Florida Senate - 2013 SB 926
By Senator Detert
28-01370-13 2013926__
1 A bill to be entitled
2 An act relating to the Commission on Ethics; amending
3 ss. 55.10 and 55.202, F.S.; authorizing the commission
4 to acquire liens on real and personal property for
5 certain fines imposed by final order of the
6 commission; amending s. 55.209, F.S.; conforming a
7 cross-reference; amending s. 112.3143, F.S.; providing
8 a definition; providing circumstances under which a
9 state public officer who holds an elective office must
10 disclose certain interests when voting on a matter;
11 prohibiting a state public officer who holds an
12 appointive position from voting upon certain matters;
13 requiring disclosure of certain interests of a state
14 public officer holding an appointive position and a
15 county, municipal, or other local public officer;
16 prohibiting a state public officer holding an
17 appointive position and a county, municipal, or other
18 local public officer from participating in certain
19 matters that would inure to his or her gain or that of
20 others; providing exceptions; amending s. 112.324,
21 F.S.; expanding the authority of the commission to
22 initiate an investigation of an alleged violation or
23 breach of the public trust upon the receipt of a
24 written referral from certain individuals and which
25 seven members of the commission deem sufficient;
26 requiring the transmission of a referral to an alleged
27 violator under certain circumstances; amending s.
28 411.01, F.S.; conforming a cross-reference; providing
29 an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Subsection (8) is added to section 55.10,
34 Florida Statutes, to read:
35 55.10 Judgments, orders, and decrees; lien of all,
36 generally; extension of liens; transfer of liens to other
37 security.—
38 (8) For purposes of this section and s. 55.202, a final
39 order issued by the Commission on Ethics for any fine
40 automatically imposed pursuant to s. 112.3144(5)(e) or s.
41 112.3145(6)(f) shall be treated in the same manner as a
42 judgment, order, or decree issued by a court.
43 Section 2. Section 55.202, Florida Statutes, is amended to
44 read:
45 55.202 Judgments, orders, and decrees; lien on personal
46 property.—
47 (1) A judgment lien securing the unpaid amount of any money
48 judgment may be acquired by the holder of a judgment that is:
49 (a) Enforceable in this state under its laws or the laws of
50 the United States;
51 (b) Entered by an issuing tribunal with respect to a
52 support order being enforced in this state pursuant to chapter
53 88; or
54 (c) Enforceable by operation of law pursuant to s.
55 61.14(6).
56 (2) A judgment lien securing the unpaid amount of any fine
57 described in s. 55.10(8) which is due to the Commission on
58 Ethics may be acquired by the commission.
59 (3)(2) A judgment lien may be acquired on a judgment
60 debtor’s interest in all personal property in this state subject
61 to execution under s. 56.061, other than fixtures, money,
62 negotiable instruments, and mortgages.
63 (a) A judgment lien is acquired by filing a judgment lien
64 certificate in accordance with s. 55.203 with the Department of
65 State after the judgment has become final and if the time to
66 move for rehearing has lapsed, no motion for rehearing is
67 pending, and no stay of the judgment or its enforcement is then
68 in effect. A court may authorize, for cause shown, the filing of
69 a judgment lien certificate before a judgment has become final
70 when the court has authorized the issuance of a writ of
71 execution in the same matter. A judgment lien certificate not
72 filed in compliance with this subsection is permanently void and
73 of no effect.
74 (b) For any lien, warrant, assessment, or judgment
75 collected by the Department of Revenue, a judgment lien may be
76 acquired by filing the judgment lien certificate information or
77 warrant with the Department of State in accordance with
78 subsection (6) (5).
79 (c) For the unpaid amount of any fine described in s.
80 55.10(8) which is due to the Commission on Ethics, a judgment
81 lien may be acquired by filing a copy of the commission’s final
82 order with the Department of State.
83 (d)(c) Except as provided in s. 55.208, the effective date
84 of a judgment lien is the date, including the time of day, of
85 filing the judgment lien certificate or copy of the final order
86 of the Commission on Ethics. Although no lien attaches to
87 property, and a creditor does not become a lien creditor as to
88 liens under chapter 679, until the debtor acquires an interest
89 in the property, priority among competing judgment liens is
90 determined in order of filing date and time.
