Bill Text: FL H7007 | 2011 | Regular Session | Introduced

Bill Title: Florida Statutes

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-03-10 - Substituted SB 944 [H7007 Detail]

Download: Florida-2011-H7007-Introduced.html
HB 7007

1
A reviser's bill to be entitled
2An act relating to the Florida Statutes; amending ss.
316.0155, 28.36, 102.012, 112.534, 206.608, 213.67, 283.30,
4283.33, 283.43, 285.710, 288.0659, 288.106, 288.9604,
5316.008, 319.30, 320.03, 321.05, 327.73, 339.135, 341.302,
6373.036, 376.011, 380.0552, 380.503, 381.0065, 401.465,
7402.7305, 403.7032, 403.891, 411.01, 435.03, 443.091,
8443.131, 479.01, 494.00331, 550.334, 550.3345, 553.77,
9624.310, 627.4605, 627.711, 633.081, 677.105, 893.055,
10893.0551, 1002.69, 1003.428, 1003.429, and 1008.34, F.S.;
11and reenacting ss. 61.30, 163.3202, 369.317, 443.141,
12497.372, and 718.111, F.S.; providing an effective date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsection (3) of section 16.0155, Florida
17Statutes, is amended to read:
18     16.0155  Contingency fee agreements.-
19     (3)  If the Attorney General makes the determination
20described in subsection (2), notwithstanding the exemption
21provided in s. 287.057(3)(f) 287.057(5)(f), the Attorney General
22shall request proposals from private attorneys to represent the
23department on a contingency-fee basis, unless the Attorney
24General determines in writing that requesting proposals is not
25feasible under the circumstances. The written determination does
26not constitute a final agency action subject to review pursuant
27to ss. 120.569 and 120.57. For purposes of this subsection only,
28the department is exempt from the requirements of s. 120.57(3),
29and neither the request for proposals nor the contract award is
30subject to challenge pursuant to ss. 120.569 and 120.57.
31Reviser's note.-Amended to conform to the renumbering
32of subunits of s. 287.057 by s. 19, ch. 2010-151, Laws
33of Florida.
34     Section 2.  Paragraph (b) of subsection (10) of section
3528.36, Florida Statutes, is amended to read:
36     28.36  Budget procedure.-There is established a budget
37procedure for preparing budget requests for funding for the
38court-related functions of the clerks of the court.
39     (10)
40     (b)  The corporation shall estimate the fourth quarter's
41number of units to be performed by each clerk. The amount of the
42fourth-quarter release shall be based on the approved unit cost
43times the estimated number of units of the fourth quarter with
44the following adjustment: the fourth-quarter release shall be
45adjusted based on the first three quarter's actual number of
46service units provided as reported to the corporation by each
47clerk. If the clerk has performed fewer service units in the
48first three quarters of the year compared to three quarters of
49the estimated number of service units in the General
50Appropriations Act, the corporation shall decrease the fourth-
51quarter release. The amount of the decrease shall equal the
52amount of the difference between the estimated number of service
53units for the first three quarters and the actual number of
54service units provided in the first three quarters times the
55approved unit cost.
56Reviser's note.-Amended to confirm insertion of the
57word "the" by the editors.
58     Section 3.  Subsection (6) of section 61.30, Florida
59Statutes, is reenacted to read:
60     61.30  Child support guidelines; retroactive child
61support.-
62     (6)  The following guidelines schedule shall be applied to
63the combined net income to determine the minimum child support
64need:
65
 
Combined
66
 
Monthly NetChild or Children
67
 
IncomeOneTwoThreeFourFiveSix
68
 
800.00190211213216218220
69
 
850.00202257259262265268
70
 
900.00213302305309312315
71
 
950.00224347351355359363
72
 
1000.00235365397402406410
73
 
1050.00246382443448453458
74
 
1100.00258400489495500505
75
 
1150.00269417522541547553
76
 
1200.00280435544588594600
77
 
1250.00290451565634641648
78
 
1300.00300467584659688695
79
 
1350.00310482603681735743
80
 
1400.00320498623702765790
81
 
1450.00330513642724789838
82
 
1500.00340529662746813869
83
 
1550.00350544681768836895
84
 
1600.00360560701790860920
85
 
1650.00370575720812884945
86
 
1700.00380591740833907971
87
 
1750.00390606759855931996
88
 
1800.004006227798779551022
89
 
1850.004106387989009791048
90
 
1900.0042165481892310041074
91
 
1950.0043167083994610291101
92
 
2000.0044268685996810541128
93
 
2050.0045270287999110791154
94
 
2100.00463718899101411041181
95
 
2150.00473734919103711291207
96
 
2200.00484751940106011541234
97
 
2250.00494767960108211791261
98
 
2300.00505783980110512041287
99
 
2350.005157991000112812291314
100
 
2400.005268151020115112541340
101
 
2450.005368311041117412791367
102
 
2500.005478471061119613041394
103
 
2550.005578641081121913291420
104
 
2600.005688801101124213541447
105
 
2650.005788961121126513791473
106
 
2700.005889121141128714031500
107
 
2750.005979271160130814261524
108
 
2800.006079411178132814481549
109
 
2850.006169561197134914711573
110
 
2900.006269711215137014941598
111
 
2950.006359861234139115171622
112
 
3000.0064410011252141215401647
113
 
3050.0065410161271143315631671
114
 
3100.0066310311289145315861695
115
 
3150.0067310451308147416081720
116
 
3200.0068210601327149516311744
117
 
3250.0069110751345151616541769
118
 
3300.0070110901364153716771793
119
 
3350.0071011051382155817001818
120
 
3400.0072011201401157917231842
121
 
3450.0072911351419159917451867
122
 
3500.0073811491438162017681891
123
 
3550.0074811641456164117911915
124
 
3600.0075711791475166218141940
125
 
3650.0076711941493168318371964
126
 
3700.0077612081503170218571987
127
 
3750.0078412211520172118782009
128
 
3800.0079312341536174018992031
129
 
3850.0080212481553175919202053
130
 
3900.0081112611570177819402075
131
 
3950.0081912751587179719612097
132
 
4000.0082812881603181619822119
133
 
4050.0083713021620183520022141
134
 
4100.0084613151637185420232163
135
 
4150.0085413291654187320442185
136
 
4200.0086313421670189220642207
137
 
4250.0087213551687191120852229
138
 
4300.0088113691704193021062251
139
 
4350.0088913821721194921272273
140
 
4400.0089813961737196821472295
141
 
4450.0090714091754198721682317
142
 
4500.0091614231771200621892339
143
 
4550.0092414361788202422092361
144
 
4600.0093314501804204322302384
145
 
4650.0094214631821206222512406
146
 
4700.0095114771838208122712428
147
 
4750.0095914901855210022922450
148
 
4800.0096815031871211923132472
149
 
4850.0097715171888213823342494
150
 
4900.0098615301905215723542516
151
 
4950.0099315421927217423722535
152
 
5000.00100015511939218823872551
153
 
5050.00100615611952220224022567
154
 
5100.00101315711964221524172583
155
 
5150.00101915801976222924322599
156
 
5200.00102515901988224324472615
157
 
5250.00103215992000225624622631
158
 
5300.00103816092012227024772647
159
 
5350.00104516192024228324922663
160
 
5400.00105116282037229725072679
161
 
5450.00105716382049231125222695
162
 
5500.00106416472061232425372711
163
 
5550.00107016572073233825522727
164
 
5600.00107716672085235225672743
165
 
5650.00108316762097236525822759
166
 
5700.00108916862109237925972775
167
 
5750.00109616952122239326122791
168
 
5800.00110217052134240626272807
169
 
5850.00110717132144241826392820
170
 
5900.00111117212155242926512833
171
 
5950.00111617292165244026632847
172
 
6000.00112117372175245126762860
173
 
6050.00112617462185246226882874
174
 
6100.00113117542196247327002887
175
 
6150.00113617622206248427122900
176
 
6200.00114117702216249527242914
177
 
6250.00114517782227250627372927
178
 
6300.00115017862237251727492941
179
 
6350.00115517952247252927612954
180
 
6400.00116018032258254027732967
181
 
6450.00116518112268255127852981
182
 
6500.00117018192278256227982994
183
 
6550.00117518272288257328103008
184
 
6600.00117918352299258428223021
185
 
6650.00118418432309259528343034
186
 
6700.00118918502317260428453045
187
 
6750.00119318562325261328543055
188
 
6800.00119618622332262128633064
189
 
6850.00120018682340263028723074
190
 
6900.00120418732347263928823084
191
 
6950.00120818792355264728913094
192
 
7000.00121218852362265629003103
193
 
7050.00121618912370266429093113
194
 
7100.00122018972378267329193123
195
 
7150.00122419032385268129283133
196
 
7200.00122819092393269029373142
197
 
7250.00123219152400269829463152
198
 
7300.00123519212408270729563162
199
 
7350.00123919272415271629653172
200
 
7400.00124319332423272429743181
201
 
7450.00124719392430273329833191
202
 
7500.00125119452438274129933201
203
 
7550.00125519512446275030023211
204
 
7600.00125919572453275830113220
205
 
7650.00126319632461276730203230
206
 
7700.00126719692468277530303240
207
 
7750.00127119752476278430393250
208
 
7800.00127419812483279230483259
209
 
7850.00127819872491280130573269
210
 
7900.00128219922498281030673279
211
 
7950.00128619982506281830763289
212
 
8000.00129020042513282730853298
213
 
8050.00129420102521283530943308
214
 
8100.00129820162529284431043318
215
 
8150.00130220222536285231133328
216
 
8200.00130620282544286131223337
217
 
8250.00131020342551286931313347
218
 
8300.00131320402559287831413357
219
 
8350.00131720462566288731503367
220
 
8400.00132120522574289531593376
221
 
8450.00132520582581290431683386
222
 
8500.00132920642589291231783396
223
 
8550.00133320702597292131873406
224
 
8600.00133720762604292931963415
225
 
8650.00134120822612293832053425
226
 
8700.00134520882619294632153435
227
 
8750.00134920942627295532243445
228
 
8800.00135221002634296332333454
229
 
8850.00135621062642297232423464
230
 
8900.00136021112649298132523474
231
 
8950.00136421172657298932613484
232
 
9000.00136821232664299832703493
233
 
9050.00137221292672300632793503
234
 
9100.00137621352680301532893513
235
 
9150.00138021412687302332983523
236
 
9200.00138421472695303233073532
237
 
9250.00138821532702304033163542
238
 
9300.00139121592710304933263552
239
 
9350.00139521652717305833353562
240
 
9400.00139921712725306633443571
241
 
9450.00140321772732307533533581
242
 
9500.00140721832740308333633591
243
 
9550.00141121892748309233723601
244
 
9600.00141521952755310033813610
245
 
9650.00141922012763310933903620
246
 
9700.00142222062767311533963628
247
 
9750.00142522102772312134023634
248
 
9800.00142722132776312634083641
249
 
9850.00143022172781313234143647
250
 
9900.00143222212786313734203653
251
 
9950.00143522252791314334263659
252
 
10000.00143722282795314834323666
253
254     (a)  If the obligor parent's net income is less than the
255amount in the guidelines schedule:
256     1.  The parent should be ordered to pay a child support
257amount, determined on a case-by-case basis, to establish the
258principle of payment and lay the basis for increased support
259orders should the parent's income increase.
260     2.  The obligor parent's child support payment shall be the
261lesser of the obligor parent's actual dollar share of the total
262minimum child support amount, as determined in subparagraph 1.,
263and 90 percent of the difference between the obligor parent's
264monthly net income and the current poverty guidelines as
265periodically updated in the Federal Register by the United
266States Department of Health and Human Services pursuant to 42
267U.S.C. s. 9902(2) for a single individual living alone.
268     (b)  For combined monthly net income greater than the
269amount in the guidelines schedule, the obligation is the minimum
270amount of support provided by the guidelines schedule plus the
271following percentages multiplied by the amount of income over
272$10,000:
273
 
