Florida Bar News

Legislation of interest to the legal profession

Legislation of Interest to the Legal Profession

Included in this report is a brief summary, by subject, of bills that passed the House and Senate during the 2005 Regular Session (March 8 – May 6, 2005) that may be of interest to Florida Bar members. During the 2005 Regular Session 2,475 bills were introduced. Of that total, 394 bills or approximately 16 percent of all bills passed. The Senate filed 1,392 bills, of which 176 passed both chambers. The House filed 1,083 bills, of which 218 passed both chambers.

This compilation reflects pending and final action by the governor, and references 2005 Laws of Florida as of June 1, 2005. Information for these summaries was extracted from those bills and from House and Senate “End of Session Reports.”

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) 561-5662, or access bill text and other legislative information through links on The Florida Bar’s Web site floridabar.org.

The Department of State will also have the new 2004 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://election.dos.state.fl.us/laws/.

Members desiring a copy of particular legislation in its final form may additionally contact: Session Law Chapter Numbers: Department of State, Elliott Building, 401 South Monroe Street, Tallahassee, Florida 32399-0250, (850) 488-8427. 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.

CS/CS/CS/SB 1010 — Administrative Procedures

This bill amends statutory provisions relating to Internet publication of the Florida Administrative Weekly, and revises and creates various duties of the Joint Administrative Procedures Committee. The bill revises some duties of the Department of State and the Administration Commission, and revises duties with respect to rulemaking for agencies. The bill revises provisions relating to the timing and substance of petitions for administrative review of agency actions. The bill also expands eligibility under the Florida Equal Access to Justice Act, through which small business parties may receive attorney’s fees and costs when they prevail in certain adjudicatory or administrative proceedings, to include certain individuals whose net worth did not exceed $2 million at the time of the state agency action. It also clarifies an agency’s duty to report on changes made to proposed rules after a final public hearing. The bill requires the Division of Administrative Hearings and agencies to recommend cases or disputes suitable for a statutory summary hearing process. It requires an agency’s final order in certain cases involving disputed issues of material fact to explicitly rule on the exceptions that parties take with the recommended order. If approved by the governor, it takes effect July 1, 2005.

CS/SB 1056 — Business Entities

This bill replaces the Florida Revised Uniform Limited Partnership Act (1986) with the Florida Revised Uniform Limited Partnership Act (2005), to incorporate reforms from the model act developed by the National Conference of Commissioners on Uniform State Laws (NCCUSL) as modified to conform to certain features of pre-existing Florida law. The bill also incorporates some of these organizational and administrative reforms into provisions relating to other business entities regulated by the state (corporations, limited liability companies, not-for-profit corporations, and partnerships). This includes harmonization of the merger and conversion provisions, to allow the conversion of business entities from one form to another in a one-step process. If approved by the governor, these provisions take effect July 1, 2005.

CS/CS/CS/SB 1476 — Department of Children and Family Services/Contracts/Service Provider

The bill removes a provision of law exempting the Department of Children and Family Services from the requirements of ch. 287, F.S. In addition, the bill requires that, when DCF uses the exemption from competitive procurement set forth in §
287.057(5)(f)13., F.S., to procure services from postsecondary institutions, DCF must provide an opportunity for all postsecondary institutions to bid on the procurement. The bill provides that when this exemption is used, it applies only to the contract between DCF and the postsecondary institution and not to any services or commodities provided by the postsecondary institution agency through a private vendor. The bill sets forth the requirements and processes for DCF contract managers and contract monitors. The bill authorizes DCF to enter into agreements, not to exceed 23 years, with a private contractor to finance, design, and construct a secure facility, as described in §
394.917, F.S., of at least 600 beds and to operate all aspects of daily operation within the facility. It describes allowable financing structures for the facility and directs DCF to begin implementation of this initiative by July 1, 2005. This section of the bill is repealed July 1, 2006. The bill directs the Office of Program Policy Analysis and Government Accountability to conduct two reviews of the contract management and accountability structures of DCF and to report its findings to the Legislature by February 1, 2006 and February 1, 2007. The bill amends §
409.1671, F.S., to conform definitions. If approved by the governor, these provisions take effect July 1, 2005.

SB 904 — Privatization of Foster Care

This bill relieves community-based care agencies and their subcontractors providing foster care and related services from the obligation of including references to the State of Florida or including the logo of the Department of Children and Families (DCF) in their advertising and descriptions of their programs unless the agency or subcontractor receives more than 35 percent of their total funding from the state. Approved by the governor on June 1, 2005, these provisions take effect upon becoming law.

CS/CS/CS/SB 1314 — Independent Living

This bill amends §
39.013, F.S., authorizing a youth in foster care to petition the court for continued jurisdiction for up to one year after their 18th birthday for the purpose of determining whether appropriate services have been provided to the formerly dependent foster child. This bill further provides for continued court jurisdiction up to the 22nd birthday for those formerly in foster care with pending Special Immigrant Visa status solely for the purpose of allowing the continued consideration of the petition and application by federal authorities. The court is directed to encourage the Statewide Guardian Ad Litem office to provide greater representation to foster children aging out of foster care. This bill amends §
39.701, F.S., requiring the Department of Children and Family Services to provide information in each judicial review report that the young adult was informed regarding the Medicaid program; of the young adult’s right to petition the court for continued jurisdiction; that, if eligible for the Road-to-Independence Scholarship, of the young adult’s ability to remain in a licensed foster home; and that the child has been encouraged to attend all judicial review hearings occurring after their 17th birthday. This bill also amends §
409.1451, F.S., expanding the young adult’s current right to remain with the licensed foster family or group care provider with whom the child was residing at the time of reaching their 18th birthday, to provide that the young adult may reside in another licensed foster home or group care provider arranged by the department. Additionally, this bill requires the department to enroll in the Florida KidCare program young adults who were formerly in foster care if they do not have health insurance or are not eligible for Medicaid and requires the Independent Living Advisory Council to study and report to the Legislature on the most effective way of providing health insurance for young adults formerly in foster care not eligible for the Florida KidCare program. A nonrecurring sum of $1,100,000 is appropriated from the General Revenue Fund to the Department of Children and Family Services to implement the provisions of this act. If approved by the governor, these provisions take effect July 1, 2005.

CS/CS/SB 758 — Child Protective Investigations

The bill prohibits the use of information contained in a report from a closed investigation of child abuse, neglect, or abandonment in any way which adversely affects the interests of a person when that person has not been identified as a caregiver responsible for the abuse, neglect, or abandonment. The prohibition extends to closed investigations of institutional abuse, neglect, or abandonment, as well, but the legislation provides that when the person is a licensee of the Department of Children and Family Services (DCF), the information may be considered if relevant in relicensing or revocation-of-license decisions when three or more instances have occurred over a five-year period. The bill also authorizes staff of a children’s advocacy center to access DCF records generated as a result of reports of child abuse, abandonment, or neglect to the child abuse hotline. All records of such reports and all records resulting from those reports are currently made confidential and exempt by the provisions of §
39.202, F.S., and are available only to entities listed in §
39.202, F.S. This bill adds the staff of children’s advocacy centers to the list of those who may have access to the reports. If approved by the governor, these provisions take effect upon becoming law.

HJR 1177 — Term Limits

The bill increases term limits for state legislators from eight to 12 years. The 12-year term limit applies only to legislators whose consecutive years in office begin on November 7, 2006, or thereafter; office holders prior to and continuing through November 7, 2006, remain subject to the current eight-year term limit restriction in s. 4(b), Art. VI, State Constitution. The bill also removes unconstitutional term-limit restrictions in the State Constitution applicable to federal office holders; the U.S. Supreme Court has ruled that state-imposed term limits on federal officers violates the qualifications clause of the U.S. Constitution. See, U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995). If approved by vote of the electors at the general election on November, 7, 2006, these provisions take effect at that time.

HJR 1723 — 60 Percent Passage Requirement

This legislation amends s. 5, Art. XI, State Constitution. The joint resolution increases the current affirmative passage requirement for proposed constitutional amendments or revisions, however proposed, (i.e., initiative, legislative joint resolution, Constitutional Revision Commission, Taxation and Budget Reform Commission, and constitutional convention) from a simple majority of those voting on the measure (50 percent plus one vote) to 60 percent of those voting on the measure. If approved by the electors of the state of Florida in November 2006, the new threshold will take effect on January 2, 2007.

HB 207 — Criminal Acts/State of Emergency

This bill reclassifies the felony degree of certain unarmed burglary offenses and theft offenses, if any of those offenses are committed in an area that is subject to a state of emergency declared by the governor under chapter 252, F.S. A reclassified offense is ranked one ranking level above the ranking of the offense committed and ranked in the offense severity level ranking chart of the Criminal Punishment Code. A person arrested for committing any of the specified burglary offenses in an area that is subject to a state of emergency may not be released until the person appears before a committing magistrate at a first-appearance hearing. Therefore, the person can only be admitted to bail after appearance before a judge. The governor vetoed this bill.

HB 233 — Unborn Quick Child

This bill expands the scope of §
316.193(3), F.S., relating to driving under the influence, to include the death of an “unborn quick child” within the definition of DUI manslaughter. The bill also expands the application of §
782.09, F.S. Currently, that section punishes the willful killing of an unborn quick child “by any injury to the mother of such child which would be murder if it resulted in the death of such mother” as manslaughter, a second-degree felony. This bill creates new subsections which would punish the unlawful killing of an unborn quick child by any injury to the mother at the same level as if the mother had died. In other words, if a person kills an unborn quick child by an act which would constitute first degree murder if the act were committed against the mother and she died, the offender could be charged with first-degree murder for the death of the unborn quick child. The same is true in cases of second- and third-degree murder, and manslaughter under the provisions of the bill. The bill specifies that the death of the mother resulting from the same act or criminal episode which caused the death of the unborn quick child shall not bar prosecution for the death of the unborn quick child. The definition of viable fetus, as set forth in §
782.071, F.S., is adopted for purposes of proving the death of an unborn quick child. A fetus is considered to be viable under the terms of §
782.071, F.S., when “it becomes capable of meaningful life outside the womb through standard medical measures.” §
782.071(2), F.S. Section 782.09, F.S., is further amended to provide that it does not authorize the prosecution of any person in connection with a termination of pregnancy pursuant to ch. 390, F.S. Approved by the governor on June 1, 2005, these provisions take effect October 1, 2005.

HB 411 — Criminal Punishment Code

The bill increases the level ranking of various offenses by ranking those offenses within the offense severity ranking chart of the Criminal Punishment Code. The bill ranks in Level 5 the previously unranked (Level 1) offenses of possession of child pornography, electronic transmission of child pornography, and electronic transmission of material harmful to a minor. The bill also ranks in level 6 the unranked (Level 1) offense of facilitating sexual conduct of or with a minor, and increases from a Level 6 to a Level 7 the offense of computer solicitation of a minor to commit an unlawful sex act. The result of these changes is that an offender convicted of any of these offenses is more likely (than under the law prior to these changes) to receive a prison sentence. These provisions were approved by the governor on May 10, 2005 and take effect July 1, 2005.

SB 1440 — Time Limitations/Criminal Offenses

Section 775.15, F.S., sets forth time limitations for commencing criminal prosecutions. The purpose of the statute of limitations for a criminal prosecution is to protect people from being indefinitely threatened by possible criminal prosecution, which might otherwise be delayed until such a time when defense witnesses become unavailable, judges change office, or other time hazards develop which could impede an otherwise good defense. State v. Hickman, 189 So. 2d 254 (Fla. 2nd DCA 1966), cert. denied, 194 So. 2d 618 (1966). This bill makes the statute of limitations in §
775.15 F.S. easier to understand and more “user friendly” to practitioners and ordinary citizens by reorganizing it into a more logical and understandable format. The bill groups the general time limitation periods together, followed by the “administrative” provisions such as when an offense is committed and when a prosecution is commenced. The various exceptions and extensions to the general time limitation periods will become the final subsections in the statute. Approved by the governor on June 1, 2005, these provisions take effect July 1, 2005.

CS/SB 656 — Deputy James M. Weaver Act

This bill provides that the sum of $50,000 in death benefits, adjusted as provided in §
112.19(2)(j), F.S., shall be paid if a law enforcement, correctional, or correctional probation officer is accidentally killed at the scene of a traffic accident to which the officer responded or while enforcing what is reasonably believed to be a traffic law or ordinance. The bill also provides, with certain exceptions, that no disciplinary action, demotion, or dismissal shall be undertaken by an agency against a law enforcement officer or correctional officer for an allegation of misconduct if the investigation of the allegation is not completed within 180 days after the date the agency receives notice of the allegation by a person authorized by the agency to initiate the investigation of the misconduct. The bill also provides a time limitation for completing an investigation and giving notice when the agency determines disciplinary action is appropriate, and provides for circumstances in which this limitations period may be tolled. The bill also provides a time limitation for completing a disciplinary action resulting from an investigation that is reopened, and provides circumstances in which the investigation may be reopened, notwithstanding the limitations period for commencing a disciplinary action. Approved by the governor on June 1, 2005, these provisions take effect July 1, 2005, and apply to actions arising on or after that date.

