Florida Senate - 2021                                     SB 308
       
       
                                                                       
       By Senator Passidomo
       
       
       
       
       
       28-00880-21                                            2021308__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         20.058, 20.2551, 39.01, 39.302, 39.3065, 39.521,
    4         39.6012, 45.035, 70.001, 215.555, 215.985, 220.03,
    5         220.183, 252.355, 253.0341, 258.3991, 288.9619,
    6         324.021, 364.336, 365.179, 373.41492, 379.2426,
    7         381.925, 393.066, 400.462, 400.962, 401.45, 402.402,
    8         403.726, 409.165, 409.973, 420.628, 420.9071,
    9         420.9072, 420.9075, 420.9076, 429.02, 456.053,
   10         481.203, 552.30, 556.102, 624.307, 624.5105, 625.091,
   11         627.6387, 627.6648, 631.54, 641.31076, 647.02, 647.05,
   12         723.079, 784.046, 943.059, 960.28, 1004.6499, 1007.33,
   13         1009.24, 1009.50, 1009.51, 1009.52, 1009.65, 1009.986,
   14         and 1011.62, F.S.; reenacting s. 408.036, F.S.;
   15         deleting provisions that have expired, have become
   16         obsolete, have had their effect, have served their
   17         purpose, or have been impliedly repealed or
   18         superseded; replacing incorrect cross-references and
   19         citations; correcting grammatical, typographical, and
   20         like errors; removing inconsistencies, redundancies,
   21         and unnecessary repetition in the statutes; improving
   22         the clarity of the statutes and facilitating their
   23         correct interpretation; and revising a statutory
   24         provision to conform to a directive of the
   25         Legislature; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (5) of section 20.058, Florida
   30  Statutes, is amended to read:
   31         20.058 Citizen support and direct-support organizations.—
   32         (5) A law creating, or authorizing the creation of, a
   33  citizen support organization or a direct-support organization
   34  must state that the creation of or authorization for the
   35  organization is repealed on October 1 of the 5th year after
   36  enactment, unless reviewed and saved from repeal through
   37  reenactment by the Legislature. Citizen support organizations
   38  and direct-support organizations in existence on July 1, 2014,
   39  must be reviewed by the Legislature by July 1, 2019.
   40         Reviser’s note.—Amended to delete obsolete language.
   41         Section 2. Subsection (6) of section 20.2551, Florida
   42  Statutes, is amended to read:
   43         20.2551 Citizen support organizations; use of property;
   44  audit; public records; partnerships.—
   45         (6) REPORT.—By December 1, 2019, the department shall
   46  submit a report to the President of the Senate and the Speaker
   47  of the House of Representatives which examines the financial
   48  transparency, accountability, and ethics of its citizen support
   49  organizations. The report must:
   50         (a) Include audits for the most recent 3 fiscal years for
   51  its citizen support organizations that are subject to audit
   52  requirements under s. 215.981. An audit conducted after March 1,
   53  2019, must be conducted in accordance with government auditing
   54  standards.
   55         (b) Demonstrate that its citizen support organizations
   56  within the Office of Resilience and Coastal Protection, as of
   57  November 1, 2018, are in compliance with s. 20.058 and this
   58  section.
   59         (c) Identify any citizen support organization under
   60  paragraph (a) or paragraph (b) that is not in compliance with s.
   61  20.058 and this section and describe whether the department has
   62  terminated a contract with such organization.
   63         (d) Demonstrate how the contracts between the department
   64  and its citizen support organizations have been revised to
   65  comply with all relevant provisions of law.
   66         Reviser’s note.—Amended to delete an obsolete provision. The
   67         Citizen Support Organizations Direct-Service Organizations
   68         2019 Audit Report was submitted by the Division of
   69         Recreation and Parks, Office of Resilience and Coastal
   70         Protection, Florida Department of Environmental Regulation
   71         on December 1, 2019.
   72         Section 3. Subsections (8) through (38) of section 39.01,
   73  Florida Statutes, are redesignated as subsections (7) through
   74  (37), respectively, and present subsections (5), (6), and (7) of
   75  that section are reordered and amended, to read:
   76         39.01 Definitions.—When used in this chapter, unless the
   77  context otherwise requires:
   78         (6)(5) “Adult” means any natural person other than a child.
   79         (5)(6) “Adoption” means the act of creating the legal
   80  relationship between parent and child where it did not exist,
   81  thereby declaring the child to be legally the child of the
   82  adoptive parents and their heir at law, and entitled to all the
   83  rights and privileges and subject to all the obligations of a
   84  child born to the adoptive parents in lawful wedlock.
   85         (38)(7) “Juvenile sexual abuse” means any sexual behavior
   86  by a child which occurs without consent, without equality, or as
   87  a result of coercion. For purposes of this subsection, the
   88  following definitions apply:
   89         (a) “Coercion” means the exploitation of authority or the
   90  use of bribes, threats of force, or intimidation to gain
   91  cooperation or compliance.
   92         (b)(c) “Consent” means an agreement, including all of the
   93  following:
   94         1. Understanding what is proposed based on age, maturity,
   95  developmental level, functioning, and experience.
   96         2. Knowledge of societal standards for what is being
   97  proposed.
   98         3. Awareness of potential consequences and alternatives.
   99         4. Assumption that agreement or disagreement will be
  100  accepted equally.
  101         5. Voluntary decision.
  102         6. Mental competence.
  103         (c)(b) “Equality” means two participants operating with the
  104  same level of power in a relationship, neither being controlled
  105  nor coerced by the other.
  106  
  107  Juvenile sexual behavior ranges from noncontact sexual behavior
  108  such as making obscene phone calls, exhibitionism, voyeurism,
  109  and the showing or taking of lewd photographs to varying degrees
  110  of direct sexual contact, such as frottage, fondling, digital
  111  penetration, rape, fellatio, sodomy, and various other sexually
  112  aggressive acts.
  113         Reviser’s note.—Amended to conform with the alphabetical
  114         ordering of the defined terms elsewhere in the section.
  115         Section 4. Subsection (1) of section 39.302, Florida
  116  Statutes, is amended to read:
  117         39.302 Protective investigations of institutional child
  118  abuse, abandonment, or neglect.—
  119         (1) The department shall conduct a child protective
  120  investigation of each report of institutional child abuse,
  121  abandonment, or neglect. Upon receipt of a report that alleges
  122  that an employee or agent of the department, or any other entity
  123  or person covered by s. 39.01(36) or (54) 39.01(37) or (54),
  124  acting in an official capacity, has committed an act of child
  125  abuse, abandonment, or neglect, the department shall initiate a
  126  child protective investigation within the timeframe established
  127  under s. 39.201(5) and notify the appropriate state attorney,
  128  law enforcement agency, and licensing agency, which shall
  129  immediately conduct a joint investigation, unless independent
  130  investigations are more feasible. When conducting investigations
  131  or having face-to-face interviews with the child, investigation
  132  visits shall be unannounced unless it is determined by the
  133  department or its agent that unannounced visits threaten the
  134  safety of the child. If a facility is exempt from licensing, the
  135  department shall inform the owner or operator of the facility of
  136  the report. Each agency conducting a joint investigation is
  137  entitled to full access to the information gathered by the
  138  department in the course of the investigation. A protective
  139  investigation must include an interview with the child’s parent
  140  or legal guardian. The department shall make a full written
  141  report to the state attorney within 3 working days after making
  142  the oral report. A criminal investigation shall be coordinated,
  143  whenever possible, with the child protective investigation of
  144  the department. Any interested person who has information
  145  regarding the offenses described in this subsection may forward
  146  a statement to the state attorney as to whether prosecution is
  147  warranted and appropriate. Within 15 days after the completion
  148  of the investigation, the state attorney shall report the
  149  findings to the department and shall include in the report a
  150  determination of whether or not prosecution is justified and
  151  appropriate in view of the circumstances of the specific case.
  152         Reviser’s note.—Amended to conform to the reordering of
  153         subsections in s. 39.01 by this act.
  154         Section 5. Paragraph (f) of subsection (3) of section
  155  39.3065, Florida Statutes, is amended to read:
  156         39.3065 Sheriffs of certain counties to provide child
  157  protective investigative services; procedures; funding.—
  158         (3)
  159         (f) The department shall produce an annual report
  160  regarding, at a minimum, performance quality, outcome-measure
  161  attainment, and cost efficiency of the services provided by all
  162  sheriffs providing child protective investigative services. The
  163  annual report shall include data and information on both the
  164  sheriffs’ and the department’s performance of protective
  165  investigations. The department shall submit the annual report to
  166  the President of the Senate, the Speaker of the House of
  167  Representatives, and to the Governor no later than November 1 of
  168  each year the sheriffs are receiving general appropriations to
  169  provide child protective investigations.
  170         Reviser’s note.—Amended to confirm the editorial deletion of the
  171         word “to.”
  172         Section 6. Paragraph (c) of subsection (1) of section
  173  39.521, Florida Statutes, is amended to read:
  174         39.521 Disposition hearings; powers of disposition.—
  175         (1) A disposition hearing shall be conducted by the court,
  176  if the court finds that the facts alleged in the petition for
  177  dependency were proven in the adjudicatory hearing, or if the
  178  parents or legal custodians have consented to the finding of
  179  dependency or admitted the allegations in the petition, have
  180  failed to appear for the arraignment hearing after proper
  181  notice, or have not been located despite a diligent search
  182  having been conducted.
  183         (c) When any child is adjudicated by a court to be
  184  dependent, the court having jurisdiction of the child has the
  185  power by order to:
  186         1. Require the parent and, when appropriate, the legal
  187  guardian or the child to participate in treatment and services
  188  identified as necessary. The court may require the person who
  189  has custody or who is requesting custody of the child to submit
  190  to a mental health or substance abuse disorder assessment or
  191  evaluation. The order may be made only upon good cause shown and
  192  pursuant to notice and procedural requirements provided under
  193  the Florida Rules of Juvenile Procedure. The mental health
  194  assessment or evaluation must be administered by a qualified
  195  professional as defined in s. 39.01, and the substance abuse
  196  assessment or evaluation must be administered by a qualified
  197  professional as defined in s. 397.311. The court may also
  198  require such person to participate in and comply with treatment
  199  and services identified as necessary, including, when
  200  appropriate and available, participation in and compliance with
  201  a mental health court program established under chapter 394 or a
  202  treatment-based drug court program established under s. 397.334.
  203  Adjudication of a child as dependent based upon evidence of harm
  204  as defined in s. 39.01(34)(g) 39.01(35)(g) demonstrates good
  205  cause, and the court shall require the parent whose actions
  206  caused the harm to submit to a substance abuse disorder
  207  assessment or evaluation and to participate and comply with
  208  treatment and services identified in the assessment or
  209  evaluation as being necessary. In addition to supervision by the
  210  department, the court, including the mental health court program
  211  or the treatment-based drug court program, may oversee the
  212  progress and compliance with treatment by a person who has
  213  custody or is requesting custody of the child. The court may
  214  impose appropriate available sanctions for noncompliance upon a
  215  person who has custody or is requesting custody of the child or
  216  make a finding of noncompliance for consideration in determining
  217  whether an alternative placement of the child is in the child’s
  218  best interests. Any order entered under this subparagraph may be
  219  made only upon good cause shown. This subparagraph does not
  220  authorize placement of a child with a person seeking custody of
  221  the child, other than the child’s parent or legal custodian, who
  222  requires mental health or substance abuse disorder treatment.
  223         2. Require, if the court deems necessary, the parties to
  224  participate in dependency mediation.
  225         3. Require placement of the child either under the
  226  protective supervision of an authorized agent of the department
  227  in the home of one or both of the child’s parents or in the home
  228  of a relative of the child or another adult approved by the
  229  court, or in the custody of the department. Protective
  230  supervision continues until the court terminates it or until the
  231  child reaches the age of 18, whichever date is first. Protective
  232  supervision shall be terminated by the court whenever the court
  233  determines that permanency has been achieved for the child,
  234  whether with a parent, another relative, or a legal custodian,
  235  and that protective supervision is no longer needed. The
  236  termination of supervision may be with or without retaining
  237  jurisdiction, at the court’s discretion, and shall in either
  238  case be considered a permanency option for the child. The order
  239  terminating supervision by the department must set forth the
  240  powers of the custodian of the child and include the powers
  241  ordinarily granted to a guardian of the person of a minor unless
  242  otherwise specified. Upon the court’s termination of supervision
  243  by the department, further judicial reviews are not required if
  244  permanency has been established for the child.
  245         4. Determine whether the child has a strong attachment to
  246  the prospective permanent guardian and whether such guardian has
  247  a strong commitment to permanently caring for the child.
  248         Reviser’s note.—Amended to conform to the reordering of
  249         subsections in s. 39.01 by this act.
  250         Section 7. Paragraph (c) of subsection (1) of section
  251  39.6012, Florida Statutes, is amended to read:
  252         39.6012 Case plan tasks; services.—
  253         (1) The services to be provided to the parent and the tasks
  254  that must be completed are subject to the following:
  255         (c) If there is evidence of harm as defined in s.
  256  39.01(34)(g) 39.01(35)(g), the case plan must include as a
  257  required task for the parent whose actions caused the harm that
  258  the parent submit to a substance abuse disorder assessment or
  259  evaluation and participate and comply with treatment and
  260  services identified in the assessment or evaluation as being
  261  necessary.
  262         Reviser’s note.—Amended to conform to the reordering of
  263         subsections in s. 39.01 by this act.
  264         Section 8. Section 45.035, Florida Statutes, is amended to
  265  read:
  266         45.035 Clerk’s fees.—In addition to other fees or service
  267  charges authorized by law, the clerk shall receive service
  268  charges related to the judicial sales procedure set forth in ss.
  269  45.031-45.033 45.031-45.034 and this section:
  270         (1) The clerk shall receive a service charge of $70, from
  271  which the clerk shall remit $10 to the Department of Revenue for
  272  deposit into the General Revenue Fund, for services in making,
  273  recording, and certifying the sale and title, which service
  274  charge shall be assessed as costs and shall be advanced by the
  275  plaintiff before the sale.
  276         (2) If there is a surplus resulting from the sale, the
  277  clerk may receive the following service charges, which shall be
  278  deducted from the surplus:
  279         (a) The clerk may withhold the sum of $28 from the surplus
  280  which may only be used for purposes of educating the public as
  281  to the rights of homeowners regarding foreclosure proceedings.
  282         (b) The clerk is entitled to a service charge of $15 for
  283  each disbursement of surplus proceeds, from which the clerk
  284  shall remit $5 to the Department of Revenue for deposit into the
  285  General Revenue Fund.
  286         (3) If the sale is conducted by electronic means, as
  287  provided in s. 45.031(10), the clerk shall receive an additional
  288  service charge not to exceed $70 for services in conducting or
  289  contracting for the electronic sale, which service charge shall
  290  be assessed as costs and paid when filing for an electronic sale
  291  date. If the clerk requires advance electronic deposits to
  292  secure the right to bid, such deposits shall not be subject to
  293  the fee under s. 28.24(10). The portion of an advance deposit
  294  from a winning bidder required by s. 45.031(3) shall, upon
  295  acceptance of the winning bid, be subject to the fee under s.
  296  28.24(10).
  297         Reviser’s note.—Amended to conform to the repeal of s. 45.034 by
  298         s. 3, ch. 2020-3, Laws of Florida.
  299         Section 9. Paragraph (c) of subsection (4) of section
  300  70.001, Florida Statutes, is amended to read:
  301         70.001 Private property rights protection.—
  302         (4)
  303         (c) During the 90-day-notice period or the 150-day-notice
  304  period, unless extended by agreement of the parties, the
  305  governmental entity shall make a written settlement offer to
  306  effectuate:
  307         1. An adjustment of land development or permit standards or
  308  other provisions controlling the development or use of land.
  309         2. Increases or modifications in the density, intensity, or
  310  use of areas of development.
  311         3. The transfer of development developmental rights.
  312         4. Land swaps or exchanges.
  313         5. Mitigation, including payments in lieu of onsite
  314  mitigation.
  315         6. Location on the least sensitive portion of the property.
  316         7. Conditioning the amount of development or use permitted.
  317         8. A requirement that issues be addressed on a more
  318  comprehensive basis than a single proposed use or development.
  319         9. Issuance of the development order, a variance, special
  320  exception, or other extraordinary relief.
  321         10. Purchase of the real property, or an interest therein,
  322  by an appropriate governmental entity or payment of
  323  compensation.
  324         11. No changes to the action of the governmental entity.
