Bill Text: FL H7065 | 2010 | Regular Session | Introduced

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Bill Title: Florida Statutes

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-03-09 - Placed on Special Order Calendar; Substituted SB 1782; Laid on Table, companion bill(s) passed, see SB 1782 (Ch. 2010-4) -HJ 00229 [H7065 Detail]

Download: Florida-2010-H7065-Introduced.html

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HB 7065

1	A reviser's bill to be entitled
2	An act relating to the Florida Statutes; repealing ss.
3	110.1099(1)(b), 112.061(16), 212.031(10), 215.559(8),
4	220.183(1)(h), 253.01(3), 253.034(13), 287.057(14)(b),
5	373.1961(5) and (6), 373.472(1)(b), 375.041(3)(b),
6	379.201(3), 379.204(3), 379.206(3), 403.7095(8),
7	403.890(3), 408.036(1)(g), 624.5105(6), 733.702(5), and
8	985.0395, F.S.; and amending ss. 212.031(1)(a),
9	212.08(5)(p), and 380.06(19)(e); to delete provisions
10	which have become inoperative by noncurrent repeal or
11	expiration and, pursuant to s. 11.242(5)(b) and (i), may
12	be omitted from the 2010 Florida Statutes only through a
13	reviser's bill duly enacted by the Legislature; providing
14	an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Paragraph (b) of subsection (1) of section
19	110.1099, Florida Statutes, is repealed.
20	Reviser's note.-The cited paragraph, which relates to
21	state employees not being authorized to receive
22	fundable tuition waivers on a space-available basis
23	during the 2001-2002 fiscal year only, expired
24	pursuant to its own terms, effective July 1, 2002.
25	Section 2. Subsection (16) of section 112.061, Florida
26	Statutes, is repealed.
27	Reviser's note.-The cited subsection, which relates to
28	travel reimbursement for Supreme Court justices,
29	expired pursuant to its own terms, effective July 1,
30	2009.
31	Section 3. Subsection (10) of section 212.031, Florida
32	Statutes, is repealed, and paragraph (a) of subsection (1) of
33	that section is amended to read:
34	212.031 Tax on rental or license fee for use of real
35	property.-
36	(1)(a) It is declared to be the legislative intent that
37	every person is exercising a taxable privilege who engages in
38	the business of renting, leasing, letting, or granting a license
39	for the use of any real property unless such property is:
40	1. Assessed as agricultural property under s. 193.461.
41	2. Used exclusively as dwelling units.
42	3. Property subject to tax on parking, docking, or storage
43	spaces under s. 212.03(6).
44	4. Recreational property or the common elements of a
45	condominium when subject to a lease between the developer or
46	owner thereof and the condominium association in its own right
47	or as agent for the owners of individual condominium units or
48	the owners of individual condominium units. However, only the
49	lease payments on such property shall be exempt from the tax
50	imposed by this chapter, and any other use made by the owner or
51	the condominium association shall be fully taxable under this
52	chapter.
53	5. A public or private street or right-of-way and poles,
54	conduits, fixtures, and similar improvements located on such
55	streets or rights-of-way, occupied or used by a utility or
56	provider of communications services, as defined by s. 202.11,
57	for utility or communications or television purposes. For
58	purposes of this subparagraph, the term "utility" means any
59	person providing utility services as defined in s. 203.012. This
60	exception also applies to property, wherever located, on which
61	the following are placed: towers, antennas, cables, accessory
62	structures, or equipment, not including switching equipment,
63	used in the provision of mobile communications services as
64	defined in s. 202.11. For purposes of this chapter, towers used
65	in the provision of mobile communications services, as defined
66	in s. 202.11, are considered to be fixtures.
67	6. A public street or road which is used for
68	transportation purposes.
69	7. Property used at an airport exclusively for the purpose
70	of aircraft landing or aircraft taxiing or property used by an
71	airline for the purpose of loading or unloading passengers or
72	property onto or from aircraft or for fueling aircraft.
73	8.a. Property used at a port authority, as defined in s.
74	315.02(2), exclusively for the purpose of oceangoing vessels or
75	tugs docking, or such vessels mooring on property used by a port
76	authority for the purpose of loading or unloading passengers or
77	cargo onto or from such a vessel, or property used at a port
78	authority for fueling such vessels, or to the extent that the
79	amount paid for the use of any property at the port is based on
80	the charge for the amount of tonnage actually imported or
81	exported through the port by a tenant.
