Bill Text: FL S0702 | 2015 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-03-19 - Chapter No. 2015-2 [S0702 Detail]
Download: Florida-2015-S0702-Enrolled.html
ENROLLED 2015 Legislature SB 702 2015702er 1 2 An act relating to the Florida Statutes; amending ss. 3 11.45, 11.9336, 20.255, 27.366, 28.22205, 39.307, 4 39.524, 40.32, 61.13016, 112.31455, 163.32466, 5 189.074, 200.065, 212.0606, 285.18, 287.0595, 6 288.9934, 288.9936, 298.01, 316.545, 322.058, 327.391, 7 337.403, 339.041, 339.135, 339.2818, 348.753, 8 348.7546, 365.172, 373.223, 376.3072, 377.6015, 9 379.2495, 380.06, 381.78, 394.494, 394.495, 394.913, 10 397.333, 397.754, 397.92, 400.022, 403.067, 408.036, 11 408.061, 409.1678, 409.906, 409.966, 409.986, 409.987, 12 456.039, 456.074, 479.03, 479.16, 480.041, 480.043, 13 482.161, 487.2031, 499.84, 499.91, 499.92, 514.0115, 14 538.03, 570.07, 570.482, 597.020, 605.0712, 605.0805, 15 624.523, 625.1212, 626.0428, 627.062, 627.745, 16 627.797, 662.121, 662.122, 662.1225, 662.130, 662.141, 17 662.146, 662.147, 680.528, 721.13, 775.0862, 775.21, 18 775.25, 784.078, 787.02, 787.06, 921.1402, 940.031, 19 943.0435, 944.275, 960.03, 960.065, 961.06, 985.0301, 20 985.265, 1002.395, 1003.4203, 1003.4282, 1003.493, 21 1003.4935, 1003.51, 1003.5716, 1005.33, 1007.271, 22 1008.22, 1008.25, 1008.34, 1008.44, 1011.80, 1011.81, 23 1011.905, 1013.738, F.S.; reenacting and amending s. 24 409.1451, F.S.; reenacting ss. 288.001, 430.502, 25 509.032, 539.001, and 718.116, F.S.; deleting 26 provisions that have expired, have become obsolete, 27 have had their effect, have served their purpose, or 28 have been impliedly repealed or superseded; replacing 29 incorrect cross-references and citations; correcting 30 grammatical, typographical, and like errors; removing 31 inconsistencies, redundancies, and unnecessary 32 repetition in the statutes; improving the clarity of 33 the statutes and facilitating their correct 34 interpretation; and confirming the restoration of 35 provisions unintentionally omitted from republication 36 in the acts of the Legislature during the amendatory 37 process; providing effective dates. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41 Section 1. Paragraph (p) of subsection (3) of section 42 11.45, Florida Statutes, is amended to read: 43 11.45 Definitions; duties; authorities; reports; rules.— 44 (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor 45 General may, pursuant to his or her own authority, or at the 46 direction of the Legislative Auditing Committee, conduct audits 47 or other engagements as determined appropriate by the Auditor 48 General of: 49(p) The Florida Special Disability Trust Fund Financing50Corporation created pursuant to s. 440.49.51 Reviser’s note.—Amended to conform to the repeal of s. 52 440.49(14), which created the Florida Special Disability 53 Trust Fund Financing Corporation, by s. 30, ch. 2001-89, 54 Laws of Florida. 55 Section 2. Section 11.9336, Florida Statutes, is amended 56 to read: 57 11.9336 Oath.—Each delegate and alternate delegate shall, 58 before exercising any function of the position, execute an oath 59 in the state and in writing that the delegate or alternate 60alternativedelegate will: 61 (1) Support the Constitution of the United States and the 62 State Constitution. 63 (2) Faithfully abide by and execute any instructions to 64 delegates and alternate delegates adopted by the Legislature. 65 (3) Otherwise faithfully discharge the duties of a delegate 66 or alternate delegate. 67 Reviser’s note.—Amended to confirm the editorial substitution of 68 the word “alternate” for the word “alternative” to conform 69 to context. 70 Section 3. Subsection (1) of section 20.255, Florida 71 Statutes, is amended to read: 72 20.255 Department of Environmental Protection.—There is 73 created a Department of Environmental Protection. 74 (1) The head of the Department of Environmental Protection 75 shall be a secretary, who shall be appointed by the Governor, 76 with the concurrence of threeor moremembers of the Cabinet. 77 The secretary shall be confirmed by the Florida Senate. The 78 secretary shall serve at the pleasure of the Governor. 79 Reviser’s note.—Amended to conform to the current text of s. 4, 80 Art. IV of the Florida Constitution, which provides that 81 the cabinet is composed of an attorney general, a chief 82 financial officer, and a commissioner of agriculture. 83 Section 4. Section 27.366, Florida Statutes, is amended to 84 read: 85 27.366 Legislative intent and policy in cases meeting 86 criteria of s. 775.087(2) and (3).—It is the intent of the 87 Legislature that convicted criminal offenders who meet the 88 criteria in s. 775.087(2) and (3) be sentenced to the minimum 89 mandatory prison terms provided thereinherein. It is the intent 90 of the Legislature to establish zero tolerance of criminals who 91 use, threaten to use, or avail themselves of firearms in order 92 to commit crimes and thereby demonstrate their lack of value for 93 human life. It is also the intent of the Legislature that 94 prosecutors should appropriately exercise their discretion in 95 those cases in which the offenders’ possession of the firearm is 96 incidental to the commission of a crime and not used in 97 furtherance of the crime, used in order to commit the crime, or 98 used in preparation to commit the crime. For every case in which 99 the offender meets the criteria in this act and does not receive 100 the mandatory minimum prison sentence, the state attorney must 101 explain the sentencing deviation in writing and place such 102 explanation in the case file maintained by the state attorney. 103 Reviser’s note.—Amended to conform to context and improve 104 clarity. 105 Section 5. Section 28.22205, Florida Statutes, is amended 106 to read: 107 28.22205 Electronic filing process.—Each clerk of court 108 shall implement an electronic filing process. The purpose of the 109 electronic filing process is to reduce judicial costs in the 110 office of the clerk and the judiciary, increase timeliness in 111 the processing of cases, and provide the judiciary with case 112 related information to allow for improved judicial case 113 management. The Legislature requests that, no later than July 1, 114 2009, the Supreme Court set statewide standards for electronic 115 filing to be used by the clerks of court to implement electronic 116 filing. The standards should specify the required information 117 for the duties of the clerks of court and the judiciary for case 118 management.The clerks of court shall begin implementation no119later than October 1, 2009.Revenues provided to counties and 120 the clerk of court under s. 28.24(12)(e) for information 121 technology may also be used to implement electronic filing 122 processes. 123 Reviser’s note.—Amended to delete an obsolete provision. 124 Section 6. Paragraph (c) of subsection (1) of section 125 39.307, Florida Statutes, is amended to read: 126 39.307 Reports of child-on-child sexual abuse.— 127 (1) Upon receiving a report alleging juvenile sexual abuse 128 or inappropriate sexual behavior as defined in s. 39.01, the 129 department shall assist the family, child, and caregiver in 130 receiving appropriate services to address the allegations of the 131 report. 132 (c) The department shall monitor the occurrence of child 133 sexual abuse and the provision of services to children involved 134 in child sexual abuse or juvenile sexual abuse, or who have 135 displayed inappropriate sexual behavior. 136 Reviser’s note.—Amended to confirm the editorial insertion of 137 the word “or” to improve clarity. 138 Section 7. Subsection (1) of section 39.524, Florida 139 Statutes, is amended to read: 140 39.524 Safe-harbor placement.— 141 (1) Except as provided in s. 39.407 or s. 985.801, a 142 dependent child 6 years of age or older who has been found to be 143 a victim of sexual exploitation as defined in s. 39.01(69)(g) 14439.01(68)(g)must be assessed for placement in a safe house or 145 safe foster home as provided in s. 409.1678 using the initial 146 screening and assessment instruments provided in s. 409.1754(1). 147 If such placement is determined to be appropriate for the child 148 as a result of this assessment, the child may be placed in a 149 safe house or safe foster home, if one is available. However, 150 the child may be placed in another setting, if the other setting 151 is more appropriate to the child’s needs or if a safe house or 152 safe foster home is unavailable, as long as the child’s 153 behaviors are managed so as not to endanger other children 154 served in that setting. 155 Reviser’s note.—Amended to confirm the editorial substitution of 156 a reference to s. 39.01(69)(g) for a reference to s. 157 39.01(68)(g). Sexual exploitation of a child is defined in 158 s. 39.01(69)(g). “Secretary” is defined in s. 39.01(68), 159 which has no paragraphs. 160 Section 8. Subsection (2) of section 40.32, Florida 161 Statutes, is amended to read: 162 40.32 Clerks to disburse money; payments to jurors and 163 witnesses.— 164 (2) The payment of jurors and the payment of expenses for 165 meals and lodging for jurors under the provisions of this 166 chapter are court-related functions that the clerk of the court 167 shall fund from filing fees, service charges, court costs, and 168 finesas part of the maximum annual budget under ss. 28.35 and16928.36. 170 Reviser’s note.—Amended to conform to the deletion of a 171 reference to “maximum annual budgets under ss. 28.35 and 172 28.36.” The references to “maximum annual budget” were 173 deleted from these sections by ss. 3, 4, ch. 2009-204, Laws 174 of Florida. 175 Section 9. Paragraph (c) of subsection (1) of section 176 61.13016, Florida Statutes, is amended to read: 177 61.13016 Suspension of driver licenses and motor vehicle 178 registrations.— 179 (1) The driver license and motor vehicle registration of a 180 support obligor who is delinquent in payment or who has failed 181 to comply with subpoenas or a similar order to appear or show 182 cause relating to paternity or support proceedings may be 183 suspended. When an obligor is 15 days delinquent making a 184 payment in support or failure to comply with a subpoena, order 185 to appear, order to show cause, or similar order in IV-D cases, 186 the Title IV-D agency may provide notice to the obligor of the 187 delinquency or failure to comply with a subpoena, order to 188 appear, order to show cause, or similar order and the intent to 189 suspend by regular United States mail that is posted to the 190 obligor’s last address of record with the Department of Highway 191 Safety and Motor Vehicles. When an obligor is 15 days delinquent 192 in making a payment in support in non-IV-D cases, and upon the 193 request of the obligee, the depository or the clerk of the court 194 must provide notice to the obligor of the delinquency and the 195 intent to suspend by regular United States mail that is posted 196 to the obligor’s last address of record with the Department of 197 Highway Safety and Motor Vehicles. In either case, the notice 198 must state: 199 (c) That notification will be given to the Department of 200 Highway Safety and Motor Vehicles to suspend the obligor’s 201 driver license and motor vehicle registration unless, within 20 202 days after the date that the notice is mailed, the obligor: 203 1.a. Pays the delinquency in full and any other costs and 204 fees accrued between the date of the notice and the date the 205 delinquency is paid; 206 b. Enters into a written agreement for payment with the 207 obligee in non-IV-D cases or with the Title IV-D agency in IV-D 208 cases; or in IV-D cases, complies with a subpoena or order to 209 appear, order to show cause, or a similar order; 210 c. Files a petition with the circuit court to contest the 211 delinquency action; 212 d. Demonstrates that he or she receives reemployment 213 assistance or unemployment compensation pursuant to chapter 443; 214 e. Demonstrates that he or she is disabled and incapable of 215 self-support or that he or she receives benefits under the 216 federal Supplemental Security Income program or Social Security 217 Disability Insurance programprograms; 218 f. Demonstrates that he or she receives temporary cash 219 assistance pursuant to chapter 414; or 220 g. Demonstrates that he or she is making payments in 221 accordance with a confirmed bankruptcy plan under chapter 11, 222 chapter 12, or chapter 13 of the United States Bankruptcy Code, 223 11 U.S.C. ss. 101 et seq.; and 224 2. Pays any applicable delinquency fees. 225 226 If an obligor in a non-IV-D case enters into a written agreement 227 for payment before the expiration of the 20-day period, the 228 obligor must provide a copy of the signed written agreement to 229 the depository or the clerk of the court. If an obligor seeks to 230 satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub 231 subparagraph 1.f., or sub-subparagraph 1.g. before expiration of 232 the 20-day period, the obligor must provide the applicable 233 documentation or proof to the depository or the clerk of the 234 court. 235 Reviser’s note.—Amended to improve clarity and to facilitate 236 correct interpretation. 237 Section 10. Subsections (1) and (2) of section 112.31455, 238 Florida Statutes, are amended to read: 239 112.31455 Collection methods for unpaid automatic fines for 240 failure to timely file disclosure of financial interests.— 241 (1) Before referring any unpaid fine accrued pursuant to s. 242 112.3144(5) or s. 112.3145(7)112.3145(6)to the Department of 243 Financial Services, the commission shall attempt to determine 244 whether the individual owing such a fine is a current public 245 officer or current public employee. If so, the commission may 246 notify the Chief Financial Officer or the governing body of the 247 appropriate county, municipality, or special district of the 248 total amount of any fine owed to the commission by such 249 individual. 250 (a) After receipt and verification of the notice from the 251 commission, the Chief Financial Officer or the governing body of 252 the county, municipality, or special district shall begin 253 withholding the lesser of 10 percent or the maximum amount 254 allowed under federal law from any salary-related payment. The 255 withheld payments shall be remitted to the commission until the 256 fine is satisfied. 257 (b) The Chief Financial Officer or the governing body of 258 the county, municipality, or special district may retain an 259 amount of each withheld payment, as provided in s. 77.0305, to 260 cover the administrative costs incurred under this section. 261 (2) If the commission determines that the individual who is 262 the subject of an unpaid fine accrued pursuant to s. 112.3144(5) 263 or s. 112.3145(7)112.3145(6)is no longer a public officer or 264 public employee or if the commission is unable to determine 265 whether the individual is a current public officer or public 266 employee, the commission may, 6 months after the order becomes 267 final, seek garnishment of any wages to satisfy the amount of 268 the fine, or any unpaid portion thereof, pursuant to chapter 77. 269 Upon recording the order imposing the fine with the clerk of the 270 circuit court, the order shall be deemed a judgment for purposes 271 of garnishment pursuant to chapter 77. 272 Reviser’s note.—Amended to conform to the redesignation of s. 273 112.3145(6) as s. 112.3145(7) by s. 4, ch. 2014-183, Laws 274 of Florida. 275 Section 11. Section 163.32466, Florida Statutes, is 276 amended to read: 277 163.32466 Readoption by ordinance of plan amendments 278 adopted pursuant to former s. 163.32465, subject to local 279 referendum.—A comprehensive plan amendment adopted pursuant to 280 former s. 163.32465 subject to voter referendum by local 281 charter, and found in compliance before June 2, 2011, may be 282 readopted by ordinance, shall become effective upon approval by 283 the local government, and is not subject to review or challenge 284 pursuant to the provisions of former s. 163.32465 or s. 285 163.3184. 286 Reviser’s note.—Amended to conform to the repeal of s. 163.32465 287 by s. 30, ch. 2011-139, Laws of Florida. 288 Section 12. Subsection (13) of section 189.074, Florida 289 Statutes, is amended to read: 290 189.074 Voluntary merger of independent special districts. 291 Two or more contiguous independent special districts created by 292 special act which have similar functions and elected governing 293 bodies may elect to merge into a single independent district 294 through the act of merging the component independent special 295 districts. 296 (13) DETERMINATION OF RIGHTS.—If any right, title, 297 interest, or claim arises out of a merger or by reason thereof 298 which is not determinable by reference to this section 299subsection, the joint merger plan or elector-initiated merger 300 plan, as appropriate, or otherwise under the laws of this state, 301 the governing body of the merged independent district may 302 provide therefor in a manner conforming to law. 303 Reviser’s note.—Amended to substitute the word “section” for the 304 word “subsection”; the “subsection” reference predated the 305 transfer of s. 189.4042(5) to s. 189.074 by s. 21, ch. 306 2014-22, Laws of Florida. 307 Section 13. Paragraph (b) of subsection (5) and paragraphs 308 (d) and (e) of subsection (13) of section 200.065, Florida 309 Statutes, are amended to read: 310 200.065 Method of fixing millage.— 311 (5) In each fiscal year: 312 (b) The millage rate of a county or municipality, municipal 313 service taxing unit of that county, and any special district 314 dependent to that county or municipality may exceed the maximum 315 millage rate calculated pursuant to this subsection if the total 316 county ad valorem taxes levied or total municipal ad valorem 317 taxes levied do not exceed the maximum total county ad valorem 318 taxes levied or maximum total municipal ad valorem taxes levied 319 respectively. Voted millage and taxes levied by a municipality 320 or independent special district that has levied ad valorem taxes 321 for less than 5 years are not subject to this limitation. The 322 millage rate of a county authorized to levy a county public 323 hospital surtax under s. 212.055 may exceed the maximum millage 324 rate calculated pursuant to this subsection to the extent 325 necessary to account for the revenues required to be contributed 326 to the county public hospital. Total taxes levied may exceed the 327 maximum calculated pursuant to subsection (6) as a result of an 328 increase in taxable value above that certified in subsection (1) 329 if such increase is less than the percentage amounts contained 330 in subsection (6) or if the administrative adjustment cannot be 331 made because the value adjustment board is still in session at 332 the time the tax roll is extended; otherwise, millage rates 333 subject to this subsection or,s. 200.185, or s. 200.186may be 334 reduced so that total taxes levied do not exceed the maximum. 335 336 Any unit of government operating under a home rule charter 337 adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State 338 Constitution of 1885, as preserved by s. 6(e), Art. VIII of the 339 State Constitution of 1968, which is granted the authority in 340 the State Constitution to exercise all the powers conferred now 341 or hereafter by general law upon municipalities and which 342 exercises such powers in the unincorporated area shall be 343 recognized as a municipality under this subsection. For a 344 downtown development authority established before the effective 345 date of the 1968 State Constitution which has a millage that 346 must be approved by a municipality, the governing body of that 347 municipality shall be considered the governing body of the 348 downtown development authority for purposes of this subsection. 349 (13) 350 (d) If any county or municipality, dependent special 351 district of such county or municipality, or municipal service 352 taxing unit of such county is in violation of subsection (5) or 353,s. 200.185, or s. 200.186because total county or municipal ad 354 valorem taxes exceeded the maximum total county or municipal ad 355 valorem taxes, respectively, that county or municipality shall 356 forfeit the distribution of local government half-cent sales tax 357 revenues during the 12 months following a determination of 358 noncompliance by the Department of Revenue as described in s. 359 218.63(3) and this subsection. If the executive director of the 360 Department of Revenue determines that any county or 361 municipality, dependent special district of such county or 362 municipality, or municipal service taxing unit of such county is 363 in violation of subsection (5) or,s. 200.185, or s. 200.186, 364 the Department of Revenue and the county or municipality, 365 dependent special district of such county or municipality, or 366 municipal service taxing unit of such county shall follow the 367 procedures set forth in this paragraph or paragraph (e). During 368 the pendency of any procedure under paragraph (e) or any 369 administrative or judicial action to challenge any action taken 370 under this subsection, the tax collector shall hold in escrow 371 any revenues collected by the noncomplying county or 372 municipality, dependent special district of such county or 373 municipality, or municipal service taxing unit of such county in 374 excess of the amount allowed by subsection (5) or,s. 200.185,375ors. 200.186, as determined by the executive director. Such 376 revenues shall be held in escrow until the process required by 377 paragraph (e) is completed and approved by the department. The 378 department shall direct the tax collector to so hold such funds. 379 If the county or municipality, dependent special district of 380 such county or municipality, or municipal service taxing unit of 381 such county remedies the noncompliance, any moneys collected in 382 excess of the new levy or in excess of the amount allowed by 383 subsection (5) or,s. 200.185, or s. 200.186shall be held in 384 reserve until the subsequent fiscal year and shall then be used 385 to reduce ad valorem taxes otherwise necessary. If the county or 386 municipality, dependent special district of such county or 387 municipality, or municipal service taxing unit of such county 388 does not remedy the noncompliance, the provisions of s. 218.63 389 shall apply. 390 (e) The following procedures shall be followed when the 391 executive director notifies any county or municipality, 392 dependent special district of such county or municipality, or 393 municipal service taxing unit of such county that he or she has 394 determined that such taxing authority is in violation of 395 subsection (5) or,s. 200.185, or s. 200.186: 396 1. Within 30 days after the deadline for certification of 397 compliance required by s. 200.068, the executive director shall 398 notify any such county or municipality, dependent special 399 district of such county or municipality, or municipal service 400 taxing unit of such county of his or her determination regarding 401 subsection (5) or,s. 200.185, or s. 200.186and that such 402 taxing authority is subject to subparagraph 2. 403 2. Any taxing authority so noticed by the executive 404 director shall repeat the hearing and notice process required by 405 paragraph (2)(d), except that: 406 a. The advertisement shall appear within 15 days after 407 notice from the executive director. 408 b. The advertisement, in addition to meeting the 409 requirements of subsection (3), must contain the following 410 statement in boldfaced type immediately after the heading: 411 THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing 412 authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE 413 TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE. 414 c. The millage newly adopted at such hearing shall not be 415 forwarded to the tax collector or property appraiser and may not 416 exceed the rate previously adopted or the amount allowed by 417 subsection (5) or,s. 200.185, or s. 200.186. Each taxing 418 authority provided notice pursuant to this paragraph shall 419 recertify compliance with this chapter as provided in this 420 section within 15 days after the adoption of a millage at such 421 hearing. 422 d. The determination of the executive director shall be 423 superseded if the executive director determines that the county 424 or municipality, dependent special district of such county or 425 municipality, or municipal service taxing unit of such county 426 has remedied the noncompliance. Such noncompliance shall be 427 determined to be remedied if any such taxing authority provided 428 notice by the executive director pursuant to this paragraph 429 adopts a new millage that does not exceed the maximum millage 430 allowed for such taxing authority under paragraph (5)(a)or,s. 431 200.185(1)-(5), or s. 200.186(1), or if any such county or 432 municipality, dependent special district of such county or 433 municipality, or municipal service taxing unit of such county 434 adopts a lower millage sufficient to reduce the total taxes 435 levied such that total taxes levied do not exceed the maximum as 436 provided in paragraph (5)(b) or,s. 200.185(8), or s.437200.186(3). 438 e. If any such county or municipality, dependent special 439 district of such county or municipality, or municipal service 440 taxing unit of such county has not remedied the noncompliance or 441 recertified compliance with this chapter as provided in this 442 paragraph, and the executive director determines that the 443 noncompliance has not been remedied or compliance has not been 444 recertified, the county or municipality shall forfeit the 445 distribution of local government half-cent sales tax revenues 446 during the 12 months following a determination of noncompliance 447 by the Department of Revenue as described in s. 218.63(2) and 448 (3) and this subsection. 449 f. The determination of the executive director is not 450 subject to chapter 120. 451 Reviser’s note.—Amended to delete references to s. 200.186, 452 which was created by s. 28, ch. 2007-321, Laws of Florida, 453 in 2007 Special Session B and appeared with a contingency 454 note. The contingency did not occur; the joint resolution 455 for a constitutional amendment passed, but the ballot 456 language was ruled unconstitutional. The referenced s. 457 200.186 did not become effective. 458 Section 14. Subsection (1) of section 212.0606, Florida 459 Statutes, is amended to read: 460 212.0606 Rental car surcharge.