Title: Digest of General Laws
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Permanent Link: http://ufdc.ufl.edu/WL00002876/00001
 Material Information
Title: Digest of General Laws
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Digest of General Laws
General Note: Box 11, Folder 7 ( Environmental Efficiency Study Commission - 1988 ), Item 5
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002876
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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DIGEST OF GENERAL LAWS


stances. Requires the department to adopt rules to ad-
minister this provision. Effective June 16, 1988.
Ch. 88-119 (&B. 1203) Amends or enacts numerous
widely varying provisions related to taxation. Revises
the maximum amount of the State Infrastructure Fund.
Exempts documents arising out of lease or lease-
purchase of educational facilities or sites from excise
taxes. Provides exceptions to the application of tax pay-
ments. Revises provisions specifying time periods for
determination and assessment of taxes, penalties, and
interest. Modifies certain authorized or mandated disclo-
sures by the Department of Revenue to certain county,
subcounty, or municipal governing bodies for tax pur-
poses. Requires keeping of books and preservation of
records by certain persons paying or administering
specified taxes. Modifies provisions with respect to
credit card payment oftaxes. Revises numerous provi-
sions under the Florida Income Tax Code, including de-
termination of tax applicable to specified taxpayers. Pro-
vides additional criteria for determining the location of
a local option sales transaction for purposes of the dis-
cretionary surtax. Revises and continues numerous ex-
emptions from public record requirements for specified
tax information and records, and subjects the exemp-
tions to review under the Regulatory Sunset Act. Permits
f provision of information to the Department of State by
the Department of Revenue relative to commencement
of business activities of a foreign corporation. Clarifies
language with regard to an exemption to application of
the documents excise tax for certain mutual funds. Au-
thorizes specified business firms and insurers to receive
certain annual tax credits. Revises requirements for
qualification of county governments for emergency dis-
tributions from the Local Government Half-cent Sales
Tax Clearing Trust Fund. Effective July 1, 1988, except
as otherwise provided.
Ch. 88-120 (H.B. 1408) Creates the Breeders' Crown
Meet for harness racing. Provides for issuance of a li-
cense to the selected operator of the meet, for an ex-
emption from taxes on the race handle and for an ex-
emption from certain purse requirements, and for tax
credits related to the race. Authorizes the attendance of
minors at the race under specific circumstances. Effec-
tive October 1, 1988.
Ch. 88-121 (C.S. for H.B. 1265) Creates the Wekiva
River Protection Act. Prescribes powers or duties of Or-
ange, Lake, and Seminole Counties; the Department of
Community Affairs; the Governor and Cabinet, sitting as
the Land and Water Adjudicatory Commission; the East
Central Florida Regional Planning Council; the Depart-
ment of Natural Resources; and the St. Johns River Wa-
ter Management District related to protection of the
Wekiva River. Subjects addressed include a require-
ment that certain local comprehensive plans, land devel-
opment regulations, and development permits meet
specified criteria relating to such protection; procedures
and time periods for compliance, procedures regarding
permits for developments of regional impact within the
area; reduction of certain standards applied to such de-
-1


