Bill Text: FL S0076 | 2024 | Regular Session | Enrolled


Bill Title: Florida Statutes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2024-02-21 - Chapter No. 2024-3 [S0076 Detail]

Download: Florida-2024-S0076-Enrolled.html
       ENROLLED
       2024 Legislature                                           SB 76
       
       
       
       
       
       
                                                               202476er
    1  
    2         An act relating to the Florida Statutes; repealing ss.
    3         14.2019(5), 112.0441, 119.071(1)(g), 193.1557,
    4         197.3181, 197.3182, 197.3195, 216.181(11)(e), 220.27,
    5         288.860(5), 327.4109(6), 338.165(3)(b), 381.00317,
    6         420.0005(2), 627.749(3), 766.105, 796.07(5)(e),
    7         943.0433, and 1001.212(11), F.S., and amending s.
    8         409.908(2)(b), F.S., to delete provisions which have
    9         become inoperative by noncurrent repeal or expiration
   10         and, pursuant to s. 11.242(5)(b) and (i), F.S., may be
   11         omitted from the 2023 Florida Statutes only through a
   12         reviser’s bill duly enacted by the Legislature;
   13         amending ss. 194.032, 381.00318, 1001.10, 1002.351,
   14         1002.82, 1003.25, 1006.07, and 1006.1493, F.S., to
   15         conform to changes made by this act; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (5) of section 14.2019, Florida
   21  Statutes, is repealed.
   22         Reviser’s note.—The cited subsection, which relates to the First
   23         Responders Suicide Deterrence Task Force, was repealed
   24         pursuant to its own terms, effective July 1, 2023.
   25         Section 2. Section 112.0441, Florida Statutes, is repealed.
   26         Reviser’s note.—The cited section, which relates to prohibition
   27         on public employee COVID-19 vaccination mandates, expired
   28         pursuant to its own terms, effective June 1, 2023.
   29         Section 3. Paragraph (g) of subsection (1) of section
   30  119.071, Florida Statutes, is repealed.
   31         Reviser’s note.—The cited paragraph, which relates to
   32         confidentiality and exemption from public records
   33         requirements of United States Census Bureau address
   34         information, agency records that verify addresses, and
   35         agency records identifying address errors or information,
   36         held by an agency pursuant to the Local Update of Census
   37         Addresses Program authorized under 13 U.S.C. s. 16, was
   38         repealed pursuant to its own terms, effective October 2,
   39         2023.
   40         Section 4. Section 193.1557, Florida Statutes, is repealed.
   41         Reviser’s note.—The cited section, which relates to assessment
   42         of certain property damaged or destroyed by Hurricane
   43         Michael, was repealed pursuant to its own terms, effective
   44         December 31, 2023.
   45         Section 5. Section 197.3181, Florida Statutes, is repealed.
   46         Reviser’s note.—The cited section, which relates to refund of
   47         taxes for residential improvements rendered uninhabitable
   48         by Hurricane Ian or Hurricane Nicole, expired pursuant to
   49         its own terms, effective January 1, 2024.
   50         Section 6. Section 197.3182, Florida Statutes, is repealed.
   51         Reviser’s note.—The cited section, which relates to tax
   52         deadlines for real property destroyed or rendered
   53         uninhabitable by Hurricane Ian or Hurricane Nicole, expired
   54         pursuant to its own terms, effective January 1, 2024.
   55         Section 7. Section 197.3195, Florida Statutes, is repealed.
   56         Reviser’s note.—The cited section, which relates to abatement of
   57         ad valorem taxes and non-ad valorem assessments following
   58         destruction caused by a sudden and unforeseen collapse, was
   59         repealed pursuant to its own terms, effective December 31,
   60         2023.
   61         Section 8. Paragraph (e) of subsection (11) of section
   62  216.181, Florida Statutes, is repealed.
