SB 1342 — Florida Statutes

legislative intent;

qualifications;

appointment;

duties.— (1) It is the intent of the Legislature to provide adequate representation to persons entitled to court-appointed counsel under the Federal or State Constitution or as authorized by general law.

It is the further intent of the Legislature to provide adequate representation in a fiscally sound manner, while safeguarding constitutional principles.

Therefore, an office of criminal conflict and civil regional counsel is created within the geographic boundaries of each of the five district courts of appeal.

The regional counsel shall be appointed as set forth in subsection (3) for each of the five regional offices.

The offices shall commence fulfilling their constitutional and statutory purpose and duties on October 1, 2007.

Reviser’s note.—Amended to delete an obsolete provision.

Section 6. Paragraph (c) of subsection (3) of section 39.3035, Florida Statutes, is amended to read:

39.3035 Child advocacy centers;

standards;

state funding.— (3) A child advocacy center within this state may not receive the funds generated pursuant to s.

938.10, state or federal funds administered by a state agency, or any other funds appropriated by the Legislature unless all of the standards of subsection (1) are met and the screening requirement of subsection (2) is met.

The Florida Network of Children’s Advocacy Centers, Inc., shall be responsible for tracking and documenting compliance with subsections (1) and (2) for any of the funds it administers to member child advocacy centers.

(c) At the end of each fiscal year, each children’s advocacy center receiving revenue as provided in this section must provide a report to the board of directors of the Florida Network of Children’s Advocacy Centers, Inc., which reflects center expenditures, all sources of revenue received, and outputs that have been standardized and agreed upon by network members and the board of directors, such as the number of clients served, client demographic information, and number and types of services provided.

The Florida Network of Children’s Advocacy Centers, Inc., must compile reports from the centers and provide a report to the President of the Senate and the Speaker of the House of Representatives in August of each year beginning in 2005.

Reviser’s note.—Amended to delete obsolete language.

Section 7. Subsection (3) of section 106.34, Florida Statutes, is amended to read:

106.34 Expenditure limits.— (3) For purposes of this section, “Florida-registered voter” means a voter who is registered to vote in Florida as of June 30 of each odd-numbered year.

The Division of Elections shall certify the total number of Florida-registered voters no later than July 31 of each odd-numbered year.

Such total number shall be calculated by adding the number of registered voters in each county as of June 30 in the year of the certification date.

For the 2006 general election, the Division of Elections shall certify the total number of Florida-registered voters by July 31, 2005.

Reviser’s note.—Amended to delete an obsolete provision.

Section 8. Paragraph (d) of subsection (4) of section 119.071, Florida Statutes, is amended to read:

119.071 General exemptions from inspection or copying of public records.— (4) AGENCY PERSONNEL INFORMATION.— (d)1. For purposes of this paragraph, the term “telephone numbers” includes home telephone numbers, personal cellular telephone numbers, personal pager telephone numbers, and telephone numbers associated with personal communications devices.

2.a. The home addresses, telephone numbers, dates of birth, and photographs of active or former sworn or civilian law enforcement personnel, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement;

the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

b. The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Department of Financial Services whose duties include the investigation of fraud, theft, workers’ compensation coverage requirements and compliance, other related criminal activities, or state regulatory requirement violations;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature.

c. The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Office of Financial Regulation’s Bureau of Financial Investigations whose duties include the investigation of fraud, theft, other related criminal activities, or state regulatory requirement violations;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

d. The home addresses, telephone numbers, dates of birth, and photographs of current or former firefighters certified in compliance with s.

633.408;

the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such firefighters;

and the names and locations of schools and day care facilities attended by the children of such firefighters are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15, and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

e. The home addresses, dates of birth, and telephone numbers of current or former justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former justices and judges;

and the names and locations of schools and day care facilities attended by the children of current or former justices and judges are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

f. The home addresses, telephone numbers, dates of birth, and photographs of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors;

the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors;

and the names and locations of schools and day care facilities attended by the children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

g. The home addresses, dates of birth, and telephone numbers of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers;

and the names and locations of schools and day care facilities attended by the children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

h. The home addresses, telephone numbers, dates of birth, and photographs of current or former human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

i. The home addresses, telephone numbers, dates of birth, and photographs of current or former code enforcement officers;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

j. The home addresses, telephone numbers, places of employment, dates of birth, and photographs of current or former guardians ad litem, as defined in s.

