2008 REGULAR SESSION

Included in this report are partial summaries, by subject, of bills that passed the House and Senate during the 2008 Regular Session (March 4 – May 2, 2008) that may be of interest to Florida Bar members. During the 2008 Regular Session 2,503 bills were filed. Of that total, 313 bills or approximately 12.5 percent of all bills passed. There were 1,507 bills filed in the Senate, of which 156 passed both chambers. There were 996 bills filed in the House, of which 157 passed both chambers.

This compilation reflects pending and final action by the Governor, and references 2008 Laws of Florida as of June 5, 2008. Information for these summaries was extracted from those bills and from House and Senate “End of Session Reports” – at http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Session&CommitteeId=&Session=2008&DocumentType=End%20of%20Session%20Summaries&FileName=eos2008.pdf and http://www.flsenate.gov/data/Publications/2008/Senate/reports/summaries/pdf/sessionsummary08.pdf respectively.

Again, these are partial summaries of selected bills. Lawyers looking for information in addition to that provided in this report may wish to contact the Florida Legislature’s information service, toll-free, at (800) 342-1827.

Complete bill text — as filed and in final form, plus legislative history and other information — can be found through Online Sunshine via the Internet at the URL location http://www.leg.state.fl.us/.

You may also call The Florida Bar’s Governmental Affairs Office at (850) 561-5661, or access bill text and other legislative information through links on The Florida Bar’s Web site www.flabar.org.

The Department of State will also have the new 2008 laws available online the day after they have been acted on by the Governor. The laws can be found in the “general laws” section of the Department of State’s Internet homepage, accessed via the URL location http://laws.flrules.org/.

Members desiring a copy of particular legislation in its final form may additionally contact: Session Law Chapter Numbers: The Department of State has the new 2008 laws available online, the day after they have been acted on by the Governor, in the “general laws” section of the Department of State’s Web site at http://laws.flrules.org/. Members who need additional information may contact the Department’s Administrative Code Section, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, (850) 245-6271. Senate Bills: Senate Documents, Room 303, The Capitol, Tallahassee 32399-1100, (850) 487-5285. House Bills: House Documents, Room 325, The Capitol, Tallahassee 32399-1300, (850) 488-7475.
The Florida Bar

Francisco R. Angones
President

John G. White III
President-Elect

Jesse H. Diner
President-Elect Designate

John F. Harkness, Jr.
Executive Director

Jesse H. Diner
Chair

Gregory Coleman
Chair-elect
Ramon A. Abadin
Ervin A. Gonzalez
Nancy W. Gregoire
Denise Lyn
Eugene K. Pettis
Lawrence E. Sellers
Murray B. Silverstein

Chief Legislative Counsel
Stephen W. Metz
Tallahassee

Government Affairs
Staff

Paul F. Hill
General Counsel

James Faeh
Student Assistant

Administrative Law
CS/CS/SB 704 - Open Government Act / Administrative Procedures
This bill creates incentives for agencies to promulgate rules rather than rely on unadopted rules to implement their statutory responsibilities, and provides enhancements to the online electronic publication of the Florida Administrative Code. The bill amends provisions of Chapter 120, F.S., as follows: provides that upon notification to the administrative law judge in a rule challenge proceeding that an agency, prior to the final hearing, has published a notice of rulemaking, the notice will operate as an automatic stay of the proceedings pending adoption of the statement as a rule; narrows the circumstances in which an agency may continue to base its action against an individual on unadopted rules; requires a petitioner seeking to challenge an unadopted rule to give notice to the agency that the agency statement at issue may constitute an unadopted rule at least 30 days before the petition is filed; provides that if the agency, within the 30-day time period, publishes notice of rulemaking to address the statement, no attorneys’ fees will be assessed against the agency; provides that in circumstances where the rule challenge is proceeding, but before the final hearing, the administrative law judge is notified that the agency has published notice of rulemaking, the notice shall operate as a stay of the proceedings pending rulemaking (in such instances, the administrative law judge shall award attorney’s fees accrued by the petitioner prior to the date the notice was published, unless the agency proves that it did not know and should not have known that the statement was an unadopted rule); increases the existing attorney fee cap from $15,000 to $50,000; requires that effective July 1, 2010, the Department of State electronically publish the Florida Administrative Code on its Web site to allow for a full text search of the code. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008 except as otherwise provided.

Animal Law
CS/HB 219 - Gertrude Maxwell Save a Pet Act
This bill creates a direct-support organization within the Department of Agriculture and Consumer Services for the purpose of providing grants to animal shelters for spaying and neutering animals, providing grants for shelters and services during times of emergencies, and developing and disseminating pet care education materials. Other provisions not summarized. Approved by the Governor, these provisions take effect May 28, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-72, L.O.F.

Business Law
CS/CS/HB 343 - Financial Services
The bill authorizes financial institutions, insured depository institutions, or other authorized business entities to offer debt cancellation products (e.g., loan, lease, or retail installment contract terms, or modifications to loan, lease, or retail installment contracts, under which a creditor agrees to cancel or suspend all or part of a customer’s obligation to make payments upon the occurrence of specified events) but the purchase of such debt cancellation products may not be used as a condition for making a loan. The bill also authorizes a motor vehicle retail installment seller, sales finance company, or retail lessors, to sell guaranteed asset protection products in conjunction with any new retail installment contract or contract for a loan – offered in accordance with Chapter 520, Retail Installment Sales, and the Financial Service Commission rules – but the purchase of such guaranteed asset protection products also may not be used as a condition for making a loan. Additionally, the bill creates a new insurance product that enables insurers to directly insure, rather than reinsure, banks and other entities against losses resulting from the writing of debt cancellation or debt suspension agreements. The bill removes the limit on the amount and duration of credit life insurance that may be purchased, but the total amount of credit life insurance on any debtor shall not at any time exceed the total amount of indebtedness, under certain circumstances. The bill also amends provisions relating to the capital requirements for new state banks and trust companies. Approved by the Governor, these provisions take effect October 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-75, L.O.F.

CS/HB 419 - Business Entities
This bill amends several statutory provisions relating to Florida business organizations. In particular, the bill: corrects terms related to mergers and conversions to make them consistent throughout the relevant statutes; eliminates duplicative filing requirements for business entities either merging or converting to other forms of business entities; clarifies requirements for the execution of certain certificates of conversion; modifies the management rights of general partners in limited partnerships, to require that all limited partners consent to the expulsion of a limited partner; clarifies that a statement of cancellation is not required to be filed when a certificate of conversion has been filed for that partnership; enables mergers between Florida professional corporations or limited liability companies and out-of-state professional corporations or limited liability companies; and provides that any residue moneys after payment of creditors in the assignments process shall be returned to the assignor debtor. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

HB 5065 - Corporate Income Tax
This bill redefines the term “Internal Revenue Code” within Florida’s Corporate Income Tax Code to mean those provisions of the United States Internal Revenue Code of 1986, as amended, in effect on January 1, 2008. This change is retroactive to January 1, 2008. The bill does not otherwise adopt all changes to the Internal Revenue Code made during 2007: it disallows ss. 102 & 103 of H.R. 5140, the Economic Stimulus Act of 2008, Public Law 110-185 (which grant temporary increases in the expensing and depreciation allowances for certain capital assets put into service during 2008) for purposes of calculating Florida taxable income. The bill also makes changes re periodic estimated payments of a corporation’s annual income tax liability: altering the requirement that payments be made on or before the first day of certain months during a corporation’s taxable year, to require these payments before the first day of the month. Most notably, estimated payments that would otherwise be made on July 1, 2009 will be made in June 2009 and available for appropriation in the state’s 2008-09 fiscal year. The changes regarding estimated tax payments are effective January 1, 2009. Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law and shall apply retroactively to January 1, 2008.

