2340 and feasible to make such property or structures available. The 2341 department may, without adopting a rule, charge a just, 2342 reasonable, and nondiscriminatory fee for placement of the 2343 facilities, payable annually, based on the fair market value of 2344 space used by comparable communications facilities in the state. 2345 The department and a wireless provider may negotiate the 2346 reduction or elimination of a fee in consideration of goods or 2347 services provided to the department by the wireless provider. 2348 All such fees collected by the department shall be deposited 2349 directly into the State Agency Law Enforcement Radio System 2350 Trust Fund and may be used to construct, maintain, or support 2351 the system. 2352 Reviser’s note.—Amended to confirm an editorial 2353 substitution; 47 U.S.C. s. 153(27) defines the term 2354 “mobile service,” and 47 U.S.C. s. 153(n) does not 2355 exist. 2356 Section 68. Paragraph (a) of subsection (8) of section 2357 365.172, Florida Statutes, is amended to read: 2358 365.172 Emergency communications number “E911.”— 2359 (8) E911 FEE.— 2360 (a) Each voice communications services provider shall 2361 collect the fee described in this subsection. Each provider, as 2362 part of its monthly billing process, shall bill the fee as 2363 follows. The fee shall not be assessed on any pay telephone in 2364 the state. 2365 1. Each local exchange carrier shall bill the fee to the 2366 local exchange subscribers on a service-identifier basis, up to 2367 a maximum of 25 access lines per account bill rendered. 2368 2. Except in the case of prepaid wireless service, each 2369 wireless provider shall bill the fee to a subscriber on a per 2370 service-identifier basis for service identifiers whose primary 2371 place of use is within this state. Before July 1, 2009, the fee 2372 shall not be assessed on or collected from a provider with 2373 respect to an end user’s service if that end user’s service is a 2374 prepaid calling arrangement that is subject to s. 212.05(1)(e). 2375 a. The board shall conduct a study to determine whether it 2376 is feasible to collect E911 fees from the sale of prepaid 2377 wireless service.If, based on the findings of the study, the2378board determines that a fee should not be collected from the2379sale of prepaid wireless service, it shall report its findings2380and recommendation to the Governor, the President of the Senate,2381and the Speaker of the House of Representatives by December 31,23822008.If the board determines that a fee should be collected 2383 from the sale of prepaid wireless service, the board shall 2384 collect the fee beginning July 1, 2009. 2385 b. For purposes of this section, the term: 2386 (I) “Prepaid wireless service” means the right to access 2387 telecommunications services that must be paid for in advance and 2388 is sold in predetermined units or dollars enabling the 2389 originator to make calls such that the number of units or 2390 dollars declines with use in a known amount. 2391 (II) “Prepaid wireless service providers” includes those 2392 persons who sell prepaid wireless service regardless of its 2393 form, either as a retailer or reseller. 2394 c. The study must include an evaluation of methods by which 2395 E911 fees may be collected from end users and purchasers of 2396 prepaid wireless service on an equitable, efficient, 2397 competitively neutral, and nondiscriminatory basis and must 2398 consider whether the collection of fees on prepaid wireless 2399 service would constitute an efficient use of public funds given 2400 the technological and practical considerations of collecting the 2401 fee based on the varying methodologies prepaid wireless service 2402 providers and their agents use in marketing prepaid wireless 2403 service. 2404 d. The study must include a review and evaluation of the 2405 collection of E911 fees on prepaid wireless service at the point 2406 of sale within the state. This evaluation must be consistent 2407 with the collection principles of end user charges such as those 2408 in s. 212.05(1)(e). 2409 e. No later than 90 days after this section becomes law, 2410 the board shall require all prepaid wireless service providers, 2411 including resellers, to provide the board with information that 2412 the board determines is necessary to discharge its duties under 2413 this section, including information necessary for its 2414 recommendation, such as total retail and reseller prepaid 2415 wireless service sales. 2416 f. All subscriber information provided by a prepaid 2417 wireless service provider in response to a request from the 2418 board while conducting this study is subject to s. 365.174. 2419 g. The study shall be conducted by an entity competent and 2420 knowledgeable in matters of state taxation policy if the board 2421 does not possess that expertise. The study must be paid from the 2422 moneys distributed to the board for administrative purposes 2423 under s. 365.173(2)(f) but may not exceed $250,000. 2424 3. All voice communications services providers not 2425 addressed under subparagraphs 1. and 2. shall bill the fee on a 2426 per-service-identifier basis for service identifiers whose 2427 primary place of use is within the state up to a maximum of 25 2428 service identifiers for each account bill rendered. 2429 2430 The provider may list the fee as a separate entry on each bill, 2431 in which case the fee must be identified as a fee for E911 2432 services. A provider shall remit the fee to the board only if 2433 the fee is paid by the subscriber. If a provider receives a 2434 partial payment for a monthly bill from a subscriber, the amount 2435 received shall first be applied to the payment due the provider 2436 for providing voice communications service. 2437 Reviser’s note.—Amended to delete obsolete language. 2438 Section 69. Subsection (4) of section 373.046, Florida 2439 Statutes, is amended to read: 2440 373.046 Interagency agreements.— 2441 (4) The Legislature recognizes and affirms the division of 2442 responsibilities between the department and the water management 2443 districts as set forth in ss. III. and X. of each of the 2444 operating agreements codified as rules 17-101.040(12)(a)3., 4., 2445 and 5., Florida Administrative Code. Section IV.A.2.a. of each 2446 operating agreement regarding individual permit oversight is 2447 rescinded. The department shall be responsible for permitting 2448 those activities under part IV of this chapter which, because of 2449 their complexity and magnitude, need to be economically and 2450 efficiently evaluated at the state level, including, but not 2451 limited to, mining, hazardous waste management facilities and 2452 solid waste management facilities that do not qualify for a 2453 general permit under chapter 403. With regard to 2454 postcertification information submittals for activities 2455 authorized under chapters 341 and 403 siting act certifications, 2456 the department, after consultation with the appropriate water 2457 management district and other agencies having applicable 2458 regulatory jurisdiction, shall be responsible for determining 2459 the permittee’s compliance with conditions of certification 2460 which were based upon the nonprocedural requirements of part IV 2461 of this chapter. The Legislature authorizes the water management 2462 districts and the department to modify the division of 2463 responsibilities referenced in this section and enter into 2464 further interagency agreements by rulemaking, including 2465 incorporation by reference, pursuant to chapter 120, to provide 2466 for greater efficiency and to avoid duplication in the 2467 administration of part IV of this chapter by designating certain 2468 activities which will be regulated by either the water 2469 management districts or the department. In developing such 2470 interagency agreements, the water management districts and the 2471 department should take into consideration the technical and 2472 fiscal ability of each water management district to implement 2473 all or some of the provisions of part IV of this chapter. 2474 Nothing herein rescinds or restricts the authority of the 2475 districts to regulate silviculture and agriculture pursuant to 2476 part IV of this chapter or s. 403.927.By December 10, 1993, the2477secretary of the department shall submit a report to the2478President of the Senate and the Speaker of the House of2479Representatives regarding the efficiency of the procedures and2480the division of responsibilities contemplated by this subsection2481and regarding progress toward the execution of further2482interagency agreements and the integration of permitting with2483sovereignty lands approval. The report also will consider the2484feasibility of improving the protection of the environment2485through comprehensive criteria for protection of natural2486systems.2487 Reviser’s note.—Amended to delete obsolete language. 2488 Section 70. Subsection (7) of section 373.236, Florida 2489 Statutes, is amended to read: 2490 373.236 Duration of permits; compliance reports.— 2491 (7) A permit approved for a renewable energy generating 2492 facility or the cultivation of agricultural products on lands 2493 consisting of 1,000 acres or more for use in the production of 2494 renewable energy, as defined in s. 366.91(2)(d), shall be 2495 granted for a term of at least 25 years at the applicant’s 2496 request based on the anticipated life of the facility if there 2497 is sufficient data to provide reasonable assurance that the 2498 conditions for permit issuance will be met for the duration of 2499 the permit; otherwise, a permit may be issued for a shorter 2500 duration that reflects the longest period for which such 2501 reasonable assurances are provided. Such a permit is subject to 2502 compliance reports under subsection (4). 2503 Reviser’s note.—Amended to confirm an editorial 2504 insertion made to improve clarity and correct sentence 2505 construction. 2506 Section 71. Subsection (5) of section 376.30713, Florida 2507 Statutes, is repealed. 2508 Reviser’s note.—Repeals material relating to a report 2509 due by December 31, 1998, on the progress and level of 2510 activity made regarding preapproved advanced cleanup. 2511 Section 72. Paragraph (f) of subsection (2) of section 2512 377.709, Florida Statutes, is amended to read: 2513 377.709 Funding by electric utilities of local governmental 2514 solid waste facilities that generate electricity.— 2515 (2) DEFINITIONS.—As used in this section, the term: 2516 (f) “Solid waste facility” means a facility owned or 2517 operated by, or on behalf of, a local government for the purpose 2518 of disposing of solid waste, as that term is defined in s. 2519 403.703(32)403.703(13), by any process that produces heat and 2520 incorporates, as a part of the facility, the means of converting 2521 heat to electrical energy in amounts greater than actually 2522 required for the operation of the facility. 2523 Reviser’s note.—Amended to correct a cross-reference. 2524 The definition for “solid waste” is at s. 403.703(32) 2525 as amended by s. 6, ch. 2007-184, Laws of Florida. 2526 Section 73. Paragraph (a) of subsection (29) of section 2527 380.06, Florida Statutes, is amended to read: 2528 380.06 Developments of regional impact.— 2529 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.— 2530 (a) The following are exempt from this section: 2531 1. Any proposed development in a municipality that 2532 qualifies as a dense urban land area as defined in s. 163.3164; 2533 2. Any proposed development within a county that qualifies 2534 as a dense urban land area as defined in s. 163.3164 and that is 2535 located within an urban service area as defined in s. 163.3164 2536 which has been adopted into the comprehensive plan; or 2537 3. Any proposed development within a county, including the 2538 municipalities located therein, which has a population of at 2539 least 900,000, which qualifies as a dense urban land area under 2540 s. 163.3164, but which does not have an urban service area 2541 designated in the comprehensive plan. 2542 Reviser’s note.—Amended to improve clarity. 2543 Section 74. Subsection (6) of section 381.84, Florida 2544 Statutes, is reenacted to read: 2545 381.84 Comprehensive Statewide Tobacco Education and Use 2546 Prevention Program.— 2547 (6) CONTRACT REQUIREMENTS.—Contracts or grants for the 2548 program components or subcomponents described in paragraphs 2549 (3)(a)-(f) shall be awarded by the State Surgeon General, after 2550 consultation with the council, on the basis of merit, as 2551 determined by an open, competitive, peer-reviewed process that 2552 ensures objectivity, consistency, and high quality. The 2553 department shall award such grants or contracts no later than 2554 October 1 for each fiscal year. A recipient of a contract or 2555 grant for the program component described in paragraph (3)(c) is 2556 not eligible for a contract or grant award for any other program 2557 component described in subsection (3) in the same state fiscal 2558 year. A school or college of medicine that is represented on the 2559 council is not eligible to receive a contract or grant under 2560 this section. For the 2009-2010 fiscal year only, the department 2561 shall award a contract or grant in the amount of $10 million to 2562 the AHEC network for the purpose of developing the components 2563 described in paragraph (3)(i). The AHEC network may apply for a 2564 competitive contract or grant after the 2009-2010 fiscal year. 2565 (a) In order to ensure that all proposals for funding are 2566 appropriate and are evaluated fairly on the basis of merit, the 2567 State Surgeon General, in consultation with the council, shall 2568 appoint a peer review panel of independent, qualified experts in 2569 the field of tobacco control to review the content of each 2570 proposal and establish its priority score. The priority scores 2571 shall be forwarded to the council and must be considered in 2572 determining which proposals will be recommended for funding. 2573 (b) The council and the peer review panel shall establish 2574 and follow rigorous guidelines for ethical conduct and adhere to 2575 a strict policy with regard to conflicts of interest. A member 2576 of the council or panel may not participate in any discussion or 2577 decision with respect to a research proposal by any firm, 2578 entity, or agency with which the member is associated as a 2579 member of the governing body or as an employee or with which the 2580 member has entered into a contractual arrangement. Meetings of 2581 the council and the peer review panels are subject to chapter 2582 119, s. 286.011, and s. 24, Art. I of the State Constitution. 2583 (c) In each contract or grant agreement, the department 2584 shall limit the use of food and promotional items to no more 2585 than 2.5 percent of the total amount of the contract or grant 2586 and limit overhead or indirect costs to no more than 7.5 percent 2587 of the total amount of the contract or grant. The department, in 2588 consultation with the Department of Financial Services, shall 2589 publish guidelines for appropriate food and promotional items. 2590 (d) In each advertising contract, the department shall 2591 limit the total of production fees, buyer commissions, and 2592 related costs to no more than 10 percent of the total contract 2593 amount. 2594 (e) Notwithstanding the competitive process for contracts 2595 prescribed in this subsection, each county health department is 2596 eligible for core funding, on a per capita basis, to implement 2597 tobacco education and use prevention activities within that 2598 county. 2599 Reviser’s note.—Section 3, ch. 2009-58, Laws of 2600 Florida, amended subsection (6) without publishing 2601 paragraphs (a)-(e). Absent affirmative evidence of 2602 legislative intent to repeal the omitted paragraphs, 2603 subsection (6) is reenacted to confirm the omission 2604 was not intended. 2605 Section 75. Section 381.912, Florida Statutes, is repealed. 2606 Reviser’s note.—Repealed to delete a section relating 2607 to the Cervical Cancer Elimination Task Force, which 2608 was dissolved after submitting its final report due on 2609 or before June 30, 2008. 2610 Section 76. Section 382.357, Florida Statutes, is repealed. 2611 Reviser’s note.—Repealed to delete a section 2612 applicable to a study to determine the feasibility of 2613 electronically filing original and new or amended 2614 birth certificates, documentation of paternity 2615 determinations, and adoptions with the Department of 2616 Health and a report of the findings to be made by July 2617 1, 2006. 2618 Section 77. Subsections (2) and (3) of section 394.875, 2619 Florida Statutes, are amended to read: 2620 394.875 Crisis stabilization units, residential treatment 2621 facilities, and residential treatment centers for children and 2622 adolescents; authorized services; license required.— 2623 (2) The requirements of part II of chapter 408 apply to the 2624 provision of services that require licensure under ss. 394.455 2625 394.903394.455-394.904and part II of chapter 408 and to 2626 entities licensed by or applying for such licensure from the 2627 Agency for Health Care Administration pursuant to ss. 394.455 2628 394.903394.455-394.904. A license issued by the agency is 2629 required in order to operate a crisis stabilization unit, a 2630 residential treatment facility, or a residential treatment 2631 center for children and adolescents, or to act as a crisis 2632 stabilization unit, a residential treatment facility, or a 2633 residential treatment center for children and adolescents in 2634 this state. 2635 (3) The following are exempt from licensure as required in 2636 ss. 394.455-394.903394.455-394.904: 2637 (a) Homes for special services licensed under chapter 400. 2638 (b) Nursing homes licensed under chapter 400. 2639 (c) Comprehensive transitional education programs licensed 2640 under s. 393.067. 2641 Reviser’s note.—Amended to conform to the repeal of s. 2642 394.904 by s. 10, ch. 2008-9, Laws of Florida. 2643 Section 78. Paragraph (d) of subsection (2) of section 2644 394.9082, Florida Statutes, is amended to read: 2645 394.9082 Behavioral health managing entities.— 2646 (2) DEFINITIONS.—As used in this section, the term: 2647 (d) “Managing entity” means a corporation that is organized 2648 in this state, is designated or filed as a nonprofit 2649 organization under s. 501(c)(3) of the Internal Revenue Code 2650Service, and is under contract to the department to manage the 2651 day-to-day operational delivery of behavioral health services 2652 through an organized system of care. 2653 Reviser’s note.—Amended to confirm an editorial 2654 substitution made to correct an apparent error and 2655 facilitate correct interpretation. 2656 Section 79. Paragraph (b) of subsection (1) of section 2657 395.4036, Florida Statutes, is amended to read: 2658 395.4036 Trauma payments.— 2659 (1) Recognizing the Legislature’s stated intent to provide 2660 financial support to the current verified trauma centers and to 2661 provide incentives for the establishment of additional trauma 2662 centers as part of a system of state-sponsored trauma centers, 2663 the department shall utilize funds collected under s. 318.18 and 2664 deposited into the Administrative Trust Fund of the department 2665 to ensure the availability and accessibility of trauma services 2666 throughout the state as provided in this subsection. 2667 (b) Funds collected under s. 318.18(5)(c) and (20)(19)2668 shall be distributed as follows: 2669 1. Thirty percent of the total funds collected shall be 2670 distributed to Level II trauma centers operated by a public 2671 hospital governed by an elected board of directors as of 2672 December 31, 2008. 2673 2. Thirty-five percent of the total funds collected shall 2674 be distributed to verified trauma centers based on trauma 2675 caseload volume for the most recent calendar year available. The 2676 determination of caseload volume for distribution of funds under 2677 this subparagraph shall be based on the department’s Trauma 2678 Registry data. 2679 3. Thirty-five percent of the total funds collected shall 2680 be distributed to verified trauma centers based on severity of 2681 trauma patients for the most recent calendar year available. The 2682 determination of severity for distribution of funds under this 2683 subparagraph shall be based on the department’s International 2684 Classification Injury Severity Scores or another statistically 2685 valid and scientifically accepted method of stratifying a trauma 2686 patient’s severity of injury, risk of mortality, and resource 2687 consumption as adopted by the department by rule, weighted based 2688 on the costs associated with and incurred by the trauma center 2689 in treating trauma patients. The weighting of scores shall be 2690 established by the department by rule. 2691 Reviser’s note.—Amended to conform to the 2692 redesignation of s. 318.18(19), as created by s. 1, 2693 ch. 2009-138, Laws of Florida, as s. 318.18(20) to 2694 conform to the creation of a different subsection (19) 2695 by s. 3, ch. 2009-6, Laws of Florida. 2696 Section 80. Subsection (32) of section 397.311, Florida 2697 Statutes, is amended to read: 2698 397.311 Definitions.—As used in this chapter, except part 2699 VIII, the term: 2700 (32) “Service component” or “component” means a discrete 2701 operational entity within a service provider which is subject to 2702 licensing as defined by rule. Service components include 2703 prevention, intervention, and clinical treatment described in 2704 subsection (18)(17). 2705 Reviser’s note.—Amended to correct a cross-reference. 2706 The referenced service components are set out in 2707 detail in subsection (18). 2708 Section 81. Subsection (5) of section 397.334, Florida 2709 Statutes, is amended to read: 2710 397.334 Treatment-based drug court programs.— 2711 (5) Treatment-based drug court programs may include 2712 pretrial intervention programs as provided in ss. 948.08, 2713 948.16, and 985.345, treatment-based drug court programs 2714 authorized in chapter 39, postadjudicatory programs, and review 2715 of the status of compliance or noncompliance of sentenced 2716 offenders through a treatment-based drug court program. While 2717 enrolled in a treatment-based drug court program, the 2718 participant is subject to a coordinated strategy developed by a 2719 drug court team under subsection (4)(3). The coordinated 2720 strategy may include a protocol of sanctions that may be imposed 2721 upon the participant for noncompliance with program rules. The 2722 protocol of sanctions may include, but is not limited to, 2723 placement in a substance abuse treatment program offered by a 2724 licensed service provider as defined in s. 397.311 or in a jail 2725 based treatment program or serving a period of secure detention 2726 under chapter 985 if a child or a period of incarceration within 2727 the time limits established for contempt of court if an adult. 2728 The coordinated strategy must be provided in writing to the 2729 participant before the participant agrees to enter into a 2730 treatment-based drug court program. 2731 Reviser’s note.—Amended to conform to the 2732 redesignation of subsection (3) as subsection (4) by 2733 s. 1, ch. 2009-64, Laws of Florida. 2734 Section 82. Paragraph (u) of subsection (1) of section 2735 400.141, Florida Statutes, is amended to read: 2736 400.141 Administration and management of nursing home 2737 facilities.— 2738 (1) Every licensed facility shall comply with all 2739 applicable standards and rules of the agency and shall: 2740 (u) Before November 30 of each year, subject to the 2741 availability of an adequate supply of the necessary vaccine, 2742 provide for immunizations against influenza viruses to all its 2743 consenting residents in accordance with the recommendations of 2744 the United States Centers for Disease Control and Prevention, 2745 subject to exemptions for medical contraindications and 2746 religious or personal beliefs. Subject to these exemptions, any 2747 consenting person who becomes a resident of the facility after 2748 November 30 but before March 31 of the following year must be 2749 immunized within 5 working days after becoming a resident. 2750 Immunization shall not be provided to any resident who provides 2751 documentation that he or she has been immunized as required by 2752 this paragraph. This paragraph does not prohibit a resident from 2753 receiving the immunization from his or her personal physician if 2754 he or she so chooses. A resident who chooses to receive the 2755 immunization from his or her personal physician shall provide 2756 proof of immunization to the facility. The agency may adopt and 2757 enforce any rules necessary to comply with or implement this 2758 paragraphsubsection. 2759 Reviser’s note.—Amended to conform to the 2760 redesignation of subunits by s. 39, ch. 2009-223, Laws 2761 of Florida. 2762 Section 83. Section 400.195, Florida Statutes, is repealed. 2763 Reviser’s note.—Repealed to delete language applicable 2764 to reports by the Agency for Health Care 2765 Administration with respect to nursing homes for a 2766 period ending June 30, 2005. 2767 Section 84. Subsection (6) of section 400.474, Florida 2768 Statutes, is amended to read: 2769 400.474 Administrative penalties.