Bill Text: FL S0502 | 2017 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-04-05 - Chapter No. 2017-3 [S0502 Detail]
Download: Florida-2017-S0502-Enrolled.html
ENROLLED 2017 Legislature SB 502 2017502er 1 2 An act relating to the Florida Statutes; amending ss. 3 102.031, 106.24, 120.595, 190.046, 212.08, 215.555, 4 215.619, 215.985, 253.034, 288.9936, 316.003, 316.545, 5 316.613, 320.08, 322.121, 373.042, 373.414, 373.4592, 6 373.707, 376.3071, 393.18, 393.501, 394.461, 400.925, 7 402.3025, 409.9201, 413.207, 413.402, 440.185, 8 459.022, 491.0046, 497.458, 499.015, 499.036, 499.83, 9 553.79, 571.24, 625.111, 627.0629, 627.42392, 10 627.6562, 627.7074, 633.216, 655.960, 744.20041, 11 790.065, 832.07, 893.0356, 893.13, 921.0022, 932.7055, 12 1002.385, 1003.42, 1006.195, 1012.796, and 1013.40, 13 F.S.; deleting provisions that have expired, have 14 become obsolete, have had their effect, have served 15 their purpose, or have been impliedly repealed or 16 superseded; replacing incorrect cross-references and 17 citations; correcting grammatical, typographical, and 18 like errors; removing inconsistencies, redundancies, 19 and unnecessary repetition in the statutes; and 20 improving the clarity of the statutes and facilitating 21 their correct interpretation; providing an effective 22 date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Paragraph (d) of subsection (4) of section 27 102.031, Florida Statutes, is amended to read: 28 102.031 Maintenance of good order at polls; authorities; 29 persons allowed in polling rooms and early voting areas; 30 unlawful solicitation of voters.— 31 (4) 32 (d) Except as provided in paragraph (a), the supervisor may 33 not designate a no-solicitation zone or otherwise restrict 34 access to any person, political committee,committee of35continuous existence,candidate, or other group or organization 36 for the purposes of soliciting voters. This paragraph applies to 37 any public or private property used as a polling place or early 38 voting site. 39 Reviser’s note.—Amended to conform to the deletion of committees 40 of continuous existence in ch. 2013-37, Laws of Florida. 41 Section 2. Subsection (6) of section 106.24, Florida 42 Statutes, is amended to read: 43 106.24 Florida Elections Commission; membership; powers; 44 duties.— 45 (6) There is established in the State Treasury an Elections 46 Commission Trust Fund to be used by the Florida Elections 47 Commission in order to carry out its duties pursuant to ss. 48 106.24-106.28. The trust fund may also be used by the Secretary 49 of State, pursuant to his or her authority under s. 97.012(15) 5097.012(14), to provide rewards for information leading to 51 criminal convictions related to voter registration fraud, voter 52 fraud, and vote scams. 53 Reviser’s note.—Amended to correct a cross-reference. Section 1, 54 ch. 2005-277, Laws of Florida, created a new s. 97.012(14) 55 relating to fraud; s. 69 of that same law amended s. 56 106.24(6) to conform a cross-reference to the addition of 57 the new s. 97.012(14). Section 1, ch. 2005-278, Laws of 58 Florida, also created a new s. 97.012(14) relating to 59 enforcement of the performance of duties or compliance of 60 rules with respect to chapters 97 through 102 and 105, and 61 that law did not amend s. 106.24. The new s. 97.012(14) 62 added by s. 1, ch. 2005-277, was redesignated as s. 63 97.012(15), and the cross-reference added by that law in s. 64 106.24 was never updated to reflect the redesignation. 65 Section 3. Paragraph (a) of subsection (4) of section 66 120.595, Florida Statutes, is amended to read: 67 120.595 Attorney’s fees.— 68 (4) CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 69 120.56(4).— 70 (a) If the appellate court or administrative law judge 71 determines that all or part of an agency statement violates s. 72 120.54(1)(a), or that the agency must immediately discontinue 73 reliance on the statement and any substantially similar 74 statement pursuant to s. 120.56(4)(f)120.56(4)(e), a judgment 75 or order shall be entered against the agency for reasonable 76 costs and reasonable attorney’s fees, unless the agency 77 demonstrates that the statement is required by the Federal 78 Government to implement or retain a delegated or approved 79 program or to meet a condition to receipt of federal funds. 80 Reviser’s note.—Amended to conform to the redesignation of s. 81 120.56(4)(e) as s. 120.56(4)(f) by s. 3, ch. 2016-116, Laws 82 of Florida. 83 Section 4. Paragraph (a) of subsection (4) of section 84 190.046, Florida Statutes, is amended to read: 85 190.046 Termination, contraction, or expansion of 86 district.— 87 (4)(a) To achieve economies of scale, reduce costs to 88 affected district residents and businesses in areas with 89 multiple existing districts, and encourage the merger of 90 multiple districts, up to five districts that were established 91 by the same local general-purpose government and whose board 92 memberships are composed entirely of qualified electors may 93 merge into one surviving district through adoption of an 94 ordinance by the local general-purpose government, 95 notwithstanding the acreage limitations otherwise set forth for 96 the establishment of a district in this chapter. The filing of a 97 petition by the majority of the members of eachof thedistrict 98 board of supervisors seeking to merge constitutes consent of the 99 landowners within each applicable district. 100 Reviser’s note.—Amended to confirm the editorial deletion of the 101 words “of the.” 102 Section 5. Paragraph (p) of subsection (5) of section 103 212.08, Florida Statutes, is amended to read: 104 212.08 Sales, rental, use, consumption, distribution, and 105 storage tax; specified exemptions.—The sale at retail, the 106 rental, the use, the consumption, the distribution, and the 107 storage to be used or consumed in this state of the following 108 are hereby specifically exempt from the tax imposed by this 109 chapter. 110 (5) EXEMPTIONS; ACCOUNT OF USE.— 111 (p) Community contribution tax credit for donations.— 112 1. Authorization.—Persons who are registered with the 113 department under s. 212.18 to collect or remit sales or use tax 114 and who make donations to eligible sponsors are eligible for tax 115 credits against their state sales and use tax liabilities as 116 provided in this paragraph: 117 a. The credit shall be computed as 50 percent of the 118 person’s approved annual community contribution. 119 b. The credit shall be granted as a refund against state 120 sales and use taxes reported on returns and remitted in the 12 121 months preceding the date of application to the department for 122 the credit as required in sub-subparagraph 3.c. If the annual 123 credit is not fully used through such refund because of 124 insufficient tax payments during the applicable 12-month period, 125 the unused amount may be included in an application for a refund 126 made pursuant to sub-subparagraph 3.c. in subsequent years 127 against the total tax payments made for such year. Carryover 128 credits may be applied for a 3-year period without regard to any 129 time limitation that would otherwise apply under s. 215.26. 130 c. A person may not receive more than $200,000 in annual 131 tax credits for all approved community contributions made in any 132 one year. 133 d. All proposals for the granting of the tax credit require 134 the prior approval of the Department of Economic Opportunity. 135 e. The total amount of tax credits which may be granted for 136 all programs approved under this paragraph, s. 220.183, and s. 137 624.5105 is $18.4 million in the 2015-2016 fiscal year, $21.4 138 million in the 2016-2017 fiscal year, and $21.4 million in the 139 2017-2018 fiscal year for projects that provide housing 140 opportunities for persons with special needs or homeownership 141 opportunities for low-income households or very-low-income 142 households and $3.5 million annually for all other projects. As 143 used in this paragraph, the term “person with special needs” has 144 the same meaning as in s. 420.0004 and the terms “low-income 145 person,” “low-income household,” “very-low-income person,” and 146 “very-low-income household” have the same meanings as in s. 147 420.9071. 148 f. A person who is eligible to receive the credit provided 149 in this paragraph, s. 220.183, or s. 624.5105 may receive the 150 credit only under one section of the person’s choice. 151 2. Eligibility requirements.— 152 a. A community contribution by a person must be in the 153 following form: 154 (I) Cash or other liquid assets; 155 (II) Real property, including 100 percent ownership of a 156 real property holding company; 157 (III) Goods or inventory; or 158 (IV) Other physical resources identified by the Department 159 of Economic Opportunity. 160 161 For purposes of this sub-subparagraphsubparagraph, the term 162 “real property holding company” means a Florida entity, such as 163 a Florida limited liability company, that is wholly owned by the 164 person; is the sole owner of real property, as defined in s. 165 192.001(12), located in the state; is disregarded as an entity 166 for federal income tax purposes pursuant to 26 C.F.R. s. 167 301.7701-3(b)(1)(ii); and at the time of contribution to an 168 eligible sponsor, has no material assets other than the real 169 property and any other property that qualifies as a community 170 contribution. 171 b. All community contributions must be reserved exclusively 172 for use in a project. As used in this sub-subparagraph, the term 173 “project” means activity undertaken by an eligible sponsor which 174 is designed to construct, improve, or substantially rehabilitate 175 housing that is affordable to low-income households or very-low 176 income households; designed to provide housing opportunities for 177 persons with special needs; designed to provide commercial, 178 industrial, or public resources and facilities; or designed to 179 improve entrepreneurial and job-development opportunities for 180 low-income persons. A project may be the investment necessary to 181 increase access to high-speed broadband capability in a rural 182 community that had an enterprise zone designated pursuant to 183 chapter 290 as of May 1, 2015, including projects that result in 184 improvements to communications assets that are owned by a 185 business. A project may include the provision of museum 186 educational programs and materials that are directly related to 187 a project approved between January 1, 1996, and December 31, 188 1999, and located in an area which was in an enterprise zone 189 designated pursuant to s. 290.0065 as of May 1, 2015. This 190 paragraph does not preclude projects that propose to construct 191 or rehabilitate housing for low-income households or very-low 192 income households on scattered sites or housing opportunities 193 for persons with special needs. With respect to housing, 194 contributions may be used to pay the following eligible special 195 needs, low-income, and very-low-income housing-related 196 activities: 197 (I) Project development impact and management fees for 198 special needs, low-income, or very-low-income housing projects; 199 (II) Down payment and closing costs for persons with 200 special needs, low-income persons, and very-low-income persons; 201 (III) Administrative costs, including housing counseling 202 and marketing fees, not to exceed 10 percent of the community 203 contribution, directly related to special needs, low-income, or 204 very-low-income projects; and 205 (IV) Removal of liens recorded against residential property 206 by municipal, county, or special district local governments if 207 satisfaction of the lien is a necessary precedent to the 208 transfer of the property to a low-income person or very-low 209 income person for the purpose of promoting home ownership. 210 Contributions for lien removal must be received from a 211 nonrelated third party. 212 c. The project must be undertaken by an “eligible sponsor,” 213 which includes: 214 (I) A community action program; 215 (II) A nonprofit community-based development organization 216 whose mission is the provision of housing for persons with 217 specials needs, low-income households, or very-low-income 218 households or increasing entrepreneurial and job-development 219 opportunities for low-income persons; 220 (III) A neighborhood housing services corporation; 221 (IV) A local housing authority created under chapter 421; 222 (V) A community redevelopment agency created under s. 223 163.356; 224 (VI) A historic preservation district agency or 225 organization; 226 (VII) A local workforce development board; 227 (VIII) A direct-support organization as provided in s. 228 1009.983; 229 (IX) An enterprise zone development agency created under s. 230 290.0056; 231 (X) A community-based organization incorporated under 232 chapter 617 which is recognized as educational, charitable, or 233 scientific pursuant to s. 501(c)(3) of the Internal Revenue Code 234 and whose bylaws and articles of incorporation include 235 affordable housing, economic development, or community 236 development as the primary mission of the corporation; 237 (XI) Units of local government; 238 (XII) Units of state government; or 239 (XIII) Any other agency that the Department of Economic 240 Opportunity designates by rule. 241 242 A contributing person may not have a financial interest in the 243 eligible sponsor. 244 d. The project must be located in an area which was in an 245 enterprise zone designated pursuant to chapter 290 as of May 1, 246 2015, or a Front Porch Florida Community, unless the project 247 increases access to high-speed broadband capability in a rural 248 community that had an enterprise zone designated pursuant to 249 chapter 290 as of May 1, 2015, but is physically located outside 250 the designated rural zone boundaries. Any project designed to 251 construct or rehabilitate housing for low-income households or 252 very-low-income households or housing opportunities for persons 253 with special needs is exempt from the area requirement of this 254 sub-subparagraph. 255 e.(I) If, during the first 10 business days of the state 256 fiscal year, eligible tax credit applications for projects that 257 provide housing opportunities for persons with special needs or 258 homeownership opportunities for low-income households or very 259 low-income households are received for less than the annual tax 260 credits available for those projects, the Department of Economic 261 Opportunity shall grant tax credits for those applications and 262 grant remaining tax credits on a first-come, first-served basis 263 for subsequent eligible applications received before the end of 264 the state fiscal year. If, during the first 10 business days of 265 the state fiscal year, eligible tax credit applications for 266 projects that provide housing opportunities for persons with 267 special needs or homeownership opportunities for low-income 268 households or very-low-income households are received for more 269 than the annual tax credits available for those projects, the 270 Department of Economic Opportunity shall grant the tax credits 271 for those applications as follows: 272 (A) If tax credit applications submitted for approved 273 projects of an eligible sponsor do not exceed $200,000 in total, 274 the credits shall be granted in full if the tax credit 275 applications are approved. 276 (B) If tax credit applications submitted for approved 277 projects of an eligible sponsor exceed $200,000 in total, the 278 amount of tax credits granted pursuant to sub-sub-sub 279 subparagraph (A) shall be subtracted from the amount of 280 available tax credits, and the remaining credits shall be 281 granted to each approved tax credit application on a pro rata 282 basis. 283 (II) If, during the first 10 business days of the state 284 fiscal year, eligible tax credit applications for projects other 285 than those that provide housing opportunities for persons with 286 special needs or homeownership opportunities for low-income 287 households or very-low-income households are received for less 288 than the annual tax credits available for those projects, the 289 Department of Economic Opportunity shall grant tax credits for 290 those applications and shall grant remaining tax credits on a 291 first-come, first-served basis for subsequent eligible 292 applications received before the end of the state fiscal year. 293 If, during the first 10 business days of the state fiscal year, 294 eligible tax credit applications for projects other than those 295 that provide housing opportunities for persons with special 296 needs or homeownership opportunities for low-income households 297 or very-low-income households are received for more than the 298 annual tax credits available for those projects, the Department 299 of Economic Opportunity shall grant the tax credits for those 300 applications on a pro rata basis. 301 3. Application requirements.— 302 a. An eligible sponsor seeking to participate in this 303 program must submit a proposal to the Department of Economic 304 Opportunity which sets forth the name of the sponsor, a 305 description of the project, and the area in which the project is 306 located, together with such supporting information as is 307 prescribed by rule. The proposal must also contain a resolution 308 from the local governmental unit in which the project is located 309 certifying that the project is consistent with local plans and 310 regulations. 311 b. A person seeking to participate in this program must 312 submit an application for tax credit to the Department of 313 Economic Opportunity which sets forth the name of the sponsor, a 314 description of the project, and the type, value, and purpose of 315 the contribution. The sponsor shall verify, in writing, the 316 terms of the application and indicate its receipt of the 317 contribution, and such verification must accompany the 318 application for tax credit. The person must submit a separate 319 tax credit application to the Department of Economic Opportunity 320 for each individual contribution that it makes to each 321 individual project. 322 c. A person who has received notification from the 323 Department of Economic Opportunity that a tax credit has been 324 approved must apply to the department to receive the refund. 