Florida Senate - 2015                                     SB 706
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00625-15                                            2015706__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         257.171, 257.193, 257.43, 393.0651, 393.066, 394.4789,
    4         394.495, 394.496, 394.497, 397.406, 397.407, 397.427,
    5         397.471, 397.901, 397.96, 400.147, 401.113, 401.252,
    6         401.34, 402.04, 402.47, 403.414, 403.510, 403.7061,
    7         403.763, 403.871, 403.873, 403.874, 403.876, 403.942,
    8         406.11, 409.2598, 409.9102, 415.112, 420.526, 420.527,
    9         429.44, 467.0125, 467.013, 467.019, 468.1165, 468.307,
   10         468.3851, 468.3852, 468.404, 468.435, 468.532,
   11         468.8312, 468.8317, 468.8412, 476.214, 477.022,
   12         479.07, 481.205, 502.121, and 509.035, F.S., and
   13         repealing s. 415.112, F.S., to conform to the
   14         directive of the Legislature in section 9 of chapter
   15         2012-116, Laws of Florida, codified as section
   16         11.242(5)(j), Florida Statutes, to prepare a reviser’s
   17         bill to omit all statutes and laws, or parts thereof,
   18         which grant duplicative, redundant, or unused
   19         rulemaking authority; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 257.171, Florida Statutes, is amended to
   24  read:
   25         257.171 Multicounty libraries.—Units of local government
   26  may establish a multicounty library. The Division of Library and
   27  Information Services may establish operating standards and rules
   28  under which a multicounty library is eligible to receive state
   29  moneys. For a multicounty library, a local government may pay
   30  moneys in advance in lump sum from its public funds for the
   31  provision of library services only.
   32         Section 2. Subsection (5) of section 257.193, Florida
   33  Statutes, is amended to read:
   34         257.193 Community Libraries in Caring Program.—
   35         (5) The Department of State may adopt rules to administer
   36  this section.
   37         Section 3. Paragraph (b) of subsection (2) of section
   38  257.43, Florida Statutes, is amended to read:
   39         257.43 Citizen support organization; use of state
   40  administrative services and property; audit.—
   41         (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.—
   42         (b) The division may prescribe by rule any condition with
   43  which a citizen support organization shall comply in order to
   44  use division administrative services, property, or facilities.
   45         Section 4. Subsection (1) of section 393.0651, Florida
   46  Statutes, is amended to read:
   47         393.0651 Family or individual support plan.—The agency
   48  shall provide directly or contract for the development of a
   49  family support plan for children ages 3 to 18 years of age and
   50  an individual support plan for each client. The client, if
   51  competent, the client’s parent or guardian, or, when
   52  appropriate, the client advocate, shall be consulted in the
   53  development of the plan and shall receive a copy of the plan.
   54  Each plan must include the most appropriate, least restrictive,
   55  and most cost-beneficial environment for accomplishment of the
   56  objectives for client progress and a specification of all
   57  services authorized. The plan must include provisions for the
   58  most appropriate level of care for the client. Within the
   59  specification of needs and services for each client, when
   60  residential care is necessary, the agency shall move toward
   61  placement of clients in residential facilities based within the
   62  client’s community. The ultimate goal of each plan, whenever
   63  possible, shall be to enable the client to live a dignified life
   64  in the least restrictive setting, be that in the home or in the
   65  community. For children under 6 years of age, the family support
   66  plan shall be developed within the 45-day application period as
   67  specified in s. 393.065(1); for all applicants 6 years of age or
   68  older, the family or individual support plan shall be developed
   69  within the 60-day period as specified in that subsection.
   70         (1) The agency shall develop and specify by rule the core
   71  components of support plans.
   72         Section 5. Subsection (8) of section 393.066, Florida
   73  Statutes, is amended to read:
   74         393.066 Community services and treatment.—
   75         (8) The agency may adopt rules providing definitions,
   76  eligibility criteria, and procedures for the purchase of
   77  services provided pursuant to this section.
   78         Section 6. Section 394.4789, Florida Statutes, is amended
   79  to read:
   80         394.4789 Establishment of referral process and eligibility
   81  determination.—
   82         (1) The department shall adopt by rule a referral process
   83  which shall provide each participating specialty psychiatric
   84  hospital with a system for accepting into the hospital’s care
   85  indigent mentally ill persons referred by the department. It is
   86  the intent of the Legislature that a hospital which seeks
   87  payment under s. 394.4788 shall accept referrals from the
   88  department. However, a hospital shall have the right to refuse
   89  the admission of a patient due to lack of functional bed space
   90  or lack of services appropriate to a patient’s specific
   91  treatment and no hospital shall be required to accept referrals
   92  if the costs for treating the referred patient are no longer
   93  reimbursable because the hospital has reached the level of
   94  contribution made to the PMATF in the previous fiscal year.
   95  Furthermore, a hospital that does not seek compensation for
   96  indigent mentally ill patients under the provisions of this act
   97  shall not be obliged to accept department referrals,
   98  notwithstanding any agreements it may have entered into with the
   99  department. The right of refusal in this subsection shall not
  100  affect a hospital’s requirement to provide emergency care
  101  pursuant to s. 395.1041 or other statutory requirements related
  102  to the provision of emergency care.