velopments; and judicial review of district final action. Ef-
fective June 17, 1988.
Ch. 88-122 (C.. for HB.' 1574, 1422, 1430, 1438,
1439 and 1567) Amends, enacts, or repeals numerous
widely varying provisions relating to the Department of
Corrections and the incarceration and release of prison-
ers. Included among the subjects addressed are: budg-
et matters; inmate education, vocational training, and
health care; creation of the "Conditional Release Pro-
gram Act," the county residential probation program,
and the juvenile boot camp program; revises criteria for
the release of inmates and provides provisional credits
for certain inmates upon the Governor's acknowledg-
ment of specified prison overpopulation; and renames
the "Parole and Probation Commission' as the Parole
Commission" and amends numerous provisions to re-
flect such name change. Effective July 1, 1988, except
as otherwise provided.
Ch. 88-123 (C.S. ftr S. 594) Exempts charges for
chartering a boat or vessel solely for the purpose of fish-
ing from the sales tax. Effective July 1, 1988
Ch. 88-124 (H.. 70) Creates the Racing Quarter
Horse Advisory Council. The provisions relating to the
council are repealed on October 1, 1997, and must be
reviewed by the Legislature pursuant to the Sundown
Act. Prescribes membership, terms, meetings, and du-
ties of the council and provides recordkeepig require-
ments. Authorizes the adoption of rules relating to the
council by the Department of Agriculture and Consumer
Services. Repeals provisions relating to the Quarter
Horse Advisory Council. Effective October 1. 1988.
Ch. 88-125 (HJ. 79T) Repeals part V of ch. 348. Abol-
ishes the Palm Beach Expressway Authority, and pro-
vides for the transfer of all assets, debts, and liabilities
of that authority to any other entity which may take over
the projects, powers, and duties of the authority. Effec-
tive October 1, 1988.
Ch 88-126 (C.. ftr H.B. 838) Amends various provi-
sions relating to health insurance Modifies or redefines
certain terms, and provides legislative intent concerning
state group insurance programs and employee options.
Eliminates competitive bidding to contract with health
maintenance organizations, and authorizes the Depart-
ment of Administration to request proposals based upon
a premium and a minimum benefit package to service
members of the state group insurance program Estab-
lishes minimum benefit package and criteria to be used
in negotiating health maintenance organization con-
tracts. Upon request by the department, requires sub-
mission of certain data elements by health maintenance
organizations contracting with the state. Deletes re-
quirement that additional costs of membership in health
maintenance organization be borne by the member offi-
cer or employee. Provides for confidentiality of patient
records. Effective June 22, 1988.
Ch. 88-127 (CS. for HB. 1102) Prohibits the resale or
transfer after the initial sale of nontransferable multiday


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DIGEST OF GENERAL LAWS


State Medical Museum the "Museum of Medical History."
Effective 1988.
Ch. 88-242 (C.S. for 8.B. 522) Amends, enacts, or re-
peals widely varying provisions relating to water man-
agement districts. Included among the subjects ad-
dressed are: governing board of the Southwest Florida
Water Management District; delegation of certain per-
mitting authorities to local governments; authorization
for South Florida Water Management District to acquire
specified lands by eminent domain; water well regula-
tion; license and registration provisions for water well
contractors, drillers, and drilling equipment; statewide
clearinghouse for water management districts to access
certain information; rulemaking authority of the Depart-
Sment of Environmental Regulation; future Sundown re-
view and repeal; andabolishment of the Oklawaha River
Basin and the Greater St. Johns River Basin. Effective
July 5, 1988, except as otherwise provided.
Ch. 88-243 (C.S. for S.B. 854) Prescribes calculation
of the use tax on asphalt manufactured for a person's
own use. Exempts from the sales and use tax food or
drinks sold for 25 cents or less through coin-operated
vending machines sponsored by nonprofit or charitable
organizations. Includes certain nonprofit corporations
broadcasting television programs in the definition of "re-
lo ligious institutions" for sales tax exemption purposes.
Provides for relief from motor fuel or other fuel taxes in
prescribed circumstances. Authorizes specified coun-
ties to levy an additional 2-percent tourist development
tax. Effective July 5, 1988.
Ch. 88-244 (8,. 670) Prescribes third-degree felony
penalties for taking or interfering with custody of a child
or an incompetent person. Exempts certain spouses
from applicability of provision. Effective October 1, 1988.
Ch. 86-245 (C.S. for S.B. 925) Exempts specified
signs used for the sole purpose of providing direction to
a residence or farm operation from permit requirements.
Effective October 1, 1988.
Ch. 88-246 (S.B. 1139) Provides that affidavits sub-
milled with respect to parking ticket violations indicat-
ing that the owner of the vehicle was not the violator
shall be admissible under certain circumstances. Pro-
vides an exemption from expiration of registration provi-
sions for operators of leased vehicles. Effective October
1,1988.
Ch. 1-247 (C.S. for 8.B.1429) Amends or enacts pro-
visions relating to transportation right-of-way acquisi-
tion or bridge construction. Provides for distribution of
certain moneys in the State Transportation Trust Fund.
Authorizes issuance of state bonds for acquiring proper-
ty for state roads or for constructing bridges. Establish-
es the Right-of-Way Acquisition and Bridge Construc-
tion Trust Fund. Effective upon the effective date of an
amendment to the State Constitution to be submitted to
the electors for approval at the general election of No-
vember, 1988.


