Bill Text: FL S0942 | 2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Florida Statutes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-05-14 - Chapter No. 2014-21 [S0942 Detail]

Download: Florida-2014-S0942-Introduced.html

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       Florida Senate - 2014                                     SB 942
       
       
        
       By Senator Thrasher
       
       
       
       
       
       6-01637-14                                             2014942__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         319.30, 379.2495, 408.9091, 961.05, and 1003.451,
    4         F.S.; to conform to the directive of the Legislature
    5         in section 9 of chapter 2012-116, Laws of Florida,
    6         codified as section 11.242(5)(j), Florida Statutes, to
    7         prepare a reviser’s bill to omit all statutes and
    8         laws, or parts thereof, which grant duplicative,
    9         redundant, or unused rulemaking authority; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (a) of subsection (8) and subsection
   15  (10) of section 319.30, Florida Statutes, are amended to read:
   16         319.30 Definitions; dismantling, destruction, change of
   17  identity of motor vehicle or mobile home; salvage.—
   18         (8)(a) Secondary metals recyclers and salvage motor vehicle
   19  dealers shall return to the department on a monthly basis all
   20  certificates of title and salvage certificates of title that are
   21  required by this section to be obtained. Secondary metals
   22  recyclers and salvage motor vehicle dealers may elect to notify
   23  the department electronically through procedures established by
   24  the department when they receive each motor vehicle or mobile
   25  home, salvage motor vehicle or mobile home, or derelict motor
   26  vehicle with a certificate of title or salvage certificate of
   27  title through procedures established by the department. The
   28  department may adopt rules and establish fees as it deems
   29  necessary or proper for the administration of the electronic
   30  notification service.
   31         (10) The department may adopt rules to implement an
   32  electronic system for issuing salvage certificates of title and
   33  certificates of destruction.
   34         Section 2. Subsection (5) of section 379.2495, Florida
   35  Statutes, is amended to read:
   36         379.2495 Florida Ships-2-Reefs Program; matching grant
   37  requirements.—
   38         (5) The commission is authorized to adopt rules pursuant to
   39  ss. 120.536(1) and 120.54 to address procedures necessary to
   40  administer the matching grants provided in this section.
   41         Section 3. Subsection (11) of section 408.9091, Florida
   42  Statutes, is amended to read:
   43         408.9091 Cover Florida Health Care Access Program.—
   44         (11) RULEMAKING AUTHORITY.—The agency and the Financial
   45  Services Commission may adopt rules pursuant to ss. 120.536(1)
   46  and 120.54 as needed to administer this section.
   47         Section 4. Section 961.05, Florida Statutes, is amended to
   48  read:
   49         961.05 Application for compensation for wrongful
   50  incarceration; administrative expunction; determination of
   51  entitlement to compensation.—
   52         (1) A wrongfully incarcerated person who is eligible for
   53  compensation as defined in this act must initiate his or her
   54  application for compensation as required in this section no more
   55  than 2 years after the original sentencing court enters its
   56  order finding that the person meets the definition of wrongfully
   57  incarcerated person and is eligible for compensation as defined
   58  in this act.
   59         (2) A wrongfully incarcerated person who is eligible for
   60  compensation under the act must apply to the Department of Legal
   61  Affairs. No estate of, or personal representative for, a
   62  decedent is entitled to apply on behalf of the decedent for
   63  compensation for wrongful incarceration.
   64         (3) The Department of Legal Affairs may adopt rules
   65  regarding the forms and procedures related to applications for
   66  compensation under the Victims of Wrongful Incarceration
   67  Compensation Act.
   68         (4) The application must include:
   69         (a) A certified copy of the order vacating the conviction
   70  and sentence;
   71         (b) A certified copy of the original sentencing court’s
   72  order finding the claimant to be a wrongfully incarcerated
   73  person who is eligible for compensation under this act;
   74         (c) Certified copies of the original judgment and sentence;
   75         (d) Documentation demonstrating the length of the sentence
   76  served, including documentation from the Department of
   77  Corrections regarding the person’s admission into and release
   78  from the custody of the Department of Corrections;
   79         (e) Positive proof of identification, including two full
   80  sets of fingerprints administered by a law enforcement agency
   81  and a current form of photo identification, demonstrating that
   82  the person seeking compensation is the same individual who was
   83  wrongfully incarcerated;
   84         (f) All supporting documentation of any fine, penalty, or
   85  court costs imposed and paid by the wrongfully incarcerated
   86  person as described in s. 961.06(1)(c); and
   87         (g) All supporting documentation of any reasonable
   88  attorney’s fees and expenses as described in s. 961.06(1)(d);
   89  and
   90         (h) Any other documentation, evidence, or information
   91  required by rules adopted by the department.
   92         (4)(5) The department shall forward one full set of
   93  fingerprints of the applicant to the Department of Law
   94  Enforcement for statewide criminal records checks. The
   95  Department of Law Enforcement shall forward the second set of
   96  fingerprints to the Federal Bureau of Investigation for national
   97  criminal records checks. The results of the state and national
   98  records checks shall be submitted to the department.
   99         (5)(6) Upon receipt of an application, the department shall
  100  examine the application and notify the claimant within 30
  101  calendar days of any errors or omissions, and request any
  102  additional information relevant to the review of the
  103  application. The claimant shall have 15 days after proper
  104  notification of any existing errors or omissions to supplement
  105  the application. The department may not deny an application for
  106  failure of the claimant to correct an error or omission or
  107  supply additional information unless the department timely
  108  notified the claimant of such errors or omissions or requested
  109  the additional information within the 30-day period specified in
  110  this subsection. The department shall process and review each
  111  completed application within 90 calendar days. Once the
  112  department determines whether a claim for compensation meets the
  113  requirements of this act, the department shall notify the
  114  claimant within 5 business days of that determination.
  115         (6)(7) If the department determines that a claimant meets
  116  the requirements of this act, the wrongfully incarcerated person
  117  who is the subject of the claim becomes entitled to
  118  compensation, subject to the provisions in s. 961.06.
  119         Section 5. Subsection (5) of section 1003.451, Florida
  120  Statutes, is amended to read:
  121         1003.451 Junior Reserve Officers’ Training Corps; military
  122  recruiters; access to public school campuses.—
  123         (5) The State Board of Education may adopt rules under ss.
  124  120.536(1) and 120.54 to administer this section.
  125         Reviser’s note.—Amends or repeals provisions of the Florida
  126         Statutes pursuant to the directive of the Legislature in s.
  127         9, ch. 2012-116, Laws of Florida, codified as section
  128         11.242(5)(j), Florida Statutes, to prepare a reviser’s bill
  129         to omit all statutes and laws, or parts thereof, which
  130         grant duplicative, redundant, or unused rulemaking
  131         authority.
  132         Section 6. This act shall take effect on the 60th day after
  133  adjournment sine die of the session of the Legislature in which
  134  enacted.