  103         (2) The department shall adopt by rule a patient
  104  eligibility form and shall be responsible for eligibility
  105  determination. However, The department may contract with
  106  participating psychiatric hospitals for eligibility
  107  determination. The eligibility form shall provide the mechanism
  108  for determining a patient’s eligibility according to the
  109  requirements of s. 394.4788(1).
  110         (a) A specialty psychiatric hospital shall be eligible for
  111  reimbursement only when an eligibility form has been completed
  112  for each indigent mentally ill person for whom reimbursement is
  113  sought.
  114         (b) As part of eligibility determination, every effort
  115  shall be made by the hospital to determine if any third party
  116  insurance coverage is available.
  117         Section 7. Subsection (3) of section 394.495, Florida
  118  Statutes, is amended to read:
  119         394.495 Child and adolescent mental health system of care;
  120  programs and services.—
  121         (3) Assessments must be performed by:
  122         (a) A professional as defined in s. 394.455(2), (4), (21),
  123  (23), or (24);
  124         (b) A professional licensed under chapter 491; or
  125         (c) A person who is under the direct supervision of a
  126  professional as defined in s. 394.455(2), (4), (21), (23), or
  127  (24) or a professional licensed under chapter 491.
  128  
  129  The department shall adopt by rule statewide standards for
  130  mental health assessments, which must be based on current
  131  relevant professional and accreditation standards.
  132         Section 8. Subsection (5) of section 394.496, Florida
  133  Statutes, is amended to read:
  134         394.496 Service planning.—
  135         (5) The department shall adopt by rule criteria for
  136  determining when a child or adolescent who receives mental
  137  health services under ss. 394.490-394.497 must have an
  138  individualized services plan.
  139         Section 9. Subsection (2) of section 394.497, Florida
  140  Statutes, is amended to read:
  141         394.497 Case management services.—
  142         (2) The department shall adopt by rule criteria that define
  143  the target population who shall be assigned case managers. The
  144  department shall develop standards for case management services
  145  and procedures for appointing case managers. It is the intent of
  146  the Legislature that case management services not be duplicated
  147  or fragmented and that such services promote the continuity and
  148  stability of a case manager assigned to a child or adolescent
  149  and his or her family.
  150         Section 10. Section 397.406, Florida Statutes, is amended
  151  to read:
  152         397.406 Licensure and regulation of government-operated
  153  substance abuse programs.—Substance abuse programs operated
  154  directly or under contract by the department, the Department of
  155  Corrections, the Department of Juvenile Justice, any other state
  156  agency, or any local correctional agency or authority, which
  157  programs constitute any service provider licensable components
  158  as defined in this chapter, are subject to licensure and
  159  regulation in accordance with rules jointly developed by the
  160  department and the state or local agency operating the program.
  161  The department has authority to exempt promulgate rules
  162  exempting such government-operated programs from specific
  163  licensure provisions of this part, including, but not limited
  164  to, licensure fees and personnel background checks, and to
  165  enforce the regulatory requirements governing such programs.
  166         Section 11. Subsections (1), (5), and (7) of section
  167  397.407, Florida Statutes, are amended to read:
  168         397.407 Licensure process; fees.—
  169         (1) The department shall establish by rule the licensure
  170  process to include fees and categories of licenses and.The rule
  171  must prescribe a fee range that is based, at least in part, on
  172  the number and complexity of programs listed in s. 397.311(18)
  173  which are operated by a licensee. The fees from the licensure of
  174  service components are sufficient to cover at least 50 percent
  175  of the costs of regulating the service components. The
  176  department shall specify by rule a fee range for public and
  177  privately funded licensed service providers. Fees for privately
  178  funded licensed service providers must exceed the fees for
  179  publicly funded licensed service providers. During adoption of
  180  the rule governing the licensure process and fees, the
  181  department shall carefully consider the potential adverse impact
  182  on small, not-for-profit service providers.
  183         (5) The department may issue probationary, regular, and
  184  interim licenses. After adopting the rule governing the
  185  licensure process and fees, The department shall issue one
  186  license for each service component that is operated by a service
  187  provider and defined in rule pursuant to s. 397.311(18). The
  188  license is valid only for the specific service components listed
  189  for each specific location identified on the license. The
  190  licensed service provider shall apply for a new license at least
  191  60 days before the addition of any service components or 30 days
  192  before the relocation of any of its service sites. Provision of
  193  service components or delivery of services at a location not
  194  identified on the license may be considered an unlicensed
  195  operation that authorizes the department to seek an injunction
  196  against operation as provided in s. 397.401, in addition to
  197  other sanctions authorized by s. 397.415. Probationary and
  198  regular licenses may be issued only after all required
  199  information has been submitted. A license may not be
  200  transferred. As used in this subsection, the term “transfer”
  201  includes, but is not limited to, the transfer of a majority of
  202  the ownership interest in the licensed entity or transfer of
  203  responsibilities under the license to another entity by
  204  contractual arrangement.