  325  
  326  If the property owner accepts a settlement offer, either before
  327  or after filing an action, the governmental entity may implement
  328  the settlement offer by appropriate development agreement; by
  329  issuing a variance, special exception, or other extraordinary
  330  relief; or by other appropriate method, subject to paragraph
  331  (d).
  332         Reviser’s note.—Amended to conform to general usage in statutory
  333         provisions referencing development rights.
  334         Section 10. Paragraph (b) of subsection (16) of section
  335  215.555, Florida Statutes, is amended to read:
  336         215.555 Florida Hurricane Catastrophe Fund.—
  337         (16) FACILITATION OF INSURERS’ PRIVATE CONTRACT
  338  NEGOTIATIONS BEFORE THE START OF THE HURRICANE SEASON.—
  339         (b) The board shall adopt the reimbursement contract for a
  340  particular contract year by February 1 of the immediately
  341  preceding contract year. However, the reimbursement contract
  342  shall be adopted as soon as possible in advance of the 2010-2011
  343  contract year.
  344         Reviser’s note.—Amended to delete obsolete language.
  345         Section 11. Subsection (7) of section 215.985, Florida
  346  Statutes, is amended to read:
  347         215.985 Transparency in government spending.—
  348         (7) By November 1 of each year, 2013, and annually
  349  thereafter, the committee shall recommend to the President of
  350  the Senate and the Speaker of the House of Representatives:
  351         (a) Additional information to be added to a website, such
  352  as whether to expand the scope of the information provided to
  353  include state universities, Florida College System institutions,
  354  school districts, charter schools, charter technical career
  355  centers, local government units, and other governmental
  356  entities.
  357         (b) A schedule for adding information to the website by
  358  type of information and governmental entity, including
  359  timeframes and development entity.
  360         (c) A format for collecting and displaying the additional
  361  information.
  362         Reviser’s note.—Amended to delete obsolete language.
  363         Section 12. Paragraph (t) of subsection (1) of section
  364  220.03, Florida Statutes, is amended to read:
  365         220.03 Definitions.—
  366         (1) SPECIFIC TERMS.—When used in this code, and when not
  367  otherwise distinctly expressed or manifestly incompatible with
  368  the intent thereof, the following terms shall have the following
  369  meanings:
  370         (t) “Project” means any activity undertaken by an eligible
  371  sponsor, as defined in s. 220.183(2)(c), which is designed to
  372  construct, improve, or substantially rehabilitate housing that
  373  is affordable to low-income or very-low-income households as
  374  defined in s. 420.9071(20) and (30) 420.9071(19) and (28);
  375  designed to provide housing opportunities for persons with
  376  special needs as defined in s. 420.0004; designed to provide
  377  commercial, industrial, or public resources and facilities; or
  378  designed to improve entrepreneurial and job-development
  379  opportunities for low-income persons. A project may be the
  380  investment necessary to increase access to high-speed broadband
  381  capability in a rural community that had an enterprise zone
  382  designated pursuant to chapter 290 as of May 1, 2015, including
  383  projects that result in improvements to communications assets
  384  that are owned by a business. A project may include the
  385  provision of museum educational programs and materials that are
  386  directly related to any project approved between January 1,
  387  1996, and December 31, 1999, and located in an area that was in
  388  an enterprise zone designated pursuant to s. 290.0065 as of May
  389  1, 2015. This paragraph does not preclude projects that propose
  390  to construct or rehabilitate low-income or very-low-income
  391  housing on scattered sites or housing opportunities for persons
  392  with special needs as defined in s. 420.0004. With respect to
  393  housing, contributions may be used to pay the following eligible
  394  project-related activities:
  395         1. Project development, impact, and management fees for
  396  special needs, low-income, or very-low-income housing projects;
  397         2. Down payment and closing costs for eligible persons, as
  398  defined in s. 420.9071(20) and (30) 420.9071(19) and (28);
  399         3. Administrative costs, including housing counseling and
  400  marketing fees, not to exceed 10 percent of the community
  401  contribution, directly related to special needs, low-income, or
  402  very-low-income projects; and
  403         4. Removal of liens recorded against residential property
  404  by municipal, county, or special-district local governments when
  405  satisfaction of the lien is a necessary precedent to the
  406  transfer of the property to an eligible person, as defined in s.
  407  420.9071(20) and (30) 420.9071(19) and (28), for the purpose of
  408  promoting home ownership. Contributions for lien removal must be
  409  received from a nonrelated third party.
  410         Reviser’s note.—Amended to conform to the reordering of
  411         definitions in s. 420.9071 by this act.
  412         Section 13. Paragraphs (b) and (d) of subsection (2) of
  413  section 220.183, Florida Statutes, are amended to read:
  414         220.183 Community contribution tax credit.—
  415         (2) ELIGIBILITY REQUIREMENTS.—
  416         (b)1. All community contributions must be reserved
  417  exclusively for use in projects as defined in s. 220.03(1)(t).
  418         2. If, during the first 10 business days of the state
  419  fiscal year, eligible tax credit applications for projects that
  420  provide housing opportunities for persons with special needs as
  421  defined in s. 420.0004 or homeownership opportunities for low
  422  income or very-low-income households as defined in s.
  423  420.9071(20) and (30) 420.9071(19) and (28) are received for
  424  less than the annual tax credits available for those projects,
  425  the Department of Economic Opportunity shall grant tax credits
  426  for those applications and shall grant remaining tax credits on
  427  a first-come, first-served basis for any subsequent eligible
  428  applications received before the end of the state fiscal year.
  429  If, during the first 10 business days of the state fiscal year,
  430  eligible tax credit applications for projects that provide
  431  housing opportunities for persons with special needs as defined
  432  in s. 420.0004 or homeownership opportunities for low-income or
  433  very-low-income households as defined in s. 420.9071(20) and
  434  (30) 420.9071(19) and (28) are received for more than the annual
  435  tax credits available for those projects, the Department of
  436  Economic Opportunity shall grant the tax credits for those
  437  applications as follows:
  438         a. If tax credit applications submitted for approved
  439  projects of an eligible sponsor do not exceed $200,000 in total,
  440  the credit shall be granted in full if the tax credit
  441  applications are approved.
  442         b. If tax credit applications submitted for approved
  443  projects of an eligible sponsor exceed $200,000 in total, the
  444  amount of tax credits granted under sub-subparagraph a. shall be
  445  subtracted from the amount of available tax credits, and the
  446  remaining credits shall be granted to each approved tax credit
  447  application on a pro rata basis.
  448         3. If, during the first 10 business days of the state
  449  fiscal year, eligible tax credit applications for projects other
  450  than those that provide housing opportunities for persons with
  451  special needs as defined in s. 420.0004 or homeownership
  452  opportunities for low-income or very-low-income households as
  453  defined in s. 420.9071(20) and (30) 420.9071(19) and (28) are
  454  received for less than the annual tax credits available for
  455  those projects, the Department of Economic Opportunity shall
  456  grant tax credits for those applications and shall grant
  457  remaining tax credits on a first-come, first-served basis for
  458  any subsequent eligible applications received before the end of
  459  the state fiscal year. If, during the first 10 business days of
  460  the state fiscal year, eligible tax credit applications for
  461  projects other than those that provide housing opportunities for
  462  persons with special needs as defined in s. 420.0004 or
  463  homeownership opportunities for low-income or very-low-income
  464  households as defined in s. 420.9071(20) and (30) 420.9071(19)
  465  and (28) are received for more than the annual tax credits
  466  available for those projects, the Department of Economic
  467  Opportunity shall grant the tax credits for those applications
  468  on a pro rata basis.
  469         (d) The project shall be located in an area that was
  470  designated as an enterprise zone pursuant to chapter 290 as of
  471  May 1, 2015, or a Front Porch Florida Community. Any project
  472  designed to construct or rehabilitate housing for low-income or
  473  very-low-income households as defined in s. 420.9071(20) and
  474  (30) 420.9071(19) and (28) or provide housing opportunities for
  475  persons with special needs as defined in s. 420.0004 is exempt
  476  from the area requirement of this paragraph. This section does
  477  not preclude projects that propose to construct or rehabilitate
  478  housing for low-income or very-low-income households on
  479  scattered sites or provide housing opportunities for persons
  480  with special needs. Any project designed to provide increased
  481  access to high-speed broadband capabilities which includes
  482  coverage of a rural enterprise zone may locate the project’s
  483  infrastructure in any area of a rural county.
  484         Reviser’s note.—Amended to conform to the reordering of
  485         definitions in s. 420.9071 by this act.
  486         Section 14. Subsection (2) of section 252.355, Florida
  487  Statutes, is amended to read:
  488         252.355 Registry of persons with special needs; notice;
  489  registration program.—
  490         (2) In order to ensure that all persons with special needs
  491  may register, the division shall develop and maintain a special
  492  needs shelter registration program. The registration program
  493  must be developed by January 1, 2015, and fully implemented by
  494  March 1, 2015.
  495         (a) The registration program shall include, at a minimum, a
  496  uniform electronic registration form and a database for
  497  uploading and storing submitted registration forms that may be
  498  accessed by the appropriate local emergency management agency.
  499  The link to the registration form shall be easily accessible on
  500  each local emergency management agency’s website. Upon receipt
  501  of a paper registration form, the local emergency management
  502  agency shall enter the person’s registration information into
  503  the database.
  504         (b) To assist in identifying persons with special needs,
  505  home health agencies, hospices, nurse registries, home medical
  506  equipment providers, the Department of Children and Families,
  507  the Department of Health, the Agency for Health Care
  508  Administration, the Department of Education, the Agency for
  509  Persons with Disabilities, the Department of Elderly Affairs,
  510  and memory disorder clinics shall, and any physician licensed
  511  under chapter 458 or chapter 459 and any pharmacy licensed under
  512  chapter 465 may, annually provide registration information to
  513  all of their special needs clients or their caregivers. The
  514  division shall develop a brochure that provides information
  515  regarding special needs shelter registration procedures. The
  516  brochure must be easily accessible on the division’s website.
  517  All appropriate agencies and community-based service providers,
  518  including aging and disability resource centers, memory disorder
  519  clinics, home health care providers, hospices, nurse registries,
  520  and home medical equipment providers, shall, and any physician
  521  licensed under chapter 458 or chapter 459 may, assist emergency
  522  management agencies by annually registering persons with special
  523  needs for special needs shelters, collecting registration
  524  information for persons with special needs as part of the
  525  program intake process, and establishing programs to educate
  526  clients about the registration process and disaster preparedness
  527  safety procedures. A client of a state-funded or federally
  528  funded service program who has a physical, mental, or cognitive
  529  impairment or sensory disability and who needs assistance in
  530  evacuating, or when in a shelter, must register as a person with
  531  special needs. The registration program shall give persons with
  532  special needs the option of preauthorizing emergency response
  533  personnel to enter their homes during search and rescue
  534  operations if necessary to ensure their safety and welfare
  535  following disasters.
  536         (c) The division shall be the designated lead agency
  537  responsible for community education and outreach to the public,
  538  including special needs clients, regarding registration and
  539  special needs shelters and general information regarding shelter
  540  stays.
  541         (d) On or before May 31 of each year, each electric utility
  542  in the state shall annually notify residential customers in its
  543  service area of the availability of the registration program
  544  available through their local emergency management agency by:
  545         1. An initial notification upon the activation of new
  546  residential service with the electric utility, followed by one
  547  annual notification between January 1 and May 31; or
  548         2. Two separate annual notifications between January 1 and
  549  May 31.
  550  
  551  The notification may be made by any available means, including,
  552  but not limited to, written, electronic, or verbal notification,
  553  and may be made concurrently with any other notification to
  554  residential customers required by law or rule.
  555         Reviser’s note.—Amended to delete obsolete language.
  556         Section 15. Subsection (8) of section 253.0341, Florida
  557  Statutes, is amended to read:
  558         253.0341 Surplus of state-owned lands.—
  559         (8) The sale price of lands determined to be surplus
  560  pursuant to this section and s. 253.82 shall be determined by
  561  the Division of State Lands, which shall consider an appraisal
  562  of the property or, if the estimated value of the land is
  563  $500,000 or less, a comparable sales analysis or a broker’s
  564  opinion of value. The value must be based on the highest and
  565  best use of the property, considering all applicable development
  566  developmental rights, to ensure the maximum benefit and use to
  567  the state as provided in s. 253.03(7)(a). The division may
  568  require a second appraisal. The individual or entity that
  569  requests to purchase the surplus parcel shall pay all costs
  570  associated with determining the property’s value, if any. As
  571  used in this subsection, the term “highest and best use” means
  572  the reasonable, probable, and legal use of vacant land or an
  573  improved property which is physically possible, appropriately
  574  supported, financially feasible, and results in the highest
  575  value.
  576         (a) A written valuation of land determined to be surplus
  577  pursuant to this section and s. 253.82, and related documents
  578  used to form the valuation or which pertain to the valuation,
  579  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
  580  I of the State Constitution.
  581         1. The exemption expires 2 weeks before the contract or
  582  agreement regarding the purchase, exchange, or disposal of the
  583  surplus land is first considered for approval by the board of
  584  trustees.
  585         2. Before expiration of the exemption, the Division of
  586  State Lands may disclose confidential and exempt appraisals,
  587  valuations, or valuation information regarding surplus land:
  588         a. During negotiations for the sale or exchange of the
  589  land;
  590         b. During the marketing effort or bidding process
  591  associated with the sale, disposal, or exchange of the land to
  592  facilitate closure of such effort or process;
  593         c. When the passage of time has made the conclusions of
  594  value invalid; or
  595         d. When negotiations or marketing efforts concerning the
  596  land are concluded.
  597         (b) A unit of government that acquires title to lands
  598  pursuant to this section for less than appraised value may not
  599  sell or transfer title to all or any portion of the lands to any
  600  private owner for 10 years. A unit of government seeking to
  601  transfer or sell lands pursuant to this paragraph must first
  602  allow the board of trustees to reacquire such lands for the
  603  price at which the board of trustees sold such lands.
  604         Reviser’s note.—Amended to conform to general usage in statutory
  605         provisions referencing development rights.
  606         Section 16. Subsection (1) of section 258.3991, Florida
  607  Statutes, is amended to read:
  608         258.3991 Nature Coast Aquatic Preserve.—
  609         (1) DESIGNATION.—The area described in subsection (2) which
  610  lies within Citrus, Hernando, and Pasco Counties is designated
  611  by the Legislature for inclusion in the aquatic preserve system
  612  under the Florida Aquatic Preserve Act of 1975 and as an
  613  Outstanding Florida Water pursuant to s. 403.061(28) 403.061(27)
  614  and shall be known as the “Nature Coast Aquatic Preserve.” It is
  615  the intent of the Legislature that the Nature Coast Aquatic
  616  Preserve be preserved in an essentially natural condition so
  617  that its biological and aesthetic values may endure for the
  618  enjoyment of future generations. This section may not be
  619  construed to impose additional permitting requirements for
  620  county or state projects under the Resources and Ecosystems
  621  Sustainability, Tourist Opportunities, and Revived Economies of
  622  the Gulf Coast Act of 2012 (RESTORE Act) that are funded
  623  pursuant to 33 U.S.C. s. 1321(t)(3).
  624         Reviser’s note.—Amended to conform to the redesignation of
  625         subsections in s. 403.061 by s. 10, ch. 2020-150, Laws of
  626         Florida; s. 403.061(28) relates to Outstanding Florida
  627         Waters.
  628         Section 17. Section 288.9619, Florida Statutes, is amended
  629  to read:
  630         288.9619 Conflicts of interest.—If any director has a
  631  direct or indirect interest associated with any party to an
  632  application on which the corporation has taken or will take
  633  action in exercising its power for the issuance of revenue bonds
  634  or other evidences of indebtedness, such interest must be
  635  publicly disclosed to the corporation and set forth in the
  636  minutes of the corporation. The director who that has such
  637  interest may not participate in any action by the corporation
  638  with respect to such party and application.
  639         Reviser’s note.—Amended to confirm the editorial substitution of
  640         the word “who” for the word “that” to conform to context.
  641         Section 18. Paragraph (c) of subsection (9) of section
  642  324.021, Florida Statutes, is amended to read:
  643         324.021 Definitions; minimum insurance required.—The
  644  following words and phrases when used in this chapter shall, for
  645  the purpose of this chapter, have the meanings respectively
  646  ascribed to them in this section, except in those instances
  647  where the context clearly indicates a different meaning:
  648         (9) OWNER; OWNER/LESSOR.—
  649         (c) Application.—
  650         1. The limits on liability in subparagraphs (b)2. and 3. do
  651  not apply to an owner of motor vehicles that are used for
  652  commercial activity in the owner’s ordinary course of business,
  653  other than a rental company that rents or leases motor vehicles.