Child or Children
274
 
OneTwoThreeFourFiveSix
275
 
5.0%7.5%9.5%11.0%12.0%12.5%
276
277Reviser's note.-Section 5, ch. 2010-199, Laws of
278Florida, amended subsection (6) without publishing the
279line in the child support guidelines schedule
280beginning with "800.00." Absent affirmative evidence
281of legislative intent to repeal the line in the
282schedule, subsection (6) is reenacted to confirm the
283omission was not intended.
284     Section 4.  Paragraph (b) of subsection (1) of section
285102.012, Florida Statutes, is amended to read:
286     102.012  Inspectors and clerks to conduct elections.-
287     (1)
288     (b)  If two or more precincts share the same building and
289voting place, the supervisor of elections may appoint one
290election board for the collocated precincts. The supervisor
291shall provide that a sufficient number of poll workers are
292appointed to adequately handle the processing of the voters in
293the collocated precincts.
294Reviser's note.-Amended to confirm insertion of the
295word "that" by the editors.
296     Section 5.  Paragraph (b) of subsection (1) of section
297112.534, Florida Statutes, is amended to read:
298     112.534  Failure to comply; official misconduct.-
299     (1)  If any law enforcement agency or correctional agency,
300including investigators in its internal affairs or professional
301standards division, or an assigned investigating supervisor,
302intentionally fails to comply with the requirements of this
303part, the following procedures apply. For purposes of this
304section, the term "law enforcement officer" or "correctional
305officer" includes the officer's representative or legal counsel,
306except in application of paragraph (d).
307     (b)  If the investigator fails to cure the violation or
308continues the violation after being notified by the law
309enforcement officer or correctional officer, the officer shall
310request the agency head or his or her designee be informed of
311the alleged intentional violation. Once this request is made,
312the interview of the officer shall cease, and the officer's
313refusal to respond to further investigative questions does not
314constitute insubordination or any similar type of policy
315violation.
316Reviser's note.-Amended pursuant to the directive of
317the Legislature in s. 1, ch. 93-199, Laws of Florida,
318to remove gender-specific references applicable to
319human beings from the Florida Statutes without
320substantive change in legal effect.
321     Section 6.  Subsection (2) of section 163.3202, Florida
322Statutes, is reenacted to read:
323     163.3202  Land development regulations.-
324     (2)  Local land development regulations shall contain
325specific and detailed provisions necessary or desirable to
326implement the adopted comprehensive plan and shall at a minimum:
327     (a)  Regulate the subdivision of land.
328     (b)  Regulate the use of land and water for those land use
329categories included in the land use element and ensure the
330compatibility of adjacent uses and provide for open space.
331     (c)  Provide for protection of potable water wellfields.
332     (d)  Regulate areas subject to seasonal and periodic
333flooding and provide for drainage and stormwater management.
334     (e)  Ensure the protection of environmentally sensitive
335lands designated in the comprehensive plan.
336     (f)  Regulate signage.
337     (g)  Provide that public facilities and services meet or
338exceed the standards established in the capital improvements
339element required by s. 163.3177 and are available when needed
340for the development, or that development orders and permits are
341conditioned on the availability of these public facilities and
342services necessary to serve the proposed development. A local
343government may not issue a development order or permit that
344results in a reduction in the level of services for the affected
345public facilities below the level of services provided in the
346local government's comprehensive plan.
347     (h)  Ensure safe and convenient onsite traffic flow,
348considering needed vehicle parking.
349     (i)  Maintain the existing density of residential
350properties or recreational vehicle parks if the properties are
351intended for residential use and are located in the
352unincorporated areas that have sufficient infrastructure, as
353determined by a local governing authority, and are not located
354within a coastal high-hazard area under s. 163.3178.
355Reviser's note.-Section 188, ch. 2010-102, Laws of
356Florida, amended subsection (2) without publishing
357paragraph (i). Absent affirmative evidence of
358legislative intent to repeal paragraph (i), subsection
359(2) is reenacted to confirm the omission was not
360intended.
361     Section 7.  Subsection (3) of section 206.608, Florida
362Statutes, is amended to read:
363     206.608  State Comprehensive Enhanced Transportation System
364Tax; deposit of proceeds; distribution.-Moneys received pursuant
365to ss. 206.41(1)(f) and 206.87(1)(d) shall be deposited in the
366Fuel Tax Collection Trust Fund, and, after deducting the service
367charge imposed in chapter 215 and administrative costs incurred
368by the department in collecting, administering, enforcing, and
369distributing the tax, which administrative costs may not exceed
3702 percent of collections, shall be distributed as follows:
371     (3)  For the 2010-2011 fiscal year only, and
372notwithstanding the provisions of subsection (2), the remaining
373proceeds of the tax levied pursuant to s. 206.41(1)(f) and all
374of the proceeds from the tax imposed by s. 206.87(1)(d) shall be
375transferred into the State Transportation Trust Fund and shall
376be used for the purposes stated in s. 339.08. This subsection
377paragraph expires July 1, 2011.
378Reviser's note.-Amended to confirm substitution by the
379editors of the word "subsection" for the word
380"paragraph" to conform to the structure of the
381section.
382     Section 8.  Subsection (1) of section 213.67, Florida
383Statutes, is amended to read:
384     213.67  Garnishment.-
385     (1)  If a person is delinquent in the payment of any taxes,
386penalties, and interest owed to the department, the executive
387director or his or her designee may give notice of the amount of
388such delinquency by registered mail, by personal service, or by
389electronic means, including, but not limited to, facsimile
390transmissions, electronic data interchange, or use of the
391Internet, to all persons having in their possession or under
392their control any credits or personal property, exclusive of
393wages, belonging to the delinquent taxpayer, or owing any debts
394to such delinquent taxpayer at the time of receipt by them of
395such notice. Thereafter, any person who has been notified may
396not transfer or make any other disposition of such credits,
397other personal property, or debts until the executive director
398or his or her designee consents to a transfer or disposition or
399until 60 days after the receipt of such notice. However, the
400credits, other personal property, or debts that exceed the
401delinquent amount stipulated in the notice are not subject to
402this section, wherever held, if the taxpayer does not have a
403prior history of tax delinquencies. If during the effective
404period of the notice to withhold, any person so notified makes
405any transfer or disposition of the property or debts required to
406be withheld under this section, he or she is liable to the state
407for any indebtedness owed to the department by the person with
408respect to whose obligation the notice was given to the extent
409of the value of the property or the amount of the debts thus
410transferred or paid if, solely by reason of such transfer or
411disposition, the state is unable to recover the indebtedness of
412the person with respect to whose obligation the notice was
413given. If the delinquent taxpayer contests the intended levy in
414circuit court or under chapter 120, the notice under this
415section remains effective until that final resolution of the
416contest. Any financial institution receiving such notice will
417maintain a right of setoff for any transaction involving a debit
418card occurring on or before the date of receipt of such notice.
419Reviser's note.-Amended to confirm insertion of the
420word "by" by the editors.
421     Section 9.  Section 283.30, Florida Statutes, is amended to
422read:
423     283.30  Definitions.-As used in this chapter part, unless
424the context clearly requires otherwise, the term:
425     (1)  "Agency" means any official, officer, department,
426board, commission, division, bureau, section, district, office,
427authority, committee, or council, or any other unit of
428organization, however designated, of the executive branch of
429state government, and the Public Service Commission.
430     (2)  "Department" means the Department of Management
431Services.
432     (3)  "Duplicating" means the process of reproducing an
433image or images from an original to a final substrate through
434the electrophotographic, xerographic, laser, or offset process
435or any combination of these processes, by which an operator can
436make more than one copy without rehandling the original.
437     (4)  "Printing" is the transfer of an image or images by
438the use of ink or similar substance from an original image to
439the final substrate through the process of letterpress, offset
440lithography, gravure, screen printing, or engraving. Printing
441shall include the process of and the materials used in binding.
442Printing shall also include duplicating when used to produce
443publications.
444     (5)  "Public" means those entities and persons other than
445subordinate and functionally related or connected federal,
446state, or local governmental agencies.
447     (6)  "Publication" means any document, whether produced for
448public or internal distribution.
449Reviser's note.-Amended to conform to the fact that
450chapter 283 is not divided into parts.
451     Section 10.  Subsection (3) of section 283.33, Florida
452Statutes, is amended to read:
453     283.33  Printing of publications; lowest bidder awards.-
454     (3)  Except as otherwise provided for in this chapter part,
455a contract for printing of a publication shall be subject to,
456when applicable, the definitions in s. 287.012, and shall be
457considered a commodity for that purpose.
458Reviser's note.-Amended to conform to the fact that
459chapter 283 is not divided into parts.
460     Section 11.  Section 283.43, Florida Statutes, is amended
461to read:
462     283.43  Public information printing services.-Any agency
463the authorized functions of which include public information
464programs is authorized to purchase, pursuant to this chapter
465part and subject to its appropriation and any other limitations
466imposed by law, typesetting, printing, and media distribution
467services, when the purchase of such services would be less
468costly than the performance of the same services directly by the
469agency or when such services are beyond the production
470limitations established by agency guidelines.
471Reviser's note.-Amended to conform to the fact that
472chapter 283 is not divided into parts.
473     Section 12.  Paragraph (g) of subsection (1) of section
474285.710, Florida Statutes, is amended to read:
475     285.710  Compact authorization.-
476     (1)  As used in this section, the term:
477     (g)  "Tribe" means the Seminole Tribe of Florida or any
478affiliate thereof conducting activities pursuant to the compact
479under the authority of the Seminole Tribe of Florida have the
480same meaning as provided in s. 285.711.
481Reviser's note.-Amended to delete extraneous language;
482s. 285.711 was repealed by s. 2, ch. 2010-29, Laws of
483Florida.
484     Section 13.  Subsection (10) of section 288.0659, Florida
485Statutes, is amended to read:
486     288.0659  Local Government Distressed Area Matching Grant
487Program.-
488     (10)  Up to 2 percent of the funds appropriated annually by
489be the Legislature for the program may be used by the office for
490direct administrative costs associated with implementing this
491section.
492Reviser's note.-Amended to confirm substitution by the
493editors of the word "by" for the word "be" to conform
494to context.
495     Section 14.  Paragraph (b) of subsection (3) of section
496288.106, Florida Statutes, is amended to read:
497     288.106  Tax refund program for qualified target industry
498businesses.-
499     (3)  TAX REFUND; ELIGIBLE AMOUNTS.-
500     (b)1.  Upon approval by the office, a qualified target
501industry business shall be allowed tax refund payments equal to
502$3,000 multiplied by the number of jobs specified in the tax
503refund agreement under subparagraph (5)(a)1., or equal to $6,000
504multiplied by the number of jobs if the project is located in a
505rural community or an enterprise zone.
506     2.  A qualified target industry business shall be allowed
507additional tax refund payments equal to $1,000 multiplied by the
508number of jobs specified in the tax refund agreement under
509subparagraph (5)(a)1. if such jobs pay an annual average wage of
510at least 150 percent of the average private sector wage in the
511area, or equal to $2,000 multiplied by the number of jobs if
512such jobs pay an annual average wage of at least 200 percent of
513the average private sector wage in the area.
514     3.  A qualified target industry business shall be allowed
515tax refund payments in addition to the other payments authorized
516in this paragraph equal to $1,000 multiplied by the number of
517jobs specified in the tax refund agreement under subparagraph
518(5)(a)1. (4)(a)1. if the local financial support is equal to
519that of the state's incentive award under subparagraph 1.
520     4.  In addition to the other tax refund payments authorized
521in this paragraph, a qualified target industry business shall be
522allowed a tax refund payment equal to $2,000 multiplied by the
523number of jobs specified in the tax refund agreement under
524subparagraph (5)(a)1. (4)(a)1. if the business:
525     a.  Falls within one of the high-impact sectors designated
526under s. 288.108; or
527     b.  Increases exports of its goods through a seaport or
528airport in the state by at least 10 percent in value or tonnage
529in each of the years that the business receives a tax refund
530under this section. For purposes of this sub-subparagraph,
531seaports in the state are limited to the ports of Jacksonville,
532Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
533Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
534Pensacola, Fernandina, and Key West.
535Reviser's note.-Amended to confirm substitution by the
536editors of references to subparagraph (5)(a)1. for
537references to subparagraph (4)(a)1. to conform to the
538redesignation of subsections in s. 288.106 by s. 1,
539ch. 2010-136, Laws of Florida.
540     Section 15.  Subsection (4) of section 288.9604, Florida
541Statutes, is amended to read:
542     288.9604  Creation of the authority.-
543     (4)  The board may remove a director for inefficiency,
544neglect of duty, or misconduct in office only after a hearing
545and only if he or she has been given a copy of the charges at
546least 10 days before such hearing and has had an opportunity to
547be heard in person or by counsel. The removal of a director
548shall create a vacancy on the board which shall be filled
549pursuant to subsection (2) (4).
550Reviser's note.-Amended to conform to the location of
551material relating to the procedure for filling
552vacancies.
553     Section 16.  Paragraph (c) of subsection (8) of section
554316.008, Florida Statutes, is amended to read:
555     316.008  Powers of local authorities.-
556     (8)
557     (c)  Pursuant to s. 316.0083, a county or municipality may
558use traffic infraction detectors to enforce a s. 316.074(1) or
559s. 316.075(1)(c)1. when a driver fails to stop at a traffic
560signal on state roads under the original jurisdiction of the
561Department of Transportation when permitted by the Department of
562Transportation.
563Reviser's note.-Amended to confirm deletion of the
564word "a" by the editors.
565     Section 17.  Paragraph (f) of subsection (8) of section
566319.30, Florida Statutes, is amended to read:
567     319.30  Definitions; dismantling, destruction, change of
568identity of motor vehicle or mobile home; salvage.-
569     (8)
570     (f)  This section does not authorize any person who is
571engaged in the business of recovering, towing, or storing
572vehicles pursuant to s. 713.78, and who is claiming a lien for
573performing labor or services on a motor vehicle or mobile home
574pursuant to s. 713.58, or is claiming that a motor vehicle or
575mobile home has remained on any premises after tenancy has
576terminated pursuant to s. 715.104, to use a derelict motor
577vehicle certificate application for the purpose of transporting,
578selling, disposing of, or delivering a motor vehicle to a
579salvage motor vehicle dealer or secondary metals recycler
580without obtaining the title or certificate of destruction
581required under s. 713.58, s. 713.78, or s. 715.104.
582Reviser's note.-Amended to confirm insertion of the
583word "of" by the editors.
