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- The Florida 2005 Legislative Session " Priorities " |
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AN AMENDMENT TO REMOVE QUADRIPLEGICS FROM NURSING HOMES
212.07
Sales, storage, use tax; tax added to purchase price; dealer not to
absorb; liability of purchasers who cannot prove payment of the tax;
penalties; general exemptions.--
(1)(a) The privilege tax herein levied measured by retail sales shall be collected by the dealers from the purchaser or consumer. (b) A resale must be in strict compliance with s. 212.18 and the rules and regulations, and any dealer who makes a sale for resale which is not in strict compliance with s. 212.18 and the rules and regulations shall himself or herself be liable for and pay the tax. Any dealer who makes a sale for resale shall document the exempt nature of the transaction, as established by rules promulgated by the department, by retaining a copy of the purchaser's resale certificate. The resale certificate shall list the products or services used by such businesses for resale. The Department shall provide an affidavit that may be used to add a product or service added by the dealer during the following year until the annual resale certificate is reissued. The resale certificate shall be used only for the products or services stated on the resale certificate or affidavit. Such affidavit, if used, shall be forwarded, monthly to the Department, and a copy shall be retained by the seller with the copy of the resale certificate. In lieu of maintaining a copy of the certificate, a dealer may document, prior to the time of sale, an authorization number provided telephonically or electronically by the department, or by such other means established by rule of the department. The dealer may rely on a resale certificate issued pursuant to s. 212.18(3)(c), valid at the time of receipt from the purchaser, without seeking annual verification of the resale certificate if the dealer makes recurring sales to a purchaser in the normal course of business on a continual basis. For purposes of this paragraph, "recurring sales to a purchaser in the normal course of business" refers to a sale in which the dealer extends credit to the purchaser and records the debt as an account receivable, or in which the dealer sells to a purchaser who has an established cash or C.O.D. account, similar to an open credit account. For purposes of this paragraph, purchases are made from a selling dealer on a continual basis if the selling dealer makes, in the normal course of business, sales to the purchaser no less frequently than once in every 12-month period. A dealer may, through the informal protest provided for in s. 213.21 and the rules of the Department of Revenue, provide the department with evidence of the exempt status of a sale. Consumer certificates of exemption executed by those exempt entities that were registered with the department at the time of sale, resale certificates provided by purchasers who were active dealers at the time of sale, and verification by the department of a purchaser's active dealer status at the time of sale in lieu of a resale certificate shall be accepted by the department when submitted during the protest period, but may not be accepted in any proceeding under chapter 120 or any circuit court action instituted under chapter 72. Additional revenues generated by this amended section, measured by the Department and the Annual Revenue Estimating Conference, shall be assigned to the Brain and Spinal Cord Injury Trust Fund. These funds will be used for the purpose of expanding the Brain and Spinal Cord Injury Program of Medicaid & Community Based Waivers beginning February 20, 2006. PRIORITY #2 THESE AMENDMENTS RELATE TO THE STATE ACCESSIBILITY CODE & BUILDING CODE. SECTION 15. The discipline of accessibility shall be added to the Florida Building Code. The discipline of accessibility shall include the accessibility chief, accessibility plans examiner, and accessibility inspector. The discipline shall include at least one building official. The accessibility inspector must use a formal accessibility checklist, signed by the accessibility inspector, which must become part of the permanent plan records. SECTION 16. The local building official administrator shall be the administrator for modifications to residential structures using public moneys. This administrator shall ensure that a home evaluation is made, a permit is obtained and the work completed in a timely manner. Whenever possible, the materials for ramps shall be concrete and conform to the state building code. If the structure is a rental property, the portability of the ramp materials must be considered. The administrator may ask for bids, use a lottery method, or any method necessary to complete the work in a timely manner. The administrator must approve modification costs, payment draws, and final payment for the work done on the modifications. The administrator, when possible, shall use landscaping to ensure that the ramp(s) are not obvious from the street. Title amendment for the above: Insert: Creating the discipline of accessibility within the Florida Building Code; designating employment specialties; providing procedures; directing the local building official administrator be responsible for handicapped modification of residential structures using public funds; providing duties, providing criteria for construction of ramps; Section 15. Paragraph (a) of subsection (9) and paragraph (b) of subsection (12) of section 553.504, Florida Statutes, are amended to read: 553.504 Exceptions to applicability of the guidelines.--Nothwithstanding the adoption of the Amercians with Disabilities Act Accessibility Guidelines in s. 533.503, all buildings, structures, and facilities in this state shall meet the following additional requirements when they provide increased accessibility. (9) In motels and hotels a number of rooms equaling at least 5 percent of the guest rooms minus the number of accessible rooms required by the guidelines shall provide the following special accessibility features: (a)Grab rails in bathrooms and toilet rooms that comply with s.4.16.4 of the guidelines, except that the grab rail on the wall that is parallel to the water closet shall be located 33 inches from and parallel to the finished floor., measured vertically to the top of the rail with a variation of not more than 1/2 inch. All buildings, structures, or facilities licensed as a hotel, motel, or condominium pursuant to chapter 509 shall be subject to the provisions of this subsection. Nothing in this subsection shall be construed as relieving the owner of the responsibility of providing accessible rooms in conformance with ss. 9.