Bill Text: FL S0850 | 2022 | Regular Session | Enrolled
Bill Title: Florida Statutes
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2022-02-25 - Chapter No. 2022-5 [S0850 Detail]
Download: Florida-2022-S0850-Enrolled.html
ENROLLED 2022 Legislature SB 850 2022850er 1 2 An act relating to the Florida Statutes; repealing ss. 3 27.401, 112.24(6), 197.318, 216.181(11)(d), 4 255.065(15), 288.1226(9), 316.066(2)(f), 331.326, 5 339.63(6), 381.0068, 381.83, 393.0661, 395.1055(1)(f), 6 403.7046(2), 403.73, 409.968(6), 420.0005(2), 7 420.9079(3), 499.0121(7)(b), 499.051(7)(b), 499.931, 8 502.222, 570.48(3), 573.123(2), 601.10(8)(b), 601.76, 9 815.04(3), 893.055(17), 1004.33, 1004.335, and 10 1004.34, F.S., and amending ss. 125.0104(9)(d), 11 216.292(2)(a), 403.7046(3)(b), 601.15(7)(d), and 12 601.152(8)(c), F. S., to delete provisions which have 13 become inoperative by noncurrent repeal or expiration 14 and, pursuant to s. 11.242(5)(b) and (i), F.S., may be 15 omitted from the 2022 Florida Statutes only through a 16 reviser’s bill duly enacted by the Legislature; 17 amending ss. 194.032, 395.1065, 603.011, 601.80, 18 721.071, 815.045, and 921.0022, F.S., and repealing s. 19 218.131, F.S., to conform to changes made by the act; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 27.401, Florida Statutes, is repealed. 25 Reviser’s note.—The cited section establishes the Cross-Circuit 26 Conflict Representation Pilot Program and provides for its 27 expiration, effective June 30, 2016. 28 Section 2. Subsection (6) of section 112.24, Florida 29 Statutes, is repealed. 30 Reviser’s note.—The cited subsection, which relates to 31 assignment of a state agency employee pursuant to 32 intergovernmental interchange of public employees under 33 specified recommendations and approval, for the 2020-2021 34 fiscal year only, expired pursuant to its own terms, 35 effective July 1, 2021. 36 Section 3. Paragraph (d) of subsection (9) of section 37 125.0104, Florida Statutes, is amended to read: 38 125.0104 Tourist development tax; procedure for levying; 39 authorized uses; referendum; enforcement.— 40 (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any 41 other powers and duties provided for agencies created for the 42 purpose of tourism promotion by a county levying the tourist 43 development tax, such agencies are authorized and empowered to: 44 (d) Undertake marketing research and advertising research 45 studies and provide reservations services and convention and 46 meetings booking services consistent with the authorized uses of 47 revenue as set forth in subsection (5). 48 1. Information given to a county tourism promotion agency 49 which, if released, would reveal the identity of persons or 50 entities who provide data or other information as a response to 51 a sales promotion effort, an advertisement, or a research 52 project or whose names, addresses, meeting or convention plan 53 information or accommodations or other visitation needs become 54 booking or reservation list data, is exempt from s. 119.07(1) 55 and s. 24(a), Art. I of the State Constitution. 56 2. The following information, when held by a county tourism 57 promotion agency, is exempt from s. 119.07(1) and s. 24(a), Art. 58 I of the State Constitution: 59 a. Booking business records, as defined in s. 255.047. 60 b. Trade secrets and commercial or financial information 61 gathered from a person and privileged or confidential, as 62 defined and interpreted under 5 U.S.C. s. 552(b)(4), or any 63 amendments thereto. 643. A trade secret, as defined in s. 812.081, held by a65county tourism promotion agency is exempt from s. 119.07(1) and66s. 24(a), Art. I of the State Constitution. This subparagraph is67subject to the Open Government Sunset Review Act in accordance68with s. 119.15 and shall stand repealed on October 2, 2021,69unless reviewed and saved from repeal through reenactment by the70Legislature.71 Reviser’s note.—Amended to conform to the repeal of subparagraph 72 3. pursuant to its own terms, effective October 2, 2021. 73 Section 4. Section 197.318, Florida Statutes, is repealed. 74 Reviser’s note.—The cited section, which relates to abatement of 75 taxes for residential improvements damaged or destroyed by 76 Hurricane Hermine, Hurricane Matthew, or Hurricane Irma, 77 expired pursuant to its own terms, effective January 1, 78 2021. 79 Section 5. Paragraph (d) of subsection (11) of section 80 216.181, Florida Statutes, is repealed. 81 Reviser’s note.—The cited paragraph, which provided that the 82 Legislative Budget Commission may increase the amounts 83 appropriated to the Fish and Wildlife Conservation 84 Commission or the Department of Environmental Protection 85 for fixed capital outlay projects using funds from 86 specified sources, for the 2020-2021 fiscal year only, 87 expired pursuant to its own terms, effective July 1, 2021. 