HB 1877 — Jessica Lunsford Act

The bill (Chapter 2005-28, L.O.F.), entitled the “Jessica Lunsford Act,” contains many major provisions. The bill mandates a 25-year minimum mandatory term of imprisonment followed by lifetime supervision with electronic monitoring for persons convicted of lewd and lascivious molestation of a child under 12 (currently there is no lifetime supervision mandate). It expands from 20 years to 30 years the period of time before someone can petition to have the sexual predator designation removed. It creates a new aggravating circumstance to qualify a murdering sexual predator for a death sentence. It creates two new third degree felonies: (1) for harboring a registered sex offender/predator, and (2) for tampering with an electronic monitoring device. The bill strengthens and expands the background screening requirement for contract employees working on school grounds. There is already a screening requirement in current law. This amendment clarifies that the screening requirement applies to individuals who are permitted access on school grounds when students are present. It requires the Florida Department of Law Enforcement (FDLE) to provide information to local law enforcement officials about sexual predators and sexual offenders who fail to register or fail to respond to address verification attempts or otherwise abscond from registration requirements. It also requires the Department of Corrections (DOC) to purchase and operate fingerprint reading equipment for probation offices to better track the probationer when they are rearrested. The bill increases the penalty for the failure of a sex offender or sexual predator to register and creates a penalty for failure to report to the sheriff’s office. It enhances the penalty for lewd and lascivious molestation of a child younger than 12 years of age from a first degree felony to a life felony. The bill requires county misdemeanor probation officials to search the sex offender/predator registry. It requires contracts with private misdemeanor probation providers to include procedures for accessing criminal history records of probationers. The bill requires the Office of Program Policy and Government Accountability (OPPAGA) to study every three years the registry and report findings to the Legislature every three years. Also, OPPAGA is asked to look at sentencing information and plea negotiation practices and report back to the Legislature by March of 2006. FDLE is required to implement a bi-annual check-in process for sexual predators and offenders. Twice a year the registered offenders will need to report to their local county jail or be subject to criminal prosecution. The bill almost triples the funding of electronic monitoring units used by state probation officials and requires the purchase of the new units to be competitively bid. It creates a task force within FDLE to examine the collection and dissemination of criminal history records. DOC is directed to review and report serious offenses committed by probationers, and develop a risk assessment system to monitor high risk offenders and to provide cumulative histories to the court on high risk sex offenders. The bill requires a court to make a finding that the sex offender on probation does not pose a danger to the public before he or she is released with or without bail on a violation of probation. It expands the types of mandatory conditions that the court must impose on sex offenders when they sentence them to community control supervision, such as maintaining a driving log and submitting to polygraph testing. We already have these conditions for those offenders placed on sex offender probation; this amendment expands it to all community controllees. The bill prospectively mandates that the Parole Commission order electronic monitoring for persons who are leaving prison on conditional release and who have been convicted of various unlawful sex acts against a child 15 years of age or younger. It retroactively requires the court to electronically monitor registered sex offenders and sexual predators whose victims were 15 years of age or younger and who violate their probation or community control and the court imposes a subsequent term of probation and community control. Finally, the bill prospectively mandates the court to order electronic monitoring for persons placed on probation or community control who: are convicted or previously convicted of various unlawful sex acts against a child 15 years of age or younger; or are registered sexual predators. These provisions were approved by the governor on May 10, 2005 and take effect September 1, 2005.

CS/SB 1354 — Sexual Offenders

This bill amends portions of chapters. 947 and 948, F.S., to establish the narrow circumstances under which a sexual offender on conditional release, probation, or community control may have supervised contact with a minor. If the offender’s victim was under the age of 18, the offender may only have supervised contact with a minor if it is approved by the Parole Commission or the sentencing court and is recommended by a qualified practitioner who has performed a risk assessment and issued a written report based upon a lengthy list of criteria. The visit may not take place unless the minor’s parent or legal guardian has agreed in writing to the visit and has reviewed a safety plan detailing the acceptable conditions of contact during the visit. The bill also prohibits the offender from accessing or using the Internet until the qualified practitioner approves a safety plan for the offender’s use of the Internet or similar service. Approved by the governor on May 26, 2005, these provisions take effect January 1, 2006.

CS/CS/SB 436 — Protection of Persons/Use of Force

This bill (Chapter 2005-27, L.O.F.) substantially amends §
776.012, F.S., and §
776.031, F.S. This bill also creates two new sections of the Florida Statutes: §
776.013, F.S., and §
776.032, F.S. The bill permits a person to use force, including deadly force, without fear of criminal prosecution or civil action for damages, against a person who unlawfully and forcibly enters the person’s dwelling, residence, or occupied vehicle. Additionally, the bill abrogates the common law duty to retreat when attacked before using deadly force that is reasonably necessary to prevent imminent death or great bodily harm. These provisions were approved by the governor and take effect October 1, 2005.

HB 193 — Chad Meredith Act/Hazing

The bill expands the definition of “hazing” as it applies to postsecondary institutions and prohibits high school hazing for grades 9 through 12. “Hazing” means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes, including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a high school or postsecondary institution, as applicable. “Hazing” does not include customary athletic events or other similar contests or competitions. Hazing at the high school or college level shall be a first degree misdemeanor if the hazing creates a substantial risk of physical injury or death, or a third degree felony if the hazing results in serious bodily injury or death. A court is required to order an individual convicted of hazing to attend and complete a 4-hour hazing education course and may also impose a condition of drug or alcohol probation. The bill provides that certain defenses to a criminal action are not applicable to the crime of hazing. These prohibited defenses include consent of the victim, the hazing was not part of an official organizational event, or the hazing was not conducted as a condition of membership into the organization. Approved by the governor on June 7, 2005, these provisions take effect July 1, 2005, and apply to offenses committed on or after that date.

SB 1678 — Determination of Public School Class Size Averages

The bill provides that if a school district’s actual October survey of student membership exceeds the student membership which had been projected for the district in the Florida Education

Finance Program first calculation, then the projected number shall be the number used to determine whether the school district is in compliance with meeting the class size reduction requirement. The bill further provides that if a district has had funds transferred from its class size reduction operating categorical to an approved fixed capital outlay appropriation for class size reduction and the school district meets the class size reduction in the subsequent year, then the transfer may be reversed and moneys moved back to the class size reduction operating categorical from the fixed capital outlay appropriation for class size reduction. If approved by the governor, these provisions take effect July 1, 2005.

CS/CS/SB 2236 — Tuition Rates/State Universities and Community Colleges

The bill enacts an excess credit hour policy that requires students to pay 75 percent over the in-state tuition rate for credit hours a student takes in excess of 120 percent of the credit hours required for their associate or baccalaureate degree requirements. The excess credit hour policy contains several exemptions. The bill also authorizes university boards of trustees to set tuition and fees for graduate, graduate professional and nonresident students, unless otherwise provided by law. At least 20 percent of any tuition increase authorized by a university board of trustees under this committee substitute must be allocated for need-based financial aid for students. If approved by the governor, these provisions take effect July 1, 2005.

HB 1673 — Second Primary Election

The bill permanently eliminates the second primary election, and provides for nine weeks between the primary and general election. The bill also makes numerous conforming changes to the Florida Election Code. For example, it repeals the 45-day overseas advance balloting system for the second primary and general elections. The nine-week period between the primary and general election allows sufficient time for overseas ballots to be printed, mailed, and returned. This should place the State of Florida in a position to petition the federal court for release from a consent agreement entered into in 1982, whereby votes cast in federal races on general election ballots received up to 10 days after the election must be included in the official vote tally. If approved by the governor, these provisions take effect January 1, 2006, provided the United States Department of Justice preclears the law pursuant to §
5 of the Voting Rights Act.

HB 1589 — Florida Voter Registration System

The bill sets out requirements for the new Florida Voter Registration System (“FVRS”) that must be operational by January 1, 2006, to comply with the Help America Vote Act of 2002 (“HAVA”). In addition, the bill requires the Department of State to provide a report of specific voter information to the Legislature within certain timeframes, and requires the reporting of election results by precinct. It clarifies that a mark must be placed by a voter registration applicant in the various check boxes on the voter registration application affirming the applicant’s eligibility in order for an application to be complete. The bill gives the Secretary of State authority to bring and maintain actions at law or by mandamus or injunction to enforce the performance of any duties of a county supervisor of elections or any election official performing duties with respect to chs. 97-102 and ch. 105, F.S., or to enforce compliance with department rules. The Secretary is required to confer or make a good faith effort to confer with the affected election official prior to initiating legal action. The bill changes the qualifying date for persons seeking the office of Public Defender and State Attorney to coincide with the qualifying dates for judicial office. It expands the rulemaking authority of the Department of State to encompass the interpretation and implementation of any provision of the Election Code. It restricts candidates for statewide office from accepting contributions from national or state political parties, including subordinate committees, when the aggregate contribution exceeds $250,000, no more than $125,000 of which may be accepted prior to the 28-day period immediately preceding the date of the general elections. Finally, the bill revises the method of calculating a candidate’s expenditures, if the candidate is requesting contributions from the Election Campaign Financing Trust Fund. For any candidate who requests contributions from the “Election Campaign Financing Trust Fund,” the total expenditure limit is increased for a candidate for governor and lieutenant governor from $5 million to $2 dollars for each Florida-registered voter, and for Cabinet officers from $2 million to $1 dollar for each Florida-registered voter. If approved by the governor, these provisions, unless otherwise provided for in the bill, take effect January 1, 2006.

HB 1591 — Public Records Exemption for Voter Registration Information

The bill is linked to HB 1589, which sets out requirements for the new Florida Voter Registration System that must be operational by January 1, 2006, to comply with the Help America Vote Act of 2002. The bill expands and creates, and makes retroactive, a number of public records exemptions. The bill makes a voter’s Social Security number, driver’s license number, and Florida identification number of a voter confidential and exempt from disclosure. The bill makes a voter’s signature on any document (i.e., voter registration form, absentee ballot request, absentee ballot mailing envelope, provisional ballot voter’s certificate) exempt from public records for the purpose of copying; voter’s signatures may still be inspected. The bill exempts from disclosure address information in voter registration records for participants in the Address Confidentiality Program for Victims of Domestic Violence. The bill also reenacts existing public records exemptions for declinations to register to vote, and information relating to the place where a person registered or updated a voter registration. In addition, the bill deletes a current exemption that bans the copying of a voter’s telephone number. If approved by the governor, these provisions take effect January 1, 2006.

HB 1567 — Elections Code Revision

The bill primarily contains numerous conforming, technical, and clarifying changes to the Florida Election Code stemming from Florida’s overhaul of its election administration system originating with passage of the Florida Election Reform Act of 2001. The bill regulates voter registration activities by third-party voter registration organizations. It also removes the affirmation of citizenship that is contained in the oath a voter must sign on a voter registration application. The bill permits a person casting a provisional ballot to present written evidence supporting his or her eligibility to vote to the supervisor no later than 5 p.m. on the third day following an election. It also permits any elector or poll watcher to challenge the right of any voter to vote 30 days or less before an election by filing a completed copy of the oath, and provides a penalty for a voter or poll watcher who files a frivolous challenge. However, an elector or poll watcher is not subject to liability for any action taken in good faith and in furtherance of any activity or duty permitted of such elector or poll watcher by law. Each instance where any elector or poll watcher files a frivolous challenge of any person’s right to vote constitutes a separate offense. The bill prohibits anyone from soliciting a voter at a polling place, early voting site, or within 100 feet of such locations, in an effort to provide the voter with assistance in casting their vote. The bill also prohibits the solicitation of voters inside the polling place or within 100 feet of the entrance to a polling place or early voting site, and removes all exceptions to the no-solicitation zone. The bill prohibits photography in the polling room or early voting area. It allows the political party to nominate a replacement candidate if a vacancy occurs in nomination for any reason. The bill requires a voter’s request for an absentee ballot to be received by the supervisor no later than 5 p.m. on the sixth day prior to the election, and requires a supervisor to mail an absentee ballot to the voters requesting ballots no later than four days before the election. The bill also requires a supervisor to track when a ballot is delivered to a voter, or the voter’s designee, or when the ballot was delivered to the post office. It requires supervisors of elections to designate early voting sites no later than 30 days before an election, and requires all early voting sites in a county to be open on the same days for the same amount of time. In addition, the bill permits poll watchers at early voting areas, and allows political committees registered to support or oppose a ballot issue to have one watcher in each polling room and early voting area. The bill prohibits a manual recount from being ordered if the number of overvotes, undervotes, and provisional ballots is fewer than the number of votes needed to change the outcome of the election. The bill also removes the provision allowing a candidate who was defeated by between one-quarter and one-half percent of the votes from requesting a manual recount. The bill prohibits a political party from accepting an in-kind contribution that does not provide a direct benefit to the political party. The bill permits any employee of the Department of State, with expertise in the matter of concern to the secretary, to have full access to all premises, records, equipment, and staff of a supervisor of elections, upon the written direction of the secretary of state. If approved by the governor, these provisions, unless otherwise provided for in the bill, take effect January 1, 2006.