325 Application must be made on the form prescribed for claiming 326 refunds of sales and use taxes and be accompanied by a copy of 327 the notification. A person may submit only one application for 328 refund to the department within a 12-month period. 329 4. Administration.— 330 a. The Department of Economic Opportunity may adopt rules 331 necessary to administer this paragraph, including rules for the 332 approval or disapproval of proposals by a person. 333 b. The decision of the Department of Economic Opportunity 334 must be in writing, and, if approved, the notification shall 335 state the maximum credit allowable to the person. Upon approval, 336 the Department of Economic Opportunity shall transmit a copy of 337 the decision to the department. 338 c. The Department of Economic Opportunity shall 339 periodically monitor all projects in a manner consistent with 340 available resources to ensure that resources are used in 341 accordance with this paragraph; however, each project must be 342 reviewed at least once every 2 years. 343 d. The Department of Economic Opportunity shall, in 344 consultation with the statewide and regional housing and 345 financial intermediaries, market the availability of the 346 community contribution tax credit program to community-based 347 organizations. 348 5. Expiration.—This paragraph expires June 30, 2018; 349 however, any accrued credit carryover that is unused on that 350 date may be used until the expiration of the 3-year carryover 351 period for such credit. 352 Reviser’s note.—Amended to conform to context. Section 353 212.08(5)(p)2.a., specifically, uses the term “real 354 property holding company.” The term does not appear 355 elsewhere in s. 212.08(5)(p)2. 356 Section 6. Subsection (16) of section 215.555, Florida 357 Statutes, is repealed. 358 Reviser’s note.—Amended to repeal an obsolete provision. The 359 cited subsection relates to a temporary increase in 360 coverage limit options from the Florida Hurricane 361 Catastrophe Fund applicable only to the 2007, 2008, 2009, 362 2010, 2011, 2012, and 2013 hurricane seasons. 363 Section 7. Subsection (2) of section 215.619, Florida 364 Statutes, is amended to read: 365 215.619 Bonds for Everglades restoration.— 366 (2) The state covenants with the holders of Everglades 367 restoration bonds that it will not take any action that will 368 materially and adversely affect the rights of the holders so 369 long as the bonds are outstanding, including, but not limited 370 to, a reduction in the portion of documentary stamp taxes 371 distributable under s. 201.15205.15for payment of debt service 372 on Florida Forever bonds or Everglades restoration bonds. 373 Reviser’s note.—Amended to correct a cross-reference. Section 374 205.15 was repealed by s. 2, ch. 67-433, Laws of Florida; 375 s. 201.15 deals with distribution of taxes collected, 376 including documentary stamp taxes. 377 Section 8. Paragraph (a) of subsection (2) of section 378 215.985, Florida Statutes, is amended to read: 379 215.985 Transparency in government spending.— 380 (2) As used in this section, the term: 381 (a) “Committee” means the Legislative Auditing Committee 382created in s. 11.40. 383 Reviser’s note.—Amended to conform to the fact that s. 11.40 was 384 amended by s. 12, ch. 2011-34, Laws of Florida, to remove 385 the language that provided for the creation of the 386 Legislative Auditing Committee. 387 Section 9. Paragraph (c) of subsection (9) of section 388 253.034, Florida Statutes, is amended to read: 389 253.034 State-owned lands; uses.— 390 (9) The following additional uses of conservation lands 391 acquired pursuant to the Florida Forever program and other 392 state-funded conservation land purchase programs shall be 393 authorized, upon a finding by the board of trustees, if they 394 meet the criteria specified in paragraphs (a)-(e): water 395 resource development projects, water supply development 396 projects, stormwater management projects, linear facilities, and 397 sustainable agriculture and forestry. Such additional uses are 398 authorized if: 399 (c) The use is appropriately located on such lands andif400 due consideration is given to the use of other available lands; 401 402 A decision by the board of trustees pursuant to this section 403 shall be given a presumption of correctness. Moneys received 404 from the use of state lands pursuant to this section shall be 405 returned to the lead managing entity in accordance with s. 406 259.032(9)(c). 407 Reviser’s note.—Amended to confirm the editorial deletion of the 408 word “if.” 409 Section 10. Subsection (4) of section 288.9936, Florida 410 Statutes, is amended to read: 411 288.9936 Annual report of the Microfinance Loan Program.— 412(4) The Office of Program Policy Analysis and Government413Accountability shall conduct a study to evaluate the414effectiveness and the Office of Economic and Demographic415Research shall conduct a study to evaluate the return on416investment of the State Small Business Credit Initiative417operated in this state pursuant to 12 U.S.C. ss. 5701 et seq.418The offices shall each submit a report to the President of the419Senate and the Speaker of the House of Representatives by420January 1, 2015.421 Reviser’s note.—Amended to delete a provision that has served 422 its purpose. Office of Program Policy Analysis and 423 Government Accountability Report No. 15-02 and the Office 424 of Economic and Demographic Research’s “Evaluation of the 425 State Small Business Credit Initiative” were submitted and 426 appear online. 427 Section 11. Subsection (55) of section 316.003, Florida 428 Statutes, is amended to read: 429 316.003 Definitions.—The following words and phrases, when 430 used in this chapter, shall have the meanings respectively 431 ascribed to them in this section, except where the context 432 otherwise requires: 433 (55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise provided 434 in paragraph (77)(b)(75)(b), any privately owned way or place 435 used for vehicular travel by the owner and those having express 436 or implied permission from the owner, but not by other persons. 437 Reviser’s note.—Amended to confirm the editorial substitution of 438 a reference to paragraph (77)(b) for a reference to 439 paragraph (75)(b) to conform to the renumbering of subunits 440 by s. 5, ch. 2016-239, Laws of Florida, and the addition of 441 subunits by s. 1, ch. 2016-115, Laws of Florida, and s. 3, 442 ch. 2016-181, Laws of Florida. 443 Section 12. Paragraph (b) of subsection (2) of section 444 316.545, Florida Statutes, is amended to read: 445 316.545 Weight and load unlawful; special fuel and motor 446 fuel tax enforcement; inspection; penalty; review.— 447 (2) 448 (b) The officer or inspector shall inspect the license 449 plate or registration certificate of the commercial vehicle to 450 determine whether its gross weight is in compliance with the 451 declared gross vehicle weight. If its gross weight exceeds the 452 declared weight, the penalty shall be 5 cents per pound on the 453 difference between such weights. In those cases when the 454 commercial vehicle is being operated over the highways of the 455 state with an expired registration or with no registration from 456 this or any other jurisdiction or is not registered under the 457 applicable provisions of chapter 320, the penalty herein shall 458 apply on the basis of 5 cents per pound on that scaled weight 459 which exceeds 35,000 pounds on laden truck tractor-semitrailer 460 combinations or tandem trailer truck combinations, 10,000 pounds 461 on laden straight trucks or straight truck-trailer combinations, 462 or 10,000 pounds on any unladen commercial motor vehicle. A 463 driver of a commercial motor vehicle entering the state at a 464 designated port-of-entry location, as defined in s. 316.003(54) 465316.003(94), or operating on designated routes to a port-of 466 entry location, who obtains a temporary registration permit 467 shall be assessed a penalty limited to the difference between 468 its gross weight and the declared gross vehicle weight at 5 469 cents per pound. If the license plate or registration has not 470 been expired for more than 90 days, the penalty imposed under 471 this paragraph may not exceed $1,000. In the case of special 472 mobile equipment, which qualifies for the license tax provided 473 for in s. 320.08(5)(b), being operated on the highways of the 474 state with an expired registration or otherwise not properly 475 registered under the applicable provisions of chapter 320, a 476 penalty of $75 shall apply in addition to any other penalty 477 which may apply in accordance with this chapter. A vehicle found 478 in violation of this section may be detained until the owner or 479 operator produces evidence that the vehicle has been properly 480 registered. Any costs incurred by the retention of the vehicle 481 shall be the sole responsibility of the owner. A person who has 482 been assessed a penalty pursuant to this paragraph for failure 483 to have a valid vehicle registration certificate pursuant to the 484 provisions of chapter 320 is not subject to the delinquent fee 485 authorized in s. 320.07 if such person obtains a valid 486 registration certificate within 10 working days after such 487 penalty was assessed. 488 Reviser’s note.—Amended to confirm the editorial substitution of 489 a reference to s. 316.003(54) for a reference to s. 490 316.003(94) to conform to the renumbering of subunits 491 within s. 316.003 by s. 5, ch. 2016-239, Laws of Florida, 492 and the addition of subunits by s. 1, ch. 2016-115, Laws of 493 Florida, and s. 3, ch. 2016-181, Laws of Florida. 494 Section 13. Paragraph (a) of subsection (2) of section 495 316.613, Florida Statutes, is amended to read: 496 316.613 Child restraint requirements.— 497 (2) As used in this section, the term “motor vehicle” means 498 a motor vehicle as defined in s. 316.003 that is operated on the 499 roadways, streets, and highways of the state. The term does not 500 include: 501 (a) A school bus as defined in s. 316.003(68)316.003(66). 502 Reviser’s note.—Amended to confirm the editorial substitution of 503 a reference to s. 316.003(68) for a reference to s. 504 316.003(66) to conform to the renumbering of subunits 505 within s. 316.003 by s. 5, ch. 2016-239, Laws of Florida, 506 and the addition of subunits by s. 1, ch. 2016-115, Laws of 507 Florida, and s. 3, ch. 2016-181, Laws of Florida. 508 Section 14. Section 320.08, Florida Statutes, is amended to 509 read: 510 320.08 License taxes.—Except as otherwise provided herein, 511 there are hereby levied and imposed annual license taxes for the 512 operation of motor vehicles, mopeds, motorized bicycles as 513 defined in s. 316.003(3)316.003(2), tri-vehicles as defined in 514 s. 316.003, and mobile homes as defined in s. 320.01, which 515 shall be paid to and collected by the department or its agent 516 upon the registration or renewal of registration of the 517 following: 518 (1) MOTORCYCLES AND MOPEDS.— 519 (a) Any motorcycle: $10 flat. 520 (b) Any moped: $5 flat. 521 (c) Upon registration of a motorcycle, motor-driven cycle, 522 or moped, in addition to the license taxes specified in this 523 subsection, a nonrefundable motorcycle safety education fee in 524 the amount of $2.50 shall be paid. The proceeds of such 525 additional fee shall be deposited in the Highway Safety 526 Operating Trust Fund to fund a motorcycle driver improvement 527 program implemented pursuant to s. 322.025, the Florida 528 Motorcycle Safety Education Program established in s. 322.0255, 529 or the general operations of the department. 530 (d) An ancient or antique motorcycle: $7.50 flat, of which 531 $2.50 shall be deposited into the General Revenue Fund. 532 (2) AUTOMOBILES OR TRI-VEHICLES FOR PRIVATE USE.— 533 (a) An ancient or antique automobile, as defined in s. 534 320.086, or a street rod, as defined in s. 320.0863: $7.50 flat. 535 (b) Net weight of less than 2,500 pounds: $14.50 flat. 536 (c) Net weight of 2,500 pounds or more, but less than 3,500 537 pounds: $22.50 flat. 538 (d) Net weight of 3,500 pounds or more: $32.50 flat. 539 (3) TRUCKS.— 540 (a) Net weight of less than 2,000 pounds: $14.50 flat. 541 (b) Net weight of 2,000 pounds or more, but not more than 542 3,000 pounds: $22.50 flat. 543 (c) Net weight more than 3,000 pounds, but not more than 544 5,000 pounds: $32.50 flat. 545 (d) A truck defined as a “goat,” or other vehicle if used 546 in the field by a farmer or in the woods for the purpose of 547 harvesting a crop, including naval stores, during such 548 harvesting operations, and which is not principally operated 549 upon the roads of the state: $7.50 flat. The term “goat” means a 550 motor vehicle designed, constructed, and used principally for 551 the transportation of citrus fruit within citrus groves or for 552 the transportation of crops on farms, and which can also be used 553 for hauling associated equipment or supplies, including required 554 sanitary equipment, and the towing of farm trailers. 555 (e) An ancient or antique truck, as defined in s. 320.086: 556 $7.50 flat. 557 (4) HEAVY TRUCKS, TRUCK TRACTORS, FEES ACCORDING TO GROSS 558 VEHICLE WEIGHT.— 559 (a) Gross vehicle weight of 5,001 pounds or more, but less 560 than 6,000 pounds: $60.75 flat, of which $15.75 shall be 561 deposited into the General Revenue Fund. 562 (b) Gross vehicle weight of 6,000 pounds or more, but less 563 than 8,000 pounds: $87.75 flat, of which $22.75 shall be 564 deposited into the General Revenue Fund. 565 (c) Gross vehicle weight of 8,000 pounds or more, but less 566 than 10,000 pounds: $103 flat, of which $27 shall be deposited 567 into the General Revenue Fund. 568 (d) Gross vehicle weight of 10,000 pounds or more, but less 569 than 15,000 pounds: $118 flat, of which $31 shall be deposited 570 into the General Revenue Fund. 571 (e) Gross vehicle weight of 15,000 pounds or more, but less 572 than 20,000 pounds: $177 flat, of which $46 shall be deposited 573 into the General Revenue Fund. 574 (f) Gross vehicle weight of 20,000 pounds or more, but less 575 than 26,001 pounds: $251 flat, of which $65 shall be deposited 576 into the General Revenue Fund. 577 (g) Gross vehicle weight of 26,001 pounds or more, but less 578 than 35,000: $324 flat, of which $84 shall be deposited into the 579 General Revenue Fund. 580 (h) Gross vehicle weight of 35,000 pounds or more, but less 581 than 44,000 pounds: $405 flat, of which $105 shall be deposited 582 into the General Revenue Fund. 583 (i) Gross vehicle weight of 44,000 pounds or more, but less 584 than 55,000 pounds: $773 flat, of which $201 shall be deposited 585 into the General Revenue Fund. 586 (j) Gross vehicle weight of 55,000 pounds or more, but less 587 than 62,000 pounds: $916 flat, of which $238 shall be deposited 588 into the General Revenue Fund. 589 (k) Gross vehicle weight of 62,000 pounds or more, but less 590 than 72,000 pounds: $1,080 flat, of which $280 shall be 591 deposited into the General Revenue Fund. 592 (l) Gross vehicle weight of 72,000 pounds or more: $1,322 593 flat, of which $343 shall be deposited into the General Revenue 594 Fund. 595 (m) Notwithstanding the declared gross vehicle weight, a 596 truck tractor used within a 150-mile radius of its home address 597 is eligible for a license plate for a fee of $324 flat if: 598 1. The truck tractor is used exclusively for hauling 599 forestry products; or 600 2. The truck tractor is used primarily for the hauling of 601 forestry products, and is also used for the hauling of 602 associated forestry harvesting equipment used by the owner of 603 the truck tractor. 604 605 Of the fee imposed by this paragraph, $84 shall be deposited 606 into the General Revenue Fund. 607 (n) A truck tractor or heavy truck, not operated as a for 608 hire vehicle, which is engaged exclusively in transporting raw, 609 unprocessed, and nonmanufactured agricultural or horticultural 610 products within a 150-mile radius of its home address, is 611 eligible for a restricted license plate for a fee of: 612 1. If such vehicle’s declared gross vehicle weight is less 613 than 44,000 pounds, $87.75 flat, of which $22.75 shall be 614 deposited into the General Revenue Fund. 615 2. If such vehicle’s declared gross vehicle weight is 616 44,000 pounds or more and such vehicle only transports from the 617 point of production to the point of primary manufacture; to the 618 point of assembling the same; or to a shipping point of a rail, 619 water, or motor transportation company, $324 flat, of which $84 620 shall be deposited into the General Revenue Fund. 621 622 Such not-for-hire truck tractors and heavy trucks used 623 exclusively in transporting raw, unprocessed, and 624 nonmanufactured agricultural or horticultural products may be 625 incidentally used to haul farm implements and fertilizers 626 delivered direct to the growers. The department may require any 627 documentation deemed necessary to determine eligibility prior to 628 issuance of this license plate. For the purpose of this 629 paragraph, “not-for-hire” means the owner of the motor vehicle 630 must also be the owner of the raw, unprocessed, and 631 nonmanufactured agricultural or horticultural product, or the 632 user of the farm implements and fertilizer being delivered. 633 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; 634 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.