88 Section 6. Paragraph (a) of subsection (2) of section 89 216.292, Florida Statutes, is amended to read: 90 216.292 Appropriations nontransferable; exceptions.— 91 (2) The following transfers are authorized to be made by 92 the head of each department or the Chief Justice of the Supreme 93 Court whenever it is deemed necessary by reason of changed 94 conditions: 95 (a) The transfer of appropriations funded from identical 96 funding sources, except appropriations for fixed capital outlay, 97 and the transfer of amounts included within the total original 98 approved budget and plans of releases of appropriations as 99 furnished pursuant to ss. 216.181 and 216.192, as follows: 100 1. Between categories of appropriations within a budget 101 entity, if no category of appropriation is increased or 102 decreased by more than 5 percent of the original approved budget 103 or $250,000, whichever is greater, by all action taken under 104 this subsection. 105 2. Between budget entities within identical categories of 106 appropriations, if no category of appropriation is increased or 107 decreased by more than 5 percent of the original approved budget 108 or $250,000, whichever is greater, by all action taken under 109 this subsection. 110 3. Any agency exceeding salary rate established pursuant to 111 s. 216.181(8) on June 30th of any fiscal year shall not be 112 authorized to make transfers pursuant to subparagraphs 1. and 2. 113 in the subsequent fiscal year. 114 4. Notice of proposed transfers under subparagraphs 1. and 115 2. shall be provided to the Executive Office of the Governor and 116 the chairs of the legislative appropriations committees at least 117 3 days prior to agency implementation in order to provide an 118 opportunity for review. The review shall be limited to ensuring 119 that the transfer is in compliance with the requirements of this 120 paragraph. 1215. For the 2020-2021 fiscal year, the review shall ensure122that transfers proposed pursuant to this paragraph comply with123this chapter, maximize the use of available and appropriate124trust funds, and are not contrary to legislative policy and125intent. This subparagraph expires July 1, 2021.126 Reviser’s note.—Amended to conform to the expiration of 127 subparagraph 5. pursuant to its own terms, effective July 128 1, 2021. 129 Section 7. Subsection (15) of section 255.065, Florida 130 Statutes, is repealed. 131 Reviser’s note.—The cited subsection, which provides an 132 exemption from open government requirements for specified 133 unsolicited proposals received by a responsible public 134 entity, was repealed pursuant to its own terms, effective 135 October 2, 2021. 136 Section 8. Subsection (9) of section 288.1226, Florida 137 Statutes, is repealed. 138 Reviser’s note.—The cited subsection, which provides an 139 exemption from open government requirements for the 140 identity of any person who responds to a marketing project 141 or advertising research project conducted by the Florida 142 Tourism Industry Marketing Corporation conducted by the 143 corporation in the performance of its duties on behalf of 144 Enterprise Florida, Inc., or trade secrets obtained 145 pursuant thereto, was repealed pursuant to its own terms, 146 effective October 2, 2021. 147 Section 9. Paragraph (f) of subsection (2) of section 148 316.066, Florida Statutes, is repealed. 149 Reviser’s note.—The cited paragraph, which provides for an 150 exemption from open government requirements for requests 151 for phone numbers and addresses of parties in an automobile 152 crash report, by specified free newspapers, was repealed 153 pursuant to its own terms, effective October 2, 2019. 154 Section 10. Section 331.326, Florida Statutes, is repealed. 155 Reviser’s note.—The cited section, which provides an exemption 156 from open government requirements for trade secrets in the 157 records of Space Florida, was repealed pursuant to its own 158 terms, effective October 2, 2021. 159 Section 11. Subsection (6) of section 339.63, Florida 160 Statutes, is repealed. 161 Reviser’s note.—The cited subsection, which directs the 162 Department of Transportation to fully fund projects on 163 facilities that were designated as part of the Strategic 164 Intermodal System before the most recent designation 165 change, which were approved by the Secretary of 166 Transportation in May 2019, and for which construction has 167 commenced but is not completed, expired pursuant to its own 168 terms, effective July 1, 2021. 169 Section 12. Section 381.0068, Florida Statutes, is 170 repealed. 171 Reviser’s note.