Bill Text: FL S0034 | 2023 | Regular Session | Enrolled


Bill Title: Florida Statutes

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2023-03-27 - Chapter No. 2023-9 [S0034 Detail]

Download: Florida-2023-S0034-Enrolled.html
       ENROLLED
       2023 Legislature                                           SB 34
       
       
       
       
       
       
                                                               202334er
    1  
    2         An act relating to the Florida Statutes; repealing ss.
    3         215.5601, 259.105(3)(m), 381.00652, 381.988(11),
    4         400.962(6), 408.036(3)(n), 409.996(27), 1002.39,
    5         1003.52(23), and 1006.33(5), F.S., and amending s.
    6         341.052, F.S., to delete provisions which have become
    7         inoperative by noncurrent repeal or expiration and,
    8         pursuant to s. 11.242(5)(b) and (i), F.S., may be
    9         omitted from the 2023 Florida Statutes only through a
   10         reviser’s bill duly enacted by the Legislature; and
   11         amending ss. 381.0065, 1002.31, 1002.394, and
   12         1002.421, F.S., to conform to the changes made by this
   13         act; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 215.5601, Florida Statutes, is repealed.
   18         Reviser’s note.—The cited section, which creates the Lawton
   19         Chiles Endowment Fund, was repealed by s. 5, ch. 2021-43,
   20         Laws of Florida, effective July 1, 2022. Since the section
   21         was not repealed by a “current session” of the Legislature,
   22         it may be omitted from the 2023 Florida Statutes only
   23         through a reviser’s bill duly enacted by the Legislature.
   24         See s. 11.242(5)(b) and (i).
   25         Section 2. Paragraph (m) of subsection (3) of section
   26  259.105, Florida Statutes, is repealed.
   27         Reviser’s note.—The cited paragraph, which authorizes $1,998,100
   28         to the Department of Environmental Protection for grants
   29         pursuant to s. 375.075 for the 2021-2022 fiscal year only,
   30         expired pursuant to its own terms, effective July 1, 2022.
   31         Section 3. Paragraphs (a) and (b) of subsection (3) of
   32  section 341.052, Florida Statutes, are amended to read:
   33         341.052 Public transit block grant program; administration;
   34  eligible projects; limitation.—
   35         (3) The following limitations shall apply to the use of
   36  public transit block grant program funds:
   37         (a)1. State participation in eligible capital projects
   38  shall be limited to 50 percent of the nonfederal share of such
   39  project costs.
   40         2. For the 2021-2022 fiscal year only, local participation
   41  in eligible capital projects may be less than 50 percent of the
   42  nonfederal share of such project costs. This subparagraph
   43  expires July 1, 2022.
   44         (b)1. State participation in eligible public transit
   45  operating costs may not exceed 50 percent of such costs or an
   46  amount equal to the total revenue, excluding farebox, charter,
   47  and advertising revenue and federal funds, received by the
   48  provider for operating costs, whichever amount is less.
   49         2. For the 2021-2022 fiscal year only, local participation
   50  in eligible public transit operating costs may be less than 50
   51  percent of such operating costs. This subparagraph expires July
   52  1, 2022.
   53         Reviser’s note.—Amended to conform to the repeal of
   54         subparagraphs (3)(a)2. and (b)2. pursuant to their own
   55         terms, effective July 1, 2022.
   56         Section 4. Section 381.00652, Florida Statutes, is
   57  repealed.
   58         Reviser’s note.—The cited section, which creates the onsite
   59         sewage treatment and disposal systems technical advisory
   60         committee, expired pursuant to its own terms, effective
   61         August 15, 2022.
   62         Section 5. Subsection (11) of section 381.988, Florida
   63  Statutes, is repealed.
   64         Reviser’s note.—The cited subsection, which relates to rules
   65         adopted under subsection (9) before July 1, 2022, not being
   66         subject to ss. 120.54(3)(b) and 120.541, expired pursuant
   67         to its own terms, effective July 1, 2022.