Construction Law
CS/HB 697 - Building Standards
This bill addresses a wide range of building construction issues including Florida Building Code standards, the Florida Building Commission, and energy efficiency standards relating to planning and construction. Major changes related to the Florida Building Code include: allowing licensed roofing contractors to perform additional functions of replacing and removing wood roof sheathing and fascia during re-roofing work; clarifying the definition of “manufactured building” to include the terms “modular” and “factory built” buildings; clarifying that “temporary” buildings are buildings other than those designated permanent in an approved development order; providing language to ensure the preservation of flexibility to achieve a secondary water barrier by allowing more than a single accepted method; repealing s. 627.351(6)(a), F.S., re the date on which code-plus applies as a condition of coverage by Citizens Insurance, and repealing s. 553.731, F.S., re a specified standard for wind resistant construction to be enforced by building officials – which does not affect ss. 553.73(6)-(8), F.S., which permanently prohibited the commission from adopting amendments to the code that diminish the standards pertaining to wind resistance and water intrusion. Also, the bill makes several changes to the structure and process of the Florida Building Commission, the more significant of which allow the commission to render declaratory statements and require at least one opportunity for public comment on proposed action of the commission before a final vote is taken. Additionally, the bill implements certain recommendations of the Florida Energy Commission contained in its “2007 Report to the Legislature,” to include: revised requirements relating to the installation of energy devices based on renewable resources on buildings; requirements that the Florida Building Code facilitate and promote the use of cost-effective energy conserving, energy demand-management, and renewable energy technologies in buildings; and integrating energy efficiency issues into several components of the local government comprehensive plan, which will be due at the next evaluation and appraisal update of each local government’s comprehensive plan. Further, the bill: allows the Florida Building Commission to select the most current version of the International Energy Conservation Code as a foundation code; creates s. 553.9061, F.S., which establishes a progressive schedule – relative to the 2004 Florida Building Code, as amended May 22, 2007 – of required increases in the energy efficiency performance of buildings subject to the Florida Energy Efficiency Code, from 2010 through 2019; adds declarations to the list of deed restrictions, covenants, or other binding agreements which may not prohibit the installation of energy devices based on renewable resources; and specifies that condominium units are residential dwellings for purposes of installation of solar collectors or other energy devices, and removes the three-story height restriction for installation of solar collectors or other energy devices on such residential dwellings. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Consumer Protection Law
CS/HB 643 - Foreclosure Fraud
This bill creates consumer protections for homeowners who are in default on their mortgages, in foreclosure, or at risk of losing their homes due to nonpayment, and such homeowners find themselves securing services from foreclosure-rescue consultants or equity purchasers. In the course of offering or providing foreclosure-related rescue services, a foreclosure rescue consultant is prohibited from: initiating services without first executing a written agreement with the homeowner; or collecting or securing payment before completing or performing all agreed upon services. For homeowners who secure services from foreclosure-rescue consultants, the bill provides that the: nature and specific details of a foreclosure-related rescue services agreement be expressed in writing in 12-point uppercase type; the homeowner be given 1 business day to review the agreement prior to signing; the homeowner be given a 3-business day right to cancel without penalty, which may not be waived by either party; the date of the agreement must not be earlier than the date the homeowner signs; the consultant must return any payments received from the homeowner within 10 days after receipt of a notice of cancellation; and the notice of cancellation must be printed immediately above the signature line in 12-point uppercase type in a specified format. Re homeowners who conduct business with an equity purchaser, the bill provides that: the nature and entire understanding of the transaction be expressed in writing in 12- point uppercase type completed and executed by the parties prior to encumbering or conveying an interest in the residence in foreclosure; a homeowner must receive a copy of the completed agreement within 3 hours after signing; the transaction agreement must state the specifications of any option or right to repurchase the property in foreclosure and must comply with applicable federal regulations; a homeowner may cancel without penalty with notification by 5 p.m. on the third business day after signing the agreement; any money paid by the equity purchaser to the homeowner or by the homeowner to the equity purchaser must be returned at cancellation; the right to cancel may not be waived by either party (at the time an agreement is signed, a notice of the homeowner’s right to cancel is provided); a homeowner with a right to repurchase the property has a 30-day right to cure any default on three separate occasions (this right must be included in the written agreement); an equity purchaser fully assumes or discharges any liens; an equity purchaser must verify and demonstrate that a homeowner with a right to repurchase has the ability to make the required payments in order to exercise the repurchase option; a rebuttable presumption exists that the homeowner has a reasonable ability to make the required payments to repurchase the property, provided the homeowner’s monthly expenses do not exceed 60 percent of the homeowner’s monthly gross income; the price to repurchase must not be unreasonable (a rebuttable presumption arises between the equity purchaser and the homeowner if the repurchase price is greater than 17 percent per annum more than the total amount paid by the equity purchase, except under certain circumstances). The bill also provides that a rebuttable presumption exists solely between the purchaser and the homeowner for any foreclosure rescue transaction involving a lease option or other repurchase agreement that the transaction is a loan and the conveyance from the homeowner to the purchaser is a mortgage. This provision does not apply to a subsequent purchase unless it is recorded. Further, a person who violates any provisions of the bill commits an unfair and deceptive trade practice subject to the penalties and remedies provided in Chapter 501, Part II, F.S., including a monetary penalty up to $15,000. Approved by the Governor, these provisions take effect October 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-79, L.O.F.

CS/HB 743 - Mortgage Fraud
This bill addresses the reassessment of real property involved in the crime of mortgage fraud primarily for profit. The bill creates s. 193.133, F.S., which provides two opportunities for a property appraiser to adjust, if necessary, an assessment of property affected by mortgage fraud, or other fraud involving real property, that may have artificially inflated property values. The bill also increases the criminal penalty for mortgage fraud from a third degree felony to a second degree felony if the loan value exceeds $100,000. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-80, L.O.F.

CS/HB 1037 - Escrow Agents
This bill provides that an unauthorized person may not, in connection with the purchase and sale of real property: transact business using the term “escrow” or words of similar import; or circulate, simulate, or advertise that the business is regulated as an escrow agent. These restrictions do not apply to: certain financial institutions; attorneys; persons licensed pursuant to chapter 475 (real estate brokers, sales associates, schools, and appraisers); title insurance agents licensed pursuant to s. 626.8417, F.S.; a title insurance agency licensed pursuant to s. 626.8418, F.S.; or a title insurer who is authorized to transact business in this state pursuant to s. 624.401, F.S. Any person aggrieved by a violation of the bill provisions may seek a declaratory judgment to recover actual damages, plus attorney’s fees and court costs. Further, a willful violation by any person is a misdemeanor of the first degree. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Corrections
CS/CS/SB 2000 - Correctional Policies
This bill creates a 10-member Correctional Policy Advisory Council within the Legislature to evaluate corrections policies, identify alternative and cost-effective sanctions for low-level drug and property offenders and effective prison reentry practices, and provide recommendations to the Legislature and the Governor. A Justice Reinvestment Subcommittee is also created within the council to work with the Justice Center of the Council of State Governments to review the effectiveness of Florida’s correctional policies. Each year, until 2011 when the council is abolished, the council must provide a report to the Governor, President of the Senate, and Speaker of the House of Representatives. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-54, L.O.F.

HB 7137 - Department of Corrections
This bill reorganizes portions of the Corrections Mental Health Act to standardize and clarify hearing procedures and adopt elements from Florida’s Mental Health Act. It also would allow offenders convicted of a forcible felony to be placed under community control. The bill further revises current law, which only permits one category of young adult offenders to be housed with youthful offenders while another category is precluded – now both categories of young adult offenders could be housed with youthful offenders. Also, the bill adds cell phones and other similar devices to the list of items declared to be contraband and unlawful – as a third degree felony – for a person to introduce into or upon the grounds of any state correctional institution. Other provisions not summarized. Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2008.

Criminal Law
CS/HB 29 - DNA Testing
This bill provides that incarcerated persons and persons under community supervision are required to submit blood or other biological specimens for inclusion in the statewide DNA data bank if they have been convicted of any felony offense, certain misdemeanors, or any offense that was found to have been committed for the purpose of benefiting, promoting, or furthering the interests of a criminal gang. This bill was signed into law by the Governor and takes effect July 1, 2008. Ch. 08-27, L.O.F.

CS/CS/HB 43 - Criminal Activity
This bill addresses the issue of criminal gang activity. The bill requires a felon, as part of convicted felon registration, to register information on any felony committed for the purpose of furthering a criminal gang, and creates a third degree felony for failure to register such information. The bill creates a first degree felony, punishable by imprisonment up to life and ranked in level 7 of the offense severity ranking chart of the Criminal Punishment Code, for a person to own or possess a firearm, ammunition, or specified weapon or device if that person has been convicted of a felony and has previously qualified or currently qualifies for penalty enhancements under Ch. 874, F.S. The bill provides that person commit a third degree felony if they are in possession of a bulletproof vest while committing or attempting to commit a criminal gang-related offense under Ch. 874, F.S., or a narcotics offense under Ch. 893, F.S. The bill also provides that a criminal gang, criminal gang member, or criminal gang associate who engages in the commission of criminal gang-related activity is a public nuisance, and that the use of a location on 2 or more occasions by such person or persons for the purpose of engaging in criminal gang-related activity is also a public nuisance – which can be abated or enjoined. The bill makes a number of changes to current definitions and creates new definitions. Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2008, except as otherwise provided.

HB 61 - Offenses Against Officers
The bill extends the current prohibition in s. 776.051, F.S. against a citizen’s use of violence to resist an arrest to include virtually any legal duty undertaken by a law enforcement officer so long as it is undertaken in good faith. The bill prohibits the use of force “to resist a law enforcement officer who is engaged in the execution of a legal duty, if the law enforcement officer was acting in good faith.” The bill gives law enforcement officers greater legal protections in citizen encounters that do not rise to the level of arrests, should a citizen respond to an officer aggressively or violently. Also, the law enforcement officer or any person summoned to assist the officer may not use force under circumstances, including arrests or the execution of other legal duties, if the officer’s actions are unlawful and known by the officer to be unlawful. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-67, L.O.F.

