1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 838.014

History.-<~. I, cb. 72-314; s. 56, cb. 74-383. •Note.-Subsection (I), as amended, takes effect July I, 1975.

837.03 Subornation of perjury.-[Reraled by 66, ch. 74-383, effective July 1, 1975.

. 837.04 Inciting to commit perjury.-[Repealed s. 66, ch. 74-383, effective July 1, 1975.]

*837.05 False reports to law enforcement au­th4[)rf1tiel;;.--\\l'hc.ever knowingly gives false infor­............. to any law enforcement officer concern­

the alleged commission of any crime i~ guilty a misdemeanor of the first degree, purushable

as provided in chapter 775. Hiltoo'y.--6. 57, cb. 74-383. •Note.~ve July I, 1975.

*837.06 False official statements.-\\l'hoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in chapter 775.

Hiltoo'y.--6. 58, cb. 74-383. •Note.-Etfective July I, 1975.

838.08

CHAPTER 838

BRIBERY

Bribery of executive, legislative or judi-cial officer, etc. (Repealed)

Bribery. (Repealed) Accepting bribe. (Repealed) Penalty. (Repealed) Definitions. (New) Bribery. (New) Unlawful compensation or reward for

past official behavior. (New) Officer accepting bribe. (Repealed) Corruption by threat against public

servant. (New) Bribery of court officers, jurors, etc.

(Repealed) Official misconduct. (New) Such officer accepting bribe. (Re­

pealed) Misuse of confidential information.

(New) Sheriffs, etc., accepting bribe. (Re­

pealed) Unlawful for officers to accept unau­

thorized compensation for perfor­mance or nonperformance of duty. (Repealed)

Penalty for violation of s. 838.06. (Re­pealed)

Unlawful to offer to public officer re­ward or compensation not authorized by law. (Repealed)

Person giving reward not privileged from testifying. (Repealed)

838.09

838.10

Bribery of attache, or employee of the legislature. (Repealed)

Bribery of candidate for elective public office. (Repealed)

838.01 Bribery of executive, legislative or ju­dicial officer, etc.-{Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.0ll Bribery.-£Reeealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.012 Accepting bribe.-{Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.013 Penalty.-£Reeealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.014 Definitions.-For the purposes of this chapter, unless a different meaning plainly is re­quired:

(1) "Benefit" means gain or advantage, or an­ything regarded by the. pe~n to be be~efited as a gain or advantage, mcluding the domg of an act beneficial to any person in whose welfare he is interested.

(2) "Pecuniary benefit" is benefit in the form of any commission, gift, gratuity! property, con;t­mercial interest, or any other thirig of econonuc value.

(3) "Harm" means loss, disadvantage, or in­jury to the person affected, including loss, disad­vantage, or injury to any other person in whose welfare he is interested.

(4) "Public servant" means any public officer, agent, or employee !Jf g~vernment, w~e~er elected or appointed, . mcl~ding, ~ut. ~ot limited to any executive legislative, or JUdiCial officer; ~Y person who holds an office or position in a political party or political party committee, whether elected or appointed; and ~Y perso~ participating ~s a special_master, receiver, audi­tor, juror, arbitrator, umprre, refe~, consultant, or hearing examiner, or person acting on behalf of any of these, in performing a g!lvernment;ai function· but · the term does not mclude Wit­nesses. Such term shall include a candidate ~or election or appointment to any such _office, m­cluding any individual who seeks or mtends to occupy any such office. It shall inc!ude any per­son appointed to any of the foregom~ offices or employments before and after he qualifies.

(5) "Government" includes the state govern­ment and any city or county government or any branch political subdivision, or agency of the state, c'ounty, or city government.

(6) "Corruptly" means done wi~. a wrongful intent and for the purpose of obtaiJ}illg or com­pensating or receiving compensatio~ ~or any benefit resulting from some act or onussi~n of a public servant which is inconsistent With the proper performance of his public duties.

Hiltoo'y.--6. 59, cb. 74-383.

751

s. 838.015 1974 SUPPLEMENT TO FWRIDA STATUTES 1973

*838.015 Bribery.-(!) "Bribery" means corruptly to give, offer,

or promise to any public servant, or, if a public servant, corruptly to request, solicit, accept, or agree to accept for himself or another, any pecu­niary or other benefit with an intent or purpose to influence the performance of any act or omis­sion which the person believes to be, or the pub­lic servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty.

(2) Prosecution under this section shall not require any allegation or proof that the public servant ultimately sought to be unlawfully influ­enced was qualified to act in the desired way, that he had assumed office, that the matter was properly pending before him or might by law properly be brought before him, that he pos­sessed jurisdiction over the matter, or that his official action was necessary to achieve the per­son's purpose.

(3) Any person who commits bribery is guilty of a felony in the third degree, punishable as pro­vided in chapter 775.

Hlltary ......... 60, ch. 74-383. •Not&-Etfective July I, 1975.

*838.016 UnJawful compensation or reward for past official bebavior.-

(1) It is unlawful for any person corruptly to give, offer, or promise to any public servant •. ~r, if a public servant, corruptly to request,. solic1t, accept, or agree to accept, any pecuruary or other benefit not authorized by law, for the past performance of any act or omission which the person believes to have been, or the public serv­ant represents as having been, either within the official discretion of the public servant, in viola­tion of a public duty, or in performance of a pub­lic duty. Nothing herein shall be construed to preclude a public servant from accepting re­wards for services performed in apprehending any criminal.

(2) It is unlawful for any person corruptly to give, offer, or promise to any public servant, or, if a public servant, corruptly to request, . solicit, accept, or agree to accept, any pecuruary or other benefit not authorized by law for the past exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been, or which is represented to him as having been, either within the official discretion of the other public servant, in violation of a public duty, or in per­formance of a public duty.

(3) Prosecution under this section shall not require that the exercise of influence or official discretion, or violation of a public duty or perfor­mance of a public duty, for which a pecuniary or other benefit was given, offered, promised, re­quested, or solicited was accomplished or was within ·the influence, official discretion, or public duty of the public servant whose action or omis­sion was sought to be rewarded or compensated.

(4) Whoever violates the provisions of this section shall be guilty of a felony of the third de-

gree, punishable as provided in chapter 775. H!Rory.-<1. 60, ch. 7+383. •Not&-Eifectlve July I, 1975.

838.02 Officer accepting bribe.-{Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

*838.021 Corruption by tbreat apiDst public servant._;_

**(1) Whoever unlawfully harms or threatens unlaWful harm to any public servant, to his im­mediate family, or to any other person with whose welfare he is interested, with the intent or purpose:

(a) To influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of the public servant, in viola­tion of a public duty, or in performance of a pub­lic duty.

(b) To cause or induce him to use or exert, or procure the use or exertion of, any influence upon or with any other public servant regarding any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of the public serv­ant, in violation of a public duty, or in perfor­mance of a public duty.

(2) Prosecution under this section shall not require any allegation or proof that the public servant ultimately sought to be unlawfully influ­enced was qualified to act in the desired way, that he had assumed office, that the matter was properly pending before him or might by law properly be brought before him, that he pos­sessed jurisdiction over the matter, or that his official action was necessary to achieve the per­son's purpose.

(3)(a) Whoever unlawfully harms any public servant or any other person with whose welfare he is interested shall be guilty of a felony of the second degree, punishable as provided in chapter 775.

(b) Whoever threatens unlawful harm to any public servant or to any other person with whose welfare he is interested shall be guilty of a felony of the third degree, punishable as provided in chapter 775.

H!Rory.-<1. 61, ch. 74-383. •Not&-Eifectlve July I, 1975. ••Not&-Thls subsection Ia published as eaac:ted ID a. 61, ch. 7+

383.

838.03 Bribery of court officers, jurors, $. -[Repe~ed by s. 66, ch. 74-383 effective July 1, 1975.]

*838.031 Official misconduct.-(!) "Official misconduct" means the commis­

sion of one of the following acts by a public serv­ant, with corrupt intent to obtain a benefit for himself or another or to cause unlawful harm to another:

(a) Knowingly refraining, or causing another to refrain, from performing a duty imposed upon him by law; or

(b) Knowingly falsifying, or causing another to falsify, any official record or official docu-

752

1974 SUPPLEMENT TO FWRIDA STATUTES 1973 s. 849.06

or (c) Knowingly violating, or causing another violate, any statute or lawfully adopted regu­

or rule relating to his office. "Corrupt" means done with knowledge

act is wrongful and with improper motives. (3) Official misconduct under this section is a

felony of the third degree, punishable as pro­vided in chapter 775.

Hlltory.-s. 62, ch. 74-383. •Note.-Effectlve July I, 1975.

838.04 Such officer accepting bribe.-{Re­pealed by s. 66, ch. 74-383 effective July 1, 1975.]

*838.041 Misuse of confidential Information. -Any public servant who, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his offi­cial capacity and which has not been made pub­lic, commits any of the following acts:

(1) Acquisition of a pecuniary interest in any property, transaction, or enterprise or gaining of any pecuniary or other benefit which may be af­fected by such information or official action;

(2) Speculation or wagering on the basis of such information or action; or

(3) Aiding another to do any of the foregoing,

shall be guilty of a misdemeanor of the first de­gree, punishable as provided in chapter 775.

Hlltory.-s. 63, ch. 74-383. •Note.-Eifectlve July I, 1975.

838.05 Sheriffs, etc., accepting bribe.-{Re­pealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.06 Unlawful for officers to accept unau­thorized compensation for performance or non­performance of duty.-{Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.07 Penalty for violation of s. 838.06. -[Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.071 Unlawful to offer to public officer re­ward or compensation not authorized by law. -[Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.08 Person giving reward not privlleged from testifying.-{Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

838.09 Bribery of attache, or employee of the legislature.-{Repealed by s. 66, ch. 74-383 effec­tive July 1, 1975.]

838.10 Bribery of candidate for elective public office.-[Repealed by s. 66, ch. 74-383 effective July 1, 1975.]

CHAPTER839

OFFENSES BY AUCTIONEERS, PUBUC OFFICERS AND EMPLOYEES

839.221 Governmental officers and employees; prohibited participation in strikes or membership in organizations that as­sert right to strike against govern­ment employer. (Repealed)

839.221 Governmental officers and employ­ees; prohibited partldpation in strikes or membe~f.J:, in org8nizatlons that assert right to strike st government employer.-[Repealed by s. 7, c . 74-100, effective January 1, 1975.]

849.06

849.231

849.27

849.28

849.36

CHAPTER849

GAMBUNG

Regulation of age of persons freQuent­ing or visiting places where bllliards are played.

Gambling devices; manufacture, sale, purchase or possession unlawful.

Suits to recover payment on gambling contracts for loser's. benefit; state's share. (Repealed)

Loser's failure to institute recovery suit; institution by wife, child, parent, etc. (Repealed)

Seizure and forfeiture of property used in the violation of lottery and gam­bling statutes.

849.06 Regulation of age of persons frequent· ing or visiting places where biUiards are play­ed.-

*(1) It is unlawful for any person, his servant or employee to permit anyone under the age of 21 years to visit or frequent or play in any billi­ard parlor in the state; provided, however, this shall not apply to any person on active duty in the Armed Services of the United States, or who has a written permit or card signed and notar­ized by his parent or guardian and filed in the es­tablishment to which the permit or card is given by the parent or guardian of the minor involved, or a married minor, or when accompanied by parent or guardian. The said permit card shall be valid only in the establishment to which it is is­sued, and such permit card may be revoked at any time by the parent or guardian, or by the op­erator of said billiard parlor by returning the card to the parent or guardian, or by any law en­forcement officer upon conviction of the party or parties of a crime. No written permit shall be valid in any establishment which sells or permits consumption on its premises of intoxicating or alcholic beverages.

753

s. 849.06 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

(2) Persons playing billiards in bona fide bowling establishments and persons frequenting such establishments are exempt from the provi­sions contained in subsection (1). For the pur­poses of this section a "bona fide bowling estab­lishment" shall be one consisting of 12 lanes or more.

(3) The Division of Beverage of the Depart­ment of Business Regulation shall be responsible for developing and issuing the parental approval permit prescribed in subsection (1).

(4) Violation of this law shall be a misde­meanor of the first degree, punishable as pro­vided in s. 775.082 or s. 775.083.

Hlltory.-s. I , ch. 6489, 1913; RGS 5504; CGL 7662; ss. I , 2, ch. 63-303; s. 1061, ch. 71-136; s. I, ch. 74-97.

*Note.-Ch. 73-21, Laws of Florida, removed the disability of n~

~~or_cfirsoo:"~::.,~ :0~~~ and older. s. 7<43.07 Rights, privileges and obligations of persons 18 years

of age or older.

*849.231 Gambling devices; manufacture, sale, purchase or possession unlawful.-

(1) Except in instances when the following described implements or apparatus are being held or transported by authorized persons for the purpose of destruction, as hereinafter provided, and except in instances when the following de­scribed instruments or apparatus are being held, sold, transported, or manufactured by persons who have registered with the United States Gov­ernment pursuant to the provisions of Title 15 of the United States Code, sections 1171 et seq., as amended, so long as the described implements or apparatus are not displayed to the general pub­lic, sold for use in Florida, or held or manufac­tured in contravention of the requirements of 15 U.S.C. ss. 1171 et seq., it shall be unlawful for any person to manufacture, sell, transport, offer for sale, purchase, own, or have in his possession any roulette wheel or table, faro layout, crap ta­ble or layout, chemin de fer table or layout, chuck-a-luck wheel, bird cage such as used for gambling, bolita balls, chips with house mark­ings, or any other device, implement, apparatus, or paraphernalia ordinarily or commonly used or designed to be used in the operation of gambling houses or establishments, excepting ordinary dice and playing cards.

(2) In addition to any other penalties pro­vided for the violation of this section, any occu­pational license held by a person found guilty of violating this section shall be **[suspended] for a period not to exceed 5 years.

Hlstory.-s. I, ch. 29665, 1955; s. 9, ch. 74-385. *Note.-This section, as amended, takes effect October I , 1974. ••Note.-Bracketed word substituted by the editors for the

word"revoked."

849.27 Suits to recover payment on gambling contracts for loser's benefit; state's share.-[Re­pealed by s. 26, ch. 74-382, effective January 1, 1975.]

849.28 Loser's failure to institute recovery suit; institution by wife, child, parent, etc.-[Re­pealed by s. 26, ch. 74-382, effective January 1, 1975.]

849.36 Seizure and forfeiture of property used in the violation of lottery and gambling stat­utes.-

*(1) Every vessel or vehicle used for, or in connection with, the removal, transportation, storage, deposit or concealment of any tickets, or used in connection with any lottery or game in violation of the statutes and laws of this state, shall be subject to seizure and forfeiture, as provided by the Florida Uniform Contraband Transportation Act.

(2) All gambling paraphernalia and lottery tickets as herein defined used in connection with a lottery, gambling, unlawful game of chance or hazard, in violation of the statutes and laws of this state, found by an officer in searching a ves­sel or vehicle used in the violation of the gam­bling laws shall be safely kept so long as it is necessary for the purpose of being used as evi­dence in any case, and as soon as may be after­wards, shall be destroyed by order of the court before whom the case is brought or certified to any other court having jurisdiction, either state or federal.

(3) The presence of any lottery ticket in any vessel or vehicle owned or being operated by any person charged with a violation of the gambling laws of the state, shall be prima facie evidence that such vessel or vehicle was or is being used in connection with a violation of the lottery and gambling statutes and laws of this state and as a means of removing, transporting, depositing or concealing lottery tickets and shall be sufficient evidence for the seizure of such vessel or vehicle.

(4) The presence of lottery tickets in any room or place, including vessels and vehicles, shall be prima facie evidence that such room, place, vessel or vehicle, and all apparatus, imple­ments, machines, contrivances or devices therein, (herein referred to as "gambling para­phernalia") capable of being used in connection with a violation of the lottery and gambling stat­utes and laws of this state and shall be sufficient evidence for the seizure of such gambling para­phernalia.

(5) It shall be the duty of every peace officer in this state finding any vessel, vehicle or para­phernalia being used in violation of the statutes and laws of this state as aforesaid to seize and take possession of such property for disposition as hereinafter provided. It shall also be the duty of every peace officer finding any such property being so used, in connection with any lawful search made by him, to seize and take posses­sion of the same for disposition as hereinafter provided.

Hlstory.-s. 2, cb. 29712, 1955; s. I, ch. 57-236; s. 8, ch. 74-385.

•Note.-Subsection (I), as amended, takes effect October I, 1974.

754

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 876.35

CHAPTER 851

BUCKET SHOPS

"Bucket shop" defined; purpose of chap­ter. (Repealed)

Penalty for maintaining bucket shop. (Repealed)

Displaying, etc., quotations of prices; penalty. (Repealed)

Statement as to proposed purchase. (Re­pealed)

851.0 1 "Bucket shop" defined; purpose of clullptt~r .• -{Repealed by s. 66, ch. 74-383 effective

1, 1975.]

851.04 Statement as to proposed purchase. -[Repealed by s.66, ch. 74-383 effective July 1, 1975.]

CHAPTER 861

OFFENSES CONCERNING PUBLIC ROADS AND NAVIGABLE WATERS

861.065 Divers; definitions; divers-down flag re­quired; penalty. (New)

861.065 Divers; definitions; divers-down flag required; penalty.-

( 1) "Diver" means any person who is wholly or partially submerged in the waters of the state and is equipped with a face mask and snorkel or "underwater breathing apparatus."

(2) "Underwater breathing apparatus" shall mean any apparatus, whether self-contained or connected to a distant source of air or other gas, whereby a person wholly or partially submerged in water is enabled to obtain or reuse air or any other gas or gases for breathing without return­ing to the surface of the water.

(3) "Divers-down flag" shall mean a flag that is either square or rectangular, to approximately 4 units high by 5 units long, with a 1-unit diago­nal stripe. The divers-down flag shall have a white diagonal stripe on a red background. The stripe shall begin at the top staff-side of the flag and extend diagonally to the opposite lower cor­ner. The flag shall be free-flying and shall be lowered when all divers are aboard or ashore. The minimum size shall be 12 by 12 inches.

(4) All divers shall prominently display a div­ers-down flag in the area in which the diving oc-

curs, other than when diving in an area custom­arily used for swimming only.

(5) Any violation of this section shall be a misdemeanor of the second degree *[punishable] as provided by s. 775.082 or s. 775.083.

Hlstory.--<1s. 1·3, ch. 74-344; s. 64, ch. 74-383. •Note.-Bracketed word inserted by editors as apparently inadvert·

ently omitted in enactment of ch. 74-344.

CHAPTER 876

CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER

876.32 876.33 876.34

876.35

876.36 876.37 876.38

876.39

876.40 876.41 876.42 876.43

876.44

876.45

876.46

876.47 876.48 876.49 876.50 876.51 876.52

Treason. (Transferred) Misprision of treason. (Transferred) Combination to usurp government.

(Transferred) Combination against part of the people

of the state. (Transferred) Inciting insurrection. (Transferred) Definitions. (Transferred) Intentional injury to or interference with

property. (Transferred) Intentionally defective workmanship.

(Transferred) Attempts. (Transferred) Conspirators. (Transferred) Witnesses' privileges. (Transferred) Unlawful entry on property. (Trans-

ferred) Questioning and detaining suspected

persons. (Transferred) Closing and restricting use of highway.

(Transferred) Penalty for going upon closed or re-

stricted highway. (Transferred) Rights of labor. (Transferred) Relation to other statutes. (Transferred) Construction. (Transferred) Effective period of law. (Transferred) Short title. (Transferred) Public mutilation of flag. (Transferred)

876.32 Treason.-[Transferred from s. 779.01 by s. 65, ch. 74-383, effective July 1, 1975. Sees. 779.01, 1973 F.S., for text.]

876.33 Misprision of treason.-rrransferred from s. 779.02 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.02, 1973 F.S., for text.]

876.34 Combination to usurp government.­[Transferred from s. 779.03 by s.65, ch. 74-383, effective July 1, 1975. See s. 779.03, 1973 F.S., for text.]

876.35 Combination against part of the people of the state.-[Transferred from s. 779.04 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.04, 1973 F.S., for text.]

755

s. 876.36 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

876.36 Inciting insurrection.-rrransferred 876.51 Short titie.-rrransferred from s. from s. 779.05 by s. 65, ch. 74-383, effective July by s. 65, ch. 74-383, effective July 1, 1975. See 1, 1975. See s. 779.05, 1973 F.S., for text.] 779.20, 1973 F.S., for text.]

876.37 Definitions.-[Transferred from s. 779. 06 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.06, 1973 F.S., for text.]

876.38 Intentional injury to or interference with property.-[Transferred from s. 779.07 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.-07, 1973 F.S., for text.]

876.39 Intentionally defective workmanship. -[Transferred from s. 779.08 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.08, 1973 F.S., for text.]

876.40 Attempts.-[Transferred from s. 779.09 by s. 65, ch. 74-383, effective July 1, 1975. Sees. 779.09, 1973 F.S., for text.]

876.41 Conspirators.-rrransferred from s. 779.-10 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.10, 1973 F.S., for text.]

876.42 Witnesses' privileges.-rrransferred from s. 779.11 by s. 65, ch. 74-383, effective July 1, 1975. Sees. 779.11, 1973 F.S., for text.]

876.43 Unlawful entry on property.-[Trans­ferred from s. 779.12 by s. 65, ch. 74-383, effec­tive July 1, 1975. See s. 779.12, 1973 F.S., for text.]

876.44 Questioning and detainin2 suspected persons.-rrransferred from s. 779.13 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.13, 1973 F.S., for text.]

876.45 aosing and restricting use of highway. -[Transferred from s. 779.14 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.14, 1973 F.S., for text.]

876.46 Penalty for going upon closed or re­stricted highway.-[Transferred from s. 779.15 by s. 65, ch. 74-383, effective July 1, 1975. See s. 779.15, 1973 F.S., for text.]

876.47 Ri2bts of labor.-[Transferred from s. 779.16 by s. 65, ch. 74-383, effective July 1, 1975. Sees. 779.16, 1973 F.S., for text.]

876.48 Relation to other statutes.-[Trans­ferred from s. 779.17 by s. 65, ch. 74-383, effec­tive July 1, 1975. See s. 779.17, 1973 F.S., for text.]

876.49 Construction.-[Transferred from s. 779.18 by s. 65, ch. 74-383, effective July 1, 1975. Sees. 779.18, 1973 F.S., for text.]

876.50 Effective period of law.-rrransferred from s. 779.19 by s. 65, ch. 74-383, effective July 1, 1975. Sees. 779.19, 1973 F.S., for text.]

876.52 Public mutilation of from s. 779.21 by s. 65, ch. 1, 1975. Sees. 779.21, 1973 F.S., for text.]

CHAPTER893

FLORIDA COMPREHENSIVE DRUG ABUSE PREVENTION AND CONTROL ACT

893.12 Contraband; seizure, forfeiture and of vessel, vehicle, or aircraft we,gauty used.

*893.12 Contraband; seizure, forfeiture sale of vessel, vebicle, or aircraft illegally UMu.--

(1) All substances controlled by this ch~tptt~r which may be handled, delivered, po!;se:ssed, distributed contrary to any provisions of chapter and all such controlled substances lawful possession of which is not established the title to which cannot be ascertained are clared to be contraband, shall be subject to zure and confiscation by any person whose it is to enforce the provisions of the chapter, shall be disposed of as follows:

(a) Except as in this section otherwise pro­vided, the court having jurisdiction shall order such controlled substances forfeited and de­stroyed. A record of the place where said con­trolled substances were seized, of the kinds and quantities of controlled substances destroyed, and of the time, place, and manner of destruction shall be kept, and a return under oath r<~>l1onrtino said destruction shall be made to the court magistrate and to the United States Bureau Narcotics and Dangerous Drugs by the officer who destroys them.

(b) Upon written application by the Division of Health, the court by whom the forfeiture of such controlled substances has been decreed may order the delivery of any of them to said di­vision for distribution or destruction as herein­after provided.

(c) Upon application by any hospital or labo­ratory within the state not operated for private gain, the Division of Health may, in its discre­tion, deliver any controlled substances that have come into its custody by authority of this section to the applicant for medical use. The division may from time to time deliver excess stocks of such controlled substances to the United States Bureau of Narcotics and Dangerous Drugs or de­stroy same.

(d) The Division of Health shall keep a full and complete record of all controlled substances received and of all controlled substances dis­posed of, showing:

756

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 901.34

1. The exact kinds, quantities, and forms of such controlled substances;

2. The persons from whom received and to whom delivered;

3. By whose authority received, delivered, destroyed; and

4. The dates of the receipt, disposal, or de­struction,

which record shall be open to inspection by all persons charged with the enforcement of federal and state drug abu~ laws.

(2) Any vessel, vehicle, or aircraft which has been or is being used in violation of any provi­sion of this chapter or in, upon, or by means of which any violation of this chapter has taken or is taking place may be seized and forfeited as provided by the Florida Uniform Contraband Transportation Act.

(3) Any law enforcement agency is empow­ered to authorize or designate officers, agents, or other persons to carry out the seizure provisions of this section. It shall be the duty of any officer, agent, or other person so authorized or desig­nated, or authorized by law, whenever he shall discover any vessel, vehicle, or aircraft which has been or is being used in violation of any of the provisions of this chapter, or in, upon, or by means of which any violation of this chapter has taken or is taking place, to seize such vessel, ve­hicle, or aircraft and place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforce­ment agency pursuant to these provisions.

(4) The rights of any bona fide holder of a duly recorded mortgage or duly recorded vendor's privilege on the property seized under this chapter shall not be affected by the seizure.

Hlllt«y.-. 12, ch. 73-331; ss. 10, 11, ch. 74-385. •Note.-Section as amended effective October I, 1974.

CHAPTER 901

ARRESTS

901.215 Search of person arrested for identify­ing device indicating a medical dis­ability. (New)

901.33 Arrest records; expunging; exceptions. (New)

901.34 Shoplifting; penalties; prima facie evi­dence of concealment; detention and arrest; exemption from false arrest. (Transferred)

901.215 Search of person arrested for identi­fying device indicating a medical disability.-Ev­ely faw enforcement officer, sheriff, deputy sher­iff, or other arresting officer shall, when arresting any person who appears to be inebri­ated, intoxicated, or not in control of his physical functions, examine such person to ascertain

whether or not the person is wearing a medic­alert bracelet or necklace or has upon his person some other visible identifying device which would specifically delineate a medical disability which would account for the actions of such per­son. Any arresting officer who does, in fact, dis­cover such identifying device upon such person shall take immediate steps to aid the afflicted person in receiving medication or other treat­ment for his disability.

Hlstory.--6. I, ch. 74-25.

*90 1.33 Arrest records; expunging; excep­tions.-lf a person who has never previously been convicted of a criminal offense or municipal ordinance violation is charged with a violation of a municipal ordinance or a felony or misde­meanor, but is acquitted or released without be­ing adjudicated guilty, he may file a motion with the court wherein the charge was brought to ex­punge the record of arrest from the official re­cords of the arresting authority. Notice of such motion shall be served upon the prosecuting au­thority charged with the duty of prosecuting the offense and upon the arresting authority. The court shall issue an order to expunge all official records relating to such arrest, indictment or in­formation, trial, and dismissal or discharge. However, the court shall require that nonfublic records be retained by the Department o Law Enforcement and be made available by said de­partment only to law enforcement agencies in the event of a future investigation of said person relative to a pending charge, indictment, or infor­mation against or upon said person for an . act which, if committed, would be an offense similar in nature to the offense for which said person had been charged and not found guilty. The court shall not enter an order expunging the re­cords as above provided when there are several acts, or said person has been charged with sev­eral offenses originating out of or related to the offense or offenses for which such person had been charged and not found guilty, and when the charge and adjudication of nonguilt did not in­clude all such charges or all such several acts. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indict­ment or information. No person as to whom such order has been entered shall be held thereafter under any provision of Florida law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest in response to any nonjudicial in­quiry made of him for any purpose.

