ENROLLED
       2016 Legislature                                         SB 1040
       
       
       
       
       
       
                                                             20161040er
    1  
    2         An act relating to the Florida Statutes; repealing ss.
    3         15.0525, 29.008(4)(c), 255.25001(3), 339.135(4)(j) and
    4         (5)(c), 373.4137(3)(f), 379.204(3), 403.7095(5),
    5         409.997(2), 527.06(3)(b) as created by section 1 of
    6         chapter 2011-106, Laws of Florida, 553.844(4),
    7         627.410(9), 627.411(4), 627.648, 627.6482, 627.6484,
    8         627.6486, 627.6488, 627.6489, 627.649, 627.6492,
    9         627.6494, 627.6496, 627.6498, 627.6499, 641.31(3)(f),
   10         and 1003.438, F.S., and amending ss. 409.997, 1011.62
   11         as amended by section 9 of chapter 2015-222, Laws of
   12         Florida, and 1013.64, F.S., to delete provisions which
   13         have become inoperative by noncurrent repeal or
   14         expiration and, pursuant to s. 11.242(5)(b) and (i),
   15         F.S., may be omitted from the 2016 Florida Statutes
   16         only through a reviser’s bill duly enacted by the
   17         Legislature; amending ss. 465.1862, 627.601, 627.6699,
   18         627.66997, and 1002.20, F.S., to conform cross
   19         references; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 15.0525, Florida Statutes, is repealed.
   24         Reviser’s note.—The cited section, which relates to the Admiral
   25         John H. Fetterman State of Florida Maritime Museum and
   26         Research Center, expired pursuant to its own terms,
   27         effective July 1, 2015.
   28         Section 2. Paragraph (c) of subsection (4) of section
   29  29.008, Florida Statutes, is repealed.
   30         Reviser’s note.—The cited paragraph, which exempts counties from
   31         the requirements and provisions of s. 29.008(4)(a) for the
   32         2014-2015 fiscal year, expired pursuant to its own terms,
   33         effective July 1, 2015.
   34         Section 3. Subsection (3) of section 255.25001, Florida
   35  Statutes, is repealed.
   36         Reviser’s note.—The cited subsection, which provides for deposit
   37         of funds from the sale of property located in Sanford,
   38         Florida, by the Department of Agriculture and Consumer
   39         Services to the Market Improvements Working Capital Trust
   40         Fund, expired pursuant to its own terms, effective July 1,
   41         2015.
   42         Section 4. Paragraph (j) of subsection (4) and paragraph
   43  (c) of subsection (5) of section 339.135, Florida Statutes, are
   44  repealed.
   45         Reviser’s note.—The cited paragraphs, which relate to Department
   46         of Transportation use, for the 2014-2015 fiscal year only,
   47         of up to $15 million of appropriated funds to pay the costs
   48         of strategic and regionally significant transportation
   49         projects, expired pursuant to their own terms, effective
   50         July 1, 2015.
   51         Section 5. Paragraph (f) of subsection (3) of section
   52  373.4137, Florida Statutes, is repealed.
   53         Reviser’s note.—The cited paragraph requires funds identified in
   54         the Department of Transportation’s work program or
   55         participating transportation authorities’ escrow accounts
   56         to correspond to a cost per acre of $75,000 multiplied by
   57         the projected acres of impact as identified in the
   58         environmental impact inventory for purposes of preparing
   59         and implementing the mitigation plans to be adopted by the
   60         water management districts on or before March 1, 2014, for
   61         impacts based on the July 1, 2013, environmental impact
   62         inventory, and for adjustment to a specified percentage
   63         change in the average of the Consumer Price Index. Payment
   64         under this paragraph is limited to mitigation activities
   65         that are identified in the first year of the 2013
   66         mitigation plan and for which the transportation project is
   67         permitted and are in the department’s adopted work program,
   68         or equivalent for a transportation authority. When
   69         implementing the mitigation activities necessary to offset
   70         the permitted impacts as provided in the approved
   71         mitigation plan, the water management district shall
   72         maintain specified records of the costs incurred in
   73         implementing the mitigation. To the extent moneys paid to a
   74         water management district by the department or a
   75         participating transportation authority are greater than the
   76         amount spent by the water management districts in
   77         implementing the mitigation to offset the permitted
   78         impacts, these funds must be refunded to the department or
   79         participating transportation authority. This paragraph
   80         expired pursuant to its own terms, effective June 30, 2015.