82	b. The amount charged for the use of any property at the
83	port in excess of the amount charged for tonnage actually
84	imported or exported shall remain subject to tax except as
85	provided in sub-subparagraph a.
86	9. Property used as an integral part of the performance of
87	qualified production services. As used in this subparagraph, the
88	term "qualified production services" means any activity or
89	service performed directly in connection with the production of
90	a qualified motion picture, as defined in s. 212.06(1)(b), and
91	includes:
92	a. Photography, sound and recording, casting, location
93	managing and scouting, shooting, creation of special and optical
94	effects, animation, adaptation (language, media, electronic, or
95	otherwise), technological modifications, computer graphics, set
96	and stage support (such as electricians, lighting designers and
97	operators, greensmen, prop managers and assistants, and grips),
98	wardrobe (design, preparation, and management), hair and makeup
99	(design, production, and application), performing (such as
100	acting, dancing, and playing), designing and executing stunts,
101	coaching, consulting, writing, scoring, composing,
102	choreographing, script supervising, directing, producing,
103	transmitting dailies, dubbing, mixing, editing, cutting,
104	looping, printing, processing, duplicating, storing, and
105	distributing;
106	b. The design, planning, engineering, construction,
107	alteration, repair, and maintenance of real or personal property
108	including stages, sets, props, models, paintings, and facilities
109	principally required for the performance of those services
110	listed in sub-subparagraph a.; and
111	c. Property management services directly related to
112	property used in connection with the services described in sub-
113	subparagraphs a. and b.
114
115	This exemption will inure to the taxpayer upon presentation of
116	the certificate of exemption issued to the taxpayer under the
117	provisions of s. 288.1258.
118	10. Leased, subleased, licensed, or rented to a person
119	providing food and drink concessionaire services within the
120	premises of a convention hall, exhibition hall, auditorium,
121	stadium, theater, arena, civic center, performing arts center,
122	publicly owned recreational facility, or any business operated
123	under a permit issued pursuant to chapter 550. A person
124	providing retail concessionaire services involving the sale of
125	food and drink or other tangible personal property within the
126	premises of an airport shall be subject to tax on the rental of
127	real property used for that purpose, but shall not be subject to
128	the tax on any license to use the property. For purposes of this
129	subparagraph, the term "sale" shall not include the leasing of
130	tangible personal property.
131	11. Property occupied pursuant to an instrument calling
132	for payments which the department has declared, in a Technical
133	Assistance Advisement issued on or before March 15, 1993, to be
134	nontaxable pursuant to rule 12A-1.070(19)(c), Florida
135	Administrative Code; provided that this subparagraph shall only
136	apply to property occupied by the same person before and after
137	the execution of the subject instrument and only to those
138	payments made pursuant to such instrument, exclusive of renewals
139	and extensions thereof occurring after March 15, 1993.
140	12. Rented, leased, subleased, or licensed to a
141	concessionaire by a convention hall, exhibition hall,
142	auditorium, stadium, theater, arena, civic center, performing
143	arts center, or publicly owned recreational facility, during an
144	event at the facility, to be used by the concessionaire to sell
145	souvenirs, novelties, or other event-related products. This
146	subparagraph applies only to that portion of the rental, lease,
147	or license payment which is based on a percentage of sales and
148	not based on a fixed price. This subparagraph is repealed July
149	1, 2009.
150	12. 13. Property used or occupied predominantly for space
151	flight business purposes. As used in this subparagraph, "space
152	flight business" means the manufacturing, processing, or
153	assembly of a space facility, space propulsion system, space
154	vehicle, satellite, or station of any kind possessing the
155	capacity for space flight, as defined by s. 212.02(23), or
156	components thereof, and also means the following activities
157	supporting space flight: vehicle launch activities, flight
158	operations, ground control or ground support, and all
159	administrative activities directly related thereto. Property
160	shall be deemed to be used or occupied predominantly for space
161	flight business purposes if more than 50 percent of the
162	property, or improvements thereon, is used for one or more space
163	flight business purposes. Possession by a landlord, lessor, or
164	licensor of a signed written statement from the tenant, lessee,
165	or licensee claiming the exemption shall relieve the landlord,
166	lessor, or licensor from the responsibility of collecting the
167	tax, and the department shall look solely to the tenant, lessee,
168	or licensee for recovery of such tax if it determines that the
169	exemption was not applicable.