91 (e)(d) Except as provided in s. 55.204(3), a judgment
92 creditor may file only one effective judgment lien certificate
93 based upon a particular judgment.
94 (4)(3) Except as otherwise provided in s. 55.208, the
95 priority of a judgment lien acquired in accordance with this
96 section or s. 55.204(3) is established at the date and time that
97 the judgment lien certificate or final order of the Commission
98 on Ethics is filed.
99 (5)(4) As used in ss. 55.201-55.209, the terms “holder of a
100 judgment” and “judgment creditor” include the Department of
101 Revenue with respect to a judgment being enforced by the
102 Department of Revenue as the state IV-D agency.
103 (6)(5) Liens, assessments, warrants, or judgments filed
104 pursuant to paragraph (3)(b) (2)(b) may be filed directly into
105 the central database by the Department of Revenue, or its
106 designee as determined by its executive director, through
107 electronic or information data exchange programs approved by the
108 Department of State. Such filings must contain the information
109 set forth in s. 55.203(1).
110 Section 3. Subsection (1) of section 55.209, Florida
111 Statutes, is amended to read:
112 55.209 Department of State; processing fees,
113 responsibilities.—
114 (1) Except for liens, assessments, warrants, or judgments
115 filed electronically as provided in s. 55.202(3)(b)
116 55.202(2)(b), the Department of State shall collect the
117 following nonrefundable processing fees for all documents filed
118 in accordance with ss. 55.201-55.209:
119 (a) For any judgment lien certificate or other documents
120 permitted to be filed, $20.
121 (b) For the certification of any filed document, $10.
122 (c) For copies of judgment lien documents which are
123 produced by the Department of State, $1 per page or part
124 thereof. However, no charge may be collected for copies provided
125 in an online electronic format via the Internet.
126 (d) For indexing a judgment lien by multiple judgment
127 debtor names, $5 per additional name.
128 (e) For each additional facing page attached to a judgment
129 lien certificate or document permitted to be filed, $5.
130 Section 4. Section 112.3143, Florida Statutes, is amended
131 to read:
132 112.3143 Voting conflicts.—
133 (1) As used in this section, the term:
134 (a) “Principal by whom retained” means an individual or
135 entity, other than an agency as defined in s. 112.312(2), that
136 for compensation, salary, pay, consideration, or similar thing
137 of value, has permitted or directed another to act for the
138 individual or entity. The term includes, but is not limited to,
139 one’s client, employer, or master, or the parent, subsidiary, or
140 sibling organization of one’s client, employer, or master.
141 (b)(a) “Public officer” includes any person elected or
142 appointed to hold office in any agency, including any person
143 serving on an advisory body.
144 (c)(b) “Relative” means any father, mother, son, daughter,
145 husband, wife, brother, sister, father-in-law, mother-in-law,
146 son-in-law, or daughter-in-law.
147 (2) A No state public officer holding an elective office is
148 not prohibited from voting in that an official capacity on any
149 matter. However, when any state public officer voting in an
150 official capacity upon any measure that which would inure to the
151 officer’s special private gain or loss; that which he or she
152 knows would inure to the special private gain or loss of any
153 principal by whom the officer is retained or to the parent
154 organization or subsidiary of a corporate principal by which the
155 officer is retained; or that which the officer knows would inure
156 to the special private gain or loss of a relative or business
157 associate of the public officer, the officer shall, within 15
158 days after the vote occurs, disclose the nature of all of his or
159 her interests in the matter, and disclose the nature of all of
160 the interests of his or her principals, relatives, or business
161 associates which are known to him or her, his or her interest as
162 a public record in a memorandum filed with the person
163 responsible for recording the minutes of the meeting, who shall
164 incorporate the memorandum in the minutes.
165 (3)(a) A state public officer holding an appointive
166 position, and a No county, municipal, or other local public
167 officer may not shall vote in an official capacity upon any
168 measure that which would inure to his or her special private
169 gain or loss; that which he or she knows would inure to the
170 special private gain or loss of any principal by whom he or she
171 is retained or to the parent organization or subsidiary of a
172 corporate principal by which he or she is retained, other than
173 an agency as defined in s. 112.312(2); or that which he or she
174 knows would inure to the special private gain or loss of a
175 relative or business associate of the public officer. Such
176 public officer shall, before prior to the vote is being taken,
177 publicly state to the assembly the nature of all of the
178 officer’s interests, and all of the interests of his or her
179 principals, relatives, or business associates which are known to
180 him or her, interest in the matter from which he or she is
181 abstaining from voting and, within 15 days after the vote
182 occurs, disclose the nature of all of his or her interests in
183 the matter, and disclose the nature of all of the interests of
184 his or her principals, relatives, or business associates which
185 are known to him or her, his or her interest as a public record
186 in a memorandum filed with the person responsible for recording
187 the minutes of the meeting, who shall incorporate the memorandum
188 in the minutes.