   68         Section 6. Subsection (6) of section 400.962, Florida
   69  Statutes, is repealed.
   70         Reviser’s note.—The cited subsection, which relates to
   71         demonstration and maintenance of criteria for certificate
   72         of-need-exemption under s. 408.306(3)(n) for intermediate
   73         care facilities for developmentally disabled persons, was
   74         repealed by s. 2, ch. 2020-60, Laws of Florida, and s. 7,
   75         ch. 2020-71, Laws of Florida, codified as s.
   76         408.036(3)(o)3. in 2020 and since redesignated as s.
   77         408.036(3)(n)3., effective July 1, 2022. Since the
   78         subsection was not repealed by a “current session” of the
   79         Legislature, it may be omitted from the 2023 Florida
   80         Statutes only through a reviser’s bill duly enacted by the
   81         Legislature. See s. 11.242(5)(b) and (i).
   82         Section 7. Paragraph (n) of subsection (3) of section
   83  408.036, Florida Statutes, is repealed.
   84         Reviser’s note.—The cited paragraph, which provides for an
   85         exemption from certificate-of-need requirements for
   86         specified new intermediate care facilities for
   87         developmentally disabled persons, was repealed pursuant to
   88         its own terms, effective July 1, 2022.
   89         Section 8. Subsection (27) of section 409.996, Florida
   90  Statutes, is repealed.
   91         Reviser’s note.—The cited subsection, which requires
   92         implementation of a pilot project in the Sixth and
   93         Thirteenth Judicial Circuits, for the 2020-2021 and 2021
   94         2022 fiscal years, aimed at improving child welfare
   95         outcomes, expired pursuant to its own terms, effective July
   96         1, 2022.
   97         Section 9. Section 1002.39, Florida Statutes, is repealed.
   98         Reviser’s note.—The cited section, which establishes the John M.
   99         McKay Scholarships for Students with Disabilities Program,
  100         was repealed pursuant to its own terms, effective July 1,
  101         2022.
  102         Section 10. Subsection (23) of section 1003.52, Florida
  103  Statutes, is repealed.
  104         Reviser’s note.—The cited subsection, which authorizes the
  105         Department of Juvenile Justice, in consultation with the
  106         Department of Education and for the 2021-2022 fiscal year,
  107         to evaluate the viability of an alternative model for
  108         providing and funding educational services for youth in
  109         detention and residential facilities, expired pursuant to
  110         its own terms, effective June 1, 2022.
  111         Section 11. Subsection (5) of section 1006.33, Florida
  112  Statutes, is repealed.
  113         Reviser’s note.—The cited subsection, which authorizes the
  114         Department of Education to establish timeframes for the
  115         advertisement and submission of bids for instructional
  116         materials for the 2020 adoption cycle, expired pursuant to
  117         its own terms, effective July 1, 2022.
  118         Section 12. Paragraph (e) of subsection (4) of section
  119  381.0065, Florida Statutes, is amended to read:
  120         381.0065 Onsite sewage treatment and disposal systems;
  121  regulation.—
  122         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
  123  construct, repair, modify, abandon, or operate an onsite sewage
  124  treatment and disposal system without first obtaining a permit
  125  approved by the department. The department may issue permits to
  126  carry out this section, except that the issuance of a permit for
  127  work seaward of the coastal construction control line
  128  established under s. 161.053 shall be contingent upon receipt of
  129  any required coastal construction control line permit from the
  130  department. A construction permit is valid for 18 months after
  131  the date of issuance and may be extended by the department for
  132  one 90-day period under rules adopted by the department. A
  133  repair permit is valid for 90 days after the date of issuance.
