Introduced in House Passed House Introduced in Senate Passed Senate Became Law
12/12/2019        

Florida Statutes

Deleting provisions that have expired, have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded; replacing incorrect cross-references and citations; correcting grammatical, typographical, and like errors; removing inconsistencies, redundancies, and unnecessary repetition in the statutes, etc.

Date Version PDF TXT
02/06/2020 S 596 er Open
12/12/2019 S 596 Filed Open

            
       ENROLLED
       2020 Legislature                                          SB 596
       
       
       
       
       
       
                                                              2020596er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         14.20195, 16.618, 20.23, 27.52, 27.53, 27.710,
    4         28.22205, 28.35, 28.36, 39.821, 61.125, 63.212,
    5         68.096, 73.015, 97.053, 101.161, 101.657, 110.233,
    6         112.63, 117.021, 117.245, 117.265, 121.051, 161.74,
    7         163.3178, 163.356, 166.0493, 177.503, 185.35, 186.801,
    8         196.011, 206.11, 211.3103, 212.06, 212.08, 212.186,
    9         212.20, 213.053, 220.02, 220.13, 220.193, 252.365,
   10         259.037, 265.707, 282.318, 287.055, 287.09451,
   11         287.134, 288.955, 295.016, 295.017, 295.13, 298.225,
   12         316.193, 316.306, 316.5501, 318.18, 319.14, 320.08058,
   13         320.77, 320.771, 320.8225, 320.8251, 328.72, 343.922,
   14         350.113, 364.10, 365.172, 369.305, 373.4592, 376.301,
   15         376.3071, 376.86, 377.703, 379.2291, 379.245, 379.366,
   16         379.372, 381.02035, 381.986, 383.2162, 393.115,
   17         394.499, 395.1041, 395.40, 400.063, 400.191, 402.22,
   18         403.703, 403.7065, 403.8163, 403.854, 408.036,
   19         408.7057, 408.809, 409.964, 409.971, 409.978, 411.226,
   20         411.228, 413.271, 420.9071, 420.9075, 429.55,
   21         430.0402, 440.103, 443.131, 446.021, 458.3475,
   22         458.351, 459.0055, 459.023, 464.019, 465.0235,
   23         471.005, 480.046, 482.227, 491.009, 494.00611,
   24         497.262, 497.607, 506.20, 509.096, 526.143, 534.041,
   25         553.79, 553.791, 563.06, 578.11, 581.184, 607.0141,
   26         607.0732, 624.4055, 624.40711, 624.610, 625.091,
   27         625.161, 626.785, 626.9913, 626.99175, 626.992,
   28         627.021, 627.4133, 627.4147, 627.443, 627.6561,
   29         634.061, 636.228, 641.31, 641.3155, 651.105, 695.27,
   30         716.02, 732.603, 760.80, 768.042, 768.1326, 768.21,
   31         774.203, 790.333, 810.011, 843.085, 900.05, 944.613,
   32         948.062, 1002.385, 1003.52, 1004.435, 1004.79,
   33         1006.63, 1007.271, 1009.22, 1009.531, 1011.32,
   34         1011.45, 1013.45, 1013.735, F.S.; reenacting and
   35         amending s. 1002.395, F.S.; reenacting ss. 112.31455,
   36         121.71, 282.201, 960.07, 985.26, and 985.265, F.S.;
   37         and repealing ss. 316.0896 and 335.067, F.S.; deleting
   38         provisions that have expired, have become obsolete,
   39         have had their effect, have served their purpose, or
   40         have been impliedly repealed or superseded; replacing
   41         incorrect cross-references and citations; correcting
   42         grammatical, typographical, and like errors; removing
   43         inconsistencies, redundancies, and unnecessary
   44         repetition in the statutes; and improving the clarity
   45         of the statutes and facilitating their correct
   46         interpretation; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraph (d) of subsection (2) of section
   51  14.20195, Florida Statutes, is amended to read:
   52         14.20195 Suicide Prevention Coordinating Council; creation;
   53  membership; duties.—There is created within the Statewide Office
   54  for Suicide Prevention a Suicide Prevention Coordinating
   55  Council. The council shall develop strategies for preventing
   56  suicide.
   57         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
   58  shall consist of 27 voting members and one nonvoting member.
   59         (d) For the members appointed by the director of the
   60  Statewide Office for Suicide Prevention, seven members shall be
   61  appointed to initial terms of 3 years, and seven members shall
   62  be appointed to initial terms of 4 years. For the members
   63  appointed by the Governor, two members shall be appointed to
   64  initial terms of 4 years, and two members shall be appointed to
   65  initial terms of 3 years. Thereafter, such Members shall be
   66  appointed to terms of 4 years. Any vacancy on the coordinating
   67  council shall be filled in the same manner as the original
   68  appointment, and any member who is appointed to fill a vacancy
   69  occurring because of death, resignation, or ineligibility for
   70  membership shall serve only for the unexpired term of the
   71  members predecessor. A member is eligible for reappointment.
   72         Revisers note.—Amended to delete obsolete language.
   73         Section 2. Subsection (9) of section 16.618, Florida
   74  Statutes, is amended to read:
   75         16.618 Direct-support organization.—
   76         (9) A departmental employee, a direct-support organization
   77  or council employee, a volunteer, or a director of or a
   78  designated program may not:
   79         (a) Receive a commission, fee, or financial benefit in
   80  connection with serving on the council; or
   81         (b) Be a business associate of any individual, firm, or
   82  organization involved in the sale or the exchange of real or
   83  personal property to the direct-support organization, the
   84  council, or a designated program.
   85         Revisers note.—Amended to confirm the editorial substitution of
   86         the word “of” for the word “or” to conform to context.
   87         Section 3. Paragraph (b) of subsection (2) of section
   88  20.23, Florida Statutes, is amended to read:
   89         20.23 Department of Transportation.—There is created a
   90  Department of Transportation which shall be a decentralized
   91  agency.
   92         (2)
   93         (b) The commission shall:
   94         1. Recommend major transportation policies for the
   95  Governors approval and assure that approved policies and any
   96  revisions are properly executed.
   97         2. Periodically review the status of the state
   98  transportation system including highway, transit, rail, seaport,
   99  intermodal development, and aviation components of the system
  100  and recommend improvements to the Governor and the Legislature.
  101         3. Perform an in-depth evaluation of the annual department
  102  budget request, the Florida Transportation Plan, and the
  103  tentative work program for compliance with all applicable laws
  104  and established departmental policies. Except as specifically
  105  provided in s. 339.135(4)(c)2., (d), and (f), the commission may
  106  not consider individual construction projects, but shall
  107  consider methods of accomplishing the goals of the department in
  108  the most effective, efficient, and businesslike manner.
  109         4. Monitor the financial status of the department on a
  110  regular basis to assure that the department is managing revenue
  111  and bond proceeds responsibly and in accordance with law and
  112  established policy.
  113         5. Monitor on at least a quarterly basis, the efficiency,
  114  productivity, and management of the department using performance
  115  and production standards developed by the commission pursuant to
  116  s. 334.045.
  117         6. Perform an in-depth evaluation of the factors causing
  118  disruption of project schedules in the adopted work program and
  119  recommend to the Governor and the Legislature methods to
  120  eliminate or reduce the disruptive effects of these factors.
  121         7. Recommend to the Governor and the Legislature
  122  improvements to the departments organization in order to
  123  streamline and optimize the efficiency of the department. In
  124  reviewing the departments organization, the commission shall
  125  determine if the current district organizational structure is
  126  responsive to this states changing economic and demographic
  127  development patterns. The initial report by the commission must
  128  be delivered to the Governor and the Legislature by December 15,
  129  2000, and each year thereafter, as appropriate. The commission
  130  may retain experts as necessary to carry out this subparagraph,
  131  and the department shall pay the expenses of the experts.
  132         8. Monitor the efficiency, productivity, and management of
  133  the agencies and authorities created under chapters 348 and 349;
  134  the Mid-Bay Bridge Authority re-created pursuant to chapter
  135  2000-411, Laws of Florida; and any authority formed under
  136  chapter 343. The commission shall also conduct periodic reviews
  137  of each agencys and authoritys operations and budget,
  138  acquisition of property, management of revenue and bond
  139  proceeds, and compliance with applicable laws and generally
  140  accepted accounting principles.
  141         Revisers note.—Amended to delete obsolete language.
  142         Section 4. Paragraph (d) of subsection (1) of section
  143  27.52, Florida Statutes, is amended to read:
  144         27.52 Determination of indigent status.—
  145         (1) APPLICATION TO THE CLERK.—A person seeking appointment
  146  of a public defender under s. 27.51 based upon an inability to
  147  pay must apply to the clerk of the court for a determination of
  148  indigent status using an application form developed by the
  149  Florida Clerks of Court Operations Corporation with final
  150  approval by the Supreme Court.
  151         (d) All application fees collected by the clerk under this
  152  section shall be transferred monthly by the clerk to the
  153  Department of Revenue for deposit in the Indigent Criminal
  154  Defense Trust Fund administered by the Justice Administrative
  155  Commission, to be used to as appropriated by the Legislature.
  156  The clerk may retain 2 percent of application fees collected
  157  monthly for administrative costs from which the clerk shall
  158  remit $0.20 from each application fee to the Department of
  159  Revenue for deposit into the General Revenue Fund prior to
  160  remitting the remainder to the Department of Revenue for deposit
  161  in the Indigent Criminal Defense Trust Fund.
  162         Revisers note.—Amended to confirm the editorial deletion of the
  163         word “to” to improve clarity.
  164         Section 5. Subsection (4) of section 27.53, Florida
  165  Statutes, is amended to read:
  166         27.53 Appointment of assistants and other staff; method of
  167  payment.—
  168         (4) The five criminal conflict and civil regional counsel
  169  may employ and establish, in the numbers authorized by the
  170  General Appropriations Act, assistant regional counsel and other
  171  staff and personnel in each judicial district pursuant to s.
  172  29.006, who shall be paid from funds appropriated for that
  173  purpose. Notwithstanding s. 790.01, s. 790.02, or s.
  174  790.25(2)(a), an investigator employed by an office of criminal
  175  conflict and civil regional counsel, while actually carrying out
  176  official duties, is authorized to carry concealed weapons if the
  177  investigator complies with s. 790.25(3)(o). However, such
  178  investigators are not eligible for membership in the Special
  179  Risk Class of the Florida Retirement System. The five regional
  180  counsel shall jointly develop recommended modifications to the
  181  classification plan and the salary and benefits plan for the
  182  Justice Administrative Commission. The recommendations shall be
  183  submitted to the commission, the office of the President of the
  184  Senate, and the office of the Speaker of the House of
  185  Representatives by September 15, 2007, for the regional offices
  186  initial establishment and before January 1 of each year
  187  thereafter. Such recommendations shall be developed in
  188  accordance with policies and procedures of the Executive Office
  189  of the Governor established in s. 216.181. Each assistant
  190  regional counsel appointed by the regional counsel under this
  191  section shall serve at the pleasure of the regional counsel.
  192  Each investigator employed by the regional counsel shall have
  193  full authority to serve any witness subpoena or court order
  194  issued by any court or judge in a criminal case in which the
  195  regional counsel has been appointed to represent the accused.
  196         Revisers note.—Amended to delete obsolete language.
  197         Section 6. Subsection (5) of section 27.710, Florida
  198  Statutes, is amended to read:
  199         27.710 Registry of attorneys applying to represent persons
  200  in postconviction capital collateral proceedings; certification
  201  of minimum requirements; appointment by trial court.—
  202         (5)(a) Upon the motion of the capital collateral regional
  203  counsel to withdraw pursuant to s. 924.056(1)(a); or
  204         (b) Upon notification by the state attorney or the Attorney
  205  General that:
  206         1. Thirty days have elapsed since appointment of the
  207  capital collateral regional counsel and no entry of appearance
  208  has been filed pursuant to s. 924.056; or
  209         2. A person under sentence of death who was previously
  210  represented by private counsel is currently unrepresented in a
  211  postconviction capital collateral proceeding,
  212  
  213  the executive director shall immediately notify the trial court
  214  that imposed the sentence of death that the court must
  215  immediately appoint an attorney, selected from the current
  216  registry, to represent such person in collateral actions
  217  challenging the legality of the judgment and sentence in the
  218  appropriate state and federal courts. The court shall have the
  219  authority to strike a notice of appearance filed by a Capital
  220  Collateral Regional Counsel, if the court finds the notice was
  221  not filed in good faith and may so notify the executive director
  222  that the client is no longer represented by the Office of
  223  Capital Collateral Regional Counsel. In making an assignment,
  224  the court shall give priority to attorneys whose experience and
  225  abilities in criminal law, especially in capital proceedings,
  226  are known by the court to be commensurate with the
  227  responsibility of representing a person sentenced to death. The
  228  trial court must issue an order of appointment which contains
  229  specific findings that the appointed counsel meets the statutory
  230  requirements and has the high ethical standards necessary to
  231  represent a person sentenced to death.
  232         Revisers note.—Amended to delete references to s. 924.056; the
  233         section was substantially reworded by s. 14, ch. 2013-216,
  234         Laws of Florida, and no longer contains material relevant
  235         to the text of s. 27.710(5).
  236         Section 7. Section 28.22205, Florida Statutes, is amended
  237  to read:
  238         28.22205 Electronic filing process.—Each clerk of court
  239  shall implement an electronic filing process. The purpose of the
  240  electronic filing process is to reduce judicial costs in the
  241  office of the clerk and the judiciary, increase timeliness in
  242  the processing of cases, and provide the judiciary with case
  243  related information to allow for improved judicial case
  244  management. The Legislature requests that, no later than July 1,
  245  2009, the Supreme Court set statewide standards for electronic
  246  filing to be used by the clerks of court to implement electronic
  247  filing. The standards should specify the required information
  248  for the duties of the clerks of court and the judiciary for case
  249  management. Revenues provided to counties and the clerk of court
  250  under s. 28.24(12)(e) for information technology may also be
  251  used to implement electronic filing processes.
  252         Revisers note.—Amended to delete obsolete language.
  253         Section 8. Paragraph (f) of subsection (2) of section
  254  28.35, Florida Statutes, is amended to read:
  255         28.35 Florida Clerks of Court Operations Corporation.—
  256         (2) The duties of the corporation shall include the
  257  following:
  258         (f) Approving the proposed budgets submitted by clerks of
  259  the court pursuant to s. 28.36. The corporation must ensure that
  260  the total combined budgets of the clerks of the court do not
  261  exceed the total estimated revenues from fees, service charges,
  262  costs, and fines for court-related functions available for
  263  court-related expenditures as determined by the most recent
  264  Revenue Estimating Conference, plus the total of unspent
  265  budgeted funds for court-related functions carried forward by
  266  the clerks of the court from the previous county fiscal year and
  267  plus the balance of funds remaining in the Clerks Clerk of the
  268  Court Trust Fund after the transfer of funds to the General
  269  Revenue Fund required pursuant to s. 28.37(3)(b). The
  270  corporation may amend any individual clerk of the court budget
  271  to ensure compliance with this paragraph and must consider
  272  performance measures, workload performance standards, workload
  273  measures, and expense data before modifying the budget. As part
  274  of this process, the corporation shall:
  275         1. Calculate the minimum amount of revenue necessary for
  276  each clerk of the court to efficiently perform the list of
  277  court-related functions specified in paragraph (3)(a). The
  278  corporation shall apply the workload measures appropriate for
  279  determining the individual level of review required to fund the
  280  clerks budget.
  281         2. Prepare a cost comparison of similarly situated clerks
  282  of the court, based on county population and numbers of filings,
  283  using the standard list of court-related functions specified in
  284  paragraph (3)(a).
  285         3. Conduct an annual base budget review and an annual
  286  budget exercise examining the total budget of each clerk of the
  287  court. The review shall examine revenues from all sources,
  288  expenses of court-related functions, and expenses of noncourt
  289  related functions as necessary to determine that court-related
  290  revenues are not being used for noncourt-related purposes. The
  291  review and exercise shall identify potential targeted budget
  292  reductions in the percentage amount provided in Schedule VIII-B
  293  of the states previous years legislative budget instructions,
  294  as referenced in s. 216.023(3), or an equivalent schedule or
  295  instruction as may be adopted by the Legislature.
  296         4. Identify those proposed budgets containing funding for
  297  items not included on the standard list of court-related
  298  functions specified in paragraph (3)(a).
  299         5. Identify those clerks projected to have court-related
  300  revenues insufficient to fund their anticipated court-related
  301  expenditures.
  302         6. Use revenue estimates based on the official estimate for
  303  funds from fees, service charges, costs, and fines for court
  304  related functions accruing to the clerks of the court made by
  305  the Revenue Estimating Conference, as well as any unspent
  306  budgeted funds for court-related functions carried forward by
  307  the clerks of the court from the previous county fiscal year and
  308  the balance of funds remaining in the Clerks Clerk of the Court
  309  Trust Fund after the transfer of funds to the General Revenue
  310  Fund required pursuant to s. 28.37(3)(b).
  311         7. Identify pay and benefit increases in any proposed clerk
  312  budget, including, but not limited to, cost of living increases,
  313  merit increases, and bonuses.
  314         8. Identify increases in anticipated expenditures in any
  315  clerk budget that exceeds the current year budget by more than 3
  316  percent.
  317         9. Identify the budget of any clerk which exceeds the
  318  average budget of similarly situated clerks by more than 10
  319  percent.
  320  
  321  For the purposes of this paragraph, the term “unspent budgeted
  322  funds for court-related functions” means undisbursed funds
  323  included in the clerks of the courts budgets for court-related
  324  functions established pursuant to this section and s. 28.36.
  325         Revisers note.—Amended to confirm the editorial substitution of
  326         the word “Clerks” for the word “Clerk” to conform to the
  327         correct name of the trust fund.
  328         Section 9. Paragraph (b) of subsection (2) of section
  329  28.36, Florida Statutes, is amended to read:
  330         28.36 Budget procedure.—There is established a budget
  331  procedure for the court-related functions of the clerks of the
  332  court.
  333         (2) Each proposed budget shall further conform to the
  334  following requirements:
  335         (b) The proposed budget must be balanced such that the
  336  total of the estimated revenues available equals or exceeds the
  337  total of the anticipated expenditures. Such revenues include
  338  revenue projected to be received from fees, service charges,
  339  costs, and fines for court-related functions during the fiscal
  340  period covered by the budget, plus the total of unspent budgeted
  341  funds for court-related functions carried forward by the clerk
  342  of the court from the previous county fiscal year and plus the
  343  portion of the balance of funds remaining in the Clerks Clerk of
  344  the Court Trust Fund after the transfer of funds to the General
  345  Revenue Fund required pursuant to s. 28.37(3)(b) which has been
  346  allocated to each respective clerk of the court by the Florida
  347  Clerks of Court Operations Clerk of Courts Corporation. For the
  348  purposes of this paragraph, the term “unspent budgeted funds for
  349  court-related functions” means undisbursed funds included in the
  350  clerk of the courts budget for court related functions
  351  established pursuant to s. 28.35 and this section. The
  352  anticipated expenditures must be itemized as required by the
  353  corporation.
  354         Revisers note.—Amended to confirm the editorial substitution of
  355         the word “Clerks” for the word “Clerk” to conform to the
  356         correct name of the Clerks of the Court Trust Fund; also
  357         amended to correct a reference to conform to s. 28.35,
  358         which created the Florida Clerks of Court Operations
  359         Corporation.
  360         Section 10. Subsection (1) of section 39.821, Florida
  361  Statutes, as amended by section 20 of chapter 2010-162, Laws of
  362  Florida, and by section 2 of chapter 2010-114, Laws of Florida,
  363  is amended to read:
  364         39.821 Qualifications of guardians ad litem.—
  365         (1) Because of the special trust or responsibility placed
  366  in a guardian ad litem, the Guardian Ad Litem Program may use
  367  any private funds collected by the program, or any state funds
  368  so designated, to conduct a security background investigation
  369  before certifying a volunteer to serve. A security background
  370  investigation must include, but need not be limited to,
  371  employment history checks, checks of references, local criminal
  372  history records checks through local law enforcement agencies,
  373  and statewide criminal history records checks through the
  374  Department of Law Enforcement. Upon request, an employer shall
  375  furnish a copy of the personnel record for the employee or
  376  former employee who is the subject of a security background
  377  investigation conducted under this section. The information
  378  contained in the personnel record may include, but need not be
  379  limited to, disciplinary matters and the reason why the employee
  380  was terminated from employment. An employer who releases a
  381  personnel record for purposes of a security background
  382  investigation is presumed to have acted in good faith and is not
  383  liable for information contained in the record without a showing
  384  that the employer maliciously falsified the record. A security
  385  background investigation conducted under this section must
  386  ensure that a person is not certified as a guardian ad litem if
  387  the person has an arrest awaiting final disposition for, been
  388  convicted of, regardless of adjudication, entered a plea of nolo
  389  contendere or guilty to, or been adjudicated delinquent and the
  390  record has not been sealed or expunged for, any offense
  391  prohibited under the provisions listed in s. 435.04. All
  392  applicants certified on or after July 1, 2010, must undergo a
  393  level 2 background screening pursuant to chapter 435 before
  394  being certified to serve as a guardian ad litem. In analyzing
  395  and evaluating the information obtained in the security
  396  background investigation, the program must give particular
  397  emphasis to past activities involving children, including, but
  398  not limited to, child-related criminal offenses or child abuse.
  399  The program has sole discretion in determining whether to
  400  certify a person based on his or her security background
  401  investigation. The information collected pursuant to the
  402  security background investigation is confidential and exempt
  403  from s. 119.07(1).
  404         Revisers note.—Amended to delete obsolete language. Section 20,
  405         ch. 2010-162, Laws of Florida, provided for a July 1, 2010,
  406         start date; s. 2, ch. 2010-114, Laws of Florida, provided
  407         an August 1, 2010, date.
  408         Section 11. Subsection (1) of section 61.125, Florida
  409  Statutes, is reordered and amended to read:
  410         61.125 Parenting coordination.—
  411         (1) DEFINITIONS.—As used in this section, the term:
  412         (a) “Communication” means an oral or written statement, or
  413  nonverbal conduct intended to make an assertion, by or to a
  414  parenting coordinator, a participant, or a party made during
  415  parenting coordination, or before parenting coordination if made
  416  in furtherance of the parenting coordination process. The term
  417  does not include the commission of a crime during parenting
  418  coordination.
  419         (b) “Office” means the Office of the State Courts
  420  Administrator.
  421         (c)(d) “Parenting coordination” means a nonadversarial
  422  dispute resolution process that is court ordered or agreed upon
  423  by the parties.
  424         (d)(e) “Parenting coordinator” means an impartial third
  425  party appointed by the court or agreed to by the parties whose
  426  role is to assist the parties in successfully creating or
  427  implementing a parenting plan.
  428         (e)(f) “Parenting Coordinator Review Board” means the board
  429  appointed by the Chief Justice of the Florida Supreme Court to
  430  consider complaints against qualified and court-appointed
  431  parenting coordinators.
  432         (f)(c) “Participant” means any individual involved in the
  433  parenting coordination process, other than the parenting
  434  coordinator and the named parties, who takes part in an event in
  435  person or by telephone, videoconference, or other electronic
  436  means.
  437         (g) “Party” means a person participating directly, or
  438  through a designated representative, in parenting coordination.
  439         Revisers note.—Amended to place paragraph (c) in alphabetical
  440         order.
  441         Section 12. Paragraph (h) of subsection (1) of section
  442  63.212, Florida Statutes, is amended to read:
  443         63.212 Prohibited acts; penalties for violation.—
  444         (1) It is unlawful for any person:
  445         (h) To contract for the purchase, sale, or transfer of
  446  custody or parental rights in connection with any child, in
  447  connection with any fetus yet unborn, or in connection with any
  448  fetus identified in any way but not yet conceived, in return for
  449  any valuable consideration. Any such contract is void and
  450  unenforceable as against the public policy of this state.
  451  However, fees, costs, and other incidental payments made in
  452  accordance with statutory provisions for adoption, foster care,
  453  and child welfare are permitted, and a person may agree to pay
  454  expenses in connection with a preplanned adoption agreement as
  455  specified in s. 63.213 below, but the payment of such expenses
  456  may not be conditioned upon the transfer of parental rights.
  457  Each petition for adoption which is filed in connection with a
  458  preplanned adoption agreement must clearly identify the adoption
  459  as a preplanned adoption arrangement and must include a copy of
  460  the preplanned adoption agreement for review by the court.
  461         Revisers note.—Amended to conform to the fact that the language
  462         “as specified below” referenced subparagraphs 1.-6. of
  463         paragraph (h), which were stricken from the paragraph,
  464         leaving only the introductory paragraph, by s. 35, ch.
  465         2003-58, Laws of Florida; s. 63.213, created by s. 36, ch.
  466         2003-58, contains the material excised from s. 63.212(1)(h)
  467         by s. 35 of that law.
  468         Section 13. Subsection (2) of section 68.096, Florida
  469  Statutes, is amended to read:
  470         68.096 Definitions.—For purposes of this act:
  471         (2) “Eligible client” means a person whose income is equal
  472  to or below 150 percent of the then-current federal poverty
  473  guidelines prescribed for the size of the household of the
  474  person seeking assistance by the United States Department of
  475  Health and Human Services or disabled veterans who are in
  476  receipt of, or eligible to receive, United States Department of
  477  Veterans Affairs Veterans Administration pension benefits or
  478  supplemental security income.
  479         Revisers note.—Amended to conform to the renaming of the
  480         Veterans Administration as the United States Department of
  481         Veterans Affairs by s. 1, Pub. L. No. 100-527 in 1988.
  482         Section 14. Subsections (1) and (2) of section 73.015,
  483  Florida Statutes, are amended to read:
  484         73.015 Presuit negotiation.—
  485         (1) Effective July 1, 2000, Before an eminent domain
  486  proceeding is brought under this chapter or chapter 74, the
  487  condemning authority must attempt to negotiate in good faith
  488  with the fee owner of the parcel to be acquired, must provide
  489  the fee owner with a written offer and, if requested, a copy of
  490  the appraisal upon which the offer is based, and must attempt to
  491  reach an agreement regarding the amount of compensation to be
  492  paid for the parcel.
  493         (a) No later than the time the initial written or oral
  494  offer of compensation for acquisition is made to the fee owner,
  495  the condemning authority must notify the fee owner of the
  496  following:
  497         1. That all or a portion of his or her property is
  498  necessary for a project.
  499         2. The nature of the project for which the parcel is
  500  considered necessary, and the parcel designation of the property
  501  to be acquired.
  502         3. That, within 15 business days after receipt of a request
  503  by the fee owner, the condemning authority will provide a copy
  504  of the appraisal report upon which the offer to the fee owner is
  505  based; copies, to the extent prepared, of the right-of-way maps
  506  or other documents that depict the proposed taking; and copies,
  507  to the extent prepared, of the construction plans that depict
  508  project improvements to be constructed on the property taken and
  509  improvements to be constructed adjacent to the remaining
  510  property, including, but not limited to, plan, profile, cross
  511  section, drainage, and pavement marking sheets, and driveway
  512  connection detail. The condemning authority shall provide any
  513  additional plan sheets within 15 days of request.
  514         4. The fee owners statutory rights under ss. 73.091 and
  515  73.092, or alternatively provide copies of these provisions of
  516  law.
  517         5. The fee owners rights and responsibilities under
  518  paragraphs (b) and (c) and subsection (4), or alternatively
  519  provide copies of these provisions of law.
  520         (b) The condemning authority must provide a written offer
  521  of compensation to the fee owner as to the value of the property
  522  sought to be appropriated and, where less than the entire
  523  property is sought to be appropriated, any damages to the
  524  remainder caused by the taking. The owner must be given at least
  525  30 days after either receipt of the notice or the date the
  526  notice is returned as undeliverable by the postal authorities to
  527  respond to the offer, before the condemning authority files a
  528  condemnation proceeding for the parcel identified in the offer.
  529         (c) The notice and written offer must be sent by certified
  530  mail, return receipt requested, to the fee owners last known
  531  address listed on the county ad valorem tax roll. Alternatively,
  532  the notice and written offer may be personally delivered to the
  533  fee owner of the property. If there is more than one owner of a
  534  property, notice to one owner constitutes notice to all owners
  535  of the property. The return of the notice as undeliverable by
  536  the postal authorities constitutes compliance with this
  537  provision. The condemning authority is not required to give
  538  notice or a written offer to a person who acquires title to the
  539  property after the notice required by this section has been
  540  given.
  541         (d) Notwithstanding this subsection, with respect to lands
  542  acquired under s. 253.025, the condemning authority is not
  543  required to give the fee owner the current appraisal before
  544  executing an option contract.
  545         (2) Effective July 1, 2000, Before an eminent domain
  546  proceeding is brought under this chapter or chapter 74 by the
  547  Department of Transportation or by a county, municipality,
  548  board, district, or other public body for the condemnation of
  549  right-of-way, the condemning authority must make a good faith
  550  effort to notify the business owners, including lessees, who
  551  operate a business located on the property to be acquired.
  552         (a) The condemning authority must notify the business owner
  553  of the following:
  554         1. That all or a portion of his or her property is
  555  necessary for a project.
  556         2. The nature of the project for which the parcel is
  557  considered necessary, and the parcel designation of the property
  558  to be acquired.
  559         3. That, within 15 business days after receipt of a request
  560  by the business owner, the condemning authority will provide a
  561  copy of the appraisal report upon which the offer to the fee
  562  owner is based; copies, to the extent prepared, of the right-of
  563  way maps or other documents that depict the proposed taking; and
  564  copies, to the extent prepared, of the construction plans that
  565  depict project improvements to be constructed on the property
  566  taken and improvements to be constructed adjacent to the
  567  remaining property, including, but not limited to, plan,
  568  profile, cross-section, drainage, pavement marking sheets, and
  569  driveway connection detail. The condemning authority shall
  570  provide any additional plan sheets within 15 days of request.
  571         4. The business owners statutory rights under ss. 73.071,
  572  73.091, and 73.092.
  573         5. The business owners rights and responsibilities under
  574  paragraphs (b) and (c) and subsection (4).
  575         (b) The notice must be made subsequent to or concurrent
  576  with the condemning authoritys making the written offer of
  577  compensation to the fee owner pursuant to subsection (1). The
  578  notice must be sent by certified mail, return receipt requested,
  579  to the address of the registered agent for the business located
  580  on the property to be acquired, or if no agent is registered, by
  581  certified mail or personal delivery to the address of the
  582  business located on the property to be acquired. Notice to one
  583  owner of a multiple ownership business constitutes notice to all
  584  business owners of that business. The return of the notice as
  585  undeliverable by the postal authorities constitutes compliance
  586  with these provisions. The condemning authority is not required
  587  to give notice to a person who acquires an interest in the
  588  business after the notice required by this section has been
  589  given. Once notice has been made to business owners under this
  590  subsection, the condemning authority may file a condemnation
  591  proceeding pursuant to chapter 73 or chapter 74 for the property
  592  identified in the notice.
  593         (c) If the business qualifies for business damages pursuant
  594  to s. 73.071(3)(b) and the business intends to claim business
  595  damages, the business owner must, within 180 days after either
  596  receipt of the notice or the date the notice is returned as
  597  undeliverable by the postal authorities, or at a later time
  598  mutually agreed to by the condemning authority and the business
  599  owner, submit to the condemning authority a good faith written
  600  offer to settle any claims of business damage. The written offer
  601  must be sent to the condemning authority by certified mail,
  602  return receipt requested. Absent a showing of a good faith
  603  justification for the failure to submit a business damage offer
  604  within 180 days, the court must strike the business owners
  605  claim for business damages in any condemnation proceeding. If
  606  the court finds that the business owner has made a showing of a
  607  good faith justification for the failure to timely submit a
  608  business damage offer, the court shall grant the business owner
  609  up to 180 days within which to submit a business damage offer,
  610  which the condemning authority must respond to within 120 days.
  611         1. The business damage offer must include an explanation of
  612  the nature, extent, and monetary amount of such damage and must
  613  be prepared by the owner, a certified public accountant, or a
  614  business damage expert familiar with the nature of the
  615  operations of the owners business. The business owner shall
  616  also provide to the condemning authority copies of the owners
  617  business records that substantiate the good faith offer to
  618  settle the business damage claim. If additional information is
  619  needed beyond data that may be obtained from business records
  620  existing at the time of the offer, the business owner and
  621  condemning authority may agree on a schedule for the submission
  622  of such information.
  623         2. As used in this paragraph, the term “business records”
  624  includes, but is not limited to, copies of federal income tax
  625  returns, federal income tax withholding statements, federal
  626  miscellaneous income tax statements, state sales tax returns,
  627  balance sheets, profit and loss statements, and state corporate
  628  income tax returns for the 5 years preceding notification which
  629  are attributable to the business operation on the property to be
  630  acquired, and other records relied upon by the business owner
  631  that substantiate the business damage claim.
  632         (d) Within 120 days after receipt of the good faith
  633  business damage offer and accompanying business records, the
  634  condemning authority must, by certified mail, accept or reject
  635  the business owners offer or make a counteroffer. Failure of
  636  the condemning authority to respond to the business damage
  637  offer, or rejection thereof pursuant to this section, must be
  638  deemed to be a counteroffer of zero dollars for purposes of
  639  subsequent application of s. 73.092(1).
  640         Revisers note.—Amended to delete obsolete language.
  641         Section 15. Paragraph (a) of subsection (5) of section
  642  97.053, Florida Statutes, is amended to read:
  643         97.053 Acceptance of voter registration applications.—
  644         (5)(a) A voter registration application is complete if it
  645  contains the following information necessary to establish the
  646  applicants eligibility pursuant to s. 97.041, including:
  647         1. The applicants name.
  648         2. The applicants address of legal residence, including a
  649  distinguishing apartment, suite, lot, room, or dormitory room
  650  number or other identifier, if appropriate. Failure to include a
  651  distinguishing apartment, suite, lot, room, or dormitory room or
  652  other identifier on a voter registration application does not
  653  impact a voters eligibility to register to vote or cast a
  654  ballot, and such an omission may not serve as the basis for a
  655  challenge to a voters eligibility or reason to not count a
  656  ballot.
  657         3. The applicants date of birth.
  658         4. A mark in the checkbox affirming that the applicant is a
  659  citizen of the United States.
  660         5.a. The applicants current and valid Florida driver
  661  license number or the identification number from a Florida
  662  identification card issued under s. 322.051, or
  663         b. If the applicant has not been issued a current and valid
  664  Florida driver license or a Florida identification card, the
  665  last four digits of the applicants social security number.
  666  
  667  In case an applicant has not been issued a current and valid
  668  Florida driver license, Florida identification card, or social
  669  security number, the applicant shall affirm this fact in the
  670  manner prescribed in the uniform statewide voter registration
  671  application.
  672         6. A mark in the applicable checkbox affirming that the
  673  applicant has not been convicted of a felony or that, if
  674  convicted, has had his or her civil rights restored through
  675  executive clemency, or has had his or her voting rights restored
  676  pursuant to s. 4, Art. VI of the State Constitution.
  677         7. A mark in the checkbox affirming that the applicant has
  678  not been adjudicated mentally incapacitated with respect to
  679  voting or that, if so adjudicated, has had his or her right to
  680  vote restored.
  681         8. The original signature or a digital signature
  682  transmitted by the Department of Highway Safety and Motor
  683  Vehicles of the applicant swearing or affirming under the
  684  penalty for false swearing pursuant to s. 104.011 that the
  685  information contained in the registration application is true
  686  and subscribing to the oath required by s. 3, Art. VI of the
  687  State Constitution and s. 97.051.
  688         Revisers note.—Amended to confirm the editorial insertion of
  689         the word “to” to improve clarity.
  690         Section 16. Subsection (1) of section 101.161, Florida
  691  Statutes, is amended to read:
  692         101.161 Referenda; ballots.—
  693         (1) Whenever a constitutional amendment or other public
  694  measure is submitted to the vote of the people, a ballot summary
  695  of such amendment or other public measure shall be printed in
  696  clear and unambiguous language on the ballot after the list of
  697  candidates, followed by the word “yes” and also by the word
  698  “no,” and shall be styled in such a manner that a “yes” vote
  699  will indicate approval of the proposal and a “no” vote will
  700  indicate rejection. The ballot summary of the amendment or other
  701  public measure and the ballot title to appear on the ballot
  702  shall be embodied in the constitutional revision commission
  703  proposal, constitutional convention proposal, taxation and
  704  budget reform commission proposal, or enabling resolution or
  705  ordinance. The ballot summary of the amendment or other public
  706  measure shall be an explanatory statement, not exceeding 75
  707  words in length, of the chief purpose of the measure. In
  708  addition, for every amendment proposed by initiative, the ballot
  709  shall include, following the ballot summary, a separate
  710  financial impact statement concerning the measure prepared by
  711  the Financial Impact Estimating Conference in accordance with s.
  712  100.371(13) 100.371(5). The ballot title shall consist of a
  713  caption, not exceeding 15 words in length, by which the measure
  714  is commonly referred to or spoken of. This subsection does not
  715  apply to constitutional amendments or revisions proposed by
  716  joint resolution.
  717         Revisers note.—Amended to conform to the redesignation of s.
  718         100.371(5) as s. 100.371(13) by s. 3, ch. 2019-64, Laws of
  719         Florida.
  720         Section 17. Paragraph (a) of subsection (1) of section
  721  101.657, Florida Statutes, is amended to read:
  722         101.657 Early voting.—
  723         (1)(a) As a convenience to the voter, the supervisor of
  724  elections shall allow an elector to vote early in the main or
  725  branch office of the supervisor. The supervisor shall mark,
  726  code, indicate on, or otherwise track the voters precinct for
  727  each early voted ballot. In order for a branch office to be used
  728  for early voting, it shall be a permanent facility of the
  729  supervisor and shall have been designated and used as such for
  730  at least 1 year prior to the election. The supervisor may also
  731  designate any city hall, permanent public library facility,
  732  fairground, civic center, courthouse, county commission
  733  building, stadium, convention center, government-owned senior
  734  center, or government-owned community center as an early voting
  735  site sites; however, if so designated, the sites must be
  736  geographically located so as to provide all voters in the county
  737  an equal opportunity to cast a ballot, insofar as is
  738  practicable, and must provide sufficient nonpermitted parking to
  739  accommodate the anticipated amount of voters. In addition, a
  740  supervisor may designate one early voting site per election in
  741  an area of the county that does not have any of the eligible
  742  early voting locations. Such additional early voting site must
  743  be geographically located so as to provide all voters in that
  744  area with an equal opportunity to cast a ballot, insofar as is
  745  practicable, and must provide sufficient nonpermitted parking to
  746  accommodate the anticipated amount of voters. Each county shall,
  747  at a minimum, operate the same total number of early voting
  748  sites for a general election which the county operated for the
  749  2012 general election. The results or tabulation of votes cast
  750  during early voting may not be made before the close of the
  751  polls on election day. Results shall be reported by precinct.
  752         Revisers note.—Amended to improve sentence construction.
  753         Section 18. Subsection (3) of section 110.233, Florida
  754  Statutes, is amended to read:
  755         110.233 Political activities and unlawful acts prohibited.—
  756         (3) No person shall, directly or indirectly, give, render,
  757  pay, offer, solicit, or accept any money, service, or other
  758  valuable consideration for or on account of any appointment,
  759  proposed appointment, promotion or proposed promotion to, or any
  760  advantage in, a position in the career service. The provisions
  761  of this subsection do not apply to a private employment agency
  762  licensed pursuant to the provisions of chapter 449 when the
  763  services of such private employment agency are requested by a
  764  state agency, board, department, or commission and neither the
  765  state nor any political subdivision pays the private employment
  766  agency for such services.
  767         Revisers note.—Amended to delete obsolete language. Chapter 449
  768         was repealed by s. 9, ch. 81-170, Laws of Florida.
  769         Section 19. Section 112.31455, Florida Statutes, is
  770  reenacted to read:
  771         112.31455 Collection methods for unpaid automatic fines for
  772  failure to timely file disclosure of financial interests.—
  773         (1) Before referring any unpaid fine accrued pursuant to s.
  774  112.3144(8) or s. 112.3145(8) to the Department of Financial
  775  Services, the commission shall attempt to determine whether the
  776  individual owing such a fine is a current public officer or
  777  current public employee. If so, the commission may notify the
  778  Chief Financial Officer or the governing body of the appropriate
  779  county, municipality, district school board, or special district
  780  of the total amount of any fine owed to the commission by such
  781  individual.
