Florida Senate - 2009 SB 1282
By Senator Villalobos
38-01237-09 20091282__
1 A reviser’s bill to be entitled
2 An act relating to the Florida Statutes; amending ss.
3 220.19, 420.5087, and 624.5107, F.S., and repealing
4 ss. 110.1245(4)(b), 185.085(6), 215.96(4),
5 216.292(3)(c)-(e) and (5)(b), 253.03(17),
6 253.034(6)(f)2., 320.08058(1)(d), 322.025(2),
7 403.890(5), 408.036(3)(m), 475.278(2)(b) and (c),
8 487.041(1), 509.302(8), 561.121(4), 561.501, 570.957,
9 921.0001, 921.001, 921.0011, 921.0012, 921.0013,
10 921.0014, 921.0015, 921.0016, 921.005, 985.803,
11 985.804, 985.805, 985.806, 985.807, and 1010.78, F.S.,
12 to delete provisions which have become inoperative by
13 noncurrent repeal or expiration and, pursuant to s.
14 11.242(5)(b) and (i), may be omitted from the 2009
15 Florida Statutes only through a reviser's bill duly
16 enacted by the Legislature; repealing ss. 626.97411
17 and 1006.20(10), F.S., to confirm the October 2, 2008,
18 repeal of exemptions in accordance with the Open
19 Government Sunset Review Act; and amending s.
20 775.0845, F.S., to conform to the repeal of ss.
21 921.0012 and 921.0013, F.S.; providing an effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (b) of subsection (4) of section
27 110.1245, Florida Statutes, is repealed.
28 Reviser's note.—The cited paragraph, which relates to
29 use of funds for cash awards to state employees for
30 the 2007-2008 fiscal year only, was repealed by its
31 own terms, effective July 1, 2008.
32 Section 2. Subsection (6) of section 185.085, Florida
33 Statutes, is repealed.
34 Reviser's note.—The cited subsection, which relates to
35 distribution of premium excise tax amounts pursuant to
36 specified formulae and conditions, expired pursuant to
37 its own terms, effective January 1, 2008.
38 Section 3. Subsection (4) of section 215.96, Florida
39 Statutes, is repealed.
40 Reviser's note.—The cited subsection, which relates to
41 duties of the Financial Management Information Board,
42 through its coordinating council, to facilitate the
43 integration of specified financial management
44 information systems, including establishment of an
45 Enterprise Resource Planning Integration Task Force,
46 was amended by two 2004 laws. The amendment by s. 26,
47 ch. 2004-269, Laws of Florida, provided that the
48 subsection expired pursuant to its own terms,
49 effective July 1, 2005. The amendment by s. 10, ch.
50 2004-390, Laws of Florida, provided that the
51 subsection expired pursuant to its own terms,
52 effective July 1, 2008. Both dates have now occurred.
53 Section 4. Paragraphs (c), (d), and (e) of subsection (3)
54 and paragraph (b) of subsection (5) of section 216.292, Florida
55 Statutes, are repealed.
56 Reviser's note.—The cited paragraphs, which relate to
57 transfer of appropriations for operations relating to
58 criminal conflict and civil regional counsel budget
59 entities and between such entities and the child
60 dependency and civil conflict case appropriation
61 category and the criminal conflicts case costs
62 appropriation category within the Justice
63 Administration Commission, and recommendations by the
64 Governor for initiation of fixed capital outlay
65 projects funded by grants awarded by FEMA for certain
66 disaster declarations, were repealed by their own
67 terms, effective July 1, 2008.
68 Section 5. Section 220.19, Florida Statutes, is amended to
69 read:
70 220.19 Child care tax credits.—
71 (1) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
72 (a)1. A credit of 50 percent of the startup costs of child
73 care facilities operated by a corporation for its employees is
74 allowed against any tax due for a taxable year under this
75 chapter. A credit against such tax is also allowed for the
76 operation of a child care facility by a corporation for its
77 employees, which credit is in the amount of $50 per month for
78 each child enrolled in the facility.
79 2. A credit is allowed against any tax due for a taxable
80 year under this chapter for any taxpayer that makes payments
81 directly to a child care facility as defined by s. 402.302 which
82 is licensed in accordance with s. 402.305, or to any facility
83 providing daily care to children who are mildly ill, which
84 payments are made in the name of and for the benefit of an
85 employee of the taxpayer in this state whose child attends the
86 child care facility during the employee's working hours. The
87 credit shall be an amount equal to 50 percent of the amount of
88 such child care payments.