— 2770 (6) The agency may deny, revoke, or suspend the license of 2771 a home health agency and shall impose a fine of $5,000 against a 2772 home health agency that: 2773 (a) Gives remuneration for staffing services to: 2774 1. Another home health agency with which it has formal or 2775 informal patient-referral transactions or arrangements; or 2776 2. A health services pool with which it has formal or 2777 informal patient-referral transactions or arrangements, 2778 2779 unless the home health agency has activated its comprehensive 2780 emergency management plan in accordance with s. 400.492. This 2781 paragraph does not apply to a Medicare-certified home health 2782 agency that provides fair market value remuneration for staffing 2783 services to a non-Medicare-certified home health agency that is 2784 part of a continuing care facility licensed under chapter 651 2785 for providing services to its own residents if each resident 2786 receiving home health services pursuant to this arrangement 2787 attests in writing that he or she made a decision without 2788 influence from staff of the facility to select, from a list of 2789 Medicare-certified home health agencies provided by the 2790 facility, that Medicare-certified home health agency to provide 2791 the services. 2792 (b) Provides services to residents in an assisted living 2793 facility for which the home health agency does not receive fair 2794 market value remuneration. 2795 (c) Provides staffing to an assisted living facility for 2796 which the home health agency does not receive fair market value 2797 remuneration. 2798 (d) Fails to provide the agency, upon request, with copies 2799 of all contracts with assisted living facilities which were 2800 executed within 5 years before the request. 2801 (e) Gives remuneration to a case manager, discharge 2802 planner, facility-based staff member, or third-party vendor who 2803 is involved in the discharge planning process of a facility 2804 licensed under chapter 395, chapter 429, or this chapter from 2805 whom the home health agency receives referrals. 2806 (f) Fails to submit to the agency, within 15 days after the 2807 end of each calendar quarter, a written report that includes the 2808 following data based on data as it existed on the last day of 2809 the quarter: 2810 1. The number of insulin-dependent diabetic patients 2811 receiving insulin-injection services from the home health 2812 agency; 2813 2. The number of patients receiving both home health 2814 services from the home health agency and hospice services; 2815 3. The number of patients receiving home health services 2816 from that home health agency; and 2817 4. The names and license numbers of nurses whose primary 2818 job responsibility is to provide home health services to 2819 patients and who received remuneration from the home health 2820 agency in excess of $25,000 during the calendar quarter. 2821 (g) Gives cash, or its equivalent, to a Medicare or 2822 Medicaid beneficiary. 2823 (h) Has more than one medical director contract in effect 2824 at one time or more than one medical director contract and one 2825 contract with a physician-specialist whose services are mandated 2826 for the home health agency in order to qualify to participate in 2827 a federal or state health care program at one time. 2828 (i) Gives remuneration to a physician without a medical 2829 director contract being in effect. The contract must: 2830 1. Be in writing and signed by both parties; 2831 2. Provide for remuneration that is at fair market value 2832 for an hourly rate, which must be supported by invoices 2833 submitted by the medical director describing the work performed, 2834 the dates on which that work was performed, and the duration of 2835 that work; and 2836 3. Be for a term of at least 1 year. 2837 2838 The hourly rate specified in the contract may not be increased 2839 during the term of the contract. The home health agency may not 2840 execute a subsequent contract with that physician which has an 2841 increased hourly rate and covers any portion of the term that 2842 was in the original contract. 2843 (j) Gives remuneration to: 2844 1. A physician, and the home health agency is in violation 2845 of paragraph (h) or paragraph (i); 2846 2. A member of the physician’s office staff; or 2847 3. An immediate family member of the physician, 2848 2849 if the home health agency has received a patient referral in the 2850 preceding 12 months from that physician or physician’s office 2851 staff. 2852 (k) Fails to provide to the agency, upon request, copies of 2853 all contracts with a medical director which were executed within 2854 5 years before the request. 2855 (l) Demonstrates a pattern of billing the Medicaid program 2856 for services to Medicaid recipients which are medically 2857 unnecessary as determined by a final order. A pattern may be 2858 demonstrated by a showing of at least two such medically 2859 unnecessary services within one Medicaid program integrity audit 2860 period. 2861 2862 Nothing in paragraph (e) or paragraph (j) shall be interpreted 2863 as applying to or precluding any discount, compensation, waiver 2864 of payment, or payment practice permitted by 42 U.S.C. s. 1320a 2865 7(b)52U.S.C. s. 1320a-7(b)or regulations adopted thereunder, 2866 including 42 C.F.R. s. 1001.952 or s. 1395nn or regulations 2867 adopted thereunder. 2868 Reviser’s note.—Amended to confirm an editorial 2869 substitution; 42 U.S.C. s. 1320a-7(b) includes 2870 exemptions from application of criminal penalties 2871 relating to federal health care programs, and 52 2872 U.S.C. s. 1320a-7(b) does not exist. 2873 Section 85. Paragraph (a) of subsection (11) of section 2874 403.0872, Florida Statutes, is amended to read: 2875 403.0872 Operation permits for major sources of air 2876 pollution; annual operation license fee.—Provided that program 2877 approval pursuant to 42 U.S.C. s. 7661a has been received from 2878 the United States Environmental Protection Agency, beginning 2879 January 2, 1995, each major source of air pollution, including 2880 electrical power plants certified under s. 403.511, must obtain 2881 from the department an operation permit for a major source of 2882 air pollution under this section. This operation permit is the 2883 only department operation permit for a major source of air 2884 pollution required for such source; provided, at the applicant’s 2885 request, the department shall issue a separate acid rain permit 2886 for a major source of air pollution that is an affected source 2887 within the meaning of 42 U.S.C. s. 7651a(1). Operation permits 2888 for major sources of air pollution, except general permits 2889 issued pursuant to s. 403.814, must be issued in accordance with 2890 the procedures contained in this section and in accordance with 2891 chapter 120; however, to the extent that chapter 120 is 2892 inconsistent with the provisions of this section, the procedures 2893 contained in this section prevail. 2894 (11) Each major source of air pollution permitted to 2895 operate in this state must pay between January 15 and March 1 of 2896 each year, upon written notice from the department, an annual 2897 operation license fee in an amount determined by department 2898 rule. The annual operation license fee shall be terminated 2899 immediately in the event the United States Environmental 2900 Protection Agency imposes annual fees solely to implement and 2901 administer the major source air-operation permit program in 2902 Florida under 40 C.F.R. s. 70.10(d). 2903 (a) The annual fee must be assessed based upon the source’s 2904 previous year’s emissions and must be calculated by multiplying 2905 the applicable annual operation license fee factor times the 2906 tons of each regulated air pollutant (except carbon monoxide) 2907 allowed to be emitted per hour by specific condition of the 2908 source’s most recent construction or operation permit, times the 2909 annual hours of operation allowed by permit condition; provided, 2910 however, that: 2911 1. The license fee factor is $25 or another amount 2912 determined by department rule which ensures that the revenue 2913 provided by each year’s operation license fees is sufficient to 2914 cover all reasonable direct and indirect costs of the major 2915 stationary source air-operation permit program established by 2916 this section. The license fee factor may be increased beyond $25 2917 only if the secretary of the department affirmatively finds that 2918 a shortage of revenue for support of the major stationary source 2919 air-operation permit program will occur in the absence of a fee 2920 factor adjustment. The annual license fee factor may never 2921 exceed $35. 2922 2. For any source that operates for fewer hours during the 2923 calendar year than allowed under its permit, the annual fee 2924 calculation must be based upon actual hours of operation rather 2925 than allowable hours if the owner or operator of the source 2926 documents the source’s actual hours of operation for the 2927 calendar year. For any source that has an emissions limit that 2928 is dependent upon the type of fuel burned, the annual fee 2929 calculation must be based on the emissions limit applicable 2930 during actual hours of operation. 2931 3. For any source whose allowable emission limitation is 2932 specified by permit per units of material input or heat input or 2933 product output, the applicable input or production amount may be 2934 used to calculate the allowable emissions if the owner or 2935 operator of the source documents the actual input or production 2936 amount. If the input or production amount is not documented, the 2937 maximum allowable input or production amount specified in the 2938 permit must be used to calculate the allowable emissions. 2939 4. For any new source that does not receive its first 2940 operation permit until after the beginning of a calendar year, 2941 the annual fee for the year must be reduced pro rata to reflect 2942 the period during which the source was not allowed to operate. 2943 5. For any source that emits less of any regulated air 2944 pollutant than allowed by permit condition, the annual fee 2945 calculation for such pollutant must be based upon actual 2946 emissions rather than allowable emissions if the owner or 2947 operator documents the source’s actual emissions by means of 2948 data from a department-approved certified continuous emissions 2949 monitor or from an emissions monitoring method which has been 2950 approved by the United States Environmental Protection Agency 2951 under the regulations implementing 42 U.S.C. ss. 7651 et seq., 2952 or from a method approved by the department for purposes of this 2953 section. 2954 6. The amount of each regulated air pollutant in excess of 2955 4,000 tons per year allowed to be emitted by any source, or 2956 group of sources belonging to the same Major Group as described 2957 in the Standard Industrial Classification Manual, 1987, may not 2958 be included in the calculation of the fee. Any source, or group 2959 of sources, which does not emit any regulated air pollutant in 2960 excess of 4,000 tons per year, is allowed a one-time credit not 2961 to exceed 25 percent of the first annual licensing fee for the 2962 prorated portion of existing air-operation permit application 2963 fees remaining upon commencement of the annual licensing fees. 2964 7. If the department has not received the fee by February 2965 15 of the calendar year, the permittee must be sent a written 2966 warning of the consequences for failing to pay the fee by March 2967 1. If the fee is not postmarked by March 1 of the calendar year, 2968 the department shall impose, in addition to the fee, a penalty 2969 of 50 percent of the amount of the fee, plus interest on such 2970 amount computed in accordance with s. 220.807. The department 2971 may not impose such penalty or interest on any amount underpaid, 2972 provided that the permittee has timely remitted payment of at 2973 least 90 percent of the amount determined to be due and remits 2974 full payment within 60 days after receipt of notice of the 2975 amount underpaid. The department may waive the collection of 2976 underpayment and shall not be required to refund overpayment of 2977 the fee, if the amount due is less than 1 percent of the fee, up 2978 to $50. The department may revoke any major air pollution source 2979 operation permit if it finds that the permitholder has failed to 2980 timely pay any required annual operation license fee, penalty, 2981 or interest. 2982 8. Notwithstanding the computational provisions of this 2983 subsection, the annual operation license fee for any source 2984 subject to this section shall not be less than $250, except that 2985 the annual operation license fee for sources permitted solely 2986 through general permits issued under s. 403.814 shall not exceed 2987 $50 per year. 2988 9. Notwithstanding the provisions of s. 403.087(6)(a)5.a. 2989403.087(6)(a)4.a., authorizing air pollution construction permit 2990 fees, the department may not require such fees for changes or 2991 additions to a major source of air pollution permitted pursuant 2992 to this section, unless the activity triggers permitting 2993 requirements under Title I, Part C or Part D, of the federal 2994 Clean Air Act, 42 U.S.C. ss. 7470-7514a. Costs to issue and 2995 administer such permits shall be considered direct and indirect 2996 costs of the major stationary source air-operation permit 2997 program under s. 403.0873. The department shall, however, 2998 require fees pursuant to the provisions of s. 403.087(6)(a)5.a. 2999403.087(6)(a)4.a.for the construction of a new major source of 3000 air pollution that will be subject to the permitting 3001 requirements of this section once constructed and for activities 3002 triggering permitting requirements under Title I, Part C or Part 3003 D, of the federal Clean Air Act, 42 U.S.C. ss. 7470-7514a. 3004 Reviser’s note.—Amended to conform to the 3005 redesignation of s. 403.087(6)(a)4.a. as s. 3006 403.087(6)(a)5.a. by s. 19, ch. 2008-150, Laws of 3007 Florida. 3008 Section 86. Subsection (8) of section 403.93345, Florida 3009 Statutes, is amended to read: 3010 403.93345 Coral reef protection.— 3011 (8) In addition to the compensation described in subsection 3012 (5), the department may assess, per occurrence, civil penalties 3013 according to the following schedule: 3014 (a) For any anchoring of a vessel on a coral reef or for 3015 any other damage to a coral reef totaling less than or equal to 3016 an area of 1 square meter, $150, provided that a responsible 3017 party who has anchored a recreational vessel as defined in s. 3018 327.02 which is lawfully registered or exempt from registration 3019 pursuant to chapter 328 is issued, at least once, a warning 3020 letter in lieu of penalty; with aggravating circumstances, an 3021 additional $150; occurring within a state park or aquatic 3022 preserve, an additional $150. 3023 (b) For damage totaling more than an area of 1 square meter 3024 but less than or equal to an area of 10 square meters, $300 per 3025 square meter; with aggravating circumstances, an additional $300 3026 per square meter; occurring within a state park or aquatic 3027 preserve, an additional $300 per square meter. 3028 (c) For damage exceeding an area of 10 square meters, 3029 $1,000 per square meter; with aggravating circumstances, an 3030 additional $1,000 per square meter; occurring within a state 3031 park or aquatic preserve, an additional $1,000 per square meter. 3032 (d) For a second violation, the total penalty may be 3033 doubled. 3034 (e) For a third violation, the total penalty may be 3035 tripled. 3036 (f) For any violation after a third violation, the total 3037 penalty may be quadrupled. 3038 (g) The total of penalties levied may not exceed $250,000 3039 per occurrence. 3040 Reviser’s note.—Amended to confirm an editorial 3041 insertion made to improve clarity. 3042 Section 87. Section 403.9336, Florida Statutes, is amended 3043 to read: 3044 403.9336 Legislative findings.—The Legislature finds that 3045 the implementation of the Model Ordinance for Florida-Friendly 3046 Fertilizer Use on Urban Landscapes (2008), which was developed 3047 by the department in conjunction with theFloridaConsumer 3048 Fertilizer Task Force, the Department of Agriculture and 3049 Consumer Services, and the University of Florida Institute of 3050 Food and Agricultural Sciences, will assist in protecting the 3051 quality of Florida’s surface water and groundwater resources. 3052 The Legislature further finds that local conditions, including 3053 variations in the types and quality of water bodies, site 3054 specific soils and geology, and urban or rural densities and 3055 characteristics, may necessitate the implementation of 3056 additional or more stringent fertilizer management practices at 3057 the local government level. 3058 Reviser’s note.—Amended to conform to the name of the 3059 task force as created in s. 576.092; the task force 3060 has been abolished, and s. 576.092 is repealed by this 3061 act. 3062 Section 88. Subsections (6) and (7) of section 408.0361, 3063 Florida Statutes, are repealed. 3064 Reviser’s note.—Subsection (6) is repealed to delete 3065 language establishing an advisory group to study the 3066 issue of replacing certificate-of-need review of organ 3067 transplant programs with licensure regulation of organ 3068 transplant programs and to submit a report by July 1, 3069 2005. Subsection (7) is repealed to delete language 3070 establishing a workgroup to study certificate-of-need 3071 regulations and changing market conditions related to 3072 the supply and distribution of hospital beds and to 3073 submit a report by July 1, 2005. 3074 Section 89. Paragraph (k) of subsection (3) of section 3075 408.05, Florida Statutes, is amended to read: 3076 408.05 Florida Center for Health Information and Policy 3077 Analysis.— 3078 (3) COMPREHENSIVE HEALTH INFORMATION SYSTEM.—In order to 3079 produce comparable and uniform health information and statistics 3080 for the development of policy recommendations, the agency shall 3081 perform the following functions: 3082 (k) Develop, in conjunction with the State Consumer Health 3083 Information and Policy Advisory Council, and implement a long 3084 range plan for making available health care quality measures and 3085 financial data that will allow consumers to compare health care 3086 services. The health care quality measures and financial data 3087 the agency must make available shall include, but is not limited 3088 to, pharmaceuticals, physicians, health care facilities, and 3089 health plans and managed care entities. The agency shallsubmit3090the initial plan to the Governor, the President of the Senate,3091and the Speaker of the House of Representatives by January 1,30922006, and shallupdate the plan and report on the status of its 3093 implementation annuallythereafter. The agency shall also make 3094 the plan and status report available to the public on its 3095 Internet website. As part of the plan, the agency shall identify 3096 the process and timeframes for implementation, any barriers to 3097 implementation, and recommendations of changes in the law that 3098 may be enacted by the Legislature to eliminate the barriers. As 3099 preliminary elements of the plan, the agency shall: 3100 1. Make available patient-safety indicators, inpatient 3101 quality indicators, and performance outcome and patient charge 3102 data collected from health care facilities pursuant to s. 3103 408.061(1)(a) and (2). The terms “patient-safety indicators” and 3104 “inpatient quality indicators” shall be as defined by the 3105 Centers for Medicare and Medicaid Services, the National Quality 3106 Forum, the Joint Commission on Accreditation of Healthcare 3107 Organizations, the Agency for Healthcare Research and Quality, 3108 the Centers for Disease Control and Prevention, or a similar 3109 national entity that establishes standards to measure the 3110 performance of health care providers, or by other states. The 3111 agency shall determine which conditions, procedures, health care 3112 quality measures, and patient charge data to disclose based upon 3113 input from the council. When determining which conditions and 3114 procedures are to be disclosed, the council and the agency shall 3115 consider variation in costs, variation in outcomes, and 3116 magnitude of variations and other relevant information. When 3117 determining which health care quality measures to disclose, the 3118 agency: 3119 a. Shall consider such factors as volume of cases; average 3120 patient charges; average length of stay; complication rates; 3121 mortality rates; and infection rates, among others, which shall 3122 be adjusted for case mix and severity, if applicable. 3123 b. May consider such additional measures that are adopted 3124 by the Centers for Medicare and Medicaid Studies, National 3125 Quality Forum, the Joint Commission on Accreditation of 3126 Healthcare Organizations, the Agency for Healthcare Research and 3127 Quality, Centers for Disease Control and Prevention, or a 3128 similar national entity that establishes standards to measure 3129 the performance of health care providers, or by other states. 3130 3131 When determining which patient charge data to disclose, the 3132 agency shall include such measures as the average of 3133 undiscounted charges on frequently performed procedures and 3134 preventive diagnostic procedures, the range of procedure charges 3135 from highest to lowest, average net revenue per adjusted patient 3136 day, average cost per adjusted patient day, and average cost per 3137 admission, among others. 3138 2. Make available performance measures, benefit design, and 3139 premium cost data from health plans licensed pursuant to chapter 3140 627 or chapter 641. The agency shall determine which health care 3141 quality measures and member and subscriber cost data to 3142 disclose, based upon input from the council. When determining 3143 which data to disclose, the agency shall consider information 3144 that may be required by either individual or group purchasers to 3145 assess the value of the product, which may include membership 3146 satisfaction, quality of care, current enrollment or membership, 3147 coverage areas, accreditation status, premium costs, plan costs, 3148 premium increases, range of benefits, copayments and 3149 deductibles, accuracy and speed of claims payment, credentials 3150 of physicians, number of providers, names of network providers, 3151 and hospitals in the network. Health plans shall make available 3152 to the agency any such data or information that is not currently 3153 reported to the agency or the office. 3154 3. Determine the method and format for public disclosure of 3155 data reported pursuant to this paragraph. The agency shall make 3156 its determination based upon input from the State Consumer 3157 Health Information and Policy Advisory Council. At a minimum, 3158 the data shall be made available on the agency’s Internet 3159 website in a manner that allows consumers to conduct an 3160 interactive search that allows them to view and compare the 3161 information for specific providers. The website must include 3162 such additional information as is determined necessary to ensure 3163 that the website enhances informed decisionmaking among 3164 consumers and health care purchasers, which shall include, at a 3165 minimum, appropriate guidance on how to use the data and an 3166 explanation of why the data may vary from provider to provider. 3167The data specified in subparagraph 1. shall be released no later3168than January 1, 2006, for the reporting of infection rates, and3169no later than October 1, 2005, for mortality rates and3170complication rates. The data specified in subparagraph 2. shall3171be released no later than October 1, 2006.3172 4. Publish on its website undiscounted charges for no fewer 3173 than 150 of the most commonly performed adult and pediatric 3174 procedures, including outpatient, inpatient, diagnostic, and 3175 preventative procedures. 3176 Reviser’s note.—Amended to delete provisions that have 3177 served their purpose. 3178 Section 90. Subsection (25) of section 408.820, Florida 3179 Statutes, is amended to read: 3180 408.820 Exemptions.—Except as prescribed in authorizing 3181 statutes, the following exemptions shall apply to specified 3182 requirements of this part: 3183 (25) Health care clinics, as provided under part X of 3184 chapter 400, are exempt from s. 408.810(6), (7), and (10). 3185 Reviser’s note.—Amended to confirm an editorial 3186 insertion made to improve clarity. 3187 Section 91. Subsection (3) of section 409.816, Florida 3188 Statutes, is amended to read: 3189 409.816 Limitations on premiums and cost-sharing.—The 3190 following limitations on premiums and cost-sharing are 3191 established for the program. 3192 (3) Enrollees in families with a family income above 150 3193 percent of the federal poverty level who are not receiving 3194 coverage under the Medicaid program or who are not eligible 3195 under s. 409.814(6)409.814(7)may be required to pay enrollment 3196 fees, premiums, copayments, deductibles, coinsurance, or similar 3197 charges on a sliding scale related to income, except that the 3198 total annual aggregate cost-sharing with respect to all children 3199 in a family may not exceed 5 percent of the family’s income. 