— 461 (1) Except as provided in subsection (2), a surcharge of $2 462 per day or any part of a day is imposed upon the lease or rental 463 of a motor vehicle licensed for hire and designed to carry fewer 464lessthan nine passengers regardless of whether the motor 465 vehicle is licensed in this state. The surcharge applies to only 466 the first 30 days of the term of a lease or rental. The 467 surcharge is subject to all applicable taxes imposed by this 468 chapter. 469 Reviser’s note.—Amended to facilitate correct understanding and 470 improve clarity. 471 Section 15. Paragraph (d) of subsection (3) of section 472 285.18, Florida Statutes, is amended to read: 473 285.18 Tribal council as governing body; powers and 474 duties.— 475 (3) The law enforcement agencies of the Seminole Tribe of 476 Florida and the Miccosukee Tribe of Indians of Florida shall 477 have the authority of “criminal justice agencies” as defined in 478 s. 943.045(11)(e) and shall have the specific authority to 479 negotiate agreements with the Department of Law Enforcement, the 480 United States Department of Justice, and other federal law 481 enforcement agencies for access to criminal history records for 482 the purpose of conducting ongoing criminal investigations and 483 for the following governmental purposes: 484 (d) Background investigations with respect to all 485 employees, primary management officials, and all persons having 486 a financial interest in a class II Indian tribal gaming 487 enterprise to ensure eligibility as provided in the Indian 488 Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seqal. 489 490 With regard to those investigations authorized in paragraphs 491 (a), (c), and (d), each such individual shall file a complete 492 set of his or her fingerprints that have been taken by an 493 authorized law enforcement officer, which set of fingerprints 494 shall be submitted to the Department of Law Enforcement for 495 state processing and to the Federal Bureau of Investigation for 496 federal processing. The cost of processing shall be borne by the 497 applicant. 498 Reviser’s note.—Amended to improve clarity and facilitate 499 correct understanding. 500 Section 16. Paragraph (a) of subsection (1) of section 501 287.0595, Florida Statutes, is amended to read: 502 287.0595 Pollution response action contracts; department 503 rules.— 504 (1) The Department of Environmental Protection shall 505 establish, by adopting administrative rules as provided in 506 chapter 120: 507 (a) Procedures for determining the qualifications of 508 responsible potential vendors prior to advertisement for and 509 receipt of bids, proposals, or replies for pollution response 510 action contracts, including procedures for the rejection of 511 unqualified vendors. Response actions are those activities 512 described in s. 376.301(37)376.301(39). 513 Reviser’s note.—Amended to conform to the redesignation of s. 514 376.301(39) as s. 376.301(37) by the editors to conform to 515 the repeal of s. 376.301(4) and (30) by s. 5, ch. 2014-151, 516 Laws of Florida. 517 Section 17. Subsection (2) of section 288.001, Florida 518 Statutes, is reenacted to read: 519 288.001 The Florida Small Business Development Center 520 Network.— 521 (2) DEFINITIONS.—As used in this section, the term: 522 (a) “Board of Governors” means the Board of Governors of 523 the State University System. 524 (b) “Host institution” means the university designated by 525 the Board of Governors to be the recipient organization in 526 accordance with 13 C.F.R. s. 130.200. 527 (c) “Network” means the Florida Small Business Development 528 Center Network. 529 Reviser’s note.—Section 43, ch. 2014-17, Laws of Florida, 530 purported to amend subsection (2) but did not publish 531 paragraph (c). Absent affirmative evidence of legislative 532 intent to repeal it, subsection (2) is reenacted to confirm 533 that the omission was not intended. 534 Section 18. Paragraph (a) of subsection (7) of section 535 288.9934, Florida Statutes, is amended to read: 536 288.9934 Microfinance Loan Program.— 537 (7) CONTRACT TERMINATION.— 538 (a) The loan administrator’s contract with the department 539 may be terminated by the department, and the loan administrator 540 required to immediately return all state funds awarded, 541 including any interest, fees, and costs it would otherwise be 542 entitled to retain pursuant to subsection (5) for that fiscal 543 year, upon a finding by the department that: 544 1. The loan administrator has, within the previous 5 years, 545 participated in a state-funded economic development program in 546 this or any other state and was found to have failed to comply 547 with the requirements of that program; 548 2. The loan administrator is currently in material 549 noncompliance with any statute, rule, or program administered by 550 the department; 551 3. The loan administrator or any member of its board of 552 directors, officers, partners, managers, or shareholders has 553 pled no contest to or been found guilty, regardless of whether 554 adjudication was withheld, of any felony or any misdemeanor 555 involving fraud, misrepresentation, or dishonesty; 556 4. The loan administrator failed to meet or agree to the 557 terms of the contract with the department or failed to meet this 558 part; or 559 5. The department finds that the loan administrator 560 provided fraudulent or misleading information to the department. 561 Reviser’s note.—Amended to confirm the editorial insertion of 562 the word “to” to improve clarity. 563 Section 19. Subsection (2) of section 288.9936, Florida 564 Statutes, is amended to read: 565 288.9936 Annual report of the Microfinance Loan Program.— 566 (2) The department shall submit the report provided to the 567 department from Enterprise Florida, Inc., pursuant to s. 568 288.9935(8)288.9935(7)for inclusion in the department’s annual 569 report required under s. 20.60(10). 570 Reviser’s note.—Amended to correct an apparent error and 571 facilitate correct interpretation. The referenced report is 572 in s. 288.9935(8). 573 Section 20. Section 298.01, Florida Statutes, is amended to 574 read: 575 298.01 Formation of water control district.—It is the 576 legislative intent that those water control districts 577 established prior to July 1, 1980, pursuant to the process 578 formerly contained in this sectionss. 298.01,and former ss. 579 298.02, and 298.03, may continue to operate as outlined in this 580 chapter. However, on and after that date, no water control 581 district may be created except pursuant to s. 125.01 or a 582 special act of the Legislature. Upon formation of a water 583 control district by a special act of the Legislature, the 584 circuit court of the county in which a majority of the land 585 within the district is located shall thereafter maintain and 586 have original and exclusive jurisdiction, coextensive with the 587 boundaries and limits of the water control district without 588 regard to county lines, for all purposes of this chapter. 589 Reviser’s note.—Amended to conform to Florida Statutes cite 590 style and to the repeal of ss. 298.02 and 298.03 by s. 7, 591 ch. 80-281, Laws of Florida. 592 Section 21. Paragraph (d) of subsection (3) of section 593 316.545, Florida Statutes, is amended to read: 594 316.545 Weight and load unlawful; special fuel and motor 595 fuel tax enforcement; inspection; penalty; review.— 596 (3) 597 (d) A vehicle operating on the highways of this state from 598 a nonmember International Registration Plan jurisdiction 599nonmember International Registration Planjurisdictionswhich is 600 not in compliance with s. 316.605 is subject to the penalties 601 provided in this section. 602 Reviser’s note.—Amended to confirm the editorial substitution of 603 the words “a nonmember International Registration Plan 604 jurisdiction” for the words “nonmember International 605 Registration Plan jurisdictions” to improve clarity. 606 Section 22. Paragraph (f) of subsection (2) of section 607 322.058, Florida Statutes, is amended to read: 608 322.058 Suspension of driving privilege due to support 609 delinquency; reinstatement.— 610 (2) The department must reinstate the driving privilege and 611 allow registration of a motor vehicle when the Title IV-D agency 612 in IV-D cases or the depository or the clerk of the court in 613 non-IV-D cases provides to the department an affidavit stating 614 that: 615 (f) The person is disabled and incapable of self-support or 616 receives benefits under the federal Supplemental Security Income 617 program or Social Security Disability Insurance program 618programs; 619 Reviser’s note.—Amended to improve clarity and to facilitate 620 correct interpretation. 621 Section 23. Subsection (1) of section 327.391, Florida 622 Statutes, is amended to read: 623 327.391 Airboats regulated.— 624 (1) The exhaust of every internal combustion engine used on 625 any airboat operated on the waters of this state shall be 626 provided with an automotive-style factory muffler, underwater 627 exhaust, or other manufactured device capable of adequately 628 muffling the sound of the exhaust of the engine as described in 629 s. 327.02(27)327.02(25). The use of cutouts or flex pipe as the 630 sole source of muffling is prohibited, except as provided in 631 subsection (4). Any person who violates this subsection commits 632 a noncriminal infraction punishable as provided in s. 327.73(1). 633 Reviser’s note.—Amended to correct an apparent error. “Muffler” 634 is defined in s. 327.02(27); s. 327.02(25) defines “moored 635 ballooning.” 636 Section 24. Paragraph (h) of subsection (1) of section 637 337.403, Florida Statutes, is amended to read: 638 337.403 Interference caused by utility; expenses.— 639 (1) If a utility that is placed upon, under, over, or along 640 any public road or publicly owned rail corridor is found by the 641 authority to be unreasonably interfering in any way with the 642 convenient, safe, or continuous use, or the maintenance, 643 improvement, extension, or expansion, of such public road or 644 publicly owned rail corridor, the utility owner shall, upon 30 645 days’ written notice to the utility or its agent by the 646 authority, initiate the work necessary to alleviate the 647 interference at its own expense except as provided in paragraphs 648 (a)-(i). The work must be completed within such reasonable time 649 as stated in the notice or such time as agreed to by the 650 authority and the utility owner. 651 (h) If a municipally owned utility or county-owned utility 652 is located in a rural area of opportunitycritical economic653concern, as defined in s. 288.0656(2), and the department 654 determines that the utility is unable, and will not be able 655 within the next 10 years, to pay for the cost of utility work 656 necessitated by a department project on the State Highway 657 System, the department may pay, in whole or in part, the cost of 658 such utility work performed by the department or its contractor. 659 Reviser’s note.—Amended to conform to provisions in ch. 2014 660 218, Laws of Florida, which changed references from “rural 661 areas of critical economic concern” to “rural areas of 662 opportunity” with the exception of three sections of the 663 Florida Statutes. 664 Section 25. Subsection (6) of section 339.041, Florida 665 Statutes, is amended to read: 666 339.041 Factoring of revenues from leases for wireless 667 communication facilities.— 668 (6) Subject to annual appropriation, the investors shall 669 collect the lease payments on a schedule and in a manner 670 established in the agreements entered into by the department and 671 the investors pursuant to this section. The agreements may 672 provide for lease payments to be made directly to investors by 673 lessees if the lease agreements entered into by the department 674 and the lessees pursuant to s. 365.172(13)(f)s. 365.172(12)(f)675 allow direct payment. 676 Reviser’s note.—Amended to conform to the redesignation of s. 677 365.172(12)(f) as s. 365.172(13)(f) by s. 1, ch. 2014-196, 678 Laws of Florida. 679 Section 26. Paragraph (c) of subsection (5) of section 680 339.135, Florida Statutes, is amended to read: 681 339.135 Work program; legislative budget request; 682 definitions; preparation, adoption, execution, and amendment.— 683 (5) ADOPTION OF THE WORK PROGRAM.— 684 (c) Notwithstanding paragraph (a), and for the 2014-2015 685 fiscal year only, the department may use appropriated funds to 686 pay the costs of strategic and regionally significant 687 transportation projects as provided in paragraph (4)(j) 688paragraph (4)(i). Funds specifically appropriated for this 689 purpose may not reduce, delete, or defer any existing projects 690 funded as of July 1, 2014, in the department’s 5-year work 691 program. This paragraph expires July 1, 2015. 692 Reviser’s note.—Amended to conform to the editorial 693 redesignation of paragraph (4)(i), as created by s. 47, ch. 694 2014-53, Laws of Florida, as paragraph (4)(j) to conform to 695 the addition of a different paragraph (4)(i) by s. 41, ch. 696 2014-53. 697 Section 27. Subsection (7) of section 339.2818, Florida 698 Statutes, is amended to read: 699 339.2818 Small County Outreach Program.— 700 (7) Subject to a specific appropriation in addition to 701 funds annually appropriated for projects under this section, a 702 municipality within a rural area of opportunitycritical703economic concernor a rural area of opportunitycritical704economic concerncommunity designated under s. 288.0656(7)(a) 705 may compete for the additional project funding using the 706 criteria listed in subsection (4) at up to 100 percent of 707 project costs, excluding capacity improvement projects. 708 Reviser’s note.—Amended to conform to provisions in ch. 2014 709 218, Laws of Florida, which changed references from “rural 710 areas of critical economic concern” to “rural areas of 711 opportunity” with the exception of three sections of the 712 Florida Statutes. 713 Section 28. Paragraph (a) of subsection (2) of section 714 348.753, Florida Statutes, is amended to read: 715 348.753 Central Florida Expressway Authority.— 716 (2)(a) Immediately onuponJune 20, 2014, the Central 717 Florida Expressway Authority shall assume the governance and 718 control of the Orlando-Orange County Expressway Authority 719 System, including its assets, personnel, contracts, obligations, 720 liabilities, facilities, and tangible and intangible property. 721 Any rights in such property, and other legal rights of the 722 authority, are transferred to the Central Florida Expressway 723 Authority. The Central Florida Expressway Authority shall 724 immediately succeed to and assume the powers, responsibilities, 725 and obligations of the Orlando-Orange County Expressway 726 Authority. 727 Reviser’s note.—Amended to substitute the word “on” for the word 728 “upon” to improve clarity. As created by s. 3, ch. 2014 729 171, Laws of Florida, paragraph (2)(a) began with the words 730 “Immediately upon the effective date of this act.” Section 731 21, ch. 2014-171, directed the Division of Law Revision and 732 Information to substitute the date for the new language 733 “the effective date of this act.” 734 Section 29. Subsection (1) of section 348.7546, Florida 735 Statutes, is amended to read: 736 348.7546 Wekiva Parkway, construction authorized; 737 financing.— 738 (1) The Central Florida Expressway Authority may exercise 739 its condemnation powers andtoconstruct, finance, operate, own, 740 and maintain those portions of the Wekiva Parkway which are 741 identified by agreement between the authority and the department 742 and which are included as part of the authority’s long-range 743 capital improvement plan. The “Wekiva Parkway” means any limited 744 access highway or expressway constructed between State Road 429 745 and Interstate 4 specifically incorporating the corridor 746 alignment recommended by Recommendation 2 of the Wekiva River 747 Basin Area Task Force final report dated January 15, 2003, and 748 the recommendations of the SR 429 Working Group which were 749 adopted January 16, 2004. This project may be financed with any 750 funds available to the authority for such purpose or revenue 751 bonds issued by the authority under s. 11, Art. VII of the State 752 Constitution and s. 348.755(1)(b). This section does not 753 invalidate the exercise by the authority of its condemnation 754 powers or the acquisition of any property for the Wekiva Parkway 755 before July 1, 2012. 756 Reviser’s note.—Amended to confirm the editorial deletion of the 757 word “to” preceding the word “construct.” 758 Section 30. Paragraph (c) of subsection (13) of section 759 365.172, Florida Statutes, is amended to read: 760 365.172 Emergency communications number “E911.”— 761 (13) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance 762 the public need for reliable E911 services through reliable 763 wireless systems and the public interest served by governmental 764 zoning and land development regulations and notwithstanding any 765 other law or local ordinance to the contrary, the following 766 standards shall apply to a local government’s actions, as a 767 regulatory body, in the regulation of the placement, 768 construction, or modification of a wireless communications 769 facility. This subsection shall not, however, be construed to 770 waive or alter the provisions of s. 286.011 or s. 286.0115. For 771 the purposes of this subsection only, “local government” shall 772 mean any municipality or county and any agency of a municipality 773 or county only. The term “local government” does not, however, 774 include any airport, as defined by s. 330.27(2), even if it is 775 owned or controlled by or through a municipality, county, or 776 agency of a municipality or county. Further, notwithstanding 777 anything in this section to the contrary, this subsection does 778 not apply to or control a local government’s actions as a 779 property or structure owner in the use of any property or 780 structure owned by such entity for the placement, construction, 781 or modification of wireless communications facilities. In the 782 use of property or structures owned by the local government, 783 however, a local government may not use its regulatory authority 784 so as to avoid compliance with, or in a manner that does not 785 advance, the provisions of this subsection. 786 (c) Local governments may not require wireless providers to 787 provide evidence of a wireless communications facility’s 788 compliance with federal regulations, except evidence of 789 compliance with applicable Federal Aviation Administration 790 requirements under 14 C.F.R. part 7714 C.F.R. s. 77, as 791 amended, and evidence of proper Federal Communications 792 Commission licensure, or other evidence of Federal 793 Communications Commission authorized spectrum use, but may 794 request the Federal Communications Commission to provide 795 information as to a wireless provider’s compliance with federal 796 regulations, as authorized by federal law. 797 Reviser’s note.—Amended to facilitate correct interpretation. 798 There is no 14 C.F.R. s. 77; there is a 14 C.F.R. part 77. 799 Section 31. Subsection (5) of section 373.223, Florida 800 Statutes, is amended to read: 801 373.223 Conditions for a permit.— 802 (5) In evaluating an application for consumptive use of 803 water which proposes the use of an alternative water supply 804 project as described in the regional water supply plan and 805 provides reasonable assurances of the applicant’s capability to 806 design, construct, operate, and maintain the project, the 807 governing board or department shall presume that the alternative 808 water supply use is consistent with the public interest under 809 paragraph (1)(c). However, where the governing board identifies 810 the need for a multijurisdictional water supply entity or 811 regional water supply authority to develop the alternative water 812 supply project pursuant to s. 373.709(2)(a)2., the presumption 813 shall be accorded only to that use proposed by such entity or 814 authority. This subsection does not affecteffectevaluation of 815 the use pursuant to the provisions of paragraphs (1)(a) and (b), 816 subsections (2) and (3), and ss. 373.2295 and 373.233. 817 Reviser’s note.—Amended to conform to context. 818 Section 32. Paragraph (a) of subsection (2) of section 819 376.3072, Florida Statutes, is amended to read: 820 376.3072 Florida Petroleum Liability and Restoration 821 Insurance Program.— 822 (2)(a) An owner or operator of a petroleum storage system 823 may become an insured in the restoration insurance program at a 824 facility if: 825 1. A site at which an incident has occurred is eligible for 826 restoration if the insured is a participant in the third-party 827 liability insurance program or otherwise meets applicable 828 financial responsibility requirements. After July 1, 1993, the 829 insured must also provide the required excess insurance coverage 830 or self-insurance for restoration to achieve the financial 831 responsibility requirements of 40 C.F.R. s. 280.97, subpart H, 832 not covered by paragraph (d). 833 2. A site which had a discharge reported before January 1, 834 1989, for which notice was given pursuant to s. 376.3071(10) and 835 which is ineligible for the third-party liability insurance 836 program solely due to that discharge is eligible for 837 participation in the restoration program for an incident 838 occurring on or after January 1, 1989, pursuant to subsection 839 (3). Restoration funding for an eligible contaminated site will 840 be provided without participation in the third-party liability 841 insurance program until the site is restored as required by the 842 department or until the department determines that the site does 843 not require restoration. 844 3. Notwithstanding paragraph (b), a site where an 845 application is filed with the department before January 1, 1995, 846 where the owner is a small business under s. 288.703(6), a 847 Florida College System institutionstate community collegewith 848 less than 2,500 FTE, a religious institution as defined by s. 849 212.08(7)(m), a charitable institution as defined by s. 850 212.08(7)(p), or a county or municipality with a population of 851 less than 50,000, is eligible for up to $400,000 of eligible 852 restoration costs, less a deductible of $10,000 for small 853 businesses, eligible Florida College System institutions 854community colleges, and religious or charitable institutions, 855 and $30,000 for eligible counties and municipalities, if: 856 a. Except as provided in sub-subparagraph e., the facility 857 was in compliance with department rules at the time of the 858 discharge. 859 b. The owner or operator has, upon discovery of a 860 discharge, promptly reported the discharge to the department, 861 and drained and removed the system from service, if necessary. 862 c. The owner or operator has not intentionally caused or 863 concealed a discharge or disabled leak detection equipment. 864 d. The owner or operator proceeds to complete initial 865 remedial action as specified in department rules. 866 e. The owner or operator, if required and if it has not 867 already done so, applies for third-party liability coverage for 868 the facility within 30 days after receipt of an eligibility 869 order issued by the department pursuant to this subparagraph. 870 871 However, the department may consider in-kind services from 872 eligible counties and municipalities in lieu of the $30,000 873 deductible. The cost of conducting initial remedial action as 874 defined by department rules is an eligible restoration cost 875 pursuant to this subparagraph. 876 4.a. By January 1, 1997, facilities at sites with existing 877 contamination must have methods of release detection to be 878 eligible for restoration insurance coverage for new discharges 879 subject to department rules for secondary containment. Annual 880 storage system testing, in conjunction with inventory control, 881 shall be considered to be a method of release detection until 882 the later of December 22, 1998, or 10 years after the date of 883 installation or the last upgrade. Other methods of release 884 detection for storage tanks which meet such requirement are: 885 (I) Interstitial monitoring of tank and integral piping 886 secondary containment systems; 887 (II) Automatic tank gauging systems; or 888 (III) A statistical inventory reconciliation system with a 889 tank test every 3 years. 890 b. For pressurized integral piping systems, the owner or 891 operator must use: 892 (I) An automatic in-line leak detector with flow 893 restriction meeting the requirements of department rules used in 894 conjunction with an annual tightness or pressure test; or 895 (II) An automatic in-line leak detector with electronic 896 flow shut-off meeting the requirements of department rules. 897 c. For suction integral piping systems, the owner or 898 operator must use: 899 (I) A single check valve installed directly below the 900 suction pump if there are no other valves between the dispenser 901 and the tank; or 902 (II) An annual tightness test or other approved test. 903 d. Owners of facilities with existing contamination that 904 install internal release detection systems pursuant to sub 905 subparagraph a. shall permanently close their external 906 groundwater and vapor monitoring wells pursuant to department 907 rules by December 31, 1998. Upon installation of the internal 908 release detection system, such wells must be secured and taken 909 out of service until permanent closure. 910 e. Facilities with vapor levels of contamination meeting 911 the requirements of or below the concentrations specified in the 912 performance standards for release detection methods specified in 913 department rules may continue to use vapor monitoring wells for 914 release detection. 915 f. The department may approve other methods of release 916 detection for storage tanks and integral piping which have at 917 least the same capability to detect a new release as the methods 918 specified in this subparagraph. 919 920 Sites meeting the criteria of this subsection for which a site 921 rehabilitation completion order was issued before June 1, 2008, 922 do not qualify for the 2008 increase in site rehabilitation 923 funding assistance and are bound by the pre-June 1, 2008, 924 limits. Sites meeting the criteria of this subsection for which 925 a site rehabilitation completion order was not issued before 926 June 1, 2008, regardless of whether they have previously 927 transitioned to nonstate-funded cleanup status, may continue 928 state-funded cleanup pursuant to s. 376.3071(6) until a site 929 rehabilitation completion order is issued or the increased site 930 rehabilitation funding assistance limit is reached, whichever 931 occurs first. 