Hlstory.--6. I, ch. 74-206. •Note.-Section extensively edited in the interest of clarity.

d.-. 30.31 Fingerprinting persons charged with crime.

901.34 Shoplifting; penalties; prima facie evi­dence of concealment; detention and arrest; ex­emption from false arrest--[fransferred from s. 811.022 by s. 65, ch. 74-383, effective July 1, 1975. See s. 811.022, 1973 F.S., for text.]

757

s. 905.17 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

CHAPTER905

GRAND JURY

905.17 Who may be present during session of grand jury.

905.19 Duty of state attorney. 905.36 Duty of state attorney or other legal ad­

visor; presentation of evidence.

905.17 Who may be present during session of grand jury.-

(1) No person shall be present at the sessions of the grand jury except the witness under exam­ination, the state attorney and his assistant state attorneys, designated assistants as provided for in s. 27.18, the court reporter or stenographer, and the interpreter. The stenographic records, notes, and transcriptions made by the court re­porter or stenographer shall be filed with the clerk who shall keep them in a sealed container not subject to public inspection. The notes, re­cords, and transcriptions shall be released by the clerk only on request by a grand jury for use by the grand jury or on order of the court pursuant to s. 905.27.

(2) No person shall be present while the grand jurors are deliberating or voting.

(3) An intentional violation of the provisions of this section shall constitute indirect criminal contempt of court.

Hlslory.-<~. 96, ch. 19554, 1939; CGL 1940 Supp. 8663(96); s. I, ch. 26584, 1951; s. 54. ch. 7().339; s. 2, ch. 74-627.

905.19 Duty of state attorney.-The state at­torney or an assistant state attorney shall attend sessions of the grand jury to examine witnesses and give legal advice about any matter cogniza­ble by the grand jury. The state attorney may designate one or more assistant state attorneys to accompany and assist him in the performance of his duties, or he may designate one or more assistant state attorneys to attend sessions, ex­amine witnesses, and give legal advice to the grand jury. The state attorney or an assistant state attorney shall draft indictments.

Hlstory..-s. 98, ch. 19554, 1939; CGL 1940 Supp. 8663(98); s. 57, ch. 7~9; s. 3, ch. 74-627.

905.36 Duty of state attorney or other legal advisor; presentation of evidence.-A state attor­ney designated by the governor with the ap­proval of the supreme court shall attend sessions of the grand jury and serve as its legal advisor. The state attorney, the state attorney and one or more of his assistant state attorneys, or one or more assistant state attorneys shall examine wit­nesses, present evidence, and draft indictments, presentments, and reports upon the direction of the statewide grand jury. The state attorney may designate one or more assistant state attorneys to accompany and assist him in the performance of his duties, or he may designate one or more

assistant state attorneys to attend sessions of statewide grand jury and perform such duties.

Hlstory.-s. I, ch. 73-132; s. -4, ch. 74-627.

CHAPTER 917

MENTALLY DISORDERED SEX OFFENDERS

917.14 Certifying defendant for hearing. 917.23 Inapplicability in capital cases.

pealed)

917.14 Certifying defendant for hearing.­*(1) The court may suspend the sentence

certify a defendant for a hearing and ex.~unina­tion in the circuit court to determine whether person is a mentally disordered sex offender

(a) The person is convicted of a misdemeanor for which he is currently prosecuted, whether or not the crime is a sex fense;

(b) There is a probable cause to believe that the person is a mentally disordered sex offender; and

(c) The mental disorder has existed for least the immediately preceding 4 months.

(2) The court may certify a person under section ( 1) on its own motion, on motion by state attorney, or on application by affidavit the defendant.

Hlstory.-ss. 2, 3, ch. 57-1989; s. I, ch. 67-451; s. 111, ch. 7().339; s. 38, ch. 1J.JM; s. 3, ch. 7-4-379.

•Note.-Subsectlon (1), as amended, takes effect October I, 197-4. Note.-Former s. 91'1.12.

917.23 Inappllcabillty in capital cases.-[Re­pealed by s. 4, ch. 74-379, effective October 1, 1974.]

CHAPTER 921

SENTENCE

921.141 Sentence of death or life imprisonment for capital felonies; further proceed­ings to determine sentence.

921.185 Sentence; restitution a mitigation in certain crimes. (New)

921.231 Presentence investigation (New)

921.141 Sentence of death or life imprison­ment for capital felonies; further proceedings to determine sentence.-

**(!) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.-Upon conviction or adjudication of guilt of a defendant of a capital felony, the court shall conduct a separate sentencing pro-

758

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 921.141

to determine whether the defendant be sentenced to death or life imprison­

as authorized by s. 775.082. The proceeding be conducted by the trial judge before the

as soon as practicable. If, through im­pu1s:su1Iu•'Y or inability, the trial jury is unable to r,...·nn·vPriP for a hearing on the issue of penalty,

n<>i~ ..... ,.., •• ...n the guilt of the accused, the may summon a special juror or jurors

as in chapter 913 to determine the issue of imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proc~g shall be con- · ducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceed­ing, evidence may be presented as to any matter that the court deems relevant to sentence, and shall include matters relating to any of the ag­gravating or ~tigating circumstances enume~­ated in subsections (6) and (7). Any such eVI­dence which the court deems to have probative value may be received, regardless of its admissi­bility under the exclusionary rules of evidence, provided the defendant is accorded a fair oppor­tunity to rebut any hearsay statements. How­ever, this subsection shall not be construed to authorize the introduction of any evidence se­cured in violation of the constitutions of the United States or of the State of Florida. The state and the defendant or his counsel shall be permitted to present argument for or against sentence of death.

(2) ADVISORY SENTENCE BY THE JURY. -After hearing all the evidence, the jury shall deliberate and render an advisory sentence to the court based upon the following matters:

(a)' Whether sufficient aggravating circum­stances exist as enumerated in subsection (6);

(b) Whether sufficient mitigating circum­stances exist as enumerated in subsection (7), which outweigh the aggravating circumstances found to exist; and

(c) Based on these considerations, whether the defendant should be sentenced to life *[im­prisonment] or death.

(3) FINDINGS IN SUPPORT OF SENTENCE OF DEATH.-Notwithstanding the recommenda­tion of a majority of the jury, the court, after weighing the aggravating and mitigating circum­stances shall enter a sentence of life imprison­ment or death, but if the court imposes a sen­tence of death, it shall set forth in writing its findings upon which the sentence of death is based as to the facts:

(a) That sufficient aggravating circumstances exist as enumerated in subsection (6), and

(b) That there are insufficient mitigating cir­cumstances, as enumerated in subsection (7), to outweigh the aggravating circumstances.

In each case in which the court imposes the death sentence, the determination of the court shall be supported by specific written findings of fact based upon the circumstances in subsections (6) and (7) and upon the records of the trial and the sentencing proceedings. If the court does not

make the findings requiring the death sentence, the court shall impose sentence of life imprison­ment in accordance with s. 775.082.

(4) REVIEW OF JUDGMENT AND SEN­TENCE.-The judgment of conviction and sen­tence of death shall be subject to automatic review by the Supreme Court of Florida within 60 days after certification by the sentencing court of the entire record, unless the time is ex­tended for an additional period not to exceed 30 days by ·the supreme court for good cause shown. Such review by the supreme court shall have priority over all other cases and shall be heard in accordance with rules promulgated by the supreme court.

(5) AGGRAVATING CIRCUMSTANCES.­Aggravating circumstances shall be limited to the following:

(a) The capital felony was committed by a person under sentence of imprisonment.

(b) The defendant was previously convicted of another capital felony or of a felony involving the use or threat of violence to the person.

(c) The defendant knowingly created a great risk of death to many persons.

(d) The capital felony was committed while the defendant was en~aged, or was an accom­plice, in the commission of, or an attempt to commit, or flight after committing or attempting to commit, any robbery, rape, arson, burglary, kidnapping, or aircraft piracy or the unlawful throwing, placing, or discharging of a destructive device or bomb.

(e) The capital felony was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.

(f) The capital felony was committed for pe­cuniary gain.

(g) The capital felony was committed to dis­rupt or hinder the lawful exercise of any govern­mental function or the enforcement of laws.

(h) The capital felony was especially heinous, atrocious, or cruel.

(6) MITIGATING CIRCUMSTANCE_S.-Miti­gating circumstances shall be the followmg:

(a) The defendant has no significant history of prior criminal activity.

(b) The capital felony was committed while the defendant was under the influence of ex­treme mental or emotional disturbance.

(c) The victim was a participant in the defen­dant's conduct or consented to the act.

(d) The defendant was an accomplice in the capital felony committed by another person and his participation was relatively minor.

(e) The defendant acted under extreme duress or under the substantial domination of another person. .

(f) The capacity of the defendant to appreci­ate the criminality of his conduct or to conform his conduct to the requirements of law was sub­stantially impaired.

(g) The age of the defendant at the time of the crime.

Hlltory.-<1. 237a, ch. 19554, 1939; CGL 1940 Supp. 8663(246); a. 119, ch. 7().339; s. I, ch. 72-72; s. 9, ch. 72-724; s. I, ch. 74-379.

759

s. 921.141 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

•Note.-Bracketed word inserted by the editors. .. Note.-Subsection (I) as amended takes effect October I, 1974. Note.-Former s. 919.23.

921.185 Sentence; restitution a mitigation in certain crimes.-In the imposition of a sentence for any felony or misdemeanor involving prop­erty, but not injury or opportunity for injury to persons, the court, in its descretion, shall con­sider any degree of restitution a mitigation of the severity of an otherwise appropriate sentence.

HlstMy.-s. I, ch. 74-125.

921.231 Presentence investigation reports.­(1) Any court of the state having original ju­

risdiction of criminal actions, when the defen­dant in a criminal felony case has been found guilty or has entered a plea of nolo contendere or guilty, shall, and in misdemeanor cases in its dis­cretion may, refer the case to the Parole and Pro­bation Commission for investigation and recom­mendation. It shall be the duty of the commission to make a report in writing to the court at a specified time prior to sentencing, de­pending upon the circumstances of the offender and the offense. Said report shall include:

(a) A complete description of the situation surrounding the criminal activity with which the offender has been charged, including a synopsis of the trial transcript, if one has been made, and, at the offender's discretion, his version and ex­planation of the act.

(b) The offender's educational background. (c) The offender's employment background,

including any military record, his present em­ployment status, and his occupational capabili­ties.

(d) The social history of the offender, includ­ing his family relationships, marital status, interests, and related activities.

(e) The residence history of the offender. (f) The offender's medical history and, as ap­

propriate, a psychological or psychiatric evalua­tion.

(~) Information about the environments to which the offender might return or to which he could be sent should a sentence of nonincarcera­tion or community supervision be imposed by the court.

(h) Information about any resources available to assist the offender, such as:

1. Treatment centers. 2. Residential facilities. 3. Vocational training programs. 4. Special education programs. 5. Services that may preclude or supplement

commitment to the Division of Corrections. (i) The views of the person preparing the re­

port as to the offender's motivations and ambi­tions and an assessment of the offender's expla­nations for his criminal activity.

(j) An explanation of the offender's criminal record, if any, including his version and explana­tion of any previous offenses.

(k) A recommendation as to disposition by the court. It shall be the duty of the commission to make a written determination as to the rea-

sons for its recommendation. The shall include 11n evaluation of the following tors:

1. The appropriateness or in~lPt:•ro:priatE~nesi of community facilities, programs, or services treatment or supervision.

2. The ability or inability of the \;UJ:uuu::s~~~ul to provide an adequate level of ~1nvorvi~inn the offender in the community a statenten of what constitutes an adequate level of sion.

3. The existence of other treatment m<ldalitiel which the offender could use but which do exist at present in the community.

(2) In those instances in which a pr~~se:nte1nc4 investigation report has been piled, the commission may to cornpJ.ete short-form report updating the above inftnrnta: tion.

(3) All information in the presentence gaton report should be factually pr~~sentE~ verified if reasonably possible by the report. On examination at the hearing, the preparer of the report, if .._ ....... ., .. 15.,., on the issue of verification, shall bear the of explaining why it was not possible to the challenged information.

HlstMy.--6. 8, ch. 74-112.

CHAPTER 932

PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE LAW

932.465 Limitation of prosecutions. !erred and amended)

932.465 Limitation of ferred to s. 775.15 and amended by s. 10, ch. 383 effective July 1, 1975.]

CHAPI'ER933

SEARCH WARRANTS

933.02 Grounds for issuance of search warrant. 933.18 When warrant may be issued for

of private dwelling.

933.02 Grounds for issuance of search rant.-Upon proper affidavits being search warrant may be issued under sions of this chapter upon **[any] of the ing grounds:

( 1) When the property shall have been or embezzled in violation of law;

(2) When any property shall have been used:

760

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 934.02

*(a) As a means to commit any crime, In connection with gambling, gambling

mJ:•IeJne:nts and appliances, or In violation of s. 847.011 or other laws in

. .,.,,, .......... to obscene prints and literature; ***(3) (When any property constitutes] evi­

relevant to proving that a felcmy has been ~ommitted;

any property is being held or pos-

the laws in relation to cruelty to an­have been or are violated in any particular

uw .. UJ.IIa or place, but no search shall be made in building or place after sunset, unless spe­authorized by the officer issuing the war-

upon satisfactory cause shown; in which such property may be taken on the warrant

from any house or place in which it is or from any vehicle, aircraft, or

w .. t .. •·"r"'ft in which it may be found, or from the oos:se~;sicm of any person by whom it shall have

used in the commission of any offense or any person in whose possession it may be.

clarity.

1637, 1868; s. 6, ch. 3921, 1889; RS 6187, 6188; s. 4, ch. 9321, 1923; CGL

d.-<1. 506.03 Issuance of search warrant to discover stamped or marked bottles and boxes.

933.18 When warrant may be issued for search of private dwelling.-No search warrant shall issue under this chapter or under any other law of this state to search any private dwelling occupied as such unless:

(1) It is being used for the unlawful sale, pos­session, or manufacture of intoxicating liquor;

(2) Stolen or embezzled property is contained therein;

(3) It is being used to carry on gambling; (4) It is being used to perpetrate frauds and

swindles; (5) The law relating to narcotics or drug

abuse is being violated therein; *(6) A weapon, instrumentality, or means by

which a felony has been committed, or evidence relevant to proving said felony has been commit­ted, is contained therein; or

(7) It is in part used for some business pur­pose such as a store, shop, saloon, restaurant, hotel, or boarding, or lodging house.

The term "private dwelling" shall be construed to include the room or rooms used and occupied,

not transiently but solely as a residence, in an apartment house, hotel, boardinghouse, or lodg­ing house. No warrant shall be issued for the search of any private dwelling under any of the conditions hereinabove mentioned except on sworn proof by affidavit of some creditable wit­ness that he has reason to believe that one of said conditions exists, which affidavit shall set forth the facts on which such reason for belief is based.

History.-: 19, ch. 9321, 1_923; s. 2, ch. 1_0273, 1925; CGL 8518; s. I, ch. 51-418, s. I, ch. 67-348, s. 1, ch. 69-18, s. I, ch. 74-318.

*Note.-Subsectlon (6), as amended, takes effect October I, 1974.

CHAPTER934

SECURITY OF COMMUNICATIONS

934.02 934.03

934.091

Definitions. Interception and disclosure of wire or

oral communications prohibited. Unlawful to publish names of parties to

intercepted communications; penalty. (New)

934.02 Definitions.-As used in this chapter: (1) "Wire communication" means any com­

munication made in whole or in part through the use of facilities for the transmission of communi­cations by the aid of wire, cable, or other like connection between the point of origin and the point of reception, furnished or operated by any person engaged as a common carrier in provid­ing or operating such facilities for the transmis­sion of intrastate, interstate, or foreign communi­cations;

*(2) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not sub­ject to interception under circumstances justify­ing such expectation and does not mean any public oral communication uttered at a public meeting;

(3) "Intercept" means the aural acquisition of the contents of any wire or oral communication through the use of any electronic, mechanical, or other device;

(4) "Electronic, mechanical, or other device" means any device or apparatus which can be used to intercept a wire or oral communication other than:

(a) Any telephone or telegraph instrument, equipment or facility or any component thereof furnished to the subscriber or user by a commu­nications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business, or being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his duties;

(b) A hearing aid or similar device being used

761

s. 934.02 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

to correct subnormal hearing to not better than normal;

(5) "Person" means any employee or agent of the state or political subdivision thereof and any individual, partnership, association, joint stock company, trust, or corporation;

(6) "Investigative or law enforcement officer" means any officer of the state or political subdi­vision thereof or of the United States who is em­powered by law to conduct investigations of, or to make arrests for, offenses enumerated in this chapter or similar federal offenses and any attor­ney authorized by law to prosecute or participate in the prosecution of such offenses;

(7) "Contents," when used with respect to any wire or oral communication, includes any in­formation concerning the identity of the parties to such communication or the existence, sub­stance, purport, or meaning of that communica­tion;

(8) "Judge of competent jurisdiction" means justice of the supreme court, judge of a district court of appeal, circuit judge, or judge of any court of record having felony jurisdiction of the state;

(9) "Aggrieved person" means a person who was a party to any intercepted wire or oral com­munication or a person against whom the inter­ception was directed.

Hlstory.-s. 2, ch. SS-17; s. I, ch. 72-294; s. I, ch. 74-249. *Note.-Subsection (2), as amended, takes effect October I, 1974.

934.03 Interception and disclosure of wire or oral communications prohibited.-

( 1) Except as otherwise specifically provided in this chapter, any person who:

(a) Willfully intercepts, endeavors to inter­cept, or procures any other person to intercept or endeavor to intercept any wire or oral com­munication;

(b) Willfully uses, endeavors to use, or pro­cures any other person to use or endeavor to use any electronic, mechanical, or other device to in­tercept any oral communication when:

1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communica­tion; or

2. Such device transmits communications by radio or interferes with the transmission of such communication;

(c) Willfully discloses, or endeavors to dis­close, to any other person the contents of any wire or oral communication, knowing or having reason to know that the information was ob­tained through the interception of a wire or oral communication in violation of this subsection; or

(d) Willfully uses, or endeavors to use, the contents of any wire or oral communication, knowing or having reason to know that the in­formation was obtained through the interception of a wire or oral communication in violation of this subsection;

shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,

or s. 775.084. (2)(a) It is not unlawful under this chapter

an operator of a switchboard, or an officer, ployee, or agent of any communication cornm101 carrier whose facilities are used in the tr<>nc,mic sion of a wire communication, to int.er<:eJJit, close, or use that communication in the course of his employment while engaged in activity which is a necessary incident to the dition of his service or to the protection rights or property of the carrier of such co1nrrm nication; provided, that said common carriers shall not utilize !;PTV1c~P ing or random monitoring except for mt~lltanllca or service quality control checks.

(b) It is not unlawful under this ch2lPtE~r an officer, employee, or agent of the Communications Commission, in the course of his employment and in discharge monitoring responsibilities exercised by the mission in the enforcement of 47 U.S.C. Ch. intercept a wire communication or oral cornmm nication transmitted by radio or to disclose use the information thereby obtained.

*(c) It is lawful under this chapter for a enforcement officer or a person acting under direction of a law enforcement officer to cept a wire or oral communication when person is a party to the communication or the parties to the communication has consent to such interception and the nnrN'\c:P such interception is to obtain evidence inal act.

*(d) It is lawful under this chapter for a son to intercept a wire or oral coJmnrlw1icabor when all of the parties to the ~~~~~~~:.Uor have given prior consent to such ir

*(e) It is unlawful to intercept any ,_u,,uu,•wu· cation for the purpose of committing any nal act.

*(f) It is lawful under this chapter for an ployee of a telephone company to wire communication for the sole purpose of ing the origin of such communication when interception is requested the recipient of communication and the alleges that communication is obscene, or ening in nature. The individualt-n1rot-1111'tiino terception shall notify local police aultnonttP.~ within 48 hours after the time of the int,prr·Pn. tion.

History.---<;. 3, ch. SS-17; s. 1163, ch. 71-136; ss. 2, 3, ch. 74-249. •Note.-Paragraphs (2Xc) and (d), as amended, and

(2Xe) and (f), as created, take effect October I, 1974.

*934.091 Unlawful to publish ties to intercepted cornmuruicat:ionts; pemllty·.-

(1) No person shall cast, or cause to be printed, vuuu::.uo::u, casted, in any newspaper, ,.... . ..,nnu· ..

or other publication, or from any or dio broadcasting station, the name or identity any person served with, or to be served with, inventory or notification of interception of or oral communications pursuant to s. 09(7)(e) until said person has been indicted or

762

s. 934.091 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 943.03

formed against by the appropriate prosecuting authority.

(2) Whoever is convicted of the violation of the provisions of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082, by a fine not to exceed $10,000, or as provided in s. 775.084.

Hlstory.-<l. I, ch. 74-95. *Note.-Effective October I, 1974.

943.01 943.02 943.03

943.04

943.05

943.06

943.07 943.08

943.09

943.10 943.11

943.12

943.13

943.14

943.15

943.16

943.17

943.18

943.19 943.20

943.21 943.22

943.23

943.24 943.25

943.26

CHAPTER 943

CRIMINAL LAW ENFORCEMENT

Short title. (New) Definitions. (New) Department of Criminal Law Enforce­

ment. (New) Division of Law Enforcement; creation;

investigative and related authority. (New)

Division of Criminal Justice Information Systems; duties; crime reports. (New)

Criminal Justice Information Systems Council. (New)

Definitions; ss. 943.06-943.08. (New) Duties; Criminal Justice Information

Systems Council. (New) Division of Standards and Training.

(New) Definitions; ss. 943.09-943.24. (New) Police Standards and Training Commis­

sion; creation; membership; meetings; compensation. (New)

Special powers; police officer training. (New)

Police officers; qualifications for employ­ment. (New)

Police training programs; private police schools; certificates and diplomas; ex­emptions; injunction proceedings. (New)

Reimbursement of employing agency by commission. (New)

Payment of tuition by employing agency. (New)

Inservice training and promotion; partic­ipation, grants. (New)

Salary scale study; report, recommenda­tion. (New)

Saving clause. (New) Qualifications and standards above mini­

mum. (New) Exception; elected officers. (New) Salary incentive program for local law

enforcement officers. (New) Notice of employment; inactive status;

reinstatement. (New) Intent. (New) Advanced training; program; costs;

funding. (New) Division of Local Law Enforcement As-

sistance. (New) 943.27 Local Law Enforcement Advisory Coun­

cil. (New) 943.28 General powers and duties; Local Law

Enforcement Advisory Council. (New) 943.29 Division of Staff Services. (New) 943.31 Legislative intent. (New) 943.32 Statewide criminal analysis laboratory

system. (New) 943.33 State-operated criminal analysis labora­

tories. (New) 943.34 Powers and duties of department in rela­

tion to state-operated laboratories. (New)

943.35 Matching funds for existing laboratories. (New)

943.36 Submission of annual budget. (New) 943.37 Option to become state-operated labora­

tory; operational control. (New) 943.38 Creation of Crime Laboratory Council.

(New) 943.39 Crime Laboratory Council; organization;

meetings; compensation. (New) 943.40 Duties of Crime Laboratory Council.

(New) 943.41 Short title; definition. (New) 943.42 Unlawful to transport, conceal, or pos­

sess contraband articles; use of vessel, motor vehicle, or aircraft. (New)

943.43 Forfeiture of vessel, motor vehicle, or aircraft; exceptions. (New)

943.44 Forfeiture proceedings. (New)

943.01 Short title.-This chapter shall be known as the "Department of Criminal Law En­forcement Act of 1974."

History.-<;. I , ch. 74-386.

943.02 Definitions.-For the purpose of this chapter:

(1) "Department" means the Department of Criminal Law Enforcement.

(2) "Executive director" means the executive director of the Department of Criminal Law En­forcement.

History.-<;. 2, ch. 74-386.

943.03 Department of Criminal Law Enforce­ment.-

(1) The executive director shall have served at least 5 years as a police executive or possess training and experience in police affairs or public administration and shall be a bona fide resident of the state. It shall be the duty of the executive director to supervise, direct, coordinate, and ad­minister all activities of the department *[and to exercise the duties prescribed for the State Law Enforcement Coordinator under part VII of chap­ter 23, known as the Florida Mutual Aid Act.]

(2) The department shall employ such admin­istrative, clerical, technical, and professional per­sonnel, including division directors as hereinafter provided, as may be required, at salaries to be established by the department, to perform such duties as the department may prescribe.

763

s. 943.03 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

(3) Pursuant to chapter 120, the department shall adopt the rules and regulations deemed necessary to carry out its duties and responsibili­ties under this chapter.

(4) The department may make and enter into all contracts and agreements with other agen­cies, organizations, associations, corporations, individuals, or federal agencies as the depart­ment may determine are necessary, expedient, or incidental to the performance of its duties or the execution of its power under this chapter. How­ever, nothing in this chapter shall authorize the employment of private investigative personnel by contract to conduct investigations.

(5)(a) The department shall be governed by all laws regulating the purchase of supplies and equipment as other state agencies and may enter into contracts with other state agencies to make photographs and photostats, to transmit infor­mation by teletype, and to perform all those ser­vices consonant with the purpose of this chapter.

(b) It may use without charge the technical personnel and equipment of any state agency.

(6) The powers herein enumerated, or set forth in other parts of this chapter, shall be deemed an exercise of the state police power for the protection of the welfare, health, peace, safety, and morals of the people and shall be lib­erally construed.

(7) The Department of Legal Affairs shall be the legal advisor to and shall represent the de­partment.

.(8) The department may accept for any of its purposes and functions under this chapter any and all donations of property, real, personal, or mixed, and grants of money, from any govern­mental unit or public agency or from any institu­tion, person, finn, or corporation. Such moneys shall be deposited, disbursed, and administered in a trust fund as provided by law.

(9) The department shall make an annual re­port of its activities to the governor and to the legislature and include in such report its recom­mendations for additional legislation.

(10) The department shall establish headquar­ters in Tallahassee. The Department of General Services shall furnish the department with proper and adequate housing for its operation.

Hlstory.-ss. 3, 9, cb. 7+386. •Note.-Bracketed language was transferred from s. 9, cb. 74-386.

943.04 Division of Law Enforcement; cre­ation; investigative and related autbority.-

(1) There is created a Division of Law En­forcement within the Department of Criminal Law Enforcement. The division shall be super­vised by a director who shall be employed by the department upon the recommendation of the ex­ecutive director. It shall be the duty of the direc­tor to supervise, direct, coordinate, and adminis­ter all activities of the division.

(2)(a) Under appropriate rules and regulations adopted by the department, upon written order of the governor, or by direction of the legislature acting by a concurrent resolution and at the direction of the executive director, the

Division of Law Enforcement may investigate vi­olations of any of the criminal laws of the state, and shall have authority to bear arms, make ar­rests, and apply for, serve, and execute search warrants, arrest warrants, capias, and other pro­cess of the court.

(b) Investigations may also be conducted in connection with the faithful execution and effec­tive enforcement of the laws of the state with reference to organized crime, vice, racketeering, rioting, inciting to riot and insurrection, and, upon specific direction by the governor in writ­ing to the executive director, the misconduct, in connection with their official duties, of public of­ficials and employees and of officials and mem­bers of public corporations and authorities sub­ject to suspension or removal by the governor.

(c) All investigators employed by the department shall be considered peace officers for all purposes. The executive director shall have the authority to designate *[the person occupy­ing] any appropriate position within the depart­ment as a peace officer, if such person is quali­fied under the department's personnel regulations relating to agents, and all persons thus employed by the department shall be con­sidered peace officers for all purposes and shall be entitled to the privileges, protection, and ben­efits of ss. 112.19, 121.051, 122.34, and 870.05.