—The cited section, which relates to a technical 172 review and advisory panel to assist the Department of 173 Health with rule adoption, was repealed by s. 9, ch. 2020 174 150, Laws of Florida, effective July 1, 2021. Since the 175 section was not repealed by a “current session” of the 176 Legislature, it may be omitted from the 2022 Florida 177 Statutes only through a reviser’s bill duly enacted by the 178 Legislature. See s. 11.242(5)(b) and (i). 179 Section 13. Section 381.83, Florida Statutes, is repealed. 180 Reviser’s note.—The cited section, which provides an exemption 181 from open government requirements for trade secrets 182 obtained under chapter 381, was repealed pursuant to its 183 own terms, effective October 2, 2021. 184 Section 14. Section 393.0661, Florida Statutes, is 185 repealed. 186 Reviser’s note.—The cited section, which relates to a 187 comprehensive redesign of the home and community-based 188 services delivery system, was repealed by s. 3, ch. 2020 189 71, Laws of Florida, effective July 1, 2021. Since the 190 section was not repealed by a “current session” of the 191 Legislature, it may be omitted from the 2022 Florida 192 Statutes only through a reviser’s bill duly enacted by the 193 Legislature. See s. 11.242(5)(b) and (i). 194 Section 15. Paragraph (f) of subsection (1) of section 195 395.1055, Florida Statutes, is repealed. 196 Reviser’s note.—The cited paragraph, which relates to submittal 197 of such data as necessary to conduct certificate-of-need 198 reviews required under part I of chapter 408 by hospitals, 199 was repealed by s. 3, ch. 2019-136, Laws of Florida, 200 effective July 1, 2021. Since the paragraph was not 201 repealed by a “current session” of the Legislature, it may 202 be omitted from the 2022 Florida Statutes only through a 203 reviser’s bill duly enacted by the Legislature. See s. 204 11.242(5)(b) and (i). 205 Section 16. Subsection (2) of section 403.7046, Florida 206 Statutes, is repealed, and paragraph (b) of subsection (3) of 207 that section is amended to read: 208 403.7046 Regulation of recovered materials.— 209 (3) Except as otherwise provided in this section or 210 pursuant to a special act in effect on or before January 1, 211 1993, a local government may not require a commercial 212 establishment that generates source-separated recovered 213 materials to sell or otherwise convey its recovered materials to 214 the local government or to a facility designated by the local 215 government, nor may the local government restrict such a 216 generator’s right to sell or otherwise convey such recovered 217 materials to any properly certified recovered materials dealer 218 who has satisfied the requirements of this section. A local 219 government may not enact any ordinance that prevents such a 220 dealer from entering into a contract with a commercial 221 establishment to purchase, collect, transport, process, or 222 receive source-separated recovered materials. 223 (b)1.Before engaging in business within the jurisdiction 224 of the local government, a recovered materials dealer or 225 pyrolysis facility must provide the local government with a copy 226 of the certification provided for in this section. In addition, 227 the local government may establish a registration process 228 whereby a recovered materials dealer or pyrolysis facility must 229 register with the local government before engaging in business 230 within the jurisdiction of the local government. Such 231 registration process is limited to requiring the dealer or 232 pyrolysis facility to register its name, including the owner or 233 operator of the dealer or pyrolysis facility, and, if the dealer 234 or pyrolysis facility is a business entity, its general or 235 limited partners, its corporate officers and directors, its 236 permanent place of business, evidence of its certification under 237 this section, and a certification that the recovered materials 238 or post-use polymers will be processed at a recovered materials 239 processing facility or pyrolysis facility satisfying the 240 requirements of this section. The local government may not use 241 the information provided in the registration application to 242 compete unfairly with the recovered materials dealer until 90 243 days after receipt of the application. All counties, and 244 municipalities whose population exceeds 35,000 according to the 245 population estimates determined pursuant to s. 186.901, may 246 establish a reporting process that must be limited to the 247 regulations, reporting format, and reporting frequency 248 established by the department pursuant to this section, which 249 must, at a minimum, include requiring the dealer or pyrolysis 250 facility to identify the types and approximate