  134  An operating permit must be obtained before the use of any
  135  aerobic treatment unit or if the establishment generates
  136  commercial waste. Buildings or establishments that use an
  137  aerobic treatment unit or generate commercial waste shall be
  138  inspected by the department at least annually to assure
  139  compliance with the terms of the operating permit. The operating
  140  permit for a commercial wastewater system is valid for 1 year
  141  after the date of issuance and must be renewed annually. The
  142  operating permit for an aerobic treatment unit is valid for 2
  143  years after the date of issuance and must be renewed every 2
  144  years. If all information pertaining to the siting, location,
  145  and installation conditions or repair of an onsite sewage
  146  treatment and disposal system remains the same, a construction
  147  or repair permit for the onsite sewage treatment and disposal
  148  system may be transferred to another person, if the transferee
  149  files, within 60 days after the transfer of ownership, an
  150  amended application providing all corrected information and
  151  proof of ownership of the property. A fee is not associated with
  152  the processing of this supplemental information. A person may
  153  not contract to construct, modify, alter, repair, service,
  154  abandon, or maintain any portion of an onsite sewage treatment
  155  and disposal system without being registered under part III of
  156  chapter 489. A property owner who personally performs
  157  construction, maintenance, or repairs to a system serving his or
  158  her own owner-occupied single-family residence is exempt from
  159  registration requirements for performing such construction,
  160  maintenance, or repairs on that residence, but is subject to all
  161  permitting requirements. A municipality or political subdivision
  162  of the state may not issue a building or plumbing permit for any
  163  building that requires the use of an onsite sewage treatment and
  164  disposal system unless the owner or builder has received a
  165  construction permit for such system from the department. A
  166  building or structure may not be occupied and a municipality,
  167  political subdivision, or any state or federal agency may not
  168  authorize occupancy until the department approves the final
  169  installation of the onsite sewage treatment and disposal system.
  170  A municipality or political subdivision of the state may not
  171  approve any change in occupancy or tenancy of a building that
  172  uses an onsite sewage treatment and disposal system until the
  173  department has reviewed the use of the system with the proposed
  174  change, approved the change, and amended the operating permit.
  175         (e) The department shall adopt rules relating to the
  176  location of onsite sewage treatment and disposal systems,
  177  including establishing setback distances, to prevent groundwater
  178  contamination and surface water contamination and to preserve
  179  the public health. The rulemaking process for such rules must be
  180  completed by July 1, 2022, and the department shall notify the
  181  Division of Law Revision of the date such rules take effect. The
  182  rules must consider conventional and enhanced nutrient-reducing
  183  onsite sewage treatment and disposal system designs, impaired or
  184  degraded water bodies, domestic wastewater and drinking water
  185  infrastructure, potable water sources, nonpotable wells,
  186  stormwater infrastructure, the onsite sewage treatment and
  187  disposal system remediation plans developed pursuant to s.
  188  403.067(7)(a)9.b., nutrient pollution, and the recommendations
  189  of the onsite sewage treatment and disposal systems technical
  190  advisory committee established pursuant to former s. 381.00652.
  191  The rules must also allow a person to apply for and receive a
  192  variance from a rule requirement upon demonstration that the
  193  requirement would cause an undue hardship and granting the
  194  variance would not cause or contribute to the exceedance of a
  195  total maximum daily load.
  196         Reviser’s note.—Amended to conform to the repeal of s. 381.00652
  197         by this act.
  198         Section 13. Paragraph (f) of subsection (3) of section
  199  1002.31, Florida Statutes, is amended to read:
  200         1002.31 Controlled open enrollment; public school parental
  201  choice.—
  202         (3) Each district school board shall adopt by rule and post
  203  on its website the process required to participate in controlled
  204  open enrollment. The process must:
  205         (f) Require school districts to provide information on
  206  transportation options, such as:
  207         1. The responsibility of school districts to provide
  208  transportation to another public school pursuant to ss. 1002.38,
  209  1002.39, and 1002.394.
  210         2. The availability of funds for transportation under ss.