  205         (7) A regular license may be issued to:
  206         (a) A new applicant at the end of the probationary period.
  207         (b) A licensed applicant that holds a regular license and
  208  is seeking renewal.
  209         (c) An applicant for a service component operating under an
  210  interim license upon successful satisfaction of the requirements
  211  for a regular license.
  212  
  213  In order to be issued a regular license, the applicant must be
  214  in compliance with statutory and regulatory requirements.
  215  Standards and timeframes for the issuance of a regular license
  216  must be established by rule. An application for renewal of a
  217  regular license must be submitted to the department at least 60
  218  days before the license expires.
  219         Section 12. Paragraph (b) of subsection (2) and subsections
  220  (3) and (8) of section 397.427, Florida Statutes, are amended to
  221  read:
  222         397.427 Medication-assisted treatment service providers;
  223  rehabilitation program; needs assessment and provision of
  224  services; persons authorized to issue takeout medication;
  225  unlawful operation; penalty.—
  226         (2) The department shall determine the need for
  227  establishing providers of medication-assisted treatment services
  228  for opiate addiction.
  229         (b) The department shall prescribe by rule the types of
  230  medication-assisted treatment services for opiate addiction for
  231  which it is necessary to conduct annual assessments of need. If
  232  needs assessment is required, the department shall annually
  233  conduct the assessment and publish a statement of findings which
  234  identifies each substate entity’s need.
  235         (3) The department shall adopt rules necessary to
  236  administer this section, including, but not limited to, rules
  237  prescribing criteria and procedures for:
  238         (a) Determining the need for additional medication-assisted
  239  treatment services for opiate addiction.
  240         (b) Selecting providers for medication-assisted treatment
  241  services for opiate addiction when the number of responses to a
  242  publication of need exceeds the determined need.
  243         (c) Administering any federally required rules,
  244  regulations, or procedures.
  245         (8) The department shall adopt rules necessary to
  246  administer medication-assisted treatment services, including,
  247  but not limited to, rules prescribing criteria and procedures
  248  for:
  249         (a) Determining the need for medication-assisted treatment
  250  services within the publicly funded system.
  251         (b) Selecting medication-assisted service providers within
  252  the publicly funded system.
  253         (c) Administering any federally required rules,
  254  regulations, or procedures related to the provision of
  255  medication-assisted treatment.
  256         Section 13. Section 397.471, Florida Statutes, is amended
  257  to read:
  258         397.471 Service provider facility standards.—
  259         (1) Each service provider must ensure:
  260         (1)(a) Sufficient numbers and types of qualified personnel
  261  on duty and available to provide necessary and adequate safety
  262  and care.
  263         (2)(b) Adequate space for each individual served within a
  264  residential facility.
  265         (3)(c) Adequate infection control, housekeeping, and
  266  sanitation.
  267         (4)(d) Adequate disaster planning policies and procedures.
  268         (2) The State Fire Marshal shall, in cooperation with the
  269  department, establish and enforce minimum firesafety standards,
  270  which standards must be included in the rules adopted by the
  271  department.
  272         Section 14. Subsection (4) of section 397.901, Florida
  273  Statutes, is amended to read:
  274         397.901 Prototype juvenile addictions receiving
  275  facilities.—
  276         (4) The department shall adopt rules necessary to implement
  277  this section. The rules must be written by the department’s
  278  Substance Abuse Program Office and must specify criteria for
  279  staffing and services delineated for the provision of graduated
  280  levels of care from nonintensive to environmentally secure for
  281  the handling of aggressive and difficult-to-manage behavior and
  282  the prevention of elopement.
  283         Section 15. Subsection (5) of section 397.96, Florida
  284  Statutes, is amended to read:
  285         397.96 Case management for complex substance abuse cases.—
  286         (5) The department shall establish by rule standards to
  287  coordinate case management activities from various referral
  288  points, in order to minimize fragmentation and duplication and
  289  promote stability of case managers assigned to a child and
  290  family. In the attempt to minimize duplication, it is the intent
  291  of the Legislature that a child have no more than one case
  292  manager.
  293         Section 16. Subsection (12) of section 400.147, Florida
  294  Statutes, is amended to read:
  295         400.147 Internal risk management and quality assurance
  296  program.—
  297         (12) The agency may adopt rules to administer this section.
  298         Section 17. Subsection (3) of section 401.113, Florida
  299  Statutes, is amended to read:
  300         401.113 Department; powers and duties.—
  301         (3) The department shall adopt rules to administer this
  302  section.
  303         Section 18. Subsection (4) of section 401.252, Florida
  304  Statutes, is amended to read:
  305         401.252 Interfacility transfer.—
  306         (4) The department shall adopt and enforce rules to carry
  307  out this section, including rules for permitting, equipping, and
  308  staffing transport ambulances and that govern the medical
  309  direction under which interfacility transfers take place.
  310         Section 19. Subsections (5) and (6) of section 401.34,
  311  Florida Statutes, are amended to read:
  312         401.34 Fees.—
  313         (5) The department may provide same-day grading of the
  314  examination for an applicant for emergency medical technician or
  315  paramedic certification. The department must provide procedures
  316  for implementing same-day grading in its rules.