(3) Whenever it shall appear to the depart­ment that there is cause for the prosecution of a crime, the department shall refer the evidence of such crime to the officials authorized to conduct the prosecution.

History.-. 4, ch. 7+386. •Note.-Bracketed words Inserted by the editors In the interest ol

clarity.

943.05 Division of Criminal Justice Informa­tion Systems; duties; crime reports.-

(1) There is created a Division of Criminal Justice Information Systems *[within the Depart­ment of Criminal Law Enforcement]. The divi­sion shall be supervised by a director who shall be employed upon the recommendation of the executive director.

(2) The division shall: (a) Establish a system of fingerprint analysis

and identification. (b) Establish a system of intrastate communi­

cation of vital statistics· and information relating to crimes, criminals, and criminal activity. The division may cooperate with state, county, mu­nicipal, and federal agencies in the establishment of such a system.

(c) Establish a system of uniform crime re­ports and statistical analysis.

1. All state, county, and municipal law en­forcement agencies shall submit to the depart­ment uniform crime reports setting forth their activities in connection with law enforcement.

2. It shall be the duty of the division, under the supervision of the executive director, to adopt and promulgate rules and regulations pre­scribing the form, general content, and time and manner of submission of such uniform crime re-

764

s. 943.05 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 943.08

ports required pursuant to subparagraph 1. The rules so adopted and promulgated shall be filed with the Department of State pursuant to chap­ter 120, and shall have the force and effect of law. Willful or repeated failure by any state, county, or municipal law enforcement official to submit the uniform crime reports required by subparagraph 1. shall constitute neglect of duty in public office.

3. The division shall correlate the reports sub­mitted to it pursuant to subparagraph 1. and shall compile and submit to the governor and the legislature semiannual reports based on such re­ports. A copy of said reports shall be furnished to all prosecuting authorities and law enforce­ment agencies. HIRory.~. 5, ch. 74-386. •Note.-Bracketed language inserted by the editors in the interest of

clarity.

943.06 Criminal Justice Information Systems CounciL-There is created a Criminal Justice In­formation Systems Council within the Depart­ment of Criminal Law Enforcement.

( 1) The council shall be composed of nine members, consisting of the attorney general or a designated assistant; the chairman of the Parole and Probation Commission; the state courts ad­ministrator; and six members, to be appointed by the governor, consisting of two sheriffs, two po­lice chiefs, one public defender, and one state at­torney.

(2) Members appointed by the governor shall be appointed for terms of 4 years, except that in the first appointment under this section, two members shall be appointed for terms of 2 years, two members for terms of 3 years, and two members for terms of 4 years; and the terms of such members shall be designated by the gover­nor at the time of appointment. No appointive member shall serve beyond the time he ceases to hold the office or employment by reason of which he was eligible for appointment to the council. Any member appointed to fill a vacancy *[occurring] because of death, resignation, or ineligibility for membership shall serve only for the unexpired term of his predecessor or until a successor is appointed and qualifies.

(3) The council shall annually elect its chair­man and other officers. The council shall hold at least four regular meetings each year at the call of the chairman or upon the written request by three members of the council. A majority of the members of the council constitutes a quorum.

(4) Membership on the council shall not dis­qualify a member from holding any other public office or being employed by a public entity ex­cept that no member of the legislature shall serve on the council. The legislature finds that the council serves a state, county, and municipal purpose and that service on the council is consis­tent with a member's principal service in a pub­lic office or employment.

(5) Members of the council shall serve with­out compensation, but shall be entitled to be reimbursed for per diem and traveling expenses

as provided by s. 112.061. History.~. 6, ch. 74-386. *Note.-Bracketed language inserted by the editors in the interest of

clarity.

943.07 Definitions; ss. 943.06-943.08.-The following words and phrases as used in ss. 943.-06, 943.07, and 943.08 shall have the following meanings, unless the context otherwise requires:

(1) "Information system" means a system, whether automated or manual, operated or leased by state or local government or govern­ments, including the equipment, facilities, proce­dures, agreements, and organizations thereof, for the collection, processing, preservation, or disse­mination of information.

(2) "Criminal justice information system" means an information system for the collection, processing, preservation, or dissemination of criminal justice information.

(3) "Criminal justice information" means in- . formation on individuals collected or dissemi­nated as a result of arrest, detention, or the initi­ation of a criminal proceeding by criminal justice agencies, including arrest record information, correctional and release information, criminal history record information, conviction record in­formation, identification record information, and wanted persons record information. The term shall not include statistical or analytical records or reports in which individuals are not identified and from which their identities are not ascertain­able. The term shall not include criminal justice intelligence information.

(4) "Criminal justice intelligence information" means information about an individual on mat­ters pertaining to the administration of criminal justice, other than criminal justice information, which is indexed under an individual's name or which is retrievable by reference to identifiable individuals by name or otherwise. This term shall not include information on criminal justice agency personnel or information on lawyers, vic­tims, witnesses, or jurors collected in connection with a case in which they were involved.

(5) "Dissemination" means the transmission of information, whether orally or in writing.

History.-<;. 6, ch. 74-386.

943.08 Duties; Criminal Justice Information Systems CounciL-The council shall develop and recommend operating policies and procedures re­lating to the following areas:

(1) The exchange of criminal justice informa­tion and criminal justice intelligence information and the operation of criminal justice information systems and criminal justice intelligence infor­mation systems, both interstate and intrastate;

(2) The installation of criminal justice infor­mation systems and criminal justice intelligence information systems and the exchange of infor­mation by such systems within the state and with similar systems and criminal justice agen­cies in other states and in the Federal Govern­ment;

(3) The physical security of the system, to

765

s. 943.08 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

prevent unauthorized disclosure of information contained in the system and to insure that the criminal justice information in the system is cur­rently and accurately revised to include subse­quently revised information;

(4) The purging or sealing of criminal justice information upon order of a court of competent jurisdiction or when required by law;

(5) The dissemination of criminal justice in­formation to persons or agencies *[not associ­ated with criminal justice] when such dissemina­tion is authorized by law;

(6) The access to criminal justice information maintained by any criminal justice agency by any person about whom such information is maintained for the purpose of challenge, correc­tion, or addition of explanatory material; and

(7) Such other areas as relate to the collec­tion and dissemination of criminal justice infor­mation and criminal justice intelligence information.

Hlstory.-s. 6, ch. 74-386. •Note.-Bracketed language substituted for the phrase "noncriminal

justice."

943.09 Division of Standards and Training.­There is created a Division of Standards and Training *[within the Department of Criminal Law Enforcement]. The department shall em~oy a division director with the approval of the *[Po­lice Standards and Training] Commission.

Hlstory.-s. 7, cb. 74-386. •Note.-Bracketed language inserted by tbe editors in tbe interest of

clarity.

943.10 Definitions; ss. 943.09-943.24.-The following words and phrases as used in ss. 943:-09-943.24 shall have the following meanings un­less the context otherwise requires:

(I) "Police officer" means any person em­ployed full time by any municipality or the state or any political subdivision thereof, whose pri­mary responsibility is the prevention and detec­tion of crime or the enforcement of the penal, traffic, or highway laws of this state.

(2) "Employing agency" means any munici­pality or the state or any political subdivision thereof employing police officers as defined in subsection (1). ·

(3) "Commission" means the Police Stan­dards and Training Commission.

(4) "Part-time" or "auxiliary" police officer means any person employed, with or without compensation, less than full time by the state or any political subdivision or municipality thereof, whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, traffic, or highway laws of this state.

(5) "Private police training school" means any private school, corporation, or institution, for profit or not for profit, devoted wholly or in part to instruction, by correspondence or other­wise, in police services, police administration, police training, police education, and law en­forcement, which awards any type of certificate, diploma, degree, or recognition for attendance, graduation, study, or .participation to students,

enrollees, or participants. This definition applies to all such schools operating wholly or in part within the state, including those chartered, incor­porated, or formed outside the state.

Hlstory.-s. 7, ch. 74-386.

943.11 Police Standards and Training Com­mission; creation; membership; meetings; com­pensation.-

( 1) There is created a Police Standards and Training Commission within the Department of Criminal Law Enforcement. The commission shall be composed of 12 members, consisting of the attorney general or a designated assistant; the commissioner of education or a designated assistant; the special agent of the Federal Bureau of Investigation in Florida in charge of training; the executive director of the Department of Highway Safety and Motor Vehicles; and eight members, to be appointed by the governor, con­sisting of three sheriffs, three chiefs of police, and two police officers who are neither sheriffs nor chiefs of police. Prior to the appointment, the sheriff, chief of police, and police officer members shall have had at least 8 years' experi­ence in law enforcement as police officers.

(2) Members appointed by the governor shall be appointed for terms of 4 years except that in the first appointments under this section, two members shall be appointed for terms of 1 year, two members for terms of 2 years, two members for terms of 3 years, and two members for terms of 4 years; and the terms of such members shall be designated by the governor at the time of ap­pointment. No appointive member shall serve be­yond the time he ceases to hold the office or em­ployment by reason of which he was eligible for appointment to the commission. Any member appointed to fill a vacancy *(occurring] because of death, resignation, or ineligibility for member­ship shall serve only for the unexpired term of his predecessor or until a successor is appointed and qualifies.

(3) The governor, in appointing the three sheriffs, three chiefs of police, and two police of­ficers, shall take into consideration representa­tion by geography, population, and other rele­vant factors in order that the representation on the commission be apportioned to give represen­tation to the state at large rather than to a par­ticular area.

( 4) Membership on the commission shall not disqualify a member from holding any other pub­lic office or being employed by a public entity, except that no member of the legislature shall serve on the commission. The legislature finds that the commission serves a state, county, and municipal purpose and that service on the com­mission is consistent with a member's principal service in a public office or employment.

(5) The commission shall hold at least four regular meetings each year at the call of the chairman or upon the written request by three members of the commission. A majority of the members of the commission constitutes a quo­rum.

766

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 943.14

(6) Members of the commission shall serve without compensation but shall be entitled to be reimbursed for per diem and traveling expenses as provided by s. 112.061.

HiRol'y.---<1. 7, ch. 74-386. •Note.-Bracketed word inserted by tbe editors in tbe interest of

clarity. .

943.12 Special powers; police officer training. -In connection with the employment and train­ing of police officers, the commission shall have special power to:

(1) Establish uniform minimum standards for the employment and training of police officers, including qualifications and requirements as may be established by the commission subject to spe­cific provisions which are contained in this chap­ter.

(2) Establish uniform minimum standards, with reasonable classifications as determined by the commission, for the employment and training of _part-time or auxiliary police officers.

(3) Establish minimum curricular require­ments for schools operated by or for any munici­pality or the state or any political subdivision thereof for the specific purpose of training police recruits or police officers.

(4) Consult and cooperate with municipalities or the state or any political subdivision thereof and with universities, colleges, community col­leges, and other educational institutions concern­ing the development of police training schools and programs or courses of instruction, includ­ing, but not necessarily limited to, education and training in the areas of police science, police ad­ministration, and all allied and supporting fields.

(5) Approve institutions and facilities for school operation by or for any municipality or the state or any political subdivision thereof for the specific purpose of training police officers and police recruits.

(6) Issue certificates of competency to per­sons who, by reason of experience and comple­tion of advanced education or inservice or spe­cialized training, are especially qualified for particular aspects or classes of police work.

(7) Make or encourage studies on any aspect of police education and training or recruitment.

(8) Make recommendations concerning any matter within its purview pursuant to this chap­ter.

(9) Promulgate rules and regulations for the administration of this chapter pursuant to chap­ter 120.

HIRol')'.-<~. 7, ch. 74-386.

943.13 Police officers; qualifications for em­ployment.-After August 1, 1974, any person employed as a police officer shall:

(1) Be at least 18 years of age. (2) Be a citizen of the United States. (3) Be a high school graduate or its "equiva­

lent" as the term may be determined by the com­mission.

(4) Not have been convicted of a felony or of a misdemeanor involving "moral turpitude" as

the term is defined by law and who has not been released or discharged under any other than hon­orable conditions from any of the Armed Forces of the United States.

(5) Have his fingerprints on file with the com­mission or an agency designated by the commis­sion.

(6) Have passed an examination by a licensed physician, based on specifications established by the commission.

(7) Have a good moral character as deter­mined by investigation under procedures estab­lished by the commission.

Hlstol'y.---<1. 7, ch. 74-386.

943.14 Police training programs; private po­lice schools; certificates and diplomas; exemptions; injunction proceedings.-

( 1) The commission shall establish and main­tain a police training program with such curricu­lum, and administered by such agencies and in­stitutions, as it approves, and shall issue a certificate of completion to any person satisfac­torily completing the training program estab­lished.

(2) The commission shall issue a certificate of compliance to any person satisfactorily comply­ing with the training program established in sub­section ( 1) and the qualifications for employment ins. 943.13, and no person shall be employed as a police officer by any employing agency until he has obtained such certificate of compliance.

(3) The commission may issue a certificate to any person who has received training which the commission has determined is at least equivalent to that required by the commission in the state and who has satisfactorily complied with all other requirements of this chapter.

(4) All training or educational subjects which are taught, instructed, or used in any police or law enforcement schools or taught, instructed, or used in any private police training school shall first be approved in writing by the commission.

(5) Any certificates or diplomas issued by any police or law enforcement school or any private police training school which relate to completion, graduation, or attendance in police training or educational subjects, or related matter, shall be approved by the commission.

(6) All personnel used as instructors, teach­ers, or evaluators by any of the aforementioned schools, corporations, or institutions shall be cer­tified by the commission.

(7) Police or law enforcement schools, courses which are accredited and certified by the Department of Education in accordance with the rules and regulations of the commission, and any schools authorized specifically by the Depart­ment of State to train those persons to be quali­fied pursuant to s. 493.43(6) are exempt from the requirements of subsections (4), (5), and (6).

(8) Police science or police administration courses or subjects which are a part of the cur­riculum of any accredited college, university, or community college of this state, and all full-time instructors of such institutions, shall be exempt

767

s. 943.14 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

from the provisions of this section. (9) At the request of the commission, the De­

partment of Legal Affairs shall apply directly to the circuit court of any county wherein any such school conducts or carries on any business or where any unlawful practice contrary to this sec­tion is being committed for an injunction re­straining any such school from operating con­trary to this section. The court, in its discretion, may grant a temporary injunction restraining the operation of any such school contrary to this section, pending the outcome of said cause, and, upon final hearing, shall permanently enjoin such unlawful operations as are contrary to this section. The -commission and the Department of Legal Affairs shall not be required to give any bond in any proceedings hereunder.

Hlstory.-6. 7, ch. 74-386.

943.15 Reimbursement of employing agency by commission.-The commission shalf, subject to the availability of funds, reimburse an employ­ing agency an amount equivalent to 50 percent of the salary, if any, and allowable living expen­ses of recruit trainees in attendance at approved training programs.

Hlstory.-6. 7, ch. 74-386.

943.16 Payment of tuition by employing agency.-

(1) An employing municipality, state agency, or political subdivision of the state is authorized to pay any costs of tuition of trainees in atten­dance at approved training programs.

(2) A trainee who attends such approved training program at the expense of a municipal­ity, state agency, or political subdivision must re­main in the employment of such municipality, state agency, or political subdivision for a period of not less than 1 year. If his employment is ter­minated on his own initiative within 1 year, he shall reimburse the municipality, state agency, or political subdivision for his participation in such training program, and such municipality, state agency, or political subdivision may institute a civil action to collect such tuition costs if not reimbursed.

Hlstory.-s. 7, ch. 74-386.

943.17 Inservice training and promotion; par­ticipation, grants.-

(l)(a) The commission, by rules and regula­tions, shall prescribe curricula and standards for advanced and specialized training courses and training in addition to those prescribed in ss. 943.12 and 943.14.

(b) The standards provided by this section shall be deemed as those approved by the com­mission for promotional purposes but shall not be construed as binding on any employing agency for promotional requirements.

(2) Law enforcement agencies participating under the provisions of ss. 943.09-943.24 shall adhere to the standards and procedures estab­lished by the commission.

(3) Institutions and agencies offering ap­proved programs of inservice or advanced train­ing may receive grants from the commission, subject to the availability of funds, not to exceed 50 percent of the cost of offering approved train­ing courses.

History.-... 7, ch. 74-386.

943.18 Salary scale study; report, recommen­dation.-The commission shall make a compre­hensive study of the compensation paid to police officers throughout the state. Among the items to be researched shall be variation in salary scale, education and training of officers, retire­ment and pension programs, and any other fac­tors on which compensation is based. The com­mission shall report its findings to each regular session of the legislature and make recommenda­tions for achieving uniformity in compensation for officers with equal or comparable responsibil­ities, experience, education, and training.

Hlstory.-e. 7, ch. 74-386.

943.19 Saving clause.-All police officers cer­tified by the commission on August 1, 1974, shall not be required to meet the provisions of ss. 943.-12(1) and 943.13 as a condition of tenure or con­tinued employment; nor shall their failure to ful­fill such requirements make them ineligible for any promotional examination for which they are otherwise eligible.

History.-... 7, ch. 74-386.

943.20 Qualifications and standards above minimum.-Nothing herein shall be construed to preclude an employing agency from establishing qualifications and standards for hiring, training, or promoting police officers that exceed the min­imum set by the commission.

History.-... 7, ch. 74-386.

943.21 Exception; elected officers.-The pro­visions of ss. 943.09-943.24 shall not apply to any elected officers.

Hlstory.-tJ. 7, ch. 74-386.

943.22 Salary incentive program for local law enforcement offlcers.-

(1) For the purpose of this section the follow­ing terms shall have the meaning ascribed below:

(a) "Local unit" means any municipality, county, or other political subdivision of this state em_ploying law enforcement officers.

(b) "Law enforcement officer" means any law enforcement officer elected or employed full time by a local unit, whose primary responsibility is the prevention or detection of crime or enforce­ment of the criminal or traffic laws or ordi­nances.

(c) "Basic certification" means that a law en­forcement officer has been certified for employment as required by s. 943.12, s. 943.13, s. 943.14, or s. 943.19 or has been excepted as pro­vided under s. 943.21.

(d) "Approved training course" means the satisfactory completion, other than basic certifi-

768

s. 943.22 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 943.24

cation, of approved police training courses under the Police Standards Career Development Pro­gram. For the purposes of this section, no course of the career development program shall consist of less than 40 hours of advanced or technical police training or work in the police sciences.

(e) "Community college" means a community college as approved ins. 230.761(1).

(f) Requirement of a "community college de­gree or equivalent" is satisfied when a law en­forcement officer holds a document from the commission certifying that commission records indicate his graduation or completion of at least 60 semester hours or 90 quarter hours at a com­munity college with a major study concentration relating to the criminal justice system. The com­mission may authorize the completion of 60 se­mester hours or 90 quarter hours at . an ac­credited college or university as meeting the equivalent of a community college degree. For the purpose of this section the commission shall establish which major study concentration areas relate to the criminal justice system.

(g) "Accredited college or university" means a college or university which has been accredited by the Southern Association of Colleges and Uni­versities or other accrediting agency which is recognized by the state for accreditation pur­poses.

(h) Requirement of a "bachelor's degree" is satisfied when a law enforcement officer holds a document from the commission certifying that its records indicate his graduation from an ac­credited college or university with a major study concentration relating to the criminal justice sys­tem. For the purpose of this section, the commis­sion shall establish which major study concen­tration areas relate to the criminal justice system.

(2)(a) Each law enforcement officer who meets basic certification shall, effective July 1, 1972, and thereafter, receive a sum not exceed­ing $25 per month in the manner provided for in paragraph (g).

(b) Each law enforcement officer who has a community college degree or equivalent shall, ef­fective July 1, 1974, and thereafter, receive a sum not exceeding $30 per month in the manner provided for in paragraph (g).

(c) Any law enforcement officer who receives a bachelor's degree shall, effective July 1, 1974, and thereafter, receive a sum not exceeding $50 per month in the manner provided for in para­graph (g).

(d) Each law enforcement officer who com­pletes 320 hours of approved training courses as established by the career development program of the commission shall, effective July 1, 1972, receive a sum not exceeding $80 per month. However, the commission may provide for pro­portional shares for courses completed in SO­hour units in a manner provided for in paragraph (g).

(e) The maximum amount any law enforce­ment officer may receive under this section is $130 per month.

(f) No local unit shall use any state funds re­ceived, or any federal funds made available, un­der s. 943.03(8) for the purpose of circumventing payment of any currently planned or existing sal­ary or compensation plan which provides normal pay increases periodically to its law enforcement officers.

(g) The Division of Police Standards and Training through its commission shall establish rules and regulations in cooperation with the de­partment as necessary to provide effectively for the proper administration of the salary incentive program. Such rules and regulations shall in­clude, but not be limited to:

1. Proper documentation and verification of any claimed training or education requirement.

2. Proper documentation and verification that the local unit has provided in its salary structure and salary plans incentive pay for law enforce­ment officers as required in this section.

(h) Each local unit shall submit reports to the commission on December 31, March 31, June 30, and September 30 of each year containing infor­mation relative to compensation of law enforce­ment officers employed by it. History~. 7, ch. 74-386.

943.23 Notice of employment; inactive status; reinstatement.-An employing agency shall im­mediately report to the commission the employ­ment, appointment, or termination of employ­ment or appointment of any police officer or of any part-time or auxiliary police officer. In cases of termination it shall be the duty of the employ­ing agency to notify the commission in writing, setting forth in detail the reasons for such termi­nation. Upon receipt of such notification of ter­mination by the commission, the police officer's certificate for employment, as provided for by s. 943.13, s. 943.14 or s. 943.19, shall be deemed temporarily inactive. Before an employing agency may employ a police officer whose certif­icate for employment has become inactive by vir­tue of this section, the employing agency shall contact the commission to determine the eligibil­ity of the police officer for further employment and to inquire as to the reasons the police officer terminated employment with his previous em­ploying agency. If the employing agency, after being informed of the reasons for prior termina­tion of the police officer and of his eligibility for further employment, does in fact employ the po­lice officer, the police officer's certificate of em­ployment shall be reinstated by the commission upon notification of such employment.

Hlstory.-5. 7, ch. 74-386.

943.24 Intent.-( 1) It is the intent of the legislature to

strengthen and upgrade law enforcement in Flo­rida by attracting competent, highly qualified young people for professional careers in this field and to retain well-qualified and experienced offi­cers for the purpose of providing maximum pro­tection and safety to the citizens of, and visitors to, this state.

769

s. 943.24 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

(2) It is the further intent of the legislature to establish a minimum foundation program for law enforcement officers which will provide a state­wide minimum salary for all such officers, to provide state monetary supplement in order to effectuate an upgrading of compensation for all law enforcement officers, and to upgrade the ed­ucational and training standards of such officers.

Hlstory.-s. 7, ch. 74-386.

943.25 Advanced training; program; costs; funding.-

(!) The Division of Standards and Training is directed to establish and supervise, as approved by the commission, an advanced and highly spe­cialized training program for the purpose of training police officers and support personnel in the prevention, investigation, detection, and iden­tification of crime, and, upon request, to instruct law enforcement agencies within this state in these highly advanced and specialized areas.

(2) No fee or other charge shall be assessed against any person, municipality, sheriff, county, or state law enforcement agency for the training, room, or board of any person; said expenses shall be borne by the state. Any compensation to any person during the period of his or her train­ing shall be fixed and determined by the proper authority within the municipality, county, or state law enforcement agency sponsoring the person, and such compensation, if any, shall be paid directly to the person.

(3) All courts created by Art. V of the State Constitution, any court hereafter created, and all municipal courts shall assess $1 as a court cost against every person convicted for violation of a state penal or criminal statute or convicted for violation of a municipal or county ordinance. In addition, $1 from every bond estreature or for­feited bail bond related to such penal statutes or penal ordinances shall be forwarded to the state treasurer as hereinafter described. However, no such assessment shall be made against any per­son convicted for violation of any state statute, municipal ordinance, or county ordinance re­lating to the parking of vehicles. All such costs collected by the aforesaid courts shall be col­lected and remitted to the Department of Reve­nue, in accordance with administrative rules pro­mulgated by the executive director of the Department of Revenue, for deposit in the state treasury and be earmarked to the Department of Criminal Law Enforcement and the trust fund for block grant matching, equally, and be disbursed by the Department of Administration to the Bu­reau of Criminal Justice Planning and Assistance *[of the Division of State Planning of the Depart­ment of Administration] and to the Department of Criminal Law Enforcement, equally, as pro­vided herein. All funds earmarked to the Depart­ment of Criminal Law Enforcement shall be dis­bursed only for those purposes provided for in subsection (7). At such time as matching federal funds are no longer available under the provi­sions of Public Law 90-351, all funds collected shall be earmarked to the Department of Crimi"

nal Law Enforcement. (4) The auditor general is directed in his audit

of municipalities and courts to ascertain that such assessments have been collected and shall report to the legislature annually. All such re­cords of such courts shall be open for his inspec­tion.

(5) Municipalities and counties may assess an additional $1 for law enforcement education ex­penditures for their respective law enforcement officers.

(6) All funds which have accumulated to the Florida Police Academy Fund as of August 1, 1974, shall be transferred and made available to the Department of Criminal Law Enforcement for implementation of training programs and training facilities. No such funds, or funds from any other source, shall be expended for the plan­ning or construction of any new facility or ex­pansion of any existing facility without the spe­cific prior approval of the legislature, designating the location and the amount to be expended for the training facility. However, this shall not pro­hibit the expenditure of any such funds for es­tablishment or construction of, or improvements to, any facility for law enforcement training on a regional basis.

(7) The Department of Administration is au­thorized to approve, for disbursement from funds allocated for, and which are credited to, the Department of Criminal Law Enforcement, those sums necessary and required for the imple­mentation of the training programs and training facilities submitted by the department and ap­proved by the commission.

(8) A trust fund for block grant matching by the state is created under the administration of the Bureau of Criminal Justice Planning and As­sistance *[of the Division of State Planning of the Department of Administration]. Disburse­ment of said funds shall be made for the purpose of matching, implementing, and qualifying for the 1969 matching federal funds provided under the provisions of Public Law 90-351 for the 90th Congress of the United States, referred to as the "Omnibus Crime Control and Safe Streets Act of 1968." The Department of Administration is au­thorized to approve, for disbursement from said trust fund, those sums necessary and required by the state for block grant matching federal funds on grants approved pursuant to said Public Law 90-351.

(9)(a) The department, either by contract or agreement, may authorize any state university or community college in the state, or any other or­ganization, to provide training *[for,] or facilities for training, peace officers, which training shall include, but not be limited to, police techniques in detecting crime, apprehending criminals, and securing and preserving evidence.

(b) .All law enforcement officers selected by the various law enforcement agencies, if their se­lection is approved by the department, shall re­ceive such training without cost.

History.---<!. 8, ch. 74-386.

770

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 943.31

*Note--Bracketed language inserted by the editors in the interest of clarity.

943.26 Division of Local Law Enforcement Assistance.-There is created a Division of Local Law Enforcement Assistance within the Depart­ment of Criminal Law Enforcement. The division shall be supervised by a director who shall be employed upon the recommendation of the exec­utive director. The division, upon the direction of the executive director of the department, shall be authorized to:

(1) Adopt and recommend cooperative poli­cies for the coordination of the law enforcement work of all state, county, and municipal agencies possessing law enforcement responsibilities.

(2) Upon request of a sheriff or police chief, assist the requesting agency by providing consul­tation, research and planning assistance, or field technical services, and may engage in such other activities as will aid local law enforcement offi­cers in preventing or solving crimes and control­ling criminal activity.

History.--<~. 9, ch. 74-386.