amount of 251 recovered materials or post-use polymers collected, recycled, or 252 reused during the reporting period; the approximate percentage 253 of recovered materials or post-use polymers reused, stored, or 254 delivered to a recovered materials processing facility or 255 pyrolysis facility or disposed of in a solid waste disposal 256 facility; and the locations where any recovered materials or 257 post-use polymers were disposed of as solid waste. The local 258 government may charge the dealer or pyrolysis facility a 259 registration fee commensurate with and no greater than the cost 260 incurred by the local government in operating its registration 261 program. Registration program costs are limited to those costs 262 associated with the activities described in this paragraph 263subparagraph. Any reporting or registration process established 264 by a local government with regard to recovered materials or 265 post-use polymers is governed by this section and department 266 rules adopted pursuant thereto. 2672. Information reported under this subsection which, if268disclosed, would reveal a trade secret, as defined in s.269812.081, is confidential and exempt from s. 119.07(1) and s.27024(a), Art. I of the State Constitution. This subparagraph is271subject to the Open Government Sunset Review Act in accordance272with s. 119.15 and shall stand repealed on October 2, 2021,273unless reviewed and saved from repeal through reenactment by the274Legislature.275 Reviser’s note.—Amended to conform to the repeal of subsection 276 (2) and subparagraph (3)(b)2., which were repealed pursuant 277 to their own terms, effective October 2, 2021. 278 Section 17. Section 403.73, Florida Statutes, is repealed. 279 Reviser’s note.—The cited section, which provides an exemption 280 from open government requirements for trade secrets within 281 specified records, reports, or information under part IV of 282 chapter 403, was repealed pursuant to its own terms, 283 effective October 2, 2021. 284 Section 18. Subsection (6) of section 409.968, Florida 285 Statutes, is repealed. 286 Reviser’s note.—The cited subsection, which requires the Agency 287 for Health Care Administration to withhold and set aside a 288 portion of the managed care rates from the rate cells for 289 special needs and home health services in managed medical 290 assistance and managed long-term care programs to implement 291 a home health performance incentive program, expired 292 pursuant to its own terms, effective July 1, 2021. 293 Section 19. Subsection (2) of section 420.0005, Florida 294 Statutes, is repealed. 295 Reviser’s note.—The cited subsection, which relates to use of 296 funds as provided in the General Appropriations Act for the 297 State Housing Trust Fund and the State Housing Fund for the 298 2020-2021 fiscal year, expired pursuant to its own terms, 299 effective July 1, 2021. 300 Section 20. Subsection (3) of section 420.9079, Florida 301 Statutes, is repealed. 302 Reviser’s note.—The cited subsection, which relates to use of 303 funds as provided in the General Appropriations Act for the 304 Local Government Housing Trust Fund for the 2020-2021 305 fiscal year, expired pursuant to its own terms, effective 306 July 1, 2021. 307 Section 21. Paragraph (b) of subsection (7) of section 308 499.0121, Florida Statutes, is repealed. 309 Reviser’s note.—The cited paragraph, which provides an exemption 310 from open government requirements for information 311 constituting a trade secret within prescription drug 312 purchase lists, was repealed pursuant to its own terms, 313 effective October 2, 2021. 314 Section 22. Paragraph (b) of subsection (7) of section 315 499.051, Florida Statutes, is repealed. 316 Reviser’s note.—The cited paragraph, which provides an exemption 317 from open government requirements for information 318 constituting a trade secret contained in a complaint or 319 obtained by the Department of Business and Professional 320 Regulation pursuant to an investigation, was repealed 321 pursuant to its own terms, effective October 2, 2021. 322 Section 23. Section 499.931, Florida Statutes, is repealed. 323 Reviser’s note.—The cited section, which provides an exemption 324 from open government requirements for trade secret 325 information submitted under part III of chapter 499, was 326 repealed pursuant to its own terms, effective October 2, 327 2021. 328 Section 24. Section 502.222, Florida Statutes, is repealed. 329 Reviser’s note.—The cited section, which provides an exemption 330 from open government requirements for information in 331 Department of Agriculture and Consumer Services records 332 regarding matters encompassed by chapter 502 that would 333 reveal a trade secret, was repealed pursuant to its own 334 terms, effective October 2, 2021. 