|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
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that have expired, have become obsolete, have had their effect, have served their purpose, or have been impliedly repealed or superseded; replacing incorrect cross-references and citations; correcting grammatical, typographical, and like errors; removing inconsistencies, redundancies, and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.
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 the60 Statewide Office for Suicide Prevention, seven members shall be61 appointed to initial terms of 3 years, and seven members shall62 be appointed to initial terms of 4 years. For the members63 appointed by the Governor, two members shall be appointed to64 initial terms of 4 years, and two members shall be appointed to65 initial terms of 3 years. Thereafter, suchMembers 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 ora 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 initialreport by the commission must 128 be delivered to the Governor and the Legislature by December 15 ,129 2000, andeach 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 toas 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 offices186 initial establishment andbefore 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 Clerkof 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 Clerkof 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 Clerkof 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 CourtsCorporation. 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 Administrationpension 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 provisions761 of this subsection do not apply to a private employment agency762 licensed pursuant to the provisions of chapter 449 when the763 services of such private employment agency are requested by a764 state agency, board, department, or commission and neither the765 state nor any political subdivision pays the private employment766 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 has827 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 Collegesas: 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 plan1090 must be submitted to the President of the Senate and the Speaker1091 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 and163.3184. 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 July1188 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 Managementof 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 only1289 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) , granted1305 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 be1309 required toinclude social security numbers of the applicant and 1310 the applicants spouse, if any , and shall include such1311 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 in1362 the Division of Universitiesof 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 in1381 the Division of Universitiesof 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 by1415 this paragraph on manufactured asphalt which is used for any1416 federal, state, or local government public works project shall1417 be reduced by 20 percent.1418 b. Beginning July 1, 2000, the indexed tax imposed by this1419 paragraph on manufactured asphalt which is used for any federal,1420 state, or local government public works project shall be reduced1421 by 40 percent.1422 c. Beginning July 1, 2016, the indexed tax imposed by this1423 paragraph on manufactured asphalt which is used for any federal,1424 state, or local government public works project shall be reduced1425 by 60 percent.1426 d. Beginning July 1, 2017, the indexed tax imposed by this1427 paragraph on manufactured asphalt which is used for any federal,1428 state, or local government public works project shall be reduced1429 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 Veterans1472 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 Administrationis 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. A1611 lump sum payment of $999,996 shall be made after certification1612 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 or1638 more than$13 million annually thereafterunder 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 State1642 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 and220.193 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 under1752 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 not1783 claim a credit under s. 220.192. A taxpayer claiming credit1784 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 is1798 encouraged to initiate and complete development of its plan1799 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 certifiedunder 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 of2115 the first updated disparity study must be presented to the2116 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 publishan 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, the2189 President of the Senate, and the Speaker of the House of2190 Representatives each shall appoint one member for a term of 12191 year, one member for a term of 2 years, and one member for a2192 term of 4 years to achieve staggered terms among the members of2193 the board. A member is not eligible for reappointment to the 2194 board, except, however, that a member appointed to an initial2195 term of 1 year or 2 years may be reappointed for an additional2196 term of 4 years, and aperson 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 the2199 Senate, and the Speaker of the House of Representatives shall2200 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 Veterans2283 Administrationpursuant to such act and amendments thereto; or 2284 if the United States Department of Veterans Affairs Veterans2285 Administrationis 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. The2333 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 not2352 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 such2368 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, t he department and each county2552 shall transfer all of its Choose Life license plate funds to2553 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 herrenewal 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 herrenewal 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 or2605 herrenewal 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 this2615 section which is currently being used in the installation of2616 mobile homes in this state is not required to be certified in2617 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 impedeboat 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 than2786 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 the3001 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 by3263 January 1, 2007, and a determination made related to the need to3264 continue or modify this section. New loan guarantees may not be3265 approved in 2007 until the review by the Legislature has been3266 completed and a determination has been