3200 However, copayments, deductibles, coinsurance, or similar 3201 charges may not be imposed for preventive services, including 3202 well-baby and well-child care, age-appropriate immunizations, 3203 and routine hearing and vision screenings. 3204 Reviser’s note.—Amended to correct an apparent error 3205 and conform to context. The reference was to s. 3206 409.814(5) prior to amendment of s. 409.816(3) by s. 3207 9, ch. 2009-113, Laws of Florida; s. 7, ch. 2009-113, 3208 redesignated s. 409.814(5) as s. 409.814(6). 3209 Section 92. Subsection (5) of section 409.905, Florida 3210 Statutes, is reenacted to read: 3211 409.905 Mandatory Medicaid services.—The agency may make 3212 payments for the following services, which are required of the 3213 state by Title XIX of the Social Security Act, furnished by 3214 Medicaid providers to recipients who are determined to be 3215 eligible on the dates on which the services were provided. Any 3216 service under this section shall be provided only when medically 3217 necessary and in accordance with state and federal law. 3218 Mandatory services rendered by providers in mobile units to 3219 Medicaid recipients may be restricted by the agency. Nothing in 3220 this section shall be construed to prevent or limit the agency 3221 from adjusting fees, reimbursement rates, lengths of stay, 3222 number of visits, number of services, or any other adjustments 3223 necessary to comply with the availability of moneys and any 3224 limitations or directions provided for in the General 3225 Appropriations Act or chapter 216. 3226 (5) HOSPITAL INPATIENT SERVICES.—The agency shall pay for 3227 all covered services provided for the medical care and treatment 3228 of a recipient who is admitted as an inpatient by a licensed 3229 physician or dentist to a hospital licensed under part I of 3230 chapter 395. However, the agency shall limit the payment for 3231 inpatient hospital services for a Medicaid recipient 21 years of 3232 age or older to 45 days or the number of days necessary to 3233 comply with the General Appropriations Act. 3234 (a) The agency is authorized to implement reimbursement and 3235 utilization management reforms in order to comply with any 3236 limitations or directions in the General Appropriations Act, 3237 which may include, but are not limited to: prior authorization 3238 for inpatient psychiatric days; prior authorization for 3239 nonemergency hospital inpatient admissions for individuals 21 3240 years of age and older; authorization of emergency and urgent 3241 care admissions within 24 hours after admission; enhanced 3242 utilization and concurrent review programs for highly utilized 3243 services; reduction or elimination of covered days of service; 3244 adjusting reimbursement ceilings for variable costs; adjusting 3245 reimbursement ceilings for fixed and property costs; and 3246 implementing target rates of increase. The agency may limit 3247 prior authorization for hospital inpatient services to selected 3248 diagnosis-related groups, based on an analysis of the cost and 3249 potential for unnecessary hospitalizations represented by 3250 certain diagnoses. Admissions for normal delivery and newborns 3251 are exempt from requirements for prior authorization. In 3252 implementing the provisions of this section related to prior 3253 authorization, the agency shall ensure that the process for 3254 authorization is accessible 24 hours per day, 7 days per week 3255 and authorization is automatically granted when not denied 3256 within 4 hours after the request. Authorization procedures must 3257 include steps for review of denials. Upon implementing the prior 3258 authorization program for hospital inpatient services, the 3259 agency shall discontinue its hospital retrospective review 3260 program. 3261 (b) A licensed hospital maintained primarily for the care 3262 and treatment of patients having mental disorders or mental 3263 diseases is not eligible to participate in the hospital 3264 inpatient portion of the Medicaid program except as provided in 3265 federal law. However, the department shall apply for a waiver, 3266 within 9 months after June 5, 1991, designed to provide 3267 hospitalization services for mental health reasons to children 3268 and adults in the most cost-effective and lowest cost setting 3269 possible. Such waiver shall include a request for the 3270 opportunity to pay for care in hospitals known under federal law 3271 as “institutions for mental disease” or “IMD’s.” The waiver 3272 proposal shall propose no additional aggregate cost to the state 3273 or Federal Government, and shall be conducted in Hillsborough 3274 County, Highlands County, Hardee County, Manatee County, and 3275 Polk County. The waiver proposal may incorporate competitive 3276 bidding for hospital services, comprehensive brokering, prepaid 3277 capitated arrangements, or other mechanisms deemed by the 3278 department to show promise in reducing the cost of acute care 3279 and increasing the effectiveness of preventive care. When 3280 developing the waiver proposal, the department shall take into 3281 account price, quality, accessibility, linkages of the hospital 3282 to community services and family support programs, plans of the 3283 hospital to ensure the earliest discharge possible, and the 3284 comprehensiveness of the mental health and other health care 3285 services offered by participating providers. 3286 (c) The agency shall adjust a hospital’s current inpatient 3287 per diem rate to reflect the cost of serving the Medicaid 3288 population at that institution if: 3289 1. The hospital experiences an increase in Medicaid 3290 caseload by more than 25 percent in any year, primarily 3291 resulting from the closure of a hospital in the same service 3292 area occurring after July 1, 1995; 3293 2. The hospital’s Medicaid per diem rate is at least 25 3294 percent below the Medicaid per patient cost for that year; or 3295 3. The hospital is located in a county that has six or 3296 fewer general acute care hospitals, began offering obstetrical 3297 services on or after September 1999, and has submitted a request 3298 in writing to the agency for a rate adjustment after July 1, 3299 2000, but before September 30, 2000, in which case such 3300 hospital’s Medicaid inpatient per diem rate shall be adjusted to 3301 cost, effective July 1, 2002. 3302 3303 By October 1 of each year, the agency must provide estimated 3304 costs for any adjustment in a hospital inpatient per diem rate 3305 to the Executive Office of the Governor, the House of 3306 Representatives General Appropriations Committee, and the Senate 3307 Appropriations Committee. Before the agency implements a change 3308 in a hospital’s inpatient per diem rate pursuant to this 3309 paragraph, the Legislature must have specifically appropriated 3310 sufficient funds in the General Appropriations Act to support 3311 the increase in cost as estimated by the agency. 3312 (d) The agency shall implement a hospitalist program in 3313 nonteaching hospitals, select counties, or statewide. The 3314 program shall require hospitalists to manage Medicaid 3315 recipients’ hospital admissions and lengths of stay. Individuals 3316 who are dually eligible for Medicare and Medicaid are exempted 3317 from this requirement. Medicaid participating physicians and 3318 other practitioners with hospital admitting privileges shall 3319 coordinate and review admissions of Medicaid recipients with the 3320 hospitalist. The agency may competitively bid a contract for 3321 selection of a single qualified organization to provide 3322 hospitalist services. The agency may procure hospitalist 3323 services by individual county or may combine counties in a 3324 single procurement. The qualified organization shall contract 3325 with or employ board-eligible physicians in Miami-Dade, Palm 3326 Beach, Hillsborough, Pasco, and Pinellas Counties. The agency is 3327 authorized to seek federal waivers to implement this program. 3328 (e) The agency shall implement a comprehensive utilization 3329 management program for hospital neonatal intensive care stays in 3330 certain high-volume participating hospitals, select counties, or 3331 statewide, and shall replace existing hospital inpatient 3332 utilization management programs for neonatal intensive care 3333 admissions. The program shall be designed to manage the lengths 3334 of stay for children being treated in neonatal intensive care 3335 units and must seek the earliest medically appropriate discharge 3336 to the child’s home or other less costly treatment setting. The 3337 agency may competitively bid a contract for selection of a 3338 qualified organization to provide neonatal intensive care 3339 utilization management services. The agency is authorized to 3340 seek any federal waivers to implement this initiative. 3341 Reviser’s note.—Section 5, ch. 2009-55, Laws of 3342 Florida, amended subsection (5) of s. 409.905 without 3343 publishing existing paragraphs (a), (b), (d), and (e). 3344 Absent affirmative evidence of legislative intent to 3345 repeal existing paragraphs (5)(a), (b), (d), and (e), 3346 subsection (5) is reenacted to confirm that the 3347 omission was not intended. 3348 Section 93. Paragraph (b) of subsection (12) of section 3349 409.908, Florida Statutes, is amended to read: 3350 409.908 Reimbursement of Medicaid providers.—Subject to 3351 specific appropriations, the agency shall reimburse Medicaid 3352 providers, in accordance with state and federal law, according 3353 to methodologies set forth in the rules of the agency and in 3354 policy manuals and handbooks incorporated by reference therein. 3355 These methodologies may include fee schedules, reimbursement 3356 methods based on cost reporting, negotiated fees, competitive 3357 bidding pursuant to s. 287.057, and other mechanisms the agency 3358 considers efficient and effective for purchasing services or 3359 goods on behalf of recipients. If a provider is reimbursed based 3360 on cost reporting and submits a cost report late and that cost 3361 report would have been used to set a lower reimbursement rate 3362 for a rate semester, then the provider’s rate for that semester 3363 shall be retroactively calculated using the new cost report, and 3364 full payment at the recalculated rate shall be effected 3365 retroactively. Medicare-granted extensions for filing cost 3366 reports, if applicable, shall also apply to Medicaid cost 3367 reports. Payment for Medicaid compensable services made on 3368 behalf of Medicaid eligible persons is subject to the 3369 availability of moneys and any limitations or directions 3370 provided for in the General Appropriations Act or chapter 216. 3371 Further, nothing in this section shall be construed to prevent 3372 or limit the agency from adjusting fees, reimbursement rates, 3373 lengths of stay, number of visits, or number of services, or 3374 making any other adjustments necessary to comply with the 3375 availability of moneys and any limitations or directions 3376 provided for in the General Appropriations Act, provided the 3377 adjustment is consistent with legislative intent. 3378 (12) 3379 (b) The agency shall adopt a fee schedule, subject to any 3380 limitations or directions provided for in the General 3381 Appropriations Act, based on a resource-based relative value 3382 scale for pricing Medicaid physician services. Under this fee 3383 schedule, physicians shall be paid a dollar amount for each 3384 service based on the average resources required to provide the 3385 service, including, but not limited to, estimates of average 3386 physician time and effort, practice expense, and the costs of 3387 professional liability insurance. The fee schedule shall provide 3388 increased reimbursement for preventive and primary care services 3389 and lowered reimbursement for specialty services by using at 3390 least two conversion factors, one for cognitive services and 3391 another for procedural services. The fee schedule shall not 3392 increase total Medicaid physician expenditures unless moneys are 3393 available, and shall be phased in over a 2-year period beginning3394on July 1, 1994. The Agency for Health Care Administration shall 3395 seek the advice of a 16-member advisory panel in formulating and 3396 adopting the fee schedule. The panel shall consist of Medicaid 3397 physicians licensed under chapters 458 and 459 and shall be 3398 composed of 50 percent primary care physicians and 50 percent 3399 specialty care physicians. 3400 Reviser’s note.—Amended to delete obsolete language. 3401 Section 94. Subsection (5) of section 409.911, Florida 3402 Statutes, is amended to read: 3403 409.911 Disproportionate share program.—Subject to specific 3404 allocations established within the General Appropriations Act 3405 and any limitations established pursuant to chapter 216, the 3406 agency shall distribute, pursuant to this section, moneys to 3407 hospitals providing a disproportionate share of Medicaid or 3408 charity care services by making quarterly Medicaid payments as 3409 required. Notwithstanding the provisions of s. 409.915, counties 3410 are exempt from contributing toward the cost of this special 3411 reimbursement for hospitals serving a disproportionate share of 3412 low-income patients. 3413 (5) The following formula shall be used to pay 3414 disproportionate share dollars to provider service network (PSN) 3415 hospitals: 3416 DSHP = TAAPSNH x (IHPSND x THPSND) 3417 3418 Where: 3419 DSHP = Disproportionate share hospital payments. 3420 TAAPSNH = Total amount available for PSN hospitals. 3421 IHPSND = Individual hospital PSN days. 3422 THPSND = Total of all hospital PSN days. 3423 3424 For purposes of this subsectionparagraph, the PSN inpatient 3425 days shall be provided in the General Appropriations Act. 3426 Reviser’s note.—Amended to confirm an editorial 3427 substitution; subsection (5) is not divided into 3428 paragraphs. 3429 Section 95. Paragraph (f) of subsection (5) and paragraph 3430 (g) of subsection (15) of section 409.912, Florida Statutes, are 3431 repealed. 3432 Reviser’s note.—Paragraph (5)(f) is repealed to delete 3433 language requiring a report due by December 31, 2007, 3434 analyzing the merits and challenges of seeking a 3435 waiver to implement a voluntary program that 3436 integrates payments and services for dually enrolled 3437 Medicare and Medicaid recipients who are 65 years of 3438 age or older. Paragraph (15)(g) is repealed to delete 3439 language requiring a report due by July 1, 2005, 3440 regarding the impact to the state of modifying level 3441 of-care criteria to eliminate the Intermediate II 3442 level of care. 3443 Section 96. Subsection (14) of section 409.91211, Florida 3444 Statutes, is amended to read: 3445 409.91211 Medicaid managed care pilot program.— 3446 (14) It is the intent of the Legislature that if any 3447 conflict exists between the provisions contained in this section 3448 and other provisions of this chapter which relate to the 3449 implementation of the Medicaid managed care pilot program, the 3450 provisions contained in this section shall control.The agency3451shall provide a written report to the Legislature by April 1,34522006, identifying any provisions of this chapter which conflict3453with the implementation of the Medicaid managed care pilot3454program created in this section. After April 1, 2006,The agency 3455 shall provide a written report to the Legislature immediately 3456 upon identifying any provisions of this chapter which conflict 3457 with the implementation of the Medicaid managed care pilot 3458 program created in this section. 3459 Reviser’s note.—Amended to delete provisions that have 3460 served their purpose. 3461 Section 97. Subsection (2) of section 420.628, Florida 3462 Statutes, is amended to read: 3463 420.628 Affordable housing for children and young adults 3464 leaving foster care; legislative findings and intent.— 3465 (2) Young adults who leave the child welfare system meet 3466 the definition of eligible persons under ss. 420.503(17) and 3467 420.9071(10)ss.420.503(7) and420.907(10)for affordable 3468 housing, and are encouraged to participate in federal, state, 3469 and local affordable housing programs. Students deemed to be 3470 eligible occupants under 26 U.S.C. s. 42(i)(3)(D) shall be 3471 considered eligible persons for purposes of all projects funded 3472 under this chapter. 3473 Reviser’s note.—Amended to confirm editorial 3474 substitutions. Section 420.503(7) defines the term 3475 “community housing development organization,” and 3476 subsection (17) defines the term “eligible persons.” 3477 Section 420.907(10) does not exist, and s. 3478 420.9071(10) defines the term “eligible person.” 3479 Section 98. Paragraph (f) of subsection (18) of section 3480 430.04, Florida Statutes, is amended to read: 3481 430.04 Duties and responsibilities of the Department of 3482 Elderly Affairs.—The Department of Elderly Affairs shall: 3483 (18) Administer all Medicaid waivers and programs relating 3484 to elders and their appropriations. The waivers include, but are 3485 not limited to: 3486 (f) The Program offorAll-inclusive Care for the Elderly. 3487 Reviser’s note.—Amended to confirm an editorial 3488 substitution made to conform to the correct name of 3489 the program. 3490 Section 99. Subsection (5) of section 440.105, Florida 3491 Statutes, is amended to read: 3492 440.105 Prohibited activities; reports; penalties; 3493 limitations.— 3494 (5) It shall be unlawful for any attorney or other person, 3495 in his or her individual capacity or in his or her capacity as a 3496 public or private employee or for any firm, corporation, 3497 partnership, or association, to unlawfully solicit any business 3498 in and about city or county hospitals, courts, or any public 3499 institution or public place; in and about private hospitals or 3500 sanitariums; in and about any private institution; or upon 3501 private property of any character whatsoever for the purpose of 3502 making workers’ compensation claims. Whoever violates any 3503 provision of this subsection commits a felony of the second 3504 degree, punishable as provided in s. 775.082, s. 775.083, or s. 3505 775.084775.085. 3506 Reviser’s note.—Amended to correct an apparent error 3507 and facilitate correct interpretation. The reference 3508 is not consistent with the contents of s. 775.085 but 3509 is consistent with the contents of s. 775.084. 3510 Section 100. Subsection (3) of section 443.1117, Florida 3511 Statutes, is amended to read: 3512 443.1117 Temporary extended benefits.— 3513 (3) TOTAL EXTENDED BENEFIT AMOUNT.—Except as provided in 3514 subsection (4)(5): 3515 (a) For any week for which there is an “on” indicator 3516 pursuant to paragraph (2)(g)(3)(g), the total extended benefit 3517 amount payable to an eligible individual for her or his 3518 applicable benefit year is the lesser of: 3519 1. Fifty percent of the total regular benefits payable 3520 under this chapter in the applicable benefit year; or 3521 2. Thirteen times the weekly benefit amount payable under 3522 this chapter for a week of total unemployment in the applicable 3523 benefit year. 3524 (b) For any high unemployment period as defined in 3525 paragraph (2)(h)(3)(h), the total extended benefit amount 3526 payable to an eligible individual for her or his applicable 3527 benefit year is the lesser of: 3528 1. Eighty percent of the total regular benefits payable 3529 under this chapter in the applicable benefit year; or 3530 2. Twenty times the weekly benefit amount payable under 3531 this chapter for a week of total unemployment in the applicable 3532 benefit year. 3533 Reviser’s note.—The introductory language to 3534 subsection (3) is amended to correct an apparent error 3535 and facilitate correct interpretation. Subsection (5) 3536 does not exist; the content in subsection (4) relates 3537 to extended benefit periods. Paragraph (3)(a) is 3538 amended to confirm an editorial substitution; 3539 paragraph (2)(g) defines the term “state ‘on’ 3540 indicator,” and paragraph (3)(g) does not exist. 3541 Paragraph (3)(b) is amended to confirm an editorial 3542 insertion; paragraph (2)(h) defines the term “high 3543 unemployment period,” and paragraph (3)(h) does not 3544 exist. 3545 Section 101. Subsection (9) of section 445.049, Florida 3546 Statutes, is repealed. 3547 Reviser’s note.—Repealed to delete language requiring 3548 the Digital Divide Council to submit a report by March 3549 1, 2008, with results of the council’s monitoring, 3550 reviewing, and evaluating of and recommendations on 3551 certain programs. 3552 Section 102. Section 450.231, Florida Statutes, is amended 3553 to read: 3554 450.231 Annual reports to Legislature.—The commission shall 3555 report its findings, recommendations, and proposed legislation 3556 to each regular session of the Legislature no later than 3557 February 1 of each yearbeginning in 2006. 3558 Reviser’s note.—Amended to delete a provision that has 3559 served its purpose. 3560 Section 103. Paragraph (c) of subsection (1) of section 3561 456.041, Florida Statutes, is amended to read: 3562 456.041 Practitioner profile; creation.— 3563 (1) 3564 (c) Within 30 calendar days after receiving an update of 3565 information required for the practitioner’s profile, the 3566 department shall update the practitioner’s profile in accordance 3567 with the requirements of subsection (8)(7). 3568 Reviser’s note.—Amended to conform to the 3569 redesignation of subsection (7) as subsection (8) by 3570 s. 22, ch. 2009-223, Laws of Florida. 3571 Section 104. Subsections (7) and (8) of section 466.0067, 3572 Florida Statutes, are amended to read: 3573 466.0067 Application for health access dental license.—The 3574 Legislature finds that there is an important state interest in 3575 attracting dentists to practice in underserved health access 3576 settings in this state and further, that allowing out-of-state 3577 dentists who meet certain criteria to practice in health access 3578 settings without the supervision of a dentist licensed in this 3579 state is substantially related to achieving this important state 3580 interest. Therefore, notwithstanding the requirements of s. 3581 466.006, the board shall grant a health access dental license to 3582 practice dentistry in this state in health access settings as 3583 defined in s. 466.003(14) to an applicant that: 3584 (7) Currently holds a valid, active, dental license in good 3585 standing which has not been revoked, suspended, restricted, or 3586 otherwise disciplined from another of thetheseUnited States, 3587 the District of Columbia, or a United States territory; 3588 (8) Has never had a license revoked from another of the 3589theseUnited States, the District of Columbia, or a United 3590 States territory; 3591 Reviser’s note.—Amended to provide contextual 3592 consistency within the Florida Statutes. 3593 Section 105. Subsection (1) of section 472.016, Florida 3594 Statutes, is amended to read: 3595 472.016 Members of Armed Forces in good standing with the 3596 board.— 3597 (1) Any member of the Armed Forces of the United States who 3598 is now or in the future on active duty and who, at the time of 3599 becoming such a member of the Armed Forces, was in good standing 3600 with the board and entitled to practice or engage in surveying 3601 and mapping in the state shall be kept in good standing by the 3602 board, without registering, paying dues or fees, or performing 3603 any other act on his or her part to be performed, as long as he 3604 or she is a member of the Armed Forces of the United States on 3605 active duty and for a period of 6 months after discharge from 3606 active duty, provided that he or she is not engaged in the 3607 practice of surveying or mapping in the private sector for 3608 profit. 3609 Reviser’s note.—Amended to confirm an editorial 3610 insertion made to improve clarity and facilitate 3611 correct interpretation. 3612 Section 106. Subsection (1) of section 472.036, Florida 3613 Statutes, is amended to read: 3614 472.036 Unlicensed practice of professional surveying and 3615 mapping; cease and desist notice; civil penalty; enforcement; 3616 citations; allocation of moneys collected.— 3617 (1) When the department has probable cause to believe that 3618 any person not licensed by the department or the board has 3619 violated any provision of this chapter, or any rule adopted 3620 pursuant to this chapter, the department may issue and deliver 3621 to such person a notice to cease and desist from such violation. 3622 In addition, the department may issue and deliver a notice to 3623 cease and desist to any person who aids and abets the unlicensed 3624 practice of surveying and mapping by employing such unlicensed 3625 person. The issuance of a notice to cease and desist shall not 3626 constitute agency action for which a hearing under ss. 120.569 3627 and 120.57 may be sought. For the purpose of enforcing a cease 3628 and desist order, the department may file a proceeding in the 3629 name of the state seeking issuance of an injunction or a writ of 3630 mandamus against any person who violates any provisions of such 3631 order. In addition to the foregoing remedies, the department may 3632 impose an administrative penalty not to exceed $5,000 per 3633 incident pursuant to the provisions of chapter 120 or may issue 3634 a citation pursuant to the provisions of subsection (3). If the 3635 department is required to seek enforcement of the order for a 3636 penalty pursuant to s. 120.569, it shall be entitled to collect 3637 its attorney’s fees and costs, together with any cost of 3638 collection. 