  782         (a) After receipt and verification of the notice from the
  783  commission, the Chief Financial Officer or the governing body of
  784  the county, municipality, district school board, or special
  785  district shall begin withholding the lesser of 10 percent or the
  786  maximum amount allowed under federal law from any salary-related
  787  payment. The withheld payments shall be remitted to the
  788  commission until the fine is satisfied.
  789         (b) The Chief Financial Officer or the governing body of
  790  the county, municipality, district school board, or special
  791  district may retain an amount of each withheld payment, as
  792  provided in s. 77.0305, to cover the administrative costs
  793  incurred under this section.
  794         (2) If the commission determines that the individual who is
  795  the subject of an unpaid fine accrued pursuant to s. 112.3144(8)
  796  or s. 112.3145(8) is no longer a public officer or public
  797  employee or if the commission is unable to determine whether the
  798  individual is a current public officer or public employee, the
  799  commission may, 6 months after the order becomes final, seek
  800  garnishment of any wages to satisfy the amount of the fine, or
  801  any unpaid portion thereof, pursuant to chapter 77. Upon
  802  recording the order imposing the fine with the clerk of the
  803  circuit court, the order shall be deemed a judgment for purposes
  804  of garnishment pursuant to chapter 77.
  805         (3) The commission may refer unpaid fines to the
  806  appropriate collection agency, as directed by the Chief
  807  Financial Officer, to utilize any collection methods provided by
  808  law. Except as expressly limited by this section, any other
  809  collection methods authorized by law are allowed.
  810         (4) Action may be taken to collect any unpaid fine imposed
  811  by ss. 112.3144 and 112.3145 within 20 years after the date the
  812  final order is rendered.
  813         Revisers note.—Section 5, ch. 2019-97, Laws of Florida, amended
  814         s. 112.31455, but failed to incorporate the amendment by s.
  815         3, ch. 2018-5, Laws of Florida, effective July 1, 2019.
  816         Absent affirmative evidence of legislative intent to repeal
  817         the July 1, 2019, amendment by s. 3, ch. 2018-5, the
  818         section is reenacted to confirm the omission was not
  819         intended.
  820         Section 20. Subsection (2) of section 112.63, Florida
  821  Statutes, is amended to read:
  822         112.63 Actuarial reports and statements of actuarial
  823  impact; review.—
  824         (2) The frequency of actuarial reports must be at least
  825  every 3 years commencing from the last actuarial report of the
  826  plan or system or October 1, 1980, if no actuarial report has
  827  been issued within the 3-year period prior to October 1, 1979.
  828  The results of each actuarial report shall be filed with the
  829  plan administrator within 60 days of certification. Thereafter,
  830  the results of each actuarial report shall be made available for
  831  inspection upon request. Additionally, each retirement system or
  832  plan covered by this act which is not administered directly by
  833  the Department of Management Services shall furnish a copy of
  834  each actuarial report to the Department of Management Services
  835  within 60 days after receipt from the actuary. The requirements
  836  of this section are supplemental to actuarial valuations
  837  necessary to comply with the requirements of s. 218.39.
  838         Revisers note.—Amended to delete obsolete language.
  839         Section 21. Subsection (7) of section 117.021, Florida
  840  Statutes, is amended to read:
  841         117.021 Electronic notarization.—
  842         (7) The Department of State, in collaboration with the
  843  Department of Management Services Agency for State Technology,
  844  shall adopt rules establishing standards for tamper-evident
  845  technologies that will indicate any alteration or change to an
  846  electronic record after completion of an electronic notarial
  847  act. All electronic notarizations performed on or after January
  848  1, 2020, must comply with the adopted standards.
  849         Revisers note.—Amended to conform to the repeal of s. 20.61,
  850         which created the Agency for State Technology, by s. 5, ch.
  851         2019-118, Laws of Florida, and the transfer of the agencys
  852         duties to the Department of Management Services by ss. 1
  853         and 3, ch. 2019-118.
  854         Section 22. Subsection (5) of section 117.245, Florida
  855  Statutes, is amended to read:
  856         117.245 Electronic journal of online notarizations.—
  857         (5) An omitted or incomplete entry in the electronic
  858  journal does not impair the validity of the notarial act or of
  859  the electronic record which was notarized, but may be introduced
  860  as evidence to establish violations of this chapter; as evidence
  861  of possible fraud, forgery, impersonation, duress, incapacity,
  862  undue influence, minority, illegality, or unconscionability; or
  863  for other evidentiary purposes. However, if the recording of the
  864  audio-video communication required under subsection (2) relating
  865  to the online notarization of the execution of an electronic
  866  will cannot be produced by the online notary public or the
  867  qualified custodian, the electronic will shall be treated as a
  868  lost or destroyed will subject to s. 733.207.
  869         Revisers note.—Amended to confirm the editorial insertion of
  870         the word “or” to improve clarity.
  871         Section 23. Subsection (9) of section 117.265, Florida
  872  Statutes, is amended to read:
  873         117.265 Online notarization procedures.—
  874         (9) Any failure to comply with the online notarization
  875  procedures set forth in this section does not impair the
  876  validity of the notarial act or the electronic record that was
  877  notarized, but may be introduced as evidence to establish
  878  violations of this chapter or as an indication of possible
  879  fraud, forgery, impersonation, duress, incapacity, undue
  880  influence, minority, illegality, or unconscionability, or for
  881  other evidentiary purposes. This subsection may not be construed
  882  to alter the duty of an online notary public to comply with this
  883  chapter and any rules adopted hereunder.
  884         Revisers note.—Amended to confirm the editorial insertion of
  885         the word “or” to improve clarity.
  886         Section 24. Paragraph (c) of subsection (2) of section
  887  121.051, Florida Statutes, is amended to read:
  888         121.051 Participation in the system.—
  889         (2) OPTIONAL PARTICIPATION.—
  890         (c) Employees of public community colleges or charter
  891  technical career centers sponsored by public community colleges,
  892  designated in s. 1000.21(3), who are members of the Regular
  893  Class of the Florida Retirement System and who comply with the
  894  criteria set forth in this paragraph and s. 1012.875 may, in
  895  lieu of participating in the Florida Retirement System, elect to
  896  withdraw from the system altogether and participate in the State
  897  Community College System Optional Retirement Program provided by
  898  the employing agency under s. 1012.875.
  899         1.a. Through June 30, 2001, the cost to the employer for
  900  benefits under the optional retirement program equals the normal
  901  cost portion of the employer retirement contribution which would
  902  be required if the employee were a member of the pension plans
  903  Regular Class, plus the portion of the contribution rate
  904  required by s. 112.363(8) which would otherwise be assigned to
  905  the Retiree Health Insurance Subsidy Trust Fund.
  906         b. Effective July 1, 2001, through June 30, 2011, each
  907  employer shall contribute on behalf of each member of the
  908  optional program an amount equal to 10.43 percent of the
  909  employees gross monthly compensation. The employer shall deduct
  910  an amount for the administration of the program.
  911         c. Effective July 1, 2011, through June 30, 2012, each
  912  member shall contribute an amount equal to the employee
  913  contribution required under s. 121.71(3). The employer shall
  914  contribute on behalf of each program member an amount equal to
  915  the difference between 10.43 percent of the employees gross
  916  monthly compensation and the employees required contribution
  917  based on the employees gross monthly compensation.
  918         d. Effective July 1, 2012, each member shall contribute an
  919  amount equal to the employee contribution required under s.
  920  121.71(3). The employer shall contribute on behalf of each
  921  program member an amount equal to the difference between 8.15
  922  percent of the employees gross monthly compensation and the
  923  employees required contribution based on the employees gross
  924  monthly compensation.
  925         e. The employer shall contribute an additional amount to
  926  the Florida Retirement System Trust Fund equal to the unfunded
  927  actuarial accrued liability portion of the Regular Class
  928  contribution rate.
  929         2. The decision to participate in the optional retirement
  930  program is irrevocable as long as the employee holds a position
  931  eligible for participation, except as provided in subparagraph
  932  3. Any service creditable under the Florida Retirement System is
  933  retained after the member withdraws from the system; however,
  934  additional service credit in the system may not be earned while
  935  a member of the optional retirement program.
  936         3. An employee who has elected to participate in the
  937  optional retirement program shall have one opportunity, at the
  938  employees discretion, to transfer from the optional retirement
  939  program to the pension plan of the Florida Retirement System or
  940  to the investment plan established under part II of this
  941  chapter, subject to the terms of the applicable optional
  942  retirement program contracts.
  943         a. If the employee chooses to move to the investment plan,
  944  any contributions, interest, and earnings creditable to the
  945  employee under the optional retirement program are retained by
  946  the employee in the optional retirement program, and the
  947  applicable provisions of s. 121.4501(4) govern the election.
  948         b. If the employee chooses to move to the pension plan of
  949  the Florida Retirement System, the employee shall receive
  950  service credit equal to his or her years of service under the
  951  optional retirement program.
  952         (I) The cost for such credit is the amount representing the
  953  present value of the employees accumulated benefit obligation
  954  for the affected period of service. The cost shall be calculated
  955  as if the benefit commencement occurs on the first date the
  956  employee becomes eligible for unreduced benefits, using the
  957  discount rate and other relevant actuarial assumptions that were
  958  used to value the Florida Retirement System Pension Plan
  959  liabilities in the most recent actuarial valuation. The
  960  calculation must include any service already maintained under
  961  the pension plan in addition to the years under the optional
  962  retirement program. The present value of any service already
  963  maintained must be applied as a credit to total cost resulting
  964  from the calculation. The division must ensure that the transfer
  965  sum is prepared using a formula and methodology certified by an
  966  enrolled actuary.
  967         (II) The employee must transfer from his or her optional
  968  retirement program account and from other employee moneys as
  969  necessary, a sum representing the present value of the
  970  employees accumulated benefit obligation immediately following
  971  the time of such movement, determined assuming that attained
  972  service equals the sum of service in the pension plan and
  973  service in the optional retirement program.
  974         4. Participation in the optional retirement program is
  975  limited to employees who satisfy the following eligibility
  976  criteria:
  977         a. The employee is otherwise eligible for membership or
  978  renewed membership in the Regular Class of the Florida
  979  Retirement System, as provided in s. 121.021(11) and (12) or s.
  980  121.122.
  981         b. The employee is employed in a full-time position
  982  classified in the Accounting Manual for Floridas College System
  983  Accounting Manual for Floridas Public Community Colleges as:
  984         (I) Instructional; or
  985         (II) Executive Management, Instructional Management, or
  986  Institutional Management and the community college determines
  987  that recruiting to fill a vacancy in the position is to be
  988  conducted in the national or regional market, and the duties and
  989  responsibilities of the position include the formulation,
  990  interpretation, or implementation of policies, or the
  991  performance of functions that are unique or specialized within
  992  higher education and that frequently support the mission of the
  993  community college.
  994         c. The employee is employed in a position not included in
  995  the Senior Management Service Class of the Florida Retirement
  996  System as described in s. 121.055.
  997         5. Members of the program are subject to the same
  998  reemployment limitations, renewed membership provisions, and
  999  forfeiture provisions applicable to regular members of the
 1000  Florida Retirement System under ss. 121.091(9), 121.122, and
 1001  121.091(5), respectively. A member who receives a program
 1002  distribution funded by employer and required employee
 1003  contributions is deemed to be retired from a state-administered
 1004  retirement system if the member is subsequently employed with an
 1005  employer that participates in the Florida Retirement System.
 1006         6. Eligible community college employees are compulsory
 1007  members of the Florida Retirement System until, pursuant to s.
 1008  1012.875, a written election to withdraw from the system and
 1009  participate in the optional retirement program is filed with the
 1010  program administrator and received by the division.
 1011         a. A community college employee whose program eligibility
 1012  results from initial employment shall be enrolled in the
 1013  optional retirement program retroactive to the first day of
 1014  eligible employment. The employer and employee retirement
 1015  contributions paid through the month of the employee plan change
 1016  shall be transferred to the community college to the employees
 1017  optional program account, and, effective the first day of the
 1018  next month, the employer shall pay the applicable contributions
 1019  based upon subparagraph 1.
 1020         b. A community college employee whose program eligibility
 1021  is due to the subsequent designation of the employees position
 1022  as one of those specified in subparagraph 4., or due to the
 1023  employees appointment, promotion, transfer, or reclassification
 1024  to a position specified in subparagraph 4., must be enrolled in
 1025  the program on the first day of the first full calendar month
 1026  that such change in status becomes effective. The employer and
 1027  employee retirement contributions paid from the effective date
 1028  through the month of the employee plan change must be
 1029  transferred to the community college to the employees optional
 1030  program account, and, effective the first day of the next month,
 1031  the employer shall pay the applicable contributions based upon
 1032  subparagraph 1.
 1033         7. Effective July 1, 2003, through December 31, 2008, any
 1034  member of the optional retirement program who has service credit
 1035  in the pension plan of the Florida Retirement System for the
 1036  period between his or her first eligibility to transfer from the
 1037  pension plan to the optional retirement program and the actual
 1038  date of transfer may, during employment, transfer to the
 1039  optional retirement program a sum representing the present value
 1040  of the accumulated benefit obligation under the defined benefit
 1041  retirement program for the period of service credit. Upon
 1042  transfer, all service credit previously earned under the pension
 1043  plan during this period is nullified for purposes of entitlement
 1044  to a future benefit under the pension plan.
 1045         Revisers note.—Amended to conform to the current title of the
 1046         manual.
 1047         Section 25. Subsections (4) and (5) of section 121.71,
 1048  Florida Statutes, are reenacted to read:
 1049         121.71 Uniform rates; process; calculations; levy.—
 1050         (4) Required employer retirement contribution rates for
 1051  each membership class and subclass of the Florida Retirement
 1052  System for both retirement plans are as follows:
 1053  
 1054  Membership Class            Percentage ofGrossCompensation,EffectiveJuly 1, 2019
 1055  
 1056  Regular Class                                3.19%                 
 1057  Special Risk Class                          12.61%                 
 1058  Special Risk Administrative Support Class                 3.61%                 
 1059  Elected Officers Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders                 6.67%                 
 1060  Elected Officers Class— Justices, Judges                12.30%                 
 1061  Elected Officers Class— County Elected Officers                 8.73%                 
 1062  Senior Management Class                      4.60%                 
 1063  DROP                                         4.68%                 
 1064         (5) In order to address unfunded actuarial liabilities of
 1065  the system, the required employer retirement contribution rates
 1066  for each membership class and subclass of the Florida Retirement
 1067  System for both retirement plans are as follows:
 1068  
 1069  Membership Class            Percentage ofGrossCompensation,EffectiveJuly 1, 2019
 1070  
 1071  Regular Class                                3.56%                 
 1072  Special Risk Class                          11.15%                 
 1073  Special Risk Administrative Support Class                33.26%                 
 1074  Elected Officers Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders                47.64%                 
 1075  Elected Officers Class— Justices, Judges                27.98%                 
 1076  Elected Officers Class— County Elected Officers                38.37%                 
 1077  Senior Management Service Class                19.09%                 
 1078  DROP                                         8.26%                 
 1079         Revisers note.—Reenacted to confirm the addition of percentage
 1080         point amounts to specified rates by the Division of Law
 1081         Revision pursuant to the directive of the Legislature in s.
 1082         3, ch. 2019-21, Laws of Florida.
 1083         Section 26. Subsections (2) and (3) of section 161.74,
 1084  Florida Statutes, are amended to read:
 1085         161.74 Responsibilities.—
 1086         (2) RESEARCH PLAN.—The council must complete a Florida
 1087  Oceans and Coastal Scientific Research Plan which shall be used
 1088  by the Legislature in making funding decisions. The plan must
 1089  recommend priorities for scientific research projects. The plan
 1090  must be submitted to the President of the Senate and the Speaker
 1091  of the House of Representatives by January 15, 2006. Thereafter,
 1092  Annual updates to the plan must be submitted to the President of
 1093  the Senate and the Speaker of the House of Representatives by
 1094  February 1 of each year. The research projects contained in the
 1095  plan must meet at least one of the following objectives:
 1096         (a) Exploring opportunities to improve coastal ecosystem
 1097  functioning and health through watershed approaches to managing
 1098  freshwater and improving water quality.
 1099         (b) Evaluating current habitat conservation, restoring and
 1100  maintaining programs, and recommending improvements in the areas
 1101  of research, monitoring, and assessment.
 1102         (c) Promoting marine biomedical or biotechnology research
 1103  and product discovery and development to enhance Floridas
 1104  opportunity to maximize the beneficial uses of marine-derived
 1105  bioproducts and reduce negative health impacts of marine
 1106  organisms.
 1107         (d) Creating consensus and strategies on how Florida can
 1108  contribute to sustainable management of ocean wildlife and
 1109  habitat.
 1110         (e) Documenting through examination of existing and new
 1111  research the impact of marine and coastal debris and current
 1112  best practices to reduce debris.
 1113         (f) Providing methods to achieve sustainable fisheries
 1114  through better science, governance, stock enhancements and
 1115  consideration of habitat and secondary impacts such as bycatch.
 1116         (g) Documenting gaps in current protection strategies for
 1117  marine mammals.
 1118         (h) Promoting research and new methods to preserve and
 1119  restore coral reefs and other coral communities.
 1120         (i) Achieving sustainable marine aquaculture.
 1121         (j) Reviewing existing and ongoing studies on preventing
 1122  and responding to the spread of invasive and nonnative marine
 1123  and estuarine species.
 1124         (k) Exploring ocean-based renewable energy technologies and
 1125  climate change-related impacts to Floridas coastal area.
 1126         (l) Enhancing science education opportunities such as
 1127  virtual marine technology centers.
 1128         (m) Sustaining abundant birdlife and encouraging the
 1129  recreational and economic benefits associated with ocean and
 1130  coastal wildlife observation and photography.
 1131         (n) Developing a statewide analysis of the economic value
 1132  associated with ocean and coastal resources, developing economic
 1133  baseline data, methodologies, and consistent measures of oceans
 1134  and coastal resource economic activity and value, and developing
 1135  reports that educate Floridians, the United States Commission on
 1136  Ocean Policy, local, state, and federal agencies and others on
 1137  the importance of ocean and coastal resources.
 1138         (3) RESOURCE ASSESSMENT.—By December 1, 2006, The council
 1139  shall prepare a comprehensive oceans and coastal resource
 1140  assessment that shall serve as a baseline of information to be
 1141  used in assisting in its research plan. The resource assessment
 1142  must include:
 1143         (a) Patterns of use of oceans and coastal resources;
 1144         (b) Natural resource features, including, but not limited
 1145  to, habitat, bathymetry, surficial geology, circulation, and
 1146  tidal currents;
 1147         (c) The location of current and proposed oceans and coastal
 1148  research and monitoring infrastructure;
 1149         (d) Industrial, commercial, coastal observing system,
 1150  ships, subs, and recreational transit patterns; and
 1151         (e) Socioeconomic trends of the states oceans and coastal
 1152  resources and oceans and coastal economy.
 1153         Revisers note.—Amended to delete obsolete language.
 1154         Section 27. Paragraph (k) of subsection (2) and paragraphs
 1155  (b) and (c) of subsection (8) of section 163.3178, Florida
 1156  Statutes, are amended to read:
 1157         163.3178 Coastal management.—
 1158         (2) Each coastal management element required by s.
 1159  163.3177(6)(g) shall be based on studies, surveys, and data; be
 1160  consistent with coastal resource plans prepared and adopted
 1161  pursuant to general or special law; and contain:
 1162         (k) A component which includes the comprehensive master
 1163  plan prepared by each deepwater port listed in s. 311.09(1),
 1164  which addresses existing port facilities and any proposed
 1165  expansions, and which adequately addresses the applicable
 1166  requirements of paragraphs (a)-(k) for areas within the port and
 1167  proposed expansion areas. Such component shall be submitted to
 1168  the appropriate local government at least 6 months prior to the
 1169  due date of the local plan and shall be integrated with, and
 1170  shall meet all criteria specified in, the coastal management
 1171  element. “The appropriate local government” means the
 1172  municipality having the responsibility for the area in which the
 1173  deepwater port lies, except that where no municipality has
 1174  responsibility, where a municipality and a county each have
 1175  responsibility, or where two or more municipalities each have
 1176  responsibility for the area in which the deepwater port lies,
 1177  “the appropriate local government” means the county which has
 1178  responsibility for the area in which the deepwater port lies.
 1179  Failure by a deepwater port which is not part of a local
 1180  government to submit its component to the appropriate local
 1181  government shall not result in a local government being subject
 1182  to sanctions pursuant to s. ss. 163.3167 and 163.3184. However,
 1183  a deepwater port which is not part of a local government shall
 1184  be subject to sanctions pursuant to s. 163.3184.
 1185         (8)
 1186         (b) For those local governments that have not established a
 1187  level of service for out-of-county hurricane evacuation by July
 1188  1, 2008, by following the process in paragraph (a), the level of
 1189  service shall be no greater than 16 hours for a category 5 storm
 1190  event as measured on the Saffir-Simpson scale.
 1191         (c) This subsection shall become effective immediately and
 1192  shall apply to all local governments. No later than July 1,
 1193  2008, Local governments shall amend their future land use map
 1194  and coastal management element to include the new definition of
 1195  coastal high-hazard area and to depict the coastal high-hazard
 1196  area on the future land use map.
 1197         Revisers note.—Paragraph (2)(k) is amended to conform to the
 1198         deletion of language relating to sanctions in s. 163.3167
 1199         by s. 42, ch. 2010-102, Laws of Florida. Paragraphs (8)(b)
 1200         and (c) are amended to delete obsolete language.
 1201         Section 28. Paragraph (d) of subsection (3) of section
 1202  163.356, Florida Statutes, is amended to read:
 1203         163.356 Creation of community redevelopment agency.—
 1204         (3)
 1205         (d) An agency authorized to transact business and exercise
 1206  powers under this part shall file with the governing body the
 1207  report required pursuant to s. 163.371(2) 163.371(1).
 1208         Revisers note.—Amended to correct a cross-reference; s.
 1209         163.371(2) relates to the report; s. 163.371(1) relates to
 1210         posting of maps on a website.
 1211         Section 29. Section 166.0493, Florida Statutes, is amended
 1212  to read:
 1213         166.0493 Powers, duties, and obligations of municipal law
 1214  enforcement agencies.—On or before January 1, 2002, Every
 1215  municipal law enforcement agency shall incorporate an antiracial
 1216  or other antidiscriminatory profiling policy into the agencys
 1217  policies and practices, utilizing the Florida Police Chiefs
 1218  Association Model Policy as a guide. Antiprofiling policies
 1219  shall include the elements of definitions, traffic stop
 1220  procedures, community education and awareness efforts, and
 1221  policies for the handling of complaints from the public.
 1222         Revisers note.—Amended to delete obsolete language.
 1223         Section 30. Section 177.503, Florida Statutes, is amended
 1224  to read:
 1225         177.503 Definitions.—As used in ss. 177.501-177.510, the
 1226  following words and terms shall have the meanings indicated
 1227  unless the context clearly indicates a different meaning:
 1228         (1) “Professional surveyor and mapper” or “surveyor and
 1229  mapper” means a person authorized to practice surveying and
 1230  mapping under the provisions of chapter 472.
 1231         (2) “Department” means the Department of Environmental
 1232  Protection.
 1233         (3) “Corner” means a geographic position on the surface of
 1234  the earth.
 1235         (4) “Monument” means a manmade or natural object that is
 1236  presumed to occupy the corner or is a reference to the position
 1237  of a corner.
 1238         (5) “Public land survey corner” means any corner actually
 1239  established and monumented in the original public land survey or
 1240  resurvey and those similar original corners subdividing Spanish
 1241  land grants.
 1242         (6) “Corner accessory” means any exclusively identifiable
 1243  physical object whose spatial relationship to the corner is
 1244  recorded. Accessories may be, but are not limited to, bearing
 1245  trees, bearing objects, monuments, reference monuments, line
 1246  trees, pits, mounds, blaze marks, steel or wooden stakes, or
 1247  other such natural or manmade objects.
 1248         (7) “Reference monument” means a monument that does not
 1249  occupy the same geographical position as the corner itself, but
 1250  whose spatial relationship to the corner is recorded and which
 1251  serves to witness the corner.
 1252         (8) “Township” has the meaning ascribed in 43 U.S.C. s.
 1253  751.
 1254         (9) “Certified corner record” means a document prepared by
 1255  a surveyor and mapper when a public land survey corner is used
 1256  as control in his or her survey or resurvey.
 1257         (10) “State cadastral surveyor” means the chief of the
 1258  Bureau of Survey and Mapping Coastal and Land Boundaries,
 1259  Division of State Lands Resource Management of the department.
 1260         Revisers note.—Amended to conform to the current names of the
 1261         regulatory entities.
 1262         Section 31. Subsection (3) of section 185.35, Florida
 1263  Statutes, is amended to read:
 1264         185.35 Municipalities that have their own retirement plans
 1265  for police officers.—In order for a municipality that has its
 1266  own retirement plan for police officers, or for police officers
 1267  and firefighters if both are included, to participate in the
 1268  distribution of the tax fund established under s. 185.08, a
 1269  local law plan must meet minimum benefits and minimum standards,
 1270  except as provided in the mutual consent provisions in paragraph
 1271  (1)(g) with respect to the minimum benefits not met as of
 1272  October 1, 2012.
 1273         (3) A retirement plan or amendment to a retirement plan may
 1274  not be proposed for adoption unless the proposed plan or
 1275  amendment contains an actuarial estimate of the costs involved.
 1276  Such proposed plan or proposed plan change may not be adopted
 1277  without the approval of the municipality or, where required, the
 1278  Legislature. Copies of the proposed plan or proposed plan change
 1279  and the actuarial impact statement of the proposed plan or
 1280  proposed plan change shall be furnished to the division before
 1281  the last public hearing on the proposal is held. Such statement
 1282  must also indicate whether the proposed plan or proposed plan
 1283  change is in compliance with s. 14, Art. X of the State
 1284  Constitution and those provisions of part VII of chapter 112
 1285  which are not expressly provided in this chapter.
 1286  Notwithstanding any other provision, only those local law plans
 1287  created by special act of legislation before May 27, 1939, are
 1288  deemed to meet the minimum benefits and minimum standards only
 1289  in this chapter.
 1290         Revisers note.—Amended to improve clarity.
 1291         Section 32. Subsection (1) of section 186.801, Florida
 1292  Statutes, is amended to read:
 1293         186.801 Ten-year site plans.—
 1294         (1) Beginning January 1, 1974, Each electric utility shall
 1295  submit to the Public Service Commission a 10-year site plan
 1296  which shall estimate its power-generating needs and the general
 1297  location of its proposed power plant sites. The 10-year plan
 1298  shall be reviewed and submitted not less frequently than every 2
 1299  years.
 1300         Revisers note.—Amended to delete obsolete language.
 1301         Section 33. Subsection (11) of section 196.011, Florida
 1302  Statutes, is amended to read:
 1303         196.011 Annual application required for exemption.—
 1304         (11) For exemptions enumerated in paragraph (1)(b), granted
 1305  for the 2001 tax year and thereafter, social security numbers of
 1306  the applicant and the applicants spouse, if any, are required
 1307  and must be submitted to the department. Applications filed
 1308  pursuant to subsection (5) or subsection (6) shall may be
 1309  required to include social security numbers of the applicant and
 1310  the applicants spouse, if any, and shall include such
 1311  information if filed for the 2001 tax year or thereafter. For
 1312  counties where the annual application requirement has been
 1313  waived, property appraisers may require refiling of an
 1314  application to obtain such information.
 1315         Revisers note.—Amended to delete obsolete language.
 1316         Section 34. Subsection (1) of section 206.11, Florida
 1317  Statutes, is amended to read:
 1318         206.11 Penalties.—
 1319         (1) Any false or fraudulent statement or report submitted
 1320  under the fuel tax laws of this state and sworn to by a person
 1321  knowing same to be false or fraudulent shall constitute perjury,
 1322  and, upon conviction thereof, the person so convicted shall be
 1323  punished as provided by law for conviction of perjury under s.
 1324  837.012 837.01.
 1325         Revisers note.—Amended to conform to the transfer of s. 837.01
 1326         to s. 837.012 by s. 54, ch. 74-383, Laws of Florida.
 1327         Section 35. Paragraphs (a) and (b) of subsection (6) of
 1328  section 211.3103, Florida Statutes, are amended to read:
 1329         211.3103 Levy of tax on severance of phosphate rock; rate,
 1330  basis, and distribution of tax.—
 1331         (6)(a) Beginning January 1, 2023, the proceeds of all
 1332  taxes, interest, and penalties imposed under this section are
 1333  exempt from the general revenue service charge provided in s.
 1334  215.20, and such proceeds shall be paid into the State Treasury
 1335  as follows:
 1336         1. To the credit of the State Park Trust Fund, 25.5
 1337  percent.
 1338         2. To the credit of the General Revenue Fund of the state,
 1339  35.7 percent.
 1340         3. For payment to counties in proportion to the number of
 1341  tons of phosphate rock produced from a phosphate rock matrix
 1342  located within such political boundary, 12.8 percent. The
 1343  department shall distribute this portion of the proceeds
 1344  annually based on production information reported by the
 1345  producers on the annual returns for the taxable year. Any such
 1346  proceeds received by a county shall be used only for phosphate
 1347  related expenses.
 1348         4. For payment to counties that have been designated as a
 1349  rural area of opportunity pursuant to s. 288.0656 in proportion
 1350  to the number of tons of phosphate rock produced from a
 1351  phosphate rock matrix located within such political boundary,
 1352  10.0 percent. The department shall distribute this portion of
 1353  the proceeds annually based on production information reported
 1354  by the producers on the annual returns for the taxable year.
 1355  Payments under this subparagraph shall be made to the counties
 1356  unless the Legislature by special act creates a local authority
 1357  to promote and direct the economic development of the county. If
 1358  such authority exists, payments shall be made to that authority.
 1359         5. To the credit of the Nonmandatory Land Reclamation Trust
 1360  Fund, 6.2 percent.
 1361         6. To the credit of the Phosphate Research Trust Fund in
 1362  the Division of Universities of the Department of Education, 6.2
 1363  percent.
 1364         7. To the credit of the Minerals Trust Fund, 3.6 percent.
 1365         (b) Notwithstanding paragraph (a), from July 1, 2015, until
 1366  December 31, 2022, the proceeds of all taxes, interest, and
 1367  penalties imposed under this section are exempt from the general
 1368  revenue service charge provided in s. 215.20, and such proceeds
 1369  shall be paid to the State Treasury as follows:
 1370         1. To the credit of the State Park Trust Fund, 22.8
 1371  percent.
 1372         2. To the credit of the General Revenue Fund of the state,
 1373  31.9 percent.
 1374         3. For payment to counties pursuant to subparagraph (a)3.,
 1375  11.5 percent.
 1376         4. For payment to counties pursuant to subparagraph (a)4.,
 1377  8.9 percent.
 1378         5. To the credit of the Nonmandatory Land Reclamation Trust
 1379  Fund, 16.1 percent.
 1380         6. To the credit of the Phosphate Research Trust Fund in
 1381  the Division of Universities of the Department of Education, 5.6
 1382  percent.
 1383         7. To the credit of the Minerals Trust Fund, 3.2 percent.
 1384         Revisers note.—Amended to conform to s. 3, ch. 2000-321, Laws
 1385         of Florida, which relocated the duties of the Division of
 1386         Universities to the Florida Board of Education and provided
 1387         that the Division of Universities “shall cease to exist.”
 1388         The board, designated as the State Board of Education, is
 1389         the head of the Department of Education per s. 20.15(1).
 1390         Section 36. Paragraph (c) of subsection (1) and paragraphs
 1391  (c) and (d) of subsection (11) of section 212.06, Florida
 1392  Statutes, are amended to read:
 1393         212.06 Sales, storage, use tax; collectible from dealers;
 1394  “dealer” defined; dealers to collect from purchasers;
 1395  legislative intent as to scope of tax.—
 1396         (1)
 1397         (c)1. Notwithstanding the provisions of paragraph (b), the
 1398  use tax on asphalt manufactured for ones own use shall be
 1399  calculated with respect to paragraph (b) only upon the cost of
 1400  materials which become a component part or which are an
 1401  ingredient of the finished asphalt and upon the cost of the
 1402  transportation of such components and ingredients. In addition,
 1403  an indexed tax of 38 cents per ton of such manufactured asphalt
 1404  shall be due at the same time and in the same manner as taxes
 1405  due pursuant to paragraph (b). Beginning July 1, 1989, The
 1406  indexed tax shall be adjusted each July 1 to an amount, rounded
 1407  to the nearest cent, equal to the product of 38 cents multiplied
 1408  by a fraction, the numerator of which is the annual average of
 1409  the “materials and components for construction” series of the
 1410  producer price index, as calculated and published by the United
 1411  States Department of Labor, Bureau of Statistics, for the
 1412  previous calendar year, and the denominator of which is the
 1413  annual average of said series for calendar year 1988.
 1414         2.a. Beginning July 1, 1999, the indexed tax imposed by
 1415  this paragraph on manufactured asphalt which is used for any
 1416  federal, state, or local government public works project shall
 1417  be reduced by 20 percent.
 1418         b. Beginning July 1, 2000, the indexed tax imposed by this
 1419  paragraph on manufactured asphalt which is used for any federal,
 1420  state, or local government public works project shall be reduced
 1421  by 40 percent.
 1422         c. Beginning July 1, 2016, the indexed tax imposed by this
 1423  paragraph on manufactured asphalt which is used for any federal,
 1424  state, or local government public works project shall be reduced
 1425  by 60 percent.
 1426         d. Beginning July 1, 2017, the indexed tax imposed by this
 1427  paragraph on manufactured asphalt which is used for any federal,
 1428  state, or local government public works project shall be reduced
 1429  by 80 percent.
 1430         e. Beginning July 1, 2018, Manufactured asphalt used for
 1431  any federal, state, or local government public works project
 1432  shall be exempt from the indexed tax imposed by this paragraph.
 1433         (11)
 1434         (c) After July 1, 1992, This exemption inures to the
 1435  taxpayer only through refund of previously paid taxes or by
 1436  self-accruing taxes as provided in s. 212.183 and applies only
 1437  where the seller of subscriptions to publications sold in the
 1438  state:
 1439         1. Is registered with the department pursuant to this
 1440  chapter; and
 1441         2. Remits the taxes imposed by this chapter on such
 1442  publications.
 1443         (d) This subsection applies retroactively to July 1, 1987.
 1444         Revisers note.—Amended to delete obsolete language.
 1445         Section 37. Paragraph (nn) of subsection (7) of section
 1446  212.08, Florida Statutes, is amended to read:
 1447         212.08 Sales, rental, use, consumption, distribution, and
 1448  storage tax; specified exemptions.—The sale at retail, the
 1449  rental, the use, the consumption, the distribution, and the
 1450  storage to be used or consumed in this state of the following
 1451  are hereby specifically exempt from the tax imposed by this
 1452  chapter.
 1453         (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
 1454  entity by this chapter do not inure to any transaction that is
 1455  otherwise taxable under this chapter when payment is made by a
 1456  representative or employee of the entity by any means,
 1457  including, but not limited to, cash, check, or credit card, even
 1458  when that representative or employee is subsequently reimbursed
 1459  by the entity. In addition, exemptions provided to any entity by
 1460  this subsection do not inure to any transaction that is
 1461  otherwise taxable under this chapter unless the entity has
 1462  obtained a sales tax exemption certificate from the department
 1463  or the entity obtains or provides other documentation as
 1464  required by the department. Eligible purchases or leases made
 1465  with such a certificate must be in strict compliance with this
 1466  subsection and departmental rules, and any person who makes an
 1467  exempt purchase with a certificate that is not in strict
 1468  compliance with this subsection and the rules is liable for and
 1469  shall pay the tax. The department may adopt rules to administer
 1470  this subsection.
 1471         (nn) United States Department of Veterans Affairs Veterans
 1472  Administration.—When a veteran of the armed forces purchases an
 1473  aircraft, boat, mobile home, motor vehicle, or other vehicle
 1474  from a dealer pursuant to the provisions of 38 U.S.C. s.
 1475  3902(a), or any successor provision of the United States Code,
 1476  the amount that is paid directly to the dealer by the United
 1477  States Department of Veterans Affairs Veterans Administration is
 1478  not taxable. However, any portion of the purchase price which is
 1479  paid directly to the dealer by the veteran is taxable.
 1480         Revisers note.—Amended to conform to the renaming of the
 1481         Veterans Administration as the United States Department of
 1482         Veterans Affairs by s. 1, Pub. L. No. 100-527 in 1988.
 1483         Section 38. Section 212.186, Florida Statutes, is amended
 1484  to read:
 1485         212.186 Registration number and resale certificate
 1486  verification; toll-free number; information system; dealer
 1487  education.—
 1488         (1) Effective January 1, 2000, The Department of Revenue
 1489  shall establish a toll-free number for verification of valid
 1490  registration numbers and resale certificates. The system must be
 1491  sufficient to guarantee a low busy rate and must respond to
 1492  keypad inquiries, and data must be updated daily.
 1493         (2) Effective January 1, 2000, The Department of Revenue
 1494  shall establish a system for receiving information from dealers
 1495  regarding certificate numbers of those seeking to make purchases
 1496  for resale. The department must provide such dealers with
 1497  verification of those numbers which are canceled or invalid.
 1498  This information must be provided by the department free of
 1499  charge.
 1500         (3) Effective July 1, 1999, The Department of Revenue shall
 1501  expand its dealer education program regarding the proper use of
 1502  resale certificates. The expansion shall include, but need not
 1503  be limited to, revision of the registration application for
 1504  clarity, development of industry-specific brochures, development
 1505  of a media campaign to heighten awareness of resale fraud and
 1506  its consequences, outreach to business and professional
 1507  organizations, and creation of seminars and continuing education
 1508  programs for taxpayers and licensed professionals.
 1509         Revisers note.—Amended to delete obsolete language.
 1510         Section 39. Paragraph (d) of subsection (6) of section
 1511  212.20, Florida Statutes, is amended to read:
 1512         212.20 Funds collected, disposition; additional powers of
 1513  department; operational expense; refund of taxes adjudicated
 1514  unconstitutionally collected.—
 1515         (6) Distribution of all proceeds under this chapter and ss.
 1516  202.18(1)(b) and (2)(b) and 203.01(1)(a)3. is as follows:
 1517         (d) The proceeds of all other taxes and fees imposed
 1518  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 1519  and (2)(b) shall be distributed as follows:
 1520         1. In any fiscal year, the greater of $500 million, minus
 1521  an amount equal to 4.6 percent of the proceeds of the taxes
 1522  collected pursuant to chapter 201, or 5.2 percent of all other
 1523  taxes and fees imposed pursuant to this chapter or remitted
 1524  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 1525  monthly installments into the General Revenue Fund.
 1526         2. After the distribution under subparagraph 1., 8.9744
 1527  percent of the amount remitted by a sales tax dealer located
 1528  within a participating county pursuant to s. 218.61 shall be
 1529  transferred into the Local Government Half-cent Sales Tax
 1530  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 1531  transferred shall be reduced by 0.1 percent, and the department
 1532  shall distribute this amount to the Public Employees Relations
 1533  Commission Trust Fund less $5,000 each month, which shall be
 1534  added to the amount calculated in subparagraph 3. and
 1535  distributed accordingly.
 1536         3. After the distribution under subparagraphs 1. and 2.,
 1537  0.0966 percent shall be transferred to the Local Government
 1538  Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
 1539  to s. 218.65.
 1540         4. After the distributions under subparagraphs 1., 2., and
 1541  3., 2.0810 percent of the available proceeds shall be
 1542  transferred monthly to the Revenue Sharing Trust Fund for
 1543  Counties pursuant to s. 218.215.
 1544         5. After the distributions under subparagraphs 1., 2., and
 1545  3., 1.3653 percent of the available proceeds shall be
 1546  transferred monthly to the Revenue Sharing Trust Fund for
 1547  Municipalities pursuant to s. 218.215. If the total revenue to
 1548  be distributed pursuant to this subparagraph is at least as
 1549  great as the amount due from the Revenue Sharing Trust Fund for
 1550  Municipalities and the former Municipal Financial Assistance
 1551  Trust Fund in state fiscal year 1999-2000, no municipality shall
 1552  receive less than the amount due from the Revenue Sharing Trust
 1553  Fund for Municipalities and the former Municipal Financial
 1554  Assistance Trust Fund in state fiscal year 1999-2000. If the
 1555  total proceeds to be distributed are less than the amount
 1556  received in combination from the Revenue Sharing Trust Fund for
 1557  Municipalities and the former Municipal Financial Assistance
 1558  Trust Fund in state fiscal year 1999-2000, each municipality
 1559  shall receive an amount proportionate to the amount it was due
 1560  in state fiscal year 1999-2000.