89 (b) A corporation may not receive more than $50,000 in
90 annual tax credits for all approved child care costs that the
91 corporation incurs in any one year.
92 (c) The total amount of tax credits which may be granted
93 for all programs approved under this section and s. 624.5107 is
94 $2 million annually.
95 (d) An application for tax credit under this section must
96 be approved by the executive director of the department.
97 (1)(e) If the credit granted under this section is not
98 fully used in any one year because of insufficient tax liability
99 on the part of the corporation, the unused amount may be carried
100 forward for a period not to exceed 5 years. The carryover credit
101 may be used in a subsequent year when the tax imposed by this
102 chapter for that year exceeds the credit for which the
103 corporation is eligible in that year under this section after
104 applying the other credits and unused carryovers in the order
105 provided by s. 220.02(8).
106 (2)(f) If a corporation receives a credit for child care
107 facility startup costs, and the facility fails to operate for at
108 least 5 years, a pro rata share of the credit must be repaid, in
109 accordance with the formula: A = C x (1 - (N/60)), where:
110 (a)1. “A” is the amount in dollars of the required
111 repayment.
112 (b)2. “C” is the total credits taken by the corporation for
113 child care facility startup costs.
114 (c)3. “N” is the number of months the facility was in
115 operation.
116 This repayment requirement is inapplicable if the corporation
117 goes out of business or can demonstrate to the department that
118 its employees no longer want to have a child care facility.
119 (g) A taxpayer that files a consolidated return in this
120 state as a member of an affiliated group under s. 220.131(1) may
121 be allowed the credit on a consolidated return basis.
122 (h) A taxpayer that is eligible to receive credit under s.
123 624.5107 is ineligible to receive credit under this section.
124 (2) ELIGIBILITY REQUIREMENTS.—
125 (a) A child care facility with respect to which a
126 corporation claims a child care tax credit must be a child care
127 facility as defined by s. 402.302 and must be licensed in
128 accordance with s. 402.305, or must be a facility providing
129 daily care to children who are mildly ill.
130 (b) The services of a child care facility for which a
131 corporation claims a child care tax credit under subparagraph
132 (1)(a)1. must be available to all employees of the corporation,
133 or must be allocated on a first-come, first-served basis, and
134 must be used by employees of the taxpayer.
135 (c) Two or more corporations may join together to start and
136 to operate a child care facility according to the provisions of
137 this section. If two or more corporations choose to jointly
138 operate a child care facility, or cause a not-for-profit
139 corporation to operate the child care facility, the corporations
140 must file a joint application or the not-for-profit corporation
141 may file the application with the department, pursuant to
142 subsection (3), setting forth their proposal. The participating
143 corporations may proportion the annual child care costs credits
144 in any manner they choose as appropriate, but no jointly
145 operated corporate child care facility established under this
146 section may receive more than $50,000 in annual tax credits for
147 all approved child care costs that the participating
148 corporations incur in any one year.
149 (d) Child care payments for which a corporation claims a
150 credit under subparagraph (1)(a)2. shall not exceed the amount
151 charged by the child care facility to other children of like age
152 and abilities of persons not employed by the corporation.
153 (3) APPLICATION REQUIREMENTS.—Any corporation that wishes
154 to participate in this program must submit to the department an
155 application for tax credit which sets forth the proposal for
156 establishing a child care facility for the use of its employees
157 or for payment of the cost of child care for its employees. This
158 application must state the anticipated startup costs and the
159 number of children to be enrolled, in the case of credit claimed
160 under subparagraph (1)(a)1., or the number of children for whom
161 child care costs will be paid, in the case of credit claimed
162 under subparagraph (1)(a)2.
163 (4) ADMINISTRATION.—
164 (a) The Department of Revenue may adopt all rules pursuant
165 to the Administrative Procedure Act to administer this section,
166 including rules for the approval or disapproval of proposals
167 submitted by corporations and rules to provide for cooperative
168 arrangements between for-profit and not-for-profit corporations.
169 (b) The executive director's decision to approve or
170 disapprove a proposal must be in writing, and, if the proposal
171 is approved, the decision must state the maximum credit
172 allowable to the corporation.
173 (c) All approvals for the granting of the tax credit
174 require prior verification by the Department of Children and
175 Family Services or local licensing agency that the corporation
176 meets the licensure requirements as defined in s. 402.302 and is
177 currently licensed in accordance with s. 402.305, or is a
178 facility providing daily care to children who are mildly ill.