   81         Section 6. Subsection (3) of section 379.204, Florida
   82  Statutes, is repealed.
   83         Reviser’s note.—The cited subsection, which authorizes transfer
   84         of the cash balance originating from hunting and fishing
   85         license fees from other trust funds into the Federal Grants
   86         Trust Fund for the purpose of supporting cash flow needs,
   87         expired pursuant to its own terms, effective July 1, 2012.
   88         Section 7. Subsection (5) of section 403.7095, Florida
   89  Statutes, is repealed.
   90         Reviser’s note.—The cited subsection, which requires the
   91         Department of Environmental Protection, for the 2014-2015
   92         fiscal year only, to award the sum of $3 million in grants
   93         equally to counties having populations of fewer than
   94         100,000 for waste tire and litter prevention, recycling
   95         education, and general solid waste programs, expired
   96         pursuant to its own terms, effective July 1, 2015.
   97         Section 8. Subsection (2) of section 409.997, Florida
   98  Statutes, is repealed, and subsection (4) of that section is
   99  amended to read:
  100         409.997 Child welfare results-oriented accountability
  101  program.—
  102         (3)(4) Subject to a specific appropriation to implement the
  103  accountability program developed under subsection (2), The
  104  department shall establish a technical advisory panel consisting
  105  of representatives from the Florida Institute for Child Welfare
  106  established pursuant to s. 1004.615, lead agencies, community
  107  based care providers, other contract providers, community
  108  alliances, and family representatives. The President of the
  109  Senate and the Speaker of the House of Representatives shall
  110  each appoint a member to serve as a legislative liaison to the
  111  panel. The technical advisory panel shall advise the department
  112  on the implementation of the results-oriented accountability
  113  program.
  114         Reviser’s note.—Subsection (2), which relates to contracting for
  115         and submittal of a plan for implementing the child welfare
  116         results-oriented accountability program, expired pursuant
  117         to its own terms, effective June 30, 2015. Subsection (4)
  118         is amended to conform to the expiration of subsection (2).
  119         Section 9. Paragraph (b) of subsection (3) of section
  120  527.06, Florida Statutes, as created by section 1 of chapter
  121  2011-106, Laws of Florida, is repealed.
  122         Reviser’s note.—The cited paragraph, which provides that the
  123         department or other state agency may not require compliance
  124         with the minimum separation distances of NFPA 58 for
  125         separation between a liquefied petroleum gas tank and a
  126         building, adjoining property line, other liquefied
  127         petroleum gas tank, or any source of ignition, except in
  128         compliance with the minimum separation distances of the
  129         2011 edition of NFPA 58, expired pursuant to its own terms
  130         “upon the last effective date of rules adopted, directly or
  131         incorporated by reference, by the department, the Florida
  132         Building Commission as part of the Florida Building Code,
  133         and the Office of State Fire Marshal as part of the Florida
  134         Fire Prevention Code of these minimum separation distances
  135         contained in the 2011 edition of NFPA 58, promulgated by
  136         the National Fire Protection Association.” Rules 5J-20.002
  137         and 69A-3.012, Florida Administrative Code, incorporate
  138         NFPA 58 (2011 edition) re storage and handling of liquefied
  139         petroleum gas; s. 401.2 of the Florida Building Code also
  140         incorporates the NFPA 58 standard. Two conflicting laws,
  141         chapters 2011-106, Laws of Florida, and 2011-222, Laws of
  142         Florida, amended s. 527.06 and included very similar
  143         language; paragraph (3)(b) as created by s. 1, ch. 2011
  144         106, expired pursuant to adoption of the rules, and
  145         subsection (3), as amended by s. 19, ch. 2011-222, was
  146         repealed upon adoption of the rules.