-95 of the guidelines. (12) Notwithstanding the requirements in references 4.1.3. (11) and 4.16-4.23 of the guidelines, required restrooms and toilet rooms in new construction shall be designed and constructed in accordance with the following requirements: (b) The accessible water closet shall be located in the corner, diagonal to the door, and a grab rail shall be provided on the wall parallel to the water closet, located 33 inches from and parallel to the finished floor, measured vertically to the top of the rail with a variation of not more than 1/2 inch. Section 16. Present subsection (6) of section 553.5041, Florida Statutes, is redesignated as Subsection (8), and new subsections (6) and (7) are added to that section, to read: 553.5041 Parking spaces for persons who have disabilities.-- (6) Single disabled parking spaces shall have the access aisle located on the passenger side of the disabled parking space. (7) Owners of all parking lots designed for use by the general public will obtain a building permit at the time of resealing and striping, and the parking lots must be striped in accordance of this section. (8) Required disabled parking spaces shall be no more and no less than twelve feet wide and access aisles shall be no more and no less than five feet wide. Title amendment for the above: Amending s 553.504, F.S.; providing guidelines for grab rails in certain bathrooms and toilet rooms; amending s 553.5041, F.S.; providing guidelines for access aisles for single parking spaces for persons who have disabilities on the passenger side; requiring a permit for resealing and restriping; requiring disabled parking spaces not to exceed twelve feet and that access aisles not exceed five feet wide. 553.512 Modifications and Waivers; Advisory Council (1) The Florida Building Commission shall provide by regulation criteria for granting individual modifications of, or exceptions from, the literal requirements of this part upon a determination of unnecessary, unreasonable, or extreme hardship, provided such waivers shall not violate federal accessibility laws and regulations and shall be reviewed by the Accessibility Advisory Council.
(There is no staff analysis of the above late in the session floor amendment. This went through no committees. It was done by Rep. Holly Benson and Rep. Canteens) PRIORITY #3 AN INSERT INTO THE TAX COLLECTOR ANNUAL COMMERICAL TAX BILL Florida Counties shall insert into the commercial tax bill information about the Federal Tax Credits and Tax Deductions for Compliance of required Americans With Disabilities commercial building modifications as well as state law benefits for removing architectural barriers. This insertion shall be consecutive for five years. PRIORITY #4 THIS RELATES TO CONDOMINIUMS Section _____ Section 718.111 is amended by creating new (15) to read: (15) Where guest disabled parking is provided, the guest disabled parking spaces shall be configured and signed pursuant to s. 553.5041. The association may increase the number of guest spaces, if needed, and residents with disabilities shall not park in the disabled guest spaces unless their assigned parking space is in misuse by a violator. Resident disabled parking shall be by board of director's assignment from the available spaces by the association pursuant to state and federal fair housing law. If available and unassigned and when a resident has two vehicles equipped with a lift, the association shall assign a second space that satisfies the needs of the vehicle and lift operation. PRIORITY #5 THIS AMENDMENT RELATES TO SALES TAX EMEMPTION 212.08(2)(B)(1) (b) For the purpose of this subsection: 1. "Prosthetic and orthopedic appliances" means any apparatus, instrument, device, wheelchair lift equipped motor vehicle, or equipment or repairs to such equipment used to replace or substitute for any missing part of the body to alleviate the malfunction of any part of the body, or to assist any disabled person in leading a normal life by facilitating such person's mobility. Such apparatus, instrument, device or equipment shall be exempted. according to an individual prescription or prescriptions written by a physician licensed under chapter 458, chapter 459, chaper 460, chapter 461 or chapter 466, or Or exempted according to a list prescribed and approved by the Department of Health, which list shall be certified to the Department of Revenue from time to time and included in the rules promulgated b the Department of Revenue. A person with a permenant disabiltiy shall only be required to have one doctor's statement of permenant disability to show proof of disability. PRIORITY #6 VOCATIONAL REHABILITATION FOR PEOPLE WITH DISABILITIES The Vocational Rehabilitiation Program that provides services to people with disabiites shall implement a goal to hire 51% counselors with substancial physical disabilities. The Director of this Vocational Rehabitation Program shall be a person with a substancial disability. Vocational Rehabilitition client case plans shall be written in easy to read language, such plans must not preclude post-graduate studies. Equipment vendors must be as "close to home" as possible and the client may chose their vendor if the vendor meets the bid criteria. Vocational Rehabilitionation administration shal evelop a clear set of procedures for each of the services it renders to its clients. Included should be a clear statement , which covers elgibility criteria and clear timelines for implementation. PRIORITY #7 THE VOCATIONAL REHABILITIATION PROGRAM FUNDING MATCH MUST BE COMPLETE, THE SAME AS 2004. PRIORITY #8 THIS AMENDMENT RELATES TO LIFE SAFETY PASSING BUS SHELTERS AND BUS BENCHES. Bus benches, transit shelters, street light poles, waste disposal receptacles, and modular news racks within rights-of-way.