  317         (6) The department may by rule offer walk-in eligibility
  318  determination and examination to applicants for emergency
  319  medical technician or paramedic certification who pay to the
  320  department a nonrefundable fee to be set by the department not
  321  to exceed $65. The fee is in addition to the certification fee
  322  and examination fee. The department must establish locations and
  323  times for eligibility determination and examination.
  324         Section 20. Section 402.04, Florida Statutes, is amended to
  325  read:
  326         402.04 Award of scholarships and stipends; disbursement of
  327  funds; administration.—The award of scholarships or stipends
  328  provided for herein shall be made by the Department of Children
  329  and Families, hereinafter referred to as the department. The
  330  department shall handle the administration of the scholarship or
  331  stipend and the Department of Education shall, for and on behalf
  332  of the department, handle the notes issued for the payment of
  333  the scholarships or stipends provided for herein and the
  334  collection of same. The department shall prescribe regulations
  335  governing the payment of scholarships or stipends to the school,
  336  college, or university for the benefit of the scholarship or
  337  stipend holders. All scholarship awards, expenses and costs of
  338  administration shall be paid from moneys appropriated by the
  339  Legislature and shall be paid upon vouchers approved by the
  340  department and properly certified by the Chief Financial
  341  Officer.
  342         Section 21. Subsection (3) of section 402.47, Florida
  343  Statutes, is amended to read:
  344         402.47 Foster grandparent and retired senior volunteer
  345  services to high-risk and handicapped children.—
  346         (3) The department may adopt rules necessary to implement
  347  the provisions of this section.
  348         Section 22. Subsection (3) of section 403.414, Florida
  349  Statutes, is amended to read:
  350         403.414 Environmental award program.—
  351         (3) The department shall adopt rules to govern
  352  administration of the program. An agency, municipality, county,
  353  or other governmental unit; a private organization, institution,
  354  or industry; the communications media; or an individual may
  355  submit a nomination for an award to the department at any time.
  356  A nomination must be submitted on a form adopted by the
  357  department and must include information required by the
  358  department to consider that nomination.
  359         Section 23. Subsection (3) of section 403.510, Florida
  360  Statutes, is amended to read:
  361         403.510 Superseded laws, regulations, and certification
  362  power.—
  363         (3) The board shall have the power to adopt reasonable
  364  procedural rules to carry out its duties under this act and to
  365  give effect to the legislative intent that this act is to
  366  provide an efficient, simplified, centrally coordinated, one
  367  stop licensing process.
  368         Section 24. Subsection (2) of section 403.7061, Florida
  369  Statutes, is amended to read:
  370         403.7061 Requirements for review of new waste-to-energy
  371  facility capacity by the Department of Environmental
  372  Protection.—
  373         (2) Notwithstanding any other provisions of state law, the
  374  department shall not issue a construction permit or
  375  certification to build a waste-to-energy facility or expand an
  376  existing waste-to-energy facility unless the facility meets the
  377  requirements set forth in subsection (3). Any construction
  378  permit issued by the department between January 1, 1993, and May
  379  12, 1993, which does not address these new requirements is
  380  invalid. These new requirements do not apply to the issuance of
  381  permits or permit modifications to retrofit existing facilities
  382  with new or improved pollution control equipment to comply with
  383  state or federal law. The department may initiate rulemaking to
  384  incorporate the criteria in subsection (3) into its permit
  385  review process.
  386         Section 25. Subsection (4) of section 403.763, Florida
  387  Statutes, is amended to read:
  388         403.763 Grants to local governments.—
  389         (4) The department shall initiate rules on or before
  390  January 1, 1989, necessary to carry out the purposes of this
  391  section.
  392         Section 26. Section 403.871, Florida Statutes, is amended
  393  to read:
  394         403.871 Fees.—The department shall, by rule, establish fees
  395  to be paid by persons seeking licensure or license renewal to
  396  cover the entire cost to the department of administering ss.
  397  403.865-403.876, including, but not limited to, the costs
  398  associated with application review and examination,
  399  reexamination, licensing and renewal, renewal of an inactive
  400  license, reactivation of an inactive license, recordmaking, and
  401  recordkeeping, and the costs of ensuring compliance with ss.
  402  403.865-403.876. The fees for license application and license
  403  renewal shall be nonrefundable. The department shall establish
  404  fees adequate to administer and implement ss. 403.865-403.876.
  405         (1) The application fee may not exceed $100 and is not
  406  refundable.
  407         (2) The renewal fee may not exceed $100 and is not
  408  refundable.
  409         (3) All fees collected under this section must be deposited
  410  into the Water Quality Assurance Trust Fund. The fees shall be
  411  used exclusively to implement the provisions of ss. 403.865
  412  403.876.
  413         Section 27. Subsection (2) of section 403.873, Florida
  414  Statutes, is amended to read:
  415         403.873 Renewal of license.—
  416         (2) The department shall adopt rules establishing a
  417  procedure for the biennial renewal of licenses, including the
  418  requirements for continuing education.