   63         Reviser’s note.—The cited paragraph, which relates to approval
   64         of budget amendments to increase the approved operating
   65         budgets for nonrecurring operational and fixed capital
   66         outlay expenditures of a state agency or an entity of the
   67         judicial branch when it is deemed necessary to offset cost
   68         increases driven by inflation, for the 2022-2023 fiscal
   69         year only, expired pursuant to its own terms, effective
   70         July 1, 2023.
   71         Section 9. Section 220.27, Florida Statutes, is repealed.
   72         Reviser’s note.—The cited section, which relates to additional
   73         required taxpayer information, was repealed pursuant to its
   74         own terms, effective January 1, 2023.
   75         Section 10. Subsection (5) of section 288.860, Florida
   76  Statutes, is repealed.
   77         Reviser’s note.—The cited subsection, which prohibits agreements
   78         with or acceptance of a grant from the Russian Federation
   79         by state agencies, political subdivisions, public schools,
   80         state colleges, or state universities, for the 2022-2023
   81         fiscal year only, expired pursuant to its own terms,
   82         effective July 1, 2023.
   83         Section 11. Subsection (6) of section 327.4109, Florida
   84  Statutes, is repealed.
   85         Reviser’s note.—The cited subsection, which relates to a study
   86         of the impacts of long-term stored vessels on local
   87         communities and this state, expired pursuant to its own
   88         terms, effective January 1, 2024.
   89         Section 12. Paragraph (b) of subsection (3) of section
   90  338.165, Florida Statutes, is repealed.
   91         Reviser’s note.—The cited paragraph, which prohibits toll rate
   92         adjustments for inflation for the 2022-2023 fiscal year,
   93         expired pursuant to its own terms, effective July 1, 2023.
   94         Section 13. Section 381.00317, Florida Statutes, is
   95  repealed.
   96         Reviser’s note.—The cited section, which relates to prohibition
   97         of private employer COVID-19 vaccination mandates, expired
   98         pursuant to its own terms, effective June 1, 2023.
   99         Section 14. Paragraph (b) of subsection (2) of section
  100  409.908, Florida Statutes, is amended to read:
  101         409.908 Reimbursement of Medicaid providers.—Subject to
  102  specific appropriations, the agency shall reimburse Medicaid
  103  providers, in accordance with state and federal law, according
  104  to methodologies set forth in the rules of the agency and in
  105  policy manuals and handbooks incorporated by reference therein.
  106  These methodologies may include fee schedules, reimbursement
  107  methods based on cost reporting, negotiated fees, competitive
  108  bidding pursuant to s. 287.057, and other mechanisms the agency
  109  considers efficient and effective for purchasing services or
  110  goods on behalf of recipients. If a provider is reimbursed based
  111  on cost reporting and submits a cost report late and that cost
  112  report would have been used to set a lower reimbursement rate
  113  for a rate semester, then the provider’s rate for that semester
  114  shall be retroactively calculated using the new cost report, and
  115  full payment at the recalculated rate shall be effected
  116  retroactively. Medicare-granted extensions for filing cost
  117  reports, if applicable, shall also apply to Medicaid cost
  118  reports. Payment for Medicaid compensable services made on
  119  behalf of Medicaid-eligible persons is subject to the
  120  availability of moneys and any limitations or directions
  121  provided for in the General Appropriations Act or chapter 216.
  122  Further, nothing in this section shall be construed to prevent
  123  or limit the agency from adjusting fees, reimbursement rates,
  124  lengths of stay, number of visits, or number of services, or
  125  making any other adjustments necessary to comply with the
  126  availability of moneys and any limitations or directions
  127  provided for in the General Appropriations Act, provided the
  128  adjustment is consistent with legislative intent.
  129         (2)
  130         (b) Subject to any limitations or directions in the General
  131  Appropriations Act, the agency shall establish and implement a
  132  state Title XIX Long-Term Care Reimbursement Plan for nursing
  133  home care in order to provide care and services in conformance
  134  with the applicable state and federal laws, rules, regulations,
  135  and quality and safety standards and to ensure that individuals
  136  eligible for medical assistance have reasonable geographic
  137  access to such care.