HB 85 - Lewd or Lascivious Molestation
This bill requires the imposition of a life sentence for a second or subsequent violation for the offense of lewd or lascivious molestation where the victim is under the age of 12 and the offender is 18 or older. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

CS/SB 92 - Persons Injured by Crime / Medical Treatment
This bill creates s. 843.21, F.S., which provides that a person who takes custody of or exercises control over a person he or she knows to be injured as a result of criminal activity and deprives that person of medical care with the intent to avoid, delay, hinder, or obstruct any investigation of the criminal activity contributing to the injury commits a third degree felony where the victim’s medical condition worsens as a result of the deprivation of medical care, and a second degree felony where the deprivation of medical care results in the victim’s death. Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2008.

CS/HB 137 - Operating a Motor Vehicle
This bill provides additional penalties for certain offenses committed by motor vehicle operators. These penalties include increases in fines and license suspension for motor vehicle operators who exceed the speed limit by more than 50 miles per hour, or who operate a motorcycle improperly. The bill expands restrictions on the proper operation of a motorcycle to include a requirement that both wheels remain on the ground at all times and a requirement that the motorcycle’s license plate be permanently affixed horizontally to the ground and incapable of being flipped up. A first violation of the motorcycle or speeding prohibitions results in a non-criminal violation punishable by a $1,000 fine. A second violation is a non-criminal violation resulting in a $2,500 fine and the suspension of the operator’s license for one year. Violators cited for a third violation commit a third degree felony, receive a mandatory fine of $5,000, and 10-year revocation of the offender’s driver’s license. Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2008.

HB 313 - Dating Violence
This bill creates the Barwick-Ruschak Act and adds the requirements of s. 741.29, F.S., to the dating violence statute so that they apply to incidents of dating violence as well as domestic violence. The bill also creates a first degree misdemeanor for the willful violation of a condition of pretrial release when the original arrest was for dating violence and requires that offenders be held in custody until their first appearance. Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2008.

CS/HB 321 - Murder of Law Enforcement Officers
This bill creates s. 782.065, F.S., which provides that notwithstanding the Law Enforcement Protection Act and other sentencing statutes, a person must be sentenced to life imprisonment without eligibility for release upon a finding by the factfinder that a person committed one of the following crimes against a law enforcement officer, part-time law enforcement officer, or auxiliary law enforcement officer engaged in the lawful performance of a legal duty: murder in the first degree; murder in the second or third degree; attempted murder in the first or second degree; or attempted felony murder. Approved by the Governor, these provisions take effect October 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-74, L.O.F.

CS/SB 1988 - Drivers’ Licenses / Suspended, Revoked, or Canceled
The bill subjects individuals convicted of knowingly driving while their license is suspended, revoked, or cancelled for underlying violations as enumerated in the bill, to a second degree misdemeanor penalty for the first conviction and a first degree misdemeanor penalty for the second or subsequent conviction. The underlying enumerated violations (allowing a driver to be subject to a first degree misdemeanor penalty rather than the third degree felony penalty for a third or subsequent conviction) include: failing to pay child support under s. 322.245 or s. 61.13016, F.S.; failing to pay any other financial obligation under s. 322.245, F.S., (other than those specified criminal offenses in s. 322.245(1), F.S).; failing to comply with a required civil penalty (paying traffic tickets and fees) under s. 318.15, F.S.; failing to maintain required vehicular financial responsibility under Ch. 324, F.S.; failing to comply with attendance or other requirements for minors under s. 322.091, F.S.; or having been designated a habitual traffic offender under s. 322.264(1)(d), F.S., (driving with a suspended license 3 times in 5 years) as a result of license suspensions for any of the underlying violations listed above. This newly created first degree misdemeanor penalty will only be available to drivers who do not have a prior forcible felony conviction. The bill requires the Department of Highway Safety and Motor Vehicles, in consultation with OPPAGA, to study the effectiveness of suspending a person’s driver’s license for the underlying violations listed above and submit a report to the Governor and Legislature by January 2, 2009. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-53, L.O.F.

CS/SB 622 - Orders of No Contact with Victims of Crimes
This bill adds to the list of crimes that require courts to issue a no contact order when sentencing persons convicted of any of the following offenses contained in s. 775.084(1)(b)1.a.-o., F.S. Those crimes include: arson, robbery, kidnapping, aggravated child abuse, aggravated abuse of an elderly person or disabled adult, aggravated assault with a deadly weapon, murder, manslaughter, aggravated manslaughter of an elderly person or disabled adult, aggravated manslaughter of a child, unlawful throwing, placing, or discharging of a destructive device or bomb, armed burglary, aggravated battery, and aggravated stalking. Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2008.

CS/CS/CS/SB 756 - Wrongful Incarceration Compensation
This bill creates the “Victims of Wrongful Incarceration Compensation Act” and creates a program to compensate persons who were wrongfully convicted and incarcerated for a felony offense. It provides a process whereby the person may petition the original sentencing court for an order finding the petitioner to be a wrongfully incarcerated person, eligible for compensation upon a final order vacating his or her sentence based upon exonerating evidence. The bill provides an opportunity for the prosecuting authority to either acquiesce in or to contest the petition. If the prosecuting authority contests the petition, there is a hearing before an administrative law judge who then reports findings of fact and recommendations to the court. The court makes the determination as to the person’s status as wrongfully incarcerated and eligibility for compensation under the program. A wrongfully incarcerated person is not eligible for compensation if: before the person’s wrongful conviction and incarceration, the person was convicted of, regardless of adjudication, any felony offense, excluding any delinquency disposition; during the person’s wrongful incarceration, the person was convicted of, regardless of adjudication, any felony offense; or during the person’s wrongful incarceration, the person was also serving a concurrent sentence for another felony for which the person was not wrongfully convicted. A wrongfully incarcerated person may not submit an application for compensation if the person is the subject of a claim bill pending for claims arising out of the facts in connection with the claimant’s conviction and incarceration; if the person has a lawsuit pending which requests compensation arising out of the facts in connection with the claimant’s conviction and incarceration. Once an application is filed, a wrongfully incarcerated person may not pursue recovery under a claim bill until the final disposition of the application. Upon approval of a wrongfully incarcerated person’s status and eligibility, the person may then apply for compensation with the Department of Legal Affairs. Upon review and approval of the application, the Chief Financial Officer is authorized to pay compensation in the amount of $50,000 per year of imprisonment (adjusted for inflation beginning January 1, 2009) up to a $2 million limit; a waiver of tuition and fees up to 120 hours; payment of any fines, penalties, or court costs imposed and paid by the wrongfully incarcerated person; and reasonable attorney’s fees and expenses. Additionally, the person is entitled to automatic administrative expunction of his or her criminal record associated with the wrongful conviction. The CFO must purchase an annuity on behalf of the claimant for a term of not less than 10 years. Prior to the purchase of the annuity, the claimant must forever release all governmental entities from all claims arising out of the facts in connection with the wrongful conviction. The bill provides a continuing appropriation from the General Revenue Fund sufficient to pay any the approved payments under the bill. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-39, L.O.F.

CS/HB 1417 - Counterfeit Goods
This bill re-organizes the provisions of ss. 831.03 and 831.05, F.S., relating to counterfeiting and creates new statutory sections relating to counterfeiting based upon model legislation drafted by the U.S. Chamber of Commerce. Specifically, the bill: provides that proof of a person possessing more than 25 pieces of property that bear a counterfeit mark gives rise to an inference that such property is being possessed with the intent to offer it for sale or distribution; provides a tiered penalty system based on the quantity or total retail value of counterfeited goods that are knowingly sold, manufactured, distributed, or transported; increases the penalty for counterfeiting offenses if a person, during the commission of the offense or as a result of the offense, knowingly, or by culpable negligence, causes bodily injury, serious bodily injury, or death; and Increases the penalty for repeat offenders of counterfeiting. Subject to the Governor’s veto powers, the effective date of this bill is October 1, 2008.