  654  For purposes of this paragraph, the term “rental company”
  655  includes only an entity that is engaged in the business of
  656  renting or leasing motor vehicles to the general public and that
  657  rents or leases a majority of its motor vehicles to persons with
  658  no direct or indirect affiliation with the rental company. The
  659  term “rental company” also includes:
  660         a. A related rental or leasing company that is a subsidiary
  661  of the same parent company as that of the renting or leasing
  662  company that rented or leased the vehicle.
  663         b. The holder of a motor vehicle title or an equity
  664  interest in a motor vehicle title if the title or equity
  665  interest is held pursuant to or to facilitate an asset-backed
  666  securitization of a fleet of motor vehicles used solely in the
  667  business of renting or leasing motor vehicles to the general
  668  public and under the dominion and control of a rental company,
  669  as described in this subparagraph, in the operation of such
  670  rental company’s business.
  671         2. Furthermore, with respect to commercial motor vehicles
  672  as defined in s. 627.732, the limits on liability in
  673  subparagraphs (b)2. and 3. do not apply if, at the time of the
  674  incident, the commercial motor vehicle is being used in the
  675  transportation of materials found to be hazardous for the
  676  purposes of the Hazardous Materials Transportation Authorization
  677  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq., and that is
  678  required pursuant to such act to carry placards warning others
  679  of the hazardous cargo, unless at the time of lease or rental
  680  either:
  681         a. The lessee indicates in writing that the vehicle will
  682  not be used to transport materials found to be hazardous for the
  683  purposes of the Hazardous Materials Transportation Authorization
  684  Act of 1994, as amended, 49 U.S.C. ss. 5101 et seq.; or
  685         b. The lessee or other operator of the commercial motor
  686  vehicle has in effect insurance with limits of at least
  687  $5,000,000 combined property damage and bodily injury liability.
  688         3.a. A motor vehicle dealer, or a motor vehicle dealer’s
  689  leasing or rental affiliate, that provides a temporary
  690  replacement vehicle at no charge or at a reasonable daily charge
  691  to a service customer whose vehicle is being held for repair,
  692  service, or adjustment by the motor vehicle dealer is immune
  693  from any cause of action and is not liable, vicariously or
  694  directly, under general law solely by reason of being the owner
  695  of the temporary replacement vehicle for harm to persons or
  696  property that arises out of the use, or operation, of the
  697  temporary replacement vehicle by any person during the period
  698  the temporary replacement vehicle has been entrusted to the
  699  motor vehicle dealer’s service customer if there is no
  700  negligence or criminal wrongdoing on the part of the motor
  701  vehicle owner, or its leasing or rental affiliate.
  702         b. For purposes of this section, and notwithstanding any
  703  other provision of general law, a motor vehicle dealer, or a
  704  motor vehicle dealer’s leasing or rental affiliate, that gives
  705  possession, control, or use of a temporary replacement vehicle
  706  to a motor vehicle dealer’s service customer may not be adjudged
  707  liable in a civil proceeding absent negligence or criminal
  708  wrongdoing on the part of the motor vehicle dealer, or the motor
  709  vehicle dealer’s leasing or rental affiliate, if the motor
  710  vehicle dealer or the motor vehicle dealer’s leasing or rental
  711  affiliate executes a written rental or use agreement and obtains
  712  from the person receiving the temporary replacement vehicle a
  713  copy of the person’s driver license and insurance information
  714  reflecting at least the minimum motor vehicle insurance coverage
  715  required in the state. Any subsequent determination that the
  716  driver license or insurance information provided to the motor
  717  vehicle dealer, or the motor vehicle dealer’s leasing or rental
  718  affiliate, was in any way false, fraudulent, misleading,
  719  nonexistent, canceled, not in effect, or invalid does not alter
  720  or diminish the protections provided by this section, unless the
  721  motor vehicle dealer, or the motor vehicle dealer’s leasing or
  722  rental affiliate, had actual knowledge thereof at the time
  723  possession of the temporary replacement vehicle was provided.
  724         c. For purposes of this subparagraph, the term “service
  725  customer” does not include an agent or a principal of a motor
  726  vehicle dealer or a motor vehicle dealer’s leasing or rental
  727  affiliate, and does not include an employee of a motor vehicle
  728  dealer or a motor vehicle dealer’s leasing or rental affiliate
  729  unless the employee was provided a temporary replacement
  730  vehicle:
  731         (I) While the employee’s personal vehicle was being held
  732  for repair, service, or adjustment by the motor vehicle dealer;
  733         (II) In the same manner as other customers who are provided
  734  a temporary replacement vehicle while the customer’s vehicle is
  735  being held for repair, service, or adjustment; and
  736         (III) The employee was not acting within the course and
  737  scope of his or her their employment.
  738         Reviser’s note.—Amended to conform to the immediately preceding
  739         context.
  740         Section 19. Subsection (3) of section 364.336, Florida
  741  Statutes, is amended to read:
  742         364.336 Regulatory assessment fees.—
  743         (3) By January 15 of each year, 2012, and annually
  744  thereafter, the commission must report to the Governor, the
  745  President of the Senate, and the Speaker of the House of
  746  Representatives, providing a detailed description of its efforts
  747  to reduce the regulatory assessment fee for telecommunications
  748  companies, including a detailed description of the regulatory
  749  activities that are no longer required; the commensurate
  750  reduction in costs associated with this reduction in regulation;
  751  the regulatory activities that continue to be required under
  752  this chapter; and the costs associated with those regulatory
  753  activities.
  754         Reviser’s note.—Amended to delete obsolete language.
  755         Section 20. Subsection (6) of section 365.179, Florida
  756  Statutes, is amended to read:
  757         365.179 Direct radio communication between 911 public
  758  safety answering points and first responders.—
  759         (6) By January 1, 2020, each sheriff shall provide to the
  760  Department of Law Enforcement:
  761         (a) A copy of each interlocal agreement made between the
  762  primary first responder agencies within his or her county
  763  pursuant to this section; and
  764         (b) Written certification that all PSAPs in his or her
  765  county are in compliance with this section.
  766         Reviser’s note.—Amended to delete an obsolete provision.
  767         Section 21. Paragraphs (b) and (c) of subsection (3) of
  768  section 373.41492, Florida Statutes, are amended to read:
  769         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
  770  mitigation for mining activities within the Miami-Dade County
  771  Lake Belt.—
  772         (3) The mitigation fee and the water treatment plant
  773  upgrade fee imposed by this section must be reported to the
  774  Department of Revenue. Payment of the mitigation and the water
  775  treatment plant upgrade fees must be accompanied by a form
  776  prescribed by the Department of Revenue.
  777         (b) The proceeds of the water treatment plant upgrade fee,
  778  less administrative costs and less 2 cents per ton transferred
  779  pursuant to paragraph (c), must be transferred by the Department
  780  of Revenue to a trust fund established by Miami-Dade County, for
  781  the sole purpose authorized by paragraph (6)(a).
  782         (c) Until December 1, 2016, or until funding for the study
  783  is complete, whichever comes earlier, 2 cents per ton, not to
  784  exceed $300,000, shall be transferred by the Department of
  785  Revenue to the State Fire Marshal to be used to fund the study
  786  required under s. 552.30 to review the established statewide
  787  ground vibration limits for construction materials mining
  788  activities and to review any legitimate claims paid for damages
  789  caused by such mining activities. Any amount not used to fund
  790  the study shall be transferred to the trust fund established by
  791  Miami-Dade County, for the sole purpose authorized by paragraph
  792  (6)(a).
  793         Reviser’s note.—Amended to conform to the repeal of s. 552.30(3)
  794         relating to the referenced study by this act; the final
  795         study was submitted to the Division of State Fire Marshal
  796         in July 2018.
  797         Section 22. Paragraph (a) of subsection (4) of section
  798  379.2426, Florida Statutes, is amended to read:
  799         379.2426 Regulation of shark fins; penalties.—
  800         (4) The prohibitions under subsection (3) do not apply to
  801  any of the following:
  802         (a) The sale of shark fins by any commercial fisher
  803  fisherman who harvested sharks from a vessel holding a valid
  804  federal shark fishing permit on January 1, 2020.
  805         Reviser’s note.—Amended to conform to usage in the Florida
  806         Statutes and to the directive of the Legislature to remove
  807         gender-specific references from the Florida Statutes by s.
  808         1, ch. 93-199, Laws of Florida.
  809         Section 23. Subsection (9) of section 381.925, Florida
  810  Statutes, is amended to read:
  811         381.925 Cancer Center of Excellence Award.—
  812         (9) The State Surgeon General shall report to the President
  813  of the Senate and the Speaker of the House of Representatives by
  814  January 31, 2014, the status of implementing the Cancer Center
  815  of Excellence Award program, and by December 15 of each year
  816  annually thereafter, the number of applications received, the
  817  number of award recipients by application cycle, a list of award
  818  recipients, and recommendations to strengthen the Cancer Center
  819  of Excellence Award program.
  820         Reviser’s note.—Amended to delete obsolete language. The Cancer
  821         Center of Excellence Award Implementation Report was
  822         submitted by the State Surgeon General on January 31, 2014.
  823         Section 24. Effective July 1, 2021, subsection (2) of
  824  section 393.066, Florida Statutes, as amended by section 2 of
  825  chapter 2020-71, Laws of Florida, effective July 1, 2021, is
  826  amended to read:
  827         393.066 Community services and treatment.—
  828         (2) Necessary services shall be purchased, rather than
  829  provided directly by the agency, when the purchase of services
  830  is more cost-efficient than providing them directly. All
  831  purchased services must be approved by the agency. As a
  832  condition of payment and before billing, persons or entities
  833  under contract with the agency to provide services shall use
  834  agency data management systems to document service provision to
  835  clients and shall use such systems to bill for services.
  836  Contracted persons and entities shall meet the minimum hardware
  837  and software technical requirements established by the agency
  838  for the use of such systems. Such persons or entities shall also
  839  meet any requirements established by the agency for training and
  840  professional development of staff providing direct services to
  841  clients.
  842         Reviser’s note.—Amended, effective July 1, 2021, as amended by
  843         s. 2, ch. 2020-71, Laws of Florida, effective July 1, 2021,
  844         to confirm the editorial insertion of the word “and” to
  845         improve clarity.
  846         Section 25. Subsections (14), (15), (16), and (18) of
  847  section 400.462, Florida Statutes, are reordered and amended to
  848  read:
  849         400.462 Definitions.—As used in this part, the term:
  850         (14)(15) “Home health aide” means a person who is trained
  851  or qualified, as provided by rule, and who provides hands-on
  852  personal care, performs simple procedures as an extension of
  853  therapy or nursing services, assists in ambulation or exercises,
  854  assists in administering medications as permitted in rule and
  855  for which the person has received training established by the
  856  agency under this part, or performs tasks delegated to him or
  857  her under chapter 464.
  858         (15)(14) “Home health services” means health and medical
  859  services and medical supplies furnished to an individual in the
  860  individual’s home or place of residence. The term includes the
  861  following:
  862         (a) Nursing care.
  863         (b) Physical, occupational, respiratory, or speech therapy.
  864         (c) Home health aide services.
  865         (d) Dietetics and nutrition practice and nutrition
  866  counseling.
  867         (e) Medical supplies, restricted to drugs and biologicals
  868  prescribed by a physician.
  869         (16)(18) “Home infusion therapy” means the administration
  870  of intravenous pharmacological or nutritional products to a
  871  patient in his or her home.
  872         (18)(16) “Homemaker” means a person who performs household
  873  chores that include housekeeping, meal planning and preparation,
  874  shopping assistance, and routine household activities for an
  875  elderly, handicapped, or convalescent individual. A homemaker
  876  may not provide hands-on personal care to a client.
  877         Reviser’s note.—Amended to conform with the alphabetical
  878         ordering of the defined terms elsewhere in the section.
  879         Section 26. Effective July 1, 2021, subsection (6) of
  880  section 400.962, Florida Statutes, is amended to read:
  881         400.962 License required; license application.—
  882         (6) An applicant that has been granted a certificate-of
  883  need exemption under s. 408.036(3)(n) 408.036(3)(o) must also
  884  demonstrate and maintain compliance with the following criteria:
  885         (a) The total number of beds per home within the facility
  886  may not exceed eight, with each resident having his or her own
  887  bedroom and bathroom. Each eight-bed home must be colocated on
  888  the same property with two other eight-bed homes and must serve
  889  individuals with severe maladaptive behaviors and co-occurring
  890  psychiatric diagnoses.
  891         (b) A minimum of 16 beds within the facility must be
  892  designated for individuals with severe maladaptive behaviors who
  893  have been assessed using the Agency for Persons with
  894  Disabilities’ Global Behavioral Service Need Matrix with a score
  895  of at least Level 4 and up to Level 6, or assessed using the
  896  criteria deemed appropriate by the Agency for Health Care
  897  Administration regarding the need for a specialized placement in
  898  an intermediate care facility for the developmentally disabled.
  899  For home and community-based Medicaid waiver clients under
  900  chapter 393, the Agency for Persons with Disabilities shall
  901  offer choice counseling to clients regarding appropriate
  902  residential placement based on the needs of the individual.
  903         (c) The applicant has not had a facility license denied,
  904  revoked, or suspended within the 36 months preceding the request
  905  for exemption.
  906         (d) The applicant must have at least 10 years of experience
  907  serving individuals with severe maladaptive behaviors in the
  908  state.
  909         (e) The applicant must implement a state-approved staff
  910  training curriculum and monitoring requirements specific to the
  911  individuals whose behaviors require higher intensity, frequency,
  912  and duration of services.
  913         (f) The applicant must make available medical and nursing
  914  services 24 hours per day, 7 days per week.
  915         (g) The applicant must demonstrate a history of using
  916  interventions that are least restrictive and that follow a
  917  behavioral hierarchy.
  918         (h) The applicant must maintain a policy prohibiting the
  919  use of mechanical restraints.
  920         Reviser’s note.—Amended effective July 1, 2021, to conform to
  921         the repeal of current paragraph (3)(l) by s. 14, ch. 2019
  922         136, Laws of Florida, effective July 1, 2021.
  923         Section 27. Subsection (4) of section 401.45, Florida
  924  Statutes, is amended to read:
  925         401.45 Denial of emergency treatment; civil liability.—
  926         (4) Any licensee or emergency medical technician or
  927  paramedic who in good faith provides emergency medical care or
  928  treatment within the scope of their employment and pursuant to
  929  oral or written instructions of a medical director shall be
  930  deemed to be providing emergency medical care or treatment for
  931  the purposes of s. 768.13(2)(b).
  932         Reviser’s note.—Amended to conform to the immediately preceding
  933         context.
  934         Section 28. Subsection (1) of section 402.402, Florida
  935  Statutes, is amended to read:
  936         402.402 Child protection and child welfare personnel;
  937  attorneys employed by the department.—
  938         (1) CHILD PROTECTIVE INVESTIGATION PROFESSIONAL STAFF
  939  REQUIREMENTS.—The department is responsible for recruitment of
  940  qualified professional staff to serve as child protective
  941  investigators and child protective investigation supervisors.
  942  The department shall make every effort to recruit and hire
  943  persons qualified by their education and experience to perform
  944  social work functions. The department’s efforts shall be guided
  945  by the goal that at least half of all child protective
  946  investigators and supervisors will have a bachelor’s degree or a
  947  master’s degree in social work from a college or university
  948  social work program accredited by the Council on Social Work
  949  Education. The department, in collaboration with the lead
  950  agencies, subcontracted provider organizations, the Florida
  951  Institute for Child Welfare created pursuant to s. 1004.615, and
  952  other partners in the child welfare system, shall develop a
  953  protocol for screening candidates for child protective positions
  954  which reflects the preferences specified in paragraphs (a)-(c)
  955  paragraphs (a)-(f). The following persons shall be given
  956  preference in the recruitment of qualified professional staff,
  957  but the preferences serve only as guidance and do not limit the
  958  department’s discretion to select the best available candidates:
  959         (a) Individuals with baccalaureate degrees in social work
  960  and child protective investigation supervisors with master’s
  961  degrees in social work from a college or university social work
  962  program accredited by the Council on Social Work Education.
  963         (b) Individuals with baccalaureate or master’s degrees in
  964  psychology, sociology, counseling, special education, education,
  965  human development, child development, family development,
  966  marriage and family therapy, and nursing.