932 Reviser’s note.—Amended to conform references to state community 933 colleges to changes in chs. 2008-52 and 2009-228, Laws of 934 Florida, transitioning references from community colleges 935 to Florida College System institutions. 936 Section 33. Paragraph (e) of subsection (2) of section 937 377.6015, Florida Statutes, is amended to read: 938 377.6015 Department of Agriculture and Consumer Services; 939 powers and duties.— 940 (2) The department shall: 941 (e) Administer the provisions of the Florida Energy and 942 Climate Protection Act pursuant to ss. 377.801-377.804377.801943377.807. 944 Reviser’s note.—Amended to conform to the repeal of ss. 377.806 945 and 377.807 by s. 9, ch. 2014-154, Laws of Florida, and to 946 conform to context. Section 377.801 cites ss. 377.801 947 377.804 as the Florida Energy and Climate Protection Act; 948 s. 377.805, requiring development of an energy efficiency 949 and conservation clearinghouse, was transferred from s. 950 570.0741 to s. 377.805 by s. 64, ch. 2014-150, Laws of 951 Florida, and is not technically part of the Florida Energy 952 and Climate Protection Act. 953 Section 34. Subsection (4) of section 379.2495, Florida 954 Statutes, is amended to read: 955 379.2495 Florida Ships-2-Reefs Program; matching grant 956 requirements.— 957 (4) To demonstrate that a local government or nonprofit 958 corporation meets the required criteria, the local government or 959 nonprofit corporation must submit formal agreements, written 960 pledges, memoranda of understanding, financing arrangements, or 961 other documents demonstrating that nonstate matching funds are 962 available for securing and placing the vessel prior to 963 submission of an application. Matching grant funds shall be 964 released only upon documentation that meets all the criteria 965 established in rules adopted by the commissionpursuant to966subsection (5). 967 Reviser’s note.—Amended to conform to the repeal of former 968 subsection (5) by s. 2, ch. 2014-21, Laws of Florida. 969 Section 35. Paragraph (b) of subsection (29) of section 970 380.06, Florida Statutes, is amended to read: 971 380.06 Developments of regional impact.— 972 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.— 973 (b) If a municipality that does not qualify as a dense 974 urban land area pursuant to paragraph (a) designates any of the 975 following areas in its comprehensive plan, any proposed 976 development within the designated area is exempt from the 977 development-of-regional-impact process: 978 1. Urban infill as defined in s. 163.3164; 979 2. Community redevelopment areas as defined in s. 163.340; 980 3. Downtown revitalization areas as defined in s. 163.3164; 981 4. Urban infill and redevelopment under s. 163.2517; or 982 5. Urban service areas as defined in s. 163.3164 or areas 983 within a designated urban service boundary under s. 984 163.3177(14), Florida Statutes (2010). 985 Reviser’s note.—Amended to conform to the repeal of s. 986 163.3177(14) by s. 12, ch. 2011-139, Laws of Florida, and 987 to conform to a similar cross-reference in paragraph 988 (24)(l) of this section. 989 Section 36. Subsection (5) of section 381.78, Florida 990 Statutes, is amended to read: 991 381.78 Advisory council on brain and spinal cord injuries.— 992 (5) Members of the advisory council are entitled to 993 reimbursement for per diem and travel expenses for required 994 attendance at council meetings in accordance with s. 112.061. 995 Reasonable expenses for personal assistance services and 996 interpreters needed by members during required attendance at 997 council meetings shall be reimbursed. A member may not receive 998 any compensation for performing duties specified in, or arising 999 out of, her or his duties as a council member under ss. 381.739 1000 381.79this part, except as otherwise specified in ss. 381.739 1001 381.79this part. 1002 Reviser’s note.—Amended to conform to the fact that chapter 381 1003 is not divided into parts and to conform to context. An 1004 amendment to subsection (7) of this section by s. 8, ch. 1005 2010-161, Laws of Florida, substituted a reference to ss. 1006 381.739-381.79 for a reference to “this part;” ss. 381.739 1007 381.79 constitute the Charlie Mack Overstreet Brain or 1008 Spinal Cord Injuries Act. 1009 Section 37. Subsection (2) of section 394.494, Florida 1010 Statutes, is amended to read: 1011 394.494 General performance outcomes for the child and 1012 adolescent mental health treatment and support system.— 1013 (2) Annually, pursuant to former s. 216.0166, the 1014 department shall develop more specific performance outcomes and 1015 performance measures to assess the performance of the child and 1016 adolescent mental health treatment and support system in 1017 achieving the intent of this section. 1018 Reviser’s note.—Amended to conform to the repeal of s. 216.0166 1019 by s. 61, ch. 2000-371, Laws of Florida. 1020 Section 38. Paragraph (p) of subsection (4) of section 1021 394.495, Florida Statutes, is amended to read: 1022 394.495 Child and adolescent mental health system of care; 1023 programs and services.— 1024 (4) The array of services may include, but is not limited 1025 to: 1026 (p) Trauma-informed services for children who have suffered 1027 sexual exploitation as defined in s. 39.01(69)(g)39.01(67)(g). 1028 Reviser’s note.—Amended to confirm the editorial substitution of 1029 a reference to s. 39.01(69)(g) for a reference to s. 1030 39.01(67)(g) to conform to the renumbering of subunits 1031 within s. 39.01 by s. 3, ch. 2014-224, Laws of Florida. 1032 Section 39. Paragraph (e) of subsection (3) of section 1033 394.913, Florida Statutes, is amended to read: 1034 394.913 Notice to state attorney and multidisciplinary team 1035 of release of sexually violent predator; establishing 1036 multidisciplinary teams; information to be provided to 1037 multidisciplinary teams.— 1038 (3) 1039 (e) The multidisciplinary team may consult with law 1040 enforcement agencies and victim advocate groups during the 1041 assessment and evaluation process. A clinical evaluation of the 1042 person may be conducted. A second clinical evaluation must be 1043 conducted if a member of the multidisciplinary team questions 1044 the conclusion of the first clinical evaluation. All members of 1045 the multidisciplinary team shall review, at a minimum, the 1046 information provided in subsection (2) and any clinical 1047 evaluation before making a recommendation pursuant to paragraph 1048 (g)paragraph (f). 1049 Reviser’s note.—Amended to confirm the editorial substitution of 1050 a reference to paragraph (g) for a reference to paragraph 1051 (f), as referenced in the amendment by s. 3, ch. 2014-2, 1052 Laws of Florida. Paragraph (f) was redesignated as 1053 paragraph (g) in the compilation of the text pursuant to 1054 incorporating amendments made by s. 2, ch. 2014-3, Laws of 1055 Florida. 1056 Section 40. Paragraph (c) of subsection (3) of section 1057 397.333, Florida Statutes, is amended to read: 1058 397.333 Statewide Drug Policy Advisory Council.— 1059 (3) The advisory council shall: 1060 (c) Review various substance abuse programs and recommend, 1061 where needed, measures that are sufficient to determine program 1062 outcomes. The council shall review different methodologies for 1063 evaluating programs and determine whether programs within 1064 different agencies have common outcomes. The methodologies shall 1065 be consistent with those established under former s. 216.0166. 1066 Reviser’s note.—Amended to conform to the repeal of s. 216.0166 1067 by s. 61, ch. 2000-371, Laws of Florida. 1068 Section 41. Subsection (6) of section 397.754, Florida 1069 Statutes, is amended to read: 1070 397.754 Duties and responsibilities of the Department of 1071 Corrections.—The Department of Corrections shall: 1072 (6) In cooperation with other agencies, actively seek to 1073 enhance resources for the provision of treatment services for 1074 inmates and to develop partnerships with other state agencies, 1075 including but not limited to the Departments of Children and 1076 Families, Education, Economic OpportunityCommunity Affairs, and 1077 Law Enforcement. 1078 Reviser’s note.—Amended to conform to the repeal of s. 20.18, 1079 which created the Department of Community Affairs, by s. 1080 478, ch. 2011-142, Laws of Florida, and the transfer of the 1081 department’s duties to the Department of Economic 1082 Opportunity by ch. 2011-142. 1083 Section 42. Subsection (2) of section 397.92, Florida 1084 Statutes, is amended to read: 1085 397.92 Children’s substance abuse services system; goals.— 1086 (2) Pursuant to former s. 216.0166, the department shall 1087 annually develop performance outcomes and performance measures 1088 to assess the performance of the children’s substance abuse 1089 services system in achieving the intent of this section. 1090 Reviser’s note.—Amended to conform to the repeal of s. 216.0166 1091 by s. 61, ch. 2000-371, Laws of Florida. 1092 Section 43. Paragraph (v) of subsection (1) of section 1093 400.022, Florida Statutes, is amended to read: 1094 400.022 Residents’ rights.— 1095 (1) All licensees of nursing home facilities shall adopt 1096 and make public a statement of the rights and responsibilities 1097 of the residents of such facilities and shall treat such 1098 residents in accordance with the provisions of that statement. 1099 The statement shall assure each resident the following: 1100 (v) For residents of Medicaid or Medicare certified 1101 facilities, the right to challenge a decision by the facility to 1102 discharge or transfer the resident, as required underTitle42 1103 C.F.R. s. 483.12part483.13. 1104 Reviser’s note.—Amended to conform to the fact that there is no 1105 part 483.13 in the Code of Federal Regulations; 42 C.F.R. 1106 s. 483.12 relates to admission, transfer, and discharge 1107 rights; 42 C.F.R. s. 483.13 relates to resident behavior 1108 and facility practices. 1109 Section 44. Paragraph (c) of subsection (7) of section 1110 403.067, Florida Statutes, is amended to read: 1111 403.067 Establishment and implementation of total maximum 1112 daily loads.— 1113 (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND 1114 IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.— 1115 (c) Best management practices.— 1116 1. The department, in cooperation with the water management 1117 districts and other interested parties, as appropriate, may 1118 develop suitable interim measures, best management practices, or 1119 other measures necessary to achieve the level of pollution 1120 reduction established by the department for nonagricultural 1121 nonpoint pollutant sources in allocations developed pursuant to 1122 subsection (6) and this subsection. These practices and measures 1123 may be adopted by rule by the department and the water 1124 management districts and, where adopted by rule, shall be 1125 implemented by those parties responsible for nonagricultural 1126 nonpoint source pollution. 1127 2. The Department of Agriculture and Consumer Services may 1128 develop and adopt by rule pursuant to ss. 120.536(1) and 120.54 1129 suitable interim measures, best management practices, or other 1130 measures necessary to achieve the level of pollution reduction 1131 established by the department for agricultural pollutant sources 1132 in allocations developed pursuant to subsection (6) and this 1133 subsection or for programs implemented pursuant to paragraph 1134 (12)(b)paragraph (13)(b). These practices and measures may be 1135 implemented by those parties responsible for agricultural 1136 pollutant sources and the department, the water management 1137 districts, and the Department of Agriculture and Consumer 1138 Services shall assist with implementation. In the process of 1139 developing and adopting rules for interim measures, best 1140 management practices, or other measures, the Department of 1141 Agriculture and Consumer Services shall consult with the 1142 department, the Department of Health, the water management 1143 districts, representatives from affected farming groups, and 1144 environmental group representatives. Such rules must also 1145 incorporate provisions for a notice of intent to implement the 1146 practices and a system to assure the implementation of the 1147 practices, including recordkeeping requirements. 1148 3. Where interim measures, best management practices, or 1149 other measures are adopted by rule, the effectiveness of such 1150 practices in achieving the levels of pollution reduction 1151 established in allocations developed by the department pursuant 1152 to subsection (6) and this subsection or in programs implemented 1153 pursuant to paragraph (12)(b)paragraph(13)(b)must be verified 1154 at representative sites by the department. The department shall 1155 use best professional judgment in making the initial 1156 verification that the best management practices are reasonably 1157 expected to be effective and, where applicable, must notify the 1158 appropriate water management district or the Department of 1159 Agriculture and Consumer Services of its initial verification 1160 before the adoption of a rule proposed pursuant to this 1161 paragraph. Implementation, in accordance with rules adopted 1162 under this paragraph, of practices that have been initially 1163 verified to be effective, or verified to be effective by 1164 monitoring at representative sites, by the department, shall 1165 provide a presumption of compliance with state water quality 1166 standards and release from the provisions of s. 376.307(5) for 1167 those pollutants addressed by the practices, and the department 1168 is not authorized to institute proceedings against the owner of 1169 the source of pollution to recover costs or damages associated 1170 with the contamination of surface water or groundwater caused by 1171 those pollutants. Research projects funded by the department, a 1172 water management district, or the Department of Agriculture and 1173 Consumer Services to develop or demonstrate interim measures or 1174 best management practices shall be granted a presumption of 1175 compliance with state water quality standards and a release from 1176 the provisions of s. 376.307(5). The presumption of compliance 1177 and release is limited to the research site and only for those 1178 pollutants addressed by the interim measures or best management 1179 practices. Eligibility for the presumption of compliance and 1180 release is limited to research projects on sites where the owner 1181 or operator of the research site and the department, a water 1182 management district, or the Department of Agriculture and 1183 Consumer Services have entered into a contract or other 1184 agreement that, at a minimum, specifies the research objectives, 1185 the cost-share responsibilities of the parties, and a schedule 1186 that details the beginning and ending dates of the project. 1187 4. Where water quality problems are demonstrated, despite 1188 the appropriate implementation, operation, and maintenance of 1189 best management practices and other measures required by rules 1190 adopted under this paragraph, the department, a water management 1191 district, or the Department of Agriculture and Consumer 1192 Services, in consultation with the department, shall institute a 1193 reevaluation of the best management practice or other measure. 1194 Should the reevaluation determine that the best management 1195 practice or other measure requires modification, the department, 1196 a water management district, or the Department of Agriculture 1197 and Consumer Services, as appropriate, shall revise the rule to 1198 require implementation of the modified practice within a 1199 reasonable time period as specified in the rule. 1200 5. Agricultural records relating to processes or methods of 1201 production, costs of production, profits, or other financial 1202 information held by the Department of Agriculture and Consumer 1203 Services pursuant to subparagraphs 3. and 4. or pursuant to any 1204 rule adopted pursuant to subparagraph 2. are confidential and 1205 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 1206 Constitution. Upon request, records made confidential and exempt 1207 pursuant to this subparagraph shall be released to the 1208 department or any water management district provided that the 1209 confidentiality specified by this subparagraph for such records 1210 is maintained. 1211 6. The provisions of subparagraphs 1. and 2. do not 1212 preclude the department or water management district from 1213 requiring compliance with water quality standards or with 1214 current best management practice requirements set forth in any 1215 applicable regulatory program authorized by law for the purpose 1216 of protecting water quality. Additionally, subparagraphs 1. and 1217 2. are applicable only to the extent that they do not conflict 1218 with any rules adopted by the department that are necessary to 1219 maintain a federally delegated or approved program. 1220 Reviser’s note.—Amended to conform to the redesignation of 1221 paragraph (13)(b) as paragraph (12)(b) by s. 2, ch. 2013 1222 146, Laws of Florida. 1223 Section 45. Subsection (1) of section 408.036, Florida 1224 Statutes, is amended to read: 1225 408.036 Projects subject to review; exemptions.— 1226 (1) APPLICABILITY.—Unless exempt under subsection (3), all 1227 health-care-related projects, as described in paragraphs (a)-(f) 1228paragraphs (a)-(g), are subject to review and must file an 1229 application for a certificate of need with the agency. The 1230 agency is exclusively responsible for determining whether a 1231 health-care-related project is subject to review under ss. 1232 408.031-408.045. 1233 (a) The addition of beds in community nursing homes or 1234 intermediate care facilities for the developmentally disabled by 1235 new construction or alteration. 1236 (b) The new construction or establishment of additional 1237 health care facilities, including a replacement health care 1238 facility when the proposed project site is not located on the 1239 same site as or within 1 mile of the existing health care 1240 facility, if the number of beds in each licensed bed category 1241 will not increase. 1242 (c) The conversion from one type of health care facility to 1243 another, including the conversion from a general hospital, a 1244 specialty hospital, or a long-term care hospital. 1245 (d) The establishment of a hospice or hospice inpatient 1246 facility, except as provided in s. 408.043. 1247 (e) An increase in the number of beds for comprehensive 1248 rehabilitation. 1249 (f) The establishment of tertiary health services, 1250 including inpatient comprehensive rehabilitation services. 1251 Reviser’s note.—Amended to confirm the editorial substitution of 1252 a reference to paragraphs (a)-(f) for a reference to 1253 paragraphs (a)-(g) to conform to the repeal of paragraph 1254 (1)(g) by s. 19, ch. 2010-4, Laws of Florida. 1255 Section 46. Subsection (8) of section 408.061, Florida 1256 Statutes, is amended to read: 1257 408.061 Data collection; uniform systems of financial 1258 reporting; information relating to physician charges; 1259 confidential information; immunity.— 1260 (8) The identity of any health care provider, health care 1261 facility, or health insurer who submits any data which is 1262 proprietary business information to the agency pursuant to the 1263 provisions of this section shall remain confidential and exempt 1264 from the provisions of s. 119.07(1) and s. 24(a), Art. I of the 1265 State Constitution. As used in this section, “proprietary 1266 business information” shall include, but not be limited to, 1267 information relating to specific provider contract reimbursement 1268 information; information relating to security measures, systems, 1269 or procedures; and information concerning bids or other 1270 contractual data, the disclosure of which would impair efforts 1271 to contract for goods or services on favorable terms or would 1272 injure the affected entity’s ability to compete in the 1273 marketplace. Notwithstanding the provisions of this subsection, 1274 any information obtainedor generated pursuant to the provisions1275of former s. 407.61, either by the former Health Care Cost 1276 Containment Board or by the Agency for Health Care 1277 Administration upon transfer to that agency of the duties and 1278 functions of the former Health Care Cost Containment Board, is 1279 not confidential and exempt from the provisions of s. 119.07(1) 1280 and s. 24(a), Art. I of the State Constitution. Such proprietary 1281 business information may be used in published analyses and 1282 reports or otherwise made available for public disclosure in 1283 such manner as to preserve the confidentiality of the identity 1284 of the provider. This exemption shall not limit the use of any 1285 information used in conjunction with investigation or 1286 enforcement purposes under the provisions of s. 456.073. 1287 Reviser’s note.—Amended to delete an obsolete provision. 1288 Section 47. Subsection (2) of section 409.1451, Florida 1289 Statutes, as amended by section 4 of chapter 2014-39, Laws of 1290 Florida, and as amended by section 25 of chapter 2014-184, Laws 1291 of Florida, effective July 1, 2015, is reenacted and amended to 1292 read: 1293 409.1451 The Road-to-Independence Program.— 1294 (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.— 1295 (a) A young adult is eligible for services and support 1296 under this subsection if he or she: 1297 1. Was living in licensed care on his or her 18th birthday 1298 or is currently living in licensed care; or was at least 16 1299 years of age and was adopted from foster care or placed with a 1300 court-approved dependency guardian after spending at least 6 1301 months in licensed care within the 12 months immediately 1302 preceding such placement or adoption; 1303 2. Spent at least 6 months in licensed care before reaching 1304 his or her 18th birthday; 1305 3. Earned a standard high school diploma pursuant to s. 1306 1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent 1307 pursuant to s. 1003.435a special diploma pursuant to; 1308 4. Has been admitted for enrollment as a full-time student 1309 or its equivalent in an eligible postsecondary educational 1310 institution as provided in s. 1009.533. For purposes of this 1311 section, the term “full-time” means 9 credit hours or the 1312 vocational school equivalent. A student may enroll part-time if 1313 he or she has a recognized disability or is faced with another 1314 challenge or circumstance that would prevent full-time 1315 attendance. A student needing to enroll part-time for any reason 1316 other than having a recognized disability must get approval from 1317 his or her academic advisor; 1318 5. Has reached 18 years of age but is not yet 23 years of 1319 age; 1320 6. Has applied, with assistance from the young adult’s 1321 caregiver and the community-based lead agency, for any other 1322 grants and scholarships for which he or she may qualify; 1323 7. Submitted a Free Application for Federal Student Aid 1324 which is complete and error free; and 1325 8. Signed an agreement to allow the department and the 1326 community-based care lead agency access to school records. 1327 (b) The amount of the financial assistance shall be as 1328 follows: 1329 1. For a young adult who does not remain in foster care and 1330 is attending a postsecondary school as provided in s. 1009.533, 1331 the amount is $1,256 monthly. 1332 2. For a young adult who remains in foster care, is 1333 attending a postsecondary school, as provided in s. 1009.533, 1334 and continues to reside in a licensed foster home, the amount is 1335 the established room and board rate for foster parents. This 1336 takes the place of the payment provided for in s. 409.145(4). 1337 3. For a young adult who remains in foster care, but 1338 temporarily resides away from a licensed foster home for 1339 purposes of attending a postsecondary school as provided in s. 1340 1009.533, the amount is $1,256 monthly. This takes the place of 1341 the payment provided for in s. 409.145(4). 1342 4. For a young adult who remains in foster care, is 1343 attending a postsecondary school as provided in s. 1009.533, and 1344 continues to reside in a licensed group home, the amount is 1345 negotiated between the community-based care lead agency and the 1346 licensed group home provider. 1347 5. For a young adult who remains in foster care, but 1348 temporarily resides away from a licensed group home for purposes 1349 of attending a postsecondary school as provided in s. 1009.533, 1350 the amount is $1,256 monthly. This takes the place of a 1351 negotiated room and board rate. 1352 6. The amount of the award may be disregarded for purposes 1353 of determining the eligibility for, or the amount of, any other 1354 federal or federally supported assistance. 1355 7. A young adult is eligible to receive financial 1356 assistance during the months when enrolled in a postsecondary 1357 educational institution. 1358 (c) Payment of financial assistance for a young adult who: 1359 1. Has chosen not to remain in foster care and is attending 1360 a postsecondary school as provided in s. 1009.533, shall be made 1361 to the community-based care lead agency in order to secure 1362 housing and utilities, with the balance being paid directly to 1363 the young adult until such time the lead agency and the young 1364 adult determine that the young adult can successfully manage the 1365 full amount of the assistance. 1366 2. Has remained in foster care under s. 39.6251 and who is 1367 attending postsecondary school as provided in s. 1009.533, shall 1368 be made directly to the foster parent or group home provider. 1369 3. Community-based care lead agencies or other contracted 1370 providers are prohibited from charging a fee associated with 1371 administering the Road-to-Independence payments. 1372 (d)1. The department must advertise the availability of the 1373 stipend and must provide notification of the criteria and 1374 application procedures for the stipend to children and young 1375 adults leaving, or who were formerly in, foster care; 1376 caregivers; case managers; guidance and family services 1377 counselors; principals or other relevant school administrators; 1378 and guardians ad litem. 