CS/HB 1509 - Community Service for Infractions of Non-Criminal Traffic Offenses
This bill amends s. 318.18(8), F.S., relating to disposition of non-criminal traffic penalties by performing community service. The bill provides that a person desiring to perform community service in lieu of payment must prove a demonstrable financial hardship. The legislation provides additional guidance to clerks of court by defining “community service” as uncompensated labor for a community service agency – defined as a non-profit corporation, community organization, charitable organization, a public officer, the state or any political subdivision of the state, or any other body the purpose of which is to improve the quality of life or social welfare of the community and which agrees to accept community service from persons unable to pay civil penalties for non-criminal traffic infractions. The bill provides that clerks shall value community service at minimum-wage unless certain conditions justify “prevailing wage rates,” which are higher rates applicable to specialized trades and professions. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Disabilities Law
CS/HB 739 - Guardian Advocates for Persons with Developmental Disabilities
CS/HB 739 amends the process for the appointment of guardian advocates for persons with developmental disabilities as follows: provides that guardian advocates are not required to be represented by counsel unless required by the court or if they are delegated rights to oversee property other than being the representative payee for government benefits; requires that the petition to the court for appointment of a guardian advocate must detail the relationship of the proposed guardian advocate to service providers of health care, residential or other services to the person with a developmental disability (in addition, the notice of hearing on the petition to the person with a developmental disability must be delivered to the next of kin, any surrogate resulting from an advance directive or agent under a durable power of attorney); requires that the court must appoint an attorney for the person with a developmental disability within 3 days of receiving the petition for a guardian advocate (the court shall initially appoint a private attorney selected from the attorney registry in accordance with s. 27.40, F.S., and the bill further prohibits attorneys from representing both the individual with a developmental disability and the guardian advocate or the person who files the petition – otherwise, court-appointed attorneys must complete 8 hours of education in guardianship unless waived by the court. Additionally, under the bill the court must determine if a valid advance directive or durable power of attorney exists for the person who is the subject of a petition to appoint a guardian advocate, and the court must also determine the sufficiency of those instruments for the person with a developmental disability – if a guardian advocate is appointed, the court must include in the letter of appointment how the advance directive or durable power of attorney are affected by the guardian advocacy. The legislation further provides that a person may file a petition with the court for suggestion of restoration of rights for the person with a developmental disability. The bill also specifies the process for considering a suggestion for restoration of rights and clarifies that the right of an individual with a developmental disability to consent to or refuse treatment is subject to the powers given to the guardian advocate or guardian. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

CS/SB 856 - Disability History and Awareness
This bill requires that a district school board designate the first two weeks in October each year as “Disability History and Awareness Weeks,” during which a district school board may provide disability history and awareness instruction in all K-12 public schools. The bill states the goals of disability history and awareness instruction as: better treatment for individuals with disabilities; encouragement to individuals with disabilities; and reaffirmation of the local, state, and federal commitment to all individuals with disabilities. The bill encourages state postsecondary institutions to conduct and promote activities that provide education, understanding, and awareness of individuals with disabilities, disability history, and the disability rights movement. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Education
HB 7067 - Virtual Education
Beginning with the 2009-2010 school year, this bill requires school districts to implement virtual instruction programs. Each district must offer: full-time virtual courses to students in grades K – 8, and full-time or part-time virtual courses to students in grades 9 - 12, in Department of Juvenile Justice, in dropout prevention, or in career education programs. A district may operate its own program or may contract with providers approved by DoE. Districts may also participate in multi-district contractual arrangements for such programs. A charter school may enter into an agreement with the district in which it is located, to also participate in the district’s virtual instruction program. The bill establishes district and provider qualifications, instruction requirements, student eligibility and participation requirements, and assessment and accountability standards. Finally, the bill authorizes districts to begin offering virtual instruction programs in the 2008-2009 school year, but limits the providers authorized to contract with a district to specified entities with prior experience offering virtual courses in Florida. Other provisions not summarized. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008, except as otherwise provided.

Elder Law
SB 366 - Elderly Persons & Disabled Adults / Abuse & Neglect
This bill reclassifies the offense of aggravated abuse of an elderly or disabled person within s. 825.102(2), F.S., from a second degree felony to a first degree felony – having the effect of increasing the maximum sentence for the offense from 15 years in prison to 30 years. The bill also requires certified law enforcement personnel to receive training in the identification and investigation of elder abuse and neglect. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Elections
CS/CS/SB 866 - Elections
This bill clarifies certain provisions of the Florida Election Code and conforms other sections following changes made in 2007. Highlights of the bill include: allowing a voter to change his or her party affiliation after the book-closing deadline for any non-primary election; reorganizing procedures to provide clarification for municipal recalls; modifying precinct-level election reporting so it more closely matches the election reporting procedures used by the Department of State and supervisors of elections; allowing municipalities to change election dates by ordinance, to run concurrently with a statewide or countywide election; permitting counties and cities to require electronic reporting of campaign reports for local officers and candidates; providing that circuit judges will appear in alphabetical order on the ballot just as other non-partisan candidates such as county judges and school board candidates; providing that a person cannot qualify for a federal office and another office, if the offices or any part of the terms of those offices run concurrently. Approved by the Governor, these provisions take effect January 1, 2009 and shall apply to causes of action accruing on or after that date. Chapter not yet assigned.

Environmental &
Land Use Law
CS/HB 527 - Environmental Site Redevelopment
The bill revises the Innocent Victim Petroleum Storage System Restoration Program to provide that a transfer of property to a spouse, a surviving spouse in trust or free of trust, or a revocable trust created for the benefit of the settlor, does not disqualify the site from participating in the program. It also clarifies that the current property owner of the contaminated site must have acquired the property prior to July 1, 1990. The bill also amends the Brownfield Redevelopment Act, and establishes a new tax credit for an additional 25% of total site rehabilitation costs, up to $500,000, as a bonus for the construction and operation of a health care facility or a health care provider on a brownfield site. Further, the bill expands the Brownfield Areas Loan Guarantee Program to include a 75% state loan guarantee for the primary lender’s loan to construct or operate a health care facility or health care provider. The bill establishes that tax credits for affordable housing, healthcare facilities or providers, and site rehabilitation completion orders are applicable to solid waste removal sites. Such a site may not be, or have even been, a permitted landfill, dump, or other area which is or was the recipient of solid waste for a fee or direct compensation. The bill clarifies certain requirements for submittals of both site rehabilitation and solid waste removal tax credit applications, and also clarifies, reduces, or eliminates various requirements for brownfield area designations and Brownfields Site Rehabilitation Agreement (BSRA) execution. Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law and shall operate retroactively to January 1, 2008.

HB 961 - Cleanup of Sites Contaminated by Petroleum
This bill increases the restoration cap amount for the Petroleum Cleanup Participation Program, from $300,000 to $400,000. For the Florida Petroleum Liability and Restoration Insurance Program, the $1 million cap is increased to $1.2 million, the $300,000 cap is increased to $400,000, and the $150,000 cap is increased to $300,000. In all cases these cap increases only apply to Petroleum Cleanup Participation Program- and Florida Petroleum Liability and Restoration Insurance Program-eligible sites where the Department of Environmental Protection has not issued a site rehabilitation completion order prior to June 1, 2008, indicating that the discharge has been remediated. These cap increases also apply to sites that have reached the current statutory caps and have transitioned to the party responsible for the contamination for completion of the cleanup. Expenses incurred for such sites that have transitioned out of state funding due to reaching the increased caps are not reimbursable. The bill also requires a remediation pre-approval contractor to submit an invoice within 30 days after the date of the DEP’s written acceptance of each interim deliverable or the final deliverable specified in a site rehabilitation agreement. In addition, remediation pre-approval contractors or their assignees are required to pay subcontractors in accordance with the prompt payment provisions of s. 287.0585(1), F.S. The bill also states that s. 287.0585(2), F.S., which provides for an alternative to the prompt payment provisions, shall not apply to pre-approval site rehabilitation agreements. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Family Law
CS/HB 663 - Termination of Parental Rights
The bill substantially amends Chapter 63, F.S. relating to the adoption of children. Provisions include: providing for constructive service by publication for termination of parental rights proceedings under Chapter 63, F.S.; making substantive changes to the definitions of “parent,” “primarily lives and works outside Florida” and “unmarried biological father”; providing that an unmarried biological father who fails to file a claim of paternity with the Putative Father Registry prior to the date a petition for termination of parental rights is filed is also barred from filing a paternity claim pursuant to Chapter 742, F.S., with some exceptions; providing that the consent of an unmarried biological father is required only when he secures a paternity judgment or files a paternity affidavit prior to the date that a petition for termination of parental rights is filed; providing for the court to enter a default in such cases under certain circumstances and specifying what actions an unmarried biological father must take in order to avoid default; providing that written disclosure shall be provided to the parent who did not initiate contact with the adoption entity, adding language to the adoption disclosure that provides information about the Florida Putative Father Registry and what actions an unmarried biological father must take in order to protect his parental rights, and specifying the exact information that must be provided to a prospective adoptive family prior to the child’s placement in the home; providing that abandonment as a result of incarceration may be found when the time period for which a person has been, as well as is expected to be, incarcerated constitutes a significant (rather than substantial) portion of the child’s minority; and clarifying that a foreign judgment terminating a parental relationship is recognized in this state and no further proceedings are required before adoption can be finalized. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

CS/SB 1474 - Dissolution of Marriage
This bill allows a court to order an interim partial distribution of marital assets and liabilities if good cause is shown. The bill provides that all real property held by the parties as tenants by the entireties and all personal property titled jointly by the parties as tenants by the entireties shall be presumed to be a marital asset, which presumption can be overcome by showing that the property is non-marital. The bill provides that the burden of proof to overcome the gift presumption shall be by clear and convincing evidence. The bill abolishes all special equity claims and replaces them with claims for unequal distribution of marital property or as a claim of enhancement in value or appreciation of non-marital property. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-46, L.O.F.