 1561         6. Of the remaining proceeds:
 1562         a. In each fiscal year, the sum of $29,915,500 shall be
 1563  divided into as many equal parts as there are counties in the
 1564  state, and one part shall be distributed to each county. The
 1565  distribution among the several counties must begin each fiscal
 1566  year on or before January 5th and continue monthly for a total
 1567  of 4 months. If a local or special law required that any moneys
 1568  accruing to a county in fiscal year 1999-2000 under the then
 1569  existing provisions of s. 550.135 be paid directly to the
 1570  district school board, special district, or a municipal
 1571  government, such payment must continue until the local or
 1572  special law is amended or repealed. The state covenants with
 1573  holders of bonds or other instruments of indebtedness issued by
 1574  local governments, special districts, or district school boards
 1575  before July 1, 2000, that it is not the intent of this
 1576  subparagraph to adversely affect the rights of those holders or
 1577  relieve local governments, special districts, or district school
 1578  boards of the duty to meet their obligations as a result of
 1579  previous pledges or assignments or trusts entered into which
 1580  obligated funds received from the distribution to county
 1581  governments under then-existing s. 550.135. This distribution
 1582  specifically is in lieu of funds distributed under s. 550.135
 1583  before July 1, 2000.
 1584         b. The department shall distribute $166,667 monthly to each
 1585  applicant certified as a facility for a new or retained
 1586  professional sports franchise pursuant to s. 288.1162. Up to
 1587  $41,667 shall be distributed monthly by the department to each
 1588  certified applicant as defined in s. 288.11621 for a facility
 1589  for a spring training franchise. However, not more than $416,670
 1590  may be distributed monthly in the aggregate to all certified
 1591  applicants for facilities for spring training franchises.
 1592  Distributions begin 60 days after such certification and
 1593  continue for not more than 30 years, except as otherwise
 1594  provided in s. 288.11621. A certified applicant identified in
 1595  this sub-subparagraph may not receive more in distributions than
 1596  expended by the applicant for the public purposes provided in s.
 1597  288.1162(5) or s. 288.11621(3).
 1598         c. Beginning 30 days after notice by the Department of
 1599  Economic Opportunity to the Department of Revenue that an
 1600  applicant has been certified as the professional golf hall of
 1601  fame pursuant to s. 288.1168 and is open to the public, $166,667
 1602  shall be distributed monthly, for up to 300 months, to the
 1603  applicant.
 1604         d. Beginning 30 days after notice by the Department of
 1605  Economic Opportunity to the Department of Revenue that the
 1606  applicant has been certified as the International Game Fish
 1607  Association World Center facility pursuant to s. 288.1169, and
 1608  the facility is open to the public, $83,333 shall be distributed
 1609  monthly, for up to 168 months, to the applicant. This
 1610  distribution is subject to reduction pursuant to s. 288.1169. A
 1611  lump sum payment of $999,996 shall be made after certification
 1612  and before July 1, 2000.
 1613         e. The department shall distribute up to $83,333 monthly to
 1614  each certified applicant as defined in s. 288.11631 for a
 1615  facility used by a single spring training franchise, or up to
 1616  $166,667 monthly to each certified applicant as defined in s.
 1617  288.11631 for a facility used by more than one spring training
 1618  franchise. Monthly distributions begin 60 days after such
 1619  certification or July 1, 2016, whichever is later, and continue
 1620  for not more than 20 years to each certified applicant as
 1621  defined in s. 288.11631 for a facility used by a single spring
 1622  training franchise or not more than 25 years to each certified
 1623  applicant as defined in s. 288.11631 for a facility used by more
 1624  than one spring training franchise. A certified applicant
 1625  identified in this sub-subparagraph may not receive more in
 1626  distributions than expended by the applicant for the public
 1627  purposes provided in s. 288.11631(3).
 1628         f. Beginning 45 days after notice by the Department of
 1629  Economic Opportunity to the Department of Revenue that an
 1630  applicant has been approved by the Legislature and certified by
 1631  the Department of Economic Opportunity under s. 288.11625 or
 1632  upon a date specified by the Department of Economic Opportunity
 1633  as provided under s. 288.11625(6)(d), the department shall
 1634  distribute each month an amount equal to one-twelfth of the
 1635  annual distribution amount certified by the Department of
 1636  Economic Opportunity for the applicant. The department may not
 1637  distribute more than $7 million in the 2014-2015 fiscal year or
 1638  more than $13 million annually thereafter under this sub
 1639  subparagraph.
 1640         g. Beginning December 1, 2015, and ending June 30, 2016,
 1641  the department shall distribute $26,286 monthly to the State
 1642  Transportation Trust Fund. Beginning July 1, 2016, The
 1643  department shall distribute $15,333 monthly to the State
 1644  Transportation Trust Fund.
 1645         7. All other proceeds must remain in the General Revenue
 1646  Fund.
 1647         Revisers note.—Amended to delete obsolete language.
 1648         Section 40. Paragraph (v) of subsection (8) of section
 1649  213.053, Florida Statutes, is amended to read:
 1650         213.053 Confidentiality and information sharing.—
 1651         (8) Notwithstanding any other provision of this section,
 1652  the department may provide:
 1653         (v) Information relative to s. ss. 220.192 and 220.193 to
 1654  the Department of Agriculture and Consumer Services for use in
 1655  the conduct of its official business.
 1656  
 1657  Disclosure of information under this subsection shall be
 1658  pursuant to a written agreement between the executive director
 1659  and the agency. Such agencies, governmental or nongovernmental,
 1660  shall be bound by the same requirements of confidentiality as
 1661  the Department of Revenue. Breach of confidentiality is a
 1662  misdemeanor of the first degree, punishable as provided by s.
 1663  775.082 or s. 775.083.
 1664         Revisers note.—Amended to conform to the repeal of s. 220.192
 1665         by s. 3, ch. 2019-4, Laws of Florida.
 1666         Section 41. Subsection (8) of section 220.02, Florida
 1667  Statutes, is amended to read:
 1668         220.02 Legislative intent.—
 1669         (8) It is the intent of the Legislature that credits
 1670  against either the corporate income tax or the franchise tax be
 1671  applied in the following order: those enumerated in s. 631.828,
 1672  those enumerated in s. 220.191, those enumerated in s. 220.181,
 1673  those enumerated in s. 220.183, those enumerated in s. 220.182,
 1674  those enumerated in s. 220.1895, those enumerated in s. 220.195,
 1675  those enumerated in s. 220.184, those enumerated in s. 220.186,
 1676  those enumerated in s. 220.1845, those enumerated in s. 220.19,
 1677  those enumerated in s. 220.185, those enumerated in s. 220.1875,
 1678  those enumerated in s. 220.192, those enumerated in s. 220.193,
 1679  those enumerated in s. 288.9916, those enumerated in s.
 1680  220.1899, those enumerated in s. 220.194, and those enumerated
 1681  in s. 220.196.
 1682         Revisers note.—Amended to conform to the repeal of s. 220.192
 1683         by s. 3, ch. 2019-4, Laws of Florida.
 1684         Section 42. Paragraph (a) of subsection (1) of section
 1685  220.13, Florida Statutes, is amended to read:
 1686         220.13 “Adjusted federal income” defined.—
 1687         (1) The term “adjusted federal income” means an amount
 1688  equal to the taxpayers taxable income as defined in subsection
 1689  (2), or such taxable income of more than one taxpayer as
 1690  provided in s. 220.131, for the taxable year, adjusted as
 1691  follows:
 1692         (a) Additions.—There shall be added to such taxable income:
 1693         1.a. The amount of any tax upon or measured by income,
 1694  excluding taxes based on gross receipts or revenues, paid or
 1695  accrued as a liability to the District of Columbia or any state
 1696  of the United States which is deductible from gross income in
 1697  the computation of taxable income for the taxable year.
 1698         b. Notwithstanding sub-subparagraph a., if a credit taken
 1699  under s. 220.1875 is added to taxable income in a previous
 1700  taxable year under subparagraph 11. and is taken as a deduction
 1701  for federal tax purposes in the current taxable year, the amount
 1702  of the deduction allowed shall not be added to taxable income in
 1703  the current year. The exception in this sub-subparagraph is
 1704  intended to ensure that the credit under s. 220.1875 is added in
 1705  the applicable taxable year and does not result in a duplicate
 1706  addition in a subsequent year.
 1707         2. The amount of interest which is excluded from taxable
 1708  income under s. 103(a) of the Internal Revenue Code or any other
 1709  federal law, less the associated expenses disallowed in the
 1710  computation of taxable income under s. 265 of the Internal
 1711  Revenue Code or any other law, excluding 60 percent of any
 1712  amounts included in alternative minimum taxable income, as
 1713  defined in s. 55(b)(2) of the Internal Revenue Code, if the
 1714  taxpayer pays tax under s. 220.11(3).
 1715         3. In the case of a regulated investment company or real
 1716  estate investment trust, an amount equal to the excess of the
 1717  net long-term capital gain for the taxable year over the amount
 1718  of the capital gain dividends attributable to the taxable year.
 1719         4. That portion of the wages or salaries paid or incurred
 1720  for the taxable year which is equal to the amount of the credit
 1721  allowable for the taxable year under s. 220.181. This
 1722  subparagraph shall expire on the date specified in s. 290.016
 1723  for the expiration of the Florida Enterprise Zone Act.
 1724         5. That portion of the ad valorem school taxes paid or
 1725  incurred for the taxable year which is equal to the amount of
 1726  the credit allowable for the taxable year under s. 220.182. This
 1727  subparagraph shall expire on the date specified in s. 290.016
 1728  for the expiration of the Florida Enterprise Zone Act.
 1729         6. The amount taken as a credit under s. 220.195 which is
 1730  deductible from gross income in the computation of taxable
 1731  income for the taxable year.
 1732         7. That portion of assessments to fund a guaranty
 1733  association incurred for the taxable year which is equal to the
 1734  amount of the credit allowable for the taxable year.
 1735         8. In the case of a nonprofit corporation which holds a
 1736  pari-mutuel permit and which is exempt from federal income tax
 1737  as a farmers cooperative, an amount equal to the excess of the
 1738  gross income attributable to the pari-mutuel operations over the
 1739  attributable expenses for the taxable year.
 1740         9. The amount taken as a credit for the taxable year under
 1741  s. 220.1895.
 1742         10. Up to nine percent of the eligible basis of any
 1743  designated project which is equal to the credit allowable for
 1744  the taxable year under s. 220.185.
 1745         11. The amount taken as a credit for the taxable year under
 1746  s. 220.1875. The addition in this subparagraph is intended to
 1747  ensure that the same amount is not allowed for the tax purposes
 1748  of this state as both a deduction from income and a credit
 1749  against the tax. This addition is not intended to result in
 1750  adding the same expense back to income more than once.
 1751         12. The amount taken as a credit for the taxable year under
 1752  s. 220.192.
 1753         12.13. The amount taken as a credit for the taxable year
 1754  under s. 220.193.
 1755         13.14. Any portion of a qualified investment, as defined in
 1756  s. 288.9913, which is claimed as a deduction by the taxpayer and
 1757  taken as a credit against income tax pursuant to s. 288.9916.
 1758         14.15. The costs to acquire a tax credit pursuant to s.
 1759  288.1254(5) that are deducted from or otherwise reduce federal
 1760  taxable income for the taxable year.
 1761         15.16. The amount taken as a credit for the taxable year
 1762  pursuant to s. 220.194.
 1763         16.17. The amount taken as a credit for the taxable year
 1764  under s. 220.196. The addition in this subparagraph is intended
 1765  to ensure that the same amount is not allowed for the tax
 1766  purposes of this state as both a deduction from income and a
 1767  credit against the tax. The addition is not intended to result
 1768  in adding the same expense back to income more than once.
 1769         Revisers note.—Amended to conform to the repeal of s. 220.192
 1770         by s. 3, ch. 2019-4, Laws of Florida.
 1771         Section 43. Paragraph (i) of subsection (3) of section
 1772  220.193, Florida Statutes, is amended to read:
 1773         220.193 Florida renewable energy production credit.—
 1774         (3) An annual credit against the tax imposed by this
 1775  section shall be allowed to a taxpayer, based on the taxpayers
 1776  production and sale of electricity from a new or expanded
 1777  Florida renewable energy facility. For a new facility, the
 1778  credit shall be based on the taxpayers sale of the facilitys
 1779  entire electrical production. For an expanded facility, the
 1780  credit shall be based on the increases in the facilitys
 1781  electrical production that are achieved after May 1, 2012.
 1782         (i) A taxpayer claiming credit under this section may not
 1783  claim a credit under s. 220.192. A taxpayer claiming credit
 1784  under s. 220.192 may not claim a credit under this section.
 1785         Revisers note.—Amended to conform to the repeal of s. 220.192,
 1786         by s. 3, ch. 2019-4, Laws of Florida.
 1787         Section 44. Paragraph (c) of subsection (3) of section
 1788  252.365, Florida Statutes, is amended to read:
 1789         252.365 Emergency coordination officers; disaster
 1790  preparedness plans.—
 1791         (3) These individuals shall be responsible for ensuring
 1792  that each state agency and facility, such as a prison, office
 1793  building, or university, has a disaster preparedness plan that
 1794  is coordinated with the applicable local emergency-management
 1795  agency and approved by the division.
 1796         (c) The division shall develop and distribute guidelines
 1797  for developing and implementing the plan. Each agency is
 1798  encouraged to initiate and complete development of its plan
 1799  immediately, but no later than July 1, 2003.
 1800         Revisers note.—Amended to delete obsolete language.
 1801         Section 45. Paragraph (b) of subsection (3) of section
 1802  259.037, Florida Statutes, is amended to read:
 1803         259.037 Land Management Uniform Accounting Council.—
 1804         (3)
 1805         (b) Each reporting agency shall also:
 1806         1. Include a report of the available public use
 1807  opportunities for each management unit of state land, the total
 1808  management cost for public access and public use, and the cost
 1809  associated with each use option.
 1810         2. List the acres of land requiring minimal management
 1811  effort, moderate management effort, and significant management
 1812  effort pursuant to s. 259.032(9)(c). For each category created
 1813  in paragraph (a), the reporting agency shall include the amount
 1814  of funds requested, the amount of funds received, and the amount
 1815  of funds expended for land management.
 1816         3. List acres managed and cost of management for each park,
 1817  preserve, forest, reserve, or management area.
 1818         4. List acres managed, cost of management, and lead manager
 1819  for each state lands management unit for which secondary
 1820  management activities were provided.
 1821         5. Include a report of the estimated calculable financial
 1822  benefits to the public for the ecosystem services provided by
 1823  conservation lands, based on the best readily available
 1824  information or science that provides a standard measurement
 1825  methodology to be consistently applied by the land managing
 1826  agencies. Such information may include, but need not be limited
 1827  to, the value of natural lands for protecting the quality and
 1828  quantity of drinking water through natural water filtration and
 1829  recharge, contributions to protecting and improving air quality,
 1830  benefits to agriculture through increased soil productivity and
 1831  preservation of biodiversity, and savings to property and lives
 1832  through flood control.
 1833         Revisers note.—Amended to delete a reference to s.
 1834         259.032(9)(c), which was repealed as s. 259.032(11)(c) by
 1835         s. 36, ch. 2013-15, Laws of Florida; the reference to s.
 1836         259.032(11)(c) was revised to s. 259.032(9)(c) by s. 23,
 1837         ch. 2015-229, Laws of Florida, but the subject referenced,
 1838         minimal, moderate, and significant management effort, is
 1839         found nowhere else in the statutes and was the subject of
 1840         s. 259.032(11)(c) repealed in 2013.
 1841         Section 46. Subsection (2) of section 265.707, Florida
 1842  Statutes, is amended to read:
 1843         265.707 Museum of Florida History and programs; other
 1844  historical museums.—
 1845         (2) The division shall establish and administer a museum
 1846  store in the Museum of Florida History to provide information
 1847  and materials relating to museum exhibits, collections, and
 1848  programs to the public and may operate additional stores
 1849  associated with the museum. The store may produce, acquire, and
 1850  sell craft products, replicas and reproductions of artifacts,
 1851  documents, and other merchandise relating to historical and
 1852  cultural resources and may make a reasonable charge for such
 1853  merchandise. All proceeds received from sales must be deposited
 1854  into the Grants and Donations Trust Fund, or, funds in excess of
 1855  the amount required to pay employees involved in the direct
 1856  management of the museum store, may be deposited into a bank
 1857  account of the citizen support organization created pursuant to
 1858  s. 265.703 and may be used only to support the programs of the
 1859  Museum of Florida History. The museum store may enter into
 1860  agreements and accept credit-card payments as compensation for
 1861  goods and products sold. The division may establish accounts in
 1862  credit-card banks for the deposit of credit-card sales invoices
 1863  and to pay discounts and service charges in connection with the
 1864  use of credit cards.
 1865         Revisers note.—Amended to improve clarity.
 1866         Section 47. Section 282.201, Florida Statutes, is reenacted
 1867  to read:
 1868         282.201 State data center.—The state data center is
 1869  established within the department. The provision of data center
 1870  services must comply with applicable state and federal laws,
 1871  regulations, and policies, including all applicable security,
 1872  privacy, and auditing requirements. The department shall appoint
 1873  a director of the state data center, preferably an individual
 1874  who has experience in leading data center facilities and has
 1875  expertise in cloud-computing management.
 1876         (1) STATE DATA CENTER DUTIES.—The state data center shall:
 1877         (a) Offer, develop, and support the services and
 1878  applications defined in service-level agreements executed with
 1879  its customer entities.
 1880         (b) Maintain performance of the state data center by
 1881  ensuring proper data backup, data backup recovery, disaster
 1882  recovery, and appropriate security, power, cooling, fire
 1883  suppression, and capacity.
 1884         (c) Develop and implement business continuity and disaster
 1885  recovery plans, and annually conduct a live exercise of each
 1886  plan.
 1887         (d) Enter into a service-level agreement with each customer
 1888  entity to provide the required type and level of service or
 1889  services. If a customer entity fails to execute an agreement
 1890  within 60 days after commencement of a service, the state data
 1891  center may cease service. A service-level agreement may not have
 1892  a term exceeding 3 years and at a minimum must:
 1893         1. Identify the parties and their roles, duties, and
 1894  responsibilities under the agreement.
 1895         2. State the duration of the contract term and specify the
 1896  conditions for renewal.
 1897         3. Identify the scope of work.
 1898         4. Identify the products or services to be delivered with
 1899  sufficient specificity to permit an external financial or
 1900  performance audit.
 1901         5. Establish the services to be provided, the business
 1902  standards that must be met for each service, the cost of each
 1903  service by agency application, and the metrics and processes by
 1904  which the business standards for each service are to be
 1905  objectively measured and reported.
 1906         6. Provide a timely billing methodology to recover the
 1907  costs of services provided to the customer entity pursuant to s.
 1908  215.422.
 1909         7. Provide a procedure for modifying the service-level
 1910  agreement based on changes in the type, level, and cost of a
 1911  service.
 1912         8. Include a right-to-audit clause to ensure that the
 1913  parties to the agreement have access to records for audit
 1914  purposes during the term of the service-level agreement.
 1915         9. Provide that a service-level agreement may be terminated
 1916  by either party for cause only after giving the other party and
 1917  the department notice in writing of the cause for termination
 1918  and an opportunity for the other party to resolve the identified
 1919  cause within a reasonable period.
 1920         10. Provide for mediation of disputes by the Division of
 1921  Administrative Hearings pursuant to s. 120.573.
 1922         (e) For purposes of chapter 273, be the custodian of
 1923  resources and equipment located in and operated, supported, and
 1924  managed by the state data center.
 1925         (f) Assume administrative access rights to resources and
 1926  equipment, including servers, network components, and other
 1927  devices, consolidated into the state data center.
 1928         1. Upon consolidation, a state agency shall relinquish
 1929  administrative rights to consolidated resources and equipment.
 1930  State agencies required to comply with federal and state
 1931  criminal justice information security rules and policies shall
 1932  retain administrative access rights sufficient to comply with
 1933  the management control provisions of those rules and policies;
 1934  however, the state data center shall have the appropriate type
 1935  or level of rights to allow the center to comply with its duties
 1936  pursuant to this section. The Department of Law Enforcement
 1937  shall serve as the arbiter of disputes pertaining to the
 1938  appropriate type and level of administrative access rights
 1939  pertaining to the provision of management control in accordance
 1940  with the federal criminal justice information guidelines.
 1941         2. The state data center shall provide customer entities
 1942  with access to applications, servers, network components, and
 1943  other devices necessary for entities to perform business
 1944  activities and functions, and as defined and documented in a
 1945  service-level agreement.
 1946         (g) In its procurement process, show preference for cloud
 1947  computing solutions that minimize or do not require the
 1948  purchasing, financing, or leasing of state data center
 1949  infrastructure, and that meet the needs of customer agencies,
 1950  that reduce costs, and that meet or exceed the applicable state
 1951  and federal laws, regulations, and standards for information
 1952  technology security.
 1953         (h) Assist customer entities in transitioning from state
 1954  data center services to third-party cloud-computing services
 1955  procured by a customer entity.
 1956         (2) USE OF THE STATE DATA CENTER.—The following are exempt
 1957  from the use of the state data center: the Department of Law
 1958  Enforcement, the Department of the Lotterys Gaming System,
 1959  Systems Design and Development in the Office of Policy and
 1960  Budget, the regional traffic management centers as described in
 1961  s. 335.14(2) and the Office of Toll Operations of the Department
 1962  of Transportation, the State Board of Administration, state
 1963  attorneys, public defenders, criminal conflict and civil
 1964  regional counsel, capital collateral regional counsel, and the
 1965  Florida Housing Finance Corporation.
 1966         (3) AGENCY LIMITATIONS.—Unless exempt from the use of the
 1967  state data center pursuant to this section or authorized by the
 1968  Legislature, a state agency may not:
 1969         (a) Create a new agency computing facility or data center,
 1970  or expand the capability to support additional computer
 1971  equipment in an existing agency computing facility or data
 1972  center; or
 1973         (b) Terminate services with the state data center without
 1974  giving written notice of intent to terminate services 180 days
 1975  before such termination.
 1976         Revisers note.—Reenacted to confirm the inclusion of the words
 1977         “data center” in the second sentence of the introductory
 1978         paragraph of the section. They were added by s. 60, ch.
 1979         2018-10, Laws of Florida; s. 61, ch. 2018-10, repealed the
 1980         amendments by s. 60 of that act effective July 1, 2019, and
 1981         the text of the section reverted to the version in
 1982         existence on June 30, 2018. That version did not contain
 1983         the words “data center,” but they are published in s. 10,
 1984         ch. 2019-118, Laws of Florida, without coding.
 1985         Section 48. Paragraph (j) of subsection (4) of section
 1986  282.318, Florida Statutes, is amended to read:
 1987         282.318 Security of data and information technology.—
 1988         (4) Each state agency head shall, at a minimum:
 1989         (j) Develop a process for detecting, reporting, and
 1990  responding to threats, breaches, or information technology
 1991  security incidents which is consistent with the security rules,
 1992  guidelines, and processes established by the Department of
 1993  Management Services Agency for State Technology.
 1994         1. All information technology security incidents and
 1995  breaches must be reported to the Division of State Technology
 1996  within the department and the Cybercrime Office of the
 1997  Department of Law Enforcement and must comply with the
 1998  notification procedures and reporting timeframes established
 1999  pursuant to paragraph (3)(c).
 2000         2. For information technology security breaches, state
 2001  agencies shall provide notice in accordance with s. 501.171.
 2002         3. Records held by a state agency which identify detection,
 2003  investigation, or response practices for suspected or confirmed
 2004  information technology security incidents, including suspected
 2005  or confirmed breaches, are confidential and exempt from s.
 2006  119.07(1) and s. 24(a), Art. I of the State Constitution, if the
 2007  disclosure of such records would facilitate unauthorized access
 2008  to or the unauthorized modification, disclosure, or destruction
 2009  of:
 2010         a. Data or information, whether physical or virtual; or
 2011         b. Information technology resources, which includes:
 2012         (I) Information relating to the security of the agencys
 2013  technologies, processes, and practices designed to protect
 2014  networks, computers, data processing software, and data from
 2015  attack, damage, or unauthorized access; or
 2016         (II) Security information, whether physical or virtual,
 2017  which relates to the agencys existing or proposed information
 2018  technology systems.
 2019  
 2020  Such records shall be available to the Auditor General, the
 2021  Division of State Technology within the department, the
 2022  Cybercrime Office of the Department of Law Enforcement, and, for
 2023  state agencies under the jurisdiction of the Governor, the Chief
 2024  Inspector General. Such records may be made available to a local
 2025  government, another state agency, or a federal agency for
 2026  information technology security purposes or in furtherance of
 2027  the state agencys official duties. This exemption applies to
 2028  such records held by a state agency before, on, or after the
 2029  effective date of this exemption. This subparagraph is subject
 2030  to the Open Government Sunset Review Act in accordance with s.
 2031  119.15 and shall stand repealed on October 2, 2021, unless
 2032  reviewed and saved from repeal through reenactment by the
 2033  Legislature.
 2034         Revisers note—Amended to conform to the repeal of s. 20.61,
 2035         which created the Agency for State Technology, by s. 5, ch.
 2036         2019-118, Laws of Florida, and the transfer of the agencys
 2037         duties to the Department of Management Services by ss. 1
 2038         and 3, ch. 2019-118.
 2039         Section 49. Paragraph (h) of subsection (2) of section
 2040  287.055, Florida Statutes, is amended to read:
 2041         287.055 Acquisition of professional architectural,
 2042  engineering, landscape architectural, or surveying and mapping
 2043  services; definitions; procedures; contingent fees prohibited;
 2044  penalties.—
 2045         (2) DEFINITIONS.—For purposes of this section:
 2046         (h) A “design-build firm” means a partnership, corporation,
 2047  or other legal entity that:
 2048         1. Is certified under s. 489.119 to engage in contracting
 2049  through a certified or registered general contractor or a
 2050  certified or registered building contractor as the qualifying
 2051  agent; or
 2052         2. Is qualified certified under s. 471.023 to practice or
 2053  to offer to practice engineering; certified under s. 481.219 to
 2054  practice or to offer to practice architecture; or certified
 2055  under s. 481.319 to practice or to offer to practice landscape
 2056  architecture.
 2057         Revisers note.—Amended to conform to the substitution of
 2058         qualification of engineers for certification of engineers
 2059         by s. 9, ch. 2019-86, Laws of Florida.
 2060         Section 50. Paragraph (n) of subsection (4) of section
 2061  287.09451, Florida Statutes, is amended to read:
 2062         287.09451 Office of Supplier Diversity; powers, duties, and
 2063  functions.—
 2064         (4) The Office of Supplier Diversity shall have the
 2065  following powers, duties, and functions:
 2066         (n)1. To develop procedures to be used by an agency in
 2067  identifying commodities, contractual services, architectural and
 2068  engineering services, and construction contracts, except those
 2069  architectural, engineering, construction, or other related
 2070  services or contracts subject to the provisions of chapter 339,
 2071  that could be provided by minority business enterprises. Each
 2072  agency is encouraged to spend 21 percent of the moneys actually
 2073  expended for construction contracts, 25 percent of the moneys
 2074  actually expended for architectural and engineering contracts,
 2075  24 percent of the moneys actually expended for commodities, and
 2076  50.5 percent of the moneys actually expended for contractual
 2077  services during the previous fiscal year, except for the state
 2078  university construction program which shall be based upon public
 2079  education capital outlay projections for the subsequent fiscal
 2080  year, and reported to the Legislature pursuant to s. 216.023,
 2081  for the purpose of entering into contracts with certified
 2082  minority business enterprises as defined in s. 288.703, or
 2083  approved joint ventures. However, in the event of budget
 2084  reductions pursuant to s. 216.221, the base amounts may be
 2085  adjusted to reflect such reductions. The overall spending goal
 2086  for each industry category shall be subdivided as follows:
 2087         a. For construction contracts: 4 percent for black
 2088  Americans, 6 percent for Hispanic-Americans, and 11 percent for
 2089  American women.
 2090         b. For architectural and engineering contracts: 9 percent
 2091  for Hispanic-Americans, 1 percent for Asian-Americans, and 15
 2092  percent for American women.
 2093         c. For commodities: 2 percent for black Americans, 4
 2094  percent for Hispanic-Americans, 0.5 percent for Asian-Americans,
 2095  0.5 percent for Native Americans, and 17 percent for American
 2096  women.
 2097         d. For contractual services: 6 percent for black Americans,
 2098  7 percent for Hispanic-Americans, 1 percent for Asian-Americans,
 2099  0.5 percent for Native Americans, and 36 percent for American
 2100  women.
 2101         2. For the purposes of commodities contracts for the
 2102  purchase of equipment to be used in the construction and
 2103  maintenance of state transportation facilities involving the
 2104  Department of Transportation, the terms “minority business
 2105  enterprise” and “minority person” have the same meanings as
 2106  provided in s. 288.703. In order to ensure that the goals
 2107  established under this paragraph for contracting with certified
 2108  minority business enterprises are met, the department, with the
 2109  assistance of the Office of Supplier Diversity, shall make
 2110  recommendations to the Legislature on revisions to the goals,
 2111  based on an updated statistical analysis, at least once every 5
 2112  years. Such recommendations shall be based on statistical data
 2113  indicating the availability of and disparity in the use of
 2114  minority businesses contracting with the state. The results of
 2115  the first updated disparity study must be presented to the
 2116  Legislature no later than December 1, 1996.
 2117         3. In determining the base amounts for assessing compliance
 2118  with this paragraph, the Office of Supplier Diversity may
 2119  develop, by rule, guidelines for all agencies to use in
 2120  establishing such base amounts. These rules must include, but
 2121  are not limited to, guidelines for calculation of base amounts,
 2122  a deadline for the agencies to submit base amounts, a deadline
 2123  for approval of the base amounts by the Office of Supplier
 2124  Diversity, and procedures for adjusting the base amounts as a
 2125  result of budget reductions made pursuant to s. 216.221.
 2126         4. To determine guidelines for the use of price
 2127  preferences, weighted preference formulas, or other preferences,
 2128  as appropriate to the particular industry or trade, to increase
 2129  the participation of minority businesses in state contracting.
 2130  These guidelines shall include consideration of:
 2131         a. Size and complexity of the project.
 2132         b. The concentration of transactions with minority business
 2133  enterprises for the commodity or contractual services in
 2134  question in prior agency contracting.
 2135         c. The specificity and definition of work allocated to
 2136  participating minority business enterprises.
 2137         d. The capacity of participating minority business
 2138  enterprises to complete the tasks identified in the project.
 2139         e. The available pool of minority business enterprises as
 2140  prime contractors, either alone or as partners in an approved
 2141  joint venture that serves as the prime contractor.
 2142         5. To determine guidelines for use of joint ventures to
 2143  meet minority business enterprises spending goals. For purposes
 2144  of this section, “joint venture” means any association of two or
 2145  more business concerns to carry out a single business enterprise
 2146  for profit, for which purpose they combine their property,
 2147  capital, efforts, skills, and knowledge. The guidelines shall
 2148  allow transactions with joint ventures to be eligible for credit
 2149  against the minority business enterprise goals of an agency when
 2150  the contracting joint venture demonstrates that at least one
 2151  partner to the joint venture is a certified minority business
 2152  enterprise as defined in s. 288.703, and that such partner is
 2153  responsible for a clearly defined portion of the work to be
 2154  performed, and shares in the ownership, control, management,
 2155  responsibilities, risks, and profits of the joint venture. Such
 2156  demonstration shall be by verifiable documents and sworn
 2157  statements and may be reviewed by the Office of Supplier
 2158  Diversity at or before the time a contract bid, proposal, or
 2159  reply is submitted. An agency may count toward its minority
 2160  business enterprise goals a portion of the total dollar amount
 2161  of a contract equal to the percentage of the ownership and
 2162  control held by the qualifying certified minority business
 2163  partners in the contracting joint venture, so long as the joint
 2164  venture meets the guidelines adopted by the office.
 2165         Revisers note.—Amended to delete obsolete language.
 2166         Section 51. Paragraph (c) of subsection (3) of section
 2167  287.134, Florida Statutes, is amended to read:
 2168         287.134 Discrimination; denial or revocation of the right
 2169  to transact business with public entities.—
 2170         (3)
 2171         (c) The department shall maintain a list of the names and
 2172  addresses of any entity which has been disqualified from the
 2173  public contracting and purchasing process under this section.
 2174  The department shall publish an initial list on January 1, 2001,
 2175  and shall publish an updated version of the list quarterly
 2176  thereafter. The revised quarterly lists shall be electronically
 2177  posted. Notwithstanding this paragraph, an entity or affiliate
 2178  disqualified from the public contracting and purchasing process
 2179  pursuant to this section shall be disqualified as of the date
 2180  the final order is entered.
 2181         Revisers note.—Amended to delete obsolete language.
 2182         Section 52. Paragraph (b) of subsection (4) of section
 2183  288.955, Florida Statutes, is amended to read:
 2184         288.955 Scripps Florida Funding Corporation.—
 2185         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
 2186  a board of directors.
 2187         (b) Each member of the board of directors shall serve for a
 2188  term of 4 years, except that initially the Governor, the
 2189  President of the Senate, and the Speaker of the House of
 2190  Representatives each shall appoint one member for a term of 1
 2191  year, one member for a term of 2 years, and one member for a
 2192  term of 4 years to achieve staggered terms among the members of
 2193  the board. A member is not eligible for reappointment to the
 2194  board, except, however, that a member appointed to an initial
 2195  term of 1 year or 2 years may be reappointed for an additional
 2196  term of 4 years, and a person appointed to fill a vacancy with 2
 2197  years or less remaining on the term may be reappointed for an
 2198  additional term of 4 years. The Governor, the President of the
 2199  Senate, and the Speaker of the House of Representatives shall
 2200  make their initial appointments to the board by November 15,
 2201  2003.
 2202         Revisers note.—Amended to delete obsolete language.
 2203         Section 53. Subsection (1) of section 295.016, Florida
 2204  Statutes, is amended to read:
 2205         295.016 Children of servicemembers who died or became
 2206  disabled in Operation Eagle Claw.—
 2207         (1) It is hereby declared to be a policy of the state to
 2208  provide educational opportunity at state expense for the
 2209  dependent children of any servicemember who died or suffered a
 2210  service-connected 100-percent total and permanent disability
 2211  rating for compensation as determined by the United States
 2212  Department of Veterans Affairs Veterans Administration, or who
 2213  has been determined to have a service-connected total and
 2214  permanent disability rating of 100 percent and is in receipt of
 2215  disability retirement pay from any branch of the United States
 2216  Armed Services, in the Iranian rescue mission known as Operation
 2217  Eagle Claw, which servicemember was residing in the state on
 2218  April 25, 1980. A certified copy of a death certificate, a valid
 2219  identification card issued by the Department of Veterans
 2220  Affairs in accordance with s. 295.17, a letter certifying the
 2221  service-connected 100-percent total and permanent disability
 2222  rating for compensation from the United States Department of
 2223  Veterans Affairs Veterans Administration, or a letter certifying
 2224  the service-connected total and permanent disability rating of
 2225  100 percent for retirement pay from any branch of the United
 2226  States Armed Services shall be prima facie evidence of the fact
 2227  that the dependent children of the servicemember are eligible
 2228  for such benefits.
 2229         Revisers note.—Amended to conform to the renaming of the
 2230         Veterans Administration as the United States Department of
 2231         Veterans Affairs by s. 1, Pub. L. No. 100-527 in 1988.
 2232         Section 54. Subsection (1) of section 295.017, Florida
 2233  Statutes, is amended to read:
 2234         295.017 Children of servicemembers who died or became
 2235  disabled in the Lebanon and Grenada military arenas; educational
 2236  opportunity.—
 2237         (1) It is hereby declared to be the policy of the state to
 2238  provide educational opportunity at state expense for the
 2239  dependent children of any servicemember who died or suffered a
 2240  service-connected 100-percent total and permanent disability
 2241  rating for compensation as determined by the United States
 2242  Department of Veterans Affairs Veterans Administration, or who
 2243  has been determined to have a service-connected total and
 2244  permanent disability rating of 100 percent and is in receipt of
 2245  disability retirement pay from any branch of the United States
 2246  Armed Services, while participating in a Multinational Peace
 2247  Keeping Force in Lebanon during the period from September 17,
 2248  1982, through February 3, 1984, inclusive, or as a participant
 2249  in Operation Urgent Fury in Grenada during the period from
 2250  October 23, 1983, through November 2, 1983, inclusive, which
 2251  servicemember was residing in the state during those periods of
 2252  military action. A certified copy of a death certificate, a
 2253  valid identification card issued in accordance with the
 2254  provisions of s. 295.17, a letter certifying the service
 2255  connected 100-percent total and permanent disability rating for
 2256  compensation from the United States Department of Veterans
 2257  Affairs Veterans Administration, or a letter certifying the
 2258  service-connected total and permanent disability rating of 100
 2259  percent for retirement pay from any branch of the United States
 2260  Armed Services shall be prima facie evidence of the fact that
 2261  the dependent children of the servicemember are eligible for
 2262  such benefits.
 2263         Revisers note.—Amended to conform to the renaming of the
 2264         Veterans Administration as the United States Department of
 2265         Veterans Affairs by s. 1, Pub. L. No. 100-527 in 1988.
 2266         Section 55. Section 295.13, Florida Statutes, is amended to
 2267  read:
 2268         295.13 Disability of minority of veterans and spouse
 2269  removed, benefits under Servicemens Readjustment Act.—The
 2270  disability of minority of any person otherwise eligible for a
 2271  loan, or guaranty or insurance of a loan, pursuant to chapter 37
 2272  of Title 38 U.S.C., “Home, Farm and Business Loans,” and the
 2273  disability of the minor spouse of any eligible veteran, in
 2274  connection with any transaction entered into pursuant to that
 2275  Act of the Congress, as heretofore or hereafter amended, shall
 2276  not affect the binding effect of any obligation incurred by such
 2277  eligible person or spouse as an incident to any such
 2278  transaction, including incurring of indebtedness and acquiring,
 2279  encumbering, selling, releasing, or conveying property, or any
 2280  interest therein, if all or part of any such obligation is
 2281  guaranteed or insured by the United States Government or the
 2282  United States Department of Veterans Affairs Veterans
 2283  Administration pursuant to such act and amendments thereto; or
 2284  if the United States Department of Veterans Affairs Veterans
 2285  Administration is the creditor, by reason of a loan or a sale
 2286  pursuant to such act and amendments. This section does not
 2287  create, or render enforceable, any other or greater rights or
 2288  liabilities than would exist if neither such person nor such
 2289  spouse were a minor.
 2290         Revisers note.—Amended to conform to the renaming of the
 2291         Veterans Administration as the United States Department of
 2292         Veterans Affairs by s. 1, Pub. L. No. 100-527 in 1988.
 2293         Section 56. Subsections (1) and (2) of section 298.225,
 2294  Florida Statutes, are amended to read:
 2295         298.225 Water control plan; plan development and
 2296  amendment.—
 2297         (1) Effective October 1, 1998, Any plan of reclamation,
 2298  water management plan, or plan of improvement developed and
 2299  implemented by a water control district created by this chapter
 2300  or by special act of the Legislature is considered a “water
 2301  control plan” for purposes of this chapter.
 2302         (2) By October 1, 2000, The board of supervisors of each
 2303  water control district must develop or revise the districts
 2304  water control plan to reflect the minimum applicable
 2305  requirements set forth in subsection (3).
 2306         Revisers note.—Amended to delete obsolete language.
 2307         Section 57. Section 316.0896, Florida Statutes, is
 2308  repealed.
 2309         Revisers note.—The referenced section, which relates to the
 2310         assistive truck platooning technology pilot project, is
 2311         obsolete. The study has been completed.