39.820;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons;

and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

k. The home addresses, telephone numbers, dates of birth, and photographs of current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, juvenile justice detention officers I and II, juvenile justice detention officer supervisors, juvenile justice residential officers, juvenile justice residential officer supervisors I and II, juvenile justice counselors, juvenile justice counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors of the Department of Juvenile Justice;

the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

l. The home addresses, telephone numbers, dates of birth, and photographs of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional or counsel;

and the names and locations of schools and day care facilities attended by the children of such current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional or counsel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

m. The home addresses, telephone numbers, dates of birth, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such current or former investigators and inspectors;

and the names and locations of schools and day care facilities attended by the children of such current or former investigators and inspectors are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

n. The home addresses, telephone numbers, and dates of birth of county tax collectors;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such tax collectors;

and the names and locations of schools and day care facilities attended by the children of such tax collectors are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature.

o. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2019, unless reviewed and saved from repeal through reenactment by the Legislature.

p. The home addresses, telephone numbers, dates of birth, and photographs of current or former impaired practitioner consultants who are retained by an agency or current or former employees of an impaired practitioner consultant whose duties result in a determination of a person’s skill and safety to practice a licensed profession;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such consultants or their employees;

and the names and locations of schools and day care facilities attended by the children of such consultants or employees are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved from repeal through reenactment by the Legislature.

q. The home addresses, telephone numbers, dates of birth, and photographs of current or former emergency medical technicians or paramedics certified under chapter 401;

the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such emergency medical technicians or paramedics;

and the names and locations of schools and day care facilities attended by the children of such emergency medical technicians or paramedics are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature.

r. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel employed in an agency’s office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that could lead to criminal prosecution or administrative discipline;

the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel;

and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution.

This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.

119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature.

3. An agency that is the custodian of the information specified in subparagraph 2.

and that is not the employer of the officer, employee, justice, judge, or other person specified in subparagraph 2.

shall maintain the exempt status of that information only if the officer, employee, justice, judge, other person, or employing agency of the designated employee submits a written request for maintenance of the exemption to the custodial agency.

4. The exemptions in this paragraph apply to information held by an agency before, on, or after the effective date of the exemption.

Reviser’s note.—Amended to improve clarity.

Section 9. Section 119.092, Florida Statutes, is amended to read:

119.092 Registration by federal employer’s registration number.—Each state agency which registers or licenses corporations, partnerships, or other business entities shall include, by July 1, 1978, within its numbering system, the federal employer’s identification number of each corporation, partnership, or other business entity registered or licensed by it.

Any state agency may maintain a dual numbering system in which the federal employer’s identification number or the state agency’s own number is the primary identification number;

however, the records of such state agency shall be designed in such a way that the record of any business entity is subject to direct location by the federal employer’s identification number.

The Department of State shall keep a registry of federal employer’s identification numbers of all business entities, registered with the Division of Corporations, which registry of numbers may be used by all state agencies.

Reviser’s note.—Amended to delete obsolete language.

Section 10. Paragraphs (b) and (c) of subsection (9) of section 121.091, Florida Statutes, are amended to read:

121.091 Benefits payable under the system.—Benefits may not be paid under this section unless the member has terminated employment as provided in s.

121.021(39)(a) or begun participation in the Deferred Retirement Option Program as provided in subsection (13), and a proper application has been filed in the manner prescribed by the department.

The department may cancel an application for retirement benefits when the member or beneficiary fails to timely provide the information and documents required by this chapter and the department’s rules.

The department shall adopt rules establishing procedures for application for retirement benefits and for the cancellation of such application when the required information or documents are not received.

(9) EMPLOYMENT AFTER RETIREMENT;

LIMITATION.— (b) Any person whose retirement is effective before July 1, 2010, or whose participation in the Deferred Retirement Option Program terminates before July 1, 2010, except under the disability retirement provisions of subsection (4) or as provided in s.

121.053, may be reemployed by an employer that participates in a state-administered retirement system and receive retirement benefits and compensation from that employer, except that the person may not be reemployed by an employer participating in the Florida Retirement System before meeting the definition of termination in s.

121.021 and may not receive both a salary from the employer and retirement benefits for 12 calendar months immediately subsequent to the date of retirement.

However, a DROP participant shall continue employment and receive a salary during the period of participation in the Deferred Retirement Option Program, as provided in subsection (13).

1. A retiree who violates such reemployment limitation before completion of the 12-month limitation period must give timely notice of this fact in writing to the employer and to the Division of Retirement or the state board and shall have his or her retirement benefits suspended for the months employed or the balance of the 12-month limitation period as required in sub subparagraphs b.

and c.

A retiree employed in violation of this paragraph and an employer who employs or appoints such person are jointly and severally liable for reimbursement to the retirement trust fund, including the Florida Retirement System Trust Fund and the Florida Retirement System Investment Plan Trust Fund Public Employee Optional Retirement Program Trust Fund, from which the benefits were paid.

The employer must have a written statement from the retiree that he or she is not retired from a state-administered retirement system.

Retirement benefits shall remain suspended until repayment has been made.