3639 Reviser’s note.—Amended to confirm an editorial 3640 insertion made to improve clarity and facilitate 3641 correct interpretation. 3642 Section 107. Subsection (4) of section 473.315, Florida 3643 Statutes, is amended to read: 3644 473.315 Independence, technical standards.— 3645 (4) Attorneys who are admitted to practice law by the 3646 Supreme Court of Florida are exempt from the standards of 3647 practice of public accounting as defined in s. 473.302(8)(b) and 3648 (c)473.302(7)(b) and (c)when such standards conflict with the 3649 rules of The Florida Bar or orders of the Florida Supreme Court. 3650 Reviser’s note.—Amended to conform to the 3651 redesignation of s. 473.302(7)(b) and (c) as s. 3652 473.302(8)(b) and (c) by s. 3, ch. 2009-54, Laws of 3653 Florida. 3654 Section 108. Paragraph (f) of subsection (5) of section 3655 489.119, Florida Statutes, is amended to read: 3656 489.119 Business organizations; qualifying agents.— 3657 (5) 3658 (f) In addition to any other penalty prescribed by law, a 3659 local government may impose a civil fine pursuant to s. 3660 489.127(5) against a person who is not certified or registered 3661 under this part if the person: 3662 1. Claims to be licensed in any offer of services, business 3663 proposal, bid, contract, or advertisement, butwhodoes not 3664 possess a valid competency-based license issued by a local 3665 government in this state to perform the specified construction 3666 services; or 3667 2. Claims to be insured in any offer of services, business 3668 proposal, bid, contract, or advertisement, but whose performance 3669 of the subject work is not covered by a general liability or 3670 workers’ compensation insurance policy. 3671 Reviser’s note.—Amended to confirm an editorial 3672 deletion made to improve clarity. 3673 Section 109. Effective October 1, 2010, subsection (3) of 3674 section 494.00321, Florida Statutes, as created by section 27 of 3675 chapter 2009-241, Laws of Florida, is amended to read: 3676 494.00321 Mortgage broker license.— 3677 (3) An application is considered received for the purposes 3678 of s. 120.60 upon the office’s receipt of all documentation from 3679 the registry, including the completed application form, criminal 3680 history information, and independent credit report, as well as 3681 the license application fee, the fee required by s. 494.00172 3682492.00172, and all applicable fingerprinting processing fees. 3683 Reviser’s note.—Amended to confirm an editorial 3684 substitution; s. 494.00172 includes material relating 3685 to fees, and s. 492.00172 does not exist. 3686 Section 110. Effective October 1, 2010, paragraph (f) of 3687 subsection (2) of section 494.00611, Florida Statutes, as 3688 created by section 43 of chapter 2009-241, Laws of Florida, is 3689 amended to read: 3690 494.00611 Mortgage lender license.— 3691 (2) In order to apply for a mortgage lender license, an 3692 applicant must: 3693 (f) Submit a copy of the applicant’s financial audit report 3694 for the most recent fiscal yearwhich, pursuant to United States 3695 generally accepted accounting principles. If the applicant is a 3696 wholly owned subsidiary of another corporation, the financial 3697 audit report for the parent corporation satisfies this 3698 requirement. The commission may establish by rule the form and 3699 procedures for filing the financial audit report, including the 3700 requirement to file the report with the registry when technology 3701 is available. The financial audit report must document that the 3702 applicant has a bona fide and verifiable net worth, of at least 3703 $63,000 if the applicant is not seeking a servicing endorsement, 3704 or at least $250,000 if the applicant is seeking a servicing 3705 endorsement, which must be continuously maintained as a 3706 condition of licensure. However, if the applicant held an active 3707 license issued before October 1, 2010, pursuant to former s. 3708 494.0065, and the applicant is seeking a servicing endorsement, 3709 the minimum net worth requirement: 3710 1. Until September 30, 2011, is $63,000. 3711 2. Between October 1, 2011, and September 30, 2012, is 3712 $125,000. 3713 3. On or after October 1, 2012, is $250,000. 3714 Reviser’s note.—Amended to confirm an editorial 3715 deletion made to improve clarity and facilitate 3716 correct interpretation. 3717 Section 111. Effective October 1, 2010, subsection (2) of 3718 section 494.0066, Florida Statutes, as amended by section 49 of 3719 chapter 2009-241, Laws of Florida, is amended to read: 3720 494.0066 Branch offices.— 3721 (2) The office shall issue a branch office license to a 3722 mortgage lender after the office determines that the mortgage 3723 lender has submitted a completed branch office application form 3724 as prescribed by rule by the commission and an initial 3725 nonrefundable branch office license fee of $225 per branch 3726 office. Application fees may not be prorated for partial years 3727 of licensure. The branch office application must include the 3728 name and license number of the mortgage lender under this part, 3729 the name of the branch manager in charge of the branch office, 3730 and the address of the branch office. The branch office license 3731 shall be issued in the name of the mortgage lender and must be 3732 renewed in conjunction with the license renewal. An application 3733 is considered received for purposes of s. 120.60 upon receipt of 3734 a completed branch office renewal form, as prescribed by 3735 commission rule, and the required fees. 3736 Reviser’s note.—Amended to confirm an editorial 3737 insertion made to provide clarity. 3738 Section 112. Paragraph (a) of subsection (5) of section 3739 501.1377, Florida Statutes, is amended to read: 3740 501.1377 Violations involving homeowners during the course 3741 of residential foreclosure proceedings.— 3742 (5) FORECLOSURE-RESCUE TRANSACTIONS; WRITTEN AGREEMENT.— 3743 (a)1. A foreclosure-rescue transaction must include a 3744 written agreement prepared in at least 12-point uppercase type 3745 that is completed, signed, and dated by the homeowner and the 3746 equity purchaser before executing any instrument from the 3747 homeowner to the equity purchaser quitclaiming, assigning, 3748 transferring, conveying, or encumbering an interest in the 3749 residential real property in foreclosure. The equity purchaser 3750 must give the homeowner a copy of the completed agreement within 3751 3 hours after the homeowner signs the agreement. The agreement 3752 must contain the entire understanding of the parties and must 3753 include: 3754 a. The name, business address, and telephone number of the 3755 equity purchaser. 3756 b. The street address and full legal description of the 3757 property. 3758 c. Clear and conspicuous disclosure of any financial or 3759 legal obligations of the homeowner that will be assumed by the 3760 equity purchaser. 3761 d. The total consideration to be paid by the equity 3762 purchaser in connection with or incident to the acquisition of 3763 the property by the equity purchaser. 3764 e. The terms of payment or other consideration, including, 3765 but not limited to, any services that the equity purchaser 3766 represents will be performed for the homeowner before or after 3767 the sale. 3768 f. The date and time when possession of the property is to 3769 be transferred to the equity purchaser. 3770 2. A foreclosure-rescue transaction agreement must contain, 3771 above the signature line, a statement in at least 12-point 3772 uppercase type that substantially complies with the following: 3773 3774 I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY 3775 HOME TO THE OTHER UNDERSIGNED PARTY. 3776 3. A foreclosure-rescue transaction agreement must state 3777 the specifications of any option or right to repurchase the 3778 residential real property in foreclosure, including the specific 3779 amounts of any escrow payments or deposit, down payment, 3780 purchase price, closing costs, commissions, or other fees or 3781 costs. 3782 4. A foreclosure-rescue transaction agreement must comply 3783 with all applicable provisions of 15 U.S.C. ss. 16011600et 3784 seq. and related regulations. 3785 Reviser’s note.—Amended to conform to the fact that 15 3786 U.S.C. s. 1600 does not exist; the Truth in Lending 3787 Act is cited as 15 U.S.C. ss. 1601 et seq. 3788 Section 113. Subsection (5) of section 517.191, Florida 3789 Statutes, is amended to read: 3790 517.191 Injunction to restrain violations; civil penalties; 3791 enforcement by Attorney General.— 3792 (5) In addition to all other means provided by law for 3793 enforcing any of the provisions of this chapter, when the 3794 Attorney General, upon complaint or otherwise, has reason to 3795 believe that a person has engaged or is engaged in any act or 3796 practice constituting a violation of s. 517.275, s. 517.301, s. 3797 517.311, or s. 517.312, or any rule or order issued under such 3798 sections, the Attorney General may investigate and bring an 3799 action to enforce these provisions as provided in ss. 517.171, 3800 517.201, and 517.2015 after receiving written approval from the 3801 office. Such an action may be brought against such person and 3802 any other person in any way participating in such act or 3803 practice or engaging in such act or practice or doing any act in 3804 furtherance of such act or practice, to obtain injunctive 3805 relief, restitution, civil penalties, and any remedies provided 3806 for in this section. The Attorney General may recover any costs 3807 and attorney fees related to the Attorney General’s 3808 investigation or enforcement of this section. Notwithstanding 3809 any other provision of law, moneys recovered by the Attorney 3810 General for costs, attorney fees, and civil penalties for a 3811 violation of s. 517.275, s. 517.301, s. 517.311, or s. 517.312, 3812 or any rule or order issued pursuant to such sections, shall be 3813 deposited in the Legal Affairs Revolving Trust Fund. The Legal 3814 Affairs Revolving Trust Fund may be used to investigate and 3815 enforce this section. 3816 Reviser’s note.—Amended to confirm an editorial 3817 insertion made to provide clarity. 3818 Section 114. Subsection (5) of section 526.144, Florida 3819 Statutes, is repealed. 3820 Reviser’s note.—Repeals material requiring submittal 3821 of a report relating to the Florida Disaster Motor 3822 Fuel Supplier Program by March 1, 2007. 3823 Section 115. Paragraph (d) of subsection (1) of section 3824 556.105, Florida Statutes, is amended to read: 3825 556.105 Procedures.— 3826 (1) 3827 (d)1.The system shall study the feasibility of the 3828 establishment or recognition of zones for the purpose of 3829 allowing excavation within such zones to be undertaken without 3830 notice to the system as now required by this chapter when such 3831 zones are: 3832 1.a.In areas within which no underground facilities are 3833 located. 3834 2.b.Where permanent markings, permit and mapping systems, 3835 and structural protection for underwater crossings are required 3836 or in place. 3837 3.c.For previously marked utilities on construction of 3838 one- or two-family dwellings where the contractor remains in 3839 custody and control of the building site for the duration of the 3840 building permit. 38412.The system shall report the results of the study to the3842Legislature on or before February 1, 2007, along with3843recommendations for further legislative action.3844 Reviser’s note.—Amended to delete material that has 3845 served its purpose. 3846 Section 116. Section 569.19, Florida Statutes, is amended 3847 to read: 3848 569.19 Annual report.—The division shall report annually 3849 with written findings to the Legislature and the Governor by 3850 December 31,starting with the year 1997,on the progress of 3851 implementing the enforcement provisions of this chapter. This 3852 must include, but is not limited to: 3853 (1) The number and results of compliance visits. 3854 (2) The number of violations for failure of a retailer to 3855 hold a valid license. 3856 (3) The number of violations for selling tobacco products 3857 to persons under age 18, and the results of administrative 3858 hearings on the above and related issues. 3859 (4) The number of persons under age 18 cited for violations 3860 of s. 569.11 and sanctions imposed as a result of citation. 3861 Reviser’s note.—Amended to delete obsolete material. 3862 Section 117. Section 576.092, Florida Statutes, is 3863 repealed. 3864 Reviser’s note.—Repeals a provision requiring 3865 submittal of a report by January 15, 2008, and 3866 providing for abolishment of the Consumer Fertilizer 3867 Task Force upon transmittal of the report. 3868 Section 118. Subsection (6) of section 589.011, Florida 3869 Statutes, is amended to read: 3870 589.011 Use of state forest lands; fees; rules.— 3871 (6) The Division of Forestry may enter into contracts or 3872 agreements, with or without competitive bidding or procurement, 3873 to make available, on a fair, reasonable, and nondiscriminatory 3874 basis, property and other structures under division control for 3875 the placement of new facilities by any wireless provider of 3876 mobile service as defined in 47 U.S.C. s. 153(27)153(n)or 47 3877 U.S.C. s. 332(d) or any telecommunications company as defined in 3878 s. 364.02 when it is determined to be practical and feasible to 3879 make such property or other structures available. The division 3880 may, without adopting a rule, charge a just, reasonable, and 3881 nondiscriminatory fee for the placement of the facilities, 3882 payable annually, based on the fair market value of space used 3883 by comparable communications facilities in the state. The 3884 division and a wireless provider or telecommunications company 3885 may negotiate the reduction or elimination of a fee in 3886 consideration of services provided to the division by the 3887 wireless provider or telecommunications company. All such fees 3888 collected by the division shall be deposited in the Incidental 3889 Trust Fund. 3890 Reviser’s note.—Amended to confirm an editorial 3891 substitution; 47 U.S.C. s. 153(27) defines the term 3892 “mobile service,” and 47 U.S.C. s. 153(n) does not 3893 exist. 3894 Section 119. Subsection (6) of section 624.91, Florida 3895 Statutes, as amended by section 13 of chapter 2009-113, Laws of 3896 Florida, is reenacted to read: 3897 624.91 The Florida Healthy Kids Corporation Act.— 3898 (6) BOARD OF DIRECTORS.— 3899 (a) The Florida Healthy Kids Corporation shall operate 3900 subject to the supervision and approval of a board of directors 3901 chaired by the Chief Financial Officer or her or his designee, 3902 and composed of 11 other members selected for 3-year terms of 3903 office as follows: 3904 1. The Secretary of Health Care Administration, or his or 3905 her designee. 3906 2. One member appointed by the Commissioner of Education 3907 from the Office of School Health Programs of the Florida 3908 Department of Education. 3909 3. One member appointed by the Chief Financial Officer from 3910 among three members nominated by the Florida Pediatric Society. 3911 4. One member, appointed by the Governor, who represents 3912 the Children’s Medical Services Program. 3913 5. One member appointed by the Chief Financial Officer from 3914 among three members nominated by the Florida Hospital 3915 Association. 3916 6. One member, appointed by the Governor, who is an expert 3917 on child health policy. 3918 7. One member, appointed by the Chief Financial Officer, 3919 from among three members nominated by the Florida Academy of 3920 Family Physicians. 3921 8. One member, appointed by the Governor, who represents 3922 the state Medicaid program. 3923 9. One member, appointed by the Chief Financial Officer, 3924 from among three members nominated by the Florida Association of 3925 Counties. 3926 10. The State Health Officer or her or his designee. 3927 11. The Secretary of Children and Family Services, or his 3928 or her designee. 3929 (b) A member of the board of directors may be removed by 3930 the official who appointed that member. The board shall appoint 3931 an executive director, who is responsible for other staff 3932 authorized by the board. 3933 (c) Board members are entitled to receive, from funds of 3934 the corporation, reimbursement for per diem and travel expenses 3935 as provided by s. 112.061. 3936 (d) There shall be no liability on the part of, and no 3937 cause of action shall arise against, any member of the board of 3938 directors, or its employees or agents, for any action they take 3939 in the performance of their powers and duties under this act. 3940 Reviser’s note.—Section 13, ch. 2009-113, Laws of 3941 Florida, amended subsection (6) without publishing 3942 paragraphs (b)-(d) of that subsection. Absent 3943 affirmative evidence of legislative intent to repeal 3944 paragraphs (b)-(d), subsection (6) is reenacted to 3945 confirm that the omission was not intended. 3946 Section 120. Subsection (2) of section 627.062, Florida 3947 Statutes, is amended to read: 3948 627.062 Rate standards.— 3949 (2) As to all such classes of insurance: 3950 (a) Insurers or rating organizations shall establish and 3951 use rates, rating schedules, or rating manuals to allow the 3952 insurer a reasonable rate of return on such classes of insurance 3953 written in this state. A copy of rates, rating schedules, rating 3954 manuals, premium credits or discount schedules, and surcharge 3955 schedules, and changes thereto, shall be filed with the office 3956 under one of the following procedures except as provided in 3957 subparagraph 3.: 3958 1. If the filing is made at least 90 days before the 3959 proposed effective date and the filing is not implemented during 3960 the office’s review of the filing and any proceeding and 3961 judicial review, then such filing shall be considered a “file 3962 and use” filing. In such case, the office shall finalize its 3963 review by issuance of a notice of intent to approve or a notice 3964 of intent to disapprove within 90 days after receipt of the 3965 filing. The notice of intent to approve and the notice of intent 3966 to disapprove constitute agency action for purposes of the 3967 Administrative Procedure Act. Requests for supporting 3968 information, requests for mathematical or mechanical 3969 corrections, or notification to the insurer by the office of its 3970 preliminary findings shall not toll the 90-day period during any 3971 such proceedings and subsequent judicial review. The rate shall 3972 be deemed approved if the office does not issue a notice of 3973 intent to approve or a notice of intent to disapprove within 90 3974 days after receipt of the filing. 3975 2. If the filing is not made in accordance with the 3976 provisions of subparagraph 1., such filing shall be made as soon 3977 as practicable, but no later than 30 days after the effective 3978 date, and shall be considered a “use and file” filing. An 3979 insurer making a “use and file” filing is potentially subject to 3980 an order by the office to return to policyholders portions of 3981 rates found to be excessive, as provided in paragraph (h). 3982 3. For all property insurance filings made or submitted 3983 after January 25, 2007, but before December 31, 2010, an insurer 3984 seeking a rate that is greater than the rate most recently 3985 approved by the office shall make a “file and use” filing. For 3986 purposes of this subparagraph, motor vehicle collision and 3987 comprehensive coverages are not considered to be property 3988 coverages. 3989 (b) Upon receiving a rate filing, the office shall review 3990 the rate filing to determine if a rate is excessive, inadequate, 3991 or unfairly discriminatory. In making that determination, the 3992 office shall, in accordance with generally accepted and 3993 reasonable actuarial techniques, consider the following factors: 3994 1. Past and prospective loss experience within and without 3995 this state. 3996 2. Past and prospective expenses. 3997 3. The degree of competition among insurers for the risk 3998 insured. 3999 4. Investment income reasonably expected by the insurer, 4000 consistent with the insurer’s investment practices, from 4001 investable premiums anticipated in the filing, plus any other 4002 expected income from currently invested assets representing the 4003 amount expected on unearned premium reserves and loss reserves. 4004 The commission may adopt rules using reasonable techniques of 4005 actuarial science and economics to specify the manner in which 4006 insurers shall calculate investment income attributable to such 4007 classes of insurance written in this state and the manner in 4008 which such investment income shall be used to calculate 4009 insurance rates. Such manner shall contemplate allowances for an 4010 underwriting profit factor and full consideration of investment 4011 income which produce a reasonable rate of return; however, 4012 investment income from invested surplus may not be considered. 4013 5. The reasonableness of the judgment reflected in the 4014 filing. 4015 6. Dividends, savings, or unabsorbed premium deposits 4016 allowed or returned to Florida policyholders, members, or 4017 subscribers. 4018 7. The adequacy of loss reserves. 4019 8. The cost of reinsurance. The office shall not disapprove 4020 a rate as excessive solely due to the insurer having obtained 4021 catastrophic reinsurance to cover the insurer’s estimated 250 4022 year probable maximum loss or any lower level of loss. 4023 9. Trend factors, including trends in actual losses per 4024 insured unit for the insurer making the filing. 4025 10. Conflagration and catastrophe hazards, if applicable. 4026 11. Projected hurricane losses, if applicable, which must 4027 be estimated using a model or method found to be acceptable or 4028 reliable by the Florida Commission on Hurricane Loss Projection 4029 Methodology, and as further provided in s. 627.0628. 4030 12. A reasonable margin for underwriting profit and 4031 contingencies. 4032 13. The cost of medical services, if applicable. 4033 14. Other relevant factors which impact upon the frequency 4034 or severity of claims or upon expenses. 4035 (c) In the case of fire insurance rates, consideration 4036 shall be given to the availability of water supplies and the 4037 experience of the fire insurance business during a period of not 4038 less than the most recent 5-year period for which such 4039 experience is available. 4040 (d) If conflagration or catastrophe hazards are given 4041 consideration by an insurer in its rates or rating plan, 4042 including surcharges and discounts, the insurer shall establish 4043 a reserve for that portion of the premium allocated to such 4044 hazard and shall maintain the premium in a catastrophe reserve. 4045 Any removal of such premiums from the reserve for purposes other 4046 than paying claims associated with a catastrophe or purchasing 4047 reinsurance for catastrophes shall be subject to approval of the 4048 office. Any ceding commission received by an insurer purchasing 4049 reinsurance for catastrophes shall be placed in the catastrophe 4050 reserve. 4051 (e) After consideration of the rate factors provided in 4052 paragraphs (b), (c), and (d), a rate may be found by the office 4053 to be excessive, inadequate, or unfairly discriminatory based 4054 upon the following standards: 4055 1. Rates shall be deemed excessive if they are likely to 4056 produce a profit from Florida business that is unreasonably high 4057 in relation to the risk involved in the class of business or if 4058 expenses are unreasonably high in relation to services rendered. 4059 2. Rates shall be deemed excessive if, among other things, 4060 the rate structure established by a stock insurance company 4061 provides for replenishment of surpluses from premiums, when the 4062 replenishment is attributable to investment losses. 4063 3. Rates shall be deemed inadequate if they are clearly 4064 insufficient, together with the investment income attributable 4065 to them, to sustain projected losses and expenses in the class 4066 of business to which they apply. 4067 4. A rating plan, including discounts, credits, or 4068 surcharges, shall be deemed unfairly discriminatory if it fails 4069 to clearly and equitably reflect consideration of the 4070 policyholder’s participation in a risk management program 4071 adopted pursuant to s. 627.0625. 4072 5. A rate shall be deemed inadequate as to the premium 4073 charged to a risk or group of risks if discounts or credits are 4074 allowed which exceed a reasonable reflection of expense savings 4075 and reasonably expected loss experience from the risk or group 4076 of risks. 4077 6. A rate shall be deemed unfairly discriminatory as to a 4078 risk or group of risks if the application of premium discounts, 4079 credits, or surcharges among such risks does not bear a 4080 reasonable relationship to the expected loss and expense 4081 experience among the various risks. 4082 (f) In reviewing a rate filing, the office may require the 4083 insurer to provide at the insurer’s expense all information 4084 necessary to evaluate the condition of the company and the 4085 reasonableness of the filing according to the criteria 4086 enumerated in this section. 