 2312         Section 58. Paragraphs (a) and (b) of subsection (2) of
 2313  section 316.193, Florida Statutes, are amended to read:
 2314         316.193 Driving under the influence; penalties.—
 2315         (2)(a) Except as provided in paragraph (b), subsection (3),
 2316  or subsection (4), any person who is convicted of a violation of
 2317  subsection (1) shall be punished:
 2318         1. By a fine of:
 2319         a. Not less than $500 or more than $1,000 for a first
 2320  conviction.
 2321         b. Not less than $1,000 or more than $2,000 for a second
 2322  conviction; and
 2323         2. By imprisonment for:
 2324         a. Not more than 6 months for a first conviction.
 2325         b. Not more than 9 months for a second conviction.
 2326         3. For a second conviction, by mandatory placement for a
 2327  period of at least 1 year, at the convicted persons sole
 2328  expense, of an ignition interlock device approved by the
 2329  department in accordance with s. 316.1938 upon all vehicles that
 2330  are individually or jointly leased or owned and routinely
 2331  operated by the convicted person, when the convicted person
 2332  qualifies for a permanent or restricted license. The
 2333  installation of such device may not occur before July 1, 2003.
 2334  
 2335  The portion of a fine imposed in excess of $500 pursuant to sub
 2336  subparagraph 1.a. and the portion of a fine imposed in excess of
 2337  $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
 2338  the clerk to the Department of Revenue for deposit into the
 2339  General Revenue Fund.
 2340         (b)1. Any person who is convicted of a third violation of
 2341  this section for an offense that occurs within 10 years after a
 2342  prior conviction for a violation of this section commits a
 2343  felony of the third degree, punishable as provided in s.
 2344  775.082, s. 775.083, or s. 775.084. In addition, the court shall
 2345  order the mandatory placement for a period of not less than 2
 2346  years, at the convicted persons sole expense, of an ignition
 2347  interlock device approved by the department in accordance with
 2348  s. 316.1938 upon all vehicles that are individually or jointly
 2349  leased or owned and routinely operated by the convicted person,
 2350  when the convicted person qualifies for a permanent or
 2351  restricted license. The installation of such device may not
 2352  occur before July 1, 2003.
 2353         2. Any person who is convicted of a third violation of this
 2354  section for an offense that occurs more than 10 years after the
 2355  date of a prior conviction for a violation of this section shall
 2356  be punished by a fine of not less than $2,000 or more than
 2357  $5,000 and by imprisonment for not more than 12 months. The
 2358  portion of a fine imposed in excess of $2,500 pursuant to this
 2359  subparagraph shall be remitted by the clerk to the Department of
 2360  Revenue for deposit into the General Revenue Fund. In addition,
 2361  the court shall order the mandatory placement for a period of at
 2362  least 2 years, at the convicted persons sole expense, of an
 2363  ignition interlock device approved by the department in
 2364  accordance with s. 316.1938 upon all vehicles that are
 2365  individually or jointly leased or owned and routinely operated
 2366  by the convicted person, when the convicted person qualifies for
 2367  a permanent or restricted license. The installation of such
 2368  device may not occur before July 1, 2003.
 2369         3. Any person who is convicted of a fourth or subsequent
 2370  violation of this section, regardless of when any prior
 2371  conviction for a violation of this section occurred, commits a
 2372  felony of the third degree, punishable as provided in s.
 2373  775.082, s. 775.083, or s. 775.084. However, the fine imposed
 2374  for such fourth or subsequent violation may be not less than
 2375  $2,000. The portion of a fine imposed in excess of $1,000
 2376  pursuant to this subparagraph shall be remitted by the clerk to
 2377  the Department of Revenue for deposit into the General Revenue
 2378  Fund.
 2379         Revisers note.—Amended to delete obsolete language.
 2380         Section 59. Paragraph (a) of subsection (3) of section
 2381  316.306, Florida Statutes, is amended to read:
 2382         316.306 School and work zones; prohibition on the use of a
 2383  wireless communications device in a handheld manner.—
 2384         (3)(a)1. A person may not operate a motor vehicle while
 2385  using a wireless communications device in a handheld manner in a
 2386  designated school crossing, school zone, or work zone area as
 2387  defined in s. 316.003(104) 316.003(101). This subparagraph shall
 2388  only be applicable to work zone areas if construction personnel
 2389  are present or are operating equipment on the road or
 2390  immediately adjacent to the work zone area. For the purposes of
 2391  this paragraph, a motor vehicle that is stationary is not being
 2392  operated and is not subject to the prohibition in this
 2393  paragraph.
 2394         2.a. During the period from October 1, 2019, through
 2395  December 31, 2019, a law enforcement officer may stop motor
 2396  vehicles to issue verbal or written warnings to persons who are
 2397  in violation of subparagraph 1. for the purposes of informing
 2398  and educating such persons of this section. This sub
 2399  subparagraph shall stand repealed on October 1, 2020.
 2400         b. Effective January 1, 2020, a law enforcement officer may
 2401  stop motor vehicles and issue citations to persons who are
 2402  driving while using a wireless communications device in a
 2403  handheld manner in violation of subparagraph 1.
 2404         Revisers note.—Amended to confirm the editorial substitution of
 2405         a reference to s. 316.003(104) for a reference to s.
 2406         316.003(101) to conform to the addition of subsections
 2407         within s. 316.003 by s. 1, ch. 2019-101, Laws of Florida,
 2408         and s. 1, ch. 2019-109, Laws of Florida.
 2409         Section 60. Subsection (1) of section 316.5501, Florida
 2410  Statutes, is amended to read:
 2411         316.5501 Permitting program for combination truck tractor,
 2412  semitrailer, and trailer combination coupled as a single unit
 2413  subject to certain requirements.—
 2414         (1) By no later than January 1, 2020, the Department of
 2415  Transportation in conjunction with the Department of Highway
 2416  Safety and Motor Vehicles shall develop a permitting program
 2417  that, notwithstanding any other provision of law except
 2418  conflicting federal law and applicable provisions of s. 316.550,
 2419  prescribes the operation of any combination of truck tractor,
 2420  semitrailer, and trailer combination coupled together so as to
 2421  operate as a single unit in which the semitrailer and the
 2422  trailer unit may each be up to 48 feet in length, but not less
 2423  than 28 feet in length, if such truck tractor, semitrailer, and
 2424  trailer combination is:
 2425         (a) Being used for the primary purpose of transporting farm
 2426  products as defined in s. 823.14(3)(c) on a prescribed route
 2427  within the boundary of the Everglades Agricultural Area as
 2428  described in s. 373.4592(15);
 2429         (b) Traveling on a prescribed route that has been submitted
 2430  to and approved by the Department of Transportation for public
 2431  safety purposes having taken into account, at a minimum, the
 2432  point of origin, destination, traffic and pedestrian volume on
 2433  the route, turning radius at intersections along the route, and
 2434  potential for damage to roadways or bridges on the route;
 2435         (c) Operating only on state or local roadways within a
 2436  radius of 60 miles from where such truck tractor, semitrailer,
 2437  and trailer combination was loaded; however, travel is not
 2438  authorized on the Interstate Highway System; and
 2439         (d) Meeting the following weight limitations:
 2440         1. The maximum gross weight of the truck tractor and the
 2441  first trailer shall not exceed 88,000 pounds.
 2442         2. The maximum gross weight of the dolly and second trailer
 2443  shall not exceed 67,000 pounds.
 2444         3. The maximum overall gross weight of the truck tractor
 2445  semitrailer-trailer combination shall not exceed 155,000 pounds.
 2446         Revisers note.—Amended to improve clarity.
 2447         Section 61. Paragraph (a) of subsection (8) of section
 2448  318.18, Florida Statutes, is amended to read:
 2449         318.18 Amount of penalties.—The penalties required for a
 2450  noncriminal disposition pursuant to s. 318.14 or a criminal
 2451  offense listed in s. 318.17 are as follows:
 2452         (8)(a) Any person who fails to comply with the courts
 2453  requirements or who fails to pay the civil penalties specified
 2454  in this section within the 30-day period provided for in s.
 2455  318.14 must pay an additional civil penalty of $16, $6.50 of
 2456  which must be remitted to the Department of Revenue for deposit
 2457  in the General Revenue Fund, and $9.50 of which must be remitted
 2458  to the Department of Revenue for deposit in the Highway Safety
 2459  Operating Trust Fund. Of this additional civil penalty of $16,
 2460  $4 is not revenue for purposes of s. 28.36 and may not be used
 2461  in establishing the budget of the clerk of the court under that
 2462  section or s. 28.35. The department shall contract with the
 2463  Florida Association of Court Clerks, Inc., to design, establish,
 2464  operate, upgrade, and maintain an automated statewide Uniform
 2465  Traffic Citation Accounting System to be operated by the clerks
 2466  of the court which shall include, but not be limited to, the
 2467  accounting for traffic infractions by type, a record of the
 2468  disposition of the citations, and an accounting system for the
 2469  fines assessed and the subsequent fine amounts paid to the
 2470  clerks of the court. On or before December 1, 2001, The clerks
 2471  of the court must provide the information required by this
 2472  chapter to be transmitted to the department by electronic
 2473  transmission pursuant to the contract.
 2474         Revisers note.—Amended to delete obsolete language.
 2475         Section 62. Paragraph (c) of subsection (1) of section
 2476  319.14, Florida Statutes, is amended to read:
 2477         319.14 Sale of motor vehicles registered or used as
 2478  taxicabs, police vehicles, lease vehicles, rebuilt vehicles,
 2479  nonconforming vehicles, custom vehicles, or street rod vehicles;
 2480  conversion of low-speed vehicles.—
 2481         (1)
 2482         (c) As used in this section, the term:
 2483         1. “Police vehicle” means a motor vehicle owned or leased
 2484  by the state or a county or municipality and used in law
 2485  enforcement.
 2486         2.a. “Short-term-lease vehicle” means a motor vehicle
 2487  leased without a driver and under a written agreement to one or
 2488  more persons from time to time for a period of less than 12
 2489  months.
 2490         b. “Long-term-lease vehicle” means a motor vehicle leased
 2491  without a driver and under a written agreement to one person for
 2492  a period of 12 months or longer.
 2493         c. “Lease vehicle” includes both short-term-lease vehicles
 2494  and long-term-lease vehicles.
 2495         3. “Rebuilt vehicle” means a motor vehicle or mobile home
 2496  built from salvage or junk, as defined in s. 319.30(1).
 2497         4. “Assembled from parts” means a motor vehicle or mobile
 2498  home assembled from parts or combined from parts of motor
 2499  vehicles or mobile homes, new or used. “Assembled from parts”
 2500  does not mean a motor vehicle defined as a “rebuilt vehicle” in
 2501  subparagraph 3., which has been declared a total loss pursuant
 2502  to s. 319.30.
 2503         5. “Kit car” means a motor vehicle assembled with a kit
 2504  supplied by a manufacturer to rebuild a wrecked or outdated
 2505  motor vehicle with a new body kit.
 2506         6. “Glider kit” means a vehicle assembled with a kit
 2507  supplied by a manufacturer to rebuild a wrecked or outdated
 2508  truck or truck tractor.
 2509         7. “Replica” means a complete new motor vehicle
 2510  manufactured to look like an old vehicle.
 2511         8. “Flood vehicle” means a motor vehicle or mobile home
 2512  that has been declared to be a total loss pursuant to s.
 2513  319.30(3)(a) resulting from damage caused by water.
 2514         9. “Nonconforming vehicle” means a motor vehicle which has
 2515  been purchased by a manufacturer pursuant to a settlement,
 2516  determination, or decision under chapter 681.
 2517         10. “Settlement” means an agreement entered into between a
 2518  manufacturer and a consumer that occurs after a dispute is
 2519  submitted to a program, or to an informal dispute settlement
 2520  procedure established by a manufacturer, or is approved for
 2521  arbitration before the Florida New Motor Vehicle Arbitration
 2522  Board as defined in s. 681.102.
 2523         11. “Custom vehicle” means a motor vehicle that:
 2524         a. Is 25 years of age or older and of a model year after
 2525  1948 or was manufactured to resemble a vehicle that is 25 years
 2526  of age or older and of a model year after 1948; and
 2527         b. Has been altered from the manufacturers original design
 2528  or has a body constructed from nonoriginal materials.
 2529  
 2530  The model year and year of manufacture that the body of a custom
 2531  vehicle resembles is the model year and year of manufacture
 2532  listed on the certificate of title, regardless of when the
 2533  vehicle was actually manufactured.
 2534         12. “Street rod” means a motor vehicle that:
 2535         a. Is of a model year of 1948 or older or was manufactured
 2536  after 1948 to resemble a vehicle of a model year of 1948 or
 2537  older; and
 2538         b. Has been altered from the manufacturers original design
 2539  or has a body constructed from nonoriginal materials.
 2540  
 2541  The model year and year of manufacture that the body of a street
 2542  rod resembles is the model year and year of manufacture listed
 2543  on the certificate of title, regardless of when the vehicle was
 2544  actually manufactured.
 2545         Revisers note.—Amended to improve clarity and conform to the
 2546         full name of the board.
 2547         Section 63. Paragraph (c) of subsection (29) of section
 2548  320.08058, Florida Statutes, is amended to read:
 2549         320.08058 Specialty license plates.—
 2550         (29) CHOOSE LIFE LICENSE PLATES.—
 2551         (c) By October 1, 2011, the department and each county
 2552  shall transfer all of its Choose Life license plate funds to
 2553  Choose Life, Inc.
 2554         Revisers note.—Amended to delete an obsolete provision.
 2555         Section 64. Subsection (4) of section 320.77, Florida
 2556  Statutes, is amended to read:
 2557         320.77 License required of mobile home dealers.—
 2558         (4) FEES.—Upon making initial application, the applicant
 2559  shall pay to the department a fee of $300 in addition to any
 2560  other fees required by law. Applicants may choose to extend the
 2561  licensure period for 1 additional year for a total of 2 years.
 2562  An initial applicant shall pay to the department a fee of $300
 2563  for the first year and $100 for the second year in addition to
 2564  any other fees required by law. An applicant for a renewal
 2565  license shall pay to the department $100 for a 1-year renewal or
 2566  $200 for a 2-year renewal. The fee for application for change of
 2567  location shall be $25. Any applicant for renewal who has failed
 2568  to submit a his or her renewal application by October 1 of the
 2569  year of its current license expiration shall pay a renewal
 2570  application fee equal to the original application fee. No fee is
 2571  refundable. All fees shall be deposited into the General Revenue
 2572  Fund.
 2573         Revisers note.—Amended to improve clarity.
 2574         Section 65. Subsection (4) of section 320.771, Florida
 2575  Statutes, is amended to read:
 2576         320.771 License required of recreational vehicle dealers.—
 2577         (4) FEES.—Upon making initial application, the applicant
 2578  shall pay to the department a fee of $300 in addition to any
 2579  other fees required by law. Applicants may choose to extend the
 2580  licensure period for 1 additional year for a total of 2 years.
 2581  An initial applicant shall pay to the department a fee of $300
 2582  for the first year and $100 for the second year in addition to
 2583  any other fees required by law. An applicant for a renewal
 2584  license shall pay to the department $100 for a 1-year renewal or
 2585  $200 for a 2-year renewal. The fee for application for change of
 2586  location shall be $25. Any applicant for renewal who has failed
 2587  to submit a his or her renewal application by October 1 of the
 2588  year of its current license expiration shall pay a renewal
 2589  application fee equal to the original application fee. No fee is
 2590  refundable. All fees shall be deposited into the General Revenue
 2591  Fund.
 2592         Revisers note.—Amended to improve clarity.
 2593         Section 66. Subsection (3) of section 320.8225, Florida
 2594  Statutes, is amended to read:
 2595         320.8225 Mobile home and recreational vehicle manufacturer,
 2596  distributor, and importer license.—
 2597         (3) FEES.—Upon submitting an initial application, the
 2598  applicant shall pay to the department a fee of $300. Applicants
 2599  may choose to extend the licensure period for 1 additional year
 2600  for a total of 2 years. An initial applicant shall pay to the
 2601  department a fee of $300 for the first year and $100 for the
 2602  second year. An applicant for a renewal license shall pay to the
 2603  department $100 for a 1-year renewal or $200 for a 2-year
 2604  renewal. Any applicant for renewal who fails to submit a his or
 2605  her renewal application by October 1 of the year of its current
 2606  license expiration shall pay a renewal application fee equal to
 2607  the original application fee. No fee is refundable. All fees
 2608  must be deposited into the General Revenue Fund.
 2609         Revisers note.—Amended to improve clarity.
 2610         Section 67. Subsection (5) of section 320.8251, Florida
 2611  Statutes, is amended to read:
 2612         320.8251 Mobile home installation products; product
 2613  approval.—
 2614         (5)Any product, component, or system subject to this
 2615  section which is currently being used in the installation of
 2616  mobile homes in this state is not required to be certified in
 2617  accordance with this section until July 1, 2009.
 2618         Revisers note.—Amended to delete an obsolete provision.
 2619         Section 68. Subsection (15) of section 328.72, Florida
 2620  Statutes, is amended to read:
 2621         328.72 Classification; registration; fees and charges;
 2622  surcharge; disposition of fees; fines; marine turtle stickers.—
 2623         (15) DISTRIBUTION OF FEES.—Except as provided in this
 2624  subsection, moneys designated for the use of the counties, as
 2625  specified in subsection (1), shall be distributed by the tax
 2626  collector to the board of county commissioners for use only as
 2627  provided in this section. Such moneys to be returned to the
 2628  counties are for the sole purposes of providing, maintaining, or
 2629  operating recreational channel marking and other uniform
 2630  waterway markers, public boat ramps, lifts, and hoists, marine
 2631  railways, boat piers, docks, mooring buoys, and other public
 2632  launching facilities; and removing derelict vessels, debris that
 2633  specifically impedes impede boat access, not including the
 2634  dredging of channels, and vessels and floating structures deemed
 2635  a hazard to public safety and health for failure to comply with
 2636  s. 327.53. Counties shall demonstrate through an annual detailed
 2637  accounting report of vessel registration revenues that the
 2638  registration fees were spent as provided in this subsection.
 2639  This report shall be provided to the Fish and Wildlife
 2640  Conservation Commission no later than November 1 of each year.
 2641  If, before January 1 of each calendar year, the accounting
 2642  report meeting the prescribed criteria has still not been
 2643  provided to the commission, the tax collector of that county may
 2644  not distribute the moneys designated for the use of counties, as
 2645  specified in subsection (1), to the board of county
 2646  commissioners but shall, for the next calendar year, remit such
 2647  moneys to the state for deposit into the Marine Resources
 2648  Conservation Trust Fund. The commission shall return those
 2649  moneys to the county if the county fully complies with this
 2650  section within that calendar year. If the county does not fully
 2651  comply with this section within that calendar year, the moneys
 2652  shall remain within the Marine Resources Trust Fund and may be
 2653  appropriated for the purposes specified in this subsection.
 2654         (a) From the vessel registration fees designated for use by
 2655  the counties in subsection (1), $1 shall be remitted to the
 2656  state for deposit into the Save the Manatee Trust Fund.
 2657         (b) From the vessel registration fees designated for use by
 2658  the counties in subsection (1), $1 shall be remitted to the
 2659  state for deposit into the Marine Resources Conservation Trust
 2660  Fund to fund a grant program for public launching facilities
 2661  pursuant to s. 206.606, giving priority consideration to
 2662  counties with more than 35,000 registered vessels.
 2663         (c) From the vessel registration fees designated for use by
 2664  the counties in subsection (1), the following amounts shall be
 2665  remitted to the state for deposit into the Marine Resources
 2666  Conservation Trust Fund to fund derelict vessel removal grants,
 2667  as appropriated by the Legislature pursuant to s. 376.15:
 2668         1. Class A-2: $0.25 for each 12-month period registered.
 2669         2. Class 1: $2.06 for each 12-month period registered.
 2670         3. Class 2: $9.26 for each 12-month period registered.
 2671         4. Class 3: $16.45 for each 12-month period registered.
 2672         5. Class 4: $20.06 for each 12-month period registered.
 2673         6. Class 5: $25.46 for each 12-month period registered.
 2674         (d) Any undisbursed balances identified pursuant to s.
 2675  216.301, shall be available for reappropriation to fund the
 2676  Florida Boating Improvement Program or public boating access in
 2677  accordance with s. 206.606 206.06.
 2678         Revisers note.—The introductory paragraph was amended to
 2679         improve sentence construction; paragraph (d) was amended to
 2680         confirm the editorial substitution of a reference to s.
 2681         206.606 for a reference to s. 206.06 to correct an apparent
 2682         error. Section 206.606 relates to distribution of certain
 2683         proceeds and references the Florida Boating Improvement
 2684         Program; s. 206.06 relates to the power of the Department
 2685         of Revenue to estimate an amount of fuel taxes due and
 2686         unpaid.
 2687         Section 69. Section 335.067, Florida Statutes, is repealed.
 2688         Revisers note.—The cited section, which relates to the Conserve
 2689         by Bicycle Program, is repealed to remove an obsolete
 2690         provision; the study required in the section has been
 2691         completed.
 2692         Section 70. Paragraph (a) of subsection (3) of section
 2693  343.922, Florida Statutes, is amended to read:
 2694         343.922 Powers and duties.—
 2695         (3)(a) The authority shall develop and adopt a regional
 2696  transit development plan that provides a vision for a regionally
 2697  integrated transportation system. The goals and objectives of
 2698  the plan are to identify areas of the region where mobility,
 2699  traffic safety, freight mobility, and efficient emergency
 2700  evacuation alternatives need to be improved; identify areas of
 2701  the region where multimodal transportation systems would be most
 2702  beneficial to enhance mobility and economic development; develop
 2703  methods of building partnerships with local governments,
 2704  existing transit providers, expressway authorities, seaports,
 2705  airports, and other local, state, and federal entities; develop
 2706  methods of building partnerships with CSX Corporation and CSX
 2707  Transportation, Inc., to craft mutually beneficial solutions to
 2708  achieve the authoritys objectives, and with other private
 2709  sector business community entities that may further the
 2710  authoritys mission;, and engage the public in support of
 2711  regional multimodal transportation improvements. The plan shall
 2712  identify and may prioritize projects that will accomplish these
 2713  goals and objectives, including, without limitation, the
 2714  creation of express bus and bus rapid transit services, light
 2715  rail, commuter rail, and heavy rail transit services, ferry
 2716  services, freight services, and any other multimodal
 2717  transportation system projects that address critical
 2718  transportation needs or concerns, pursuant to subsection (2);
 2719  and identify the costs of the proposed projects and revenue
 2720  sources that could be used to pay those costs. In developing the
 2721  plan, the authority shall review and coordinate with the future
 2722  land use, capital improvements, and traffic circulation elements
 2723  of its member local governments comprehensive plans and the
 2724  plans, programs, and schedules of other units of government
 2725  having transit or transportation authority within whose
 2726  jurisdictions the projects or improvements will be located to
 2727  define and resolve potential inconsistencies between such plans
 2728  and the authoritys developing plan.
 2729         Revisers note.—Amended to improve clarity.
 2730         Section 71. Subsection (3) of section 350.113, Florida
 2731  Statutes, is amended to read:
 2732         350.113 Florida Public Service Regulatory Trust Fund;
 2733  moneys to be deposited therein.—
 2734         (3) Each regulated company under the jurisdiction of the
 2735  commission, which company was in operation for the preceding 6
 2736  month period, shall pay to the commission within 30 days
 2737  following the end of each 6-month period, commencing June 30,
 2738  1977, a fee based upon the gross operating revenues for such
 2739  period. The fee shall, to the extent practicable, be related to
 2740  the cost of regulating such type of regulated company.
 2741  Differences, if any, between the amount paid in any 6-month
 2742  period and the amount actually determined by the commission to
 2743  be due shall, upon notification by the commission, be
 2744  immediately paid or refunded. Each regulated company which is
 2745  subject to the jurisdiction of the commission, but which did not
 2746  operate under the commissions jurisdiction during the entire
 2747  preceding 6-month period, shall, within 30 days after the close
 2748  of the first 6-month period during which it commenced operations
 2749  under, or became subject to, the jurisdiction of the commission,
 2750  pay to the commission the prescribed fee based upon its gross
 2751  operating revenues derived from intrastate business during those
 2752  months or parts of months in which the regulated company did
 2753  operate during such 6-month period. In no event shall payments
 2754  under this section be less than $25 annually.
 2755         Revisers note.—Amended to delete obsolete language.
 2756         Section 72. Paragraph (g) of subsection (2) of section
 2757  364.10, Florida Statutes, is amended to read:
 2758         364.10 Lifeline service.—
 2759         (2)
 2760         (g)1. By December 31, 2010, Each state agency that provides
 2761  benefits to persons eligible for Lifeline service shall
 2762  undertake, in cooperation with the Department of Children and
 2763  Families, the Department of Education, the commission, the
 2764  Office of Public Counsel, and telecommunications companies
 2765  designated eligible telecommunications carriers providing
 2766  Lifeline services, the development of procedures to promote
 2767  Lifeline participation. The departments, the commission, and the
 2768  Office of Public Counsel may exchange sufficient information
 2769  with the appropriate eligible telecommunications carriers and
 2770  any commercial mobile radio service provider electing to provide
 2771  Lifeline service under paragraph (a), such as a persons name,
 2772  date of birth, service address, and telephone number, so that
 2773  the carriers can identify and enroll an eligible person in the
 2774  Lifeline and Link-Up programs. The information remains
 2775  confidential pursuant to s. 364.107 and may only be used for
 2776  purposes of determining eligibility and enrollment in the
 2777  Lifeline and Link-Up programs.
 2778         2. If any state agency determines that a person is eligible
 2779  for Lifeline services, the agency shall immediately forward the
 2780  information to the commission to ensure that the person is
 2781  automatically enrolled in the program with the appropriate
 2782  eligible telecommunications carrier. The state agency shall
 2783  include an option for an eligible customer to choose not to
 2784  subscribe to the Lifeline service. The Public Service Commission
 2785  and the Department of Children and Families shall, no later than
 2786  December 31, 2007, adopt rules creating procedures to
 2787  automatically enroll eligible customers in Lifeline service.
 2788         3. By December 31, 2010, The commission, the Department of
 2789  Children and Families, the Office of Public Counsel, and each
 2790  eligible telecommunications carrier offering Lifeline and Link
 2791  Up services shall convene a Lifeline Workgroup to discuss how
 2792  the eligible subscriber information in subparagraph 1. will be
 2793  shared, the obligations of each party with respect to the use of
 2794  that information, and the procedures to be implemented to
 2795  increase enrollment and verify eligibility in these programs.
 2796         Revisers note.—Amended to delete obsolete language.
 2797         Section 73. Subsection (3) of section 365.172, Florida
 2798  Statutes, is amended to read:
 2799         365.172 Emergency communications number “E911.”—
 2800         (3) DEFINITIONS.—Only as used in this section and ss.
 2801  365.171, 365.173, 365.174, and 365.177 365.176, the term:
 2802         (a) “Authorized expenditures” means expenditures of the
 2803  fee, as specified in subsection (10).
 2804         (b) “Automatic location identification” means the
 2805  capability of the E911 service which enables the automatic
 2806  display of information that defines the approximate geographic
 2807  location of the wireless telephone, or the location of the
 2808  address of the wireline telephone, used to place a 911 call.
 2809         (c) “Automatic number identification” means the capability
 2810  of the E911 service which enables the automatic display of the
 2811  service number used to place a 911 call.
 2812         (d) “Board” or “E911 Board” means the board of directors of
 2813  the E911 Board established in subsection (5).
 2814         (e) “Building permit review” means a review for compliance
 2815  with building construction standards adopted by the local
 2816  government under chapter 553 and does not include a review for
 2817  compliance with land development regulations.
 2818         (f) “Collocation” means the situation when a second or
 2819  subsequent wireless provider uses an existing structure to
 2820  locate a second or subsequent antennae. The term includes the
 2821  ground, platform, or roof installation of equipment enclosures,
 2822  cabinets, or buildings, and cables, brackets, and other
 2823  equipment associated with the location and operation of the
 2824  antennae.
 2825         (g) “Designed service” means the configuration and manner
 2826  of deployment of service the wireless provider has designed for
 2827  an area as part of its network.
 2828         (h) “Enhanced 911” or “E911” means an enhanced 911 system
 2829  or enhanced 911 service that is an emergency telephone system or
 2830  service that provides a subscriber with 911 service and, in
 2831  addition, directs 911 calls to appropriate public safety
 2832  answering points by selective routing based on the geographical
 2833  location from which the call originated, or as otherwise
 2834  provided in the state plan under s. 365.171, and that provides
 2835  for automatic number identification and automatic location
 2836  identification features. E911 service provided by a wireless
 2837  provider means E911 as defined in the order.
 2838         (i) “Existing structure” means a structure that exists at
 2839  the time an application for permission to place antennae on a
 2840  structure is filed with a local government. The term includes
 2841  any structure that can structurally support the attachment of
 2842  antennae in compliance with applicable codes.
 2843         (j) “Fee” means the E911 fee authorized and imposed under
 2844  subsections (8) and (9).
 2845         (k) “Fund” means the Emergency Communications Number E911
 2846  System Fund established in s. 365.173 and maintained under this
 2847  section for the purpose of recovering the costs associated with
 2848  providing 911 service or E911 service, including the costs of
 2849  implementing the order. The fund shall be segregated into
 2850  wireless, prepaid wireless, and nonwireless categories.
 2851         (l) “Historic building, structure, site, object, or
 2852  district” means any building, structure, site, object, or
 2853  district that has been officially designated as a historic
 2854  building, historic structure, historic site, historic object, or
 2855  historic district through a federal, state, or local designation
 2856  program.
 2857         (m) “Land development regulations” means any ordinance
 2858  enacted by a local government for the regulation of any aspect
 2859  of development, including an ordinance governing zoning,
 2860  subdivisions, landscaping, tree protection, or signs, the local
 2861  governments comprehensive plan, or any other ordinance
 2862  concerning any aspect of the development of land. The term does
 2863  not include any building construction standard adopted under and
 2864  in compliance with chapter 553.
 2865         (n) “Local exchange carrier” means a “competitive local
 2866  exchange telecommunications company” or a “local exchange
 2867  telecommunications company” as defined in s. 364.02.
 2868         (o) “Local government” means any municipality, county, or
 2869  political subdivision or agency of a municipality, county, or
 2870  political subdivision.
 2871         (p) “Medium county” means any county that has a population
 2872  of 75,000 or more but less than 750,000.
 2873         (q) “Mobile telephone number” or “MTN” means the telephone
 2874  number assigned to a wireless telephone at the time of initial
 2875  activation.
 2876         (r) “Nonwireless category” means the revenues to the fund
 2877  received from voice communications services providers other than
 2878  wireless providers.
 2879         (s) “Office” means the Division of State Technology within
 2880  the Department of Management Services, as designated by the
 2881  secretary of the department.
 2882         (t) “Order” means:
 2883         1. The following orders and rules of the Federal
 2884  Communications Commission issued in FCC Docket No. 94-102:
 2885         a. Order adopted on June 12, 1996, with an effective date
 2886  of October 1, 1996, the amendments to s. 20.03 and the creation
 2887  of s. 20.18 of Title 47 of the Code of Federal Regulations
 2888  adopted by the Federal Communications Commission pursuant to
 2889  such order.
 2890         b. Memorandum and Order No. FCC 97-402 adopted on December
 2891  23, 1997.
 2892         c. Order No. FCC DA 98-2323 adopted on November 13, 1998.
 2893         d. Order No. FCC 98-345 adopted December 31, 1998.
 2894         2. Orders and rules subsequently adopted by the Federal
 2895  Communications Commission relating to the provision of 911
 2896  services, including Order Number FCC-05-116, adopted May 19,
 2897  2005.
 2898         (u) “Prepaid wireless category” means all revenues in the
 2899  fund received through the Department of Revenue from the fee
 2900  authorized and imposed under subsection (9).
 2901         (v) “Prepaid wireless service” means a right to access
 2902  wireless service that allows a caller to contact and interact
 2903  with 911 to access the 911 system, which service must be paid
 2904  for in advance and is sold in predetermined units or dollars,
 2905  which units or dollars expire on a predetermined schedule or are
 2906  decremented on a predetermined basis in exchange for the right
 2907  to access wireless service.
 2908         (w) “Public agency” means the state and any municipality,
 2909  county, municipal corporation, or other governmental entity,
 2910  public district, or public authority located in whole or in part
 2911  within this state which provides, or has authority to provide,
 2912  firefighting, law enforcement, ambulance, medical, or other
 2913  emergency services.
 2914         (x) “Public safety agency” means a functional division of a
 2915  public agency which provides firefighting, law enforcement,
 2916  medical, or other emergency services.
 2917         (y) “Public safety answering point,” “PSAP,” or “answering
 2918  point” means the public safety agency that receives incoming 911
 2919  requests for assistance and dispatches appropriate public safety
 2920  agencies to respond to the requests in accordance with the state
 2921  E911 plan.
 2922         (z) “Rural county” means any county that has a population
 2923  of fewer than 75,000.
 2924         (aa) “Service identifier” means the service number, access
 2925  line, or other unique identifier assigned to a subscriber and
 2926  established by the Federal Communications Commission for
 2927  purposes of routing calls whereby the subscriber has access to
 2928  the E911 system.
 2929         (bb) “Tower” means any structure designed primarily to
 2930  support a wireless providers antennae.
 2931         (cc) “Voice communications services” means two-way voice
 2932  service, through the use of any technology, which actually
 2933  provides access to E911 services, and includes communications
 2934  services, as defined in s. 202.11, which actually provide access
 2935  to E911 services and which are required to be included in the
 2936  provision of E911 services pursuant to orders and rules adopted
 2937  by the Federal Communications Commission. The term includes
 2938  voice-over-Internet-protocol service. For the purposes of this
 2939  section, the term “voice-over-Internet-protocol service” or
 2940  “VoIP service” means interconnected VoIP services having the
 2941  following characteristics:
 2942         1. The service enables real-time, two-way voice
 2943  communications;
 2944         2. The service requires a broadband connection from the
 2945  users locations;
 2946         3. The service requires IP-compatible customer premises
 2947  equipment; and
 2948         4. The service offering allows users generally to receive
 2949  calls that originate on the public switched telephone network
 2950  and to terminate calls on the public switched telephone network.
 2951         (dd) “Voice communications services provider” or “provider”
 2952  means any person or entity providing voice communications
 2953  services, except that the term does not include any person or
 2954  entity that resells voice communications services and was
 2955  assessed the fee authorized and imposed under subsection (8) by
 2956  its resale supplier.
 2957         (ee) “Wireless 911 system” or “wireless 911 service” means
 2958  an emergency telephone system or service that provides a
 2959  subscriber with the ability to reach an answering point by
 2960  accessing the digits 911.
 2961         (ff) “Wireless category” means the revenues to the fund
 2962  received from a wireless provider from the fee authorized and
 2963  imposed under subsection (8).
 2964         (gg) “Wireless communications facility” means any equipment
 2965  or facility used to provide service and may include, but is not
 2966  limited to, antennae, towers, equipment enclosures, cabling,
 2967  antenna brackets, and other such equipment. Placing a wireless
 2968  communications facility on an existing structure does not cause
 2969  the existing structure to become a wireless communications
 2970  facility.
 2971         (hh) “Wireless provider” means a person who provides
 2972  wireless service and:
 2973         1. Is subject to the requirements of the order; or
 2974         2. Elects to provide wireless 911 service or E911 service
 2975  in this state.
 2976         (ii) “Wireless service” means “commercial mobile radio
 2977  service” as provided under ss. 3(27) and 332(d) of the Federal
 2978  Telecommunications Act of 1996, 47 U.S.C. ss. 151 et seq., and
 2979  the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103
 2980  66, August 10, 1993, 107 Stat. 312. The term includes service
 2981  provided by any wireless real-time two-way wire communication
 2982  device, including radio-telephone communications used in
 2983  cellular telephone service; personal communications service; or
 2984  the functional or competitive equivalent of a radio-telephone
 2985  communications line used in cellular telephone service, a
 2986  personal communications service, or a network radio access line.
 2987  The term does not include wireless providers that offer mainly
 2988  dispatch service in a more localized, noncellular configuration;
 2989  providers offering only data, one-way, or stored-voice services
 2990  on an interconnected basis; providers of air-to-ground services;
 2991  or public coast stations.
 2992         Revisers note.—Amended to confirm the editorial substitution of
 2993         a reference to s. 365.177 for a reference to s. 365.176 to
 2994         correct an apparent error.
 2995         Section 74. Subsection (5) of section 369.305, Florida
 2996  Statutes, is amended to read:
 2997         369.305 Review of local comprehensive plans, land
 2998  development regulations, Wekiva River development permits, and
 2999  amendments.—
 3000         (5) In its review of revised comprehensive plans after the
 3001  due dates described in subsection (5), and in its review of
 3002  comprehensive plan amendments after those due dates, the
 3003  department shall review the local comprehensive plans, and any
 3004  amendments, which are applicable to portions of the Wekiva River
 3005  Protection Area for compliance with the provisions of subsection
 3006  (1) in addition to its review of local comprehensive plans and
 3007  amendments for compliance as defined in s. 163.3184; and all the
 3008  procedures and penalties described in s. 163.3184 shall be
 3009  applicable to this review.
 3010         Revisers note.—Amended to conform to the repeal of the
 3011         referenced subsection (5) by s. 191, ch. 2010-102, Laws of
 3012         Florida.
 3013         Section 75. Paragraph (a) of subsection (4) of section
 3014  373.4592, Florida Statutes, is amended to read:
 3015         373.4592 Everglades improvement and management.—
 3016         (4) EVERGLADES PROGRAM.—
 3017         (a) Everglades Construction Project.—The district shall
 3018  implement the Everglades Construction Project. By the time of
 3019  completion of the project, the state, district, or other
 3020  governmental authority shall purchase the inholdings in the
 3021  Rotenberger tract and such other lands necessary to achieve a
 3022  2:1 mitigation ratio for the use of Browns Farm and other
 3023  similar lands, including those needed for the STA 1 Inflow and
 3024  Distribution Works. The inclusion of public lands as part of the
 3025  project is for the purpose of treating waters not coming from
 3026  the EAA for hydroperiod restoration. It is the intent of the
 3027  Legislature that the district aggressively pursue the
 3028  implementation of the Everglades Construction Project in
 3029  accordance with the schedule in this subsection. The Legislature
 3030  recognizes that adherence to the schedule is dependent upon
 3031  factors beyond the control of the district, including the timely
 3032  receipt of funds from all contributors. The district shall take
 3033  all reasonable measures to complete timely performance of the
 3034  schedule in this section in order to finish the Everglades
 3035  Construction Project. The district shall not delay
 3036  implementation of the project beyond the time delay caused by
 3037  those circumstances and conditions that prevent timely
 3038  performance. The district shall not levy ad valorem taxes in
 3039  excess of 0.1 mill within the Okeechobee Basin for the purposes
 3040  of the design, construction, and acquisition of the Everglades
 3041  Construction Project. The ad valorem tax proceeds not exceeding
 3042  0.1 mill levied within the Okeechobee Basin for such purposes
 3043  shall also be used for design, construction, and implementation
 3044  of the Long-Term Plan, including operation and maintenance, and
 3045  research for the projects and strategies in the Long-Term Plan,
 3046  and including the enhancements and operation and maintenance of
 3047  the Everglades Construction Project and shall be the sole direct
 3048  district contribution from district ad valorem taxes
 3049  appropriated or expended for the design, construction, and
 3050  acquisition of the Everglades Construction Project unless the
 3051  Legislature by specific amendment to this section increases the
 3052  0.1 mill ad valorem tax contribution, increases the agricultural
 3053  privilege taxes, or otherwise reallocates the relative
 3054  contribution by ad valorem taxpayers and taxpayers paying the
 3055  agricultural privilege taxes toward the funding of the design,
 3056  construction, and acquisition of the Everglades Construction
 3057  Project. Notwithstanding the provisions of s. 200.069 to the
 3058  contrary, any millage levied under the 0.1 mill limitation in
 3059  this paragraph shall be included as a separate entry on the
 3060  Notice of Proposed Property Taxes pursuant to s. 200.069. Once
 3061  the STAs are completed, the district shall allow these areas to
 3062  be used by the public for recreational purposes in the manner
 3063  set forth in s. 373.1391(1), considering the suitability of
 3064  these lands for such uses. These lands shall be made available
 3065  for recreational use unless the district governing board can
 3066  demonstrate that such uses are incompatible with the restoration
 3067  goals of the Everglades Construction Project or the water
 3068  quality and hydrological purposes of the STAs or would otherwise
 3069  adversely impact the implementation of the project. The district
 3070  shall give preferential consideration to the hiring of
 3071  agricultural workers displaced as a result of the Everglades
 3072  Construction Project, consistent with their qualifications and
 3073  abilities, for the construction and operation of these STAs. The
 3074  following milestones apply to the completion of the Everglades
 3075  Construction Project as depicted in the February 15, 1994,
 3076  conceptual design document:
 3077         1. The district must complete the final design of the STA 1
 3078  East and West and pursue STA 1 East project components as part
 3079  of a cost-shared program with the Federal Government. The
 3080  district must be the local sponsor of the federal project that
 3081  will include STA 1 East, and STA 1 West if so authorized by
 3082  federal law;
 3083         2. Construction of STA 1 East is to be completed under the
 3084  direction of the United States Army Corps of Engineers in
 3085  conjunction with the currently authorized C-51 flood control
 3086  project;
 3087         3. The district must complete construction of STA 1 West
 3088  and STA 1 Inflow and Distribution Works under the direction of
 3089  the United States Army Corps of Engineers, if the direction is
 3090  authorized under federal law, in conjunction with the currently
 3091  authorized C-51 flood control project;
 3092         4. The district must complete construction of STA 3/4 by
 3093  October 1, 2003; however, the district may modify this schedule
 3094  to incorporate and accelerate enhancements to STA 3/4 as
 3095  directed in the Long-Term Plan;
 3096         5. The district must complete construction of STA 6;
 3097         6. The district must, by December 31, 2006, complete
 3098  construction of enhancements to the Everglades Construction
 3099  Project recommended in the Long-Term Plan and initiate other
 3100  pre-2006 strategies in the plan; and
 3101         7. East Beach Water Control District, South Shore Drainage
 3102  District, South Florida Conservancy District, East Shore Water
 3103  Control District, and the lessee of agricultural lease number
 3104  3420 shall complete any system modifications described in the
 3105  Everglades Construction Project to the extent that funds are
 3106  available from the Everglades Fund. These entities shall divert
 3107  the discharges described within the Everglades Construction
 3108  Project within 60 days of completion of construction of the
 3109  appropriate STA. Such required modifications shall be deemed to
 3110  be a part of each districts plan of reclamation pursuant to
 3111  chapter 298.