HB 1377 — Ethics Code Revision; Providing for Additional Restrictions on the Conduct of Elected Officials and Former and Current Government Employees; Prohibiting Lobbyists from Serving as Members of the Ethics Commission

The bill clarifies and revises portions of the ethics code of the State of Florida, and provides for additional restrictions on the conduct of current and former government employees and elected officials. The bill also prohibits persons who are registered to lobby the legislative and executive branches of state government, or any local governmental entity, from serving as members of the Commission on Ethics, and further prohibits any member of the commission from lobbying the Legislature or executive branch of state government, or any local governmental entity, while serving as a member of the Ethics Commission. Specifically, the bill extends the Little Hatch Act to prohibit all state employees, or employees of any political subdivision, from being involved in political campaigns while on duty. The bill amends the prohibition against using inside information gained while in a public position to benefit oneself or another, clarifying that the prohibition applies to former employees and officers — except for information relating exclusively to governmental practices or procedures. The “revolving door” prohibition against representing a client before one’s former agency is revised to make the prohibition applicable to other-personal-services (OPS) employees and to exempt from prohibition’s applicability any agency employees whose positions were transferred from Career Service status to Select Exempt Service status under the “Service First” law. Additionally, the bill applies the two-year prohibition for former local elected officials representing another person or entity to prohibit representation before the government body or agency they served (which would include staff), rather than just the body of which they were a member. The bill further revises post-employment restrictions to allow state employees whose jobs are privatized to work for a private entity under certain circumstances. A prohibition is added to keep state executive branch employees from leaving government and then representing a client before their former agency in connection with the same matter in which they participated while an agency employee. If approved by the governor, these provisions take effect October 1, 2005.

HB 759 — Environmental Permitting Programs

This bill provides that financial responsibility must be provided for permitted phosphate mining activities that affect wetlands. For permitted phosphate mining activities which will occur over a period of 3 years or less, financial responsibility demonstration must be provided to the Department of Environmental Protection (DEP) prior to the commencement of mining operations in an amount equal to 110 percent of the estimated mitigation costs for wetlands and other surface water affected under the permit. For permitted activities which will occur over a period of more than 3 years of mining operations, the initial financial responsibility demonstration shall be in an amount equal to 110 percent of the estimated mitigation costs for wetlands and other surface waters affected in the first 3 years of operation under the permit. For each year thereafter, the financial responsibility demonstration shall be updated, to provide an amount equal to 110 percent of the estimated mitigation costs for the next year of operations under the permit for which financial responsibility has not already been demonstrated and to release portions of the financial responsibility mechanisms. The mechanisms for providing financial responsibility are provided. The financial responsibility requirements for phosphate mining operations do not apply to any mitigation for wetlands that is required pursuant to a permit or permits initially issued by the DEP or district prior to January 1, 2005. The bill also directs the DEP to develop on or before October 1, 2005, a mechanism or plan to consolidate the federal and state wetland permitting programs. The bill’s stated intent is to have the state process all dredge and fill activities impacting 10 acres or less in wetlands or water as part of the environmental resource permitting program. The mechanism or plan shall analyze and propose the development of an expanded state programmatic general permit program in conjunction with the U.S. Army Corps of Engineers pursuant to §
404 of the federal Clean Water Act and §
10 of the Rivers and Harbors Act of 1899. The DEP shall file a report with the speaker of the House of Representatives and the President of the Senate proposing any required federal and state statutory changes that would be necessary to accomplish the expanded state programmatic general permit. The DEP must coordinate with the Florida Congressional Delegation on any necessary changes to federal law to implement the directives. The date for the Northwest Florida Water Management District to implement an Environmental Resource Permit program is extended from July 1, 2005, to July 1, 2010. The date by which the Peace River Basin resource management plan must be submitted to the governor, the president of the Senate, and the speaker of the House of Representatives is extended to January 31, 2007. If approved by the governor, these provisions take effect upon becoming law.

HB 1389 — Water Control Districts

This bill will allow the board of supervisors of a water control district to purchase, sell, lease, convey, or transfer real or personal property. A water control district located entirely within an unincorporated portion of a county and which has an adopted water control plan would be allowed to be the exclusive provider within the district for services and facilities under ch. 298, F.S. A water control district’s engineer’s report that meets certain criteria is exempt from the water control plan adoption process. The board of supervisors of the water control district must hear all proposed revisions to the engineer’s report, the water control plan, or plan amendments, and the board of supervisors may approve or amend the engineer’s report, the water control plan, and plan amendments. The water control district assessments constitute a lien on the assessable property. If approved by the governor, these provisions take effect upon becoming law.

HB 1395 — Beach Safety

This bill provides that the Department of Environmental Protection (DEP) must develop, direct, and coordinate the uniform beach warning and safety flag program. The purpose of the program is to encourage the display of uniform warning and safety flags at public beaches along the coast of the state and to encourage the placement of uniform notification signs that provide the meaning of such flags. Only warning and safety flags developed by the DEP may be displayed. Approved by the governor on June 8, 2005, these provisions take effect July 1, 2005.

HB 1283 — Child Support Enforcement

This bill includes a number of provisions that increase coordination between state and local agencies to establish orders for paternity and support, to enforce the parent’s responsibility to pay support, and to ensure that the monies collected get to children and their families. The bill requires a feasibility study to be conducted on electronic processing of birth records, allows paternity to be established administratively based on genetic testing results of 99 percent or greater, allows amended birth record information to be available to the Department of Revenue (DOR or the department) without a court order, permits genetic testing in correctional facilities based on an administrative order, establishes a licensing application requirement for hospital paternity programs, and clarifies that hospitals will not be sanctioned or fined for noncompliance with requirements to assist unmarried parents execute voluntary acknowledgments of paternity. The bill reduces retroactive support for noncustodial parents who agree to a support order, increases the number of cases that support orders can be established for by allowing parents who receive food stamps or Medicaid to be ordered to pay support if financially able to do so, and requires electronic processing of child support judicial actions. The bill permits the posting of undistributed child support collection information on the Internet, provides for electronic disbursement of support to families, and requires electronic remittance of child support payments by certain employers. The bill amends the procedure for reporting child support obligations to consumer reporting agencies, requires a method to transmit income withholding and medical support notices electronically, provides notice to the department when a judgment by operation of law is recorded, and improves criminal nonsupport procedures to increase the use of this enforcement tool for the most serious non-payers by removing the limitation of a remedy of last resort, the required notice to a noncustodial parent prior to commencing criminal action, and the requirement for a prior adjudication of contempt. The bill provides a penalty for those employers who refuse to enroll children in available health plans after receiving notice of federal and state requirements to do so and permits data exchange between DOR and the Agency for Health Care Administration to ensure that children have health care coverage and increase the number of children with private coverage, when it is available. Approved by the governor on May 20, 2005, these provisions take effect upon becoming law, except as otherwise provided.

SB 166 — Child Support

Senate Bill 166 requires the Department of Revenue (DOR) to make reasonable efforts to locate and notify persons to whom collections or refunds of child support are owed. In making these efforts, DOR is authorized to disclose names and other information on the Internet but is required to take reasonable steps to protect the privacy of persons to whom money is owed when placing information on the Internet. Any actions taken to protect privacy must be in compliance with the requirements of the public records law, §
119.01(2)(a), Florida Statutes. The governor vetoed the bill.

HB 1041 — Women’s Health and Safety Act

This bill creates the “Women’s Health and Safety Act,” to require the Agency for Health Care Administration to adopt separate rules for licensed abortion clinics that perform abortions only during the first trimester of pregnancy and for those licensed abortion clinics that perform abortions after the first trimester of pregnancy. The rules may not impose an unconstitutional burden on a woman’s freedom to decide whether to terminate her pregnancy. The rules for abortion clinics that perform abortions after the first trimester of pregnancy must address an abortion clinic’s physical facilities, clinic supplies and equipment standards, clinic personnel, medical screening and evaluation of each abortion clinic patient, abortion procedure, recovery room standards, follow-up care, and incident reporting. These rules must require an abortion clinic to designate a medical director who is licensed in Florida and who has admitting privileges at a licensed hospital or has a transfer agreement with a licensed hospital within reasonable proximity of the clinic. The rules must require that a physician, registered nurse, licensed practical nurse, advanced registered nurse practitioner, or physician assistant be available to all patients throughout the abortion procedure. A registered nurse, licensed practical nurse advanced registered nurse practitioner, or physician assistant who is trained in the management of the recovery area must remain on the premises of the abortion clinic until all patients are discharged. The rules must require an abortion clinic to report to the Agency for Health Care Administration, in writing within 10 days of the occurrence, each incident that results in serious injury to a patient or a viable fetus at an abortion clinic. If a patient death occurs, other than a fetal death properly reported pursuant to law, the abortion clinic must report it to the agency no later than the next workday. Approved by the governor on May 31, 2005, these provisions take effect July 1, 2005.

CS/CS/SB 838 — Medicaid

The bill contains both short and long-term Medicaid reform matters, demonstration projects, and studies designed to improve efficiency and achieve sustainable growth in Florida’s Medicaid program. Specifically, the bill requires the Agency for Health Care Administration to contract with a vendor to identify and counsel providers whose clinical practice patterns are outside normal practice patterns to improve patient care and reduce inappropriate utilization. It authorizes AHCA to use more single-source contracting to reduce costs, without limiting access to care, and requires AHCA to determine if purchasing medical equipment is less expensive than rental and authorizes AHCA to facilitate purchases in lieu of long-term rentals in order to protect against fraud and abuse. It requires that provider service network contracts currently in effect shall be extended for a period of 3 years and provides a definition for a provider service network. The bill directs AHCA to pilot test an integrated, fixed payment long-term care delivery system in two, nondesignated areas of the state, with one site having voluntary participation and one site having mandatory participation. The bill specifies the types of long-term care funds to be combined under the system and the types of health plans that can participate in the system. Implementation of the long-term care delivery system is contingent upon the approval of the federal waiver by the Legislature. The Office of Program Policy Analysis and Government Accountability is directed to evaluate the long-term care pilot program. It requires AHCA to consider business cases for changing reimbursement rates for certain services if the change reduces costs in other parts of the Medicaid program, and requires the Comprehensive Assessment and Review for Long-term Care Services staff to identify Medicare patients in nursing homes that are being inappropriately disqualified from coverage under Medicare and assist with appeal of the disqualification, contingent on whether this authority is determined to be a reimbursable service under Medicaid rules. The bill requires AHCA to contract with an entity to develop a real-time utilization tracking system or electronic medical record for Medicaid recipients. It requires AHCA to develop emergency department diversion programs in conjunction with those being developed in the private sector as a result of HB 1629 from the 2004 Legislative Session. The bill also modifies the Medicaid prescription drug utilization program to permit dispensing practitioners to participate in the Medicaid pharmacy network regardless of their proximity to other dispensing entities. The bill requires AHCA to implement a prescription-drug-management system to coordinate proper clinical practices among physicians and pharmacists. The bill requires AHCA to study whether its reuse program can be expanded to reduce the unnecessary destruction of drugs. It allows mental health crisis care to be provided in licensed crisis-stabilization facilities if it is less costly. The bill also specifies waiver authority for AHCA to establish a statewide Medicaid reform initiative contingent upon federal approval to preserve the upper-payment-limit funding mechanism for hospitals and contingent upon protection of the disproportionate share program authorized pursuant to ch. 409, F.S. It further provides that phase one of this demonstration project shall be implemented in two geographical areas. One site shall include only Broward County, a second site shall initially include Duval County and shall be expanded to include Baker, Clay, and Nassau Counties within one year after the Duval County program becomes operational. Upon completion of the evaluation, after 24 months of operation of the pilot projects, AHCA may request statewide expansion. Statewide phase-in to additional counties is contingent upon review and approval of the Legislature. The bill enumerates the powers, duties, and responsibilities AHCA shall have with respect to the development of the demonstration program. AHCA is required to include the delivery of all mandatory services specified in §
409.905, F.S., and optional services specified in §
409.906, F.S., as approved by the Centers for Medicare and Medicaid Services and the Legislature. Services to recipients under plan benefits are required to include emergency services. The bill recommends that Medicaid-eligibility categories to be included in the program. It also determines and recommends actuarially sound, risk-adjusted capitation rates, as well as program standards and credentialing requirements for health plans to participate in the program including allowing federally-qualified health centers, federally qualified rural health clinics, county health departments, and other public providers to participate in the reform program if willing. The bill develops a system for assisting recipients in choosing among health plans in the program (choice counseling), including types of materials that must be provided, multi-lingual requirements, anti-fraud and recipient recruiting requirements, and verification requirements that a recipient received choice counseling. The bill gives authority to allow the agency to contract for the service and develop a grievance procedure for recipients and providers. The bill develops and recommends a monitoring system to prevent fraud and abuse by plans, their providers, and recipients. It also develops a system where plans compensate school districts for services they must provide to their students on Medicaid and develops a system that addresses special needs of children with chronic medical conditions, persons with developmental disabilities, and children in foster care. The bill provides an opt-out provision to allow recipients to purchase employer-sponsored coverage, but allows a recipient to reenroll in Medicaid within a certain timeframe if the opt-out option was not the best choice for the individual. The bill requires AHCA to post all waiver applications to implement this program on its Internet website 30 days prior to submission to the federal government. All waiver applications must be provided to the House and Senate 10 days before submission to the federal government and all waivers approved by the federal government may not be implemented without review and approval of the Legislature as a whole. The bill requires OPPAGA and the Auditor General to conduct an evaluation of the pilot to be provided to the governor and the Legislature no later than June 30, 2008, to consider statewide expansion. The bill requires that Medicaid lung transplants be reimbursed using a global payment methodology and appropriates funds for these services. It also requires that at least 5 percent of Medicaid audits to detect Medicaid funds lost to fraud and abuse be conducted on a random basis and requires Medicaid recipients to be provided explanations of benefits. The bill requires AHCA to study the legal and program barriers to enforcing copayments in the Medicaid program. It requires AHCA to develop recommendations to improve third-party liability recoveries and ensure that Medicaid is the payor of last resort. OPPAGA is required to study and confirm the value of nursing home diversion programs. AHCA is required to study mechanisms for collecting patient-responsibility payments from persons in the diversion programs. The bill also requires OPPAGA to conduct a study of Medicaid buy-in programs, and whether the Medically Needy program can be redesigned to be a Medicaid buy-in program. It additionally requires OPPAGA, in consultation with the Attorney General’s Medicaid Fraud Control Unit and the Auditor General, to study potential fraud and abuse by pharmaceutical manufacturers in their pricing and rebate practices in Medicaid. The bill requires the report to be submitted to the Legislature and governor by January 1, 2006. The bill repeals provisions of SB 404, the Health Appropriations Conforming bill that changes the agency’s rule-making authority related to rate setting in ch. 120, F.S., removes rates from provider contracts, allows the agency to adjust Medicaid rates in provider contracts with only a 48-hour notice, and removes a provider’s right to an administrative hearing under ch. 120, F.S. Instead, the bill requires the Senate Select Committee on Medicaid Reform to study how provider rates are established and modified. The bill also provides Medicaid HMOs a 2.8 percent rate increase. Approved by the governor on June 3, 2005, these provisions take effect July 1, 2005.