(1)
Benches or transit shelters, including advertising displayed on
benches or transit shelters, may be installed within the right-of-way
limits of any municipal, county, or state road, except a limited access
highway, provided that such benches or transit shelters are for the
comfort or convenience of the general public or are at designated stops on
official bus routes and provided that written authorization has been given
to a qualified private supplier of such service by the municipal
government within whose incorporated limits such benches or transit
shelters are installed or by the county government within whose
unincorporated limits such benches or transit shelters are installed. A
municipality or county may authorize the installation, without public bid,
of benches and transit shelters together with advertising displayed
thereon within the right-of-way limits of such roads. Any contract for the
installation of benches or transit shelters or advertising on benches or
transit shelters which was entered into before April 8, 1992, without
public bidding is ratified and affirmed. Such benches or transit shelters
may not interfere with right-of-way preservation and maintenance. Any
bench (a) Transit shelters shall provide a similar 36 inch wide accessible route behind the bus shelter. If this is not possible, a similar access route may be in front of the shelter if the sidewalk is 60 inches wide and has a 24 inch grass buffer that has a two inch pile between the curb and the sidewalk. (b) Sidewalks created for bus shelters and Americans With Disabilites Act compliance shall have a 24 inch grass buffer zone with a two inch pile between the curb and the sidewalk. (c) Bus benches, Bus Shelters, garbage cans, sign posts, electrical posts not in compliance with the standards in (1)(a)(b), shall be deemed life threatening and shall be removed or relocated Pursuant to subsection 377.408(4). PRIORITY #10 HOMESTEAD TAX EMEMPTION 196.101 Exemption for totally and permanently disabled persons.-- (1) Any real estate used and owned as a homestead by any quadriplegic is exempt from taxation. (2) Any real estate used and owned as a homestead by a paraplegic, hemiplegic, or other totally and permanently disabled person, as defined in s. 196.012(11), who must use a wheelchair for mobility or who is legally blind, is exempt from taxation. (3) The production by any totally and permanently disabled person entitled to the exemption in subsection (1) or subsection (2) of a certificate of such disability from two licensed doctors of this state or from the United States Department of Veterans Affairs or its predecessor to the property appraiser of the county wherein the property lies, is prima facie evidence of the fact that he or she is entitled to such exemption. (4)(a) A person
entitled to the exemption in subsection (2) must be a permanent resident
of this state. Submission of an affidavit that the applicant claiming the
exemption under subsection (2) is a permanent resident of this state is
prima facie proof of such residence. However, the gross income of all
persons residing in or upon the homestead for the prior year shall not
exceed (b) The maximum income limitations permitted in this subsection shall be adjusted annually on January 1, beginning January 1, 1990, by the percentage change in the average cost-of-living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer price index figures for the stated 12-month period, relative to the United States as a whole, issued by the United States Department of Labor. (c) The department shall require by rule that the taxpayer annually submit a sworn statement of gross income, pursuant to paragraph (a). The department shall require that the filing of such statement be accompanied by copies of federal income tax returns for the prior year, wage and earnings statements (W-2 forms), and other documents it deems necessary, for each member of the household. The taxpayer's statement shall attest to the accuracy of such copies. The department shall prescribe and furnish a form to be used for this purpose which form shall include spaces for a separate listing of United States Department of Veterans Affairs benefits and social security benefits. All records produced by the taxpayer under this paragraph are confidential in the hands of the property appraiser, the department, the tax collector, the Auditor General, and the Office of Program Policy Analysis and Government Accountability and shall not be divulged to any person, firm, or corporation except upon court order or order of an administrative body having quasi-judicial powers in ad valorem tax matters, and such records are exempt from the provisions of s. 119.07(1). PRIORITY #11 SERVICE DOG AMENDMENT, IS NOW A BILL IN BOTH HOUSE AND SENATE. NO AMENDMENTS ARE NEEDED.