1379 2. If the award recipient transfers from one eligible 1380 institution to another and continues to meet eligibility 1381 requirements, the award shall be transferred with the recipient. 1382 3. The department, or an agency under contract with the 1383 department, shall evaluate each Road-to-Independence award for 1384 renewal eligibility on an annual basis. In order to be eligible 1385 for a renewal award for the subsequent year, the young adult 1386 must: 1387 a. Be enrolled for or have completed the number of hours, 1388 or the equivalent, to be considered a full-time student under 1389 subparagraph (a)4., unless the young adult qualifies for an 1390 exception under subparagraph (a)4. 1391 b. Maintain standards of academic progress as defined by 1392 the education institution, except that if the young adult’s 1393 progress is insufficient to renew the award at any time during 1394 the eligibility period, the young adult may continue to be 1395 enrolled for additional terms while attempting to restore 1396 eligibility as long as progress towards the required level is 1397 maintained. 1398 4. Funds may be terminated during the interim between an 1399 award and the evaluation for a renewal award if the department, 1400 or an agency under contract with the department, determines that 1401 the award recipient is no longer enrolled in an educational 1402 institution as described in subparagraph (a)4. or is no longer a 1403 resident of this state. 1404 5. The department, or an agency under contract with the 1405 department, shall notify a recipient who is terminated and 1406 inform the recipient of his or her right to appeal. 1407 6. An award recipient who does not qualify for a renewal 1408 award or who chooses not to renew the award may apply for 1409 reinstatement. An application for reinstatement must be made 1410 before the young adult reaches 23 years of age. In order to be 1411 eligible for reinstatement, the young adult must meet the 1412 eligibility criteria and the criteria for award renewal for the 1413 program. 1414 Reviser’s note.—Section 25, ch. 2014-184, Laws of Florida, 1415 purported to amend subsection (2), effective July 1, 2015, 1416 but did not publish paragraphs (b)-(d). Absent affirmative 1417 evidence of legislative intent to repeal paragraphs (b) 1418 (d), subsection (2) is reenacted to confirm that the 1419 omission was not intended. Subparagraph (2)(a)3. is amended 1420 to confirm the editorial deletion of the words “a special 1421 diploma pursuant to,” added by s. 4, ch. 2014-39, Laws of 1422 Florida, following the word “or” and preceding a cite to s. 1423 1003.438, which word and cite were deleted by s. 25, ch. 1424 2014-184. 1425 Section 48. Paragraph (c) of subsection (1) of section 1426 409.1678, Florida Statutes, is amended to read: 1427 409.1678 Specialized residential options for children who 1428 are victims of sexual exploitation.— 1429 (1) DEFINITIONS.—As used in this section, the term: 1430 (c) “Sexually exploited child” means a child who has 1431 suffered sexual exploitation as defined in s. 39.01(69)(g) 143239.01(68)(g)and is ineligible for relief and benefits under the 1433 federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 1434 et seq. 1435 Reviser’s note.—Amended to confirm the editorial substitution of 1436 a reference to s. 39.01(69)(g) for a reference to s. 1437 39.01(68)(g) added by s. 56, ch. 2014-224, Laws of Florida. 1438 Sexual exploitation of a child is defined in s. 1439 39.01(69)(g). “Secretary” is defined in s. 39.01(68), which 1440 has no paragraphs. 1441 Section 49. Paragraph (d) of subsection (13) of section 1442 409.906, Florida Statutes, is amended to read: 1443 409.906 Optional Medicaid services.—Subject to specific 1444 appropriations, the agency may make payments for services which 1445 are optional to the state under Title XIX of the Social Security 1446 Act and are furnished by Medicaid providers to recipients who 1447 are determined to be eligible on the dates on which the services 1448 were provided. Any optional service that is provided shall be 1449 provided only when medically necessary and in accordance with 1450 state and federal law. Optional services rendered by providers 1451 in mobile units to Medicaid recipients may be restricted or 1452 prohibited by the agency. Nothing in this section shall be 1453 construed to prevent or limit the agency from adjusting fees, 1454 reimbursement rates, lengths of stay, number of visits, or 1455 number of services, or making any other adjustments necessary to 1456 comply with the availability of moneys and any limitations or 1457 directions provided for in the General Appropriations Act or 1458 chapter 216. If necessary to safeguard the state’s systems of 1459 providing services to elderly and disabled persons and subject 1460 to the notice and review provisions of s. 216.177, the Governor 1461 may direct the Agency for Health Care Administration to amend 1462 the Medicaid state plan to delete the optional Medicaid service 1463 known as “Intermediate Care Facilities for the Developmentally 1464 Disabled.” Optional services may include: 1465 (13) HOME AND COMMUNITY-BASED SERVICES.— 1466 (d) The agency shall request federal approval to develop a 1467 system to require payment of premiums or other cost sharing by 1468 the parents of a child who is being served by a waiver under 1469 this subsection if the adjusted household income is greater than 1470 100 percent of the federal poverty level. The amount of the 1471 premium or cost sharing shall be calculated using a sliding 1472 scale based on the size of the family, the amount of the 1473 parent’s adjusted gross income, and the federal poverty 1474 guidelines. The premium and cost-sharing system developed by the 1475 agency shall not adversely affect federal funding to the state. 1476 After the agency receives federal approval, the Department of 1477 Children and Families may collect income information from 1478 parents of children who will be affected by this paragraph.The1479agency shall prepare a report to include the estimated1480operational cost of implementing the premium and cost-sharing1481system and the estimated revenues to be collected from parents1482of children in the waiver program. The report shall be delivered1483to the President of the Senate and the Speaker of the House of1484Representatives by June 30, 2012.1485 Reviser’s note.—Amended to delete obsolete provisions. 1486 Section 50. Subsection (2) of section 409.966, Florida 1487 Statutes, is amended to read: 1488 409.966 Eligible plans; selection.— 1489 (2) ELIGIBLE PLAN SELECTION.—The agency shall select a 1490 limited number of eligible plans to participate in the Medicaid 1491 program using invitations to negotiate in accordance with s. 1492 287.057(1)(c)287.057(3)(a). At least 90 days before issuing an 1493 invitation to negotiate, the agency shall compile and publish a 1494 databook consisting of a comprehensive set of utilization and 1495 spending data for the 3 most recent contract years consistent 1496 with the rate-setting periods for all Medicaid recipients by 1497 region or county. The source of the data in the report must 1498 include both historic fee-for-service claims and validated data 1499 from the Medicaid Encounter Data System. The report must be 1500 available in electronic form and delineate utilization use by 1501 age, gender, eligibility group, geographic area, and aggregate 1502 clinical risk score. Separate and simultaneous procurements 1503 shall be conducted in each of the following regions: 1504 (a) Region 1, which consists of Escambia, Okaloosa, Santa 1505 Rosa, and Walton Counties. 1506 (b) Region 2, which consists of Bay, Calhoun, Franklin, 1507 Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, 1508 Madison, Taylor, Wakulla, and Washington Counties. 1509 (c) Region 3, which consists of Alachua, Bradford, Citrus, 1510 Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Lake, 1511 Levy, Marion, Putnam, Sumter, Suwannee, and Union Counties. 1512 (d) Region 4, which consists of Baker, Clay, Duval, 1513 Flagler, Nassau, St. Johns, and Volusia Counties. 1514 (e) Region 5, which consists of Pasco and Pinellas 1515 Counties. 1516 (f) Region 6, which consists of Hardee, Highlands, 1517 Hillsborough, Manatee, and Polk Counties. 1518 (g) Region 7, which consists of Brevard, Orange, Osceola, 1519 and Seminole Counties. 1520 (h) Region 8, which consists of Charlotte, Collier, DeSoto, 1521 Glades, Hendry, Lee, and Sarasota Counties. 1522 (i) Region 9, which consists of Indian River, Martin, 1523 Okeechobee, Palm Beach, and St. Lucie Counties. 1524 (j) Region 10, which consists of Broward County. 1525 (k) Region 11, which consists of Miami-Dade and Monroe 1526 Counties. 1527 Reviser’s note.—Amended to conform to context. Section 1528 287.057(1)(c) relates to invitation to negotiate; s. 1529 287.057(3)(a) provides an exception to receiving 1530 competitive sealed bids, competitive sealed proposals, or 1531 competitive sealed replies when purchase price exceeds a 1532 specified threshold. 1533 Section 51. Paragraph (a) of subsection (3) of section 1534 409.986, Florida Statutes, is amended to read: 1535 409.986 Legislative findings and intent; child protection 1536 and child welfare outcomes; definitions.— 1537 (3) DEFINITIONS.—As used in this part, except as otherwise 1538 provided, the term: 1539 (a) “Care” means services of any kind which are designed to 1540 facilitate a child remaining safely in his or her own home, 1541 returning safely to his or her own home if he or she is removed 1542 from the home, or obtaining an alternative permanent home if he 1543 or she cannot remain at home or be returned home. The term 1544 includes, but is notbelimited to, prevention, diversion, and 1545 related services. 1546 Reviser’s note.—Amended to confirm the editorial deletion of the 1547 word “be.” 1548 Section 52. Paragraph (b) of subsection (4) of section 1549 409.987, Florida Statutes, is amended to read: 1550 409.987 Lead agency procurement.— 1551 (4) In order to serve as a lead agency, an entity must: 1552 (b) Be governed by a board of directors or a board 1553 committee composed of board members. The membership of the board 1554 of directors or board committee must be described in the bylaws 1555 or articles of incorporation of each lead agency, which must 1556 provide that at least 75 percent of the membership of the board 1557 of directors or board committee must consist of persons residing 1558 in this state, and at least 51 percent of the state residents on 1559 the board of directors must reside within the service area of 1560 the lead agency. However, for procurements of lead agency 1561 contracts initiated on or after July 1, 2014: 1562 1. At least 75 percent of the membership of the board of 1563 directors must consist of persons residing in this state, and at 1564 least 51 percent of the membership of the board of directors 1565 must consist of persons residing within the service area of the 1566 lead agency. If a board committee governs the lead agency, 100 1567 percent of its membership must consist of persons residing 1568 within the service area of the lead agency. 1569 2. The powers of the board of directors or board committee 1570 include, but are not limited to, approving the lead agency’s 1571 budget and setting the lead agency’s operational policy and 1572 procedures. A board of directors must additionally have the 1573 power to hire the lead agency’s executive director, unless a 1574 board committee governs the lead agency, in which case the board 1575 committee must have the power to confirm the selection of the 1576 lead agency’s executive director. 1577 Reviser’s note.—Amended to confirm the editorial insertion of 1578 the word “but.” 1579 Section 53. Subsection (1) of section 430.502, Florida 1580 Statutes, is reenacted to read: 1581 430.502 Alzheimer’s disease; memory disorder clinics and 1582 day care and respite care programs.— 1583 (1) There is established: 1584 (a) A memory disorder clinic at each of the three medical 1585 schools in this state; 1586 (b) A memory disorder clinic at a major private nonprofit 1587 research-oriented teaching hospital, and may fund a memory 1588 disorder clinic at any of the other affiliated teaching 1589 hospitals; 1590 (c) A memory disorder clinic at the Mayo Clinic in 1591 Jacksonville; 1592 (d) A memory disorder clinic at the West Florida Regional 1593 Medical Center; 1594 (e) A memory disorder clinic operated by Health First in 1595 Brevard County; 1596 (f) A memory disorder clinic at the Orlando Regional 1597 Healthcare System, Inc.; 1598 (g) A memory disorder center located in a public hospital 1599 that is operated by an independent special hospital taxing 1600 district that governs multiple hospitals and is located in a 1601 county with a population greater than 800,000 persons; 1602 (h) A memory disorder clinic at St. Mary’s Medical Center 1603 in Palm Beach County; 1604 (i) A memory disorder clinic at Tallahassee Memorial 1605 Healthcare; 1606 (j) A memory disorder clinic at Lee Memorial Hospital 1607 created by chapter 63-1552, Laws of Florida, as amended; 1608 (k) A memory disorder clinic at Sarasota Memorial Hospital 1609 in Sarasota County; 1610 (l) A memory disorder clinic at Morton Plant Hospital, 1611 Clearwater, in Pinellas County; and 1612 (m) A memory disorder clinic at Florida Atlantic 1613 University, Boca Raton, in Palm Beach County, 1614 1615 for the purpose of conducting research and training in a 1616 diagnostic and therapeutic setting for persons suffering from 1617 Alzheimer’s disease and related memory disorders. However, 1618 memory disorder clinics funded as of June 30, 1995, shall not 1619 receive decreased funding due solely to subsequent additions of 1620 memory disorder clinics in this subsection. 1621 Reviser’s note.—Section 4, ch. 2014-163, Laws of Florida, 1622 amended paragraph (1)(e) but did not publish the flush left 1623 language at the end of the subsection. Absent affirmative 1624 evidence of legislative intent to repeal it, subsection (1) 1625 is reenacted to confirm that the omission was not intended. 1626 Section 54. Paragraph (a) of subsection (4) of section 1627 456.039, Florida Statutes, is amended to read: 1628 456.039 Designated health care professionals; information 1629 required for licensure.— 1630 (4)(a) An applicant for initial licensure must submit a set 1631 of fingerprints to the Department of Health in accordance with 1632 s. 458.311,s. 458.3115,s. 458.3124, s. 458.313,s. 459.0055, 1633 s. 460.406, or s. 461.006. 1634 Reviser’s note.—Amended to facilitate correct interpretation; 1635 ss. 458.3115, 458.3124, and 458.313 do not reference the 1636 submission of fingerprints. 1637 Section 55. Paragraphs (h) and (i) of subsection (5) of 1638 section 456.074, Florida Statutes, are amended to read: 1639 456.074 Certain health care practitioners; immediate 1640 suspension of license.— 1641 (5) The department shall issue an emergency order 1642 suspending the license of a massage therapist or establishment 1643 as defined in chapter 480 upon receipt of information that the 1644 massage therapist, a person with an ownership interest in the 1645 establishment, or, for a corporation that has more than $250,000 1646 of business assets in this state, the owner, officer, or 1647 individual directly involved in the management of the 1648 establishment has been convicted or found guilty of, or has 1649 entered a plea of guilty or nolo contendere to, regardless of 1650 adjudication, a felony offense under any of the following 1651 provisions of state law or a similar provision in another 1652 jurisdiction: 1653 (h) Former s.Section796.03, relating to procuring a 1654 person under the age of 18 for prostitution. 1655 (i) Former s.Section796.035, relating to the selling or 1656 buying of minors into prostitution. 1657 Reviser’s note.—Amended to conform to the repeal of ss. 796.03 1658 and 796.035 by s. 10, ch. 2014-160, Laws of Florida. 1659 Section 56. Section 479.03, Florida Statutes, is amended to 1660 read: 1661 479.03 Jurisdiction of the Department of Transportation; 1662 entry upon privately owned lands.—The territory under the 1663 jurisdiction of the department for the purpose of this chapter 1664 includes all the state. Employees, agents, or independent 1665 contractors working for the department, in the performance of 1666 their functions and duties under the provisions of this chapter, 1667 may enter into and upon any land upon which a sign is displayed, 1668 is proposed to be erected, or is being erected and make such 1669 inspections, surveys, and removals as may be relevant. Upon 1670 written notice to the landowner, operator, or person in charge 1671 of anyanintervening privately owned land that the removal of 1672 an illegal outdoor advertising sign is necessary and has been 1673 authorized by a final order or results from an uncontested 1674 notice to the sign owner, the department may enter upon any 1675 intervening privately owned lands for the purposes of 1676 effectuating removal of illegal signs. The department may enter 1677 intervening privately owned lands only in circumstances where it 1678 has determined that other legal or economically feasible means 1679 of entry to the sign site are not reasonably available. Except 1680 as otherwise provided by this chapter, the department is 1681 responsible for the repair or replacement in a like manner for 1682 any physical damage or destruction of private property, other 1683 than the sign, incidental to the department’s entry upon such 1684 intervening privately owned lands. 1685 Reviser’s note.—Amended to conform to context and facilitate 1686 correct interpretation. 1687 Section 57. Subsection (16) of section 479.16, Florida 1688 Statutes, as amended by section 18 of chapter 2014-215, Laws of 1689 Florida, and section 39 of chapter 2014-223, Laws of Florida, is 1690 amended to read: 1691 479.16 Signs for which permits are not required.—The 1692 following signs are exempt from the requirement that a permit 1693 for a sign be obtained under this chapter but are required to 1694 comply with s. 479.11(4)-(8), and the provisions of subsections 1695 (15)-(19) may not be implemented or continued if the Federal 1696 Government notifies the department that implementation or 1697 continuation will adversely affect the allocation of federal 1698 funds to the department: 1699 (16) Signs placed by a local tourist-oriented business 1700 located within a rural area of opportunitycritical economic1701concernas defined in s. 288.0656(2) which are: 1702 (a) Not more than 8 square feet in size or more than 4 feet 1703 in height; 1704 (b) Located only in rural areas on a facility that does not 1705 meet the definition of a limited access facility, as defined in 1706 s. 334.03; 1707 (c) Located within 2 miles of the business location and at 1708 least 500 feet apart; 1709 (d) Located only in two directions leading to the business; 1710 and 1711 (e) Not located within the road right-of-way. 1712 1713 A business placing such signs must be at least 4 miles from any 1714 other business using this exemption and may not participate in 1715 any other directional signage program by the department. 1716 1717 If the exemptions in subsections (15)-(19) are not implemented 1718 or continued due to notification from the Federal Government 1719 that the allocation of federal funds to the department will be 1720 adversely impacted, the department shall provide notice to the 1721 sign owner that the sign must be removed within 30 days after 1722 receipt of the notice. If the sign is not removed within 30 days 1723 after receipt of the notice by the sign owner, the department 1724 may remove the sign, and the costs incurred in connection with 1725 the sign removal shall be assessed against and collected from 1726 the sign owner. 1727 Reviser’s note.—Amended to conform to the fact that the term 1728 “rural area of critical economic concern” was changed to 1729 “rural area of opportunity” in s. 288.0656 by s. 33, ch. 1730 2014-218, Laws of Florida. 1731 Section 58. Subsection (15) of section 479.16, Florida 1732 Statutes, as amended by section 11 of chapter 2014-169, Laws of 1733 Florida, is amended to read: 1734 479.16 Signs for which permits are not required.—Signs 1735 placed on benches, transit shelters, modular news racks, street 1736 light poles, public pay telephones, and waste disposal 1737 receptacles within the right-of-way, as provided under s. 1738 337.408, are exempt from this chapter. The following signs are 1739 exempt from the requirement that a permit be obtained under this 1740 chapter but must comply with s. 479.11(4)-(8): 1741 (15) Signs placed by a local tourist-oriented business 1742 located within a rural area of opportunitycritical economic1743concernas defined in s. 288.0656(2) which are: 1744 (a) Not more than 8 square feet in size or not more than 4 1745 feet in height; 1746 (b) Located only in rural areas on a facility that does not 1747 meet the definition of a limited access facility as defined by 1748 department rule; 1749 (c) Located within 2 miles of the business location and at 1750 least 500 feet apart; 1751 (d) Located only in two directions leading to the business; 1752 and 1753 (e) Not located within the road right-of-way. 1754 1755 A business placing such signs must be at least 4 miles from any 1756 other business using this exemption and may not participate in 1757 any other directional signage program by the department. 1758 1759 The exemptions in subsections (14)-(18) may not be implemented 1760 or continued if the Federal Government notifies the department 1761 that implementation or continuation will adversely impact the 1762 allocation of federal funds to the department. If the exemptions 1763 in subsections (14)-(18) are not implemented or continued due to 1764 notification from the Federal Government that the allocation of 1765 federal funds to the department will be adversely impacted, the 1766 department shall provide notice to the sign owner that the sign 1767 must be removed within 30 days. If the sign is not removed 1768 within 30 days after receipt of the notice by the sign owner, 1769 the department may remove the sign, and the costs incurred in 1770 connection with the sign removal shall be assessed against and 1771 collected from the sign owner. 1772 Reviser’s note.—Amended to conform to the fact that the term 1773 “rural area of critical economic concern” was changed to 1774 “rural area of opportunity” in s. 288.0656 by s. 33, ch. 1775 2014-218, Laws of Florida. 1776 Section 59. Paragraphs (h) and (i) of subsection (7) of 1777 section 480.041, Florida Statutes, are amended to read: 1778 480.041 Massage therapists; qualifications; licensure; 1779 endorsement.— 1780 (7) The board shall deny an application for a new or 1781 renewal license if an applicant has been convicted or found 1782 guilty of, or enters a plea of guilty or nolo contendere to, 1783 regardless of adjudication, a felony offense under any of the 1784 following provisions of state law or a similar provision in 1785 another jurisdiction: 1786 (h) Former s.Section796.03, relating to procuring a 1787 person under the age of 18 for prostitution. 1788 (i) Former s.Section796.035, relating to the selling or 1789 buying of minors into prostitution. 1790 Reviser’s note.—Amended to conform to the repeal of ss. 796.03 1791 and 796.035 by s. 10, ch. 2014-160, Laws of Florida. 1792 Section 60. Paragraphs (h) and (i) of subsection (8) of 1793 section 480.043, Florida Statutes, are amended to read: 1794 480.043 Massage establishments; requisites; licensure; 1795 inspection.— 1796 (8) The department shall deny an application for a new or 1797 renewal license if a person with an ownership interest in the 1798 establishment or, for a corporation that has more than $250,000 1799 of business assets in this state, the owner, officer, or 1800 individual directly involved in the management of the 1801 establishment has been convicted or found guilty of, or entered 1802 a plea of guilty or nolo contendere to, regardless of 1803 adjudication, a felony offense under any of the following 1804 provisions of state law or a similar provision in another 1805 jurisdiction: 1806 (h) Former s.Section796.03, relating to procuring a 1807 person under the age of 18 for prostitution. 1808 (i) Former s.Section796.035, relating to selling or 1809 buying of minors into prostitution. 1810 Reviser’s note.—Amended to conform to the repeal of ss. 796.03 1811 and 796.035 by s. 10, ch. 2014-160, Laws of Florida. 1812 Section 61. Paragraph (a) of subsection (7) of section 1813 482.161, Florida Statutes, is amended to read: 1814 482.161 Disciplinary grounds and actions; reinstatement.— 1815 (7) The department, pursuant to chapter 120, in addition to 1816 or in lieu of any other remedy provided by state or local law, 1817 may impose an administrative fine in the Class II category 1818 pursuant to s. 570.971 for a violation of this chapter or of the 1819 rules adopted pursuant to this chapter. In determining the 1820 amount of fine to be levied for a violation, the following 1821 factors shall be considered: 1822 (a) The severity of the violation, including the 1823 probability that the death, or serious harm to the health or 1824 safety, of any person will result or has resulted; the severity 1825 of the actual or potential harm; and the extent to which this 1826 chapter orofthe rules adopted pursuant to this chapter were 1827 violated; 1828 Reviser’s note.—Amended to confirm the editorial deletion of the 1829 word “of.” 1830 Section 62. Subsection (7) of section 487.2031, Florida 1831 Statutes, is amended to read: 1832 487.2031 Definitions.—For the purposes of this part, the 1833 term: 1834 (7) “Retaliatory action” means an action, such as 1835 dismissal, demotion, harassment, blacklisting with other 1836 employers, reducing pay or work hours, or taking away company 1837 housing, that is taken by any agricultural employer against a 1838 worker who exercises any right under the provisions of the 1839 United States Environmental Protection Agency Worker Protection 1840 Standard, 40 C.F.R. s. 170.7(b)40 C.F.R.s. 1707(b), or this 1841 part. 1842 Reviser’s note.—Amended to conform to context and facilitate 1843 correct interpretation; 40 C.F.R. s. 170.7(b) references 1844 retaliatory actions, and 40 C.F.R. s. 1707 does not exist. 1845 Section 63. Paragraph (f) of subsection (1) of section 1846 499.84, Florida Statutes, is amended to read: 1847 499.84 Minimum requirements for the storage and handling of 1848 medical gases.