 3112         Revisers note.—Amended to improve clarity.
 3113         Section 76. Subsections (16), (18), and (50) of section
 3114  376.301, Florida Statutes, are amended to read:
 3115         376.301 Definitions of terms used in ss. 376.30-376.317,
 3116  376.70, and 376.75.—When used in ss. 376.30-376.317, 376.70, and
 3117  376.75, unless the context clearly requires otherwise, the term:
 3118         (14)(16) “Dry drop-off facility” means any commercial
 3119  retail store that receives from customers clothing and other
 3120  fabrics for drycleaning or laundering at an offsite drycleaning
 3121  facility and that does not clean the clothing or fabrics at the
 3122  store utilizing drycleaning solvents.
 3123         (50)(18) “Wholesale supply facility” means a commercial
 3124  establishment that supplies drycleaning solvents to drycleaning
 3125  facilities.
 3126         (26)(50) “Nearby real property owner” means the individual
 3127  or entity that is vested with ownership, dominion, or legal or
 3128  rightful title to real property, or that has a ground lease in
 3129  real property, onto which drycleaning solvent has migrated
 3130  through soil or groundwater from a drycleaning facility or
 3131  wholesale supply facility eligible for site rehabilitation under
 3132  s. 376.3078(3) or from a drycleaning facility or wholesale
 3133  supply facility that is approved by the department for voluntary
 3134  cleanup under s. 376.3078(11).
 3135         Revisers note.—Amended to conform with the alphabetic ordering
 3136         of the defined terms elsewhere in the section.
 3137         Section 77. Paragraph (b) of subsection (12) of section
 3138  376.3071, Florida Statutes, is amended to read:
 3139         376.3071 Inland Protection Trust Fund; creation; purposes;
 3140  funding.—
 3141         (12) SITE CLEANUP.—
 3142         (b) Low-scored site initiative.—Notwithstanding subsections
 3143  (5) and (6), a site with a priority ranking score of 29 points
 3144  or less may voluntarily participate in the low-scored site
 3145  initiative regardless of whether the site is eligible for state
 3146  restoration funding.
 3147         1. To participate in the low-scored site initiative, the
 3148  property owner, or a responsible party who provides evidence of
 3149  authorization from the property owner, must submit a “No Further
 3150  Action” proposal and affirmatively demonstrate that the
 3151  conditions imposed under subparagraph 4. are met.
 3152         2. Upon affirmative demonstration that the conditions
 3153  imposed under subparagraph 4. are met, the department shall
 3154  issue a site rehabilitation completion order incorporating the
 3155  “No Further Action” proposal submitted by the property owner or
 3156  the responsible party, who must provide evidence of
 3157  authorization from the property owner. If no contamination is
 3158  detected, the department may issue a site rehabilitation
 3159  completion order.
 3160         3. Sites that are eligible for state restoration funding
 3161  may receive payment of costs for the low-scored site initiative
 3162  as follows:
 3163         a. A property owner, or a responsible party who provides
 3164  evidence of authorization from the property owner, may submit an
 3165  assessment and limited remediation plan designed to
 3166  affirmatively demonstrate that the site meets the conditions
 3167  imposed under subparagraph 4. Notwithstanding the priority
 3168  ranking score of the site, the department may approve the cost
 3169  of the assessment and limited remediation, including up to 12
 3170  months of groundwater monitoring and 12 months of limited
 3171  remediation activities in one or more task assignments or
 3172  modifications thereof, not to exceed the threshold amount
 3173  provided in s. 287.017 for CATEGORY TWO, for each site where the
 3174  department has determined that the assessment and limited
 3175  remediation, if applicable, will likely result in a
 3176  determination of “No Further Action.” The department may not pay
 3177  the costs associated with the establishment of institutional or
 3178  engineering controls other than the costs associated with a
 3179  professional land survey or a specific purpose survey, if such
 3180  is needed, and the costs associated with obtaining a title
 3181  report and paying recording fees.
 3182         b. After the approval of initial site assessment results
 3183  provided pursuant to state funding under sub-subparagraph a.,
 3184  the department may approve an additional amount not to exceed
 3185  the threshold amount provided in s. 287.017 for CATEGORY TWO for
 3186  limited remediation needed to achieve a determination of “No
 3187  Further Action.”
 3188         c. The assessment and limited remediation work shall be
 3189  completed no later than 15 months after the department
 3190  authorizes the start of a state-funded, low-score site
 3191  initiative task. If groundwater monitoring is required after the
 3192  assessment and limited remediation in order to satisfy the
 3193  conditions under subparagraph 4., the department may authorize
 3194  an additional 12 months to complete the monitoring.
 3195         d. No more than $15 million for the low-scored site
 3196  initiative may be encumbered from the fund in any fiscal year.
 3197  Funds shall be made available on a first-come, first-served
 3198  basis and shall be limited to 10 sites in each fiscal year for
 3199  each property owner or each responsible party who provides
 3200  evidence of authorization from the property owner.
 3201         e. Program deductibles, copayments, and the limited
 3202  contamination assessment report requirements under paragraph
 3203  (13)(d) do not apply to expenditures under this paragraph.
 3204         4. The department shall issue an order incorporating the
 3205  “No Further Action” proposal submitted by a property owner or a
 3206  responsible party who provides evidence of authorization from
 3207  the property owner upon affirmative demonstration that all of
 3208  the following conditions are met:
 3209         a. Soil saturated with petroleum or petroleum products, or
 3210  soil that causes a total corrected hydrocarbon measurement of
 3211  500 parts per million or higher for the Gasoline Analytical
 3212  Group or 50 parts per million or higher for the Kerosene
 3213  Analytical Group, as defined by department rule, does not exist
 3214  onsite as a result of a release of petroleum products.
 3215         b. A minimum of 12 months of groundwater monitoring
 3216  indicates that the plume is shrinking or stable.
 3217         c. The release of petroleum products at the site does not
 3218  adversely affect adjacent surface waters, including their
 3219  effects on human health and the environment.
 3220         d. The area containing the petroleum products chemicals of
 3221  concern:
 3222         (I) Is confined to the source property boundaries of the
 3223  real property on which the discharge originated, unless the
 3224  property owner has requested or authorized a more limited area
 3225  in the “No Further Action” proposal submitted under this
 3226  subsection; or
 3227         (II) Has migrated from the source property onto or beneath
 3228  a transportation facility as defined in s. 334.03(30) for which
 3229  the department has approved, and the governmental entity owning
 3230  the transportation facility has agreed to institutional controls
 3231  as defined in s. 376.301(21) 376.301(22). This sub-sub
 3232  subparagraph does not, however, impose any legal liability on
 3233  the transportation facility owner, obligate such owner to engage
 3234  in remediation, or waive such owners right to recover costs for
 3235  damages.
 3236         e. The groundwater contamination containing the petroleum
 3237  products chemicals of concern is not a threat to any permitted
 3238  potable water supply well.
 3239         f. Soils onsite found between land surface and 2 feet below
 3240  land surface which are subject to human exposure meet the soil
 3241  cleanup target levels established in subparagraph (5)(b)9., or
 3242  human exposure is limited by appropriate institutional or
 3243  engineering controls.
 3244  
 3245  Issuance of a site rehabilitation completion order under this
 3246  paragraph acknowledges that minimal contamination exists onsite
 3247  and that such contamination is not a threat to the public
 3248  health, safety, or welfare; water resources; or the environment.
 3249  Pursuant to subsection (4), the issuance of the site
 3250  rehabilitation completion order, with or without conditions,
 3251  does not alter eligibility for state-funded rehabilitation that
 3252  would otherwise be applicable under this section.
 3253         Revisers note.—Amended to conform to the redesignation of
 3254         subunits in s. 376.301 pursuant to the amendments made to
 3255         that section by this act.
 3256         Section 78. Subsection (8) of section 376.86, Florida
 3257  Statutes, is amended to read:
 3258         376.86 Brownfield Areas Loan Guarantee Program.—
 3259         (8) The council shall provide an annual report to the
 3260  Legislature by February 1 of each year describing its activities
 3261  and agreements approved relating to redevelopment of brownfield
 3262  areas. This section shall be reviewed by the Legislature by
 3263  January 1, 2007, and a determination made related to the need to
 3264  continue or modify this section. New loan guarantees may not be
 3265  approved in 2007 until the review by the Legislature has been
 3266  completed and a determination has been made as to the
 3267  feasibility of continuing the use of the Inland Protection Trust
 3268  Fund to guarantee portions of loans under this section.
 3269         Revisers note.—Amended to delete obsolete language.
 3270         Section 79. Paragraph (n) of subsection (2) of section
 3271  377.703, Florida Statutes, is amended to read:
 3272         377.703 Additional functions of the Department of
 3273  Agriculture and Consumer Services.—
 3274         (2) DUTIES.—The department shall perform the following
 3275  functions, unless as otherwise provided, consistent with the
 3276  development of a state energy policy:
 3277         (n) On an annual basis, the department shall prepare an
 3278  assessment of the utilization of the renewable energy
 3279  technologies investment tax credit authorized in s. 220.192 and
 3280  the renewable energy production credit authorized in s. 220.193,
 3281  which the department shall submit to the President of the
 3282  Senate, the Speaker of the House of Representatives, and the
 3283  Executive Office of the Governor by February 1 of each year. The
 3284  assessment shall include, at a minimum, the following
 3285  information:
 3286         1. For the renewable energy technologies investment tax
 3287  credit authorized in s. 220.192:
 3288         a. The name of each taxpayer receiving an allocation under
 3289  this section;
 3290         b. The amount of the credits allocated for that fiscal year
 3291  for each taxpayer; and
 3292         c. The type of technology and a description of each
 3293  investment for which each taxpayer receives an allocation.
 3294         2. For the renewable energy production credit authorized in
 3295  s. 220.193:
 3296         1.a. The name of each taxpayer receiving an allocation
 3297  under this section;
 3298         2.b. The amount of credits allocated for that fiscal year
 3299  for each taxpayer;
 3300         3.c. The type and amount of renewable energy produced and
 3301  sold, whether the facility producing that energy is a new or
 3302  expanded facility, and the approximate date on which production
 3303  began; and
 3304         4.d. The aggregate amount of credits allocated for all
 3305  taxpayers claiming credits under this section for the fiscal
 3306  year.
 3307         Revisers note.—Amended to conform to the repeal of s. 220.192
 3308         by s. 3, ch. 2019-4, Laws of Florida.
 3309         Section 80. Subsection (6) of section 379.2291, Florida
 3310  Statutes, is amended to read:
 3311         379.2291 Endangered and Threatened Species Act.—
 3312         (6) MEASURABLE BIOLOGICAL GOALS.—Measurable biological
 3313  goals that define manatee recovery developed by the commission,
 3314  working in conjunction with the United States Fish and Wildlife
 3315  Service, shall be used by the commission in its development of
 3316  management plans or work plans. In addition to other criteria,
 3317  these measurable biological goals shall be used by the
 3318  commission when evaluating existing and proposed protection
 3319  rules, and in determining progress in achieving manatee
 3320  recovery. Not later than July 1, 2005, The commission shall
 3321  develop rules to define how measurable biological goals will be
 3322  used by the commission when evaluating the need for additional
 3323  manatee protection rules.
 3324         Revisers note.—Amended to delete obsolete language.
 3325         Section 81. Subsection (2) of section 379.245, Florida
 3326  Statutes, is amended to read:
 3327         379.245 Spiny lobster reports by dealers during closed
 3328  season required.—
 3329         (2) Failure to submit a report as described in subsection
 3330  (1) or reporting a greater or lesser amount of whole spiny
 3331  lobster, spiny lobster tails, or spiny lobster meat than is
 3332  actually in the dealers possession or name is a major violation
 3333  of this chapter, punishable as provided in s. 379.407(2)
 3334  379.407(1), s. 379.414, or both. The commission shall seize the
 3335  entire supply of unreported or falsely reported whole spiny
 3336  lobster, spiny lobster tails, or spiny lobster meat, and shall
 3337  carry the same before the court for disposal. The dealer shall
 3338  post a cash bond in the amount of the fair value of the entire
 3339  quantity of unreported or falsely reported spiny lobster as
 3340  determined by the judge. After posting the cash bond, the dealer
 3341  shall have 24 hours to transport said products outside the
 3342  limits of Florida for sale as provided by s. 379.337. Otherwise,
 3343  the product shall be declared a nuisance and disposed of by the
 3344  commission according to law.
 3345         Revisers note.—Amended to correct a cross-reference. Section
 3346         379.407(2) is in regards to major violations; s. 379.407(1)
 3347         is in regards to base penalties.
 3348         Section 82. Paragraph (e) of subsection (3) and paragraph
 3349  (a) of subsection (4) of section 379.366, Florida Statutes, are
 3350  amended to read:
 3351         379.366 Blue crab; regulation.—
 3352         (3)
 3353         (e)Waiver of fees.—For the 2007-2008 license year, the
 3354  commission shall waive all fees under this subsection for all
 3355  persons who qualify by September 30, 2007, to participate in the
 3356  blue crab effort management program established by commission
 3357  rule.
 3358         (4)(a) Untagged trap penalties.By July 1, 2008, The
 3359  commission shall adopt by rule the administrative penalties
 3360  authorized by this subsection. In addition to any other
 3361  penalties provided in s. 379.407 for any blue crab endorsement
 3362  holder who violates commission rules requiring the placement of
 3363  trap tags for traps used for the directed harvest of blue crabs,
 3364  the following administrative penalties apply:
 3365         1. For a first violation, the commission shall assess an
 3366  administrative penalty of up to $1,000.
 3367         2. For a second violation that occurs within 24 months
 3368  after any previous such violation, the commission shall assess
 3369  an administrative penalty of up to $2,000, and the blue crab
 3370  endorsement holders blue crab fishing privileges may be
 3371  suspended for 12 calendar months.
 3372         3. For a third violation that occurs within 36 months after
 3373  any two previous such violations, the commission shall assess an
 3374  administrative penalty of up to $5,000, and the blue crab
 3375  endorsement holders blue crab fishing privileges may be
 3376  suspended for 24 calendar months.
 3377         4. A fourth violation that occurs within 48 months after
 3378  any three previous such violations shall result in permanent
 3379  revocation of all of the violators saltwater fishing
 3380  privileges, including having the commission proceed against the
 3381  endorsement holders saltwater products license in accordance
 3382  with s. 379.407.
 3383  
 3384  Any blue crab endorsement holder assessed an administrative
 3385  penalty under this paragraph shall, within 30 calendar days
 3386  after notification, pay the administrative penalty to the
 3387  commission or request an administrative hearing under ss.
 3388  120.569 and 120.57.
 3389         Revisers note.—Amended to delete obsolete language.
 3390         Section 83. Paragraph (b) of subsection (1) of section
 3391  379.372, Florida Statutes, is amended to read:
 3392         379.372 Capturing, keeping, possessing, transporting, or
 3393  exhibiting venomous reptiles, reptiles of concern, conditional
 3394  reptiles, or prohibited reptiles; license required.—
 3395         (1)
 3396         (b) By December 31, 2007, The commission shall establish a
 3397  list of reptiles of concern, including venomous, nonvenomous,
 3398  native, nonnative, or other reptiles, which require additional
 3399  regulation for capture, possession, transportation, or
 3400  exhibition due to their nature, habits, status, or potential to
 3401  negatively impact humans, the environment, or ecology.
 3402         Revisers note.—Amended to delete obsolete language.
 3403         Section 84. Paragraph (d) of subsection (12) of section
 3404  381.02035, Florida Statutes, is amended to read:
 3405         381.02035 Canadian Prescription Drug Importation Program.—
 3406         (12) ANNUAL REPORT.—By December 1 of each year, the agency
 3407  shall submit a report to the Governor, the President of the
 3408  Senate, and the Speaker of the House of Representatives on the
 3409  operation of the program during the previous fiscal year. The
 3410  report must include, at a minimum:
 3411         (d) The estimated cost savings during the previous fiscal
 3412  year and to date attributable to the program;
 3413         Revisers note.—Amended to confirm the editorial insertion of
 3414         the word “to.”
 3415         Section 85. Paragraph (g) of subsection (14) of section
 3416  381.986, Florida Statutes, is amended to read:
 3417         381.986 Medical use of marijuana.—
 3418         (14) EXCEPTIONS TO OTHER LAWS.—
 3419         (g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 3420  any other provision of law, but subject to the requirements of
 3421  this section and pursuant to policies and procedures established
 3422  pursuant to s. 1006.062(8) 1006.62(8), school personnel may
 3423  possess marijuana that is obtained for medical use pursuant to
 3424  this section by a student who is a qualified patient.
 3425         Revisers note.—Amended to correct an erroneous cross-reference;
 3426         s. 1006.62 does not have a subsection (8); s. 1006.062(8)
 3427         relates to medical policy and procedure relating to
 3428         students who are qualified patients to use medical
 3429         marijuana.
 3430         Section 86. Subsections (7) and (10) of section 383.2162,
 3431  Florida Statutes, are amended to read:
 3432         383.2162 Black infant health practice initiative.—
 3433         (7) EVALUATIONS AND REPORTS.—The department shall conduct
 3434  an annual evaluation of the implementation of the initiative
 3435  describing which areas are participating in the initiative, the
 3436  number of reviews conducted by each participating coalition,
 3437  grant balances, and recommendations for modifying the
 3438  initiative. All participating coalitions shall produce a report
 3439  on their collective findings and recommendations by January 1,
 3440  2010, to the Governor, the President of the Senate, the Speaker
 3441  of the House of Representatives, and the State Surgeon General.
 3442         (10)IMPLEMENTATION TIMELINE.—The department shall
 3443  administer grants in a manner that will allow each participating
 3444  coalition to begin reviewing cases no later than January 1,
 3445  2008.
 3446         Revisers note.—Amended to delete obsolete language.
 3447         Section 87. Paragraph (b) of subsection (1) of section
 3448  393.115, Florida Statutes, is amended to read:
 3449         393.115 Discharge.—
 3450         (1) DISCHARGE AT THE AGE OF MAJORITY.—
 3451         (b) If the resident appears to meet the criteria for
 3452  involuntary admission to residential services, pursuant to as
 3453  defined in s. 393.11, the agency shall file a petition to
 3454  determine the appropriateness of continued residential placement
 3455  on an involuntary basis. The agency shall file the petition for
 3456  involuntary admission in the county in which the client resides.
 3457  If the resident was originally involuntarily admitted to
 3458  residential services pursuant to s. 393.11, then the agency
 3459  shall file the petition in the court having continuing
 3460  jurisdiction over the case.
 3461         Revisers note.—Amended to conform to the fact that criteria for
 3462         involuntary admission to residential services are found in
 3463         s. 393.11, but the term is not defined there.
 3464         Section 88. Subsection (1) of section 394.499, Florida
 3465  Statutes, is amended to read:
 3466         394.499 Integrated childrens crisis stabilization
 3467  unit/juvenile addictions receiving facility services.—
 3468         (1) Beginning July 1, 2001, The Department of Children and
 3469  Families, in consultation with the Agency for Health Care
 3470  Administration, is authorized to establish childrens behavioral
 3471  crisis unit demonstration models in Collier, Lee, and Sarasota
 3472  Counties. As a result of the recommendations regarding expansion
 3473  of the demonstration models contained in the evaluation report
 3474  of December 31, 2003, the department, in cooperation with the
 3475  agency, may expand the demonstration models to other areas in
 3476  the state after July 1, 2005. The childrens behavioral crisis
 3477  unit demonstration models will integrate childrens mental
 3478  health crisis stabilization units with substance abuse juvenile
 3479  addictions receiving facility services, to provide emergency
 3480  mental health and substance abuse services that are integrated
 3481  within facilities licensed and designated by the agency for
 3482  children under 18 years of age who meet criteria for admission
 3483  or examination under this section. The services shall be
 3484  designated as “integrated childrens crisis stabilization
 3485  unit/juvenile addictions receiving facility services,” shall be
 3486  licensed by the agency as childrens crisis stabilization units,
 3487  and shall meet all licensure requirements for crisis
 3488  stabilization units. The department, in cooperation with the
 3489  agency, shall develop standards that address eligibility
 3490  criteria; clinical procedures; staffing requirements;
 3491  operational, administrative, and financing requirements; and
 3492  investigation of complaints for such integrated facility
 3493  services. Standards that are implemented specific to substance
 3494  abuse services shall meet or exceed existing standards for
 3495  addictions receiving facilities.
 3496         Revisers note.—Amended to delete language that has served its
 3497         purpose.
 3498         Section 89. Paragraph (b) of subsection (6) of section
 3499  395.1041, Florida Statutes, is amended to read:
 3500         395.1041 Access to emergency services and care.—
 3501         (6) RIGHTS OF PERSONS BEING TREATED.—
 3502         (b) Each hospital with an emergency department shall
 3503  develop a best practices policy to promote the prevention of
 3504  unintentional drug overdoses. The policy may include, but is not
 3505  limited to:
 3506         1. A process to obtain the patients consent to notify the
 3507  patients next of kin, and each physician or health care
 3508  practitioner who prescribed a controlled substance to the
 3509  patient, regarding the patients overdose, her or his location,
 3510  and the nature of the substance or controlled substance involved
 3511  in the overdose.
 3512         2. A process for providing the patient or the patients
 3513  next of kin with information about licensed substance abuse
 3514  treatment services, voluntary admission procedures under part IV
 3515  of chapter 397, involuntary admission procedures under part V of
 3516  chapter 397, and involuntary commitment procedures under chapter
 3517  394.
 3518         3. Guidelines for emergency department health care
 3519  practitioners authorized to prescribe controlled substances to
 3520  reduce the risk of opioid use, misuse, and addiction.
 3521         4. The use of licensed or certified behavioral health
 3522  professionals or peer specialists in the emergency department to
 3523  encourage the patient to seek substance abuse treatment.
 3524         5. The use of Screening, Brief Intervention, and Referral
 3525  to Treatment protocols in the emergency department.
 3526  
 3527  6. This paragraph may not be construed as creating a cause of
 3528  action by any party.
 3529         Revisers note.—Amended to conform to context. Subparagraph
 3530         (6)(b)6. does not fit within the list of items in paragraph
 3531         (6)(b) but does apply to paragraph (b); placement within a
 3532         flush left paragraph at the end of paragraph (b) clarifies
 3533         intent.
 3534         Section 90. Paragraph (c) of subsection (6) of section
 3535  395.40, Florida Statutes, is amended to read:
 3536         395.40 Legislative findings and intent.—
 3537         (6) Furthermore, the Legislature encourages the department
 3538  to actively foster the provision of trauma care and serve as a
 3539  catalyst for improvements in the process and outcome of the
 3540  provision of trauma care in an inclusive trauma system. Among
 3541  other considerations, the department is required to:
 3542         (c) Update the state trauma system plan at least annually
 3543  by February 2005 and at least annually thereafter.
 3544         Revisers note.—Amended to delete obsolete language.
 3545         Section 91. Subsection (2) of section 400.063, Florida
 3546  Statutes, is amended to read:
 3547         400.063 Resident protection.—
 3548         (2) The agency is authorized to establish for each
 3549  facility, subject to intervention by the agency, a separate bank
 3550  account for the deposit to the credit of the agency of any
 3551  moneys received from the Health Care Trust Fund or any other
 3552  moneys received for the maintenance and care of residents in the
 3553  facility, and the agency is authorized to disburse moneys from
 3554  such account to pay obligations incurred for the purposes of
 3555  this section. The agency is authorized to requisition moneys
 3556  from the Health Care Trust Fund in advance of an actual need for
 3557  cash on the basis of an estimate by the agency of moneys to be
 3558  spent under the authority of this section. Any bank account
 3559  established under this section need not be approved in advance
 3560  of its creation as required by s. 17.58, but shall be secured by
 3561  depository insurance equal to or greater than the balance of
 3562  such account or by the pledge of collateral security in
 3563  conformance with criteria established in s. 18.11. The agency
 3564  shall notify the Chief Financial Officer of any such account so
 3565  established and shall make a quarterly accounting to the Chief
 3566  Financial Officer for all moneys deposited in such account.
 3567         Revisers note.—Amended to conform to the repeal of s. 18.11 by
 3568         s. 11, ch. 81-285, Laws of Florida, which repeal was
 3569         confirmed by s. 1, ch. 83-85, Laws of Florida.
 3570         Section 92. Paragraph (a) of subsection (2) of section
 3571  400.191, Florida Statutes, is amended to read:
 3572         400.191 Availability, distribution, and posting of reports
 3573  and records.—
 3574         (2) The agency shall publish the Nursing Home Guide
 3575  quarterly in electronic form to assist consumers and their
 3576  families in comparing and evaluating nursing home facilities.
 3577         (a) The agency shall provide an Internet site which shall
 3578  include at least the following information either directly or
 3579  indirectly through a link to another established site or sites
 3580  of the agencys choosing:
 3581         1. A section entitled “Have you considered programs that
 3582  provide alternatives to nursing home care?” which shall be the
 3583  first section of the Nursing Home Guide and which shall
 3584  prominently display information about available alternatives to
 3585  nursing homes and how to obtain additional information regarding
 3586  these alternatives. The Nursing Home Guide shall explain that
 3587  this state offers alternative programs that permit qualified
 3588  elderly persons to stay in their homes instead of being placed
 3589  in nursing homes and shall encourage interested persons to call
 3590  the Comprehensive Assessment Review and Evaluation for Long-Term
 3591  Care Services (CARES) Program to inquire if they qualify. The
 3592  Nursing Home Guide shall list available home and community-based
 3593  programs which shall clearly state the services that are
 3594  provided and indicate whether nursing home services are included
 3595  if needed.
 3596         2. A list by name and address of all nursing home
 3597  facilities in this state, including any prior name by which a
 3598  facility was known during the previous 24-month period.
 3599         3. Whether such nursing home facilities are proprietary or
 3600  nonproprietary.
 3601         4. The current owner of the facilitys license and the year
 3602  that that entity became the owner of the license.
 3603         5. The name of the owner or owners of each facility and
 3604  whether the facility is affiliated with a company or other
 3605  organization owning or managing more than one nursing facility
 3606  in this state.
 3607         6. The total number of beds in each facility and the most
 3608  recently available occupancy levels.
 3609         7. The number of private and semiprivate rooms in each
 3610  facility.
 3611         8. The religious affiliation, if any, of each facility.
 3612         9. The languages spoken by the administrator and staff of
 3613  each facility.
 3614         10. Whether or not each facility accepts Medicare or
 3615  Medicaid recipients or insurance, health maintenance
 3616  organization, United States Department of Veterans Affairs
 3617  Veterans Administration, CHAMPUS program, or workers
 3618  compensation coverage.
 3619         11. Recreational and other programs available at each
 3620  facility.
 3621         12. Special care units or programs offered at each
 3622  facility.
 3623         13. Whether the facility is a part of a retirement
 3624  community that offers other services pursuant to part III of
 3625  this chapter or part I or part III of chapter 429.
 3626         14. Survey and deficiency information, including all
 3627  federal and state recertification, licensure, revisit, and
 3628  complaint survey information, for each facility. For
 3629  noncertified nursing homes, state survey and deficiency
 3630  information, including licensure, revisit, and complaint survey
 3631  information shall be provided.
 3632         Revisers note.—Amended to conform to the renaming of the
 3633         Veterans Administration as the United States Department of
 3634         Veterans Affairs by s. 1, Pub. L. No. 100-527 in 1988.
 3635         Section 93. Subsection (6) of section 402.22, Florida
 3636  Statutes, is amended to read:
 3637         402.22 Education program for students who reside in
 3638  residential care facilities operated by the Department of
 3639  Children and Families or the Agency for Persons with
 3640  Disabilities.—
 3641         (6) Notwithstanding the provisions of s. 1001.42(4)(m)
 3642  1001.42(4)(n), the educational program at the Marianna Sunland
 3643  Center in Jackson County shall be operated by the Department of
 3644  Education, either directly or through grants or contractual
 3645  agreements with other public educational agencies. The annual
 3646  state allocation to any such agency shall be computed pursuant
 3647  to s. 1011.62(1), (2), and (6) and allocated in the amount that
 3648  would have been provided the local school district in which the
 3649  residential facility is located.
 3650         Revisers note.—Amended to correct a cross-reference. As part of
 3651         the 2002 update to the Education Code, s. 988, ch. 2002
 3652         387, Laws of Florida, changed the reference from s.
 3653         230.23(4)(n), which related to alternative education
 3654         programs for students in residential care facilities, to s.
 3655         1001.42(4)(n). However, the language relating to
 3656         alternative education programs for students in residential
 3657         care facilities was placed in s. 1001.42(4)(m) per s. 55,
 3658         ch. 2002-387; s. 1001.42(4)(n) relates to educational
 3659         services in detention facilities.
 3660         Section 94. Subsection (35) of section 403.703, Florida
 3661  Statutes, is amended to read:
 3662         403.703 Definitions.—As used in this part, the term:
 3663         (40)(35) “Special wastes” means solid wastes that can
 3664  require special handling and management, including, but not
 3665  limited to, white goods, waste tires, used oil, lead-acid
 3666  batteries, construction and demolition debris, ash residue, yard
 3667  trash, and biological wastes.
 3668         Revisers note.—Amended to conform with the alphabetic ordering
 3669         of the defined terms elsewhere in the section.
 3670         Section 95. Subsection (1) of section 403.7065, Florida
 3671  Statutes, is amended to read:
 3672         403.7065 Procurement of products or materials with recycled
 3673  content.—
 3674         (1) Except as provided in s. 287.045, Any state agency or
 3675  agency of a political subdivision of the state which is using
 3676  state funds, or any person contracting with any such agency with
 3677  respect to work performed under contract, is required to procure
 3678  products or materials with recycled content when the Department
 3679  of Management Services determines that those products or
 3680  materials are available. A decision not to procure such items
 3681  must be based on the Department of Management Services
 3682  determination that such procurement is not reasonably available
 3683  within an acceptable period of time, fails to meet the
 3684  performance standards set forth in the applicable
 3685  specifications, or fails to meet the performance standards of
 3686  the agency. When the requirements of s. 287.045 are met,
 3687  agencies shall be subject to the procurement requirements of
 3688  that section for procuring products or materials with recycled
 3689  content.
 3690         Revisers note.—Amended to conform to the repeal of s. 287.045
 3691         by s. 17, ch. 2010-151, Laws of Florida.
 3692         Section 96. Section 403.8163, Florida Statutes, is amended
 3693  to read:
 3694         403.8163 Sites for disposal of spoil from maintenance
 3695  dredge operations; selection.—Lands created by spoil or used as
 3696  dredge spoil sites must be given priority consideration as sites
 3697  for disposal of spoil in maintenance dredge operations, except
 3698  when the Division of Beaches and Shores of the Department of
 3699  Environmental Protection determines that the spoil, or some
 3700  substantial portion thereof, may be placed as compatible
 3701  sediment into the littoral system of an adjacent sandy beach or
 3702  coastal barrier dune system for the preservation and protection
 3703  of such beach or dune system.
 3704         Revisers note.—Amended to conform to the fact that the Division
 3705         of Beaches and Shores was abolished by s. 1, ch. 94-356,
 3706         Laws of Florida; the Department of Environmental
 3707         Protections beach programs are now under the Division of
 3708         Water Resource Management.
 3709         Section 97. Paragraph (b) of subsection (2) of section
 3710  403.854, Florida Statutes, is amended to read:
 3711         403.854 Variances, exemptions, and waivers.—
 3712         (2)
 3713         (b)Proposed additions to existing treatment plants not
 3714  under contract for construction on July 1, 1977, shall not be
 3715  automatically exempt.
 3716         Revisers note.—Amended to delete an obsolete provision.
 3717         Section 98. Paragraph (e) of subsection (3) of section
 3718  408.036, Florida Statutes, is amended to read:
 3719         408.036 Projects subject to review; exemptions.—
 3720         (3) EXEMPTIONS.—Upon request, the following projects are
 3721  subject to exemption from subsection (1):
 3722         (e) For the addition of nursing home beds licensed under
 3723  chapter 400 in a number not exceeding 30 total beds or 25
 3724  percent of the number of beds licensed in the facility being
 3725  replaced under paragraph (2)(b), paragraph (2)(c), or paragraph
 3726  (j) (m), whichever is less.
 3727         Revisers note.—Amended to confirm the editorial substitution of
 3728         a reference to paragraph (j) for a reference to paragraph
 3729         (m) to conform to the redesignation of paragraphs by s. 13,
 3730         ch. 2019-136, Laws of Florida.
 3731         Section 99. Paragraph (a) of subsection (2) of section
 3732  408.7057, Florida Statutes, is amended to read:
 3733         408.7057 Statewide provider and health plan claim dispute
 3734  resolution program.—
 3735         (2)(a) The agency shall establish a program by January 1,
 3736  2001, to provide assistance to contracted and noncontracted
 3737  providers and health plans for resolution of claim disputes that
 3738  are not resolved by the provider and the health plan. The agency
 3739  shall contract with a resolution organization to timely review
 3740  and consider claim disputes submitted by providers and health
 3741  plans and recommend to the agency an appropriate resolution of
 3742  those disputes. The agency shall establish by rule
 3743  jurisdictional amounts and methods of aggregation for claim
 3744  disputes that may be considered by the resolution organization.
 3745         Revisers note.—Amended to delete obsolete language.
 3746         Section 100. Subsection (5) of section 408.809, Florida
 3747  Statutes, is amended to read:
 3748         408.809 Background screening; prohibited offenses.—
 3749         (5) A person who serves as a controlling interest of, is
 3750  employed by, or contracts with a licensee on July 31, 2010, who
 3751  has been screened and qualified according to standards specified
 3752  in s. 435.03 or s. 435.04 must be rescreened by July 31, 2015,
 3753  in compliance with the following schedule. If, upon rescreening,
 3754  such person has a disqualifying offense that was not a
 3755  disqualifying offense at the time of the last screening, but is
 3756  a current disqualifying offense and was committed before the
 3757  last screening, he or she may apply for an exemption from the
 3758  appropriate licensing agency and, if agreed to by the employer,
 3759  may continue to perform his or her duties until the licensing
 3760  agency renders a decision on the application for exemption if
 3761  the person is eligible to apply for an exemption and the
 3762  exemption request is received by the agency within 30 days after
 3763  receipt of the rescreening results by the person. The
 3764  rescreening schedule shall be:
 3765         (a) Individuals for whom the last screening was conducted
 3766  on or before December 31, 2004, must be rescreened by July 31,
 3767  2013.
 3768         (b) Individuals for whom the last screening conducted was
 3769  between January 1, 2005, and December 31, 2008, must be
 3770  rescreened by July 31, 2014.
 3771         (c) Individuals for whom the last screening conducted was
 3772  between January 1, 2009, through July 31, 2011, must be
 3773  rescreened by July 31, 2015.
 3774         Revisers note.—Amended to delete an obsolete provision.
 3775         Section 101. Section 409.964, Florida Statutes, is amended
 3776  to read:
 3777         409.964 Managed care program; state plan; waivers.—The
 3778  Medicaid program is established as a statewide, integrated
 3779  managed care program for all covered services, including long
 3780  term care services. The agency shall apply for and implement
 3781  state plan amendments or waivers of applicable federal laws and
 3782  regulations necessary to implement the program. Before seeking a
 3783  waiver, the agency shall provide public notice and the
 3784  opportunity for public comment and include public feedback in
 3785  the waiver application. The agency shall hold one public meeting
 3786  in each of the regions described in s. 409.966(2), and the time
 3787  period for public comment for each region shall end no sooner
 3788  than 30 days after the completion of the public meeting in that
 3789  region. The agency shall submit any state plan amendments, new
 3790  waiver requests, or requests for extensions or expansions for
 3791  existing waivers, needed to implement the managed care program
 3792  by August 1, 2011.
 3793         Revisers note.—Amended to delete obsolete language.
 3794         Section 102. Section 409.971, Florida Statutes, is amended
 3795  to read:
 3796         409.971 Managed medical assistance program.—The agency
 3797  shall make payments for primary and acute medical assistance and
 3798  related services using a managed care model. By January 1, 2013,
 3799  the agency shall begin implementation of the statewide managed
 3800  medical assistance program, with full implementation in all
 3801  regions by October 1, 2014.
 3802         Revisers note.—Amended to delete obsolete language.
 3803         Section 103. Subsection (1) of section 409.978, Florida
 3804  Statutes, is amended to read:
 3805         409.978 Long-term care managed care program.—
 3806         (1) Pursuant to s. 409.963, the agency shall administer the
 3807  long-term care managed care program described in ss. 409.978
 3808  409.985, but may delegate specific duties and responsibilities
 3809  for the program to the Department of Elderly Affairs and other
 3810  state agencies. By July 1, 2012, the agency shall begin
 3811  implementation of the statewide long-term care managed care
 3812  program, with full implementation in all regions by October 1,
 3813  2013.
 3814         Revisers note.—Amended to delete obsolete language.
 3815         Section 104. Paragraph (i) of subsection (3) of section
 3816  411.226, Florida Statutes, is amended to read:
 3817         411.226 Learning Gateway.—
 3818         (3) LEARNING GATEWAY DEMONSTRATION PROJECTS.—
 3819         (i)The steering committee must approve, deny, or
 3820  conditionally approve a Learning Gateway proposal within 60 days
 3821  after receipt of the proposal. If a proposal is conditionally
 3822  approved, the steering committee must assist the Learning
 3823  Gateway applicant to correct deficiencies in the proposal by
 3824  December 1, 2002. Funds must be available to a pilot program 15
 3825  days after final approval of its proposal by the steering
 3826  committee. Funds must be available to all pilot programs by
 3827  January 1, 2003.
 3828         Revisers note.—Amended to delete an obsolete provision.
 3829         Section 105. Subsections (3) and (4) of section 411.228,
 3830  Florida Statutes, are amended to read:
 3831         411.228 Accountability.—
 3832         (3) The steering committee shall oversee a formative
 3833  evaluation of the project during implementation, including
 3834  reporting short-term outcomes and system improvements. By
 3835  January 2005, the steering committee shall make recommendations
 3836  to the Governor, the President of the Senate, the Speaker of the
 3837  House of Representatives, and the Commissioner of Education
 3838  related to the merits of expansion of the demonstration
 3839  projects.