335 Section 25. Subsection (3) of section 570.48, Florida 336 Statutes, is repealed. 337 Reviser’s note.—The cited subsection, which provides an 338 exemption from open government requirements for trade 339 secret information within records of the Division of Fruit 340 and Vegetables, was repealed pursuant to its own terms, 341 effective October 2, 2021. 342 Section 26. Subsection (2) of section 573.123, Florida 343 Statutes, is repealed. 344 Reviser’s note.—The cited subsection, which provides an 345 exemption from open government requirements for trade 346 secret information relating to marketing orders, was 347 repealed pursuant to its own terms, effective October 2, 348 2021. 349 Section 27. Paragraph (b) of subsection (8) of section 350 601.10, Florida Statutes, is repealed. 351 Reviser’s note.—The cited paragraph, which provides an exemption 352 from open government requirements for trade secret 353 information provided to the Department of Citrus, was 354 repealed pursuant to its own terms, effective October 2, 355 2021. 356 Section 28. Paragraph (d) of subsection (7) of section 357 601.15, Florida Statutes, is amended to read: 358 601.15 Advertising campaign; methods of conducting; 359 assessments; emergency reserve fund; citrus research.— 360 (7) All assessments levied and collected under this chapter 361 shall be paid into the State Treasury on or before the 15th day 362 of each month. Such moneys shall be accounted for in a special 363 fund to be designated as the Florida Citrus Advertising Trust 364 Fund, and all moneys in such fund are appropriated to the 365 department for the following purposes: 366 (d)1.The pro rata portion of moneys allocated to each type 367 of citrus product in noncommodity programs shall be used by the 368 department to encourage substantial increases in the 369 effectiveness, frequency, and volume of noncommodity 370 advertising, merchandising, publicity, and sales promotion of 371 such citrus products through rebates and incentive payments to 372 handlers and trade customers for these activities. The 373 department shall adopt rules providing for the use of such 374 moneys. The rules shall establish alternate incentive programs, 375 including at least one incentive program for product sold under 376 advertised brands, one incentive program for product sold under 377 private label brands, and one incentive program for product sold 378 in bulk. For each incentive program, the rules must establish 379 eligibility and performance requirements and must provide 380 appropriate limitations on amounts payable to a handler or trade 381 customer for a particular season. Such limitations may relate to 382 the amount of citrus assessments levied and collected on the 383 citrus product handled by such handler or trade customer during 384 a 12-month representative period. 3852. The department may require from participants in386noncommodity advertising and promotional programs commercial387information necessary to determine eligibility for and388performance in such programs. Any information required which389constitutes a trade secret as defined in s. 812.081 is390confidential and exempt from s. 119.07(1) and s. 24(a), Art. I391of the State Constitution. This subparagraph is subject to the392Open Government Sunset Review Act in accordance with s. 119.15393and shall stand repealed on October 2, 2021, unless reviewed and394saved from repeal through reenactment by the Legislature.395 Reviser’s note.—Amended to conform to the repeal of subparagraph 396 2. pursuant to its own terms, effective October 2, 2021. 397 Section 29. Paragraph (c) of subsection (8) of section 398 601.152, Florida Statutes, is amended to read: 399 601.152 Special marketing orders.— 400 (8) 401 (c)1.Every handler shall, at such times as the department 402 may require, file with the department a return, not under oath, 403 on forms to be prescribed and furnished by the department, 404 certified as true and correct, stating the quantity of the type, 405 variety, and form of citrus fruit or citrus product specified in 406 the marketing order first handled in the primary channels of 407 trade in the state by such handler during the period of time 408 specified in the marketing order. Such returns must contain any 409 further information deemed by the department to be reasonably 410 necessary to properly administer or enforce this section or any 411 marketing order implemented under this section. 