584     Section 18.  Subsection (10) of section 320.03, Florida
585Statutes, is amended to read:
586     320.03  Registration; duties of tax collectors;
587International Registration Plan.-
588     (10)  Jurisdiction over the electronic filing system for
589use by authorized electronic filing system agents to
590electronically title or register motor vehicles, vessels, mobile
591homes, or off-highway vehicles; issue or transfer registration
592license plates or decals; electronically transfer fees due for
593the title and registration process; and perform inquiries for
594title, registration, and lienholder verification and
595certification of service providers is expressly preempted to the
596state, and the department shall have regulatory authority over
597the system. The electronic filing system shall be available for
598use statewide and applied uniformly throughout the state. An
599entity that, in the normal course of its business, sells
600products that must be titled or registered, provides title and
601registration services on behalf of its consumers and meets all
602established requirements may be an authorized electronic filing
603system agent and shall not be precluded from participating in
604the electronic filing system in any county. Upon request from a
605qualified entity, the tax collector shall appoint the entity as
606an authorized electronic filing system agent for that county.
607The department shall adopt rules in accordance with chapter 120
608to replace the December 10, 2009, program standards and to
609administer the provisions of this section, including, but not
610limited to, establishing participation requirements,
611certification of service providers, electronic filing system
612requirements, and enforcement authority for noncompliance. The
613December 10, 2009, program standards, excluding any standards
614which conflict with this subsection paragraph, shall remain in
615effect until the rules are adopted. An authorized electronic
616filing agent may charge a fee to the customer for use of the
617electronic filing system.
618Reviser's note.-Amended to confirm substitution by the
619editors of the word "subsection" for the word
620"paragraph" to conform to context.
621     Section 19.  Paragraph (b) of subsection (4) of section
622321.05, Florida Statutes, is amended to read:
623     321.05  Duties, functions, and powers of patrol officers.-
624The members of the Florida Highway Patrol are hereby declared to
625be conservators of the peace and law enforcement officers of the
626state, with the common-law right to arrest a person who, in the
627presence of the arresting officer, commits a felony or commits
628an affray or breach of the peace constituting a misdemeanor,
629with full power to bear arms; and they shall apprehend, without
630warrant, any person in the unlawful commission of any of the
631acts over which the members of the Florida Highway Patrol are
632given jurisdiction as hereinafter set out and deliver him or her
633to the sheriff of the county that further proceedings may be had
634against him or her according to law. In the performance of any
635of the powers, duties, and functions authorized by law, members
636of the Florida Highway Patrol have the same protections and
637immunities afforded other peace officers, which shall be
638recognized by all courts having jurisdiction over offenses
639against the laws of this state, and have authority to apply for,
640serve, and execute search warrants, arrest warrants, capias, and
641other process of the court. The patrol officers under the
642direction and supervision of the Department of Highway Safety
643and Motor Vehicles shall perform and exercise throughout the
644state the following duties, functions, and powers:
645     (4)
646     (b)  Any person so arrested and released on his or her own
647recognizance by an officer and who fails to appear or respond to
648a notice to appear shall, in addition to the traffic violation
649charge, commits a noncriminal traffic infraction subject to the
650penalty provided in s. 318.18(2).
651Reviser's note.-Amended to confirm deletion of the
652word "shall" by the editors.
653     Section 20.  Subsection (1) of section 327.73, Florida
654Statutes, is amended to read:
655     327.73  Noncriminal infractions.-
656     (1)  Violations of the following provisions of the vessel
657laws of this state are noncriminal infractions:
658     (a)  Section 328.46, relating to operation of unregistered
659and unnumbered vessels.
660     (b)  Section 328.48(4), relating to display of number and
661possession of registration certificate.
662     (c)  Section 328.48(5), relating to display of decal.
663     (d)  Section 328.52(2), relating to display of number.
664     (e)  Section 328.54, relating to spacing of digits and
665letters of identification number.
666     (f)  Section 328.60, relating to military personnel and
667registration of vessels.
668     (g)  Section 328.72(13), relating to operation with an
669expired registration.
670     (h)  Section 327.33(2), relating to careless operation.
671     (i)  Section 327.37, relating to water skiing, aquaplaning,
672parasailing, and similar activities.
673     (j)  Section 327.44, relating to interference with
674navigation.
675     (k)  Violations relating to boating-restricted areas and
676speed limits:
677     1.  Established by the commission or by local governmental
678authorities pursuant to s. 327.46.
679     2.  Speed limits established pursuant to s. 379.2431(2).
680     (l)  Section 327.48, relating to regattas and races.
681     (m)  Section 327.50(1) and (2), relating to required safety
682equipment, lights, and shapes.
683     (n)  Section 327.65, relating to muffling devices.
684     (o)  Section 327.33(3)(b), relating to navigation rules.
685     (p)  Section 327.39(1), (2), (3), and (5), relating to
686personal watercraft.
687     (q)  Section 327.53(1), (2), and (3), relating to marine
688sanitation.
689     (r)  Section 327.53(4), (5), and (7), relating to marine
690sanitation, for which the civil penalty is $250.
691     (s)  Section 327.395, relating to boater safety education.
692     (t)  Section 327.52(3), relating to operation of overloaded
693or overpowered vessels.
694     (u)  Section 327.331, relating to divers-down flags, except
695for violations meeting the requirements of s. 327.33.
696     (v)  Section 327.391(1), relating to the requirement for an
697adequate muffler on an airboat.
698     (w)  Section 327.391(3), relating to the display of a flag
699on an airboat.
700     (x)  Section 253.04(3)(a), relating to carelessly causing
701seagrass scarring, for which the civil penalty upon conviction
702is:
703     1.  For a first offense, $50.
704     2.  For a second offense occurring within 12 months after a
705prior conviction, $250.
706     3.  For a third offense occurring within 36 months after a
707prior conviction, $500.
708     4.  For a fourth or subsequent offense occurring within 72
709months after a prior conviction, $1,000.
710
711Any person cited for a violation of any such provision shall be
712deemed to be charged with a noncriminal infraction, shall be
713cited for such an infraction, and shall be cited to appear
714before the county court. The civil penalty for any such
715infraction is $50, except as otherwise provided in this section.
716Any person who fails to appear or otherwise properly respond to
717a uniform boating citation shall, in addition to the charge
718relating to the violation of the boating laws of this state, be
719charged with the offense of failing to respond to such citation
720and, upon conviction, be guilty of a misdemeanor of the second
721degree, punishable as provided in s. 775.082 or s. 775.083. A
722written warning to this effect shall be provided at the time
723such uniform boating citation is issued.
724
725Any person cited for a violation of any such provision shall be
726deemed to be charged with a noncriminal infraction, shall be
727cited for such an infraction, and shall be cited to appear
728before the county court. The civil penalty for any such
729infraction is $50, except as otherwise provided in this section.
730Any person who fails to appear or otherwise properly respond to
731a uniform boating citation shall, in addition to the charge
732relating to the violation of the boating laws of this state, be
733charged with the offense of failing to respond to such citation
734and, upon conviction, be guilty of a misdemeanor of the second
735degree, punishable as provided in s. 775.082 or s. 775.083. A
736written warning to this effect shall be provided at the time
737such uniform boating citation is issued.
738Reviser's note.-Amended to delete repetition of flush
739left language resulting from an input error in
740compilation of the section for the 2010 Florida
741Statutes.
742     Section 21.  Paragraphs (d), (e), (f), and (g) of
743subsection (7) of section 339.135, Florida Statutes, are amended
744to read:
745     339.135  Work program; legislative budget request;
746definitions; preparation, adoption, execution, and amendment.-
747     (7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.-
748     (d)  The department may not transfer any funds for any
749project or project phase between department districts. However,
750a district secretary may agree to a loan of funds to another
751district, if:
752     1.  The funds are used solely to maximize the use or amount
753of funds available to the state;
754     2.  The loan agreement is executed in writing and is signed
755by the district secretaries of the respective districts;
756     3.  Repayment of the loan is to be made within 3 years
757after the date on which the agreement was entered into; and
758     4.  The adopted work program of the district loaning the
759funds would not be substantially impaired if the loan were made,
760according to the district secretary.
761
762The loan constitutes an amendment to the adopted work program
763and is subject to the procedures specified in paragraph (e) (b).
764     (e)  The department may amend the adopted work program to
765transfer fixed capital outlay appropriations for projects within
766the same appropriations category or between appropriations
767categories, including the following amendments which shall be
768subject to the procedures in paragraph (f) (d):
769     1.  Any amendment which deletes any project or project
770phase;
771     2.  Any amendment which adds a project estimated to cost
772over $150,000 in funds appropriated by the Legislature;
773     3.  Any amendment which advances or defers to another
774fiscal year, a right-of-way phase, a construction phase, or a
775public transportation project phase estimated to cost over
776$500,000 in funds appropriated by the Legislature, except an
777amendment advancing or deferring a phase for a period of 90 days
778or less; or
779     4.  Any amendment which advances or defers to another
780fiscal year, any preliminary engineering phase or design phase
781estimated to cost over $150,000 in funds appropriated by the
782Legislature, except an amendment advancing or deferring a phase
783for a period of 90 days or less.
784     (f)1.  Whenever the department proposes any amendment to
785the adopted work program, as defined in subparagraph (e)1. (c)1.
786or subparagraph (e)3. (c)3., which deletes or defers a
787construction phase on a capacity project, it shall notify each
788county affected by the amendment and each municipality within
789the county. The notification shall be issued in writing to the
790chief elected official of each affected county, each
791municipality within the county, and the chair of each affected
792metropolitan planning organization. Each affected county and
793each municipality in the county is encouraged to coordinate with
794each other in order to determine how the amendment affects local
795concurrency management and regional transportation planning
796efforts. Each affected county, and each municipality within the
797county, shall have 14 days to provide written comments to the
798department regarding how the amendment will affect its
799respective concurrency management systems, including whether any
800development permits were issued contingent upon the capacity
801improvement, if applicable. After receipt of written comments
802from the affected local governments, the department shall
803include any written comments submitted by such local governments
804in its preparation of the proposed amendment.
805     2.  Following the 14-day comment period in subparagraph 1.,
806if applicable, whenever the department proposes any amendment to
807the adopted work program, which amendment is defined in
808subparagraph (e)1. (c)1., subparagraph (e)2. (c)2., subparagraph
809(e)3. (c)3., or subparagraph (e)4. (c)4., it shall submit the
810proposed amendment to the Governor for approval and shall
811immediately notify the chairs of the legislative appropriations
812committees, the chairs of the legislative transportation
813committees, and each member of the Legislature who represents a
814district affected by the proposed amendment. It shall also
815notify each metropolitan planning organization affected by the
816proposed amendment, and each unit of local government affected
817by the proposed amendment, unless it provided to each the
818notification required by subparagraph 1. Such proposed amendment
819shall provide a complete justification of the need for the
820proposed amendment.
821     3.  The Governor may not approve a proposed amendment until
82214 days following the notification required in subparagraph 2.
823     4.  If either of the chairs of the legislative
824appropriations committees or the President of the Senate or the
825Speaker of the House of Representatives objects in writing to a
826proposed amendment within 14 days following notification and
827specifies the reasons for such objection, the Governor shall
828disapprove the proposed amendment.
829     (g)  Notwithstanding the requirements in paragraphs (f) (d)
830and (i) (g) and ss. 216.177(2) and 216.351, the secretary may
831request the Executive Office of the Governor to amend the
832adopted work program when an emergency exists, as defined in s.
833252.34(3), and the emergency relates to the repair or
834rehabilitation of any state transportation facility. The
835Executive Office of the Governor may approve the amendment to
836the adopted work program and amend that portion of the
837department's approved budget in the event that the delay
838incident to the notification requirements in paragraph (f) (d)
839would be detrimental to the interests of the state. However, the
840department shall immediately notify the parties specified in
841paragraph (f) (d) and shall provide such parties written
842justification for the emergency action within 7 days of the
843approval by the Executive Office of the Governor of the
844amendment to the adopted work program and the department's
845budget. In no event may the adopted work program be amended
846under the provisions of this subsection without the
847certification by the comptroller of the department that there
848are sufficient funds available pursuant to the 36-month cash
849forecast and applicable statutes.
850Reviser's note.-Amended to conform cross-references to
851the addition of new paragraphs (7)(a) and (b) by s.
85251, ch. 2010-153, Laws of Florida. Paragraph (d) is
853also amended to correct an apparent error; the
854reference to paragraph (b) was substituted for a
855reference to paragraph (c) by s. 47, ch. 2005-152,
856Laws of Florida. The s. 47, ch. 2005-152, substitution
857was erroneous, added as a cross-reference correction
858to conform to a deletion of subsection (a) by an
859earlier version of Senate Bill 2610, which was not in
860the version of the bill that became ch. 2005-152; the
861cross-reference was not updated to conform to that
862change.
863     Section 22.  Paragraph (a) of subsection (17) of section
864341.302, Florida Statutes, is amended to read:
865     341.302  Rail program; duties and responsibilities of the
866department.-The department, in conjunction with other
867governmental entities, including the rail enterprise and the
868private sector, shall develop and implement a rail program of
869statewide application designed to ensure the proper maintenance,
870safety, revitalization, and expansion of the rail system to
871assure its continued and increased availability to respond to
872statewide mobility needs. Within the resources provided pursuant
873to chapter 216, and as authorized under federal law, the
874department shall:
875     (17)  In conjunction with the acquisition, ownership,
876construction, operation, maintenance, and management of a rail
877corridor, have the authority to:
878     (a)  Assume the obligation by contract to forever protect,
879defend, indemnify, and hold harmless the freight rail operator,
880or its successors, from whom the department has acquired a real
881property interest in the rail corridor, and that freight rail
882operator's officers, agents, and employees, from and against any
883liability, cost, and expense, including, but not limited to,
884commuter rail passengers and rail corridor invitees in the rail
885corridor, regardless of whether the loss, damage, destruction,