  211  1002.394, 1002.395, and 1011.68.
  212         3. Any other transportation the school district may
  213  provide.
  214         4. Any transportation options available in the community.
  215         Reviser’s note.—Amended to conform to the repeal of s. 1002.39
  216         by this act.
  217         Section 14. Paragraph (b) of subsection (12) of section
  218  1002.394, Florida Statutes, is amended to read:
  219         1002.394 The Family Empowerment Scholarship Program.—
  220         (12) SCHOLARSHIP FUNDING AND PAYMENT.—
  221         (b)1. Scholarships for students determined eligible
  222  pursuant to paragraph (3)(b) are established for up to 26,500
  223  students annually beginning in the 2022-2023 school year.
  224  Beginning in the 2023-2024 school year, the maximum number of
  225  students participating in the scholarship program under this
  226  section shall annually increase by 1.0 percent of the state’s
  227  total exceptional student education full-time equivalent student
  228  membership, not including gifted students. An eligible student
  229  who meets any of the following requirements shall be excluded
  230  from the maximum number of students if the student:
  231         a. Received specialized instructional services under the
  232  Voluntary Prekindergarten Education Program pursuant to s.
  233  1002.66 during the previous school year and the student has a
  234  current IEP developed by the district school board in accordance
  235  with rules of the State Board of Education;
  236         b. Is a dependent child of a law enforcement officer or a
  237  member of the United States Armed Forces, a foster child, or an
  238  adopted child;
  239         c. Spent the prior school year in attendance at a Florida
  240  public school or the Florida School for the Deaf and the Blind.
  241  For purposes of this subparagraph, the term “prior school year
  242  in attendance” means that the student was enrolled and reported
  243  by:
  244         (I) A school district for funding during either the
  245  preceding October or February full-time equivalent student
  246  membership surveys in kindergarten through grade 12, which
  247  includes time spent in a Department of Juvenile Justice
  248  commitment program if funded under the Florida Education Finance
  249  Program;
  250         (II) The Florida School for the Deaf and the Blind during
  251  the preceding October or February full-time equivalent student
  252  membership surveys in kindergarten through grade 12;
  253         (III) A school district for funding during the preceding
  254  October or February full-time equivalent student membership
  255  surveys, was at least 4 years of age when enrolled and reported,
  256  and was eligible for services under s. 1003.21(1)(e); or
  257         (IV) Received a John M. McKay Scholarship for Students with
  258  Disabilities in the 2021-2022 school year.
  259         2. For a student who has a Level I to Level III matrix of
  260  services or a diagnosis by a physician or psychologist, the
  261  calculated scholarship amount for a student participating in the
  262  program must be based upon the grade level and school district
  263  in which the student would have been enrolled as the total funds
  264  per unweighted full-time equivalent in the Florida Education
  265  Finance Program for a student in the basic exceptional student
  266  education program pursuant to s. 1011.62(1)(c)1. and (e)1.c.,
  267  plus a per full-time equivalent share of funds for all
  268  categorical programs, as funded in the General Appropriations
  269  Act, except that for the exceptional student education
  270  guaranteed allocation, as provided in s. 1011.62(1)(e)1.c. and
  271  2., the funds must be allocated based on the school district’s
  272  average exceptional student education guaranteed allocation
  273  funds per exceptional student education full-time equivalent
  274  student.
  275         3. For a student with a Level IV or Level V matrix of
  276  services, the calculated scholarship amount must be based upon
  277  the school district to which the student would have been
  278  assigned as the total funds per full-time equivalent for the
  279  Level IV or Level V exceptional student education program
  280  pursuant to s. 1011.62(1)(c)2.a. or b., plus a per-full time
  281  equivalent share of funds for all categorical programs, as
  282  funded in the General Appropriations Act.