SB 1122 — Third Party Liability

This bill authorizes the Department of Revenue to provide the Agency for Health Care Administration with estate tax information for purposes of determining recoveries through the state’s Medicaid Estate Recovery Act. The bill also reenacts the existing confidentiality provisions relating to this information. The bill requires third-party administrators and pharmacy benefits managers to provide data to the agency for purposes of determining Medicaid third party liability and requires a copy of a death certificate to be included with any notice to creditors served on the agency. Approved by the governor on June 3, 2005, these provisions take effect July 1, 2005.

CS/SB 938 — Adverse Medical Incidents

This bill implements the 2004 amendment creating §25, Art. X, of the State Constitution, which provides patients access to records of adverse medical incidents. The bill provides a popular title, the “Patients’ Right-to-Know about Adverse Medical Incidents Act.” The act requires hospitals, ambulatory surgical centers, mobile surgical facilities, medical physicians, osteopathic physicians, and podiatric physicians to provide access to records of adverse medical incidents that occurred on or after November 2, 2004. An adverse medical incident means medical negligence, intentional misconduct, or any other act, neglect, or default of a health care facility or health care provider, which caused, or could have caused, injury or death to a patient. A patient may have access to a final adverse medical incident report of the facility or provider of which he or she is a patient, which involves the same, or substantially similar, condition, treatment, or diagnosis as that of the patient requesting access. A patient must request adverse medical incident records in writing and must provide his or her name; address; the last four digits of his or her Social Security number; a description of his or her condition, treatment, or diagnosis; and the name of the health care providers whose records are being sought. The act prohibits the disclosure of the identity of patients involved in an adverse medical incident report. The records of adverse medical incidents obtained by a patient under this act are not discoverable or admissible into evidence in any civil or administrative action against a health care facility or provider, unless otherwise provided by an act of the Legislature. The act establishes fees that may be charged for copies of records. If approved by the governor, these provisions take effect upon becoming law.

CS/SB 940 — Repeated Medical Malpractice

The bill implements the 2004 amendment creating § 26, Art. X of the State Constitution, which provides that “[n]o person who has been found to have committed three or more incidents of medical malpractice shall be licensed or continue to be licensed by the State of Florida to provide health care services as a medical doctor.” The bill applies the constitutional provision to allopathic and osteopathic physicians. Only incidents that occurred on or after November 2, 2004, may be considered for purposes of the prohibition on licensure for repeated medical malpractice. The Board of Medicine and the Board of Osteopathic Medicine, when revoking a license, or granting or denying a license must review the facts supporting an incident of medical malpractice using a clear and convincing standard of evidence. The time for the boards to review physician licensure applications is extended from 90 to 180 days. Acts of medical malpractice, gross medical malpractice, or repeated malpractice, as grounds for which an allopathic or osteopathic physician may be disciplined, are redefined to implement §26, Art. X of the State Constitution. Incident is defined to include a single act of medical malpractice, regardless of the number of claimants. Multiple findings of medical malpractice arising from the same act or acts associated with the treatment of the same patient must count as only one incident. Beginning July 1, 2005, the Department of Health must verify each physician’s disciplinary history and medical malpractice claims at initial licensure and licensure renewal using the National Practitioner Data Bank. The physician profiles must reflect the disciplinary action and medical malpractice claims as reported by the National Practitioner Data Bank. If approved by the governor, these provisions take effect upon becoming law.

HB 1659 — Parental Notice of Abortion Act

This bill will implement the 2004 amendment creating s. 22, Art. X, State Constitution, which authorizes the Legislature to require by general law for notification to a parent or guardian of a minor before the termination of the minor’s pregnancy. The bill requires a physician to give actual notice in person or by telephone 48 hours before the termination of a minor’s pregnancy. If actual notice is not possible after a reasonable effort has been made, the physician performing the termination of pregnancy or the referring physician must give constructive notice in writing, signed by the physician, and mailed at least 72 hours before the termination of the minor’s pregnancy to the last known address of the parent or legal guardian. Constructive notice must be sent by certified mail, return receipt requested, with delivery restricted to the parent or legal guardian. After the 72 hours have passed, delivery of the constructive notice is deemed to have occurred. Violation of the notification requirement constitutes grounds for disciplinary action against the physician under the physician’s practice act. Notice is not required if: a medical emergency exists and there is insufficient time for the physician to comply with the notice requirements; the person entitled to notice waives in writing his or her right to notice; the minor is or has been married or is emancipated; the minor waives notice because she has a minor child dependent on her; or notice is waived by the judicial waiver procedure that is established in the bill. A minor may petition any circuit court in a judicial circuit within the jurisdiction of the District Court of Appeal in which she resides for a waiver of the notice requirement, and she may file the petition under a pseudonym or through the use of initials, as provided by court rule. The court must advise the minor that she has a right to court-appointed counsel and must provide her with counsel upon her request at no cost to the minor. The court must rule within 48 hours unless the 48-hour limitation has been extended at the request of the minor. If the court does not rule within 48 hours and the limit has not been extended, the petition is granted and the notice requirement is waived. If the court finds by clear and convincing evidence that the minor is sufficiently mature to decide whether to terminate her pregnancy, the court must issue an order authorizing the minor to consent to the termination of pregnancy without notification of a parent. If the court finds by a preponderance of the evidence that there is evidence of child abuse or sexual abuse of the petitioner by a parent or guardian, or that the notification of a parent or guardian is not in the best interest of the minor, the court must issue an order authorizing the minor to consent to the termination of pregnancy without notification of a parent or guardian. If the court does not find one of the following — that the minor is sufficiently mature to decide, that there is evidence of child abuse or sexual abuse of the minor by a parent or guardian, or that notification of a parent or guardian is not in the best interest of the petitioner — the court must dismiss the petition. The bill requires a written transcript of all testimony and proceedings and requires confidentiality of the proceedings under §
390.01116, F.S. A separate public records bill, CS/SB 798 amended §
390.01116, F.S., to apply the public records exemption to the provisions of this bill. The bill requires an expedited and confidential appeal, provides for waiver of filing fees and court costs, and provides that counties are not required to pay for court-appointed counsel. The bill requests the Supreme Court to adopt rules and forms for petitions, including provisions addressing confidentiality; and requires the Supreme Court to report annually to the governor and the Legislature on the number of petitions filed, and the timing and manner of disposal of the petitions. Approved by the governor on May 25, 2005, these provisions take effect upon adoption of rules and forms by the Supreme Court, but no later than July 1, 2005.

SB 356 — Substance Abuse Treatment

This bill amends the definition of “licensed service provider” provided by §
397.311(18), F.S., to include a service component for “intensive inpatient treatment.” This component includes a planned regimen of professionally directed evaluation, observation, medical monitoring, and clinical protocols that are provided 24 hours a day, seven days per week in a highly structured, live-in environment. The changes proposed by this bill more accurately describe the services that are being provided by facilities that are experiencing problems with third party reimbursement. It is anticipated by some in the substance abuse treatment community that designating this new service component will have a positive impact on the providers’ ability to collect third party payments. A definition is created for “medical monitoring,” one of the services included in the “intensive inpatient treatment” component that is not typically included in other residential treatment levels. This bill specifies that “medical monitoring” means oversight and treatment 24 hours per day by medical personnel of clients whose subacute biomedical, emotional, psychosocial, behavioral, or cognitive problems are so severe that the clients require intensive inpatient treatment by an interdisciplinary team. Medical personnel, as used in the term “medical monitoring,” is limited to persons who are Florida-licensed medical physicians, osteopathic physicians, physician assistants, or nurses. Additionally, this bill amends §
394.499, F.S., to authorize the Department of Children and Family Services and the Agency for Health Care Administration to expand the children’s behavioral crisis unit demonstration model currently located in the SunCoast Region to other areas of the state after July 1, 2005. Community mental health and substance abuse treatment providers benefit from the authorization to develop additional treatment sites and children who are suffering with concurrent mental health and substance abuse disorders will have improved access to treatment. Approved by the governor on May 26, 2005, these provisions take effect July 1, 2005.

CS/SB 366 — Health Care Practitioners

The bill amends the grounds for disciplinary action applicable to health care practitioners regulated under the Division of Medical Quality Assurance within the Department of Health to make a practitioner liable for discipline if the practitioner is terminated from a treatment program for impaired practitioners, which is overseen by an impaired practitioner consultant, for failure to comply, without good cause, with the terms of the monitoring or treatment contract entered into by the licensed practitioner, or for not successfully completing any drug-treatment or alcohol-treatment program. If approved by the governor, these provisions take effect July 1, 2005.

SB 2268 — Athletic Trainers

The bill revises the licensure and license renewal requirements for athletic trainers. The bill revises the violations and penalties relating to practicing athletic training so that it would be a misdemeanor of the first degree for a person to practice athletic training without holding an active license to practice athletic training or an exemption to the athletic training practice act, regardless of whether there is compensation. An exemption to the athletic training practice act for a person employed as a teacher apprentice trainer I, a teacher apprentice trainer II, or a teacher athletic trainer under §1012.46, F.S., is deleted. The bill revises provisions that authorize a school district to establish and implement athletic injuries prevention and treatment program, which includes specified employment classification and advancement schemes for a “first responder” and a “teacher athletic trainer,” to delete references to first responders and teacher athletic trainers. The school district employment classification and advancement scheme is revised to specify that to qualify as an “athletic trainer,” rather than a “teacher athletic trainer,” a person must be licensed as an athletic trainer and may possess a professional, temporary, part time, adjunct, or substitute teaching certificate. The governor vetoed the bill.

CS/CS/SB 874 — Sale and Distribution of Prescription Drugs

The bill revises provisions relating to the wholesale distribution of prescription drugs in Florida. The bill revises the definition of “pedigree paper” to provide that a pedigree paper is a document in either paper or electronic form. The definition is also revised to include additional information that must be included on a legend drug’s pedigree paper and to clarify that the pedigree papers must include a certification that the recipient wholesaler has authenticated the pedigree papers. If the manufacturer or repackager has uniquely serialized the individual legend drug unit, that identifier must also be included on the pedigree. The bill revises the definition of “wholesale distribution” to exempt the sale, purchase, or trade of a prescription drug between pharmacies because of a sale, transfer, merger, or consolidation of all or part of the business of the pharmacies from or with another pharmacy, whether accomplished as a purchase and sale of stock or of business assets. The bill deletes the expiration date of July 1, 2006, for provisions relating to requirements for wholesale drug distributors to provide pedigree papers so that chain drug store warehouses and repackaging operations, including retail pharmacies within an affiliated group that distributes drugs only to members of their affiliated group, would continue to be exempt from passing the pedigree papers. The bill prohibits the Agency for Health Care Administration from reviewing or using certain violations relating to recordkeeping for prescription drugs to deny or withhold Medicaid payments to pharmacies or to audit pharmacies’ records. If approved by the governor, these provisions take effect upon becoming law.

HB 1347 — Controlled Substances

The bill amends the Florida Comprehensive Drug Abuse Prevention and Control Act to revise the listed precursor chemicals and the listed essential chemicals that may be used to manufacture controlled substances in violation of ch. 893, F.S., to conform to federal requirements for precursor or essential chemicals used to manufacture controlled substances. The bill makes it unlawful for any person to manufacture methamphetamine or phencyclidine, or to possess any listed chemical with intent to manufacture methamphetamine or phencyclidine, and to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of an assisted living facility. The bill increases penalties for the manufacture of methamphetamine or phencyclidine or the possession of any listed chemical with intent to manufacture methamphetamine or phencyclidine if the offense occurs in a structure or conveyance where any child under 16 years of age is present. The bill makes it unlawful to possess 14 grams or more of pseudoephedrine, such as Sudafed®, in conjunction with other chemicals and equipment used in the manufacture of amphetamine or methamphetamine and the offense is subject to the felony penalties of the drug trafficking provisions under ch. 893, F.S. The bill makes it unlawful for any person to store anhydrous ammonia in a container that is not approved by the U.S. Department of Transportation to hold anhydrous ammonia or is not constructed in accordance with sound engineering, agricultural, or commercial practices. The bill makes it unlawful for a person to knowingly deliver in any single retail over-the-counter sale any number of packages of any drug containing a sole active ingredient that contains a combined total of more than nine base grams of ephedrine, pseudoephedrine, phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers, or more than three packages in any single retail over-the-counter sale, regardless of weight, containing any such sole active ingredient. Additionally, no person shall knowingly display and offer for retail sale packages of such drug other than behind a checkout counter where the public is not permitted or other such location that is not otherwise accessible to the general public. Also, no person who is the owner or primary operator of a retail outlet where such drug is available for sale shall knowingly allow an employee to engage in the retail sale of such products unless the employee has completed an employee training program that shall include, at a minimum, basic instruction on state and federal regulations relating to the sale and distribution of such products. The initial violation of these restrictions is a second degree misdemeanor, punishable by a fine. A second violation is a first degree misdemeanor, a third or subsequent violation is a third degree felony. The requirements relating to the marketing, sale, or distribution of ephedrine, pseudoephedrine, or phenylpropanolamine products supersede any local ordinance or regulation passed by a county, municipality, or other local governmental authority. Approved by the governor on June 1, 2005, these provisions take effect July 1, 2005 and apply to offenses committed on or after that date.

