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32 impliedly repealed or superseded; replacing incorrect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