  138         1. The agency shall amend the long-term care reimbursement
  139  plan and cost reporting system to create direct care and
  140  indirect care subcomponents of the patient care component of the
  141  per diem rate. These two subcomponents together shall equal the
  142  patient care component of the per diem rate. Separate prices
  143  shall be calculated for each patient care subcomponent,
  144  initially based on the September 2016 rate setting cost reports
  145  and subsequently based on the most recently audited cost report
  146  used during a rebasing year. The direct care subcomponent of the
  147  per diem rate for any providers still being reimbursed on a cost
  148  basis shall be limited by the cost-based class ceiling, and the
  149  indirect care subcomponent may be limited by the lower of the
  150  cost-based class ceiling, the target rate class ceiling, or the
  151  individual provider target. The ceilings and targets apply only
  152  to providers being reimbursed on a cost-based system. Effective
  153  October 1, 2018, a prospective payment methodology shall be
  154  implemented for rate setting purposes with the following
  155  parameters:
  156         a. Peer Groups, including:
  157         (I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee
  158  Counties; and
  159         (II) South-SMMC Regions 10-11, plus Palm Beach and
  160  Okeechobee Counties.
  161         b. Percentage of Median Costs based on the cost reports
  162  used for September 2016 rate setting:
  163         (I) Direct Care Costs........................100 percent.
  164         (II) Indirect Care Costs......................92 percent.
  165         (III) Operating Costs.........................86 percent.
  166         c. Floors:
  167         (I) Direct Care Component.....................95 percent.
  168         (II) Indirect Care Component................92.5 percent.
  169         (III) Operating Component...........................None.
  170         d. Pass-through Payments..................Real Estate and
  171  ...............................................Personal Property
  172  ...................................Taxes and Property Insurance.
  173         e. Quality Incentive Program Payment
  174  Pool.....................................10 percent of September
  175  .......................................2016 non-property related
  176  ................................payments of included facilities.
  177         f. Quality Score Threshold to Quality for Quality Incentive
  178  Payment.....................................................20th
  179  ..............................percentile of included facilities.
  180         g. Fair Rental Value System Payment Parameters:
  181         (I) Building Value per Square Foot based on 2018 RS Means.
  182         (II) Land Valuation...10 percent of Gross Building value.
  183         (III) Facility Square Footage......Actual Square Footage.
  184         (IV) Movable Equipment Allowance..........$8,000 per bed.
  185         (V) Obsolescence Factor......................1.5 percent.
  186         (VI) Fair Rental Rate of Return................8 percent.
  187         (VII) Minimum Occupancy.......................90 percent.
  188         (VIII) Maximum Facility Age.....................40 years.
  189         (IX) Minimum Square Footage per Bed..................350.
  190         (X) Maximum Square Footage for Bed...................500.
  191         (XI) Minimum Cost of a renovation/replacements$500 per bed.
  192         h. Ventilator Supplemental payment of $200 per Medicaid day
  193  of 40,000 ventilator Medicaid days per fiscal year.
  194         2. The direct care subcomponent shall include salaries and
  195  benefits of direct care staff providing nursing services
  196  including registered nurses, licensed practical nurses, and
  197  certified nursing assistants who deliver care directly to
  198  residents in the nursing home facility, allowable therapy costs,
  199  and dietary costs. This excludes nursing administration, staff
  200  development, the staffing coordinator, and the administrative
  201  portion of the minimum data set and care plan coordinators. The
  202  direct care subcomponent also includes medically necessary
  203  dental care, vision care, hearing care, and podiatric care.
  204         3. All other patient care costs shall be included in the
  205  indirect care cost subcomponent of the patient care per diem
  206  rate, including complex medical equipment, medical supplies, and
  207  other allowable ancillary costs. Costs may not be allocated
  208  directly or indirectly to the direct care subcomponent from a
  209  home office or management company.
  210         4. On July 1 of each year, the agency shall report to the
  211  Legislature direct and indirect care costs, including average
  212  direct and indirect care costs per resident per facility and
  213  direct care and indirect care salaries and benefits per category
  214  of staff member per facility.
  215         5. Every fourth year, the agency shall rebase nursing home
  216  prospective payment rates to reflect changes in cost based on
  217  the most recently audited cost report for each participating
  218  provider.
  219         6. A direct care supplemental payment may be made to
  220  providers whose direct care hours per patient day are above the
  221  80th percentile and who provide Medicaid services to a larger
  222  percentage of Medicaid patients than the state average.