  967         (c) Individuals with baccalaureate degrees who have a
  968  combination of directly relevant work and volunteer experience,
  969  preferably in a public service field related to children’s
  970  services, demonstrating critical thinking skills, formal
  971  assessment processes, communication skills, problem solving, and
  972  empathy; a commitment to helping children and families; a
  973  capacity to work as part of a team; an interest in continuous
  974  development of skills and knowledge; and personal strength and
  975  resilience to manage competing demands and handle workplace
  976  stresses.
  977         Reviser’s note.—Amended to confirm the editorial substitution of
  978         a reference to paragraphs (a)-(c) for a reference to
  979         paragraphs (a)-(f). Amendment 292200 to C.S. for S.B. 1666,
  980         2014 Regular Session, combined the subjects of paragraphs
  981         (d)-(f) relating to preference in recruitment of child
  982         protective investigation professional staff in paragraph
  983         (c) but failed to update the cross-reference in the
  984         introductory paragraph of subsection (1). Committee
  985         Substitute for S.B. 1666 became ch. 2014-224, Laws of
  986         Florida.
  987         Section 29. Subsection (3) of section 403.726, Florida
  988  Statutes, is amended to read:
  989         403.726 Abatement of imminent hazard caused by hazardous
  990  substance.—
  991         (3) An imminent hazard exists if any hazardous substance
  992  creates an immediate and substantial danger to human health,
  993  safety, or welfare or to the environment. The department may
  994  institute action in its own name, using the procedures and
  995  remedies of s. 403.121 or s. 403.131, to abate an imminent
  996  hazard. However, the department is authorized to recover a civil
  997  penalty of not more than $37,500 for each day of continued
  998  violation. Whenever serious harm to human health, safety, and
  999  welfare; the environment; or private or public property may
 1000  occur before completion of an administrative hearing or other
 1001  formal proceeding that which might be initiated to abate the
 1002  risk of serious harm, the department may obtain, ex parte, an
 1003  injunction without paying filing and service fees before the
 1004  filing and service of process.
 1005         Reviser’s note.—Amended to confirm the editorial deletion of the
 1006         word “which” to correct an apparent error.
 1007         Section 30. Effective July 1, 2021, subsection (2) and
 1008  paragraphs (l) and (m) of subsection (3) of section 408.036,
 1009  Florida Statutes, as amended by s. 14, ch. 2019-136, Laws of
 1010  Florida, effective July 1, 2021, are reenacted to read:
 1011         408.036 Projects subject to review; exemptions.—
 1012         (2) PROJECTS SUBJECT TO EXPEDITED REVIEW.—Unless exempt
 1013  pursuant to subsection (3), the following projects are subject
 1014  to expedited review:
 1015         (a) Transfer of a certificate of need.
 1016         (b) Replacement of a nursing home, if the proposed project
 1017  site is within a 30-mile radius of the replaced nursing home. If
 1018  the proposed project site is outside the subdistrict where the
 1019  replaced nursing home is located, the prior 6-month occupancy
 1020  rate for licensed community nursing homes in the proposed
 1021  subdistrict must be at least 85 percent in accordance with the
 1022  agency’s most recently published inventory.
 1023         (c) Replacement of a nursing home within the same district,
 1024  if the proposed project site is outside a 30-mile radius of the
 1025  replaced nursing home but within the same subdistrict or a
 1026  geographically contiguous subdistrict. If the proposed project
 1027  site is in the geographically contiguous subdistrict, the prior
 1028  6-month occupancy rate for licensed community nursing homes for
 1029  that subdistrict must be at least 85 percent in accordance with
 1030  the agency’s most recently published inventory.
 1031         (d) Relocation of a portion of a nursing home’s licensed
 1032  beds to another facility or to establish a new facility within
 1033  the same district or within a geographically contiguous
 1034  district, if the relocation is within a 30-mile radius of the
 1035  existing facility and the total number of nursing home beds in
 1036  the state does not increase.
 1037         (e) New construction of a community nursing home in a
 1038  retirement community as further provided in this paragraph.
 1039         1. Expedited review under this paragraph is available if
 1040  all of the following criteria are met:
 1041         a. The residential use area of the retirement community is
 1042  deed-restricted as housing for older persons as defined in s.
 1043  760.29(4)(b).
 1044         b. The retirement community is located in a county in which
 1045  25 percent or more of its population is age 65 and older.
 1046         c. The retirement community is located in a county that has
 1047  a rate of no more than 16.1 beds per 1,000 persons age 65 years
 1048  or older. The rate shall be determined by using the current
 1049  number of licensed and approved community nursing home beds in
 1050  the county per the agency’s most recent published inventory.
 1051         d. The retirement community has a population of at least
 1052  8,000 residents within the county, based on a population data
 1053  source accepted by the agency.
 1054         e. The number of proposed community nursing home beds in an
 1055  application does not exceed the projected bed need after
 1056  applying the rate of 16.1 beds per 1,000 persons aged 65 years
 1057  and older projected for the county 3 years into the future using
 1058  the estimates adopted by the agency reduced by the agency’s most
 1059  recently published inventory of licensed and approved community
 1060  nursing home beds in the county.
 1061         2. No more than 120 community nursing home beds shall be
 1062  approved for a qualified retirement community under each request
 1063  for expedited review. Subsequent requests for expedited review
 1064  under this process may not be made until 2 years after
 1065  construction of the facility has commenced or 1 year after the
 1066  beds approved through the initial request are licensed,
 1067  whichever occurs first.
 1068         3. The total number of community nursing home beds which
 1069  may be approved for any single deed-restricted community
 1070  pursuant to this paragraph may not exceed 240, regardless of
 1071  whether the retirement community is located in more than one
 1072  qualifying county.
 1073         4. Each nursing home facility approved under this paragraph
 1074  must be dually certified for participation in the Medicare and
 1075  Medicaid programs.
 1076         5. Each nursing home facility approved under this paragraph
 1077  must be at least 1 mile, as measured over publicly owned
 1078  roadways, from an existing approved and licensed community
 1079  nursing home.
 1080         6. A retirement community requesting expedited review under
 1081  this paragraph shall submit a written request to the agency for
 1082  expedited review. The request must include the number of beds to
 1083  be added and provide evidence of compliance with the criteria
 1084  specified in subparagraph 1.
 1085         7. After verifying that the retirement community meets the
 1086  criteria for expedited review specified in subparagraph 1., the
 1087  agency shall publicly notice in the Florida Administrative
 1088  Register that a request for an expedited review has been
 1089  submitted by a qualifying retirement community and that the
 1090  qualifying retirement community intends to make land available
 1091  for the construction and operation of a community nursing home.
 1092  The agency’s notice must identify where potential applicants can
 1093  obtain information describing the sales price of, or terms of
 1094  the land lease for, the property on which the project will be
 1095  located and the requirements established by the retirement
 1096  community. The agency notice must also specify the deadline for
 1097  submission of the certificate-of-need application, which may not
 1098  be earlier than the 91st day or later than the 125th day after
 1099  the date the notice appears in the Florida Administrative
 1100  Register.
 1101         8. The qualified retirement community shall make land
 1102  available to applicants it deems to have met its requirements
 1103  for the construction and operation of a community nursing home
 1104  but may sell or lease the land only to the applicant that is
 1105  issued a certificate of need by the agency under this paragraph.
 1106         a. A certificate-of-need application submitted under this
 1107  paragraph must identify the intended site for the project within
 1108  the retirement community and the anticipated costs for the
 1109  project based on that site. The application must also include
 1110  written evidence that the retirement community has determined
 1111  that both the provider submitting the application and the
 1112  project satisfy its requirements for the project.
 1113         b. If the retirement community determines that more than
 1114  one provider satisfies its requirements for the project, it may
 1115  notify the agency of the provider it prefers.
 1116         9. The agency shall review each submitted application. If
 1117  multiple applications are submitted for a project published
 1118  pursuant to subparagraph 7., the agency shall review the
 1119  competing applications.
 1120  
 1121  The agency shall develop rules to implement the expedited review
 1122  process, including time schedule, application content that may
 1123  be reduced from the full requirements of s. 408.037(1), and
 1124  application processing.
 1125         (3) EXEMPTIONS.—Upon request, the following projects are
 1126  subject to exemption from subsection (1):
 1127         (l) For beds in state developmental disabilities centers as
 1128  defined in s. 393.063.
 1129         (m) For the establishment of a health care facility or
 1130  project that meets all of the following criteria:
 1131         1. The applicant was previously licensed within the past 21
 1132  days as a health care facility or provider that is subject to
 1133  subsection (1).
 1134         2. The applicant failed to submit a renewal application and
 1135  the license expired on or after January 1, 2015.
 1136         3. The applicant does not have a license denial or
 1137  revocation action pending with the agency at the time of the
 1138  request.
 1139         4. The applicant’s request is for the same service type,
 1140  district, service area, and site for which the applicant was
 1141  previously licensed.
 1142         5. The applicant’s request, if applicable, includes the
 1143  same number and type of beds as were previously licensed.
 1144         6. The applicant agrees to the same conditions that were
 1145  previously imposed on the certificate of need or on an exemption
 1146  related to the applicant’s previously licensed health care
 1147  facility or project.
 1148         7. The applicant applies for initial licensure as required
 1149  under s. 408.806 within 21 days after the agency approves the
 1150  exemption request. If the applicant fails to apply in a timely
 1151  manner, the exemption expires on the 22nd day following the
 1152  agency’s approval of the exemption.
 1153         Reviser’s note.—Section 14, ch. 2019-136, Laws of Florida,
 1154         purported to amend subsection (2), effective July 1, 2021,
 1155         but did not publish paragraphs (b)-(e). Absent affirmative
 1156         evidence of legislative intent to repeal paragraphs (b)
 1157         (e), subsection (2) is reenacted to confirm the omission
 1158         was not intended. Paragraphs (3)(l) and (m) are
 1159         redesignated from paragraphs (3)(m) and (n) to conform to
 1160         the repeal of paragraph (3)(l), as amended by s. 14, ch.
 1161         2019-136, effective July 1, 2021; the paragraphs were
 1162         erroneously referenced as if they were in subsection (1) by
 1163         Amendment 485034 to C.S. for H.B. 21, 2019 Regular Session,
 1164         which became ch. 2019-136.
 1165         Section 31. Paragraph (g) of subsection (4) of section
 1166  409.165, Florida Statutes, is amended to read:
 1167         409.165 Alternate care for children.—
 1168         (4) With the written consent of parents, custodians, or
 1169  guardians, or in accordance with those provisions in chapter 39
 1170  that relate to dependent children, the department, under rules
 1171  properly adopted, may place a child:
 1172         (g) In a subsidized independent living situation, subject
 1173  to the provisions of s. 409.1451(4)(c),
 1174  
 1175  under such conditions as are determined to be for the best
 1176  interests or the welfare of the child. Any child placed in an
 1177  institution or in a family home by the department or its agency
 1178  may be removed by the department or its agency, and such other
 1179  disposition may be made as is for the best interest of the
 1180  child, including transfer of the child to another institution,
 1181  another home, or the home of the child. Expenditure of funds
 1182  appropriated for out-of-home care can be used to meet the needs
 1183  of a child in the child’s own home or the home of a relative if
 1184  the child can be safely served in the child’s own home or that
 1185  of a relative if placement can be avoided by the expenditure of
 1186  such funds, and if the expenditure of such funds in this manner
 1187  is equal to or less than the cost of out-of-home placement.
 1188         Reviser’s note.—Amended to conform to the substantial rewording
 1189         of s. 409.1451 by s. 8, ch. 2013-178, Laws of Florida; the
 1190         section no longer contains text that equates to material
 1191         formerly in s. 409.1451(4)(c).
 1192         Section 32. Subsection (5) of section 409.973, Florida
 1193  Statutes, is amended to read:
 1194         409.973 Benefits.—
 1195         (5) PROVISION OF DENTAL SERVICES.—
 1196         (a) The Office of Program Policy Analysis and Government
 1197  Accountability shall provide a comprehensive report on the
 1198  provision of dental services under this part to the Governor,
 1199  the President of the Senate, and the Speaker of the House of
 1200  Representatives by December 1, 2016. The Office of Program
 1201  Policy Analysis and Government Accountability is authorized to
 1202  contract with an independent third party to assist in the
 1203  preparation of the report required by this paragraph.
 1204         1. The report must examine the effectiveness of medical
 1205  managed care plans in increasing patient access to dental care,
 1206  improving dental health, achieving satisfactory outcomes for
 1207  Medicaid recipients and the dental provider community, providing
 1208  outreach to Medicaid recipients, and delivering value and
 1209  transparency to the state’s taxpayers regarding the dollars
 1210  intended for, and spent on, actual dental services.
 1211  Additionally, the report must examine, by plan and in the
 1212  aggregate, the historical trends of rates paid to dental
 1213  providers and to dental plan subcontractors, dental provider
 1214  participation in plan networks, and provider willingness to
 1215  treat Medicaid recipients. The report must also compare current
 1216  and historical efforts and trends and the experiences of other
 1217  states in delivering dental services, increasing patient access
 1218  to dental care, and improving dental health.
 1219         2. The Legislature may use the findings of the Office of
 1220  Program Policy Analysis and Government Accountability’s report
 1221  no. 16-07, December 2016, this report in setting the scope of
 1222  minimum benefits set forth in this section for future
 1223  procurements of eligible plans as described in s. 409.966.
 1224  Specifically, the decision to include dental services as a
 1225  minimum benefit under this section, or to provide Medicaid
 1226  recipients with dental benefits separate from the Medicaid
 1227  managed medical assistance program described in this part, may
 1228  take into consideration the data and findings of the report.
 1229         (b) In the event the Legislature takes no action before
 1230  July 1, 2017, with respect to the report findings required under
 1231  paragraph (a) subparagraph (a)2., the agency shall implement a
 1232  statewide Medicaid prepaid dental health program for children
 1233  and adults with a choice of at least two licensed dental managed
 1234  care providers who must have substantial experience in providing
 1235  dental care to Medicaid enrollees and children eligible for
 1236  medical assistance under Title XXI of the Social Security Act
 1237  and who meet all agency standards and requirements. To qualify
 1238  as a provider under the prepaid dental health program, the
 1239  entity must be licensed as a prepaid limited health service
 1240  organization under part I of chapter 636 or as a health
 1241  maintenance organization under part I of chapter 641. The
 1242  contracts for program providers shall be awarded through a
 1243  competitive procurement process. Beginning with the contract
 1244  procurement process initiated during the 2023 calendar year, the
 1245  contracts must be for 6 years and may not be renewed; however,
 1246  the agency may extend the term of a plan contract to cover
 1247  delays during a transition to a new plan provider. The agency
 1248  shall include in the contracts a medical loss ratio provision
 1249  consistent with s. 409.967(4). The agency is authorized to seek
 1250  any necessary state plan amendment or federal waiver to commence
 1251  enrollment in the Medicaid prepaid dental health program no
 1252  later than March 1, 2019. The agency shall extend until December
 1253  31, 2024, the term of existing plan contracts awarded pursuant
 1254  to the invitation to negotiate published in October 2017.
 1255         Reviser’s note.—Amended to conform the fact that the referenced
 1256         report was completed and submitted.
 1257         Section 33. Subsection (2) of section 420.628, Florida
 1258  Statutes, is amended to read:
 1259         420.628 Affordable housing for children and young adults
 1260  leaving foster care; legislative findings and intent.—
 1261         (2) Young adults who leave the child welfare system meet
 1262  the definition of eligible persons under ss. 420.503(17) and
 1263  420.9071(11) 420.9071(10) for affordable housing, and are
 1264  encouraged to participate in federal, state, and local
 1265  affordable housing programs. Students deemed to be eligible
 1266  occupants under 26 U.S.C. s. 42(i)(3)(D) shall be considered
 1267  eligible persons for purposes of all projects funded under this
 1268  chapter.
 1269         Reviser’s note.—Amended to conform to the reordering of
 1270         definitions in s. 420.9071 by this act.
 1271         Section 34. Section 420.9071, Florida Statutes, is
 1272  reordered and amended to read:
 1273         420.9071 Definitions.—As used in ss. 420.907-420.9079, the
 1274  term:
 1275         (1) “Adjusted for family size” means adjusted in a manner
 1276  that results in an income eligibility level that is lower for
 1277  households having fewer than four people, or higher for
 1278  households having more than four people, than the base income
 1279  eligibility determined as provided in subsection (20) (19),
 1280  subsection (21) (20), or subsection (30) (28), based upon a
 1281  formula established by the United States Department of Housing
 1282  and Urban Development.