943.27 Local Law Enforcement Advisory Council.-

( I) There is created a Local Law Enforcement Advisory Council within the Department of Criminal Law Enforcement. The council shall be composed of six members, consisting of three sheriffs and three police chiefs.

(2) Members shall be appointed by the gover­nor for tenns of 3 years, except that in the first appointment under this section, one sheriff and one police chief shall be appointed for tenns of 1 year, one sheriff and one police chief for tenns of 2 years, and one sheriff and one police chief for tenns of 3 years; and the tenns of such members shall be designated by the governor at the time of appointment. No appointive member shall serve beyond the time he ceases to hold the of­fice or employment by reason of which he was eligible for appointment to the council. Any member afpointed to fill a vacancy *[occurring] because o death, resignation, or ineligibility for membership shall serve only for the unexpired tenn of his predecessor or until a successor is appointed and qualifies.

(3)(a) The council shall annually elect its chainnan and other officers from its member­ship.

(b) The council shall hold at least four regular meetings each year and such other meetings as may be called by the chairman or upon the writ­ten request of three members of the council. A majority of the members of the council consti­tutes a quorum.

(4) Membership on the council shall not dis­qualify a member from holding any other public office or from being employed by a public entity. The legislature finds that the council serves a state, county, and municipal purpose and that service on the council is consistent with a mem­ber's principal service in a public office or em­ployment.

(5) Members of the council shall serve with­out compensation, but shall be entitled to be reimbursed for per diem and traveling expenses as provided by s. 112.061.

Hlstory.-6. 9, ch. 74-386. *Note.-Bracketed language inserted by the editors in the interest of

clarity.

943.28 General powers and duties; Local Law Enforcement Advisory Council.-The council shall develop and recommend operating policies and procedures for the Division of Local Law En­forcement Assistance in:

(1) Promoting cooperation between all law enforcement agencies in securing efficient and effective law enforcement.

(2) Eliminating duplication of effort. (3) Promoting economy of operation in law

enforcement agencies. (4) Developing and promoting a program of

crime prevention. (5) Consulting and cooperating with munici­

pal, county, and state law enforcement agencies in identifying resources which may be shared with local law enforcement agencies upon the re­quest of a sheriff or police chief and recommend­ing policies and procedure for their use to the Di­vision of Local Law Enforcement Assistance.

Hlstory.-6. 9, ch. 74-386.

943.29 Division of Staff Services.-There is created a Division of Staff Services *[within the Department of Criminal Law Enforcement]. The division shall be supervised by a director who shall be employed upon the recommendation of the executive director. The division shall estab­lish a system of administrative and technical ser­vices for the department.

Hlstory.-6. 12, ch. 74-386. *Note.-Bracketed language inserted by the editors in the interest of

clarity.

943.31 Legislative intent.-The legislature finds and declares that:

( 1) The existing crime laboratory system is inadequate or virtually nonexistent in certain areas of the state, while other areas are capably being served.

(2) Inadequate crime laboratory services pro­duce a detrimental effect on the criminal justice system, in that vital evidence may not be timely and expertly analyzed.

(3) Local law enforcement agencies in areas without sufficient crime laboratory services have voiced a need for such services, and statistics based on population, number of law enforcement officers, and the incidence of crimes for which laboratory analysis is necessary document this need.

(4) It is the intent of the legislature to: (a) Provide a statewide criminal analysis lab­

oratory system to meet the needs of the criminal justice agencies.

(b) Provide state-operated laboratories in cer­tain regions of the state where a distinct need for a significant level of laboratory services has been established.

771

s. 943.31 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

(c) Provide financial assistance to certain other crime laboratories presently in existence and adequately serving the needs of specific por­tions of the state.

Hlstooy.-s. I, ch. 74-362.

943.32 Statewide criminal analysis laboratory system.-There shall be established a statewide criminal analysis laboratory system to be com­posed of:

(1) The state-operated laboratories under the jurisdiction of the Department of Law Enforce­ment in Jacksonville, Pensacola, Tallahassee, Tampa, and such other areas of the state as may be necessary;

(2) The existing locally funded laboratories in Broward, Dade, Palm Beach, Indian River, and Seminole Counties, specifically designated in s. 943.35 to be eligible for state matching funds; and

(3) Such other laboratories as render criminal analysis laboratory services to criminal justice agencies in the state.

Hlstooy.-s. 2, ch. 74-362.

943.33 State-operated criminal analysis labo­ratories.-The state-operated laboratories shall furnish laboratory service upon request to law enforcement officials in the state. The services of such laboratories shall also be available to any defendant in a criminal case upon showing of good cause and upon order of the court with ju­·risdiction in the case. The court may assess the costs of such service to the defendant or local public defender's office.

Hlstooy.-s. 4, ch. 74-362.

943.34 Powers and duties of department in re­lation to state-operated laboratories.-The de­partment shall exercise full operational control of the state-operated laboratories and shall exer­cise, among others, the power and duty to:

(1) Establish the organizational structure of such laboratories to include the designation of the geographical regions which the laboratories shall serve.

(2) Establish policy and procedures to be em­ployed by the laboratories.

(3) Promote coordination, cooperation, and standardization between the various state­operated laboratories.

(4) Promote cooperation between the state­operated laboratories and other criminal analysis laboratories in the state in order to achieve a co­ordinated statewide system of criminal analysis laboratory services to serve all geographic areas of the state.

(5) Establish standards of education and ex­perience for professional and technical personnel employed by the state-operated laboratories.

(6) Adopt internal procedures for the review and evaluation of state-operated laboratory ser­vices.

Hlstooy.-s. 5, ch. 74-362.

943.35 Matching funds for existing laborator­ies.-

(1) The following existing criminal analysis laboratories shall be eligible for receipt of state matching funds:

(a) The Broward County Sheriffs Crime Lab­oratory;

(b) The Dade County Department of Public Safety Crime Laboratory;

(c) The Palm Beach County Crime Labora­tory;

(d) The Region IV Crime Laboratory in Semi­nole County; and

(e) The Indian River Crime Laboratory. (2) The state shall provide matching funds

not to exceed 75 percent of the operating cost of such laboratories previously enumerated. The state shall match only that portion of the operat­ing budget which is from local contributions. The following functions are not to be considered lab­oratory operations for the purpose of appropriat­ing state matching funds:

(a) Identification photography; (b) Identification of fingerprints,

latent; (c) Polygraph; (d) Electronic surveillance; (e) Crime scene technicians; and (f) Medical examiners.

These functions shall be excluded for the pur­pose of providing matching funds, \lnless such functions become included in the state-operated system at a later time.

lflstory.-s. 6, ch. 74-362.

943.36 Submission of annual budget.-( I) For the purpose of providing matching

funds, each laboratory designated in s. 943.35 shall submit to the Department of Administra­tion, on or before November 1, a written report containing an estimate in itemized form showing the amount needed for operational expenses for the fiscal year beginning July 1 thereafter. Each such estimate shall itemize the expenditures re­quired for the laboratory submitting it. The re­port shall indicate the portion of operating ex­penses to be funded by utilizing federal funds and that portion utilizing local funds. The report shall specify the amount of the local appropria­tion to be used as the basis for computing the state's matching contribution.

(2) The form of such reports shall be pre­scribed by the Department of Administration.

(3) Laboratories which are partially funded by the state shall continue to be locally operated but shall provide services when possible to any law enforcement official, upon request.

Hlstory.-s. 7, ch. 74-362.

943.37 Option to become state-operated labo­ratory; operational controL-

( I) Those laboratories specified in s. 943.35 may submit to the Department of Criminal Law Enforcement a request to become state-operated laboratories. Such request shall include an offer

772

s. 943.37 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 943.43

to convey to the state the laboratory facility, in­cluding the physical plant, fixtures, equipment, and property on which such facility is located.

(2) The Department of Criminal Law Enforce­ment shall evaluate the request and make a de­termination based on the crime laboratory needs of the state. If the department concurs with the request, a plan for the transfer_ of the laboratory shall be jointly developed between representa­tives of the department and the chief of such lab­oratory or his designated representative. Such transfer plan shall include:

(a) A provision to allow any employee of such laboratory to maintain his position, or a position with comparable duties, with no de­crease in pay for a reasonable transition period.

(b) A provision specifying the duration of the transition period.

(c) A provision to insure that there shall be no reduction in the level of services provided by the laboratory during the transition period. Im­plementation of the transfer plan is conditioned upon the approval of the governor through inclu­sion of the expenses entailed in such transfer in his budget recommendations to the legislature and the legislature approving such recommenda­tion.

(3) At such time as the state assumes the full financial responsibility for the operation of the laboratory, the Department of Criminal Law En­forcement will assume operational control, sub­ject to the provisions of the transfer plan. The laboratory facility, including the physical plant, fixtures, equipment, and property on which such facility is located, shall be conveyed to the state upon assumption of full financial responsibility by the state.

HllltAJry.-<15. 8, 9, ch. 74-362.

943.38 Creation of Crime Laboratory Coun­cn.-

( 1) There is created a Crime Laboratory Council within the Department of Criminal Law Enforcement. The council shall be composed of 10 members, to be appointed by the governor, consisting of two sheriffs, three police chiefs, three laboratory directors, and educator in the field of forensic science or criminology, and a state attorney.

(2) Members shall be appointed for terms of 2 years.

(3) The governor, in appointing the members, shall take into consideration representation by geography, population, and any other relevant factors in order that the representation on the council will be apportioned to give representa­tion to the state at large rather than to a particu­lar area.

HllltAJry.-s. 10, ch. 74-362.

943.39 Crime Laboratory Councll; organiza­tion; meetings; compensation.-

(1) As soon as possible after July 1, 1974, the governor shall appoint the 10 members required by s. 943.38. Thirty days after such appointments have been made, the council shall hold its first

meeting. The council shall at this time elect its chairman and other officers.

(2) The council shall meet at the call of the chairman, upon the written request of three members of the council, or at the call of the ex­ecutive director of the Department of Criminal Law Enforcement. A majority of the members of the council constitutes a quorum.

(3) Members of the council shall serve with­out compensation but shall be entitled to be reimbursed for per diem and traveling expenses as provided by s. 112.061.

Hlstory.-ss. 12, 13, ch. 74-362.

943.40 Duties of Crime Laboratory CounciL­The council shall serve in an advisory capacity to the Department of Criminal Law Enforcement. The council shall provide advice and make rec­ommendations as necessary to improve the oper­ation of the laboratories.

H!Rory.-s. 11, ch. 74-362.

*943.41 Short title; definftion.-(1) Sections 943.41-943.44 shall be known

and may be cited as the "Florida Uniform Con­traband Transportation Act."

(2) As used in ss. 943.41-943.44, "contraband article" means:

(a) Any controlled substance as defined in chapter 893.

(b) Any gambling paraphernalia, lottery tick­ets, money, and currency used or intended to be used in the violation of the gambling laws of the state. .

(c) Any equipment, liquid or solid, which is being used or intended to be used in violation of the beverage or tobacco laws of the state.

(d) Any motor fuel upon which the motor fuel tax has not been paid as required by law.

Hlstory.-ss. I, 2, ch. 74-385. •Note.-Effective October I, 1974.

*943.42 Unlawful to transport, conceal, or possess contraband articles; use of vessel, motor vehicle, or afrcraft.-It is unlawful:

(I) To transport, carry, or convey any contra­band article in, upon, or by means of any vessel, motor vehicle, or aircraft.

(2) To conceal or possess any contraband ar­ticle in or upon any vessel, motor vehicle, or air­craft.

(3) To use any vessel, motor vehicle, or air­craft to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of any contraband article.

Hlstory.-s. 2, ch. 74-385. •Note.-Effective October I, 1974.

*943.43 Forfeiture of vessel, motor vehicle, or aircraft; exceptions.-Any vessel, motor vehicle, or aircraft which has been or is being used in vi­olation of any rrovision of s. 943.42 or in, upon, or by means o which, any violation of said sec­tion has taken or is taking place shall be seized and may be forfeited. No vessel, motor vehicle,

773

s. 94:i43 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 943.44

or aircraft used by any person as a common car­rier in the transaction of business as a common carrier nor any other vessel, motor vehicle, or aircraft shall be forfeited under the provisions of ss. 943.41-943.44, unless the owner or person le­gally in charge of such vessel, motor vehicle, or aircraft was at the time of the alleged illegal act a consenting party or privy thereto. No vessel, motor vehicle, or aircraft shall be forfeited under the provisions of ss. 943.41-943.44 by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such vessel, motor vehicle, or aircraft was unlawfully in the possession of a person who acquired pos­session thereof in violation of the criminal laws of this state or any political subdivision thereof, any other state, or the United States.

l&tA!ry.-s. 3, ch. 74-385. *Note.-Eifectlve October I, 1974.

*943.44 Forfeiture proceedlngs.-(1) The state attorney within whose jurisdic­

tion the vessel, motor vehicle, or aircraft has been seized because of its use or attempted use in violation of any provisions of law dealing with contraband as herein defined may proceed against the vessel, motor vehicle, or aircraft by rule to show cause in the circuit court within the jurisdiction in which the offense occurred and may have such vessel, motor vehicle, or aircraft forfeited to the use of, or to be sold by, the law enforcement agency making the seizure, upon producing due proof that the vessel, motor vehi­cle, or aircraft was being used in violation of the provisions of said law. However, the provisions of this section shall not apply to innocent parties or destroy any valid lien or retain title contract on vessels, motor vehicles, or aircraft as defined by existing registration law, and the notation of a lien upon the face of the certificate of title shall be deemed prima facie valid. The seizing agency may release said vessel, motor vehicle, or air­craft to the innocent party or lienholder upon the filing of a sworn affidavit by said innocent party or lienholder that he had no knowledge of the al­leged violation causing such seizure and upon then producing a valid certificate of title.

(2) When it appears by affidavit that the resi­dence of the owner of the vessel, motor vehicle, or aircraft is out of the state or is unknown to the state attorney, the court shall appoint an at­torney at law to represent the absent owner against whom the rule shall be tried contradicto­rily within 10 days after its filing. This affidavit may be made by the state attorney or one of his assistants. The attorney so appointed may waive service and citation of the petition or rule, but shall not waive time nor any legal defense.

(3) Whenever the head of the law enforce­ment agency effecting the forfeiture deems it necessary or expedient to sell the property for­feited rather than retain it for the use of the law enforcement agency, he shall cause a notice to be made by publication as provided by law and thereafter shall: dispose of said property at public

auction to the highest bidder for cash without appraisal.

(4) Upon the sale of any vessel, motor vehi­cle, or aircraft, the state shall issue a title certifi­cate to the purchaser subject to any existing valid liens or retain title contract.

(5) The proceeds of all funds collected from any such sale shall be paid into the fine and for­feiture fund of the municipality or county whose law enforcement agency made the seizure, forfei­ture, and sale.

Hlst«y.-s. 4, ch. 74-385. *Note.-Effectlve October 1, 1974.

CHAPTER944

FLORIDA CORRECTIONS CODE

944.012 944.02 944.023 944.024 944.025 944.026

944.062 944.09

944.23

944.28

944.291

944.292 944.293

944.551

944.56

944.57

944.58 944.581 944.582 944.583

944.584

944.585

944.586

944.587

944.588

944.589

Legislative intent. (New) Definitions. Correctional Improvement Plan. (New) Adult intake and evaluation. (New) Pretrial intervention program. (New) Community-based facilities and pro-

grams. (New) Reception and medical center. Supervision of offenders committed to

the division; rules and regulations; punishment.

Persons authorized to visit state pris­ons.

Forfeiture of gain-time and right to earn gain-time in the future.

Prisoner released by reason of gain­time allowances.

Suspension of civil rights. (New) Initiation of restoration of civil rights.

(New) Bureau of Vocational Education and

Career Development created; coordi­nation with other agencies. (New)

Vocational Training and Employment Opportunities Advisory Council; com­position; purposes. (New)

Manpower development programs. (New)

Definitions; ss. 944.581-944.593. (New) Correctional Standards Council. (New) General powers of the council. (New) Special powers; correctional officer

training. (New) Correctional officers; qualifications for

employment. (New) Correctional officer training program

established. (New) Reimbursement of employing agency

by council. (New) Payment of tuition by employing

agency. (New) Inservice training and promotion; par­

ticipation, grants. (New) Financing of council. (New)

774

s. 944.012 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 944.023

Salary scale study; report, recommen-dation. (New)

Intent. (New) Saving clause. (New) Qualifications and standards above

minimum. (New)

944.012 Legislative intent.-The legislature hereby finds and declares that:

(1) Florida spends each year in excess of $60 million for its state correctional system, but Flo­rida citizens have not received a fair return on that investment. Florida correctional institutions have contributed little to the reduction of crime. To the contrary, crime rates continue to rise; re­cidivism rates are notoriously high; and large prisons have for the most part become schools for crime, making successful reintegration into the community unlikely.

(2) It is clear thai major changes in correc­tional methods are required. It is essential to abate the use of large institutions and continue the development of community-based correc­tions; to equip judges with more effective evalua­tive tools to deal with the criminal offender; and to provide alternatives to institutionalization, in­cluding the availability of probationers' resi­dences and community correctional centers.

(3) . One ?f. t~e chief factors contributing to the high recidiVIsm rate m the state is the gen­eral inability of ex-offenders to find or keep meaningful employment. Although 90 percent of all offenders sent to prison return to society one day, the correctional system has done little to provide the offender with the vocational skills he needs to return to society as a productive citizen. This failure virtually guarantees the probability of return to crime. Vocational training and assis­tance in job placement must be looked to on a priority basis as an integral part of the process of changing deviant behavior in the institutional­ized offender, when such change is determined to be possible.

(4) These changes must not be made out of sympathy for the criminal or out of disregard of the threat of crime to society. They must be made precisely because that threat is too serious to be countered by ineffective methods.

(5) In order to make the correctional system an efficient and effective mechanism, the various agencies involved in the correctional process must coordinate their efforts. Where possible, in­teragency offices should be physically located within major institutions and should include rep­resentatives of the Florida State Employment Service, the Division of Vocational Rehabilita­tion, and the Parole and Probation Commission. Duplicative and unnecessary methods of evaluat­ing offenders must be eliminated and areas of re­sponsibility consolidated in order to more eco­nomically utilize present scarce resources.

(6) It is the intent of the legislature: (a) To provide a mechanism for the early

identification, evaluation, and treatment of beha­vioral disorders of adult offenders coming into contact with the correctional system.

(b) To separate dangerous or repeat offenders from nondangerous offenders, who have poten­tial for rehabilitation, and place dangerous of­fenders in secure and manageable institutions.

(c) When possible, to divert from expensive institutional commitment those individuals who, by virtue of professional diagnosis and evalua­tion, can be placed in less costly and more effec­tive environments and programs better suited for their rehabilitation and the protection of society.

(d) To make available to those offenders who are capable of rehabilitation the job-training and job-placement assistance they need to build meaningful and productive lives when they re­turn to the community.

(e) To provide intensive and meaningful su­pervision for those on probation so that the con­dition or situation which caused the person to commit the crime is corrected. Hlstoey.~. 2, ch. 74-1 !2.

944.02 Definitions.-The following words and phrases used in this chapter shall, unless the context clearly indicates otherwise, have the fol­lowing meanings:

(I) "Correctional system" means all prisons and other state correctional institutions now ex­isting or hereafter created under the jurisdiction of the division.

(2) "Department" means the Department of Health and Rehabilitative Services.

(3) "Division" means the Division of Correc­tions of the Department of Health and Rehabili­tative Services.

(4) "Commission" means the Parole and Pro­bation Commission.

(5) "Director" means the director of the Division of Corrections.

(6) "Prisoner" means any person who is un­der arrest and in the lawful custody of any law enforcement official, or any person convicted and sentenced by any court and committed to any municipal or county jail or state prison, prison farm, or penitentiary, or to the custody of the division, as provided by law.

(7) "State correctional institution" means any prison, road camp, prison industry, prison fores­try camp, or any prison camp or prison farm or other correctional facility, temporary or perma­nent, in which prisoners are housed, worked or maintained, under the custody and jurisdiction of the division. History.~. I, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 6&-106;

ss. I, 2, ch. 70-441; s. I, ch. 71-345; s. 283, ch. 71-377; s. 3, ch. 74-112.

944.023 Correctional Improvement Plan.-(1) By January 1, 1975, the department and

the commission shall jointly submit to the legis­lature for its approval a detailed plan for the op­eration of the Florida Correctional System. Pur­suant to the requirements of this section, there shall be included in the plan:

(a) A detailed analysis and inventory of exist­ing programs, facilities, and services dealing with the correction of the criminal offender.

775

s. 944.023 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

(b) Comprehensive information relating to: 1. Population trends. 2. Judicial practices. 3. Offender profiles. . . 4. Service-area resources, needs, and capablli­

ties. 5. Detention capacity. 6. Residential and nonresidential community

programs. . . . (c) An estimate of all direct and mdirect oper­

ating expenditures and the availability of federal matching moneys to e!fect the intent of this chapter, said cost estunates to be proJec~ed through 5 consecutive fiscal years commencmg with fiscal year commencing July 1, 1975.

The plan shall clearly define the operational roles and functional responsibilities of the department and the commission as each may be affected by the provisions of the plan.

(2) It shall be the duty of the department to: (a) Develop a pi~ fo~ the d~~~ntralizatio~ of

reception and classtfi~ation facilities. for t~e un­plementation of a regiOnally based diagnosis and evaluation capability for adult offenders. The plan shall provide for a system of psychological testing and evaluation as well as medical screen­ing through department ~esource~ or with t_he commission or other public or pnvate agenctes through a purchase-of-services agreement. Prior­ity in planning shall be given to the placement and location of facilities and programs in regions of the state representative of the geographic ori­gin of commitments to the prison system.

(b) Develop plans for comprehensive voca­tional and educational training of offenders and their evaluation within each institution, program, or facility of the division, based upon the identi­fied needs of the offender and the requirements of the employement market to which he shall re­turn upon release.

(c) Develop a plan for the utilization of local jail facilities as short-term confinement resources of the division for offenders with sentences of 3 years or less and for the integration of detention services with community-based programs. In­cluded in this plan shall be the designation of such facilities and programs within a regional framework of the state.

(d) Develop a detailed study of methods to implement diversified alternatives to institution­alization when such alternatives can be safely utilized.

(3) It shall be the duty of the commission to develop, jointly with the department, a mecha­nism for the evaluation of adult offenders com­ing before the courts of the state and *[of] those individuals under the parole or probation super­vision of the commission. Priority in the plan shall be given to:

(a) The utilization of community-based re­sources of the commission and the department for pretrial intervention analysis or presentence evaluation.

(b) A purchase-of-services arrangement with public or private agencies capable of providing

the necessary diagnostic programs. (c) The development of a diagnostic and eval­

uation mechanism internal to the programs of the commission.

(4) Each year, commencing with the 1976 fis­cal year, the department and the commission shall each render a written report to the legisla­ture, updating the Correctional Improvement Plan, making recommendations for modification or improvement, and giving a detailed analysis of the manner and method, including funding, by which the legislature can continue to implement the overall goals of the Correctional Improve­ment Plan. l&tory.~. 4, ch. 74-112. •Note.-"Of' substituted for ''for" by the editors.

944.024 Adult intake and evaluation.-The state system of adult intake and evaluation shall include:

( 1) The performance of pretrial investigation when applicable.

(2) Assistance in the evaluation of offenders for diversion from the criminal justice system or referral to residential or nonresidential pro­grams.

(3) The provision of secure detention services for pretrial detainees who are unable to comply with the conditions of release established by the court or who represent a serious threat to the community.

(4) The provision of diagnostic, evaluation, and classification services at the presentence stage to assist the court, the commission, and the department in planning programs for rehabil­itation of convicted offenders.

(5) The performance of postsentence intake by the department. Any physical facility estab­lished by the department for the intake and eval­uation process prior to the offender's entry into the correctional system shall provide for specific office and work areas for the staff of the com­mission. The purpose of such a physical center shall be to combine in one place as many of the rehabilitation-related functions as possible, in­cluding pretrial and posttrial evaluation, ~le and probation services, vocational rehabilitation services, family assistance services of the Divi­sion of Family Services, and all other rehabilita­tive and correctional services dealing with the of­fender. l&tory.~. 5, ch. 74- 112.

d.~. 944.026 Community-based facilities and programs.

944.025 Pretrial intervention program.-( 1) The commission shall supervise pretrial

intervention programs. Such programs shall pro­vide appropriate counseling, education, supervi­sion, and medical and psychological treatment as available and when appropriate for the persons released to such programs.

(2) Any first offender who is charged with any misdemeanor or felony of the third degree is eligible for release to the pretrial intervention program on the approval of the administrator of the program and the consent of the victim, the

776

s. 944.025 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 944.062

state attorney, and the judge who presided at the initial appearance hearing of the offender. In no case, however, shall any individual be so re­leased unless, after consultation with his attor­ney or one made available to him if he is indi­gent, he has voluntarily agreed to such program and has knowingly and intelligently waived his right to a speedy trial for the period of his diver­sion. In no case shall the defendant or his imme­diate family personally contact the victim or his immediate family to acquire the victim's consent under the provisions of this act.

(3) The criminal charges against an individual admitted to the program shall be continued with­out final disposition for a period of 90 days from the date the individual was released to the pro­gram, if the offender's participation in the pro­gram is satisfactory, and for an additional 90 days upon the request of the program adminis­trator and consent of the state attorney, if the of­fender's participation in the program is satisfac­tory.

(4) Resumption of pending criminal proceedings shall be undertaken at any time if the program administrator or state attorney finds such individual is not fulfilling his obligations un­der this plan or if the public interest so requires.

(5) At the end of the intervention period, the administrator shall recommend:

(a) That the case revert to normal channels for prosecution in instances in which the of­fender's participation in the program has been unsatisfactory;

(b) *[The offender] is in need of further su­pervision; or

(c) That dismissal of charges without preju­dice shall be entered in instances in which prose­cution is not deemed necessary.

The state attorney shall make the final determination as to whether the prosecution shall continue.

(6) The chief judge in each circuit may ap­point an advisory committee for the pretrial in­tervention program. Said committee shall be composed of the chief judge or his designate, who shall serve as chairman; the state attorney, public defender, and program administrator, or their representatives; and such other persons as the chairman shall deem appropriate. The com­mittee may also include persons representing any other agencies to which persons released to the pretrial intervention program may be re­ferred.

(7) the commission may contract for the ser­vices and facilities necessary to operate pretrial intervention programs.

Hlstory.---s. 6, ch. 74-112. •Note.-"The offender" substituted for "he" by the editors.

944.026 Community-based facilities and pro­grams.-

(1) In addition to those facilities and services described elsewhere in this chapter, the depart­ment shall develop, provide, or contract for a statewide system of community-based facilities,

services, and programs dealing with the rehabili­tation of offenders, which shall include, but shall not necessarily be limited to:

(a) A system of community correctional cen­ters to be located at various places throughout the state as required. The purpose of these cen­ters is to facilitate the reintegration of offenders back into the community by means of participa­tion in various work-release, study-release, or other community rehabilitation programs. How­ever, no facility shall be constructed, leased, or purchased in any county until public hearings have been held in that county. Such public hear­ings shall be pursuant to uniform rules adopted by the department.

(b) Adult intake and evaluation programs and services where required. It is the intent of this subsection to decentralize the intake and evalua­tion function of the corrections system so that intake services are located in urban areas of the state. For the purpose of this act the term "in­take and evaluation services" may include a physical center, programs and services carried out in municipal or county jails or other areas of local communities, or a combination of the above.

(c) Drug treatment facilities or services pro­viding in part for secure detention as a part of facilities serving major population centers.

