HB 7069

1
A reviser's bill to be entitled
2An act relating to the Florida Statutes; repealing ss.
316.555(3)(b), 212.08(5)(p), 216.181(17), 220.03(1)(x),
4265.702(7)(b), 287.057(5)(f)14., 311.07(3)(b)11.,
5375.045(5), 381.79(3)(b), 386.206(1) and (5), 394.908(8),
6403.08725(9)(b), 409.913(8)(g), 468.404(1)(b), 470.001,
7470.002, 470.003, 470.005, 470.019, 470.023, 470.027,
8470.028, 470.031, 470.033, 470.034, 470.035, 470.036,
9497.105, 497.109, 497.111, 497.113, 497.115, 497.117,
10497.119, 497.123, 497.125, 497.127, 497.129, 497.131,
11497.135, 497.137, 497.209, 497.217, 497.221, 497.225,
12497.233, 497.301, 497.341, 497.431, 497.435, 497.443,
13497.445, 497.447, 497.515, 497.517, 497.519, 497.529,
14559.904(12), 561.121(4)(b), 624.91(3)(c), and 957.03,
15F.S., all of which provisions have become inoperative by
16noncurrent repeal or expiration and, pursuant to s.
1711.242(5)(b) and (i), may be omitted from the 2006 Florida
18Statutes only through a reviser's bill duly enacted by the
19Legislature; amending ss. 287.042, 943.053, and 943.325,
20F.S., to conform to the repeal of s. 957.03, F.S.; and
21repealing s. 957.04(8), F.S., to conform to the repeal of
22s. 957.03, F.S.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Paragraph (b) of subsection (3) of section
2716.555, Florida Statutes, is repealed.
28
29Reviser's note.--The cited paragraph, which relates to
30use of moneys in the Crime Stoppers Trust Fund for
31department expenses for the 2004-2005 fiscal year
32only, expired pursuant to its own terms, effective
33July 1, 2005.
34
35     Section 2.  Paragraph (p) of subsection (5) of section
36212.08, Florida Statutes, is repealed.
37
38Reviser's note.--The cited paragraph, which relates to
39a sales tax exemption for certain equipment used to
40deploy broadband technologies, was repealed pursuant
41to its own terms, effective June 30, 2005.
42
43     Section 3.  Subsection (17) of section 216.181, Florida
44Statutes, is repealed.
45
46Reviser's note.--The cited subsection, which
47authorizes the Agency for Health Care Administration
48to submit a specified budget amendment in order to
49implement Specific Appropriation 216 of the 2004-2005
50General Appropriations Act upon the happening of a
51certain event, expired pursuant to its own terms,
52effective July 1, 2005.
53
54     Section 4.  Paragraph (x) of subsection (1) of section
55220.03, Florida Statutes, is repealed.
56
57Reviser's note.--The cited paragraph, which defines
58"Secretary" as the secretary of the Department of
59Commerce, which department no longer exists, expired
60pursuant to its own terms, effective June 30, 2005.
61
62     Section 5.  Paragraph (b) of subsection (7) of section
63265.702, Florida Statutes, is repealed.
64
65Reviser's note.--The cited paragraph, which relates to
66a limit on the amount of a grant for regional cultural
67facilities for the 2004-2005 fiscal year only, expired
68pursuant to its own terms, effective July 1, 2005.
69
70     Section 6.  Subparagraph 14. of paragraph (f) of subsection
71(5) of section 287.057, Florida Statutes, is repealed.
72
73Reviser's note.--The cited subparagraph, which
74provides that specified voter education activities of
75the Department of State are not subject to
76competitive-solicitation requirements under s.
77287.057, expired pursuant to its own terms, effective
78July 1, 2005.
79
80     Section 7.  Subparagraph 11. of paragraph (b) of subsection
81(3) of section 311.07, Florida Statutes, is repealed.
82
83Reviser's note.--The cited subparagraph, which lists
84seaport security measures among projects eligible for
85funding under the Florida Seaport Transportation and
86Economic Development Program, expired pursuant to its
87own terms, effective June 30, 2005.
88
89     Section 8.  Subsection (5) of section 375.045, Florida
90Statutes, is repealed.
91
92Reviser's note.--The cited subsection, which
93authorizes the use of certain unobligated moneys from
94the Florida Preservation 2000 Trust Fund for
95appropriation to the Florida Forever Trust Fund for
96use pursuant to s. 259.1051 for the 2004-2005 fiscal
97year only, expired pursuant to its own terms,
98effective July 1, 2005.