  419         Section 28. Subsection (2) of section 403.874, Florida
  420  Statutes, is amended to read:
  421         403.874 Inactive status.—
  422         (2) The department shall adopt rules relating to licenses
  423  that have become inactive and for the reactivation of inactive
  424  licenses, and procedures for null and void licenses and how to
  425  obtain a new license after a license has become null and void.
  426         Section 29. Subsection (1) of section 403.876, Florida
  427  Statutes, is amended to read:
  428         403.876 Grounds for disciplinary action.—
  429         (1) The department shall establish, by rule, the grounds
  430  for taking disciplinary action, including suspending or revoking
  431  a valid license, placing a licensee on probation, refusing to
  432  issue a license, refusing to renew a license, or refusing to
  433  reactivate a license, and the imposition of an administrative
  434  fine, not to exceed $1,000 per count or offense. The fines
  435  collected under this section shall be deposited into the Water
  436  Quality Assurance Trust Fund.
  437         Section 30. Subsection (3) of section 403.942, Florida
  438  Statutes, is amended to read:
  439         403.942 Superseded laws, regulations, and certification
  440  power.—
  441         (3) The board shall have the power to adopt reasonable
  442  procedural rules to carry out its duties under ss. 403.9401
  443  403.9425 and to give effect to the legislative intent that this
  444  act provide an efficient, centrally coordinated, one-stop
  445  licensing process.
  446         Section 31. Subsection (3) of section 406.11, Florida
  447  Statutes, is amended to read:
  448         406.11 Examinations, investigations, and autopsies.—
  449         (3) The Medical Examiners Commission may adopt rules
  450  incorporating by reference parameters or guidelines of practice
  451  or standards of conduct relating to examinations,
  452  investigations, or autopsies performed by medical examiners.
  453         Section 32. Subsection (8) of section 409.2598, Florida
  454  Statutes, is amended to read:
  455         409.2598 License suspension proceeding to enforce support
  456  order.—
  457         (8) RULEMAKING AUTHORITY.—The Department of Revenue may
  458  adopt rules to implement and enforce the requirements of this
  459  section.
  460         Section 33. Subsections (3) and (4) of section 409.9102,
  461  Florida Statutes, are amended to read:
  462         409.9102 A qualified state Long-Term Care Insurance
  463  Partnership Program in Florida.—The Agency for Health Care
  464  Administration, in consultation with the Office of Insurance
  465  Regulation and the Department of Children and Families, is
  466  directed to establish a qualified state Long-Term Care Insurance
  467  Partnership Program in Florida, in compliance with the
  468  requirements of s. 1917(b) of the Social Security Act, as
  469  amended.
  470         (3) The Agency for Health Care Administration is authorized
  471  to amend the Medicaid state plan and adopt rules pursuant to ss.
  472  120.536(1) and 120.54 to implement this section.
  473         (4) The Department of Children and Families, when
  474  determining eligibility for Medicaid long-term care services for
  475  an individual who is the beneficiary of an approved long-term
  476  care partnership program policy, shall reduce the total
  477  countable assets of the individual by an amount equal to the
  478  insurance benefit payments that are made to or on behalf of the
  479  individual. The department is authorized to adopt rules pursuant
  480  to ss. 120.536(1) and 120.54 to implement this subsection.
  481         Section 34. Section 415.112, Florida Statutes, is repealed.
  482         Section 35. Subsections (3) and (6) of section 420.526,
  483  Florida Statutes, are amended to read:
  484         420.526 Predevelopment Loan Program; loans and grants
  485  authorized; activities eligible for support.—
  486         (3) The corporation shall establish rules for the equitable
  487  distribution of the funds in a manner that meets the need and
  488  demand for housing for the target population. Funds shall be
  489  made available under the program on a first-come, first-served
  490  basis, unless otherwise established by corporation rule.
  491  Sponsors of farmworker housing, if any, shall receive first
  492  priority under this program.
  493         (6) Terms and conditions of housing predevelopment loan
  494  agreements shall be established by rule and shall include:
  495         (a) Provision for interest, which shall be set at between 0
  496  and 3 percent per year, as established by the corporation.
  497         (b) Provision of a schedule for the repayment of principal
  498  and interest for a term not to exceed 3 years or initiation of
  499  permanent financing, whichever event occurs first. However, the
  500  corporation may extend the term of a loan for an additional
  501  period if extraordinary circumstances exist and if such
  502  extension would not jeopardize the corporation’s security
  503  interest.
  504         (c) Provision of reasonable security for the housing
  505  predevelopment loan to ensure the repayment of the principal and
  506  any interest accrued within the term specified.
  507         (d) Provisions to ensure that the land acquired will be
  508  used for the development of housing and related services for the
  509  target population.
  510         (e) Provisions to ensure, to the extent possible, that any
  511  accrued savings in cost due to the availability of these funds
  512  will be passed on to the target population in the form of lower
  513  land prices. The corporation shall ensure that such savings in
  514  land prices shall be passed on in the form of lower prices or
  515  rents for dwellings constructed on such land.