HB 569 — Florida KidCare Program

This bill allows continuous, year-round enrollment in the Florida KidCare program by removing statutory language restricting open enrollment to January and September of each year. The bill also provides that a KidCare application is valid for a period of 120 days from the date it was received. At the end of the 120-day period, if the applicant has not been enrolled in the program, the application is rendered invalid and the applicant must be notified of the action. The applicant may then resubmit the application after notification. Approved by the governor on June 1, 2005, these provisions take effect upon becoming law.

CS/SB 1486 — Property Insurance

This bill makes significant changes to the laws regulating property insurance. The bill lowers the “retention” or amount of residential hurricane losses that all insurers must meet in total (on average) in order to be reimbursed from the Florida hurricane catastrophe fund, from an estimated $4.96 billion to $4.5 billion per hurricane, for the 2005 contract year. The bill further reduces the retention to one-third of the full retention for the third and each additional hurricane in a year (in order of loss magnitude). As under current law, the retention increases each year by the same percentage as the increase in the Fund’s exposure to losses. It requires the Department of Community Affairs (DCA) to establish a low-interest loan program, by subsidizing or guaranteeing private sector loans, for homeowners to retrofit their homes to reduce hurricane losses, beginning in FY 2006-2007. For FY 2005-2006, up to $1 million of the $10 million annually appropriated to DCA from the FHCF could be used for establishing a pilot project in one or more counties. The bill requires a public hearing for property insurance rate filings exceeding 15 percent, (rather than 25 percent, currently) if based on a computer model. It provides that hurricane loss models approved by the Florida Commission on Hurricane Loss Projection Methodology are admissible and relevant in a rate proceeding only if the Commission, the Office of Insurance Regulation (OIR) and the insurance consumer advocate have access to all aspects of the model. This provision does not take effect unless HB 1939, which was passed by the Legislature, becomes law which provides public records exemption for such information that qualifies as a trade secret. It requires OIR to propose to the Legislature, by January 15, 2006, a standard territory rating plan for residential property insurance, but not to be implemented unless authorized by further act of the Legislature. It prohibits an insurer from recouping more than one year of reimbursement premium paid to the FHCF at a time. The bill requires insurers to report loss and exposure data to OIR or to a type I center within the state university system (currently, the Hurricane Research Center at Florida International University) for developing and updating the public hurricane loss model. This provision does not take effect unless HB 1939 becomes law which provides a public records exemption for such data that is specific to a particular insurance company. Regarding Citizens Property Insurance Corporation (“Citizens”) the bill changes appointments to the board of governors from seven appointed by the Chief Financial Officer (CFO), to two members each appointed by the governor, CFO, President of the Senate, and Speaker of the House or Representatives (eight total). It authorizes a pilot project in Monroe County to require that rates be actuarially sound and not excessive, inadequate, or unfairly discriminatory, rather than the highest average rate in a county compared to the 20 leading insurers in the state, for those areas where OIR determines that a reasonable degree of competition does not exist. It requires Citizens to create a Market Accountability Advisory Committee to report at each board meeting, consisting of members appointed by agent associations, insurers, OIR, the Citizens board, a realtor association, and a bankers association. The bill requires Citizens to make its best efforts to procure reinsurance to cover its projected 100-year probable maximum loss, and requires the Auditor General to conduct an operational audit of Citizens. The bill requires the CFO to appoint an advisory committee to develop standard personal lines policies to submit to the Legislature by January 15, 2006, but insurers would not be required to offer a standard policy unless required by further act of the Legislature. It authorizes OIR to disapprove a policy form for residential property insurance if it contains provisions that are unfair, inequitable, or that encourage misrepresentation. Regarding Hurricane Deductibles the bill increases the maximum allowable deductible for personal lines residential policies from 5 percent to 10 percent of the dwelling limits; requires insurers to offer deductibles of 2 percent, 5 percent, and 10 percent of dwelling limits for personal lines residential policies, rather than just 2 percent; requires that the dollar amount of a percentage deductible be specified and provides other disclosure requirements; requires that for condominiums and other commercial residential policies, the insurer must offer both an annual hurricane deductible and a per event deductible, beginning January 1, 2006. The mandatory annual hurricane deductible enacted in the December, 2004, Special Session, would be limited to personal lines residential policies. Concerning Building Code (“Law and Ordinance”) Coverage, the bill requires insurers to offer coverage in homeowners policies equal to 50 percent of dwelling limits for the additional costs to meet applicable building codes, as an option to the 25 percent coverage that must currently be offered or provided. The (OIR) would be required to study the issue of requiring insurers to provide law and ordinance coverage. The bill requires that if a loss is insured for replacement cost, the insurer must pay the replacement costs without holdback of any depreciation in value, whether or not the insured replaces or repairs the dwelling or property. The bill expands the mediation program for resolving property insurance disputes, administered by the Department of Financial Services, to commercial residential policies, and provides a penalty for insurers failing to notify claimants of their right to mediation. In response to Mierzwa v. Florida Windstorm Underwriting Assoc., 877 So.2d 774, Fla. 4th DCA 2004 the bill provides legislative intent that the valued policy law is not intended to create new or additional coverage, or to require an insurer to pay for a loss caused by a peril other than the covered peril. If a loss is caused in part by a covered peril and in part by a noncovered peril, the insurer’s liability is limited to the amount of the loss caused by the covered peril. However, if the covered perils alone would have caused the total loss, then the valued policy law applies and the insurer must pay policy limits, not exceeding the amounts necessary to repair, rebuild or replace the insured structure. These provisions will not be applied retroactively and shall apply only to claims filed after the effective date of this bill. The bill revises the law on sinkhole claims by specifying that sinkhole coverage includes the costs to stabilize the land and building and to repair the foundation; allows an insurer to deny a sinkhole claim if the insurer determines there is no sinkhole loss, but the insurer must provide written notice to the policyholder of their right to demand testing. If the policyholder demands testing, the insurer must engage an engineer or a geologist to conduct testing, and the testing must be conducted in compliance with specified standards and a report must be issued as to the cause of the loss, with recommendations for stabilization and repair. The findings and recommendations of the engineer and geologist are presumed correct and the insurer must pay the costs of stabilization and repair in accordance with the recommendations. The insurer may limit its payment to the actual cash value of the sinkhole loss until such time as expenses related to land and building stabilization and foundation repairs are incurred, including underpinning and grouting. But, the insurer cannot require the policyholder to advance payments. The insurer must pay the expenses after a policyholder enters into a contract for stabilization or foundation repairs, and pay amounts necessary to begin and perform repairs as the work is conducted. If repair has begun and the engineer selected or approved by the insurer determines that the repair cannot be completed within the policy limits, the insurer must either complete the engineer’s recommended repair or tender the policy limits to the policyholder without a reduction for the repair expenses incurred. If an insurer pays a sinkhole claim, it must file a copy of the professional report with the county property appraiser. A sinkhole database to track sinkhole insurance claims is established. The seller of real property is required to disclose to the buyer that a sinkhole claim has been paid and whether the insurance proceeds were used to repair the sinkhole damage. The bill requires insurers to notify applicants and policyholders of the availability and amount of premium discounts and credits for fixtures and construction techniques that reduce the amount of loss in a windstorm. It prohibits an insurer from canceling or nonrenewing a residential property insurance policy covering a dwelling damaged by a hurricane until 90 days after the dwelling has been repaired, with certain exceptions. It also prohibits an insurer from canceling coverage for anyone during the duration of a hurricane, until 72 hours after the last hurricane watch or warning is issued anywhere in the state. The bill appropriates $350,000 from the Insurance Regulatory Trust Fund and four positions to the Office of the Consumer Advocate appointed by the CFO. The bill creates the Task Force to consider issues relating to the creation and maintenance of insurance capacity in the private sector and public sector which is sufficient to ensure that all property owners in the state are able to obtain appropriate insurance coverage for hurricane losses. The Task Force is also charged with studying various issues relating to Citizens Property Insurance Corporation. The report and recommendations are due by April 1, 2006. The Task Force is administratively housed within the office of the CFO and has 12 members consisting of three members each appointed by the governor, CFO, the Senate President, and Speaker of the House. Approved by the governor on June 1, 2005, these provisions take effect upon becoming law, except as otherwise provided in the act.

SB 450 — Motor Vehicle Insurance

Insurance companies are prohibited from committing various activities defined under the Unfair Insurance Trade Practices Act, ch. 626, part IX, F.S. Such activities range from misrepresentations in advertising of insurance policies and making false statements to defamation and illegal dealings in premiums. Insurers may be subject to suspension or revocation of their certificate of authority or fines for violations of the Act’s provisions imposed by the Office of Insurance Regulation (OIR). This bill creates a new unfair or deceptive trade practice provision which would prohibit auto insurers from imposing premium increases for persons in military service under certain circumstances. Specifically, the bill would make it unlawful for insurers to charge an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he or she was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. The bill also provides that it is an unfair or deceptive trade practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage, or his or her covered dependents, were previously insured with a different insurer and cancelled that policy solely for the reason that he or she was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums under these circumstances, an insurer shall consider such persons as having maintained continuous coverage. Approved by the governor on May 24, 2005, these provisions take effect upon becoming law.

HB 75 — Title Insurance

The bill authorizes the issuance of personal property title insurance policies for Uniform Commercial Code (UCC) transactions under Article 9 of the Revised UCC. The insurance product will be available for sale in conjunction with a transaction involving a UCC security interest. It is designed to insure against challenges to attachment, perfection, and priority (such as fraud, filing office errors, inaccuracies in a search report, and errors in documentation and perfection) and provides for the defense of the insured lender if a claim is made regarding the lender’s collateral position. The legislation will allow a title insurer to sell UCC personal property insurance, but would disallow a property and casualty insurer from selling the product no later than January 1, 2006, because of the title insurance monoline statute contained in §
627.786, F.S., which prohibits an insurer from selling both title insurance and any other kind of insurance in Florida. The provisions of the bill authorizing the issuance of such insurance as a title product shall be effective once the Office of Insurance Regulation has approved the title insurance form and rate for UCC personal property insurance, which it must do no later than January 1, 2006. If approved by the governor, these provisions take effect upon becoming law.