170	Reviser's note.-Amends paragraph (1)(a) to delete
171	subparagraph 12., which provides an exemption from tax
172	for the rental or licensure of property to a
173	concessionaire by specified recreational facilities
174	for sale of event-related products, which subparagraph
175	was repealed pursuant to its own terms, effective July
176	1, 2009. Repeals subsection (10), which provided for
177	an exemption from tax for separately stated charges
178	imposed by specified recreational facilities upon a
179	lessee or licensee for food, drink, or services
180	required or available in connection with a lease or
181	license to use real property, including charges for
182	event-related personnel, advertising, and credit card
183	processing, which subsection was repealed by s. 2, ch.
184	2006-101, Laws of Florida, effective July 1, 2009.
185	Since the subsection was not repealed by a "current
186	session" of the Legislature, it may be omitted from
187	the 2010 Florida Statutes only through a reviser's
188	bill duly enacted by the Legislature. See s.
189	11.242(5)(b) and (i).
190	Section 4. Paragraph (p) of subsection (5) of section
191	212.08, Florida Statutes, is amended to read:
192	212.08 Sales, rental, use, consumption, distribution, and
193	storage tax; specified exemptions.-The sale at retail, the
194	rental, the use, the consumption, the distribution, and the
195	storage to be used or consumed in this state of the following
196	are hereby specifically exempt from the tax imposed by this
197	chapter.
198	(5) EXEMPTIONS; ACCOUNT OF USE.-
199	(p) Community contribution tax credit for donations.-
200	1. Authorization.-Persons who are registered with the
201	department under s. 212.18 to collect or remit sales or use tax
202	and who make donations to eligible sponsors are eligible for tax
203	credits against their state sales and use tax liabilities as
204	provided in this paragraph:
205	a. The credit shall be computed as 50 percent of the
206	person's approved annual community contribution.
207	b. The credit shall be granted as a refund against state
208	sales and use taxes reported on returns and remitted in the 12
209	months preceding the date of application to the department for
210	the credit as required in sub-subparagraph 3.c. If the annual
211	credit is not fully used through such refund because of
212	insufficient tax payments during the applicable 12-month period,
213	the unused amount may be included in an application for a refund
214	made pursuant to sub-subparagraph 3.c. in subsequent years
215	against the total tax payments made for such year. Carryover
216	credits may be applied for a 3-year period without regard to any
217	time limitation that would otherwise apply under s. 215.26.
218	c. A person may not receive more than $200,000 in annual
219	tax credits for all approved community contributions made in any
220	one year.
221	d. All proposals for the granting of the tax credit
222	require the prior approval of the Office of Tourism, Trade, and
223	Economic Development.
224	e. The total amount of tax credits which may be granted
225	for all programs approved under this paragraph, s. 220.183, and
226	s. 624.5105 is $10.5 million annually for projects that provide
227	homeownership opportunities for low-income or very-low-income
228	households as defined in s. 420.9071(19) and (28) and $3.5
229	million annually for all other projects.
230	f. A person who is eligible to receive the credit provided
231	for in this paragraph, s. 220.183, or s. 624.5105 may receive
232	the credit only under the one section of the person's choice.
233	2. Eligibility requirements.-
234	a. A community contribution by a person must be in the
235	following form:
236	(I) Cash or other liquid assets;
237	(II) Real property;
238	(III) Goods or inventory; or
239	(IV) Other physical resources as identified by the Office
240	of Tourism, Trade, and Economic Development.
241	b. All community contributions must be reserved
242	exclusively for use in a project. As used in this sub-
243	subparagraph, the term "project" means any activity undertaken
244	by an eligible sponsor which is designed to construct, improve,
245	or substantially rehabilitate housing that is affordable to low-
246	income or very-low-income households as defined in s.