— 635 (a)1. A semitrailer drawn by a GVW truck tractor by means 636 of a fifth-wheel arrangement: $13.50 flat per registration year 637 or any part thereof, of which $3.50 shall be deposited into the 638 General Revenue Fund. 639 2. A semitrailer drawn by a GVW truck tractor by means of a 640 fifth-wheel arrangement: $68 flat per permanent registration, of 641 which $18 shall be deposited into the General Revenue Fund. 642 (b) A motor vehicle equipped with machinery and designed 643 for the exclusive purpose of well drilling, excavation, 644 construction, spraying, or similar activity, and which is not 645 designed or used to transport loads other than the machinery 646 described above over public roads: $44 flat, of which $11.50 647 shall be deposited into the General Revenue Fund. 648 (c) A school bus used exclusively to transport pupils to 649 and from school or school or church activities or functions 650 within their own county: $41 flat, of which $11 shall be 651 deposited into the General Revenue Fund. 652 (d) A wrecker, as defined in s. 320.01, which is used to 653 tow a vessel as defined in s. 327.02, a disabled, abandoned, 654 stolen-recovered, or impounded motor vehicle as defined in s. 655 320.01, or a replacement motor vehicle as defined in s. 320.01: 656 $41 flat, of which $11 shall be deposited into the General 657 Revenue Fund. 658 (e) A wrecker that is used to tow any nondisabled motor 659 vehicle, a vessel, or any other cargo unless used as defined in 660 paragraph (d), as follows: 661 1. Gross vehicle weight of 10,000 pounds or more, but less 662 than 15,000 pounds: $118 flat, of which $31 shall be deposited 663 into the General Revenue Fund. 664 2. Gross vehicle weight of 15,000 pounds or more, but less 665 than 20,000 pounds: $177 flat, of which $46 shall be deposited 666 into the General Revenue Fund. 667 3. Gross vehicle weight of 20,000 pounds or more, but less 668 than 26,000 pounds: $251 flat, of which $65 shall be deposited 669 into the General Revenue Fund. 670 4. Gross vehicle weight of 26,000 pounds or more, but less 671 than 35,000 pounds: $324 flat, of which $84 shall be deposited 672 into the General Revenue Fund. 673 5. Gross vehicle weight of 35,000 pounds or more, but less 674 than 44,000 pounds: $405 flat, of which $105 shall be deposited 675 into the General Revenue Fund. 676 6. Gross vehicle weight of 44,000 pounds or more, but less 677 than 55,000 pounds: $772 flat, of which $200 shall be deposited 678 into the General Revenue Fund. 679 7. Gross vehicle weight of 55,000 pounds or more, but less 680 than 62,000 pounds: $915 flat, of which $237 shall be deposited 681 into the General Revenue Fund. 682 8. Gross vehicle weight of 62,000 pounds or more, but less 683 than 72,000 pounds: $1,080 flat, of which $280 shall be 684 deposited into the General Revenue Fund. 685 9. Gross vehicle weight of 72,000 pounds or more: $1,322 686 flat, of which $343 shall be deposited into the General Revenue 687 Fund. 688 (f) A hearse or ambulance: $40.50 flat, of which $10.50 689 shall be deposited into the General Revenue Fund. 690 (6) MOTOR VEHICLES FOR HIRE.— 691 (a) Under nine passengers: $17 flat, of which $4.50 shall 692 be deposited into the General Revenue Fund; plus $1.50 per cwt, 693 of which 50 cents shall be deposited into the General Revenue 694 Fund. 695 (b) Nine passengers and over: $17 flat, of which $4.50 696 shall be deposited into the General Revenue Fund; plus $2 per 697 cwt, of which 50 cents shall be deposited into the General 698 Revenue Fund. 699 (7) TRAILERS FOR PRIVATE USE.— 700 (a) Any trailer weighing 500 pounds or less: $6.75 flat per 701 year or any part thereof, of which $1.75 shall be deposited into 702 the General Revenue Fund. 703 (b) Net weight over 500 pounds: $3.50 flat, of which $1 704 shall be deposited into the General Revenue Fund; plus $1 per 705 cwt, of which 25 cents shall be deposited into the General 706 Revenue Fund. 707 (8) TRAILERS FOR HIRE.— 708 (a) Net weight under 2,000 pounds: $3.50 flat, of which $1 709 shall be deposited into the General Revenue Fund; plus $1.50 per 710 cwt, of which 50 cents shall be deposited into the General 711 Revenue Fund. 712 (b) Net weight 2,000 pounds or more: $13.50 flat, of which 713 $3.50 shall be deposited into the General Revenue Fund; plus 714 $1.50 per cwt, of which 50 cents shall be deposited into the 715 General Revenue Fund. 716 (9) RECREATIONAL VEHICLE-TYPE UNITS.— 717 (a) A travel trailer or fifth-wheel trailer, as defined by 718 s. 320.01(1)(b), that does not exceed 35 feet in length: $27 719 flat, of which $7 shall be deposited into the General Revenue 720 Fund. 721 (b) A camping trailer, as defined by s. 320.01(1)(b)2.: 722 $13.50 flat, of which $3.50 shall be deposited into the General 723 Revenue Fund. 724 (c) A motor home, as defined by s. 320.01(1)(b)4.: 725 1. Net weight of less than 4,500 pounds: $27 flat, of which 726 $7 shall be deposited into the General Revenue Fund. 727 2. Net weight of 4,500 pounds or more: $47.25 flat, of 728 which $12.25 shall be deposited into the General Revenue Fund. 729 (d) A truck camper as defined by s. 320.01(1)(b)3.: 730 1. Net weight of less than 4,500 pounds: $27 flat, of which 731 $7 shall be deposited into the General Revenue Fund. 732 2. Net weight of 4,500 pounds or more: $47.25 flat, of 733 which $12.25 shall be deposited into the General Revenue Fund. 734 (e) A private motor coach as defined by s. 320.01(1)(b)5.: 735 1. Net weight of less than 4,500 pounds: $27 flat, of which 736 $7 shall be deposited into the General Revenue Fund. 737 2. Net weight of 4,500 pounds or more: $47.25 flat, of 738 which $12.25 shall be deposited into the General Revenue Fund. 739 (10) PARK TRAILERS; TRAVEL TRAILERS; FIFTH-WHEEL TRAILERS; 740 35 FEET TO 40 FEET.— 741 (a) Park trailers.—Any park trailer, as defined in s. 742 320.01(1)(b)7.: $25 flat. 743 (b) A travel trailer or fifth-wheel trailer, as defined in 744 s. 320.01(1)(b), that exceeds 35 feet: $25 flat. 745 (11) MOBILE HOMES.— 746 (a) A mobile home not exceeding 35 feet in length: $20 747 flat. 748 (b) A mobile home over 35 feet in length, but not exceeding 749 40 feet: $25 flat. 750 (c) A mobile home over 40 feet in length, but not exceeding 751 45 feet: $30 flat. 752 (d) A mobile home over 45 feet in length, but not exceeding 753 50 feet: $35 flat. 754 (e) A mobile home over 50 feet in length, but not exceeding 755 55 feet: $40 flat. 756 (f) A mobile home over 55 feet in length, but not exceeding 757 60 feet: $45 flat. 758 (g) A mobile home over 60 feet in length, but not exceeding 759 65 feet: $50 flat. 760 (h) A mobile home over 65 feet in length: $80 flat. 761 (12) DEALER AND MANUFACTURER LICENSE PLATES.—A franchised 762 motor vehicle dealer, independent motor vehicle dealer, marine 763 boat trailer dealer, or mobile home dealer and manufacturer 764 license plate: $17 flat, of which $4.50 shall be deposited into 765 the General Revenue Fund. 766 (13) EXEMPT OR OFFICIAL LICENSE PLATES.—Any exempt or 767 official license plate: $4 flat, of which $1 shall be deposited 768 into the General Revenue Fund. 769 (14) LOCALLY OPERATED MOTOR VEHICLES FOR HIRE.—A motor 770 vehicle for hire operated wholly within a city or within 25 771 miles thereof: $17 flat, of which $4.50 shall be deposited into 772 the General Revenue Fund; plus $2 per cwt, of which 50 cents 773 shall be deposited into the General Revenue Fund. 774 (15) TRANSPORTER.—Any transporter license plate issued to a 775 transporter pursuant to s. 320.133: $101.25 flat, of which 776 $26.25 shall be deposited into the General Revenue Fund. 777 Reviser’s note.—Amended to conform to the redesignation of s. 778 316.003(2) as s. 316.003(3) to conform to the reordering of 779 subunits by s. 5, ch. 2016-239, Laws of Florida. 780 Section 15. Paragraph (b) of subsection (2) of section 781 322.121, Florida Statutes, is amended to read: 782 322.121 Periodic reexamination of all drivers.— 783 (2) For each licensee whose driving record does not show 784 any revocations, disqualifications, or suspensions for the 785 preceding 7 years or any convictions for the preceding 3 years 786 except for convictions of the following nonmoving violations: 787 (b) Failure to renew a motor vehicle or mobile home 788 registration that has been expired for 64months or less 789 pursuant to s. 320.07(3)(a); 790 791 the department shall cause such licensee’s license to be 792 prominently marked with the notation “Safe Driver.” 793 Reviser’s note.—Amended to conform to the fact that s. 7, ch. 794 97-300, Laws of Florida, amended s. 320.07(3)(a) to change 795 the expiration period from 4 months or less to 6 months or 796 less. 797 Section 16. Subsection (7) of section 373.042, Florida 798 Statutes, is amended to read: 799 373.042 Minimum flows and minimum water levels.— 800 (7) If a petition for administrative hearing is filed under 801 chapter 120 challenging the establishment of a minimum flow or 802 minimum water level, the report of an independent scientific 803 peer review conducted under subsection (6)(5)is admissible as 804 evidence in the final hearing, and the administrative law judge 805 must render the order within 120 days after the filing of the 806 petition. The time limit for rendering the order shall not be 807 extended except by agreement of all the parties. To the extent 808 that the parties agree to the findings of the peer review, they 809 may stipulate that those findings be incorporated as findings of 810 fact in the final order. 811 Reviser’s note.—Amended to correct a cross-reference. Subsection 812 (5) relates to provision of technical information and staff 813 support and rulemaking; subsection (6) references 814 independent scientific peer review. 815 Section 17. Paragraph (d) of subsection (19) of section 816 373.414, Florida Statutes, is amended to read: 817 373.414 Additional criteria for activities in surface 818 waters and wetlands.— 819 (19) 820 (d) Nothing provided in this subsection supersedes or 821 modifies the financial responsibility requirements of s. 378.208 822378.209. 823 Reviser’s note.—Amended to correct a cross-reference. Section 824 378.209 relates to timing of reclamation; s. 378.208 825 relates to financial responsibility. 826 Section 18. Paragraph (d) of subsection (3) and paragraph 827 (e) of subsection (4) of section 373.4592, Florida Statutes, are 828 amended to read: 829 373.4592 Everglades improvement and management.— 830 (3) EVERGLADES LONG-TERM PLAN.— 831(d) The Legislature intends that a review of this act at832least 10 years after implementation of the Long-Term Plan is833appropriate and necessary to the public interest. The review is834the best way to ensure that the Everglades Protection Area is835achieving state water quality standards, including phosphorus836reduction, and the Long-Term Plan is using the best technology837available.838 (4) EVERGLADES PROGRAM.— 839 (e) Evaluation of water quality standards.— 840 1. The department and the district shall employ all means 841 practicable to complete by December 31, 1998, any additional 842 research necessary to: 843 a. Numerically interpret for phosphorus the Class III 844 narrative nutrient criterion necessary to meet water quality 845 standards in the Everglades Protection Area; and 846 b. Evaluate existing water quality standards applicable to 847 the Everglades Protection Area and EAA canals. 848 2. In no case shall such phosphorus criterion allow waters 849 in the Everglades Protection Area to be altered so as to cause 850 an imbalance in the natural populations of aquatic flora or 851 fauna. The phosphorus criterion shall be 10 parts per billion 852 (ppb) in the Everglades Protection Area in the event the 853 department does not adopt by rule such criterion by December 31, 854 2003. However, in the event the department fails to adopt a 855 phosphorus criterion on or before December 31, 2002, any person 856 whose substantial interests would be affected by the rulemaking 857 shall have the right, on or before February 28, 2003, to 858 petition for a writ of mandamus to compel the department to 859 adopt by rule such criterion. Venue for the mandamus action must 860 be Leon County. The court may stay implementation of the 10 861 parts per billion (ppb) criterion during the pendency of the 862 mandamus proceeding upon a demonstration by the petitioner of 863 irreparable harm in the absence of such relief. The department’s 864 phosphorus criterion, whenever adopted, shall supersede the 10 865 parts per billion (ppb) criterion otherwise established by this 866 section, but shall not be lower than the natural conditions of 867 the Everglades Protection Area and shall take into account 868 spatial and temporal variability. The department’s rule adopting 869 a phosphorus criterion may include moderating provisions during 870 the implementation of the initial phase of the Long-Term Plan 871 authorizing discharges based upon BAPRT providing net 872 improvement to impacted areas. Discharges to unimpacted areas 873 may also be authorized by moderating provisions, which shall 874 require BAPRT, and which must be based upon a determination by 875 the department that the environmental benefits of the discharge 876 clearly outweigh potential adverse impacts and otherwise comply 877 with antidegradation requirements. Moderating provisions 878 authorized by this section shall not extend beyond December 2016 879 unless further authorized by the Legislaturepursuant to880paragraph (3)(d). 881 3. The department shall use the best available information 882 to define relationships between waters discharged to, and the 883 resulting water quality in, the Everglades Protection Area. The 884 department or the district shall use these relationships to 885 establish discharge limits in permits for discharges into the 886 EAA canals and the Everglades Protection Area necessary to 887 prevent an imbalance in the natural populations of aquatic flora 888 or fauna in the Everglades Protection Area, and to provide a net 889 improvement in the areas already impacted. During the 890 implementation of the initial phase of the Long-Term Plan, 891 permits issued by the department shall be based on BAPRT and 892 shall include technology-based effluent limitations consistent 893 with the Long-Term Plan. Compliance with the phosphorus 894 criterion shall be based upon a long-term geometric mean of 895 concentration levels to be measured at sampling stations 896 recognized from the research to be reasonably representative of 897 receiving waters in the Everglades Protection Area, and so 898 located so as to assure that the Everglades Protection Area is 899 not altered so as to cause an imbalance in natural populations 900 of aquatic flora and fauna and to assure a net improvement in 901 the areas already impacted. For the Everglades National Park and 902 the Arthur R. Marshall Loxahatchee National Wildlife Refuge, the 903 method for measuring compliance with the phosphorus criterion 904 shall be in a manner consistent with Appendices A and B, 905 respectively, of the settlement agreement dated July 26, 1991, 906 entered in case No. 88-1886-Civ-Hoeveler, United States District 907 Court for the Southern District of Florida, that recognizes and 908 provides for incorporation of relevant research. 909 4. The department’s evaluation of any other water quality 910 standards must include the department’s antidegradation 911 standards and EAA canal classifications. In recognition of the 912 special nature of the conveyance canals of the EAA, as a 913 component of the classification process, the department is 914 directed to formally recognize by rulemaking existing actual 915 beneficial uses of the conveyance canals in the EAA. This shall 916 include recognition of the Class III designated uses of 917 recreation, propagation and maintenance of a healthy, well 918 balanced population of fish and wildlife, the integrated water 919 management purposes for which the Central and Southern Florida 920 Flood Control Project was constructed, flood control, conveyance 921 of water to and from Lake Okeechobee for urban and agricultural 922 water supply, Everglades hydroperiod restoration, conveyance of 923 water to the STAs, and navigation. 924 Reviser’s note.—Paragraph (3)(d) is amended to delete a 925 provision that has served its purpose. Section 1, ch. 2013 926 59, Laws of Florida, amended s. 373.4592, the Everglades 927 Forever Act, based on results of the review 10 years after 928 the long-term plan was implemented per substantive 929 committee staff. Paragraph (4)(e) is amended to delete a 930 reference to paragraph (3)(d). 931 Section 19. Paragraph (a) of subsection (6) of section 932 373.707, Florida Statutes, is amended to read: 933 373.707 Alternative water supply development.— 934 (6)(a) If state funds are provided through specific 935 appropriation or pursuant to the Water Protection and 936 Sustainability Program, such funds serve to supplement existing 937 water management district or basin board funding for alternative 938 water supply development assistance and should not result in a 939 reduction of such funding. For each project identified in the 940 annual funding plans prepared pursuant to s. 373.536(6)(a)4., 941 the water management districts shall include in the annual 942 tentative and adopted budget submittals required under this 943 chapter the amount of funds allocated for water resource 944 development that supports alternative water supply development 945 and the funds allocated for alternative water supply projects. 946 It shall be the goal of each water management district and basin 947 boards that the combined funds allocated annually for these 948 purposes be, at a minimum, the equivalent of 100 percent of the 949 state funding provided to the water management district for 950 alternative water supply development. If this goal is not 951 achieved, the water management district shall provide in the 952 budget submittal an explanation of the reasons or constraints 953 that prevent this goal from being met and,an explanation of how 954 the goal will be met in future years, and affirmation of match 955 is required during the budget review process as established 956 under s. 373.536(5). The Suwannee River Water Management 957 District and the Northwest Florida Water Management District 958 shall not be required to meet the match requirements of this 959 paragraph; however, they shall try to achieve the match 960 requirement to the greatest extent practicable. 961 Reviser’s note.—Amended to facilitate correct interpretation. 962 Section 20. Paragraph (b) of subsection (12) of section 963 376.3071, Florida Statutes, is amended to read: 964 376.3071 Inland Protection Trust Fund; creation; purposes; 965 funding.— 966 (12) SITE CLEANUP.— 967 (b) Low-scored site initiative.—Notwithstanding subsections 968 (5) and (6), a site with a priority ranking score of 29 points 969 or less may voluntarily participate in the low-scored site 970 initiative regardless of whether the site is eligible for state 971 restoration funding. 