189 (b) However, a commissioner of a community redevelopment
190 agency created or designated pursuant to s. 163.356 or s.
191 163.357, or an officer of an independent special tax district
192 elected on a one-acre, one-vote basis, is not prohibited from
193 voting, when voting in said capacity.
194 (4) A state public officer holding an appointive position,
195 and a county, municipal, or other local public officer may not
196 No appointed public officer shall participate in any matter that
197 which would inure to the officer’s special private gain or loss;
198 that which the officer knows would inure to the special private
199 gain or loss of any principal by whom he or she is retained or
200 to the parent organization or subsidiary of a corporate
201 principal by which he or she is retained; or that which he or
202 she knows would inure to the special private gain or loss of a
203 relative or business associate of the public officer, without
204 first disclosing the nature of his or her interest in the
205 matter.
206 (5) However, a commissioner of a community redevelopment
207 agency created or designated pursuant to s. 163.356 or s.
208 163.357, or an officer of an independent special tax district
209 elected on a one-acre, one-vote basis, is not prohibited from
210 voting in that capacity, but must make the disclosures provided
211 for in section (3). In addition, the officer may not participate
212 in such a measure without first disclosing the nature of his or
213 her interests and the interests of his or her principal,
214 relative, or business associate in the matter.
215 (a) Such disclosure, indicating the nature of the conflict,
216 shall be made in a written memorandum filed with the person
217 responsible for recording the minutes of the meeting, prior to
218 the meeting in which consideration of the matter will take
219 place, and shall be incorporated into the minutes. Any such
220 memorandum shall become a public record upon filing, shall
221 immediately be provided to the other members of the agency, and
222 shall be read publicly at the next meeting held subsequent to
223 the filing of this written memorandum.
224 (b) In the event that disclosure has not been made prior to
225 the meeting or that any conflict is unknown prior to the
226 meeting, the disclosure shall be made orally at the meeting when
227 it becomes known that a conflict exists. A written memorandum
228 disclosing the nature of the conflict shall then be filed within
229 15 days after the oral disclosure with the person responsible
230 for recording the minutes of the meeting and shall be
231 incorporated into the minutes of the meeting at which the oral
232 disclosure was made. Any such memorandum shall become a public
233 record upon filing, shall immediately be provided to the other
234 members of the agency, and shall be read publicly at the next
235 meeting held subsequent to the filing of this written
236 memorandum.
237 (6)(c) For purposes of this section subsection, the term
238 “participate” means any attempt to influence the decision by
239 oral or written communication to any officer, employee, or
240 member of the agency, whether made by the officer or at the
241 officer’s direction.
242 (7)(5) Whenever a public officer or former public officer
243 is being considered for appointment or reappointment to public
244 office, the appointing body shall consider the number and nature
245 of the memoranda of conflict previously filed under this section
246 by the said officer.
247 Section 5. Subsections (1), (3), (4), (5), (8), and (11) of
248 section 112.324, Florida Statutes, are amended to read:
249 112.324 Procedures on complaints or referrals of
250 violations; public records and meeting exemptions.—
251 (1) Upon a written complaint executed on a form prescribed
252 by the commission and signed under oath or affirmation by any
253 person, The commission shall investigate any alleged violation
254 of this part or any other alleged breach of the public trust
255 within the jurisdiction of the commission as provided in s.
256 8(f), Art. II of the State Constitution, in accordance with
257 procedures set forth herein:
258 (a) Upon receipt of a written complaint executed on a form
259 prescribed by the commission and signed under oath or
260 affirmation by any person; or
261 (b) Upon receipt of a written referral of a possible
262 violation of this part or other possible breach of the public
263 trust from the Governor, the Chief Financial Officer, a state
264 attorney, or the executive director of the Department of Law
265 Enforcement, which seven members of the commission deem
266 sufficient to indicate a breach of the public trust.