— 1849 (1) A facility where a medical gas is received, stored, 1850 warehoused, handled, held, offered, marketed, displayed, or 1851 transported, to avoid any negative effect on the identity, 1852 strength, quality, or purity of the medical gas, must: 1853 (f) Be located in a commercial location and not in a 1854 personal dwelling or residence location, except forthata 1855 personal dwelling location used for on-call delivery of oxygen 1856 USP for home care use if the person providing on-call delivery 1857 is employed by or acting under a written contract with an entity 1858 that holds a medical oxygen retailer permit; 1859 Reviser’s note.—Amended to confirm the editorial substitution of 1860 the word “for” for the word “that” to facilitate correct 1861 interpretation. 1862 Section 64. Subsection (6) of section 499.91, Florida 1863 Statutes, is amended to read: 1864 499.91 Prohibited acts.—A person may not perform or cause 1865 the performance of, or aid and abet in, any of the following 1866 acts: 1867 (6) The knowing and willful sale or transfer of a medical 1868 gas to a recipient who is not legally authorized to receive a 1869 medical gas, except that a violation does not exist if a 1870 permitted wholesale distributor provides oxygen to a permitted 1871 medical oxygen retail establishment that is out of compliance 1872 with the notice of location change requirements of s. 1873 499.833(3)(a)499.834, provided that the wholesale distributor 1874 with knowledge of the violation notifies the department of the 1875 transaction by the next business day. 1876 Reviser’s note.—Amended to correct a cross-reference. Section 1877 499.833(3)(a) references the change of location 1878 notification requirement; s. 499.834 references minimum 1879 qualifications for a permit. 1880 Section 65. Paragraph (c) of subsection (1) of section 1881 499.92, Florida Statutes, is amended to read: 1882 499.92 Criminal acts.— 1883 (1) A person commits a felony of the third degree, 1884 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 1885 if he or she: 1886 (c) Knowingly engages in the wholesale distribution of, or 1887 sells, barters, brokers, or transfers, a medical gas to a person 1888 not legally authorized to purchase or receive medical gas in the 1889 jurisdiction in which the person receives the medical gas. A 1890 permitted wholesale distributor that provides oxygen to a 1891 permitted medical oxygen retail establishment that is out of 1892 compliance with only the change of location notice requirement 1893 under s. 499.833(3)(a)499.834does not commit a violation of 1894 this paragraph if the wholesale distributor notifies the 1895 department of the transaction no later than the next business 1896 day; or 1897 Reviser’s note.—Amended to correct a cross-reference. Section 1898 499.833(3)(a) references the change of location 1899 notification requirement; s. 499.834 references minimum 1900 qualifications for a permit. 1901 Section 66. Subsection (2) of section 509.032, Florida 1902 Statutes, is reenacted to read: 1903 509.032 Duties.— 1904 (2) INSPECTION OF PREMISES.— 1905 (a) The division has jurisdiction and is responsible for 1906 all inspections required by this chapter. The division is 1907 responsible for quality assurance. The division shall inspect 1908 each licensed public lodging establishment at least biannually, 1909 except for transient and nontransient apartments, which shall be 1910 inspected at least annually. Each establishment licensed by the 1911 division shall be inspected at such other times as the division 1912 determines is necessary to ensure the public’s health, safety, 1913 and welfare. The division shall, by no later than July 1, 2014, 1914 adopt by rule a risk-based inspection frequency for each 1915 licensed public food service establishment. The rule must 1916 require at least one, but not more than four, routine 1917 inspections that must be performed annually, and may include 1918 guidelines that consider the inspection and compliance history 1919 of a public food service establishment, the type of food and 1920 food preparation, and the type of service. The division shall 1921 annually reassess the inspection frequency of all licensed 1922 public food service establishments. Public lodging units 1923 classified as vacation rentals or timeshare projects are not 1924 subject to this requirement but shall be made available to the 1925 division upon request. If, during the inspection of a public 1926 lodging establishment classified for renting to transient or 1927 nontransient tenants, an inspector identifies vulnerable adults 1928 who appear to be victims of neglect, as defined in s. 415.102, 1929 or, in the case of a building that is not equipped with 1930 automatic sprinkler systems, tenants or clients who may be 1931 unable to self-preserve in an emergency, the division shall 1932 convene meetings with the following agencies as appropriate to 1933 the individual situation: the Department of Health, the 1934 Department of Elderly Affairs, the area agency on aging, the 1935 local fire marshal, the landlord and affected tenants and 1936 clients, and other relevant organizations, to develop a plan 1937 that improves the prospects for safety of affected residents 1938 and, if necessary, identifies alternative living arrangements 1939 such as facilities licensed under part II of chapter 400 or 1940 under chapter 429. 1941 (b) For purposes of performing required inspections and the 1942 enforcement of this chapter, the division has the right of entry 1943 and access to public lodging establishments and public food 1944 service establishments at any reasonable time. 1945 (c) Public food service establishment inspections shall be 1946 conducted to enforce provisions of this part and to educate, 1947 inform, and promote cooperation between the division and the 1948 establishment. 1949 (d) The division shall adopt and enforce sanitation rules 1950 consistent with law to ensure the protection of the public from 1951 food-borne illness in those establishments licensed under this 1952 chapter. These rules shall provide the standards and 1953 requirements for obtaining, storing, preparing, processing, 1954 serving, or displaying food in public food service 1955 establishments, approving public food service establishment 1956 facility plans, conducting necessary public food service 1957 establishment inspections for compliance with sanitation 1958 regulations, cooperating and coordinating with the Department of 1959 Health in epidemiological investigations, and initiating 1960 enforcement actions, and for other such responsibilities deemed 1961 necessary by the division. The division may not establish by 1962 rule any regulation governing the design, construction, 1963 erection, alteration, modification, repair, or demolition of any 1964 public lodging or public food service establishment. It is the 1965 intent of the Legislature to preempt that function to the 1966 Florida Building Commission and the State Fire Marshal through 1967 adoption and maintenance of the Florida Building Code and the 1968 Florida Fire Prevention Code. The division shall provide 1969 technical assistance to the commission in updating the 1970 construction standards of the Florida Building Code which govern 1971 public lodging and public food service establishments. Further, 1972 the division shall enforce the provisions of the Florida 1973 Building Code which apply to public lodging and public food 1974 service establishments in conducting any inspections authorized 1975 by this part. The division, or its agent, shall notify the local 1976 firesafety authority or the State Fire Marshal of any readily 1977 observable violation of a rule adopted under chapter 633 which 1978 relates to public lodging establishments or public food 1979 establishments, and the identification of such violation does 1980 not require any firesafety inspection certification. 1981 (e)1. Relating to facility plan approvals, the division may 1982 establish, by rule, fees for conducting plan reviews and may 1983 grant variances from construction standards in hardship cases, 1984 which variances may be less restrictive than the provisions 1985 specified in this section or the rules adopted under this 1986 section. A variance may not be granted pursuant to this section 1987 until the division is satisfied that: 1988 a. The variance shall not adversely affect the health of 1989 the public. 1990 b. No reasonable alternative to the required construction 1991 exists. 1992 c. The hardship was not caused intentionally by the action 1993 of the applicant. 1994 2. The division’s advisory council shall review 1995 applications for variances and recommend agency action. The 1996 division shall make arrangements to expedite emergency requests 1997 for variances, to ensure that such requests are acted upon 1998 within 30 days of receipt. 1999 3. The division shall establish, by rule, a fee for the 2000 cost of the variance process. Such fee shall not exceed $150 for 2001 routine variance requests and $300 for emergency variance 2002 requests. 2003 (f) In conducting inspections of establishments licensed 2004 under this chapter, the division shall determine if each coin 2005 operated amusement machine that is operated on the premises of a 2006 licensed establishment is properly registered with the 2007 Department of Revenue. Each month the division shall report to 2008 the Department of Revenue the sales tax registration number of 2009 the operator of any licensed establishment that has on location 2010 a coin-operated amusement machine and that does not have an 2011 identifying certificate conspicuously displayed as required by 2012 s. 212.05(1)(h). 2013 (g) In inspecting public food service establishments, the 2014 department shall provide each inspected establishment with the 2015 food-recovery brochure developed under s. 595.420. 2016 Reviser’s note.—Section 2, ch. 2014-133, Laws of Florida, 2017 amended paragraph (2)(a) but inadvertently failed to 2018 incorporate the amendment made to the paragraph by s. 1, 2019 ch. 2013-147, Laws of Florida, which became effective on 2020 July 1, 2014. Since there was no intent to set aside the 2021 amendment by s. 1, ch. 2013-147, subsection (2) is 2022 reenacted to confirm that the omission was not intended. 2023 Section 67. Subsection (5) of section 514.0115, Florida 2024 Statutes, is amended to read: 2025 514.0115 Exemptions from supervision or regulation; 2026 variances.— 2027 (5) The department may grant variances from any rule 2028 adopted under this chapter pursuant to procedures adopted by 2029 department rule. The department may also grant, pursuant to 2030 procedures adopted by department rule, variances from the 2031 provisions of the Florida Building Code specifically pertaining 2032 to public swimming pools and bathing places when requested by 2033 the pool owner or the pool owner’stheirrepresentative to 2034 relieve hardship in cases involving deviations from the Florida 2035 Building Code provisions, when it is shown that the hardship was 2036 not caused intentionally by the action of the applicant, where 2037 no reasonable alternative exists, and the health and safety of 2038 the pool patrons is not at risk. 2039 Reviser’s note.—Amended to conform to the immediately preceding 2040 context. 2041 Section 68. Paragraph (h) of subsection (2) of section 2042 538.03, Florida Statutes, is amended to read: 2043 538.03 Definitions; applicability.— 2044 (2) This chapter does not apply to: 2045 (h) Any person who sells household personal property as an 2046 agent for the property owner or the property owner’stheir2047 representative pursuant to a written agreement at that person’s 2048 residence. 2049 Reviser’s note.—Amended to conform to the immediately preceding 2050 context. 2051 Section 69. Subsection (8) of section 539.001, Florida 2052 Statutes, is reenacted to read: 2053 539.001 The Florida Pawnbroking Act.— 2054 (8) PAWNBROKER TRANSACTION FORM.— 2055 (a) At the time the pawnbroker enters into any pawn or 2056 purchase transaction, the pawnbroker shall complete a pawnbroker 2057 transaction form for such transaction, including an indication 2058 of whether the transaction is a pawn or a purchase, and the 2059 pledgor or seller shall sign such completed form. The agency 2060 must approve the design and format of the pawnbroker transaction 2061 form, which must be 8 1/2 inches x 11 inches in size and elicit 2062 the information required under this section. In completing the 2063 pawnbroker transaction form, the pawnbroker shall record the 2064 following information, which must be typed or written indelibly 2065 and legibly in English. 2066 (b) The front of the pawnbroker transaction form must 2067 include: 2068 1. The name and address of the pawnshop. 2069 2. A complete and accurate description of the pledged goods 2070 or purchased goods, including the following information, if 2071 applicable: 2072 a. Brand name. 2073 b. Model number. 2074 c. Manufacturer’s serial number. 2075 d. Size. 2076 e. Color, as apparent to the untrained eye. 2077 f. Precious metal type, weight, and content, if known. 2078 g. Gemstone description, including the number of stones. 2079 h. In the case of firearms, the type of action, caliber or 2080 gauge, number of barrels, barrel length, and finish. 2081 i. Any other unique identifying marks, numbers, names, or 2082 letters. 2083 2084 Notwithstanding sub-subparagraphs a.-i., in the case of multiple 2085 items of a similar nature delivered together in one transaction 2086 which do not bear serial or model numbers and which do not 2087 include precious metal or gemstones, such as musical or video 2088 recordings, books, and hand tools, the description of the items 2089 is adequate if it contains the quantity of items and a 2090 description of the type of items delivered. 2091 3. The name, address, home telephone number, place of 2092 employment, date of birth, physical description, and right 2093 thumbprint of the pledgor or seller. 2094 4. The date and time of the transaction. 2095 5. The type of identification accepted from the pledgor or 2096 seller, including the issuing agency and the identification 2097 number. 2098 6. In the case of a pawn: 2099 a. The amount of money advanced, which must be designated 2100 as the amount financed; 2101 b. The maturity date of the pawn, which must be 30 days 2102 after the date of the pawn; 2103 c. The default date of the pawn and the amount due on the 2104 default date; 2105 d. The total pawn service charge payable on the maturity 2106 date, which must be designated as the finance charge; 2107 e. The amount financed plus the finance charge that must be 2108 paid to redeem the pledged goods on the maturity date, which 2109 must be designated as the total of payments; 2110 f. The annual percentage rate, computed according to the 2111 regulations adopted by the Federal Reserve Board under the 2112 federal Truth in Lending Act; and 2113 g. The front or back of the pawnbroker transaction form 2114 must include a statement that: 2115 (I) Any personal property pledged to a pawnbroker within 2116 this state which is not redeemed within 30 days following the 2117 maturity date of the pawn, if the 30th day is not a business 2118 day, then the following business day, is automatically forfeited 2119 to the pawnbroker, and absolute right, title, and interest in 2120 and to the property vests in and is deemed conveyed to the 2121 pawnbroker by operation of law, and no further notice is 2122 necessary; 2123 (II) The pledgor is not obligated to redeem the pledged 2124 goods; and 2125 (III) If the pawnbroker transaction form is lost, 2126 destroyed, or stolen, the pledgor must immediately advise the 2127 issuing pawnbroker in writing by certified or registered mail, 2128 return receipt requested, or in person evidenced by a signed 2129 receipt. 2130 (IV) A pawn may be extended upon mutual agreement of the 2131 parties. 2132 7. In the case of a purchase, the amount of money paid for 2133 the goods or the monetary value assigned to the goods in 2134 connection with the transaction. 2135 8. A statement that the pledgor or seller of the item 2136 represents and warrants that it is not stolen, that it has no 2137 liens or encumbrances against it, and that the pledgor or seller 2138 is the rightful owner of the goods and has the right to enter 2139 into the transaction. Any person who knowingly gives false 2140 verification of ownership or gives a false or altered 2141 identification and who receives money from a pawnbroker for 2142 goods sold or pledged commits: 2143 a. If the value of the money received is less than $300, a 2144 felony of the third degree, punishable as provided in s. 2145 775.082, s. 775.083, or s. 775.084. 2146 b. If the value of the money received is $300 or more, a 2147 felony of the second degree, punishable as provided in s. 2148 775.082, s. 775.083, or s. 775.084. 2149 (c) A pawnbroker transaction form must provide a space for 2150 the imprint of the right thumbprint of the pledgor or seller and 2151 a blank line for the signature of the pledgor or seller. 2152 (d) At the time of the pawn or purchase transaction, the 2153 pawnbroker shall deliver to the pledgor or seller an exact copy 2154 of the completed pawnbroker transaction form. 2155 Reviser’s note.—Section 17, ch. 2014-147, Laws of Florida, 2156 purported to amend paragraphs (4)(a), (7)(b) and (d), and 2157 (8)(b) but did not publish paragraph (8)(b). Absent 2158 affirmative evidence of legislative intent to repeal it, 2159 subsection (8) is reenacted to confirm that the omission 2160 was not intended. 2161 Section 70. Subsection (43) of section 570.07, Florida 2162 Statutes, is amended to read: 2163 570.07 Department of Agriculture and Consumer Services; 2164 functions, powers, and duties.—The department shall have and 2165 exercise the following functions, powers, and duties: 2166 (43) In cooperation with the Institute of Food and 2167 Agricultural Sciences at the University of Florida and the 2168 College of Agriculture and Food Sciences at the Florida 2169 Agricultural and Mechanical University, to annually provide to 2170 the State Board of Education and the Department of Education 2171 information and industry certifications for farm occupations to 2172 be considered for placement on the CAPE Industry Certification 2173 Funding List and the CAPE Postsecondary Industry Certification 2174 Funding List pursuant to s. 1008.44. Information and industry 2175 certifications provided by the department must be based upon the 2176 best available data. 2177 Reviser’s note.—Amended to insert the word “CAPE” to conform to 2178 the complete names of the funding lists in s. 1008.44 as 2179 amended by s. 12, ch. 2014-184, Laws of Florida. 2180 Section 71. Subsection (2) of section 570.482, Florida 2181 Statutes, is amended to read: 2182 570.482 Citrus Inspection Trust Fund.— 2183 (2) Funds to be credited to and uses of the trust fund 2184 shall be administered in accordance with ss.570.481,573.118, 2185 581.091, 601.28, 601.281,and601.59, and 603.011. 2186 Reviser’s note.—Amended to conform to the redesignation of s. 2187 570.481 as s. 603.011 by s. 90, ch. 2014-150, Laws of 2188 Florida. 2189 Section 72. Paragraph (c) of subsection (1) of section 2190 597.020, Florida Statutes, is amended to read: 2191 597.020 Shellfish processors; regulation.— 2192 (1) The department may: 2193 (c) License or certify, for a fee determined by rule, 2194 facilities used for processing oysters, clams, mussels, 2195 scallops, and crabs, and may levy an administrative fine in the 2196 Class I category pursuant to s. 570.971 for each violation, for 2197 each day the violation exists, ortosuspend or revoke such 2198 licenses or certificates upon satisfactory evidence of a 2199 violation of rules adopted pursuant to this section, andto2200 seize and destroy any adulterated or misbranded shellfish 2201 products as defined by rule. 2202 Reviser’s note.—Amended to confirm the editorial deletions of 2203 the word “to” to improve clarity. 2204 Section 73. Subsection (3) of section 605.0712, Florida 2205 Statutes, is amended to read: 2206 605.0712 Other claims against a dissolved limited liability 2207 company.— 2208 (3) A claim that is not barred by this section, s. 605.0711 2209608.0711, or another statute limiting actions, may be enforced: 2210 (a) Against a dissolved limited liability company, to the 2211 extent of its undistributed assets; and 2212 (b) Except as otherwise provided in s. 605.0713, if assets 2213 of the limited liability company have been distributed after 2214 dissolution, against a member or transferee to the extent of 2215 that person’s proportionate share of the claim or of the 2216 company’s assets distributed to the member or transferee after 2217 dissolution, whichever is less, but a person’s total liability 2218 for all claims under this subsection may not exceed the total 2219 amount of assets distributed to the person after dissolution. 2220 Reviser’s note.—Amended to correct an apparent error and conform 2221 to the fact that chapter 608, the Florida Limited Liability 2222 Company Act, repealed by s. 5, ch. 2013-180, Laws of 2223 Florida, did not contain a s. 608.0711. Section 2, ch. 2224 2013-180, created the Florida Revised Limited Liability 2225 Company Act; s. 605.0711 contains language relating to 2226 barred claims. 2227 Section 74. Subsection (2) of section 605.0805, Florida 2228 Statutes, is amended to read: 2229 605.0805 Proceeds and expenses.— 2230 (2) If a derivative action under s. 605.0802608.0802is 2231 successful in whole or in part, the court may award the 2232 plaintiff reasonable expenses, including reasonable attorney 2233 fees and costs, from the recovery of the limited liability 2234 company. 2235 Reviser’s note.—Amended to correct an apparent error and conform 2236 to the fact that chapter 608, the Florida Limited Liability 2237 Company Act, repealed by s. 5, ch. 2013-180, Laws of 2238 Florida, did not contain a s. 608.0802. Section 2, ch. 2239 2013-180, created the Florida Revised Limited Liability 2240 Company Act; s. 605.0802 contains language relating to 2241 derivative actions. 2242 Section 75. Paragraph (e) of subsection (1) of section 2243 624.523, Florida Statutes, is amended to read: 2244 624.523 Insurance Regulatory Trust Fund.— 2245 (1) There is created in the State Treasury a trust fund 2246 designated “Insurance Regulatory Trust Fund” to which shall be 2247 credited all payments received on account of the following 2248 items: 2249 (e) All payments received on account of items provided for 2250 under respective provisions of s. 624.501, as follows: 2251 1. Subsection (1) (certificate of authority of insurer). 2252 2. Subsection (2) (charter documents of insurer). 2253 3. Subsection (3) (annual license tax of insurer). 2254 4. Subsection (4) (annual statement of insurer). 2255 5. Subsection (5) (application fee for insurance 2256 representatives). 2257 6. The “appointment fee” portion of any appointment 2258 provided for under paragraphs (6)(a) and (b) (insurance 2259 representatives, property, marine, casualty and surety 2260 insurance, and agents). 2261 7. Paragraph (6)(c) (nonresident agents). 2262 8. Paragraph (6)(d) (service representatives). 2263 9. The “appointment fee” portion of any appointment 2264 provided for under paragraph (7)(a) (life insurance agents, 2265 original appointment, and renewal or continuation of 2266 appointment). 2267 10. Paragraph (7)(b) (nonresident agent license). 2268 11. The “appointment fee” portion of any appointment 2269 provided for under paragraph (8)(a) (health insurance agents, 2270 agent’s appointment, and renewal or continuation fee). 2271 12. Paragraph (8)(b) (nonresident agent appointment). 2272 13. The “appointment fee” portion of any appointment 2273 provided for under subsections (9) and (10) (limited licenses 2274 and fraternal benefit society agents). 227514. Subsection (11) (vending machines).2276 14.15.Subsection (11)(12)(surplus lines agent). 2277 15.16.Subsection (12)(13)(adjusters’ appointment). 2278 16.17.Subsection (13)(14)(examination fee). 2279 17.18.Subsection (14)(15)(temporary license and 2280 appointment as agent or adjuster). 2281 18.19.Subsection (15)(16)(reissuance, reinstatement, 2282 etc.). 2283 19.20.Subsection (16)(17)(additional license 2284 continuation fees). 2285 20.21.Subsection (17)(18)(filing application for permit 2286 to form insurer). 2287 21.22.Subsection (18)(19)(license fee of rating 2288 organization). 2289 22.23.Subsection (19)(20)(miscellaneous services). 2290 23.24.Subsection (20)(21)(insurance agencies). 2291 Reviser’s note.—Amended to conform to the repeal of s. 2292 624.501(11) by s. 2, ch. 2001-142, Laws of Florida. 2293 Section 76. Paragraph (g) of subsection (5) of section 2294 625.1212, Florida Statutes, is amended to read: 2295 625.1212 Valuation of policies and contracts issued on or 2296 after the operative date of the valuation manual.— 2297 (5) MINIMUM STANDARD OF VALUATION.— 2298 (g) An insurer that adopted a standard of valuation 2299 producing greater aggregate reserves than those calculated 2300 according to the minimum standard provided under this section 2301 may, with the approval of the office, adopt a lower standard of 2302 valuation, but such standard may not be lower than the minimum 2303 provided in this subsection. For purposes of this subsection, 2304 holding additional reserves previously determined by an 2305 appointed actuary to be necessary to render the opinion required 2306 by subsection (4)(3)may not be deemed to be the adoption of a 2307 higher standard of valuation. 2308 Reviser’s note.—Amended to correct an apparent error and 2309 facilitate correct interpretation. The requirement that 2310 each insurer must annually submit the opinion of a 2311 qualified actuary is found in subsection (4). Subsection 2312 (3) contains information on reserve valuations. 2313 Section 77. Subsection (3) of section 626.0428, Florida 2314 Statutes, is amended to read: 2315 626.0428 Agency personnel powers, duties, and limitations.— 2316 (3) An employee or an authorized representative located at 2317 a designated branch of an agent or agency may not initiate 2318 contact with any person for the purpose of soliciting insurance 2319 unless licensed and appointed as an agent or customer 2320 representative. As to title insurance, an employee of an agent 2321 or agency may not initiate contact with any individual proposed 2322 insured for the purpose of soliciting title insurance unless 2323 licensed as a title insurance agent or exempt from such 2324 licensure pursuant to s. 626.8417(4) and (5). 