  283         4. For a student who received a Gardiner Scholarship
  284  pursuant to former s. 1002.385 in the 2020-2021 school year, the
  285  amount shall be the greater of the amount calculated pursuant to
  286  subparagraph 2. or the amount the student received for the 2020
  287  2021 school year.
  288         5. For a student who received a John M. McKay Scholarship
  289  pursuant to former s. 1002.39 in the 2020-2021 school year, the
  290  amount shall be the greater of the amount calculated pursuant to
  291  subparagraph 2. or the amount the student received for the 2020
  292  2021 school year.
  293         6. The organization must provide the department with the
  294  documentation necessary to verify the student’s participation.
  295         7. Upon receiving the documentation, the department shall
  296  release, from state funds only, the student’s scholarship funds
  297  to the organization, to be deposited into the student’s account
  298  in four equal amounts no later than September 1, November 1,
  299  February 1, and April 1 of each school year in which the
  300  scholarship is in force.
  301         8. Accrued interest in the student’s account is in addition
  302  to, and not part of, the awarded funds. Program funds include
  303  both the awarded funds and accrued interest.
  304         9. The organization may develop a system for payment of
  305  benefits by funds transfer, including, but not limited to, debit
  306  cards, electronic payment cards, or any other means of payment
  307  which the department deems to be commercially viable or cost
  308  effective. A student’s scholarship award may not be reduced for
  309  debit card or electronic payment fees. Commodities or services
  310  related to the development of such a system must be procured by
  311  competitive solicitation unless they are purchased from a state
  312  term contract pursuant to s. 287.056.
  313         10. Moneys received pursuant to this section do not
  314  constitute taxable income to the qualified student or the parent
  315  of the qualified student.
  316         Reviser’s note.—Amended to conform to the repeal of s. 1002.385
  317         by s. 2, ch. 2021-27, Laws of Florida, and the repeal of s.
  318         1002.39 by this act.
  319         Section 15. Paragraph (q) of subsection (1) of section
  320  1002.421, Florida Statutes, is amended to read:
  321         1002.421 State school choice scholarship program
  322  accountability and oversight.—
  323         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  324  school participating in an educational scholarship program
  325  established pursuant to this chapter must be a private school as
  326  defined in s. 1002.01(2) in this state, be registered, and be in
  327  compliance with all requirements of this section in addition to
  328  private school requirements outlined in s. 1002.42, specific
  329  requirements identified within respective scholarship program
  330  laws, and other provisions of Florida law that apply to private
  331  schools, and must:
  332         (q) Provide a report from an independent certified public
  333  accountant who performs the agreed-upon procedures developed
  334  pursuant to s. 1002.395(6)(o) if the private school receives
  335  more than $250,000 in funds from scholarships awarded under this
  336  chapter in a state fiscal year. A private school subject to this
  337  subsection must annually submit the report by September 15 to
  338  the scholarship-funding organization that awarded the majority
  339  of the school’s scholarship funds. However, a school that
  340  receives more than $250,000 in scholarship funds only through
  341  the John M. McKay Scholarship for Students with Disabilities
  342  Program pursuant to s. 1002.39 must submit the annual report by
  343  September 15 to the department. The agreed-upon procedures must
  344  be conducted in accordance with attestation standards
  345  established by the American Institute of Certified Public
  346  Accountants.
  347  
  348  The department shall suspend the payment of funds to a private
  349  school that knowingly fails to comply with this subsection, and
  350  shall prohibit the school from enrolling new scholarship
  351  students, for 1 fiscal year and until the school complies. If a
  352  private school fails to meet the requirements of this subsection
  353  or has consecutive years of material exceptions listed in the
  354  report required under paragraph (q), the commissioner may
  355  determine that the private school is ineligible to participate
  356  in a scholarship program.
  357         Reviser’s note.—Amended to conform to the repeal of s. 1002.39
  358         by this act.
  359         Section 16. This act shall take effect on the 60th day
  360  after adjournment sine die of the session of the Legislature in
  361  which enacted.

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