(2) The following facilities or services shall be provided or contracted for by the commission in coordination with the department:

(a) Residential facilities in Dade, Broward, Palm Beach, Duval, Escambia, Leon, Orange, Brevard, Hillsborough, Pinellas, Sarasota (or Ma­natee), and Polk Counties, in which probationers, participants in pretrial intervention programs, and others committed to or under the supervi­sion of the commission may reside while work­ing or attending school. A plan shall be estab­lished for the phasing-in of these residential facilities over a period of 5 years from July 1, 1974. The purpose of these facilities and services is to provide the court with an alternative to commitment to other state correctional institu­tions and to assist in the supervision of proba­tioners.

(b) Pretrial intervention programs in appro­priate counties to provide early counseling and supervision services to specified first offenders.

Hlstory.---s. 7, ch. 74-112. d.---s. 944.024 Adult intake and evaluation.

944.062 Reception and medical center.-( 1) The Lake Butler Reception and Medical

Center may serve as a medical center or a re­gional intake and evaluation center, be converted into any other suitable facility, or serve a combi­nation of any such purposes.

(2) On or before July 1, 1976, a minimum of four intake and evaluation programs shall be es­tablished, utilizing existing or planned facilities or resources wherever possible. In this regard, the division shall consider as a priority the use of existing municipal or county jails for this pur­pose wherever practicable.

777

s. 944.062 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

Hlstory.-s. I, ch. 67-100; ss. 19, 35, ch. 69-106; ss. I, 2, ch. 70-441; s. 25, ch. 74-112.

944.09 Supervision of offenders committed to the division; rules and regulations; punishment.­

(1) All persons committed to the division shall be supervised by the division.

(2) The division shall publish rules and regu­lations and make a copy available for review by each employee and inmate. The rules and regula­tions shall include or relate to:

(a) The rights of inmates. (b) The rules of conduct to be observed by in­

mates and the categories of violations according to degrees or levels of severity as well as the de­grees of punishment applicable and appropriate to such violations.

(c) Disciplinary procedures and punishment. (d) Grievance procedures. (e) The operation and management of the

correctional institution or facility and its person­nel and functions.

(f) Mail to and from the state correctional system.

(3) Regulations of the division shall be adopted and filed with the Department of State as provided in chapter 120.

(4) It shall be the duty of the superintendents to supervise the government, discipline, and pol­icy of the state correctional institutions and to enforce all orders, rules, and regulations.

(5) The division shall cause a record to be kept of violations of rules of conduct, the rule or rules violated, the nature of punishment adminis­tered, the authority ordering such punishment, the duration of time during which the offender was subjected to punishment, and the condition of the prisoner's health.

14~~4-lfi.7, ch. 57-121; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s.

944.23 Persons authorized to visit state pris­ons.-The following persons shall be authorized to visit at their pleasure all state correctional in­stitutions: The governor, all cabinet members, members of the legislature, judges of state courts, state attorneys, public defenders, and au­thorized representatives of the commission. No other person not otherwise authorized by law shall be permitted to enter a state correctional institution except under such regulations as the division may prescribe. Permission shall not be unreasonably withheld from those who give suf­ficient evidence to the division that they are bona fide reporters or writers.

Hlstory.-s. 21, ch. 57-121; ss. 19, 35, ch. 69-106; s. 19, ch. 74-112.

944.28 Forfeiture of gain-time and right to earn gain-time in the future.-

(1) If a prisoner is convicted of escape, or if the clemency or parole granted to him is re­voked, .the division may, without notice or hear­ing, declare a forfeiture of all gain-time earned and eXtra gain-time allowed such prisoner, if any, prior to such escape or his release under such clemency or parole, as the case may be.

(2)(a) All or any part of the gain-time earned by a prisoner and extra gain-time allowed him, if any, shall be subject to forfeiture if such prisoner shall unsuccessfully attempt to escape, or assault another person, or threaten or knowingly endan­ger the life or person of another person, or by action or word refuse to carry out any instruc­tion duly given to him, or neglect to perform the work, duties, and tasks assigned to him in a faithful, diligent, industrious, orderly, and peace­ful manner, or violate any law of the state or any rule or regulation of the division or institution.

(b) The method of forfeiting gain-time which is subject to forfeiture under paragraph (a) of this subsection shall be as follows: A written charge shall be prepared, which shall specify the misconduct upon which it is based and the ap­proximate date thereof. A copy of such charge shall be delivered to the prisoner and he shall be given notice of a hearing before the disciplinary committee created under the authorization of the rules and regulations heretofore or hereafter adopted by the division, for the institution in which he is confined. He shall be present at such hearing. If at such hearing the prisoner pleads guilty to the charge or such committee deter­mines from the proof presented that he is guilty thereof, it shall find him guilty; and, if it consid­ers that all or a part of the prisoner's gain-time and extra gain-time should be forfeited, it shall so recommend in its written report, which shall be presented to the superintendent of the institu­tion. If such superintendent approves such rec­ommendation in whole or in part, he shall so in­dicate over his signature on the report, and forward the report to the division. The division may thereupon, at its discretion, declare the for­feiture thus approved by the superintendent, or any part thereof.

(3)(a) A prisoner's right to earn gain-time during all or any part of the remainder of the sentence or sentences under which he is impris­oned may be declared forfeited because of the se­riousness of a single instance of misconduct for which all of his earned gain-time and extra gain­time, if any, have been forfeited or because of the seriousness of an accumulation of instances of misconduct, each of which has resulted in the forfeiture of all or a part of his earned gain-time and extra gain-time.

(b) The method of declaring such a forfeiture shall be as follows: A written charge shall be prepared, which shall specify each instance of misconduct upon which it is based, the approxi­mate date thereof, and the amount of gain-time forfeited on account thereof. A copy of such charge shall be delivered to the prisoner and he shall be given notice of a hearing before the dis­ciplinary committee created under the authoriza­tion of rules and regulations heretofore or here­after adopted by the division, for the institution in which he is confined. Such notice shall specify that such hearing will be held for the purpose of determining whether such committee shall re­commend a forfeiture of the prisoner's right to earn gain-time during all or a part of the remain-

778

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 944.56

of his sentence or sentences. If at such hear­the prisoner pleads guilty to the charge or

such committee determines that he is guilty thereof upon the basis of proof presented at such hearing, it shall find him guilty; and, if it consid­ers that the misconduct of which the prisoner is thus found guilty is serious enough, it may re­commend in its written report the forfeiture of the prisoner's right to earn gain-time during all or some specified part of the remainder of his sentence or sentences. Such report shall be pre­sented to the superintendent of such institution, who may approve such recommendation in whole or in part by endorsing such approval on such report. In the event of such an approval, the superintendent shall forward such report to the division. Thereupon, the division may, in its discretion, declare the forfeiture thus approved by the superintendent or any specified part thereof.

(4) Upon the recommendation of the superin­tendent, the division may, in its discretion, re­store all or any part of any gain-time forfeited under this section.

(5) In order to facilitate the speedy adminis­tration of the gain-time program, the division may delegate to one of its agents the functions, duties, and powers of the division under this sec­tion.

Hlstory.-s. 26, ch. 57-121; s. 18, ch. 61-530; s. 2, ch. 63-243; s. I, ch. 65-197; ss. 19, 35, ch. 69-106; s. 20, ch. 74-112.

944.291 Prisoner released by reason of gain­time allowances.-

(1) A prisoner who has served his term or terms, less allowable statutory gain-time deduc­tions and extra good-time allowances, as pro­vided by law, shall, upon release, be under the supervision and control of the commission as if on parole, but in no event shall such supervision extend beyond the maximum term or terms for which he was actually sentenced.

(2) The provisions of this section shall not ap­ply to prisoners who, at the time of sentence, could not have earned at least 180 days' gain­time.

Hlstory.-s. I, ch. 67-421 ; s. 21 , ch. 74-112.

944.292 Suspension of civil rights.-Effective July 1, 1974, upon conviction for a felony, the civil rights of the person convicted shall be sus­pended until he is discharged from parole or re­leased from the custody of the department with­out parole, at which time such civil rights are automatically reinstated. The only civil rights which shall be suspended by conviction are the rights to vote, hold public office, and serve on a jury.

Hlstory.-s. 28, ch. 74-112.

944.293 Initiation of restoration of civil rights. -With respect to those persons convicted of a felony prior to July 1, 1974, the following proce­dure shall apply: Prior to the time an offender is discharged from supervision, an authorized agent of the division or the commission, whichever is

applicable, shall obtain from the Pardon Board the necessary application and other forms re­quired for the restoration of civil rights. The au­thorized agent shall assist the offender in com­pleting these forms and shall insure that the application and all necessary material are for­warded to the Pardon Board before the offender is discharged from supervision.

Hlstory.--6. 29, ch. 74-112.

944.551 Bureau of Vocational Education and Career Development created; coordination with other agencies.-

( 1) There is created in the division a Bureau of Vocational Education and Career Develop­ment. The head of the bureau shall be a deputy director for vocational education and career de­velopment.

(2) The purpose of the bureau is to coordi­nate and develop job training and job placement in cooperation with the commission, the Division of Vocational Rehabilitation, the Division of Vo­cational Education of the Department of Educa­tion, and the Florida State Employment Service of the Department of Commerce.

(3) The bureau shall have the capability of evaluating current job-training programs and performing follow-up investigations and studies to determine the effectiveness of these programs. Job histories of each offender enrolled in the pro­gram shall be maintained, tracing the offender's employment after leaving prison for a period of at least 2 years. The services of the commission shall be utilized in maintaining this follow-up ca­pability.

Hlstory.--6. 15, ch. 74-112.

944.56 Vocational Training and Employment Opportunities Advisory Council; composition; purposes.-

(l)(a) There is hereby established under the division a Vocational Training and Employment Opportunities Advisory Council composed of seven members as follows:

1. One member from the Division of Voca­tional Rehabilitation;

2. One member from the staff of the Parole and Probation Commission;

3. One member from the Florida State Em­ployment Service of the Department of Com­merce;

4. One member from the Department of Edu­cation;

5. One member from the State Manpower Council;

6. One member from the Division of Correc­tions; and

7. One member from the Bureau of Criminal Justice Planning and Assistance of the Depart­ment of Administration.

(b) Members of the council may be reap­pointed.

(2) The purposes of the council are to advise the division on the implementation and operation of its vocational and manpower development programs, assure the interagency coordination

779

s. 944.56 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

required to operate the program, and determine steps to be taken to more effectively utilize re­sources available for job training and placement.

Hlstory.-s. 16, ch. 74-112.

944.57 Manpower development programs.­Commencing July 1, 1975, the division shall ex­pand the manpower development training pro­gram· to appropriate insitutions designated by the division. The program shall provide for voca­tional testing and training of offenders in the custody of the division and shall contain the basic components of the manpower development and training program existing on July 1, 1974, in the Apalachee Correctional Institution. The divi­sion is authorized to apply for and receive gifts, grants, and other payments, including property and services, from any governmental or other public or private entity or person to effect the purposes of the manpower programs provided in this chapter.

Hlstory.-s. 17, ch. 74-112.

944.58 Definitions; ss. 944.581-944.593.-As used in ss. 944.581-944.593:

(1) "Correctional officer" means any person employed by this state or any subdivision thereof whose responsibility is the supervision, protec­tion, care, custody, and control of inmates within the correctional institutions of this state. It is the intent of this definition to exclude from this act secretarial, clerical, and professionally trained personnel.

(2) "Employing agency" means this state or any subdivision thereof employing correctional officets as defined in subsection ( 1 ).

(3) "Council" means the Correctional Stan­dards Council.

Hlstory.-s. 2, ch. 74-107.

944.581 Correctional Standards Council.­(l)(a) There is created a Correctional Stan­

dards Council. The council shall be composed of nine members, consisting of the attorney general or his designated assistant, the commissioner of education or his designated assistant, the direc­tor of the Division of Corrections or his desig­nated assistant, and six members to be appointed by the governor. The six members appointed by the governor shall consist of two state correc­tional officers, one of whom shall be an adminis­trator and the other a correctional officer who is not an administrator, one person who is in charge of a municipal correctional institution, one · person who is in charge of a county correc­tional institution, and two representatives at large, one of whom shall be in charge of a cor­rectional education program in a 4-year or 2-year educational institution.

(b) Members appointed by the governor shall be appointed for terms of 2 years. No appointive member shall serve beyond the time he ceases to hold the office or employment by reason of which he was eligible for appointment to the council. Any member appointed to fill a vacancy because of death, resignation, or ineligibility for

membership shall serve only for the unexpired term of his predecessor or until a qualified suc­cessor is appointed.

(2)(a) As soon as possible after July 1, 1974, the governor shall appoint the six members re­quired by this section. Thirty days after such ap­pointments have been made, the council shall hold its first meeting with the attorney general or his designated assistant serving as chairman. The council shall at this time and annually there­after elect its chairman and other officers.

(b) The council shall hold at least four regular meetings each year at the call of the chairman or upon written request by two members of the council. A majority of the members of the coun­cil constitutes a quorum.

(3) Members of the council -shall serve with­out compensation, but shall be entitled to be reimbursed for per diem and traveling expenses as provided by s. 112.061.

(4) The council shall make an annual repc?rt of its activities to the governor and to the legisla­ture and shall include in such report its recom­mendations for additional legislation.

Hlstory.-M. 3-6, ch. 74-107.

944.582 General powers of the council.-The council is authorized to:

(1) Promulgate rules and regulations for the administration of this act, pursuant to chapter 120.

(2) Employ a director and such other person­net as may be necessary in the performance of its functions.

(3) Provide rules of procedure for its internal management and control.

(4) Enter into contracts or do such things as may be necessary and incidental to the adminis­tration of its authority pursuant to this act.

History.-. 7, ch. 74-107.

944.583 Special powers; correctional officer training.-In connection with the employment and training of correctional officers, the council shall have the special powers to:

(1) Establish uniform minimum standards for the employment and training of correctional offi­cers, including qualifications and requirements as may be established by the council subject to specific provisions contained in this act.

(2) Establish minimum curricular require­ments for schools operated by the state or any subdivision thereof for the purpose of training correctional officer recruits or correctional offi­cers.

(3) Consult and cooperate with the state or any subdivision thereof and with universities, colleges, community colleges, and other educa­tional institutions concerning the development of correctional officer training schools and pro­grams or courses of instruction.

(4) Approve institutions and facilities for school operation by or for the state or any subdi­vision thereof for the specific purpose of training correctional officers and correctional officer re­cruits.

780

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 944.591

(5) Issue certificates of competency to per­sons who, by reason of experience and comple­tion of inservice advanced education or speci­lized training, are especially qualified for particular aspects or classes of correctional work.

(6) Make or encourage studies on any aspect of corrections education and training or recruit­ment.

(7) Make or encourage studies on compensa­tion paid correctional officers throughout the state. The council shall study the salary scale, education, training, and any other items on which compensation is based and make recom­mendations to the next regular session of the leg­islature regarding this study.

(8) Make recommendations concerning any aspect of corrections which is within the purview of the council pursuant to this act.

HIRory.---<1. 8, ch. 74-107.

944.584 Correctional officers; quaUfications for employment.-After July 1, 1974, any person employed as a correctional officer shall:

(1) Have reached the age of majority. (2) Be a citizen of the United States. (3) Be a high school graduate or its "equiva­

lent" as the term may be determined by the council.

(4) Have his fingerprints on file with the council or any agency designated by the council.

(5) Have passed an examination by a licensed physician based on specifications established by the council.

(6) Have a good moral character as deter­mined by investigation under procedures estab­lished by the council.

HIRory.---<1. 9, ch. 74-107.

944.585 Correctional officer training program estabHshed.-

(1) The council shall establish and maintain a correctional officer training program with such curriculum and administered by such agencies and institutions as it approves and shall issue a certificate of completion to any person satisfac­torily completing the training program estab­lished.

(2) The council shall issue a certificate of compliance to any person satisfactorily comply­ing with the training program established in sub­section (1) and the qualifications for employment in s. 944.584, and no person shall be employed as a correctional officer by any employing agency until he has obtained such certificate of compli­ance.

(3) The council may issue a certificate to any person who has received training in another state when the council has determined that such training was at least equivalent to that required by the council for approved correctional officer education and training programs in this state and when such person has satisfactorily complied with all other requirements of this act.

HIRory.---<1. 10, ch. 74-107.

944.586 Reimbursement of employing agency by council.-The council shall, subject to the availability of funds, reimburse an employing agency an amount equivalent to 50 percent of the salary, if any, and allowable living expenses of recruit trainees in attendance ·at approved training programs.

HIRory.-. 11, ch. 74-107.

944.587 Payment of tuition by employing agency.-An employing agency, state agency, or political subdivision of this state is authorized to pay any or all costs of tuition of trainees in at­tendance at approved training programs.

History.-. 12, ch. 74-107.

944.588 Inservice training and promotion; participation, grants.-

(1) The council, by rules and regulations, shall prescribe curricula and standards for ad­vanced and specialized training courses and training in addition to those prescribed in ss. 944.584 and 944.585.

(2) Correctional institutions and employing agencies participating under the provisiOns of this section shall adhere to the standards and procedures established by the council.

(3) Institutions and agencies offering ap­proved programs of inservice or advanced train­ing may receive grants from the council, subject to the availability of funds, not to exceed 50 per­cent of the cost of offering approved training courses.

HIRory • ...:..... 13, ch. 74-107.

944.589 Financing of counciL-The council may accept, for any of its purposes and func­tions under this act, any donations of property, real, personal, or mixed, and grants of money from any governmental unit, public agency, insti­tution, person, firm, or corporation. Such mon­eys shall be deposited, or disbursed and adminis­tered in a trust fund as provided by the laws of Florida.

History.-. 14, ch. 74-107.

944.590 Salary scale study; report, recom­mendation.-The council shall make a compre­hensive study of the compensation paid to cor­rectional officers throughout the state. Among the items to be researched shall be variation in salary scale, education and training of officers, retirement and pension programs, comparison of salaries received by correctional officers with salaries of other law enforcement officers within the state, and any other factors on which com­pensation is based. The council shall report its findings to each regular session of the legislature and make recommendations for achieving uni­formity in compensation for correctional officers with equal or comparable responsibilities, experi­ence, education, and training.

HIRory.-. 15, ch. 74-107.

781

s. 944.591 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

944.591 Intent.-(IJ It is · the intent of the legislature to

strengthen and upgrade the correctional institu­tions in Florida by attracting competent, highly qualified young people for professional careers in this field and to retain well-qualified and experi­enced correctional officers.

(2) It is the further intent of the legislature to establish a minimum foundation program for correctional officers which will provide a state­wide minimum salary for all such officers, to provide a state monetary supplement to effectu­ate an upgrading of compensation for all correc­tional officers, and to upgrade the · educational and training standards of such officers. Hlstory~s. 16, ch. 74-107.

944.592 Saving clause.-(1) Correctional officers employed on July 1,

1974, shall not be required to meet the provi­sions of ss. 944.583( 1) and 944.584 as a condition of tenure or continued employment; nor shall their failure to fulfill such requirements make them ineligible for any promotional examination for which they are otherwise eligible.

(2) The provisions of this act shall not apply to any elected officers.

Hlstory.-ss. 17, 19, ch. 74-107.

944.593 Qualifications and standards above minimum.-Nothing herein shall be construed to preclude an employing agency from establishing qualifications and standards for hiring, training, or promoting correctional officers that exceed the minimum set by the council.

Hlstory.-s. 18, ch. 74-107.

CHAPTER945

DIVISION OF CORRECTIONS

945.025 Jurisdiction of division. 945.09 Commitment of prisoners; classifica­

tion; reception and classification pro­gram; transfer.

945.10 Investigations by Parole and Probation Commission; confidential.

945.12 Transfers for rehabilitative treatment. 945.30 Payment for cost of supervision and re­

habilitation. (New)

945.025 Jurisdiction of division.-( I) The Division of Corrections shall have su­

pervisory and protective care, custody, and con­trol of tlte inmates, buildings, grounds, property, and all other matters pertaining to the following institutions, facilities, and programs for the im­prisonment, correction, and rehabilitation of adult offenders:

(a) Appalachee Correctional Institution; (b) Florida Correctional Institution; (c) Glades Correctional Institution;

(d) Florida State Prison; (e) Division of Corrections Road Prisons; (f) Sumter Correctional Institution; (g) Avon Park Correctional Institution; (h) Union Correctional Institution; (i) Reception and Medical Center at

Butler; (j) Cross City Correctional Institution; (k) Lake Correctional Institution; (l) Brevard Correctional Institution; (m) Division of Corrections Community Cor­

rectional Centers; (n) Division of Corrections Vocational Cen­

ters; and ( o) DeSoto Correctional Institution. (2) In establishing, operating, and. utilizing

these facilities, the division shall attempt, when­ever possible, to avoid the placement of nondan­gerous offenders with potential for rehabilitation with repeat offenders or dangerous offenders. Medical, mental, and psychological problems shall be diagnosed and treated whenever possi­ble. All divisions of the department shall cooper­ate to insure the delivery of services to persons under the division's custody or supervision.

(3) There shall be other correctional facilities, including detention facilities of varying levels of security, work-release facilities, and community correctional facilities, halfway houses, and other approved community residential and nonresiden­tial facilities and programs. Any community resi­dential facility may be deemed a part of the state correctional system for purposes of maintaining custody of offenders, and for this purpose the di­vision may contract for and purchase the ser­vices of such facilities.

History.-. I, ch. 57-317; s. I, ch. 67·99; ss. 19, 35, ch. 69-106; ss. I , 2, ch. 7~1; s. 26, ch. 74-112.

Note.-Fonner s. 965.01(1).

945.09 Commitment of prisoners; classifica­tion; reception and classification program; trans-·· fer.-

(1) All prisoners sentenced to the state peni­tentiary shall be committed by the court to the custody of the division.

(2) All prisoners committed to the custody of the division shall be conveyed to such institution, facility, or program in the correctional system as the division shall direct, in accordance with the division's classification scheme. The division shall establish a program of graduated punish­ment *[with the following classification of in­mates]:

(a) Class I.-Incorrigible inmates for whom a total lockup will be required; facilities shall in­clude, but not be limited to, a portion of the Flo­rida State Prison;

(b) Class II.-An intermediate class between Class I and Class III for those inmates who have had difficulty in the system but who have not yet proven themselves to be incorrigible;

(c) Class IIJ.-Inmates for whom there exists hope of rehabilitation.

(3) Each prisoner shall be processed through a reception and evaluation program in the area

782

1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 945.30

the prisoner was committed or where he incarcerated.

(4) Pursuant to such regulations as the divi­sion may provide, the division is authorized to

ltr<•n.,,t.,. .. prisoners from one institution to another 1 u~:nu,uu1uu in the correctional system and to clas­sify and reclassify prisoners as circumstances may require.

History.-«. 9, ch. 57-213; s. 18, ch. 61-530; s. I, ch. 67-38; ss. 19, 35, ch. 69-106; s. 27, ch. 74-112.

*Note--Bracketed language inserted by the editors. et.-s. 921.18, 921.2(}.921.22 Handllna of penoos receiving indetermi­

nate sentences for noocapltal felonies. s. 944.16 Prisoners; how received.

945.10 Investigations by Parole and Probation Commission; confidential.-

(1) The Parole and Probation Commission shall furnish the division with a copy of its re­port of presentence investigation within 10 days of the commitment of the offender to the custody of the division.

(2) Except as provided below, information furnished by the commission in the presentence investigation report shall be confidential and shall be available only to officers and employees of the court, the legislature, the commission, the department, and public law enforcement agen­cies in the performance of a public duty or, with the written permission of the commission, to parties establishing legitimate research purposes. The commission shall promulgate rules and regu­lations stating what portions of its files, reports, or records are considered confidential and sub­ject to restricted view. The department and the commission shall jointly promulgate rules and regulations to prevent the disclosure of confiden­tial information to unauthorized parties, except as provided above. However, nothing in this sub­section shall alter other provisions of the law re­lating to the accessibility of inmate records.

(3) No inmate of any institution, facility, or program of the division shall have access to any information contained in the files of the division. The division shall restrict release of information to any person except members of the news me­dia and those listed in subsection (2) when there is reasonable cause to believe that such person may divulge such information to the inmate.

(4) The division and the commission shall mutually cooperate for the proper performance of the respective functions of each agency.

History.-«. 10, ch. 57-213; s. 18, ch. 61-530; s. I, ch. 65-453; ss. 19, 35, ch. 69-106; s. 24, ch. 74-112. ef.-s. 921.18, 921.2(}.921.22 Handllna of persons receiving indetermi­

nate sentences for noncapital felonies.

945.12 Transfers for rehabilitative treat­ment.-

(1) The division is authorized to transfer drug dependents, as defined in chapter 397, and re­tarded, addicted, tuberculous, mentally ill, or other prisoners requiring specialized services to appropriate public or private facilities or pro­grams for the purpose of providing such special­ized service or treatment for as long as such ser­vice or treatment is needed, but for no longer than the remainder of the prisoner's sentence.

(2) The division is authorized to enter into agreements with the controlling authorities of such state institutions as shall have or be pro­vided with appropriate facilities for the secure confinement and treatment of drug addicts, alco­holics, insane, and tuberculous persons. In any such agreement, the division shall provide for custodial personnel to maintain proper security of persons transferred from the correctional sys­tem to any other state institution. Such custodial personnel shall be employed and paid by the di­vision and subject to such rules as shall be agreed upon jointly by the division and the con­trolling authority entering into such agreement.

(3) The division is authorized to reimburse the institution furnishing treatment at a figure agreed upon by the division and the controlling authority of such institution.

(4) When, in the opinion of the superinten­dent of an institution to which a prisoner has been transferred, such prisoner has been cured, or will no longer benefit from treatment at that institution, other than an insane prisoner, the su­perintendent shall notify the division which shall, at the earliest practicable date thereafter, convey such prisoner to the appropriate classification center for reclassification.

Hlltory.--«. 12, ch. 57-213; s. 18, ch. 61-530; ss. 19, 35, ch. 69-106; s. I, ch. 74-122.

945.30 Payment for cost of supervision and rehabilltation.-Anyone on probation or parole shall be required to contribute $10 per month to­ward the cost of his supervision and rehabilita­tion beginning 60 days from the date he is free to seek employment. The commission may exempt a person from the payment of all or any part of the foregoing contribution if it finds any of the following factors to exist:

(1) The offender has diligently attempted, but been unable, to obtain employment which pro­vides him sufficient income to make such pay­ments.

(2) The offender is a student in a school, col­lege, university, or in a course of vocational or technical training designed to fit the student for gainful employment. Certification of such stu­dent status shall be supplied to the commission by the educational institution in which the of­fender is enrolled.

(3) The offender has an employment handi­cap, as determined by a physical, psychological, or psychiatric examination acceptable to, or or­dered by, the commission.

(4) The offender's age prevents him from ob­taining employment.

(5) The offender is responsible for the sup­port of dependents.

(6) Other extenuating circumstances, as determined by the commission.

Hlltory.--«. 18, ch. 74-112.

783

s. 947.01 1974 SUPPLEMENT TO FLORIDA STATUTES 1973

CHAPTER 947

PAROLE AND PROBATION COMMISSION

947.01

947.02 947.071 947.10

947.16

947.17 947.21 947.23

947.24 947.25

Creation of Parole and Probation Com­mission; number and qualifications of its members.

Commission; appointment. Rule-making procedures. (New) Business and political activity upon

part of members and full-time em­ployees of commission.

Eligibility for parole; powers and duties of commission.

Procedure of commission. Violations of parole. Action of commission upon arrest of

parolee. Discharge from parole. Recommendations for clemency.