2325 Reviser’s note.—Amended to conform to the redesignation of s. 2326 626.8417(4), which contained paragraphs (a), (b), and (c), 2327 as s. 626.8417(4), (5), and (6), respectively, by s. 7, ch. 2328 2014-112, Laws of Florida, and to conform to context. 2329 Former paragraphs (4)(a) and (b), now subsections (4) and 2330 (5), contained exemptions; paragraph (4)(c), now subsection 2331 (6), did not. 2332 Section 78. Paragraph (d) of subsection (3) of section 2333 627.062, Florida Statutes, is amended to read: 2334 627.062 Rate standards.— 2335 (3) 2336 (d)1. The following categories or kinds of insurance and 2337 types of commercial lines risks are not subject to paragraph 2338 (2)(a) or paragraph (2)(f): 2339 a. Excess or umbrella. 2340 b. Surety and fidelity. 2341 c. Boiler and machinery and leakage and fire extinguishing 2342 equipment. 2343 d. Errors and omissions. 2344 e. Directors and officers, employment practices, fiduciary 2345 liability, and management liability. 2346 f. Intellectual property and patent infringement liability. 2347 g. Advertising injury and Internet liability insurance. 2348 h. Property risks rated under a highly protected risks 2349 rating plan. 2350 i. General liability. 2351 j. Nonresidential property, except for collateral 2352 protection insurance as defined in s. 624.6085. 2353 k. Nonresidential multiperil. 2354 l. Excess property. 2355 m. Burglary and theft. 2356 n. Medical malpractice for a facility that is not a 2357 hospital licensed under chapter 395, a nursing home licensed 2358 under part II of chapter 400, or an assisted living facility 2359 licensed under part I of chapter 429. 2360 o. Medical malpractice for a health care practitioner who 2361 is not a dentist licensed under chapter 466, a physician 2362 licensed under chapter 458, an osteopathic physician licensed 2363 under chapter 459, a chiropractic physician licensed under 2364 chapter 460, a podiatric physician licensed under chapter 461, a 2365 pharmacist licensed under chapter 465, or a pharmacy technician 2366 registered under chapter 465. 2367 p. Any other commercial lines categories or kinds of 2368 insurance or types of commercial lines risks that the office 2369 determines should not be subject to paragraph (2)(a) or 2370 paragraph (2)(f) because of the existence of a competitive 2371 market for such insurance or,similarity of such insurance to 2372 other categories or kinds of insurance not subject to paragraph 2373 (2)(a) or paragraph (2)(f), or to improve the general 2374 operational efficiency of the office. 2375 2. Insurers or rating organizations shall establish and use 2376 rates, rating schedules, or rating manuals to allow the insurer 2377 a reasonable rate of return on insurance and risks described in 2378 subparagraph 1. which are written in this state. 2379 3. An insurer shall notify the office of any changes to 2380 rates for insurance and risks described in subparagraph 1. 2381 within 30 days after the effective date of the change. The 2382 notice must include the name of the insurer, the type or kind of 2383 insurance subject to rate change, and the average statewide 2384 percentage change in rates. Actuarial data with regard to rates 2385 for such risks must be maintained by the insurer for 2 years 2386 after the effective date of changes to those rates and are 2387 subject to examination by the office. The office may require the 2388 insurer to incur the costs associated with an examination. Upon 2389 examination, the office, in accordance with generally accepted 2390 and reasonable actuarial techniques, shall consider the rate 2391 factors in paragraphs (2)(b), (c), and (d) and the standards in 2392 paragraph (2)(e) to determine if the rate is excessive, 2393 inadequate, or unfairly discriminatory. 2394 4. A rating organization shall notify the office of any 2395 changes to loss cost for insurance and risks described in 2396 subparagraph 1. within 30 days after the effective date of the 2397 change. The notice must include the name of the rating 2398 organization, the type or kind of insurance subject to a loss 2399 cost change, loss costs during the immediately preceding year 2400 for the type or kind of insurance subject to the loss cost 2401 change, and the average statewide percentage change in loss 2402 cost. Actuarial data with regard to changes to loss cost for 2403 risks not subject to paragraph (2)(a) or paragraph (2)(f) must 2404 be maintained by the rating organization for 2 years after the 2405 effective date of the change and are subject to examination by 2406 the office. The office may require the rating organization to 2407 incur the costs associated with an examination. Upon 2408 examination, the office, in accordance with generally accepted 2409 and reasonable actuarial techniques, shall consider the rate 2410 factors in paragraphs (2)(b)-(d) and the standards in paragraph 2411 (2)(e) to determine if the rate is excessive, inadequate, or 2412 unfairly discriminatory. 2413 Reviser’s note.—Amended to improve clarity. 2414 Section 79. Paragraph (e) of subsection (4) of section 2415 627.745, Florida Statutes, is amended to read: 2416 627.745 Mediation of claims.— 2417 (4) The department shall deny an application, or suspend or 2418 revoke its approval, of a mediator to serve in such capacity if 2419 the department finds that one or more of the following grounds 2420 exist: 2421 (e) Violation of any provision of this code or of a lawful 2422 order or rule of the department, violation of the Florida Rules 2423 forofCertified and Court-Appointed Mediators, or aiding, 2424 instructing, or encouraging another party in committing such a 2425 violation. 2426 2427 The department may adopt rules to administer this subsection. 2428 Reviser’s note.—Amended to confirm the editorial substitution of 2429 the word “for” for the word “of” to conform to the correct 2430 name of the Florida Rules for Certified and Court-Appointed 2431 Mediators. 2432 Section 80. Subsection (1) of section 627.797, Florida 2433 Statutes, is amended to read: 2434 627.797 Exempt agent list.— 2435 (1) Every insurer shall file with the department a list 2436 containing the name and address of each appointed agent who is 2437 exempt from licensure under s. 626.8417(4) and (5) and who 2438 issues or countersigns binders, commitments, title insurance 2439 policies, or guarantees of title. 2440 Reviser’s note.—Amended to conform to the redesignation of s. 2441 626.8417(4), which contained paragraphs (a), (b), and (c), 2442 as s. 626.8417(4), (5), and (6), respectively, by s. 7, ch. 2443 2014-112, Laws of Florida, and to conform to context. 2444 Former paragraphs (4)(a) and (b), now subsections (4) and 2445 (5), contained exemptions; paragraph (4)(c), now subsection 2446 (6), did not. 2447 Section 81. Effective October 1, 2015, paragraph (c) of 2448 subsection (10) of section 662.121, Florida Statutes, is amended 2449 to read: 2450 662.121 Application for licensed family trust company; 2451 fees.—An applicant seeking to operate as a licensed family trust 2452 company must file an application with the office on forms 2453 prescribed by the office, accompanied by a nonrefundable $10,000 2454 application fee to be deposited into the Financial Institutions’ 2455 Regulatory Trust Fund pursuant to s. 655.049 for the purpose of 2456 administering this chapter. The application must contain or be 2457 accompanied by: 2458 (10) A statement signed by the applicant, or by the 2459 individual signing on behalf of the proposed licensed family 2460 trust company, under penalty of perjury, affirming that the 2461 following statements are true: 2462 (c) No director, officer, manager, or member acting in a 2463 managerial capacity has been convicted of, or pled guilty or 2464 nolo contendere, regardless of whether adjudication of guilt is 2465 entered by the court, to a violation of the financial 2466 institutions codes, including s. 655.50, chapter 896, or similar 2467 state or federal law or related rule, or to a crime involving 2468 fraud, misrepresentation, or moral turpitude. 2469 Reviser’s note.—Amended to confirm the editorial insertion of 2470 the word “or.” 2471 Section 82. Effective October 1, 2015, subsection (3) of 2472 section 662.122, Florida Statutes, is amended to read: 2473 662.122 Registration of a family trust company or a foreign 2474 licensed family trust company.— 2475 (3) The registration application required under this 2476 section for a family trust company oranda foreign licensed 2477 family trust company must be accompanied by a nonrefundable 2478 registration fee of $5,000. 2479 Reviser’s note.—Amended to conform to context and facilitate 2480 correct interpretation. 2481 Section 83. Effective October 1, 2015, subsection (1) of 2482 section 662.1225, Florida Statutes, is amended to read: 2483 662.1225 Requirements for a family trust company, licensed 2484 family trust company, orandforeign licensed family trust 2485 company.— 2486 (1) A family trust company oranda licensed family trust 2487 company shall maintain: 2488 (a) A principal office physically located in this state 2489 where original or true copies of all records and accounts of the 2490 family trust company or licensed family trust company may be 2491 accessed and made readily available for examination by the 2492 office in accordance with this chapter. A family trust company 2493 or licensed family trust company may also maintain one or more 2494 branch offices within or outside of this state. 2495 (b) A registered agent who has an office in this state at 2496 the street address of the registered agent. 2497 (c) All applicable state and local business licenses, 2498 charters, and permits. 2499 (d) A deposit account with a state-chartered or national 2500 financial institution that has a principal or branch office in 2501 this state. 2502 Reviser’s note.—Amended to conform to context and facilitate 2503 correct interpretation. 2504 Section 84. Effective October 1, 2015, subsection (1) of 2505 section 662.130, Florida Statutes, is amended to read: 2506 662.130 Powers of family trust companies, licensed family 2507 trust companies, and foreign licensed family trust companies.— 2508 (1) A family trust company oranda licensed family trust 2509 company may, for its eligible members and individuals: 2510 (a) Act as a sole or copersonal representative, executor, 2511 or curator for probate estates being administered in a state or 2512 jurisdiction other than this state. 2513 (b) Act as an attorney in fact or agent under a power of 2514 attorney, other than a power of attorney governed by chapter 2515 709. 2516 (c) Except as provided in s. 662.131, act within or outside 2517 this state as a sole fiduciary or cofiduciary, including acting 2518 as a trustee, advisory agent, assignee, assignee for the benefit 2519 of creditors, authenticating agent, bailee, bond or indenture 2520 trustee, conservator, conversion agent, custodian, escrow agent, 2521 fiscal or paying agent, financial advisor, guardian, investment 2522 advisor or manager, managing agent, purchase agent, receiver, 2523 registrar, safekeeping or subscription agent, transfer agent, 2524 except for public companies, warrant agent, or similar 2525 capacities generally performed by corporate trustees, and in so 2526 acting possess, purchase, sell, invest, reinvest, safekeep, or 2527 otherwise manage or administer the real or personal property of 2528 eligible members and individuals. 2529 (d) Exercise the powers of a corporation or limited 2530 liability company incorporated or organized under the laws of 2531 this state, or qualified to transact business as a foreign 2532 corporation or limited liability company under the laws of this 2533 state, which are reasonably necessary to enable it to fully 2534 exercise, in accordance with commonly accepted customs and 2535 usages, a power conferred under this chapter. 2536 (e) Delegate duties and powers, including investment 2537 functions under s. 518.112, in accordance with the powers 2538 granted to a trustee under chapter 736 or other applicable law, 2539 and retain agents, attorneys, accountants, investment advisers, 2540 or other individuals or entities to advise or assist the family 2541 trust company, licensed family trust company, or foreign 2542 licensed family trust company in the exercise of its powers and 2543 duties under this chapter and chapter 736. Such exercise of 2544 power may include, but is not limited to, retaining a bank trust 2545 department, or a public trust company, other than another family 2546 trust company, licensed family trust company, or foreign 2547 licensed family trust company. 2548 (f) Perform all acts necessary for exercising the powers 2549 enumerated in this section or authorized by this chapter and 2550 other applicable laws of this state. 2551 Reviser’s note.—Amended to conform to context and facilitate 2552 correct interpretation. 2553 Section 85. Effective October 1, 2015, subsection (1) of 2554 section 662.141, Florida Statutes, is amended to read: 2555 662.141 Examination, investigations, and fees.—The office 2556 may conduct an examination or investigation of a family trust 2557 company, licensed family trust company, or foreign licensed 2558 family trust company at any time it deems necessary to determine 2559 whether a family trust company, licensed family trust company, 2560 foreign licensed family trust company, or family trust company 2561 affiliated person has violated or is about to violate any 2562 provision of this chapter or rules adopted by the commission 2563 pursuant to this chapter, or any applicable provision of the 2564 financial institution codes or rules adopted by the commission 2565 pursuant to such codes. 2566 (1) The office shall conduct an examination of a licensed 2567 family trust company, family trust company, orandforeign 2568 licensed family trust company at least once every 18 months. 2569 Reviser’s note.—Amended to conform to context and facilitate 2570 correct interpretation. 2571 Section 86. Effective October 1, 2015, subsection (1) of 2572 section 662.146, Florida Statutes, is amended to read: 2573 662.146 Confidentiality of books and records.— 2574 (1) The books and records of a family trust company, 2575 licensed family trust company, orandforeign licensed family 2576 trust company are confidential and shall be made available for 2577 inspection and examination only: 2578 (a) To the office or its authorized representative; 2579 (b) To any person authorized to act for the company; 2580 (c) As compelled by a court, pursuant to a subpoena issued 2581 pursuant to the Florida Rules of Civil Procedure, the Florida 2582 Rules of Criminal Procedure, or the Federal Rules of Civil 2583 Procedure or pursuant to a subpoena issued in accordance with 2584 state or federal law. Before the production of the books and 2585 records of a family trust company, licensed family trust 2586 company, or foreign licensed family trust company, the party 2587 seeking production must reimburse the company for the reasonable 2588 costs and fees incurred in compliance with the production. If 2589 the parties disagree regarding the amount of reimbursement, the 2590 party seeking the records may request the court having 2591 jurisdiction to set the amount of reimbursement; 2592 (d) Pursuant to a subpoena, to any federal or state law 2593 enforcement or prosecutorial instrumentality authorized to 2594 investigate suspected criminal activity; 2595 (e) As authorized by the board of directors, if in 2596 corporate form, or the managers, if in limited liability company 2597 form; or 2598 (f) As provided in subsection (2). 2599 Reviser’s note.—Amended to conform to context and facilitate 2600 correct interpretation. 2601 Section 87. Effective October 1, 2015, subsection (1) of 2602 section 662.147, Florida Statutes, is amended to read: 2603 662.147 Records relating to the office examination; limited 2604 restrictions on public access.— 2605 (1) A family trust company, licensed family trust company, 2606 orandforeign licensed family trust company shall keep at the 2607 office it is required to maintain pursuant to s. 662.1225 full 2608 and complete records of the names and residences of all the 2609 shareholders or members of the trust company and the number of 2610 shares or membership units held by each, as applicable, as well 2611 as the ownership percentage of each shareholder or member, as 2612 the case may be. The records are subject to the inspection of 2613 all the shareholders or members of the trust company, and the 2614 officers authorized to assess taxes under state authority, 2615 during the normal business hours of the trust company. A current 2616 list of shareholders or members shall be made available to the 2617 office’s examiners for their inspection and, upon the request of 2618 the office, shall be submitted to the office. 2619 Reviser’s note.—Amended to conform to context and facilitate 2620 correct interpretation. 2621 Section 88. Subsection (1) of section 680.528, Florida 2622 Statutes, is amended to read: 2623 680.528 Lessor’s damages for nonacceptance or repudiation.— 2624 (1) Except as otherwise provided with respect to damages 2625 liquidated in the lease agreement (s. 680.504) or otherwise 2626 determined pursuant to agreement of the parties (ss. 671.102(2) 2627 and 680.503580.503), if a lessor elects to retain the goods or 2628 a lessor elects to dispose of the goods and the disposition is 2629 by lease agreement that for any reason does not qualify for 2630 treatment under s. 680.527(2), or is by sale or otherwise, the 2631 lessor may recover from the lessee as damages a default of the 2632 type described in s. 680.523(1) or (3)(a), or if agreed, for 2633 other default of the lessee: 2634 (a) Accrued and unpaid rent as of the date of default if 2635 the lessee has never taken possession of the goods, or, if the 2636 lessee has taken possession of the goods, as of the date the 2637 lessor repossesses the goods or an earlier date on which the 2638 lessee makes a tender of the goods to the lessor. 2639 (b) The present value as of the date determined under 2640 paragraph (a) of the total rent for the then remaining lease 2641 term of the original lease agreement minus the present value as 2642 of the same date of the market rent at the place where the goods 2643 were located on that date computed for the same lease term. 2644 (c) Any incidental damages allowed under s. 680.53, less 2645 expenses saved in consequence of the lessee’s default. 2646 Reviser’s note.—Amended to correct an erroneous reference. 2647 Section 580.503 does not exist; s. 680.503 relates to 2648 modification or impairment of rights and remedies relating 2649 to lease agreements. 2650 Section 89. Subsection (6) of section 718.116, Florida 2651 Statutes, is reenacted to read: 2652 718.116 Assessments; liability; lien and priority; 2653 interest; collection.— 2654 (6)(a) The association may bring an action in its name to 2655 foreclose a lien for assessments in the manner a mortgage of 2656 real property is foreclosed and may also bring an action to 2657 recover a money judgment for the unpaid assessments without 2658 waiving any claim of lien. The association is entitled to 2659 recover its reasonable attorney’s fees incurred in either a lien 2660 foreclosure action or an action to recover a money judgment for 2661 unpaid assessments. 2662 (b) No foreclosure judgment may be entered until at least 2663 30 days after the association gives written notice to the unit 2664 owner of its intention to foreclose its lien to collect the 2665 unpaid assessments. The notice must be in substantially the 2666 following form: 2667 2668 DELINQUENT ASSESSMENT 2669 2670 This letter is to inform you a Claim of Lien has been 2671 filed against your property because you have not paid 2672 the ...(type of assessment)... assessment to ...(name 2673 of association).... The association intends to 2674 foreclose the lien and collect the unpaid amount 2675 within 30 days of this letter being provided to you. 2676 2677 You owe the interest accruing from ...(month/year)... 2678 to the present. As of the date of this letter, the 2679 total amount due with interest is $..... All costs of 2680 any action and interest from this day forward will 2681 also be charged to your account. 2682 2683 Any questions concerning this matter should be 2684 directed to ...(insert name, addresses, and telephone 2685 numbers of association representative).... 2686 2687 If this notice is not given at least 30 days before the 2688 foreclosure action is filed, and if the unpaid assessments, 2689 including those coming due after the claim of lien is recorded, 2690 are paid before the entry of a final judgment of foreclosure, 2691 the association shall not recover attorney’s fees or costs. The 2692 notice must be given by delivery of a copy of it to the unit 2693 owner or by certified or registered mail, return receipt 2694 requested, addressed to the unit owner at his or her last known 2695 address; and, upon such mailing, the notice shall be deemed to 2696 have been given, and the court shall proceed with the 2697 foreclosure action and may award attorney’s fees and costs as 2698 permitted by law. The notice requirements of this subsection are 2699 satisfied if the unit owner records a notice of contest of lien 2700 as provided in subsection (5). The notice requirements of this 2701 subsection do not apply if an action to foreclose a mortgage on 2702 the condominium unit is pending before any court; if the rights 2703 of the association would be affected by such foreclosure; and if 2704 actual, constructive, or substitute service of process has been 2705 made on the unit owner. 2706 (c) If the unit owner remains in possession of the unit 2707 after a foreclosure judgment has been entered, the court, in its 2708 discretion, may require the unit owner to pay a reasonable 2709 rental for the unit. If the unit is rented or leased during the 2710 pendency of the foreclosure action, the association is entitled 2711 to the appointment of a receiver to collect the rent. The 2712 expenses of the receiver shall be paid by the party which does 2713 not prevail in the foreclosure action. 2714 (d) The association has the power to purchase the 2715 condominium parcel at the foreclosure sale and to hold, lease, 2716 mortgage, or convey it. 2717 Reviser’s note.—Section 3, ch. 2014-146, Laws of Florida, 2718 purported to amend subsection (6) but did not publish 2719 paragraphs (c) and (d). Absent affirmative evidence of 2720 legislative intent to repeal them, subsection (6) is 2721 reenacted to confirm that the omission was not intended. 2722 Section 90. Subsection (4) of section 721.13, Florida 2723 Statutes, is amended to read: 2724 721.13 Management.— 2725 (4) The managing entity shall maintain among its records 2726 and provide to the division upon request a complete list of the 2727 names and addresses of all purchasers and owners of timeshare 2728 units in the timeshare plan. The managing entity shall update 2729 this list no less frequently than quarterly. Pursuant to 2730 paragraph (3)(d), the managing entity may not publish this 2731 owner’s list or provide a copy of it to any purchaser or to any 2732 third party other than the division. However, the managing 2733 entity shall mail to those persons listed on the owner’s list 2734 materials provided by any purchaser, upon the written request of 2735 that purchaser, if the purpose of the mailing is to advance 2736 legitimate owners’ association business, such as a proxy 2737 solicitation for any purpose, including the recall of one or 2738 more board members elected by the owners or the discharge of the 2739 manager or management firm. The use of any proxies solicited in 2740 this manner must comply with the provisions of the timeshare 2741 instrument and this chapter. A mailing requested for the purpose 2742 of advancing legitimate owners’ association business shall occur 2743 within 30 days after receipt of a request from a purchaser. The 2744 board of administration of the owners’ association shall be 2745 responsible for determining the appropriateness of any mailing 2746 requested pursuant to this subsection. The purchaser who 2747 requests the mailing must reimburse the owners’ association in 2748 advance for the owners’ association’s actual costs in performing 2749 the mailing. It shall be a violation of this chapter and, if 2750 applicable, of part VIII of chapter 468, for the board of 2751 administration or the manager or management firm to refuse to 2752 mail any material requested by the purchaser to be mailed, 2753 provided the sole purpose of the materials is to advance 2754 legitimate owners’ association business. If the purpose of the 2755 mailing is a proxy solicitation to recall one or more board 2756 members elected by the owners or to discharge the manager or 2757 management firm and the managing entity does not mail the 2758 materials within 30 days after receipt of a request from a 2759 purchaser, the circuit court in the county where the timeshare 2760 plan is located may, upon application from the requesting 2761 purchaser, summarily order the mailing of the materials solely 2762 related to the recall of one or more board members elected by 2763 the owners or the discharge of the manager or management firm. 2764 The court shall dispose of an application on an expedited basis. 2765 In the event of such an order, the court may order the managing 2766 entity to pay the purchaser’s costs, including attorney’s fees 2767 reasonably incurred to enforce the purchaser’s rights, unless 2768 the managing entity can prove it refused the mailing in good 2769 faith because of a reasonable basis for doubt about the 2770 legitimacy of the mailing. 2771 Reviser’s note.—Amended to correct an apparent error and 2772 facilitate correct interpretation. This section was amended 2773 by s. 20 of Committee Substitute for Committee Substitute 2774 for House Bill 593, which became ch. 2000-302, Laws of 2775 Florida. Committee Substitute for Senate Bill 908, a 2776 similar bill that did not pass during the 2000 Regular 2777 Session, also amended this section. Both bills struck the 2778 phrase “initiate a mailing” after the word “shall,” but 2779 only Committee Substitute for Senate Bill 908 added the 2780 word “mail” to replace the phrase. That change was not 2781 carried over to Committee Substitute for Committee 2782 Substitute for House Bill 593, which became ch. 2000-302. 