CS/CS/SB 2532 - Child Custody and Support
This bill makes changes to a significant number of sections of Florida Statues relating to custody, visitation, and child support. It re-designates Chapter 61 as “Dissolution of Marriage; Support; Time-Sharing” and deletes definitions of the terms “custodial parent” or “primary residential parent” and “non-custodial parent.” It creates a definition for the terms “parenting plan,” “parenting plan recommendation” and “time-sharing schedule,” and amends all applicable sections of Chapter 61 by deleting the terms “custodial parent” and “non-custodial parent,” and replacing references to either term with “parent” or “obligee” or “obligor.” It also replaces existing references to “custody order” or visitation order” with “parenting plan” and/or “time-sharing plan” and repeals s. 61.121, F.S., re rotating custody. The bill also amends provisions within Chapters 409, 414, 445, 741, 742, 753 & 827, F.S., to conform to these changes in terminology in Chapter 61. Approved by the Governor, these provisions take effect October 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-61, L.O.F.

HB 7007 - Safe Haven Protection for Surrendered Newborn Infants
This bill extends the period of time in which a newborn infant may be safely abandoned, from 3 days to 7 days. The bill requires hospitals to complete an infant’s birth certificate without naming the mother if the infant is born in the hospital, the mother expresses intent to leave the infant and not return, and the mother requests it. The bill makes several changes to provide consistency between the two sections of law governing safe newborn abandonment regarding the treatment of the abandoning parent’s anonymity, pursuit, and consent to termination of parental rights. The bill reiterates in s. 63.0423, F.S., the provision currently found in s. 383.50, F.S., creating a presumption of consent to termination of parental rights for the abandoning parent and providing that express consent is not required. The bill reiterates in s. 63.0423, F.S., the provision currently found in s. 383.50, F.S., prohibiting pursuit of the abandoning parent, and expressly prohibits pursuit, search, and notification of the abandoning parent unless there is actual or suspected child abuse or neglect. The bill deletes current requirements for child-placing agencies to pursue the parent of a safely abandoned child, if known, for the purpose of providing notice of hearings and obtaining consent to termination of parental rights. Similarly, the bill deletes the current requirement of consent to adoption or an affidavit of non-paternity for termination of parental rights to a safely abandoned infant. The bill replaces the term “abandoned” in this context with “surrendered.” Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-90, L.O.F.

HB 7073 - Child Support Enforcement
The bill makes changes related to the child support enforcement program, including providing that past due support payments are applied first to the principal amount due and then to interest that accrued on the past due amount. The bill further provides that if a putative father is incarcerated, the correctional facility shall assist him in complying with an administrative order for genetic testing. The bill also requires that any payments made to the State Disbursement Unit which are owed to the obligee or any payments owed to an obligee in a Title IV-D case shall be disbursed electronically. Other provisions not summarized. Approved by the Governor, these provisions take effect May 28, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-92, L.O.F.

General Interest
CS/SB 502 - Missing Persons / Investigation
This bill requires law enforcement agencies in the state to adopt written policies that specify the procedures to be used to investigate reports of missing children and missing adults. The bill also provides that if a person who has been reported as missing has not been located within 90 days after the missing person report is filed, the law enforcement agency that accepted the report must attempt to obtain a biological specimen for DNA analysis from the missing person or from appropriate family members to enable the agency to use the specimens in conducting searches of DNA databases. The bill also provides that an entry concerning a missing child or missing adult may not be removed from the Florida Crime Information Center and the National Crime Information Center databases based solely on the age of the missing child or missing adult. Additionally, the bill requires that upon the filing of a credible police report that a person is missing, the law enforcement agency must, within 2 hours after receiving the missing person information, transmit the information for entry into the FCIC and NCIC databases. The bill changes the name of FDLE’s Missing Children Information Clearinghouse to the Missing Endangered Persons Information Clearinghouse, and expands its duties – which currently only relate to missing children – to apply to missing persons younger than 26 years of age and missing persons (of any age) suspected by a law enforcement agency of being endangered or the victim of criminal activity. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

CS/HB 503 - Preservation & Protection of the Right to Keep & Bear Arms in Motor
Vehicles Act of 2008
This bill prohibits public or private employers from disallowing a customer, employee who possesses a valid concealed weapons license, or invitee from possessing a legally owned firearm locked inside, or locked to, a private motor vehicle in a parking lot if the person is lawfully in such area. A public or private employer may not violate the privacy rights of said persons by verbal or written inquiry regarding the presence of a firearm inside a private motor vehicle in a parking lot or by an actual search of the private motor vehicle in the parking lot to ascertain the presence of a firearm. The bill prohibits the public or private employer from taking action against the person based upon verbal or written statements and requires any searches of the vehicle to be conducted by on-duty law enforcement personnel, and such search must be based upon due process and comply with constitutional protections. Employers are prohibited from conditioning employment upon either an employee’s or a prospective employee’s holding or not holding a license to carry a concealed weapon or firearm, or any agreement by an employee or a prospective employee that prohibits an employee from keeping a legal firearm locked inside a motor vehicle when the firearm is kept for lawful purposes. Additionally, an employer cannot prevent or prohibit an employee, customer, or invitee from entering the parking lot of the employer’s place of business because the person’s motor vehicle contains a legal firearm which is out of sight within their vehicle. Neither may an employer terminate the employment of, or discriminate against, an employee or expel a customer or invitee when the person is exercising their right to keep and bear arms or for exercising the right of self defense as long as the firearm is not exhibited on company property for any reason other than lawful defensive purposes. The provisions of the bill do not apply to: property owned or leased by an employer or the landlord of an employer upon which activities involving national defense, aerospace, or homeland security are conducted; property owned or leased by an employer or the landlord of an employer upon which the primary business involves the manufacture, use, storage, or transportation of combustible or explosive materials regulated under state or federal law or property owned or leased by an employer who has obtained a permit required under 18 U.S.C. §842 to engage in the business of importing, manufacturing, or dealing in explosive materials on such property; any property where a nuclear-powered electricity generation facility is located; a motor vehicle owned, leased, or rented by an employer or the landlord of an employer; any other property owned or leased by an employer or the landlord of an employer upon which possession of a firearm or other legal product is prohibited pursuant to any federal law, contract with a federal government entity, or general law of this state; any school property as defined and regulated under s. 790.115, F.S.; or any state correctional institution regulated under s. 944.47, F.S. The bill provides for immunity from liability for employers under certain conditions and provides for enforcement by the Attorney General. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-7, L.O.F.

Government Law
HB 7113 - Department of Law Enforcement
The bill makes several changes to the policies and procedures of the Florida Department of Law Enforcement as follows: allows FDLE to maintain electronic copies of all fingerprints submitted for the purpose of criminal background checks; allows FDLE to use the electronic copies in the statewide fingerprint system; specifically provides that FDLE may accept fingerprint submissions electronically for criminal background checks; eliminates the requirement that FDLE receive a duplicate copy of a waiver granting permission to release a person’s criminal history record; allows a request for an administrative expunction to be made by the arresting law enforcement agency, as well as an agency that issues a warrant that is the basis for an arrest; provides judges access to sealed criminal records; adds the Secretary of the Department of Children and Family Services to the membership of the Criminal and Juvenile Justice Information Systems Council; amends the duties of the Criminal and Juvenile Justice Information Systems Council to reflect advances in technology; and creates a “citizen support organization” to raise funds and organize events for Florida Missing Children’s Day. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Health Law
CS/HB 535 - Health Insurance
This bill revises the definition of “bone marrow transplant” to include, for insurance coverage purposes, nonablative therapy and transplants intended to prolong life. The bill also requires that health insurers and health maintenance organizations provide identification cards to policyholders/subscribers that present information in a readily identifiable manner. Such information may also be embedded on the card and be available through magnetic stripe/smart card or provided through other electronic technology. At a minimum, the card must contain: the name of the organization issuing or administering the policy/contract and the name of the contract holder/certificate holder/subscriber; the type of plan if filed in the state, an indication that the plan is self-funded, or the name of the network (individual and group health plans only); the member identification number, contract number, and policy or group number, if applicable; a contact phone number or electronic address for authorizations and admission certifications; a phone number or electronic address for obtaining benefits verification and information to determine patient financial responsibility; the national plan identifier. An HMO must also include a statement that it is indeed an HMO under applicable Florida law. Insurers must issue such cards when ID cards are issued or policies are renewed on or after January 1, 2009, except that state group insurance program providers are allowed to wait until new cards are issued, regardless of renewals, to make the changes. Subject to the Governor’s veto powers, the effective date of this bill is January 1, 2009.