  223         7. For the period beginning on October 1, 2018, and ending
  224  on September 30, 2021, the agency shall reimburse providers the
  225  greater of their September 2016 cost-based rate or their
  226  prospective payment rate. Effective October 1, 2021, the agency
  227  shall reimburse providers the greater of 95 percent of their
  228  cost-based rate or their rebased prospective payment rate, using
  229  the most recently audited cost report for each facility. This
  230  subparagraph shall expire September 30, 2023.
  231         7.8. Pediatric, Florida Department of Veterans Affairs, and
  232  government-owned facilities are exempt from the pricing model
  233  established in this subsection and shall remain on a cost-based
  234  prospective payment system. Effective October 1, 2018, the
  235  agency shall set rates for all facilities remaining on a cost
  236  based prospective payment system using each facility’s most
  237  recently audited cost report, eliminating retroactive
  238  settlements.
  239  
  240  It is the intent of the Legislature that the reimbursement plan
  241  achieve the goal of providing access to health care for nursing
  242  home residents who require large amounts of care while
  243  encouraging diversion services as an alternative to nursing home
  244  care for residents who can be served within the community. The
  245  agency shall base the establishment of any maximum rate of
  246  payment, whether overall or component, on the available moneys
  247  as provided for in the General Appropriations Act. The agency
  248  may base the maximum rate of payment on the results of
  249  scientifically valid analysis and conclusions derived from
  250  objective statistical data pertinent to the particular maximum
  251  rate of payment. The agency shall base the rates of payments in
  252  accordance with the minimum wage requirements as provided in the
  253  General Appropriations Act.
  254         Reviser’s note.—Amended to conform to the expiration of
  255         subparagraph 7. pursuant to its own terms, effective
  256         September 30, 2023.
  257         Section 15. Subsection (2) of section 420.0005, Florida
  258  Statutes, is repealed.
  259         Reviser’s note.—The cited subsection, which relates to use of
  260         funds relating to the State Housing Trust Fund and the
  261         State Housing Fund for the 2022-2023 fiscal year, expired
  262         pursuant to its own terms, effective July 1, 2023.
  263         Section 16. Subsection (3) of section 627.749, Florida
  264  Statutes, is repealed.
  265         Reviser’s note.—The cited subsection, which relates to
  266         additional insurance coverage requirements for autonomous
  267         vehicles, was repealed pursuant to its own terms, effective
  268         January 1, 2024.
  269         Section 17. Section 766.105, Florida Statutes, is repealed.
  270         Reviser’s note.—The cited section, which relates to the Florida
  271         Patient’s Compensation fund, was repealed pursuant to its
  272         own terms, effective January 1, 2024.
  273         Section 18. Paragraph (e) of subsection (5) of section
  274  796.07, Florida Statutes, is repealed.
  275         Reviser’s note.—The cited paragraph, which relates to the
  276         Soliciting for Prostitution Public Database, was repealed
  277         pursuant to its own terms, effective January 1, 2024.
  278         Section 19. Section 943.0433, Florida Statutes, is
  279  repealed.
  280         Reviser’s note.—The cited section, which creates the Soliciting
  281         for Prostitution Public Database, was repealed pursuant to
  282         its own terms, effective January 1, 2024.
  283         Section 20. Subsection (11) of section 1001.212, Florida
  284  Statutes, is repealed.
  285         Reviser’s note.—The cited subsection, which relates to a School
  286         Hardening and Harm Mitigation Workgroup, was repealed
  287         pursuant to its own terms, effective June 30, 2023.
  288         Section 21. Paragraph (b) of subsection (1) of section
  289  194.032, Florida Statutes, is amended to read:
  290         194.032 Hearing purposes; timetable.—
  291         (1)
  292         (b) Notwithstanding the provisions of paragraph (a), the
  293  value adjustment board may meet prior to the approval of the
  294  assessment rolls by the Department of Revenue, but not earlier
  295  than July 1, to hear appeals pertaining to the denial by the
  296  property appraiser of exemptions, tax abatements under s.