2783 Section 91. Paragraph (b) of subsection (1) and subsection 2784 (2) of section 775.0862, Florida Statutes, are amended to read: 2785 775.0862 Sexual offenses against students by authority 2786 figures; reclassification.— 2787 (1) As used in this section, the term: 2788 (b) “School” has the same meaning as provided in s. 1003.01 2789 and includes a private school as defined in s. 1002.01, a 2790 voluntary prekindergarten education program as described in s. 2791 1002.53(3), early learning programs, a public school as 2792 described in s. 402.3025(1), the Florida School for the Deaf and 2793 the Blind, and the Florida Virtual School established under s. 2794 1002.37, and a K-8 Virtual School established under s. 1002.415. 2795 The term does not include facilities dedicated exclusively to 2796 the education of adults. 2797 (2) The felony degree of a violation of an offense listed 2798 in s. 943.0435(1)(a)1.a., unless the offense is a violation of 2799 s. 794.011(4)(e)7.794.011(4)(g)or s. 810.145(8)(a)2., shall be 2800 reclassified as provided in this section if the offense is 2801 committed by an authority figure of a school against a student 2802 of the school. 2803 Reviser’s note.—Paragraph (1)(b) is amended to conform to the 2804 repeal of s. 1002.415 by s. 29, ch. 2014-39, Laws of 2805 Florida. Subsection (2) is amended to conform to the 2806 redesignation of s. 794.011(4)(g) as s. 794.011(4)(e)7. by 2807 s. 3, ch. 2014-4, Laws of Florida. 2808 Section 92. Paragraph (d) of subsection (10) of section 2809 775.21, Florida Statutes, is amended to read: 2810 775.21 The Florida Sexual Predators Act.— 2811 (10) PENALTIES.— 2812 (d) A sexual predator who commits any act or omission in 2813 violation of this section may be prosecuted for the act or 2814 omission in the county in which the act or omission was 2815 committed, in the county of the last registered address of the 2816 sexual predator, in the county in which the conviction occurred 2817 for the offense or offenses that meet the criteria for 2818 designating a person as a sexual predator, in the county where 2819 the sexual predator was released from incarceration, or in the 2820 county of the intended address of the sexual predator as 2821 reported by the predator prior to his or her release from 2822 incarceration. In addition, a sexual predator may be prosecuted 2823 for any such act or omission in the county in which he or she 2824 was designated a sexual predator. 2825 Reviser’s note.—Amended to conform to context. 2826 Section 93. Section 775.25, Florida Statutes, is amended to 2827 read: 2828 775.25 Prosecutions for acts or omissions.—A sexual 2829 predator or sexual offender who commits any act or omission in 2830 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 2831 944.607, or former s. 947.177 may be prosecuted for the act or 2832 omission in the county in which the act or omission was 2833 committed, in the county of the last registered address of the 2834 sexual predator or sexual offender, in the county in which the 2835 conviction occurred for the offense or offenses that meet the 2836 criteria for designating a person as a sexual predator or sexual 2837 offender, in the county where the sexual predator or sexual 2838 offender was released from incarceration, or in the county of 2839 the intended address of the sexual predator or sexual offender 2840 as reported by the predator or offender prior to his or her 2841 release from incarceration. In addition, a sexual predator may 2842 be prosecuted for any such act or omission in the county in 2843 which he or she was designated a sexual predator. 2844 Reviser’s note.—Amended to conform to context. 2845 Section 94. Subsection (1) of section 784.078, Florida 2846 Statutes, is amended to read: 2847 784.078 Battery of facility employee by throwing, tossing, 2848 or expelling certain fluids or materials.— 2849 (1) As used in this section, the term “facility” means a 2850 state correctional institution defined in s. 944.02(8) 2851944.02(6); a private correctional facility defined in s. 944.710 2852 or under chapter 957; a county, municipal, or regional jail or 2853 other detention facility of local government under chapter 950 2854 or chapter 951; or a secure facility operated and maintained by 2855 the Department of Corrections or the Department of Juvenile 2856 Justice. 2857 Reviser’s note.—Amended to correct an erroneous reference. 2858 Section 944.02(8) defines “state correctional institution;” 2859 s. 944.02(6) defines “prisoner.” 2860 Section 95. Paragraph (a) of subsection (3) of section 2861 787.02, Florida Statutes, is amended to read: 2862 787.02 False imprisonment; false imprisonment of child 2863 under age 13, aggravating circumstances.— 2864 (3)(a) A person who commits the offense of false 2865 imprisonment upon a child under the age of 13 and who, in the 2866 course of committing the offense, commits any offense enumerated 2867 in subparagraphs 1.-5., commits a felony of the first degree, 2868 punishable by imprisonment for a term of years not exceeding 2869 life or as provided in s. 775.082, s. 775.083, or s. 775.084. 2870 1. Aggravated child abuse, as defined in s. 827.03; 2871 2. Sexual battery, as defined in chapter 794, against the 2872 child; 2873 3. Lewd or lascivious battery, lewd or lascivious 2874 molestation, lewd or lascivious conduct, or lewd or lascivious 2875 exhibition, in violation of s. 800.04 or s. 847.0135(5); 2876 4. A violation of former s. 796.03 or s. 796.04, relating 2877 to prostitution, upon the child; 2878 5. Exploitation of the child or allowing the child to be 2879 exploited, in violation of s. 450.151; or 2880 6. A violation of s. 787.06(3)(g)878.06(3)(g)relating to 2881 human trafficking. 2882 Reviser’s note.—Amended to correct an apparent typographical 2883 error and conform to context. Section 20, ch. 2014-160, 2884 Laws of Florida, added subparagraph 6. with the cross 2885 reference to s. 878.06(3)(g); s. 878.06 does not exist. 2886 Section 19, ch. 2014-160, amended s. 787.01(3)(a) to add a 2887 subparagraph 6., with similar language and context as 2888 subparagraph 6. in this section, relating to human 2889 trafficking with a cross-reference to s. 787.06(3)(g); s. 2890 787.06 relates to human trafficking. 2891 Section 96. Paragraph (g) of subsection (3) of section 2892 787.06, Florida Statutes, is amended to read: 2893 787.06 Human trafficking.— 2894 (3) Any person who knowingly, or in reckless disregard of 2895 the facts, engages in human trafficking, or attempts to engage 2896 in human trafficking, or benefits financially by receiving 2897 anything of value from participation in a venture that has 2898 subjected a person to human trafficking: 2899 (g) For commercial sexual activity in which any child under 2900 the age of 18, or in which any person who is mentally defective 2901 or mentally incapacitated as those terms are defined in s. 2902 794.011(1), is involved commits a life felony, punishable as 2903 provided in s. 775.082(3)(a)6.775.082(3)(a)5., s. 775.083, or 2904 s. 775.084. 2905 2906 For each instance of human trafficking of any individual under 2907 this subsection, a separate crime is committed and a separate 2908 punishment is authorized. 2909 Reviser’s note.—Amended to conform to the editorial substitution 2910 of a reference to s. 775.082(3)(a)6. for a reference to s. 2911 775.082(3)(a)5. Section 1, ch. 2014-220, Laws of Florida, 2912 and s. 8, ch. 2014-160, Laws of Florida, added new 2913 subparagraph 5. language to paragraph (a); the added 2914 language by the two acts was different in substance, and 2915 the subparagraph 5. added by s. 8, ch. 2014-160, which is 2916 the same law that added the reference to s. 775.082(3)(a)5. 2917 here, was redesignated as subparagraph 6. by the editors. 2918 Section 97. Paragraph (g) of subsection (6) of section 2919 921.1402, Florida Statutes, is amended to read: 2920 921.1402 Review of sentences for persons convicted of 2921 specified offenses committed while under the age of 18 years.— 2922 (6) Upon receiving an application from an eligible juvenile 2923 offender, the court of original sentencing jurisdiction shall 2924 hold a sentence review hearing to determine whether the juvenile 2925 offender’s sentence should be modified. When determining if it 2926 is appropriate to modify the juvenile offender’s sentence, the 2927 court shall consider any factor it deems appropriate, including 2928 all of the following: 2929 (g) Whether the juvenile offender has successfully obtained 2930 a high school equivalency diplomageneral educational2931development certificateor completed another educational, 2932 technical, work, vocational, or self-rehabilitation program, if 2933 such a program is available. 2934 Reviser’s note.—Amended to conform to the fact that the term 2935 “general educational development certificate” was changed 2936 to “high school equivalency diploma” in existing Florida 2937 Statutes text by ch. 2014-20, Laws of Florida, pursuant to 2938 s. 38, ch. 2013-51, Laws of Florida. 2939 Section 98. Subsection (2) of section 940.031, Florida 2940 Statutes, is amended to read: 2941 940.031 Clemency counsel when sentence of death imposed.— 2942 (2) The appointed attorney shall be compensated by the 2943 board, not to exceed $10,000, for attorney fees and costs 2944 incurred in representing the person for relief by executive 2945 clemency, with compensation to be paid out of the General 2946 Revenue Fund from funds budgeted to the FloridaParole2947 Commission on Offender Review. 2948 Reviser’s note.—Amended to conform to the renaming of the Parole 2949 Commission as the Florida Commission on Offender Review by 2950 ch. 2014-191, Laws of Florida. 2951 Section 99. Paragraph (b) of subsection (9) of section 2952 943.0435, Florida Statutes, is amended to read: 2953 943.0435 Sexual offenders required to register with the 2954 department; penalty.— 2955 (9) 2956 (b) A sexual offender who commits any act or omission in 2957 violation of this section may be prosecuted for the act or 2958 omission in the county in which the act or omission was 2959 committed, in the county of the last registered address of the 2960 sexual offender, in the county in which the conviction occurred 2961 for the offense or offenses that meet the criteria for 2962 designating a person as a sexual offender, in the county where 2963 the sexual offender was released from incarceration, or in the 2964 county of the intended address of the sexual offender as 2965 reported by the offender prior to his or her release from 2966 incarceration. 2967 Reviser’s note.—Amended to conform to context. 2968 Section 100. Paragraph (b) of subsection (4) of section 2969 944.275, Florida Statutes, is amended to read: 2970 944.275 Gain-time.— 2971 (4) 2972 (b) For each month in which an inmate works diligently, 2973 participates in training, uses time constructively, or otherwise 2974 engages in positive activities, the department may grant 2975 incentive gain-time in accordance with this paragraph. The rate 2976 of incentive gain-time in effect on the date the inmate 2977 committed the offense which resulted in his or her incarceration 2978 shall be the inmate’s rate of eligibility to earn incentive 2979 gain-time throughout the period of incarceration and shall not 2980 be altered by a subsequent change in the severity level of the 2981 offense for which the inmate was sentenced. 2982 1. For sentences imposed for offenses committed prior to 2983 January 1, 1994, up to 20 days of incentive gain-time may be 2984 granted. If granted, such gain-time shall be credited and 2985 applied monthly. 2986 2. For sentences imposed for offenses committed on or after 2987 January 1, 1994, and before October 1, 1995: 2988 a. For offenses ranked in offense severity levels 1 through 2989 7, under former s. 921.0012 or former s. 921.0013, up to 25 days 2990 of incentive gain-time may be granted. If granted, such gain 2991 time shall be credited and applied monthly. 2992 b. For offenses ranked in offense severity levels 8, 9, and 2993 10, under former s. 921.0012 or former s. 921.0013, up to 20 2994 days of incentive gain-time may be granted. If granted, such 2995 gain-time shall be credited and applied monthly. 2996 3. For sentences imposed for offenses committed on or after 2997 October 1, 1995, the department may grant up to 10 days per 2998 month of incentive gain-time, except that no prisoner is 2999 eligible to earn any type of gain-time in an amount that would 3000 cause a sentence to expire, end, or terminate, or that would 3001 result in a prisoner’s release, prior to serving a minimum of 85 3002 percent of the sentence imposed. For purposes of this 3003 subparagraph, credits awarded by the court for time physically 3004 incarcerated shall be credited toward satisfaction of 85 percent 3005 of the sentence imposed. Except as provided by this section, a 3006 prisoner shall not accumulate further gain-time awards at any 3007 point when the tentative release date is the same as that date 3008 at which the prisoner will have served 85 percent of the 3009 sentence imposed. State prisoners sentenced to life imprisonment 3010 shall be incarcerated for the rest of their natural lives, 3011 unless granted pardon or clemency. 3012 Reviser’s note.—Amended to provide clarity and facilitate 3013 correct interpretation. Sections 921.0012 and 921.0013 were 3014 repealed by s. 21, ch. 2009-20, Laws of Florida. 3015 Section 101. Paragraph (b) of subsection (3) of section 3016 960.03, Florida Statutes, is amended to read: 3017 960.03 Definitions; ss. 960.01-960.28.—As used in ss. 3018 960.01-960.28, unless the context otherwise requires, the term: 3019 (3) “Crime” means: 3020 (b) A violation of s. 316.193, s. 316.027(2)316.027(1), s. 3021 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in 3022 physical injury or death; however, an act involving the 3023 operation of a motor vehicle, boat, or aircraft which results in 3024 injury or death does not constitute a crime for the purpose of 3025 this chapter unless the injury or death was intentionally 3026 inflicted through the use of the vehicle, boat, or aircraft. 3027 Reviser’s note.—Amended to conform to the redesignation of s. 3028 316.027(1) as s. 316.027(2) by s. 2, ch. 2014-225, Laws of 3029 Florida. 3030 Section 102. Subsection (5) of section 960.065, Florida 3031 Statutes, is amended to read: 3032 960.065 Eligibility for awards.— 3033 (5) A person is not ineligible for an award pursuant to 3034 paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that 3035 person is a victim of sexual exploitation of a child as defined 3036 in s. 39.01(69)(g)39.01(68)(g). 3037 Reviser’s note.—Amended to confirm the editorial substitution of 3038 a reference to s. 39.01(69)(g) for a reference to s. 3039 39.01(68)(g). Sexual exploitation of a child is defined in 3040 s. 39.01(69)(g). “Secretary” is defined in s. 39.01(68), 3041 which has no paragraphs. 3042 Section 103. Paragraph (b) of subsection (1) of section 3043 961.06, Florida Statutes, is amended to read: 3044 961.06 Compensation for wrongful incarceration.— 3045 (1) Except as otherwise provided in this act and subject to 3046 the limitations and procedures prescribed in this section, a 3047 person who is found to be entitled to compensation under the 3048 provisions of this act is entitled to: 3049 (b) A waiver of tuition and fees for up to 120 hours of 3050 instruction at any career center established under s. 1001.44, 3051 any Florida College System institutioncommunity collegeas 3052 defined in s. 1000.21(3), or any state university as defined in 3053 s. 1000.21(6), if the wrongfully incarcerated person meets and 3054 maintains the regular admission requirements of such career 3055 center, Florida College System institutioncommunity college, or 3056 state university; remains registered at such educational 3057 institution; and makes satisfactory academic progress as defined 3058 by the educational institution in which the claimant is 3059 enrolled; 3060 3061 The total compensation awarded under paragraphs (a), (c), and 3062 (d) may not exceed $2 million. No further award for attorney’s 3063 fees, lobbying fees, costs, or other similar expenses shall be 3064 made by the state. 3065 Reviser’s note.—Amended to conform to context. Referenced s. 3066 1000.21(3) defines “Florida College System institution,” 3067 not “community college.” Chapters 2008-52 and 2009-228, 3068 Laws of Florida, transitioned references from community 3069 colleges to Florida College System institutions. 3070 Section 104. Paragraph (a) of subsection (5) of section 3071 985.0301, Florida Statutes, is amended to read: 3072 985.0301 Jurisdiction.— 3073 (5)(a) Notwithstanding s. 743.07, and except as provided in 3074 paragraph (b), when the jurisdiction of any child who is alleged 3075 to have committed a delinquent act or violation of law is 3076 obtained, the court shall retain jurisdiction to dispose of a 3077 case, unless relinquished by its order, until the child reaches 3078 19 years of age, with the same power over the child which the 3079 court had before the child became an adult. 3080 Reviser’s note.—Amended to confirm the editorial insertion of 3081 the word “of.” 3082 Section 105. Subsection (5) of section 985.265, Florida 3083 Statutes, is amended to read: 3084 985.265 Detention transfer and release; education; adult 3085 jails.— 3086 (5) The court shall order the delivery of a child to a jail 3087 or other facility intended or used for the detention of adults: 3088 (a) When the child has been transferred or indicted for 3089 criminal prosecution as an adult under part X, except that the 3090 court may not order or allow a child alleged to have committed a 3091 misdemeanor who is being transferred for criminal prosecution 3092 pursuant to either s. 985.556 or s. 985.557 to be detained or 3093 held in a jail or other facility intended or used for the 3094 detention of adults; however, such child may be held temporarily 3095 in a detention facility; or 3096 (b) When a child taken into custody in this state is wanted 3097 by another jurisdiction for prosecution as an adult. 3098 3099 The child shall be housed separately from adult inmates to 3100 prohibit a child from having regular contact with incarcerated 3101 adults, including trustiestrustees. “Regular contact” means 3102 sight and sound contact. Separation of children from adults 3103 shall permit no more than haphazard or accidental contact. The 3104 receiving jail or other facility shall contain a separate 3105 section for children and shall have an adequate staff to 3106 supervise and monitor the child’s activities at all times. 3107 Supervision and monitoring of children includes physical 3108 observation and documented checks by jail or receiving facility 3109 supervisory personnel at intervals not to exceed 10 minutes. 3110 This subsection does not prohibit placing two or more children 3111 in the same cell. Under no circumstances shall a child be placed 3112 in the same cell with an adult. 3113 Reviser’s note.—Amended to confirm the editorial substitution of 3114 the word “trusties” for the word “trustees” to conform to 3115 context. 3116 Section 106. Paragraph (h) of subsection (2) of section 3117 1002.395, Florida Statutes, is amended to read: 3118 1002.395 Florida Tax Credit Scholarship Program.— 3119 (2) DEFINITIONS.—As used in this section, the term: 3120 (h) “Household income” has the same meaning as the term 3121 “income” asisdefined in the Income Eligibility Guidelines for 3122 free and reduced price meals under the National School Lunch 3123 Program in 7 C.F.R. part 210 as published in the Federal 3124 Register by the United States Department of Agriculture. 3125 Reviser’s note.—Amended to confirm the editorial substitution of 3126 the word “as” for the word “is.” 3127 Section 107. Paragraph (b) of subsection (8) of section 3128 1003.4203, Florida Statutes, is amended to read: 3129 1003.4203 Digital materials, CAPE Digital Tool 3130 certificates, and technical assistance.— 3131 (8) PARTNERSHIPS.— 3132 (b) Third-party assessment providers and career and 3133 professional academy curricula providers are encouraged to 3134 provide annual training to staff of the Department of Education, 3135 staff of school district offices, instructional staff of public 3136 schools, including charter schools, and other appropriate 3137 administrative staff through face-to-face training models; 3138 through online, video conferencing training models; and through 3139 state, regional, or conference presentations. 3140 Reviser’s note.—Amended to confirm the editorial insertion of 3141 the word “through” to improve clarity. 3142 Section 108. Paragraph (c) of subsection (10) of section 3143 1003.4282, Florida Statutes, is amended to read: 3144 1003.4282 Requirements for a standard high school diploma.— 3145 (10) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The 3146 requirements of this section, in addition to applying to 3147 students entering grade 9 in the 2013-2014 school year and 3148 thereafter, shall also apply to students entering grade 9 before 3149 the 2013-2014 school year, except as otherwise provided in this 3150 subsection. 3151 (c) A student entering grade 9 in the 2011-2012 school year 3152 must earn: 3153 1. Four credits in English/ELA. A student must pass the 3154 statewide, standardized grade 10 Reading assessment, or earn a 3155 concordant score, in order to graduate with a standard high 3156 school diploma. 3157 2. Four credits in mathematics, which must include Algebra 3158 I and Geometry. A student who takes Algebra I after the 2010 3159 2011 school year must pass the statewide, standardized Algebra I 3160 EOC assessment, or earn a comparative score, in order to earn a 3161 standard high school diploma. A student who takes Algebra I or 3162 Geometry after the 2010-2011 school year must take the 3163 statewide, standardized EOC assessment but is not required to 3164 pass the Algebra I or Geometry EOC assessment in order to earn 3165 course credit. A student’s performance on the Algebra I or 3166 Geometry EOC assessment is not required to constitute 30 percent 3167 of the student’s final course grade. A student who earns an 3168 industry certification for which there is a statewide college 3169 credit articulation agreement approved by the State Board of 3170 Education may substitute the certification for one mathematics 3171 credit. Substitution may occur for up to two mathematics 3172 credits, except for Algebra I and Geometry. 3173 3. Three credits in science, two of which must have a 3174 laboratory component. One of the science credits must be Biology 3175 I. A student who takes Biology I after the 2010-2011 school year 3176 must take the statewide, standardized Biology I EOC assessment 3177 but is not required to pass the assessment in order to earn 3178 course credit. A student’s performance on the assessment is not 3179 required to constitute 30 percent of the student’s final course 3180 grade. A student who earns an industry certification for which 3181 there is a statewide college credit articulation agreement 3182 approved by the State Board of Education may substitute the 3183 certification for one science credit, except for Biology I. 3184 4. Three credits in social studies of which one credit in 3185 World History, one credit in United States History, one-half 3186 credit in United States Government, and one-half credit in 3187 economics are required. A student who takes United States 3188 History after the 2011-2012 school yearstudentmust take the 3189 statewide, standardized United States History EOC assessment, 3190 but the student’s performance on the assessment is not required 3191 to constitute 30 percent of the student’s final course grade. 3192 5. One credit in fine or performing arts, speech and 3193 debate, or practical arts as provided in paragraph (3)(e). 3194 6. One credit in physical education as provided in 3195 paragraph (3)(f). 3196 7. Eight credits in electives. 3197 8. One online course as provided in subsection (4). 3198 Reviser’s note.—Amended to confirm the editorial deletion of the 3199 word “student.” 3200 Section 109. Paragraph (b) of subsection (1) of section 3201 1003.493, Florida Statutes, is amended to read: 3202 1003.493 Career and professional academies and career 3203 themed courses.— 3204 (1) 3205 (b) A “career-themed course” is a course, or a course in a 3206 series of courses, that leads to an industry certification 3207 identified in the CAPE Industry Certification Funding List 3208 pursuant to rules adopted by the State Board of Education. 3209 Career-themed courses have industry-specific curriculum aligned 3210 directly to priority workforce needs established by the regional 3211 workforce board or the Department of Economic Opportunity. 3212 School districts shall offer at least two career-themed courses, 3213 and each secondary school is encouraged to offer at least one 3214 career-themed course. The Florida Virtual School is encouraged 3215 to develop and offer rigorous career-themed courses as 3216 appropriate. Students completing a career-themed course must be 3217 provided opportunities to earn postsecondary credit if the 3218 credit for the career-themed course can be articulated to a 3219 postsecondary institution approved to operate in the state. 3220 Reviser’s note.—Amended to conform to the complete name of the 3221 CAPE Industry Certification Funding List authorized by s. 3222 1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184, 3223 Laws of Florida, to add the word “CAPE” to the name of the 3224 Industry Certification Funding List. 3225 Section 110. Paragraph (a) of subsection (2) of section 3226 1003.4935, Florida Statutes, is amended to read: 3227 1003.4935 Middle grades career and professional academy 3228 courses and career-themed courses.— 3229 (2) Each middle grades career and professional academy or 3230 career-themed course must be aligned with at least one high 3231 school career and professional academy or career-themed course 3232 offered in the district and maintain partnerships with local 3233 business and industry and economic development boards. Middle 3234 grades career and professional academies and career-themed 3235 courses must: 3236 (a) Lead to careers in occupations designated as high 3237 skill, high-wage, and high-demand in the CAPE Industry 3238 Certification Funding List approved under rules adopted by the 3239 State Board of Education; 3240 Reviser’s note.