179 (d) Verification of the child care provider as an approved
180 facility must be in writing and must be attached to the credit
181 application form submitted to the Department of Revenue.
182 (5) EXPIRATION.—This section expires on June 30, 2008,
183 except that paragraph (1)(e), which relates to carryover
184 credits, and paragraph (1)(f), which relates to repaying tax
185 credits in specified circumstances, do not expire on that date.
186 (6) MEANING OF CORPORATION.—As used in this section, the
187 term “corporation” includes all general partnerships, limited
188 partnerships, unincorporated businesses, and all other business
189 entities which are owned or controlled by the parent
190 corporation.
191 Reviser's note.—Amended to conform to the expiration
192 of all of the section except paragraphs (1)(e) and (f)
193 by the terms of subsection (5), effective June 30,
194 2008.
195 Section 6. Subsection (17) of section 253.03, Florida
196 Statutes, is repealed.
197 Reviser's note.—The cited subsection, which relates to
198 lease of the South Florida Evaluation and Treatment
199 Center complex in Miami-Dade County for the 2007-2008
200 fiscal year only, expired pursuant to its own terms,
201 effective July 1, 2008.
202 Section 7. Subparagraph 2. of paragraph (f) of subsection
203 (6) of section 253.034, Florida Statutes, is repealed.
204 Reviser's note.—The cited subparagraph, which relates
205 to offer of reconveyance of specified surplus land
206 conveyed to the state by a fair association before
207 1955, expired pursuant to its own terms, effective
208 July 1, 2008.
209 Section 8. Paragraph (d) of subsection (1) of section
210 320.08058, Florida Statutes, is repealed.
211 Reviser's note.—The cited paragraph, which relates to
212 use of the annual use fee deposited into the Save the
213 Manatee Trust Fund from sale of manatee license plates
214 for buying back unissued manatee plates during the
215 2007-2008 fiscal year only, expired pursuant to its
216 own terms, effective July 1, 2008.
217 Section 9. Subsection (2) of section 322.025, Florida
218 Statutes, is repealed.
219 Reviser's note.—The cited subsection, which relates to
220 requirements for distribution of safety materials,
221 including the Official Florida Driver Handbook,
222 expired pursuant to its own terms, effective July 1,
223 2008.
224 Section 10. Subsection (5) of section 403.890, Florida
225 Statutes, is repealed.
226 Reviser's note.—The cited subsection, which authorizes
227 transfer of interest earnings accumulated in the Water
228 Protection and Sustainability Program Trust Fund to
229 the Ecosystem Management and Restoration Trust Fund
230 for grants and aids to local governments for certain
231 water projects, expired pursuant to its own terms,
232 effective July 1, 2008.
233 Section 11. Paragraph (m) of subsection (3) of section
234 408.036, Florida Statutes, is repealed.
235 Reviser's note.—The cited paragraph, which relates to
236 requirements for an adult open-heart-surgery program
237 to be located in a new hospital where the new hospital
238 is being established in the location of an existing
239 hospital with such a program, was repealed by its own
240 terms, effective January 1, 2008.
241 Section 12. Subsection (2) of section 420.5087, Florida
242 Statutes, is amended to read:
243 420.5087 State Apartment Incentive Loan Program.—There is
244 hereby created the State Apartment Incentive Loan Program for
245 the purpose of providing first, second, or other subordinated
246 mortgage loans or loan guarantees to sponsors, including for
247 profit, nonprofit, and public entities, to provide housing
248 affordable to very-low-income persons.
249 (2) The corporation shall have the power to underwrite and
250 make state apartment incentive loans or loan guarantees to
251 sponsors, provided:
252 (a) The sponsor uses tax-exempt financing for the first
253 mortgage and at least 20 percent of the units in the project are
254 set aside for persons or families who have incomes which meet
255 the income eligibility requirements of s. 8 of the United States
256 Housing Act of 1937, as amended;
257 (b) The sponsor uses taxable financing for the first
258 mortgage and at least 20 percent of the units in the project are
259 set aside for persons or families who have incomes below 50
260 percent of the state or local median income, whichever is
261 higher, which shall be adjusted by the corporation for family
262 size; or
263 (c) The sponsor uses the federal low-income housing tax
264 credit, and the project meets the tenant income eligibility
265 requirements of s. 42 of the Internal Revenue Code of 1986, as
266 amended.; or
267 (d) The project is located in a county that includes, or
268 has included within the previous 5 years, an area of critical
269 state concern designated or ratified by the Legislature for
270 which the Legislature has declared its intent to provide
271 affordable housing, and 100 percent of the units in the project
272 are set aside for persons or families who have incomes below 120
273 percent of the state or local median income, whichever is
274 higher, which shall be adjusted by the corporation for family
275 size. This paragraph expires July 1, 2008.