  147         Section 10. Subsection (4) of section 553.844, Florida
  148  Statutes, is repealed.
  149         Reviser’s note.—The cited subsection, which provides that
  150         exposed mechanical equipment or appliances fastened to a
  151         roof or installed on the ground in compliance with the code
  152         using rated stands, platforms, curbs, slabs, or other means
  153         are deemed to comply with the wind resistance requirements
  154         of the 2007 Florida Building Code, as amended, and further
  155         support or enclosure of such mechanical equipment or
  156         appliance is not required by a state or local official
  157         having authority to enforce the Florida Building Code,
  158         expired pursuant to its own terms, on the effective date of
  159         the 2013 Florida Building Code. The new edition of the code
  160         became effective June 30, 2015, but the Florida Building
  161         Commission elected to rename it as the 2014 Florida
  162         Building Code.
  163         Section 11. Subsection (9) of section 627.410, Florida
  164  Statutes, is repealed.
  165         Reviser’s note.—The cited subsection, which provides that, for
  166         plan years 2014 and 2015, nongrandfathered health plans for
  167         the individual or small group market are not subject to
  168         rate review or approval by the Office of Insurance
  169         Regulation, was repealed pursuant to its own terms,
  170         effective March 1, 2015.
  171         Section 12. Subsection (4) of section 627.411, Florida
  172  Statutes, is repealed.
  173         Reviser’s note.—The cited subsection, which provides that the
  174         provisions of s. 627.411 which apply to rates, rating
  175         practices, or the relationship of benefits to the premium
  176         charged do not apply to nongrandfathered health plans
  177         described in s. 627.410(9), was repealed pursuant to its
  178         own terms, effective March 1, 2015.
  179         Section 13. Sections 627.648, 627.6482, 627.6484, 627.6486,
  180  627.6488, 627.6489, 627.649, 627.6492, 627.6494, 627.6496,
  181  627.6498, and 627.6499, Florida Statutes, are repealed.
  182         Reviser’s note.—The cited sections, which relate to the Florida
  183         Comprehensive Health Association, were repealed by s. 20,
  184         ch. 2013-101, Laws of Florida, effective October 1, 2015.
  185         Since the sections were not repealed by a “current session”
  186         of the Legislature, they may be omitted from the 2016
  187         Florida Statutes only through a reviser’s bill duly enacted
  188         by the Legislature. See s. 11.242(5)(b) and (i).
  189         Section 14. Paragraph (f) of subsection (3) of section
  190  641.31, Florida Statutes, is repealed.
  191         Reviser’s note.—The cited paragraph, which, for plan years 2014
  192         and 2015, provides that nongrandfathered health plans for
  193         the individual or small group market are not subject to
  194         rate review or approval by the office, and that a health
  195         maintenance organization that issues or renews a
  196         nongrandfathered health plan is subject to s. 627.410(9),
  197         expired pursuant to its own terms, effective March 1, 2015.
  198         Section 15. Section 1003.438, Florida Statutes, is
  199  repealed.
  200         Reviser’s note.—The cited section, which relates to special high
  201         school graduation requirements for certain exceptional
  202         students, was repealed by s. 19, ch. 2014-184, Laws of
  203         Florida, effective July 1, 2015. Since the section was not
  204         repealed by a “current session” of the Legislature, it may
  205         be omitted from the 2016 Florida Statutes only through a
  206         reviser’s bill duly enacted by the Legislature. See s.
  207         11.242(5)(b) and (i).