Benefits suspended beyond the reemployment limitation shall apply toward repayment of benefits received in violation of the reemployment limitation.

a. A district school board may reemploy a retiree as a substitute or hourly teacher, education paraprofessional, transportation assistant, bus driver, or food service worker on a noncontractual basis after he or she has been retired for 1 calendar month.

A district school board may reemploy a retiree as instructional personnel, as defined in s.

1012.01(2)(a), on an annual contractual basis after he or she has been retired for 1 calendar month.

Any member who is reemployed within 1 calendar month after retirement shall void his or her application for retirement benefits.

District school boards reemploying such teachers, education paraprofessionals, transportation assistants, bus drivers, or food service workers are subject to the retirement contribution required by subparagraph 2.

b. A Florida College System institution board of trustees may reemploy a retiree as an adjunct instructor or as a participant in a phased retirement program within the Florida College System, after he or she has been retired for 1 calendar month.

A member who is reemployed within 1 calendar month after retirement shall void his or her application for retirement benefits.

Boards of trustees reemploying such instructors are subject to the retirement contribution required in subparagraph 2.

A retiree may be reemployed as an adjunct instructor for no more than 780 hours during the first 12 months of retirement.

A retiree reemployed for more than 780 hours during the first 12 months of retirement must give timely notice in writing to the employer and to the Division of Retirement or the state board of the date he or she will exceed the limitation.

The division shall suspend his or her retirement benefits for the remainder of the 12 months of retirement.

Any retiree employed in violation of this sub-subparagraph and any employer who employs or appoints such person without notifying the division to suspend retirement benefits are jointly and severally liable for any benefits paid during the reemployment limitation period.

The employer must have a written statement from the retiree that he or she is not retired from a state-administered retirement system.

Any retirement benefits received by the retiree while reemployed in excess of 780 hours during the first 12 months of retirement must be repaid to the Florida Retirement System Trust Fund, and retirement benefits shall remain suspended until repayment is made.

Benefits suspended beyond the end of the retiree’s first 12 months of retirement shall apply toward repayment of benefits received in violation of the 780-hour reemployment limitation.

c. The State University System may reemploy a retiree as an adjunct faculty member or as a participant in a phased retirement program within the State University System after the retiree has been retired for 1 calendar month.

A member who is reemployed within 1 calendar month after retirement shall void his or her application for retirement benefits.

The State University System is subject to the retired contribution required in subparagraph 2., as appropriate.

A retiree may be reemployed as an adjunct faculty member or a participant in a phased retirement program for no more than 780 hours during the first 12 months of his or her retirement.

A retiree reemployed for more than 780 hours during the first 12 months of retirement must give timely notice in writing to the employer and to the Division of Retirement or the state board of the date he or she will exceed the limitation.

The division shall suspend his or her retirement benefits for the remainder of the 12 months.

Any retiree employed in violation of this sub-subparagraph and any employer who employs or appoints such person without notifying the division to suspend retirement benefits are jointly and severally liable for any benefits paid during the reemployment limitation period.

The employer must have a written statement from the retiree that he or she is not retired from a state administered retirement system.

Any retirement benefits received by the retiree while reemployed in excess of 780 hours during the first 12 months of retirement must be repaid to the Florida Retirement System Trust Fund, and retirement benefits shall remain suspended until repayment is made.

Benefits suspended beyond the end of the retiree’s first 12 months of retirement shall apply toward repayment of benefits received in violation of the 780-hour reemployment limitation.

d. The Board of Trustees of the Florida School for the Deaf and the Blind may reemploy a retiree as a substitute teacher, substitute residential instructor, or substitute nurse on a noncontractual basis after he or she has been retired for 1 calendar month.

Any member who is reemployed within 1 calendar month after retirement shall void his or her application for retirement benefits.

The Board of Trustees of the Florida School for the Deaf and the Blind reemploying such teachers, residential instructors, or nurses is subject to the retirement contribution required by subparagraph 2.

e. A developmental research school may reemploy a retiree as a substitute or hourly teacher or an education paraprofessional as defined in s.

1012.01(2) on a noncontractual basis after he or she has been retired for 1 calendar month.

A developmental research school may reemploy a retiree as instructional personnel, as defined in s.

1012.01(2)(a), on an annual contractual basis after he or she has been retired for 1 calendar month after retirement.

Any member who is reemployed within 1 calendar month voids his or her application for retirement benefits.

A developmental research school that reemploys retired teachers and education paraprofessionals is subject to the retirement contribution required by subparagraph 2.

f. A charter school may reemploy a retiree as a substitute or hourly teacher on a noncontractual basis after he or she has been retired for 1 calendar month.

A charter school may reemploy a retired member as instructional personnel, as defined in s.

1012.01(2)(a), on an annual contractual basis after he or she has been retired for 1 calendar month after retirement.