CS/SB 2326 - Certificates of Need / General Hospitals
This bill amends the process that “general hospitals” – as opposed to all other health care facilities – use to apply for and obtain a certificate of need (CON) from the Agency for Health Care Administration. The bill requires a CON application from a general hospital to identify the project’s location as well as the primary and secondary service areas, by zip code. The bill also provides for revocation of the CON if the project’s location or service area described in a general hospital’s CON application materially changes. Further, the bill provides that parties participating in an administrative hearing regarding the issuance of a CON may participate in a subsequent proceeding regarding the revocation of the CON based upon a material change in location or primary service area, specifies time periods within which a general hospital must furnish satisfactory proof of the hospital’s financial ability to operate, and authorizes AHCA to establish documentation requirements. The bill provides for eligibility requirements and procedures for existing hospitals to challenge a decision by AHCA regarding a general hospital CON application, and defines the process by which the applicant may respond to another hospital’s challenge of its CON application. The bill also amends the administrative hearing and appeals processes for actions regarding CON applications by: (1) requiring administrative hearings regarding general hospital applications to commence within 6 months after the administrative law judge has been assigned; (2) precluding the granting of continuances in general hospital administrative cases absent a finding of extraordinary circumstance; (3) limiting the adversarial process to hospitals that are competing applicants or those that have submitted a detailed written statement of opposition to an application, and to issues raised in those opposition statements absent the showing of good cause to expand the scope; and (4) providing that a party who appeals an administrative decision and loses must pay the opposing party’s attorney’s fees in an amount up to $1 million and post a bond in the amount of $1 million in order to maintain the appeal – the attorney’s fee requirements do not apply to AHCA. Approved by the Governor, these provisions took effect May 19, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-29, L.O.F.

CS/CS/SB 2534 — Health Insurance
This bill provides for two significant new programs designed to provide more affordable access to coverage for health care, primarily for individuals who are uninsured and small employers. The Cover Florida Health Access program is created to allow insurer to offer consumers a choice of benefit plans at affordable prices, to include non-catastrophic coverage and may provide catastrophic coverage, supplemental insurance, and discount medical plan product options to enrollees. Enrollment eligibility requirements are: resident of Florida; ages 19 to 64; not covered by private insurance or eligible for public insurance; and uninsured for at least the prior 6 months, with exceptions for persons who lost coverage within the past 6 months under certain conditions. The Agency for Health Care Administration and the Office of Insurance Regulation are jointly responsible for establishing and administering the program. Changes in plan benefits, premiums, and forms are subject to regulatory oversight by the agency and the office. The bill also creates the Florida Health Choices Program, designed to be a single, centralized market for the sale and purchase of health care products including: health insurance plans, HMO plans, prepaid services, service contracts, and flexible spending accounts. In addition to specifying authorized vendors and administrative details, the bill provides that small employers (1-50 employees), certain eligible individuals, cities (population less than 50,000), fiscally constrained counties, municipalities having a population of fewer than 50,000 residents, school districts in fiscally constrained counties, and statutory rural hospitals are eligible to enroll. Eligible individuals include individual employees of enrolled employers, state employees ineligible for the state group insurance plan, state retirees, and Medicaid reform participants who opt out. Prices for products sold through the program must be based on age, gender, and location of participants and the program must utilize methods for pooling the risk of individual participants and preventing selection bias, including a post-enrollment risk adjustment of the premium payments to the vendors. Prior to making a risk-bearing product available through the program, the corporation must provide information on the product to the OIR. Amendments to the Health Flex Plan Program: expand the population eligible to purchase health flex plans by raising the family income limit from 200 to 300 percent of the federal poverty level (FPL); allow a person who is covered under subsidized Medicaid or KidCare coverage and who lost eligibility due to the income limits to apply for coverage without a lapse in coverage if all other requirements are met; expand the population eligible for health flex plans by allowing individuals who are covered under an individual contract issued by an HMO that has an approved health flex plan, as of October 1, 2008, to enroll in the HMO’s health flex plan; allow a person who is part of an employer group with at least 75 percent of the employees having income equal to or less than 300 percent of the FPL and not covered by private insurance during the last 6 months to be eligible for coverage (if the health flex plan is an insurer, only 50 percent of the employees must meet the income test); and extend the expiration date of the program from July 1, 2008 to July 1, 2013. The bill makes the following changes to the Florida KidCare program: expands eligibility and enrollment for the program by eliminating the 10 percent cap on enrollment for MediKids (ages 1-5) and Healthy Kids (ages 6-19) enrollees who have a family income of greater than 200 percent of the federal poverty level and pay full premiums. These enrollees must pay the full cost of the premium (unsubsidized). Regarding dependent coverage, the bill requires individual and group health insurers and HMOs to offer policyholders and certificate holders (parents) the option to continue coverage of their children on their family policy until age 30, if the child is: (1) unmarried with no dependents; (2) a resident of Florida or a full-time or part-time student; and (3) does not have insurance coverage under any private or public plan. Finally, the bill creates an exemption from the Florida Insurance Code for nonprofit religious organizations that qualify under Title 26, s. 501 of the IRS Code. Approved by the Governor, these provisions took effect May 21, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-32, L.O.F.

CS/CS/CS/SB 2654 - Autism Spectrum Disorder
This bill authorizes the Agency for Health Care Administration to seek federal approval for a Medicaid waiver or state plan amendment to provide home and community-based therapies and behavioral interventions to children under age 6 diagnosed with a developmental disability, autism spectrum disorder, or Down syndrome. The bill limits such Medicaid benefits to $36,000 annually not to exceed $108,000 in total lifetime benefits. AHCA is required to report progress and recommendations to the Legislature annually starting January 1, 2009, and is prohibited from implementing the new program without prior legislative approval. The bill additionally requires the Office of Insurance Regulation to convene a working group of representatives of all licensed insurers, health maintenance organizations and others to negotiate an industry compact that includes a binding agreement regarding coverage and access to services for persons with developmental disabilities or autism spectrum disorder. Further, the bill imposes a coverage mandate on all large group health insurance policies, benefit plans and HMO contracts issued or renewed on or after April 1, 2009. This bill was signed into law by the Governor and takes effect July 1, 2008. Ch. 08-30, L.O.F.

Insurance Law
CS/SB 648 - Insurable Interest / Insurance Contracts
This bill establishes requirements for issuance of a personal insurance policy (e.g., life, health, and disability) when a person seeks to insure someone other than him/herself. The bill does not apply to policies not issued for delivery in Florida or that are not issued in Florida – and the insurable interest must exist at the time coverage begins, but may subsequently be extinguished without affecting the validity of the policy. The bill lists relationships that create an insurable interest in the person to be insured, as follows: family members have an insurable interest in close family members whom they hold in great affection; business entities have an insurable interest in the owners of the business entity, or any affiliate or subsidiary of the business entity and key employees; parties to a contract for the purchase or sale of a business entity have an insurable interest in the lives of all other parties to the contract solely for purposes of the contract; trusts and trustees have an insurable interest in the trust grantor under life insurance policies owned by the trust when trust beneficiaries meet specified criteria. When benefits are paid under a policy that is issued without the required insurable interest, the person insured under the policy or the insured’s personal representatives may bring an action to recover benefits from the person to whom they were paid. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-36, L.O.F.

CS/CS/SB 2012 - Insurance Policies
This bill makes the following changes relating to insurance: requires insurers to notify long-term care insurance policyholders annually, rather than every 2 years, of the right to designate a secondary addressee to receive notice of possible lapse in coverage or termination due to nonpayment of premium; permits reinstatement of long-term care policies that have been canceled for nonpayment of premium when the failure to pay the premium was due to the policyholder’s continuous confinement in a hospital, skilled nursing facility, or assisted living facility for more than 60 days; requires that notice of possible lapse in coverage of a long-term care policy for nonpayment of premium be sent to the policyholder and secondary addressee; extends the statute of limitations for claims on Holocaust-era insurance policies until July 1, 2018; permits the Office of Insurance Regulation to waive the requirement that a multiple employer welfare arrangement maintain its principal place of business in Florida under specified conditions; clarifies that physician reimbursement for purposes of motor vehicle personal injury protection insurance for specified medical services is based on 200 percent of the “participating physicians” schedule of Medicare Part B; permits hospitals to form alliances to obtain self-insurance coverage for its members and provides that contracts of reinsurance issued to such alliances are to receive the same tax treatment as reinsurance contracts issued to insurance companies; specifies criteria that public housing authorities must meet in order to form self-insurance funds; amends various provisions relating to public adjusters, including prohibition of certain solicitation practices, limiting fees that can be charged, providing licensure qualifications, and establishing a public adjuster apprenticeship program and license; extends for an additional year the offer of availability of excess coverage under the Florida Hurricane Catastrophe Fund to certain limited apportionment companies, insurers approved to participate in the Insurance Capital Build-Up Program, and insurers that purchased such coverage from the fund in 2007. Re Citizens Property Insurance Corporation: makes its underwriting files available to policyholders and their attorney to the same extent that the files would be available from a private insurer in litigation under the Florida Rules of Civil Procedure; permits Citizens to release confidential and exempt underwriting file records to government agencies upon written request and demonstration of need; and requires Citizens to electronically report certain claims data and histories to a consumer reporting agency upon request. Additional provisions not summarized. Subject to the Governor’s veto powers, the effective date of this bill is 07/01/2008 except as otherwise provided.