947.01 Creation of Parole and Probation Com­mission; number and qualifications of its mem­bers.-A Parole and Probation Commission, hereinafter called "commission," is created to consist of eight citizens who are residents of the state. The members of the commission *[shall in­clude]:

(1) Seven members who are qualified by their knowledge of penology and allied social sciences to discharge the duties and perform the work of the commission efficiently; and

(2) One member who shall be the director of the Division of Corrections of the Department of Health and Rehabilitative Services. The director shall participate in the policy-making decisions of the commission only and shall not participate in decisions on the granting and revocation of parole. The director shall be ineligible for ap­pointment as chairman, shall receive no compen­sation for his services on the commission, and shall not be required to attend any minimum number of meetings.

l&tory.-s. I , ch. 20519, 1941; s. I , ch. 63-83; s. I, ch. 65-453; s. 30, ch. ?4-112.

•Note.-Bracketed language inserted by the editors.

94'/.02 Commission; appofntment.-The mem­bers of the commission shall be appointed in the following manner: Whenever there is an appoint­ment of a member of the commission to be made or a vacancy to be filled; the governor and cabi­net shall appoint a Parole and Probation Com­mission Qualifications Committee, which shall consist of five persons having special knowledge of penology, the administration of criminal jus­tice, and offender rehabilitation programs, and shall designate one member thereof as chairman. The governor and cabinet shall provide for state­wide advertisement of the position and the re­ceiving of applications for the position as mem­ber of the commission and shall devise a plan for the determination, by investigation and compre­hensive evaluation, of the qualification of appli­cants. From such investigations and evaluations, said qualifications committee shall compile a list

of persons eligible for said position of member of the commission. Eligibility for *[appointment to] membership on the commission shall expire at the end of 2 years. The qualifications committee shall recommend three such eligibles to the gov­ernor and cabinet who shall make the appoint­ment to the position of member of the commis­sion from those three eligible persons. The *[ ap­pointments of] members of the commission shall be certified to the senate by the governor and cabinet for confirmation. l&tory.---<~ . I , ch. 20519, 1941; s. 2, ch. 65-453; s. 33, ch. 6&-106; 1.

31 , ch. ?4-112. •Note.-Bracketed words inaerted by the editon in the lnterelt of

clarity.

947.071 Rule-making procedures.-It is the intent of the legislature that all rule-making pro­cedures by the commission shall be conducted pursuant to the Florida Administrative Procedure Act, chapter 120.

History.---<~. 34, ch. 74-112.

947.10 Business and poUtieal activity upon part of members and full-time employees of com­mission.-No member of the commission and no full-time employee thereof shall, during their ser­vice upon or under the commission, engage in any other business or profession nor hold any other public office; nor shall they serve as the representative of any political party, or any exec­utive committee or other governing body thereof, or as an executive officer or employee of any po­litical committee, organization, or association, or be engaged on the behalf of any candidate for public office in the solicitation of votes, or other­wise. However, this shall not be deemed to ex­clude the appointment of the director of the Divi­sion of Corrections to the commission under the terms and conditions set forth in this chapter.

ln.tory.---<1. 7, ch. 20519, 1941; s. 32, ch. 74-112.

947.16 EUgfbillty for parole; powers and duties of commfssion.-

(1) Every person who has been, or who may hereafter be, convicted of a felony or who has been convicted of one or more misdemeanors and whose sentence or cumulative sentences to­tal 12 months or more, who is confined in execu­tion of the judgment of the court, and whose re­cord during confinement is good, shall, unless otherwise provided by law, be eligible for consid­eration by the commission for parole. An inmate who has been sentenced for a term of 5 years or less shall be interviewed by a member of the commission or its representative within 6 months after the initial date of confinement in execution of the judgment. An inmate who has been sentenced for a term in excess of 5 years shall be interviewed by a member of the commis­sion or its representative within 1 year after the initial date of confinement in execution of the judgment. An inmate convicted of a capital crime shall be interviewed at the discretion of the commission. As used in this subsection, the term "confined" shall be deemed to include pres­ence in any appropriate treatment facility, public

784

1974 SUPPLEMENT TO

private, by virtue of transfer from the Division Corrections under any applicable law.

Persons who have become eligible for pa­and who may in the discretion of the com­

mission be granted parole shall be placed on pa­role in accordance with the provisions of this law.

(3) Within 30 days after any interview for pa­role, the inmate shall be advised of the decision of the commission. Subsequent to the initial in­terview, the inmate shall be interviewed for pa­role at periodic intervals not less often than an­nually.

Hlst«y.-. 12, ch. 20519, 1941; s. 3, ch. 21775, 1943; sa. 1, 2, ch. 71-110; s. 2, ch. 74-122.

947.17 Procedure of commission.-(1) Upon the commission's own initiative or

within 30 days after receipt of a recommendation of the division that an inmate be paroled, a hear­ing examiner of the commission shall interview t~e. person. If the. h~aring was initiated by the di­VIsion, the commlssion shall consider the rehabil­itation report prepared by the division and all other competent evidence.

(2) If the he~g was initiated by the divi­sion, the division shall make its recommendation and report in writing. The report shall contain or have attached the following information, if not already in the possession of the commission:

(a) A copy of the indictment or information and a complete statement of the facts of the crime for which such inmate has been sentenced;

(b) The court in which the inmate was sen­tenced;

(c) The terms of the sentence; (d) The name of the presiding judge, the pros­

ecuting officers, the investigating officers, and the attorneys for the inmate convicted, if known;

(e) A copy of all diagnosis, evaluation, and classification reports which may have been made on the offender at any time;

(f) Any criminal record of such person; (g) Any record of any involuntary hospitaliza­

tion of such inmate; (h) All available medical, psychological, or

psychiatric reports concerning such inmate; (i) A report on the conduct and progress of

the offender during the time he was detained· (j) A detailed statement as to what the divi­

sion has done with respect to the rehabilitation of the offender and its further plans for rehabili­tation of the offender;

(k) The reasons the division believes that there is a reasonable probability that the inmate will live and conduct himself as a law abiding person if he is paroled and that his parole will be compatible with public safety and welfare;

(I) The names of agency representatives or other governmental entities which have had di­rect contact with the offender, together with a copy of their written reports, if any; and

(m) Such other information as the commis­sion may request.

(3) Based on the interview, the report, and any other competent evidence presented to him,

STATUTES 1973 s. 947.21

the hearing examiner shall, within 7 days after the interview, recommend in writing whether or not the inmate should be paroled. The hearing examiner shall, in his report to the commission, include a statement of findings of fact and the reasons for his decision.

(4) If the hearing examiner recommends that the inmate be paroled and the commission does not deny the parole within 30 days from the date of the hearing examiner's report, the inmate shall be paroled. The hearing examiner shall or­ally inform the inmate after the interview of his conclusions as to whether the inmate shall be pa­roled.

(5) The commission may make such investi­gations as it deems necessary in order to be fully informed as to such inmate. The commission shall have access to all files and records of the state or any county or city concerning the in­mate.

(6) The commission may elect to hold a hear­ing after receipt of the hearing examiner's re­port. In such event, the offender and a representative of the division shall appear before the commission and may be heard. Based on the evidence presented at the hearing, including the commission's file and the recommendations and report of the division, the commission shall de­termine whether the offender shall be paroled.

(7) The commission shall notify the offender of its decision at the hearing or within 10 days after the hearing. If the offender is denied parole, whether by the hearing examiner or br the com­mission, such notification shall contain the rea­sons for the denial, the conditions and ch~es precedent to a more favorable consideration when a{>plicable, the date on which the inmate will agam be eligible for consideration for parole, and the approximate date on which the commis­sion or a hearing examiner will reinterview the inmate. *[The interval until the inmate will be reinterviewed] shall not exceed 1 year, except as otherwise provided by law.

(8) The division may recommend that a.. per­son be placed in a work-release program prior to the last 12 months of his confinement. The pro­cedure for acting on this recommendation shall be as provided in this section. If the hearing ex­aminer recommends that the inmate be permit­ted to be placed in a work-release program and the comm1ssion does not deny the recommenda­tion within 30 days of the receipt of the hearing examiner's recommendation, the inmate may be placed in the program, and the division shall ad­vise the commission of that fact prior to such placement.

Hlst«y.-. 13, ch. 20519. 1941; s. 11, cb. 74-112. •N«er-Bracketed language substituted for the word "It" by the edi­

tors.

947.21 Violations of parole.-( 1) A violation of the terms of parole may

render the parolee liable to arrest and a return to prison to serve out the term for which he was sentenced.

(2) An offender whose parole is revoked may,

785

s. 947.21 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 948.01

at the discretion of the commission, be credited with any portion of the time he has satisfactorily served on parole.

Hlstory.-s. 15, ch. 20519, 1941; s. 22, ch. 74-112.

947.23 Action of commission upon arrest of parolee.-

( I) As soon as practicable after the arrest of a person charged with violation of the terms and conditions of his parole, such parolee shall ap­pear before the commission in person, and if he desires he may be represented by counsel, and a hearing shall be had at which the state and the parolee may introduce such evidence as they may deem necessary and pertinent to the charge of parole violation. The commission, a member thereof, or a duly authorized representative of the commission or member thereof shall have the authority to administer oaths and compel the attendance of witnesses at said hearing by the is­suance of summons and subpoenas and to issue subpoenas duces tecum, under penalty of con­tempt under *[the commission's] seal and signed by any member of the commission. The commis­sion shall issue subpoenas on behalf of the paro­lee in connection with any matter which imp­inges in a material respect upon a finding of fact in a parole revocation case, provided the parolee furnishes to the commission the names and ad­dresses of his proposed witnesses at least 7 days prior to the hearing date. Within a reasonable time thereafter, the commission shall make find­ings upon such charge of parole violation and shall enter an order determining whether said charges of parole violation have been sustained. The commission shall in and by said order re­voke said parole and return said person to prison to serve the sentence theretofore imposed upon him, or reinstate the original order of parole, or shall enter such other order as it may deem proper.

(2) Whenever a parole is revoked by the com­mission and said parolee ordered by said com­mission to be returned to prison, the parolee, by reason of his misconduct, shall be deemed to for­feit all gain-time or commutation of time for good conduct, as provided for by s. 944.27, earned up to the date of his release on parole. ~othing herein shall deprive the prisoner of his nght to gain-time or commutation of time for good conduct, as provided by s. 944.27, from the date he is returned to prison.

Hlstory.-s. 17, ch. 20519, 1941; s. 4, ch. 21775, 1943; s. I, ch. 74-241.

•Note.-Bracketed language substituted for "its" by the editors. et.-s. 944.28 Forfeiture of gain-time and right to earn gain-time in

the future.

947.24 Discharge from parole.-When a per­son is placed on parole, the commission shall de­termine the period of time the person shall be on P.arole, such time not to exceed a maximum pe­nod of 2 years unless the commission designates a longer period of time, in which case it will ad­vise the parolee in writing of the reasons for the extended period. In any event, the period of pa­role shall not exceed the maximum period for

which the person has been sentenced. The com­mission after having retained jurisdiction of a person for a sufficient length of time to evidence s~tisfactory rehabilitation and cooperation may discharge the person from parole, may relieve a perso.n on parole from making further reports, or permit such person to leave the state or county, upon determination that such action is in the best interests of the person and of society.

Hlstory.-s. 18, ch. 20519, 1941; s. I, ch. 63-83; s. 9, ch. 74-112.

947.25 Recommendations for clemency._;_ When a parolee has, in the opinion of the com­mission, so conducted himself as to deserve clemency, a commutation of sentence, or the re­mission in whole or in part of any fine, forfei­ture, or penalty, the commission may recom­mend that such clemency be extended to such parolee by order of the governor approved by three members of the cabinet. In such case the commission shall fully advise the office of the governor of the facts upon which such recom­mendation is based.

Hlstory.-s. 18, ch. 20519, 1941; • . 23, ch. 74-112.

CHAPTER 948

PROBATION

948.01 When courts may place probation.

948.04 Period of probation; duty of probationer.

948.01 When courts may place defendant on probation.-

(!) Any court of the state having original ju­risdiction of criminal actions, where the defen­dant in a criminal case has been found guilty by the verdict of a jury or has entered a plea of guilty or a plea of nolo contendere or has been found guilty by the court trying the case without a jury, except for an offense punishable by death, may at a time to be determined by the court, either with or without an adjudication the guilt of the defendant, hear and determine the question of the probation of such defendant.

(2) When the penalty for the offense may in­volve imprisonment in the state prison, court, prior to such hearing, shall, and in meanor cases may, refer the case to the and Probation Commission for recommendation. The court, upon ence, shall direct the commission, and it the duty of the commission, to make an ,,.., ... ., • ._ ga~ion and rep~rt in writing at a specified pnor to sentencmg to the court upon the circum­stances of the offense, the criminal record the social history, and the present condition of the defendant, together with its recommendation pursuant to the provisions of s. 921.231.

(3) If it appears to the court upon a of the matter that the defendant is not

786

s. 948.01 1974 SUPPLEMENT TO FLORIDA STATUTES 1973 s. 951.22

again to engage in a criminal course of conduct and that the ends of justice and the welfare of society do not require that the defendant shall presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt, and in either case stay and withhold the imposition of sentence upon such defendant, and shall place him upon probation under the supervision and control of the commis­sion for the duration of such probation. And the commission shall thereupon and thereafter, dur­ing the continuance of such probation, have the supervision and control of the defendant. How­ever, no defendant placed on probation for a mis­demeanor shall be placed under the supervision of the commission unless the court affirmatively and specifically orders such supervision after finding that supervision in the community is nec­essary to provide adequate protection to the community *[or] to assist in the rehabilitation of the offender, or both.

(4) Whenever punishment by imprisonment for a misdemeanor or a felony, except for a capi­tal felony, is prescribed, the court, in its discre­tion, may, at the time of sentencing, direct the defendant to be placed on probation upon com­pletion of any specified period of such sentence. In such case, the court shall stay and withhold the imposition of the remainder of sentence im­posed upon the defendant, and direct that the de­fendant be placed upon probation after serving such period as may be imposed by the court.

(5) In no case shall the imposition of sentence be suspended and the defendant thereupon placed on probation unless such defendant be placed under the custody of said commission.

(6) When the court, under any of the forego­ing subsections, places the defendant on proba­tion, it may specify that the defendant serve all or part of the probationary period in a commu­nity residential facility under the jurisdiction of the commission or the department or owned or operated by any public or private entity provid­ing such services.

Hlstory.-s. 20, ch. 20519, 1941; s. 7, ch. 22858, 1945; s. I , ch. 59-?~i~~: I, ch. 61-498; s. I, ch. 65-453; s. I, ch. 67-204; ss. 12, 13, ch.

•Note.-"Or" substituted for "and" by tbe editors. cf.-«. 924.06 Appeal by defendant.

s. 949.01 Juvenile matters unaffected.

948.04 Period of probation; duty of proba­tioner.-

(1) Defendants found guilty of misdemeanors who are placed on probation shall be under su­pervision not to exceed 6 months unless other­wise specified by the court. Defendants found guilty of felonies who are placed on probation shall be under supervision not to exceed 2 years unless otherwise specified by the court. No de­fendant placed on probation pursuant to subsec-

tion 948:01(4) shali be subject to the probation limitations of this subsection.

(2) The Parole and Probation Commission may discharge the offender prior to the expira­tion of his term of probation; however, the com­mission shall notify the court in writing prior to such discharge. If the court does not set the mat­ter for hearing to be held within 30 days from the date of such notice, the offender may be dis­charged. Upon the termination of the period of probation, the probationer shall be released from probation and shall not be liable to sentence for the crime for which probation was allowed. Dur­ing the period of probation, the probationer shall perform the terms and conditions of his proba­tion.

11~tory.-s. 24, ch. 20519, 1941; s. 5, ch. 21775, 1943; s. 10, ch. 74-

CHAPTER 951 COUNTY AND MUNICIPAL PRISONERS

951.22 County detention facilities; contraband articles.

951.22 County detention facilities; contraband articles.-

( I) It is unlawful except as duly authorized by the sheriff or officer in charge to introduce into or possess upon the grounds of any county detention facility as defined in s. 951.23 or to give to or receive from any inmate of any such facility wherever said inmate is located at the time or to take or to attempt to take or send therefrom any of the following articles which are hereby declared to be contraband for the pur­poses of this act, to wit: Any intoxicating bever­age; any narcotic, hypnotic, or excitative drug; any firearm or any instrumentality customarily used or which is intended to be used as a danger­ous weapon; and any instrumentality of any na­ture that may be or is intended to be used as an aid in effecting or attempting to effect an escape from a county facility.

(2) Whoever violates subsection (1) shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775. 084.

History.-«. I, ch. 63-140; s. 1182, ch. 71-136; s. 180, ch. 71-355; s. 33, ch. 74-112. ch. 71-136; s. 180, ch. 71-355; s. 33, ch. 74-112.

787

CONSTITUTION OF THE STATE OF FLORIDA

Sections Amended by Resolutions Approved at General Election of November 5, 1974

ARTICLE I

DECLARATION OF RIGHTS

Basic rights.

SECTION 2. Basic rights.-All natural persons are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect prop­erty; except that the ownership, inheritance, disposi­tion and possession of real property by aliens ineligi­ble for citizenship may be regulated or prohibited by law. No person shall be deprived of any right because of race, religion or physical handicap.

History.-Am. S.J.R. 917 , 1974; adopted 1974.

ARTICLE IV

EXECUTIVE

Game and fresh water tish commission.

SECTION 9. Game and fresh water fish commission.-There shall be a game and fresh water fish commission, composed of five members appointed by the governor subject to confirmation by the senate for staggered terms of five years. The commission shall exercise the regulatory and execu­tive powers of the state with respect to wild animal life and fresh water aquatic life, except that all license fees for taking wild animal life and fresh water aquatic life and penalties for violating regula­tions of the commission shall be prescribed by specific statute. The legislature may enact laws in aid of the commission, not inconsistent with this section. The commission's exercise of executive powers in the area of planning, budgeting, personnel management, and purchasing shall be as provided by law. Revenue derived from such license fees shall be appropriated to the commission by the legislature for the purpose of management, protection and conservation of wild animal life and fresh water aquatic life.

History.-Am. Com. Su b. for H.J. R. 637. 1973: adopted 1974.

Sec.

ARTICLE V JUDICIARY

12. Discipline; removal and retirement.

SECTION 12. Discipline; removal and retirement.-

(a) There shall be a judicial qualifications com­mission vested with jurisdiction to investigate and

A-1

recommend to the Supreme Court of Florida the re­moval from office of any justice or judge whose con­duct, during term of office or otherwise occurring on or after November 1, 1966, (without regard to the effective date of this section) demonstrates a present unfitness to hold office, and to investigate and rec­ommend the reprimand of a justice or judge whose conduct, during term of office or otherwise occurring on or after November 1, 1966 (without regard to the effective date of this section), warrants such a rep­rimand. The commission shall be composed of:

(1) Two judges of district courts of appeal selected by the judges of those courts, two cir­cuit judges selected by the judges of the circuit courts and two judges of county courts selected by the judges of those courts;

(2) Two electors who reside in the state, who are members of the bar of Florida, and who shall be chosen by the governing body of the bar of Florida; and

(3) Five electors who resid;, in the state, who have never held judicial office or been members of the bar of Florida, and who shall be appointed by the governor.

(b) The members of the judicial qualifica­tions commission shall serve staggered terms, not to exceed six years, as prescribed by general law. No member of the commission except a jus­tice or judge shall be eligible for state judicial of­fice so long as he is a member of the commission and for a period of two years thereafter. No member of the commission shall hold office in a political party or participate in any campaign for judicial office or hold public office; provided that a judge may participate in his own campaign for judicial office and hold that office. The commis­sion shall elect one of its members as its chair­man.

(c) Members Qf the judicial qualifications com­mission not subject to impeachment shall be subject to removal from the commission pursuant to the pro­visions of Article IV, Section 7, Florida Constitution.

(d) The commission shall adopt rules regulating its proceedings, the filling of vacancies by the ap­pointing authorities, the disqualification of mem­bers, and the temporary replacement of disqualified or incapacitated members. The commission's rules, or any part thereof, may be repealed by general law enacted by a majority vote of the membership of each house of the legislature, or by the supreme court, five justices concurring. After a recommendation of re­moval or public reprimand of any justice or judge, the record of the proceedings before the commission shall be made public. The commission may with seven members concurring recommend to the supreme court the temporary suspension of any justice or judge against whom formal charges are pending and

ART. V, s. 12 FLORIDA CONSTITUTION ART. VIII, s. 1

in the event the supreme court suspends such justice or judge all proceedings before the commission and all hearings shall be public. Otherwise, all proceed­ings before the commission shall be confidential until a recommendation is filed with the clerk of the su­preme court recommending removal or public rep­rimand at which time such proceedings shall become public record.

(e) The commission shall have access to all in­formation from all executive, legislative and judicial agencies, subject to the rules of the commission. On request of the speaker of the house of representatives or the governor, the commission shall make available information for use in consideration of impeachment or suspension, respectively.

(f) Upon recommendation of two-thirds of the members of the judicial qualifications com­mission, the supreme court may order that the justice or judge be disciplined by appropriate reprimand, or be removed from office with term­ination of compensation for willful or persistent failure to perform his duties or for other conduct unbecoming a member of the judiciary, or be involuntarily retired for any permanent dis­ability that seriously interferes with the perform­ance of his duties. After the filing of a formal proceeding and upon request of the commission, the supreme court may suspend the justice or judge from office, with or without compensation, pending final determination of the inquiry.

(g) The power of removal conferred by this section shall be both alternative and cumulative to the power of impeachment and to the power of suspension by the governor and removal by the senate.

(h) SCHEDULE TO SECTION 12.-(1) The terms of office of the present members of

the judicial qualifications commission shall expire on January 1, 1975 and new members shall be appointed to serve the following staggered terms:

a. Group I.-The terms of five members, com­posed of two electors as set forth in§ 12(a) (3) of Arti­cle V, one member of the bar of Florida as set forth in § 12(a) (2) of Article V, one judge from the district courts of appeal and one circuit judge as set forth in §12(a) (1) of Article V, shall expire on December 31, 1976.

b. Group 11.-The terms of four members, com­posed of one elector as set forth in§ 12(a) (3) of Article V, one member of the bar of Florida as set forth in § 12(a) (2) of Article V, one circuit judge and one county judge as set forth in§ 12(a) (1) of Article V shall expire on December 31, 1978.

c. Group III.-The terms offour members, com­posed of two electors as set forth in§ 12(a) (3) of Arti­cle V, one judge from the district courts of appeal and one county judge as set forth in§ 12(a) (1) of Article V, shall expire on December 31, 1980.

(2) The amendment to section 12 of Article V provided herein and the provisions of this schedule shall take effect January 1, 1975.

History.-S.J.R. 52· D. 197 1; adopted 1972; Am. H.J. R. 3911 ,1974; adopted 1974.

Sec.

ARTICLE VII

FINANCE AND TAXATION

10. Pledging credit.

SECTION 10. Pledging credit.-Neither the state nor any county, school district, munic­ipality, special district, or agency of any of them, shall become a joint owner with, or stock­holder of, or give, lend or use its taxing power or credit to aid any corporation, association, partnership or person; but this shall not pro­hibit laws authorizing:

(a) the investment of public trust funds; (b) the investment of other public funds in

obligations of, or insured by, the United States ot· any of its instrumentalities;

(c) the issuance and sale by any county, municipality, special district or other local governmental body of (1) revenue bonds to finance or refinance the cost of capital projects for airports or port facilities, or (2) revenue bonds to finance or refinance the cost of capital projects for industrial or manufacturing plants to the extent that the interest thereon is exempt from income taxes under the then existing laws of the United States, when, in either case, the revenue bonds are payable solely from revenue derived from the sale, operation or leasing of the projects. If any project so financed, or any part thereof, is occupied or operated by any private corporation, association, partnership or person pursuant to contract or lease with the issuing body, the property interest created by such contract or lease shall be subject to taxa­tion to the same extent as other privately owned property.

(d) a municipality, county, special district, or agency of any of them, being a joint owner of, giving, or lending or using its taxing power or credit for the joint ownership, construction and operation of elec­trical energy generating or transmission facilities with any corporation, association, partnership or person.

History.-Am. H.J.R. 1424, 1973; adopted 1974.

Sec.

ARTICLE VIII LOCAL GOVERNMENT

1. Counties.

SECTION 1. Counties.-(a) POLITICAL SUBDIVISIONS. The state

shall be divided by law into political subdivi­sions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt.

(b) COUNTY FUNDS. The care, custody and method of disbursing county funds shall be provided by general law.

(c) GOVERNMENT. Pursuant to general or special law, a county government may be established by charter which shall be adopted,

A-2

s. 1 FLORIDA CONSTITUTION ART. XII, s. 9

amended or repealed only upon vote of the electors of the county in a special election called for that purpose.

(d ) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court; except , when pro­vided by county charter or bpecial law ap­pro\·ed by vote of the electors of the county, any county officer may be chosen in another manner therein specified, or any county office may be abolished when all the duties of the office prescribed by general law are transferred to another office. When not otherwise provided by county charter or special law approved by vote of the electors, the clerk of the circuit court shall be ex officio clerk of the board of county commissioners, auditor, recorder and custodian of all county funds .

(e) COMMISSIONERS. Except when other­wise provided by county charter, the govern­ing body of each county shall be a board of county commissioners composed of five mem­bers serving staggered terms of four years. After each decennial census the board of county commissioners shall divide the county iuto districts of contiguous territory as nearly equal in population as practicable. One commissioner residing in each dis trict shall be elected by the electors of the county.

( f) NON-CHARTER GOVERNMENT. Coun­ties not operating under county charters shall have such power of self-government as is pro­vided by general or special law. The board of county commissioners of a county not operat­ing under a charter may enact, in a manner prescribed by general law, county ordinances not inconsistent with general or special law, but an ordinance in conflict with a municipal ordinan ce s hall not be effective within the municipality to the extent of such conflict.

(g) CHARTER GOVERNMENT. Counties operating under county charters shall have all powers of local self-government not incon­sistent with general law, or with special law approved by vote of the electors. The govern­ing body of a county operating under a char­ter may enact county ordinances not incon­sistent with general law. The charter shall provide which shall prevail in the event of conflict between county and municipal ordi­nances.

(h) TAXES ; LIMITATION. Property sit­uate within municipalities shall not be sub­ject to taxation for services rendered by the county exclusively for the benefit of the prop­erty or residents in unincorporated areas.

(i) COUNTY ORDINANCES. Each county ordinance shall be filed with the secretary of state and shall become effective at such time thereafter as is provided by general law.

(j ) VIOLATIO:\f OF ORDINANCES. Per­sons violating county ordinances shall be pros­ecuted and punished as provided by law.

(k ) COUNTY SEAT. In every county there

shall he a county seat at which shall be located the principal offices and permanent records of all county officers. The county seat may not be moved except as provided by general law. Branch offices for the conduct of county busi­ness may be established elsewhere in the county by resolution of the governing body of the county in the manner prescribed by law. Xo instrument shall be deemed recorded in the county until filed at the county seat according to law.

History.-Am. H.J .R. 1907, 1973; adopted 1974.

Sec. !1 . Bonds.

ARTICLE XII

SCHEDULE

SECTION 9. Bonds.-(a) ADDITIONAL SECURITIES. (1) 1 Article IX, Section 17, of the Constitution of

1885, as amended, as it existed immediately before this Constitution, as revised in 1968, became effec­tive, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim, except revenue bonds, revenue certificates or other evidences of indebtedness hereafter issued thereunder may be issued by the agency of the state so authorized by law.