4122. Information that, if disclosed, would reveal a trade413secret, as defined in s. 812.081, of any person subject to a414marketing order is confidential and exempt from s. 119.07(1) and415s. 24(a), Art. I of the State Constitution. This subparagraph is416subject to the Open Government Sunset Review Act in accordance417with s. 119.15 and shall stand repealed on October 2, 2021,418unless reviewed and saved from repeal through reenactment by the419Legislature.420 Reviser’s note.—Amended to conform to the repeal of subparagraph 421 2. pursuant to its own terms, effective October 2, 2021. 422 Section 30. Section 601.76, Florida Statutes, is repealed. 423 Reviser’s note.—The cited section, which provides an exemption 424 from open government requirements for formulas, which are 425 deemed trade secrets, required to be filed with the 426 Department of Agriculture under the section, was repealed 427 pursuant to its own terms, effective October 2, 2021. 428 Section 31. Subsection (3) of section 815.04, Florida 429 Statutes, is repealed. 430 Reviser’s note.—The cited subsection, which provides an 431 exemption from open government requirements for data, 432 programs, or supporting documentation constituting a trade 433 secret as defined in s. 812.081, held by an agency as 434 defined in chapter 119 and that resides on specified 435 electronic devices, was repealed pursuant to its own terms, 436 effective October 2, 2021. 437 Section 32. Subsection (17) of section 893.055, Florida 438 Statutes, is repealed. 439 Reviser’s note.—The cited subsection, which prohibits the 440 Attorney General and the Department of Health from using 441 funds received as part of a settlement agreement to 442 administer the prescription drug monitoring program, 443 expired pursuant to its own terms, effective July 1, 2021. 444 Section 33. Sections 1004.33 and 1004.34, Florida Statutes, 445 are repealed. 446 Reviser’s note.—The cited sections, which relate to University 447 of South Florida St. Petersburg and the University of South 448 Florida Sarasota, respectively, were repealed by s. 8, ch. 449 2018-4, Laws of Florida, effective July 1, 2020. Since the 450 sections were not repealed by a “current session” of the 451 Legislature, they may be omitted from the 2022 Florida 452 Statutes only through a reviser’s bill duly enacted by the 453 Legislature. See s. 11.242(5)(b) and (i). 454 Section 34. Section 1004.335, Florida Statutes, is 455 repealed. 456 Reviser’s note.—The cited section, which relates to 457 accreditation consolidation of South Florida branch 458 campuses, expired pursuant to its own terms, effective July 459 1, 2020. 460 Section 35. Paragraph (b) of subsection (1) of section 461 194.032, Florida Statutes, is amended to read: 462 194.032 Hearing purposes; timetable.— 463 (1) 464 (b) Notwithstanding the provisions of paragraph (a), the 465 value adjustment board may meet prior to the approval of the 466 assessment rolls by the Department of Revenue, but not earlier 467 than July 1, to hear appeals pertaining to the denial by the 468 property appraiser of exemptions,tax abatements under s.469197.318,agricultural and high-water recharge classifications, 470 classifications as historic property used for commercial or 471 certain nonprofit purposes, and deferrals under subparagraphs 472 (a)2., 3., and 4. In such event, however, the board may not 473 certify any assessments under s. 193.122 until the Department of 474 Revenue has approved the assessments in accordance with s. 475 193.1142 and all hearings have been held with respect to the 476 particular parcel under appeal. 477 Reviser’s note.—Amended to conform to the repeal of s. 197.318 478 by this act. 479 Section 36. Section 218.131, Florida Statutes, is repealed. 480 Reviser’s note.—The cited section, which relates to offset for 481 tax loss associated with reductions in value of certain 482 residences due to specified hurricanes for the 2019-2020 483 fiscal year, occurring as a direct result of the 484 implementation of s. 197.318, is obsolete and intricately 485 tied to s. 197.318, which is repealed by this act. 486 Section 37. Subsection (5) of section 395.1065, Florida 487 Statutes, is amended to read: 488 395.1065 Criminal and administrative penalties; 489 moratorium.— 490 (5) The agency shall impose a fine of $500 for each 491 instance of the facility’s failure to provide the information 492 required by rules adopted pursuant to s. 395.1055(1)(f) 493395.1055(1)(g). 494 Reviser’s note.—Amended to conform to the repeal of s. 495 395.1055(1)(f) by this act. 496 Section 38. Subsection (2) of section 603.011, Florida 497 Statutes, is amended to read: 498 603.011 Fruit and vegetable inspection fees; penalty.— 499 (2) All fees collected by the department under this section 500 shall be deposited into the Citrus Inspection Trust Fund, except 501 that fees collected pursuant to paragraph (1)(b) and s. 502 570.48(3)570.48(4)shall be deposited in the General Inspection 503 Trust Fund. 504 Reviser’s note.