HB 1935 — State Judicial System

This bill addresses the state’s continued implementation of Revision 7 to Article V of the State Constitution. In addition to making technical or administrative refinements to the state judicial system, the bill includes the following significant provisions. The bill substantially revises the existing statutory determination of indigency provisions under §
27.52, F.S., to focus the provisions principally on criminal cases, and creates a new, separate section ( §
57.082, F.S.) relating to determinations of indigent status in eligible civil cases. Both sections prescribe procedures for applying to the clerk of court for a determination of indigent status; criteria to be used by the clerk in reviewing applications; procedures for an applicant to seek judicial review of a clerk’s determination; conditions under which the court may appoint counsel on an interim basis; first-degree criminal penalties for knowingly providing false information to the clerk or court in seeking a determination of indigent status. The criminal indigency provisions also prescribe that a person who is eligible for representation by a public defender but who is represented by private counsel not appointed by the court, or who is representing himself or herself, may be deemed “indigent for costs,” enabling the person to access public funding for services, such as expert witnesses, which are often associated with a legal defense. The bill authorizes the Legislative Budget Commission to approve an increase to a clerk of court’s maximum annual budget if: 1) the additional funding is necessary to pay the cost of performing new or additional functions stemming from changes in law or court rules; or 2) the additional funding is necessary to pay the cost of supporting increases in the number of judges or magistrates authorized by the Legislature. Before the commission may approve an increase, the Clerks of Court Operations Corporation must report on whether the clerk is meeting or exceeding established performance standards for measures on fiscal management, operational efficiency, and effective revenue collection. Currently, §
939.185, F.S., authorizes teen court programs to receive funding from a portion of a $65 surcharge on criminal convictions. This bill amends §
938.19, F.S., to authorize counties to assess a mandatory court cost of up to $3 on persons convicted of, or pleading guilty to, a violation of a criminal law or a municipal or county ordinance, or who pay a fine or civil penalty for a state uniform traffic control violation. The moneys are to be used for the purpose of funding teen court programs. The bill prohibits a teen court from receiving funding under the existing authority in §
939.185, F.S., and from receiving funding under the new authority established in s. 938.19, F.S. The bill provides the following appropriations: $1.5 million in recurring funds from the General Revenue Fund to the Justice Administrative Commission (commission) for public defender due process services for FY 2005-2006; $800,000 in recurring funds from the General Revenue Fund to the commission for state attorney due process services for FY 2005-2006; $182,885 in recurring funds from the General Revenue Fund to the State Attorney for the Eleventh Judicial Circuit for state attorney operations for FY 2005-2006. The bill also increases the maximum annual budget for the clerk of the circuit of Miami-Dade County by $3.8 million for county FY 2004-2005. In addition, the bill delineates the appointment and funding responsibilities for competency experts. It also specifies that 56.4 percent of the remainder of any civil penalties received by a county court for violations that occurred within the unincorporated area of certain consolidated governments are to be deposited into the fine and forfeiture fund. The bill authorizes certain consolidated governments to impose, until September 30, 2007, surcharges on noncriminal traffic infractions and criminal traffic violations, as well as in cases in which a person pleads guilty to, or is convicted of, a felony, misdemeanor, or criminal traffic offense, in order to replace fine revenue that the government deposits into the clerk’s fine and forfeiture fund. It extends from 2006 to 2007 the deadline for clerks to assume responsibility for redaction of Social Security numbers in court records. The bill requires the Justice Administrative Commission (commission) to develop a schedule for partial payment of private court-appointed attorneys in criminal cases that are not resolved within six months. It establishes a process for the commission to transfer funds among state attorney or public defender offices to deal with office deficits in a contracted due process services appropriations category. The bill allows the state to fund mental health professionals required in civil cases as an element of court-appointed counsel. The bill directs trial court administrators to recover expenditures for state-funded services that have been furnished to users who have the ability to pay. It provides authority for a county and the chief judge of a circuit to enter into an agreement for the county to fund personnel positions for the circuit. It directs the circuit Article V indigent services committee in the 11th Circuit to track, during the period of October 2005 through September 2007, data on the race, sex, and national origin of attorneys appointed by the court from the circuit’s registry of attorneys available to represent indigent defendants. The bill increases the service fee for the return of a suspended license to $47.50 from $35 and authorizes the clerk of court to withhold from the return of a cash bond posted by a person other than a bail bond agent amounts necessary to pay any unpaid court fees, court costs, and criminal penalties. It prohibits a clerk of the court from discontinuing functions being performed, as of July 1, 2004, in support of the trial courts, except under specific conditions. The bill revises the formula in §
218.245, F.S., under which certain revenues are allotted and shared with a unit of local government which is consolidated as provided under the State Constitution. It prohibits a traffic hearing officer from suspending a defendant’s driver’s license. The bill establishes procedures for a court to retain jurisdiction over a child who has been directed to pay restitution in a juvenile delinquency case and limits an arbitrator’s charge to $1,500 per diem, unless the parties agree otherwise. The bill clarifies the powers of a chief judge in determining the priority of services provided by the clerk of court to the trial court, and of the clerk of court in managing the performance of such services consistent with statute, rule, or administrative order. Finally, the bill eliminates the Article V Indigent Services Advisory Board, effective July 1, 2006. If approved by the governor, these provisions take effect July 1, 2005, except as otherwise provided in the legislation.

CS/CS/CS/SB 2048 — Judges

This bill provides for the creation of 55 judicial offices to be filled by gubernatorial appointment. Approximately one-half of the offices take effect in November 2005. The remaining offices take effect on January 2, 2006. Thirty-five of the offices are for circuit court judge. Twenty of the offices are for county court judges. Additionally, the legislation makes an appropriation to fund 120 full-time positions with the circuit and county courts. Approved by the governor on June 8, 2005.

SB 538 — Sentencing/Victim Impact Evidence

This bill clarifies that the state may introduce and subsequently argue victim impact evidence to the jury during the sentencing phase of a capital trial once it has provided evidence of the existence of one or more aggravating circumstances. The bill amends subsection (7) of s. 921.141, F.S. The bill is known as the “Caroline Cody Act.” Approved by the governor on May 26, 2005, these provisions take effect July 1, 2005.

HB 523 — Evidence

The bill repeals §
90.602, F.S., the “Dead Man’s Statute,” which prohibits an interested person from testifying as to an oral communication with a now deceased or incompetent person. Testimony from interested persons regarding oral communications can be considered by the trier of fact, if otherwise relevant and admissible under the rules of evidence, instead of being automatically rejected because of the status of the person seeking to introduce the testimony. In addition to repealing the Dead Man’s Statute, this bill creates a new hearsay exception that allows the introduction of a written or oral statement previously made by an unavailable introduced by an adverse party. Approved by the governor on May 24, 2005, these provisions take effect July 1, 2005.

HB 1917 — Juvenile Justice

This bill makes many changes to ch. 985, F.S. It classifies day treatment programs as a minimum-risk non-residential level of commitment, rather than a probation option (as they were before 2000). Creates a definition for the term “day treatment,” which provides that day treatment is available during probation, conditional release, or commitment to a minimum-risk nonresidential level and specifies the type of services that day treatment must include. The bill provides that the period of commitment for juveniles placed in the minimum-risk nonresidential level may last up to six months for second degree misdemeanors. It requires parents to pay $1 for each day that their child is in the minimum-risk nonresidential level in conformity with current fee requirements for home detention and probation status. The bill allows juveniles committed to a high-risk residential program to have court approved temporary release providing up to 72 hours of community access for family emergencies and in the final 60 days of placement for specified purposes. It requires the Department of Juvenile Justice (DJJ) to report the juvenile’s treatment plan progress to the court quarterly, rather than monthly as now required, unless the court requests monthly reports. The bill requires DJJ to reconvene the Task Force on Juvenile Sexual Offenders and their Victims to re-evaluate the laws, practices, and procedures for serving juvenile sex offenders and their victims. It requires DJJ to establish a Task Force to study the feasibility of a certification system for juvenile justice provider staff. The bill allows the membership of juvenile justice county councils and circuit boards to consist of specified types of representation (rather than mandate it as does current law). It authorizes the payment of detention costs, subject to appropriation, for Highlands, Sumter, and Wakulla Counties during FY 2005-2006. The bill strengthens the DJJ employment background screening requirements. Finally, it updates several cross-references to conform to changes made by the bill. If approved by the governor, these provisions take effect July 1, 2005.

SB 1090 — Minors/Psychotropic Medication

This bill amends §
39.407, F.S., establishing the process by which children in the custody of the Department of Children and Families are provided psychotropic medications unless a parent’s rights have been terminated, the bill provides that the prescribing physician must first attempt to obtain express and informed consent from the parent prior to prescribing a psychotropic medication for a child except in certain specified circumstances. The provisions in §
394.459, F.S., relating to express and informed consent, are strengthened. If a parent’s consent is not obtained, the department may, after consulting with the prescribing physician, seek court authorization to provide the psychotropic medication to the child. The evaluating physician is to be provided all pertinent medical information known to the department. Section 39.402, F.S., is amended requiring the parent to provide all known medical information to the department. If the department seeks court authorization to initiate or continue a psychotropic medication, the bill specifies that the motion be supported by specific documents, including a signed and detailed medical report, and, if any party object to the motion, the bill requires that a hearing be held. The court is authorized to order the discontinuation of prescribed psychotropic medication if a psychiatrist, if available, or another physician states that, more likely than not, discontinuing the medication would not cause significant harm to the child or if the child’s treating physician states that continuing the medication would cause significant harm due to a diagnosed non-psychiatric medical condition. The bill provides for the court’s periodic review of a child receiving psychotropic medication. The department is directed to adopt rules to ensure that children receive timely access to clinically appropriate psychotropic medications and to address other related issues. This bill also creates §
1006.0625, F.S., relating to public schools. The term psychotropic medication” is defined, and a public school is prohibited from denying a student access to programs or services because a parent refuses to place the student on psychotropic medication. The bill authorizes school personnel to share observations of a student’s performance with the student’s parent and offer options and other assistance but prohibits such personnel from compelling any specific actions by the parent or from requiring that a student take medication. The bill provides that a parent may refuse psychological screening of a student and that any medical decision made to address a student’s needs is a matter between the student, parent, and a competent health care professional chosen by the parent. Approved by the governor on May 26, 2006, these provisions take effect July 1, 2005.

SB 550 — Property Tax Exemption/Disabled Veterans

This bill grants a $5,000 property tax exemption to the un-remarried surviving spouse of a veteran who is otherwise entitled to the exemption. To obtain the exemption, the un-remarried spouse must have been married to the veteran for at least 5 years. This exemption is in addition to the $500 property tax exemption currently available to all resident widows and widowers in this state, pursuant to §
196.202, F.S. Approved by the governor on May 24, 2005, these provisions take effect July 1, 2005.

HB 1069 — Family Readiness Program/Military

This bill creates the Family Readiness Program under the Department of Military Affairs. The purpose of the program is to provide need-based assistance to families of members of the Florida National Guard and United States Reserve Forces, including the Coast Guard Reserve, who are on active duty serving in the Global War on Terrorism or Homeland Defense operations. The program’s implementation depends on an appropriation expressly provided for the program. All funds are intended for the purpose of assisting families of deployed members of the Florida National Guard and Reserve Forces and are not to be used for staffing or administrative costs. Program funds may be used in emergency situations to purchase critically needed services, including, but not limited to, living expenses, housing, vehicles, equipment or renovations necessary to meet disability needs, and health care. Those eligible to receive awards under this program are military dependents or those appearing on an eligible service member’s Emergency Data Record (Department of Defense Form 93). The Adjutant General (or his or her designee) shall receive recommendations from the program director and is authorized to award funds from the program to the families to assist with the requests. The Department of Military Affairs is to conduct monthly internal audits through its inspector general and provide data every year in an annual report to the governor and Legislature. The bill also authorizes the Department of Military Affairs to establish rules governing eligibility requirements and implementation of the program. Finally, the bill appropriates $5,000,000 from the General Revenue Fund for the program. Approved by the governor on May 25, 2005, these provisions will become law on July 1, 2005.

HB 1189 — Child’s Education/Deceased Veteran

This bill amends §
295.01, F.S., to revise provisions relating to post-secondary educational benefits for the dependents of deceased or disabled military veterans. The bill revises program eligibility to eliminate the requirement that the deceased or disabled veteran must have been a Florida resident at the time of entry into the Armed Forces. Similarly, the bill eliminates the requirement that the qualifying veteran must have been a resident of the state for 5 years preceding the application for benefits, and provides that the veteran must have been a resident of the state for 1 year immediately preceding the death or occurrence of such disability. The bill also extends program eligibility to the dependents of veterans who die or are disabled while serving in Operation Iraqi Freedom. Approved by the governor on June 1, 2005, these provisions take effect July 1, 2005.
HB 691 — Citizen Soldier Grant Program

The bill directs the Agency for Workforce Innovation (AWI) to establish the Citizen Soldier Matching Grant Program. This program will provide for matching grants to private sector employers in this state which pay wages to their employees who are Florida residents serving on federal active duty in the United States Armed Forces Reserves or the Florida National Guard. The bill limits each grant to one-half of the difference between the amount of monthly wages paid by the employer to the employee at the level paid before the employee was called to federal active duty; and the amount of the employee’s active duty base pay and benefit package. The bill further limits each grant to one-half of the monthly wages paid by the employer to the employee for the actual period of federal active duty, which in effect requires the employer, at a minimum, to match the state grant dollar-for-dollar. The bill appropriates $1.8 million from General Revenue and two positions to AWI to implement this program. This bill also provides that a professional license issued in the state to activated members of the Florida National Guard and U.S. Armed Forces Reserves remains active until, and is extended for up to, 90 days after his or her return from federal active duty. Approved by the governor on May 24, 2005, these provisions take effect July 1, 2005.

CS/SB 1012 — Professions Regulated by DBPR

This bill amends §
455.271, F.S., to establish a procedure for reinstatement of professional licenses issued by the Department of Business and Professional Regulation, or any of the professional boards within the department that have become void. The department or board, at its discretion, may reinstate the license if an individual who, because of illness or unusual hardship, has failed to comply with the renewal requirements, but has made a good-faith effort to comply with requirements for reinstatement of a delinquent license. The bill exempts certified public accountants. This bill provides the boards and the department with rulemaking authority to prescribe the procedure for applying for reinstatement, including the setting of the applicable reinstatement fee. In addition, an applicant for reinstatement must meet all continuing education requirements prescribed by law, and must be otherwise eligible for renewal of licensure. If approved by the governor, these provisions take effect July 1, 2005.

HB 213 — Construction Professions

The bill (Chapter 2005-30, L.O.F.) provides the Department of Business and Professional Regulation’s Board of Architecture and Interior Design and Board of Landscape Architecture with the authority to prescribe by rule the authority to electronically sign, seal, or send the final plans, specifications, or reports prepared or issued by a registered architect, interior designer, and landscape architect. The bill makes it unlawful to sign and seal any final plan, specification, or report if the certificate of registration is expired, suspended, or revoked. The bill provides that persons who perform the work of servicing, repairing, recharging, hydrotesting, installing, or inspecting all types of pre-engineered fire extinguishing systems are exempt from regulation under Part I of ch. 489, F.S. The bill also amends the definitions of the terms “class A air conditioning contractor” and “class B air conditioning contractor” to allow them to disconnect or reconnect liquefied petroleum or natural gas appliances. The definition of “mechanical contractors” is also amended to allow them to perform work relating to liquefied petroleum gas lines within buildings and the definition of “plumbing contractors” is amended to allow for the installation of liquefied petroleum gas and related venting lines. Approved by the governor on May 10, 2005, these provisions take effect July 1, 2005.