Any member who is reemployed within 1 calendar month voids his or her application for retirement benefits.

A charter school that reemploys such teachers is subject to the retirement contribution required by subparagraph 2.

2. The employment of a retiree or DROP participant of a state-administered retirement system does not affect the average final compensation or years of creditable service of the retiree or DROP participant.

Before July 1, 1991, upon employment of any person, other than an elected officer as provided in s.

121.053, who is retired under a state-administered retirement program, the employer shall pay retirement contributions in an amount equal to the unfunded actuarial liability portion of the employer contribution which would be required for regular members of the Florida Retirement System.

Effective July 1, 1991, contributions shall be made as provided in s.

121.122 for retirees who have renewed membership or, as provided in subsection (13), for DROP participants.

3. Any person who is holding an elective public office which is covered by the Florida Retirement System and who is concurrently employed in nonelected covered employment may elect to retire while continuing employment in the elective public office if he or she terminates his or her nonelected covered employment.

Such person shall receive his or her retirement benefits in addition to the compensation of the elective office without regard to the time limitations otherwise provided in this subsection.

A person who seeks to exercise the provisions of this subparagraph as they existed before May 3, 1984, may not be deemed to be retired under those provisions, unless such person is eligible to retire under this subparagraph, as amended by chapter 84-11, Laws of Florida.

(c) Any person whose retirement is effective on or after July 1, 2010, or whose participation in the Deferred Retirement Option Program terminates on or after July 1, 2010, who is retired under this chapter, except under the disability retirement provisions of subsection (4) or as provided in s.

121.053, may be reemployed by an employer that participates in a state-administered retirement system and receive retirement benefits and compensation from that employer.

However, a person may not be reemployed by an employer participating in the Florida Retirement System before meeting the definition of termination in s.

121.021 and may not receive both a salary from the employer and retirement benefits for 6 calendar months after meeting the definition of termination.

However, a DROP participant shall continue employment and receive a salary during the period of participation in the Deferred Retirement Option Program, as provided in subsection (13).

1. The reemployed retiree may not renew membership in the Florida Retirement System, except as provided in s.

121.122.

2. The employer shall pay retirement contributions in an amount equal to the unfunded actuarial liability portion of the employer contribution that would be required for active members of the Florida Retirement System in addition to the contributions required by s.

121.76.

3. A retiree initially reemployed in violation of this paragraph and an employer that employs or appoints such person are jointly and severally liable for reimbursement of any retirement benefits paid to the retirement trust fund from which the benefits were paid, including the Florida Retirement System Trust Fund and the Florida Retirement System Investment Plan Trust Fund Public Employee Optional Retirement Program Trust Fund, as appropriate.

The employer must have a written statement from the employee that he or she is not retired from a state administered retirement system.

Retirement benefits shall remain suspended until repayment is made.

Benefits suspended beyond the end of the retiree’s 6-month reemployment limitation period shall apply toward the repayment of benefits received in violation of this paragraph.

Reviser’s note.—Amended to conform to the renaming of the trust fund by s.

27, ch.

2011-68, Laws of Florida.

Section 11. Paragraph (b) of subsection (5) of section 197.3632, Florida Statutes, is amended to read:

197.3632 Uniform method for the levy, collection, and enforcement of non-ad valorem assessments.— (5) (b) Beginning in 2009, By December 15 of each year, the tax collector shall provide to the department a copy of each local governing board’s non-ad valorem assessment roll containing the data elements and in the format prescribed by the executive director.

In addition, beginning in 2008, a report shall be provided to the department by December 15 of each year for each non-ad valorem assessment roll, including, but not limited to, the following information:

1. The name and type of local governing board levying the non-ad valorem assessment;

2. Whether or not the local government levies a property tax;

3. The basis for the levy;

4. The rate of assessment;

5. The total amount of non-ad valorem assessment levied;

and 6. The number of parcels affected.

Reviser’s note.—Amended to delete obsolete language.

Section 12. Paragraph (a) of subsection (5) of section 197.502, Florida Statutes, is amended to read:

197.502 Application for obtaining tax deed by holder of tax sale certificate;

fees.— (5)(a) The tax collector may contract with a title company or an abstract company to provide the minimum information required in subsection (4), consistent with rules adopted by the department.

If additional information is required, the tax collector must make a written request to the title or abstract company stating the additional requirements.

The tax collector may select any title or abstract company, regardless of its location, as long as the fee is reasonable, the minimum information is submitted, and the title or abstract company is authorized to do business in this state.

The tax collector may advertise and accept bids for the title or abstract company if he or she considers it appropriate to do so.

1. The property information report must include the letterhead of the person, firm, or company that makes the search, and the signature of the individual who makes the search or of an officer of the firm.

The tax collector is not liable for payment to the firm unless these requirements are met.

