CSG Committee on Suggested State Legislation

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This Act generally defines community solar gardens as solar electric generation facilities with capacities of up to 2 megawatts that sell power to a larger regional utility. Non-profit organizations, for-profit companies, and retail utilities can own and operate community solar gardens under the Act. The bill establishes general requirements for retail utilities to buy power from community solar gardens and the means by which utilities can recover some of the costs of buying such power. 

This Act requires language that automatically renews certain contracts to sell goods or services to consumers be clearly and conspicuously noted in the contract or contract offer. 

This Act prohibits the running of a transfer fee covenant with the title to real property. The Act defines a transfer fee to mean a fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept a transfer of an interest in real property, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. The Act defines a transfer fee covenant to mean a declaration or covenant purporting to affect real property which requires or purports to require the payment of a transfer fee to the declarant or other person specified in the covenant or declaration, or to their successors or assigns, upon a subsequent transfer of an interest in real property. 
The Act provides that a transfer fee covenant shall not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property. Any lien purporting to secure the payment of a transfer fee under a transfer fee covenant is void and unenforceable. 
The Act specifies various types of consideration, commissions, interests, charges, fees, rent, reimbursement, taxes, assessments, or fines that do not constitute a transfer fee and are not not subject to the prohibition. 
This legislation enacts a number of provisions about gang-related offenses. For example, it creates an offense for aspiring to commit or committing certain crimes as a member of a criminal street gang and it establishes penalties for directing the activities of street gangs. It also requires children who are arrested for committing crimes as gang members to participate in gang intervention programs. 
The Act enhances penalties for certain organized criminal activity committed in or around a gang-free zone and provides that a map from a municipal county engineer is admissible as evidence of a gang-free zone. It requires information about gang-free zones be included in the student handbooks or equivalent publications of public or private elementary or secondary schools and institutions of higher education and also be distributed to the parents and guardians of children who attend day-cares. 
It enables the state or another governmental entity to bring an action against a member of a criminal street gang for damages when the member violates a temporary or permanent injunction. A district, county, or city attorney or the attorney general can sue to recover actual damages, civil penalties, and court costs and fees. 
The legislation makes the property of a criminal street gang or its members subject to seizure under certain conditions. Money received for damages or as a civil penalty must be used to benefit of the community or harmed neighborhood. 
It authorizes a court to impose electronic monitoring on a member of a criminal street gang as a condition of granting community supervision. The bill authorizes a parole panel to impose on a member of a criminal street gang who is a repeat offender electronic monitoring as a condition of release on parole or mandatory supervision. 
The Act establishes criteria for including evidence of membership in a criminal street gang intelligence database and allows that information to be retained for five years. 
The legislation also provides for the creation of a state anti-gang grant program to support regional, multidisciplinary approaches to combat gang violence. 

This Act mandates health insurance policies cover routine patient costs incurred for cancer treatment in an approved cancer clinical trial to the same extent that such policy or contract provides coverage for treating any other sickness, injury, disease, or condition covered under the policy or contract, if the insured has been referred for such cancer treatment by two physicians who specialize in oncology and the cancer treatment is given pursuant to an approved cancer clinical trial. 

This SSL draft is based on Florida Chapter 2010-60, which codifies the Model International Commercial Arbitration Law. A Florida House Legislative Staff Analysis of Chapter 2010-60 notes, “Arbitration is an alternative to litigation, under which parties agree to have their disputes settled by a neutral third party. Arbitration has become favored for disputes involving international trade, where results of litigation can hinge on where the suit is brought and judgments can be difficult to enforce internationally.” 
The Florida legislative analysis states that Florida’s law (and therefore, this SSL draft) applies to international arbitration and would be subject to any agreement between the United States and any other country. However, such legislation only applies to arbitration conducted in the state, except provisions relating to court-enforcement of arbitration awards, requests for interim measures of protection, and grounds for refusing award recognition or enforcement. 

This Act enables caregivers to consent to medical care of minors under their care under certain conditions. It provides for an Affidavit of Caregiver Consent for a Minor’s Health Care and for revoking or terminating such consent. The Act defines caregivers and the duties of health care facilities and practitioners concerning such consent.

This Act allows state agencies with regulatory or permitting authority over businesses to establish a process to allow one or more other state or local agencies to simultaneously review and approve business licenses and permits at a business’s request. Businesses that request this process cannot recover any fees associated with the simultaneous review if those businesses fail to get the items under review approved. 

This Act enables agricultural operations to incorporate sustainable agricultural practices without necessarily being deemed a nuisance by local ordinances or zoning regulations. The Act requires any administrative regulation promulgated by any agency that establishes standards for harvesting or producing agricultural crops in a sustainable manner be based on practices outlined in the Act. Those are science-based practices that are supported by research and the use of technology, demonstrated to lead to broad outcomes-based performance improvements that meet the needs of the present, and that improve the ability of future generations to meet their needs while advancing progress toward environmental, social, and economic goals and the well-being of agricultural producers and rural communities. 

This Act creates the office of state debt coordinator and related duties. It directs the coordinator to study developing a data match system using automated data exchanges or other means to identify people who owe delinquent obligations to the state. The Act gives the coordinator the authority to file liens to help collect debts under certain circumstances. The bill also directs the state debt coordinator to establish a delinquent court debt settlement program and a delinquent court debt amnesty program. 


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