972 1. To participate in the low-scored site initiative, the 973 property owner, or a responsible party who provides evidence of 974 authorization from the property owner, must submit a “No Further 975 Action” proposal and affirmatively demonstrate that the 976 conditions imposed under subparagraph 4. are met. 977 2. Upon affirmative demonstration that the conditions 978 imposed under subparagraph 4. are met, the department shall 979 issue a site rehabilitation completion order incorporating the 980 “No Further Action” proposal submitted by the property owner or 981 the responsible party, who must provide evidence of 982 authorization from the property owner. If no contamination is 983 detected, the department may issue a site rehabilitation 984 completion order. 985 3. Sites that are eligible for state restoration funding 986 may receive payment of costs for the low-scored site initiative 987 as follows: 988 a. A property owner, or a responsible party who provides 989 evidence of authorization from the property owner, may submit an 990 assessment and limited remediation plan designed to 991 affirmatively demonstrate that the site meets the conditions 992 imposed under subparagraph 4. Notwithstanding the priority 993 ranking score of the site, the department may approve the cost 994 of the assessment and limited remediation, including up to 12 995 months of groundwater monitoring and 12 months of limited 996 remediation activities in one or more task assignments or 997 modifications thereof, not to exceed the threshold amount 998 provided in s. 287.017 for CATEGORY TWO, for each site where the 999 department has determined that the assessment and limited 1000 remediation, if applicable, will likely result in a 1001 determination of “No Further Action.” The department may not pay 1002 the costs associated with the establishment of institutional or 1003 engineering controls other than the costs associated with a 1004 professional land survey or a specific purpose survey, if such 1005 is needed, and the costs associated with obtaining a title 1006 report and paying recording fees. 1007 b. After the approval of initial site assessment results 1008 provided pursuant to state funding under sub-subparagraph a., 1009 the department may approve an additional amount not to exceed 1010 the threshold amount provided in s. 287.017 for CATEGORY TWO for 1011 limited remediation needed to achieve a determination of “No 1012 Further Action.” 1013 c. The assessment and limited remediation work shall be 1014 completed no later than 15 months after the department 1015 authorizes the start of a state-funded, low-score site 1016 initiative task. If groundwater monitoring is required after the 1017 assessment and limited remediation in order to satisfy the 1018 conditions under subparagraph 4., the department may authorize 1019 an additional 12 months to complete the monitoring. 1020 d. No more than $15 million for the low-scored site 1021 initiative may be encumbered from the fund in any fiscal year. 1022 Funds shall be made available on a first-come, first-served 1023 basis and shall be limited to 10 sites in each fiscal year for 1024 each property owner or each responsible party who provides 1025 evidence of authorization from the property owner. 1026 e. Program deductibles, copayments, and the limited 1027 contamination assessment report requirements under paragraph 1028 (13)(d) do not apply to expenditures under this paragraph. 1029 4. The department shall issue an order incorporating the 1030 “No Further Action” proposal submitted by a property owner or a 1031 responsible party who provides evidence of authorization from 1032 the property owner upon affirmative demonstration that all of 1033 the following conditions are met: 1034 a. Soil saturated with petroleum or petroleum products, or 1035 soil that causes a total corrected hydrocarbon measurement of 1036 500 parts per million or higher for the Gasoline Analytical 1037 Group or 50 parts per million or higher for the Kerosene 1038 Analytical Group, as defined by department rule, does not exist 1039 onsite as a result of a release of petroleum products. 1040 b. A minimum of 12 months of groundwater monitoring 1041 indicates that the plume is shrinking or stable. 1042 c. The release of petroleum products at the site does not 1043 adversely affect adjacent surface waters, including their 1044 effects on human health and the environment. 1045 d. The area containing the petroleum products’ chemicals of 1046 concern: 1047 (I) Is confined to the source property boundaries of the 1048 real property on which the discharge originated, unless the 1049 property owner has requested or authorized a more limited area 1050 in the “No Further Action” proposal submitted under this 1051 subsection; or 1052 (II) Has migrated from the source property onto or beneath 1053 a transportation facility as defined in s. 334.03(30) for which 1054 the department has approved, and the governmental entity owning 1055 the transportation facility has agreed to institutional controls 1056 as defined in s. 376.301(22)376.301(21). This sub-sub 1057 subparagraph does not, however, impose any legal liability on 1058 the transportation facility owner, obligate such owner to engage 1059 in remediation, or waive such owner’s right to recover costs for 1060 damages. 1061 e. The groundwater contamination containing the petroleum 1062 products’ chemicals of concern is not a threat to any permitted 1063 potable water supply well. 1064 f. Soils onsite found between land surface and 2 feet below 1065 land surface which are subject to human exposure meet the soil 1066 cleanup target levels established in subparagraph (5)(b)9., or 1067 human exposure is limited by appropriate institutional or 1068 engineering controls. 1069 1070 Issuance of a site rehabilitation completion order under this 1071 paragraph acknowledges that minimal contamination exists onsite 1072 and that such contamination is not a threat to the public 1073 health, safety, or welfare; water resources; or the environment. 1074 Pursuant to subsection (4), the issuance of the site 1075 rehabilitation completion order, with or without conditions, 1076 does not alter eligibility for state-funded rehabilitation that 1077 would otherwise be applicable under this section. 1078 Reviser’s note.—Amended to confirm the editorial insertion of 1079 the word “in” and the editorial substitution of a reference 1080 to s. 376.301(22) for a reference to s. 376.301(21) to 1081 conform to the redesignation of subunits by s. 1, ch. 2016 1082 184, Laws of Florida. 1083 Section 21. Paragraph (c) of subsection (1) of section 1084 393.18, Florida Statutes, is amended to read: 1085 393.18 Comprehensive transitional education program.—A 1086 comprehensive transitional education program serves individuals 1087 who have developmental disabilities, severe maladaptive 1088 behaviors, severe maladaptive behaviors and co-occurring complex 1089 medical conditions, or a dual diagnosis of developmental 1090 disability and mental illness. Services provided by the program 1091 must be temporary in nature and delivered in a manner designed 1092 to achieve the primary goal of incorporating the principles of 1093 self-determination and person-centered planning to transition 1094 individuals to the most appropriate, least restrictive community 1095 living option of their choice which is not operated as a 1096 comprehensive transitional education program. The supervisor of 1097 the clinical director of the program licensee must hold a 1098 doctorate degree with a primary focus in behavior analysis from 1099 an accredited university, be a certified behavior analyst 1100 pursuant to s. 393.17, and have at least 1 year of experience in 1101 providing behavior analysis services for individuals in 1102 developmental disabilities. The staff must include behavior 1103 analysts and teachers, as appropriate, who must be available to 1104 provide services in each component center or unit of the 1105 program. A behavior analyst must be certified pursuant to s. 1106 393.17. 1107 (1) Comprehensive transitional education programs must 1108 include the following components: 1109 (c) Transition.—This component provides educational 1110 programs and any support services, training, and care that are 1111 needed to avoid regression to more restrictive environments 1112 while preparing individualsthemfor more independent living. 1113 Continuous-shift staff areberequired for this component. 1114 Reviser’s note.—Amended to improve clarity and to confirm the 1115 editorial deletion of the word “be.” 1116 Section 22. Subsection (2) of section 393.501, Florida 1117 Statutes, is amended to read: 1118 393.501 Rulemaking.— 1119 (2) Such rules must address the number of facilities on a 1120 single lot or on adjacent lots, except that there is no 1121 restriction on the number of facilities designated as community 1122 residential homes located within a planned residential community 1123 as those terms are defined in s. 419.001(1).In adopting rules,1124an alternative living center and an independent living education1125center, as described in s. 393.18, are subject to s. 419.001,1126except that such centers are exempt from the 1,000-foot-radius1127requirement of s. 419.001(2) if:1128(a) The centers are located on a site zoned in a manner1129that permits all the components of a comprehensive transitional1130education center to be located on the site; or1131(b) There are no more than three such centers within a1132radius of 1,000 feet.1133 Reviser’s note.—Amended to delete obsolete language. Section 1134 393.18(1)(d) and (e), which related to alternative living 1135 centers and independent living education centers, 1136 respectively, were deleted by s. 10, ch. 2016-140, Laws of 1137 Florida. 1138 Section 23. Paragraph (c) of subsection (4) of section 1139 394.461, Florida Statutes, is amended to read: 1140 394.461 Designation of receiving and treatment facilities 1141 and receiving systems.—The department is authorized to designate 1142 and monitor receiving facilities, treatment facilities, and 1143 receiving systems and may suspend or withdraw such designation 1144 for failure to comply with this part and rules adopted under 1145 this part. Unless designated by the department, facilities are 1146 not permitted to hold or treat involuntary patients under this 1147 part. 1148 (4) REPORTING REQUIREMENTS.— 1149 (c) The data required under this subsection shall be 1150 submitted to the department no later than 90 days following the 1151 end of the facility’s fiscal year.A facility designated as a1152public receiving or treatment facility shall submit its initial1153report for the 6-month period ending June 30, 2008.1154 Reviser’s note.—Amended to delete obsolete language. 1155 Section 24. Subsection (6) of section 400.925, Florida 1156 Statutes, is amended to read: 1157 400.925 Definitions.—As used in this part, the term: 1158 (6) “Home medical equipment” includes any product as 1159 defined by the Food andFederalDrug Administration’s Federal 1160 Food, Drug, and CosmeticDrugs, Devices and CosmeticsAct, any 1161 products reimbursed under the Medicare Part B Durable Medical 1162 Equipment benefits, or any products reimbursed under the Florida 1163 Medicaid durable medical equipment program. Home medical 1164 equipment includes oxygen and related respiratory equipment; 1165 manual, motorized, or customized wheelchairs and related seating 1166 and positioning, but does not include prosthetics or orthotics 1167 or any splints, braces, or aids custom fabricated by a licensed 1168 health care practitioner; motorized scooters; personal transfer 1169 systems; and specialty beds, for use by a person with a medical 1170 need. 1171 Reviser’s note.—Amended to correct an apparent error. There is 1172 no Federal Drug Administration; the Food and Drug 1173 Administration enforces the Federal Food, Drug, and 1174 Cosmetic Act. Also amended to conform to the short title of 1175 the act at 21 U.S.C. s. 301. 1176 Section 25. Paragraph (d) of subsection (2) of section 1177 402.3025, Florida Statutes, is amended to read: 1178 402.3025 Public and nonpublic schools.—For the purposes of 1179 ss. 402.301-402.319, the following shall apply: 1180 (2) NONPUBLIC SCHOOLS.— 1181 (d)1. Programs for children who are at least 3 years of 1182 age, but under 5 years of age, which are not licensed under ss. 1183 402.301-402.319 shall substantially comply with the minimum 1184 child care standards promulgated pursuant to ss. 402.305 1185 402.3055402.305-402.3057. 1186 2. The department or local licensing agency shall enforce 1187 compliance with such standards, where possible, to eliminate or 1188 minimize duplicative inspections or visits by staff enforcing 1189 the minimum child care standards and staff enforcing other 1190 standards under the jurisdiction of the department. 1191 3. The department or local licensing agency may commence 1192 and maintain all proper and necessary actions and proceedings 1193 for any or all of the following purposes: 1194 a. To protect the health, sanitation, safety, and well 1195 being of all children under care. 1196 b. To enforce its rules and regulations. 1197 c. To use corrective action plans, whenever possible, to 1198 attain compliance prior to the use of more restrictive 1199 enforcement measures. 1200 d. To make application for injunction to the proper circuit 1201 court, and the judge of that court shall have jurisdiction upon 1202 hearing and for cause shown to grant a temporary or permanent 1203 injunction, or both, restraining any person from violating or 1204 continuing to violate any of the provisions of ss. 402.301 1205 402.319. Any violation of this section or of the standards 1206 applied under ss. 402.305-402.3055402.305-402.3057which 1207 threatens harm to any child in the school’s programs for 1208 children who are at least 3 years of age, but are under 5 years 1209 of age, or repeated violations of this section or the standards 1210 under ss. 402.305-402.3055402.305-402.3057, shall be grounds to 1211 seek an injunction to close a program in a school. 1212 e. To impose an administrative fine, not to exceed $100, 1213 for each violation of the minimum child care standards 1214 promulgated pursuant to ss. 402.305-402.3055402.305-402.3057. 1215 4. It is a misdemeanor of the first degree, punishable as 1216 provided in s. 775.082 or s. 775.083, for any person willfully, 1217 knowingly, or intentionally to: 1218 a. Fail, by false statement, misrepresentation, 1219 impersonation, or other fraudulent means, to disclose in any 1220 required written documentation for exclusion from licensure 1221 pursuant to this section a material fact used in making a 1222 determination as to such exclusion; or 1223 b. Use information from the criminal records obtained under 1224 s. 402.305 or s. 402.3055 for any purpose other than screening 1225 that person for employment as specified in those sections or 1226 release such information to any other person for any purpose 1227 other than screening for employment as specified in those 1228 sections. 1229 5. It is a felony of the third degree, punishable as 1230 provided in s. 775.082, s. 775.083, or s. 775.084, for any 1231 person willfully, knowingly, or intentionally to use information 1232 from the juvenile records of any person obtained under s. 1233 402.305 or s. 402.3055 for any purpose other than screening for 1234 employment as specified in those sections or to release 1235 information from such records to any other person for any 1236 purpose other than screening for employment as specified in 1237 those sections. 1238 Reviser’s note.—Amended to correct a cross-reference. Section 1239 402.3057 was repealed by s. 11, ch. 2016-238, Laws of 1240 Florida; s. 402.3055 is now the last section in the range. 1241 Section 26. Paragraph (a) of subsection (1) of section 1242 409.9201, Florida Statutes, is amended to read: 1243 409.9201 Medicaid fraud.— 1244 (1) As used in this section, the term: 1245 (a) “Prescription drug” means any drug, including, but not 1246 limited to, finished dosage forms or active ingredients that are 1247 subject to, defined in, or described in s. 503(b) of the Federal 1248 Food, Drug, and Cosmetic Act or in s. 465.003(8), s. 499.003(17) 1249499.003(47), s. 499.007(13), or s. 499.82(10). 1250 1251 The value of individual items of the legend drugs or goods or 1252 services involved in distinct transactions committed during a 1253 single scheme or course of conduct, whether involving a single 1254 person or several persons, may be aggregated when determining 1255 the punishment for the offense. 1256 Reviser’s note.—Amended to correct an apparent error. Section 1257 499.003(47) defines “veterinary prescription drug”; s. 1258 499.003(17) defines “drug.” 1259 Section 27. Paragraph (h) of subsection (2) of section 1260 413.207, Florida Statutes, is amended to read: 1261 413.207 Division of Vocational Rehabilitation; quality 1262 assurance; performance improvement plan.— 1263 (2) No later than October 1, 2016, the division shall 1264 develop and implement a performance improvement plan designed to 1265 achieve the following goals: 1266 (h) Increase the percentage of participants who, during a 1267 program year, are in an education or training program that leads 1268 to a recognized postsecondary credential or to employment and 1269 who are achieving a measurable gain of skill, including 1270 documented academic, technical, or occupational gains or other 1271 forms of progress toward a postsecondary credential or 1272 employment. 1273 Reviser’s note.—Amended to confirm the editorial insertion of 1274 the word “or” to improve clarity. 1275 Section 28. Subsection (6) of section 413.402, Florida 1276 Statutes, is amended to read: 1277 413.402 James Patrick Memorial Work Incentive Personal 1278 Attendant Services and Employment Assistance Program.—The 1279 Florida Endowment Foundation for Vocational Rehabilitation shall 1280 maintain an agreement with the Florida Association of Centers 1281 for Independent Living to administer the James Patrick Memorial 1282 Work Incentive Personal Attendant Services and Employment 1283 Assistance Program and shall remit sufficient funds monthly to 1284 meet the requirements of subsection (5). 