  297  197.3195, tax refunds under s. ss. 197.3181 and 197.319,
  298  agricultural and high-water recharge classifications,
  299  classifications as historic property used for commercial or
  300  certain nonprofit purposes, and deferrals under subparagraphs
  301  (a)2., 3., and 4. In such event, however, the board may not
  302  certify any assessments under s. 193.122 until the Department of
  303  Revenue has approved the assessments in accordance with s.
  304  193.1142 and all hearings have been held with respect to the
  305  particular parcel under appeal.
  306         Reviser’s note.—Amended to conform to the repeal of ss. 197.3181
  307         and 197.3195 by this act.
  308         Section 22. Subsection (1) of section 381.00318, Florida
  309  Statutes, is amended to read:
  310         381.00318 Complaints and investigations regarding mandate
  311  prohibitions; public records exemption.—
  312         (1) A complaint alleging a business entity’s, a
  313  governmental entity’s, or an educational institution’s violation
  314  of s. 381.00316, s. 381.00317, or s. 381.00319, and all
  315  information relating to an investigation of such complaint, held
  316  by the Department of Legal Affairs or the Department of Health
  317  is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  318  I of the State Constitution until the investigation is completed
  319  or ceases to be active. For purposes of this section, an
  320  investigation is considered “active” while such investigation is
  321  being conducted by the Department of Legal Affairs or the
  322  Department of Health with a reasonable good faith belief that it
  323  may lead to a determination of whether there was a violation of
  324  s. 381.00316, s. 381.00317, or s. 381.00319. An investigation
  325  does not cease to be active if the Department of Legal Affairs
  326  or the Department of Health is proceeding with reasonable
  327  dispatch and there is a good faith belief that action may be
  328  initiated by the Department of Legal Affairs or the Department
  329  of Health.
  330         Reviser’s note.—Amended to conform to the repeal of s. 381.00317
  331         by this act.
  332         Section 23. Subsection (9) of section 1001.10, Florida
  333  Statutes, is amended to read:
  334         1001.10 Commissioner of Education; general powers and
  335  duties.—
  336         (9) The commissioner shall review the report of the School
  337  Hardening and Harm Mitigation Workgroup regarding hardening and
  338  harm mitigation strategies and recommendations submitted by the
  339  Office of Safe Schools, pursuant to s. 1001.212(11). By
  340  September 1, 2020, the commissioner shall submit a summary of
  341  such recommendations to the Governor, the President of the
  342  Senate, and the Speaker of the House of Representatives.
  343         Reviser’s note.—Amended to conform to the repeal of s.
  344         1001.212(11) by this act and to delete obsolete material.
  345         Section 24. Paragraph (b) of subsection (2) of section
  346  1002.351, Florida Statutes, is amended to read:
  347         1002.351 The Florida School for Competitive Academics.—
  348         (2) MISSION.—
  349         (b) To assist in the recruitment of students, the Florida
  350  School for Competitive Academics must be included in the school
  351  choice online portal established under s. 1001.10(9)
  352  1001.10(10). The portal must include information about the
  353  opportunity for parents to submit their child’s educational
  354  records to the Florida School for Competitive Academics for
  355  consideration for admission.
  356         Reviser’s note.—Amended to conform to the repeal of s.
  357         1001.10(9) by this act.
  358         Section 25. Paragraph (q) of subsection (2) of section
  359  1002.82, Florida Statutes, is amended to read:
  360         1002.82 Department of Education; powers and duties.—
  361         (2) The department shall:
  362         (q) Establish a single statewide information system that
  363  each coalition must use for the purposes of managing the single
  364  point of entry, tracking children’s progress, coordinating
  365  services among stakeholders, determining eligibility of
  366  children, tracking child attendance, and streamlining
  367  administrative processes for providers and early learning
  368  coalitions. By July 1, 2019, the system, subject to ss. 1002.72
  369  and 1002.97, shall:
  370         1. Allow a parent to find early learning programs online,
  371  including the performance profile under s. 1002.92(3)(a) which
  372  must be integrated into the online portal under s. 1001.10(9)
  373  1001.10(10).
  374         2. Allow a parent to monitor the development of his or her
  375  child as the child moves among programs within the state.