made as to the3267 feasibility of continuing the use of the Inland Protection Trust3268 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 energy3279 technologies investment tax credit authorized in s. 220.192 and3280 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 tax3287 credit authorized in s. 220.192:3288 a. The name of each taxpayer receiving an allocation under3289 this section;3290 b. The amount of the credits allocated for that fiscal year3291 for each taxpayer; and3292 c. The type of technology and a description of each3293 investment for which each taxpayer receives an allocation.3294 2. For the renewable energy production credit authorized in3295 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, the3354 commission shall waive all fees under this subsection for all3355 persons who qualify by September 30, 2007, to participate in the3356 blue crab effort management program established by commission3357 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 report3439 on their collective findings and recommendations by January 1,3440 2010, to the Governor, the President of the Senate, the Speaker3441 of the House of Representatives, and the State Surgeon General.3442 (10) IMPLEMENTATION TIMELINE.—The department shall3443 administer grants in a manner that will allow each participating3444 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 as3453 defined ins. 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 Sarasota3472 Counties. As a result of the recommendations regarding expansion3473 of the demonstration models contained in the evaluation report3474 of December 31, 2003, the department, in cooperation with the3475 agency, may expand the demonstration models to other areas in3476 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 in3563 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 of3688 that section for procuring products or materials with recycled3689 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 theDepartment 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 not3714 under contract for construction on July 1, 1977, shall not be3715 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, is3750 employed by, or contracts with a licensee on July 31, 2010, who3751 has been screened and qualified according to standards specified3752 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 a3755 disqualifying offense at the time of the last screening, but is3756 a current disqualifying offense and was committed before the3757 last screening, he or she may apply for an exemption from the3758 appropriate licensing agency and, if agreed to by the employer,3759 may continue to perform his or her duties until the licensing3760 agency renders a decision on the application for exemption if3761 the person is eligible to apply for an exemption and the3762 exemption request is received by the agency within 30 days after3763 receipt of the rescreening results by the person. The3764 rescreening schedule shall be:3765 (a) Individuals for whom the last screening was conducted3766 on or before December 31, 2004, must be rescreened by July 31,3767 2013.3768 (b) Individuals for whom the last screening conducted was3769 between January 1, 2005, and December 31, 2008, must be3770 rescreened by July 31, 2014.3771 (c) Individuals for whom the last screening conducted was3772 between January 1, 2009, through July 31, 2011, must be3773 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, new3790 waiver requests, or requests for extensions or expansions for3791 existing waivers, needed to implement the managed care program3792 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 managed3800 medical assistance program, with full implementation in all3801 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 begin3811 implementation of the statewide long-term care managed care3812 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, or3820 conditionally approve a Learning Gateway proposal within 60 days3821 after receipt of the proposal. If a proposal is conditionally3822 approved, the steering committee must assist the Learning3823 Gateway applicant to correct deficiencies in the proposal by3824 December 1, 2002. Funds must be available to a pilot program 153825 days after final approval of its proposal by the steering3826 committee. Funds must be available to all pilot programs by3827 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 formative3833 evaluation of the project during implementation, including3834 reporting short-term outcomes and system improvements. By3835 January 2005, the steering committee shall make recommendations3836 to the Governor, the President of the Senate, the Speaker of the3837 House of Representatives, and the Commissioner of Education3838 related to the merits of expansion of the demonstration3839 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 than3916 August 1, 2004,and may remove any member for cause. Each member 3917 shall be appointed to a term of 4 years. However, for the3918 purpose of providing staggered terms, of the initial3919 appointments not representing state agencies, seven members,3920 including the audiologist and the hearing aid specialist, shall3921 be appointed to 2-year terms and six members shall be appointed3922 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 later3938 than August 1, 2004.The council members , at the organizational3939 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 housing3958 development organization established pursuant to 24 C.F.R. s.3959 92.2 and a community development corporation created pursuant to3960 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 subparagraph3980 does not apply to a county or an eligible municipality that3981 includes, or has included within the previous 5 years, an area3982 of critical state concern designated or ratified by the3983 Legislature for which the Legislature has declared its intent to3984 provide affordable housing. The exemption created by this act3985 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 July4057 31, 2011, must be screened by July 1, 2013. The department may4058 adopt rules to establish a schedule to stagger the4059 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 have4110 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 who4182 matriculated in a college of osteopathic medicine during or4183 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 year4243 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 orto 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 todeny 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 after4327 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 October4336 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 active4372 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, is4377 $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 no4388 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 andchapter 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 the4447 Secretary of State shall be transferred to the Commissioner of4448 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 of4523 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 wasapplied 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, and90 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 toadd 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.