1285 (6) The James Patrick Memorial Work Incentive Personal 1286 Attendant Services and Employment Assistance Program Oversight 1287 Council is created adjunct to the Department of Education for 1288 the purpose of providing program recommendations, recommending 1289 the maximum monthly reimbursement available to program 1290 participants, advising the Florida Association of Centers for 1291 Independent Living on policies and procedures, and recommending 1292 the program’s annual operating budget for activities of the 1293 association associated with operations, administration, and 1294 oversight. The oversight council shall also advise on and 1295 recommend the schedule of eligible services for which program 1296 participants may be reimbursed subject to the requirements and 1297 limitations of paragraph (3)(c) which, at a minimum, must 1298 include personal care attendant services. The oversight council 1299 shall advise and make its recommendations under this section to 1300 the board of directors of the association. The oversight council 1301 is not subject to the control of or direction by the department, 1302 and the department is notberesponsible for providing staff 1303 support or paying any expenses incurred by the oversight council 1304 in the performance of its duties. 1305 (a) The oversight council consists of the following 1306 members: 1307 1. The director of the division or his or her designee; 1308 2. A human resources professional or an individual who has 1309 significant experience managing and operating a business based 1310 in this state, recommended by the Florida Chamber of Commerce 1311 and appointed by the Governor; 1312 3. A financial management professional, appointed by the 1313 Governor; 1314 4. A program participant, appointed by the Secretary of 1315 Health or his or her designee; 1316 5. The director of the advisory council on brain and spinal 1317 cord injuries or his or her designee; 1318 6. The director of the Florida Endowment Foundation for 1319 Vocational Rehabilitation or his or her designee; and 1320 7. The director of the Florida Association of Centers for 1321 Independent Living or his or her designee. 1322 (b) The appointed members shall serve for a term concurrent 1323 with the term of the official who made the appointment and shall 1324 serve at the pleasure of such official. 1325 Reviser’s note.—Amended to confirm the editorial deletion of the 1326 word “be.” 1327 Section 29. Subsections (5), (7), and (8) and paragraph (c) 1328 of subsection (10) of section 440.185, Florida Statutes, are 1329 amended to read: 1330 440.185 Notice of injury or death; reports; penalties for 1331 violations.— 1332 (5) In the absence of a stipulation by the parties, reports 1333 provided for in subsection (2), subsection (3)(4), or 1334 subsection (4)(5)shall not be evidence of any fact stated in 1335 such report in any proceeding relating thereto, except for 1336 medical reports which, if otherwise qualified, may be admitted 1337 at the discretion of the judge of compensation claims. 1338 (7) When a claimant, employer, or carrier has the right, or 1339 is required, to mail a report or notice with required copies 1340 within the times prescribed in subsection (2), subsection (3) 1341(4), or subsection (4)(5), such mailing will be completed and 1342 in compliance with this section if it is postmarked and mailed 1343 prepaid to the appropriate recipient prior to the expiration of 1344 the time periods prescribed in this section. 1345 (8) Any employer or carrier who fails or refuses to timely 1346 send any form, report, or notice required by this section shall 1347 be subject to an administrative fine by the department not to 1348 exceed $500 for each such failure or refusal. However, any 1349 employer who fails to notify the carrier of an injury on the 1350 prescribed form or by letter within the 7 days required in 1351 subsection (2) shall be liable for the administrative fine, 1352 which shall be paid by the employer and not the carrier. Failure 1353 by the employer to meet its obligations under subsection (2) 1354 shall not relieve the carrier from liability for the 1355 administrative fine if it fails to comply with subsections (3) 1356(4)and (4)(5). 1357 (10) Upon receiving notice of an injury from an employee 1358 under subsection (1), the employer or carrier shall provide the 1359 employee with a written notice, in the form and manner 1360 determined by the department by rule, of the availability of 1361 services from the Employee Assistance and Ombudsman Office. The 1362 substance of the notice to the employee shall include: 1363 (c) A statement that the informational brochure referred to 1364 in subsection (3)(4)will be mailed to the employee within 3 1365 days after the carrier receives notice of the injury. 1366 Reviser’s note.—Amended to conform to the redesignation of 1367 subsections as a result of the repeal of former subsection 1368 (3) by s. 5, ch. 2016-56, Laws of Florida. 1369 Section 30. Paragraph (e) of subsection (4) of section 1370 459.022, Florida Statutes, is amended to read: 1371 459.022 Physician assistants.— 1372 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 1373 (e) A supervising physician may delegate to a fully 1374 licensed physician assistant the authority to prescribe or 1375 dispense any medication used in the supervising physician’s 1376 practice unless such medication is listed on the formulary 1377 created pursuant to s. 458.347. A fully licensed physician 1378 assistant may only prescribe or dispense such medication under 1379 the following circumstances: 1380 1. A physician assistant must clearly identify to the 1381 patient that she or he is a physician assistant and must inform 1382 the patient that the patient has the right to see the physician 1383 before a prescription is prescribed or dispensed by the 1384 physician assistant. 1385 2. The supervising physician must notify the department of 1386 her or his intent to delegate, on a department-approved form, 1387 before delegating such authority and of any change in 1388 prescriptive privileges of the physician assistant. Authority to 1389 dispense may be delegated only by a supervising physician who is 1390 registered as a dispensing practitioner in compliance with s. 1391 465.0276. 1392 3. The physician assistant must complete a minimum of 10 1393 continuing medical education hours in the specialty practice in 1394 which the physician assistant has prescriptive privileges with 1395 each licensure renewal. 1396 4. The department may issue a prescriber number to the 1397 physician assistant granting authority for the prescribing of 1398 medicinal drugs authorized within this paragraph upon completion 1399 of the requirements of this paragraph. The physician assistant 1400 is notberequired to independently register pursuant to s. 1401 465.0276. 1402 5. The prescription may be in paper or electronic form but 1403 must comply with ss. 456.0392(1) and 456.42(1) and chapter 499 1404 and must contain, in addition to the supervising physician’s 1405 name, address, and telephone number, the physician assistant’s 1406 prescriber number. Unless it is a drug or drug sample dispensed 1407 by the physician assistant, the prescription must be filled in a 1408 pharmacy permitted under chapter 465, and must be dispensed in 1409 that pharmacy by a pharmacist licensed under chapter 465. The 1410 inclusion of the prescriber number creates a presumption that 1411 the physician assistant is authorized to prescribe the medicinal 1412 drug and the prescription is valid. 1413 6. The physician assistant must note the prescription or 1414 dispensing of medication in the appropriate medical record. 1415 Reviser’s note.—Amended to confirm the editorial deletion of the 1416 word “be.” 1417 Section 31. Paragraph (c) of subsection (2) of section 1418 491.0046, Florida Statutes, is amended to read: 1419 491.0046 Provisional license; requirements.— 1420 (2) The department shall issue a provisional clinical 1421 social worker license, provisional marriage and family therapist 1422 license, or provisional mental health counselor license to each 1423 applicant who the board certifies has: 1424 (c) Has met the following minimum coursework requirements: 1425 1. For clinical social work, a minimum of 15 semester hours 1426 or 22 quarter hours of the coursework required by s. 1427 491.005(1)(b)2.b. 1428 2. For marriage and family therapy, 10 of the courses 1429 required by s. 491.005(3)(b)1.a.-c., as determined by the board, 1430 and at least 6 semester hours or 9 quarter hours of the course 1431 credits must have been completed in the area of marriage and 1432 family systems, theories, or techniques. 1433 3. For mental health counseling, a minimum of seven of the 1434 courses required under s. 491.005(4)(b)1.a.-c.491.005(b)1.a.-c.1435 Reviser’s note.—Amended to confirm the editorial substitution of 1436 a reference to s. 491.005(4)(b)1.a.-c. for a reference to 1437 s. 491.005(b)1.a.-c. to provide the complete cite to 1438 material relating to mental health counseling courses. 1439 Section 32. Subsection (4) of section 497.458, Florida 1440 Statutes, is amended to read: 1441 497.458 Disposition of proceeds received on contracts.— 1442 (4) The licensing authority may adopt rules exempting from 1443 the prohibition of paragraph (1)(h)(1)(g), pursuant to criteria 1444 established in such rule, the investment of trust funds in 1445 investments, such as widely and publicly traded stocks and 1446 bonds, notwithstanding that the licensee, its principals, or 1447 persons related by blood or marriage to the licensee or its 1448 principals have an interest by investment in the same entity, 1449 where neither the licensee, its principals, or persons related 1450 by blood or marriage to the licensee or its principals have the 1451 ability to control the entity invested in, and it would be in 1452 the interest of the preneed contract holders whose contracts are 1453 secured by the trust funds to allow the investment. 1454 Reviser’s note.—Amended to confirm the editorial substitution of 1455 a reference to paragraph (1)(h) for a reference to 1456 paragraph (1)(g). An early version of C.S. for C.S. for 1457 S.B. 854, which became ch. 2016-172, Laws of Florida, 1458 deleted paragraph (1)(b) and changed this reference to 1459 reflect the deletion. A later amendment restored paragraph 1460 (1)(b) but did not remove the change to the reference. 1461 Section 33. Paragraphs (b), (c), and (d) of subsection (9) 1462 of section 499.015, Florida Statutes, are amended to read: 1463 499.015 Registration of drugs, devices, and cosmetics; 1464 issuance of certificates of free sale.— 1465 (9) However, the manufacturer must submit evidence of such 1466 registration, listing, or approval with its initial application 1467 for a permit to do business in this state, as required in s. 1468 499.01 and any changes to such information previously submitted 1469 at the time of renewal of the permit. Evidence of approval, 1470 listing, and registration by the federal Food and Drug 1471 Administration must include: 1472 (b) For Class III devices, a Food andFederalDrug 1473 Administration premarket approval number; 1474 (c) For a manufacturer who subcontracts with a manufacturer 1475 of medical devices to manufacture components of such devices, a 1476 Food andFederalDrug Administration registration number; or 1477 (d) For a manufacturer of medical devices whose devices are 1478 exempt from premarket approval by the Food andFederalDrug 1479 Administration, a Food andFederalDrug Administration 1480 registration number. 1481 Reviser’s note.—Amended to correct an apparent error. There is 1482 no Federal Drug Administration; the Food and Drug 1483 Administration enforces the Federal Food, Drug, and 1484 Cosmetic Act. 1485 Section 34. Paragraph (a) of subsection (1) and paragraph 1486 (c) of subsection (5) of section 499.036, Florida Statutes, are 1487 amended to read: 1488 499.036 Restrictions on sale of dextromethorphan.— 1489 (1) As used in this section, the term: 1490 (a) “Finished drug product” means a drug legally marketed 1491 under the Federal Food, Drug, and Cosmetic Act that is in 1492 finished dosage form. For purposes of this paragraph, the term 1493 “drug” has the same meaning as provided in s. 499.003(17) 1494499.003(18). 1495 (5) A civil citation issued to a manufacturer, distributor, 1496 or retailer pursuant to this section shall be provided to the 1497 manager on duty at the time the citation is issued. If a manager 1498 is not available, a local law enforcement officer shall attempt 1499 to contact the manager to issue the citation. If the local law 1500 enforcement officer is unsuccessful in contacting the manager, 1501 he or she may leave a copy of the citation with an employee 18 1502 years of age or older and mail a copy of the citation by 1503 certified mail to the owner’s business address, as filed with 1504 the Department of State, or he or she may return to issue the 1505 citation at a later time. The civil citation shall provide: 1506 (c) The name of the employee or representative whothat1507 completed the sale. 1508 Reviser’s note.—Paragraph (1)(a) is amended to confirm the 1509 editorial substitution of a reference to s. 499.003(17) for 1510 a reference to s. 499.003(18) to conform to the 1511 redesignation of subunits of s. 499.003 by s. 2, ch. 2016 1512 212, Laws of Florida. Paragraph (5)(c) is amended to 1513 improve clarity. 1514 Section 35. Subsection (6) of section 499.83, Florida 1515 Statutes, is amended to read: 1516 499.83 Permits.— 1517 (6) A hospice licensed by the Agency for Health Care 1518 Administration pursuant to part IV of chapter 400 is not 1519 required to obtain a medical oxygen retail establishment permit 1520 to purchase on behalf of and sell medical oxygen to its hospice 1521 patients if the hospice contracts for the purchase and delivery 1522 of medical oxygen from an establishment permitted pursuant to 1523 this part. Sale and delivery to patients by hospices pursuant to 1524 this subsection must be based uponona prescription or an order 1525 from a practitioner authorized by law to prescribe medical 1526 oxygen. For sales to hospices pursuant to this subsection, the 1527 medical gas wholesale distributor or the medical gas 1528 manufacturer selling medical oxygen to a hospice shall reflect 1529 on its invoice the hospice license number provided by the Agency 1530 for Health Care Administration and shall maintain such record 1531 pursuant to s. 499.89. Both the hospice and the medical oxygen 1532 retailer delivering medical oxygen to the patient must maintain 1533 a copy of a valid order or prescription for medical oxygen in 1534 accordance with s. 499.89 and department rule, which copy must 1535 be readily available for inspection. 1536 Reviser’s note.—Amended to confirm the editorial deletion of the 1537 word “on.” 1538 Section 36. Subsection (1) of section 553.79, Florida 1539 Statutes, as amended by sections 19 and 39 of chapter 2016-129, 1540 Laws of Florida, effective October 1, 2017, is amended to read: 1541 553.79 Permits; applications; issuance; inspections.— 1542 (1)(a) After the effective date of the Florida Building 1543 Code adopted as herein provided, it shall be unlawful for any 1544 person, firm, corporation, or governmental entity to construct, 1545 erect, alter, modify, repair, or demolish any building within 1546 this state without first obtaining a permit therefor from the 1547 appropriate enforcing agency or from such persons as may, by 1548 appropriate resolution or regulation of the authorized state or 1549 local enforcing agency, be delegated authority to issue such 1550 permits, upon the payment of such reasonable fees adopted by the 1551 enforcing agency. The enforcing agency is empowered to revoke 1552 any such permit upon a determination by the agency that the 1553 construction, erection, alteration, modification, repair, or 1554 demolition of the building for which the permit was issued is in 1555 violation of, or not in conformity with, the provisions of the 1556 Florida Building Code. Whenever a permit required under this 1557 section is denied or revoked because the plan, or the 1558 construction, erection, alteration, modification, repair, or 1559 demolition of a building, is found by the local enforcing agency 1560 to be not in compliance with the Florida Building Code, the 1561 local enforcing agency shall identify the specific plan or 1562 project features that do not comply with the applicable codes, 1563 identify the specific code chapters and sections upon which the 1564 finding is based, and provide this information to the permit 1565 applicant. A plans reviewer or building code administrator who 1566 is responsible for issuing a denial, revocation, or modification 1567 request but fails to provide to the permit applicant a reason 1568 for denying, revoking, or requesting a modification, based on 1569 compliance with the Florida Building Code or local ordinance, is 1570 subject to disciplinary action against his or her license 1571 pursuant to s. 468.621(1)(i)468.621(1)(j). Installation, 1572 replacement, removal, or metering of any load management control 1573 device is exempt from and shall not be subject to the permit 1574 process and fees otherwise required by this section. 1575 (b) A local enforcement agency shall post each type of 1576 building permit application on its website. Completed 1577 applications must be able to be submitted electronically to the 1578 appropriate building department. Accepted methods of electronic 1579 submission include, but are not limited to, e-mail submission of 1580 applications in portable document format or submission of 1581 applications through an electronic fill-in form available on the 1582 building department’s website or through a third-party 1583 submission management software. Payments, attachments, or 1584 drawings required as part of the permit application may be 1585 submitted in person in a nonelectronic format, at the discretion 1586 of the building official. 1587 Reviser’s note.—Amended to correct an erroneous cross-reference. 1588 Section 468.621(1)(j) references insurance requirements; s. 1589 468.621(1)(i) references failing to lawfully execute 1590 specified duties and responsibilities. 1591 Section 37. Section 571.24, Florida Statutes, is amended to 1592 read: 1593 571.24 Purpose; duties of the department.