886injury, or death giving rise to any such liability, cost, or
887expense is caused in whole or in part, and to whatever nature or
888degree, by the fault, failure, negligence, misconduct,
889nonfeasance, or misfeasance of such freight rail operator, its
890successors, or its officers, agents, and employees, or any other
891person or persons whomsoever, provided that such assumption of
892liability of the department by contract shall not in any
893instance exceed the following parameters of allocation of risk:
894     1.  The department may be solely responsible for any loss,
895injury, or damage to commuter rail passengers, or rail corridor
896invitees, or trespassers, regardless of circumstances or cause,
897subject to subparagraphs 2., 3., 4., 5., and 6.
898     2.  In the event of a limited covered accident, the
899authority of the department to protect, defend, and indemnify
900the freight operator for all liability, cost, and expense,
901including punitive or exemplary damages, in excess of the
902deductible or self-insurance retention fund established under
903paragraph (b) and actually in force at the time of the limited
904covered accident exists only if the freight operator agrees,
905with respect to the limited covered accident, to protect,
906defend, and indemnify the department for the amount of the
907deductible or self-insurance retention fund established under
908paragraph (b) and actually in force at the time of the limited
909covered accident.
910     3.  When only one train is involved in an incident, the
911department may be solely responsible for any loss, injury, or
912damage if the train is a department train or other train
913pursuant to subparagraph 4., but only if when an incident occurs
914with only a freight train involved, including incidents with
915trespassers or at grade crossings, the freight rail operator is
916solely responsible for any loss, injury, or damage, except for
917commuter rail passengers and rail corridor invitees.
918     4.  For the purposes of this subsection, any train involved
919in an incident that is neither the department's train nor the
920freight rail operator's train, hereinafter referred to in this
921subsection as an "other train," may be treated as a department
922train, solely for purposes of any allocation of liability
923between the department and the freight rail operator only, but
924only if the department and the freight rail operator share
925responsibility equally as to third parties outside the rail
926corridor who incur loss, injury, or damage as a result of any
927incident involving both a department train and a freight rail
928operator train, and the allocation as between the department and
929the freight rail operator, regardless of whether the other train
930is treated as a department train, shall remain one-half each as
931to third parties outside the rail corridor who incur loss,
932injury, or damage as a result of the incident. The involvement
933of any other train shall not alter the sharing of equal
934responsibility as to third parties outside the rail corridor who
935incur loss, injury, or damage as a result of the incident.
936     5.  When more than one train is involved in an incident:
937     a.  If only a department train and freight rail operator's
938train, or only an other train as described in subparagraph 4.
939and a freight rail operator's train, are involved in an
940incident, the department may be responsible for its property and
941all of its people, all commuter rail passengers, and rail
942corridor invitees, but only if the freight rail operator is
943responsible for its property and all of its people, and the
944department and the freight rail operator each share one-half
945responsibility as to trespassers or third parties outside the
946rail corridor who incur loss, injury, or damage as a result of
947the incident.
948     b.  If a department train, a freight rail operator train,
949and any other train are involved in an incident, the allocation
950of liability between the department and the freight rail
951operator, regardless of whether the other train is treated as a
952department train, shall remain one-half each as to third parties
953outside the rail corridor who incur loss, injury, or damage as a
954result of the incident; the involvement of any other train shall
955not alter the sharing of equal responsibility as to third
956parties outside the rail corridor who incur loss, injury, or
957damage as a result of the incident; and, if the owner, operator,
958or insurer of the other train makes any payment to injured third
959parties outside the rail corridor who incur loss, injury, or
960damage as a result of the incident, the allocation of credit
961between the department and the freight rail operator as to such
962payment shall not in any case reduce the freight rail operator's
963third-party-sharing allocation of one-half under this paragraph
964to less than one-third of the total third party liability.
965     6.  Any such contractual duty to protect, defend,
966indemnify, and hold harmless such a freight rail operator shall
967expressly include a specific cap on the amount of the
968contractual duty, which amount shall not exceed $200 million
969without prior legislative approval, and the department to
970purchase liability insurance and establish a self-insurance
971retention fund in the amount of the specific cap established
972under this subparagraph, provided that:
973     a.  No such contractual duty shall in any case be effective
974nor otherwise extend the department's liability in scope and
975effect beyond the contractual liability insurance and self-
976insurance retention fund required pursuant to this paragraph;
977and
978     b.  The freight rail operator's compensation to the
979department for future use of the department's rail corridor
980shall include a monetary contribution to the cost of such
981liability coverage for the sole benefit of the freight rail
982operator.
983
984Neither the assumption by contract to protect, defend,
985indemnify, and hold harmless; the purchase of insurance; nor the
986establishment of a self-insurance retention fund shall be deemed
987to be a waiver of any defense of sovereign immunity for torts
988nor deemed to increase the limits of the department's or the
989governmental entity's liability for torts as provided in s.
990768.28. The requirements of s. 287.022(1) shall not apply to the
991purchase of any insurance under this subsection. The provisions
992of this subsection shall apply and inure fully as to any other
993governmental entity providing commuter rail service and
994constructing, operating, maintaining, or managing a rail
995corridor on publicly owned right-of-way under contract by the
996governmental entity with the department or a governmental entity
997designated by the department. Notwithstanding any law to the
998contrary, procurement for the construction, operation,
999maintenance, and management of any rail corridor described in
1000this subsection, whether by the department, a governmental
1001entity under contract with the department, or a governmental
1002entity designated by the department, shall be pursuant to s.
1003287.057 and shall include, but not be limited to, criteria for
1004the consideration of qualifications, technical aspects of the
1005proposal, and price. Further, any such contract for design-build
1006shall be procured pursuant to the criteria in s. 337.11(7).
1007Reviser's note.-Amended to confirm insertion of the
1008word "and" by the editors.
1009     Section 23.  Subsection (6) of section 369.317, Florida
1010Statutes, is reenacted to read:
1011     369.317  Wekiva Parkway.-
1012     (6)  The Orlando-Orange County Expressway Authority is
1013hereby granted the authority to act as a third-party acquisition
1014agent, pursuant to s. 259.041 on behalf of the Board of Trustees
1015or chapter 373 on behalf of the governing board of the St. Johns
1016River Water Management District, for the acquisition of all
1017necessary lands, property and all interests in property
1018identified herein, including fee simple or less-than-fee simple
1019interests. The lands subject to this authority are identified in
1020paragraph 10.a., State of Florida, Office of the Governor,
1021Executive Order 03-112 of July 1, 2003, and in Recommendation 16
1022of the Wekiva Basin Area Task Force created by Executive Order
10232002-259, such lands otherwise known as Neighborhood Lakes, a
10241,587+/-acre parcel located in Orange and Lake Counties within
1025Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
1026and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
1027Seminole Woods/Swamp, a 5,353+/-acre parcel located in Lake
1028County within Section 37, Township 19 South, Range 28 East; New
1029Garden Coal; a 1,605+/-acre parcel in Lake County within
1030Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
1031East; Pine Plantation, a 617+/-acre tract consisting of eight
1032individual parcels within the Apopka City limits. The Department
1033of Transportation, the Department of Environmental Protection,
1034the St. Johns River Water Management District, and other land
1035acquisition entities shall participate and cooperate in
1036providing information and support to the third-party acquisition
1037agent. The land acquisition process authorized by this paragraph
1038shall begin no later than December 31, 2004. Acquisition of the
1039properties identified as Neighborhood Lakes, Pine Plantation,
1040and New Garden Coal, or approval as a mitigation bank shall be
1041concluded no later than December 31, 2010. Department of
1042Transportation and Orlando-Orange County Expressway Authority
1043funds expended to purchase an interest in those lands identified
1044in this subsection shall be eligible as environmental mitigation
1045for road construction related impacts in the Wekiva Study Area.
1046If any of the lands identified in this subsection are used as
1047environmental mitigation for road-construction-related impacts
1048incurred by the Department of Transportation or Orlando-Orange
1049County Expressway Authority, or for other impacts incurred by
1050other entities, within the Wekiva Study Area or within the
1051Wekiva parkway alignment corridor, and if the mitigation offsets
1052these impacts, the St. Johns River Water Management District and
1053the Department of Environmental Protection shall consider the
1054activity regulated under part IV of chapter 373 to meet the
1055cumulative impact requirements of s. 373.414(8)(a).
1056     (a)  Acquisition of the land described in this section is
1057required to provide right of way for the Wekiva Parkway, a
1058limited access roadway linking State Road 429 to Interstate 4,
1059an essential component in meeting regional transportation needs
1060to provide regional connectivity, improve safety, accommodate
1061projected population and economic growth, and satisfy critical
1062transportation requirements caused by increased traffic volume
1063growth and travel demands.
1064     (b)  Acquisition of the lands described in this section is
1065also required to protect the surface water and groundwater
1066resources of Lake, Orange, and Seminole counties, otherwise
1067known as the Wekiva Study Area, including recharge within the
1068springshed that provides for the Wekiva River system. Protection
1069of this area is crucial to the long term viability of the Wekiva
1070River and springs and the central Florida region's water supply.
1071Acquisition of the lands described in this section is also
1072necessary to alleviate pressure from growth and development
1073affecting the surface and groundwater resources within the
1074recharge area.
1075     (c)  Lands acquired pursuant to this section that are
1076needed for transportation facilities for the Wekiva Parkway
1077shall be determined not necessary for conservation purposes
1078pursuant to ss. 253.034(6) and 373.089(5) and shall be
1079transferred to or retained by the Orlando-Orange County
1080Expressway Authority or the Department of Transportation upon
1081reimbursement of the full purchase price and acquisition costs.
1082Reviser's note.-Section 44, ch. 2010-205, Laws of
1083Florida, and s. 35, ch. 2010-225, Laws of Florida,
1084amended subsection (6) without publishing paragraphs
1085(a)-(c). Absent affirmative evidence of legislative
1086intent to repeal paragraphs (a)-(c), subsection (6) is
1087reenacted to confirm the omission was not intended.
1088     Section 24.  Paragraph (e) of subsection (7) of section
1089373.036, Florida Statutes, is amended to read:
1090     373.036  Florida water plan; district water management
1091plans.-
1092     (7)  CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.-
1093     (e)  In addition to the elements specified in paragraph
1094(b), the South Florida Water Management District shall include
1095in the consolidated annual report the following elements:
1096     1.  The Lake Okeechobee Protection Program annual progress
1097report required by s. 373.4595(6) 373.4595(3)(g).
1098     2.  The Everglades annual progress reports specified in s.
1099373.4592(4)(d)5., (13), and (14).
1100     3.  The Everglades restoration annual report required by s.
1101373.470(7).
1102     4.  The Everglades Forever Act annual implementation report
1103required by s. 11.80(4).
1104     5.  The Everglades Trust Fund annual expenditure report
1105required by s. 373.45926(3).
1106Reviser's note.-Amended to conform to the location of
1107material requiring annual progress reports in s.
1108373.4595(6).
1109     Section 25.  Section 376.011, Florida Statutes, is amended
1110to read:
1111     376.011  Pollutant Discharge Prevention and Control Act;
1112short title.-Sections 376.011-376.165 376.011-376.17, 376.19-
1113376.21 shall be known as the "Pollutant Discharge Prevention and
1114Control Act."
1115Reviser's note.-Amended to conform to the repeal of s.
1116376.17 by s. 85, ch. 2010-102, Laws of Florida.
1117     Section 26.  Paragraph (c) of subsection (4) of section
1118380.0552, Florida Statutes, is amended to read:
1119     380.0552  Florida Keys Area; protection and designation as
1120area of critical state concern.-
1121     (4)  REMOVAL OF DESIGNATION.-
1122     (c)  After receipt of the state land planning agency report
1123and recommendation, the Administration Commission shall
1124determine whether the requirements have been fulfilled and may
1125remove the designation of the Florida Keys as an area of
1126critical state concern. If the commission removes the
1127designation, it shall initiate rulemaking to repeal any rules
1128relating to such designation within 60 days. If, after receipt
1129of the state land planning agency's report and recommendation,
1130the commission finds that the requirements for recommending
1131removal of designation have not been met, the commission shall
1132provide a written report to the local governments within 30 days
1133after making such a finding detailing the tasks that must be
1134completed by the local government.
1135Reviser's note.-Amended to confirm insertion of the
1136word "to" by the editors.
1137     Section 27.  Paragraph (a) of subsection (18) of section
1138380.503, Florida Statutes, is amended to read:
1139     380.503  Definitions.-As used in ss. 380.501-380.515,
1140unless the context indicates a different meaning or intent:
1141     (18)  "Working waterfront" means:
1142     (a)  A parcel or parcels of land directly used for the
1143purposes of the commercial harvest of marine organisms or
1144saltwater products by state-licensed commercial fishers
1145fishermen, aquaculturists, or business entities, including
1146piers, wharves, docks, or other facilities operated to provide
1147waterfront access to licensed commercial fishers fishermen,
1148aquaculturists, or business entities; or
1149Reviser's note.-Amended pursuant to the directive of
1150the Legislature in s. 1, ch. 93-199, Laws of Florida,
1151to remove gender-specific references applicable to
1152human beings from the Florida Statutes without
1153substantive change in legal effect.
1154     Section 28.  Paragraph (j) of subsection (3) of section
1155381.0065, Florida Statutes, is amended to read:
1156     381.0065  Onsite sewage treatment and disposal systems;
1157regulation.-
1158     (3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.-The
1159department shall:
1160     (j)  Supervise research on, demonstration of, and training
1161on the performance, environmental impact, and public health
1162impact of onsite sewage treatment and disposal systems within
1163this state. Research fees collected under s. 381.0066(2)(l)
1164381.0066(2)(k) must be used to develop and fund hands-on
1165training centers designed to provide practical information about
1166onsite sewage treatment and disposal systems to septic tank
1167contractors, master septic tank contractors, contractors,
1168inspectors, engineers, and the public and must also be used to
1169fund research projects which focus on improvements of onsite
1170sewage treatment and disposal systems, including use of
1171performance-based standards and reduction of environmental
1172impact. Research projects shall be initially approved by the
1173technical review and advisory panel and shall be applicable to
1174and reflect the soil conditions specific to Florida. Such