247	420.9071(19) and (28); designed to provide commercial,
248	industrial, or public resources and facilities; or designed to
249	improve entrepreneurial and job-development opportunities for
250	low-income persons. A project may be the investment necessary to
251	increase access to high-speed broadband capability in rural
252	communities with enterprise zones, including projects that
253	result in improvements to communications assets that are owned
254	by a business. A project may include the provision of museum
255	educational programs and materials that are directly related to
256	any project approved between January 1, 1996, and December 31,
257	1999, and located in an enterprise zone designated pursuant to
258	s. 290.0065. This paragraph does not preclude projects that
259	propose to construct or rehabilitate housing for low-income or
260	very-low-income households on scattered sites. With respect to
261	housing, contributions may be used to pay the following eligible
262	low-income and very-low-income housing-related activities:
263	(I) Project development impact and management fees for
264	low-income or very-low-income housing projects;
265	(II) Down payment and closing costs for eligible persons,
266	as defined in s. 420.9071(19) and (28);
267	(III) Administrative costs, including housing counseling
268	and marketing fees, not to exceed 10 percent of the community
269	contribution, directly related to low-income or very-low-income
270	projects; and
271	(IV) Removal of liens recorded against residential
272	property by municipal, county, or special district local
273	governments when satisfaction of the lien is a necessary
274	precedent to the transfer of the property to an eligible person,
275	as defined in s. 420.9071(19) and (28), for the purpose of
276	promoting home ownership. Contributions for lien removal must be
277	received from a nonrelated third party.
278	c. The project must be undertaken by an "eligible
279	sponsor," which includes:
280	(I) A community action program;
281	(II) A nonprofit community-based development organization
282	whose mission is the provision of housing for low-income or
283	very-low-income households or increasing entrepreneurial and
284	job-development opportunities for low-income persons;
285	(III) A neighborhood housing services corporation;
286	(IV) A local housing authority created under chapter 421;
287	(V) A community redevelopment agency created under s.
288	163.356;
289	(VI) The Florida Industrial Development Corporation;
290	(VII) A historic preservation district agency or
291	organization;
292	(VIII) A regional workforce board;
293	(IX) A direct-support organization as provided in s.
294	1009.983;
295	(X) An enterprise zone development agency created under s.
296	290.0056;
297	(XI) A community-based organization incorporated under
298	chapter 617 which is recognized as educational, charitable, or
299	scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
300	and whose bylaws and articles of incorporation include
301	affordable housing, economic development, or community
302	development as the primary mission of the corporation;
303	(XII) Units of local government;
304	(XIII) Units of state government; or
305	(XIV) Any other agency that the Office of Tourism, Trade,
306	and Economic Development designates by rule.
307
308	In no event may a contributing person have a financial interest
309	in the eligible sponsor.
310	d. The project must be located in an area designated an
311	enterprise zone or a Front Porch Florida Community pursuant to
312	s. 20.18(6), unless the project increases access to high-speed
313	broadband capability for rural communities with enterprise zones
314	but is physically located outside the designated rural zone
315	boundaries. Any project designed to construct or rehabilitate
316	housing for low-income or very-low-income households as defined
317	in s. 420.9071(19) and (28) is exempt from the area requirement
318	of this sub-subparagraph.
319	e.(I) If, during the first 10 business days of the state
320	fiscal year, eligible tax credit applications for projects that
321	provide homeownership opportunities for low-income or very-low-
322	income households as defined in s. 420.9071(19) and (28) are
323	received for less than the annual tax credits available for
324	those projects, the Office of Tourism, Trade, and Economic
325	Development shall grant tax credits for those applications and
326	shall grant remaining tax credits on a first-come, first-served
327	basis for any subsequent eligible applications received before
328	the end of the state fiscal year. If, during the first 10
329	business days of the state fiscal year, eligible tax credit
330	applications for projects that provide homeownership
331	opportunities for low-income or very-low-income households as
332	defined in s. 420.9071(19) and (28) are received for more than
333	the annual tax credits available for those projects, the office
334	shall grant the tax credits for those applications as follows:
335	(A) If tax credit applications submitted for approved
336	projects of an eligible sponsor do not exceed $200,000 in total,
337	the credits shall be granted in full if the tax credit
338	applications are approved.
339	(B) If tax credit applications submitted for approved
340	projects of an eligible sponsor exceed $200,000 in total, the
341	amount of tax credits granted pursuant to sub-sub-sub-
342	subparagraph (A) shall be subtracted from the amount of
343	available tax credits, and the remaining credits shall be
344	granted to each approved tax credit application on a pro rata
345	basis.
346	(II) If, during the first 10 business days of the state
347	fiscal year, eligible tax credit applications for projects other
348	than those that provide homeownership opportunities for low-
349	income or very-low-income households as defined in s.