  208         Section 16. Effective July 1, 2016, paragraph (e) of
  209  subsection (4) of section 1011.62, Florida Statutes, as amended
  210  by section 9 of chapter 2015-222, Laws of Florida, is amended to
  211  read:
  212         1011.62 Funds for operation of schools.—If the annual
  213  allocation from the Florida Education Finance Program to each
  214  district for operation of schools is not determined in the
  215  annual appropriations act or the substantive bill implementing
  216  the annual appropriations act, it shall be determined as
  217  follows:
  218         (4) COMPUTATION OF DISTRICT REQUIRED LOCAL EFFORT.—The
  219  Legislature shall prescribe the aggregate required local effort
  220  for all school districts collectively as an item in the General
  221  Appropriations Act for each fiscal year. The amount that each
  222  district shall provide annually toward the cost of the Florida
  223  Education Finance Program for kindergarten through grade 12
  224  programs shall be calculated as follows:
  225         (e) Prior period funding adjustment millage.—
  226         1. There shall be an additional millage to be known as the
  227  Prior Period Funding Adjustment Millage levied by a school
  228  district if the prior period unrealized required local effort
  229  funds are greater than zero. The Commissioner of Education shall
  230  calculate the amount of the prior period unrealized required
  231  local effort funds as specified in subparagraph 2. and the
  232  millage required to generate that amount as specified in this
  233  subparagraph. The Prior Period Funding Adjustment Millage shall
  234  be the quotient of the prior period unrealized required local
  235  effort funds divided by the current year taxable value certified
  236  to the Commissioner of Education pursuant to sub-subparagraph
  237  (a)1.a. This levy shall be in addition to the required local
  238  effort millage certified pursuant to this subsection. Such
  239  millage shall not affect the calculation of the current year’s
  240  required local effort, and the funds generated by such levy
  241  shall not be included in the district’s Florida Education
  242  Finance Program allocation for that fiscal year. For purposes of
  243  the millage to be included on the Notice of Proposed Taxes, the
  244  Commissioner of Education shall adjust the required local effort
  245  millage computed pursuant to paragraph (a) as adjusted by
  246  paragraph (b) for the current year for any district that levies
  247  a Prior Period Funding Adjustment Millage to include all Prior
  248  Period Funding Adjustment Millage. For the purpose of this
  249  paragraph, there shall be a Prior Period Funding Adjustment
  250  Millage levied for each year certified by the Department of
  251  Revenue pursuant to sub-subparagraph (a)2.a. since the previous
  252  year certification and for which the calculation in sub
  253  subparagraph 2.b. is greater than zero.
  254         2.a. As used in this subparagraph, the term:
  255         (I) “Prior year” means a year certified under sub
  256  subparagraph (a)2.a.
  257         (II) “Preliminary taxable value” means:
  258         (A) If the prior year is the 2009-2010 fiscal year or
  259  later, the taxable value certified to the Commissioner of
  260  Education pursuant to sub-subparagraph (a)1.a.
  261         (B) If the prior year is the 2008-2009 fiscal year or
  262  earlier, the taxable value certified pursuant to the final
  263  calculation as specified in former paragraph (b) as that
  264  paragraph existed in the prior year.
  265         (III) “Final taxable value” means the district’s taxable
  266  value as certified by the property appraiser pursuant to s.
  267  193.122(2) or (3), if applicable. This is the certification that
  268  reflects all final administrative actions of the value
  269  adjustment board.
  270         b. For purposes of this subsection and with respect to each
  271  year certified pursuant to sub-subparagraph (a)2.a., if the
  272  district’s prior year preliminary taxable value is greater than
  273  the district’s prior year final taxable value, the prior period
  274  unrealized required local effort funds are the difference
  275  between the district’s prior year preliminary taxable value and
  276  the district’s prior year final taxable value, multiplied by the
  277  prior year district required local effort millage. If the
  278  district’s prior year preliminary taxable value is less than the
  279  district’s prior year final taxable value, the prior period
  280  unrealized required local effort funds are zero.