267
268 Within 5 days after receipt of a complaint by the commission or
269 within 5 days after determination by the commission that a
270 referral received is deemed sufficient, a copy shall be
271 transmitted to the alleged violator.
272 (3) A preliminary investigation shall be undertaken by the
273 commission of each legally sufficient complaint or referral over
274 which the commission has jurisdiction to determine whether there
275 is probable cause to believe that a violation has occurred. If,
276 upon completion of the preliminary investigation, the commission
277 finds no probable cause to believe that this part has been
278 violated or that any other breach of the public trust has been
279 committed, the commission shall dismiss the complaint or
280 proceeding with the issuance of a public report to the
281 complainant and the alleged violator, stating with particularity
282 its reasons for dismissal of the complaint. At that time, the
283 complaint, the proceeding, and all materials relating to the
284 complaint and proceeding shall become a matter of public record.
285 If the commission finds from the preliminary investigation
286 probable cause to believe that this part has been violated or
287 that any other breach of the public trust has been committed, it
288 shall so notify the complainant and the alleged violator in
289 writing. Such notification and all documents made or received in
290 the disposition of the complaint or proceeding shall then become
291 public records. Upon request submitted to the commission in
292 writing, any person who the commission finds probable cause to
293 believe has violated any provision of this part or has committed
294 any other breach of the public trust shall be entitled to a
295 public hearing. Such person shall be deemed to have waived the
296 right to a public hearing if the request is not received within
297 14 days after following the mailing of the probable cause
298 notification required by this subsection. However, the
299 commission may on its own motion, require a public hearing, may
300 conduct such further investigation as it deems necessary, and
301 may enter into such stipulations and settlements as it finds to
302 be just and in the best interest of the State. The commission is
303 without jurisdiction to, and no respondent may voluntarily or
304 involuntarily, enter into a stipulation or settlement which
305 imposes any penalty, including, but not limited to, a sanction
306 or admonition or any other penalty contained in s. 112.317.
307 Penalties shall be imposed only by the appropriate disciplinary
308 authority as designated in this section.
309 (4) If, in cases pertaining to members of the Legislature,
310 upon completion of a full and final investigation by the
311 commission, the commission finds that there has been a violation
312 of this part or of any provision of s. 8, Art. II of the State
313 Constitution, the commission shall forward a copy of the
314 complaint or referral and its findings by certified mail to the
315 President of the Senate or the Speaker of the House of
316 Representatives, whichever is applicable, who shall refer the
317 matter complaint to the appropriate committee for investigation
318 and action which shall be governed by the rules of its
319 respective house. It shall be the duty of the committee to
320 report its final action upon the matter complaint to the
321 commission within 90 days after of the date of transmittal to
322 the respective house. Upon request of the committee, the
323 commission shall submit a recommendation as to what penalty, if
324 any, should be imposed. In the case of a member of the
325 Legislature, the house in which the member serves shall have the
326 power to invoke the penalty provisions of this part.
327 (5) If, in cases pertaining to complaints against
328 impeachable officers, upon completion of a full and final
329 investigation by the commission, the commission finds that there
330 has been a violation of this part or of any provision of s. 8,
331 Art. II of the State Constitution, and the commission finds that
332 the violation may constitute grounds for impeachment, the
333 commission shall forward a copy of the complaint or referral and
334 its findings by certified mail to the Speaker of the House of
335 Representatives, who shall refer the matter complaint to the
336 appropriate committee for investigation and action which shall
337 be governed by the rules of the House of Representatives. It
338 shall be the duty of the committee to report its final action
339 upon the matter complaint to the commission within 90 days after
340 of the date of transmittal.
341 (8) If, in cases pertaining to complaints other than
342 complaints against impeachable officers or members of the
343 Legislature, upon completion of a full and final investigation
344 by the commission, the commission finds that there has been a
345 violation of this part or of s. 8, Art. II of the State
346 Constitution, it shall be the duty of the commission to report
347 its findings and recommend appropriate action to the proper
348 disciplinary official or body as follows, and such official or
349 body shall have the power to invoke the penalty provisions of
350 this part, including the power to order the appropriate
351 elections official to remove a candidate from the ballot for a
352 violation of s. 112.3145 or s. 8(a) and (i), Art. II of the
353 State Constitution:
354 (a) The President of the Senate and the Speaker of the
355 House of Representatives, jointly, in any case concerning the
356 Public Counsel, members of the Public Service Commission,
357 members of the Public Service Commission Nominating Council, the
358 Auditor General, or the director of the Office of Program Policy
359 Analysis and Government Accountability.
360 (b) The Supreme Court, in any case concerning an employee
361 of the judicial branch.