  516         (f) Provisions to ensure that any land acquired through
  517  assistance under ss. 420.521-420.529 for housing for the target
  518  population shall not be disposed of or alienated in a manner
  519  that violates Title VII of the 1968 Civil Rights Act, which
  520  specifically prohibits discrimination based on race, sex, color,
  521  religion, or national origin or that violates other applicable
  522  federal or state laws.
  523         Section 36. Section 420.527, Florida Statutes, is amended
  524  to read:
  525         420.527 Application procedure.—
  526         (1) Applications shall be submitted to the corporation in a
  527  form that it establishes by rule.
  528         (2) By rule, The corporation shall establish the criteria
  529  for determining threshold compliance with corporation
  530  objectives. Final decisions regarding funding shall be approved
  531  by the corporation board. The corporation board shall determine
  532  the tentative loan or grant amount available to each program
  533  participant. The actual loan or grant amount shall be determined
  534  pursuant to rule specifying credit underwriting procedures.
  535         (2)(3) The criteria to be used to determine threshold
  536  compliance shall include, but are not limited to, the following:
  537         (a) Income target objectives of the corporation.
  538         (b) Sponsor’s agreement to reserve more than the minimum
  539  number of units for low-income households and very-low-income
  540  households.
  541         (c) Projects requiring the least amount of predevelopment
  542  funds compared to total predevelopment costs.
  543         (d) Sponsor’s prior experience.
  544         (e) Commitments of other financing.
  545         (f) Sponsor’s ability to proceed.
  546         (g) Project’s consistency with the local government
  547  comprehensive plan.
  548         Section 37. Subsection (3) of section 429.44, Florida
  549  Statutes, is amended to read:
  550         429.44 Construction and renovation; requirements.—
  551         (3) The department may adopt rules to establish procedures
  552  and specify the documentation necessary to implement this
  553  section.
  554         Section 38. Paragraph (b) of subsection (1) of section
  555  467.0125, Florida Statutes, is amended to read:
  556         467.0125 Licensure by endorsement.—
  557         (1) The department shall issue a license by endorsement to
  558  practice midwifery to an applicant who, upon applying to the
  559  department, demonstrates to the department that she or he:
  560         (b) Has completed a 4-month prelicensure course conducted
  561  by an approved program and has submitted documentation to the
  562  department of successful completion. The department shall
  563  determine by rule the content of the prelicensure course.
  564         Section 39. Subsection (1) of section 467.013, Florida
  565  Statutes, is amended to read:
  566         467.013 Inactive status.—A licensee may request that his or
  567  her license be placed in an inactive status by making
  568  application to the department and paying a fee.
  569         (1) An inactive license may be renewed for one additional
  570  biennium upon application to the department and payment of the
  571  applicable biennium renewal fee. The department shall establish
  572  by rule procedures and fees for applying to place a license on
  573  inactive status, renewing an inactive license, and reactivating
  574  an inactive license. The fee for any of these procedures may not
  575  exceed the biennial renewal fee established by the department.
  576         Section 40. Subsections (4) and (6) of section 467.019,
  577  Florida Statutes, are amended to read:
  578         467.019 Records and reports.—
  579         (4) The department shall adopt rules requiring that A
  580  midwife shall keep a record of each patient served. Such record
  581  must document, but need not be limited to, each consultation,
  582  referral, transport, transfer of care, and emergency care
  583  rendered by the midwife and must include all subsequent updates
  584  and copy of the birth certificate. These records shall be kept
  585  on file for a minimum of 5 years following the date of the last
  586  entry in the records.
  587         (6) The department shall adopt rules to provide for
  588  maintaining Patient records of a deceased midwife or a midwife
  589  who terminates or relocates a private practice shall be
  590  maintained pursuant to department requirements.
  591         Section 41. Section 468.1165, Florida Statutes, is amended
  592  to read:
  593         468.1165 Professional employment experience requirement.
  594  Every applicant for licensure as a speech-language pathologist
  595  must demonstrate, prior to licensure, a minimum of 9 months of
  596  full-time professional employment, or the equivalent in part
  597  time professional employment. Each applicant for licensure as an
  598  audiologist must demonstrate, prior to licensure, a minimum of
  599  11 months of full-time professional employment, or the
  600  equivalent in part-time professional employment. The board, by
  601  rule, shall establish standards for obtaining and verifying the
  602  required professional employment experience.
  603         Section 42. Subsection (1) of section 468.307, Florida
  604  Statutes, is amended to read:
  605         468.307 Certificate; issuance; display.—
  606         (1) The department shall issue a certificate to each
  607  candidate who has met the requirements of ss. 468.304 and
  608  468.306 or has qualified under s. 468.3065. The department may
  609  by rule establish a subcategory of a certificate issued under
  610  this part limiting the certificateholder to a specific procedure
  611  or specific type of equipment. The first regular certificate
  612  issued to a new certificateholder expires on the last day of the
  613  certificateholder’s birth month and shall be valid for at least
  614  12 months but no more than 24 months. However, if the new
  615  certificateholder already holds a regular, active certificate in
  616  a different category under this part, the new certificate shall
  617  be combined with and expire on the same date as the existing
  618  certificate.