The report may be submitted to the tax collector in an electronic format.

2. The tax collector may not accept or pay for any title search or abstract if financial responsibility is not assumed for the search.

However, reasonable restrictions as to the liability or responsibility of the title or abstract company are acceptable.

Notwithstanding s.

627.7843(3), the tax collector may contract for higher maximum liability limits.

3. In order to establish uniform prices for property information reports within the county, the tax collector must ensure that the contract for property information reports include all requests for title searches or abstracts for a given period of time.

Reviser’s note.—Amended to correct an apparent error.

The word “reports” was stricken in error by s.

3, ch.

2017-132, Laws of Florida;

the intent is for the word to remain.

Section 13. Subsection (3) of section 199.303, Florida Statutes, is amended to read:

199.303 Declaration of legislative intent.— (3) It is hereby declared to be the specific intent of the Legislature that all annual intangible personal property taxes imposed as provided by law for calendar years 2006 and prior shall remain in full force and effect during the period specified by s.

95.091 for the year in which the tax was due.

It is further the intent of the Legislature that the department continue to assess and collect all taxes due to the state under such provisions for all periods available for assessment, as provided for the year in which tax was due by s.

95.091.

Reviser’s note.—Amended to improve clarity.

Section 14. Paragraph (b) of subsection (8) of section 206.8745, Florida Statutes, is amended to read:

206.8745 Credits and refund claims.— (8) Undyed, tax-paid diesel fuel purchased in this state and consumed by the engine of a qualified motor coach during idle time for the purpose of running climate control systems and maintaining electrical systems for the motor coach is subject to a refund.

As used in this subsection, the term “qualified motor coach” means a privately owned vehicle that is designed to carry nine or more passengers, that has a gross vehicle weight of at least 33,000 pounds, that is used exclusively in the commercial application of transporting passengers for compensation, and that has the capacity to measure diesel fuel consumed in Florida during idling, separate from diesel fuel consumed to propel the vehicle in this state, by way of an on-board computer.

(b) The annual refund claim must be submitted before April 1 of the year following the year in which the tax was paid and after December 31, 2000.

758 The Department of Revenue may adopt rules to administer this subsection.

Reviser’s note.—Amended to delete obsolete language.

Section 15. Subsection (5) of section 213.755, Florida Statutes, is amended to read:

213.755 Filing of returns and payment of taxes by electronic means.— (5) Beginning January 1, 2003, Consolidated filers shall file returns and remit taxes by electronic means.

Reviser’s note.—Amended to delete obsolete language.

Section 16. Subsection (1) of section 215.442, Florida Statutes, is amended to read:

215.442 Executive director;

reporting requirements;

public meeting.— (1) Beginning October 2007 and quarterly thereafter, The executive director shall present to the Board of Trustees of the State Board of Administration a quarterly report to include the following:

(a) The name of each equity in which the State Board of Administration has invested for the quarter.

(b) The industry category of each equity.

Reviser’s note.—Amended to delete obsolete language.

Section 17. Subsection (1) of section 215.444, Florida Statutes, is amended to read:

215.444 Investment Advisory Council.— (1) There is created a nine-member six-member Investment Advisory Council to review the investments made by the staff of the Board of Administration and to make recommendations to the board regarding investment policy, strategy, and procedures.

Beginning February 1, 2011, the membership of the council shall be expanded to nine members.

The council shall meet with staff of the board at least once each quarter and shall provide a quarterly report directly to the Board of Trustees of the State Board of Administration at a meeting of the board.

Reviser’s note.—Amended to delete obsolete language.

Section 18. Paragraph (a) of subsection (2) and paragraph (a) of subsection (3) of section 215.4725, Florida Statutes, are amended to read:

215.4725 Prohibited investments by the State Board of Administration;

companies that boycott Israel.— (2) IDENTIFICATION OF COMPANIES.— (a) By August 1, 2016, The public fund shall make its best efforts to identify all scrutinized companies in which the public fund has direct or indirect holdings or could possibly have such holdings in the future.

Such efforts include:

1. To the extent that the public fund finds it appropriate, reviewing and relying on publicly available information regarding companies that boycott Israel, including information provided by nonprofit organizations, research firms, international organizations, and government entities;

2. Contacting asset managers contracted by the public fund for information regarding companies that boycott Israel;

or 3. Contacting other institutional investors that prohibit such investments or that have engaged with companies that boycott Israel.

(3) REQUIRED ACTIONS.—The public fund shall adhere to the following procedures for assembling companies on the Scrutinized Companies that Boycott Israel List.

(a) Engagement.— 1. The public fund shall immediately determine the companies on the Scrutinized Companies that Boycott Israel List in which the public fund owns direct or indirect holdings.