Judicial Administration
CS/HB 773 - Judicial Sales
This bill gives a clerk of court the option to conduct foreclosure and tax deed sales through electronic means, such as the Internet, rather than via in-person auction. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

CS/SB 1790 - State Judicial System
This bill increases certain service charges, court costs, and fees. It also reassigns the funding responsibility for court juror payments, from the State Court System to the clerk of the courts. Other significant changes in the legislation include: requiring that the public defender provide appellate representation in criminal cases handled at trial by the criminal conflict and civil regional counsel, unless the matter presents a conflict for the public defender, in which case the regional counsel or private court-appointed counsel shall handle the appeal; requiring clerks to report to the Office of the State Court Administrator on a quarterly basis on moneys collected and remitted to the Mediation and Arbitration Trust Fund; requiring a person who seeks a determination of indigent status in order to receive court-appointed counsel in a dependency proceeding to pay a $50 application fee; creating a $10 administrative fee to be paid for all non-criminal moving and nonmoving traffic violations under Ch. 316, F.S.; mandating costs of prosecution in all criminal and violation-of-probation or community-control case convictions; adding additional court fees for filing counterclaims, cross claims and third party complaints; and increasing the fines for DUI and BUI. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

CS/SB 1792 - Criminal History Information
This bill increases fees for criminal history background checks by the Florida Department of Law Enforcement, from $23 to $24 for each records check. Existing fee exceptions are retained. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Juvenile Law &
Children’s Issues
SB 2820 - Juvenile Offenders / Residential Facilities
This bill places limitations on residential facilities that house juvenile offenders, by redefining the “restrictiveness level” so that low-risk, moderate-risk, high-risk, and maximum-risk residential facilities must have no more than 165 beds each. This does not apply if the facility has a specified campus-style program that includes more than one level of restrictiveness, provides multilevel education and treatment programs using different treatment protocols, and has facilities that co-exist separately in distinct locations on the same property. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-65, L.O.F.

HB 7077 - Child Protection
The bill makes a number of changes related to the child welfare and child protection system, including the following: provides increased protections relating to missing children; creates a definition for the term “child who has exhibited inappropriate sexual behavior” and amends the definitions of the terms “harm” and “abandon”; provides for exceptions to the requirement for closure of child protective investigations within a 60-day period; includes foster and pre-adoptive parents among the individuals who are entitled to notice of proceedings or hearings relating to children in their care or whom they are planning to adopt; provides for changes to the process related to injunctions to prevent an act of child abuse or to protect the child from domestic violence; clarifies that during the period of time a court maintains jurisdiction over a dependency case, only one order adjudicating each child in the case shall be entered; allows the court to grant an exception to the requirement for a predisposition study under certain circumstances; allows the Department of Highway Safety and Motor Vehicles to provide access to information contained in its database to the Department of Children and Family Services for purposes of conducting child and adult protective investigations and expediting the determination of eligibility for public assistance; changes the purpose, eligibility criteria, and administration of the Florida Child Welfare Student Loan Forgiveness Program; authorizes the department to accept reports to the Hotline via the 1-800 number, fax, or on the Internet website; creates three new grounds for termination of parental rights; extends the time period for the departmental reorganization that began as a result of 2007 legislation, until June 30, 2009. Subject to the Governor’s veto powers, and except as otherwise expressly provided in this act, the effective date of this bill is July 1, 2008.

Labor & Employment
HB 489 - Sexual Violence
This bill requires employers to allow employees to request and take up to three working days of leave, if the employee, or a member of the employee’s family or household, is the victim of sexual violence and the leave is sought to seek an injunction for protection, to obtain medical care, to access victim services or legal assistance, or to secure safe housing. Companion legislation (CS/HB 1141) makes personal identifying information contained in records documenting an act of sexual violence that are submitted to a public agency by an agency employee confidential and exempt from public disclosure. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

Military Affairs
CS/HB 251 - Reserve Officers’ Training Corps Programs
This bill prohibits a school district, community college, or state university from: banning the establishment, maintenance, or operation of a unit of the Reserve Officers’ Training Corps (ROTC) at a public high school, community college, or state university; denying military recruiters of the U.S. Armed Forces and U.S. Department of Homeland Security the same access to students, and to campus facilities and grounds, that the school district grants to postsecondary educational institutions or prospective employers of students (and that the community college or state university grants to other employers); and denying military recruiters access, to the extent prohibited by specified federal laws, to certain student information (e.g., names, addresses, telephone listings). Other provisions not summarized. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-73, L.O.F.

CS/HB 1203 - Interstate Compact on Educational Opportunity for Military Children
This bill adopts the Interstate Compact on Educational Opportunity for Military Children, to enable member states to uniformly address educational transition issues faced by military families including: school eligibility; program placement; enrollment; school record transfers; and graduation for the children of relocated military families. The legislation establishes an Interstate Commission on Military Children to administer the compact among member states and to adopt rules that govern the compact’s operation. The compact takes effect when adopted by 10 states. As of May 2, 2008, three states have enacted the compact; three state’s legislatures, including Florida, have sent legislation to adopt it to their governors; and 13 state legislatures are considering legislation to adopt the compact. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008, or upon enactment of the compact into law by nine other states, whichever date occurs later.

Public Records Law
CS/CS/SB 766 - Public Records / Judicial and Administrative Officials
Current law provides public record exemptions for identification and location information of certain government personnel. The following information is exempt from public records requirements: home addresses and telephone numbers of the personnel; home addresses, telephone numbers, and places of employment of their spouses and children; and names and locations of schools and day care facilities attended by their children. This bill makes those exemptions applicable to general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers. The exemptions, however, only apply if those individuals provide a written statement that they have made reasonable efforts to protect such information from access via other means available to the public. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-41, L.O.F.

Real Property, Probate
& Trust Law
CS/HB 435 - Trust Administration
This bill provides that when a grantor appoints trustees for particular purposes, the trustees excluded from those purposes are not liable for any consequences that result from compliance with the exercise of those purposes, regardless of the information available to the excluded trustees, except in cases of willful misconduct on the part of the directed trustee of which the excluded trustee has actual knowledge. The trustees having the power for a particular purpose shall be liable to the beneficiaries with respect to the exercise of that power. The bill further allows a trustee to pay attorney’s fees and costs from trust assets unless a beneficiary applies to a court for an order to prohibit such payment. The bill requires the trustee to notify interested beneficiaries in advance of paying attorney’s fees and costs from trust assets and allows sanctions against trustees who fail to comply with a court order to reimburse the trust for fees. The bill revises time limitations for the bringing of legal claims by a beneficiary against a trustee for breach of trust. The bill provides that all claims by a beneficiary against a trustee are barred upon the later of: 10 years from the date that the trust terminates, the trustee resigns or the fiduciary relationship between the trustee and the beneficiary otherwise ends if the beneficiary had actual knowledge of the existence of the trust and of their status throughout the 10-year period; 20 years after the date of the act or omission of the trustee that is complained of, if the beneficiary had actual knowledge of the existence of the trust and of their status throughout the 20-year period; or 40 years after the date the trust terminates, the trustee resigns, or the fiduciary relationship between the trustee and the beneficiary otherwise ends. Any existing applicable statute of repose is extended by 30 years when a beneficiary shows evidence that a trustee actively concealed facts supporting a cause of action. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-76, L.O.F.

CS/SB 464 - Transfer Fee Covenants / Real Property
This bill provides that, in general, transfer fee covenants are void and unenforceable. This bill also provides limited exceptions that allow a transfer fee covenant, such as a fee to a homeowners’ association, a fee to a nonprofit or charitable organization, or a fee imposed by the government. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-35, L.O.F.