1175projects shall be awarded through competitive negotiation, using
1176the procedures provided in s. 287.055, to public or private
1177entities that have experience in onsite sewage treatment and
1178disposal systems in Florida and that are principally located in
1179Florida. Research projects shall not be awarded to firms or
1180entities that employ or are associated with persons who serve on
1181either the technical review and advisory panel or the research
1182review and advisory committee.
1183Reviser's note.-Amended to conform to the
1184redesignation of s. 381.0066(2)(k) as s.
1185381.0066(2)(l) by s. 37, ch. 2010-205, Laws of
1186Florida.
1187     Section 29.  Paragraphs (a), (b), and (j) of subsection (2)
1188of section 401.465, Florida Statutes, are amended to read:
1189     401.465  911 public safety telecommunicator certification.-
1190     (2)  PERSONNEL; STANDARDS AND CERTIFICATION.-
1191     (a)  Effective October 1, 2012, any person employed as a
1192911 public safety telecommunicator at a public safety answering
1193point, as defined in s. 365.172(3)(a), must be certified by the
1194department.
1195     (b)  A public safety agency, as defined in s.
1196365.171(3)(d), may employ a 911 public safety telecommunicator
1197trainee for a period not to exceed 12 months if the trainee
1198works under the direct supervision of a certified 911 public
1199safety telecommunicator, as determined by rule of the
1200department, and is enrolled in a public safety telecommunication
1201training program.
1202     (j)  If a person was employed as a 911 public safety
1203telecommunicator, a sworn state-certified law enforcement
1204officer, or a state-certified firefighter before April 1, 2012,
1205he or she must pass the examination administered by the
1206department which measures the competency and proficiency in the
1207subject material of the public safety telecommunication program,
1208as defined in paragraph (1)(c). Upon passage of the examination,
1209the completion of the public safety telecommunication training
1210program shall be waived.
1211Reviser's note.-Amended to confirm insertion of the
1212word "in" by the editors.
1213     Section 30.  Subsection (4) of section 402.7305, Florida
1214Statutes, is amended to read:
1215     402.7305  Department of Children and Family Services;
1216procurement of contractual services; contract management.-
1217     (4)  CONTRACT MONITORING REQUIREMENTS AND PROCESS.-The
1218department shall establish contract monitoring units staffed by
1219career service employees who report to a member of the Selected
1220Exempt Service or Senior Management Service and who have been
1221properly trained to perform contract monitoring. At least one
1222member of the contract monitoring unit must possess specific
1223knowledge and experience in the contract's program area. The
1224department shall establish a contract monitoring process that
1225includes, but is not be limited to, the following requirements:
1226     (a)  Performing a risk assessment at the start of each
1227fiscal year and preparing an annual contract monitoring schedule
1228that considers the level of risk assigned. The department may
1229monitor any contract at any time regardless of whether such
1230monitoring was originally included in the annual contract
1231monitoring schedule.
1232     (b)  Preparing a contract monitoring plan, including
1233sampling procedures, before performing onsite monitoring at
1234external locations of a service provider. The plan must include
1235a description of the programmatic, fiscal, and administrative
1236components that will be monitored on site. If appropriate,
1237clinical and therapeutic components may be included.
1238     (c)  Conducting analyses of the performance and compliance
1239of an external service provider by means of desk reviews if the
1240external service provider will not be monitored on site during a
1241fiscal year.
1242     (d)  Unless the department sets forth in writing the need
1243for an extension, providing a written report presenting the
1244results of the monitoring within 30 days after the completion of
1245the onsite monitoring or desk review.
1246     (e)  Developing and maintaining a set of procedures
1247describing the contract monitoring process.
1248
1249Notwithstanding any other provision of this section, the
1250department shall limit monitoring of a child-caring or child-
1251placing services provider under this subsection to only once per
1252year. Such monitoring may not duplicate administrative
1253monitoring that is included in the survey of a child welfare
1254provider conducted by a national accreditation organization
1255specified under s. 402.7306(1).
1256Reviser's note.-Amended to confirm deletion of the
1257word "be" by the editors.
1258     Section 31.  Subsection (3) of section 403.7032, Florida
1259Statutes, is amended to read:
1260     403.7032  Recycling.-
1261     (3)  Each state agency, K-12 public school, public
1262institution of higher learning, community college, and state
1263university, including all buildings that are occupied by
1264municipal, county, or state employees and entities occupying
1265buildings managed by the Department of Management Services,
1266must, at a minimum, annually report all recycled materials to
1267the county using the department's designated reporting format.
1268Private businesses, other than certified recovered materials
1269dealers, that recycle paper, metals, glass, plastics, textiles,
1270rubber materials, and mulch, are encouraged to report the amount
1271of materials they recycle to the county annually beginning
1272January 1, 2011, using the department's designated reporting
1273format. Using the information provided, the department shall
1274recognize those private businesses that demonstrate outstanding
1275recycling efforts. Notwithstanding any other provision of state
1276or county law, private businesses, other than certified
1277recovered materials dealers, shall not be required to report
1278recycling rates. Cities with less than a population of 2,500 and
1279per capita taxable value less than $48,000 and cities with a per
1280capita taxable value less than $30,000 are exempt from the
1281reporting requirement specified in this subsection paragraph.
1282Reviser's note.-Amended to confirm substitution by the
1283editors of the word "subsection" for the word
1284"paragraph" to conform to the structure of the text.
1285     Section 32.  Subsection (1) of section 403.891, Florida
1286Statutes, is amended to read:
1287     403.891  Water Protection and Sustainability Program Trust
1288Fund of the Department of Environmental Protection.-
1289     (1)  The Water Protection and Sustainability Program Trust
1290Fund is created within the Department of Environmental
1291Protection. The purpose of the trust fund is to implement the
1292Water Protection and Sustainability and Protection Program
1293created in s. 403.890.
1294Reviser's note.-Amended to conform to the name of the
1295program as referenced in s. 403.890.
1296     Section 33.  Paragraph (c) of subsection (5) of section
1297411.01, Florida Statutes, is amended to read:
1298     411.01  School readiness programs; early learning
1299coalitions.-
1300     (5)  CREATION OF EARLY LEARNING COALITIONS.-
1301     (c)  Program expectations.-
1302     1.  The school readiness program must meet the following
1303expectations:
1304     a.  The program must, at a minimum, enhance the age-
1305appropriate progress of each child in attaining the performance
1306standards and outcome measures adopted by the Agency for
1307Workforce Innovation.
1308     b.  The program must provide extended-day and extended-year
1309services to the maximum extent possible without compromising the
1310quality of the program to meet the needs of parents who work.
1311     c.  The program must provide a coordinated professional
1312development system that supports the achievement and maintenance
1313of core competencies by school readiness instructors in helping
1314children attain the performance standards and outcome measures
1315adopted by the Agency for Workforce Innovation.
1316     d.  There must be expanded access to community services and
1317resources for families to help achieve economic self-
1318sufficiency.
1319     e.  There must be a single point of entry and unified
1320waiting list. As used in this sub-subparagraph, the term "single
1321point of entry" means an integrated information system that
1322allows a parent to enroll his or her child in the school
1323readiness program at various locations throughout a county, that
1324may allow a parent to enroll his or her child by telephone or
1325through an Internet website, and that uses a unified waiting
1326list to track eligible children waiting for enrollment in the
1327school readiness program. The Agency for Workforce Innovation
1328shall establish through technology a single statewide
1329information system that each coalition must use for the purposes
1330of managing the single point of entry, tracking children's
1331progress, coordinating services among stakeholders, determining
1332eligibility, tracking child attendance, and streamlining
1333administrative processes for providers and early learning
1334coalitions.
1335     f.  The Agency for Workforce Innovation must consider the
1336access of eligible children to the school readiness program, as
1337demonstrated in part by waiting lists, before approving a
1338proposed increase in payment rates submitted by an early
1339learning coalition. In addition, early learning coalitions shall
1340use school readiness funds made available due to enrollment
1341shifts from school readiness programs to the Voluntary
1342Prekindergarten Education Program for increasing the number of
1343children served in school readiness programs before increasing
1344payment rates.
1345     g.  The program must meet all state licensing guidelines,
1346where applicable.
1347     h.  The program must ensure that minimum standards for
1348child discipline practices are age-appropriate. Such standards
1349must provide that children not be subjected to discipline that
1350is severe, humiliating, or frightening or discipline that is
1351associated with food, rest, or toileting. Spanking or any other
1352form of physical punishment is prohibited.
1353     2.  Each early learning coalition must implement a
1354comprehensive program of school readiness services in accordance
1355with the rules adopted by the agency which enhance the
1356cognitive, social, and physical development of children to
1357achieve the performance standards and outcome measures. At a
1358minimum, these programs must contain the following system
1359support service elements:
1360     a.  Developmentally appropriate curriculum designed to
1361enhance the age-appropriate progress of children in attaining
1362the performance standards adopted by the Agency for Workforce
1363Innovation under subparagraph (4)(d)8.
1364     b.  A character development program to develop basic
1365values.
1366     c.  An age-appropriate screening of each child's
1367development.
1368     d.  An age-appropriate assessment administered to children
1369when they enter a program and an age-appropriate assessment
1370administered to children when they leave the program.
1371     e.  An appropriate staff-to-children ratio, pursuant to s.
1372402.305(4) or s. 402.302(8) or (9) 402.302(7) or (8), as
1373applicable, and as verified pursuant to s. 402.311.
1374     f.  A healthy and safe environment pursuant to s.
1375401.305(5), (6), and (7), as applicable, and as verified
1376pursuant to s. 402.311.
1377     g.  A resource and referral network established under s.
1378411.0101 to assist parents in making an informed choice and a
1379regional Warm-Line under s. 411.01015.
1380
1381The Agency for Workforce Innovation, the Department of
1382Education, and early learning coalitions shall coordinate with
1383the Child Care Services Program Office of the Department of
1384Children and Family Services to minimize duplicating interagency
1385activities pertaining to acquiring and composing data for child
1386care training and credentialing.
1387Reviser's note.-Amended to conform to the
1388redesignation of subsections within s. 402.302 by s.
13891, ch. 2010-158, Laws of Florida.
1390     Section 34.  Subsection (1) of section 435.03, Florida
1391Statutes, is amended to read:
1392     435.03  Level 1 screening standards.-
1393     (1)  All employees required by law to be screened pursuant
1394to this section must undergo background screening as a condition
1395of employment and continued employment which includes, but need
1396not be limited to, employment history checks and statewide
1397criminal correspondence checks through the Department of Law
1398Enforcement, and a check of the Dru Sjodin National Sex Offender
1399Public Website, and may include local criminal records checks
1400through local law enforcement agencies.
1401Reviser's note.-Amended to confirm insertion of the
1402word "and" by the editors.
1403     Section 35.  Paragraph (b) of subsection (1) of section
1404443.091, Florida Statutes, is amended to read:
1405     443.091  Benefit eligibility conditions.-
1406     (1)  An unemployed individual is eligible to receive
1407benefits for any week only if the Agency for Workforce
1408Innovation finds that:
1409     (b)  She or he has registered with the agency for work and
1410subsequently reports to the one-stop career center as directed
1411by the regional workforce board for reemployment services. This
1412requirement does not apply to persons who are:
1413     1.  Non-Florida residents;
1414     2.  On a temporary layoff, as defined in s. 443.036(42);
1415     3.  Union members who customarily obtain employment through
1416though a union hiring hall; or
1417     4.  Claiming benefits under an approved short-time
1418compensation plan as provided in s. 443.1116.
1419Reviser's note.-Amended to confirm substitution by the
1420editors of the word "through" for the word "though" to
1421conform to context.
1422     Section 36.  Subsection (6) of section 443.131, Florida
1423Statutes, is amended to read:
1424     443.131  Contributions.-
1425     (6)  INVALIDITY OF CERTAIN PROVISIONS.-If any provision of
1426this section prevents the state from qualifying for any federal
1427interest relief provisions provided under s. 1202 of the Social
1428Security Act, 42 U.S.C. s. 1322, or prevents employers in this
1429state from qualifying for the limitation on credit reduction as
1430provided under s. 3302(f) of the Federal Unemployment Tax Act,
1431chapter 23 of Title 26 U.S.C. s. 3302(f), that provision is
1432invalid to the extent necessary to maintain qualification for
1433the interest relief provisions and federal unemployment tax
1434credits.
1435Reviser's note.-Amended to conform to the full cite
1436for the Federal Unemployment Tax Act; the act is
1437chapter 23 of Title 26 U.S.C.
1438     Section 37.  Subsection (1) of section 443.141, Florida
1439Statutes, is reenacted to read:
1440     443.141  Collection of contributions and reimbursements.-
1441     (1)  PAST DUE CONTRIBUTIONS AND REIMBURSEMENTS; DELINQUENT,
1442ERRONEOUS, INCOMPLETE, OR INSUFFICIENT REPORTS.-
1443     (a)  Interest.-Contributions or reimbursements unpaid on
1444the date due bear interest at the rate of 1 percent per month
1445from and after that date until payment plus accrued interest is
1446received by the tax collection service provider, unless the
1447service provider finds that the employing unit has good reason
1448for failing to pay the contributions or reimbursements when due.
1449Interest collected under this subsection must be paid into the
1450Special Employment Security Administration Trust Fund.
1451     (b)  Penalty for delinquent, erroneous, incomplete, or
1452insufficient reports.-
1453     1.  An employing unit that fails to file any report
1454required by the Agency for Workforce Innovation or its tax
1455collection service provider, in accordance with rules for
1456administering this chapter, shall pay to the service provider
1457for each delinquent report the sum of $25 for each 30 days or
1458fraction thereof that the employing unit is delinquent, unless
1459the agency or its service provider, whichever required the
1460report, finds that the employing unit has good reason for
1461failing to file the report. The agency or its service provider
1462may assess penalties only through the date of the issuance of
1463the final assessment notice. However, additional penalties
1464accrue if the delinquent report is subsequently filed.
1465     2.a.  An employing unit that files an erroneous,
1466incomplete, or insufficient report with the Agency for Workforce
1467Innovation or its tax collection service provider shall pay a
1468penalty. The amount of the penalty is $50 or 10 percent of any
1469tax due, whichever is greater, but no more than $300 per report.
1470The penalty shall be added to any tax, penalty, or interest
1471otherwise due.
1472     b.  The agency or its tax collection service provider shall
1473waive the penalty if the employing unit files an accurate,
1474complete, and sufficient report within 30 days after a penalty
1475notice is issued to the employing unit. The penalty may not be
1476waived pursuant to this subparagraph more than one time during a