CS/CS/SB 1114 — Restaurants/Resealed Wine Containers

The bill provides that restaurants licensed to sell wine on the premises may permit a restaurant’s patrons to remove one unsealed bottle of wine for consumption off the licensed premises, provided the patron purchased a full-course meal and consumed a portion of the bottle of wine with the meal. The bill defines a full course meal as consisting of a salad or vegetable, an entrée, a beverage, and bread. The bill would require that the partially consumed bottle of wine must be securely resealed by the licensee, or the licensee’s employee, and placed in a bag or other container secured in such a manner that it is visibly apparent if the container has been opened or tampered with after having been sealed. A dated receipt for the wine and meal must be attached to the container. If transported in a motor vehicle, the container must be placed in a locked glove compartment, locked trunk, or in the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. The bill also amends §
316.1936, F.S., to clarify that a resealed wine container in a motor vehicle is not an open container if the partially consumed bottle of wine is resealed and transported in the manner required by the bill. If approved by the governor, these provisions take effect July 1, 2005.

CS/SB 1098 — Public Records/General Bill

This bill adds the executive director or equivalent and his or her designee of a child advocacy center meeting the standards set forth in §
39.3035, F.S., to the list of individuals and entities entitled to have access to confidential records resulting from allegations of child abuse, neglect, or abandonment when the staff is actively involved in providing the services of the center to a child. This change will help to facilitate a more coordinated response to meeting children’s needs, ensure a more thorough case planning process, as well as facilitate counseling and referrals for additional community resources to be provided to victims and non-offending parents. The bill also makes certain information obtained by a guardian ad litem under Part I of ch. 39, F.S., in the discharge of official duty confidential and exempt, continuing the exemption previously held when guardians ad litem were employees of the court. The information protected is similar to that held by a judge, employee of the court, authorized agency of the department, correctional probation officer, or law enforcement agent. Further, the bill makes home addresses, telephone numbers, places of employment, and photographs of current or former guardians ad litem and the names, telephone numbers, places of employment of the spouses and children of guardians exempt if the guardian ad litem provides a written statement indicating that reasonable effort has been made to prevent the information from becoming publicly accessible. If approved by the governor, these provisions take effect October 1, 2005.

HB 1861—School Readiness Record/OGSR

This bill reenacts the public records exemption for school readiness outlined in §
411.011, F.S. Under the bill, the records of children enrolled in school readiness programs are confidential and exempt from public disclosure. The exemption applies to such records when held by an early learning coalition or the Agency for Workforce Innovation. The bill authorizes a parent to inspect and review the record of his or her child and to obtain a copy. The bill also authorizes release of these records to specified governmental and other appropriate entities. These entities are required to preserve the confidentiality of the identity of the enrolled child or his or her parents in the records. Approved by the governor on June 1, 2005, these provisions take effect October 1, 2005.

SB 288 — Seaport Security Plan Open Government Sunset Review

This bill reenacts and amends §
311.13, F.S., to continue the public records exemption for seaport plans and certain specific documents related to those plans. The exemption applies to seaport authorities created by acts of the Legislature or to the seaport departments of any county or municipality that operates an international seaport. The exemption of public disclosure of seaport security plans and certain photographs, maps, blueprint drawings, and other similar materials that depict critical seaport operating facilities is necessary to ensure the safety and security of Florida’s public seaports. Approved by the governor on May 26, 2005, these provisions take effect October 1, 2005.

HB 1801 — Domestic Security Oversight Public Meetings and Records Exemption

This bill creates §
943.0314, F.S. The bill provides for the exemption of portions of meetings and records of the Domestic Security Oversight Council from public-meetings and public records laws. The bill provides criteria for determining when a portion of the council meeting may be closed, how the council chair shall declare closing a portion of the meeting, who may attend a closed council meeting, and what records must be kept of the proceedings of the council during a closed meeting. In conjunction with codification of the Domestic Security Oversight Council, pursuant to HB 1715, the bill recognizes the need to protect certain subjects brought before the council such as hearing or discussion of active criminal investigative or intelligence information or security system plans information. If approved by the governor, these provisions take effect on the same date that HB 1715 takes effect.

HB 315 — Building Remediation and Assessment

This bill creates §§
501.933 and 501.934, F.S. to provide requirements for mold assessors and mold remediators and §
501.935, F.S., to provide requirements for home inspectors. It provides that home inspectors are not regulated by any state agency, but violations of the section may be actionable as an unfair and deceptive trade practice under ch. 501, part II, F.S. It provides for: Exemptions to the section for certain licensed and regulated professionals; criminal penalties for certain violations of the section; a requirement to maintain commercial general liability insurance in the amount not less than $300,000. The statute of limitations as provided in ch. 95, F.S., governs actions to enforce an obligation, duty, or right arising under the section. It provides that home inspectors are not required to provide estimates related to the cost of repair of an inspected property. The bill creates §§
501.933 and 501.934, F.S., to require certification in mold assessment or mold remediation, depending on the field in which a person or business practices. This certification requirement may come from a nonprofit organization that focuses on indoor air quality or industrial hygiene or from a community college or university that provides training or education in mold assessment or mold remediation. Provisions for noncontracting mold remediation allow for the removal, cleaning, sanitizing, demolition, or other treatment of mold as long as the work does not require a license under ch. 489, F.S., relating to construction and other contracting. Exemptions to the certification requirement are provided to specified groups. These groups include residential property owners, an owner or tenant, or a managing agent or employee of an owner or tenant, who performs mold assessment on the owned or leased property, an employee of a licensee who is under the direct supervision of the mold assessor performs mold assessment or remediation. The bill also exempts engineers, architects, interior designers, landscape architects Division I and Division II contractors licensed under ch. 489, F.S., insurance adjusters, and individuals in the manufactured housing industry who are licensed under ch. 320, F.S. The bill also exempts authorized employees of the United States, state, city and county governments performing mold assessment or mold remediation within the scope of their employment. Mold assessors are required to maintain a mold-specific insurance policy not less than $1 million, and noncontracting mold remediators are required to maintain a liability insurance policy with a mold pollution rider not less than $1 million. The bill also provides civil and criminal penalties for violations of the provisions relating to mold assessment and mold remediation. If approved by the governor, these provisions take effect January 1, 2006.

HB 113 — Construction Contracting

The bill provides substantive and technical revisions to the state’s construction lien law. Specifically, the bill makes a payment bond for a public works project unenforceable if it restricts the classes or persons as defined in §
713.01, F.S, protected by a construction bond or restricts the venue of any proceeding related to the bond. The bill increases the maximum administrative fine for violations that the Construction Industry Licensing Board and the Electrical Contractors’ Licensing Board may assess a licensee from $5,000 to $10,000. It reduces the type size for new residential construction contract lien warnings from 18 to 14 point type and clarifies the rights associated with the notice. The bill copies unlicensed contracting provisions under ch. 489, F.S., to ch. 713, F.S., to preserve the lien rights of suppliers and other properly licensed subcontractors on the same project. It extends a proper payment defense to owners who contract for subdivision improvements and addresses service of notice required for subcontractors and suppliers to preserve their lien rights, and requires lien service on the property owner. The bill allows building departments to utilize e-mail, facsimile, or personal delivery for required service of lien information. It provides clarification of time period in which to commence an action to enforce a claim against a payment bond and clarifies provisions relating to lien transfer bonds. It provides that circuit court jurisdiction to hear lien law cases is not exclusive where the dollar amount would allow a county court to hear the case. It restructures the penalty provisions for misapplication of construction funds. The bill clarifies notice procedure for lenders who are required to serve a notice to an owner when the lender disburses funds to the owner. If approved by the governor, these provisions take effect October 1, 2005.

HB 1459 — Commercial Real Estate Liens

The bill creates parts III and IV of ch. 475, F.S., to create the “Commercial Real Estate Sales Lien Act” and the “Commercial Real Estate Leasing Commission Lien Act,” respectively. The Commercial Real Estate Sales Lien Act creates a lien for a broker’s commission upon the real estate owner’s net proceeds from the disposition of commercial real estate. This lien does not attach to any interest in the real property. The “Commercial Real Estate Leasing Commission Lien Act,” creates a lien for a broker’s commission upon the real estate owner’s interest in commercial real estate for any commission earned by the broker pursuant to a brokerage agreement with respect to a lease on commercial real estate. The bill requires that the broker disclose the lien at or before the owner executes the brokerage agreement for sale or lease of commercial real estate. The broker may not enforce a lien for a commission unless the disclosure is made. The bill provides the form for the sales and leasing commission disclosures. The broker is also required to provide the owner of the commercial real estate with a notice that states the amount of the claimed sales or leasing commission. This notice must be signed and sworn to or affirmed by the broker under penalty of perjury before a notary public. The bill also specifies the information that must be contained in the notice and the statements that must be provided in the notice. The bill also provides a form for the required commission notice. The Commercial Real Estate Sales Commission Lien Act also provides that the broker may record the commission notice in the county or counties where the commercial real estate is located. A notice of a real estate sales commission expires one year after the date of recording, unless a one-year extension is filed within the last 60 days before expiration. The closing agent must reserve from the owner’s net proceeds an amount equal to the commission claimed by the broker in the commission notice. The closing agent is required to seek adjudication of the rights of the parties with respect to disputed proceeds held in escrow, and may reserve any costs incurred, including attorneys’ fees. The broker or owner may file a civil action in the county or circuit court if there is a dispute over the commission. A prevailing party of such a court action is entitled to costs and reasonable attorneys’ fees of the owner and the closing agent. A buyer’s broker is not entitled to a lien against the owner’s net proceeds, unless a contract provides for a buyer’s broker to receive a fee. The Commercial Real Estate Leasing Commission Lien Act also provides that if the commission is to be paid in installments, the lien notice is valid only to the extent that any commission remains unpaid to the broker. A lien expires two years after recording unless the broker commences a foreclosure action. If the broker claims an automatic renewal commission, then the lien notice expires ten years after recording unless the broker commences a foreclosure action. The lien notice may be extended for successive 10-year periods. However, an owner may attempt to shorten the time by filing a notice of contest of the broker’s lien. A broker may enforce a lien for a leasing commission through a foreclosure suit in the same manner as if the lien notice was a mortgage recorded against the commercial real estate. If an owner disputes the commission, then the owner may file a civil action to discharge the lien. The prevailing party in a foreclosure or civil action is entitled to costs and reasonable attorney’s fees. A lien that has been recorded may be transferred to a security by filing a sum with the clerk of the court or filing a bond with the clerk in an amount equal to the amount claimed and a certain sum to cover attorneys’ fees. An owner may also subordinate, with or without the broker’s consent, a lien claimed by the broker for an automatic renewal commission in favor of the holder of a subsequent mortgage. If approved by the governor, these provisions take effect October 1, 2005.

HB 565 — Mobile Homes

The bill states that the requirement for the committee, which is already established under law, to disclose rents charged by comparable parks is to encourage a dialogue concerning the reasons for the rent increase and to encourage the home owners to evaluate and discuss the reasons with the park owner. The bill specifies as an additional statutory purpose and intent that the current provisions are not intended to be enforced by civil or administrative action and that the meetings are intended to be conducted as settlement discussions prior to mediation or litigation. The bill specifically allows the park owner and the home owners to exchange new or additional information during the discussion process or to change positions relating to the rent increase. However, it prohibits the park owner and home owners from changing any information that was initially provided at the meetings. The bill prohibits compensation to be paid out of the Mobile Home Relocation Trust Fund to a home owner who is under an eviction action for nonpayment of rent. The action for nonpayment of rent must have been initiated by the park owner prior to issuing the notice of intent to change the use of the mobile home park. The bill allows for the payment of reasonable attorneys’ fees and costs to the prevailing party in an action to enforce payment from the Mobile Home Relocation Trust Fund. The bill designates the Florida Mobile Home Relocation Corporation as an agency of the state and employees and directors as officers, employees, or agents of the state for purposes of the application of sovereign immunity provisions. Approved by the governor on May 26, 2005, these provisions take effect upon becoming law.

CS/SB 2070 — Communications Services

The bill repeals the tax on substitute communications systems and provides that the Department of Revenue will not assess this tax back to October 1, 2001, when the communications services tax was implemented. The bill creates a task force of experts in the areas of telecommunications policy, taxation, law, or technology to study the implications of emerging technologies on Florida’s communication service tax. It provides an appropriation to the Department of Revenue to hire consultants and expert witnesses in the areas of communications technology and computer telephony. These experts will provide information, technical consulting, analysis, and testimony regarding the current and future development of network and telecommunications architecture, products and services, and they will also help identify issues regarding taxation of those products and services. It clarifies that voice-over-Internet-protocol (VoIP) and other enhanced services are included in the definition of “communications services” in order to maintain a level playing field for all VoIP providers and other providers of telephone service. It provides for access by the Department of Revenue to communications services companies’ books and records to properly assess taxes. This will allow the Department to administer the recently revised exemption for Internet access sold as part of a bundle for a single price. It requires registration of all sellers of communications services that have established nexus, and provides that if a seller maintains an office or place of business in the state, or solicits business from a Florida location, the seller has established nexus. It allows the Department of Revenue to adopt emergency rules. If approved by the governor, these provisions take effect July 1, 2005.

HB 805 — Exemption From The Tax on Sales, Use, and Other Transactions for Solar Energy Systems

This bill deletes the repeal of the sales tax exemption for solar energy systems. Approved by the governor on May 26, 2005, these provisions take effect upon becoming law.