—Amended to conform to the complete name of the 3241 CAPE Industry Certification Funding List authorized by s. 3242 1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184, 3243 Laws of Florida, to add the word “CAPE” to the name of the 3244 Industry Certification Funding List. 3245 Section 111. Paragraph (j) of subsection (2) of section 3246 1003.51, Florida Statutes, is amended to read: 3247 1003.51 Other public educational services.— 3248 (2) The State Board of Education shall adopt rules 3249 articulating expectations for effective education programs for 3250 students in Department of Juvenile Justice programs, including, 3251 but not limited to, education programs in juvenile justice 3252 prevention, day treatment, residential, and detention programs. 3253 The rule shall establish policies and standards for education 3254 programs for students in Department of Juvenile Justice programs 3255 and shall include the following: 3256 (j) Qualifications of instructional staff, procedures for 3257 the selection of instructional staff, and procedures for 3258 consistent instruction and qualified staff year round. 3259 Qualifications shall include those for instructors of CAPE 3260 courses, standardized across the state, and shall be based on 3261 state certification, local school district approval, and 3262 industry-recognized certifications as identified on the CAPE 3263 Industry Certification Funding List. Procedures for the use of 3264 noncertified instructional personnel who possess expert 3265 knowledge or experience in their fields of instruction shall be 3266 established. 3267 Reviser’s note.—Amended to conform to the complete name of the 3268 CAPE Industry Certification Funding List authorized by s. 3269 1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184, 3270 Laws of Florida, to add the word “CAPE” to the name of the 3271 Industry Certification Funding List. 3272 Section 112. Paragraph (b) of subsection (2) of section 3273 1003.5716, Florida Statutes, is amended to read: 3274 1003.5716 Transition to postsecondary education and career 3275 opportunities.—All students with disabilities who are 3 years of 3276 age to 21 years of age have the right to a free, appropriate 3277 public education. As used in this section, the term “IEP” means 3278 individual education plan. 3279 (2) Beginning not later than the first IEP to be in effect 3280 when the student attains the age of 16, or younger if determined 3281 appropriate by the parent and the IEP team, the IEP must include 3282 the following statements that must be updated annually: 3283 (b) A statement of intent to receive a standard high school 3284 diploma before the student attains the age of 22 and a 3285 description of how the student will fully meet the requirements 3286 ins. 1003.428 ors. 1003.4282,as applicable,including, but 3287 not limited to, a portfolio pursuant to s. 1003.4282(11)(b) 3288 which meets the criteria specified in State Board of Education 3289 rule. The IEP must also specify the outcomes and additional 3290 benefits expected by the parent and the IEP team at the time of 3291 the student’s graduation. 3292 Reviser’s note.—Amended to conform to the repeal of s. 1003.428 3293 by s. 38, ch. 2014-39, Laws of Florida. 3294 Section 113. Subsection (3) of section 1005.33, Florida 3295 Statutes, is amended to read: 3296 1005.33 License period and renewal.— 3297(3) On the effective date of this act, an institution that,3298in 2002, held the status of “Permission to Operate” under s.3299246.093, Florida Statutes 2001, has 90 days to seek and obtain3300licensure from the commission. Ninety days after this act takes3301effect, that status no longer authorizes an institution to3302operate in Florida.3303 Reviser’s note.—Amended to delete an obsolete provision. 3304 Section 114. Subsection (11) of section 1007.271, Florida 3305 Statutes, is amended to read: 3306 1007.271 Dual enrollment programs.— 3307 (11) Career early admission is a form of career dual 3308 enrollment through which eligible secondary students enroll full 3309 time in a career center or a Florida College System institution 3310 in postsecondary programs leading to industry certifications, as 3311 listed in the CAPE Postsecondary Industry Certification Funding 3312 List pursuant to s. 1008.44, which are creditable toward the 3313 high school diploma and the certificate or associate degree. 3314 Participation in the career early admission program is limited 3315 to students who have completed a minimum of 4 semesters of full 3316 time secondary enrollment, including studies undertaken in the 3317 ninth grade. Students enrolled pursuant to this section are 3318 exempt from the payment of registration, tuition, and laboratory 3319 fees. 3320 Reviser’s note.—Amended to conform to the complete name of the 3321 CAPE Postsecondary Industry Certification Funding List 3322 authorized by s. 1008.44; s. 1008.44 was amended by s. 12, 3323 ch. 2014-184, Laws of Florida, to add the word “CAPE” to 3324 the name of the Postsecondary Industry Certification 3325 Funding List. 3326 Section 115. Paragraph (b) of subsection (3) of section 3327 1008.22, Florida Statutes, is amended to read: 3328 1008.22 Student assessment program for public schools.— 3329 (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 3330 Commissioner of Education shall design and implement a 3331 statewide, standardized assessment program aligned to the core 3332 curricular content established in the Next Generation Sunshine 3333 State Standards. The commissioner also must develop or select 3334 and implement a common battery of assessment tools that will be 3335 used in all juvenile justice education programs in the state. 3336 These tools must accurately measure the core curricular content 3337 established in the Next Generation Sunshine State Standards. 3338 Participation in the assessment program is mandatory for all 3339 school districts and all students attending public schools, 3340 including adult students seeking a standard high school diploma 3341 under s. 1003.4282 and students in Department of Juvenile 3342 Justice education programs, except as otherwise provided by law. 3343 If a student does not participate in the assessment program, the 3344 school district must notify the student’s parent and provide the 3345 parent with information regarding the implications of such 3346 nonparticipation. The statewide, standardized assessment program 3347 shall be designed and implemented as follows: 3348 (b) End-of-course (EOC) assessments.—EOC assessments must 3349 be statewide, standardized, and developed or approved by the 3350 Department of Education as follows: 3351 1. Statewide, standardized EOC assessments in mathematics 3352 shall be administered according to this subparagraph. Beginning 3353 with the 2010-2011 school year, all students enrolled in Algebra 3354 I must take the Algebra I EOC assessment. Except as otherwise 3355 provided in paragraph (c), beginning with students entering 3356 grade 9 in the 2011-2012 school year, a student who is enrolled 3357 in Algebra I must earn a passing score on the Algebra I EOC 3358 assessment or attain a comparative score as authorized under 3359 subsection (8) in order to earn a standard high school diploma. 3360 In order to earn a standard high school diploma, a student who 3361 has not earned a passing score on the Algebra I EOC assessment 3362 must earn a passing score on the assessment retake or a 3363 comparative score as authorized under subsection (8). Beginning 3364 with the 2011-2012 school year, all students enrolled in 3365 Geometry must take the Geometry EOC assessment. Middle grades 3366 students enrolled in Algebra I, Geometry, or Biology I must take 3367 the statewide, standardized EOC assessment for those courses and 3368 shall not take the corresponding subject and grade-level 3369 statewide, standardized assessment. When a statewide, 3370 standardized EOC assessment in Algebra II is administered, all 3371 students enrolled in Algebra II must take the EOC assessment. 3372 Pursuant to the commissioner’s implementation schedule, student 3373 performance on the Algebra II EOC assessment constitutes 30 3374 percent of a student’s final course grade. 3375 2. Statewide, standardized EOC assessments in science shall 3376 be administered according to this subparagraph. Beginning with 3377 the 2011-2012 school year, all students enrolled in Biology I 3378 must take the Biology I EOC assessment. Beginning with students 3379 entering grade 9 in the 2013-2014 school year, performance on 3380 the Biology I EOC assessment constitutes 30 percent of the 3381 student’s final course grade. 3382 3. Beginning with the 2013-2014 school year, each student’s 3383 performance on the statewide, standardized middle grades Civics 3384 EOC assessment constitutes 30 percent of the student’s final 3385 course grade in civics education. 3386 4. The commissioner may select one or more nationally 3387 developed comprehensive examinations, which may include 3388 examinations for a College Board Advanced Placement course, 3389 International Baccalaureate course, or Advanced International 3390 Certificate of Education course, or industry-approved 3391 examinations to earn national industry certifications identified 3392 in the CAPE Industry Certification Funding List, for use as EOC 3393 assessments under this paragraph if the commissioner determines 3394 that the content knowledge and skills assessed by the 3395 examinations meet or exceed the grade-level expectations for the 3396 core curricular content established for the course in the Next 3397 Generation Sunshine State Standards. Use of any such examination 3398 as an EOC assessment must be approved by the state board in 3399 rule. 3400 5. Contingent upon funding provided in the General 3401 Appropriations Act, including the appropriation of funds 3402 received through federal grants, the commissioner may establish 3403 an implementation schedule for the development and 3404 administration of additional statewide, standardized EOC 3405 assessments that must be approved by the state board in rule. If 3406 approved by the state board, student performance on such 3407 assessments constitutes 30 percent of a student’s final course 3408 grade. 3409 6. All statewide, standardized EOC assessments must be 3410 administered online except as otherwise provided in paragraph 3411 (c). 3412 Reviser’s note.—Amended to conform to the complete name of the 3413 CAPE Industry Certification Funding List authorized by s. 3414 1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184, 3415 Laws of Florida, to add the word “CAPE” to the name of the 3416 Industry Certification Funding List. 3417 Section 116. Paragraph (b) of subsection (6) of section 3418 1008.25, Florida Statutes, is amended to read: 3419 1008.25 Public school student progression; remedial 3420 instruction; reporting requirements.— 3421 (6) ELIMINATION OF SOCIAL PROMOTION.— 3422 (b) The district school board may only exempt students from 3423 mandatory retention, as provided in paragraph (5)(b), for good 3424 cause. A student who is promoted to grade 4 with a good cause 3425 exemption shall be provided intensive reading instruction and 3426 intervention that include specialized diagnostic information and 3427 specific reading strategies to meet the needs of each student so 3428 promoted. The school district shall assist schools and teachers 3429 with the implementation of reading strategies for students 3430 promoted with a good cause exemption which research has shown to 3431 be successful in improving reading among students whothathave 3432 reading difficulties. Good cause exemptions are limited to the 3433 following: 3434 1. Limited English proficient students who have had less 3435 than 2 years of instruction in an English for Speakers of Other 3436 Languages program. 3437 2. Students with disabilities whose individual education 3438 plan indicates that participation in the statewide assessment 3439 program is not appropriate, consistent with the requirements of 3440 s. 1008.212. 3441 3. Students who demonstrate an acceptable level of 3442 performance on an alternative standardized reading or English 3443 Language Arts assessment approved by the State Board of 3444 Education. 3445 4. A student who demonstrates through a student portfolio 3446 that he or she is performing at least at Level 2 on the 3447 statewide, standardized Reading assessment or, upon 3448 implementation, the English Language Arts assessment. 3449 5. Students with disabilities who take the statewide, 3450 standardized Reading assessment or, upon implementation, the 3451 English Language Arts assessment and who have an individual 3452 education plan or a Section 504 plan that reflects that the 3453 student has received intensive remediation in reading or English 3454 Language Arts for more than 2 years but still demonstrates a 3455 deficiency and was previously retained in kindergarten, grade 1, 3456 grade 2, or grade 3. 3457 6. Students who have received intensive reading 3458 intervention for 2 or more years but still demonstrate a 3459 deficiency in reading and who were previously retained in 3460 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 3461 years. A student may not be retained more than once in grade 3. 3462 7. Students who have received intensive remediation in 3463 reading or English Language Arts for 2 or more years but still 3464 demonstrate a deficiency and who were previously retained in 3465 kindergarten, grade 1, grade 2, or grade 3 for a total of 2 3466 years. Intensive instruction for students so promoted must 3467 include an altered instructional day that includes specialized 3468 diagnostic information and specific reading strategies for each 3469 student. The district school board shall assist schools and 3470 teachers to implement reading strategies that research has shown 3471 to be successful in improving reading among low-performing 3472 readers. 3473 Reviser’s note.—Amended to confirm the editorial substitution of 3474 the word “who” for the word “that.” 3475 Section 117. Paragraphs (b) and (d) of subsection (3) of 3476 section 1008.34, Florida Statutes, are amended to read: 3477 1008.34 School grading system; school report cards; 3478 district grade.— 3479 (3) DESIGNATION OF SCHOOL GRADES.— 3480 (b)1. Beginning with the 2014-2015 school year, a school’s 3481 grade shall be based on the following components, each worth 100 3482 points: 3483 a. The percentage of eligible students passing statewide, 3484 standardized assessments in English Language Arts under s. 3485 1008.22(3). 3486 b. The percentage of eligible students passing statewide, 3487 standardized assessments in mathematics under s. 1008.22(3). 3488 c. The percentage of eligible students passing statewide, 3489 standardized assessments in science under s. 1008.22(3). 3490 d. The percentage of eligible students passing statewide, 3491 standardized assessments in social studies under s. 1008.22(3). 3492 e. The percentage of eligible students who make Learning 3493 Gains in English Language Arts as measured by statewide, 3494 standardized assessments administered under s. 1008.22(3). 3495 f. The percentage of eligible students who make Learning 3496 Gains in mathematics as measured by statewide, standardized 3497 assessments administered under s. 1008.22(3). 3498 g. The percentage of eligible students in the lowest 25 3499 percent in English Language Arts, as identified by prior year 3500 performance on statewide, standardized assessments, who make 3501 Learning Gains as measured by statewide, standardized English 3502 Language Arts assessments administered under s. 1008.22(3). 3503 h. The percentage of eligible students in the lowest 25 3504 percent in mathematics, as identified by prior year performance 3505 on statewide, standardized assessments, who make Learning Gains 3506 as measured by statewide, standardized mathematics assessments 3507 administered under s. 1008.22(3). 3508 i. For schools comprised of middle grades 6 through 8 or 3509 grades 7 and 8, the percentage of eligible students passing high 3510 school level statewide, standardized end-of-course assessments 3511 or attaining national industry certifications identified in the 3512 CAPE Industry Certification Funding List pursuant to rules 3513 adopted by the State Board of Education. 3514 3515 In calculating Learning Gains for the components listed in sub 3516 subparagraphs e.-h., the State Board of Education shall require 3517 that learning growth toward achievement levels 3, 4, and 5 is 3518 demonstrated by students who scored below each of those levels 3519 in the prior year. In calculating the components in sub 3520 subparagraphs a.-d., the state board shall include the 3521 performance of English language learners only if they have been 3522 enrolled in a school in the United States for more than 2 years. 3523 2. For a school comprised of grades 9, 10, 11, and 12, or 3524 grades 10, 11, and 12, the school’s grade shall also be based on 3525 the following components, each worth 100 points: 3526 a. The 4-year high school graduation rate of the school as 3527 defined by state board rule. 3528 b. The percentage of students who were eligible to earn 3529 college and career credit through College Board Advanced 3530 Placement examinations, International Baccalaureate 3531 examinations, dual enrollment courses, or Advanced International 3532 Certificate of Education examinations; or who, at any time 3533 during high school, earned national industry certification 3534 identified in the CAPE Industry Certification Funding List, 3535 pursuant to rules adopted by the state board. 3536 (d) The performance of students attending alternative 3537 schools and students designated as hospital or homebound shall 3538 be factored into a school grade as follows: 3539 1. The student performance data for eligible students 3540 attending alternative schools that provide dropout prevention 3541 and academic intervention services pursuant to s. 1003.53 shall 3542 be included in the calculation of the home school’s grade. The 3543 term “eligible students” in this subparagraph does not include 3544 students attending an alternative school who are subject to 3545 district school board policies for expulsion for repeated or 3546 serious offenses, who are in dropout retrieval programs serving 3547 students who have officially been designated as dropouts, or who 3548 are in programs operated or contracted by the Department of 3549 Juvenile Justice. As used in this subparagraphand s. 1008.341, 3550 the term “home school” means the school to which the student 3551 would be assigned if the student were not assigned to an 3552 alternative school. If an alternative school chooses to be 3553 graded under this section, student performance data for eligible 3554 students identified in this subparagraph shall not be included 3555 in the home school’s grade but shall be included only in the 3556 calculation of the alternative school’s grade. A school district 3557 that fails to assign statewide, standardized end-of-course 3558 assessment scores of each of its students to his or her home 3559 school or to the alternative school that receives a grade shall 3560 forfeit Florida School Recognition Program funds for one fiscal 3561 year. School districts must require collaboration between the 3562 home school and the alternative school in order to promote 3563 student success. This collaboration must include an annual 3564 discussion between the principal of the alternative school and 3565 the principal of each student’s home school concerning the most 3566 appropriate school assignment of the student. 3567 2. Student performance data for students designated as 3568 hospital or homebound shall be assigned to their home school for 3569 the purposes of school grades. As used in this subparagraph, the 3570 term “home school” means the school to which a student would be 3571 assigned if the student were not assigned to a hospital or 3572 homebound program. 3573 Reviser’s note.—Paragraph (3)(b) amended to conform to the 3574 complete name of the CAPE Industry Certification Funding 3575 List authorized in s. 1008.44; s. 1008.44 was amended by s. 3576 12, ch. 2014-184, Laws of Florida, to add the word “CAPE” 3577 to the name of the Industry Certification Funding List. 3578 Paragraph (3)(d) amended to conform to the fact that 3579 references to “home school” were deleted from s. 1008.341 3580 by s. 7, ch. 2014-23, Laws of Florida. 3581 Section 118. Paragraph (c) of subsection (4) of section 3582 1008.44, Florida Statutes, is amended to read: 3583 1008.44 CAPE Industry Certification Funding List and CAPE 3584 Postsecondary Industry Certification Funding List.— 3585 (4) 3586 (c) The Articulation Coordinating Committee shall review 3587 statewide articulation agreement proposals for industry 3588 certifications and make recommendations to the State Board of 3589 Education for approval. After an industry certification is 3590 adopted by the State Board of Education for inclusion on the 3591 CAPE Industry Certification Funding List, the Chancellor of 3592 Career and Adult Education, within 90 days, must provide to the 3593 Articulation Coordinating Committee recommendations for 3594 articulation of postsecondary credit for related degrees for the 3595 approved certifications. 3596 Reviser’s note.—Amended to conform to the complete name of the 3597 CAPE Industry Certification Funding List, as amended 3598 elsewhere in this section by s. 12, ch. 2014-184, Laws of 3599 Florida. 3600 Section 119. Paragraph (b) of subsection (6) of section 3601 1011.80, Florida Statutes, is amended to read: 3602 1011.80 Funds for operation of workforce education 3603 programs.— 3604 (6) 3605 (b) Performance funding for industry certifications for 3606 school district workforce education programs is contingent upon 3607 specific appropriation in the General Appropriations Act and 3608 shall be determined as follows: 3609 1. Occupational areas for which industry certifications may 3610 be earned, as established in the General Appropriations Act, are 3611 eligible for performance funding. Priority shall be given to the 3612 occupational areas emphasized in state, national, or corporate 3613 grants provided to Florida educational institutions. 3614 2. The Chancellor of Career and Adult Education shall 3615 identify the industry certifications eligible for funding on the 3616 CAPE Postsecondary Industry Certification Funding List approved 3617 by the State Board of Education pursuant to s. 1008.44, based on 3618 the occupational areas specified in the General Appropriations 3619 Act. 3620 3. Each school district shall be provided $1,000 for each 3621 industry certification earned by a workforce education student. 3622 The maximum amount of funding appropriated for performance 3623 funding pursuant to this paragraph shall be limited to $15 3624 million annually. If funds are insufficient to fully fund the 3625 calculated total award, such funds shall be prorated. 3626 Reviser’s note.—Amended to conform to the complete name of the 3627 CAPE Postsecondary Industry Certification Funding List 3628 authorized in s. 1008.44; s. 1008.44 was amended by s. 12, 3629 ch. 2014-184, Laws of Florida, to add the word “CAPE” to 3630 the name of the Postsecondary Industry Certification 3631 Funding List. 3632 Section 120. Paragraph (b) of subsection (2) of section 3633 1011.81, Florida Statutes, is amended to read: 3634 1011.81 Florida College System Program Fund.— 3635 (2) Performance funding for industry certifications for 3636 Florida College System institutions is contingent upon specific 3637 appropriation in the General Appropriations Act and shall be 3638 determined as follows: 3639 (b) The Chancellor of the Florida College System shall 3640 identify the industry certifications eligible for funding on the 3641 CAPE Postsecondary Industry Certification Funding List approved 3642 by the State Board of Education pursuant to s. 1008.44, based on 3643 the occupational areas specified in the General Appropriations 3644 Act. 3645 Reviser’s note.—Amended to conform to the complete name of the 3646 CAPE Postsecondary Industry Certification Funding List 3647 authorized in s. 1008.44; s. 1008.44 was amended by s. 12, 3648 ch. 2014-184, Laws of Florida, to add the word “CAPE” to 3649 the name of the Postsecondary Industry Certification 3650 Funding List. 3651 Section 121. Paragraph (b) of subsection (1) of section 3652 1011.905, Florida Statutes, is amended to read: 3653 1011.905 Performance funding for state universities.— 3654 (1) State performance funds for the State University System 3655 shall be based on indicators of system and institutional 3656 attainment of performance expectations. For the 2012-2013 3657 through at least the 2016-2017 fiscal year, the Board of 3658 Governors shall review and rank each state university that 3659 applies for performance funding, as provided in the General 3660 Appropriations Act, based on the following formula: 3661 (b) Twenty-five percent of a state university’s score shall 3662 be based on the percentage of graduates who have earned 3663 baccalaureate degrees in the programs in paragraph (a) and who 3664 have earned industry certifications identified on the CAPE 3665 Postsecondary Industry Certification Funding List approved by 3666 the State Board of Education pursuant to s. 1008.44 in a related 3667 field from a Florida College System institution or state 3668 university prior to graduation. 3669 Reviser’s note.—Amended to conform to the complete name of the 3670 CAPE Postsecondary Industry Certification Funding List 3671 authorized by s. 1008.44; s. 1008.44 was amended by s. 12, 3672 ch. 2014-184, Laws of Florida, to add the word “CAPE” to 3673 the name of the Postsecondary Industry Certification 3674 Funding List. 3675 Section 122. Paragraph (a) of subsection (2) of section 3676 1013.738, Florida Statutes, is amended to read: 3677 1013.738 High Growth District Capital Outlay Assistance 3678 Grant Program.— 3679 (2) In order to qualify for a grant, a school district must 3680 meet the following criteria: 3681 (a) The district must have levied the full 1.52mills of 3682 nonvoted discretionary capital outlay millage authorized in s. 3683 1011.71(2) for each of the past 4 fiscal years. 3684 Reviser’s note.—Amended to conform to context and facilitate 3685 correct interpretation. Section 1011.71(2) provides a 3686 maximum of 1.5 mills that the school board may levy. 3687 Section 123. Except as otherwise provided in this act, this 3688 act shall take effect on the 60th day after adjournment sine die 3689 of the session of the Legislature in which enacted.