276 This subsection does not prohibit a tenant from qualifying under
277 the income eligibility criteria of paragraph (a), paragraph (b),
278 or paragraph (c), or paragraph (d) due to the tenant's
279 participation in a job training program approved by the
280 corporation. Compliance with the provisions of this subsection
281 must be contractually provided for the term of the loan or 12
282 years, whichever is longer; however, this subsection does not
283 apply to loans made to housing communities for the elderly to
284 provide for lifesafety, building preservation, health,
285 sanitation, or security-related repairs or improvements. Such
286 loans shall be subject to tenant income criteria established by
287 corporation rule.
288 Reviser's note.—Amended to conform to the expiration
289 of paragraph (d), which relates to projects in areas
290 of critical state concern under the State Apartment
291 Incentive Loan Program, pursuant to its own terms,
292 effective July 1, 2008.
293 Section 13. Paragraphs (b) and (c) of subsection (2) of
294 section 475.278, Florida Statutes, are repealed.
295 Reviser's note.—The cited paragraphs, which relate to
296 disclosure requirements and contents of disclosure for
297 transaction brokers, expired pursuant to their own
298 terms, effective July 1, 2008.
299 Section 14. Subsection (1) of section 487.041, Florida
300 Statutes, is repealed.
301 Reviser's note.—The cited subsection, which requires
302 registration of each brand of pesticide distributed,
303 sold, offered for sale, or transported within this
304 state, expired pursuant to its own terms, effective at
305 midnight, December 31, 2008.
306 Section 15. Subsection (8) of section 509.302, Florida
307 Statutes, is repealed.
308 Reviser's note.—The cited subsection, which authorizes
309 use of revenue from administrative fines to support
310 the Hospitality Education Program, expired pursuant to
311 its own terms, effective July 1, 2008.
312 Section 16. Subsection (4) of section 561.121, Florida
313 Statutes, is repealed.
314 Reviser's note.—The cited subsection, which relates to
315 payment of funds collected pursuant to s. 561.501 into
316 the State Treasury to be credited to the General
317 Revenue Funds, was repealed by s. 2, ch. 2006-162,
318 Laws of Florida, effective July 1, 2008. Since the
319 subsection was not repealed by a “current session” of
320 the Legislature, it may be omitted from the 2009
321 Florida Statutes only through a reviser's bill duly
322 enacted by the Legislature. See s. 11.242(5)(b) and
323 (i).
324 Section 17. Section 561.501, Florida Statutes, is repealed.
325 Reviser's note.—The cited section, which relates to a
326 surcharge on sale of alcoholic beverages for
327 consumption on the premises, was repealed by s. 7, ch.
328 2006-162, Laws of Florida, effective July 1, 2008.
329 Since the section was not repealed by a “current
330 session” of the Legislature, it may be omitted from
331 the 2009 Florida Statutes only through a reviser's
332 bill duly enacted by the Legislature. See s.
333 11.242(5)(b) and (i).
334 Section 18. Section 570.957, Florida Statutes, is repealed.
335 Reviser's note.—The cited section, which establishes
336 the Farm-to-Fuel Grants Program, expired pursuant to
337 its own terms, effective July 1, 2008.
338 Section 19. Section 624.5107, Florida Statutes, is amended
339 to read:
340 624.5107 Child care tax credits; definitions;
341 authorization; limitations; eligibility and application
342 requirements; administration; expiration.—
343 (1) DEFINITIONS.—As used in this section:
344 (a) “Child care facility startup costs” means expenditures
345 for substantial renovation, equipment, including playground
346 equipment and kitchen appliances and cooking equipment, real
347 property, including land and improvements, and for reduction of
348 debt, made in connection with the establishment of a child care
349 facility as defined by s. 402.302, or any facility providing
350 daily care to children who are mildly ill, which is located in
351 this state on the insurer's premises and used by the employees
352 of the insurer.
353 (b) “Operation of a child care facility” means operation of
354 a child care facility as defined by s. 402.302, or any facility
355 providing daily care to children who are mildly ill, which is
356 located in this state within 5 miles of at least one place of
357 business of the insurer and which is used by the employees of
358 the insurer.
359 (c) “Department” means the Department of Revenue.
360 (d) “Executive director” means the executive director of
361 the Department of Revenue.