—The purpose of 1594 this part is to authorize the department to establish and 1595 coordinate the Florida Agricultural Promotional Campaign. The 1596 Legislature intends for the Florida Agricultural Promotional 1597 Campaign to serve as a marketing program to promote Florida 1598 agricultural commodities, value-added products, and 1599 agricultural-related businesses and not as a food safety or 1600 traceability program. The duties of the department shall 1601 include, but are not limited to: 1602 (1) Developing logos and authorizing the use of logos as 1603 provided by rule. 1604 (2) Registering participants. 1605 (3) Assessing and collecting fees. 1606 (4) Collecting rental receipts for industry promotions. 1607 (5) Developing in-kind advertising programs. 1608 (6) Contracting with media representatives for the purpose 1609 of dispersing promotional materials. 1610 (7) Assisting the representative of the department who 1611 serves on the Florida Agricultural Promotional Campaign Advisory 1612 Council. 1613 (8) Adopting rules pursuant to ss. 120.536(1) and 120.54 to 1614 implement the provisions of this part. 1615 (9) Enforcing and administering the provisions of this 1616 part, including measures ensuring that only Florida agricultural 1617 or agricultural based products are marketed under the “Fresh 1618 From Florida” or “From Florida” logos or other logos of the 1619 Florida Agricultural Promotional Campaign. 1620 Reviser’s note.—Amended to confirm the editorial insertion of 1621 the word “as” to improve clarity. 1622 Section 38. Paragraph (c) of subsection (1) of section 1623 625.111, Florida Statutes, is amended to read: 1624 625.111 Title insurance reserve.—In addition to an adequate 1625 reserve as to outstanding losses relating to known claims as 1626 required under s. 625.041, a domestic title insurer shall 1627 establish, segregate, and maintain a guaranty fund or unearned 1628 premium reserve as provided in this section. The sums to be 1629 reserved for unearned premiums on title guarantees and policies 1630 shall be considered and constitute unearned portions of the 1631 original premiums and shall be charged as a reserve liability of 1632 the insurer in determining its financial condition. Such 1633 reserved funds shall be withdrawn from the use of the insurer 1634 for its general purposes, impressed with a trust in favor of the 1635 holders of title guarantees and policies, and held available for 1636 reinsurance of the title guarantees and policies in the event of 1637 the insolvency of the insurer. This section does not preclude 1638 the insurer from investing such reserve in investments 1639 authorized by law, and the income from such investments shall be 1640 included in the general income of the insurer and may be used by 1641 such insurer for any lawful purpose. 1642 (1) For an unearned premium reserve established on or after 1643 July 1, 1999, such reserve must be in an amount at least equal 1644 to the sum of paragraphs (a), (b), and (d) for title insurers 1645 holding less than $50 million in surplus as to policyholders as 1646 of the previous year end and the sum of paragraphs (c) and (d) 1647 for title insurers holding $50 million or more in surplus as to 1648 policyholders as of the previous year end or title insurers that 1649 are members of an insurance holding company system holding $1 1650 billion or more in surplus as to policyholders and a superior, 1651 excellent, exceptional, or equivalent financial strength rating 1652 by a rating agency acceptable to the office: 1653 (c) On or after January 1, 2014, for title insurers holding 1654 $50 million or more in surplus as to policyholders as of the 1655 previous year end or title insurers that are members of an 1656 insurance holding company system holding $1 billion or more in 1657 surplus as to policyholders and a superior, excellent, 1658 exceptional, or equivalent financial strength rating by a rating 1659 agency acceptable to the office, a minimum of 6.5 percent of the 1660 total of the following: 1661 1. Direct premiums written; and 1662 2. Premiums for reinsurance assumed, plus other income, 1663 less premiums for reinsurance ceded as displayed in Schedule P 1664 of the title insurer’s most recent annual statement filed with 1665 the office with such reserve being subsequently released as 1666 provided in subsection (2). Title insurers with less than $50 1667 million in surplus as to policyholders and that are not members 1668 of an insurance holding company system with $1 billion or more 1669 in surplus as to policyholders and a superior, excellent, 1670 exceptional, or equivalent financial strength rating by a rating 1671 agency acceptable to the office must continue to record unearned 1672 premium reserve in accordance with paragraph (b). 1673 Reviser’s note.—Amended to confirm the editorial insertion of 1674 the word “that” to improve clarity. 1675 Section 39. Subsection (5) of section 627.0629, Florida 1676 Statutes, is amended to read: 1677 627.0629 Residential property insurance; rate filings.— 1678 (5) In order to provide an appropriate transition period, 1679 an insurer may implement an approved rate filing for residential 1680 property insurance over a period of years. Such insurer must 1681 provide an informational notice to the office setting out its 1682 schedule for implementation of the phased-in rate filing.The1683insurer may include in its rate the actual cost of private1684market reinsurance that corresponds to available coverage of the1685Temporary Increase in Coverage Limits, TICL, from the Florida1686Hurricane Catastrophe Fund. The insurer may also include the1687cost of reinsurance to replace the TICL reduction implemented1688pursuant to s. 215.555(16)(d)9. However, this cost for1689reinsurance may not include any expense or profit load or result1690in a total annual base rate increase in excess of 10 percent.1691 Reviser’s note.—Amended to delete obsolete provisions relating 1692 to temporary increase in coverage limits options from the 1693 Florida Hurricane Catastrophe Fund provided in s. 1694 215.555(16), which is repealed by this act. 1695 Section 40. Subsection (1) of section 627.42392, Florida 1696 Statutes, is amended to read: 1697 627.42392 Prior authorization.— 1698 (1) As used in this section, the term “health insurer” 1699 means an authorized insurer offering health insurance as defined 1700 in s. 624.603, a managed care plan as defined in s. 409.962(10) 1701409.962(9), or a health maintenance organization as defined in 1702 s. 641.19(12). 1703 Reviser’s note.—Amended to conform to the redesignation of s. 1704 409.962(9) as s. 409.962(10) by s. 1, ch. 2016-147, Laws of 1705 Florida. 1706 Section 41. Paragraph (a) of subsection (3) of section 1707 627.6562, Florida Statutes, is amended to read: 1708 627.6562 Dependent coverage.— 1709 (3) If, pursuant to subsection (2), a child is provided 1710 coverage under the parent’s policy after the end of the calendar 1711 year in which the child reaches age 25 and coverage for the 1712 child is subsequently terminated, the child is not eligible to 1713 be covered under the parent’s policy unless the child was 1714 continuously covered by other creditable coverage without a gap 1715 in coverage of more than 63 days. 1716 (a) For the purposes of this subsection, the term 1717 “creditable coverage” means, with respect to an individual, 1718 coverage of the individual under any of the following: 1719 1. A group health plan, as defined in s. 2791 of the Public 1720 Health Service Act. 1721 2. Health insurance coverage consisting of medical care 1722 provided directly through insurance or reimbursement or 1723 otherwise, and including terms and services paid for as medical 1724 care, under any hospital or medical service policy or 1725 certificate, hospital or medical service plan contract, or 1726 health maintenance contract offered by a health insurance 1727 issuer. 1728 3. Part A or Part B of Title XVIII of the Social Security 1729 Act. 1730 4. Title XIX of the Social Security Act, other than 1731 coverage consisting solely of benefits under s. 1928. 1732 5. Title 10 U.S.C. chapter 55. 1733 6. A medical care program of the Indian Health Service or 1734 of a tribal organization. 1735 7. ATheFlorida Comprehensive Health Association or1736anotherstate health benefit risk pool. 1737 8. A health plan offered under 5 U.S.C. chapter 89. 1738 9. A public health plan as defined by rules adopted by the 1739 commission. To the greatest extent possible, such rules must be 1740 consistent with regulations adopted by the United States 1741 Department of Health and Human Services. 1742 10. A health benefit plan under s. 5(e) of the Peace Corps 1743 Act, 22 U.S.C. s. 2504(e). 1744 Reviser’s note.—Amended to conform to the repeal of s. 627.6488, 1745 which created the Florida Comprehensive Health Association, 1746 by s. 20, ch. 2013-101, Laws of Florida, effective October 1747 1, 2015; confirmed by s. 13, ch. 2016-11, Laws of Florida, 1748 a reviser’s bill. 1749 Section 42. Subsection (8) of section 627.7074, Florida 1750 Statutes, is amended to read: 1751 627.7074 Alternative procedure for resolution of disputed 1752 sinkhole insurance claims.— 1753 (8) For policyholders not represented by an attorney, a 1754 consumer affairs specialist of the department or an employee 1755 designated as the primary contact for consumers on issues 1756 relating to sinkholes under s. 624.307(10)(a)5.20.121shall be 1757 available for consultation to the extent that he or she may 1758 lawfully do so. 1759 Reviser’s note.—Amended to conform to the repeal of s. 1760 20.121(2)(h) by s. 3, ch. 2016-165, Laws of Florida; s. 1761 20.121(2)(h)1.e. authorized the Division of Consumer 1762 Services to designate an employee of the division as 1763 primary contact for consumers on issues relating to 1764 sinkholes. Section 5, ch. 2016-165, added s. 624.307(10), 1765 including substantially similar language relating to 1766 division designation of an employee as primary contact 1767 relating to sinkhole issues, at s. 624.307(10)(a)5. 1768 Section 43. Subsection (2) of section 633.216, Florida 1769 Statutes, is amended to read: 1770 633.216 Inspection of buildings and equipment; orders; 1771 firesafety inspection training requirements; certification; 1772 disciplinary action.—The State Fire Marshal and her or his 1773 agents or persons authorized to enforce laws and rules of the 1774 State Fire Marshal shall, at any reasonable hour, when the State 1775 Fire Marshal has reasonable cause to believe that a violation of 1776 this chapter or s. 509.215, or a rule adopted thereunder, or a 1777 minimum firesafety code adopted by the State Fire Marshal or a 1778 local authority, may exist, inspect any and all buildings and 1779 structures which are subject to the requirements of this chapter 1780 or s. 509.215 and rules adopted thereunder. The authority to 1781 inspect shall extend to all equipment, vehicles, and chemicals 1782 which are located on or within the premises of any such building 1783 or structure. 1784 (2) Except as provided in s. 633.312(2), every firesafety 1785 inspection conducted pursuant to state or local firesafety 1786 requirements shall be by a person certified as having met the 1787 inspection training requirements set by the State Fire Marshal. 1788 Such person shall meet the requirements of s. 633.412(1)-(4) 1789633.412(1)(a)-(d), and: 1790 (a) Have satisfactorily completed the firesafety inspector 1791 certification examination as prescribed by division rule; and 1792 (b)1. Have satisfactorily completed, as determined by 1793 division rule, a firesafety inspector training program of at 1794 least 200 hours established by the department and administered 1795 by education or training providers approved by the department 1796 for the purpose of providing basic certification training for 1797 firesafety inspectors; or 1798 2. Have received training in another state which is 1799 determined by the division to be at least equivalent to that 1800 required by the department for approved firesafety inspector 1801 education and training programs in this state. 1802 Reviser’s note.—Amended to conform to the redesignation of s. 1803 633.412(1)(a)-(d) as s. 633.412(1)-(4) to conform to the 1804 repeal of subsection (2) of s. 633.412 by s. 24, ch. 2016 1805 132, Laws of Florida. 1806 Section 44. Subsection (1) of section 655.960, Florida 1807 Statutes, is amended to read: 1808 655.960 Definitions; ss. 655.960-655.965.—As used in this 1809 section and ss. 655.961-655.965, unless the context otherwise 1810 requires: 1811 (1) “Access area” means any paved walkway or sidewalk which 1812 is within 50 feet of any automated teller machine. The term does 1813 not include any street or highway open to the use of the public, 1814 as defined in s. 316.003(77)(a) or (b)316.003(76)(a) or (b), 1815 including any adjacent sidewalk, as defined in s. 316.003. 1816 Reviser’s note.—Amended to confirm the editorial substitution of 1817 a reference to s. 316.003(77)(a) or (b) for a reference to 1818 s. 316.003(76)(a) or (b) to conform to the renumbering of 1819 subunits by s. 5, ch. 2016-239, Laws of Florida, and the 1820 addition of subunits by s. 1, ch. 2016-115, Laws of 1821 Florida, and s. 3, ch. 2016-181, Laws of Florida. 1822 Section 45. Paragraph (q) of subsection (1) of section 1823 744.20041, Florida Statutes, is amended to read: 1824 744.20041 Grounds for discipline; penalties; enforcement.— 1825 (1) The following acts by a professional guardian shall 1826 constitute grounds for which the disciplinary actions specified 1827 in subsection (2) may be taken: 1828 (q) Failing to post and maintain a blanket fiduciary bond 1829 pursuant to s. 744.2003744.1085. 1830 Reviser’s note.—Amended to conform to the transfer of s. 1831 744.1085 to s. 744.2003 by s. 10, ch. 2016-40, Laws of 1832 Florida. 1833 Section 46. Paragraph (a) of subsection (2) of section 1834 790.065, Florida Statutes, is amended to read: 1835 790.065 Sale and delivery of firearms.— 1836 (2) Upon receipt of a request for a criminal history record 1837 check, the Department of Law Enforcement shall, during the 1838 licensee’s call or by return call, forthwith: 1839 (a) Review any records available to determine if the 1840 potential buyer or transferee: 1841 1. Has been convicted of a felony and is prohibited from 1842 receipt or possession of a firearm pursuant to s. 790.23; 1843 2. Has been convicted of a misdemeanor crime of domestic 1844 violence, and therefore is prohibited from purchasing a firearm; 1845 3. Has had adjudication of guilt withheld or imposition of 1846 sentence suspended on any felony or misdemeanor crime of 1847 domestic violence unless 3 years have elapsed since probation or 1848 any other conditions set by the court have been fulfilled or 1849 expunction has occurred; or 1850 4. Has been adjudicated mentally defective or has been 1851 committed to a mental institution by a court or as provided in 1852 sub-sub-subparagraph b.(II), and as a result is prohibited by 1853 state or federal law from purchasing a firearm. 1854 a. As used in this subparagraph, “adjudicated mentally 1855 defective” means a determination by a court that a person, as a 1856 result of marked subnormal intelligence, or mental illness, 1857 incompetency, condition, or disease, is a danger to himself or 1858 herself or to others or lacks the mental capacity to contract or 1859 manage his or her own affairs. The phrase includes a judicial 1860 finding of incapacity under s. 744.331(6)(a), an acquittal by 1861 reason of insanity of a person charged with a criminal offense, 1862 and a judicial finding that a criminal defendant is not 1863 competent to stand trial. 1864 b. As used in this subparagraph, “committed to a mental 1865 institution” means: 1866 (I) Involuntary commitment, commitment for mental 1867 defectiveness or mental illness, and commitment for substance 1868 abuse. The phrase includes involuntary inpatient placement as 1869 defined in s. 394.467, involuntary outpatient placement as 1870 defined in s. 394.4655, involuntary assessment and stabilization 1871 under s. 397.6818, and involuntary substance abuse treatment 1872 under s. 397.6957, but does not include a person in a mental 1873 institution for observation or discharged from a mental 1874 institution based upon the initial review by the physician or a 1875 voluntary admission to a mental institution; or 1876 (II) Notwithstanding sub-sub-subparagraph (I), voluntary 1877 admission to a mental institution for outpatient or inpatient 1878 treatment of a person who had an involuntary examination under 1879 s. 394.463, where each of the following conditions have been 1880 met: 1881 (A) An examining physician found that the person is an 1882 imminent danger to himself or herself or others. 1883 (B) The examining physician certified that if the person 1884 did not agree to voluntary treatment, a petition for involuntary 1885 outpatient or inpatient treatment would have been filed under s. 1886 394.463(2)(g)4.394.463(2)(i)4., or the examining physician 1887 certified that a petition was filed and the person subsequently 1888 agreed to voluntary treatment prior to a court hearing on the 1889 petition. 1890 (C) Before agreeing to voluntary treatment, the person 1891 received written notice of that finding and certification, and 1892 written notice that as a result of such finding, he or she may 1893 be prohibited from purchasing a firearm, and may not be eligible 1894 to apply for or retain a concealed weapon or firearms license 1895 under s. 790.06 and the person acknowledged such notice in 1896 writing, in substantially the following form: 1897 1898 “I understand that the doctor who examined me believes I am a 1899 danger to myself or to others. I understand that if I do not 1900 agree to voluntary treatment, a petition will be filed in court 1901 to require me to receive involuntary treatment. I understand 1902 that if that petition is filed, I have the right to contest it. 1903 In the event a petition has been filed, I understand that I can 1904 subsequently agree to voluntary treatment prior to a court 1905 hearing. I understand that by agreeing to voluntary treatment in 1906 either of these situations, I may be prohibited from buying 1907 firearms and from applying for or retaining a concealed weapons 1908 or firearms license until I apply for and receive relief from 1909 that restriction under Florida law.” 1910 1911 (D) A judge or a magistrate has, pursuant to sub-sub 1912 subparagraph c.