  619         Section 43. Subsection (2) of section 468.3851, Florida
  620  Statutes, is amended to read:
  621         468.3851 Renewal of license.—
  622         (2) The department shall adopt rules establishing a
  623  procedure for the biennial renewal of licenses.
  624         Section 44. Section 468.3852, Florida Statutes, is amended
  625  to read:
  626         468.3852 Reactivation of license; fee.—The board shall
  627  prescribe by rule a fee not to exceed $250 for the reactivation
  628  of an inactive license. The fee shall be in addition to the
  629  current biennial renewal fee.
  630         Section 45. Subsection (1) of section 468.404, Florida
  631  Statutes, is amended to read:
  632         468.404 License; fees; renewals.—
  633         (1) The department by rule shall establish biennial fees
  634  for initial licensing, renewal of license, and reinstatement of
  635  license, none of which fees shall exceed $400. The department
  636  may by rule establish a delinquency fee of no more than $50. The
  637  fees shall be adequate to proportionately fund the expenses of
  638  the department which are allocated to the regulation of talent
  639  agencies and shall be based on the department’s estimate of the
  640  revenue required to administer this part.
  641         Section 46. Subsections (1) and (2) of section 468.435,
  642  Florida Statutes, are amended to read:
  643         468.435 Fees; establishment; disposition.—
  644         (1) The council shall, by rule, establish fees for the
  645  described purposes and within the ranges specified in this
  646  section:
  647         (a) Application fee: not less than $25, or more than $50.
  648         (b) Examination fee: not less than $25, or more than $100.
  649         (c) Initial license fee: not less than $25, or more than
  650  $100.
  651         (d) Renewal of license fee: not less than $25, or more than
  652  $100.
  653         (e) Delinquent license fee: not less than $25, or more than
  654  $50.
  655         (f) Inactive license fee: not less than $10, or more than
  656  $25.
  657         (2) Until the council establishes adopts rules establishing
  658  fees under subsection (1), the lower amount in each range shall
  659  apply.
  660         Section 47. Subsection (4) of section 468.532, Florida
  661  Statutes, is amended to read:
  662         468.532 Discipline.—
  663         (4) The board shall specify by rule the penalties for any
  664  violation of this part.
  665         Section 48. Subsection (1) of section 468.8312, Florida
  666  Statutes, is amended to read:
  667         468.8312 Fees.—
  668         (1) The department, by rule, may establish fees to be paid
  669  for applications, examination, reexamination, licensing and
  670  renewal, inactive status application and reactivation of
  671  inactive licenses, recordkeeping, and applications for providers
  672  of continuing education. The department may also establish by
  673  rule a delinquency fee. Fees shall be based on department
  674  estimates of the revenue required to implement the provisions of
  675  this part. All fees shall be remitted with the appropriate
  676  application, examination, or license.
  677         Section 49. Subsection (2) of section 468.8317, Florida
  678  Statutes, is amended to read:
  679         468.8317 Inactive license.—
  680         (2) A license that becomes inactive may be reactivated upon
  681  application to the department. The department may prescribe by
  682  rule continuing education requirements as a condition of
  683  reactivating a license. The rules may not require more than one
  684  renewal cycle of continuing education to reactivate a license.
  685         Section 50. Subsection (1) of section 468.8412, Florida
  686  Statutes, is amended to read:
  687         468.8412 Fees.—
  688         (1) The department, by rule, may establish fees to be paid
  689  for application, examination, reexamination, licensing and
  690  renewal, inactive status application and reactivation of
  691  inactive licenses, and application for providers of continuing
  692  education. The department may also establish by rule a
  693  delinquency fee. Fees shall be based on department estimates of
  694  the revenue required to implement the provisions of this part.
  695  All fees shall be remitted with the application, examination,
  696  reexamination, licensing and renewal, inactive status
  697  application and reactivation of inactive licenses, and
  698  application for providers of continuing education.
  699         Section 51. Subsection (2) of section 476.214, Florida
  700  Statutes, is amended to read:
  701         476.214 Grounds for suspending, revoking, or refusing to
  702  grant license or certificate.—
  703         (2) The board shall adopt rules relating to the suspension
  704  or revocation of licenses or certificates of registration under
  705  this section pursuant to the provisions of chapter 120.
  706         Section 52. Subsections (1) and (4) of section 477.022,
  707  Florida Statutes, are amended to read:
  708         477.022 Examinations.—
  709         (1) The board shall specify by rule the general areas of
  710  competency to be covered by examinations for the licensing under
  711  this chapter of cosmetologists. The rules shall include the
  712  relative weight assigned in grading each area, the grading
  713  criteria to be used by the examiner, and the score necessary to
  714  achieve a passing grade. The board shall ensure that
  715  examinations adequately measure both an applicant’s competency
  716  and her or his knowledge of related statutory requirements.
  717  Professional testing services may be utilized to formulate the
  718  examinations. The board may, by rule, offer a written clinical
  719  examination or a performance examination, or both, in addition
  720  to a written theory examination.