 1283         (2) “Affordable” means that monthly rents or monthly
 1284  mortgage payments including taxes and insurance do not exceed 30
 1285  percent of that amount which represents the percentage of the
 1286  median annual gross income for the households as indicated in
 1287  subsection (20) (19), subsection (21) (20), or subsection (30)
 1288  (28). However, it is not the intent to limit an individual
 1289  household’s ability to devote more than 30 percent of its income
 1290  for housing, and housing for which a household devotes more than
 1291  30 percent of its income shall be deemed affordable if the first
 1292  institutional mortgage lender is satisfied that the household
 1293  can afford mortgage payments in excess of the 30 percent
 1294  benchmark. The term also includes housing provided by a not-for
 1295  profit corporation that derives at least 75 percent of its
 1296  annual revenues from contracts or services provided to a state
 1297  or federal agency for low-income persons and low-income
 1298  households; that provides supportive housing for persons who
 1299  suffer from mental health issues, substance abuse, or domestic
 1300  violence; and that provides on-premises social and community
 1301  support services relating to job training, life skills training,
 1302  alcohol and substance abuse disorders, child care, and client
 1303  case management.
 1304         (3) “Affordable housing advisory committee” means the
 1305  committee appointed by the governing body of a county or
 1306  eligible municipality for the purpose of recommending specific
 1307  initiatives and incentives to encourage or facilitate affordable
 1308  housing as provided in s. 420.9076.
 1309         (4) “Annual gross income” means annual income as defined
 1310  under the Section 8 housing assistance payments programs in 24
 1311  C.F.R. part 5; annual income as reported under the census long
 1312  form for the recent available decennial census; or adjusted
 1313  gross income as defined for purposes of reporting under Internal
 1314  Revenue Service Form 1040 for individual federal annual income
 1315  tax purposes or as defined by standard practices used in the
 1316  lending industry as detailed in the local housing assistance
 1317  plan and approved by the corporation. Counties and eligible
 1318  municipalities shall calculate income by annualizing verified
 1319  sources of income for the household as the amount of income to
 1320  be received in a household during the 12 months following the
 1321  effective date of the determination.
 1322         (5)(29) “Assisted housing” or “assisted housing
 1323  development” means a rental housing development, including
 1324  rental housing in a mixed-use development, that received or
 1325  currently receives funding from any federal or state housing
 1326  program.
 1327         (6)(5) “Award” means a loan, grant, or subsidy funded
 1328  wholly or partially by the local housing assistance trust fund.
 1329         (7)(6) “Community-based organization” means a nonprofit
 1330  organization that has among its purposes the provision of
 1331  affordable housing to persons who have special needs or have
 1332  very low income, low income, or moderate income within a
 1333  designated area, which may include a municipality, a county, or
 1334  more than one municipality or county, and maintains, through a
 1335  minimum of one-third representation on the organization’s
 1336  governing board, accountability to housing program beneficiaries
 1337  and residents of the designated area.
 1338         (8)(7) “Corporation” means the Florida Housing Finance
 1339  Corporation.
 1340         (9)(8) “Eligible housing” means any real and personal
 1341  property located within the county or the eligible municipality
 1342  which is designed and intended for the primary purpose of
 1343  providing decent, safe, and sanitary residential units that are
 1344  designed to meet the standards of the Florida Building Code or
 1345  previous building codes adopted under chapter 553, or
 1346  manufactured housing constructed after June 1994 and installed
 1347  in accordance with the installation standards for mobile or
 1348  manufactured homes contained in rules of the Department of
 1349  Highway Safety and Motor Vehicles, for home ownership or rental
 1350  for eligible persons as designated by each county or eligible
 1351  municipality participating in the State Housing Initiatives
 1352  Partnership Program.
 1353         (10)(9) “Eligible municipality” means a municipality that
 1354  is eligible for federal community development block grant
 1355  entitlement moneys as an entitlement community identified in 24
 1356  C.F.R. s. 570, subpart D, Entitlement Grants, or a
 1357  nonentitlement municipality that is receiving local housing
 1358  distribution funds under an interlocal agreement that provides
 1359  for possession and administrative control of funds to be
 1360  transferred to the nonentitlement municipality. An eligible
 1361  municipality that defers its participation in community
 1362  development block grants does not affect its eligibility for
 1363  participation in the State Housing Initiatives Partnership
 1364  Program.
 1365         (11)(10) “Eligible person” or “eligible household” means
 1366  one or more natural persons or a family determined by the county
 1367  or eligible municipality to be of very low income, low income,
 1368  or moderate income according to the income limits adjusted to
 1369  family size published annually by the United States Department
 1370  of Housing and Urban Development based upon the annual gross
 1371  income of the household.
 1372         (12)(11) “Eligible sponsor” means a person or a private or
 1373  public for-profit or not-for-profit entity that applies for an
 1374  award under the local housing assistance plan for the purpose of
 1375  providing eligible housing for eligible persons.
 1376         (13)(12) “Grant” means an award from the local housing
 1377  assistance trust fund to an eligible sponsor or eligible person
 1378  to partially assist in the construction, rehabilitation, or
 1379  financing of eligible housing or to provide the cost of tenant
 1380  or ownership qualifications without requirement for repayment as
 1381  long as the condition of award is maintained.
 1382         (14)(13) “Loan” means an award from the local housing
 1383  assistance trust fund to an eligible sponsor or eligible person
 1384  to partially finance the acquisition, construction, or
 1385  rehabilitation of eligible housing with requirement for
 1386  repayment or provision for forgiveness of repayment if the
 1387  condition of the award is maintained.
 1388         (15)(14) “Local housing assistance plan” means a concise
 1389  description of the local housing assistance strategies and local
 1390  housing incentive strategies adopted by local government
 1391  resolution with an explanation of the way in which the program
 1392  meets the requirements of ss. 420.907-420.9079 and corporation
 1393  rule.
 1394         (16)(15) “Local housing assistance strategies” means the
 1395  housing construction, rehabilitation, repair, or finance program
 1396  implemented by a participating county or eligible municipality
 1397  with the local housing distribution or other funds deposited
 1398  into the local housing assistance trust fund.
 1399         (17) “Local housing distributions” means the proceeds of
 1400  the taxes collected under chapter 201 deposited into the Local
 1401  Government Housing Trust Fund and distributed to counties and
 1402  eligible municipalities participating in the State Housing
 1403  Initiatives Partnership Program pursuant to s. 420.9073.
 1404         (18)(16) “Local housing incentive strategies” means local
 1405  regulatory reform or incentive programs to encourage or
 1406  facilitate affordable housing production, which include at a
 1407  minimum, assurance that permits for affordable housing projects
 1408  are expedited to a greater degree than other projects, as
 1409  provided in s. 163.3177(6)(f)3.; an ongoing process for review
 1410  of local policies, ordinances, regulations, and plan provisions
 1411  that increase the cost of housing prior to their adoption; and a
 1412  schedule for implementing the incentive strategies. Local
 1413  housing incentive strategies may also include other regulatory
 1414  reforms, such as those enumerated in s. 420.9076 or those
 1415  recommended by the affordable housing advisory committee in its
 1416  triennial evaluation of the implementation of affordable housing
 1417  incentives, and adopted by the local governing body.
 1418         (19)(18) “Local housing partnership” means the
 1419  implementation of the local housing assistance plan in a manner
 1420  that involves the applicable county or eligible municipality,
 1421  lending institutions, housing builders and developers, real
 1422  estate professionals, advocates for low-income persons,
 1423  community-based housing and service organizations, and providers
 1424  of professional services relating to affordable housing. The
 1425  term includes initiatives to provide support services for
 1426  housing program beneficiaries such as training to prepare
 1427  persons for the responsibility of homeownership, counseling of
 1428  tenants, and the establishing of support services such as day
 1429  care, health care, and transportation.
 1430         (20)(19) “Low-income person” or “low-income household”
 1431  means one or more natural persons or a family that has a total
 1432  annual gross household income that does not exceed 80 percent of
 1433  the median annual income adjusted for family size for households
 1434  within the metropolitan statistical area, the county, or the
 1435  nonmetropolitan median for the state, whichever amount is
 1436  greatest. With respect to rental units, the low-income
 1437  household’s annual income at the time of initial occupancy may
 1438  not exceed 80 percent of the area’s median income adjusted for
 1439  family size. While occupying the rental unit, a low-income
 1440  household’s annual income may increase to an amount not to
 1441  exceed 140 percent of 80 percent of the area’s median income
 1442  adjusted for family size.
 1443         (21)(20) “Moderate-income person” or “moderate-income
 1444  household” means one or more natural persons or a family that
 1445  has a total annual gross household income that does not exceed
 1446  120 percent of the median annual income adjusted for family size
 1447  for households within the metropolitan statistical area, the
 1448  county, or the nonmetropolitan median for the state, whichever
 1449  is greatest. With respect to rental units, the moderate-income
 1450  household’s annual income at the time of initial occupancy may
 1451  not exceed 120 percent of the area’s median income adjusted for
 1452  family size. While occupying the rental unit, a moderate-income
 1453  household’s annual income may increase to an amount not to
 1454  exceed 140 percent of 120 percent of the area’s median income
 1455  adjusted for family size.
 1456         (22)(21) “Personal property” means major appliances,
 1457  including a freestanding refrigerator or stove, to be identified
 1458  on the encumbering documents.
 1459         (23)(22) “Plan amendment” means the addition or deletion of
 1460  a local housing assistance strategy or local housing incentive
 1461  strategy. Plan amendments must at all times maintain consistency
 1462  with program requirements and must be submitted to the
 1463  corporation for review pursuant to s. 420.9072(3). Technical or
 1464  clarifying revisions may not be considered plan amendments but
 1465  must be transmitted to the corporation for purposes of
 1466  notification.
 1467         (24)(23) “Population” means the latest official state
 1468  estimate of population certified pursuant to s. 186.901 prior to
 1469  the beginning of the state fiscal year.
 1470         (25)(30) “Preservation” means actions taken to keep rents
 1471  in existing assisted housing affordable for extremely-low
 1472  income, very-low-income, low-income, and moderate-income
 1473  households while ensuring that the property stays in good
 1474  physical and financial condition for an extended period.
 1475         (26)(24) “Program income” means the proceeds derived from
 1476  interest earned on or investment of the local housing
 1477  distribution and other funds deposited into the local housing
 1478  assistance trust fund, proceeds from loan repayments, recycled
 1479  funds, and all other income derived from use of funds deposited
 1480  in the local housing assistance trust fund. It does not include
 1481  recaptured funds as defined in subsection (27) (25).
 1482         (27)(25) “Recaptured funds” means funds that are recouped
 1483  by a county or eligible municipality in accordance with the
 1484  recapture provisions of its local housing assistance plan
 1485  pursuant to s. 420.9075(5)(j) from eligible persons or eligible
 1486  sponsors, which funds were not used for assistance to an
 1487  eligible household for an eligible activity, when there is a
 1488  default on the terms of a grant award or loan award.
 1489         (28)(26) “Rent subsidies” means ongoing monthly rental
 1490  assistance.
 1491         (29)(27) “Sales price” or “value” means, in the case of
 1492  acquisition of an existing or newly constructed unit, the amount
 1493  on the executed sales contract. For eligible persons who are
 1494  building a unit on land that they own, the sales price is
 1495  determined by an appraisal performed by a state-certified
 1496  appraiser. The appraisal must include the value of the land and
 1497  the improvements using the after-construction value of the
 1498  property and must be dated within 12 months of the date
 1499  construction is to commence. The sales price of any unit must
 1500  include the value of the land in order to qualify as eligible
 1501  housing as defined in subsection (9) (8). In the case of
 1502  rehabilitation or emergency repair of an existing unit that does
 1503  not create additional living space, sales price or value means
 1504  the value of the real property, as determined by an appraisal
 1505  performed by a state-certified appraiser and dated within 12
 1506  months of the date construction is to commence or the assessed
 1507  value of the real property as determined by the county property
 1508  appraiser. In the case of rehabilitation of an existing unit
 1509  that includes the addition of new living space, sales price or
 1510  value means the value of the real property, as determined by an
 1511  appraisal performed by a state-certified appraiser and dated
 1512  within 12 months of the date construction is to commence or the
 1513  assessed value of the real property as determined by the county
 1514  property appraiser, plus the cost of the improvements in either
 1515  case.
 1516         (30)(28) “Very-low-income person” or “very-low-income
 1517  household” means one or more natural persons or a family that
 1518  has a total annual gross household income that does not exceed
 1519  50 percent of the median annual income adjusted for family size
 1520  for households within the metropolitan statistical area, the
 1521  county, or the nonmetropolitan median for the state, whichever
 1522  is greatest. With respect to rental units, the very-low-income
 1523  household’s annual income at the time of initial occupancy may
 1524  not exceed 50 percent of the area’s median income adjusted for
 1525  family size. While occupying the rental unit, a very-low-income
 1526  household’s annual income may increase to an amount not to
 1527  exceed 140 percent of 50 percent of the area’s median income
 1528  adjusted for family size.
 1529         Reviser’s note.—Amended to conform with the alphabetic ordering
 1530         of the defined terms elsewhere in the section, and to
 1531         conform internal cross-references to the reordering.
 1532         Section 35. Subsection (2) of section 420.9072, Florida
 1533  Statutes, is amended to read:
 1534         420.9072 State Housing Initiatives Partnership Program.—The
 1535  State Housing Initiatives Partnership Program is created for the
 1536  purpose of providing funds to counties and eligible
 1537  municipalities as an incentive for the creation of local housing
 1538  partnerships, to expand production of and preserve affordable
 1539  housing, to further the housing element of the local government
 1540  comprehensive plan specific to affordable housing, and to
 1541  increase housing-related employment.
 1542         (2)(a) To be eligible to receive funds under the program, a
 1543  county or eligible municipality must:
 1544         1. Submit to the corporation its local housing assistance
 1545  plan describing the local housing assistance strategies
 1546  established pursuant to s. 420.9075;
 1547         2. Within 12 months after adopting the local housing
 1548  assistance plan, amend the plan to incorporate the local housing
 1549  incentive strategies defined in s. 420.9071(18) 420.9071(16) and
 1550  described in s. 420.9076; and
 1551         3. Within 24 months after adopting the amended local
 1552  housing assistance plan to incorporate the local housing
 1553  incentive strategies, amend its land development regulations or
 1554  establish local policies and procedures, as necessary, to
 1555  implement the local housing incentive strategies adopted by the
 1556  local governing body. A county or an eligible municipality that
 1557  has adopted a housing incentive strategy pursuant to s. 420.9076
 1558  before the effective date of this act shall review the status of
 1559  implementation of the plan according to its adopted schedule for
 1560  implementation and report its findings in the annual report
 1561  required by s. 420.9075(10). If, as a result of the review, a
 1562  county or an eligible municipality determines that the
 1563  implementation is complete and in accordance with its schedule,
 1564  no further action is necessary. If a county or an eligible
 1565  municipality determines that implementation according to its
 1566  schedule is not complete, it must amend its land development
 1567  regulations or establish local policies and procedures, as
 1568  necessary, to implement the housing incentive plan within 12
 1569  months after the effective date of this act, or if extenuating
 1570  circumstances prevent implementation within 12 months, pursuant
 1571  to s. 420.9075(13), enter into an extension agreement with the
 1572  corporation.
 1573         (b) A county or an eligible municipality seeking approval
 1574  to receive its share of the local housing distribution must
 1575  adopt an ordinance containing the following provisions:
 1576         1. Creation of a local housing assistance trust fund as
 1577  described in s. 420.9075(6).
 1578         2. Adoption by resolution of a local housing assistance
 1579  plan as defined in s. 420.9071(15) 420.9071(14) to be
 1580  implemented through a local housing partnership as defined in s.
 1581  420.9071(19) 420.9071(18).
 1582         3. Designation of the responsibility for the administration
 1583  of the local housing assistance plan. Such ordinance may also
 1584  provide for the contracting of all or part of the administrative
 1585  or other functions of the program to a third person or entity.
 1586         4. Creation of the affordable housing advisory committee as
 1587  provided in s. 420.9076.
 1588  
 1589  The ordinance must not take effect until at least 30 days after
 1590  the date of formal adoption. Ordinances in effect prior to the
 1591  effective date of amendments to this section shall be amended as
 1592  needed to conform to new provisions.
 1593         Reviser’s note.—Amended to conform to the reordering of
 1594         definitions in s. 420.9071 by this act.