S642 GENERAL BILL by Rich; (CO-SPONSORS) Wise; Miller
(Identical
H 0925) Mobility-impaired Pedestrians/Dogs; requires vehicle operators to stop & yield to mobility-impaired pedestrians who are assisted by guide dogs or other service animals; provides penalty. Amends 316.1303. EFFECTIVE DATE: 07/01/2005. 01/11/05 SENATE Filed 01/28/05 SENATE Referred to Transportation; Community Affairs 01/31/05 SENATE On Committee agenda-- Transportation, 02/08/05, 2:00 pm, 37-S 02/08/05 SENATE Favorable by Transportation; YEAS 7 NAYS 0 02/09/05 SENATE Now in Community Affairs 02/28/05 SENATE On Committee agenda-- Community Affairs, 03/07/05, 2:30 pm, 401-S --Temporarily postponed 03/08/05 SENATE Introduced, referred to Transportation; Community Affairs -SJ 00042; On Committee agenda-- Transportation, 02/08/05, 2:00 pm, 37-S; Favorable by Transportation; YEAS 7 NAYS 0 -SJ 00101; Now in Community Affairs -SJ 00101; On Committee agenda-- Community Affairs, 03/07/05, 2:30 pm, 401-S --Temporarily postponed 03/23/05 SENATE On Committee agenda-- Community Affairs, 03/28/05, 3:15 pm, 401-S 03/28/05 SENATE Favorable by- Community Affairs; YEAS 7 NAYS 1 -SJ 00300 03/29/05 SENATE Placed on Calendar, on second reading -SJ 00300
NEXT STOP; RULES & CALENDER FOR SPECIAL ORDER CALENDAR, FLOOR ACTION.
H925 GENERAL BILL by Bendross-Mindingall (Identical S 0642) Mobility-impaired Pedestrians/Dogs; requires vehicle operators to stop & yield to mobility-impaired pedestrians who are assisted by guide dogs or other service animals; provides penalty. Amends 316.1303. EFFECTIVE DATE: 07/01/2005. 02/18/05 HOUSE Filed 03/07/05 HOUSE Referred to Transportation (SIC); State Infrastructure Council 03/08/05 HOUSE Introduced, referred to Transportation (SIC); State Infrastructure Council -HJ 00083 03/11/05 HOUSE On Committee agenda-- Transportation (SIC), 03/15/05, 1:45 pm, 404-H --Not considered 03/18/05 HOUSE On Committee agenda-- Transportation (SIC), 03/22/05, 2:45 pm, 404-H 03/22/05 HOUSE Favorable by Transportation (SIC); YEAS 13 NAYS 0 -HJ 00265; Now in State Infrastructure Council -HJ 00265 04/01/05 HOUSE On Council agenda-- State Infrastructure Council, 04/05/05, 8:00 am, 404-H 04/05/05 HOUSE Favorable by - State Infrastructure Council, YEAS 9 & NAYS 0 -HJ 00366; Placed on Calendar -HJ 00366 04/14/05 HOUSE Placed on Special Order Calendar; Read second time -HJ 00524 (The Florida Paraplegic Association, Inc was founded in March of 1957. The organization was established for advocacy. Members of the FPA were instrumental in the creation of the Special Transportation Service in Miami in mid 1970's. FPA members took their issues to the State Legislature in 1974-1976 their members lobbied much meaningful legislation through the legislature. The laws of Florida on disability spurred the nation into similar advocacy. It is very safe to say that the FPA laid the foundation for the American's With Disabilities Act. At least two FPA members attended the ADA Bill signing in Washington DC at the invitation of President Bush. The current FPA president has attended 11 complete legislative sessions and will attend the 2005 session. In the month of February we will list the legislative priories that the FPA will work on at the 2005 Legislature. If you want to help, join the e-mail lists, as we will be very active at the session. Send us your e-mail if you are not on the list yet. We don't have bundles of campaign checks for legislators, but we have big numbers of votes at election time that can't be bought.) Contact:
FPA President, Denny R. Wood, 13000 SW 92 Ave.,
B-403, Miami, FL Donations are also
accepted to defray expenses. |
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