(II), reviewed the record of the finding, 1913 certification, notice, and written acknowledgment classifying 1914 the person as an imminent danger to himself or herself or 1915 others, and ordered that such record be submitted to the 1916 department. 1917 c. In order to check for these conditions, the department 1918 shall compile and maintain an automated database of persons who 1919 are prohibited from purchasing a firearm based on court records 1920 of adjudications of mental defectiveness or commitments to 1921 mental institutions. 1922 (I) Except as provided in sub-sub-subparagraph (II), clerks 1923 of court shall submit these records to the department within 1 1924 month after the rendition of the adjudication or commitment. 1925 Reports shall be submitted in an automated format. The reports 1926 must, at a minimum, include the name, along with any known alias 1927 or former name, the sex, and the date of birth of the subject. 1928 (II) For persons committed to a mental institution pursuant 1929 to sub-sub-subparagraph b.(II), within 24 hours after the 1930 person’s agreement to voluntary admission, a record of the 1931 finding, certification, notice, and written acknowledgment must 1932 be filed by the administrator of the receiving or treatment 1933 facility, as defined in s. 394.455, with the clerk of the court 1934 for the county in which the involuntary examination under s. 1935 394.463 occurred. No fee shall be charged for the filing under 1936 this sub-sub-subparagraph. The clerk must present the records to 1937 a judge or magistrate within 24 hours after receipt of the 1938 records. A judge or magistrate is required and has the lawful 1939 authority to review the records ex parte and, if the judge or 1940 magistrate determines that the record supports the classifying 1941 of the person as an imminent danger to himself or herself or 1942 others, to order that the record be submitted to the department. 1943 If a judge or magistrate orders the submittal of the record to 1944 the department, the record must be submitted to the department 1945 within 24 hours. 1946 d. A person who has been adjudicated mentally defective or 1947 committed to a mental institution, as those terms are defined in 1948 this paragraph, may petition the court that made the 1949 adjudication or commitment, or the court that ordered that the 1950 record be submitted to the department pursuant to sub-sub 1951 subparagraph c.(II), for relief from the firearm disabilities 1952 imposed by such adjudication or commitment. A copy of the 1953 petition shall be served on the state attorney for the county in 1954 which the person was adjudicated or committed. The state 1955 attorney may object to and present evidence relevant to the 1956 relief sought by the petition. The hearing on the petition may 1957 be open or closed as the petitioner may choose. The petitioner 1958 may present evidence and subpoena witnesses to appear at the 1959 hearing on the petition. The petitioner may confront and cross 1960 examine witnesses called by the state attorney. A record of the 1961 hearing shall be made by a certified court reporter or by court 1962 approved electronic means. The court shall make written findings 1963 of fact and conclusions of law on the issues before it and issue 1964 a final order. The court shall grant the relief requested in the 1965 petition if the court finds, based on the evidence presented 1966 with respect to the petitioner’s reputation, the petitioner’s 1967 mental health record and, if applicable, criminal history 1968 record, the circumstances surrounding the firearm disability, 1969 and any other evidence in the record, that the petitioner will 1970 not be likely to act in a manner that is dangerous to public 1971 safety and that granting the relief would not be contrary to the 1972 public interest. If the final order denies relief, the 1973 petitioner may not petition again for relief from firearm 1974 disabilities until 1 year after the date of the final order. The 1975 petitioner may seek judicial review of a final order denying 1976 relief in the district court of appeal having jurisdiction over 1977 the court that issued the order. The review shall be conducted 1978 de novo. Relief from a firearm disability granted under this 1979 sub-subparagraph has no effect on the loss of civil rights, 1980 including firearm rights, for any reason other than the 1981 particular adjudication of mental defectiveness or commitment to 1982 a mental institution from which relief is granted. 1983 e. Upon receipt of proper notice of relief from firearm 1984 disabilities granted under sub-subparagraph d., the department 1985 shall delete any mental health record of the person granted 1986 relief from the automated database of persons who are prohibited 1987 from purchasing a firearm based on court records of 1988 adjudications of mental defectiveness or commitments to mental 1989 institutions. 1990 f. The department is authorized to disclose data collected 1991 pursuant to this subparagraph to agencies of the Federal 1992 Government and other states for use exclusively in determining 1993 the lawfulness of a firearm sale or transfer. The department is 1994 also authorized to disclose this data to the Department of 1995 Agriculture and Consumer Services for purposes of determining 1996 eligibility for issuance of a concealed weapons or concealed 1997 firearms license and for determining whether a basis exists for 1998 revoking or suspending a previously issued license pursuant to 1999 s. 790.06(10). When a potential buyer or transferee appeals a 2000 nonapproval based on these records, the clerks of court and 2001 mental institutions shall, upon request by the department, 2002 provide information to help determine whether the potential 2003 buyer or transferee is the same person as the subject of the 2004 record. Photographs and any other data that could confirm or 2005 negate identity must be made available to the department for 2006 such purposes, notwithstanding any other provision of state law 2007 to the contrary. Any such information that is made confidential 2008 or exempt from disclosure by law shall retain such confidential 2009 or exempt status when transferred to the department. 2010 Reviser’s note.—Amended to conform to the repeal of s. 2011 394.463(2)(i)4. by s. 88, ch. 2016-241, Laws of Florida, 2012 and the creation of substantially similar language at s. 2013 394.463(2)(g)4. by the same law section. 2014 Section 47. Paragraph (a) of subsection (1) of section 2015 832.07, Florida Statutes, is amended to read: 2016 832.07 Prima facie evidence of intent; identity.— 2017 (1) INTENT.— 2018 (a) In any prosecution or action under this chapter, the 2019 making, drawing, uttering, or delivery of a check, draft, or 2020 order, payment of which is refused by the drawee because of lack 2021 of funds or credit, shall be prima facie evidence of intent to 2022 defraud or knowledge of insufficient funds in, or credit with, 2023 such bank, banking institution, trust company, or other 2024 depository, unless such maker or drawer, or someone for him or 2025 her, shall have paid the holder thereof the amount due thereon, 2026 together with a service charge not to exceed the service fees 2027 authorized under s. 832.08(5) or an amount of up to 5 percent of 2028 the face amount of the check, whichever is greater, within 15 2029 days after written notice has been sent to the address printed 2030 on the check or given at the time of issuance that such check, 2031 draft, or order has not been paid to the holder thereof, and 2032 bank fees incurred by the holder. In the event of legal action 2033 for recovery, the maker or drawer may be additionally liable for 2034 court costs and reasonable attorney’s fees. Notice mailed by 2035 certified or registered mail, evidenced by return receipt, or by 2036 first-class mail, evidenced by an affidavit of service of mail, 2037 to the address printed on the check or given at the time of 2038 issuance shall be deemed sufficient and equivalent to notice 2039 having been received by the maker or drawer, whether such notice 2040 shall be returned undelivered or not. The form of such notice 2041 shall be substantially as follows: 2042 2043 “You are hereby notified that a check, numbered ...., in 2044 the face amount of $...., issued by you on ...(date)..., drawn 2045 upon ...(name of bank)..., and payable to ...., has been 2046 dishonored. Pursuant to Florida law, you have 15 days from the 2047 date of this notice to tender payment of the full amount of such 2048 check plus a service charge of $25, if the face value does not 2049 exceed $50, $30, if the face value exceeds $50 but does not 2050 exceed $300, $40, if the face value exceeds $300, or an amount 2051 of up to 5 percent of the face amount of the check, whichever is 2052 greater, the total amount due being $.... and .... cents. Unless 2053 this amount is paid in full within the time specified above, the 2054 holder of such check may turn over the dishonored check and all 2055 other available information relating to this incident to the 2056 state attorney for criminal prosecution. You may be additionally 2057 liable in a civil action for triple the amount of the check, but 2058 in no case less than $50, together with the amount of the check, 2059 a service charge, court costs, reasonable attorney fees, and 2060 incurred bank fees, as provided in s. 68.065, Florida Statutes.” 2061 2062 Subsequent persons receiving a check, draft, or order from the 2063 original payee or a successor endorsee have the same rights that 2064 the original payee has against the maker of the instrument, 2065 provided such subsequent persons give notice in a substantially 2066 similar form to that provided above. Subsequent persons 2067 providing such notice shall be immune from civil liability for 2068 the giving of such notice and for proceeding under the forms of 2069 such notice, so long as the maker of the instrument has the same 2070 defenses against these subsequent persons as against the 2071 original payee. However, the remedies available under this 2072 section may be exercised only by one party in interest. 2073 Reviser’s note.—Amended to conform to the Florida Statutes 2074 citation style for forms. 2075 Section 48. Subsection (5) of section 893.0356, Florida 2076 Statutes, is amended to read: 2077 893.0356 Control of new substances; findings of fact; 2078 “controlled substance analog” defined.— 2079 (5) A controlled substance analog shall, for purposes of 2080 drug abuse prevention and control, be treated as the highest 2081 scheduled controlled substance of which it is a controlled 2082 substance analogtoin s. 893.03. 2083 Reviser’s note.—Amended to confirm the editorial deletion of the 2084 word “to.” 2085 Section 49. Subsections (3) and (4) of section 893.13, 2086 Florida Statutes, are amended to read: 2087 893.13 Prohibited acts; penalties.— 2088 (3) A person who delivers, without consideration, 20 grams 2089 or less of cannabis, as defined in this chapter, commits a 2090 misdemeanor of the first degree, punishable as provided in s. 2091 775.082 or s. 775.083. As used in this subsectionparagraph, the 2092 term “cannabis” does not include the resin extracted from the 2093 plants of the genus Cannabis or any compound manufacture, salt, 2094 derivative, mixture, or preparation of such resin. 2095 (4) Except as authorized by this chapter, a person 18 years 2096 of age or older may not deliver any controlled substance to a 2097 person younger than 18 years of age, use or hire a person 2098 younger than 18 years of age as an agent or employee in the sale 2099 or delivery of such a substance, or use such person to assist in 2100 avoiding detection or apprehension for a violation of this 2101 chapter. A person who violates this subsectionparagraphwith 2102 respect to: 2103 (a) A controlled substance named or described in s. 2104 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. 2105 commits a felony of the first degree, punishable as provided in 2106 s. 775.082, s. 775.083, or s. 775.084. 2107 (b) A controlled substance named or described in s. 2108 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., 2109 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of 2110 the second degree, punishable as provided in s. 775.082, s. 2111 775.083, or s. 775.084. 2112 (c) Any other controlled substance, except as lawfully 2113 sold, manufactured, or delivered, commits a felony of the third 2114 degree, punishable as provided in s. 775.082, s. 775.083, or s. 2115 775.084. 2116 2117 Imposition of sentence may not be suspended or deferred, and the 2118 person so convicted may not be placed on probation. 2119 Reviser’s note.—Subsection (3) is amended to conform to context 2120 and to the fact that subsection (3) does not contain 2121 paragraphs. Subsection (4) is amended to conform to 2122 context; the amendment to subsection (4) by s. 5, ch. 2016 2123 105, Laws of Florida, substituted the word “paragraph” for 2124 the word “provision,” but the introductory material is 2125 applicable to the entire subsection. 2126 Section 50. Paragraphs (c) and (h) of subsection (3) of 2127 section 921.0022, Florida Statutes, are amended to read: 2128 921.0022 Criminal Punishment Code; offense severity ranking 2129 chart.— 2130 (3) OFFENSE SEVERITY RANKING CHART 2131 (c) LEVEL 3 2132 2133 FloridaStatute FelonyDegree Description 2134 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 2135 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 2136 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 2137 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 2138 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 2139 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 2140 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 2141 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 2142 327.35(2)(b) 3rd Felony BUI. 2143 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 2144 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 2145 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 2146 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 2147 379.2431 (1)(e)7379.2431(1)(e)6. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 2148 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 2149 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 2150 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 2151 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 2152 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 2153 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 2154 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 2155 697.08 3rd Equity skimming. 2156 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 2157 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 2158 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 2159 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 2160 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 2161 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 2162 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 2163 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 2164 817.233 3rd Burning to defraud insurer. 2165 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 2166 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 2167 817.236 3rd Filing a false motor vehicle insurance application. 2168 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 2169 817.413(2) 3rd Sale of used goods as new. 2170 817.505(4) 3rd Patient brokering. 2171 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 2172 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 2173 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 2174 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 2175 843.19 3rd Injure, disable, or kill police dog or horse. 2176 860.15(3) 3rd Overcharging for repairs and parts. 2177 870.01(2) 3rd Riot; inciting or encouraging. 2178 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 2179 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 2180 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 2181 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 2182 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 2183 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 2184 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 2185 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 2186 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 2187 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 2188 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 2189 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 2190 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 2191 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 2192 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 2193 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 2194 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 2195 (h) LEVEL 8 2196 2197 FloridaStatute FelonyDegree Description 2198 316.193 (3)(c)3.a. 2nd DUI manslaughter. 2199 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 2200 327.35(3)(c)3. 2nd Vessel BUI manslaughter. 2201 499.0051(6)499.0051(7)1st Knowing trafficking in contraband prescription drugs. 2202 499.0051(7)499.0051(8)1st Knowing forgery of prescription labels or prescription drug labels. 2203 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. 2204 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. 2205 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 2206 777.03(2)(a) 1st Accessory after the fact, capital felony. 2207 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb. 2208 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). 2209 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 2210 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 2211 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 2212 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 2213 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 2214 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state. 2215 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state. 2216 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 2217 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury. 2218 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury. 2219 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury. 2220 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense. 2221 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 2222 800.04(4)(b) 2nd Lewd or lascivious battery. 