350	420.9071(19) and (28) are received for less than the annual tax
351	credits available for those projects, the office shall grant tax
352	credits for those applications and shall grant remaining tax
353	credits on a first-come, first-served basis for any subsequent
354	eligible applications received before the end of the state
355	fiscal year. If, during the first 10 business days of the state
356	fiscal year, eligible tax credit applications for projects other
357	than those that provide homeownership opportunities for low-
358	income or very-low-income households as defined in s.
359	420.9071(19) and (28) are received for more than the annual tax
360	credits available for those projects, the office shall grant the
361	tax credits for those applications on a pro rata basis.
362	3. Application requirements.-
363	a. Any eligible sponsor seeking to participate in this
364	program must submit a proposal to the Office of Tourism, Trade,
365	and Economic Development which sets forth the name of the
366	sponsor, a description of the project, and the area in which the
367	project is located, together with such supporting information as
368	is prescribed by rule. The proposal must also contain a
369	resolution from the local governmental unit in which the project
370	is located certifying that the project is consistent with local
371	plans and regulations.
372	b. Any person seeking to participate in this program must
373	submit an application for tax credit to the office which sets
374	forth the name of the sponsor, a description of the project, and
375	the type, value, and purpose of the contribution. The sponsor
376	shall verify the terms of the application and indicate its
377	receipt of the contribution, which verification must be in
378	writing and accompany the application for tax credit. The person
379	must submit a separate tax credit application to the office for
380	each individual contribution that it makes to each individual
381	project.
382	c. Any person who has received notification from the
383	office that a tax credit has been approved must apply to the
384	department to receive the refund. Application must be made on
385	the form prescribed for claiming refunds of sales and use taxes
386	and be accompanied by a copy of the notification. A person may
387	submit only one application for refund to the department within
388	any 12-month period.
389	4. Administration.-
390	a. The Office of Tourism, Trade, and Economic Development
391	may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
392	to administer this paragraph, including rules for the approval
393	or disapproval of proposals by a person.
394	b. The decision of the office must be in writing, and, if
395	approved, the notification shall state the maximum credit
396	allowable to the person. Upon approval, the office shall
397	transmit a copy of the decision to the Department of Revenue.
398	c. The office shall periodically monitor all projects in a
399	manner consistent with available resources to ensure that
400	resources are used in accordance with this paragraph; however,
401	each project must be reviewed at least once every 2 years.
402	d. The office shall, in consultation with the Department
403	of Community Affairs and the statewide and regional housing and
404	financial intermediaries, market the availability of the
405	community contribution tax credit program to community-based
406	organizations.
407	5. Notwithstanding sub-subparagraph 1.e., and for the
408	2008-2009 fiscal year only, the total amount of tax credit which
409	may be granted for all programs approved under this section and
410	ss. 220.183 and 624.5105 is $13 million annually for projects
411	that provide homeownership opportunities for low-income or very-
412	low-income households as defined in s. 420.9071(19) and (28) and
413	$3.5 million annually for all other projects. This subparagraph
414	expires June 30, 2009.
415	5. 6. Expiration.-This paragraph expires June 30, 2015;
416	however, any accrued credit carryover that is unused on that
417	date may be used until the expiration of the 3-year carryover
418	period for such credit.
419	Reviser's note.-Amends paragraph (5)(p) to delete
420	subparagraph 5., which relates to a cap on the
421	community contribution tax credit for donations
422	amounts for projects providing homeownership
423	opportunities for low-income and very-low-income
424	households for the 2008-2009 fiscal year, which
425	subparagraph expired pursuant to its own terms,
426	effective June 30, 2009.
427	Section 5. Subsection (8) of section 215.559, Florida
428	Statutes, is repealed.
429	Reviser's note.-The cited subsection, which provides
430	for allocation of funds for the Hurricane Loss
431	Mitigation Program for the 2008-2009 fiscal year only,
432	expired pursuant to its own terms, effective July 1,
433	2009.
434	Section 6. Paragraph (h) of subsection (1) of section
435	220.183, Florida Statutes, is repealed.
436	Reviser's note.-The cited paragraph, which relates to
437	a cap on the community contribution tax credit amounts
438	for projects providing homeownership opportunities for
439	low-income and very-low-income households for the
440	2008-2009 fiscal year, expired pursuant to its own
441	terms, effective June 30, 2009.
442	Section 7. Subsection (3) of section 253.01, Florida
443	Statutes, is repealed.
444	Reviser's note.-The cited subsection, which relates to
445	use of Internal Improvement Trust Fund moneys for the
446	2008-2009 fiscal year for grants and aids to local
447	governments for the drinking water facility
448	construction state revolving loan program, expired
449	pursuant to its own terms, effective July 1, 2009.