2. For each company newly identified under this paragraph after August 1, 2016, the public fund shall send a written notice informing the company of its scrutinized company status and that it may become subject to investment prohibition by the public fund.

The notice must inform the company of the opportunity to clarify its activities regarding the boycott of Israel and encourage the company to cease the boycott of Israel within 90 days in order to avoid qualifying for investment prohibition.

3. If, within 90 days after the public fund’s first engagement with a company pursuant to this paragraph, the company ceases a boycott of Israel, the company shall be removed from the Scrutinized Companies that Boycott Israel List, and the provisions of this section shall cease to apply to that company unless that company resumes a boycott of Israel.

Reviser’s note.—Amended to delete obsolete language.

Section 19. Section 252.357, Florida Statutes, is amended to read:

252.357 Monitoring of nursing homes and assisted living facilities during disaster.—The Florida Comprehensive Emergency Management Plan shall permit the Agency for Health Care Administration, working from the agency’s offices or in the Emergency Operations Center, ESF-8, to make initial contact with each nursing home and assisted living facility in the disaster area.

The agency, by July 15, 2006, and annually thereafter, shall publish on the Internet an emergency telephone number that may be used by nursing homes and assisted living facilities to contact the agency on a schedule established by the agency to report requests for assistance.

The agency may also provide the telephone number to each facility when it makes the initial facility call.

Reviser’s note.—Amended to delete obsolete language.

Section 20. Section 252.358, Florida Statutes, is amended to read:

252.358 Emergency-preparedness prescription medication refills.—All health insurers, managed care organizations, and other entities that are licensed by the Office of Insurance Regulation and provide prescription medication coverage as part of a policy or contract shall waive time restrictions on prescription medication refills, which include suspension of electronic “refill too soon” edits to pharmacies, to enable insureds or subscribers to refill prescriptions in advance, if there are authorized refills remaining, and shall authorize payment to pharmacies for at least a 30-day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled by a pharmacist, when the following conditions occur:

(1) The person seeking the prescription medication refill resides in a county that:

(a) Is under a hurricane warning issued by the National Weather Service;

(b) Is declared to be under a state of emergency in an executive order issued by the Governor;

or (c) Has activated its emergency operations center and its emergency management plan.

(2) The prescription medication refill is requested within 30 days after the origination date of the conditions stated in this section or until such conditions are terminated by the issuing authority or no longer exist.

The time period for the waiver of prescription medication refills may be extended in 15- or 30-day increments by emergency orders issued by the Office of Insurance Regulation.

883 This section does not excuse or exempt an insured or subscriber from compliance with all other terms of the policy or contract providing prescription medication coverage.

This section takes effect July 1, 2006.

Reviser’s note.—Amended to delete an obsolete provision.

Section 21. Paragraph (c) of subsection (7) of section 258.501, Florida Statutes, is amended to read:

258.501 Myakka River;

wild and scenic segment.— (7) MANAGEMENT COORDINATING COUNCIL.— (c) The Myakka River Management Coordinating Council shall prepare a report concerning the potential expansion of the Florida Wild and Scenic River designation to include the entire Myakka River.

At a minimum, the report shall include a description of the extent of the Myakka River area that may be covered under the expanded designation and any recommendations or concerns of affected parties or other interests.

During the development of the report, at least one public hearing shall be held in each of the affected areas of Manatee, Sarasota, and Charlotte Counties.

The report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives no later than January 1, 2008.

Reviser’s note.—Amended to delete an obsolete provision.

Section 22. Subsection (1) of section 261.04, Florida Statutes, is amended to read:

261.04 Off-Highway Vehicle Recreation Advisory Committee;

members;

appointment.— (1) Effective July 1, 2003, The Off-Highway Vehicle Recreation Advisory Committee is created within the Florida Forest Service and consists of nine members, all of whom are appointed by the Commissioner of Agriculture.

The appointees shall include one representative of the Department of Agriculture and Consumer Services, one representative of the Department of Highway Safety and Motor Vehicles, one representative of the Department of Environmental Protection’s Office of Greenways and Trails, one representative of the Fish and Wildlife Conservation Commission, one citizen with scientific expertise in disciplines relating to ecology, wildlife biology, or other environmental sciences, one representative of a licensed off-highway vehicle dealer, and three representatives of off-highway vehicle recreation groups.

In making these appointments, the commissioner shall consider the places of residence of the members to ensure statewide representation.

Reviser’s note.—Amended to delete obsolete language.

Section 23. Subsection (3) and paragraph (c) of subsection (4) of section 261.20, Florida Statutes, are amended to read:

261.20 Operations of off-highway vehicles on public lands;

restrictions;

safety courses;

required equipment;

prohibited acts;

penalties.— (3) Effective July 1, 2008, While operating an off-highway vehicle, a person who has not attained 16 years of age must have in his or her possession a certificate evidencing the satisfactory completion of an approved off-highway vehicle safety course in this state or another jurisdiction.