147712-month period.
1478     c.  As used in this subsection, the term "erroneous,
1479incomplete, or insufficient report" means a report so lacking in
1480information, completeness, or arrangement that the report cannot
1481be readily understood, verified, or reviewed. Such reports
1482include, but are not limited to, reports having missing wage or
1483employee information, missing or incorrect social security
1484numbers, or illegible entries; reports submitted in a format
1485that is not approved by the agency or its tax collection service
1486provider; and reports showing gross wages that do not equal the
1487total of the wages of each employee. However, the term does not
1488include a report that merely contains inaccurate data that was
1489supplied to the employer by the employee, if the employer was
1490unaware of the inaccuracy.
1491     3.  Penalties imposed pursuant to this paragraph shall be
1492deposited in the Special Employment Security Administration
1493Trust Fund.
1494     4.  The penalty and interest for a delinquent, erroneous,
1495incomplete, or insufficient report may be waived if the penalty
1496or interest is inequitable. The provisions of s. 213.24(1) apply
1497to any penalty or interest that is imposed under this section.
1498     (c)  Application of partial payments.-If a delinquency
1499exists in the employment record of an employer not in
1500bankruptcy, a partial payment less than the total delinquency
1501amount shall be applied to the employment record as the payor
1502directs. In the absence of specific direction, the partial
1503payment shall be applied to the payor's employment record as
1504prescribed in the rules of the Agency for Workforce Innovation
1505or the state agency providing tax collection services.
1506     (d)  Payments for 2010 Contributions.-For an annual
1507administrative fee not to exceed $5, a contributing employer may
1508pay its quarterly contributions due for wages paid in the first
1509three quarters of 2010 in equal installments if those
1510contributions are paid as follows:
1511     1.  For contributions due for wages paid in the first
1512quarter of 2010, one-fourth of the contributions due must be
1513paid on or before April 30, 2010, one-fourth must be paid on or
1514before July 31, 2010, one-fourth must be paid on or before
1515October 31, 2010, and the remaining one-fourth must be paid on
1516or before December 31, 2010.
1517     2.  In addition to the payments specified in subparagraph
15181., for contributions due for wages paid in the second quarter
1519of 2010, one-third of the contributions due must be paid on or
1520before July 31, 2010, one-third must be paid on or before
1521October 31, 2010, and the remaining one-third must be paid on or
1522before December 31, 2010.
1523     3.  In addition to the payments specified in subparagraphs
15241. and 2., for contributions due for wages paid in the third
1525quarter of 2010, one-half of the contributions due must be paid
1526on or before October 31, 2010, and the remaining one-half must
1527be paid on or before December 31, 2010.
1528     4.  The annual administrative fee not to exceed $5 for the
1529election to pay under the installment method shall be collected
1530at the time the employer makes the first installment payment.
1531The $5 fee shall be segregated from the payment and shall be
1532deposited in the Operating Trust Fund within the Department of
1533Revenue.
1534     5.  Interest does not accrue on any contribution that
1535becomes due for wages paid in the first three quarters of 2010
1536if the employer pays the contribution in accordance with
1537subparagraphs 1.-4. Interest and fees continue to accrue on
1538prior delinquent contributions and commence accruing on all
1539contributions due for wages paid in the first three quarters of
15402010 which are not paid in accordance with subparagraphs 1.-3.
1541Penalties may be assessed in accordance with this chapter. The
1542contributions due for wages paid in the fourth quarter of 2010
1543are not affected by this paragraph and are due and payable in
1544accordance with this chapter.
1545     (e)  Payments for 2011 Contributions.-For an annual
1546administrative fee not to exceed $5, a contributing employer may
1547pay its quarterly contributions due for wages paid in the first
1548three quarters of 2011 in equal installments if those
1549contributions are paid as follows:
1550     1.  For contributions due for wages paid in the first
1551quarter of 2011, one-fourth of the contributions due must be
1552paid on or before April 30, 2011, one-fourth must be paid on or
1553before July 31, 2011, one-fourth must be paid on or before
1554October 31, 2011, and the remaining one-fourth must be paid on
1555or before December 31, 2011.
1556     2.  In addition to the payments specified in subparagraph
15571., for contributions due for wages paid in the second quarter
1558of 2011, one-third of the contributions due must be paid on or
1559before July 31, 2011, one-third must be paid on or before
1560October 31, 2011, and the remaining one-third must be paid on or
1561before December 31, 2011.
1562     3.  In addition to the payments specified in subparagraphs
15631. and 2., for contributions due for wages paid in the third
1564quarter of 2011, one-half of the contributions due must be paid
1565on or before October 31, 2011, and the remaining one-half must
1566be paid on or before December 31, 2011.
1567     4.  The annual administrative fee not to exceed $5 for the
1568election to pay under the installment method shall be collected
1569at the time the employer makes the first installment payment.
1570The $5 fee shall be segregated from the payment and shall be
1571deposited in the Operating Trust Fund within the Department of
1572Revenue.
1573     5.  Interest does not accrue on any contribution that
1574becomes due for wages paid in the first three quarters of 2011
1575if the employer pays the contribution in accordance with
1576subparagraphs 1.-4. Interest and fees continue to accrue on
1577prior delinquent contributions and commence accruing on all
1578contributions due for wages paid in the first three quarters of
15792011 which are not paid in accordance with subparagraphs 1.-3.
1580Penalties may be assessed in accordance with this chapter. The
1581contributions due for wages paid in the fourth quarter of 2011
1582are not affected by this paragraph and are due and payable in
1583accordance with this chapter.
1584     (f)  Adoption of rules.-The Agency for Workforce Innovation
1585and the state agency providing unemployment tax collection
1586services may adopt rules to administer this subsection.
1587Reviser's note.-Section 10, ch. 2010-90, Laws of
1588Florida, and s. 20, ch. 2010-138, Laws of Florida,
1589amended subsection (1) without publishing paragraphs
1590(d) and (e), which were added to subsection (1) by s.
15915, ch. 2010-1, Laws of Florida. Absent affirmative
1592evidence of legislative intent to repeal paragraphs
1593(d) and (e), subsection (1) is reenacted to confirm
1594the omission was not intended.
1595     Section 38.  Subsection (27) of section 479.01, Florida
1596Statutes, is amended to read:
1597     479.01  Definitions.-As used in this chapter, the term:
1598     (27)  "Urban area" has the same meaning as defined in s.
1599334.03(32) 334.03(29).
1600Reviser's note.-Amended to conform to the fact that
1601the term "urban area" is defined in s. 334.03(32); s.
1602334.03(29) defines "sufficiency rating."
1603     Section 39.  Subsection (4) of section 494.00331, Florida
1604Statutes, is amended to read:
1605     494.00331  Loan originator employment.-
1606     (4)  A loan originator that currently has a declaration of
1607intent to engage solely in loan processing on file with the
1608office may withdraw his or her declaration of intent to engage
1609solely in loan processing. The withdrawal of declaration of
1610intent must be on such form as prescribed by commission rule.
1611Reviser's note.-Amended to confirm insertion of the
1612word "be" by the editors.
1613     Section 40.  Subsection (1) of section 497.372, Florida
1614Statutes, is reenacted to read:
1615     497.372  Funeral directing; conduct constituting practice
1616of funeral directing.-
1617     (1)  The practice of funeral directing shall be construed
1618to consist of the following functions, which may be performed
1619only by a licensed funeral director:
1620     (a)  Selling or offering to sell funeral services,
1621embalming, cremation, or other services relating to the final
1622disposition of human remains, including the removal of such
1623remains from the state, on an at-need basis.
1624     (b)  Planning or arranging, on an at-need basis, the
1625details of funeral services, embalming, cremation, or other
1626services relating to the final disposition of human remains,
1627including the removal of such remains from the state, with the
1628family or friends of the decedent or any other person
1629responsible for such services; setting the time of the services;
1630establishing the type of services to be rendered; acquiring the
1631services of the clergy; and obtaining vital information for the
1632filing of death certificates and obtaining of burial transit
1633permits.
1634     (c)  Making, negotiating, or completing the financial
1635arrangements for funeral services, embalming, cremation, or
1636other services relating to the final disposition of human
1637remains, including the removal of such remains from the state,
1638on an at-need basis, except that nonlicensed personnel may
1639assist the funeral director in performing such tasks.
1640     (d)  Directing, being in charge or apparent charge of, or
1641supervising, directly or indirectly, a visitation or viewing.
1642Such functions shall not require that a licensed funeral
1643director be physically present throughout the visitation or
1644viewing, provided that the funeral director is readily available
1645by telephone for consultation.
1646     (e)  Directing, being in charge or apparent charge of, or
1647supervising, directly or indirectly, any funeral service held in
1648a funeral establishment, cemetery, or elsewhere.
1649     (f)  Directing, being in charge or apparent charge of, or
1650supervising, directly or indirectly, any memorial service held
1651prior to or within 72 hours of the burial or cremation, if such
1652memorial service is sold or arranged by a licensee.
1653     (g)  Using in connection with one's name or employment the
1654words or terms "funeral director," "funeral establishment,"
1655"undertaker," "mortician," or any other word, term, title, or
1656picture, or combination of any of the above, that when
1657considered in the context in which used would imply that such
1658person is engaged in the practice of funeral directing or that
1659such person is holding herself or himself out to the public as
1660being engaged in the practice of funeral directing; provided,
1661however, that nothing in this paragraph shall prevent using the
1662name of any owner, officer, or corporate director of a funeral
1663establishment, who is not a licensee, in connection with the
1664name of the funeral establishment with which such individual is
1665affiliated, so long as such individual's affiliation is properly
1666specified.
1667     (h)  Managing or supervising the operation of a funeral
1668establishment, except for administrative matters such as
1669budgeting, accounting and personnel, maintenance of buildings,
1670equipment and grounds, and routine clerical and recordkeeping
1671functions.
1672Reviser's note.-Section 16, ch. 2010-125, Laws of
1673Florida, amended s. 497.372 without publishing
1674paragraphs (d)-(h) of subsection (1). Absent
1675affirmative evidence of legislative intent to repeal
1676paragraphs (d)-(h), subsection (1) is reenacted to
1677confirm the omission was not intended.
1678     Section 41.  Subsection (1) of section 550.334, Florida
1679Statutes, is amended to read:
1680     550.334  Quarter horse racing; substitutions.-
1681     (1)  The operator of any licensed racetrack is authorized
1682to lease such track to any quarter horse racing permitholder
1683located within 35 miles of such track for the conduct of quarter
1684horse racing under this chapter. However, a quarter horse
1685facility located in a county where a referendum was conducted to
1686authorize slot machines pursuant to s. 23, Art. X of the State
1687Constitution is not subject to the mileage restriction if they
1688lease from a licensed racetrack located within a county where a
1689referendum was conducted to authorize slot machines pursuant to
1690s. 23, Art. X of the State Constitution.
1691Reviser's note.-Amended to confirm insertion of the
1692words "was conducted" by the editors to improve
1693clarity.
1694     Section 42.  Paragraph (c) of subsection (2) of section
1695550.3345, Florida Statutes, is amended to read:
1696     550.3345  Conversion of quarter horse permit to a limited
1697thoroughbred permit.-
1698     (2)  Notwithstanding any other provision of law, the holder
1699of a quarter horse racing permit issued under s. 550.334 may,
1700within 1 year after the effective date of this section, apply to
1701the division for a transfer of the quarter horse racing permit
1702to a not-for-profit corporation formed under state law to serve
1703the purposes of the state as provided in subsection (1). The
1704board of directors of the not-for-profit corporation must be
1705comprised of 11 members, 4 of whom shall be designated by the
1706applicant, 4 of whom shall be designated by the Florida
1707Thoroughbred Breeders' Association, and 3 of whom shall be
1708designated by the other 8 directors, with at least 1 of these 3
1709members being an authorized representative of another
1710thoroughbred permitholder in this state. The not-for-profit
1711corporation shall submit an application to the division for
1712review and approval of the transfer in accordance with s.
1713550.054. Upon approval of the transfer by the division, and
1714notwithstanding any other provision of law to the contrary, the
1715not-for-profit corporation may, within 1 year after its receipt
1716of the permit, request that the division convert the quarter
1717horse racing permit to a permit authorizing the holder to
1718conduct pari-mutuel wagering meets of thoroughbred racing.
1719Neither the transfer of the quarter horse racing permit nor its
1720conversion to a limited thoroughbred permit shall be subject to
1721the mileage limitation or the ratification election as set forth
1722under s. 550.054(2) or s. 550.0651. Upon receipt of the request
1723for such conversion, the division shall timely issue a converted
1724permit. The converted permit and the not-for-profit corporation
1725shall be subject to the following requirements:
1726     (c)  After the conversion of the quarter horse racing
1727permit and the issuance of its initial license to conduct pari-
1728mutuel wagering meets of thoroughbred racing, the not-for-profit
1729corporation shall annually apply to the division for a license
1730pursuant to s. 550.5251 550.5251(2)-(5).
1731Reviser's note.-Amended to conform to the amendment of
1732s. 550.5251 by s. 18, ch. 2009-170, Laws of Florida;
1733the current text of s. 550.5251 comprises material
1734formerly in subsections (2), (4), and (5).
1735     Section 43.  Subsection (6) of section 553.77, Florida
1736Statutes, is amended to read:
1737     553.77  Specific powers of the commission.-
1738     (6)  A member of the Florida Building Commission may
1739abstain from voting in any matter before the commission which
1740would inure to the commissioner's special private gain or loss,
1741which the commissioner knows would inure to the special private
1742gain or loss of any principal by whom he or she is retained or
1743to the parent organization or subsidiary of a corporate
1744principal by which he or she is retained, or which he or she
1745knows would inure to the special private gain or loss of a
1746relative or business associate of the commissioner. A
1747commissioner shall abstain from voting under the foregoing
1748circumstances if the matter is before the commission under ss.
1749120.569, 120.60, and 120.80. The commissioner shall, before the
1750vote is taken, publicly state to the assembly the nature of the
1751commissioner's interest in the matter from which he or she is
1752abstaining from voting and, within 15 days after the vote
1753occurs, disclose the nature of his or her other interest as a
1754public record in a memorandum filed with the person responsible
1755for recording the minutes of the meeting, who shall incorporate
1756the memorandum in the minutes.
1757Reviser's note.-Amended pursuant to the directive of
1758the Legislature in s. 1, ch. 93-199, Laws of Florida,
1759to remove gender-specific references applicable to
1760human beings from the Florida Statutes without
1761substantive change in legal effect.
1762     Section 44.  Paragraph (a) of subsection (1) of section
1763624.310, Florida Statutes, is amended to read:
1764     624.310  Enforcement; cease and desist orders; removal of
1765certain persons; fines.-
1766     (1)  DEFINITIONS.-For the purposes of this section, the
1767term:
1768     (a)  "Affiliated party" means any person who directs or
1769participates in the conduct of the affairs of a licensee and who