  281         c. For the 2014-2015 fiscal year only, if a district’s
  282  prior period unrealized required local effort funds and prior
  283  period district required local effort millage cannot be
  284  determined because such district’s final taxable value has not
  285  yet been certified pursuant to s. 193.122(2) or (3), for the
  286  2014 tax levy, the Prior Period Funding Adjustment Millage for
  287  such fiscal year shall be levied in 2014 in an amount equal to
  288  75 percent of such district’s most recent unrealized required
  289  local effort for which a Prior Period Funding Adjustment Millage
  290  was determined as provided in this section. Upon certification
  291  of the final taxable value for the 2013 tax roll in accordance
  292  with s. 193.122(2) or (3), the Prior Period Funding Adjustment
  293  Millage levied in 2015 shall be adjusted to include any
  294  shortfall or surplus in the prior period unrealized required
  295  local effort funds that would have been levied in 2014, had the
  296  district’s final taxable value been certified pursuant to s.
  297  193.122(2) or (3) for the 2014 tax levy. This provision shall be
  298  implemented by a district only if the millage calculated
  299  pursuant to this paragraph when added to the millage levied by
  300  the district for all purposes for the 2014-2015 fiscal year is
  301  less than or equal to the total millage levied for the 2013-2014
  302  fiscal year. This sub-subparagraph expires July 1, 2015.
  303         Reviser’s note.—Amended, as amended by s. 9, ch. 2015-222, Laws
  304         of Florida, effective July 1, 2016, to delete sub
  305         subparagraph (4)(e)2.c., to conform to the expiration of
  306         that sub-subparagraph pursuant to its own terms, effective
  307         July 1, 2015.
  308         Section 17. Paragraph (a) of subsection (1) of section
  309  1013.64, Florida Statutes, is amended to read:
  310         1013.64 Funds for comprehensive educational plant needs;
  311  construction cost maximums for school district capital
  312  projects.—Allocations from the Public Education Capital Outlay
  313  and Debt Service Trust Fund to the various boards for capital
  314  outlay projects shall be determined as follows:
  315         (1)(a)1. Funds for remodeling, renovation, maintenance,
  316  repairs, and site improvement for existing satisfactory
  317  facilities shall be given priority consideration by the
  318  Legislature for appropriations allocated to the boards from the
  319  total amount of the Public Education Capital Outlay and Debt
  320  Service Trust Fund appropriated. These funds shall be calculated
  321  pursuant to the following basic formula: the building value
  322  times the building age over the sum of the years’ digits
  323  assuming a 50-year building life. For modular noncombustible
  324  facilities, a 35-year life shall be used, and for relocatable
  325  facilities, a 20-year life shall be used. “Building value” is
  326  calculated by multiplying each building’s total assignable
  327  square feet times the appropriate net-to-gross conversion rate
  328  found in state board rules and that product times the current
  329  average new construction cost. “Building age” is calculated by
  330  multiplying the prior year’s building age times 1 minus the
  331  prior year’s sum received from this subsection divided by the
  332  prior year’s building value. To the net result shall be added
  333  the number 1. Each board shall receive the percentage generated
  334  by the preceding formula of the total amount appropriated for
  335  the purposes of this section.
  336         2. Notwithstanding subparagraph 1., and for the 2014-2015
  337  fiscal year only, funds appropriated for remodeling, renovation,
  338  maintenance, repairs, and site improvement for existing
  339  satisfactory facilities shall be allocated by prorating the
  340  total appropriation based on each school district’s share of the
  341  2013-2014 reported fixed capital outlay full-time equivalent
  342  student. This subparagraph expires July 1, 2015.
  343         Reviser’s note.—Amended to delete subparagraph 2., which expired
  344         pursuant to its own terms, effective July 1, 2015.
  345         Section 18. Paragraph (b) of subsection (1) of section
  346  465.1862, Florida Statutes, is amended to read:
  347         465.1862 Pharmacy benefits manager contracts.—
  348         (1) As used in this section, the term:
  349         (b) “Pharmacy benefits manager” means a person or entity
  350  doing business in this state which contracts to administer or
  351  manage prescription drug benefits on behalf of a health
  352  insurance plan, as defined in former s. 627.6482, to residents
  353  of this state.