 3840         (4) By January 1, 2005, The steering committee, in
 3841  conjunction with the demonstration projects, shall develop a
 3842  model county-level strategic plan to formalize the goals,
 3843  objectives, strategies, and intended outcomes of the
 3844  comprehensive system, and to support the integration and
 3845  efficient delivery of all services and supports for parents of
 3846  children from birth through age 9 who have learning problems or
 3847  learning disabilities. The model county-level strategic plan
 3848  must include, but need not be limited to, strategies to:
 3849         (a) Establish a system whereby parents can access
 3850  information about learning problems in young children and
 3851  receive services at their discretion;
 3852         (b) Improve early identification of those who are at risk
 3853  for learning problems and learning disabilities;
 3854         (c) Provide access to an appropriate array of services
 3855  within the childs natural environment or regular classroom
 3856  setting or specialized training in other settings;
 3857         (d) Improve and coordinate screening for children from
 3858  birth through age 9;
 3859         (e) Improve and coordinate services for children from birth
 3860  through age 9;
 3861         (f) Address training of professionals in effectively
 3862  identifying factors, across all domains, which place children
 3863  from birth through age 9 at risk of school failure and in
 3864  appropriate interventions for the learning differences;
 3865         (g) Provide appropriate support to families;
 3866         (h) Share best practices with caregivers and referral
 3867  sources;
 3868         (i) Address resource needs of the assessment and
 3869  intervention system; and
 3870         (j) Address development of implementation plans to
 3871  establish protocols for requiring and receiving parental consent
 3872  for services; to identify action steps, responsible parties, and
 3873  implementation schedules; and to ensure appropriate alignment
 3874  with agency strategic plans.
 3875         Revisers note.—Amended to delete obsolete language.
 3876         Section 106. Paragraphs (b) and (d) of subsection (2) of
 3877  section 413.271, Florida Statutes, are amended to read:
 3878         413.271 Florida Coordinating Council for the Deaf and Hard
 3879  of Hearing.—
 3880         (2)
 3881         (b) The coordinating council shall be composed of 17
 3882  members. The appointment of members not representing agencies
 3883  shall be made by the Governor. The appointment of members
 3884  representing organizations shall be made by the Governor in
 3885  consultation with those organizations. The membership shall be
 3886  as follows:
 3887         1. Two members representing the Florida Association of the
 3888  Deaf.
 3889         2. Two members representing the Florida Association of Self
 3890  Help for Hard of Hearing People.
 3891         3. A member representing the Association of Late-Deafened
 3892  Adults.
 3893         4. An individual who is deaf and blind.
 3894         5. A parent of an individual who is deaf.
 3895         6. A member representing the Deaf Service Center
 3896  Association.
 3897         7. A member representing the Florida Registry of
 3898  Interpreters for the Deaf.
 3899         8. A member representing the Florida Alexander Graham Bell
 3900  Association for the Deaf and Hard of Hearing.
 3901         9. A communication access realtime translator.
 3902         10. An audiologist licensed under part I of chapter 468.
 3903         11. A hearing aid specialist licensed under part II of
 3904  chapter 484.
 3905         12. The Secretary of Children and Families or his or her
 3906  designee.
 3907         13. The State Surgeon General or his or her designee.
 3908         14. The Commissioner of Education or his or her designee.
 3909         15. The Secretary of Elderly Affairs or his or her
 3910  designee.
 3911  
 3912  If any organization from which a representative is to be drawn
 3913  ceases to exist, a representative of a similar organization
 3914  shall be named to the coordinating council. The Governor shall
 3915  make appointments to the coordinating council no later than
 3916  August 1, 2004, and may remove any member for cause. Each member
 3917  shall be appointed to a term of 4 years. However, for the
 3918  purpose of providing staggered terms, of the initial
 3919  appointments not representing state agencies, seven members,
 3920  including the audiologist and the hearing aid specialist, shall
 3921  be appointed to 2-year terms and six members shall be appointed
 3922  to 4-year terms. Any vacancy on the coordinating council shall
 3923  be filled in the same manner as the original appointment, and
 3924  any member appointed to fill a vacancy occurring because of
 3925  death, resignation, or ineligibility for membership shall serve
 3926  only for the unexpired term of the members predecessor. Prior
 3927  to serving on the coordinating council, all appointees must
 3928  attend orientation training that shall address, at a minimum,
 3929  the provisions of this section; the programs operated by the
 3930  coordinating council; the role and functions of the coordinating
 3931  council; the current budget for the coordinating council; the
 3932  results of the most recent formal audit of the coordinating
 3933  council; and the requirements of the states public records law,
 3934  the code of ethics, the Administrative Procedure Act, and other
 3935  laws relating to public officials, including conflict-of
 3936  interest laws.
 3937         (d) The first meeting of the council shall be held no later
 3938  than August 1, 2004. The council members, at the organizational
 3939  meeting, shall elect by a majority vote of the members one
 3940  member to serve as chair of the council for a term of 1 year.
 3941  The council shall meet at least once each quarter. All meetings
 3942  are subject to the call of the chair. Nine members of the
 3943  council shall constitute a quorum.
 3944         Revisers note.—Amended to delete obsolete language.
 3945         Section 107. Subsection (6) of section 420.9071, Florida
 3946  Statutes, is amended to read:
 3947         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 3948  term:
 3949         (6) “Community-based organization” means a nonprofit
 3950  organization that has among its purposes the provision of
 3951  affordable housing to persons who have special needs or have
 3952  very low income, low income, or moderate income within a
 3953  designated area, which may include a municipality, a county, or
 3954  more than one municipality or county, and maintains, through a
 3955  minimum of one-third representation on the organizations
 3956  governing board, accountability to housing program beneficiaries
 3957  and residents of the designated area. A community housing
 3958  development organization established pursuant to 24 C.F.R. s.
 3959  92.2 and a community development corporation created pursuant to
 3960  chapter 290 are examples of community-based organizations.
 3961         Revisers Note.—Amended to delete obsolete language.
 3962         Section 108. Paragraph (g) of subsection (5) of section
 3963  420.9075, Florida Statutes, is amended to read:
 3964         420.9075 Local housing assistance plans; partnerships.—
 3965         (5) The following criteria apply to awards made to eligible
 3966  sponsors or eligible persons for the purpose of providing
 3967  eligible housing:
 3968         (g)1. All units constructed, rehabilitated, or otherwise
 3969  assisted with the funds provided from the local housing
 3970  assistance trust fund must be occupied by very-low-income
 3971  persons, low-income persons, and moderate-income persons except
 3972  as otherwise provided in this section.
 3973         2. At least 30 percent of the funds deposited into the
 3974  local housing assistance trust fund must be reserved for awards
 3975  to very-low-income persons or eligible sponsors who will serve
 3976  very-low-income persons and at least an additional 30 percent of
 3977  the funds deposited into the local housing assistance trust fund
 3978  must be reserved for awards to low-income persons or eligible
 3979  sponsors who will serve low-income persons. This subparagraph
 3980  does not apply to a county or an eligible municipality that
 3981  includes, or has included within the previous 5 years, an area
 3982  of critical state concern designated or ratified by the
 3983  Legislature for which the Legislature has declared its intent to
 3984  provide affordable housing. The exemption created by this act
 3985  expires on July 1, 2013, and shall apply retroactively.
 3986         Revisers Note.—Amended to delete obsolete language.
 3987         Section 109. Section 429.55, Florida Statutes, is amended
 3988  to read:
 3989         429.55 Consumer information website.—The Legislature finds
 3990  that consumers need additional information on the quality of
 3991  care and service in assisted living facilities in order to
 3992  select the best facility for themselves or their loved ones.
 3993  Therefore, the Agency for Health Care Administration shall
 3994  create content that is easily accessible through the home page
 3995  of the agencys website either directly or indirectly through
 3996  links to one or more other established websites of the agencys
 3997  choosing. The website must be searchable by facility name,
 3998  license type, city, or zip code. By November 1, 2015, the agency
 3999  shall include all content in its possession on the website and
 4000  add content when received from facilities. At a minimum, the
 4001  content must include:
 4002         (1) Information on each licensed assisted living facility,
 4003  including, but not limited to:
 4004         (a) The name and address of the facility.
 4005         (b) The name of the owner or operator of the facility.
 4006         (c) The number and type of licensed beds in the facility.
 4007         (d) The types of licenses held by the facility.
 4008         (e) The facilitys license expiration date and status.
 4009         (f) The total number of clients that the facility is
 4010  licensed to serve and the most recently available occupancy
 4011  levels.
 4012         (g) The number of private and semiprivate rooms offered.
 4013         (h) The bed-hold policy.
 4014         (i) The religious affiliation, if any, of the assisted
 4015  living facility.
 4016         (j) The languages spoken by the staff.
 4017         (k) Availability of nurses.
 4018         (l) Forms of payment accepted, including, but not limited
 4019  to, Medicaid, Medicaid long-term managed care, private
 4020  insurance, health maintenance organization, United States
 4021  Department of Veterans Affairs, CHAMPUS program, or workers
 4022  compensation coverage.
 4023         (m) Indication if the licensee is operating under
 4024  bankruptcy protection.
 4025         (n) Recreational and other programs available.
 4026         (o) Special care units or programs offered.
 4027         (p) Whether the facility is a part of a retirement
 4028  community that offers other services pursuant to this part or
 4029  part III of this chapter, part II or part III of chapter 400, or
 4030  chapter 651.
 4031         (q) Links to the State Long-Term Care Ombudsman Program
 4032  website and the programs statewide toll-free telephone number.
 4033         (r) Links to the websites of the providers.
 4034         (s) Other relevant information that the agency currently
 4035  collects.
 4036         (2) Survey and violation information for the facility,
 4037  including a list of the facilitys violations committed during
 4038  the previous 60 months, which on July 1, 2015, may include
 4039  violations committed on or after July 1, 2010. The list shall be
 4040  updated monthly and include for each violation:
 4041         (a) A summary of the violation, including all licensure,
 4042  revisit, and complaint survey information, presented in a manner
 4043  understandable by the general public.
 4044         (b) Any sanctions imposed by final order.
 4045         (c) The date the corrective action was confirmed by the
 4046  agency.
 4047         (3) Links to inspection reports that the agency has on
 4048  file.
 4049  
 4050  (4) The agency may adopt rules to administer this section.
 4051         Revisers note.—Amended to improve clarity. The language in
 4052         former subsection (4) applies to the whole section.
 4053         Section 110. Subsection (5) of section 430.0402, Florida
 4054  Statutes, is amended to read:
 4055         430.0402 Screening of direct service providers.—
 4056         (5)Individuals serving as direct service providers on July
 4057  31, 2011, must be screened by July 1, 2013. The department may
 4058  adopt rules to establish a schedule to stagger the
 4059  implementation of the required screening over a 1-year period,
 4060  beginning July 1, 2012, through July 1, 2013.
 4061         Revisers note.—Amended to delete obsolete .
 4062         Section 111. Section 440.103, Florida Statutes, is amended
 4063  to read:
 4064         440.103 Building permits; identification of minimum premium
 4065  policy.—Every employer shall, as a condition to applying for and
 4066  receiving a building permit, show proof and certify to the
 4067  permit issuer that it has secured compensation for its employees
 4068  under this chapter as provided in ss. 440.10 and 440.38. Such
 4069  proof of compensation must be evidenced by a certificate of
 4070  coverage issued by the carrier, a valid exemption certificate
 4071  approved by the department, or a copy of the employers
 4072  authority to self-insure and shall be presented, electronically
 4073  or physically, each time the employer applies for a building
 4074  permit. As provided in s. 553.79(21) 553.79(20), for the purpose
 4075  of inspection and record retention, site plans or building
 4076  permits may be maintained at the worksite in the original form
 4077  or in the form of an electronic copy. These plans and permits
 4078  must be open to inspection by the building official or a duly
 4079  authorized representative, as required by the Florida Building
 4080  Code. As provided in s. 627.413(5), each certificate of coverage
 4081  must show, on its face, whether or not coverage is secured under
 4082  the minimum premium provisions of rules adopted by rating
 4083  organizations licensed pursuant to s. 627.221. The words
 4084  “minimum premium policy” or equivalent language shall be typed,
 4085  printed, stamped, or legibly handwritten.
 4086         Revisers note.—Amended to conform to the redesignation of s.
 4087         553.79(20) as s. 553.79(21) by s. 5, ch. 2019-75, Laws of
 4088         Florida.
 4089         Section 112. Paragraph (h) of subsection (3) of section
 4090  443.131, Florida Statutes, is amended to read:
 4091         443.131 Contributions.—
 4092         (3) VARIATION OF CONTRIBUTION RATES BASED ON BENEFIT
 4093  EXPERIENCE.—
 4094         (h) Additional conditions for variation from the standard
 4095  rate.—An employers contribution rate may not be reduced below
 4096  the standard rate under this section unless:
 4097         1. All contributions, reimbursements, interest, and
 4098  penalties incurred by the employer for wages paid by him or her
 4099  in all previous calendar quarters, except the 4 calendar
 4100  quarters immediately preceding the calendar quarter or calendar
 4101  year for which the benefit ratio is computed, are paid;
 4102         2. The employer has produced for inspection and copying all
 4103  work records in his or her possession, custody, or control which
 4104  were requested by the Department of Economic Opportunity or its
 4105  tax collection service provider pursuant to s. 443.171(5). An
 4106  employer shall have at least 60 days to provide the requested
 4107  work records before the employer is assigned the standard rate;
 4108  and
 4109         3. The employer entitled to a rate reduction has must have
 4110  at least one annual payroll as defined in subparagraph (b)1.
 4111  unless the employer is eligible for additional credit under the
 4112  Federal Unemployment Tax Act. If the Federal Unemployment Tax
 4113  Act is amended or repealed in a manner affecting credit under
 4114  the federal act, this section applies only to the extent that
 4115  additional credit is allowed against the payment of the tax
 4116  imposed by the act.
 4117  
 4118  The tax collection service provider shall assign an earned
 4119  contribution rate to an employer for the quarter immediately
 4120  after the quarter in which all contributions, reimbursements,
 4121  interest, and penalties are paid in full and all work records
 4122  requested pursuant to s. 443.171(5) are produced for inspection
 4123  and copying by the Department of Economic Opportunity or the tax
 4124  collection service provider.
 4125         Revisers note.—Amended to improve clarity.
 4126         Section 113. Subsection (2) of section 446.021, Florida
 4127  Statutes, is amended to read:
 4128         446.021 Definitions of terms used in ss. 446.011-446.092.
 4129  As used in ss. 446.011-446.092, the term:
 4130         (2) “Apprentice” means a person at least 16 years of age
 4131  who is engaged in learning a recognized skilled trade through
 4132  actual work experience under the supervision of journeyworker
 4133  craftspersons journeyworkers craftsmen, which training should be
 4134  combined with properly coordinated studies of related technical
 4135  and supplementary subjects, and who has entered into a written
 4136  agreement, which may be cited as an apprentice agreement, with a
 4137  registered apprenticeship sponsor who may be either an employer,
 4138  an association of employers, or a local joint apprenticeship
 4139  committee.
 4140         Revisers note.—Amended to improve clarity.
 4141         Section 114. Paragraph (a) of subsection (2) of section
 4142  458.3475, Florida Statutes, is amended to read:
 4143         458.3475 Anesthesiologist assistants.—
 4144         (2) PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.—
 4145         (a) An anesthesiologist who directly supervises an
 4146  anesthesiologist assistant must be qualified in the medical
 4147  areas in which the anesthesiologist assistant performs and is
 4148  liable for the performance of the anesthesiologist assistant. An
 4149  anesthesiologist may only supervise two anesthesiologist
 4150  assistants at the same time. The board may, by rule, allow an
 4151  anesthesiologist to supervise up to four anesthesiologist
 4152  assistants, after July 1, 2008.
 4153         Revisers note.—Amended to delete obsolete language.
 4154         Section 115. Subsections (1) and (2) of section 458.351,
 4155  Florida Statutes, are amended to read:
 4156         458.351 Reports of adverse incidents in office practice
 4157  settings.—
 4158         (1) Any adverse incident that occurs on or after January 1,
 4159  2000, in any office maintained by a physician for the practice
 4160  of medicine which is not licensed under chapter 395 must be
 4161  reported to the department in accordance with the provisions of
 4162  this section.
 4163         (2) Any physician or other licensee under this chapter
 4164  practicing in this state must notify the department if the
 4165  physician or licensee was involved in an adverse incident that
 4166  occurred on or after January 1, 2000, in any office maintained
 4167  by a physician for the practice of medicine which is not
 4168  licensed under chapter 395.
 4169         Revisers note.—Amended to delete obsolete language.
 4170         Section 116. Paragraph (l) of subsection (1) of section
 4171  459.0055, Florida Statutes, is amended to read:
 4172         459.0055 General licensure requirements.—
 4173         (1) Except as otherwise provided herein, any person
 4174  desiring to be licensed or certified as an osteopathic physician
 4175  pursuant to this chapter shall:
 4176         (l) Demonstrate that she or he has successfully completed a
 4177  resident internship of not less than 12 months in a hospital
 4178  approved for this purpose by the Board of Trustees of the
 4179  American Osteopathic Association or any other internship program
 4180  approved by the board upon a showing of good cause by the
 4181  applicant. This requirement may be waived for an applicant who
 4182  matriculated in a college of osteopathic medicine during or
 4183  before 1948; and
 4184         Revisers note.—Amended to delete obsolete language.
 4185         Section 117. Paragraph (a) of subsection (2) of section
 4186  459.023, Florida Statutes, is amended to read:
 4187         459.023 Anesthesiologist assistants.—
 4188         (2) PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.—
 4189         (a) An anesthesiologist who directly supervises an
 4190  anesthesiologist assistant must be qualified in the medical
 4191  areas in which the anesthesiologist assistant performs and is
 4192  liable for the performance of the anesthesiologist assistant. An
 4193  anesthesiologist may only supervise two anesthesiologist
 4194  assistants at the same time. The board may, by rule, allow an
 4195  anesthesiologist to supervise up to four anesthesiologist
 4196  assistants, after July 1, 2008.
 4197         Revisers note.—Amended to delete obsolete language.
 4198         Section 118. Paragraph (b) of subsection (4) and paragraph
 4199  (a) of subsection (5) of section 464.019, Florida Statutes, are
 4200  amended to read:
 4201         464.019 Approval of nursing education programs.—
 4202         (4) INTERNET WEBSITE.—The board shall publish the following
 4203  information on its Internet website:
 4204         (b) The following data for each approved program, which
 4205  includes, to the extent applicable:
 4206         1. All documentation provided by the program in its program
 4207  application if submitted on or after July 1, 2009.
 4208         2. The summary description of the programs compliance
 4209  submitted under subsection (3).
 4210         3. The programs accreditation status, including
 4211  identification of the accrediting agency.
 4212         4. The programs probationary status.
 4213         5. The programs graduate passage rates for the most recent
 4214  2 calendar years.
 4215         6. Each programs retention rates for students tracked from
 4216  program entry to graduation.
 4217  
 4218  The information required to be published under this subsection
 4219  shall be made available in a manner that allows interactive
 4220  searches and comparisons of individual programs selected by the
 4221  website user. The board shall update the Internet website at
 4222  least quarterly with the available information.
 4223         (5) ACCOUNTABILITY.—
 4224         (a)1. An approved program must achieve a graduate passage
 4225  rate for first-time test takers which is not more than 10
 4226  percentage points lower than the average passage rate during the
 4227  same calendar year for graduates of comparable degree programs
 4228  who are United States educated, first-time test takers on the
 4229  National Council of State Boards of Nursing Licensing
 4230  Examination, as calculated by the contract testing service of
 4231  the National Council of State Boards of Nursing. For purposes of
 4232  this subparagraph, an approved program is comparable to all
 4233  degree programs of the same program type from among the
 4234  following program types:
 4235         a. Professional nursing education programs that terminate
 4236  in a bachelors degree.
 4237         b. Professional nursing education programs that terminate
 4238  in an associate degree.
 4239         c. Professional nursing education programs that terminate
 4240  in a diploma.
 4241         d. Practical nursing education programs.
 4242         2. Beginning with graduate passage rates for calendar year
 4243  2010, If an approved programs graduate passage rates do not
 4244  equal or exceed the required passage rates for 2 consecutive
 4245  calendar years, the board shall place the program on
 4246  probationary status pursuant to chapter 120 and the program
 4247  director shall appear before the board to present a plan for
 4248  remediation, which shall include specific benchmarks to identify
 4249  progress toward a graduate passage rate goal. The program must
 4250  remain on probationary status until it achieves a graduate
 4251  passage rate that equals or exceeds the required passage rate
 4252  for any 1 calendar year. The board shall deny a program
 4253  application for a new prelicensure nursing education program
 4254  submitted by an educational institution if the institution has
 4255  an existing program that is already on probationary status.
 4256         3. Upon the programs achievement of a graduate passage
 4257  rate that equals or exceeds the required passage rate, the
 4258  board, at its next regularly scheduled meeting following release
 4259  of the programs graduate passage rate by the National Council
 4260  of State Boards of Nursing, shall remove the programs
 4261  probationary status. If the program, during the 2 calendar years
 4262  following its placement on probationary status, does not achieve
 4263  the required passage rate for any 1 calendar year, the board may
 4264  extend the programs probationary status for 1 additional year,
 4265  provided the program has demonstrated adequate progress toward
 4266  the graduate passage rate goal by meeting a majority of the
 4267  benchmarks established in the remediation plan. If the program
 4268  is not granted the 1-year extension or fails to achieve the
 4269  required passage rate by the end of such extension, the board
 4270  shall terminate the program pursuant to chapter 120.
 4271         Revisers note.—Amended to delete obsolete language.
 4272         Section 119. Subsection (5) of section 465.0235, Florida
 4273  Statutes, is amended to read:
 4274         465.0235 Automated pharmacy systems used by long-term care
 4275  facilities, hospices, or state correctional institutions.—
 4276         (5) The board shall adopt rules governing the use of an
 4277  automated pharmacy system by January 1, 2005, which must
 4278  specify:
 4279         (a) Recordkeeping requirements;
 4280         (b) Security requirements; and
 4281         (c) Labeling requirements that permit the use of unit-dose
 4282  medications if the facility, hospice, or institution maintains
 4283  medication-administration records that include directions for
 4284  use of the medication and the automated pharmacy system
 4285  identifies:
 4286         1. The dispensing pharmacy;
 4287         2. The prescription number;
 4288         3. The name of the patient; and
 4289         4. The name of the prescribing practitioner.
 4290         Revisers note.—Amended to delete obsolete language.
 4291         Section 120. Subsection (8) of section 471.005, Florida
 4292  Statutes, is amended to read:
 4293         471.005 Definitions.—As used in this chapter, the term:
 4294         (8) “License” means the licensing of engineers or to
 4295  practice engineering in this state.
 4296         Revisers note.—Amended to confirm the editorial deletion of the
 4297         word “or” to improve clarity.
 4298         Section 121. Subsection (3) of section 480.046, Florida
 4299  Statutes, is amended to read:
 4300         480.046 Grounds for disciplinary action by the board.—
 4301         (3) The board shall revoke or suspend the license of a
 4302  massage establishment licensed under this act, or to deny
 4303  subsequent licensure of such an establishment, if any of the
 4304  following occurs:
 4305         (a) The license has been obtained by fraud or
 4306  misrepresentation.
 4307         (b) The holder of a license is guilty of fraud or deceit or
 4308  of gross negligence, incompetency, or misconduct in the
 4309  operation of a massage establishment.
 4310         (c) The establishment owner, the designated establishment
 4311  manager, or any individual providing massage therapy services
 4312  for the establishment has had the entry in any jurisdiction of:
 4313         1. A final order or other disciplinary action taken for
 4314  sexual misconduct involving prostitution;
 4315         2. A final order or other disciplinary action taken for
 4316  crimes related to the practice of massage therapy involving
 4317  prostitution; or
 4318         3. A conviction or a plea of guilty or nolo contendere to
 4319  any misdemeanor or felony crime, regardless of adjudication,
 4320  related to prostitution or related acts as described in s.
 4321  796.07.
 4322         Revisers note.—Amended to confirm the editorial deletion of the
 4323         word “to” to improve clarity.
 4324         Section 122. Subsection (1) of section 482.227, Florida
 4325  Statutes, is amended to read:
 4326         482.227 Guarantees and warranties; contracts executed after
 4327  October 1, 2003.—
 4328         (1) The Legislature finds that the terms “guarantee” and
 4329  “warranty” are common in contracts for the treatment of wood
 4330  destroying organisms. The purpose of this section is to assure
 4331  that contract language describing a “guarantee” or “warranty” is
 4332  clear and easily identifiable for the protection of consumers
 4333  and licensees. Therefore the following provisions shall apply to
 4334  each new contract for the treatment of wood-destroying organisms
 4335  issued by the licensee and signed by the customer after October
 4336  1, 2003.
 4337         Revisers note.—Amended to delete obsolete language.
 4338         Section 123. Subsection (2) of section 491.009, Florida
 4339  Statutes, is amended to read:
 4340         491.009 Discipline.—
 4341         (2) The department, or, in the case of psychologists, the
 4342  Board of Psychology board, may enter an order denying licensure
 4343  or imposing any of the penalties in s. 456.072(2) against any
 4344  applicant for licensure or licensee who is found guilty of
 4345  violating any provision of subsection (1) of this section or who
 4346  is found guilty of violating any provision of s. 456.072(1).
 4347         Revisers note.—Amended to improve clarity. For purposes of
 4348         chapter 491, “board” is defined as the Board of Clinical
 4349         Social Work, Marriage and Family Therapy, and Mental Health
 4350         Counseling; psychologists are regulated under chapter 490,
 4351         and the regulatory board defined for purposes of that
 4352         chapter is the Board of Psychology.
 4353         Section 124. Paragraph (f) of subsection (2) of section
 4354  494.00611, Florida Statutes, is amended to read:
 4355         494.00611 Mortgage lender license.—
 4356         (2) In order to apply for a mortgage lender license, an
 4357  applicant must:
 4358         (f) Submit a copy of the applicants financial audit report
 4359  for the most recent fiscal year, pursuant to United States
 4360  generally accepted accounting principles. If the applicant is a
 4361  wholly owned subsidiary of another corporation, the financial
 4362  audit report for the parent corporation satisfies this
 4363  requirement. The commission may establish by rule the form and
 4364  procedures for filing the financial audit report, including the
 4365  requirement to file the report with the registry when technology
 4366  is available. The financial audit report must document that the
 4367  applicant has a bona fide and verifiable net worth, of at least
 4368  $63,000 if the applicant is not seeking a servicing endorsement,
 4369  or at least $250,000 if the applicant is seeking a servicing
 4370  endorsement, which must be continuously maintained as a
 4371  condition of licensure. However, if the applicant held an active
 4372  license issued before October 1, 2010, pursuant to former s.
 4373  494.0065, and the applicant is seeking a servicing endorsement,
 4374  the minimum net worth requirement:
 4375         1.Until September 30, 2011, is $63,000.
 4376         2. Between October 1, 2011, and September 30, 2012, is
 4377  $125,000.
 4378         3. On or after October 1, 2012, is $250,000.
 4379         Revisers note.—Amended to delete obsolete language.
 4380         Section 125. Section 497.262, Florida Statutes, is amended
 4381  to read:
 4382         497.262 Duty of care and maintenance of licensed cemetery.
 4383  Every cemetery company or other entity responsible for the care
 4384  and maintenance of a licensed cemetery in this state shall
 4385  ensure that the grounds, structures, and other improvements of
 4386  the cemetery are well cared for and maintained in a proper and
 4387  dignified condition. The licensing authority shall adopt, by no
 4388  later than July 1, 1999, such rules as are necessary to
 4389  implement and enforce this section. In developing and adopting
 4390  such rules, the licensing authority may define different classes
 4391  of cemeteries or care and maintenance, and may provide for
 4392  different rules to apply to each of said classes, if the
 4393  designation of classes and the application of different rules is
 4394  in the public interest and is supported by findings by the
 4395  licensing authority based on evidence of industry practices,
 4396  economic and physical feasibility, location, or intended uses;
 4397  provided, that the rules shall provide minimum standards
 4398  applicable to all cemeteries. For example, and without limiting
 4399  the generality of the foregoing, the licensing authority may
 4400  determine that a small rural cemetery with large trees and shade
 4401  area does not require, and may not be able to attain, the same
 4402  level of lawn care as a large urban cemetery with large open
 4403  grassy areas and sprinkler systems.
 4404         Revisers note.—Amended to delete obsolete language.
 4405         Section 126. Subsection (5) of section 497.607, Florida
 4406  Statutes, is amended to read:
 4407         497.607 Cremation; procedure required.—
 4408         (5) In regard to human remains delivered to the control of
 4409  the anatomical board of this state headquartered at the
 4410  University of Florida Health Science Center, the provisions of
 4411  this subsection and chapter shall not be construed to prohibit
 4412  the anatomical board from causing the final disposition of such
 4413  human remains through cremation or otherwise when performed in
 4414  facilities owned and operated by such anatomical board or the
 4415  University of Florida Health Science Center pursuant to and
 4416  using such processes, equipment, and procedures as said
 4417  anatomical board determines to be proper and adequate.
 4418         Revisers note.—Amended to improve clarity.
 4419         Section 127. Section 506.20, Florida Statutes, is amended
 4420  to read:
 4421         506.20 Filing and recording of marks and brands on field
 4422  boxes.—Any person desiring to avail herself or himself of the
 4423  benefits of ss. 506.19-506.28, may make application to the
 4424  Department of Agriculture and Consumer Services and shall file
 4425  with such department a true copy and description of such
 4426  identifying mark or brand, which, if entitled thereto under the
 4427  provisions of ss. 506.19-506.28, shall be filed and recorded by
 4428  such department in a book to be provided and kept by it for that
 4429  purpose, and the name of the owner of such brand or mark shall
 4430  be likewise entered into such record, and such department shall
 4431  then assign or designate a permanent registered number to the
 4432  owner of such brand or mark, said number to be assigned
 4433  progressively as marks and brands are received and recorded, and
 4434  the registered number so assigned shall then become a part of
 4435  the registered brand or mark and shall plainly and distinctly be
 4436  made to appear on such field boxes, pallets, crates, receptacles
 4437  and containers, together with the identifying mark or brand
 4438  referred to in s. 506.19 hereof. The department shall determine
 4439  if such brand or mark so applied for is not a duplication of any
 4440  brand or mark previously recorded by or with it, or does not so
 4441  closely resemble the same as to be misleading or deceiving. If
 4442  the brand or mark applied for does so resemble or is such a
 4443  duplication of previously recorded brands or marks as to be
 4444  misleading or deceiving, the application shall be denied and the
 4445  applicant may file some other brand or mark in the manner
 4446  described above. The books and records previously kept by the
 4447  Secretary of State shall be transferred to the Commissioner of
 4448  Agriculture upon the effective date of this act.
 4449         Revisers note.—Amended to delete obsolete language.
 4450         Section 128. Subsection (2) of section 509.096, Florida
 4451  Statutes, is amended to read:
 4452         509.096 Human trafficking awareness training and policies
 4453  for employees of public lodging establishments; enforcement.—
 4454         (2) The human trafficking awareness training required under
 4455  paragraph (1)(a) must be submitted to and approved by the
 4456  Department of Business and Professional Regulation and must
 4457  include all of the following:
 4458         (a) The definition of human trafficking and the difference
 4459  between the two forms of human trafficking: sex trafficking and
 4460  labor trafficking.
 4461         (b) Guidance specific to the public lodging sector
 4462  concerning how to identify individuals who may be victims of
 4463  human trafficking.
 4464         (c) Guidance concerning the role of the employees of a
 4465  public lodging establishment in reporting and responding to
 4466  suspected human trafficking.
 4467         Revisers note.—Amended to confirm the editorial insertion of
 4468         the word “and” to improve clarity.
 4469         Section 129. Subsection (1) and paragraph (a) of subsection
 4470  (3) of section 526.143, Florida Statutes, are amended to read:
 4471         526.143 Alternate generated power capacity for motor fuel
 4472  dispensing facilities.—
 4473         (1) By June 1, 2007, Each motor fuel terminal facility, as
 4474  defined in s. 526.303(16), and each wholesaler, as defined in s.
 4475  526.303(17), which sells motor fuel in this state must be
 4476  capable of operating its distribution loading racks using an
 4477  alternate generated power source for a minimum of 72 hours.
 4478  Pending a postdisaster examination of the equipment by the
 4479  operator to determine any extenuating damage that would render
 4480  it unsafe to use, the facility must have such alternate
 4481  generated power source available for operation no later than 36
 4482  hours after a major disaster as defined in s. 252.34.
 4483  Installation of appropriate wiring, including a transfer switch,
 4484  shall be performed by a certified electrical contractor. Each
 4485  business that is subject to this subsection must keep a copy of
 4486  the documentation of such installation on site or at its
 4487  corporate headquarters. In addition, each business must keep a
 4488  written statement attesting to the periodic testing and ensured
 4489  operational capacity of the equipment. The required documents
 4490  must be made available, upon request, to the Division of
 4491  Emergency Management and the director of the county emergency
 4492  management agency.
 4493         (3)(a) No later than June 1, 2007, Each motor fuel retail
 4494  outlet described in subparagraph 1., subparagraph 2., or
 4495  subparagraph 3., which is located within one-half mile proximate
 4496  to an interstate highway or state or federally designated
 4497  evacuation route must be prewired with an appropriate transfer
 4498  switch and be capable of operating all fuel pumps, dispensing
 4499  equipment, lifesafety systems, and payment-acceptance equipment
 4500  using an alternate generated power source:
 4501         1. A motor fuel retail outlet located in a county having a
 4502  population of 300,000 or more which has 16 or more fueling
 4503  positions.
 4504         2. A motor fuel retail outlet located in a county having a
 4505  population of 100,000 or more, but fewer than 300,000, which has
 4506  12 or more fueling positions.
 4507         3. A motor fuel retail outlet located in a county having a
 4508  population of fewer than 100,000 which has eight or more fueling
 4509  positions.
 4510         Revisers note.—Amended to delete obsolete language.
 4511         Section 130. Section 534.041, Florida Statutes, is amended
 4512  to read:
 4513         534.041 Renewal of certificate of mark or brand.—The
 4514  registration of a mark or brand entitles the registered owner to
 4515  exclusive ownership and use of the mark or brand for a period
 4516  ending at midnight on the last day of the month 10 years after
 4517  the date of registration. Upon application, registration may be
 4518  renewed for successive 10-year periods, each ending at midnight
 4519  on the last day of the month 10 years after the date of renewal.
 4520  At least 60 days before the expiration of a registration, the
 4521  department shall notify by letter the registered owner of the
 4522  mark or brand that, upon application for renewal and payment of
 4523  the renewal fee, the department will issue a renewal certificate
 4524  granting the registered owner exclusive ownership and use of the
 4525  mark or brand for another 10-year period ending at midnight on
 4526  the last day of the month 10 years after the date of renewal.
 4527  Failure to make application for renewal within the month of
 4528  expiration of a registration will cause the department to send a
 4529  second notice to the registered owner by mail at her or his last
 4530  known address. Failure of the registered owner to make
 4531  application for renewal within 30 days after receipt of the
 4532  second notice will cause the owners mark or brand to be placed
 4533  on an inactive list for a period of 12 months, after which it
 4534  will be canceled and become subject to registration by another
 4535  person.
 4536         Revisers note.—Amended to conform to the fact that s. 32, ch.
 4537         2017-85, Laws of Florida, amended this section to eliminate
 4538         the renewal fee.
 4539         Section 131. Paragraph (a) of subsection (16) of section
 4540  553.79, Florida Statutes, is amended to read:
 4541         553.79 Permits; applications; issuance; inspections.—
 4542         (16)(a) A local enforcement agency may not deny issuance of
 4543  a building permit to; issue a notice of violation to; or fine,
 4544  penalize, sanction, or assess fees against an arms-length
 4545  purchaser of a property for value solely because a building
 4546  permit was applied for by a previous owner of the property was
 4547  not closed. The local enforcement agency shall maintain all
 4548  rights and remedies against the property owner and contractor
 4549  listed on the permit.
 4550         Revisers note.—Amended to confirm the editorial deletion of the
 4551         word “was” to improve clarity.
 4552         Section 132. Paragraph (b) of subsection (15) of section
 4553  553.791, Florida Statutes, is amended to read:
 4554         553.791 Alternative plans review and inspection.—
 4555         (15)
 4556         (b) A local enforcement agency, local building official, or
 4557  local government may establish, for private providers and duly
 4558  authorized representatives working within that jurisdiction, a
 4559  system of registration to verify compliance with the licensure
 4560  requirements of paragraph (1)(j) (1)(i) and the insurance
 4561  requirements of subsection (16).
 4562         Revisers note.—Amended to conform to the redesignation of
 4563         paragraph (1)(i) as paragraph (1)(j) by s. 14, ch. 2019
 4564         165, Laws of Florida.
 4565         Section 133. Paragraph (a) of subsection (5) of section
 4566  563.06, Florida Statutes, is amended to read:
 4567         563.06 Malt beverages; imprint on individual container;
 4568  size of containers; exemptions.—
 4569         (5)(a) Nothing contained in this section shall require that
 4570  malt beverages packaged in individual containers and possessed
 4571  by any person in the state for purposes of sale or resale in the
 4572  state have imprinted thereon the word “Florida” or “FL” if the
 4573  manufacturer of the malt beverages can establish before the
 4574  division that the manufacturer has a tracking system in place,
 4575  by use of code or otherwise, which enables the manufacturer,
 4576  with at least 85 percent reliability by July 1, 1996, and 90
 4577  percent reliability by January 1, 2000, to identify the
 4578  following:
 4579         1. The place where individual containers of malt beverages
 4580  were produced;
 4581         2. The state into which the individual containers of malt
 4582  beverages were shipped; and
 4583         3. The individual distributors within the state which
 4584  received the individual containers of malt beverages.
 4585         Revisers note.—Amended to delete obsolete language.
 4586         Section 134. Paragraph (e) of subsection (2) of section
 4587  578.11, Florida Statutes, is amended to read:
 4588         578.11 Duties, authority, and rules of the department.—
 4589         (2) The department is authorized to:
 4590         (e) Prescribe limitations for each restricted noxious weed
 4591  to be used in enforcement of this chapter and to add or subtract
 4592  therefrom from time to time as the need may arise.
 4593         Revisers note—Amended to confirm the editorial deletion of the
 4594         word “to” to improve clarity.
 4595         Section 135. Subsection (5) of section 581.184, Florida
 4596  Statutes, is amended to read:
 4597         581.184 Adoption of rules; citrus disease management.—
 4598         (5) Owners or operators of nonproduction vehicles and
 4599  equipment shall follow the department guidelines for citrus
 4600  canker decontamination effective June 15, 2000.
 4601         Revisers note—Amended to delete obsolete language.
 4602         Section 136. Subsection (9) of section 607.0141, Florida
 4603  Statutes, is amended to read:
 4604         607.0141 Notice.—
 4605         (9) Receipt of an electronic acknowledgment from an
 4606  information processing system described in subparagraph (5)(a)4.
 4607  paragraph (5)(d) establishes that an electronic transmission was
 4608  received, but, by itself, does not establish that the content
 4609  sent corresponds to the content received.
 4610         Revisers note—Amended to correct an erroneous reference.
 4611         Paragraph (5)(d) does not exist; subparagraph (5)(a)4.
 4612         describes an information processing system.
 4613         Section 137. Paragraph (a) of subsection (2) of section
 4614  607.0732, Florida Statutes, is amended to read:
 4615         607.0732 Shareholder agreements.—
 4616         (2) An agreement authorized by this section shall be:
 4617         (a)1. Set forth or referenced in the articles of
 4618  incorporation or bylaws and approved by all persons who are
 4619  shareholders at the time of the agreement; or
 4620         2. Set forth in a written agreement that is signed by all
 4621  persons who are shareholders at the time of the agreement and
 4622  such written agreement is made known to the corporation; and
 4623         Revisers note—Amended to improve clarity.
 4624         Section 138. Section 624.4055, Florida Statutes, is amended
 4625  to read:
 4626         624.4055 Restrictions on existing private passenger
 4627  automobile insurance.—Effective January 1, 2008, No insurer
 4628  writing private passenger automobile insurance in this state may
 4629  continue to write such insurance if the insurer writes
 4630  homeowners insurance in another state but not in this state,
 4631  unless the insurer writing private passenger automobile
 4632  insurance in this state is affiliated with an insurer writing
 4633  homeowners insurance in this state.