Ch. 88-248 (C.S. for H.B. 7) Creates, amends, or de-
letes provisions relating to criminal history records. Au-
thorizes denial of petitions for sealing or expunging such
records in the sole discretion of the court. Prohibits ex-
punction under specified circumstances. Requires that
the Department of Law Enforcement and the state attor-
ney take certain action regarding improper sealing or ex-
punction. Prohibits and provides penalties for disclosure
of sealed or expunged records, with specified excep-
tions. Adds circumstances under which a person may
not deny events covered by his sealed or expunged rec-
ords. Directs the clerk of the court tofumish certain rec-
ords to United States Immigration Officers upon re-
quest. Effective June 5, 1988, except as otherwise pro-
vided.
Ch. 88-249 (H.B. 26) Reenacts provisions authorizing
liens upon personal property. Establishes liens in favor
of veterinarians for unpaid fees for professional services
rendered. Effective October 1, 1988.

Ch. 88-250 (.B. 32) Reduces the age required for an
insured to receive a reduction in motor vehicle insurance
premiums after passing a motor vehicle accident pre-
vention course. Effective January 1, 1989.
Ch. 88-251 (H.B. 34) Revises penalty provisions relat-
ing to escrow accounts for buyers of residential dwelling
units. Provides for prima facie evidence of a violation. Ef-
fective October 1, 1988.
Ch. 88-252 (C.S. for HB. 40) Exempts state military
personnel on official business and handicapped per-
sons from payment of tolls on bridges, ferries, and toll
facilities. Repeals exemption of militia and clergymen
from tolls. Effective July 5, 1988.
Ch. 98-253 (H.B. 79) Amends or enacts various provi-
sions relating to state uniform traffic control. Authorizes
operation of golf carts within any self-contained retire-
ment community, and permits the Department of Trans-
portation, a county, or a municipality to prohibit such op-
eration in certain circumstances. Permits use of a golf
cart to cross roads or highways under certain circum-
stances; provides for approval of crossing locations by
the Department of Transportation or local governments
and for installation of required traffic controls. Pemits
operation of golf carts and electrical vehicles in mobile
home parks under certain circumstances. Authorizes
delegation of authority to issue certain uniform traffic ci-
tations to district school board personnel under certain
circumstances. Modifies a provision concerning odome-
ter readings on motor vehicle registrations Effective Oc-
tober 1, 1988.
Ch. 88-254 (H.B. 91) Creates the Uniform Trade Se-
crets Act. Authorizes the enjoining of misappropriation
of trade secrets and provides for damages and award
of attorney's fees. Requires preservation of secrecy of
trade secrets by courts. Creates a statute of limitations
for misappropriation of trade secrets. Specifies the ef-
fect of the act on other laws and prescribes uniformity
of application and construction. Effective October 1,
1988.


DIES OFGNEA lW




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DIGEST OF GENERAL LAWS


berculosis, and provides an exemption from public rec-
ord requirements subject to the Regulatory Sunset Act
for information resulting from tuberculosis contact inves-
tigations, Provides an exemption from civil liability for
persons who report suspected cases of tuberculosis.
Requires protection of the names of persons subject to
specified court proceedings. Creates provisions autho-
rizing examination and treatment of tuberculosis cases,
including proceedings for involuntary treatment, orders
for hospitalization or other placement, and issuance of
emergency hold orders. Specifies duties of sheriffs with
respect to service of notice and processes relating to
proceedings in tuberculosis cases. Provides for rights to
appeal and petition for immediate release, for communi-
ty tuberculosis control programs, and for hospitalization
and residential placement programs. Requires estab-
lishment of treatment plans for infected persons, and
prescribes penalties for failure to comply. Creates an ex-
emption from public record requirements for all informa-
tion and records relating to tuberculosis cases or expo-
sure Release of confidential information is authorized
under specified circumstances. Establishes fees and
provides for appropriations and for hospital interest,
sinking, and maintenance trust funds Effective July 6,
1988.
Ch. 8-390 (H.B. 1606) Amends various provisions re-
lating to insurance. Revises the required contents of an
annual report by the Department of Insurance. Provides
for adoption of an underwriting plan to apportion risk
among insurers authorized to write property or casualty
insurance. Revises definition of "commercial property in-
surance." Deletes supplemental finding for risk manage-
ment plans through excess profits, and prohibits excess
profits for commercial property and commercial casualty
insurance. Modifies language concerning property and
casualty insurance risk apportionment. Revises ele-
ments of the market assistance plan and rate require-
ments. Revises provisions relating to the governing
board for the market assistance plan and authorizes ap-
pointment of an executive committee. Effective October
1, 1988.