CS/CS/SB 202 — Community Contribution Tax Credit

This bill extends the Community Contribution Tax Program through June 30, 2015, increases from $10 million to $12 million the total annual amount of tax credits that may be granted under the program, and reserves 80 percent of $10 million of the available tax credits for businesses that contribute to home ownership opportunities for low-income and very-low-income households for the first 6 months of each fiscal year. For credits in excess of $10 million, 70 percent is reserved for businesses that contribute to low income housing programs. The bill also revises the procedures governing the distribution of tax credits. Additionally, the bill revises the eligibility requirements for the Capital Investment Tax Credit Program to include a new or expanded facility engaged in a specified target industry that creates or retains at least 1,000 jobs (100 of which must be new and pay 130 percent of the average private sector wage in the area), and makes a cumulative capital investment of at least $100 million after July 1, 2005. The bill limits the amount of tax credits to 50 percent of the increased annual corporate income or premium tax liability generated by the qualifying project. If approved by the governor, these provisions take effect July 1, 2005.

SB 470 — Indigent Care Surtax

This bill reenacts subsection (7) of §
212.055, F.S., authorizing counties with a population of less than 800,000 to impose the Voter-Approved Indigent Care Surtax up to the rate of 0.5 percent, except that if a publicly supported medical school is located in the county, the rate shall not exceed 1 percent. In addition, the bill authorizes counties with a population of fewer than 50,000 residents to levy an indigent care surtax of up to 1 percent, rather than 0.5 percent as authorized in current law, pursuant to an ordinance conditioned to take effect only upon approval by a majority vote of the electors of the county voting in a referendum. The bill expands the purposes for which the tax may be used in counties with fewer than 50,000 residents to include issuing bonds to finance, plan, construct, or reconstruct a public or not-for-profit hospital in the county and any land acquisition, land improvement, design, or engineering costs related to such hospital, if the governing body determines that a hospital in existence at the time of the issuance of the bonds would, more likely than not, otherwise cease to operate. The bill requires the clerk of the circuit court, as the ex officio custodian of the funds of the authorizing county, to disburse the funds to service bond indebtedness upon a directive from the authorizing county. If approved by the governor, these provisions take effect upon becoming law.

HCB 6001 (for HBs 337, 737) — Sales Tax/Hurricane Preparedness

This bill provides for a sales tax exemption for the purchase of items of tangible personal property typically associated with hurricane preparedness, such as self-powered light sources (flashlights), radios, and batteries to power these devices. In addition, the bill provides for a sales tax exemption for the purchase of certain items used to protect a residence or business from possible damage resulting from a hurricane or tropical storm such as tarpaulins or other flexible waterproof sheeting and anchoring or tie down systems. Other sales tax exempted items include first-aid kits, small gas or diesel fuel tanks, non-electric food storage coolers, and portable electric generators. The bill provides maximum allowed purchase price limits for each item and specifies a period of tax exemption from June 1 through June 12, 2005. Approved by the governor on May 23, 2005, these provisions take effect upon becoming law.

HB 1483 — Tax Refund Program/Defense Contractors

This bill extends the expiration date of the Qualified Target Industry (QTI) and Qualified Defense Contractor (QDC) programs to 2010, and amends these programs to require tax refunds under QTI and QDC be paid in the order they are approved. The bill requires the Office of Tourism, Trade and Economic Development (OTTED) to pay tax refunds that exceed the appropriation for a given fiscal year from appropriations for the following year, and to report anticipated shortfall in funds needed to satisfy the refunds. It requires OTTED to report its success in amending tax refund agreements to require claims to be submitted by January 31, and report on refund claims for the previous year. The bill clarifies that communications services taxes are eligible for refund and authorize OTTED to make retroactive payments to October 1, 2001, for taxes paid. The bill revises QDC application requirements to show the number of jobs to be retained and to eliminate an application requirement to show prior taxes paid. It allows a QTI or QDC business to seek up to a two year “economic stimulus exemption” due to the effects of a named hurricane or tropical storm. The bill authorizes OTTED to waive the 20 percent local financial support requirement for certain counties through FY 2006-2007 in response to the named hurricanes of 2004, but only if OTTED determines that the local financial support cannot be provided or that doing so would impose a demonstrable hardship on the local government providing the support. If approved by the governor, these provisions take effect upon becoming law.

HB 135 — Liability/Street Light Providers

This bill provides immunity from lawsuits alleging negligent streetlight maintenance. The immunity applies to streetlight providers that repair inoperative streetlights within certain time periods and inform customers how to report outages. Generally, a streetlight provider must repair inoperative street lights within 60 days of actual notice of an outage. More complex repairs, however, must be made within 180 days, with some exceptions. The time period in which repairs must be made is extended to 365 days after the cessation of a state of emergency for streetlight providers affected by the state of emergency. If approved by the governor, these provisions take effect upon becoming law and apply to causes of action that accrue on or after the effective date.

HB 1019 — Asbestos and Silica Compensation Fairness Act

The bill creates the “Asbestos and Silica Compensation Fairness Act” (act). The act specifies a legislative purpose, provides definitions, and imposes requirements on litigants who wish to file an asbestos or silica claim. The act requires plaintiffs to make a prima facie showing that actual physical impairment has occurred based on criteria specified in the bill for: a nonmalignant asbestos claim; if a smoker, an asbestos claim based upon cancer of the lung, larynx, pharynx, or esophagus; an asbestos claim based upon cancer of the colon, rectum, or stomach; silicosis claim; or other silica claim. The act provides that no prima facie showing of impairment due to asbestos exposure is required for: an asbestos claim by a nonsmoker based on cancer of the lung, larynx, pharynx, or esophagus; or an asbestos claim based upon mesothelioma. In any civil action alleging asbestos or silica claim, the plaintiff must file a written report and supporting tests to support his or her prima facie evidence of physical impairment with a court. A plaintiff may bring a claim in Florida only if the plaintiff is domiciled in this state or if exposure to asbestos or silica occurred in Florida. Any plaintiff with a claim pending on or after the effective date of the act must file the written report with the court no later than 30 days prior to setting a date for trial. The claim must be dismissed without prejudice if a finding is made of failure to make the required prima facie showing. In addition to the written report, such plaintiffs must file a: verified written report disclosing the total amount of any collateral source payments received within 60 days after the effective date of the bill for pending asbestos or silica claims, or at least 30 days before trial; and a sworn information form that contains specified information. The court must permit setoff, based on the collateral source payment information that the plaintiff provides, in accordance with the laws of this state as of the effective date of the bill. Notwithstanding any other law, with respect to any asbestos or silica claim not barred as of the effective date of this act, the statute of limitations does not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that he or she is physically impaired by an asbestos related condition. Damages may not be awarded for fear or risk of cancer in a civil action asserting an asbestos or silica claim. A settlement of a nonmalignant asbestos or silica claim concluded after the effective date may not require, as a condition of settlement, release of any future claim for asbestos-related or silica-related cancer. The act establishes the rules for liability for product sellers, renters, and lessors of asbestos or silica products in a civil action. A court may not award any punitive damages in any civil action alleging an asbestos or silica claim. The act does not affect the rights of any party in bankruptcy proceedings. The act may not be interpreted to prevent any person from bringing or maintaining an asbestos claim based on nonoccupational exposure where such person would be otherwise able to bring or maintain a claim under this bill. The act specifies that because the act expressly preserves the right of all injured persons to recover full compensatory damages for their loss, it does not impair vested rights. The act applies to any civil action asserting an asbestos or silica claim in which trial has not commenced as of the effective date of this act. If approved by the governor, these provisions take effect July 1, 2005.

CS/SB 2228 — Asbestos-related Claims

This committee substitute limits the liability of successor corporations that have assumed asbestos-related liabilities as the result of a merger or consolidation that occurred prior to January 1, 1972. The liability of the successor corporations is limited to the adjusted fair market value of the total gross assets of the merged or consolidated corporation on the date of the merger or consolidation. If approved by the governor, these provisions take effect upon becoming law.

HB 157 — Road Rage Reduction Act

Effective January 1, 2006, §
316.081, F.S., is amended to prohibit a person from operating a motor vehicle in the left-hand lane except when overtaking or passing another vehicle on a four lane highway, an interstate highway, a highway with fully controlled access, or the Florida Intrastate Highway System. The bill also requires a person operating a motor vehicle on a two lane roadway designed for two-way movement of traffic to occupy the right-hand lane at all times, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn. The bill requires slower vehicles on a three-lane roadway to yield to vehicles being driven at a faster rate of speed by moving over to the closest right-hand lane. The bill provides a number of exceptions to this general rule. A conviction for a violation of this new provision will result in the assessment of three points and a $60 fine. Beginning July 1, 2005, the Department of Highway Safety and Motor Vehicles is directed to include information regarding the provisions of the act with all drivers’ license educational material and law enforcement officers may issue warnings for conduct that would violate the provisions taking effect January 1, 2006. The governor vetoed the bill.

HB 1681 — Transportation

This bill is a compilation of various issues relating to transportation. Concerning seaports and dredging programs the bill creates §
311.22, F.S., to establish a matching grant program for dredging projects in counties with a population of less than 300,000. This grant program is to be administered by rules established by the Florida Seaport Transportation and Economic Development Council and includes a review process by the Florida Department of Community Affairs, the Florida Department of Transportation (FDOT), and the Office of Tourism, Trade, and Economic Development. Concerning aviation program administration, subsection (10) is added to §
332.007, F.S., providing FDOT the authority to fund a number of aviation activities conducted by the Secure Airports for Florida’s Economy (SAFE) Council or other not-for-profit organizations. Eligible activities include master planning, professional education, safety and security planning, and economic development and efficiency enhancements. Additionally, subsection (19) of §
380.06, F.S., is amended to remove a provision requiring further development-of-regional-impact review for a proposed change to an airport located in two counties. Relating to Surety the bill amends subsection (8) of §
337.11, F.S., to allow supplemental agreements and written work orders for up to 25 percent above the original contract amount to proceed without approval of the surety. The surety’s approval is required for cumulative modifications in excess of 25 percent of the original contract amount. In regards to liability of FDOT, contractors, and engineers §
337.195, F.S., is created to limit the liability of FDOT’s construction and maintenance contractors performing services for FDOT when they are in compliance with contract documents. The bill limits the liability of FDOT’s contracted design engineers when they use that degree of care and skill ordinarily exercised by other engineers in the field. Further, in lawsuits against FDOT or its agents in cases involving DUI or reckless driving, the bill provides a presumption the impaired or reckless driver’s actions are the proximate cause of the incident unless the gross negligence or intentional misconduct of FDOT or its contractors was a proximate cause of the death or injury. Concerning toll facilities subsection (1) of §
338.155, F.S., is amended to exempt persons participating in the funeral procession of a law enforcement officer or firefighter killed in the line of duty from the payment of tolls. Subsection (12) is added to §
339.175, F.S., to require each long-range transportation plan, each annually updated Transportation Improvement Program, and each amendment affecting projects in the first three years of such plans must be approved by each metropolitan planning organization on a recorded roll call vote of the membership present. The strategic intermodal system §
339.64, F.S., is amended to update obsolete language relating to the development of the initial Strategic Intermodal System (SIS) Plan and require coordination with and inclusion of military interests in development of the SIS Plan. Regarding the northwest Florida transportation corridor authority Ch. 343, part IV, F.S., is created to establish the Northwest Florida Transportation Corridor Authority. The Authority is created to improve mobility, traffic safety, and economic development along the U.S. 98 corridor, and identify and develop hurricane evaluation routes. The bill deals with the State Right-of-Way in subsection (1) of §
337.406, F.S., is amended to clarify the authority of local government to permit temporary state road closures (for parades, etc.) is extended to counties, as well as cities. The bill extends the prohibition of temporary closures from interstate highways to all limited access roads. Subsection (2) of §
339.55, F. S., is amended limiting the amount of State-funded Infrastructure Bank funds the FDOT may loan itself by capping the repayment of such loans to no more than 0.75 percent of the State Transportation Trust Fund. Section 373.4137, F.S., is amended to clarify existing language to better reflect the actual practice of FDOT and the water management districts when addressing environmental mitigation for state transportation projects. The bill requires FDOT to contract with a consultant for a study of the bicycle facilities that are on or connected to the State Highway System. The results of the bicycle system study are to be presented to the governor, the President of the Senate, and Speaker of the House by October 1, 2005. If approved by the governor, these provisions take effect upon becoming law.

HB 423 — Workers’ Compensation Employee Definition

The bill loosens the requirements that must be met in order for an owner-operator of a motor vehicle to be excluded from workers’ compensation coverage as an employee of a motor carrier. These changes make it less likely that an owner-operator would be considered an employee who is required to be covered by the workers’ compensation of the motor carrier. The bill requires the owner-operator to furnish the motor vehicle equipment “identified in the written contract” between the motor carrier and the owner-operator, rather than furnishing the “necessary equipment” as currently required. It requires the owner-operator to furnish the “principal costs” rather than “all costs” incidental to the contract between the motor carrier and the owner-operator. It allows the motor carrier to advance costs to the owner-operator as long as the written contract between the motor carrier and the owner-operator requires the owner-operator to reimburse the advanced costs. The bill deletes the requirement that the owner-operator must be paid on commission (but retains the prohibition on being paid by the hour or other time-measured basis). If a person meets the preceding criteria as well as the other aspects of the definition of “owner-operator,” provided under §
440.02, F.S., the person would be excluded from the definition of “employee” and the motor carrier would not be required to provide workers’ compensation benefits for work-related injuries. Approved by the governor on May 26, 2005, these provisions take effect July 1, 2005.