4087 (g) The office may at any time review a rate, rating 4088 schedule, rating manual, or rate change; the pertinent records 4089 of the insurer; and market conditions. If the office finds on a 4090 preliminary basis that a rate may be excessive, inadequate, or 4091 unfairly discriminatory, the office shall initiate proceedings 4092 to disapprove the rate and shall so notify the insurer. However, 4093 the office may not disapprove as excessive any rate for which it 4094 has given final approval or which has been deemed approved for a 4095 period of 1 year after the effective date of the filing unless 4096 the office finds that a material misrepresentation or material 4097 error was made by the insurer or was contained in the filing. 4098 Upon being so notified, the insurer or rating organization 4099 shall, within 60 days, file with the office all information 4100 which, in the belief of the insurer or organization, proves the 4101 reasonableness, adequacy, and fairness of the rate or rate 4102 change. The office shall issue a notice of intent to approve or 4103 a notice of intent to disapprove pursuant to the procedures of 4104 paragraph (a) within 90 days after receipt of the insurer’s 4105 initial response. In such instances and in any administrative 4106 proceeding relating to the legality of the rate, the insurer or 4107 rating organization shall carry the burden of proof by a 4108 preponderance of the evidence to show that the rate is not 4109 excessive, inadequate, or unfairly discriminatory. After the 4110 office notifies an insurer that a rate may be excessive, 4111 inadequate, or unfairly discriminatory, unless the office 4112 withdraws the notification, the insurer shall not alter the rate 4113 except to conform with the office’s notice until the earlier of 4114 120 days after the date the notification was provided or 180 4115 days after the date of the implementation of the rate. The 4116 office may, subject to chapter 120, disapprove without the 60 4117 day notification any rate increase filed by an insurer within 4118 the prohibited time period or during the time that the legality 4119 of the increased rate is being contested. 4120 (h) In the event the office finds that a rate or rate 4121 change is excessive, inadequate, or unfairly discriminatory, the 4122 office shall issue an order of disapproval specifying that a new 4123 rate or rate schedule which responds to the findings of the 4124 office be filed by the insurer. The office shall further order, 4125 for any “use and file” filing made in accordance with 4126 subparagraph (a)2., that premiums charged each policyholder 4127 constituting the portion of the rate above that which was 4128 actuarially justified be returned to such policyholder in the 4129 form of a credit or refund. If the office finds that an 4130 insurer’s rate or rate change is inadequate, the new rate or 4131 rate schedule filed with the office in response to such a 4132 finding shall be applicable only to new or renewal business of 4133 the insurer written on or after the effective date of the 4134 responsive filing. 4135 (i) Except as otherwise specifically provided in this 4136 chapter, the office shall not prohibit any insurer, including 4137 any residual market plan or joint underwriting association, from 4138 paying acquisition costs based on the full amount of premium, as 4139 defined in s. 627.403, applicable to any policy, or prohibit any 4140 such insurer from including the full amount of acquisition costs 4141 in a rate filing. 4142 (j) With respect to residential property insurance rate 4143 filings, the rate filing must account for mitigation measures 4144 undertaken by policyholders to reduce hurricane losses. 4145 (k)1. An insurer may make a separate filing limited solely 4146 to an adjustment of its rates for reinsurance or financing costs 4147 incurred in the purchase of reinsurance or financing products to 4148 replace or finance the payment of the amount covered by the 4149 Temporary Increase in Coverage Limits (TICL) portion of the 4150 Florida Hurricane Catastrophe Fund including replacement 4151 reinsurance for the TICL reductions made pursuant to s. 4152 215.555(17)(e); the actual cost paid due to the application of 4153 the TICL premium factor pursuant to s. 215.555(17)(f); and the 4154 actual cost paid due to the application of the cash build-up 4155 factor pursuant to s. 215.555(5)(b) if the insurer: 4156 a. Elects to purchase financing products such as a 4157 liquidity instrument or line of credit, in which case the cost 4158 included in the filing for the liquidity instrument or line of 4159 credit may not result in a premium increase exceeding 3 percent 4160 for any individual policyholder. All costs contained in the 4161 filing may not result in an overall premium increase of more 4162 than 10 percent for any individual policyholder. 4163 b. Includes in the filing a copy of all of its reinsurance, 4164 liquidity instrument, or line of credit contracts; proof of the 4165 billing or payment for the contracts; and the calculation upon 4166 which the proposed rate change is based demonstrates that the 4167 costs meet the criteria of this section and are not loaded for 4168 expenses or profit for the insurer making the filing. 4169 c. Includes no other changes to its rates in the filing. 4170 d. Has not implemented a rate increase within the 6 months 4171 immediately preceding the filing. 4172 e. Does not file for a rate increase under any other 4173 paragraph within 6 months after making a filing under this 4174 paragraph. 4175 f. That purchases reinsurance or financing products from an 4176 affiliated company in compliance with this paragraph does so 4177 only if the costs for such reinsurance or financing products are 4178 charged at or below charges made for comparable coverage by 4179 nonaffiliated reinsurers or financial entities making such 4180 coverage or financing products available in this state. 4181 2. An insurer may only make one filing in any 12-month 4182 period under this paragraph. 4183 3. An insurer that elects to implement a rate change under 4184 this paragraph must file its rate filing with the office at 4185 least 45 days before the effective date of the rate change. 4186 After an insurer submits a complete filing that meets all of the 4187 requirements of this paragraph, the office has 45 days after the 4188 date of the filing to review the rate filing and determine if 4189 the rate is excessive, inadequate, or unfairly discriminatory. 4190 4191 The provisions of this subsection shall not apply to workers’ 4192 compensation and employer’s liability insurance and to motor 4193 vehicle insurance. 4194 Reviser’s note.—Amended to confirm an editorial 4195 insertion made to improve clarity. 4196 Section 121. Paragraph (cc) of subsection (6) of section 4197 627.351, Florida Statutes, is repealed, and paragraph (b) of 4198 subsection (2) and paragraphs (b), (c), and (o) of subsection 4199 (6) of that section are amended to read: 4200 627.351 Insurance risk apportionment plans.— 4201 (2) WINDSTORM INSURANCE RISK APPORTIONMENT.— 4202 (b) The department shall require all insurers holding a 4203 certificate of authority to transact property insurance on a 4204 direct basis in this state, other than joint underwriting 4205 associations and other entities formed pursuant to this section, 4206 to provide windstorm coverage to applicants from areas 4207 determined to be eligible pursuant to paragraph (c) who in good 4208 faith are entitled to, but are unable to procure, such coverage 4209 through ordinary means; or it shall adopt a reasonable plan or 4210 plans for the equitable apportionment or sharing among such 4211 insurers of windstorm coverage, which may include formation of 4212 an association for this purpose. As used in this subsection, the 4213 term “property insurance” means insurance on real or personal 4214 property, as defined in s. 624.604, including insurance for 4215 fire, industrial fire, allied lines, farmowners multiperil, 4216 homeowners’ multiperil, commercial multiperil, and mobile homes, 4217 and including liability coverages on all such insurance, but 4218 excluding inland marine as defined in s. 624.607(3) and 4219 excluding vehicle insurance as defined in s. 624.605(1)(a) other 4220 than insurance on mobile homes used as permanent dwellings. The 4221 department shall adopt rules that provide a formula for the 4222 recovery and repayment of any deferred assessments. 4223 1. For the purpose of this section, properties eligible for 4224 such windstorm coverage are defined as dwellings, buildings, and 4225 other structures, including mobile homes which are used as 4226 dwellings and which are tied down in compliance with mobile home 4227 tie-down requirements prescribed by the Department of Highway 4228 Safety and Motor Vehicles pursuant to s. 320.8325, and the 4229 contents of all such properties. An applicant or policyholder is 4230 eligible for coverage only if an offer of coverage cannot be 4231 obtained by or for the applicant or policyholder from an 4232 admitted insurer at approved rates. 4233 2.a.(I) All insurers required to be members of such 4234 association shall participate in its writings, expenses, and 4235 losses. Surplus of the association shall be retained for the 4236 payment of claims and shall not be distributed to the member 4237 insurers. Such participation by member insurers shall be in the 4238 proportion that the net direct premiums of each member insurer 4239 written for property insurance in this state during the 4240 preceding calendar year bear to the aggregate net direct 4241 premiums for property insurance of all member insurers, as 4242 reduced by any credits for voluntary writings, in this state 4243 during the preceding calendar year. For the purposes of this 4244 subsection, the term “net direct premiums” means direct written 4245 premiums for property insurance, reduced by premium for 4246 liability coverage and for the following if included in allied 4247 lines: rain and hail on growing crops; livestock; association 4248 direct premiums booked; National Flood Insurance Program direct 4249 premiums; and similar deductions specifically authorized by the 4250 plan of operation and approved by the department. A member’s 4251 participation shall begin on the first day of the calendar year 4252 following the year in which it is issued a certificate of 4253 authority to transact property insurance in the state and shall 4254 terminate 1 year after the end of the calendar year during which 4255 it no longer holds a certificate of authority to transact 4256 property insurance in the state. The commissioner, after review 4257 of annual statements, other reports, and any other statistics 4258 that the commissioner deems necessary, shall certify to the 4259 association the aggregate direct premiums written for property 4260 insurance in this state by all member insurers. 4261 (II) Effective July 1, 2002, the association shall operate 4262 subject to the supervision and approval of a board of governors 4263 who are the same individuals that have been appointed by the 4264 Treasurer to serve on the board of governors of the Citizens 4265 Property Insurance Corporation. 4266 (III) The plan of operation shall provide a formula whereby 4267 a company voluntarily providing windstorm coverage in affected 4268 areas will be relieved wholly or partially from apportionment of 4269 a regular assessment pursuant to sub-sub-subparagraph d.(I) or 4270 sub-sub-subparagraph d.(II). 4271 (IV) A company which is a member of a group of companies 4272 under common management may elect to have its credits applied on 4273 a group basis, and any company or group may elect to have its 4274 credits applied to any other company or group. 4275 (V) There shall be no credits or relief from apportionment 4276 to a company for emergency assessments collected from its 4277 policyholders under sub-sub-subparagraph d.(III). 4278 (VI) The plan of operation may also provide for the award 4279 of credits, for a period not to exceed 3 years, from a regular 4280 assessment pursuant to sub-sub-subparagraph d.(I) or sub-sub 4281 subparagraph d.(II) as an incentive for taking policies out of 4282 the Residential Property and Casualty Joint Underwriting 4283 Association. In order to qualify for the exemption under this 4284 sub-sub-subparagraph, the take-out plan must provide that at 4285 least 40 percent of the policies removed from the Residential 4286 Property and Casualty Joint Underwriting Association cover risks 4287 located in Miami-Dade, Broward, and Palm Beach Counties or at 4288 least 30 percent of the policies so removed cover risks located 4289 in Miami-Dade, Broward, and Palm Beach Counties and an 4290 additional 50 percent of the policies so removed cover risks 4291 located in other coastal counties, and must also provide that no 4292 more than 15 percent of the policies so removed may exclude 4293 windstorm coverage. With the approval of the department, the 4294 association may waive these geographic criteria for a take-out 4295 plan that removes at least the lesser of 100,000 Residential 4296 Property and Casualty Joint Underwriting Association policies or 4297 15 percent of the total number of Residential Property and 4298 Casualty Joint Underwriting Association policies, provided the 4299 governing board of the Residential Property and Casualty Joint 4300 Underwriting Association certifies that the take-out plan will 4301 materially reduce the Residential Property and Casualty Joint 4302 Underwriting Association’s 100-year probable maximum loss from 4303 hurricanes. With the approval of the department, the board may 4304 extend such credits for an additional year if the insurer 4305 guarantees an additional year of renewability for all policies 4306 removed from the Residential Property and Casualty Joint 4307 Underwriting Association, or for 2 additional years if the 4308 insurer guarantees 2 additional years of renewability for all 4309 policies removed from the Residential Property and Casualty 4310 Joint Underwriting Association. 4311 b. Assessments to pay deficits in the association under 4312 this subparagraph shall be included as an appropriate factor in 4313 the making of rates as provided in s. 627.3512. 4314 c. The Legislature finds that the potential for unlimited 4315 deficit assessments under this subparagraph may induce insurers 4316 to attempt to reduce their writings in the voluntary market, and 4317 that such actions would worsen the availability problems that 4318 the association was created to remedy. It is the intent of the 4319 Legislature that insurers remain fully responsible for paying 4320 regular assessments and collecting emergency assessments for any 4321 deficits of the association; however, it is also the intent of 4322 the Legislature to provide a means by which assessment 4323 liabilities may be amortized over a period of years. 4324 d.(I) When the deficit incurred in a particular calendar 4325 year is 10 percent or less of the aggregate statewide direct 4326 written premium for property insurance for the prior calendar 4327 year for all member insurers, the association shall levy an 4328 assessment on member insurers in an amount equal to the deficit. 4329 (II) When the deficit incurred in a particular calendar 4330 year exceeds 10 percent of the aggregate statewide direct 4331 written premium for property insurance for the prior calendar 4332 year for all member insurers, the association shall levy an 4333 assessment on member insurers in an amount equal to the greater 4334 of 10 percent of the deficit or 10 percent of the aggregate 4335 statewide direct written premium for property insurance for the 4336 prior calendar year for member insurers. Any remaining deficit 4337 shall be recovered through emergency assessments under sub-sub 4338 subparagraph (III). 4339 (III) Upon a determination by the board of directors that a 4340 deficit exceeds the amount that will be recovered through 4341 regular assessments on member insurers, pursuant to sub-sub 4342 subparagraph (I) or sub-sub-subparagraph (II), the board shall 4343 levy, after verification by the department, emergency 4344 assessments to be collected by member insurers and by 4345 underwriting associations created pursuant to this section which 4346 write property insurance, upon issuance or renewal of property 4347 insurance policies other than National Flood Insurance policies 4348 in the year or years following levy of the regular assessments. 4349 The amount of the emergency assessment collected in a particular 4350 year shall be a uniform percentage of that year’s direct written 4351 premium for property insurance for all member insurers and 4352 underwriting associations, excluding National Flood Insurance 4353 policy premiums, as annually determined by the board and 4354 verified by the department. The department shall verify the 4355 arithmetic calculations involved in the board’s determination 4356 within 30 days after receipt of the information on which the 4357 determination was based. Notwithstanding any other provision of 4358 law, each member insurer and each underwriting association 4359 created pursuant to this section shall collect emergency 4360 assessments from its policyholders without such obligation being 4361 affected by any credit, limitation, exemption, or deferment. The 4362 emergency assessments so collected shall be transferred directly 4363 to the association on a periodic basis as determined by the 4364 association. The aggregate amount of emergency assessments 4365 levied under this sub-sub-subparagraph in any calendar year may 4366 not exceed the greater of 10 percent of the amount needed to 4367 cover the original deficit, plus interest, fees, commissions, 4368 required reserves, and other costs associated with financing of 4369 the original deficit, or 10 percent of the aggregate statewide 4370 direct written premium for property insurance written by member 4371 insurers and underwriting associations for the prior year, plus 4372 interest, fees, commissions, required reserves, and other costs 4373 associated with financing the original deficit. The board may 4374 pledge the proceeds of the emergency assessments under this sub 4375 sub-subparagraph as the source of revenue for bonds, to retire 4376 any other debt incurred as a result of the deficit or events 4377 giving rise to the deficit, or in any other way that the board 4378 determines will efficiently recover the deficit. The emergency 4379 assessments under this sub-sub-subparagraph shall continue as 4380 long as any bonds issued or other indebtedness incurred with 4381 respect to a deficit for which the assessment was imposed remain 4382 outstanding, unless adequate provision has been made for the 4383 payment of such bonds or other indebtedness pursuant to the 4384 document governing such bonds or other indebtedness. Emergency 4385 assessments collected under this sub-sub-subparagraph are not 4386 part of an insurer’s rates, are not premium, and are not subject 4387 to premium tax, fees, or commissions; however, failure to pay 4388 the emergency assessment shall be treated as failure to pay 4389 premium. 4390 (IV) Each member insurer’s share of the total regular 4391 assessments under sub-sub-subparagraph (I) or sub-sub 4392 subparagraph (II) shall be in the proportion that the insurer’s 4393 net direct premium for property insurance in this state, for the 4394 year preceding the assessment bears to the aggregate statewide 4395 net direct premium for property insurance of all member 4396 insurers, as reduced by any credits for voluntary writings for 4397 that year. 4398 (V) If regular deficit assessments are made under sub-sub 4399 subparagraph (I) or sub-sub-subparagraph (II), or by the 4400 Residential Property and Casualty Joint Underwriting Association 4401 under sub-subparagraph (6)(b)3.a. or sub-subparagraph 4402 (6)(b)3.b., the association shall levy upon the association’s 4403 policyholders, as part of its next rate filing, or by a separate 4404 rate filing solely for this purpose, a market equalization 4405 surcharge in a percentage equal to the total amount of such 4406 regular assessments divided by the aggregate statewide direct 4407 written premium for property insurance for member insurers for 4408 the prior calendar year. Market equalization surcharges under 4409 this sub-sub-subparagraph are not considered premium and are not 4410 subject to commissions, fees, or premium taxes; however, failure 4411 to pay a market equalization surcharge shall be treated as 4412 failure to pay premium. 4413 e. The governing body of any unit of local government, any 4414 residents of which are insured under the plan, may issue bonds 4415 as defined in s. 125.013 or s. 166.101 to fund an assistance 4416 program, in conjunction with the association, for the purpose of 4417 defraying deficits of the association. In order to avoid 4418 needless and indiscriminate proliferation, duplication, and 4419 fragmentation of such assistance programs, any unit of local 4420 government, any residents of which are insured by the 4421 association, may provide for the payment of losses, regardless 4422 of whether or not the losses occurred within or outside of the 4423 territorial jurisdiction of the local government. Revenue bonds 4424 may not be issued until validated pursuant to chapter 75, unless 4425 a state of emergency is declared by executive order or 4426 proclamation of the Governor pursuant to s. 252.36 making such 4427 findings as are necessary to determine that it is in the best 4428 interests of, and necessary for, the protection of the public 4429 health, safety, and general welfare of residents of this state 4430 and the protection and preservation of the economic stability of 4431 insurers operating in this state, and declaring it an essential 4432 public purpose to permit certain municipalities or counties to 4433 issue bonds as will provide relief to claimants and 4434 policyholders of the association and insurers responsible for 4435 apportionment of plan losses. Any such unit of local government 4436 may enter into such contracts with the association and with any 4437 other entity created pursuant to this subsection as are 4438 necessary to carry out this paragraph. Any bonds issued under 4439 this sub-subparagraph shall be payable from and secured by 4440 moneys received by the association from assessments under this 4441 subparagraph, and assigned and pledged to or on behalf of the 4442 unit of local government for the benefit of the holders of such 4443 bonds. The funds, credit, property, and taxing power of the 4444 state or of the unit of local government shall not be pledged 4445 for the payment of such bonds. If any of the bonds remain unsold 4446 60 days after issuance, the department shall require all 4447 insurers subject to assessment to purchase the bonds, which 4448 shall be treated as admitted assets; each insurer shall be 4449 required to purchase that percentage of the unsold portion of 4450 the bond issue that equals the insurer’s relative share of 4451 assessment liability under this subsection. An insurer shall not 4452 be required to purchase the bonds to the extent that the 4453 department determines that the purchase would endanger or impair 4454 the solvency of the insurer. The authority granted by this sub 4455 subparagraph is additional to any bonding authority granted by 4456 subparagraph 6. 4457 3. The plan shall also provide that any member with a 4458 surplus as to policyholders of $20 million or less writing 25 4459 percent or more of its total countrywide property insurance 4460 premiums in this state may petition the department, within the 4461 first 90 days of each calendar year, to qualify as a limited 4462 apportionment company. The apportionment of such a member 4463 company in any calendar year for which it is qualified shall not 4464 exceed its gross participation, which shall not be affected by 4465 the formula for voluntary writings. In no event shall a limited 4466 apportionment company be required to participate in any 4467 apportionment of losses pursuant to sub-sub-subparagraph 2.d.(I) 4468 or sub-sub-subparagraph 2.d.(II) in the aggregate which exceeds 4469 $50 million after payment of available plan funds in any 4470 calendar year. However, a limited apportionment company shall 4471 collect from its policyholders any emergency assessment imposed 4472 under sub-sub-subparagraph 2.d.(III). The plan shall provide 4473 that, if the department determines that any regular assessment 4474 will result in an impairment of the surplus of a limited 4475 apportionment company, the department may direct that all or 4476 part of such assessment be deferred. However, there shall be no 4477 limitation or deferment of an emergency assessment to be 4478 collected from policyholders under sub-sub-subparagraph 4479 2.d.(III). 4480 4. The plan shall provide for the deferment, in whole or in 4481 part, of a regular assessment of a member insurer under sub-sub 4482 subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II), but not 4483 for an emergency assessment collected from policyholders under 4484 sub-sub-subparagraph 2.d.(III), if, in the opinion of the 4485 commissioner, payment of such regular assessment would endanger 4486 or impair the solvency of the member insurer. In the event a 4487 regular assessment against a member insurer is deferred in whole 4488 or in part, the amount by which such assessment is deferred may 4489 be assessed against the other member insurers in a manner 4490 consistent with the basis for assessments set forth in sub-sub 4491 subparagraph 2.d.