99
100     Section 9.  Paragraph (b) of subsection (3) of section
101381.79, Florida Statutes, is repealed.
102
103Reviser's note.--The cited paragraph, which authorizes
104appropriation of certain revenues from the Brain and
105Spinal Cord Injury Program Trust Fund for spinal cord
106injury and brain injury research at the University of
107Miami for the 2004-2005 fiscal year only, expired
108pursuant to its own terms, effective July 1, 2005.
109
110     Section 10.  Subsections (1) and (5) of section 386.206,
111Florida Statutes, are repealed.
112
113Reviser's note.--Subsection (1), which relates to
114signage requirements relating to the smoking ban in
115enclosed indoor workplaces, expired pursuant to
116subsection (5) of s. 386.206, effective July 1, 2005.
117
118     Section 11.  Subsection (8) of section 394.908, Florida
119Statutes, is repealed.
120
121Reviser's note.--The cited subsection, which relates
122to allocation of specified funds relating to substance
123abuse and mental health services for the 2004-2005
124fiscal year only, expired pursuant to its own terms,
125effective July 1, 2005.
126
127     Section 12.  Paragraph (b) of subsection (9) of section
128403.08725, Florida Statutes, is repealed.
129
130Reviser's note.--The cited paragraph, which provides,
131for the 2004-2005 fiscal year only, for
132inapplicability of certain construction requirements
133if the United States Environmental Protection Agency
134fails to approve certain revisions to the state
135implementation plan within 4 years after submittal,
136expired pursuant to its own terms, effective July 1,
1372005.
138
139     Section 13.  Paragraph (g) of subsection (8) of section
140409.913, Florida Statutes, is repealed.
141
142Reviser's note.--The cited paragraph, which provides
143an exemption from specified requirements for Medicaid
144reimbursement where notifying a pharmacy at the point
145of sale that a prescription will be approved is not
146practical, expired pursuant to its own terms,
147effective July 1, 2005.
148
149     Section 14.  Paragraph (b) of subsection (1) of section
150468.404, Florida Statutes, is repealed.
151
152Reviser's note.--The cited paragraph, which relates to
153the assessment level for talent agency license fees
154for the 2004-2005 fiscal year only, expired pursuant
155to its own terms, effective July 1, 2005.
156
157     Section 15.  Sections 470.001, 470.002, 470.003, 470.005,
158470.019, 470.023, 470.027, 470.028, 470.031, 470.033, 470.034,
159470.035, 470.036, 497.105, 497.109, 497.111, 497.113, 497.115,
160497.117, 497.119, 497.123, 497.125, 497.127, 497.129, 497.131,
161497.135, 497.137, 497.209, 497.217, 497.221, 497.225, 497.233,
162497.301, 497.341, 497.431, 497.435, 497.443, 497.445, 497.447,
163497.515, 497.517, 497.519, and 497.529, Florida Statutes, are
164repealed.
165
166Reviser's note.--The cited sections, which relate to
167the funeral and cemetery industry, were repealed by s.
168157, ch. 2004-301, Laws of Florida, effective October
1691, 2005. Since the sections were not repealed by a
170"current session" of the Legislature, they may be
171omitted from the 2006 Florida Statutes only through a
172reviser's bill duly enacted by the Legislature. See s.
17311.242(5)(b) and (i).
174
175     Section 16.  Subsection (12) of section 559.904, Florida
176Statutes, is repealed.
177
178Reviser's note.--The cited subsection, which provides
179for rulemaking authority to stagger motor vehicle
180repair shop registrations over a 2-year period in
181order to implement biennial registration requirements,
182expired pursuant to its own terms, effective June 30,
1832005.
184
185     Section 17.  Paragraph (b) of subsection (4) of section
186561.121, Florida Statutes, is repealed.
187
188Reviser's note.--The cited paragraph, which authorizes
189use of moneys in the Children and Adolescents
190Substance Abuse Trust Fund to fund programs directed
191at reducing and eliminating substance abuse problems
192among adults for the 2004-2005 fiscal year only,
193expired pursuant to its own terms, effective July 1,
1942005.
195
196     Section 18.  Paragraph (c) of subsection (3) of section
197624.91, Florida Statutes, is repealed.
198
199Reviser's note.--The cited paragraph, which relates to
200eligibility for Healthy Kids benefits of individuals
201who attained the age of 19 as of March 31, 2004, was
202repealed pursuant to its own terms, effective March
20331, 2005.