450	Section 8. Subsection (13) of section 253.034, Florida
451	Statutes, is repealed.
452	Reviser's note.-The cited subsection, which relates to
453	deposit of funds from the sale of property by the
454	Department of Highway Safety and Motor Vehicles
455	located in Palm Beach County into the Highway Safety
456	Operating Trust Fund to facilitate the exchange as
457	provided in the General Appropriations Act, provided
458	that at the conclusion of both exchanges the values
459	are equalized, expired pursuant to its own terms,
460	effective July 1, 2009.
461	Section 9. Paragraph (b) of subsection (14) of section
462	287.057, Florida Statutes, is repealed.
463	Reviser's note.-The cited paragraph, which relates to
464	authority of the Department of Health to enter into an
465	agreement, not to exceed 20 years, with a private
466	contractor to finance, design, and construct a
467	hospital, of no more than 50 beds, for the treatment
468	of patients with active tuberculosis and to operate
469	all aspects of daily operations within the facility,
470	expired pursuant to its own terms, effective July 1,
471	2009.
472	Section 10. Subsections (5) and (6) of section 373.1961,
473	Florida Statutes, are repealed.
474	Reviser's note.-Subsection (5), relating to
475	distribution of funds for an alternative water supply
476	for the 2008-2009 fiscal year only in the state water
477	resource plan, expired pursuant to its own terms,
478	effective July 1, 2009. Subsection (6), relating to
479	funds remaining to be distributed after the
480	distribution in subsection (5), for the 2008-2009
481	fiscal year only, has served its purpose.
482	Section 11. Paragraph (b) of subsection (1) of section
483	373.472, Florida Statutes, is repealed.
484	Reviser's note.-The cited paragraph, which provides
485	that the uses and purposes of the Save Our Everglades
486	Trust Fund specified in paragraph (1)(a) are
487	inapplicable for the 2008-2009 fiscal year, expired
488	pursuant to its own terms, effective July 1, 2009.
489	Section 12. Paragraph (b) of subsection (3) of section
490	375.041, Florida Statutes, is repealed.
491	Reviser's note.-The cited paragraph, which relates to
492	transfer of moneys in the Land Acquisition Trust Fund
493	to the Ecosystem Management and Restoration Trust Fund
494	for grants and aids to local governments for water
495	projects as provided in the General Appropriations Act
496	for the 2008-2009 fiscal year, expired pursuant to its
497	own terms, effective July 1, 2009.