  354         Reviser’s note.—Amended to conform to the repeal of s. 627.6482
  355         by s. 20, ch. 2013-101, Laws of Florida, effective October
  356         1, 2015, and confirmed in this act.
  357         Section 19. Subsection (2) of section 627.601, Florida
  358  Statutes, is amended to read:
  359         627.601 Scope of this part.—Nothing in this part applies to
  360  or affects:
  361         (2) Any group or blanket policy, except as provided in ss.
  362  627.648-627.6499.
  363         Reviser’s note.—Amended to conform to the repeal of ss. 627.648,
  364         627.6482, 627.6484, 627.6486, 627.6488, 627.6489, 627.649,
  365         627.6492, 627.6494, 627.6496, 627.6498, and 627.6499, which
  366         relate to the Florida Comprehensive Health Association, by
  367         s. 20, ch. 2013-101, Laws of Florida, effective October 1,
  368         2015, and confirmed in this act. Sections 627.6487 and
  369         627.64871 were created by ch. 97-179, Laws of Florida. The
  370         most recent amendment to s. 627.601 was by s. 53, ch. 92
  371         318, Laws of Florida.
  372         Section 20. Paragraph (b) of subsection (15) of section
  373  627.6699, Florida Statutes, is amended to read:
  374         627.6699 Employee Health Care Access Act.—
  375         (15) APPLICABILITY OF OTHER STATE LAWS.—
  376         (b) Any second tier assessment paid by a carrier pursuant
  377  to paragraph (11)(j) may be credited against assessments levied
  378  against the carrier pursuant to s. 627.6494.
  379         Reviser’s note.—Amended to conform to the repeal of s. 627.6494
  380         by s. 20, ch. 2013-101, Laws of Florida, effective October
  381         1, 2015, and confirmed by this act.
  382         Section 21. Subsection (2) of section 627.66997, Florida
  383  Statutes, is amended to read:
  384         627.66997 Stop-loss insurance.—
  385         (2) A self-insured health benefit plan established or
  386  maintained by an employer with 51 or more covered employees is
  387  considered health insurance if the plan’s stop-loss coverage, as
  388  defined in former s. 627.6482(14), has an aggregate attachment
  389  point that is lower than the greater of:
  390         (a) One hundred ten percent of expected claims, as
  391  determined by the stop-loss insurer in accordance with actuarial
  392  standards of practice; or
  393         (b) Twenty thousand dollars.
  394         Reviser’s note.—Amended to conform to the repeal of s. 627.6482
  395         by s. 20, ch. 2013-101, Laws of Florida, effective October
  396         1, 2015, and confirmed by this act.
  397         Section 22. Subsection (8) of section 1002.20, Florida
  398  Statutes, is amended to read:
  399         1002.20 K-12 student and parent rights.—Parents of public
  400  school students must receive accurate and timely information
  401  regarding their child’s academic progress and must be informed
  402  of ways they can help their child to succeed in school. K-12
  403  students and their parents are afforded numerous statutory
  404  rights including, but not limited to, the following:
  405         (8) STUDENTS WITH DISABILITIES.—Parents of public school
  406  students with disabilities and parents of public school students
  407  in residential care facilities are entitled to notice and due
  408  process in accordance with the provisions of ss. 1003.57 and
  409  1003.58. Public school students with disabilities must be
  410  provided the opportunity to meet the graduation requirements for
  411  a standard high school diploma as set forth in s. 1003.4282 in
  412  accordance with the provisions of ss. 1003.57 and 1008.22.
  413  Pursuant to s. 1003.438, certain public school students with
  414  disabilities may be awarded a special diploma upon high school
  415  graduation.
  416         Reviser’s note.—Amended to conform to the repeal of s. 1003.438
  417         by s. 19, ch. 2014-184, Laws of Florida, effective July 1,
  418         2015, and confirmed by this act.
  419         Section 23. This act shall take effect on the 60th day
  420  after adjournment sine die of the session of the Legislature in
  421  which enacted.