204
205     Section 19.  Section 957.03, Florida Statutes, is repealed.
206
207Reviser's note.--The cited section, which relates to
208the Correctional Privatization Commission, was
209repealed by s. 12, ch. 2004-248, Laws of Florida,
210effective July 1, 2005. Since the section was not
211repealed by a "current session" of the Legislature, it
212may be omitted from the 2006 Florida Statutes only
213through a reviser's bill duly enacted by the
214Legislature. See s. 11.242(5)(b) and (i).
215
216     Section 20.  Paragraph (a) of subsection (17) of section
217287.042, Florida Statutes, is amended to read:
218     287.042  Powers, duties, and functions.--The department
219shall have the following powers, duties, and functions:
220     (17)(a)  To enter into contracts pursuant to chapter 957,
221and to acquire the contractual rights and assume the contractual
222obligations of the Correctional Privatization Commission in
223contracts previously entered into pursuant to chapter 957, for
224the designing, financing, acquiring, leasing, constructing, or
225operating of private correctional facilities. The department
226shall enter into a contract or contracts with one contractor per
227facility for the designing, acquiring, financing, leasing,
228constructing, and operating of that facility or may, if
229specifically authorized by the Legislature, separately contract
230for any such services.
231
232The department may not delegate the responsibilities conferred
233by this subsection.
234
235Reviser's note.--Amended to conform to the repeal of
236s. 957.03, which created the Correctional
237Privatization Commission, effective July 1, 2005, by
238s. 12, ch. 2004-248, Laws of Florida; that repeal is
239confirmed by this act. The Department of Management
240Services has assumed responsibility for contracts
241under chapter 957 pursuant to ss. 287.042(17) and
242957.04, and the deleted material in the amendment to
243s. 287.042(17)(a) has served its purpose.
244
245     Section 21.  Subsection (8) of section 943.053, Florida
246Statutes, is amended to read:
247     943.053  Dissemination of criminal justice information;
248fees.--
249     (8)  Notwithstanding the provisions of s. 943.0525, and any
250user agreements adopted pursuant thereto, and notwithstanding
251the confidentiality of sealed records as provided for in s.
252943.059, the Department of Corrections shall provide, in a
253timely manner, copies of the Florida criminal history records
254for inmates housed in a private state correctional facility to
255the private entity under contract to operate the facility
256pursuant to the provisions of s. 944.105 or s. 957.03. The
257department may assess a charge for the Florida criminal history
258records pursuant to the provisions of chapter 119. Sealed
259records received by the private entity under this section remain
260confidential and exempt from the provisions of s. 119.07(1).
261
262Reviser's note.--Amended to delete a reference to s.
263957.03, which was repealed by s. 12, ch. 2004-248,
264Laws of Florida; the repeal of s. 957.03 is confirmed
265by this act.
266
267     Section 22.  Paragraph (c) of subsection (1) of section
268943.325, Florida Statutes, is amended to read:
269     943.325  Blood or other biological specimen testing for DNA
270analysis.--
271     (1)
272     (c)  As used in this section, the term "any person"
273includes both juveniles and adults committed to a county jail or
274committed to or under the supervision of the Department of
275Corrections or the Department of Juvenile Justice, including
276persons incarcerated in a private correctional institution
277operated under contract pursuant to s. 944.105 or s. 957.03.
278
279Reviser's note.--Amended to delete a reference to s.
280957.03, which was repealed by s. 12, ch. 2004-248,
281Laws of Florida; the repeal of s. 957.03 is confirmed
282by this act.
283
284     Section 23.  Subsection (8) of section 957.04, Florida
285Statutes, is repealed.
286
287Reviser's note.--The cited subsection, which provides
288that the Department of Management Services is the
289successor agency for the Correctional Privatization
290Commission for contracts entered into pursuant to
291chapter 957 that are in effect on July 1, 2004, has
292served its purpose. Section 957.03, which created the
293Correctional Privatization Commission, was repealed
294effective July 1, 2005, by s. 12, ch. 2004-248, Laws
295of Florida; that repeal is confirmed by this act. The
296remaining material in s. 957.04 provides for the
297Department of Management Services to be responsible
298for duties formerly carried out by the Correctional
299Privatization Commission.
300
301     Section 24.  This act shall take effect on the 60th day
302after adjournment sine die of the session of the Legislature in
303which enacted.


CODING: Words stricken are deletions; words underlined are additions.