1770is:
1771     1.  A director, officer, employee, trustee, committee
1772member, or controlling stockholder of a licensee or a subsidiary
1773or service corporation of the licensee, other than a controlling
1774stockholder which is a holding company, or an agent of a
1775licensee or a subsidiary or service corporation of the licensee;
1776     2.  A person who has filed or is required to file a
1777statement or any other information required to be filed under s.
1778628.461 or s. 628.4615;
1779     3.  A stockholder, other than a stockholder that is a
1780holding company of the licensee, who participates in the conduct
1781of the affairs of the licensee;
1782     4.  An independent contractor who:
1783     a.  Renders a written opinion required by the laws of this
1784state under her or his professional credentials on behalf of the
1785licensee, which opinion is reasonably relied on by the
1786department or office in the performance of its duties; or
1787     b.  Affirmatively and knowingly conceals facts, through a
1788written misrepresentation to the department or office, with
1789knowledge that such misrepresentation:
1790     (I)  Constitutes a violation of the insurance code or a
1791lawful rule or order of the department, commission, or office;
1792and
1793     (II)  Directly and materially endangers the ability of the
1794licensee to meet its obligations to policyholders.; or
1795
1796For the purposes of this subparagraph, any representation of
1797fact made by an independent contractor on behalf of a licensee,
1798affirmatively communicated as a representation of the licensee
1799to the independent contractor, shall not be considered a
1800misrepresentation by the independent contractor; or
1801     5.  A third-party marketer who aids or abets a licensee in
1802a violation of the insurance code relating to the sale of an
1803annuity to a person 65 years of age or older.
1804
1805For the purposes of this subparagraph, any representation of
1806fact made by an independent contractor on behalf of a licensee,
1807affirmatively communicated as a representation of the licensee
1808to the independent contractor, shall not be considered a
1809misrepresentation by the independent contractor.
1810Reviser's note.-Amended to improve clarity. Prior to
1811the addition of subparagraph 5. by s. 42, ch. 2010-
1812175, Laws of Florida, the flush left language followed
1813subparagraph 4. The language in question still
1814references subject matter relevant to subparagraph 4.,
1815not subparagraph 5. The reference to "this
1816subparagraph" in the flush left material was in
1817existence prior to the addition of subparagraph 5. and
1818references subparagraph 4.
1819     Section 45.  Subsections (2) and (3) of section 627.4605,
1820Florida Statutes, are amended to read:
1821     627.4605  Replacement notice.-A notice to a current insurer
1822of a replacement of a current life insurance policy is not
1823required in a transaction involving:
1824     (2)  A current policy or contract that is being replaced by
1825the same insurer pursuant to a program filed with and approved
1826by the office; or
1827     (3)  A term conversion privilege that is being exercised
1828among corporate affiliates.
1829Reviser's note.-Amended to confirm insertion of the
1830word "that" by the editors.
1831     Section 46.  Paragraph (a) of subsection (2) of section
1832627.711, Florida Statutes, is amended to read:
1833     627.711  Notice of premium discounts for hurricane loss
1834mitigation; uniform mitigation verification inspection form.-
1835     (2)(a)  The Financial Services Commission shall develop by
1836rule a uniform mitigation verification inspection form that
1837shall be used by all insurers when submitted by policyholders
1838for the purpose of factoring discounts for wind insurance. In
1839developing the form, the commission shall seek input from
1840insurance, construction, and building code representatives.
1841Further, the commission shall provide guidance as to the length
1842of time the inspection results are valid. An insurer shall
1843accept as valid a uniform mitigation verification form or signed
1844by the following authorized mitigation inspectors:
1845     1.  A home inspector licensed under s. 468.8314 who has
1846completed at least 3 hours of hurricane mitigation training
1847which includes hurricane mitigation techniques and compliance
1848with the uniform mitigation verification form and completion of
1849a proficiency exam. Thereafter, home inspectors licensed under
1850s. 468.8314 must complete at least 2 hours of continuing
1851education, as part of the existing licensure renewal
1852requirements each year, related to mitigation inspection and the
1853uniform mitigation form;
1854     2.  A building code inspector certified under s. 468.607;
1855     3.  A general, building, or residential contractor licensed
1856under s. 489.111;
1857     4.  A professional engineer licensed under s. 471.015;
1858     5.  A professional architect licensed under s. 481.213; or
1859     6.  Any other individual or entity recognized by the
1860insurer as possessing the necessary qualifications to properly
1861complete a uniform mitigation verification form.
1862Reviser's note.-Amended to confirm deletion of the
1863word "or" by the editors.
1864     Section 47.  Subsection (7) of section 633.081, Florida
1865Statutes, is amended to read:
1866     633.081  Inspection of buildings and equipment; orders;
1867firesafety inspection training requirements; certification;
1868disciplinary action.-The State Fire Marshal and her or his
1869agents shall, at any reasonable hour, when the State Fire
1870Marshal has reasonable cause to believe that a violation of this
1871chapter or s. 509.215, or a rule promulgated thereunder, or a
1872minimum firesafety code adopted by a local authority, may exist,
1873inspect any and all buildings and structures which are subject
1874to the requirements of this chapter or s. 509.215 and rules
1875promulgated thereunder. The authority to inspect shall extend to
1876all equipment, vehicles, and chemicals which are located within
1877the premises of any such building or structure.
1878     (7)  The Division of State Fire Marshal and the Florida
1879Building Code Administrators and Inspectors Board, established
1880pursuant to under s. 468.605, shall enter into a reciprocity
1881agreement to facilitate joint recognition of continuing
1882education recertification hours for certificateholders licensed
1883under s. 468.609 and firesafety inspectors certified under
1884subsection (2).
1885Reviser's note.-Amended to confirm deletion of the
1886word "under" by the editors.
1887     Section 48.  Subsection (4) of section 677.105, Florida
1888Statutes, is amended to read:
1889     677.105  Reissuance in alternative medium.-
1890     (4)  Upon issuance of an electronic document of title in
1891substitution for a tangible document of title in is accordance
1892with subsection (3):
1893     (a)  The tangible document ceases to have any effect or
1894validity; and
1895     (b)  The person that procured issuance of the electronic
1896document warrants to all subsequent persons entitled under the
1897electronic document that the warrantor was a person entitled
1898under the tangible document when the warrantor surrendered
1899possession of the tangible document to the issuer.
1900Reviser's note.-Amended to confirm substitution by the
1901editors of the word "in" for the word "is" to improve
1902clarity; the prototype uniform act uses "in."
1903     Section 49.  Subsection (12) of section 718.111, Florida
1904Statutes, is reenacted to read:
1905     718.111  The association.-
1906     (12)  OFFICIAL RECORDS.-
1907     (a)  From the inception of the association, the association
1908shall maintain each of the following items, if applicable, which
1909shall constitute the official records of the association:
1910     1.  A copy of the plans, permits, warranties, and other
1911items provided by the developer pursuant to s. 718.301(4).
1912     2.  A photocopy of the recorded declaration of condominium
1913of each condominium operated by the association and of each
1914amendment to each declaration.
1915     3.  A photocopy of the recorded bylaws of the association
1916and of each amendment to the bylaws.
1917     4.  A certified copy of the articles of incorporation of
1918the association, or other documents creating the association,
1919and of each amendment thereto.
1920     5.  A copy of the current rules of the association.
1921     6.  A book or books which contain the minutes of all
1922meetings of the association, of the board of administration, and
1923of unit owners, which minutes must be retained for at least 7
1924years.
1925     7.  A current roster of all unit owners and their mailing
1926addresses, unit identifications, voting certifications, and, if
1927known, telephone numbers. The association shall also maintain
1928the electronic mailing addresses and the numbers designated by
1929unit owners for receiving notice sent by electronic transmission
1930of those unit owners consenting to receive notice by electronic
1931transmission. The electronic mailing addresses and telephone
1932numbers must be removed from association records if consent to
1933receive notice by electronic transmission is revoked. However,
1934the association is not liable for an erroneous disclosure of the
1935electronic mail address or the number for receiving electronic
1936transmission of notices.
1937     8.  All current insurance policies of the association and
1938condominiums operated by the association.
1939     9.  A current copy of any management agreement, lease, or
1940other contract to which the association is a party or under
1941which the association or the unit owners have an obligation or
1942responsibility.
1943     10.  Bills of sale or transfer for all property owned by
1944the association.
1945     11.  Accounting records for the association and separate
1946accounting records for each condominium which the association
1947operates. All accounting records shall be maintained for at
1948least 7 years. Any person who knowingly or intentionally defaces
1949or destroys accounting records required to be created and
1950maintained by this chapter during the period for which such
1951records are required to be maintained, or who knowingly or
1952intentionally fails to create or maintain such records, with the
1953intent of causing harm to the association or one or more of its
1954members, is personally subject to a civil penalty pursuant to s.
1955718.501(1)(d). The accounting records must include, but are not
1956limited to:
1957     a.  Accurate, itemized, and detailed records of all
1958receipts and expenditures.
1959     b.  A current account and a monthly, bimonthly, or
1960quarterly statement of the account for each unit designating the
1961name of the unit owner, the due date and amount of each
1962assessment, the amount paid upon the account, and the balance
1963due.
1964     c.  All audits, reviews, accounting statements, and
1965financial reports of the association or condominium.
1966     d.  All contracts for work to be performed. Bids for work
1967to be performed are also considered official records and must be
1968maintained by the association.
1969     12.  Ballots, sign-in sheets, voting proxies, and all other
1970papers relating to voting by unit owners, which must be
1971maintained for 1 year from the date of the election, vote, or
1972meeting to which the document relates, notwithstanding paragraph
1973(b).
1974     13.  All rental records if the association is acting as
1975agent for the rental of condominium units.
1976     14.  A copy of the current question and answer sheet as
1977described in s. 718.504.
1978     15.  All other records of the association not specifically
1979included in the foregoing which are related to the operation of
1980the association.
1981     16.  A copy of the inspection report as provided in s.
1982718.301(4)(p).
1983     (b)  The official records of the association must be
1984maintained within the state for at least 7 years. The records of
1985the association shall be made available to a unit owner within
198645 miles of the condominium property or within the county in
1987which the condominium property is located within 5 working days
1988after receipt of a written request by the board or its designee.
1989However, such distance requirement does not apply to an
1990association governing a timeshare condominium. This paragraph
1991may be complied with by having a copy of the official records of
1992the association available for inspection or copying on the
1993condominium property or association property, or the association
1994may offer the option of making the records available to a unit
1995owner electronically via the Internet or by allowing the records
1996to be viewed in electronic format on a computer screen and
1997printed upon request. The association is not responsible for the
1998use or misuse of the information provided to an association
1999member or his or her authorized representative pursuant to the
2000compliance requirements of this chapter unless the association
2001has an affirmative duty not to disclose such information
2002pursuant to this chapter.
2003     (c)  The official records of the association are open to
2004inspection by any association member or the authorized
2005representative of such member at all reasonable times. The right
2006to inspect the records includes the right to make or obtain
2007copies, at the reasonable expense, if any, of the member. The
2008association may adopt reasonable rules regarding the frequency,
2009time, location, notice, and manner of record inspections and
2010copying. The failure of an association to provide the records
2011within 10 working days after receipt of a written request
2012creates a rebuttable presumption that the association willfully
2013failed to comply with this paragraph. A unit owner who is denied
2014access to official records is entitled to the actual damages or
2015minimum damages for the association's willful failure to comply.
2016Minimum damages shall be $50 per calendar day up to 10 days, the
2017calculation to begin on the 11th working day after receipt of
2018the written request. The failure to permit inspection of the
2019association records as provided herein entitles any person
2020prevailing in an enforcement action to recover reasonable
2021attorney's fees from the person in control of the records who,
2022directly or indirectly, knowingly denied access to the records.
2023Any person who knowingly or intentionally defaces or destroys
2024accounting records that are required by this chapter to be
2025maintained during the period for which such records are required
2026to be maintained, or who knowingly or intentionally fails to
2027create or maintain accounting records that are required to be
2028created or maintained, with the intent of causing harm to the
2029association or one or more of its members, is personally subject
2030to a civil penalty pursuant to s. 718.501(1)(d). The association
2031shall maintain an adequate number of copies of the declaration,
2032articles of incorporation, bylaws, and rules, and all amendments
2033to each of the foregoing, as well as the question and answer
2034sheet provided for in s. 718.504 and year-end financial
2035information required in this section, on the condominium
2036property to ensure their availability to unit owners and
2037prospective purchasers, and may charge its actual costs for
2038preparing and furnishing these documents to those requesting the
2039documents. Notwithstanding the provisions of this paragraph, the
2040following records are not accessible to unit owners:
2041     1.  Any record protected by the lawyer-client privilege as
2042described in s. 90.502; and any record protected by the work-
2043product privilege, including any record prepared by an
2044association attorney or prepared at the attorney's express
2045direction; which reflects a mental impression, conclusion,
2046litigation strategy, or legal theory of the attorney or the
2047association, and which was prepared exclusively for civil or
2048criminal litigation or for adversarial administrative
2049proceedings, or which was prepared in anticipation of imminent
2050civil or criminal litigation or imminent adversarial
2051administrative proceedings until the conclusion of the
2052litigation or adversarial administrative proceedings.
2053     2.  Information obtained by an association in connection
2054with the approval of the lease, sale, or other transfer of a
2055unit.
2056     3.  Personnel records of association employees, including,
2057but not limited to, disciplinary, payroll, health, and insurance
2058records.
2059     4.  Medical records of unit owners.
2060     5.  Social security numbers, driver's license numbers,
2061credit card numbers, e-mail addresses, telephone numbers,
2062emergency contact information, any addresses of a unit owner
2063other than as provided to fulfill the association's notice
2064requirements, and other personal identifying information of any
2065person, excluding the person's name, unit designation, mailing
2066address, and property address.
2067     6.  Any electronic security measure that is used by the