362 (2) AUTHORIZATION TO GRANT TAX CREDITS; LIMITATIONS.—
363 (a)1. A credit of 50 percent of the startup costs of child
364 care facilities operated by an insurer for its employees is
365 allowed against any tax due for a taxable year under s. 624.509
366 or s. 624.510. A credit against such tax is also allowed for the
367 operation of a child care facility by an insurer for its
368 employees, which credit is in the amount of $50 per month for
369 each child enrolled in the facility.
370 2. A credit is allowed against any tax due for a taxable
371 year under s. 624.509 or s. 624.510 for any insurer that makes
372 payments directly to a child care facility as defined by s.
373 402.302 which is licensed in accordance with s. 402.305, or to
374 any facility providing daily care to children who are mildly
375 ill, which payments are made in the name of and for the benefit
376 of an employee of the insurer in this state whose child attends
377 the child care facility during the employee's working hours. The
378 credit shall be an amount equal to 50 percent of the amount of
379 such child care payments.
380 (b) An insurer may not receive more than $50,000 in annual
381 tax credits for all approved child care costs that the insurer
382 incurs in any one year.
383 (c) The total amount of tax credits which may be granted
384 for all programs approved under this section and s. 220.19 is $2
385 million annually.
386 (d) An application for tax credit under this section must
387 be approved by the executive director.
388 (1)(e) If the credit granted under this section is not
389 fully used in any one year because of insufficient tax liability
390 on the part of the insurer, the unused amount may be carried
391 forward for a period not to exceed 5 years. The carryover credit
392 may be used in a subsequent year when the tax imposed by s.
393 624.509 or s. 624.510 for that year exceeds the credit for which
394 the insurer is eligible in that year under this section.
395 (2)(f) If an insurer receives a credit for child care
396 facility startup costs, and the facility fails to operate for at
397 least 5 years, a pro rata share of the credit must be repaid, in
398 accordance with the formula: A = C x (1 - (N/60)), where:
399 (a)1. “A” is the amount in dollars of the required
400 repayment.
401 (b)2. “C” is the total credits taken by the insurer for
402 child care facility startup costs.
403 (c)3. “N” is the number of months the facility was in
404 operation.
405 This repayment requirement is inapplicable if the insurer goes
406 out of business or can demonstrate to the department that its
407 employees no longer want to have a child care facility.
408 (3) ELIGIBILITY REQUIREMENTS.—
409 (a) A child care facility with respect to which an insurer
410 claims a child care tax credit must be a child care facility as
411 defined by s. 402.302 and must be licensed in accordance with s.
412 402.305, or must be a facility providing daily care to children
413 who are mildly ill.
414 (b) The services of a child care facility for which an
415 insurer claims a child care tax credit under subparagraph
416 (2)(a)1. must be available to all employees of the insurer or
417 must be allocated on a first-come, first-served basis, and must
418 be used by employees of the insurer.
419 (c) Child care payments for which an insurer claims a
420 credit under subparagraph (2)(a)2. shall not exceed the amount
421 charged by the child care facility to other children of like age
422 and abilities of persons not employed by the insurer.
423 (4) APPLICATION REQUIREMENTS.—Any insurer that wishes to
424 participate in this program must submit to the department an
425 application for tax credit which sets forth the proposal for
426 establishing a child care facility for the use of its employees
427 or for payment of the cost of child care for its employees. This
428 application must state the anticipated startup costs and the
429 number of children to be enrolled, in the case of credit claimed
430 under subparagraph (2)(a)1., or the number of children for whom
431 child care costs will be paid, in the case of credit claimed
432 under subparagraph (2)(a)2.
433 (5) ADMINISTRATION.—
434 (a) The Department of Revenue may adopt all rules pursuant
435 to the Administrative Procedure Act to administer this section,
436 including rules for the approval or disapproval of proposals
437 submitted by insurers and rules to provide for cooperative
438 arrangements between for-profit and not-for-profit entities.
439 (b) The executive director's decision to approve or
440 disapprove a proposal must be in writing, and, if the proposal
441 is approved, the decision must state the maximum credit
442 allowable to the insurer.
443 (c) All approvals for the granting of the tax credit
444 require prior verification by the Department of Children and
445 Family Services or local licensing agency that the insurer meets
446 the licensure requirements as defined in s. 402.302 and is
447 currently licensed in accordance with s. 402.305, or is a
448 facility providing daily care to children who are mildly ill.