A nonresident who has not attained 16 years of age and who is in this state temporarily for a period not to exceed 30 days is exempt from this subsection.

Nothing contained in this chapter shall prohibit an agency from requiring additional safety education courses for all operators.

(4) (c) On and after July 1, 2008, Off-highway vehicles, when operating pursuant to this chapter, shall be equipped with a silencer or other device which limits sound emissions.

Exhaust noise must not exceed 96 decibels in the A-weighting scale for vehicles manufactured after January 1, 1986, or 99 decibels in the A-weighting scale for vehicles manufactured before January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287.

Off-highway vehicle manufacturers or their agents prior to the sale to the general public in this state of any new off-highway vehicle model manufactured after January 1, 2008, shall provide to the department revolutions per-minute data needed to conduct the J-1287 test, where applicable.

Reviser’s note.—Amended to delete obsolete language.

Section 24. Subsection (1) of section 284.02, Florida Statutes, is amended to read:

284.02 Payment of premiums by each agency;

handling of funds;

payment of losses and expenses.— (1) Premiums as calculated on all coverages shall be billed and charged to each state agency according to coverages obtained from the fund for their benefit, and such obligation shall be paid promptly by each agency from its operating budget upon presentation of a bill therefor.

However, no state agency shall be liable for the cost of insurance protection under this section prior to July 1, 1971, if any obligation therefor would be incurred against unappropriated funds.

After July 1, 1971, Billings and the obligation to pay shall be based on coverage provided during each fiscal year and annually thereafter.

Reviser’s note.—Amended to delete an obsolete provision.

Section 25. Subsection (2) of section 286.29, Florida Statutes, is amended to read:

286.29 Climate-friendly public business.—The Legislature recognizes the importance of leadership by state government in the area of energy efficiency and in reducing the greenhouse gas emissions of state government operations.

The following shall pertain to all state agencies when conducting public business:

(2) Effective July 1, 2008, State agencies shall contract for meeting and conference space only with hotels or conference facilities that have received the “Green Lodging” designation from the Department of Environmental Protection for best practices in water, energy, and waste efficiency standards, unless the responsible state agency head makes a determination that no other viable alternative exists.

The Department of Environmental Protection is authorized to adopt rules to implement the “Green Lodging” program.

Reviser’s note.—Amended to delete obsolete language.

Section 26. Paragraph (c) of subsection (2) of section 288.0001, Florida Statutes, is amended to read:

288.0001 Economic Development Programs Evaluation.—The Office of Economic and Demographic Research and the Office of Program Policy Analysis and Government Accountability (OPPAGA) shall develop and present to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees the Economic Development Programs Evaluation.

(2) The Office of Economic and Demographic Research and OPPAGA shall provide a detailed analysis of economic development programs as provided in the following schedule:

(c) By January 1, 2016, and every 3 years thereafter, an analysis of the following:

1. The qualified defense contractor and space flight business tax refund program established under s.

288.1045.

2. The tax exemption for semiconductor, defense, or space technology sales established under s.

212.08(5)(j).

3. The Military Base Protection Program established under s.

288.980.

4. The Manufacturing and Spaceport Investment Incentive Program formerly established under s.

288.1083.

4.5. The Quick Response Training Program established under s.

288.047.

5.6. The Incumbent Worker Training Program established under s.

445.003.

6.7. International trade and business development programs established or funded under s.

288.826.

Reviser’s note.—Amended to conform to the repeal of referenced s.

288.1083 by s.

6, ch.

2014-18, Laws of Florida, to confirm repeal of s.

288.1083 pursuant to its own terms effective July 1, 2013.

Section 27. Paragraph (c) of subsection (3) of section 288.101, Florida Statutes, is amended to read:

288.101 Florida Job Growth Grant Fund.— (3) For purposes of this section:

(c) “Targeted industry” means any industry identified in the most recent list provided to the Governor, the President of the Senate, and the Speaker of the House of Representatives in accordance with s.

288.106(2)(q) 288.106(q).

Reviser’s note.—Amended to confirm the editorial substitution of a reference to s.

288.106(2)(q) for a reference to s.

288.106(q) to provide the complete citation.

Section 28. Subsection (5) of section 288.1258, Florida Statutes, is amended to read:

288.1258 Entertainment industry qualified production companies;

application procedure;

categories;

duties of the Department of Revenue;

records and reports.— (5) RELATIONSHIP OF TAX EXEMPTIONS AND INCENTIVES TO INDUSTRY GROWTH;

REPORT TO THE LEGISLATURE.—The Office of Film and Entertainment shall keep annual records from the information provided on taxpayer applications for tax exemption certificates beginning January 1, 2001.