2223 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense. 2224 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 2225 810.02(2)(a) 1st,PBL Burglary with assault or battery. 2226 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 2227 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 2228 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 2229 812.13(2)(b) 1st Robbery with a weapon. 2230 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 2231 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 2232 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee. 2233 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 2234 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument. 2235 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 2236 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 2237 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 2238 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 2239 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 2240 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 2241 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 2242 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 2243 860.16 1st Aircraft piracy. 2244 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2245 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2246 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). 2247 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 2248 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 2249 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 2250 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 50 grams or more, less than 200 grams. 2251 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 2252 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams. 2253 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. 2254 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams. 2255 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. 2256 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 2257 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. 2258 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 2259 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there. 2260 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 2261 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 2262 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 2263 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 2264 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. 2265 Reviser’s note.—Paragraph (3)(c) is amended to conform to the 2266 redesignation of s. 379.2431(1)(e)6. as s. 379.2431(1)(e)7. 2267 by s. 4, ch. 2016-107, Laws of Florida. Paragraph (3)(h) is 2268 amended to conform to the redesignation of subunits in s. 2269 499.0051 by s. 4, ch. 2016-212, Laws of Florida. 2270 Section 51. Paragraph (c) of subsection (5) of section 2271 932.7055, Florida Statutes, is amended to read: 2272 932.7055 Disposition of liens and forfeited property.— 2273 (5) 2274 (c) An agency or organization, other than the seizing 2275 agency, that wishes to receive such funds shall apply to the 2276 sheriff or chief of police for an appropriation and its 2277 application shall be accompanied by a written certification that 2278 the moneys will be used for an authorized purpose. Such requests 2279 for expenditures shall include a statement describing 2280 anticipated recurring costs for the agency for subsequent fiscal 2281 years. An agency or organization that receives money pursuant to 2282 this subsection shall provide an accounting for such moneys and 2283 shall furnish the same reports as an agency of the county or 2284 municipality that receives public funds. Such funds may be 2285 expended in accordance with the following procedures: 2286 1. Such funds may be used only for school resource officer, 2287 crime prevention, safe neighborhood, drug abuse education, or 2288 drug prevention programs or such other law enforcement purposes 2289 as the board of county commissioners or governing body of the 2290 municipality deems appropriate. 2291 2. Such funds shall not be a source of revenue to meet 2292 normal operating needs of the law enforcement agency. 2293 3. Any local law enforcement agency that acquires at least 2294 $15,000 pursuant to the Florida Contraband Forfeiture Act within 2295 a fiscal year must expend or donate no less than 25 percent of 2296 such proceeds for the support or operation of any drug 2297 treatment, drug abuse education, drug prevention, crime 2298 prevention, safe neighborhood, or school resource officer 2299 program or programs. The local law enforcement agency has the 2300 discretion to determine which program or programs will receive 2301 the designated proceeds. 2302 2303 Notwithstanding the drug abuse education, drug treatment, drug 2304 prevention, crime prevention, safe neighborhood, or school 2305 resource officer minimum expenditures or donations, the sheriff 2306 and the board of county commissioners or the chief of police and 2307 the governing body of the municipality may agree to expend or 2308 donate such funds over a period of years if the expenditure or 2309 donation of such minimum amount in any given fiscal year would 2310 exceed the needs of the county or municipality for such program 2311 or programs. The minimum requirement for expenditure or donation 2312 of forfeiture proceeds established in subparagraph 3.this2313subparagraphdoes not preclude expenditures or donations in 2314 excess of that amount. 2315 Reviser’s note.—Amended to correct an apparent error. The 2316 reference to “this subparagraph” was added to the flush 2317 left language at the end of paragraph (c) by s. 4, ch. 2318 2016-79, Laws of Florida; subparagraph (c)3. specifically 2319 contains a minimum requirement for expenditure or donation. 2320 Section 52. Paragraph (a) of subsection (14) of section 2321 1002.385, Florida Statutes, is amended to read: 2322 1002.385 The Gardiner Scholarship.— 2323 (14) OBLIGATIONS OF THE AUDITOR GENERAL.— 2324 (a) The Auditor General shall conduct an annual operational 2325 audit of accounts and records of each organization that 2326 participates in the program. As part of this audit, the Auditor 2327 General shall verify, at a minimum, the total numberamountof 2328 students served and the eligibility of reimbursements made by 2329 the organization and transmit that information to the 2330 department. The Auditor General shall provide the commissioner 2331 with a copy of each annual operational audit performed pursuant 2332 to this subsection within 10 days after the audit is finalized. 2333 Reviser’s note.—Amended to improve clarity. 2334 Section 53. Subsection (2) of section 1003.42, Florida 2335 Statutes, is amended to read: 2336 1003.42 Required instruction.— 2337 (2) Members of the instructional staff of the public 2338 schools, subject to the rules of the State Board of Education 2339 and the district school board, shall teach efficiently and 2340 faithfully, using the books and materials required that meet the 2341 highest standards for professionalism and historicalhistoric2342 accuracy, following the prescribed courses of study, and 2343 employing approved methods of instruction, the following: 2344 (a) The history and content of the Declaration of 2345 Independence, including national sovereignty, natural law, self 2346 evident truth, equality of all persons, limited government, 2347 popular sovereignty, and inalienable rights of life, liberty, 2348 and property, and how they form the philosophical foundation of 2349 our government. 2350 (b) The history, meaning, significance, and effect of the 2351 provisions of the Constitution of the United States and 2352 amendments thereto, with emphasis on each of the 10 amendments 2353 that make up the Bill of Rights and how the constitution 2354 provides the structure of our government. 2355 (c) The arguments in support of adopting our republican 2356 form of government, as they are embodied in the most important 2357 of the Federalist Papers. 2358 (d) Flag education, including proper flag display and flag 2359 salute. 2360 (e) The elements of civil government, including the primary 2361 functions of and interrelationships between the Federal 2362 Government, the state, and its counties, municipalities, school 2363 districts, and special districts. 2364 (f) The history of the United States, including the period 2365 of discovery, early colonies, the War for Independence, the 2366 Civil War, the expansion of the United States to its present 2367 boundaries, the world wars, and the civil rights movement to the 2368 present. American history shall be viewed as factual, not as 2369 constructed, shall be viewed as knowable, teachable, and 2370 testable, and shall be defined as the creation of a new nation 2371 based largely on the universal principles stated in the 2372 Declaration of Independence. 2373 (g) The history of the Holocaust (1933-1945), the 2374 systematic, planned annihilation of European Jews and other 2375 groups by Nazi Germany, a watershed event in the history of 2376 humanity, to be taught in a manner that leads to an 2377 investigation of human behavior, an understanding of the 2378 ramifications of prejudice, racism, and stereotyping, and an 2379 examination of what it means to be a responsible and respectful 2380 person, for the purposes of encouraging tolerance of diversity 2381 in a pluralistic society and for nurturing and protecting 2382 democratic values and institutions. 2383 (h) The history of African Americans, including the history 2384 of African peoples before the political conflicts that led to 2385 the development of slavery, the passage to America, the 2386 enslavement experience, abolition, and the contributions of 2387 African Americans to society. Instructional materials shall 2388 include the contributions of African Americans to American 2389 society. 2390 (i) The elementary principles of agriculture. 2391 (j) The true effects of all alcoholic and intoxicating 2392 liquors and beverages and narcotics upon the human body and 2393 mind. 2394 (k) Kindness to animals. 2395 (l) The history of the state. 2396 (m) The conservation of natural resources. 2397 (n) Comprehensive health education that addresses concepts 2398 of community health; consumer health; environmental health; 2399 family life, including an awareness of the benefits of sexual 2400 abstinence as the expected standard and the consequences of 2401 teenage pregnancy; mental and emotional health; injury 2402 prevention and safety; Internet safety; nutrition; personal 2403 health; prevention and control of disease; and substance use and 2404 abuse. The health education curriculum for students in grades 7 2405 through 12 shall include a teen dating violence and abuse 2406 component that includes, but is not limited to, the definition 2407 of dating violence and abuse, the warning signs of dating 2408 violence and abusive behavior, the characteristics of healthy 2409 relationships, measures to prevent and stop dating violence and 2410 abuse, and community resources available to victims of dating 2411 violence and abuse. 2412 (o) Such additional materials, subjects, courses, or fields 2413 in such grades as are prescribed by law or by rules of the State 2414 Board of Education and the district school board in fulfilling 2415 the requirements of law. 2416 (p) The study of Hispanic contributions to the United 2417 States. 2418 (q) The study of women’s contributions to the United 2419 States. 2420 (r) The nature and importance of free enterprise to the 2421 United States economy. 2422 (s) A character-development program in the elementary 2423 schools, similar to Character First or Character Counts, which 2424 is secular in nature. Beginning in school year 2004-2005, the 2425 character-development program shall be required in kindergarten 2426 through grade 12. Each district school board shall develop or 2427 adopt a curriculum for the character-development program that 2428 shall be submitted to the department for approval. The 2429 character-development curriculum shall stress the qualities of 2430 patriotism; responsibility; citizenship; kindness; respect for 2431 authority, life, liberty, and personal property; honesty; 2432 charity; self-control; racial, ethnic, and religious tolerance; 2433 and cooperation. The character-development curriculum for grades 2434 9 through 12 shall, at a minimum, include instruction on 2435 developing leadership skills, interpersonal skills, organization 2436 skills, and research skills; creating a resume; developing and 2437 practicing the skills necessary for employment interviews; 2438 conflict resolution, workplace ethics, and workplace law; 2439 managing stress and expectations; and developing skills that 2440 enable students to become more resilient and self-motivated. 2441 (t) In order to encourage patriotism, the sacrifices that 2442 veterans have made in serving our country and protecting 2443 democratic values worldwide. Such instruction must occur on or 2444 before Veterans’ Day and Memorial Day. Members of the 2445 instructional staff are encouraged to use the assistance of 2446 local veterans when practicable. 2447 2448 The State Board of Education is encouraged to adopt standards 2449 and pursue assessment of the requirements of this subsection. 2450 Reviser’s note.—Amended to improve clarity. 2451 Section 54. Paragraph (a) of subsection (2) of section 2452 1006.195, Florida Statutes, is amended to read: 2453 1006.195 District school board, charter school authority 2454 and responsibility to establish student eligibility regarding 2455 participation in interscholastic and intrascholastic 2456 extracurricular activities.—Notwithstanding any provision to the 2457 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student 2458 eligibility to participate in interscholastic and 2459 intrascholastic extracurricular activities: 2460 (2)(a) The Florida High School Athletic Association (FHSAA) 2461 continues to retain jurisdiction over the following provisions 2462 in s. 1006.20, which may not be implemented in a manner contrary 2463 to this section: membership in the FHSAA; recruiting 2464 prohibitions and violations; student medical evaluations; 2465 investigations;andsanctions for coaches; school eligibility 2466 and forfeiture of contests; student concussions or head 2467 injuries; the sports medical advisory committee; and the general 2468 operational provisions of the FHSAA. 2469 Reviser’s note.—Amended to improve clarity. 2470 Section 55. Paragraph (d) of subsection (7) of section 2471 1012.796, Florida Statutes, is amended to read: 2472 1012.796 Complaints against teachers and administrators; 2473 procedure; penalties.— 2474 (7) A panel of the commission shall enter a final order 2475 either dismissing the complaint or imposing one or more of the 2476 following penalties: 2477 (d) Placement of the teacher, administrator, or supervisor 2478 on probation for a period of time and subject to such conditions 2479 as the commission may specify, including requiring the certified 2480 teacher, administrator, or supervisor to complete additional 2481 appropriate college courses or work with another certified 2482 educator, with the administrative costs of monitoring the 2483 probation assessed to the educator placed on probation. An 2484 educator who has been placed on probation shall, at a minimum: 2485 1. Immediately notify the investigative office in the 2486 Department of Education upon employment or termination of 2487 employment in the state in any public or private position 2488 requiring a Florida educator’s certificate. 2489 2. Have his or her immediate supervisor submit annual 2490 performance reports to the investigative office in the 2491 Department of Education. 2492 3. Pay to the commission within the first 6 months of each 2493 probation year the administrative costs of monitoring probation 2494 assessed to the educator. 2495 4. Violate no law andshallfully comply with all district 2496 school board policies, school rules, and State Board of 2497 Education rules. 2498 5. Satisfactorily perform his or her assigned duties in a 2499 competent, professional manner. 2500 6. Bear all costs of complying with the terms of a final 2501 order entered by the commission. 2502 2503 The penalties imposed under this subsection are in addition to, 2504 and not in lieu of, the penalties required for a third 2505 recruiting offense pursuant to s. 1006.20(2)(b). 2506 Reviser’s note.—Amended to improve clarity. 2507 Section 56. Subsection (4) of section 1013.40, Florida 2508 Statutes, is amended to read: 2509 1013.40 Planning and construction of Florida College System 2510 institution facilities; property acquisition.— 2511 (4) The campus of a Florida College System institution 2512 within a municipality designated as an area of critical state 2513 concern, as defined in s. 380.05, and having a comprehensive 2514 plan and land development regulations containing a building 2515 permit allocation system that limits annual growth, may 2516 construct dormitories for up to 300 beds for Florida College 2517 System institution students. Such dormitories are exempt from 2518 the building permit allocation system and may be constructed up 2519 to 45 feet in height if the dormitories are otherwise consistent 2520 with the comprehensive plan, the Florida College System 2521 institution has a hurricane evacuation plan that requires all 2522 dormitory occupants to be evacuated 48 hours in advance of 2523 tropical force winds, and transportation is provided for 2524 dormitory occupants during an evacuation. State funds and 2525 tuition and fee revenues may not be used for construction, debt 2526 service payments, maintenance, or operation of such dormitories. 2527 Additional dormitory beds constructed after July 1, 2016, may 2528 not be financed through the issuance of bondsa bond. 2529 Reviser’s note.—Amended to improve clarity. 2530 Section 57. Except as otherwise provided by this act, this 2531 act shall take effect on the 60th day after adjournment sine die 2532 of the session of the Legislature in which enacted.