(I) or sub-sub-subparagraph 2.d.(II). 4492 5.a. The plan of operation may include deductibles and 4493 rules for classification of risks and rate modifications 4494 consistent with the objective of providing and maintaining funds 4495 sufficient to pay catastrophe losses. 4496 b. It is the intent of the Legislature that the rates for 4497 coverage provided by the association be actuarially sound and 4498 not competitive with approved rates charged in the admitted 4499 voluntary market such that the association functions as a 4500 residual market mechanism to provide insurance only when the 4501 insurance cannot be procured in the voluntary market. The plan 4502 of operation shall provide a mechanism to assure that, beginning 4503 no later than January 1, 1999, the rates charged by the 4504 association for each line of business are reflective of approved 4505 rates in the voluntary market for hurricane coverage for each 4506 line of business in the various areas eligible for association 4507 coverage. 4508 c. The association shall provide for windstorm coverage on 4509 residential properties in limits up to $10 million for 4510 commercial lines residential risks and up to $1 million for 4511 personal lines residential risks. If coverage with the 4512 association is sought for a residential risk valued in excess of 4513 these limits, coverage shall be available to the risk up to the 4514 replacement cost or actual cash value of the property, at the 4515 option of the insured, if coverage for the risk cannot be 4516 located in the authorized market. The association must accept a 4517 commercial lines residential risk with limits above $10 million 4518 or a personal lines residential risk with limits above $1 4519 million if coverage is not available in the authorized market. 4520 The association may write coverage above the limits specified in 4521 this subparagraph with or without facultative or other 4522 reinsurance coverage, as the association determines appropriate. 4523 d. The plan of operation must provide objective criteria 4524 and procedures, approved by the department, to be uniformly 4525 applied for all applicants in determining whether an individual 4526 risk is so hazardous as to be uninsurable. In making this 4527 determination and in establishing the criteria and procedures, 4528 the following shall be considered: 4529 (I) Whether the likelihood of a loss for the individual 4530 risk is substantially higher than for other risks of the same 4531 class; and 4532 (II) Whether the uncertainty associated with the individual 4533 risk is such that an appropriate premium cannot be determined. 4534 4535 The acceptance or rejection of a risk by the association 4536 pursuant to such criteria and procedures must be construed as 4537 the private placement of insurance, and the provisions of 4538 chapter 120 do not apply. 4539 e. If the risk accepts an offer of coverage through the 4540 market assistance program or through a mechanism established by 4541 the association, either before the policy is issued by the 4542 association or during the first 30 days of coverage by the 4543 association, and the producing agent who submitted the 4544 application to the association is not currently appointed by the 4545 insurer, the insurer shall: 4546 (I) Pay to the producing agent of record of the policy, for 4547 the first year, an amount that is the greater of the insurer’s 4548 usual and customary commission for the type of policy written or 4549 a fee equal to the usual and customary commission of the 4550 association; or 4551 (II) Offer to allow the producing agent of record of the 4552 policy to continue servicing the policy for a period of not less 4553 than 1 year and offer to pay the agent the greater of the 4554 insurer’s or the association’s usual and customary commission 4555 for the type of policy written. 4556 4557 If the producing agent is unwilling or unable to accept 4558 appointment, the new insurer shall pay the agent in accordance 4559 with sub-sub-subparagraph (I). Subject to the provisions of s. 4560 627.3517, the policies issued by the association must provide 4561 that if the association obtains an offer from an authorized 4562 insurer to cover the risk at its approved rates under either a 4563 standard policy including wind coverage or, if consistent with 4564 the insurer’s underwriting rules as filed with the department, a 4565 basic policy including wind coverage, the risk is no longer 4566 eligible for coverage through the association. Upon termination 4567 of eligibility, the association shall provide written notice to 4568 the policyholder and agent of record stating that the 4569 association policy must be canceled as of 60 days after the date 4570 of the notice because of the offer of coverage from an 4571 authorized insurer. Other provisions of the insurance code 4572 relating to cancellation and notice of cancellation do not apply 4573 to actions under this sub-subparagraph. 4574 f. When the association enters into a contractual agreement 4575 for a take-out plan, the producing agent of record of the 4576 association policy is entitled to retain any unearned commission 4577 on the policy, and the insurer shall: 4578 (I) Pay to the producing agent of record of the association 4579 policy, for the first year, an amount that is the greater of the 4580 insurer’s usual and customary commission for the type of policy 4581 written or a fee equal to the usual and customary commission of 4582 the association; or 4583 (II) Offer to allow the producing agent of record of the 4584 association policy to continue servicing the policy for a period 4585 of not less than 1 year and offer to pay the agent the greater 4586 of the insurer’s or the association’s usual and customary 4587 commission for the type of policy written. 4588 4589 If the producing agent is unwilling or unable to accept 4590 appointment, the new insurer shall pay the agent in accordance 4591 with sub-sub-subparagraph (I). 4592 6.a. The plan of operation may authorize the formation of a 4593 private nonprofit corporation, a private nonprofit 4594 unincorporated association, a partnership, a trust, a limited 4595 liability company, or a nonprofit mutual company which may be 4596 empowered, among other things, to borrow money by issuing bonds 4597 or by incurring other indebtedness and to accumulate reserves or 4598 funds to be used for the payment of insured catastrophe losses. 4599 The plan may authorize all actions necessary to facilitate the 4600 issuance of bonds, including the pledging of assessments or 4601 other revenues. 4602 b. Any entity created under this subsection, or any entity 4603 formed for the purposes of this subsection, may sue and be sued, 4604 may borrow money; issue bonds, notes, or debt instruments; 4605 pledge or sell assessments, market equalization surcharges and 4606 other surcharges, rights, premiums, contractual rights, 4607 projected recoveries from the Florida Hurricane Catastrophe 4608 Fund, other reinsurance recoverables, and other assets as 4609 security for such bonds, notes, or debt instruments; enter into 4610 any contracts or agreements necessary or proper to accomplish 4611 such borrowings; and take other actions necessary to carry out 4612 the purposes of this subsection. The association may issue bonds 4613 or incur other indebtedness, or have bonds issued on its behalf 4614 by a unit of local government pursuant to subparagraph (6)(q)2. 4615(6)(p)2., in the absence of a hurricane or other weather-related 4616 event, upon a determination by the association subject to 4617 approval by the department that such action would enable it to 4618 efficiently meet the financial obligations of the association 4619 and that such financings are reasonably necessary to effectuate 4620 the requirements of this subsection. Any such entity may 4621 accumulate reserves and retain surpluses as of the end of any 4622 association year to provide for the payment of losses incurred 4623 by the association during that year or any future year. The 4624 association shall incorporate and continue the plan of operation 4625 and articles of agreement in effect on the effective date of 4626 chapter 76-96, Laws of Florida, to the extent that it is not 4627 inconsistent with chapter 76-96, and as subsequently modified 4628 consistent with chapter 76-96. The board of directors and 4629 officers currently serving shall continue to serve until their 4630 successors are duly qualified as provided under the plan. The 4631 assets and obligations of the plan in effect immediately prior 4632 to the effective date of chapter 76-96 shall be construed to be 4633 the assets and obligations of the successor plan created herein. 4634 c. In recognition of s. 10, Art. I of the State 4635 Constitution, prohibiting the impairment of obligations of 4636 contracts, it is the intent of the Legislature that no action be 4637 taken whose purpose is to impair any bond indenture or financing 4638 agreement or any revenue source committed by contract to such 4639 bond or other indebtedness issued or incurred by the association 4640 or any other entity created under this subsection. 4641 7. On such coverage, an agent’s remuneration shall be that 4642 amount of money payable to the agent by the terms of his or her 4643 contract with the company with which the business is placed. 4644 However, no commission will be paid on that portion of the 4645 premium which is in excess of the standard premium of that 4646 company. 4647 8. Subject to approval by the department, the association 4648 may establish different eligibility requirements and operational 4649 procedures for any line or type of coverage for any specified 4650 eligible area or portion of an eligible area if the board 4651 determines that such changes to the eligibility requirements and 4652 operational procedures are justified due to the voluntary market 4653 being sufficiently stable and competitive in such area or for 4654 such line or type of coverage and that consumers who, in good 4655 faith, are unable to obtain insurance through the voluntary 4656 market through ordinary methods would continue to have access to 4657 coverage from the association. When coverage is sought in 4658 connection with a real property transfer, such requirements and 4659 procedures shall not provide for an effective date of coverage 4660 later than the date of the closing of the transfer as 4661 established by the transferor, the transferee, and, if 4662 applicable, the lender. 4663 9. Notwithstanding any other provision of law: 4664 a. The pledge or sale of, the lien upon, and the security 4665 interest in any rights, revenues, or other assets of the 4666 association created or purported to be created pursuant to any 4667 financing documents to secure any bonds or other indebtedness of 4668 the association shall be and remain valid and enforceable, 4669 notwithstanding the commencement of and during the continuation 4670 of, and after, any rehabilitation, insolvency, liquidation, 4671 bankruptcy, receivership, conservatorship, reorganization, or 4672 similar proceeding against the association under the laws of 4673 this state or any other applicable laws. 4674 b. No such proceeding shall relieve the association of its 4675 obligation, or otherwise affect its ability to perform its 4676 obligation, to continue to collect, or levy and collect, 4677 assessments, market equalization or other surcharges, projected 4678 recoveries from the Florida Hurricane Catastrophe Fund, 4679 reinsurance recoverables, or any other rights, revenues, or 4680 other assets of the association pledged. 4681 c. Each such pledge or sale of, lien upon, and security 4682 interest in, including the priority of such pledge, lien, or 4683 security interest, any such assessments, emergency assessments, 4684 market equalization or renewal surcharges, projected recoveries 4685 from the Florida Hurricane Catastrophe Fund, reinsurance 4686 recoverables, or other rights, revenues, or other assets which 4687 are collected, or levied and collected, after the commencement 4688 of and during the pendency of or after any such proceeding shall 4689 continue unaffected by such proceeding. 4690 d. As used in this subsection, the term “financing 4691 documents” means any agreement, instrument, or other document 4692 now existing or hereafter created evidencing any bonds or other 4693 indebtedness of the association or pursuant to which any such 4694 bonds or other indebtedness has been or may be issued and 4695 pursuant to which any rights, revenues, or other assets of the 4696 association are pledged or sold to secure the repayment of such 4697 bonds or indebtedness, together with the payment of interest on 4698 such bonds or such indebtedness, or the payment of any other 4699 obligation of the association related to such bonds or 4700 indebtedness. 4701 e. Any such pledge or sale of assessments, revenues, 4702 contract rights or other rights or assets of the association 4703 shall constitute a lien and security interest, or sale, as the 4704 case may be, that is immediately effective and attaches to such 4705 assessments, revenues, contract, or other rights or assets, 4706 whether or not imposed or collected at the time the pledge or 4707 sale is made. Any such pledge or sale is effective, valid, 4708 binding, and enforceable against the association or other entity 4709 making such pledge or sale, and valid and binding against and 4710 superior to any competing claims or obligations owed to any 4711 other person or entity, including policyholders in this state, 4712 asserting rights in any such assessments, revenues, contract, or 4713 other rights or assets to the extent set forth in and in 4714 accordance with the terms of the pledge or sale contained in the 4715 applicable financing documents, whether or not any such person 4716 or entity has notice of such pledge or sale and without the need 4717 for any physical delivery, recordation, filing, or other action. 4718 f. There shall be no liability on the part of, and no cause 4719 of action of any nature shall arise against, any member insurer 4720 or its agents or employees, agents or employees of the 4721 association, members of the board of directors of the 4722 association, or the department or its representatives, for any 4723 action taken by them in the performance of their duties or 4724 responsibilities under this subsection. Such immunity does not 4725 apply to actions for breach of any contract or agreement 4726 pertaining to insurance, or any willful tort. 4727 (6) CITIZENS PROPERTY INSURANCE CORPORATION.— 4728 (b)1. All insurers authorized to write one or more subject 4729 lines of business in this state are subject to assessment by the 4730 corporation and, for the purposes of this subsection, are 4731 referred to collectively as “assessable insurers.” Insurers 4732 writing one or more subject lines of business in this state 4733 pursuant to part VIII of chapter 626 are not assessable 4734 insurers, but insureds who procure one or more subject lines of 4735 business in this state pursuant to part VIII of chapter 626 are 4736 subject to assessment by the corporation and are referred to 4737 collectively as “assessable insureds.” An authorized insurer’s 4738 assessment liability shall begin on the first day of the 4739 calendar year following the year in which the insurer was issued 4740 a certificate of authority to transact insurance for subject 4741 lines of business in this state and shall terminate 1 year after 4742 the end of the first calendar year during which the insurer no 4743 longer holds a certificate of authority to transact insurance 4744 for subject lines of business in this state. 4745 2.a. All revenues, assets, liabilities, losses, and 4746 expenses of the corporation shall be divided into three separate 4747 accounts as follows: 4748 (I) A personal lines account for personal residential 4749 policies issued by the corporation or issued by the Residential 4750 Property and Casualty Joint Underwriting Association and renewed 4751 by the corporation that provide comprehensive, multiperil 4752 coverage on risks that are not located in areas eligible for 4753 coverage in the Florida Windstorm Underwriting Association as 4754 those areas were defined on January 1, 2002, and for such 4755 policies that do not provide coverage for the peril of wind on 4756 risks that are located in such areas; 4757 (II) A commercial lines account for commercial residential 4758 and commercial nonresidential policies issued by the corporation 4759 or issued by the Residential Property and Casualty Joint 4760 Underwriting Association and renewed by the corporation that 4761 provide coverage for basic property perils on risks that are not 4762 located in areas eligible for coverage in the Florida Windstorm 4763 Underwriting Association as those areas were defined on January 4764 1, 2002, and for such policies that do not provide coverage for 4765 the peril of wind on risks that are located in such areas; and 4766 (III) A high-risk account for personal residential policies 4767 and commercial residential and commercial nonresidential 4768 property policies issued by the corporation or transferred to 4769 the corporation that provide coverage for the peril of wind on 4770 risks that are located in areas eligible for coverage in the 4771 Florida Windstorm Underwriting Association as those areas were 4772 defined on January 1, 2002. The corporation may offer policies 4773 that provide multiperil coverage and the corporation shall 4774 continue to offer policies that provide coverage only for the 4775 peril of wind for risks located in areas eligible for coverage 4776 in the high-risk account. In issuing multiperil coverage, the 4777 corporation may use its approved policy forms and rates for the 4778 personal lines account. An applicant or insured who is eligible 4779 to purchase a multiperil policy from the corporation may 4780 purchase a multiperil policy from an authorized insurer without 4781 prejudice to the applicant’s or insured’s eligibility to 4782 prospectively purchase a policy that provides coverage only for 4783 the peril of wind from the corporation. An applicant or insured 4784 who is eligible for a corporation policy that provides coverage 4785 only for the peril of wind may elect to purchase or retain such 4786 policy and also purchase or retain coverage excluding wind from 4787 an authorized insurer without prejudice to the applicant’s or 4788 insured’s eligibility to prospectively purchase a policy that 4789 provides multiperil coverage from the corporation. It is the 4790 goal of the Legislature that there would be an overall average 4791 savings of 10 percent or more for a policyholder who currently 4792 has a wind-only policy with the corporation, and an ex-wind 4793 policy with a voluntary insurer or the corporation, and who then 4794 obtains a multiperil policy from the corporation. It is the 4795 intent of the Legislature that the offer of multiperil coverage 4796 in the high-risk account be made and implemented in a manner 4797 that does not adversely affect the tax-exempt status of the 4798 corporation or creditworthiness of or security for currently 4799 outstanding financing obligations or credit facilities of the 4800 high-risk account, the personal lines account, or the commercial 4801 lines account. The high-risk account must also include quota 4802 share primary insurance under subparagraph (c)2. The area 4803 eligible for coverage under the high-risk account also includes 4804 the area within Port Canaveral, which is bordered on the south 4805 by the City of Cape Canaveral, bordered on the west by the 4806 Banana River, and bordered on the north by Federal Government 4807 property. 4808 b. The three separate accounts must be maintained as long 4809 as financing obligations entered into by the Florida Windstorm 4810 Underwriting Association or Residential Property and Casualty 4811 Joint Underwriting Association are outstanding, in accordance 4812 with the terms of the corresponding financing documents. When 4813 the financing obligations are no longer outstanding, in 4814 accordance with the terms of the corresponding financing 4815 documents, the corporation may use a single account for all 4816 revenues, assets, liabilities, losses, and expenses of the 4817 corporation. Consistent with the requirement of this 4818 subparagraph and prudent investment policies that minimize the 4819 cost of carrying debt, the board shall exercise its best efforts 4820 to retire existing debt or to obtain approval of necessary 4821 parties to amend the terms of existing debt, so as to structure 4822 the most efficient plan to consolidate the three separate 4823 accounts into a single account.By February 1, 2007, the board4824shall submit a report to the Financial Services Commission, the4825President of the Senate, and the Speaker of the House of4826Representatives which includes an analysis of consolidating the4827accounts, the actions the board has taken to minimize the cost4828of carrying debt, and its recommendations for executing the most4829efficient plan.4830 c. Creditors of the Residential Property and Casualty Joint 4831 Underwriting Association and of the accounts specified in sub 4832 sub-subparagraphs a.(I) and (II) may have a claim against, and 4833 recourse to, the accounts referred to in sub-sub-subparagraphs 4834 a.(I) and (II) and shall have no claim against, or recourse to, 4835 the account referred to in sub-sub-subparagraph a.(III). 4836 Creditors of the Florida Windstorm Underwriting Association 4837 shall have a claim against, and recourse to, the account 4838 referred to in sub-sub-subparagraph a.(III) and shall have no 4839 claim against, or recourse to, the accounts referred to in sub 4840 sub-subparagraphs a.(I) and (II). 4841 d. Revenues, assets, liabilities, losses, and expenses not 4842 attributable to particular accounts shall be prorated among the 4843 accounts. 4844 e. The Legislature finds that the revenues of the 4845 corporation are revenues that are necessary to meet the 4846 requirements set forth in documents authorizing the issuance of 4847 bonds under this subsection. 4848 f. No part of the income of the corporation may inure to 4849 the benefit of any private person. 4850 3. With respect to a deficit in an account: 4851 a. After accounting for the Citizens policyholder surcharge 4852 imposed under sub-subparagraph i., when the remaining projected 4853 deficit incurred in a particular calendar year is not greater 4854 than 6 percent of the aggregate statewide direct written premium 4855 for the subject lines of business for the prior calendar year, 4856 the entire deficit shall be recovered through regular 4857 assessments of assessable insurers under paragraph (q)(p)and 4858 assessable insureds. 4859 b. After accounting for the Citizens policyholder surcharge 4860 imposed under sub-subparagraph i., when the remaining projected 4861 deficit incurred in a particular calendar year exceeds 6 percent 4862 of the aggregate statewide direct written premium for the 4863 subject lines of business for the prior calendar year, the 4864 corporation shall levy regular assessments on assessable 4865 insurers under paragraph (q)(p)and on assessable insureds in 4866 an amount equal to the greater of 6 percent of the deficit or 6 4867 percent of the aggregate statewide direct written premium for 4868 the subject lines of business for the prior calendar year. Any 4869 remaining deficit shall be recovered through emergency 4870 assessments under sub-subparagraph d. 4871 c. Each assessable insurer’s share of the amount being 4872 assessed under sub-subparagraph a. or sub-subparagraph b. shall 4873 be in the proportion that the assessable insurer’s direct 4874 written premium for the subject lines of business for the year 4875 preceding the assessment bears to the aggregate statewide direct 4876 written premium for the subject lines of business for that year. 4877 The assessment percentage applicable to each assessable insured 4878 is the ratio of the amount being assessed under sub-subparagraph 4879 a. or sub-subparagraph b. to the aggregate statewide direct 4880 written premium for the subject lines of business for the prior 4881 year. Assessments levied by the corporation on assessable 4882 insurers under sub-subparagraphs a. and b. shall be paid as 4883 required by the corporation’s plan of operation and paragraph 4884 (q)(p). Assessments levied by the corporation on assessable 4885 insureds under sub-subparagraphs a. and b. shall be collected by 4886 the surplus lines agent at the time the surplus lines agent 4887 collects the surplus lines tax required by s. 626.932 and shall 4888 be paid to the Florida Surplus Lines Service Office at the time 4889 the surplus lines agent pays the surplus lines tax to the 4890 Florida Surplus Lines Service Office. Upon receipt of regular 4891 assessments from surplus lines agents, the Florida Surplus Lines 4892 Service Office shall transfer the assessments directly to the 4893 corporation as determined by the corporation. 