— Effective4639 December 31, 2008, andNotwithstanding 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 to4656 obtain accreditation pursuant to this section prior to December4657 30, 2003, shall have its approval terminated by operation of law4658 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 recording4674 anticipated recoveries from the Special Disability Trust Fund4675 shall limit the aggregate amount to the amount management4676 reasonably expects will be reimbursed or the following amount,4677 whichever is lower:4678 a. For financial statements filed in 2000, an insurer may4679 take accounting credit in an amount equaling 80 percent of the4680 amount utilized in calendar year 1996.4681 b. For financial statements filed in 2001, an insurer may4682 take accounting credit in an amount equaling 60 percent of the4683 amount utilized in calendar year 1996.4684 c. For financial statements filed in 2002, an insurer may4685 take accounting credit in an amount equaling 40 percent of the4686 amount utilized in calendar year 1996.4687 d. For financial statements filed in 2003, an insurer may4688 take accounting credit in an amount equaling 20 percent of the4689 amount utilized in calendar year 1996.4690 2. Subparagraph 1. does not apply to an insurer recording4691 anticipated recoveries from the Special Disability Trust Fund on4692 the basis of:4693 a. A proof of claim which the fund has reviewed, determined4694 to be a valid claim and so notified the carrier, and extended a4695 payment offer; or4696 b. A reimbursement request audited and approved for payment4697 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 December4729 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 of4739 authoritypursuant 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 settlement4765 provider licensed in this state prior to June 1, 2004, which has4766 deposited and maintains continuously deposited in trust with the4767 department securities in the amount of $25,000 and which posted4768 and maintains continuously posted a security bond acceptable to4769 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 chapterdoes 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 insureror 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 taxas 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 distributingthe 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 begun4935 after October 1, 2000, not under active review by a mediator,4936 arbitrator, or third-party dispute entity, shall result in a4937 final decision on the claim by the health maintenance4938 organization by January 2, 2003, for the purpose of the4939 statewide provider and health plan claim dispute resolution4940 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 ins. 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 Recording4977 Advisory Committee, which is hereby created. The Florida4978 Association of Court Clerks and Comptrollers shall provide4979 administrative support to the committee and technical support to4980 the Department of State and the committee at no charge. The4981 committee shall consist of nine members, as follows:4982 1. Five members appointed by the Florida Association of4983 Court Clerks and Comptrollers, one of whom must be an official4984 from a large urban charter county where the duty to maintain4985 official records exists in a county office other than the clerk4986 of court or comptroller.4987 2. One attorney appointed by the Real Property, Probate and4988 Trust Law Section of The Florida Bar Association.4989 3. Two members appointed by the Florida Land Title4990 Association.4991 4. One member appointed by the Florida Bankers Association.4992 (b) Appointed members shall serve a 1-year term. All4993 initial terms shall commence on the effective date of this act.4994 Members shall serve until their successors are appointed. An4995 appointing authority may reappoint a member for successive4996 terms. A vacancy on the committee shall be filled in the same4997 manner in which the original appointment was made, and the term4998 shall be for the balance of the unexpired term.4999 (c) The first meeting of the committee shall be within 605000 days of the effective date of this act. Thereafter, the5001 committee shall meet at the call of the chair, but at least5002 annually.5003 (d) The members of the committee shall serve without5004 compensation and shall not claim per diem and travel expenses5005 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, in5013 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 reappointments5074 made after January 1, 1995. It does not prohibit a member of a5075 decisionmaking or regulatory board, commission, council, or5076 committee from completing a term being served as such member5077 when this act takes effect. A person appointed to a5078 decisionmaking or regulatory board, commission, council, or5079 committee before January 1, 1995, may not be removed from office5080 solely for the purpose of meeting the requirements of this5081 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 any5087 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 Veterans5161 Administrationunder 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 summary5377 from these reviews to the Office of Program Policy Analysis and5378 Government Accountability. The Office of Program Policy Analysis5379 and Government Accountability shall analyze this data and5380 provide a written report to the President of the Senate and the5381 Speaker of the House of Representatives by March 1, 2006. The5382 report must include, at a minimum, any identified systemic5383 deficiencies in managing high-risk offenders on community5384 supervision, any patterns of noncompliance by correctional5385 probation officers, and recommendations for improving the5386 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 the5568 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; or5584 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 reassignthe 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 the5944 State Health Plan andintegrated 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 belimited 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 prior6052 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 Matching6062 Programshall 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 developmentresearch 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 technicalfacilities. 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.
|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|
|01/16/2020||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|