—Amended to conform to the repeal of s. 570.48(3) 505 by this act. 506 Section 39. Section 601.80, Florida Statutes, is amended to 507 read: 508 601.80 Unlawful to use uncertified coloring matter.—It is 509 unlawful for any person to use on oranges or citrus hybrids any 510 coloring matter which has not first received the approval of the 511 Department of Agricultureas provided under s. 601.76. 512 Reviser’s note.—Amended to conform to the repeal of s. 601.76 by 513 this act. 514 Section 40. Subsection (1) of section 721.071, Florida 515 Statutes, is amended to read: 516 721.071 Trade secrets.— 517 (1) If a developer or any other person filing material with 518 the division pursuant to this chapter expects the division to 519 keep the material confidential on grounds that the material 520 constitutes a trade secret, as that term is defined in s. 521 812.081, the developer or other person shall file the material 522 together with an affidavit of confidentiality. “Filed material” 523 for purposes of this section shall mean material that is filed 524 with the division with the expectation that the material will be 525 kept confidential and that is accompanied by an affidavit of 526 confidentiality. Filed material that is trade secret information 527 includes, but is not limited to, service contracts relating to 528 the operation of reservation systemsand those items and matters529described in s. 815.04(3). 530 Reviser’s note.—Amended to conform to the repeal of s. 815.04(3) 531 by this act. 532 Section 41. Section 815.045, Florida Statutes, is amended 533 to read: 534 815.045 Trade secret information.—The Legislature finds 535 that it is a public necessity that trade secret information as 536 defined in s. 812.081, and as provided for in s. 815.04(3),be 537 expressly made confidential and exempt from the public records 538 law because it is a felony to disclose such records. Due to the 539 legal uncertainty as to whether a public employee would be 540 protected from a felony conviction if otherwise complying with 541 chapter 119, and with s. 24(a), Art. I of the State 542 Constitution, it is imperative that a public records exemption 543 be created. The Legislature in making disclosure of trade 544 secrets a crime has clearly established the importance attached 545 to trade secret protection. Disclosing trade secrets in an 546 agency’s possession would negatively impact the business 547 interests of those providing an agency such trade secrets by 548 damaging them in the marketplace, and those entities and 549 individuals disclosing such trade secrets would hesitate to 550 cooperate with that agency, which would impair the effective and 551 efficient administration of governmental functions. Thus, the 552 public and private harm in disclosing trade secrets 553 significantly outweighs any public benefit derived from 554 disclosure, and the public’s ability to scrutinize and monitor 555 agency action is not diminished by nondisclosure of trade 556 secrets. 557 Reviser’s note.—Amended to conform to the repeal of s. 815.04(3) 558 by this act. 559 Section 42. Paragraphs (a) and (c) of subsection (3) of 560 section 921.0022, Florida Statutes, are amended to read: 561 921.0022 Criminal Punishment Code; offense severity ranking 562 chart.— 563 (3) OFFENSE SEVERITY RANKING CHART 564 (a) LEVEL 1 565 566 FloridaStatute FelonyDegree Description 567 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 568 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 569 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 570 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 571 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 572 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 573 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 574 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 575 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 576 322.212(5)(a) 3rd False application for driver license or identification card. 577 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 578 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 579 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 580 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 581 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 582 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 583 815.04(4)(a)815.04(5)(a)3rd Offense against intellectual property (i.e., computer programs, data). 584 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 585 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 586 826.01 3rd Bigamy. 587 828.122(3) 3rd Fighting or baiting animals. 