362 (c) The President of the Senate, in any case concerning an
363 employee of the Senate; the Speaker of the House of
364 Representatives, in any case concerning an employee of the House
365 of Representatives; or the President and the Speaker, jointly,
366 in any case concerning an employee of a committee of the
367 Legislature whose members are appointed solely by the President
368 and the Speaker or in any case concerning an employee of the
369 Public Counsel, Public Service Commission, Auditor General, or
370 Office of Program Policy Analysis and Government Accountability.
371 (d) Except as otherwise provided by this part, the
372 Governor, in the case of any other public officer, public
373 employee, former public officer or public employee, candidate or
374 former candidate, or person who is not a public officer or
375 employee, other than lobbyists and lobbying firms under s.
376 112.3215 for violations of s. 112.3215.
377 (e) The President of the Senate or the Speaker of the House
378 of Representatives, whichever is applicable, in any case
379 concerning a former member of the Legislature who has violated a
380 provision applicable to former members or whose violation
381 occurred while a member of the Legislature.
382 (11) Notwithstanding the provisions of subsections (1)-(8),
383 the commission may, at its discretion, dismiss any complaint or
384 referral at any stage of disposition should it determine that
385 the public interest would not be served by proceeding further,
386 in which case the commission shall issue a public report stating
387 with particularity its reasons for the dismissal.
388 Section 6. Paragraph (a) of subsection (5) of section
389 411.01, Florida Statutes, is amended to read:
390 411.01 School readiness programs; early learning
391 coalitions.—
392 (5) CREATION OF EARLY LEARNING COALITIONS.—
393 (a) Early learning coalitions.—
394 1. Each early learning coalition shall maintain direct
395 enhancement services at the local level and ensure access to
396 such services in all 67 counties.
397 2. The Office of Early Learning shall establish the minimum
398 number of children to be served by each early learning coalition
399 through the coalition’s school readiness program. The office of
400 Early Learning may only approve school readiness plans in
401 accordance with this minimum number. The minimum number must be
402 uniform for every early learning coalition and must:
403 a. Permit 31 or fewer coalitions to be established; and
404 b. Require each coalition to serve at least 2,000 children
405 based upon the average number of all children served per month
406 through the coalition’s school readiness program during the
407 previous 12 months.
408 3. If an early learning coalition would serve fewer
409 children than the minimum number established under subparagraph
410 2., the coalition must merge with another county to form a
411 multicounty coalition. The office of Early Learning shall adopt
412 procedures for merging early learning coalitions, including
413 procedures for the consolidation of merging coalitions, and for
414 the early termination of the terms of coalition members which
415 are necessary to accomplish the mergers. However, the office of
416 Early Learning shall grant a waiver to an early learning
417 coalition to serve fewer children than the minimum number
418 established under subparagraph 2., if:
419 a. The office of Early Learning has determined during the
420 most recent review of the coalition’s school readiness plan, or
421 through monitoring and performance evaluations conducted under
422 paragraph (4)(l), that the coalition has substantially
423 implemented its plan;
424 b. The coalition demonstrates to the office of Early
425 Learning the coalition’s ability to effectively and efficiently
426 implement the Voluntary Prekindergarten Education Program; and
427 c. The coalition demonstrates to the office of Early
428 Learning that the coalition can perform its duties in accordance
429 with law.
430
431 If an early learning coalition fails or refuses to merge as
432 required by this subparagraph, the office of Early Learning may
433 dissolve the coalition and temporarily contract with a qualified
434 entity to continue school readiness and prekindergarten services
435 in the coalition’s county or multicounty region until the office
436 reestablishes the coalition and a new school readiness plan is
437 approved by the office.