(2) That portion of 8 Article XII, Section 9, Sub­section (a) of this Constitution, as amended, which by reference adopted 2 Article XII, Section 19 of the Constitution of 1885, as amended, as the same ex­isted immediately before the effective date of this amendment is adopted by this reference as part of this revision as completely as though incorporated herein verbatim, for the purpose of providing that after the effective date of this amendment all of the proceeds of the revenues derived from the gross re­ceipts taxes, as therein defined, collected in each year shall be applied as provided therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds or certificates issued be­fore the effective date of this amendment or any re­fundings thereof which are secured by such gross receipts taxes. No bonds or other obligations may be issued pursuant to the provisions of 2 Article XII, Section 19, of the Constitution of 1885, as amended, but this provision shall not be construed to prevent the refunding of any such outstanding bonds or ob­ligations pursuant to the provisions of this subsection (a) (2).

Subject to the requirements of the first paragraph of this subsection (a) (2), beginning July 1, 1975, and for fifty years thereafter, all of the proceeds of the revenues derived from the gross receipts taxes col­lected from every person, including municipalities, as provided and levied as of the time of adoption of this subsection (a) (2) in chapter 203, Florida Stat­utes, (hereinafter called "gross receipts taxes"), shall, as collected, be placed in a trust fund to be

A-3

ART. XII, s. 9 FLORIDA CONSTITUTION

known as the "public education capital outlay and debt service trust fund" in the state treasury (hereinafter referred to as "capital outlay fund"), and used only as provided herein.

The capital outlay fund shall be administered by the state board of education as created and consti­tuted by Section 2 of Article IX of the Constitution of Florida as revised in 1968 (hereinafter referred to as "state board"), or by such other instrumentality of the state which shall hereafter succeed by law to the powers, duties and functions of the state board, in­cluding the powers, duties and functions of the state board provided in this subsection (a) (2). The state board shall be a body corporate and shall have all the powers provided herein in addition to all other con­stitutional and statutory powers related to the pur­poses of this subsection (a) (2) heretofore or hereafter conferred by law upon the state board, or its pre­decessor created by the Constitution of 1885, as amended.

State bonds pledging the full faith and credit of the state may be issued, without a vote of the electors, by the state board pursuant to law to finance or refi­nance capital projects theretofore authorized by the legislature, and any purposes appurtenant or inci­dental thereto, for the state system of public educa­tion provided for in Section 1 of Article IX of this Constitution (hereinafter referred to as "state sys­tem"), including but not limited to institutions of higher learning, junior colleges, vocational technical schools, or public schools, as now defined or as may hereafter be defined by law. All such bonds shall mature not later than July 1, 2025. All other details of such bonds shall be as provided by law or by the proceedings authorizing such bonds; provided, how­ever, that no bonds, except refunding bonds, shall be issued, and no proceeds shall be expended for the cost of any capital project, unless such project has been authorized by the legislature.

Bonds issued pursuant to this subsection (a) (2) shall be primarily payable from such revenues de­rived from gross receipts taxes, and shall be addi­tionally secured by the full faith and credit of the state. No such bonds shall ever be issued in an amount exceeding ninety percent of the amount which the state board determines can be serviced by the revenues derived from the gross receipts taxes accruing thereafter under the provisions of this sub­section (a) (2), and such determination shall be con­clusive.

The moneys in the capital outlay fund in each fiscal year shall be used only for the following pur­poses and in the following order of priority:

a. For the payment of the principal of and in­terest on any bonds maturing in such fiscal year;

b. For the deposit into any reserve funds pro­vided for in the proceedings authorizing the issuance of bonds of any amounts required to be deposited in such reserve funds in such fiscal year;

c. For direct payment of the cost or any part of the cost of any capital project for the state system theretofore authorized by the legislature, or for the

purchase or redemption of outstanding bonds in ac­cordance with the provisions of the proceedings which authorized the issuance .of such bonds.

(b) REFUNDING BONDS. Revenue bonds to finance the cost of state capital projects issued prior to the date this revision becomes effec­tive, including projects of the Florida state turnpike authority or its successor but excluding all portions of the state highway system, may be refunded as provided by law without vote of the electors at a lower net average interest cost rate by the issuance of bonds maturing not later than the obligations refunded, secured by the same revenues only.

(c) MOTOR VEHICLE FUEL TAXES. (1) A state tax, designated "second gas tax,"

of two cents per gallon upon gasoline and other like products of petroleum and an equivalent tax upon other sources of energy used to propel motor vehicles as levied by :!Article IX, Section 16, of the Constitution of 1885, as amended, is hereby continued for a period of forty consecu­tive years. The proceeds of said tax shall be placed monthly in the state roads distribution fund in the state treasury.

(2) :!Article IX, Section 16, of the Constitution of 1885, as amended, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim for the purpose of providing that after the effective date of this revision the proceeds of the "second gas tax" as referred to therein shall be allocated among the several counties in accordance with the formula stated therein to the extent necessary to comply with all obligations to or for the benefit of hold­ers of bonds, revenue certificates and tax anti­cipation certificates or any refundings thereof secured by any portion of the "second gas tax."

(3) No funds anticipated to be allocated under the formula stated in :!Article IX, Section 16, of the Constitution of 1885, as amended, shall be pledged as security for any obligation here­after issued or entered into, except that any outstanding obligations previously issued pledging revenues allocated under said :!Article IX, Section 16, may be refunded at a lower net average interest cost rate by the issuance of re­funding bonds, maturing not later than the obli­gations refunded, secured by the same revenues and any other security authorized in paragraph (5) of this subsection.

(4) Subject to the requirements of para­graph (2) of this subsection and after payment of administrative expenses, the "second gas tax" shall be allocated to the account of each of the several counties in the amounts to be determined as follows: There shall be an initial allocation of one-fourth in the ratio of county area to state area, one-fourth in the ratio of the total county population to the total population of the state in accordance with the latest available federal census, and one-half in the ratio of the total "second gas tax" collected on retail sales or

A-4

FLORIDA CONSTITUTION ART.

use in each county to the total collected in all counties of the state during the previous fiscal year. If the annual debt service requirements of any obligations issued for any county, in­cluding any deficiencies for prior years, secured under paragraph (2) of this subsection, exceeds the amount which would be allocated to that county under the formula set out in this para­graph, the amounts allocated to other counties shall be reduced proportionately.

(5) Funds allocated under paragraphs (2} and (4) of this subsection shall be administered by the state board of ad~inistration created under said "Article IX, Section 16, of the Constitu­tion of 1885, as amended, and which is continued as a body corporate for the life of this sub­section 9(c). The board shall remit the proceeds of the "second gas tax" in each county account for use in said county as follows: eighty per cent to the state agency supervising the state road system and twenty per cent to the governing body of the county. The percentage allocated to the county may be increased by general law. The proceeds of the "second gas tax" subject to allocation to the several counties under this paragraph (5) shall be used first, for the pay­ment of obligations pledging revenues allocated pursuant to '1Article IX, Section 16, of the Con­stitution of 1885, as amended, and any refund­ings thereof; second, for the payment of debt service on bonds issued as provided by this para­graph (5) to finance the acquisition and construc­tion of roads as defined by law; and third, for the acquisition and construction of roads. When authorized by law, state bonds pledging the full faith and credit of the state may be issued with­out any election: (i) to refund obligations secured by any portion of the "second gas tax" allocated to a county under '1Article IX, Section 16, of the Constitution of 1885, as amended; (ii) to fin:mce the acquisition and construction of roads in a county when approved by the governing body of the county and the state agency supervising the state road system; and (iii) to refund obli­gations secured by any portion of the "second gas tax" allocated under paragraph 9(c)(4). No such bonds shall be issued unless a state fiscal agency created by law has made a determination that in no state fiscal year will the debt service requirements of the bonds and all other bonds secured by the pledged portion of the "second gas tax" allocated to the county exceed seventy­five per cent of the pledged portion of the "second gas tax" allocated to that county for the preceding state fiscal year, of the pledged net tolls from existing facilities collected in the preceding state fiscal year, and of the annual average net tolls anticipated during the first five years of operation of new projects to be financed. Bonds issued pursuant to this subsection shall be payable primarily from the pledged tolls and portions of the "second gas tax" allocated to that county.

(d) SCHOOL BONDS. (1) 4Article XII, Section 9, Subsection (d)

of this constitution, as amended, (which, by reference, adopted 5Article XII, Section 18, of the Constitution of 1885, as amended) as the same existed immediately before the effective date of this amendment is adopted by this reference as part of this amendment as completely as though incorporated herein verbatim, for the purpose of providing that after the effective date of this amendment the first proceeds of the revenues derived from the licensing of motor vehicles as referred to therein shall be distributed annually among the several counties in the ratio of the number of instruction units in each county, the .;;arne being coterminus with the school district of each county as provided in Article IX, Section 4, Subsection (a) of this constitution, in each year computed as provided therein to the extent necessary to comply with all obligations to or for the benefit of holders of bonds or motor vehicle tax anticipation certificates issued before the effective date of this amendment or any re­fundings thereof which are secured by any por­tion of such revenues derived from the licensing of motor vehicles.

(2) No funds anticipated to be distributed annually among the several counties under the formula stated in 4Article XII, Section 9, Sub­section (d) of this constitution, as amended, as the same existed immediately before the effec­tive date of this amendment shall be pledged as security for any obligations hereafter issued or entered into, except that any outstanding obli­gations previously issued pledging such funds may be refunded at a lower net average interest cost rate by the issuance of refundin,g bonds maturing not later than the obligations refunded, secured by the same revenues and any other security authorized in paragraph (13) of this subsection (d).

(3) Subject to the requirements of paragraph · (1) of this subsection (d) beginning July 1, 1973 and for thirty-five years thereafter, the first proceeds of the revenues derived from the li­censing of motor vehicles to the extent necessary to comply with the provisions of this amendment, shall, as collected, be placed monthly in the school district and junior college districf capital outlay and debt service fund in the state treasury and used only as provided in this amendment. Such revenue shall be distributed annually among the several school districts and junior college districts in the ratio of the number of instruction units in each school district or junior college district in each year com1•uted as pro­vided herein. The amount of the first revenues derived from the state motor vehicle license taxes to be so set aside in each year and distributed as provided herein shall be an amount equal in the aggregate to the product of six hundred dollars ($600) multiplied by the total number of instruction units in all the school districts of Florida for the school fiscal year 1967-68, plus an amount equal in the aggregate to the product of eight hundred dollars ($800) multiplied by the total number of instruction units in all the

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ART. XII, s. 9 FLORIDA CONSTITUTION ART. XII, s.

school districts of Florida for the school fiscal year 1972-73 and for each school fiscal year thereafter which is in excess of the total number of such instruction units in all the school districts of Florida for the school fiscal year 1967-68, such excess units being designated "growth units. " The amount of the first revenues derived from the state motor vehicle license taxes to be so set aside in each year and distributed as provided herein shall additionally be an amount equal in the aggregate to the product of four hundred dollars ($400) multiplied by the total number of instruction units in all junior college districts of Florida. The number of instruction units in each school district or junior college district in each year for the purposes of this amendment shall · be the greater of (1) the number of in­struction units in each school district for the school fiscal year 1967-68 or junior college district for the school fiscal year 1968-69 com­puted in the manner heretofore provided by general law, or (2) the number of instruction units in such school district, including growth units, or junior college district for the school fiscal year computed in the manner heretofore or hereafter provided by general law and ap­proved by the state board of education (here­inafter called the state board), or (3) the number of instruction units in each school district, including growth units, or junior college district on behalf of which the state board has issued bonds or motor vehicle tax anticipation certifi­cates under this amendment which will produce sufficient revenues under this amendment to equal one and twelve-hundredths (1.12) times the aggregate amount of principal of and interest on all bonds or motor vehicle tax anticipation certificates issued under this amendment which will mature and become due in such year, com­puted in the manner heretofore or hereafter pro­vided by general law and approved by the state board.

(4) Such funds so distributed shall be administered by the state board as now created and constituted by Section 2 of Article IX of the State Constitution as revised in 1968, or by such other instrumentality of the state which shall hereafter succeed by law to the powers, duties and functions of the state board, including the powers, duties and functions of the state board provided in this amendment. For the purposes of this amendment, said state board shall be a body corporate and shall have all the powers provided in this amendment in addition to all other constitutional and statutory powers related to the purposes of this amendment here­tofore or hereafter conferred upon said state board.

(5) The state board shall, in addition to its other constitutional and statm >ry powers, have the management, control and supervision of the proceeds of the first part of the revenues de­rived from the licensing of motor vehicles pro­vided for in this subsection (d). The state board shall also have power, for the purpose of ob-

taining funds for the use of any school board of any school district or board of trustees of any junior college district in acquiring, building, constructing, altering, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating, or repairing of capital outlay proj­ects for school purposes to issue bonds or motor vehicle tax anticipation certificates, and also to issue such bonds or motor vehicle tax anticipa­tion certificates to pay, fund or refund any bonds or motor vehicle tax anticipation certifi­cates theretofore issued by said state board. All such bonds or motor vehicle tax anticipation certificates shall bear interest at not exceeding five per centum per annum, or such higher inter­est rate as may be authorized by statute hereto­fore or hereafter passed by a three-fifths (3/ 5) vote of each house of the legislature. All such bonds shall mature serially in annual install­ments commencing not more than three (3) years from the date of issuance thereof and ending not later than thirty (30) years from the date of issuance, or July 1, 2007, A.D., whichever is earlier. All such motor vehicle tax anticipa­tion certificates shall mature prior to July 1, 2007, A.D. The state board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and to sell at public sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the state board shall provide.

(6) The state board shall also have power to pledge for the payment of the principal of and interest on such bonds or motor vehicle tax anti­cipation certificates, including refunding bonds or refunding motor vehicle tax anticipation certificates, all or any part from the anticipated revenues to be derived from the licensing of motor vehicles provided for in this amendment and to enter into any covenants and other agree­ments with the holders of such bonds or motor vehicle tax anticipation certificates at the time of the issuance thereof concerning the security thereof and the rights of the holders thereof, all of which covenants and agreements shall con­stitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent juris­diction.

(7) No such bonds or motor vehicle tax anti­cipation certificates shall ever be issued by the state board until after the adoption of a resolu­tion requesting the issuance thereof by the school board of the school district or board of trustees of the junior college district on behalf of which the obligations are to be issued. The state board of education shall limit the amount of such bonds or motor vehicle tax anticipation certificates which can be issued on behalf of any school district or junior college district to ninety percent (90%) of the amount which it determines can be serviced by the revenue accruing to the school district or junior college district under the pro­visions of this amendment, and such determi-

A-6

FLORIDA CONSTITUTION ART. XII, s. 9

nation shall be conclusive. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the state board of education but shall be issued for and on behalf of the school board of the school district or board of trustees of the junior college district requesting the issuance thereof, and no election or approval of qualified electors shall be re­quired for the issuance thereof.

(8) The state board shall in each year use the funds distributable pursuant to this amend­ment to the credit of each school district or junior college district only in the following manner and in order of priority:

a. To comply with the requirements of para­graph (1) of this subsection (d).

b. To pay all amounts of principal and in­terest maturing in such year on any bonds or motor vehicle tax anticipation certificates issued under the authority hereof, including refunding bonds or motor vehicle tax anticipation certifi­cates, issued on behalf of the school board of such school district or board of trustees of such junior college district; subject, however, to any covenants or agreements made by the state board concerning the rights between holders of different issues of such bonds or motor vehicle tax anticipation certificates, as herein autho­rized.

c. To establish and maintain a sinking fund or funds to meet future requirements for debt service or reserves therefor, on bonds or motor vehicle tax anticipation certificates issued on behalf of the school board of such school dis­trict or board of trustees of such junior college district under the authority hereof, whenever the state board shall deem it necessary or ad­visable, and in such amounts and under such terms and conditions as the state board shall in its discretion determine.

d. To distribute annually to the several school boards of the school districts or the boards of trustees of the junior college districts for use in payment of debt service on bonds heretofore or hereafter issued by any such school boards of the school districts or boards of trustees of the junior college districts where the proceeds of the bonds were used, or are to be used, in the acquiring, building, constructing, altering, remodeling, improving, enlarging, furnishing, equipping, maintaining, renovating, or repair­ing of capital outlay projects in such school districts or junior college districts and which capital outlay projects have been approved by the school board of the school district or board of trustees of the junior college district, pursuant to the most recent survey or surveys conducted under regulations prescribed by the state board to determine the capital outlay needs of the school district or junior college district. The state board shall have power at the time of is­suance of any bonds by any school board of any school district or board of trustees of any junior college district to covenant and agree with such school board or board of trustees as

to the rank and priority of payments to be made for different issues of bonds under this sub­paragraph d., and may further agree that any amounts to be distributed under this subpara­graph d. may be pledged for the debt service on bonds issued by any school board of any school district or board of trustees of any junior college district and for the rank and priority of such pledge. Any such covenants or agreements of the state board may be enforced by any holders of such bonds in any court of competent jurisdiction.

e. To distribute annually to the several school boards of the school districts or boards of trustees of the junior college districts for the pay­ment of the cost of acquiring, building, con­structing, altering, remodeling, improving, en­larging, furnishing, equipping, maintaining, ren­ovating, or repairing of capital outlay projects for school purposes in such school district or junior college district as shall be requested by resolution of the school board of the school dis­trict or board of trustees of the junior college district.

f. When all major capital outlay needs of a school district or junior college district have been met as determined by the state board, on the basis of a survey made pursuant to regula­tions of the state board and approved by the state board, all such funds remaining shall be distributed annually and used for such school purposes in such school district or junior college district as the school board of the school dis­trict or board of trustees of the junior college district shall determine, or as may be provided by general law.

(9) Capital outlay projects of a school dis­trict or junior college district shall be eligible to participate in the funds accruing under this amendment and derived from the proceeds of bonds and motor vehicle tax anticipation cer­tificates and from the motor vehicle license taxes, only in the order of priority of needs, as shown by a survey or surveys conducted in the school district or junior college district under regula­tions prescribed by the state board, to deter­mine the capital outlay needs of the school district or junior college district and approved by the state board; provided that the priority of such projects may be changed from time to time upon the request of the school board of the school district or board of trustees of the junior college district and with the approval of the state board; and provided further, that this para­graph (9) shall not in any manner affect any covenant, agreement or pledge made by the state board in the issuance by said state board of any bonds or motor vehicle tax anticipation certifi­cates, or in connection with the issuance of any bonds of any school board of any school district, or board of trustees of any junior college dis­trict.

(10) The state board may invest any sinking fund or funds created pursuant to this amend­ment in direct obligations of the United States

A-7

ART. XII, s. 9 FLORIDA CONSTITUTION

of America ot in the bonds or motor vehicle tax anticipation certificates, issued by the state board on behalf of the school board of any school district or board of trustees of any junior college district.

(11) The state board shall have power to make and enforce all rules and regulations neces­sary to the full exercise of the powers herein granted and no legislation shall be required to render this amendment of full force and operating effect. The legislature shall not reduce the levies of said motor vehicle license taxes during the life of this amendment to any degree which will fail to provide the full amount necessary to comply with the provisions of this amendment and pay the necessary expenses of administering the laws relating to the licensing of motor vehicles, and shall not enact any law having the effect of with­drawing the proceeds of such motor vehicle li­cense taxes from the operation of this amend­ment and shall not enact any law impairing or materially altering the rights of the holders of any bonds or motor vehicle tax anticipation certificates issued pursuant to this amendment or impairing or altering any covenant or agree­ment of the state board, as provided in such bonds or motor vehicle tax anticipation certifi­cates.

(12) The state board shall have power to appoint such persons and fix their compensation for the administration of the provisions of this amendment as it shall deem necessary, and the expenses of the state board in administering the provisions of this amendment shall be prorated among the various school districts and junior college districts and paid out of the pro­ceeds of the bonds or motor vehicle tax antici­pation certificates or from the funds distri­butable to each school district or junior college district on the same basis as such motor vehicle license taxes are distributable to the various school districts or junior college districts under the provisions of this amendment. Interest or profit on sinking fund investments shall accrue to the school districts or junior college districts in proportion to their respective equities in the sinking fund or funds.

(13) Bonds issued by the state board pur­suant to this subsection (d) shall be payable primarily from said motor vehicle license taxes ­as provided herein, and if heretofore or hereafter authorized by law, may be additionally secured by pledging the full faith and credit of the state without an election. When her~fore or here­after authorized by law, bonds Issued pursuant to 5 Article XII, Section 18 of the Constitution of 1885, as amended prior to 1968, and bonds issued pursuant to Article XII, Section 9, sub­section (d) of the Constitution as revised in 1968, and bonds issued pursuant to this subsection (d), may be refunded by the issuance of bonds ad­ditionally secured by the full faith and credit of the state only at a lower net average interest cost rate.

suant to this Section 9 of Article XII which are payable primarily from revenues pledged pur­suant to this section shall not be included in applying the limits upon the amount of state bonds contained in Section 11, Article VII, of this revision.

6(f) If, at the general election-at which this amendment is adopted, there is also adopted an amendment to this section wherein the proposed language of subsection (a) differs from that con· tained herein, then such other language as to subsection (a) shall prevail over the language of subsection (a) as contained herein.

7(g) If, at the general election at which this amendment is adopted, there is also adopted an amendment to this section wherein the pro· posed language of subsection (d) differs from that contained herein, then such other language shall prevail over the language of subsection (d) as contained herein.

9 (h) If, at the general election at which this amendment is adopted, there is also adopted an amendment to this section wherein the proposed lan­guage of subsection (c) differs from that contained herein, then such other language as to subsection (c) shall prevail over the language of subsection (c) as contained herein. This amendment shall take effect as of July 1, 1975.

History.-Am. H.J.R. 1851, 1969; adopted 1969; Am. §9!al Com. Sub. for S.J.R. 292, 1972, and Am. §9(d) Com. Sub. for H.J.R. 3576, 1972; adopted 1972; Am. Com. Sub. for H.J .R. 2289 and 2984, 1974; adopted 1974.

•Note.-Section 17 of Art. IX of the Constitution of 18M, aa amended, reads as follows :

SECTION 17. Bonds; land acquisition for outdoor recreation development.-The outdoor re<:reational development council, as created by the 1963 legislature, may issue revenue bonds, revenu• certificates or other evidences of indebtedness to acquire lands, water areas and related resources and to construct, improve, enlarge and extend capital improvements and facilities thereon in furtherance of outdoor recreation, natural resources conservation and related facil ­ities in this state; provided, however, the legislature with respect to such revenue bonds, revenue certificates or other evidences of indebtedness shall designate the revenue or tax sources to be de­posited in or credited to the land acquisition trust fund for their re­payment and may impose restrictions on their issuance, including the fixing of maximum interest rates and discounts.

The land acquisition trust fund, created by the 1963 legislature for these multiple public purposes, shall continue from the date of the adoption of this amendment for a period of fifty years.

In the event the outdoor recreational development council shall deter· mine to issue bonds for financing acquisition of sites for multiple purposes the state board of administration shall act as fiscal al(ent, and the attorney general shall handle the validation proceedinl(a.

All bonds issued under this amendment shall be sold at public sale after public advertisement upon such tenns and conditions as the out­door recreational development council shall provide and as otherwise provided by law and subject to the limitations herein imposed.

Hiatory.-S.J.R. 727, 1963, adopted 1963.

•Note.-Section 19 of Art. XII of the Constitution of lfll!i;, as amen<!ed, reads as follows:

SECTION lD . Institutions or hirher learninr and junior collere capital ouua,. trust rund bonds.-la) That beginning Jan­uary 1, 1064, and for fifty years thereafter. all or the proceeds of the revenues derived from the gross receipts taxes collected from every person, Including municipalities, receiving pay­ment for electricity for light, heat or power. for natural or manufactured gas for light, heat or power, for use of tele· phones and for the sending of telegrams and telegraph mes­sages, as now provided and levied as of the time of adoption of this amendment In Chapter 203, Florida Statutes lhereln­after called "Gross Receipts Taxes"), shall, as collected be placed In a trust fund to be known as the "Institutions of Higher Learning and Junior Colleges Capital Outlay and Debt Service Trust Fund" In the State Treasury (hereinafter referred to as "Capital Outlay Fund" ), and used only as provided In this Amendment.

(e)

Said fund shall be administered by the State Board of Education, as now created and constituted by Section 3 'of Article XII [now 12. Article IX 1 of the Constitution of Florida DEBT UMITATION. Bonds issued pur­

A-8

FLORIDA CONSTITUTION ART. XII, s. 9

(hereinafter referred to as "State Board"). For the purpose of this Amendment, said State Board, as now constituted, shall continue as a body corporate during the life of this Amend­ment and shall have all the powers provided in this Amend­ment in addition to all other constitutional and statutory powers related to the purposes of this Amendment heretofore or hereafter conferred by law upon said State . Board.

lbl The State Board shall have power, for the purpose of obtaining fund s for acquiring, building, constructing, altering, improv ing, enlarging. furni shing or equipping capital outlay projects theretofore authorized by the legislature and any pur­poses appurtenant or incidental th e reto. for Institutions of Higher · Lea rning or Junior Colle ges, as now defined or as may be hereafter defined by law . and for the purpose of construct­Ing buildings and other pe rmanent facilities for vocational technical schools as provided in chapter 230 Florida Statutes, to iss ue bonds or certificates, Including refunding bonds or certificates to fund or · refund any bonds or certificates there­tofore issued. All such bonds or certificates shall bear Interest at not exceedin g four and one-half per centum per annum, and shall mature at such time or time s as the State Board shall determine not exceeding·, in any event, however, thirty years from t.he date of issuance thereof. The State Board shall have power to determine all other details of such bonds or certtflM cates and to se ll at public sale. after public advertisement, .such bonds or certificates. provided, however, that no bonds or crrtitlcates shall ever be issued hereunder to finance , or the proceeds thereof expended for, any part of the cost of any capJtal outlay proJect unle ss the construction or acquisition of such capital outlay project has been theretofore authorized by the Legislature of Florida . None of sa id bonds or certificates shall be so ld at less than ninety-eight per centum of the par l'alue thereof. plus accrued Interest, and said bonds or certifi­cates shall be awarded at the public sale thereof to the bid­de r offering the lowe s t net interPst cost for such bonds or certificate~ in the manner to be determined by the State Board .

The State Board shall also have po.,•er to pledge for the pay­ment of the principal of and interest on such bonds or certift­catrs. and r(>se r\'es therefor. including refunding bonds or certificate~. all or any part of the revenue to be derived from thp said Gross Receipts Taxes provided for in this Amendment, and to enter into any covenants and other agreements with the holders of such bonds or certificates concerning the security thereof and the ri ghts of the holders thereof, all of which covenants and agreements shall constitute legally binding and irrevocable contracts with such holders and shall be fully enforceable by such holders in any court of competent juris­diction.

No such bonds or certificates shall ever be Issued by the State Board in an amount exceeding seventy-five per centum or the amount which it determines, based upon the average annual amount of the revenues derived from said Gross Receipts Taxes during the Immediately preceding two fiscal years, or the amount of the re venues derived from said Gross Receipts Taxrs during the immediately preceding fiscal year, as shown in a certificate filed by the State Comptroller with the State Board prior to the issuance of such bonds or certiflcat'es whichever is the lesse r, can be serviced by the revenue~ accruing thereafter under the provisions of this Amendment · nor shall the State Board, during the fir st year following th~ ratification of this amendment, Issue bonds or certificates In excess of seven time s the anticipated revenue from said Gross Receipts Taxes during said year, nor during each succeeding yr ar. more than four times the anti ci pated revenue from said Gross Receipts Taxes during such year. No election or approval of qualified electors or freeholder electors shall be required for the tssuance of bonds or certificates hereunder .