 1595         Section 36. Paragraph (n) of subsection (5) of section
 1596  420.9075, Florida Statutes, is amended to read:
 1597         420.9075 Local housing assistance plans; partnerships.—
 1598         (5) The following criteria apply to awards made to eligible
 1599  sponsors or eligible persons for the purpose of providing
 1600  eligible housing:
 1601         (n) Funds from the local housing distribution not used to
 1602  meet the criteria established in paragraph (a) or paragraph (c)
 1603  or not used for the administration of a local housing assistance
 1604  plan must be used for housing production and finance activities,
 1605  including, but not limited to, financing preconstruction
 1606  activities or the purchase of existing units, providing rental
 1607  housing, and providing home ownership training to prospective
 1608  home buyers and owners of homes assisted through the local
 1609  housing assistance plan.
 1610         1. Notwithstanding the provisions of paragraphs (a) and
 1611  (c), program income as defined in s. 420.9071(26) 420.9071(24)
 1612  may also be used to fund activities described in this paragraph.
 1613         2. When preconstruction due-diligence activities conducted
 1614  as part of a preservation strategy show that preservation of the
 1615  units is not feasible and will not result in the production of
 1616  an eligible unit, such costs shall be deemed a program expense
 1617  rather than an administrative expense if such program expenses
 1618  do not exceed 3 percent of the annual local housing
 1619  distribution.
 1620         3. If both an award under the local housing assistance plan
 1621  and federal low-income housing tax credits are used to assist a
 1622  project and there is a conflict between the criteria prescribed
 1623  in this subsection and the requirements of s. 42 of the Internal
 1624  Revenue Code of 1986, as amended, the county or eligible
 1625  municipality may resolve the conflict by giving precedence to
 1626  the requirements of s. 42 of the Internal Revenue Code of 1986,
 1627  as amended, in lieu of following the criteria prescribed in this
 1628  subsection with the exception of paragraphs (a) and (g) of this
 1629  subsection.
 1630         4. Each county and each eligible municipality may award
 1631  funds as a grant for construction, rehabilitation, or repair as
 1632  part of disaster recovery or emergency repairs or to remedy
 1633  accessibility or health and safety deficiencies. Any other
 1634  grants must be approved as part of the local housing assistance
 1635  plan.
 1636         Reviser’s note.—Amended to conform to the reordering of
 1637         definitions in s. 420.9071 by this act.
 1638         Section 37. Subsections (1) and (6) of section 420.9076,
 1639  Florida Statutes, are amended to read:
 1640         420.9076 Adoption of affordable housing incentive
 1641  strategies; committees.—
 1642         (1) Each county or eligible municipality participating in
 1643  the State Housing Initiatives Partnership Program, including a
 1644  municipality receiving program funds through the county, or an
 1645  eligible municipality must, within 12 months after the original
 1646  adoption of the local housing assistance plan, amend the plan to
 1647  include local housing incentive strategies as defined in s.
 1648  420.9071(18) 420.9071(16).
 1649         (6) Within 90 days after the date of receipt of the
 1650  evaluation and local housing incentive strategies
 1651  recommendations from the advisory committee, the governing body
 1652  of the appointing local government shall adopt an amendment to
 1653  its local housing assistance plan to incorporate the local
 1654  housing incentive strategies it will implement within its
 1655  jurisdiction. The amendment must include, at a minimum, the
 1656  local housing incentive strategies required under s.
 1657  420.9071(18) 420.9071(16). The local government must consider
 1658  the strategies specified in paragraphs (4)(a)-(k) as recommended
 1659  by the advisory committee.
 1660         Reviser’s note.—Amended to conform to the reordering of
 1661         definitions in s. 420.9071 by this act.
 1662         Section 38. Subsections (6) and (7) of section 429.02,
 1663  Florida Statutes, are reordered and amended to read:
 1664         429.02 Definitions.—When used in this part, the term:
 1665         (7)(6) “Chemical restraint” means a pharmacologic drug that
 1666  physically limits, restricts, or deprives an individual of
 1667  movement or mobility, and is used for discipline or convenience
 1668  and not required for the treatment of medical symptoms.
 1669         (6)(7) “Assistive device” means any device designed or
 1670  adapted to help a resident perform an action, a task, an
 1671  activity of daily living, or a transfer; prevent a fall; or
 1672  recover from a fall. The term does not include a total body lift
 1673  or a motorized sit-to-stand lift, with the exception of a chair
 1674  lift or recliner lift that a resident is able to operate
 1675  independently.
 1676         Reviser’s note.—Amended to conform with the alphabetic ordering
 1677         of the defined terms elsewhere in the section.
 1678         Section 39. Paragraphs (o) and (p) of subsection (3) of
 1679  section 456.053, Florida Statutes, are reordered and amended, to
 1680  read:
 1681         456.053 Financial arrangements between referring health
 1682  care providers and providers of health care services.—
 1683         (3) DEFINITIONS.—For the purpose of this section, the word,
 1684  phrase, or term:
 1685         (p)(o) “Referral” means any referral of a patient by a
 1686  health care provider for health care services, including,
 1687  without limitation:
 1688         1. The forwarding of a patient by a health care provider to
 1689  another health care provider or to an entity which provides or
 1690  supplies designated health services or any other health care
 1691  item or service; or
 1692         2. The request or establishment of a plan of care by a
 1693  health care provider, which includes the provision of designated
 1694  health services or other health care item or service.
 1695         3. The following orders, recommendations, or plans of care
 1696  shall not constitute a referral by a health care provider:
 1697         a. By a radiologist for diagnostic-imaging services.
 1698         b. By a physician specializing in the provision of
 1699  radiation therapy services for such services.
 1700         c. By a medical oncologist for drugs and solutions to be
 1701  prepared and administered intravenously to such oncologist’s
 1702  patient, as well as for the supplies and equipment used in
 1703  connection therewith to treat such patient for cancer and the
 1704  complications thereof.
 1705         d. By a cardiologist for cardiac catheterization services.
 1706         e. By a pathologist for diagnostic clinical laboratory
 1707  tests and pathological examination services, if furnished by or
 1708  under the supervision of such pathologist pursuant to a
 1709  consultation requested by another physician.
 1710         f. By a health care provider who is the sole provider or
 1711  member of a group practice for designated health services or
 1712  other health care items or services that are prescribed or
 1713  provided solely for such referring health care provider’s or
 1714  group practice’s own patients, and that are provided or
 1715  performed by or under the direct supervision of such referring
 1716  health care provider or group practice; provided, however, a
 1717  physician licensed pursuant to chapter 458, chapter 459, chapter
 1718  460, or chapter 461 or an advanced practice registered nurse
 1719  registered under s. 464.0123 may refer a patient to a sole
 1720  provider or group practice for diagnostic imaging services,
 1721  excluding radiation therapy services, for which the sole
 1722  provider or group practice billed both the technical and the
 1723  professional fee for or on behalf of the patient, if the
 1724  referring physician or advanced practice registered nurse
 1725  registered under s. 464.0123 has no investment interest in the
 1726  practice. The diagnostic imaging service referred to a group
 1727  practice or sole provider must be a diagnostic imaging service
 1728  normally provided within the scope of practice to the patients
 1729  of the group practice or sole provider. The group practice or
 1730  sole provider may accept no more than 15 percent of their
 1731  patients receiving diagnostic imaging services from outside
 1732  referrals, excluding radiation therapy services. However, the 15
 1733  percent limitation of this sub-subparagraph and the requirements
 1734  of subparagraph (4)(a)2. do not apply to a group practice entity
 1735  that owns an accountable care organization or an entity
 1736  operating under an advanced alternative payment model according
 1737  to federal regulations if such entity provides diagnostic
 1738  imaging services and has more than 30,000 patients enrolled per
 1739  year.
 1740         g. By a health care provider for services provided by an
 1741  ambulatory surgical center licensed under chapter 395.
 1742         h. By a urologist for lithotripsy services.
 1743         i. By a dentist for dental services performed by an
 1744  employee of or health care provider who is an independent
 1745  contractor with the dentist or group practice of which the
 1746  dentist is a member.
 1747         j. By a physician for infusion therapy services to a
 1748  patient of that physician or a member of that physician’s group
 1749  practice.
 1750         k. By a nephrologist for renal dialysis services and
 1751  supplies, except laboratory services.
 1752         l. By a health care provider whose principal professional
 1753  practice consists of treating patients in their private
 1754  residences for services to be rendered in such private
 1755  residences, except for services rendered by a home health agency
 1756  licensed under chapter 400. For purposes of this sub
 1757  subparagraph, the term “private residences” includes patients’
 1758  private homes, independent living centers, and assisted living
 1759  facilities, but does not include skilled nursing facilities.
 1760         m. By a health care provider for sleep-related testing.
 1761         (o)(p) “Present in the office suite” means that the
 1762  physician is actually physically present; provided, however,
 1763  that the health care provider is considered physically present
 1764  during brief unexpected absences as well as during routine
 1765  absences of a short duration if the absences occur during time
 1766  periods in which the health care provider is otherwise scheduled
 1767  and ordinarily expected to be present and the absences do not
 1768  conflict with any other requirement in the Medicare program for
 1769  a particular level of health care provider supervision.
 1770         Reviser’s note.—Amended to conform with the alphabetic ordering
 1771         of the defined terms elsewhere in the section.
 1772         Section 40. Subsection (16) of section 481.203, Florida
 1773  Statutes, is amended to read:
 1774         481.203 Definitions.—As used in this part, the term:
 1775         (16) “Townhouse” means is a single-family dwelling unit not
 1776  exceeding three stories in height which is constructed in a
 1777  series or group of attached units with property lines separating
 1778  such units. Each townhouse shall be considered a separate
 1779  building and shall be separated from adjoining townhouses by the
 1780  use of separate exterior walls meeting the requirements for zero
 1781  clearance from property lines as required by the type of
 1782  construction and fire protection requirements; or shall be
 1783  separated by a party wall; or may be separated by a single wall
 1784  meeting the following requirements:
 1785         (a) Such wall shall provide not less than 2 hours of fire
 1786  resistance. Plumbing, piping, ducts, or electrical or other
 1787  building services shall not be installed within or through the
 1788  2-hour wall unless such materials and methods of penetration
 1789  have been tested in accordance with the Standard Building Code.
 1790         (b) Such wall shall extend from the foundation to the
 1791  underside of the roof sheathing, and the underside of the roof
 1792  shall have at least 1 hour of fire resistance for a width not
 1793  less than 4 feet on each side of the wall.
 1794         (c) Each dwelling unit sharing such wall shall be designed
 1795  and constructed to maintain its structural integrity independent
 1796  of the unit on the opposite side of the wall.
 1797         Reviser’s note.—Amended to conform to context.
 1798         Section 41. Subsection (3) of section 552.30, Florida
 1799  Statutes, is amended to read:
 1800         552.30 Construction materials mining activities.—
 1801         (3)The State Fire Marshal is directed to conduct or
 1802  contract for a study to review whether the established statewide
 1803  ground vibration limits for construction materials mining
 1804  activities are still appropriate and to review any legitimate
 1805  claims paid for damages caused by such mining activities. The
 1806  study must include a review of measured vibration amplitudes and
 1807  frequencies, structure responses, theoretical analyses of
 1808  material strength and strains, and assessments of home damages.
 1809         (a) The study shall be funded using the specified portion
 1810  of revenues received from the water treatment plant upgrade fee
 1811  pursuant to s. 373.41492.
 1812         (b) The State Fire Marshal shall submit a report to the
 1813  Governor, the President of the Senate, and the Speaker of the
 1814  House of Representatives by December 1, 2016, which contains the
 1815  findings of the study and any recommendations.
 1816         Reviser’s note.—Amended to delete an obsolete provision. The
 1817         final study was submitted to the Division of State Fire
 1818         Marshal in July 2018.
 1819         Section 42. Subsection (8) of section 556.102, Florida
 1820  Statutes, is amended to read:
 1821         556.102 Definitions.—As used in this act:
 1822         (8) “High-priority subsurface installation” means an
 1823  underground gas transmission or gas distribution pipeline, or an
 1824  underground pipeline used to transport gasoline, jet fuel, or
 1825  any other refined petroleum product or hazardous or highly
 1826  volatile liquid, such as anhydrous ammonia or carbon dioxide, if
 1827  the pipeline is deemed to be critical by the operator of the
 1828  pipeline and is identified as a high-priority subsurface
 1829  installation to an excavator who has provided a notice of intent
 1830  to excavate under to s. 556.105(1), or would have been
 1831  identified as a high-priority subsurface installation except for
 1832  the excavator’s failure to give proper notice of intent to
 1833  excavate.
 1834         Reviser’s note.—Amended to confirm the editorial deletion of the
 1835         word “to” to improve clarity.
 1836         Section 43. Subsection (6) of section 624.307, Florida
 1837  Statutes, is amended to read:
 1838         624.307 General powers; duties.—
 1839         (6) The department and office may each employ actuaries who
 1840  shall be at-will employees and who shall serve at the pleasure
 1841  of the Chief Financial Officer, in the case of department
 1842  employees, or at the pleasure of the director of the office, in
 1843  the case of office employees. Actuaries employed pursuant to
 1844  this paragraph shall be members of the Society of Actuaries or
 1845  the Casualty Actuarial Society and shall be exempt from the
 1846  Career Service System established under chapter 110. The
 1847  salaries of the actuaries employed pursuant to this paragraph
 1848  shall be set in accordance with s. 216.251(2)(a)5. and shall be
 1849  set at levels which are commensurate with salary levels paid to
 1850  actuaries by the insurance industry.
 1851         Reviser’s note.—Amended to conform to the fact that s.
 1852         216.251(2)(a)5. was redesignated as s. 216.251(2)(a)6. by
 1853         s. 67, ch. 92-142, Laws of Florida, and subsequently
 1854         repealed by s. 36, ch. 2005-152, Laws of Florida.
 1855         Section 44. Paragraphs (d) and (e) of subsection (2) of
 1856  section 624.5105, Florida Statutes, are amended to read:
 1857         624.5105 Community contribution tax credit; authorization;
 1858  limitations; eligibility and application requirements;
 1859  administration; definitions; expiration.—
 1860         (2) ELIGIBILITY REQUIREMENTS.—
 1861         (d) The project shall be located in an area that was
 1862  designated as an enterprise zone pursuant to chapter 290 as of
 1863  May 1, 2015, or a Front Porch Florida Community. Any project
 1864  designed to provide housing opportunities for persons with
 1865  special needs as defined in s. 420.0004 or to construct or
 1866  rehabilitate housing for low-income or very-low-income
 1867  households as defined in s. 420.9071(20) and (30) 420.9071(19)
 1868  and (28) is exempt from the area requirement of this paragraph.
 1869         (e)1. If, during the first 10 business days of the state
 1870  fiscal year, eligible tax credit applications for projects that
 1871  provide housing opportunities for persons with special needs as
 1872  defined in s. 420.0004 or homeownership opportunities for low
 1873  income or very-low-income households as defined in s.
 1874  420.9071(20) and (30) 420.9071(19) and (28) are received for
 1875  less than the annual tax credits available for those projects,
 1876  the Department of Economic Opportunity shall grant tax credits
 1877  for those applications and shall grant remaining tax credits on
 1878  a first-come, first-served basis for any subsequent eligible
 1879  applications received before the end of the state fiscal year.
 1880  If, during the first 10 business days of the state fiscal year,
 1881  eligible tax credit applications for projects that provide
 1882  housing opportunities for persons with special needs as defined
 1883  in s. 420.0004 or homeownership opportunities for low-income or
 1884  very-low-income households as defined in s. 420.9071(20) and
 1885  (30) 420.9071(19) and (28) are received for more than the annual
 1886  tax credits available for those projects, the Department of
 1887  Economic Opportunity shall grant the tax credits for those
 1888  applications as follows:
 1889         a. If tax credit applications submitted for approved
 1890  projects of an eligible sponsor do not exceed $200,000 in total,
 1891  the credits shall be granted in full if the tax credit
 1892  applications are approved.
 1893         b. If tax credit applications submitted for approved
 1894  projects of an eligible sponsor exceed $200,000 in total, the
 1895  amount of tax credits granted under sub-subparagraph a. shall be
 1896  subtracted from the amount of available tax credits, and the
 1897  remaining credits shall be granted to each approved tax credit
 1898  application on a pro rata basis.