2068association to safeguard data, including passwords.
2069     7.  The software and operating system used by the
2070association which allows manipulation of data, even if the owner
2071owns a copy of the same software used by the association. The
2072data is part of the official records of the association.
2073     (d)  The association shall prepare a question and answer
2074sheet as described in s. 718.504, and shall update it annually.
2075     (e)1.  The association or its authorized agent is not
2076required to provide a prospective purchaser or lienholder with
2077information about the condominium or the association other than
2078information or documents required by this chapter to be made
2079available or disclosed. The association or its authorized agent
2080may charge a reasonable fee to the prospective purchaser,
2081lienholder, or the current unit owner for providing good faith
2082responses to requests for information by or on behalf of a
2083prospective purchaser or lienholder, other than that required by
2084law, if the fee does not exceed $150 plus the reasonable cost of
2085photocopying and any attorney's fees incurred by the association
2086in connection with the response.
2087     2.  An association and its authorized agent are not liable
2088for providing such information in good faith pursuant to a
2089written request if the person providing the information includes
2090a written statement in substantially the following form: "The
2091responses herein are made in good faith and to the best of my
2092ability as to their accuracy."
2093Reviser's note.-Section 9, ch. 2010-174, amended
2094subsection (12) without publishing paragraphs (d) and
2095(e). Absent affirmative evidence of legislative intent
2096to repeal paragraphs (d) and (e), subsection (12) is
2097reenacted to confirm the omission was not intended.
2098     Section 50.  Paragraph (f) of subsection (7) of section
2099893.055, Florida Statutes, is amended to read:
2100     893.055  Prescription drug monitoring program.-
2101     (7)
2102     (f)  The program manager, upon determining a pattern
2103consistent with the rules established under paragraph (2)(d)
2104(2)(c) and having cause to believe a violation of s.
2105893.13(7)(a)8., (8)(a), or (8)(b) has occurred, may provide
2106relevant information to the applicable law enforcement agency.
2107Reviser's note.-Amended to confirm substitution by the
2108editors of a reference to paragraph (2)(d) for a
2109reference to paragraph (2)(c). Paragraph (2)(d)
2110relates to development of rules; paragraph (2)(c)
2111relates to notification of an implementation date for
2112reporting requirements.
2113     Section 51.  Subsection (4) of section 893.0551, Florida
2114Statutes, is amended to read:
2115     893.0551  Public records exemption for the prescription
2116drug monitoring program.-
2117     (4)  The department shall disclose such confidential and
2118exempt information to the applicable law enforcement agency in
2119accordance with s. 893.055(7)(f) 893.055(7)(b)2. The law
2120enforcement agency may disclose the confidential and exempt
2121information received from the department to a criminal justice
2122agency as defined in s. 119.011 as part of an active
2123investigation that is specific to a violation of s.
2124893.13(7)(a)8., s. 893.13(8)(a), or s. 893.13(8)(b).
2125Reviser's note.-Amended to confirm substitution by the
2126editors of a reference to s. 893.055(7)(f) for a
2127reference to s. 893.055(7)(b)2., which does not exist;
2128paragraph (7)(f) relates to provision of information
2129to law enforcement agencies.
2130     Section 52.  Paragraph (d) of subsection (7) of section
21311002.69, Florida Statutes, is amended to read:
2132     1002.69  Statewide kindergarten screening; kindergarten
2133readiness rates.-
2134     (7)
2135     (d)  A good cause exemption may not be granted to any
2136private prekindergarten provider that has any class I violations
2137or two or more class II violations within the 2 years preceding
2138the provider's or school's request for the exemption. For
2139purposes of this paragraph, class I and class II violations have
2140the same meaning as provided in s. 402.281(4) 402.281(3).
2141Reviser's note.-Amended to conform to the
2142redesignation of s. 402.281(3) as s. 402.281(4) by s.
21437, ch. 2010-210, Laws of Florida.
2144     Section 53.  Paragraph (a) of subsection (4) of section
21451003.428, Florida Statutes, is amended to read:
2146     1003.428  General requirements for high school graduation;
2147revised.-
2148     (4)  Each district school board shall establish standards
2149for graduation from its schools, which must include:
2150     (a)  Successful completion of the academic credit or
2151curriculum requirements of subsections (1) and (2). For courses
2152that require statewide, standardized end-of-course assessments
2153under s. 1008.22(3)(c)2.d. 1008.22(3)(c)2.c., a minimum of 30
2154percent of a student's course grade shall be comprised of
2155performance on the statewide, standardized end-of-course
2156assessment.
2157
2158Each district school board shall adopt policies designed to
2159assist students in meeting the requirements of this subsection.
2160These policies may include, but are not limited to: forgiveness
2161policies, summer school or before or after school attendance,
2162special counseling, volunteers or peer tutors, school-sponsored
2163help sessions, homework hotlines, and study skills classes.
2164Forgiveness policies for required courses shall be limited to
2165replacing a grade of "D" or "F," or the equivalent of a grade of
2166"D" or "F," with a grade of "C" or higher, or the equivalent of
2167a grade of "C" or higher, earned subsequently in the same or
2168comparable course. Forgiveness policies for elective courses
2169shall be limited to replacing a grade of "D" or "F," or the
2170equivalent of a grade of "D" or "F," with a grade of "C" or
2171higher, or the equivalent of a grade of "C" or higher, earned
2172subsequently in another course. The only exception to these
2173forgiveness policies shall be made for a student in the middle
2174grades who takes any high school course for high school credit
2175and earns a grade of "C," "D," or "F" or the equivalent of a
2176grade of "C," "D," or "F." In such case, the district
2177forgiveness policy must allow the replacement of the grade with
2178a grade of "C" or higher, or the equivalent of a grade of "C" or
2179higher, earned subsequently in the same or comparable course. In
2180all cases of grade forgiveness, only the new grade shall be used
2181in the calculation of the student's grade point average. Any
2182course grade not replaced according to a district school board
2183forgiveness policy shall be included in the calculation of the
2184cumulative grade point average required for graduation.
2185Reviser's note.-Amended to conform to the
2186redesignation of subunits in s. 1008.22 as a result of
2187compilation of changes by s. 8, ch. 2010-22, Laws of
2188Florida, and s. 4, ch. 2010-48, Laws of Florida.
2189     Section 54.  Subsection (5) of section 1003.429, Florida
2190Statutes, is amended to read:
2191     1003.429  Accelerated high school graduation options.-
2192     (5)  District school boards may not establish requirements
2193for accelerated 3-year high school graduation options in excess
2194of the requirements in paragraphs (1)(b) and (c). For courses
2195that require statewide, standardized end-of-course assessments
2196under s. 1008.22(3)(c)2.d. 1008.22(3)(c)2.c., a minimum of 30
2197percent of a student's course grade shall be comprised of
2198performance on the statewide, standardized end-of-course
2199assessment.
2200Reviser's note.-Amended to conform to the
2201redesignation of subunits in s. 1008.22 as a result of
2202compilation of changes by s. 8, ch. 2010-22, Laws of
2203Florida, and s. 4, ch. 2010-48, Laws of Florida.
2204     Section 55.  Paragraphs (b) and (c) of subsection (3) of
2205section 1008.34, Florida Statutes, are amended to read:
2206     1008.34  School grading system; school report cards;
2207district grade.-
2208     (3)  DESIGNATION OF SCHOOL GRADES.-
2209     (b)1.  A school's grade shall be based on a combination of:
2210     a.  Student achievement scores, including achievement on
2211all FCAT assessments administered under s. 1008.22(3)(c)1., end-
2212of-course assessments administered under s. 1008.22(3)(c)2.a.,
2213and achievement scores for students seeking a special diploma.
2214     b.  Student learning gains in reading and mathematics as
2215measured by FCAT and end-of-course assessments, as described in
2216s. 1008.22(3)(c)1. and 2.a. Learning gains for students seeking
2217a special diploma, as measured by an alternate assessment tool,
2218shall be included not later than the 2009-2010 school year.
2219     c.  Improvement of the lowest 25th percentile of students
2220in the school in reading and mathematics on the FCAT or end-of-
2221course assessments described in s. 1008.22(3)(c)2.a., unless
2222these students are exhibiting satisfactory performance.
2223     2.  Beginning with the 2009-2010 school year for schools
2224comprised of high school grades 9, 10, 11, and 12, or grades 10,
222511, and 12, 50 percent of the school grade shall be based on a
2226combination of the factors listed in sub-subparagraphs 1.a.-c.
2227and the remaining 50 percent on the following factors:
2228     a.  The high school graduation rate of the school;
2229     b.  As valid data becomes available, the performance and
2230participation of the school's students in College Board Advanced
2231Placement courses, International Baccalaureate courses, dual
2232enrollment courses, and Advanced International Certificate of
2233Education courses; and the students' achievement of national
2234industry certification identified in the Industry Certification
2235Funding List, pursuant to rules adopted by the State Board of
2236Education;
2237     c.  Postsecondary readiness of the school's students as
2238measured by the SAT, ACT, or the common placement test;
2239     d.  The high school graduation rate of at-risk students who
2240scored at Level 2 or lower on the grade 8 FCAT Reading and
2241Mathematics examinations;
2242     e.  As valid data becomes available, the performance of the
2243school's students on statewide standardized end-of-course
2244assessments administered under s. 1008.22(3)(c)2.c. and d.
22451008.22(3)(c)2.b. and c.; and
2246     f.  The growth or decline in the components listed in sub-
2247subparagraphs a.-e. from year to year.
2248     (c)  Student assessment data used in determining school
2249grades shall include:
2250     1.  The aggregate scores of all eligible students enrolled
2251in the school who have been assessed on the FCAT and statewide,
2252standardized end-of-course assessments in courses required for
2253high school graduation, including, beginning with the 2010-2011
2254school year, the end-of-course assessment in Algebra I; and
2255beginning with the 2011-2012 school year, the end-of-course
2256assessments in geometry and Biology; and beginning with the
22572013-2014 school year, on the statewide, standardized end-of-
2258course assessment in civics education at the middle school
2259level.
2260     2.  The aggregate scores of all eligible students enrolled
2261in the school who have been assessed on the FCAT and end-of-
2262course assessments as described in s. 1008.22(3)(c)2.a., and who
2263have scored at or in the lowest 25th percentile of students in
2264the school in reading and mathematics, unless these students are
2265exhibiting satisfactory performance.
2266     3.  The achievement scores and learning gains of eligible
2267students attending alternative schools that provide dropout
2268prevention and academic intervention services pursuant to s.
22691003.53. The term "eligible students" in this subparagraph does
2270not include students attending an alternative school who are
2271subject to district school board policies for expulsion for
2272repeated or serious offenses, who are in dropout retrieval
2273programs serving students who have officially been designated as
2274dropouts, or who are in programs operated or contracted by the
2275Department of Juvenile Justice. The student performance data for
2276eligible students identified in this subparagraph shall be
2277included in the calculation of the home school's grade. As used
2278in this section and s. 1008.341, the term "home school" means
2279the school to which the student would be assigned if the student
2280were not assigned to an alternative school. If an alternative
2281school chooses to be graded under this section, student
2282performance data for eligible students identified in this
2283subparagraph shall not be included in the home school's grade
2284but shall be included only in the calculation of the alternative
2285school's grade. A school district that fails to assign the FCAT
2286and end-of-course assessment as described in s.
22871008.22(3)(c)2.a. scores of each of its students to his or her
2288home school or to the alternative school that receives a grade
2289shall forfeit Florida School Recognition Program funds for 1
2290fiscal year. School districts must require collaboration between
2291the home school and the alternative school in order to promote
2292student success. This collaboration must include an annual
2293discussion between the principal of the alternative school and
2294the principal of each student's home school concerning the most
2295appropriate school assignment of the student.
2296     4.  For schools comprised of high school grades 9, 10, 11,
2297and 12, or grades 10, 11, and 12, the data listed in
2298subparagraphs 1.-3. and the following data as the Department of
2299Education determines such data are valid and available:
2300     a.  The high school graduation rate of the school as
2301calculated by the Department of Education;
2302     b.  The participation rate of all eligible students
2303enrolled in the school and enrolled in College Board Advanced
2304Placement courses; International Baccalaureate courses; dual
2305enrollment courses; Advanced International Certificate of
2306Education courses; and courses or sequence of courses leading to
2307national industry certification identified in the Industry
2308Certification Funding List, pursuant to rules adopted by the
2309State Board of Education;
2310     c.  The aggregate scores of all eligible students enrolled
2311in the school in College Board Advanced Placement courses,
2312International Baccalaureate courses, and Advanced International
2313Certificate of Education courses;
2314     d.  Earning of college credit by all eligible students
2315enrolled in the school in dual enrollment programs under s.
23161007.271;
2317     e.  Earning of a national industry certification identified
2318in the Industry Certification Funding List, pursuant to rules
2319adopted by the State Board of Education;
2320     f.  The aggregate scores of all eligible students enrolled
2321in the school in reading, mathematics, and other subjects as
2322measured by the SAT, the ACT, and the common placement test for
2323postsecondary readiness;
2324     g.  The high school graduation rate of all eligible at-risk
2325students enrolled in the school who scored at Level 2 or lower
2326on the grade 8 FCAT Reading and Mathematics examinations;
2327     h.  The performance of the school's students on statewide
2328standardized end-of-course assessments administered under s.
23291008.22(3)(c)2.c. and d. 1008.22(3)(c)2.b. and c.; and
2330     i.  The growth or decline in the data components listed in
2331sub-subparagraphs a.-h. from year to year.
2332
2333The State Board of Education shall adopt appropriate criteria
2334for each school grade. The criteria must also give added weight
2335to student achievement in reading. Schools designated with a
2336grade of "C," making satisfactory progress, shall be required to
2337demonstrate that adequate progress has been made by students in
2338the school who are in the lowest 25th percentile in reading and
2339mathematics on the FCAT and end-of-course assessments as
2340described in s. 1008.22(3)(c)2.a., unless these students are
2341exhibiting satisfactory performance. Beginning with the 2009-
23422010 school year for schools comprised of high school grades 9,
234310, 11, and 12, or grades 10, 11, and 12, the criteria for
2344school grades must also give added weight to the graduation rate
2345of all eligible at-risk students, as defined in this paragraph.
2346Beginning in the 2009-2010 school year, in order for a high
2347school to be designated as having a grade of "A," making
2348excellent progress, the school must demonstrate that at-risk
2349students, as defined in this paragraph, in the school are making
2350adequate progress.
2351Reviser's note.-Amended to conform to the
2352redesignation of subunits in s. 1008.22 as a result of
2353compilation of changes by s. 8, ch. 2010-22, Laws of
2354Florida, and s. 4, ch. 2010-48, Laws of Florida.
2355     Section 56.  This act shall take effect on the 60th day
2356after adjournment sine die of the session of the Legislature in
2357which enacted.


CODING: Words stricken are deletions; words underlined are additions.

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