 4634         Revisers note—Amended to delete obsolete language.
 4635         Section 139. Section 624.40711, Florida Statutes, is
 4636  amended to read:
 4637         624.40711 Restrictions on insurers that are wholly owned
 4638  subsidiaries of insurers to do business in state.—Effective
 4639  December 31, 2008, and Notwithstanding any other provision of
 4640  law:
 4641         (1) A new certificate of authority for the transaction of
 4642  residential property insurance may not be issued to any insurer
 4643  domiciled in this state that is a wholly owned subsidiary of an
 4644  insurer authorized to do business in any other state.
 4645         (2) The rate filings of any insurer domiciled in this state
 4646  that is a wholly owned subsidiary of an insurer authorized to do
 4647  business in any other state shall include information relating
 4648  to the profits of the parent company of the insurer domiciled in
 4649  this state.
 4650         Revisers note—Amended to delete obsolete language.
 4651         Section 140. Subsection (15) of section 624.610, Florida
 4652  Statutes, is amended to read:
 4653         624.610 Reinsurance.—
 4654         (15) Any reinsurer approved pursuant to s. 624.610(3)(a)2.,
 4655  as such provision existed prior to July 1, 2000, which fails to
 4656  obtain accreditation pursuant to this section prior to December
 4657  30, 2003, shall have its approval terminated by operation of law
 4658  on that date.
 4659         Revisers note.—Amended to delete an obsolete provision.
 4660         Section 141. Subsection (4) of section 625.091, Florida
 4661  Statutes, is amended to read:
 4662         625.091 Losses and loss adjustment expense reserves;
 4663  liability insurance and workers compensation insurance.—The
 4664  reserve liabilities recorded in the insurers annual statement
 4665  and financial statements for u losses and loss adjustment
 4666  expenses shall be the estimated value of its claims when
 4667  ultimately settled and shall be computed as follows:
 4668         (4)(a) Accounting credit for anticipated recoveries from
 4669  the Special Disability Trust Fund may only be taken in the
 4670  determination of loss reserves and may not be reflected on the
 4671  financial statements in any manner other than that allowed
 4672  pursuant to this subsection.
 4673         (b)1. For calendar years 1999-2003, an insurer recording
 4674  anticipated recoveries from the Special Disability Trust Fund
 4675  shall limit the aggregate amount to the amount management
 4676  reasonably expects will be reimbursed or the following amount,
 4677  whichever is lower:
 4678         a. For financial statements filed in 2000, an insurer may
 4679  take accounting credit in an amount equaling 80 percent of the
 4680  amount utilized in calendar year 1996.
 4681         b. For financial statements filed in 2001, an insurer may
 4682  take accounting credit in an amount equaling 60 percent of the
 4683  amount utilized in calendar year 1996.
 4684         c. For financial statements filed in 2002, an insurer may
 4685  take accounting credit in an amount equaling 40 percent of the
 4686  amount utilized in calendar year 1996.
 4687         d. For financial statements filed in 2003, an insurer may
 4688  take accounting credit in an amount equaling 20 percent of the
 4689  amount utilized in calendar year 1996.
 4690         2. Subparagraph 1. does not apply to an insurer recording
 4691  anticipated recoveries from the Special Disability Trust Fund on
 4692  the basis of:
 4693         a. A proof of claim which the fund has reviewed, determined
 4694  to be a valid claim and so notified the carrier, and extended a
 4695  payment offer; or
 4696         b. A reimbursement request audited and approved for payment
 4697  or paid by the fund;
 4698         (b)(c)Beginning with financial statements filed in 2004,
 4699  An insurer may only take accounting credit for anticipated
 4700  recoveries from the Special Disability Trust Fund for each proof
 4701  of claim which the fund has reviewed, determined to be a valid
 4702  claim and so notified the carrier, and extended a payment offer;
 4703  or a reimbursement request audited and approved for payment or
 4704  paid by the fund.
 4705         (c)(d)1. Beginning in calendar year 1998, Each insurer
 4706  shall separately identify anticipated recoveries from the
 4707  Special Disability Trust Fund on the annual statement required
 4708  to be filed pursuant to s. 624.424.
 4709         2. For all financial statements filed with the office, each
 4710  insurer shall disclose in the notes to the financial statements
 4711  of any financial statement required to be filed pursuant to s.
 4712  624.424 any credit in loss reserves taken for anticipated
 4713  recoveries from the Special Disability Trust Fund. That
 4714  disclosure shall include:
 4715         a. The amount of credit taken by the insurer in the
 4716  determination of its loss reserves for the prior calendar year
 4717  and the current reporting period on a year-to-date basis.
 4718         b. The amount of payments received by the insurer from the
 4719  Special Disability Trust Fund during the prior calendar year and
 4720  the year-to-date recoveries for the current year.
 4721         c. The amount the insurer was assessed by the Special
 4722  Disability Trust Fund during the prior calendar year and during
 4723  the current calendar year.
 4724         Revisers note.—Amended to delete obsolete language.
 4725         Section 142. Subsection (6) of section 625.161, Florida
 4726  Statutes, is amended to read:
 4727         625.161 Valuation of property.—
 4728         (6) Any insurer that reported real estate as of December
 4729  31, 2000, with a value in excess of that allowed by subsection
 4730  (1) shall comply with the requirements of that subsection
 4731  beginning January 1, 2001.
 4732         Revisers note.—Amended to delete obsolete language.
 4733         Section 143. Subsection (3) of section 626.785, Florida
 4734  Statutes, is amended to read:
 4735         626.785 Qualifications for license.—
 4736         (3) Notwithstanding any other provisions of this chapter, a
 4737  funeral director, a direct disposer, or an employee of a funeral
 4738  establishment that holds a preneed license certificate of
 4739  authority pursuant to s. 497.452 may obtain an agents license
 4740  to sell only policies of life insurance covering the expense of
 4741  a prearrangement for funeral services or merchandise so as to
 4742  provide funds at the time the services and merchandise are
 4743  needed. The face amount of insurance covered by any such policy
 4744  shall not exceed $21,000, plus an annual percentage increase
 4745  based on the Annual Consumer Price Index compiled by the United
 4746  States Department of Labor, beginning with the Annual Consumer
 4747  Price Index announced by the United States Department of Labor
 4748  for 2016.
 4749         Revisers note.—Amended to conform to the amendment and transfer
 4750         of s. 497.405, which referenced certificate of authority,
 4751         to s. 497.452, referencing preneed licenses, by s. 101, ch.
 4752         2004-301, Laws of Florida. Section 52, ch. 2005-155, Laws
 4753         of Florida, updated the cross-reference but did not update
 4754         the “certificate of authority” reference.
 4755         Section 144. Subsection (3) of section 626.9913, Florida
 4756  Statutes, is amended to read:
 4757         626.9913 Viatical settlement provider license continuance;
 4758  annual report; fees; deposit.—
 4759         (3) To ensure the faithful performance of its obligations
 4760  to its viators in the event of insolvency or the loss of its
 4761  license, a viatical settlement provider licensee must deposit
 4762  and maintain deposited in trust with the department securities
 4763  eligible for deposit under s. 625.52, having at all times a
 4764  value of not less than $100,000; however, a viatical settlement
 4765  provider licensed in this state prior to June 1, 2004, which has
 4766  deposited and maintains continuously deposited in trust with the
 4767  department securities in the amount of $25,000 and which posted
 4768  and maintains continuously posted a security bond acceptable to
 4769  the department in the amount of $75,000, has until June 1, 2005,
 4770  to comply with the requirements of this subsection.
 4771         Revisers note.—Amended to delete obsolete language.
 4772         Section 145. Subsection (1) of section 626.99175, Florida
 4773  Statutes, is amended to read:
 4774         626.99175 Life expectancy providers; registration required;
 4775  denial, suspension, revocation.—
 4776         (1) After July 1, 2006, A person may not perform the
 4777  functions of a life expectancy provider without first having
 4778  registered as a life expectancy provider, except as provided in
 4779  subsection (6).
 4780         Revisers note.—Amended to delete obsolete language.
 4781         Section 146. Subsections (3) and (4) of section 626.992,
 4782  Florida Statutes, are amended to read:
 4783         626.992 Use of licensed viatical settlement providers,
 4784  viatical settlement brokers, and registered life expectancy
 4785  providers required.—
 4786         (3) After July 1, 2006, A person may not operate as a life
 4787  expectancy provider unless such person is registered as a life
 4788  expectancy provider pursuant to this act.
 4789         (4) After July 1, 2006, A viatical settlement provider,
 4790  viatical settlement broker, or any other person in the business
 4791  of viatical settlements may not obtain life expectancies from a
 4792  person who is not registered as a life expectancy provider
 4793  pursuant to this act.
 4794         Revisers note.—Amended to delete obsolete language.
 4795         Section 147. Subsections (2) and (3) of section 627.021,
 4796  Florida Statutes, are amended to read:
 4797         627.021 Scope of this part.—
 4798         (2) This part chapter does not apply to:
 4799         (a) Reinsurance, except joint reinsurance as provided in s.
 4800  627.311.
 4801         (b) Insurance against loss of or damage to aircraft, their
 4802  hulls, accessories, or equipment, or against liability, other
 4803  than workers compensation and employers liability, arising out
 4804  of the ownership, maintenance, or use of aircraft.
 4805         (c) Insurance of vessels or craft, their cargoes, marine
 4806  builders risks, marine protection and indemnity, or other risks
 4807  commonly insured under marine insurance policies.
 4808         (d) Commercial inland marine insurance.
 4809         (e) Surplus lines insurance placed under the provisions of
 4810  ss. 626.913-626.937.
 4811         (3) For the purposes of this part chapter, all motor
 4812  vehicle insurance shall be deemed to be casualty insurance only.
 4813         Revisers note.—Amended to correct a cross-reference. The
 4814         reference to “this chapter” is from s. 413, ch. 59-205,
 4815         Laws of Florida; in that context, the reference was to
 4816         chapter 16 of the Florida Insurance Code enacted by that
 4817         act. Chapter 16 became part I of chapter 627 per
 4818         codification by the revisers office.
 4819         Section 148. Paragraph (a) of subsection (7) of section
 4820  627.4133, Florida Statutes, is amended to read:
 4821         627.4133 Notice of cancellation, nonrenewal, or renewal
 4822  premium.—
 4823         (7)(a) Effective August 1, 2007, With respect to any
 4824  residential property insurance policy, every notice of renewal
 4825  premium must specify:
 4826         1. The dollar amounts recouped for assessments by the
 4827  Florida Hurricane Catastrophe Fund, the Citizens Property
 4828  Insurance Corporation, and the Florida Insurance Guaranty
 4829  Association. The actual names of the entities must appear next
 4830  to the dollar amounts.
 4831         2. The dollar amount of any premium increase that is due to
 4832  an approved rate increase and the total dollar amount that is
 4833  due to coverage changes.
 4834         Revisers note.—Amended to delete obsolete language.
 4835         Section 149. Paragraph (b) of subsection (1) of section
 4836  627.4147, Florida Statutes, is amended to read:
 4837         627.4147 Medical malpractice insurance contracts.—
 4838         (1) In addition to any other requirements imposed by law,
 4839  each self-insurance policy as authorized under s. 627.357 or s.
 4840  624.462 or insurance policy providing coverage for claims
 4841  arising out of the rendering of, or the failure to render,
 4842  medical care or services, including those of the Florida Medical
 4843  Malpractice Joint Underwriting Association, shall include:
 4844         (b)1. A clause clearly stating whether or not the insured
 4845  has the exclusive right to veto any offer of admission of
 4846  liability and for arbitration pursuant to s. 766.106, settlement
 4847  offer, or offer of judgment if the offer is within policy
 4848  limits. An insurer or self-insurer shall not make or conclude,
 4849  without the permission of the insured, any offer of admission of
 4850  liability and for arbitration pursuant to s. 766.106, settlement
 4851  offer, or offer of judgment, if such offer is outside the policy
 4852  limits. However, any offer for admission of liability and for
 4853  arbitration made under s. 766.106, settlement offer, or offer of
 4854  judgment made by an insurer or self-insurer shall be made in
 4855  good faith and in the best interest of the insured.
 4856         2. If the policy contains a clause stating the insured does
 4857  not have the exclusive right to veto any offer or admission of
 4858  liability and for arbitration made pursuant to s. 766.106,
 4859  settlement offer or offer of judgment, the insurer or self
 4860  insurer shall provide to the insured or the insureds legal
 4861  representative by certified mail, return receipt requested, a
 4862  copy of the final offer of admission of liability and for
 4863  arbitration made pursuant to s. 766.106, settlement offer or
 4864  offer of judgment and at the same time such offer is provided to
 4865  the claimant. A copy of any final agreement reached between the
 4866  insurer and claimant shall also be provided to the insured
 4867  insurer or his or her legal representative by certified mail,
 4868  return receipt requested not more than 10 days after affecting
 4869  such agreement.
 4870         Revisers note.—Amended to correct an apparent error.
 4871         Section 150. Subsection (3) of section 627.443, Florida
 4872  Statutes, is amended to read:
 4873         627.443 Essential health benefits.—
 4874         (3) This section specifically authorizes an insurer or
 4875  health maintenance organization to include any combination of
 4876  services or coverages required by any one state or a combination
 4877  of states to provide the 10 categories of essential health
 4878  benefits required under PPACA in a policy or contract issued in
 4879  this state.
 4880         Revisers note.—Amended to confirm the editorial insertion of
 4881         the word “state.”
 4882         Section 151. Paragraph (b) of subsection (4) of section
 4883  627.6561, Florida Statutes, is amended to read:
 4884         627.6561 Preexisting conditions.—
 4885         (4)
 4886         (b) Subparagraphs (a)1. and 2. 1. and 2. do not apply to an
 4887  individual after the end of the first 63-day period during all
 4888  of which the individual was not covered under any creditable
 4889  coverage.
 4890         Revisers note.—Amended to correct cross-references. Paragraph
 4891         (b) is not divided into subparagraphs; the correct
 4892         reference is to subparagraphs (a)1. and 2.
 4893         Section 152. Paragraph (c) of subsection (3) of section
 4894  634.061, Florida Statutes, is amended to read:
 4895         634.061 Application for and issuance of license.—
 4896         (3) The application when filed shall be accompanied by:
 4897         (c) The license fee tax as required under s. 634.071.
 4898         Revisers note.—Amended to conform to the language used by the
 4899         amendment to s. 634.071 by s. 15, ch. 91-106, Laws of
 4900         Florida.
 4901         Section 153. Subsection (2) of section 636.228, Florida
 4902  Statutes, is amended to read:
 4903         636.228 Marketing of discount plans.—
 4904         (2) The discount plan organization must have an executed
 4905  written agreement with a marketer before the marketer markets,
 4906  promotes, sells, or distributes marketers marketing, promoting,
 4907  selling, or distributing the discount plan. Such agreement must
 4908  prohibit the marketer from using marketing materials, brochures,
 4909  and discount cards without the approval in writing by the
 4910  discount plan organization. The discount plan organization may
 4911  delegate functions to its marketers but shall be bound by any
 4912  acts of its marketers, within the scope of the delegation, which
 4913  do not comply with this part.
 4914         Revisers note.—Amended to improve clarity.
 4915         Section 154. Subsection (45) of section 641.31, Florida
 4916  Statutes, is amended to read:
 4917         641.31 Health maintenance contracts.—
 4918         (45) A contract between a health maintenance organization
 4919  issuing major medical individual or group coverage and a
 4920  telehealth provider, as defined in s. 456.47, must be voluntary
 4921  between the health maintenance organization and the provider and
 4922  must establish mutually acceptable payment rates or payment
 4923  methodologies for services provided through telehealth. Any
 4924  contract provision that distinguishes between payment rates or
 4925  payment methodologies for services provided through telehealth
 4926  and the same services provided without the use of telehealth
 4927  must be initialed by the telehealth provider.
 4928         Revisers note.—Amended to confirm the editorial insertion of
 4929         the word “and.”
 4930         Section 155. Paragraph (b) of subsection (7) of section
 4931  641.3155, Florida Statutes, is amended to read:
 4932         641.3155 Prompt payment of claims.—
 4933         (7)
 4934         (b) All claims to a health maintenance organization begun
 4935  after October 1, 2000, not under active review by a mediator,
 4936  arbitrator, or third-party dispute entity, shall result in a
 4937  final decision on the claim by the health maintenance
 4938  organization by January 2, 2003, for the purpose of the
 4939  statewide provider and health plan claim dispute resolution
 4940  program pursuant to s. 408.7057.
 4941         Revisers note.—Amended to delete an obsolete provision.
 4942         Section 156. Subsection (1) of section 651.105, Florida
 4943  Statutes, is amended to read:
 4944         651.105 Examination.—
 4945         (1) The office may at any time, and shall at least once
 4946  every 3 years, examine the business of any applicant for a
 4947  certificate of authority and any provider engaged in the
 4948  execution of care contracts or engaged in the performance of
 4949  obligations under such contracts, in the same manner as is
 4950  provided for the examination of insurance companies pursuant to
 4951  ss. 624.316 and 624.318. For a provider as deemed accredited
 4952  under in s. 651.028, such examinations must take place at least
 4953  once every 5 years. Such examinations must be made by a
 4954  representative or examiner designated by the office whose
 4955  compensation will be fixed by the office pursuant to s. 624.320.
 4956  Routine examinations may be made by having the necessary
 4957  documents submitted to the office; and, for this purpose,
 4958  financial documents and records conforming to commonly accepted
 4959  accounting principles and practices, as required under s.
 4960  651.026, are deemed adequate. The final written report of each
 4961  examination must be filed with the office and, when so filed,
 4962  constitutes a public record. Any provider being examined shall,
 4963  upon request, give reasonable and timely access to all of its
 4964  records. The representative or examiner designated by the office
 4965  may at any time examine the records and affairs and inspect the
 4966  physical property of any provider, whether in connection with a
 4967  formal examination or not.
 4968         Revisers note.—Amended to confirm the editorial deletion of the
 4969         word “in” to improve clarity.
 4970         Section 157. Subsection (5) of section 695.27, Florida
 4971  Statutes, is amended to read:
 4972         695.27 Uniform Real Property Electronic Recording Act.—
 4973         (5) ADMINISTRATION AND STANDARDS.—
 4974         (a) The Department of State, by rule pursuant to ss.
 4975  120.536(1) and 120.54, shall prescribe standards to implement
 4976  this section in consultation with the Electronic Recording
 4977  Advisory Committee, which is hereby created. The Florida
 4978  Association of Court Clerks and Comptrollers shall provide
 4979  administrative support to the committee and technical support to
 4980  the Department of State and the committee at no charge. The
 4981  committee shall consist of nine members, as follows:
 4982         1. Five members appointed by the Florida Association of
 4983  Court Clerks and Comptrollers, one of whom must be an official
 4984  from a large urban charter county where the duty to maintain
 4985  official records exists in a county office other than the clerk
 4986  of court or comptroller.
 4987         2. One attorney appointed by the Real Property, Probate and
 4988  Trust Law Section of The Florida Bar Association.
 4989         3. Two members appointed by the Florida Land Title
 4990  Association.
 4991         4. One member appointed by the Florida Bankers Association.
 4992         (b) Appointed members shall serve a 1-year term. All
 4993  initial terms shall commence on the effective date of this act.
 4994  Members shall serve until their successors are appointed. An
 4995  appointing authority may reappoint a member for successive
 4996  terms. A vacancy on the committee shall be filled in the same
 4997  manner in which the original appointment was made, and the term
 4998  shall be for the balance of the unexpired term.
 4999         (c) The first meeting of the committee shall be within 60
 5000  days of the effective date of this act. Thereafter, the
 5001  committee shall meet at the call of the chair, but at least
 5002  annually.
 5003         (d) The members of the committee shall serve without
 5004  compensation and shall not claim per diem and travel expenses
 5005  from the Secretary of State.
 5006         (e) To keep the standards and practices of county recorders
 5007  in this state in harmony with the standards and practices of
 5008  recording offices in other jurisdictions that enact
 5009  substantially this section and to keep the technology used by
 5010  county recorders in this state compatible with technology used
 5011  by recording offices in other jurisdictions that enact
 5012  substantially this section, the Department of State, in
 5013  consultation with the committee, so far as is consistent with
 5014  the purposes, policies, and provisions of this section, in
 5015  adopting, amending, and repealing standards, shall consider:
 5016         (a)1. Standards and practices of other jurisdictions.
 5017         (b)2. The most recent standards adopted by national
 5018  standard-setting bodies, such as the Property Records Industry
 5019  Association.
 5020         (c)3. The views of interested persons and governmental
 5021  officials and entities.
 5022         (d)4. The needs of counties of varying size, population,
 5023  and resources.
 5024         (e)5. Standards requiring adequate information security
 5025  protection to ensure that electronic documents are accurate,
 5026  authentic, adequately preserved, and resistant to tampering.
 5027         (f) The committee shall terminate on July 1, 2010.
 5028         Revisers note.—Amended to delete obsolete language. The
 5029         Electronic Recording Advisory Committee no longer exists.
 5030         Section 158. Subsection (2) of section 716.02, Florida
 5031  Statutes, is amended to read:
 5032         716.02 Escheat of funds in the possession of federal
 5033  agencies.—All property within the provisions of subsections (1),
 5034  (2), (3), (4) and (5), are declared to have escheated, or to
 5035  escheat, including all principal and interest accruing thereon,
 5036  and to have become the property of the state.
 5037         (2) After June 16, 1947, All money or other property which
 5038  has remained in, or has been deposited in the custody of, or
 5039  under the control of, any court of the United States, in and for
 5040  any district within this state, for a period of 4 years, the
 5041  rightful owner or owners of which, either:
 5042         (a) Shall have been unknown for a period of 4 years; or,
 5043         (b) Shall have died without having disposed thereof, and
 5044  without having left or without leaving heirs, next of kin or
 5045  distributees; or,
 5046         (c) Shall have failed within 4 years to demand the payment
 5047  or delivery of such funds or other property;
 5048  
 5049  is hereby declared to have escheated, or to escheat, together
 5050  with all interest accrued thereon, and to have become the
 5051  property of the state.
 5052         Revisers note.—Amended to delete obsolete language.
 5053         Section 159. Paragraph (a) of subsection (3) of section
 5054  732.603, Florida Statutes, is amended to read:
 5055         732.603 Antilapse; deceased devisee; class gifts.—
 5056         (3) In the application of this section:
 5057         (a) Words of survivorship in a devise or appointment to an
 5058  individual, such as “if he survives me,” “if she survives me,”
 5059  or to “my surviving children,” are a sufficient indication of an
 5060  intent contrary to the application of subsections (1) and (2).
 5061  Words of survivorship used by the donor of the power in a power
 5062  to appoint to an individual, such as the term “if he survives
 5063  the donee or “if she survives the donee,” or in a power to
 5064  appoint to the donees “then surviving children,” are a
 5065  sufficient indication of an intent contrary to the application
 5066  of subsection (2).
 5067         Revisers note.—Amended to conform to gender-neutral drafting
 5068         standards.
 5069         Section 160. Subsection (5) of section 760.80, Florida
 5070  Statutes, is amended to read:
 5071         760.80 Minority representation on boards, commissions,
 5072  councils, and committees.—
 5073         (5) This section applies to appointments and reappointments
 5074  made after January 1, 1995. It does not prohibit a member of a
 5075  decisionmaking or regulatory board, commission, council, or
 5076  committee from completing a term being served as such member
 5077  when this act takes effect. A person appointed to a
 5078  decisionmaking or regulatory board, commission, council, or
 5079  committee before January 1, 1995, may not be removed from office
 5080  solely for the purpose of meeting the requirements of this
 5081  section.
 5082         Revisers note.—Amended to delete an obsolete provision.
 5083         Section 161. Subsection (2) of section 768.042, Florida
 5084  Statutes, is amended to read:
 5085         768.042 Damages.—
 5086         (2) The provisions of this section shall not apply to any
 5087  complaint filed prior to May 20, 1975.
 5088         Revisers note.—Amended to delete an obsolete provision.
 5089         Section 162. Section 768.1326, Florida Statutes, is amended
 5090  to read:
 5091         768.1326 Placement of automated external defibrillators in
 5092  state buildings; rulemaking authority.—No later than January 1,
 5093  2003, The State Surgeon General shall adopt rules to establish
 5094  guidelines on the appropriate placement of automated external
 5095  defibrillator devices in buildings or portions of buildings
 5096  owned or leased by the state, and shall establish, by rule,
 5097  recommendations on procedures for the deployment of automated
 5098  external defibrillator devices in such buildings in accordance
 5099  with the guidelines. The Secretary of Management Services shall
 5100  assist the State Surgeon General in the development of the
 5101  guidelines. The guidelines for the placement of the automated
 5102  external defibrillators shall take into account the typical
 5103  number of employees and visitors in the buildings, the extent of
 5104  the need for security measures regarding the buildings, special
 5105  circumstances in buildings or portions of buildings such as high
 5106  electrical voltages or extreme heat or cold, and such other
 5107  factors as the State Surgeon General and Secretary of Management
 5108  Services determine to be appropriate. The State Surgeon
 5109  Generals recommendations for deployment of automated external
 5110  defibrillators in buildings or portions of buildings owned or
 5111  leased by the state shall include:
 5112         (1) A reference list of appropriate training courses in the
 5113  use of such devices, including the role of cardiopulmonary
 5114  resuscitation;
 5115         (2) The extent to which such devices may be used by
 5116  laypersons;
 5117         (3) Manufacturer recommended maintenance and testing of the
 5118  devices; and
 5119         (4) Coordination with local emergency medical services
 5120  systems regarding the incidents of use of the devices.
 5121  
 5122  In formulating these guidelines and recommendations, the State
 5123  Surgeon General may consult with all appropriate public and
 5124  private entities, including national and local public health
 5125  organizations that seek to improve the survival rates of
 5126  individuals who experience cardiac arrest.
 5127         Revisers note.—Amended to delete obsolete language.
 5128         Section 163. Subsection (6) of section 768.21, Florida
 5129  Statutes, is amended to read:
 5130         768.21 Damages.—All potential beneficiaries of a recovery
 5131  for wrongful death, including the decedents estate, shall be
 5132  identified in the complaint, and their relationships to the
 5133  decedent shall be alleged. Damages may be awarded as follows:
 5134         (6) The decedents personal representative may recover for
 5135  the decedents estate the following:
 5136         (a) Loss of earnings of the deceased from the date of
 5137  injury to the date of death, less lost support of survivors
 5138  excluding contributions in kind, with interest. Loss of the
 5139  prospective net accumulations of an estate, which might
 5140  reasonably have been expected but for the wrongful death,
 5141  reduced to present money value, may also be recovered:
 5142         1. If the decedents survivors include a surviving spouse
 5143  or lineal descendants; or
 5144         2. If the decedent is not a minor child as defined in s.
 5145  768.18(2), there are no lost support and services recoverable
 5146  under subsection (1), and there is a surviving parent.
 5147         (b) Medical or funeral expenses due to the decedents
 5148  injury or death that have become a charge against her or his
 5149  estate or that were paid by or on behalf of decedent, excluding
 5150  amounts recoverable under subsection (5).
 5151  
 5152  (c) Evidence of remarriage of the decedents spouse is
 5153  admissible.
 5154         Revisers note.—Amended to conform to proper structure.
 5155         Section 164. Subsection (31) of section 774.203, Florida
 5156  Statutes, is amended to read:
 5157         774.203 Definitions.—As used in this act, the term:
 5158         (31) “Veterans benefits program” means a program for
 5159  benefits in connection with military service administered by the
 5160  United States Department of Veterans Affairs Veterans
 5161  Administration under Title 38 of the United States Code.
 5162         Revisers note.—Amended to conform to the renaming of the
 5163         Veterans Administration as the United States Department of
 5164         Veterans Affairs by s. 1, Pub. L. No. 100-527 in 1988.
 5165         Section 165. Paragraphs (a) and (b) of subsection (4) of
 5166  section 790.333, Florida Statutes, are amended to read:
 5167         790.333 Sport shooting and training range protection;
 5168  liability; claims, expenses, and fees; penalties; preemption;
 5169  construction.—
 5170         (4) DUTIES.—
 5171         (a) No later than January 1, 2005, The department shall
 5172  make a good faith effort to provide copies of the Best
 5173  Management Practices for Environmental Stewardship of Florida
 5174  Shooting Ranges to all owners or operators of sport shooting or
 5175  training ranges. The department shall also provide technical
 5176  assistance with implementing environmental management practices,
 5177  which may include workshops, demonstrations, or other guidance,
 5178  if any owner or operator of sport shooting or training ranges
 5179  requests such assistance.
 5180         (b) No later than January 1, 2006, Sport shooting or
 5181  training range owners, operators, tenants, or occupants shall
 5182  implement situation appropriate environmental management
 5183  practices.
 5184         Revisers note.—Amended to delete obsolete language.
 5185         Section 166. Paragraph (a) of subsection (5) of section
 5186  810.011, Florida Statutes, is amended to read:
 5187         810.011 Definitions.—As used in this chapter:
 5188         (5)(a) “Posted land” is that land upon which:
 5189         1. Signs are placed not more than 500 feet apart along, and
 5190  at each corner of, the boundaries of the land, upon which signs
 5191  there appears prominently, in letters of not less than 2 inches
 5192  in height, the words “no trespassing” and in addition thereto
 5193  the name of the owner, lessee, or occupant of said land. Said
 5194  signs shall be placed along the boundary line of posted land in
 5195  a manner and in such position as to be clearly noticeable from
 5196  outside the boundary line; or
 5197         2.a. Conspicuous no trespassing notice is painted on trees
 5198  or posts on the property, provided that the notice is:
 5199         (I) Painted in an international orange color and displaying
 5200  the stenciled words “No Trespassing” in letters no less than 2
 5201  inches high and 1 inch wide either vertically or horizontally;
 5202         (II) Placed so that the bottom of the painted notice is not
 5203  less than 3 feet from the ground or more than 5 feet from the
 5204  ground; and
 5205         (III) Placed at locations that are readily visible to any
 5206  person approaching the property and no more than 500 feet apart
 5207  on agricultural land.
 5208         b. Beginning October 1, 2007, When a landowner uses the
 5209  painted no trespassing posting to identify a “no trespassing”
 5210  area, those painted notices shall be accompanied by signs
 5211  complying with subparagraph 1. and placed conspicuously at all
 5212  places where entry to the property is normally expected or known
 5213  to occur.
 5214         Revisers note.—Amended to delete obsolete language.
 5215         Section 167. Subsections (1), (2), (3), and (4) of section
 5216  843.085, Florida Statutes, are amended to read:
 5217         843.085 Unlawful use of badges or other indicia of
 5218  authority.—
 5219         (1) It is unlawful for any person, unless appointed by the
 5220  Governor pursuant to chapter 354, authorized by the appropriate
 5221  agency, or displayed in a closed or mounted case as a collection
 5222  or exhibit, to wear or display any authorized indicia of
 5223  authority, including any badge, insignia, emblem, identification
 5224  card, or uniform, or any colorable imitation thereof, of any
 5225  federal, state, county, or municipal law enforcement agency, or
 5226  other criminal justice agency as defined in s. 943.045, with the
 5227  intent to mislead or cause another person to believe that he or
 5228  she is a member of that agency or is authorized to display or
 5229  wear such item, or to wear or display any item that displays in
 5230  any manner or combination the word or words “police,”
 5231  “patrolman,” “patrolwoman,” “agent,” “sheriff,” “deputy,”
 5232  “trooper,” “highway patrol,” “commission officer,” “Wildlife
 5233  Officer,” “Department of Environmental Protection officer,”
 5234  “Marine Patrol Officer,” “state attorney,” “public defender,”
 5235  “marshal,” “constable,” “bailiff,” or “fire department,” with
 5236  the intent to mislead or cause another person to believe that he
 5237  or she is a member of that agency or is authorized to wear or
 5238  display such item.
 5239         (2) It is unlawful for a person to own or operate a motor
 5240  vehicle marked or identified in any manner or combination by the
 5241  word or words “police,” “patrolman,” “patrolwoman,” “sheriff,”
 5242  “deputy,” “trooper,” “highway patrol,” “commission officer,”
 5243  “Wildlife Officer,” “Department of Environmental Protection
 5244  officer,” “Marine Patrol Officer,” “marshal,” “constable,”
 5245  “bailiff,” or “fire department,” or by any lettering, marking,
 5246  or insignia, or colorable imitation thereof, including, but not
 5247  limited to, stars, badges, or shields, officially used to
 5248  identify the vehicle as a federal, state, county, or municipal
 5249  law enforcement vehicle or a vehicle used by a criminal justice
 5250  agency as defined in s. 943.045, or a vehicle used by a fire
 5251  department with the intent to mislead or cause another person to
 5252  believe that such vehicle is an official vehicle of that agency
 5253  and is authorized to be used by that agency, unless such vehicle
 5254  is owned or operated by the appropriate agency and its use is
 5255  authorized by such agency, or the local law enforcement agency
 5256  or fire department authorizes the use of such vehicle, or the
 5257  person is appointed by the Governor pursuant to chapter 354.
 5258         (3) It is unlawful for a person to sell, transfer, or give
 5259  away the authorized badge, or colorable imitation thereof,
 5260  including miniatures, of any criminal justice agency as defined
 5261  in s. 943.045, or bearing in any manner or combination the word
 5262  or words “police,” “patrolman,” “patrolwoman,” “sheriff,”
 5263  “deputy,” “trooper,” “highway patrol,” “commission officer,”
 5264  “Wildlife Officer,” “Department of Environmental Protection
 5265  officer,” “Marine Patrol Officer,” “marshal,” “constable,”
 5266  “agent,” “state attorney,” “public defender,” “bailiff,” or
 5267  “fire department,” with the intent to mislead or cause another
 5268  person to believe that he or she is a member of that agency or
 5269  is authorized to wear or display such item, except for agency
 5270  purchases or upon the presentation and recordation of both a
 5271  driver license and other identification showing any transferee
 5272  to actually be a member of such criminal justice agency or
 5273  unless the person is appointed by the Governor pursuant to
 5274  chapter 354. A transferor of an item covered by this subsection
 5275  is required to maintain for 2 years a written record of such
 5276  transaction, including records showing compliance with this
 5277  subsection, and if such transferor is a business, it shall make
 5278  such records available during normal business hours for
 5279  inspection by any law enforcement agency having jurisdiction in
 5280  the area where the business is located.
 5281         (4) This section does not prohibit a fraternal, benevolent,
 5282  or labor organization or association, or their chapters or
 5283  subsidiaries, from using the following words, in any manner or
 5284  in any combination, if those words appear in the official name
 5285  of the organization or association: “police,” “patrolman,”
 5286  “patrolwoman,” “sheriff,” “deputy,” “trooper,” “highway patrol,”
 5287  “commission officer,” “Wildlife Officer,” “Department of
 5288  Environmental Protection officer,” “Marine Patrol Officer,”
 5289  “marshal,” “constable,” “bailiff,” or “fire department.”
 5290         Revisers note.—Amended to conform to gender-neutral drafting
 5291         standards.
 5292         Section 168. Paragraph (d) of subsection (3) of section
 5293  900.05, Florida Statutes, is amended to read:
 5294         900.05 Criminal justice data collection.—
 5295         (3) DATA COLLECTION AND REPORTING.—An entity required to
 5296  collect data in accordance with this subsection shall collect
 5297  the specified data and report them in accordance with this
 5298  subsection to the Department of Law Enforcement on a monthly
 5299  basis.
 5300         (d) County detention facility.—The administrator of each
 5301  county detention facility shall collect the following data:
 5302         1. Maximum capacity for the county detention facility.
 5303         2. Weekly admissions to the county detention facility for a
 5304  revocation of probation or community control.
 5305         3. Weekly admissions to the county detention facility for a
 5306  revocation of pretrial release.
 5307         4. Daily population of the county detention facility,
 5308  including the specific number of inmates in the custody of the
 5309  county that:
 5310         a. Are awaiting case disposition.
 5311         b. Have been sentenced by a court to a term of
 5312  incarceration in the county detention facility.
 5313         c. Have been sentenced by a court to a term of imprisonment
 5314  with the Department of Corrections and who are awaiting
 5315  transportation to the department.
 5316         d. Have a federal detainer, are awaiting disposition of a
 5317  case in federal court, or are awaiting other federal
 5318  disposition.
 5319         5. Information related to each inmate, including:
 5320         a. Identifying information, including name, date of birth,
 5321  race, ethnicity, gender, case number, and identification number
 5322  assigned by the county detention facility.
 5323         b. Date when an inmate is processed and booked into the
 5324  county detention facility subsequent to an arrest for a new
 5325  violation of law, for a violation of probation or community
 5326  control, or for a violation of pretrial release.
 5327         c. Reason why an inmate is processed and booked into the
 5328  county detention facility, including a new law violation, a
 5329  violation of probation or community control, or a violation of
 5330  pretrial release.
 5331         d. Qualification for a flag designation as defined in this
 5332  section, including domestic violence flag, gang affiliation
 5333  flag, habitual offender flag, habitual violent felony offender
 5334  flag, pretrial release violation flag, sexual offender flag,
 5335  prison releasee reoffender flag, three-time violent felony
 5336  offender flag, or violent career criminal flag.
 5337         6. Total population of the county detention facility at
 5338  year-end. This data must include the same specified
 5339  classifications as subparagraph 4 3.
 5340         7. Per diem rate for a county detention facility bed.
 5341         8. Daily number of correctional officers for the county
 5342  detention facility.
 5343         9. Annual county detention facility budget. This
 5344  information only needs to be reported once annually at the
 5345  beginning of the countys fiscal year.
 5346         10. Annual revenue generated for the county from the
 5347  temporary incarceration of federal defendants or inmates.
 5348         Revisers note.—Amended to confirm the editorial substitution of
 5349         a reference to subparagraph 4. for a reference to
 5350         subparagraph 3. to conform to the redesignation of
 5351         subparagraphs by s. 46, ch. 2019-167, Laws of Florida.
 5352         Section 169. Subsection (2) of section 944.613, Florida
 5353  Statutes, is amended to read:
 5354         944.613 Methods of transportation.—
 5355         (2) FLORIDA RELEASEE.—In instances when a releasee remains
 5356  in this state but leaves the county where the correctional
 5357  institution or facility of her or his confinement is located,
 5358  transportation shall be provided by common carrier using the
 5359  most economical means. Transportation as authorized herein shall
 5360  be furnished by nonnegotiable travel voucher payable to the
 5361  common carrier being utilized, and in no event shall there be
 5362  any cash disbursement to the releasee or any person, firm, or
 5363  corporation. Such travel voucher is to be utilized immediately
 5364  by the releasee. The source of any private transportation must
 5365  be a family member or friend whose purpose is to immediately
 5366  transport the releasee to the approved location pursuant to s.
 5367  944.611 section 1.
 5368         Revisers note.—Amended to correct a cross-reference. Section 1,
 5369         ch. 83-131, Laws of Florida, is the short title; s. 38, ch.
 5370         83-131, was compiled as s. 944.611 and does reference
 5371         approved locations for a releasee.
 5372         Section 170. Subsection (2) of section 948.062, Florida
 5373  Statutes, is amended to read:
 5374         948.062 Reviewing and reporting serious offenses committed
 5375  by offenders placed on probation or community control.—
 5376         (2) The department shall provide a statistical data summary
 5377  from these reviews to the Office of Program Policy Analysis and
 5378  Government Accountability. The Office of Program Policy Analysis
 5379  and Government Accountability shall analyze this data and
 5380  provide a written report to the President of the Senate and the
 5381  Speaker of the House of Representatives by March 1, 2006. The
 5382  report must include, at a minimum, any identified systemic
 5383  deficiencies in managing high-risk offenders on community
 5384  supervision, any patterns of noncompliance by correctional
 5385  probation officers, and recommendations for improving the
 5386  community supervision program.
 5387         Revisers note.—Amended to delete an obsolete provision.
 5388         Section 171. Section 960.07, Florida Statutes, is reenacted
 5389  to read:
 5390         960.07 Filing of claims for compensation.—
 5391         (1) A claim for compensation may be filed by a person
 5392  eligible for compensation as provided in s. 960.065 or, if such
 5393  person is a minor, by his or her parent or guardian or, if the
 5394  person entitled to make a claim is mentally incompetent, by the
 5395  persons guardian or such other individual authorized to
 5396  administer his or her estate.
 5397         (2) Except as provided in subsections (3) and (4), a claim
 5398  must be filed in accordance with this subsection.