 1899         2. If, during the first 10 business days of the state
 1900  fiscal year, eligible tax credit applications for projects other
 1901  than those that provide housing opportunities for persons with
 1902  special needs as defined in s. 420.0004 or homeownership
 1903  opportunities for low-income or very-low-income households as
 1904  defined in s. 420.9071(20) and (30) 420.9071(19) and (28) are
 1905  received for less than the annual tax credits available for
 1906  those projects, the Department of Economic Opportunity shall
 1907  grant tax credits for those applications and shall grant
 1908  remaining tax credits on a first-come, first-served basis for
 1909  any subsequent eligible applications received before the end of
 1910  the state fiscal year. If, during the first 10 business days of
 1911  the state fiscal year, eligible tax credit applications for
 1912  projects other than those that provide housing opportunities for
 1913  persons with special needs as defined in s. 420.0004 or
 1914  homeownership opportunities for low-income or very-low-income
 1915  households as defined in s. 420.9071(20) and (30) 420.9071(19)
 1916  and (28) are received for more than the annual tax credits
 1917  available for those projects, the Department of Economic
 1918  Opportunity shall grant the tax credits for those applications
 1919  on a pro rata basis.
 1920         Reviser’s note.—Amended to conform to the reordering of
 1921         definitions in s. 420.9071 by this act.
 1922         Section 45. Section 625.091, Florida Statutes, is amended
 1923  to read:
 1924         625.091 Losses and loss adjustment expense reserves;
 1925  liability insurance and workers’ compensation insurance.—The
 1926  reserve liabilities recorded in the insurer’s annual statement
 1927  and financial statements for unpaid u losses and loss adjustment
 1928  expenses shall be the estimated value of its claims when
 1929  ultimately settled and shall be computed as follows:
 1930         (1) For all liability and workers’ compensation claims, the
 1931  statement and statutory reserves and loss adjustment expenses
 1932  shall be in accordance with the form of the annual statement as
 1933  required in s. 624.424, and shall include the computed,
 1934  determined, or estimated value of the unpaid reported claims and
 1935  loss adjustment expenses, allocated and unallocated, and a
 1936  provision for loss and loss adjustment expenses, allocated and
 1937  unallocated, that are incurred but not reported. For claims
 1938  under liability policies, the reserve for reported claims shall
 1939  not be less than $1,000 for each outstanding liability suit.
 1940         (2)(a) Workers’ compensation tabular reserves and long-term
 1941  disability claims including death claims may be reserved at the
 1942  present value at 4 percent interest of the determined and the
 1943  estimated future payments.
 1944         (b) If workers’ compensation reserves are discounted in
 1945  accordance with paragraph (a), discounted loss and loss expense
 1946  reserves shall be used in the computation of excess statutory
 1947  reserves over statement reserves.
 1948         (3) Structured settlements may be used to reduce reserves
 1949  if:
 1950         (a) There is the purchase of an annuity by the insurer to
 1951  fund future payments that are fixed or determined by settlement
 1952  provisions or statutes wherein the claimant is the payee, the
 1953  transaction may be treated as a paid claim and the reserve taken
 1954  down accordingly. The appropriate disclosure of the contingent
 1955  liability for such amount must be disclosed in notes to the
 1956  financial statements of the annual statement; or
 1957         (b) The insurer assigns the obligation to make periodic
 1958  payments to a third party and obtains a full and complete
 1959  release from the claimant, the claim may be treated as a paid
 1960  claim without additional disclosure.
 1961         (4)(a) Accounting credit for anticipated recoveries from
 1962  the Special Disability Trust Fund may only be taken in the
 1963  determination of loss reserves and may not be reflected on the
 1964  financial statements in any manner other than that allowed
 1965  pursuant to this subsection.
 1966         (b) An insurer may only take accounting credit for
 1967  anticipated recoveries from the Special Disability Trust Fund
 1968  for each proof of claim which the fund has reviewed, determined
 1969  to be a valid claim and so notified the carrier, and extended a
 1970  payment offer; or a reimbursement request audited and approved
 1971  for payment or paid by the fund.
 1972         (c)1. Each insurer shall separately identify anticipated
 1973  recoveries from the Special Disability Trust Fund on the annual
 1974  statement required to be filed pursuant to s. 624.424.
 1975         2. For all financial statements filed with the office, each
 1976  insurer shall disclose in the notes to the financial statements
 1977  of any financial statement required to be filed pursuant to s.
 1978  624.424 any credit in loss reserves taken for anticipated
 1979  recoveries from the Special Disability Trust Fund. That
 1980  disclosure shall include:
 1981         a. The amount of credit taken by the insurer in the
 1982  determination of its loss reserves for the prior calendar year
 1983  and the current reporting period on a year-to-date basis.
 1984         b. The amount of payments received by the insurer from the
 1985  Special Disability Trust Fund during the prior calendar year and
 1986  the year-to-date recoveries for the current year.
 1987         c. The amount the insurer was assessed by the Special
 1988  Disability Trust Fund during the prior calendar year and during
 1989  the current calendar year.
 1990         Reviser’s note.—Amended to confirm the editorial substitution of
 1991         the word “unpaid” for the letter “u” to correct a drafting
 1992         error.
 1993         Section 46. Paragraph (e) of subsection (2) of section
 1994  627.6387, Florida Statutes, is amended to read:
 1995         627.6387 Shared savings incentive program.—
 1996         (2) As used in this section, the term:
 1997         (e) “Shoppable health care service” means a lower-cost,
 1998  high-quality nonemergency health care service for which a shared
 1999  savings incentive is available for insureds under a health
 2000  insurer’s shared savings incentive program. Shoppable health
 2001  care services may be provided within or outside this state and
 2002  include, but are not limited to:
 2003         1. Clinical laboratory services.
 2004         2. Infusion therapy.
 2005         3. Inpatient and outpatient surgical procedures.
 2006         4. Obstetrical and gynecological services.
 2007         5. Inpatient and outpatient nonsurgical diagnostic tests
 2008  and procedures.
 2009         6. Physical and occupational therapy services.
 2010         7. Radiology and imaging services.
 2011         8. Prescription drugs.
 2012         9. Services provided through telehealth.
 2013         10. Any additional services published by the Agency for
 2014  Health Care Administration that have the most significant price
 2015  variation pursuant to s. 408.05(3)(m) 408.05(3)(l).
 2016         Reviser’s note.—Amended to confirm the editorial substitution of
 2017         the reference to s. 408.05(3)(m) for a reference to s.
 2018         408.05(3)(l) as added by s. 52, ch. 2020-156, Laws of
 2019         Florida, to conform to the redesignation of paragraphs
 2020         within subsection (3) by s. 3, ch. 2020-134, Laws of
 2021         Florida.
 2022         Section 47. Paragraph (e) of subsection (2) of section
 2023  627.6648, Florida Statutes, is amended to read:
 2024         627.6648 Shared savings incentive program.—
 2025         (2) As used in this section, the term:
 2026         (e) “Shoppable health care service” means a lower-cost,
 2027  high-quality nonemergency health care service for which a shared
 2028  savings incentive is available for insureds under a health
 2029  insurer’s shared savings incentive program. Shoppable health
 2030  care services may be provided within or outside this state and
 2031  include, but are not limited to:
 2032         1. Clinical laboratory services.
 2033         2. Infusion therapy.
 2034         3. Inpatient and outpatient surgical procedures.
 2035         4. Obstetrical and gynecological services.
 2036         5. Inpatient and outpatient nonsurgical diagnostic tests
 2037  and procedures.
 2038         6. Physical and occupational therapy services.
 2039         7. Radiology and imaging services.
 2040         8. Prescription drugs.
 2041         9. Services provided through telehealth.
 2042         10. Any additional services published by the Agency for
 2043  Health Care Administration that have the most significant price
 2044  variation pursuant to s. 408.05(3)(m) 408.05(3)(l).
 2045         Reviser’s note.—Amended to confirm the editorial substitution of
 2046         the reference to s. 408.05(3)(m) for a reference to s.
 2047         408.05(3)(l) as added by s. 52, ch. 2020-156, Laws of
 2048         Florida, to conform to the redesignation of paragraphs
 2049         within subsection (3) by s. 3, ch. 2020-134, Laws of
 2050         Florida.
 2051         Section 48. Subsections (5) through (8) of section 631.54,
 2052  Florida Statutes, are renumbered as subsections (6) through (9),
 2053  respectively, and present subsection (9) is amended to read:
 2054         631.54 Definitions.—As used in this part:
 2055         (5)(9) “Direct written premiums” means direct gross
 2056  premiums written in this state on insurance policies to which
 2057  this part applies, less return premiums thereon on such direct
 2058  business. The term does not include premiums on contracts
 2059  between insurers or reinsurers.
 2060         Reviser’s note.—Amended to conform with the alphabetic ordering
 2061         of the defined terms elsewhere in the section.
 2062         Section 49. Paragraph (e) of subsection (2) of section
 2063  641.31076, Florida Statutes, is amended to read:
 2064         641.31076 Shared savings incentive program.—
 2065         (2) As used in this section, the term:
 2066         (e) “Shoppable health care service” means a lower-cost,
 2067  high-quality nonemergency health care service for which a shared
 2068  savings incentive is available for subscribers under a health
 2069  maintenance organization’s shared savings incentive program.
 2070  Shoppable health care services may be provided within or outside
 2071  this state and include, but are not limited to:
 2072         1. Clinical laboratory services.
 2073         2. Infusion therapy.
 2074         3. Inpatient and outpatient surgical procedures.
 2075         4. Obstetrical and gynecological services.
 2076         5. Inpatient and outpatient nonsurgical diagnostic tests
 2077  and procedures.
 2078         6. Physical and occupational therapy services.
 2079         7. Radiology and imaging services.
 2080         8. Prescription drugs.
 2081         9. Services provided through telehealth.
 2082         10. Any additional services published by the Agency for
 2083  Health Care Administration that have the most significant price
 2084  variation pursuant to s. 408.05(3)(m) 408.05(3)(l).
 2085         Reviser’s note.—Amended to confirm the editorial substitution of
 2086         a reference to s. 408.05(3)(m) for a reference to s.
 2087         408.05(3)(l) to conform to the redesignation of s.
 2088         408.05(3)(l) as added by s. 52, ch. 2020-156, Laws of
 2089         Florida, to conform to the redesignation of paragraphs
 2090         within subsection (3) by s. 3, ch. 2020-134, Laws of
 2091         Florida.
 2092         Section 50. Paragraph (c) of subsection (9) of section
 2093  647.02, Florida Statutes, is amended to read:
 2094         647.02 Definitions.—As used in this chapter, the term:
 2095         (9) “Travel administrator” means a person who directly or
 2096  indirectly underwrites policies for; collects charges,
 2097  collateral, or premiums from; or adjusts or settles claims made
 2098  by residents of this state in connection with travel insurance,
 2099  except that a person is not considered a travel administrator if
 2100  the person is:
 2101         (c) A travel retailer, as defined in s. 626.321(1)(c)2.,
 2102  offering and disseminating travel insurance and registered under
 2103  the license of a limited lines travel insurance producer in
 2104  accordance with s. 626.321(1)(c);
 2105         Reviser’s note.—Amended to confirm the editorial insertion of
 2106         the word “in” to improve clarity.
 2107         Section 51. Paragraph (a) of subsection (3) of section
 2108  647.05, Florida Statutes, is amended to read:
 2109         647.05 Sales practices.—
 2110         (3) If a consumer’s destination jurisdiction requires
 2111  insurance coverage, it is not an unfair trade practice to
 2112  require that the consumer choose between the following options
 2113  as a condition of purchasing a trip or travel package:
 2114         (a) Purchasing the coverage required by the destination
 2115  jurisdiction through the travel retailer, as defined in s.
 2116  626.321(1)(c)2., or limited lines travel insurance producer
 2117  supplying the trip or travel package; or
 2118         Reviser’s note.—Amended to confirm the editorial insertion of
 2119         the word “in” to improve clarity.
 2120         Section 52. Paragraph (h) of subsection (4) of section
 2121  723.079, Florida Statutes, is amended to read:
 2122         723.079 Powers and duties of homeowners’ association.—
 2123         (4) The association shall maintain the following items,
 2124  when applicable, which constitute the official records of the
 2125  association:
 2126         (h) The financial and accounting records of the
 2127  association, kept according to good accounting practices. All
 2128  financial and accounting records must be maintained within this
 2129  state for a at least 5 years. The financial and accounting
 2130  records must include:
 2131         1. Accurate, itemized, and detailed records of all receipts
 2132  and expenditures.
 2133         2. A current account and a periodic statement of the
 2134  account for each member, designating the name and current
 2135  address of each member who is obligated to pay dues or
 2136  assessments, the due date and amount of each assessment or other
 2137  charge against the member, the date and amount of each payment
 2138  on the account, and the balance due.
 2139         3. All tax returns, financial statements, and financial
 2140  reports of the association.
 2141         4. Any other records that identify, measure, record, or
 2142  communicate financial information.
 2143         Reviser’s note.—Amended to confirm the editorial deletion of the
 2144         word “a” to improve clarity.
 2145         Section 53. Paragraph (a) of subsection (4) of section
 2146  784.046, Florida Statutes, is amended to read:
 2147         784.046 Action by victim of repeat violence, sexual
 2148  violence, or dating violence for protective injunction; dating
 2149  violence investigations, notice to victims, and reporting;
 2150  pretrial release violations; public records exemption.—
 2151         (4)(a) The sworn petition shall allege the incidents of
 2152  repeat violence, sexual violence, or dating violence and shall
 2153  include the specific facts and circumstances that form the basis
 2154  upon which relief is sought. With respect to a minor child who
 2155  is living at home, the parent or legal guardian seeking the
 2156  protective injunction on behalf of the minor child must:
 2157         1. Have been an eyewitness to, or have direct physical
 2158  evidence or affidavits from eyewitnesses of, the specific facts
 2159  and circumstances that form the basis upon which relief is
 2160  sought, if the party against whom the protective injunction is
 2161  sought is also a parent, stepparent, or legal guardian of the
 2162  minor child; or
 2163         2. Have reasonable cause to believe that the minor child is
 2164  a victim of repeat violence, sexual violence, or dating violence
 2165  to form the basis upon which relief is sought, if the party
 2166  against whom the protective injunction is sought is a person
 2167  other than a parent, stepparent, or legal guardian of the minor
 2168  child.
 2169         Reviser’s note.—Amended to correct an editorial error made
 2170         during the compilation of the 2005 Florida Statutes.
 2171         Section 54. Paragraph (b) of subsection (1) of section
 2172  943.059, Florida Statutes, is amended to read:
 2173         943.059 Court-ordered sealing of criminal history records.—
 2174         (1) ELIGIBILITY.—A person is eligible to petition a court
 2175  to seal a criminal history record when:
 2176         (b) The person has never, before the date the application
 2177  for a certificate of eligibility is filed, been adjudicated
 2178  guilty in this state of a criminal offense, or been adjudicated
 2179  delinquent in this state for committing any felony or any of the
 2180  following misdemeanor offenses, unless the record of such
 2181  adjudication of delinquency has been expunged pursuant to s.
 2182  943.0515:
 2183         1. Assault, as defined in s. 784.011;
 2184         2. Battery, as defined in s. 784.03;
 2185         3. Assault on a law enforcement officer, a firefighter, or
 2186  other specified officers, as defined in s. 784.07(2)(a);
 2187         4. Carrying a concealed weapon, as defined in s. 790.01(1);
 2188         5. Open carrying of a weapon, as defined in s. 790.053;
 2189         6. Unlawful possession or discharge of a weapon or firearm
 2190  at a school-sponsored event or on school property, as defined in
 2191  s. 790.115;
 2192         7. Unlawful use of destructive devices or bombs, as defined
 2193  in s. 790.1615(1);
 2194         8. Unlawful possession of a firearm by a minor, as defined
 2195  in s. 790.22(5);
 2196         9. Exposure of sexual organs, as defined in s. 800.03;
 2197         10. Arson, as defined in s. 806.031(1);
 2198         11. Petit theft, as defined in s. 812.014(3);
 2199         12. Neglect of a child, as defined in s. 827.03(1)(e); or
 2200         13. Cruelty to animals, as defined in s. 828.12(1)
 2201  828.12(10).
 2202         Reviser’s note.—Amended to correct an erroneous cross-reference.
 2203         Section 828.12 does not contain a subsection (10);
 2204         subsection (1) describes cruelty to animals.