  721         (4) The board shall adopt rules providing for reexamination
  722  of applicants who have failed the examinations.
  723         Section 53. Paragraph (c) of subsection (3), paragraph (b)
  724  of subsection (5), paragraph (a) of subsection (8), and
  725  subsection (10) of section 479.07, Florida Statutes, are amended
  726  to read:
  727         479.07 Sign permits.—
  728         (3)
  729         (c) The annual permit fee for each sign facing shall be
  730  established by the department by rule in an amount sufficient to
  731  offset the total cost to the department for the program, but may
  732  not be greater than $100. The first-year fee may be prorated by
  733  payment of an amount equal to one-fourth of the annual fee for
  734  each remaining whole quarter or partial quarter of the permit
  735  year. Applications received after the end of the third quarter
  736  of the permit year must include fees for the last quarter of the
  737  current year and fees for the succeeding year.
  738         (5)
  739         (b) If a permit tag is lost, stolen, or destroyed, the
  740  permittee to whom the tag was issued must apply to the
  741  department for a replacement tag. The department shall establish
  742  adopt a rule establishing a service fee for replacement tags in
  743  an amount that will recover the actual cost of providing the
  744  replacement tag. Upon receipt of the application accompanied by
  745  the service fee, the department shall issue a replacement permit
  746  tag.
  747         (8)(a) In order to reduce peak workloads, the department
  748  may provide adopt rules providing for staggered expiration dates
  749  for licenses and permits. Unless otherwise provided for by rule,
  750  All licenses and permits expire annually on January 15. All
  751  license and permit renewal fees are required to be submitted to
  752  the department by no later than the expiration date. At least
  753  105 days before the expiration date of licenses and permits, the
  754  department shall send to each permittee a notice of fees due for
  755  all licenses and permits that were issued to him or her before
  756  the date of the notice. Such notice must list the permits and
  757  the permit fees due for each sign facing. The permittee shall,
  758  no later than 45 days before the expiration date, advise the
  759  department of any additions, deletions, or errors contained in
  760  the notice. Permit tags that are not renewed shall be returned
  761  to the department for cancellation by the expiration date.
  762  Permits that are not renewed or are canceled shall be certified
  763  in writing at that time as canceled or not renewed by the
  764  permittee, and permit tags for such permits shall be returned to
  765  the department or shall be accounted for by the permittee in
  766  writing, which writing shall be submitted with the renewal fee
  767  payment or the cancellation certification. However, failure of a
  768  permittee to submit a permit cancellation does not affect the
  769  nonrenewal of a permit. Before cancellation of a permit, the
  770  permittee shall provide written notice to all persons or
  771  entities having a right to advertise on the sign that the
  772  permittee intends to cancel the permit.
  773         (10) Commercial or industrial zoning that is not
  774  comprehensively enacted or that is enacted primarily to permit
  775  signs may not be recognized as commercial or industrial zoning
  776  for purposes of this provision, and permits may not be issued
  777  for signs in such areas. The department shall adopt rules that
  778  provide criteria to determine whether such zoning is
  779  comprehensively enacted or enacted primarily to permit signs.
  780         Section 54. Subsection (4) of section 481.205, Florida
  781  Statutes, is amended to read:
  782         481.205 Board of Architecture and Interior Design.—
  783         (4) The board may establish by rule minimum procedures,
  784  documentation, and other requirements for indicating evidence of
  785  the exercise of responsible supervising control by a person
  786  licensed under this part in connection with work performed both
  787  inside and outside the licensee’s office.
  788         Section 55. Subsection (1) of section 502.121, Florida
  789  Statutes, is amended to read:
  790         502.121 Future dairy farms and milk and frozen dessert
  791  plants.—
  792         (1) All future construction or extensive alteration of milk
  793  houses, milking barns, stables, parlors, transfer stations, and
  794  milk and frozen dessert plants regulated under this chapter must
  795  meet certain minimum specifications and requirements which the
  796  department shall establish by rule.
  797         Section 56. Subsection (4) of section 509.035, Florida
  798  Statutes, is amended to read:
  799         509.035 Immediate closure due to severe public health
  800  threat.—The division shall, upon proper finding, immediately
  801  issue an order to close an establishment licensed under this
  802  chapter in the instance of a severe and immediate public health
  803  or safety or welfare threat as follows:
  804         (4) The division may further adopt rules for issuing
  805  emergency orders after business hours and on weekends and
  806  holidays in order to ensure the timely closure of an
  807  establishment under this section.
  808         Reviser’s note.—Amends or repeals provisions of the Florida
  809         Statutes pursuant to the directive of the Legislature in s.
  810         9, ch. 2012-116, Laws of Florida, codified as s.
  811         11.242(5)(j), Florida Statutes, to prepare a reviser’s bill
  812         to omit all statutes and laws, or parts thereof, which
  813         grant duplicative, redundant, or unused rulemaking
  814         authority.
  815         Section 57. This act shall take effect on the 60th day
  816  after adjournment sine die of the session of the Legislature in
  817  which enacted.