4894 d. Upon a determination by the board of governors that a 4895 deficit in an account exceeds the amount that will be recovered 4896 through regular assessments under sub-subparagraph a. or sub 4897 subparagraph b., plus the amount that is expected to be 4898 recovered through surcharges under sub-subparagraph i., as to 4899 the remaining projected deficit the board shall levy, after 4900 verification by the office, emergency assessments, for as many 4901 years as necessary to cover the deficits, to be collected by 4902 assessable insurers and the corporation and collected from 4903 assessable insureds upon issuance or renewal of policies for 4904 subject lines of business, excluding National Flood Insurance 4905 policies. The amount of the emergency assessment collected in a 4906 particular year shall be a uniform percentage of that year’s 4907 direct written premium for subject lines of business and all 4908 accounts of the corporation, excluding National Flood Insurance 4909 Program policy premiums, as annually determined by the board and 4910 verified by the office. The office shall verify the arithmetic 4911 calculations involved in the board’s determination within 30 4912 days after receipt of the information on which the determination 4913 was based. Notwithstanding any other provision of law, the 4914 corporation and each assessable insurer that writes subject 4915 lines of business shall collect emergency assessments from its 4916 policyholders without such obligation being affected by any 4917 credit, limitation, exemption, or deferment. Emergency 4918 assessments levied by the corporation on assessable insureds 4919 shall be collected by the surplus lines agent at the time the 4920 surplus lines agent collects the surplus lines tax required by 4921 s. 626.932 and shall be paid to the Florida Surplus Lines 4922 Service Office at the time the surplus lines agent pays the 4923 surplus lines tax to the Florida Surplus Lines Service Office. 4924 The emergency assessments so collected shall be transferred 4925 directly to the corporation on a periodic basis as determined by 4926 the corporation and shall be held by the corporation solely in 4927 the applicable account. The aggregate amount of emergency 4928 assessments levied for an account under this sub-subparagraph in 4929 any calendar year may, at the discretion of the board of 4930 governors, be less than but may not exceed the greater of 10 4931 percent of the amount needed to cover the deficit, plus 4932 interest, fees, commissions, required reserves, and other costs 4933 associated with financing of the original deficit, or 10 percent 4934 of the aggregate statewide direct written premium for subject 4935 lines of business and for all accounts of the corporation for 4936 the prior year, plus interest, fees, commissions, required 4937 reserves, and other costs associated with financing the deficit. 4938 e. The corporation may pledge the proceeds of assessments, 4939 projected recoveries from the Florida Hurricane Catastrophe 4940 Fund, other insurance and reinsurance recoverables, policyholder 4941 surcharges and other surcharges, and other funds available to 4942 the corporation as the source of revenue for and to secure bonds 4943 issued under paragraph (q)(p), bonds or other indebtedness 4944 issued under subparagraph (c)3., or lines of credit or other 4945 financing mechanisms issued or created under this subsection, or 4946 to retire any other debt incurred as a result of deficits or 4947 events giving rise to deficits, or in any other way that the 4948 board determines will efficiently recover such deficits. The 4949 purpose of the lines of credit or other financing mechanisms is 4950 to provide additional resources to assist the corporation in 4951 covering claims and expenses attributable to a catastrophe. As 4952 used in this subsection, the term “assessments” includes regular 4953 assessments under sub-subparagraph a., sub-subparagraph b., or 4954 subparagraph (q)1.(p)1.and emergency assessments under sub 4955 subparagraph d. Emergency assessments collected under sub 4956 subparagraph d. are not part of an insurer’s rates, are not 4957 premium, and are not subject to premium tax, fees, or 4958 commissions; however, failure to pay the emergency assessment 4959 shall be treated as failure to pay premium. The emergency 4960 assessments under sub-subparagraph d. shall continue as long as 4961 any bonds issued or other indebtedness incurred with respect to 4962 a deficit for which the assessment was imposed remain 4963 outstanding, unless adequate provision has been made for the 4964 payment of such bonds or other indebtedness pursuant to the 4965 documents governing such bonds or other indebtedness. 4966 f. As used in this subsection for purposes of any deficit 4967 incurred on or after January 25, 2007, the term “subject lines 4968 of business” means insurance written by assessable insurers or 4969 procured by assessable insureds for all property and casualty 4970 lines of business in this state, but not including workers’ 4971 compensation or medical malpractice. As used in the sub 4972 subparagraph, the term “property and casualty lines of business” 4973 includes all lines of business identified on Form 2, Exhibit of 4974 Premiums and Losses, in the annual statement required of 4975 authorized insurers by s. 624.424 and any rule adopted under 4976 this section, except for those lines identified as accident and 4977 health insurance and except for policies written under the 4978 National Flood Insurance Program or the Federal Crop Insurance 4979 Program. For purposes of this sub-subparagraph, the term 4980 “workers’ compensation” includes both workers’ compensation 4981 insurance and excess workers’ compensation insurance. 4982 g. The Florida Surplus Lines Service Office shall determine 4983 annually the aggregate statewide written premium in subject 4984 lines of business procured by assessable insureds and shall 4985 report that information to the corporation in a form and at a 4986 time the corporation specifies to ensure that the corporation 4987 can meet the requirements of this subsection and the 4988 corporation’s financing obligations. 4989 h. The Florida Surplus Lines Service Office shall verify 4990 the proper application by surplus lines agents of assessment 4991 percentages for regular assessments and emergency assessments 4992 levied under this subparagraph on assessable insureds and shall 4993 assist the corporation in ensuring the accurate, timely 4994 collection and payment of assessments by surplus lines agents as 4995 required by the corporation. 4996 i. If a deficit is incurred in any account in 2008 or 4997 thereafter, the board of governors shall levy a Citizens 4998 policyholder surcharge against all policyholders of the 4999 corporation for a 12-month period, which shall be collected at 5000 the time of issuance or renewal of a policy, as a uniform 5001 percentage of the premium for the policy of up to 15 percent of 5002 such premium, which funds shall be used to offset the deficit. 5003 Citizens policyholder surcharges under this sub-subparagraph are 5004 not considered premium and are not subject to commissions, fees, 5005 or premium taxes. However, failure to pay such surcharges shall 5006 be treated as failure to pay premium. 5007 j. If the amount of any assessments or surcharges collected 5008 from corporation policyholders, assessable insurers or their 5009 policyholders, or assessable insureds exceeds the amount of the 5010 deficits, such excess amounts shall be remitted to and retained 5011 by the corporation in a reserve to be used by the corporation, 5012 as determined by the board of governors and approved by the 5013 office, to pay claims or reduce any past, present, or future 5014 plan-year deficits or to reduce outstanding debt. 5015 (c) The plan of operation of the corporation: 5016 1. Must provide for adoption of residential property and 5017 casualty insurance policy forms and commercial residential and 5018 nonresidential property insurance forms, which forms must be 5019 approved by the office prior to use. The corporation shall adopt 5020 the following policy forms: 5021 a. Standard personal lines policy forms that are 5022 comprehensive multiperil policies providing full coverage of a 5023 residential property equivalent to the coverage provided in the 5024 private insurance market under an HO-3, HO-4, or HO-6 policy. 5025 b. Basic personal lines policy forms that are policies 5026 similar to an HO-8 policy or a dwelling fire policy that provide 5027 coverage meeting the requirements of the secondary mortgage 5028 market, but which coverage is more limited than the coverage 5029 under a standard policy. 5030 c. Commercial lines residential and nonresidential policy 5031 forms that are generally similar to the basic perils of full 5032 coverage obtainable for commercial residential structures and 5033 commercial nonresidential structures in the admitted voluntary 5034 market. 5035 d. Personal lines and commercial lines residential property 5036 insurance forms that cover the peril of wind only. The forms are 5037 applicable only to residential properties located in areas 5038 eligible for coverage under the high-risk account referred to in 5039 sub-subparagraph (b)2.a. 5040 e. Commercial lines nonresidential property insurance forms 5041 that cover the peril of wind only. The forms are applicable only 5042 to nonresidential properties located in areas eligible for 5043 coverage under the high-risk account referred to in sub 5044 subparagraph (b)2.a. 5045 f. The corporation may adopt variations of the policy forms 5046 listed in sub-subparagraphs a.-e. that contain more restrictive 5047 coverage. 5048 2.a. Must provide that the corporation adopt a program in 5049 which the corporation and authorized insurers enter into quota 5050 share primary insurance agreements for hurricane coverage, as 5051 defined in s. 627.4025(2)(a), for eligible risks, and adopt 5052 property insurance forms for eligible risks which cover the 5053 peril of wind only. As used in this subsection, the term: 5054 (I) “Quota share primary insurance” means an arrangement in 5055 which the primary hurricane coverage of an eligible risk is 5056 provided in specified percentages by the corporation and an 5057 authorized insurer. The corporation and authorized insurer are 5058 each solely responsible for a specified percentage of hurricane 5059 coverage of an eligible risk as set forth in a quota share 5060 primary insurance agreement between the corporation and an 5061 authorized insurer and the insurance contract. The 5062 responsibility of the corporation or authorized insurer to pay 5063 its specified percentage of hurricane losses of an eligible 5064 risk, as set forth in the quota share primary insurance 5065 agreement, may not be altered by the inability of the other 5066 party to the agreement to pay its specified percentage of 5067 hurricane losses. Eligible risks that are provided hurricane 5068 coverage through a quota share primary insurance arrangement 5069 must be provided policy forms that set forth the obligations of 5070 the corporation and authorized insurer under the arrangement, 5071 clearly specify the percentages of quota share primary insurance 5072 provided by the corporation and authorized insurer, and 5073 conspicuously and clearly state that neither the authorized 5074 insurer nor the corporation may be held responsible beyond its 5075 specified percentage of coverage of hurricane losses. 5076 (II) “Eligible risks” means personal lines residential and 5077 commercial lines residential risks that meet the underwriting 5078 criteria of the corporation and are located in areas that were 5079 eligible for coverage by the Florida Windstorm Underwriting 5080 Association on January 1, 2002. 5081 b. The corporation may enter into quota share primary 5082 insurance agreements with authorized insurers at corporation 5083 coverage levels of 90 percent and 50 percent. 5084 c. If the corporation determines that additional coverage 5085 levels are necessary to maximize participation in quota share 5086 primary insurance agreements by authorized insurers, the 5087 corporation may establish additional coverage levels. However, 5088 the corporation’s quota share primary insurance coverage level 5089 may not exceed 90 percent. 5090 d. Any quota share primary insurance agreement entered into 5091 between an authorized insurer and the corporation must provide 5092 for a uniform specified percentage of coverage of hurricane 5093 losses, by county or territory as set forth by the corporation 5094 board, for all eligible risks of the authorized insurer covered 5095 under the quota share primary insurance agreement. 5096 e. Any quota share primary insurance agreement entered into 5097 between an authorized insurer and the corporation is subject to 5098 review and approval by the office. However, such agreement shall 5099 be authorized only as to insurance contracts entered into 5100 between an authorized insurer and an insured who is already 5101 insured by the corporation for wind coverage. 5102 f. For all eligible risks covered under quota share primary 5103 insurance agreements, the exposure and coverage levels for both 5104 the corporation and authorized insurers shall be reported by the 5105 corporation to the Florida Hurricane Catastrophe Fund. For all 5106 policies of eligible risks covered under quota share primary 5107 insurance agreements, the corporation and the authorized insurer 5108 shall maintain complete and accurate records for the purpose of 5109 exposure and loss reimbursement audits as required by Florida 5110 Hurricane Catastrophe Fund rules. The corporation and the 5111 authorized insurer shall each maintain duplicate copies of 5112 policy declaration pages and supporting claims documents. 5113 g. The corporation board shall establish in its plan of 5114 operation standards for quota share agreements which ensure that 5115 there is no discriminatory application among insurers as to the 5116 terms of quota share agreements, pricing of quota share 5117 agreements, incentive provisions if any, and consideration paid 5118 for servicing policies or adjusting claims. 5119 h. The quota share primary insurance agreement between the 5120 corporation and an authorized insurer must set forth the 5121 specific terms under which coverage is provided, including, but 5122 not limited to, the sale and servicing of policies issued under 5123 the agreement by the insurance agent of the authorized insurer 5124 producing the business, the reporting of information concerning 5125 eligible risks, the payment of premium to the corporation, and 5126 arrangements for the adjustment and payment of hurricane claims 5127 incurred on eligible risks by the claims adjuster and personnel 5128 of the authorized insurer. Entering into a quota sharing 5129 insurance agreement between the corporation and an authorized 5130 insurer shall be voluntary and at the discretion of the 5131 authorized insurer. 5132 3. May provide that the corporation may employ or otherwise 5133 contract with individuals or other entities to provide 5134 administrative or professional services that may be appropriate 5135 to effectuate the plan. The corporation shall have the power to 5136 borrow funds, by issuing bonds or by incurring other 5137 indebtedness, and shall have other powers reasonably necessary 5138 to effectuate the requirements of this subsection, including, 5139 without limitation, the power to issue bonds and incur other 5140 indebtedness in order to refinance outstanding bonds or other 5141 indebtedness. The corporation may, but is not required to, seek 5142 judicial validation of its bonds or other indebtedness under 5143 chapter 75. The corporation may issue bonds or incur other 5144 indebtedness, or have bonds issued on its behalf by a unit of 5145 local government pursuant to subparagraph (q)2.(p)2., in the 5146 absence of a hurricane or other weather-related event, upon a 5147 determination by the corporation, subject to approval by the 5148 office, that such action would enable it to efficiently meet the 5149 financial obligations of the corporation and that such 5150 financings are reasonably necessary to effectuate the 5151 requirements of this subsection. The corporation is authorized 5152 to take all actions needed to facilitate tax-free status for any 5153 such bonds or indebtedness, including formation of trusts or 5154 other affiliated entities. The corporation shall have the 5155 authority to pledge assessments, projected recoveries from the 5156 Florida Hurricane Catastrophe Fund, other reinsurance 5157 recoverables, market equalization and other surcharges, and 5158 other funds available to the corporation as security for bonds 5159 or other indebtedness. In recognition of s. 10, Art. I of the 5160 State Constitution, prohibiting the impairment of obligations of 5161 contracts, it is the intent of the Legislature that no action be 5162 taken whose purpose is to impair any bond indenture or financing 5163 agreement or any revenue source committed by contract to such 5164 bond or other indebtedness. 5165 4.a. Must require that the corporation operate subject to 5166 the supervision and approval of a board of governors consisting 5167 of eight individuals who are residents of this state, from 5168 different geographical areas of this state. The Governor, the 5169 Chief Financial Officer, the President of the Senate, and the 5170 Speaker of the House of Representatives shall each appoint two 5171 members of the board. At least one of the two members appointed 5172 by each appointing officer must have demonstrated expertise in 5173 insurance. The Chief Financial Officer shall designate one of 5174 the appointees as chair. All board members serve at the pleasure 5175 of the appointing officer. All members of the board of governors 5176 are subject to removal at will by the officers who appointed 5177 them. All board members, including the chair, must be appointed 5178 to serve for 3-year terms beginning annually on a date 5179 designated by the plan. However, for the first term beginning on 5180 or after July 1, 2009, each appointing officer shall appoint one 5181 member of the board for a 2-year term and one member for a 3 5182 year term. Any board vacancy shall be filled for the unexpired 5183 term by the appointing officer. The Chief Financial Officer 5184 shall appoint a technical advisory group to provide information 5185 and advice to the board of governors in connection with the 5186 board’s duties under this subsection. The executive director and 5187 senior managers of the corporation shall be engaged by the board 5188 and serve at the pleasure of the board. Any executive director 5189 appointed on or after July 1, 2006, is subject to confirmation 5190 by the Senate. The executive director is responsible for 5191 employing other staff as the corporation may require, subject to 5192 review and concurrence by the board. 5193 b. The board shall create a Market Accountability Advisory 5194 Committee to assist the corporation in developing awareness of 5195 its rates and its customer and agent service levels in 5196 relationship to the voluntary market insurers writing similar 5197 coverage. The members of the advisory committee shall consist of 5198 the following 11 persons, one of whom must be elected chair by 5199 the members of the committee: four representatives, one 5200 appointed by the Florida Association of Insurance Agents, one by 5201 the Florida Association of Insurance and Financial Advisors, one 5202 by the Professional Insurance Agents of Florida, and one by the 5203 Latin American Association of Insurance Agencies; three 5204 representatives appointed by the insurers with the three highest 5205 voluntary market share of residential property insurance 5206 business in the state; one representative from the Office of 5207 Insurance Regulation; one consumer appointed by the board who is 5208 insured by the corporation at the time of appointment to the 5209 committee; one representative appointed by the Florida 5210 Association of Realtors; and one representative appointed by the 5211 Florida Bankers Association. All members must serve for 3-year 5212 terms and may serve for consecutive terms. The committee shall 5213 report to the corporation at each board meeting on insurance 5214 market issues which may include rates and rate competition with 5215 the voluntary market; service, including policy issuance, claims 5216 processing, and general responsiveness to policyholders, 5217 applicants, and agents; and matters relating to depopulation. 5218 5. Must provide a procedure for determining the eligibility 5219 of a risk for coverage, as follows: 5220 a. Subject to the provisions of s. 627.3517, with respect 5221 to personal lines residential risks, if the risk is offered 5222 coverage from an authorized insurer at the insurer’s approved 5223 rate under either a standard policy including wind coverage or, 5224 if consistent with the insurer’s underwriting rules as filed 5225 with the office, a basic policy including wind coverage, for a 5226 new application to the corporation for coverage, the risk is not 5227 eligible for any policy issued by the corporation unless the 5228 premium for coverage from the authorized insurer is more than 15 5229 percent greater than the premium for comparable coverage from 5230 the corporation. If the risk is not able to obtain any such 5231 offer, the risk is eligible for either a standard policy 5232 including wind coverage or a basic policy including wind 5233 coverage issued by the corporation; however, if the risk could 5234 not be insured under a standard policy including wind coverage 5235 regardless of market conditions, the risk shall be eligible for 5236 a basic policy including wind coverage unless rejected under 5237 subparagraph 8. However, with regard to a policyholder of the 5238 corporation or a policyholder removed from the corporation 5239 through an assumption agreement until the end of the assumption 5240 period, the policyholder remains eligible for coverage from the 5241 corporation regardless of any offer of coverage from an 5242 authorized insurer or surplus lines insurer. The corporation 5243 shall determine the type of policy to be provided on the basis 5244 of objective standards specified in the underwriting manual and 5245 based on generally accepted underwriting practices. 5246 (I) If the risk accepts an offer of coverage through the 5247 market assistance plan or an offer of coverage through a 5248 mechanism established by the corporation before a policy is 5249 issued to the risk by the corporation or during the first 30 5250 days of coverage by the corporation, and the producing agent who 5251 submitted the application to the plan or to the corporation is 5252 not currently appointed by the insurer, the insurer shall: 5253 (A) Pay to the producing agent of record of the policy, for 5254 the first year, an amount that is the greater of the insurer’s 5255 usual and customary commission for the type of policy written or 5256 a fee equal to the usual and customary commission of the 5257 corporation; or 5258 (B) Offer to allow the producing agent of record of the 5259 policy to continue servicing the policy for a period of not less 5260 than 1 year and offer to pay the agent the greater of the 5261 insurer’s or the corporation’s usual and customary commission 5262 for the type of policy written. 5263 5264 If the producing agent is unwilling or unable to accept 5265 appointment, the new insurer shall pay the agent in accordance 5266 with sub-sub-sub-subparagraph (A). 5267 (II) When the corporation enters into a contractual 5268 agreement for a take-out plan, the producing agent of record of 5269 the corporation policy is entitled to retain any unearned 5270 commission on the policy, and the insurer shall: 5271 (A) Pay to the producing agent of record of the corporation 5272 policy, for the first year, an amount that is the greater of the 5273 insurer’s usual and customary commission for the type of policy 5274 written or a fee equal to the usual and customary commission of 5275 the corporation; or 5276 (B) Offer to allow the producing agent of record of the 5277 corporation policy to continue servicing the policy for a period 5278 of not less than 1 year and offer to pay the agent the greater 5279 of the insurer’s or the corporation’s usual and customary 5280 commission for the type of policy written. 5281 5282 If the producing agent is unwilling or unable to accept 5283 appointment, the new insurer shall pay the agent in accordance 5284 with sub-sub-sub-subparagraph (A). 5285 b. With respect to commercial lines residential risks, for 5286 a new application to the corporation for coverage, if the risk 5287 is offered coverage under a policy including wind coverage from 5288 an authorized insurer at its approved rate, the risk is not 5289 eligible for any policy issued by the corporation unless the 5290 premium for coverage from the authorized insurer is more than 15 5291 percent greater than the premium for comparable coverage from 5292 the corporation. If the risk is not able to obtain any such 5293 offer, the risk is eligible for a policy including wind coverage 5294 issued by the corporation. However, with regard to a 5295 policyholder of the corporation or a policyholder removed from 5296 the corporation through an assumption agreement until the end of 5297 the assumption period, the policyholder remains eligible for 5298 coverage from the corporation regardless of any offer of 5299 coverage from an authorized insurer or surplus lines insurer. 