449 (d) Verification of the child care provider as an approved
450 facility must be in writing and must be attached to the credit
451 application form submitted to the Department of Revenue.
452 (6) EXPIRATION.—This section expires on June 30, 2008,
453 except that paragraph (2)(e), which relates to carryover
454 credits, and paragraph (2)(f), which relates to repaying tax
455 credits in specified circumstances, do not expire on that date.
456 Reviser's note.—Amended to conform to the expiration
457 of all of the section except paragraphs (2)(e) and (f)
458 by the terms of subsection (6), effective June 30,
459 2008.
460 Section 20. Section 626.97411, Florida Statutes, is
461 repealed.
462 Reviser's note.—The cited section, which relates to a
463 public records exemption for credit scoring
464 methodologies and related information filed with the
465 Office of Insurance Regulation, is repealed to confirm
466 the October 2, 2008, repeal of an exemption in
467 accordance with s. 119.15, the Open Government Sunset
468 Review Act.
469 Section 21. Sections 921.0001, 921.001, 921.0011, 921.0012,
470 921.0013, 921.0014, 921.0015, 921.0016, and 921.005, Florida
471 Statutes, are repealed.
472 Reviser's note.—The cited sections, relating to
473 sentencing guidelines, were repealed by s. 1, ch. 97
474 194, Laws of Florida, effective October 1, 1998. Since
475 the sections were not repealed by a “current session”
476 of the Legislature, they may be omitted from the 2009
477 Florida Statutes only through a reviser's bill duly
478 enacted by the Legislature. See s. 11.242(5)(b) and
479 (i). Section 43, ch. 97-194, directed the Division of
480 Statutory Revision to “leave the repealed statutory
481 provisions referenced herein in the Florida Statutes
482 for 10 years from October 1, 1998.” Ten years have now
483 passed.
484 Section 22. Sections 985.803, 985.804, 985.805, 985.806,
485 and 985.807, Florida Statutes, are repealed.
486 Reviser's note.—The cited sections, which relate to
487 specific duties associated with the Interstate Compact
488 on Juveniles, were repealed “effective July 1, 2005,
489 or upon enactment of the compact into law by the 35th
490 compacting state, whichever date occurs later,”
491 pursuant to s. 5, ch. 2005-80, Laws of Florida. The
492 replacement compact pursuant to ch. 2005-80, was
493 enacted by the 35th state, Illinois, on August 26,
494 2008.
495 Section 23. Subsection (10) of section 1006.20, Florida
496 Statutes, is repealed.
497 Reviser's note.—The cited subsection, which relates to
498 a random drug testing program for certain athletic
499 programs in public schools, is repealed to confirm the
500 October 2, 2008, repeal of an exemption in accordance
501 with s. 119.15, the Open Government Sunset Review Act.
502 Section 24. Section 1010.78, Florida Statutes, is repealed.
503 Reviser's note.—The cited section, which relates to
504 the Projects, Contracts, and Grants Trust Fund, was
505 repealed by s. 5, ch. 2007-19, Laws of Florida,
506 effective July 1, 2008. Since the section was not
507 repealed by a “current session” of the Legislature, it
508 may be omitted from the 2009 Florida Statutes only
509 through a reviser's bill duly enacted by the
510 Legislature. See s. 11.242(5)(b) and (i).
511 Section 25. Subsection (2) of section 775.0845, Florida
512 Statutes, is amended to read:
513 775.0845 Wearing mask while committing offense;
514 reclassification.—The felony or misdemeanor degree of any
515 criminal offense, other than a violation of ss. 876.12-876.15,
516 shall be reclassified to the next higher degree as provided in
517 this section if, while committing the offense, the offender was
518 wearing a hood, mask, or other device that concealed his or her
519 identity.
520 (2)(a) In the case of a felony of the third degree, the
521 offense is reclassified to a felony of the second degree.
522 (b) In the case of a felony of the second degree, the
523 offense is reclassified to a felony of the first degree.
524 For purposes of sentencing under chapter 921 and determining
525 incentive gain-time eligibility under chapter 944, a felony
526 offense that is reclassified under this subsection is ranked one
527 level above the ranking under former s. 921.0012, former s.
528 921.0013, s. 921.0022, or s. 921.0023 of the offense committed.
529 Reviser's note.—Amended to conform to the repeal of
530 ss. 921.0012 and 921.0013 by s. 1, ch. 97-194, Laws of
531 Florida.
532 Section 26. This act shall take effect on the 60th day
533 after adjournment sine die of the session of the Legislature in
534 which enacted.