438 4. Each early learning coalition shall be composed of at
439 least 15 members but not more than 30 members. The office of
440 Early Learning shall adopt standards establishing within this
441 range the minimum and maximum number of members that may be
442 appointed to an early learning coalition and procedures for
443 identifying which members have voting privileges under
444 subparagraph 6. These standards must include variations for a
445 coalition serving a multicounty region. Each early learning
446 coalition must comply with these standards.
447 5. The Governor shall appoint the chair and two other
448 members of each early learning coalition, who must each meet the
449 same qualifications as private sector business members appointed
450 by the coalition under subparagraph 7.
451 6. Each early learning coalition must include the following
452 member positions; however, in a multicounty coalition, each ex
453 officio member position may be filled by multiple nonvoting
454 members but no more than one voting member shall be seated per
455 member position. If an early learning coalition has more than
456 one member representing the same entity, only one of such
457 members may serve as a voting member:
458 a. A Department of Children and Family Services circuit
459 administrator or his or her designee who is authorized to make
460 decisions on behalf of the department.
461 b. A district superintendent of schools or his or her
462 designee who is authorized to make decisions on behalf of the
463 district.
464 c. A regional workforce board executive director or his or
465 her designee.
466 d. A county health department director or his or her
467 designee.
468 e. A children’s services council or juvenile welfare board
469 chair or executive director, if applicable.
470 f. An agency head of a local licensing agency as defined in
471 s. 402.302, where applicable.
472 g. A president of a community college or his or her
473 designee.
474 h. One member appointed by a board of county commissioners
475 or the governing board of a municipality.
476 i. A central agency administrator, where applicable.
477 j. A Head Start director.
478 k. A representative of private for-profit child care
479 providers, including private for-profit family day care homes.
480 l. A representative of faith-based child care providers.
481 m. A representative of programs for children with
482 disabilities under the federal Individuals with Disabilities
483 Education Act.
484 7. Including the members appointed by the Governor under
485 subparagraph 5., more than one-third of the members of each
486 early learning coalition must be private sector business members
487 who do not have, and none of whose relatives as defined in s.
488 112.3143 has, a substantial financial interest in the design or
489 delivery of the Voluntary Prekindergarten Education Program
490 created under part V of chapter 1002 or the coalition’s school
491 readiness program. To meet this requirement an early learning
492 coalition must appoint additional members. The office of Early
493 Learning shall establish criteria for appointing private sector
494 business members. These criteria must include standards for
495 determining whether a member or relative has a substantial
496 financial interest in the design or delivery of the Voluntary
497 Prekindergarten Education Program or the coalition’s school
498 readiness program.
499 8. A majority of the voting membership of an early learning
500 coalition constitutes a quorum required to conduct the business
501 of the coalition. An early learning coalition board may use any
502 method of telecommunications to conduct meetings, including
503 establishing a quorum through telecommunications if, provided
504 that the public is given proper notice of a telecommunications
505 meeting and reasonable access to observe and, when appropriate,
506 participate.
507 9. A voting member of an early learning coalition may not
508 appoint a designee to act in his or her place, except as
509 otherwise provided in this paragraph. A voting member may send a
510 representative to coalition meetings, but that representative
511 does not have voting privileges. If When a district
512 administrator for the Department of Children and Family Services
513 appoints a designee to an early learning coalition, the designee
514 is the voting member of the coalition, and any individual
515 attending in the designee’s place, including the district
516 administrator, does not have voting privileges.
517 10. Each member of an early learning coalition is subject
518 to ss. 112.313, 112.3135, and 112.3143. For purposes of s.
519 112.3143(3) s. 112.3143(3)(a), each voting member is a local
520 public officer who must abstain from voting when a voting
521 conflict exists.
522 11. For purposes of tort liability, each member or employee
523 of an early learning coalition is shall be governed by s.
524 768.28.
525 12. An early learning coalition serving a multicounty
526 region must include representation from each county.
527 13. Each early learning coalition shall establish terms for
528 all appointed members of the coalition. The terms must be
529 staggered and must be a uniform length that does not exceed 4
530 years per term. Coalition chairs shall be appointed for 4 years
531 in conjunction with their membership on the Early Learning
532 Advisory Council under s. 20.052. Appointed members may serve a
533 maximum of two consecutive terms. If When a vacancy occurs in an
534 appointed position, the coalition must advertise the vacancy.
535 Section 7. This act shall take effect July 1, 2013.