These records also must reflect a ratio of the annual amount of sales and use tax exemptions under this section, plus the incentives awarded pursuant to s.

288.1254 to the estimated amount of funds expended by certified productions.

In addition, the office shall maintain data showing annual growth in Florida-based entertainment industry companies and entertainment industry employment and wages.

The employment information must include an estimate of the full-time equivalent positions created by each production that received tax credits pursuant to s.

288.1254.

The Office of Film and Entertainment shall include this information in the annual report for the entertainment industry financial incentive program required under s.

288.1254(10).

Reviser’s note.—Amended to delete obsolete language.

Section 29. Paragraph (b) of subsection (12) of section 315.03, Florida Statutes, is amended to read:

315.03 Grant of powers.—Each unit is hereby authorized and empowered:

(12) (b) The Florida Seaport Transportation and Economic Development Council shall prepare an annual report detailing the amounts loaned, the projects financed by the loans, any interest earned, and loans outstanding.

The report shall be submitted to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1 of each year, beginning in 2004.

Reviser’s note.—Amended to delete obsolete language.

Section 30. Subsection (3) of section 320.833, Florida Statutes, is amended to read:

320.833 Retention, destruction, and reproduction of records;

electronic retention.—Records and documents of the Department of Highway Safety and Motor Vehicles, created in compliance with, and in the implementation of, chapter 319 and this chapter, shall be retained by the department as specified in record retention schedules established under the general provisions of chapter 119.

Further, the department is hereby authorized:

(3) Beginning December 1, 2001, the department may To maintain all records required or obtained in compliance with, and in the implementation of, chapter 319 and this chapter exclusively by electronic means.

Reviser’s note.—Amended to delete obsolete language.

Section 31. Section 320.865, Florida Statutes, is amended to read:

320.865 Maintenance of records by the department.—Beginning December 1, 2001, The department shall maintain electronic records of all complaints filed against licensees licensed under the provisions of ss.

320.27, 320.61, 320.77, 320.771, and 320.8225, any other provision of this chapter to the contrary notwithstanding.

The records shall contain all enforcement actions taken against licensees and against unlicensed persons acting in a capacity which would require them to be licensed under those sections.

The electronic file of each licensee and unlicensed person shall contain a record of any complaints filed against him or her and a record of any enforcement actions taken against him or her.

The complainant and the referring agency, if there is one, shall be advised of the disposition by the department of the complaint within 10 days of such action.

Reviser’s note.—Amended to delete obsolete language.

Section 32. Subsection (1) of section 331.3051, Florida Statutes, is amended to read:

331.3051 Duties of Space Florida.—Space Florida shall:

(1) Create a business plan to foster the growth and development of the aerospace industry.

The business plan must address business development, finance, spaceport operations, research and development, workforce development, and education.

The business plan must be completed by March 1, 2007, and be revised when determined as necessary by the board.

Reviser’s note.—Amended to delete obsolete language.

Section 33. Subsection (8) of section 332.007, Florida Statutes, is amended to read:

332.007 Administration and financing of aviation and airport programs and projects;

state plan.— (8) Notwithstanding any other law to the contrary, any airport with direct intercontinental passenger service that is located in a county with a population under 400,000 as of July 1, 2002, and that has a loan from the Department of Transportation due in August of 2002 shall have such loan extended until September 18, 2008.

Reviser’s note.—Amended to delete an obsolete provision.

Section 34. Paragraph (d) of subsection (1) of section 344.26, Florida Statutes, is amended to read:

344.26 State Board of Administration;

duties concerning debt service.— (1) (d) It shall be the duty of all officials of any such public body, county, district, municipality or other public authority to turn over to said State Board of Administration within 30 days after May 27, 1943, or within 30 days after the execution hereafter of any such lease or purchase agreement by Department of Transportation all moneys or other assets applicable to, or available for, the payment of said bonds or debentures, together with all records, books, documents or other papers pertaining to said bonds or debentures.

Reviser’s note.—Amended to delete obsolete language.

Section 35. Subsection (1) of section 364.386, Florida Statutes, is amended to read:

364.386 Reports to the Legislature.— (1)(a) The commission shall submit to the President of the Senate, the Speaker of the House of Representatives, and the majority and minority leaders of the Senate and the House of Representatives, on August 1, 2008, and on an annual basis thereafter, a report on the status of competition in the telecommunications industry and a detailed exposition of the following:

1. The ability of competitive providers to make functionally equivalent local exchange services available to both residential and business customers at competitive rates, terms, and conditions.

2. The ability of consumers to obtain functionally equivalent services at comparable rates, terms, and conditions.

3. The overall impact of competition on the maintenance of reasonably affordable and reliable high-quality telecommunications services.

4. A listing and short description of any carrier disputes filed under s.