  376         3. Enable analysis at the state, regional, and local level
  377  to measure child growth over time, program impact, and quality
  378  improvement and investment decisions.
  379         Reviser’s note.—Amended to conform to the repeal of s.
  380         1001.10(9) by this act.
  381         Section 26. Paragraph (a) of subsection (2) of section
  382  1003.25, Florida Statutes, is amended to read:
  383         1003.25 Procedures for maintenance and transfer of student
  384  records.—
  385         (2) The procedure for transferring and maintaining records
  386  of students who transfer from school to school is prescribed by
  387  rules of the State Board of Education. The transfer of records
  388  must occur within 5 school days. The records must include, if
  389  applicable:
  390         (a) Verified reports of serious or recurrent behavior
  391  patterns, including any threat assessment report, all
  392  corresponding documentation, and any other information required
  393  by the Florida-specific behavioral threat assessment instrument
  394  pursuant to s. 1001.212(11) 1001.212(12) which contains the
  395  evaluation, intervention, and management of the threat
  396  assessment evaluations and intervention services.
  397         Reviser’s note.—Amended to conform to the repeal of s.
  398         1001.212(11) by this act.
  399         Section 27. Paragraphs (a), (d), and (i) of subsection (7)
  400  of section 1006.07, Florida Statutes, are amended to read:
  401         1006.07 District school board duties relating to student
  402  discipline and school safety.—The district school board shall
  403  provide for the proper accounting for all students, for the
  404  attendance and control of students at school, and for proper
  405  attention to health, safety, and other matters relating to the
  406  welfare of students, including:
  407         (7) THREAT MANAGEMENT TEAMS.—Each district school board and
  408  charter school governing board shall establish a threat
  409  management team at each school whose duties include the
  410  coordination of resources and assessment and intervention with
  411  students whose behavior may pose a threat to the safety of the
  412  school, school staff, or students.
  413         (a) Upon the availability of a statewide behavioral threat
  414  management operational process developed pursuant to s.
  415  1001.212(11) 1001.212(12), all threat management teams shall use
  416  the operational process.
  417         (d) Upon the availability of the Florida-specific
  418  behavioral threat assessment instrument developed pursuant to s.
  419  1001.212(11) 1001.212(12), all threat management teams shall use
  420  that instrument when evaluating the behavior of students who may
  421  pose a threat to the school, school staff, or students and to
  422  coordinate intervention and services for such students.
  423         (i) The threat management team shall prepare a threat
  424  assessment report required by the Florida-specific behavioral
  425  threat assessment instrument developed pursuant to s.
  426  1001.212(11) 1001.212(12). A threat assessment report, all
  427  corresponding documentation, and any other information required
  428  by the Florida-specific behavioral threat assessment instrument
  429  in the threat management portal is an education record.
  430         Reviser’s note.—Amended to conform to the repeal of s.
  431         1001.212(11) by this act.
  432         Section 28. Paragraph (b) of subsection (2) of section
  433  1006.1493, Florida Statutes, is amended to read:
  434         1006.1493 Florida Safe Schools Assessment Tool.—
  435         (2) The FSSAT must help school officials identify threats,
  436  vulnerabilities, and appropriate safety controls for the schools
  437  that they supervise, pursuant to the security risk assessment
  438  requirements of s. 1006.07(6).
  439         (b) The department shall require by contract that the
  440  security consulting firm:
  441         1. Generate written automated reports on assessment
  442  findings for review by the department and school and district
  443  officials;
  444         2. Provide training to the department and school officials
  445  in the use of the FSSAT and other areas of importance identified
  446  by the department; and
  447         3. Advise in the development and implementation of
  448  templates, formats, guidance, and other resources necessary to
  449  facilitate the implementation of this section at state,
  450  district, school, and local levels.; and
  451         4. Review recommendations of the School Hardening and Harm
  452  Mitigation Workgroup established under s. 1001.212(11) to
  453  address physical security measures identified by the FSSAT.
  454         Reviser’s note.—Amended to conform to the repeal of s.
  455         1001.212(11) by this act.
  456         Section 29. This act shall take effect on the 60th day
  457  after adjournment sine die of the session of the Legislature in
  458  which enacted.

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