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   27  110.1245, Florida Statutes, is repealed.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   30         the 2007-2008 fiscal year only, was repealed by its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   33  Statutes, is repealed.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   39  Statutes, is repealed.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