After the initial issuance of any bonds or certificates pur­suant to thi s Amendment, the State Board may thereafter issue additional bonds or certificates which will rank equally and on a parity , as to lien on and source of security for pay­ment from said Gross Receipts Taxes, with any bonds or certificates theretofore issued pursuant to this Amendment, but such additional parity bonds or certificates shall not be issued unless the average annual amount of the revenues de­rived from said Gross Receipts Taxes during the immediately preceding two fiscal years. or the amount of the revenues u~rived from said Gross Receipts Ta·xes during the immediately prPceding fiscal year, as shown in a certificate filed by the State Comptroller with the State Board prior to the Issuance of such bonds or certificates, whichever is the lesser, shall have been equal to one and one-third tiines the aggregate amount of principal and interest which will become due In any succPeding fiscal year on all bonds or certificates theretofore issued pursuant to this Amendment and then outstanding, and the additional parity bonds or certificates then proposed to be issued . No bonds. certificates or other obligations' whatsoever shall at any time be issued under the provisions of this Amendment, except such bonds or certificates initially issued hereunder, and such additional parity bonds or certificates as provided In this paragraph, Notwithstanding any other pro­vision herein no such bonds or certificates shall be authorized or validated during any biennium in excess of fifty mllllon dollars, except by two-thirds vote of the members elected to each hou se of the legislature; provided further that during the biennium 1963-1965 seventy-five million dollars may be authorized and validated pursuant hereto.

1 c) Capital outlay projects theretofore authorized by the legislature for any Institution of Higher Learning or Junior College shall tie eligible to participate in the funds accruing under this Amt>ndment derived from the proceeds of bonds or certificates and said Gross Receipts Taxes under such regulations and in such manner as shall be determined by the State Board, and the State Board shall use or transmit to the State Board of Control or to the Board of Public In­struction of any County authorized by law to construct or acquire such capital outlay proJects, the amount of the pro­ceeds of such bonds or certificates or Gross Receipts Taxes to be applied to or used for such capital outlay projects. If for any reason any of the proceeds of any bonds or certifi­cates Issued for any capital outlay project shall not be expended for such capital outlay project. the State Board may use· such unexpended proceeds for any other capital outlay project for Institutions of Higher Learning or Junior Colleges and vocational technical schools, as defined herein, as now defined or as may be hereafter defined by law, theretofore authorized by the State Legislature . The holders of bonds or certificates Issued hereunder shall not have any responslblllty whatsoever for the application or use of any of the proceeds derived from the sale of said bonds or certificates, and the rights and remedies of the holders of such bonds or certi­ficates and their right to payment from said Gross Receipts Taxes in the manner provided herein shall not be affected or Impaired by the application or use of such proceeds .

The State Board shall use the moneys In said Capital Out­lay Fund in each fiscal year only for the following pur­poses and In the following order of priority :

11 l For the payment of the principal of and Interest on any bonds or certificates maturing In such fiscal year.

121 For the deposit Into any reserve funds provided for In the proceedings authorizing the Issuance of said bonds or certificates. of any amounts required to be deposited In such reserve funds In such fiscal year.

131 After all payments required In such fiscal year for the purposes provided for In 111 and 121 above. Including any deficiencies for required payments In prior fiscal years, any moneys remaining In said Capital Outlay Fund at the end of such fiscal year may be used by the State Board for direct payment of the cost or any part of the cost of any capital outlay project theretofore authorized by th1:! legislature or for the purchase of any bonds or certtftcates issued hereunder then outstanding upon such terms and conditions as the State Board shall deem proper, or for the prior redemption of out­standing bonds or certificates in accordance with the provisions of the proceedings which authorized the Issuance of such bonds or certificates.

The State Board may invest the moneys In said Capital Outlay Fund or In any slnk'lng fund or other funds created for any Issue of bonds or certificates, In direct obligations of the United States of America o·r In the other securities referred to in Section 344.27, Florida Statutes.

(dl The State Board shall have the power to make and enforce all rules and regulations necessary to the full exercise of the powers he"ein granted and no legislation shall be re­quired to render this Amendment of full force and operating effect on and after January I, 1864. The Legislature, during the period this Amendment is In effect, shall not reduce the rate of said Gross Receipts Taxes now provided In said Chap­ter 203, Florida Statutes. or eliminate, exempt or remove any of the persons , firms or corporations, Including municipal cor­porations, or any of the utilities. businesses or services now or hereafter subject to said Gross Receipts Taxes. from the levy and collection of said Gross Receipts Taxes as now provided In said Chapter 203, Florida Statutes, and shall not enact any law Impairing or materially altering the rights of the holders of any bonds or certificates issued pur'iuant to this Amend· ment or impairing or altering ar.y covenants or agreements of the State Board made hereunder, or having the effect of with­drawing the proceeds of said Gross Receipts Taxes from the operation of this Amendment.

The State Board of Administration shall ·be and Is hereby constituted as the Fiscal Agent of the State Board to perform such duties and assume such responslbllltles under thts Amend­ment as shall be agreed upon between the State Board and such State Board of Administration. The State Board shall also have power to appoint such other persqns and nx their compensation for the administration of the provisions of this Amendment as It shall deem necessary, and the expenses of the State Board In administering the provisions of this Amend­ment shall be paid out of the proceeds of bonds or certlftcates Issued hereunder or from said Gross Receipts Taxes deposited in said Capital Outlay Fund.

(el No capital outlay project or any part thereof shall be financed hereunder unless the blll authorizing such project shall specify It Is financed hereunder and shall be approved by a vote of three-fifths of the elected members of each house.

Hlstor:r.-S.J.R. 264, 1863, adopted 1863. 'Note.-Section 16 of Art. IX of the Constitution of lAAS, as

amended, reads as folloW!~~.: SECTION 16. Board of administration; ca1ollne aad like

taxes, distribution and use: etc.-( a) That beginning January 1st, 1843, and for ftfty !501

years thereafter, the proceeds of two (2tl cents per gallon

A-9

ART. XII, s. 9 FLORIDA CONSTITUTION

of the total tax levied by state law upon gasoline and other like products of petroleum, now known as the Second Gas Tax, and upon other fuels used to propel motor vehicle<. shall as collected be placed monthly in the 'State Roads Distribution Fund' in the State Treasury and divided into three 1J1 equal parts which shall be distributed monthly among the several counties as follows: one part according to area. one part according to pop•Jlation. and one part according to the counties' contributions to the cost of state road const ruction in the ratio of distribution as provided in Chapter 15659, Laws of Florida, Acts of 1931. and for the purposes of the apportion­ment based on the counties' contributions for the cos t of state road construction, the amount of the contributions established by the ce rtincates made In 1931 pursuant to said Chapter 15659, shall be taken and deemed conclusive in computing the monthly amounts distributable according to ~aid cont ributions . Such funds so distributed shall be adrnlnisterecl by the State Board of Administration A. s hereinafter provided .

(bl The Governor as chai rman . lhl! State Treasure r. and the f!tate Comptroller shall constitute a body corporate to be known as the ·state Board of Adm inistration.' which board shall succeed to all the power, control and authority of the statutory Board of Administration . Said Board shall have , in addition to such powers as may be conferr ed upon it by law. the manage ment, control and super vi!iiion of thr proceeds of said two 12r 1 cents of !'aid taxes and all moneys and othrr assets which on the effective date of this amendment are applicable or may become applicable to the bonds of the seve ral counties of this state, or any spec ial road and bridge district, or other specia l taxing district thrrPOf. issued prior to July !st. 1931. for road and bridge purposes . The word ·oonds' as used herein sh a ll include bonds. tune warrant s, notes and other form s of indebtedness issurd for road and br id ge purposes by any county or specia l road and brid~e district or other special taxing district. outstanding on Jul y !st. !931. or any refunding issues thereof. Said Board shall have the statutory powers of Boards of County Commissioners and Bond Trustees and of an y other authority of special road and bridg·e districts, and other special taxing· districts thereof with regard to said bonds, (except that the power to levy ad valorem taxes is express ly withheld from said Board l. and shall take over all papers, documents and records concerninJ;t the same. Said Board shall hav e the power from time to time to issue refunding bonds to mature within the said fifty 1501 year period. for an y of said outstanding· bonds or interest thereon, and to secu re them by a pledge of anticipated receipts from such gasoline or other fuel taxes to be distributed to such county as herein provided, but not at a greater rate of interest than said bonds now bear: and to issue, sell or exchange on behlilf of any county or unit for the sole pur· pose of retiring said bonds issued by such county , or specia l road and bridge district , or other specia l taxing district thereat. gasoline or other fuel tax anticipation certificates brar­tng interest at not .more than three 131 per cent per annum in such denominations and maturing at such time within the Hfty t50l year period as the board may dete rmine . In addition to exercising the powers now provided by statute for the in­vestment of sinking funds. said Board may use the sinking fund s created for said bonds of any county or spec ial road and bridge district. or other unit hereunder, to purchase the matured or maturing bonds participating herein of any other county or any other speci al road and bridge district, or other special taxing district thereof, provided that as to said matured bonds, the value thereof as an investment shall be the price paid therefor, which shall not exceed the par value plus accrued interest, and that said investment shall bear interest at the rate of three (3' pe r cent per annum.

(c) The said board shall annually use said funds in each county account, nrst. to pay current principal and interest maturing, If any, of said bonds and gasollne or other fuel tax anticipation certificates of such county or special road and bridge district, or other special taxing district thereof; second, to establish a sinking fund account to meet future requirements of said bonds and gasoline or other fuel tax anticipation certincates where it appears the 1 anticipated income for any year or years wlll not equal scheduled payments thereon: and third, any remaining balance out of the proceeds of said two t2() cents of said taxes shall monthly during the year be remitted by said board as follows : Eighty (807<) per cent to the State Road Depar.tment for the construction or recon­struction of state roads and bridges within the county, or for the lease or purchase of bridges connecting state highways within the county, and twenty 1207.) per cent to the Board of County· Commissioners of such county for use on roads and bridges therein.

(d) Said board shall have the power to make and enforce all rules and regulations necessary to the full exercise of the powers hereby granted and no legislation shall be required to render this amendment of full force and operating effect from and after January 1st, 1943. The Legislature shall continue the levies of said taxes during the life of this Amendment, and shall not enact any law having the effect of wlthdrawfng the proceeds of said two 12() cents of said taxes from the operation of this amendment. The board shall pay refunding expenses and other expenses for services rendered speclHcally for, or which are properly chargeable to, the account of any county from

funds distributed to such county; but general expenses of the board for services rendered all he counties alike shall be prorated among them and paid out of said funds on the same basis said tax proceeds are distributed among the several countie s: provided, report of said expenses shall be made to each Regular Session of the Legislature , and the Legislature may limit the expense~ of the board.

Hlstory.-Added, S .J. R . 324. 1941; adopted 1942.

•Note.-Prior to its amendment by H.J.R. 3576, subsection (d) read as follows:

(d) SCHOOL BONDS. Article XII, Section 18, of the Constitution of 1885, as amended, as it existed immediately before this revision becomes effective is adopted by this reference as part of this revision as completely as though incorporated herein verbatim, except bonds or tax anticipation certificates hereafter issued thereunder may bear interest not in excess of five per cent per a nnum or such higher interest as may be authorized by statute passed by a three-fifths vote of each house of the legislature. Bonds issued pursuant to this sub­section (d) shall be payable primarily from revenues as provided in Article XII, Section 18, of the Constitution of 1885, as a mended, and if authorized by law, may be additionally secured by pledging the full faith and credit of the state without an election . When authorized by law, bonds issued pursuant to Article XII , Section 18, of the Con­sti tution of 1885, as amended, a nd bonds issued pursuant to this subsection (d), may be refunded by the issuance of bonds additionally secured by the full faith and credit of the state only at a lower net average in terest cost rate.

'Note.- Section 18, Art. XII of t he Constitution of 18!!5, as amended, reads a s follow~:

SECTION 18 . Srhool bonds for rapltal outlay, issuance.-' a> Brginning January 1. 1965 and for thirty-five years there­

after. the fir ~ t procerds of the revenue~ derived from the licens ing of motor vehicles to the extent necessary to comply with the provbions of this amendment, sha ll, as collected. be placed monthly in th e county cap ital outlay and debt service school fund in the .s tate treasury, and used only as provided in thi s amendml'nt . Such revenue shall be dis tributed annually among the several counties in the ratio of the number of in~truction units in each cou nty in each year computed as pro­vided herein . The amount of the fir s t revenues derived from the licrnsing of motor vehicles to be so set a side in each year and di.stributrd as provided herein shall be an amount eq ual in the agg regate to the product of four hundred dollars multiplied by the total number of instruction unit s in all the countie s of F lorida. The number of instruction units in each county in each y£'ar for the purposes of this amendment shall be the greatPr of 1 1• the numbe r of instruct ion units in each county for the l'choo l ft!"cal year 1951·52 computed in the manner heretofore providf'd by genrral law, or 121 the num­ber of inst ruction units in such county for the school fiscal year computed in the manner heretofore or hereafter pro­vided by general law and approved by the s tate board of educat ion !hereinafter called the s tate board>. or t3> the number of ins truction units In each county on behalf of which the state board of education has issued bonds or motor vehicl e tax anticipation rertiHcates under this amendment which will produce s ufficient revenues under this amendment to equal one and one-thi rd times the aggregate amount of principal of and Interest on s uch bonds or motor vehicle tax anticipa­tion certificates which will mature and become due in such year, computed in the manner heretofore or hereafter provided by general law and approved by the state board .

Such funds so di st ributed shall be administered by the state board as now created and constituted by Section 3 of Article XII (now !2, Article IX I of the Constitution of Florida . For the purposes of this amendment. said state board , as now constituted. shall continue as a body corporate during the llfe of this amendment and shall have all the powers provided in this amendment in addition t o all other constitutional and statutory powers related to the purposes of this amendment heretofore or hereafter conferred upon said board.

(b) The state board shall, in addition to its other con­stitutional and statutory powers, have the management, con­trol and supervis ion of the proceeds of the first part of the revenues d e rived from the licensing of motor vehicles provided for in subsection 1 a 1. The sta te board shall also have power, for the purpose of obtaining funds for the use of any county board of public instruction In acquiring, building , constructing, altering, Improving, enlarging, furnishing, or equipping capital outlay projects for schoo l purposes. to issue bonds or motor vehicle tax anticipation certlncates, and also to Issue such bonds or motor vehicle tax anticipation certincates to pay, fund or refund any bonds or motor vehicle tax anticipation certiH­cates theretofore issued by said state board. All such bonds shall bear interest at not exceeding four and one-half per centum per annum and shall mature serially in annual installments commencing not more than three years from the date of Issu­ance thereof and ending not later than thirty years from the date of issuance or January I, 2000 , A.D ., whichever Is earlier. All such motor vehicle tax anticipation certificates shall bear interes t at not exceeding four and one-half per centum per annum and shall mature prior to January I, 2000, A.D. The state board shall have power to determine all other details of said bonds or motor vehicle tax anticipation certificates and

A-10

FLORIDA CONSTITUTION ART. XII, s. 9

to sell at publtc sale after public advertisement, or exchange said bonds or motor vehicle tax anticipation certificates, upon such terms and conditions as the state board shall provide.

The state board shall also have power to pledge for the pay. ment of the principal of and interest on such bonds or motor vehicle tax anticipation certificates, including refunding bonds or rerundlng motor vehlcle tax anticipation certificates, all or any part from the antlclpated revenues to be derived from the licensing of motor vehicles provided !or ln this amendment and to enter into any covenants and other agreements with the holders of such bonds or motor vehicle tax anticipation certifi­cates at the time or the Issuance thereof concerning the security thereof and t he rights or the holders thereof, all or which covenants and agreements sha ll constitute legally bind­Ing and Irrevocable contracts with such holders and shall be fully enforceable by such holders in any court or competent jurisdiction.

No such bonas or motor vehicle tax anttclpatlon certificates shall ever be Issued by the state board until aiter the adoption or a resolution requesting the Issuance thereof by the county board or publlc Instruction of the county on behalf or which such obllgations are to be issued. The state board or education shall limit the amount of such bonds or motor vehicle tax anticipation certificates which can be issued on behalf of any county to seventy -five per cent of the amount which tt deter­mine s can be serviced by the revenue accru ing to the county under the provisions of this amendment, and such determina­tion shall be conclusive. All such bonds or motor vehicle tax anticipation certificates shall be issued in the name of the state board of education but shall be issued for and on behalf of the county board of public instruction requesting the issuance thereof. and no election or approval of qualified electors or freeholders shall be required for the Issuance thereof.

1c1 The State Board· shall in each year use the funds distributab le pursuant to this Amendment to the credit of each county only in the following manner and order or priority:

111 To pay all amounts of principal and interest maturing in such year on an y bonds or motor vehicle tax anticipation certificates Issued under the authority hereof. Including re­funding bonds or motor vehicle tax anticipation certificates, issued on behalf of the Board or Publlc Instruction of such county: subject, however. to any covenants or agreements made by the State Board concerning the rights between holders of different issues of such bonds or motor vehicle tax anticipa­tion certificates, as herein authorized.

121 To establish and maintain a sinking fund or funds to meet future requirements for debt service, or reserves there­for, on honds or motor vehicle tax anti(.'ipation ('t'rtifi("alt>s issued on behalf or the Board or Publlc Instruction of such county. under the authority hereof. wheneve r the State Board shall deem it necessary or advi.!';able, and in such amounts and under such term s and conditions as the State Board shall In its discretion determine .

131 To distribute annually to the seve ral Boards of Public Instruction of the counties for use in payment of debt serv­ice on bonds heretofore or hereafter issued by any such Board where the proceeds or the bonds were used, or are to be used, in the construction, acquisition, improvement. enlargement, furni shing. or equipping of capital , outlay projects In such county, and which capital outlay projects have been approved by the Board of Public Instruction or the county, pursuant to a survey or surveys conducted subsequent to July 1, 1947 in the county, under regulations pre scribed by the State Board to determine the capital outlay needs of the county .

The State Board shall have power at the time of issuance of any bonds by any Board of Public Instruction to covenant and agree with such Board as to the rank and priority or payments to be made for different issues of bonds under this Subsection t JI, and may further agree that any amounts to be distributed under this Subsection (3) may be pledged for the debt service on bonds issued by any Board or Publlc In­struction and !or the rank and priority of such pledge. Any s uch covenants or ag·reements of the State Board may be enforced by any holders of such bonds in any court of com­petent juri!o;diction.

(41 To distribute annually to the several Boards or Public Instruction of the counties for the payment of the cost of the construction, acquisition, Improvement, enlargement, furnishing, or equipping or capital outlay projects !or school purposes In such county as shall be requested by resolution or the County Board of Public Instruction of such county.

t51 When all major capital outlay needs of a county have been met as determined by the State Board, on the basls of a survey made pursuant to regulations of the State Board and approved by the State Board, ~ll such funds remaining shall be distributed annually and u sed !or such school purposes In

s uch county as the Board of Public Instruction or the county shall determine , or as may be provided by general law.

1dl Capital outlay projects of a county shall be eligible to participate in the fund s accruing under this Amendment and derived from the proceeds of bonds and motor vehicle tax anticipation certificates and from the motor vehicle license taxes, only in the order of priority or needs, as shown by a survey or surveys conducted in the county under regulations prescribed by the State Board, to determine the capital outlay needs of the county and approved by the State Board ; pro­vided, that the priority or such projects may be changed !rom time to time upon the request of the Board or Public Instruc­tion or the county and with the approval or the State Board ; and provil!ed further, that thls Subsection (d) shall not In any manner affect any covenant, agreement, or pledge made by the State Board ln the issuance by said State Board or any bonds or motor vehicle tax anticipation certificates, or in con­nection with the Issuance of any bonds or any Board or Publlc Instruction of any county.

lei The State Board may Invest any sinking fund or funds created pursuant to this Amendment In direct obligations of the United States or America or in the bonds or motor vehicle tax anticipation certificates, matured or to mature, Issued by the State Board on behalf of the Board of Public Instruction of any county.

1 r I The State Board shall have power to make and enforce all rules and regulations necessary to the full exercise of the powers herein granted and no legislation shall be required to render this Amend ment or full force and operating effect from and after January 1, 1i53. The Legislature shall not reduce the "levies or said motor vehicle license taxes durlng the ure or this Amendment to any degree whlch will !all to provide the full amount necessary to comply wlth the provisions or this Amendment and pay the necessary expenses of administering the laws relating to the ltcen s ing of motor vehicles, and shall not enact any law having the effect of withdrawing the pro­ceeds of such motor vehicle license taxes !rom the operation or this Amendment and shall not enact any law impairing or materially altering the rights of the holders or any bonds or motor veh icle tax anticipation certificates issued pursuant to this Amendment or impairing or altering any covenant or agreement or the State Board , as provided In such bonds or motor vehicle tax anticipation certificates .

The State Board shall have power to appoint such persons and fix their compensation for the administration of the pro­visions of this Amendment as it shall deem necessary, and the expenses of the State Board in administering the provisions of this Amendment shall be prorated among the various counties and paid out or the proceeds or the bonds or motor vehicle tax anticipation certificates or from the funds distributable to each county on the same basis as such motor vehicle license taxes are distributable to the various counties under the provisions of this Amendment. Intere!.it or profit on sinking fund invest .. ments shall accrue to the counties in proportion to their re­spective equities In the sinking fund or funds .

Hlslory.-Added S.J .R. 106, 1951; adopted, li52; (a), (b) Am. S.J .R . 218, 1963; adopted, 1964.

6Note.-The reference here is to the general election held in November, 1972. At that election, the voters approved C.S. f•>r S.J.R. 292, which amended subsection (a).

7Note.-This subsection, orig-inally designated (0 by C.S. for S.J.R. 292, was redesignated (g) hy the editors in order to avoid mn­fusion with subsection (0 as contained in H.J .R. :!576. Referenn· herein is to the general election held in November, 1972. At that election, the voters approved H.J. R. :l576, which amended suhse<·tion (d).

"Note.-Prior to its amendment by C.S. for H.J. R. 2289 and H.J .R. 2984, 1974, subsection (a) read as follows:

lal ADDITIONAL SECURITIES. ' Article IX , Section 17, of the Constitu­tion of 1885, as amended, as it existed immediately before this Constitution, as revised in 1968, became effective , is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim , except revenue bonds, revenue certificates or other. evidences of indebtedness hereafter issued thereunder may be issued by the agency of the state so authorized by law .

2 Article XII, Section 19, of the Constitution of 1885, as amended, as it existed immediately before this revision becomes effective, is adopted by this reference as a part of this revision as completely as though incorporated herein verbatim, except bonds or tax anticipation certificates hereafter issued there­under may bear interest not in excess of five percent f5'h l per annum or such higher interest as may be authorized by statute pa9lied by a three-fifths i3/51 vote of each house of the legislature. No revenue bonds or tax anticipation certificates shall be issued pursuant thereto after June 30, 1975.

9 Note.-The reference here is to the general election held in November, 1974. At that election, the voters disapproved C.S. for H.J. R. 3522. 1974, which would have amended subsection Ccl. ·

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TABLE OF SESSION LAW CHAPTER NUMBERS

Senate Senate House House Bills Chapter Bills Chapter Bills Chapter Bills Chapter

82 74-11 8427 74-32 CS/H157 74-351 H1836 74-317 CS/83-A 74-627 8459 74-249 H187 74-59 H1837 74-159 87 74-36 8462 74-378 H218 74-42 H1911 74-209 89 74-37 8470 74-120 H259 74-20 C8/H1936 74-119 CS/815 74-172 8475 74-96 H282 74-54 H1974 74-50 S34 74-80 8491 74-33 H290 74-21 H1990 74-210 S38 74-27 CS/8492 74-337 H304 74-22 H2028 74-100 848 74-237 8496 74-250 H308 74-15 H2040 74-281 CS/856 74-360 8497 74-251 H312 74-124 H2086 74-282 S61 74-6 8498 74-252 H314 74-313 H2099 74-283 CS/S62 74-7 CS/8504 74-114 H318 74-115 CS/H2131, S63 74-334 8505 74-1 H435 74-202 2132 74-133 864 74-28 CS/8506 74-253 H455 74-275 H2155 74-104 876 74-8 CS/8518 74-69 H488 74-16 CS/H2179 74-383 CS/877 74-173 8522 74-13 CS/H509, H2205 74-175 C8/879 74-174 8553 74-338 510,511, CS/H2235 74-211 S80 74-81 CS/S579 74-367 & 512 74-276 CS/H2263 74-353 S81 74-376 8587 74-58 H544 74-125 C8/H2288, C8/884 74-274 CS/8588 74-254 H549 74-158 3001 74-160 S86 74-271 S589 74-309 CS/H584 74-371 H2346 74-176 CS/896 74-238 S609 74-14 H608 74-203 H2352 74-354 CS/899 74-82 S627 74-40 H611 74-43 H2359 74-134 8100 ' 74-29 8642 74-184 H629 74-381 CS/H2375 74-161 CS/8101 74-91 CS/S643 74-368 CS/H661 74-314 H2393 74-76 8102 74-155 S650 74-255 C8/H671 74-372 C8/H2395 74-25 8105 74-335 CS/S663 74-178 H711 74-126 H2407 74-162 8128 74-30 8683 74-41 H729 74-127 H2441 74-17 CS/8132 74-336 8716 74-256 H732 74-277 H2498 74-180 8134 74-272 8721 74-185 H788 74-389 C8/H2531 74-65 8139 74-239 8722 74-257 H802 74-10 H2545 74-51 8158 74-361

C8/8727 74-97 H803 74-204 H2551 74-88 8165 74-12

8783 74-123 H812 74-23 H2580 74-107 8797 74-183

8171 74-377 S825 74-369 CS/H895 74-382 H2591 74-339

8172 74-240 S828 74-258 H928 74-74 H2609 74-212

8192 74-94 CS/S830 74-79 H972 74-278 H2621 74-61 8209 74-9 S873 74-363

H1086 74-2 H2622 74-163 8210 74-68 CS/S880 74-387 H1107 74-44 H2627 74-330 8212 74-57 S887 74-364 H1135 74-87 CS/H2629 74-340 CS/8215 74-112 S889 74-259 H1145 74-205 H2643 74-52 8218 74-241 CS/S892 74-310

H1174 74-45 H2665 74-19 CS/8219 74-122 8903 74-179

H1199 74-315 H2666 74-341 ·8227 74-242 8937 74-70 H1216 74-279 H2684 74-284 8239 74-95 H1271 74-60 H2696 74-135 8240 74-38

8941 74-157 H1280 74-316 H2699 74-5 8245 74-31

CS/8959 74-121 H1289 74-128 CS/H2700 74-164 8251 74-39

8962 74-311 H1364 74-24 CS/H2714 74-213 8255 74-365

CS/8973 74-260 H1459 74-75 H2724 74-136 8256 74-243

CS/8974 74-379 H1460 74-46 H2728 74-214 8263 74-244 8983 74-261 H1474 74-129 C8/H2730 74-190 8264 74-98 8996 74-85 H1485 74-131 C8/H2732 74-53 8267 74-366 CS/8997 74-273 H1503 74-71 H2736 74-116 8276 74-245

81012 74-262 H1504 74-72 H2746 74-6.2 8277 74-113 CS/81020 74-370 Hl538 74-206 CS/H2751 74-318 CS/8284 74-362 81068 74-263 H1542 74-195 CS/H2799 74-285 S300 74-99

81091 74-86 H1543 74-196 CS/H2802 74-108 S314 74-246

81100 74-300 H1554 74-207 CS/H2809 74-10_2 S321 74-3 81110 74-264 H1660 74-280 H2812 74~117

S325 74-92 81116 74-388 H1685 74-352 CS/C8/H 81120 74-154 S334 74-83 H1696 74-208 2837 74-342 S335 74-84 House H1716 74-47 C8/H2848 74-331 S358 74-308 Bills Chapter CS/CS/H H2856 74-118 CS/C8/S364 74-156 H1-A 74-629 1739 74-130 H2862 74-319 CS/8374 74-247 H2-A 74-628 H1757 74-49 H2886 74-181 S380 74-4 CS/H54 74-380 'H1782 74-132 H2889 74-343 S392 74-248 H98 74-201 H1790 74-48 H2892 74-312

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