 5399         (a)1. A claim arising from a crime occurring before October
 5400  1, 2019, must be filed within 1 year after:
 5401         a. The occurrence of the crime upon which the claim is
 5402  based.
 5403         b. The death of the victim or intervenor.
 5404         c. The death of the victim or intervenor is determined to
 5405  be the result of a crime, and the crime occurred after June 30,
 5406  1994.
 5407         2. For good cause the department may extend the time for
 5408  filing a claim under subparagraph 1. for a period not exceeding
 5409  2 years after such occurrence.
 5410         (b)1. A claim arising from a crime occurring on or after
 5411  October 1, 2019, must be filed within 3 years after the later
 5412  of:
 5413         a. The occurrence of the crime upon which the claim is
 5414  based;
 5415         b. The death of the victim or intervenor; or
 5416         c. The death of the victim or intervenor is determined to
 5417  be the result of the crime.
 5418         2. For good cause the department may extend the time for
 5419  filing a claim under subparagraph 1. for a period not to exceed
 5420  5 years after such occurrence.
 5421         (3) Notwithstanding the provisions of subsection (2), if
 5422  the victim or intervenor was under the age of 18 at the time the
 5423  crime upon which the claim is based occurred, a claim may be
 5424  filed in accordance with this subsection.
 5425         (a) The victims or intervenors parent or guardian may
 5426  file a claim on behalf of the victim or intervenor while the
 5427  victim or intervenor is less than 18 years of age;
 5428         (b) For a claim arising from a crime that occurred before
 5429  October 1, 2019, when a victim or intervenor who was under the
 5430  age of 18 at the time the crime occurred reaches the age of 18,
 5431  the victim or intervenor has 1 year to file a claim; or
 5432         (c) For a claim arising from a crime occurring on or after
 5433  October 1, 2019, when a victim or intervenor who was under the
 5434  age of 18 at the time the crime occurred reaches the age of 18,
 5435  the victim or intervenor has 3 years to file a claim.
 5436  
 5437  For good cause, the department may extend the time period
 5438  allowed for filing a claim under paragraph (b) for an additional
 5439  period not to exceed 1 year or under paragraph (c) for an
 5440  additional period not to exceed 2 years.
 5441         (4) The provisions of subsection (2) notwithstanding, a
 5442  victim of a sexually violent offense as defined in s. 394.912,
 5443  may file a claim for compensation for counseling or other mental
 5444  health services within:
 5445         (a) One year after the filing of a petition under s.
 5446  394.914, to involuntarily civilly commit the individual who
 5447  perpetrated the sexually violent offense, if the claim arises
 5448  from a crime committed before October 1, 2019; or
 5449         (b) Three years after the filing of a petition under s.
 5450  394.914, to involuntarily civilly commit the individual who
 5451  perpetrated the sexually violent offense, if the claim arises
 5452  from a crime committed on or after October 1, 2019.
 5453         (5) Claims may be filed in the Tallahassee office of the
 5454  department in person or by mail. Any employee of the department
 5455  receiving a claim for compensation shall, immediately upon
 5456  receipt of such claim, mail the claim to the department at its
 5457  office in Tallahassee. In no event and under no circumstances
 5458  shall the rights of a claimant under this chapter be prejudiced
 5459  or lost by the failure or delay of the employees of the
 5460  department in mailing claims to the department in Tallahassee.
 5461         (6) Upon filing of a claim pursuant to this chapter, in
 5462  which there is an identified offender, the department shall
 5463  promptly notify the state attorney of the circuit wherein the
 5464  crime is alleged to have occurred. If within 10 days after such
 5465  notification such state attorney advises the department that a
 5466  criminal prosecution or delinquency petition is pending upon the
 5467  same alleged crime and requests that action by the department be
 5468  deferred, the department shall defer all proceedings under this
 5469  chapter until such time as a trial verdict or delinquency
 5470  adjudication has been rendered, and shall so notify such state
 5471  attorney and claimant. When a trial verdict or delinquency
 5472  adjudication has been rendered, such state attorney shall
 5473  promptly notify the department. Nothing in this subsection shall
 5474  limit the authority of the department to grant emergency awards
 5475  pursuant to s. 960.12.
 5476         (7) The state attorneys office shall aid claimants in the
 5477  filing and processing of claims, as may be required.
 5478         Revisers note.—Section 68, ch. 2019-167, Laws of Florida,
 5479         purported to amend s. 960.07 but did not publish
 5480         subsections (5)-(7). Absent affirmative evidence of
 5481         legislative intent to repeal them, s. 960.07 is reenacted
 5482         to confirm that the omission was not intended.
 5483         Section 172. Paragraph (c) of subsection (2) of section
 5484  985.26, Florida Statutes, is reenacted to read:
 5485         985.26 Length of detention.—
 5486         (2)
 5487         (c) A prolific juvenile offender under s. 985.255(1)(f)
 5488  shall be placed on supervised release detention care with
 5489  electronic monitoring or in secure detention care under a
 5490  special detention order until disposition. If secure detention
 5491  care is ordered by the court, it must be authorized under this
 5492  part and may not exceed:
 5493         1. Twenty-one days unless an adjudicatory hearing for the
 5494  case has been commenced in good faith by the court or the period
 5495  is extended by the court pursuant to paragraph (b); or
 5496         2. Fifteen days after the entry of an order of
 5497  adjudication.
 5498  
 5499  As used in this paragraph, the term “disposition” means a
 5500  declination to file under s. 985.15(1)(h), the entry of nolle
 5501  prosequi for the charges, the filing of an indictment under s.
 5502  985.56 or an information under s. 985.557, a dismissal of the
 5503  case, or an order of final disposition by the court.
 5504         Revisers note.—Section 151, ch. 2019-167, Laws of Florida,
 5505         reenacted s. 985.26(2) “[f]or the purpose of incorporating
 5506         an amendment made by this act to section 985.557, Florida
 5507         Statutes, in a reference thereto” within s. 985.26(2). The
 5508         reenactment failed to incorporate the amendment by s. 11,
 5509         ch. 2018-86, Laws of Florida, effective July 1, 2019.
 5510         Absent affirmative evidence of legislative intent to repeal
 5511         the July 1, 2019, amendment by s. 11, ch. 2018-86, the
 5512         paragraph is reenacted to confirm the omission was not
 5513         intended.
 5514         Section 173. Paragraph (b) of subsection (3) of section
 5515  985.265, Florida Statutes, is reenacted to read:
 5516         985.265 Detention transfer and release; education; adult
 5517  jails.—
 5518         (3)
 5519         (b) When a juvenile is released from secure detention or
 5520  transferred to supervised release detention, detention staff
 5521  shall immediately notify the appropriate law enforcement agency,
 5522  school personnel, and victim if the juvenile is charged with
 5523  committing any of the following offenses or attempting to commit
 5524  any of the following offenses:
 5525         1. Murder, under s. 782.04;
 5526         2. Sexual battery, under chapter 794;
 5527         3. Stalking, under s. 784.048; or
 5528         4. Domestic violence, as defined in s. 741.28.
 5529         Revisers note.—Section 95, ch. 2019-167, Laws of Florida,
 5530         reenacted s. 985.265(3)(b) “[f]or the purpose of
 5531         incorporating an amendment made by this act to section
 5532         784.048, Florida Statutes, in a reference thereto” within
 5533         s. 985.265(3)(b). The reenactment failed to incorporate the
 5534         amendment by s. 12, ch. 2018-86, Laws of Florida, effective
 5535         July 1, 2019. Absent affirmative evidence of intent to
 5536         repeal the July 1, 2019, amendment by s. 12, ch. 2018-86,
 5537         the paragraph is reenacted to confirm the omission was not
 5538         intended.
 5539         Section 174. Subsection (4) of section 1002.385, Florida
 5540  Statutes, is amended to read:
 5541         1002.385 The Gardiner Scholarship.—
 5542         (4) PROGRAM PROHIBITIONS.—A student is not eligible for the
 5543  program if he or she is:
 5544         (a) Enrolled in a public school, including, but not limited
 5545  to, the Florida School for the Deaf and the Blind; the Florida
 5546  Virtual School; the College-Preparatory Boarding Academy; a
 5547  developmental research school authorized under s. 1002.32; a
 5548  charter school authorized under s. 1002.33, s. 1002.331, or s.
 5549  1002.332; or a virtual education program authorized under s.
 5550  1002.45. For purposes of this paragraph, a 3- or 4-year-old
 5551  child who receives services funded through the Florida Education
 5552  Finance Program is considered to be a student enrolled in a
 5553  public school. Funding provided under this section for a child
 5554  eligible for enrollment in the Voluntary Prekindergarten
 5555  Education Program shall constitute funding for the child under
 5556  part V of this chapter, and no additional funding shall be
 5557  provided for the child under part V.
 5558         (b) Enrolled in a school operating for the purpose of
 5559  providing educational services to youth in the Department of
 5560  Juvenile Justice commitment programs.
 5561         (c) Receiving a scholarship pursuant to the Florida Tax
 5562  Credit Scholarship Program under s. 1002.395 or the John M.
 5563  McKay Scholarships for Students with Disabilities Program under
 5564  s. 1002.39.
 5565         (d) Receiving any other educational scholarship pursuant to
 5566  this chapter.
 5567         (e) Enrolled in the Florida School for the Deaf and the
 5568  Blind.
 5569         Revisers note.—Amended to remove redundant information. Section
 5570         1, ch. 2017-166, Laws of Florida, added paragraph (e),
 5571         which lists students at the Florida School for the Deaf and
 5572         Blind; paragraph (a) lists the same students.
 5573         Section 175. Paragraph (b) of subsection (3) of section
 5574  1002.395, Florida Statutes, is amended and subsection (6) of
 5575  that section is reenacted to read:
 5576         1002.395 Florida Tax Credit Scholarship Program.—
 5577         (3) PROGRAM; SCHOLARSHIP ELIGIBILITY.—
 5578         (b) A student is eligible for a Florida tax credit
 5579  scholarship under this section if the student meets one or more
 5580  of the following criteria:
 5581         1. The student is on the direct certification list or the
 5582  students household income level does not exceed 185 percent of
 5583  the federal poverty level; or
 5584         2. The student is currently placed, or during the previous
 5585  state fiscal year was placed, in foster care or in out-of-home
 5586  care as defined in s. 39.01; or.
 5587         3. The students household income level is greater than 185
 5588  percent of the federal poverty level but does not exceed 260
 5589  percent of the federal poverty level.
 5590  
 5591  A student who initially receives a scholarship based on
 5592  eligibility under subparagraph (b)2. remains eligible to
 5593  participate until the student graduates from high school or
 5594  attains the age of 21 years, whichever occurs first, regardless
 5595  of the students household income level. A student who initially
 5596  received a scholarship based on income eligibility before the
 5597  2019-2020 school year remains eligible to participate until he
 5598  or she graduates from high school, attains the age of 21 years,
 5599  or the students household income level exceeds 260 percent of
 5600  the federal poverty level, whichever occurs first. A sibling of
 5601  a student who is participating in the scholarship program under
 5602  this subsection is eligible for a scholarship if the student
 5603  resides in the same household as the sibling.
 5604         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 5605  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 5606  organization:
 5607         (a) Must comply with the antidiscrimination provisions of
 5608  42 U.S.C. s. 2000d.
 5609         (b) Must comply with the following background check
 5610  requirements:
 5611         1. All owners and operators as defined in subparagraph
 5612  (2)(i)1. are, before employment or engagement to provide
 5613  services, subject to level 2 background screening as provided
 5614  under chapter 435. The fingerprints for the background screening
 5615  must be electronically submitted to the Department of Law
 5616  Enforcement and can be taken by an authorized law enforcement
 5617  agency or by an employee of the eligible nonprofit scholarship
 5618  funding organization or a private company who is trained to take
 5619  fingerprints. However, the complete set of fingerprints of an
 5620  owner or operator may not be taken by the owner or operator. The
 5621  results of the state and national criminal history check shall
 5622  be provided to the Department of Education for screening under
 5623  chapter 435. The cost of the background screening may be borne
 5624  by the eligible nonprofit scholarship-funding organization or
 5625  the owner or operator.
 5626         2. Every 5 years following employment or engagement to
 5627  provide services or association with an eligible nonprofit
 5628  scholarship-funding organization, each owner or operator must
 5629  meet level 2 screening standards as described in s. 435.04, at
 5630  which time the nonprofit scholarship-funding organization shall
 5631  request the Department of Law Enforcement to forward the
 5632  fingerprints to the Federal Bureau of Investigation for level 2
 5633  screening. If the fingerprints of an owner or operator are not
 5634  retained by the Department of Law Enforcement under subparagraph
 5635  3., the owner or operator must electronically file a complete
 5636  set of fingerprints with the Department of Law Enforcement. Upon
 5637  submission of fingerprints for this purpose, the eligible
 5638  nonprofit scholarship-funding organization shall request that
 5639  the Department of Law Enforcement forward the fingerprints to
 5640  the Federal Bureau of Investigation for level 2 screening, and
 5641  the fingerprints shall be retained by the Department of Law
 5642  Enforcement under subparagraph 3.
 5643         3. Fingerprints submitted to the Department of Law
 5644  Enforcement as required by this paragraph must be retained by
 5645  the Department of Law Enforcement in a manner approved by rule
 5646  and entered in the statewide automated biometric identification
 5647  system authorized by s. 943.05(2)(b). The fingerprints must
 5648  thereafter be available for all purposes and uses authorized for
 5649  arrest fingerprints entered in the statewide automated biometric
 5650  identification system pursuant to s. 943.051.
 5651         4. The Department of Law Enforcement shall search all
 5652  arrest fingerprints received under s. 943.051 against the
 5653  fingerprints retained in the statewide automated biometric
 5654  identification system under subparagraph 3. Any arrest record
 5655  that is identified with an owners or operators fingerprints
 5656  must be reported to the Department of Education. The Department
 5657  of Education shall participate in this search process by paying
 5658  an annual fee to the Department of Law Enforcement and by
 5659  informing the Department of Law Enforcement of any change in the
 5660  employment, engagement, or association status of the owners or
 5661  operators whose fingerprints are retained under subparagraph 3.
 5662  The Department of Law Enforcement shall adopt a rule setting the
 5663  amount of the annual fee to be imposed upon the Department of
 5664  Education for performing these services and establishing the
 5665  procedures for the retention of owner and operator fingerprints
 5666  and the dissemination of search results. The fee may be borne by
 5667  the owner or operator of the nonprofit scholarship-funding
 5668  organization.
 5669         5. A nonprofit scholarship-funding organization whose owner
 5670  or operator fails the level 2 background screening is not
 5671  eligible to provide scholarships under this section.
 5672         6. A nonprofit scholarship-funding organization whose owner
 5673  or operator in the last 7 years has filed for personal
 5674  bankruptcy or corporate bankruptcy in a corporation of which he
 5675  or she owned more than 20 percent shall not be eligible to
 5676  provide scholarships under this section.
 5677         7. In addition to the offenses listed in s. 435.04, a
 5678  person required to undergo background screening pursuant to this
 5679  part or authorizing statutes must not have an arrest awaiting
 5680  final disposition for, must not have been found guilty of, or
 5681  entered a plea of nolo contendere to, regardless of
 5682  adjudication, and must not have been adjudicated delinquent, and
 5683  the record must not have been sealed or expunged for, any of the
 5684  following offenses or any similar offense of another
 5685  jurisdiction:
 5686         a. Any authorizing statutes, if the offense was a felony.
 5687         b. This chapter, if the offense was a felony.
 5688         c. Section 409.920, relating to Medicaid provider fraud.
 5689         d. Section 409.9201, relating to Medicaid fraud.
 5690         e. Section 741.28, relating to domestic violence.
 5691         f. Section 817.034, relating to fraudulent acts through
 5692  mail, wire, radio, electromagnetic, photoelectronic, or
 5693  photooptical systems.
 5694         g. Section 817.234, relating to false and fraudulent
 5695  insurance claims.
 5696         h. Section 817.505, relating to patient brokering.
 5697         i. Section 817.568, relating to criminal use of personal
 5698  identification information.
 5699         j. Section 817.60, relating to obtaining a credit card
 5700  through fraudulent means.
 5701         k. Section 817.61, relating to fraudulent use of credit
 5702  cards, if the offense was a felony.
 5703         l. Section 831.01, relating to forgery.
 5704         m. Section 831.02, relating to uttering forged instruments.
 5705         n. Section 831.07, relating to forging bank bills, checks,
 5706  drafts, or promissory notes.
 5707         o. Section 831.09, relating to uttering forged bank bills,
 5708  checks, drafts, or promissory notes.
 5709         p. Section 831.30, relating to fraud in obtaining medicinal
 5710  drugs.
 5711         q. Section 831.31, relating to the sale, manufacture,
 5712  delivery, or possession with the intent to sell, manufacture, or
 5713  deliver any counterfeit controlled substance, if the offense was
 5714  a felony.
 5715         (c) Must not have an owner or operator who owns or operates
 5716  an eligible private school that is participating in the
 5717  scholarship program.
 5718         (d) Must provide scholarships, from eligible contributions,
 5719  to eligible students for the cost of:
 5720         1. Tuition and fees for an eligible private school; or
 5721         2. Transportation to a Florida public school in which a
 5722  student is enrolled and that is different from the school to
 5723  which the student was assigned or to a lab school as defined in
 5724  s. 1002.32.
 5725         (e) Must give first priority to eligible students who
 5726  received a scholarship from an eligible nonprofit scholarship
 5727  funding organization or from the State of Florida during the
 5728  previous school year. Beginning in the 2016-2017 school year, an
 5729  eligible nonprofit scholarship-funding organization shall give
 5730  priority to new applicants whose household income levels do not
 5731  exceed 185 percent of the federal poverty level or who are in
 5732  foster care or out-of-home care.
 5733         (f) Must provide a scholarship to an eligible student on a
 5734  first-come, first-served basis unless the student qualifies for
 5735  priority pursuant to paragraph (e).
 5736         (g) May not restrict or reserve scholarships for use at a
 5737  particular private school or provide scholarships to a child of
 5738  an owner or operator.
 5739         (h) Must allow a student in foster care or out-of-home care
 5740  or a dependent child of a parent who is a member of the United
 5741  States Armed Forces to apply for a scholarship at any time.
 5742         (i) Must allow an eligible student to attend any eligible
 5743  private school and must allow a parent to transfer a scholarship
 5744  during a school year to any other eligible private school of the
 5745  parents choice.
 5746         (j)1. May use eligible contributions received pursuant to
 5747  this section and ss. 212.099, 212.1832, and 1002.40 during the
 5748  state fiscal year in which such contributions are collected for
 5749  administrative expenses if the organization has operated as an
 5750  eligible nonprofit scholarship-funding organization for at least
 5751  the preceding 3 fiscal years and did not have any findings of
 5752  material weakness or material noncompliance in its most recent
 5753  audit under paragraph (m). Administrative expenses from eligible
 5754  contributions may not exceed 3 percent of the total amount of
 5755  all scholarships awarded by an eligible scholarship-funding
 5756  organization under this chapter. Such administrative expenses
 5757  must be reasonable and necessary for the organizations
 5758  management and distribution of scholarships awarded under this
 5759  chapter. No funds authorized under this subparagraph shall be
 5760  used for lobbying or political activity or expenses related to
 5761  lobbying or political activity. Up to one-third of the funds
 5762  authorized for administrative expenses under this subparagraph
 5763  may be used for expenses related to the recruitment of
 5764  contributions from taxpayers. An eligible nonprofit scholarship
 5765  funding organization may not charge an application fee.
 5766         2. Must expend for annual or partial-year scholarships an
 5767  amount equal to or greater than 75 percent of the net eligible
 5768  contributions remaining after administrative expenses during the
 5769  state fiscal year in which such contributions are collected. No
 5770  more than 25 percent of such net eligible contributions may be
 5771  carried forward to the following state fiscal year. All amounts
 5772  carried forward, for audit purposes, must be specifically
 5773  identified for particular students, by student name and the name
 5774  of the school to which the student is admitted, subject to the
 5775  requirements of ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g,
 5776  and the applicable rules and regulations issued pursuant
 5777  thereto. Any amounts carried forward shall be expended for
 5778  annual or partial-year scholarships in the following state
 5779  fiscal year. No later than September 30 of each year, net
 5780  eligible contributions remaining on June 30 of each year that
 5781  are in excess of the 25 percent that may be carried forward
 5782  shall be used to provide scholarships to eligible students or
 5783  transferred to other eligible nonprofit scholarship-funding
 5784  organizations to provide scholarships for eligible students. All
 5785  transferred funds must be deposited by each eligible nonprofit
 5786  scholarship-funding organization receiving such funds into its
 5787  scholarship account. All transferred amounts received by any
 5788  eligible nonprofit scholarship-funding organization must be
 5789  separately disclosed in the annual financial audit required
 5790  under paragraph (m).
 5791         3. Must, before granting a scholarship for an academic
 5792  year, document each scholarship students eligibility for that
 5793  academic year. A scholarship-funding organization may not grant
 5794  multiyear scholarships in one approval process.
 5795         (k) Must maintain separate accounts for scholarship funds
 5796  and operating funds.
 5797         (l) With the prior approval of the Department of Education,
 5798  may transfer funds to another eligible nonprofit scholarship
 5799  funding organization if additional funds are required to meet
 5800  scholarship demand at the receiving nonprofit scholarship
 5801  funding organization. A transfer is limited to the greater of
 5802  $500,000 or 20 percent of the total contributions received by
 5803  the nonprofit scholarship-funding organization making the
 5804  transfer. All transferred funds must be deposited by the
 5805  receiving nonprofit scholarship-funding organization into its
 5806  scholarship accounts. All transferred amounts received by any
 5807  nonprofit scholarship-funding organization must be separately
 5808  disclosed in the annual financial and compliance audit required
 5809  in this section.
 5810         (m) Must provide to the Auditor General and the Department
 5811  of Education a report on the results of an annual financial
 5812  audit of its accounts and records conducted by an independent
 5813  certified public accountant in accordance with auditing
 5814  standards generally accepted in the United States, government
 5815  auditing standards, and rules promulgated by the Auditor
 5816  General. The audit report must include a report on financial
 5817  statements presented in accordance with generally accepted
 5818  accounting principles. Audit reports must be provided to the
 5819  Auditor General and the Department of Education within 180 days
 5820  after completion of the eligible nonprofit scholarship-funding
 5821  organizations fiscal year. The Auditor General shall review all
 5822  audit reports submitted pursuant to this paragraph. The Auditor
 5823  General shall request any significant items that were omitted in
 5824  violation of a rule adopted by the Auditor General. The items
 5825  must be provided within 45 days after the date of the request.
 5826  If the scholarship-funding organization does not comply with the
 5827  Auditor Generals request, the Auditor General shall notify the
 5828  Legislative Auditing Committee.
 5829         (n) Must prepare and submit quarterly reports to the
 5830  Department of Education pursuant to paragraph (9)(i). In
 5831  addition, an eligible nonprofit scholarship-funding organization
 5832  must submit in a timely manner any information requested by the
 5833  Department of Education relating to the scholarship program.
 5834         (o)1.a. Must participate in the joint development of
 5835  agreed-upon procedures during the 2009-2010 state fiscal year.
 5836  The agreed-upon procedures must uniformly apply to all private
 5837  schools and must determine, at a minimum, whether the private
 5838  school has been verified as eligible by the Department of
 5839  Education under s. 1002.421; has an adequate accounting system,
 5840  system of financial controls, and process for deposit and
 5841  classification of scholarship funds; and has properly expended
 5842  scholarship funds for education-related expenses. During the
 5843  development of the procedures, the participating scholarship
 5844  funding organizations shall specify guidelines governing the
 5845  materiality of exceptions that may be found during the
 5846  accountants performance of the procedures. The procedures and
 5847  guidelines shall be provided to private schools and the
 5848  Commissioner of Education by March 15, 2011.
 5849         b. Must participate in a joint review of the agreed-upon
 5850  procedures and guidelines developed under sub-subparagraph a.,
 5851  by February of each biennium, if the scholarship-funding
 5852  organization provided more than $250,000 in scholarship funds to
 5853  an eligible private school under this chapter during the state
 5854  fiscal year preceding the biennial review. If the procedures and
 5855  guidelines are revised, the revisions must be provided to
 5856  private schools and the Commissioner of Education by March 15 of
 5857  the year in which the revisions were completed. The revised
 5858  agreed-upon procedures shall take effect the subsequent school
 5859  year. For the 2018-2019 school year only, the joint review of
 5860  the agreed-upon procedures must be completed and the revisions
 5861  submitted to the commissioner no later than September 15, 2018.
 5862  The revised procedures are applicable to the 2018-2019 school
 5863  year.
 5864         c. Must monitor the compliance of a private school with s.
 5865  1002.421(1)(q) if the scholarship-funding organization provided
 5866  the majority of the scholarship funding to the school. For each
 5867  private school subject to s. 1002.421(1)(q), the appropriate
 5868  scholarship-funding organization shall annually notify the
 5869  Commissioner of Education by October 30 of:
 5870         (I) A private schools failure to submit a report required
 5871  under s. 1002.421(1)(q); or
 5872         (II) Any material exceptions set forth in the report
 5873  required under s. 1002.421(1)(q).
 5874         2. Must seek input from the accrediting associations that
 5875  are members of the Florida Association of Academic Nonpublic
 5876  Schools and the Department of Education when jointly developing
 5877  the agreed-upon procedures and guidelines under sub-subparagraph
 5878  1.a. and conducting a review of those procedures and guidelines
 5879  under sub-subparagraph 1.b.
 5880         (p) Must maintain the surety bond or letter of credit
 5881  required by subsection (15). The amount of the surety bond or
 5882  letter of credit may be adjusted quarterly to equal the actual
 5883  amount of undisbursed funds based upon submission by the
 5884  organization of a statement from a certified public accountant
 5885  verifying the amount of undisbursed funds. The requirements of
 5886  this paragraph are waived if the cost of acquiring a surety bond
 5887  or letter of credit exceeds the average 10-year cost of
 5888  acquiring a surety bond or letter of credit by 200 percent. The
 5889  requirements of this paragraph are waived for a state
 5890  university; or an independent college or university which is
 5891  eligible to participate in the William L. Boyd, IV, Effective
 5892  Access to Student Education Grant Program, located and chartered
 5893  in this state, is not for profit, and is accredited by the
 5894  Commission on Colleges of the Southern Association of Colleges
 5895  and Schools.
 5896         (q) Must provide to the Auditor General any information or
 5897  documentation requested in connection with an operational audit
 5898  of a scholarship funding organization conducted pursuant to s.
 5899  11.45.
 5900  
 5901  Information and documentation provided to the Department of
 5902  Education and the Auditor General relating to the identity of a
 5903  taxpayer that provides an eligible contribution under this
 5904  section shall remain confidential at all times in accordance
 5905  with s. 213.053.
 5906         Revisers note.—Paragraph (3)(b) is amended to conform to
 5907         structure. Subsection (6) is reenacted to correct an
 5908         editorial input error. Flush left language erroneously
 5909         appearing after paragraph (6)(j) is deleted. The language
 5910         appeared there as well as at the end of subsection (6), the
 5911         appropriate location for the text.
 5912         Section 176. Paragraph (d) of subsection (16) of section
 5913  1003.52, Florida Statutes, is amended to read:
 5914         1003.52 Educational services in Department of Juvenile
 5915  Justice programs.—
 5916         (16) The Department of Education, in consultation with the
 5917  Department of Juvenile Justice, district school boards, and
 5918  providers, shall adopt rules establishing:
 5919         (d) The Department of Education, in partnership with the
 5920  Department of Juvenile Justice, shall develop a comprehensive
 5921  accountability and program improvement process. The
 5922  accountability and program improvement process shall be based on
 5923  student performance measures by type of program and shall rate
 5924  education program performance. The accountability system shall
 5925  identify and recognize high-performing education programs. The
 5926  Department of Education, in partnership with the Department of
 5927  Juvenile Justice, shall identify low-performing programs. Low
 5928  performing education programs shall receive an onsite program
 5929  evaluation from the Department of Juvenile Justice. School
 5930  improvement, technical assistance, or the reassignment of the
 5931  program shall be based, in part, on the results of the program
 5932  evaluation. Through a corrective action process, low-performing
 5933  programs must demonstrate improvement or reassign the programs
 5934  shall be reassigned program.
 5935         Revisers note.—Amended to improve clarity.
 5936         Section 177. Paragraph (h) of subsection (4) of section
 5937  1004.435, Florida Statutes, is amended to read:
 5938         1004.435 Cancer control and research.—
 5939         (4) FLORIDA CANCER CONTROL AND RESEARCH ADVISORY COUNCIL;
 5940  CREATION; COMPOSITION.—
 5941         (h) The council shall approve each year a program for
 5942  cancer control and research to be known as the “Florida Cancer
 5943  Control and Research Plan” which shall be consistent with the
 5944  State Health Plan and integrated and coordinated with existing
 5945  programs in this state.
 5946         Revisers note.—Amended to delete an obsolete reference. The
 5947         State Health Plan was referenced in s. 408.033; s. 4, ch.
 5948         2000-256, Laws of Florida, deleted it from that section and
 5949         also deleted other references to it.
 5950         Section 178. Subsection (1) of section 1004.79, Florida
 5951  Statutes, is amended to read:
 5952         1004.79 Incubator facilities for small business concerns.—
 5953         (1) Each Florida College System institution established
 5954  pursuant to s. 1000.21(3) 1004.02(2) may provide incubator
 5955  facilities to eligible small business concerns. As used in this
 5956  section, “small business concern” shall be defined as an
 5957  independently owned and operated business concern incorporated
 5958  in Florida which is not an affiliate or a subsidiary of a
 5959  business dominant in its field of operation, and which employs
 5960  25 or fewer full-time employees. “Incubator facility” shall be
 5961  defined as a facility in which small business concerns share
 5962  common space, equipment, and support personnel and through which
 5963  such concerns have access to professional consultants for advice
 5964  related to the technical and business aspects of conducting a
 5965  commercial enterprise. The Florida College System institution
 5966  board of trustees shall authorize concerns for inclusion in the
 5967  incubator facility.
 5968         Revisers note.—Amended to correct a cross-reference. Section
 5969         1004.02(2) defines adult ESOL or adult ESL; s. 1000.21(3)
 5970         lists Florida College System institutions.
 5971         Section 179. Subsection (12) of section 1006.63, Florida
 5972  Statutes, is amended to read:
 5973         1006.63 Hazing prohibited.—
 5974         (12) Notwithstanding subsection (11), a person is immune
 5975  from prosecution under this section if the person establishes
 5976  that, before medical assistance, law enforcement, or campus
 5977  security arrived on the scene of a hazing event, the person
 5978  rendered aid to the hazing victim. For purposes of this
 5979  subsection, “aid” includes, but is not be limited to, rendering
 5980  cardiopulmonary resuscitation to the victim, clearing an airway
 5981  for the victim to breathe, using a defibrillator to assist the
 5982  victim, or rendering any other assistance to the victim which
 5983  the person intended in good faith to stabilize or improve the
 5984  victims condition while waiting for medical assistance, law
 5985  enforcement, or campus security to arrive.
 5986         Revisers note.—Amended to confirm the editorial deletion of the
 5987         word “be” to improve clarity.
 5988         Section 180. Paragraph (d) of subsection (7) of section
 5989  1007.271, Florida Statutes, is amended to read:
 5990         1007.271 Dual enrollment programs.—
 5991         (7) Career dual enrollment shall be provided as a
 5992  curricular option for secondary students to pursue in order to
 5993  earn industry certifications adopted pursuant to s. 1008.44,
 5994  which count as credits toward the high school diploma. Career
 5995  dual enrollment shall be available for secondary students
 5996  seeking a degree and industry certification through a career
 5997  education program or course. Each career center established
 5998  under s. 1001.44 shall enter into an agreement with each high
 5999  school in any school district it serves. Beginning with the
 6000  2019-2020 school year, the agreement must be completed annually
 6001  and submitted by the career center to the Department of
 6002  Education by August 1. The agreement must:
 6003         (d) Describe how students and parents will be informed of
 6004  career dual enrollment opportunities and related workforce
 6005  demand, how students can apply to participate in a career dual
 6006  enrollment program and register for courses through their high
 6007  schools his or her high school, and the postsecondary career
 6008  education expectations for participating students.
 6009         Revisers note.—Amended to improve clarity.
 6010         Section 181. Paragraph (c) of subsection (3) of section
 6011  1009.22, Florida Statutes, is amended to read:
 6012         1009.22 Workforce education postsecondary student fees.—
 6013         (3)
 6014         (c) Effective July 1, 2014, For programs leading to a
 6015  career certificate or an applied technology diploma, the
 6016  standard tuition shall be $2.33 per contact hour for residents
 6017  and nonresidents and the out-of-state fee shall be $6.99 per
 6018  contact hour. For adult general education programs, a block
 6019  tuition of $45 per half year or $30 per term shall be assessed.
 6020  Each district school board and Florida College System
 6021  institution board of trustees shall adopt policies and
 6022  procedures for the collection of and accounting for the
 6023  expenditure of the block tuition. All funds received from the
 6024  block tuition shall be used only for adult general education
 6025  programs. Students enrolled in adult general education programs
 6026  may not be assessed the fees authorized in subsection (5),
 6027  subsection (6), or subsection (7).
 6028         Revisers note.—Amended to delete obsolete language.
 6029         Section 182. Subsection (3) of section 1009.531, Florida
 6030  Statutes, is amended to read:
 6031         1009.531 Florida Bright Futures Scholarship Program;
 6032  student eligibility requirements for initial awards.—
 6033         (3) For purposes of calculating the grade point average to
 6034  be used in determining initial eligibility for a Florida Bright
 6035  Futures Scholarship, the department shall assign additional
 6036  weights to grades earned in the following courses:
 6037         (a) Courses identified in the course code directory as
 6038  Advanced Placement, pre-International Baccalaureate,
 6039  International Baccalaureate, International General Certificate
 6040  of Secondary Education (pre-AICE), or Advanced International
 6041  Certificate of Education.
 6042         (b) Courses designated as academic dual enrollment courses
 6043  in the statewide course numbering system.
 6044  
 6045  The department may assign additional weights to courses, other
 6046  than those described in paragraphs (a) and (b), that are
 6047  identified by the Department of Education as containing rigorous
 6048  academic curriculum and performance standards. The additional
 6049  weight assigned to a course pursuant to this subsection shall
 6050  not exceed 0.5 per course. The weighted system shall be
 6051  developed and distributed to all high schools in the state prior
 6052  to January 1, 1998. The department may determine a students
 6053  eligibility status during the senior year before graduation and
 6054  may inform the student of the award at that time.
 6055         Revisers note.—Amended to delete obsolete language.
 6056         Section 183. Subsection (3) of section 1011.32, Florida
 6057  Statutes, is amended to read:
 6058         1011.32 Florida College System Institution Facility
 6059  Enhancement Challenge Grant Program.—
 6060         (3) The Florida College System Institution Facility
 6061  Enhancement Challenge Grant Program Capital Facilities Matching
 6062  Program shall provide funds to match private contributions for
 6063  the development of high priority instructional and community
 6064  related capital facilities, including common areas connecting
 6065  such facilities, within the Florida College System institutions.
 6066         Revisers note.—Amended to conform to the correct name of the
 6067         program.
 6068         Section 184. Paragraph (c) of subsection (3) of section
 6069  1011.45, Florida Statutes, is amended to read:
 6070         1011.45 End of year balance of funds.—Unexpended amounts in
 6071  any fund in a university current year operating budget shall be
 6072  carried forward and included as the balance forward for that
 6073  fund in the approved operating budget for the following year.
 6074         (3) A universitys carry forward spending plan shall
 6075  include the estimated cost per planned expenditure and a
 6076  timeline for completion of the expenditure. Authorized
 6077  expenditures in a carry forward spending plan may include:
 6078         (c) Completion of a remodeling or infrastructure project,
 6079  including a project for a developmental development research
 6080  school, up to $10 million per project, if such project is survey
 6081  recommended pursuant to s. 1013.31;
 6082         Revisers note.—Amended to conform to s. 1002.32, which
 6083         establishes developmental research schools.
 6084         Section 185. Paragraph (e) of subsection (1) of section
 6085  1013.45, Florida Statutes, is amended to read:
 6086         1013.45 Educational facilities contracting and construction
 6087  techniques.—
 6088         (1) Boards may employ procedures to contract for
 6089  construction of new facilities, or for additions, remodeling,
 6090  renovation, maintenance, or repairs to existing facilities, that
 6091  will include, but not be limited to:
 6092         (e) Day-labor contracts not exceeding $280,000 for
 6093  construction, renovation, remodeling, or maintenance of existing
 6094  facilities. Beginning January 2009, This amount shall be
 6095  adjusted annually based upon changes in the Consumer Price
 6096  Index.
 6097         Revisers note.—Amended to delete obsolete language.
 6098         Section 186. Paragraph (b) of subsection (1) of section
 6099  1013.735, Florida Statutes, is amended to read:
 6100         1013.735 Classrooms for Kids Program.—
 6101         (1) ALLOCATION.—The department shall allocate funds
 6102  appropriated for the Classrooms for Kids Program. It is the
 6103  intent of the Legislature that this program be administered as
 6104  nearly as practicable in the same manner as the capital outlay
 6105  program authorized under s. 9(a), Art. XII of the State
 6106  Constitution. Each district school boards share of the annual
 6107  appropriation for the Classrooms for Kids Program must be
 6108  calculated according to the following formula:
 6109         (b) Ten percent of the appropriation must be allocated
 6110  among district school boards according to the allocation formula
 6111  in s. 1013.64(1)(a), excluding adult and career education
 6112  vocational technical facilities.
 6113         Revisers note.—Amended to conform to the redesignation of
 6114         “vocational technical facilities” as “career education
 6115         facilities” by ch. 2004-357, Laws of Florida.
 6116         Section 187. This act shall take effect on the 60th day
 6117  after adjournment sine die of the session of the Legislature in
 6118  which enacted.

Picture Name From Date Type
Lizbeth Benacquisto R-Tallahassee Sponsor
Date Branch Action
02/13/2020 Senate Chapter No. 2020-2
02/12/2020 Senate Approved by Governor
02/10/2020 Senate Signed by Officers and presented to Governor -SJ 278
02/05/2020 Senate Ordered enrolled -SJ 255
01/29/2020 House Substituted for HB 7031 -HJ 453 Read 2nd time -HJ 453 Read 3rd time -HJ 453 Passed; YEAS 117 NAYS 0 -HJ 453
01/23/2020 House Referred to Calendar -HJ 430 Placed on Special Order Calendar, 01/29/20 Received -HJ 430
01/22/2020 Senate Read 2nd time -SJ 152 Read 3rd time -SJ 152 Passed; YEAS 38 NAYS 0 -SJ 152 Immediately certified -SJ 153
01/22/2020 House In Messages
01/16/2020 Senate Placed on Special Order Calendar, 01/22/20 -SJ 153
01/15/2020 House S 596 Filed Rules 16 Yeas - 0 Nays
01/15/2020 House S 596 Filed Rules 16 Yeas - 0 Nays
01/15/2020 Senate Favorable by- Rules; YEAS 16 NAYS 0 -SJ 154 Placed on Calendar, on 2nd reading
1 to 12 of 20 Desc 12
Summary
Congress - Bill Number Major Title
Branch Vote Date Yes No Not Voting
Wiki





Start Description.
Deleting provisions that have expired, have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded; replacing incorrect cross-references and citations; correcting grammatical, typographical, and like errors; removing inconsistencies, redundancies, and unnecessary repetition in the statutes, etc.
End Description.

Bill TEXT Points.
This Bill has been listed with the following Subjects from Texts:
Adoption
184 Adoption of rules; citrus disease management

Appropriations
— 168 (4) The five criminal conflict and civil regional counsel 169 may employ and establish, in the numbers authorized by the 170 General Appropriations Act, assistant regional counsel and other 171 staff and personnel in each judicial district pursuant to s

Army
 Construction of STA 1 East is to be completed under the 3084 direction of the United States Army Corps of Engineers in 3085 conjunction with the currently authorized C-51 flood control 3086 project; 3087 3

Army Corps of Engineers
 Construction of STA 1 East is to be completed under the 3084 direction of the United States Army Corps of Engineers in 3085 conjunction with the currently authorized C-51 flood control 3086 project; 3087 3


End Bill TEXT Points.
Date Bill Major Title
Committee Name
Subject Type