588 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 589 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 590 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 591 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 592 838.15(2) 3rd Commercial bribe receiving. 593 838.16 3rd Commercial bribery. 594 843.18 3rd Fleeing by boat to elude a law enforcement officer. 595 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 596 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 597 849.23 3rd Gambling-related machines; “common offender” as to property rights. 598 849.25(2) 3rd Engaging in bookmaking. 599 860.08 3rd Interfere with a railroad signal. 600 860.13(1)(a) 3rd Operate aircraft while under the influence. 601 893.13(2)(a)2. 3rd Purchase of cannabis. 602 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 603 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 604 (c) LEVEL 3 605 606 FloridaStatute FelonyDegree Description 607 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 608 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 609 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 610 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 611 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 612 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 613 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 614 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 615 327.35(2)(b) 3rd Felony BUI. 616 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 617 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 618 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 619 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 620 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 621 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 622 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 623 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 624 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 625 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 626 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 627 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 628 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 629 697.08 3rd Equity skimming. 630 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 631 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 632 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 633 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 634 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 635 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 636 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 637 812.081(2) 3rd Theft of a trade secret. 638 815.04(4)(b)815.04(5)(b)2nd Computer offense devised to defraud or obtain property. 639 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 640 817.233 3rd Burning to defraud insurer. 641 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 642 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 643 817.236 3rd Filing a false motor vehicle insurance application. 644 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 645 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 646 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 647 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 648 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 649 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 650 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 651 860.15(3) 3rd Overcharging for repairs and parts. 652 870.01(2) 3rd Riot. 653 870.01(4) 3rd Inciting a riot. 654 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs). 655 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university. 656 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility. 657 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 658 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 659 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 660 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 661 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 662 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 663 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 664 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 665 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 666 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 667 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 668 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 669 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 670 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 671 Reviser’s note.—Amended to conform to the repeal of s. 815.04(3) 672 by this act. 673 Section 43. This act shall take effect on the 60th day 674 after adjournment sine die of the session of the Legislature in 675 which enacted.