 2205         Section 55. Subsection (2) of section 960.28, Florida
 2206  Statutes, is amended to read:
 2207         960.28 Payment for victims’ initial forensic physical
 2208  examinations.—
 2209         (2) The Crime Victims’ Services Office of the department
 2210  shall pay for medical expenses connected with an initial
 2211  forensic physical examination of a victim of sexual battery as
 2212  defined in chapter 794 or a lewd or lascivious offense as
 2213  defined in chapter 800. Such payment shall be made regardless of
 2214  whether the victim is covered by health or disability insurance
 2215  and whether the victim participates in the criminal justice
 2216  system or cooperates with law enforcement. The payment shall be
 2217  made only out of moneys allocated to the Crime Victims’ Services
 2218  Office for the purposes of this section, and the payment may not
 2219  exceed $1,000 with respect to any violation. The department
 2220  shall develop and maintain separate protocols for the initial
 2221  forensic physical examination of adults and children. Payment
 2222  under this section is limited to medical expenses connected with
 2223  the initial forensic physical examination, and payment may be
 2224  made to a medical provider using an examiner qualified under
 2225  part I of chapter 464, excluding s. 464.003(15) 464.003(14);
 2226  chapter 458; or chapter 459. Payment made to the medical
 2227  provider by the department shall be considered by the provider
 2228  as payment in full for the initial forensic physical examination
 2229  associated with the collection of evidence. The victim may not
 2230  be required to pay, directly or indirectly, the cost of an
 2231  initial forensic physical examination performed in accordance
 2232  with this section.
 2233         Reviser’s note.—Amended to conform to the redesignation of s.
 2234         464.003(14) as s. 464.003(15) by s. 22, ch. 2020-9, Laws of
 2235         Florida.
 2236         Section 56. Paragraph (c) of subsection (2) of section
 2237  1004.6499, Florida Statutes, is amended to read:
 2238         1004.6499 Florida Institute of Politics.—
 2239         (2) The goals of the institute are to:
 2240         (c) Nurture a greater awareness of and passion for public
 2241  service and politics.
 2242         Reviser’s note.—Amended to confirm the editorial insertion of
 2243         the word “of” to improve clarity.
 2244         Section 57. Subsection (4) of section 1007.33, Florida
 2245  Statutes, is amended to read:
 2246         1007.33 Site-determined baccalaureate degree access.—
 2247         (4) A Florida College System institution may:
 2248         (a) Offer specified baccalaureate degree programs through
 2249  formal agreements between the Florida College System institution
 2250  and other regionally accredited postsecondary educational
 2251  institutions pursuant to s. 1007.22.
 2252         (b) Offer baccalaureate degree programs that were
 2253  authorized by law prior to July 1, 2009.
 2254         (c) Beginning July 1, 2009, Establish a first or subsequent
 2255  baccalaureate degree program for purposes of meeting district,
 2256  regional, or statewide workforce needs if approved by the State
 2257  Board of Education under this section.
 2258  
 2259  Beginning July 1, 2009, The Board of Trustees of St. Petersburg
 2260  College is authorized to establish one or more bachelor of
 2261  applied science degree programs based on an analysis of
 2262  workforce needs in Pinellas, Pasco, and Hernando Counties and
 2263  other counties approved by the Department of Education. For each
 2264  program selected, St. Petersburg College must offer a related
 2265  associate in science or associate in applied science degree
 2266  program, and the baccalaureate degree level program must be
 2267  designed to articulate fully with at least one associate in
 2268  science degree program. The college is encouraged to develop
 2269  articulation agreements for enrollment of graduates of related
 2270  associate in applied science degree programs. The Board of
 2271  Trustees of St. Petersburg College is authorized to establish
 2272  additional baccalaureate degree programs if it determines a
 2273  program is warranted and feasible based on each of the factors
 2274  in paragraph (5)(d). However, the Board of Trustees of St.
 2275  Petersburg College may not establish any new baccalaureate
 2276  degree programs from March 31, 2014, through May 31, 2015. Prior
 2277  to developing or proposing a new baccalaureate degree program,
 2278  St. Petersburg College shall engage in need, demand, and impact
 2279  discussions with the state university in its service district
 2280  and other local and regional, accredited postsecondary providers
 2281  in its region. Documentation, data, and other information from
 2282  inter-institutional discussions regarding program need, demand,
 2283  and impact shall be provided to the college’s board of trustees
 2284  to inform the program approval process. Employment at St.
 2285  Petersburg College is governed by the same laws that govern
 2286  Florida College System institutions, except that upper-division
 2287  faculty are eligible for continuing contracts upon the
 2288  completion of the fifth year of teaching. Employee records for
 2289  all personnel shall be maintained as required by s. 1012.81.
 2290         Reviser’s note.—Amended to delete obsolete language.
 2291         Section 58. Paragraph (b) of subsection (16) of section
 2292  1009.24, Florida Statutes, is amended to read:
 2293         1009.24 State university student fees.—
 2294         (16) Each university board of trustees may establish a
 2295  tuition differential for undergraduate courses upon receipt of
 2296  approval from the Board of Governors. However, beginning July 1,
 2297  2014, the Board of Governors may only approve the establishment
 2298  of or an increase in tuition differential for a state research
 2299  university designated as a preeminent state research university
 2300  pursuant to s. 1001.7065(3). The tuition differential shall
 2301  promote improvements in the quality of undergraduate education
 2302  and shall provide financial aid to undergraduate students who
 2303  exhibit financial need.
 2304         (b) Each tuition differential is subject to the following
 2305  conditions:
 2306         1. The tuition differential may be assessed on one or more
 2307  undergraduate courses or on all undergraduate courses at a state
 2308  university.
 2309         2. The tuition differential may vary by course or courses,
 2310  by campus or center location, and by institution. Each
 2311  university board of trustees shall strive to maintain and
 2312  increase enrollment in degree programs related to math, science,
 2313  high technology, and other state or regional high-need fields
 2314  when establishing tuition differentials by course.
 2315         3. For each state university that is designated as a
 2316  preeminent state research university by the Board of Governors,
 2317  pursuant to s. 1001.7065, the aggregate sum of tuition and the
 2318  tuition differential may be increased by no more than 6 percent
 2319  of the total charged for the aggregate sum of these fees in the
 2320  preceding fiscal year. The tuition differential may be increased
 2321  if the university meets or exceeds performance standard targets
 2322  for that university established annually by the Board of
 2323  Governors for the following performance standards, amounting to
 2324  no more than a 2-percent increase in the tuition differential
 2325  for each performance standard:
 2326         a. An increase in the 4-year graduation rate for full-time,
 2327  first-time-in-college students, as reported annually to the
 2328  Integrated Postsecondary Education Data System.
 2329         b. An increase in the total annual research expenditures.
 2330         c. An increase in the total patents awarded by the United
 2331  States Patent and Trademark Office for the most recent years.
 2332         4. The aggregate sum of undergraduate tuition and fees per
 2333  credit hour, including the tuition differential, may not exceed
 2334  the national average of undergraduate tuition and fees at 4-year
 2335  degree-granting public postsecondary educational institutions.
 2336         5. Beneficiaries having prepaid tuition contracts pursuant
 2337  to s. 1009.98(2)(b) which were in effect on July 1, 2007, and
 2338  which remain in effect, are exempt from the payment of the
 2339  tuition differential.
 2340         6. The tuition differential may not be charged to any
 2341  student who was in attendance at the university before July 1,
 2342  2007, and who maintains continuous enrollment.
 2343         7. The tuition differential may be waived by the university
 2344  for students who meet the eligibility requirements for the
 2345  Florida Public Student Assistance Grant Program established in
 2346  s. 1009.50.
 2347         8. Subject to approval by the Board of Governors, the
 2348  tuition differential authorized pursuant to this subsection may
 2349  take effect with the 2009 fall term.
 2350         Reviser’s note.—Amended to confirm the editorial insertion of
 2351         the word “Program” to conform to the full name of the
 2352         program.
 2353         Section 59. Paragraph (a) of subsection (4) of section
 2354  1009.50, Florida Statutes, is amended to read:
 2355         1009.50 Florida Public Student Assistance Grant Program;
 2356  eligibility for grants.—
 2357         (4)(a) The funds appropriated for the Florida Public
 2358  Student Assistance Grant Program shall be distributed to
 2359  eligible institutions in accordance with a formula approved by
 2360  the State Board of Education. The formula must consider at least
 2361  the prior year’s distribution of funds, the number of eligible
 2362  applicants who did not receive awards, the standardization of
 2363  the expected family contribution, and provisions for unused
 2364  funds. The formula must account for changes in the number of
 2365  eligible students across all student assistance grant programs
 2366  established pursuant to this section and ss. 1009.505, 1009.51,
 2367  and 1009.52.
 2368         Reviser’s note.—Amended to confirm the editorial insertion of
 2369         the word “Program” to conform to the full name of the
 2370         program.
 2371         Section 60. Paragraph (a) of subsection (4) of section
 2372  1009.51, Florida Statutes, is amended to read:
 2373         1009.51 Florida Private Student Assistance Grant Program;
 2374  eligibility for grants.—
 2375         (4)(a) The funds appropriated for the Florida Private
 2376  Student Assistance Grant Program shall be distributed to
 2377  eligible institutions in accordance with a formula approved by
 2378  the State Board of Education. The formula must consider at least
 2379  the prior year’s distribution of funds, the number of eligible
 2380  applicants who did not receive awards, the standardization of
 2381  the expected family contribution, and provisions for unused
 2382  funds. The formula must account for changes in the number of
 2383  eligible students across all student assistance grant programs
 2384  established pursuant to this section and ss. 1009.50, 1009.505,
 2385  and 1009.52.
 2386         Reviser’s note.—Amended to confirm the editorial insertion of
 2387         the word “Program” to conform to the full name of the
 2388         program.
 2389         Section 61. Paragraph (a) of subsection (4) of section
 2390  1009.52, Florida Statutes, is amended to read:
 2391         1009.52 Florida Postsecondary Student Assistance Grant
 2392  Program; eligibility for grants.—
 2393         (4)(a) The funds appropriated for the Florida Postsecondary
 2394  Student Assistance Grant Program shall be distributed to
 2395  eligible institutions in accordance with a formula approved by
 2396  the State Board of Education. The formula must consider at least
 2397  the prior year’s distribution of funds, the number of eligible
 2398  applicants who did not receive awards, the standardization of
 2399  the expected family contribution, and provisions for unused
 2400  funds. The formula must account for changes in the number of
 2401  eligible students across all student assistance grant programs
 2402  established pursuant to this section and ss. 1009.50, 1009.505,
 2403  and 1009.51.
 2404         Reviser’s note.—Amended to confirm the editorial insertion of
 2405         the word “Program” to conform to the full name of the
 2406         program.
 2407         Section 62. Paragraph (a) of subsection (1) of section
 2408  1009.65, Florida Statutes, is amended to read:
 2409         1009.65 Medical Education Reimbursement and Loan Repayment
 2410  Program.—
 2411         (1) To encourage qualified medical professionals to
 2412  practice in underserved locations where there are shortages of
 2413  such personnel, there is established the Medical Education
 2414  Reimbursement and Loan Repayment Program. The function of the
 2415  program is to make payments that offset loans and educational
 2416  expenses incurred by students for studies leading to a medical
 2417  or nursing degree, medical or nursing licensure, or advanced
 2418  practice registered nurse licensure or physician assistant
 2419  licensure. The following licensed or certified health care
 2420  professionals are eligible to participate in this program:
 2421         (a) Medical doctors with primary care specialties, doctors
 2422  of osteopathic medicine with primary care specialties, physician
 2423  assistants, licensed practical nurses and registered nurses, and
 2424  advanced practice registered nurses with primary care
 2425  specialties such as certified nurse midwives. Primary care
 2426  medical specialties for physicians include obstetrics,
 2427  gynecology, general and family practice, internal medicine,
 2428  pediatrics, and other specialties which may be identified by the
 2429  Department of Health. From the funds available, the Department
 2430  of Health shall make payments as follows:
 2431         1. Up to $4,000 per year for licensed practical nurses and
 2432  registered nurses, up to $10,000 per year for advanced practice
 2433  registered nurses and physician assistants, and up to $20,000
 2434  per year for physicians. Penalties for noncompliance shall be
 2435  the same as those in the National Health Services Corps Loan
 2436  Repayment Program. Educational expenses include costs for
 2437  tuition, matriculation, registration, books, laboratory and
 2438  other fees, other educational costs, and reasonable living
 2439  expenses as determined by the Department of Health.
 2440         2. All payments are contingent on continued proof of
 2441  primary care practice in an area defined in s. 395.602(2)(b), or
 2442  an underserved area designated by the Department of Health,
 2443  provided the practitioner accepts Medicaid reimbursement if
 2444  eligible for such reimbursement. Correctional facilities, state
 2445  hospitals, and other state institutions that employ medical
 2446  personnel shall be designated by the Department of Health as
 2447  underserved locations. Locations with high incidences of infant
 2448  mortality, high morbidity, or low Medicaid participation by
 2449  health care professionals may be designated as underserved.
 2450         Reviser’s note.—Amended to confirm the editorial reinsertion of
 2451         the word “and” to correct a scrivener’s error in Committee
 2452         Substitute for Committee Substitute for H.B. 607, as second
 2453         engrossed; Committee Substitute for Committee Substitute
 2454         for H.B. 607 became ch. 2020-9, Laws of Florida.
 2455         Section 63. Paragraph (a) of subsection (9) of section
 2456  1009.986, Florida Statutes, is amended to read:
 2457         1009.986 Florida ABLE program.—
 2458         (9) REPORTS.—
 2459         (a) On or before November 1, 2015, Florida ABLE, Inc.,
 2460  shall prepare a report on the status of the establishment of the
 2461  Florida ABLE program by Florida ABLE, Inc. The report must also
 2462  include, if warranted, recommendations for statutory changes to
 2463  enhance the effectiveness and efficiency of the program. Florida
 2464  ABLE, Inc., shall submit copies of the report to the Governor,
 2465  the President of the Senate, and the Speaker of the House of
 2466  Representatives.
 2467         Reviser’s note.—Amended to delete an obsolete provision.
 2468         Section 64. Paragraph (b) of subsection (8) and paragraphs
 2469  (a) and (c) of subsection (17) of section 1011.62, Florida
 2470  Statutes, are amended to read:
 2471         1011.62 Funds for operation of schools.—If the annual
 2472  allocation from the Florida Education Finance Program to each
 2473  district for operation of schools is not determined in the
 2474  annual appropriations act or the substantive bill implementing
 2475  the annual appropriations act, it shall be determined as
 2476  follows:
 2477         (8) DECLINE IN FULL-TIME EQUIVALENT STUDENTS.—
 2478         (b) The allocation authorized in this paragraph (a) is
 2479  suspended for the 2020-2021 fiscal year and does not apply
 2480  during such fiscal year. This paragraph expires July 1, 2021.
 2481         (17) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION.—The
 2482  Legislature may provide an annual funding compression and hold
 2483  harmless allocation in the General Appropriations Act. The
 2484  allocation is created to provide additional funding to school
 2485  districts if the school district’s total funds per FTE in the
 2486  prior year were less than the statewide average or if the school
 2487  district’s district cost differential in the current year is
 2488  less than the prior year. The total allocation shall be
 2489  distributed to eligible school districts as follows:
 2490         (a) Using the most recent prior year FEFP calculation for
 2491  each eligible school district, subtract the total school
 2492  district funds per FTE from the state average funds per FTE, not
 2493  including any adjustments made pursuant to paragraph (19)(b)
 2494  (18)(b). The resulting funds per FTE difference, or a portion
 2495  thereof, as designated in the General Appropriations Act, shall
 2496  then be multiplied by the school district’s total unweighted
 2497  FTE.
 2498         (c) Add the amounts calculated in paragraphs (a) (b) and
 2499  (b) (c) and if the amount is greater than the amount included in
 2500  the General Appropriations Act, the allocation shall be prorated
 2501  to the appropriation amount based on each participating school
 2502  district’s share. This subsection expires July 1, 2021.
 2503         Reviser’s note.—Paragraph (8)(b) is amended to confirm the
 2504         editorial deletion of the word “this” to provide clarity.
 2505         Paragraph (17)(a) is amended to confirm the editorial
 2506         substitution of a reference to paragraph (19)(b) for a
 2507         reference to paragraph (18)(b) to conform to the
 2508         redesignation of subsections by s. 15, ch. 2019-23, Laws of
 2509         Florida. Paragraph (17)(c) is amended to confirm the
 2510         editorial substitution of a reference to paragraphs (a) and
 2511         (b) for a reference to paragraphs (b) and (c) to conform to
 2512         the redesignation of paragraphs by the editors.
 2513         Section 65. Except as otherwise expressly provided in this
 2514  act, this act shall take effect on the 60th day after
 2515  adjournment sine die of the session of the Legislature in which
 2516  enacted.