5300 (I) If the risk accepts an offer of coverage through the 5301 market assistance plan or an offer of coverage through a 5302 mechanism established by the corporation before a policy is 5303 issued to the risk by the corporation or during the first 30 5304 days of coverage by the corporation, and the producing agent who 5305 submitted the application to the plan or the corporation is not 5306 currently appointed by the insurer, the insurer shall: 5307 (A) Pay to the producing agent of record of the policy, for 5308 the first year, an amount that is the greater of the insurer’s 5309 usual and customary commission for the type of policy written or 5310 a fee equal to the usual and customary commission of the 5311 corporation; or 5312 (B) Offer to allow the producing agent of record of the 5313 policy to continue servicing the policy for a period of not less 5314 than 1 year and offer to pay the agent the greater of the 5315 insurer’s or the corporation’s usual and customary commission 5316 for the type of policy written. 5317 5318 If the producing agent is unwilling or unable to accept 5319 appointment, the new insurer shall pay the agent in accordance 5320 with sub-sub-sub-subparagraph (A). 5321 (II) When the corporation enters into a contractual 5322 agreement for a take-out plan, the producing agent of record of 5323 the corporation policy is entitled to retain any unearned 5324 commission on the policy, and the insurer shall: 5325 (A) Pay to the producing agent of record of the corporation 5326 policy, for the first year, an amount that is the greater of the 5327 insurer’s usual and customary commission for the type of policy 5328 written or a fee equal to the usual and customary commission of 5329 the corporation; or 5330 (B) Offer to allow the producing agent of record of the 5331 corporation policy to continue servicing the policy for a period 5332 of not less than 1 year and offer to pay the agent the greater 5333 of the insurer’s or the corporation’s usual and customary 5334 commission for the type of policy written. 5335 5336 If the producing agent is unwilling or unable to accept 5337 appointment, the new insurer shall pay the agent in accordance 5338 with sub-sub-sub-subparagraph (A). 5339 c. For purposes of determining comparable coverage under 5340 sub-subparagraphs a. and b., the comparison shall be based on 5341 those forms and coverages that are reasonably comparable. The 5342 corporation may rely on a determination of comparable coverage 5343 and premium made by the producing agent who submits the 5344 application to the corporation, made in the agent’s capacity as 5345 the corporation’s agent. A comparison may be made solely of the 5346 premium with respect to the main building or structure only on 5347 the following basis: the same coverage A or other building 5348 limits; the same percentage hurricane deductible that applies on 5349 an annual basis or that applies to each hurricane for commercial 5350 residential property; the same percentage of ordinance and law 5351 coverage, if the same limit is offered by both the corporation 5352 and the authorized insurer; the same mitigation credits, to the 5353 extent the same types of credits are offered both by the 5354 corporation and the authorized insurer; the same method for loss 5355 payment, such as replacement cost or actual cash value, if the 5356 same method is offered both by the corporation and the 5357 authorized insurer in accordance with underwriting rules; and 5358 any other form or coverage that is reasonably comparable as 5359 determined by the board. If an application is submitted to the 5360 corporation for wind-only coverage in the high-risk account, the 5361 premium for the corporation’s wind-only policy plus the premium 5362 for the ex-wind policy that is offered by an authorized insurer 5363 to the applicant shall be compared to the premium for multiperil 5364 coverage offered by an authorized insurer, subject to the 5365 standards for comparison specified in this subparagraph. If the 5366 corporation or the applicant requests from the authorized 5367 insurer a breakdown of the premium of the offer by types of 5368 coverage so that a comparison may be made by the corporation or 5369 its agent and the authorized insurer refuses or is unable to 5370 provide such information, the corporation may treat the offer as 5371 not being an offer of coverage from an authorized insurer at the 5372 insurer’s approved rate. 5373 6. Must include rules for classifications of risks and 5374 rates therefor. 5375 7. Must provide that if premium and investment income for 5376 an account attributable to a particular calendar year are in 5377 excess of projected losses and expenses for the account 5378 attributable to that year, such excess shall be held in surplus 5379 in the account. Such surplus shall be available to defray 5380 deficits in that account as to future years and shall be used 5381 for that purpose prior to assessing assessable insurers and 5382 assessable insureds as to any calendar year. 5383 8. Must provide objective criteria and procedures to be 5384 uniformly applied for all applicants in determining whether an 5385 individual risk is so hazardous as to be uninsurable. In making 5386 this determination and in establishing the criteria and 5387 procedures, the following shall be considered: 5388 a. Whether the likelihood of a loss for the individual risk 5389 is substantially higher than for other risks of the same class; 5390 and 5391 b. Whether the uncertainty associated with the individual 5392 risk is such that an appropriate premium cannot be determined. 5393 5394 The acceptance or rejection of a risk by the corporation shall 5395 be construed as the private placement of insurance, and the 5396 provisions of chapter 120 shall not apply. 5397 9. Must provide that the corporation shall make its best 5398 efforts to procure catastrophe reinsurance at reasonable rates, 5399 to cover its projected 100-year probable maximum loss as 5400 determined by the board of governors. 5401 10. The policies issued by the corporation must provide 5402 that, if the corporation or the market assistance plan obtains 5403 an offer from an authorized insurer to cover the risk at its 5404 approved rates, the risk is no longer eligible for renewal 5405 through the corporation, except as otherwise provided in this 5406 subsection. 5407 11. Corporation policies and applications must include a 5408 notice that the corporation policy could, under this section, be 5409 replaced with a policy issued by an authorized insurer that does 5410 not provide coverage identical to the coverage provided by the 5411 corporation. The notice shall also specify that acceptance of 5412 corporation coverage creates a conclusive presumption that the 5413 applicant or policyholder is aware of this potential. 5414 12. May establish, subject to approval by the office, 5415 different eligibility requirements and operational procedures 5416 for any line or type of coverage for any specified county or 5417 area if the board determines that such changes to the 5418 eligibility requirements and operational procedures are 5419 justified due to the voluntary market being sufficiently stable 5420 and competitive in such area or for such line or type of 5421 coverage and that consumers who, in good faith, are unable to 5422 obtain insurance through the voluntary market through ordinary 5423 methods would continue to have access to coverage from the 5424 corporation. When coverage is sought in connection with a real 5425 property transfer, such requirements and procedures shall not 5426 provide for an effective date of coverage later than the date of 5427 the closing of the transfer as established by the transferor, 5428 the transferee, and, if applicable, the lender. 5429 13. Must provide that, with respect to the high-risk 5430 account, any assessable insurer with a surplus as to 5431 policyholders of $25 million or less writing 25 percent or more 5432 of its total countrywide property insurance premiums in this 5433 state may petition the office, within the first 90 days of each 5434 calendar year, to qualify as a limited apportionment company. A 5435 regular assessment levied by the corporation on a limited 5436 apportionment company for a deficit incurred by the corporation 5437 for the high-risk account in 2006 or thereafter may be paid to 5438 the corporation on a monthly basis as the assessments are 5439 collected by the limited apportionment company from its insureds 5440 pursuant to s. 627.3512, but the regular assessment must be paid 5441 in full within 12 months after being levied by the corporation. 5442 A limited apportionment company shall collect from its 5443 policyholders any emergency assessment imposed under sub 5444 subparagraph (b)3.d. The plan shall provide that, if the office 5445 determines that any regular assessment will result in an 5446 impairment of the surplus of a limited apportionment company, 5447 the office may direct that all or part of such assessment be 5448 deferred as provided in subparagraph (q)4.(p)4.However, there 5449 shall be no limitation or deferment of an emergency assessment 5450 to be collected from policyholders under sub-subparagraph 5451 (b)3.d. 5452 14. Must provide that the corporation appoint as its 5453 licensed agents only those agents who also hold an appointment 5454 as defined in s. 626.015(3) with an insurer who at the time of 5455 the agent’s initial appointment by the corporation is authorized 5456 to write and is actually writing personal lines residential 5457 property coverage, commercial residential property coverage, or 5458 commercial nonresidential property coverage within the state. 5459 15. Must provide, by July 1, 2007, a premium payment plan 5460 option to its policyholders which allows at a minimum for 5461 quarterly and semiannual payment of premiums. A monthly payment 5462 plan may, but is not required to, be offered. 5463 16. Must limit coverage on mobile homes or manufactured 5464 homes built prior to 1994 to actual cash value of the dwelling 5465 rather than replacement costs of the dwelling. 5466 17. May provide such limits of coverage as the board 5467 determines, consistent with the requirements of this subsection. 5468 18. May require commercial property to meet specified 5469 hurricane mitigation construction features as a condition of 5470 eligibility for coverage. 5471 (o) If coverage in an account is deactivated pursuant to 5472 paragraph (p)(o), coverage through the corporation shall be 5473 reactivated by order of the office only under one of the 5474 following circumstances: 5475 1. If the market assistance plan receives a minimum of 100 5476 applications for coverage within a 3-month period, or 200 5477 applications for coverage within a 1-year period or less for 5478 residential coverage, unless the market assistance plan provides 5479 a quotation from admitted carriers at their filed rates for at 5480 least 90 percent of such applicants. Any market assistance plan 5481 application that is rejected because an individual risk is so 5482 hazardous as to be uninsurable using the criteria specified in 5483 subparagraph (c)8. shall not be included in the minimum 5484 percentage calculation provided herein. In the event that there 5485 is a legal or administrative challenge to a determination by the 5486 office that the conditions of this subparagraph have been met 5487 for eligibility for coverage in the corporation, any eligible 5488 risk may obtain coverage during the pendency of such challenge. 5489 2. In response to a state of emergency declared by the 5490 Governor under s. 252.36, the office may activate coverage by 5491 order for the period of the emergency upon a finding by the 5492 office that the emergency significantly affects the availability 5493 of residential property insurance. 5494 Reviser’s note.—Paragraphs (2)(b) and (6)(b), (c), and 5495 (o) are amended to conform to the addition of a new 5496 paragraph (6)(f) by s. 4, ch. 2009-77, Laws of 5497 Florida. Paragraph (6)(b) is amended and paragraph 5498 (6)(cc) is repealed to delete references to reports 5499 that were due February 1, 2007. 5500 Section 122. Paragraph (c) of subsection (5) of section 5501 733.817, Florida Statutes, is amended to read: 5502 733.817 Apportionment of estate taxes.— 5503 (5) Except as provided above or as otherwise directed by 5504 the governing instrument, the net tax attributable to each 5505 interest shall be apportioned as follows: 5506 (c) The net tax attributable to an interest in protected 5507 homestead shall be apportioned against the recipients of other 5508 interests in the estate or passing under any revocable trust in 5509 the following order: 5510 1. Class I: Recipients of interests not disposed of by the 5511 decedent’s will or revocable trust that are included in the 5512 measure of the federal estate tax. 5513 2. Class II: Recipients of residuary devises and residuary 5514 interests that are included in the measure of the federal estate 5515 tax. 5516 3. Class III: Recipients of nonresiduary devises and 5517 nonresiduary interests that are included in the measure of the 5518 federal estate tax. 5519 5520 The net tax apportioned to a class, if any, pursuant to this 5521 paragraph shall be apportioned among the recipients in the class 5522 in the proportion that the value of the interest of each bears 5523 to the total value of all interests included in that class. 5524 Reviser’s note.—Amended to conform to context. 5525 Section 123. Paragraph (a) of subsection (1) of section 5526 817.36, Florida Statutes, is amended to read: 5527 817.36 Resale of tickets.— 5528 (1) A person or entity that offers for resale or resells 5529 any ticket may charge only $1 above the admission price charged 5530 therefor by the original ticket seller of the ticket for the 5531 following transactions: 5532 (a) Passage or accommodations on any common carrier in this 5533 state. However, this paragraph does not apply to travel agencies 5534 that have an established place of business in this state and are 5535, isrequired to pay state, county, and city occupational 5536 license taxes. 5537 Reviser’s note.—Amended to confirm an editorial 5538 substitution made to improve clarity and correct 5539 sentence structure. 5540 Section 124. Paragraph (a) of subsection (4) of section 5541 921.002, Florida Statutes, is amended to read: 5542 921.002 The Criminal Punishment Code.—The Criminal 5543 Punishment Code shall apply to all felony offenses, except 5544 capital felonies, committed on or after October 1, 1998. 5545 (4)(a) The Department of Corrections shall report on trends 5546 in sentencing practices and sentencing score thresholds and 5547 provide an analysis on the sentencing factors considered by the 5548 courts and shall submit this information to the Legislature by 5549 October 1 of each year, beginning in 1999. 5550 Reviser’s note.—Amended to delete language that has 5551 served its purpose. 5552 Section 125. Subsection (11) of section 934.02, Florida 5553 Statutes, is amended to read: 5554 934.02 Definitions.—As used in this chapter: 5555 (11) “Communication common carrier” shall have the same 5556 meaning which is given the term “common carrier” in 47 U.S.C. s. 5557 153(10)153(h). 5558 Reviser’s note.—Amended to confirm an editorial 5559 substitution; 47 U.S.C. s. 153(10) defines the term 5560 “common carrier,” and 47 U.S.C. s. 153(h) does not 5561 exist. 5562 Section 126. Paragraph (a) of subsection (7) of section 5563 1002.335, Florida Statutes, is amended to read: 5564 1002.335 Florida Schools of Excellence Commission.— 5565 (7) COSPONSOR AGREEMENT.— 5566 (a) Upon approval of a cosponsor, the commission and the 5567 cosponsor shall enter into an agreement that defines the 5568 cosponsor’s rights and obligations and includes the following: 5569 1. An explanation of the personnel, contractual and 5570 interagency relationships, and potential revenue sources 5571 referenced in the application as required in paragraph (6)(c). 5572 2. Incorporation of the requirements of equal access for 5573 all students, including any plans to provide food service or 5574 transportation reasonably necessary to provide access to as many 5575 students as possible. 5576 3. Incorporation of the requirement to serve low-income, 5577 low-performing, gifted, or underserved student populations. 5578 4. An explanation of the academic and financial goals and 5579 expected outcomes for the cosponsor’s charter schools and the 5580 method and plans by which they will be measured and achieved as 5581 referenced in the application. 5582 5. The conflict-of-interest policies referenced in the 5583 application. 5584 6. An explanation of the disposition of facilities and 5585 assets upon termination and dissolution of a charter school 5586 approved by the cosponsor. 5587 7. A provision requiring the cosponsor to annually appear 5588 before the commission and provide a report as to the information 5589 provided pursuant to s. 1002.33(9)(k)1002.33(9)(l)for each of 5590 its charter schools. 5591 8. A provision requiring that the cosponsor report the 5592 student enrollment in each of its sponsored charter schools to 5593 the district school board of the county in which the school is 5594 located. 5595 9. A provision requiring that the cosponsor work with the 5596 commission to provide the necessary reports to the State Board 5597 of Education. 5598 10. Any other reasonable terms deemed appropriate by the 5599 commission given the unique characteristics of the cosponsor. 5600 Reviser’s note.—Amended to conform to the 5601 redesignation of paragraphs within s. 1002.33(9) by s. 5602 7, ch. 2009-214, Laws of Florida. 5603 Section 127. Paragraph (c) of subsection (3) of section 5604 1003.57, Florida Statutes, is amended to read: 5605 1003.57 Exceptional students instruction.— 5606 (3) 5607 (c) Within 10 business days after receiving the 5608 notification, the receiving school district must review the 5609 student’s individual educational plan (IEP) to determine if the 5610 student’s IEP can be implemented by the receiving school 5611 district or by a provider or facility under contract with the 5612 receiving school district. The receiving school district shall: 5613 1. Provide educational instruction to the student; 5614 2. Contract with another provider or facility to provide 5615 the educational instruction; 5616 3. Contract with the private residential care facility in 5617 which the student resides to provide the educational 5618 instruction; or 5619 4. Decline to provide or contract for educational 5620 instruction. 5621 5622 If the receiving school district declines to provide or contract 5623 for the educational instruction, the school district in which 5624 the legal residence of the student is located shall provide or 5625 contract for the educational instruction to the student. The 5626 school district that provides educational instruction or 5627 contracts to provide educational instruction shall report the 5628 student for funding purposes pursuant to s. 1011.62. 5629 5630 The requirements of paragraphs (c) and (d) do not apply to 5631 written agreements among school districts which specify each 5632 school district’s responsibility for providing and paying for 5633 educational services to an exceptional student in a residential 5634 care facility. However, each agreement must require a school 5635 district to review the student’s IEP within 10 business days 5636 after receiving the notification required under paragraph (b). 5637 Reviser’s note.—Amended to confirm an editorial 5638 insertion made to provide clarity. 5639 Section 128. Paragraph (a) of subsection (2) and subsection 5640 (7) of section 1004.87, Florida Statutes, are repealed. 5641 Reviser’s note.—Paragraph (2)(a) is repealed to delete 5642 material relating to appointment of initial members of 5643 the Florida College System Task Force on or before 5644 August 31, 2008, and holding of the first task force 5645 meeting on or before September 15, 2008. Subsection 5646 (7) is repealed to delete material relating to 5647 submittal of a report and recommendations by March 2, 5648 2009. 5649 Section 129. Subsection (6) of section 1011.71, Florida 5650 Statutes, is amended to read: 5651 1011.71 District school tax.— 5652 (6) Violations of the expenditure provisions in subsection 5653 (2) or subsection (5)(4)shall result in an equal dollar 5654 reduction in the Florida Education Finance Program (FEFP) funds 5655 for the violating district in the fiscal year following the 5656 audit citation. 5657 Reviser’s note.—Amended to conform to the 5658 redesignation of subsection (4) as subsection (5) by 5659 s. 33, ch. 2009-59, Laws of Florida. 5660 Section 130. Subsection (2) of section 1011.73, Florida 5661 Statutes, is amended to read: 5662 1011.73 District millage elections.— 5663 (2) MILLAGE AUTHORIZED NOT TO EXCEED 4 YEARS.—The district 5664 school board, pursuant to resolution adopted at a regular 5665 meeting, shall direct the county commissioners to call an 5666 election at which the electors within the school district may 5667 approve an ad valorem tax millage as authorized under s. 5668 1011.71(9)1011.71(8). Such election may be held at any time, 5669 except that not more than one such election shall be held during 5670 any 12-month period. Any millage so authorized shall be levied 5671 for a period not in excess of 4 years or until changed by 5672 another millage election, whichever is earlier. If any such 5673 election is invalidated by a court of competent jurisdiction, 5674 such invalidated election shall be considered not to have been 5675 held. 5676 Reviser’s note.—Amended to conform to the 5677 redesignation of subsections within s. 1011.71 by s. 5678 33, ch. 2009-59, Laws of Florida. 5679 Section 131. Subsection (1) of section 1013.45, Florida 5680 Statutes, is reenacted to read: 5681 1013.45 Educational facilities contracting and construction 5682 techniques.— 5683 (1) Boards may employ procedures to contract for 5684 construction of new facilities, or for additions, remodeling, 5685 renovation, maintenance, or repairs to existing facilities, that 5686 will include, but not be limited to: 5687 (a) Competitive bids. 5688 (b) Design-build pursuant to s. 287.055. 5689 (c) Selecting a construction management entity, pursuant to 5690 s. 255.103 or the process provided by s. 287.055, that would be 5691 responsible for all scheduling and coordination in both design 5692 and construction phases and is generally responsible for the 5693 successful, timely, and economical completion of the 5694 construction project. The construction management entity must 5695 consist of or contract with licensed or registered professionals 5696 for the specific fields or areas of construction to be 5697 performed, as required by law. At the option of the board, the 5698 construction management entity, after having been selected, may 5699 be required to offer a guaranteed maximum price or a guaranteed 5700 completion date; in which case, the construction management 5701 entity must secure an appropriate surety bond pursuant to s. 5702 255.05 and must hold construction subcontracts. The criteria for 5703 selecting a construction management entity shall not unfairly 5704 penalize an entity that has relevant experience in the delivery 5705 of construction projects of similar size and complexity by 5706 methods of delivery other than construction management. 5707 (d) Selecting a program management entity, pursuant to s. 5708 255.103 or the process provided by s. 287.055, that would act as 5709 the agent of the board and would be responsible for schedule 5710 control, cost control, and coordination in providing or 5711 procuring planning, design, and construction services. The 5712 program management entity must consist of or contract with 5713 licensed or registered professionals for the specific areas of 5714 design or construction to be performed as required by law. The 5715 program management entity may retain necessary design 5716 professionals selected under the process provided in s. 287.055. 5717 At the option of the board, the program management entity, after 5718 having been selected, may be required to offer a guaranteed 5719 maximum price or a guaranteed completion date, in which case the 5720 program management entity must secure an appropriate surety bond 5721 pursuant to s. 255.05 and must hold design and construction 5722 subcontracts. The criteria for selecting a program management 5723 entity shall not unfairly penalize an entity that has relevant 5724 experience in the delivery of construction programs of similar 5725 size and complexity by methods of delivery other than program 5726 management. 5727 (e) Day-labor contracts not exceeding $280,000 for 5728 construction, renovation, remodeling, or maintenance of existing 5729 facilities. Beginning January 2009, this amount shall be 5730 adjusted annually based upon changes in the Consumer Price 5731 Index. 5732 Reviser’s note.—Section 5, ch. 2009-227, Laws of 5733 Florida, amended subsection (1) without publishing 5734 paragraph (e). Absent affirmative evidence of 5735 legislative intent to repeal paragraph (e), subsection 5736 (1) is reenacted to confirm that the omission was not 5737 intended. 5738 Section 132. This act shall take effect on the 60th day 5739 after adjournment sine die of the session of the Legislature in 5740 which enacted.