498	Section 13. Subsection (3) of section 379.201, Florida
499	Statutes, is repealed.
500	Reviser's note.-The cited subsection, which relates to
501	termination of the Administrative Trust Fund within
502	the Fish and Wildlife Conservation Commission, was
503	repealed by s. 2, ch. 2008-21, Laws of Florida,
504	effective July 1, 2009. Since the subsection was not
505	repealed by a "current session" of the Legislature, it
506	may be omitted from the 2010 Florida Statutes only
507	through a reviser's bill duly enacted by the
508	Legislature. See s. 11.242(5)(b) and (i).
509	Section 14. Subsection (3) of section 379.204, Florida
510	Statutes, is repealed.
511	Reviser's note.-The cited subsection, which relates to
512	termination of the Federal Grants Trust Fund within
513	the Fish and Wildlife Conservation Commission, was
514	repealed by s. 2, ch. 2008-22, Laws of Florida,
515	effective July 1, 2009. Since the subsection was not
516	repealed by a "current session" of the Legislature, it
517	may be omitted from the 2010 Florida Statutes only
518	through a reviser's bill duly enacted by the
519	Legislature. See s. 11.242(5)(b) and (i).
520	Section 15. Subsection (3) of section 379.206, Florida
521	Statutes, is repealed.
522	Reviser's note.-The cited subsection, which relates to
523	termination of the Grants and Donations Trust Fund
524	within the Fish and Wildlife Conservation Commission,
525	was repealed by s. 2, ch. 2008-23, Laws of Florida,
526	effective July 1, 2009. Since the subsection was not
527	repealed by a "current session" of the Legislature, it
528	may be omitted from the 2010 Florida Statutes only
529	through a reviser's bill duly enacted by the
530	Legislature. See s. 11.242(5)(b) and (i).
531	Section 16. Paragraph (e) of subsection (19) of section
532	380.06, Florida Statutes, is amended to read:
533	380.06 Developments of regional impact.-
534	(19) SUBSTANTIAL DEVIATIONS.-
535	(e)1. Except for a development order rendered pursuant to
536	subsection (22) or subsection (25), a proposed change to a
537	development order that individually or cumulatively with any
538	previous change is less than any numerical criterion contained
539	in subparagraphs (b)1.-13. and does not exceed any other
540	criterion, or that involves an extension of the buildout date of
541	a development, or any phase thereof, of less than 5 years is not
542	subject to the public hearing requirements of subparagraph
543	(f)3., and is not subject to a determination pursuant to
544	subparagraph (f)5. Notice of the proposed change shall be made
545	to the regional planning council and the state land planning
546	agency. Such notice shall include a description of previous
547	individual changes made to the development, including changes
548	previously approved by the local government, and shall include
549	appropriate amendments to the development order.
550	2. The following changes, individually or cumulatively
551	with any previous changes, are not substantial deviations:
552	a. Changes in the name of the project, developer, owner,
553	or monitoring official.
554	b. Changes to a setback that do not affect noise buffers,
555	environmental protection or mitigation areas, or archaeological
556	or historical resources.
557	c. Changes to minimum lot sizes.
558	d. Changes in the configuration of internal roads that do
559	not affect external access points.
560	e. Changes to the building design or orientation that stay
561	approximately within the approved area designated for such
562	building and parking lot, and which do not affect historical
563	buildings designated as significant by the Division of
564	Historical Resources of the Department of State.
565	f. Changes to increase the acreage in the development,
566	provided that no development is proposed on the acreage to be
567	added.
568	g. Changes to eliminate an approved land use, provided
569	that there are no additional regional impacts.
570	h. Changes required to conform to permits approved by any
571	federal, state, or regional permitting agency, provided that
572	these changes do not create additional regional impacts.
573	i. Any renovation or redevelopment of development within a
574	previously approved development of regional impact which does
575	not change land use or increase density or intensity of use.
576	j. Changes that modify boundaries and configuration of
577	areas described in subparagraph (b)14. due to science-based
578	refinement of such areas by survey, by habitat evaluation, by
579	other recognized assessment methodology, or by an environmental
580	assessment. In order for changes to qualify under this sub-
581	subparagraph, the survey, habitat evaluation, or assessment must
582	occur prior to the time a conservation easement protecting such
583	lands is recorded and must not result in any net decrease in the
584	total acreage of the lands specifically set aside for permanent
585	preservation in the final development order.
586	k. Changes to permit the sale of an affordable housing
587	unit to a person who earns less than 120 percent of the area
588	median income, provided the developer actively markets the unit
589	for a minimum period of 6 months, is unable to close a sale to a
590	qualified buyer in a lower income qualified income class, a
591	certificate of occupancy is issued for the unit, and the
592	developer proposes to sell the unit to a person who earns less
593	than 120 percent of the area median income at a purchase price
594	that is no greater than the purchase price at which the unit was
595	originally marketed to a lower income qualified class. This
596	provision may not be applied to residential units approved
597	pursuant to subparagraph (b)7. or paragraph (i), and shall
598	expire on July 1, 2009.
599	k. l. Any other change which the state land planning
600	agency, in consultation with the regional planning council,
601	agrees in writing is similar in nature, impact, or character to
602	the changes enumerated in sub-subparagraphs a.-j. and which does
603	not create the likelihood of any additional regional impact.
604
605	This subsection does not require the filing of a notice of
606	proposed change but shall require an application to the local
607	government to amend the development order in accordance with the
608	local government's procedures for amendment of a development
609	order. In accordance with the local government's procedures,
610	including requirements for notice to the applicant and the
611	public, the local government shall either deny the application
612	for amendment or adopt an amendment to the development order
613	which approves the application with or without conditions.
614	Following adoption, the local government shall render to the
615	state land planning agency the amendment to the development
616	order. The state land planning agency may appeal, pursuant to s.
617	380.07(3), the amendment to the development order if the
618	amendment involves sub-subparagraph g., sub-subparagraph h.,
619	sub-subparagraph j., or sub-subparagraph k., or sub-subparagraph
620	l., and it believes the change creates a reasonable likelihood
621	of new or additional regional impacts.