CS/CS/HB 601 - Department of Business and Professional Regulation / Condominiums & Homeowners Associations
This bill revises and clarifies various insurance requirements for condominiums, maintaining the current requirement for adequate insurance but using the term “adequate hazard insurance” to specify the type of insurance that is required, and keeping the current provision that permits 3 or more communities to obtain insurance for an amount equal to the probable maximum loss for a 250-year windstorm event. The bill specifies that a director of a condominium who abstains from voting on any action taken on any association corporate matter shall be presumed to have taken no position with regard to the action. The bill provides that condominium expenses or items required by the federal, state or local government, including fire safety equipment and water and sewer services, are common expenses whether or not identified as common expenses in the declaration of condominium, articles of incorporation, or the bylaws of the association. The bill amends requirements to include a condominium unit owner’s designee or a mortgagee designee among the persons that are entitled, upon request, to a certificate signed by an officer regarding the assessments owed by the unit owner to the association. The bill provides that the fee for the certificate must be set forth in the certificate. The bill provides that the distribution of any sale proceeds to purchase money lienholders on units must not exceed a unit’s share of the proceeds. The bill creates estoppel certificates for homeowners’ associations. The bill requires that the homeowners’ associations must provide a certificate signed by an officer or agent of the association stating all of the assessments and other moneys that are owed to the association by the parcel owner. This legislation contains numerous other modifications relating to programs under the Department of Business and Professional Regulation, not all summarized here. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008 except as otherwise provided.

CS/CS/HB 679 - Residential Properties
This bill: removes the requirement that the Department of Health regulate swimming pools owned by a homeowners association with 32 or less parcels; requires additional disclosure to members of a homeowners association if the association budget does not include deferred expenditures; prohibits a director, officer or committee member of a homeowners association from receiving compensation for service to the association (however, reimbursement for out of pocket expenses, recovery of insurance proceeds, or compensation authorized in advance by a majority vote of the owners are not prohibited); provides that a fine greater than $1,000 by a homeowners association against a parcel owner may become a lien on the property; requires that an elected director of a condominium association or a homeowners association must certify in writing within 30 days of being elected that he or she has read the governing documents of the association as well as the relevant statutes; effective July 1, 2009, provides for pre-suit mediation or pre-suit arbitration of disputes between homeowners associations and a parcel owner or owners and parcel owners within the same homeowners association before a complaint may be filed in court; provides that board meetings must be held within 45 miles of the condominium property unless the bylaws provide otherwise; prohibits co-owners from serving at the same time on the board of administration of an association of 10 or more units; provides that persons may not serve on the board if they were convicted of a crime that would be a felony in Florida and have not had their civil rights restored for at least 5 years; requires a condominium association of 10 or more units to utilize the statutory election procedures; limits condominium association board members to 2-year terms; and provides that 3 or more condominium associations may form a self-insurance fund to cover insurance deductibles. Subject to the Governor’s veto powers, the effective date of all other provisions of this bill is July 1, 2008.

CS/HB 937 - Title Insurance
This bill creates the Florida 2008 Title Insurance Study Advisory Council to undertake a comprehensive examination of the title insurance system in Florida and make findings and recommendations in a final report to the Governor, Speaker of the House of Representatives, and President of the Senate on or before December 31, 2009. The council is composed of 21 members, with representatives from government, title insurers, insurance agents, banking and real estate interests, and attorneys – and is chaired by the Governor or designee, with the Chief Financial Officer or designee serving as vice chair. To assist the council, the Office of Program Policy Analysis and Government Accountability is required to conduct an independent review of the historical development of the title insurance industry in Florida and the current regulatory framework, and report its findings to the council by September 30, 2008. The council must hold its first meeting by August 1, 2008, with all meetings to be held in Tallahassee. Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law.

CS/HB 1105 - Community Associations
This bill provides for notice of a unit or parcel owner’s intent to file a petition for the appointment of a receiver, to all unit owners or parcel owners of a condominium, cooperative or homeowners association at least 30 days before the filing of the petition. The bill also requires additional notice to unit owners or parcel owners should the petition be granted. Condominium, cooperative and homeowners associations may impose a lien – which may be foreclosed – against an owner for unpaid assessments. Current law requires 30 days’ notice before the filing of a lien against a member of a homeowners’ association. This bill requires condominium associations and cooperative associations to similarly give 30 days’ notice of intent to file a lien. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

HB 1489 - Residential Tenancies
This bill amends the Florida Residential Landlord and Tenant Act to permit residential lease agreements to impose an early termination fee or liquidated damages on tenants who terminate a lease before its expiration. The total liquidated damages or any early termination fee cannot exceed 2 months’ rent and is in addition to any unpaid rent and other charges accrued through the end of the month in which the landlord takes possession of the dwelling unit, plus charges for any damages to the dwelling unit. Subject to the Governor’s veto powers, the effective date of this bill is upon becoming a law.

SB 1986 - Homeowners Associations / Lien Claims
This bill provides forms and procedures for notice of a claim by a homeowners’ association and an objection to such a claim – the filing of an objection obligates the association to foreclose the lien within 90 days or, failing that, to waive the right to foreclose on that lien. The legislation also provides that the holder of a first mortgage who forecloses on the mortgage is liable for up to 12 months of assessments or 1% of the original mortgage amount, whichever is less, in past due assessments. The bill gives further direction and includes a form for use in qualifying offers. Subject to the Governor’s veto powers, the effective date of this bill is July 1, 2008.

HB 7019 - Real Property Transfer Returns
This bill eliminates the requirement to file Form DR-219 – relating to the transfer of an interest in real property – with the clerk of the circuit court. Because filing of the form would no longer be required, the bill further eliminates the clerk’s authorization to deduct 1.0 percent of the tax paid on deeds as compensation for the cost of processing the return. In March 2008, the Revenue Estimating Conference determined that eliminating the form and filing would increase state revenues during FY 2008-2009 by approximately $8.8 million, and would result in a $35,000 cost savings based on reductions in printing, postage, and storage of the forms. The effective date of this bill is June 1, 2008.

Tax Law
CS/HB 909 - Ad Valorem Taxation
This bill changes the composition of value adjustment boards in all counties to include two citizen members: one appointed by the county; and one appointed by the school board. It further precludes the county attorney from representing the VAB. The bill now requires the Department of Revenue to develop a uniform policies and a procedures manual to be used before all VABs, and to offer training for the special magistrates. The legislation further requires the department to keep records on annual percentage increases in total non-voted millage levied by the taxing entity – to be placed on the DoR website and existing websites of county property appraisers. Special magistrates will be required to preserve the record of all hearings and make written recommendations to the VABs which include findings of fact, conclusions of law, and the reason for sustaining or changing the assessed value of the property appraiser for all petitions heard. When all petitions, complaints, appeals and disputes have been heard, the county clerk – who is currently required to publish a public notice of the findings and results of the board – will now include in the results the number of parcels for which petitions were filed but not considered by the board because of petitions being withdrawn or settled. The bill clarifies that in determining the highest and best use of a property (one of eight factors considered in determining assessed valuation), the property appraiser must take into account the legally permissible use of the property, as well as any zoning changes, concurrency requirements, or permits that would be necessary before the property could actually be used for such highest and best use. The bill precludes property appraisers from establishing a minimum acreage below which they will not grant an agricultural classification. The bill also expresses legislative intent that taxpayers never have the burden of proving that the property appraiser’s assessment is not supported by any reasonable hypothesis of a legal assessment. Subject to the Governor’s veto powers, the effective date of this bill is September 1, 2008.

CS/SB 1588 - Property Taxation
In 2007, the Legislature enacted two laws governing the taxation of property: (1) Ch. 2007-321, L.O.F., which limited local governments’ property tax revenue growth by imposing maximum millage rates based upon growth in state-wide per capita personal income and growth in the tax base due to new construction and additions within each jurisdiction; and (2) Ch. 2007-339, L.O.F., implementing the provisions of Amendment 1 to the Florida Constitution – adopted January 29, 2008 – which increased the homestead exemption by $25,000 except for school district taxes, allowed homestead property owners to transfer up to $500,000 of the Save-Our-Homes benefits to their next homestead, provided a $25,000 exemption for tangible personal property, and limited annual assessment increases for specified non-homestead real property to 10% except for school district taxes. Ch. 2007-339, L.O.F., also directed the Department of Revenue to report on the effects of those reforms. This bill addresses the issues identified in the department’s report. By virtue of Amendment 1, the Florida Constitution now contains provisions that reduce the property tax base. Under current law, local governments are allowed to levy a millage rate to recover the tax loss due to the loss of tax base by a majority vote of the governing body. This bill will require a two-thirds vote to recover that loss. Further, the issues addressed by this bill that were identified in the DoR report include: information needs of the department and the Revenue Estimating Conference to properly oversee and administer the property tax system and estimate impacts; clarification that votes of the “membership” of the governing board are needed to override the millage limitations; classification of some downtown development authorities as dependent districts; clarification of the calculation of the special provision for the public health trust in Miami-Dade County; requiring a study of the effects of all the recent statutory and constitutional changes on the TRIM notice requirements; providing an administrative appeal process for portability issues; clarification of the rules for the transfer of portability benefits when there are multiple owners; clarification of the rules for the application of the $25,000 Tangible Personal Property exemption; deletion of the application requirement for the 10% assessment growth limitation; requiring notification by the property owner to the property appraiser when ownership or control of property subject to the 10% limitation changes. Subject to the Governor’s veto powers, the effective date of this bill is upon becoming law, except as otherwise provided, and applies to the 2008 and subsequent tax rolls.