Ch. 88-391 (IB. 1623) Amends or enacts various pro-
visions relating to child care. Revises membership of ad-
visory council on child care. Defines "child care facility"
and "substantial compliance." Provides standards for
certain child care programs in public and nonpublic
schools. Prescribes duties of the State Board of Educa-
tion. Department of Education, Department of Health
and Rehabilitative Services, and local licensing agen-
cies. Provides for enforcement, penalties, and an in-
spection fee Prescribes establishment of intergenera-
tional child care programs through the Department of
Health and Rehabilitative Services. Defines terms, es-
tablishes duties of the department, provides criteria for
funding, and requires annual reports. Part of this act is
repealed July 1, 1991. Effective October 1, 1988, except
that specified provisions take effect July 1, 1988.
Ch. i8-392 (H.B. 1626) Amends or enacts numerous
widely varying provisions relating to professions and oc-
cupations Included among the subjects addressed are:


discovery of licensing examination questions, boards
within the Department of Professional Regulation, news-
letters; past board member limited liability, podiatric
technicians; certification of Cuban quiropedistas. copies
of patient records, disposition of practitioners' records;
Impaired Practitioners Committee membership; Board
of Medicine, licensure by endorsement; practice under
a medical faculty certificate; registration of clinic or
teaching hospital sites, license renewal; continuing chi-
ropractic education courses; advanced or specialized
nursing practice: handwriting samples, release of medi-
cal records, and admissibiUty of reports in certain inves-
tigations concerning dentists; impaired dental practi-
tioners; disciplinary violations; financial responsibility.
land surveyors licensure examination eligibility require-
ments; impaired veterinarians; Florida Real Estate Com-
mission hardship rules; barbers and cosmetologists; ell-
gibility requirements and licensing for cynical social
workers, social workers, and marriage and family thera-
pists; membership of the Board of Professional Geolo-
gists and laws governing geologists; and duties and im-
munity for certain actions of medical review committees
of corporations and professional service corporations.
Effective October 1, 1988, except as otherwise provid-
ed
C. 8-393 (H.B. 1671) Amends, enacts, redesig-
nates, and repeals numerous widely varying provisions
relating to pollution control. Included among the sub-
jects addressed are-revised definitions for purposes of
excise taxes; tax rates and conditions for water quality:
tax credits; deletion of exemptions for certain pesti-
cides; expenditures for water supply systems or filters;
rules regulating water wells; potable water well contami-
nation prevention; areas of groundwater contamination
testing, standards, permitting, and fees relating to regu-
lation of wells; waste reduction and elimination assist-
ance program; amnesty days for purging small quanti-
ties of hazardous waste; local hazardous waste collec-
tion program and statewide management plan. grant
program for local governments; Water Quality Assur-
ance Trust Fund Study Commission; Pollution Recovery
Fund source and expenditure of funds, environmental
permit schedule of fees; multiple air pollution sources
single application and fee; weather modification license
application fee; hazardous waste facility permit fee. cre-
ation of new divisions in the Department of Environmen-
tal Regulation: prompt notification concerning the re-
lease of certain contaminants; and implementation of
state National Pollutant Discharge Elimination System
program. Creates the Wekiva River Protection Act
ifies duties of Orange, Lake, and Seminole Coun-
the Department of Community Affairs, and the Land
Water Adjudicatory Commission. Establishes and
ovides responsibilities of the St. Johns River Water
agement District. Requires a study of water quality
of the St Marks River to be performed by the Depart-
ment of Natural Resources. Effective July 6, 1988, ex-
cept certain provisions are effective October 1, 1988.
88-394 (C.S. for H.B. 1673) Creates ch. 407 relat-
ing to health care cost containment. Amends, renum-
bers, or repeals numerous provisions relating to health
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