622	3. Except for the change authorized by sub-subparagraph
623	2.f., any addition of land not previously reviewed or any change
624	not specified in paragraph (b) or paragraph (c) shall be
625	presumed to create a substantial deviation. This presumption may
626	be rebutted by clear and convincing evidence.
627	4. Any submittal of a proposed change to a previously
628	approved development shall include a description of individual
629	changes previously made to the development, including changes
630	previously approved by the local government. The local
631	government shall consider the previous and current proposed
632	changes in deciding whether such changes cumulatively constitute
633	a substantial deviation requiring further development-of-
634	regional-impact review.
635	5. The following changes to an approved development of
636	regional impact shall be presumed to create a substantial
637	deviation. Such presumption may be rebutted by clear and
638	convincing evidence.
639	a. A change proposed for 15 percent or more of the acreage
640	to a land use not previously approved in the development order.
641	Changes of less than 15 percent shall be presumed not to create
642	a substantial deviation.
643	b. Notwithstanding any provision of paragraph (b) to the
644	contrary, a proposed change consisting of simultaneous increases
645	and decreases of at least two of the uses within an authorized
646	multiuse development of regional impact which was originally
647	approved with three or more uses specified in s. 380.0651(3)(c),
648	(d), (e), and (f) and residential use.
649	Reviser's note.-Amends paragraph (19)(e) to delete
650	sub-subparagraph 2.k., which provided that changes to
651	permit certain sales of affordable housing units are
652	not substantial deviations from development orders,
653	which sub-subparagraph expired pursuant to its own
654	terms, effective July 1, 2009.
655	Section 17. Subsection (8) of section 403.7095, Florida
656	Statutes, is repealed.
657	Reviser's note.-The cited subsection, which authorizes
658	the Department of Environmental Protection, for the
659	2008-2009 fiscal year only, to award specified funds
660	to counties having populations of fewer than 100,000
661	for waste tire and litter prevention, recycling
662	education, and general solid waste programs and for
663	the Innovative Grant Program, expired pursuant to its
664	own terms, effective July 1, 2009.
665	Section 18. Subsection (3) of section 403.890, Florida
666	Statutes, is repealed.
667	Reviser's note.-The cited subsection, which relates to
668	transfer of moneys in the Water Protection and
669	Sustainability Program Trust Fund to the Ecosystem
670	Management and Restoration Trust Fund for grants and
671	aids to local governments for water projects as
672	provided in the General Appropriations Act, for the
673	2008-2009 fiscal year only, expired pursuant to its
674	own terms, effective July 1, 2009.
675	Section 19. Paragraph (g) of subsection (1) of section
676	408.036, Florida Statutes, is repealed.
677	Reviser's note.-The cited paragraph, which requires
678	review of an increase in the number of beds for acute
679	care in a hospital that is located in a low-growth
680	county, was repealed pursuant to its own terms,
681	effective July 1, 2009.
682	Section 20. Subsection (6) of section 624.5105, Florida
683	Statutes, is repealed.
684	Reviser's note.-The cited subsection, which relates to
685	a cap on the community contribution tax credit amount
686	for projects providing homeownership opportunities for
687	low-income and very-low-income households for the
688	2008-2009 fiscal year, expired pursuant to its own
689	terms, effective June 30, 2009.
690	Section 21. Subsection (5) of section 733.702, Florida
691	Statutes, is repealed.
692	Reviser's note.-The cited subsection, which authorizes
693	the Department of Revenue to file a claim against the
694	estate of a decedent for taxes due under chapter 199
695	after the expiration of the time for filing claims
696	provided in subsection (1), if the department files
697	its claim within 30 days after the service of the
698	inventory, was repealed by s. 26, ch. 2006-312, Laws
699	of Florida, effective January 1, 2009. Since the
700	subsection was not repealed by a "current session" of
701	the Legislature, it may be omitted from the 2010
702	Florida Statutes only through a reviser's bill duly
703	enacted by the Legislature. See s. 11.242(5)(b) and
704	(i).
705	Section 22. Section 985.0395, Florida Statutes, is
706	repealed.
707	Reviser's note.-The cited section, which created the
708	cost of supervision and care waiver pilot program in
709	the Fourth and Eleventh Judicial Circuits, was
710	repealed pursuant to its own terms, effective October
711	1, 2009.
712	Section 23. This act shall take effect on the 60th day
713	after adjournment sine die of the session of the Legislature in
714	which enacted.

CODING: Words stricken are deletions; words underlined are additions.