| 1 | A bill to be entitled |
| 2 | An act relating to the corporate income tax; repealing |
| 3 | chapter 220, F.S., relating to the corporate income tax; |
| 4 | repealing s. 1002.395, F.S., relating to the Florida Tax |
| 5 | Credit Scholarship Program; repealing s. 211.0251, F.S., |
| 6 | relating to an oil and gas production tax credit for |
| 7 | contributions to nonprofit scholarship-funding |
| 8 | organizations under the Florida Tax Credit Scholarship |
| 9 | Program; repealing s. 212.1831, F.S., relating to a sales |
| 10 | and use tax credit for contributions to nonprofit |
| 11 | scholarship-funding organizations under the Florida Tax |
| 12 | Credit Scholarship Program; repealing s. 561.1211, F.S., |
| 13 | relating to an alcoholic beverage tax credit for |
| 14 | contributions to nonprofit scholarship-funding |
| 15 | organizations under the Florida Tax Credit Scholarship |
| 16 | Program; repealing s. 624.51055, F.S., relating to an |
| 17 | insurance premium tax credit for contributions to |
| 18 | nonprofit scholarship-funding organizations under the |
| 19 | Florida Tax Credit Scholarship Program; repealing s. 7 of |
| 20 | ch. 2010-24, Laws of Florida, relating to legislative |
| 21 | intent and application to certain tax credits; amending |
| 22 | ss. 213.053, 202.37, 1001.10, 1002.20, 1002.23, 1002.39, |
| 23 | 1002.421, 1006.061, 1012.315, and 1012.796, F.S.; |
| 24 | correcting cross-references to conform; providing for |
| 25 | conforming legislation; providing for assistance to |
| 26 | certain legislative substantive committees by the Division |
| 27 | of Statutory Revision of the Office of Legislative |
| 28 | Services for certain purposes; providing an effective |
| 29 | date. |
| 30 |
|
| 31 | WHEREAS, the national unemployment rate was 9.7 percent in |
| 32 | May of 2010, and |
| 33 | WHEREAS, the unemployment rate in Florida was 11.7 percent |
| 34 | during the same period, and |
| 35 | WHEREAS, the unemployment rate in Florida has consistently |
| 36 | been higher than the national average in recent years, due in |
| 37 | part to Florida's reliance on construction and tourism to fuel |
| 38 | its economy, and |
| 39 | WHEREAS, the Deepwater Horizon oil spill has had, and will |
| 40 | continue to have, a significant negative impact on Florida's |
| 41 | economy, especially the tourism industry, and |
| 42 | WHEREAS, a study by an economist at the University of |
| 43 | Central Florida Center for Economic Competitiveness estimated |
| 44 | that the oil spill will result in a loss of up to 195,000 jobs, |
| 45 | and |
| 46 | WHEREAS, the corporate income tax was designed to tax |
| 47 | owners of capital, and |
| 48 | WHEREAS, numerous economic studies have shown that the cost |
| 49 | of the corporate income tax is primarily borne by workers |
| 50 | through lower wages and fewer jobs, and |
| 51 | WHEREAS, a study by the nonpartisan Tax Foundation found |
| 52 | that every $1 of state corporate income tax collected led to a |
| 53 | decrease in wages paid of approximately $2.50, and |
| 54 | WHEREAS, elimination of the corporate income tax will lead |
| 55 | to the creation of thousands of jobs at a time when they are |
| 56 | needed the most, NOW, THEREFORE, |
| 57 |
|
| 58 | Be It Enacted by the Legislature of the State of Florida: |
| 59 |
|
| 60 | Section 1. (1) Sections 220.11, 220.12, 220.131, 220.14, |
| 61 | 220.15, 220.1501, 220.151, 220.152, 220.16, 220.181, 220.182, |
| 62 | 220.184, 220.185, 220.1895, 220.19, 220.193, 220.21, 220.211, |
| 63 | 220.22, 220.221, 220.222, 220.23, 220.24, 220.241, 220.242, |
| 64 | 220.31, 220.32, 220.33, 220.34, 220.41, 220.42, 220.43, 220.44, |
| 65 | 220.51, 220.52, 220.54, 220.62, 220.63, 220.64, 220.65, 220.701, |
| 66 | 220.703, 220.705, 220.707, 220.709, 220.711, 220.713, 220.715, |
| 67 | 220.717, 220.719, 220.721, 220.723, 220.725, 220.727, 220.731, |
| 68 | 220.733, 220.735, 220.737, 220.739, 220.801, 220.803, 220.805, |
| 69 | 220.807, 220.809, 220.813, 220.815, 220.819, 220.821, 220.823, |
| 70 | 220.825, 220.827, 220.829, 220.901, 220.903, and 220.905, |
| 71 | Florida Statutes, are repealed. |
| 72 | (2) Sections 220.02 and 220.13, Florida Statutes, as |
| 73 | amended by chapters 2010-24 and 2010-147, Laws of Florida; |
| 74 | section 220.03, Florida Statutes, as amended by chapter 2010- |
| 75 | 142, Laws of Florida; section 220.183, Florida Statutes, as |
| 76 | amended by chapter 2010-4, Laws of Florida; section 220.1845, |
| 77 | Florida Statutes, as amended by chapter 2010-205, Laws of |
| 78 | Florida; section 220.186, Florida Statutes, as amended by |
| 79 | chapter 2010-24, Laws of Florida; section 220.187, Florida |
| 80 | Statutes, as transferred, renumbered as section 1002.395, |
| 81 | Florida Statutes, and amended by chapters 2010-24 and 2010-209, |
| 82 | Laws of Florida; section 220.1875, Florida Statutes, as created |
| 83 | by chapter 2010-24, Laws of Florida; sections 220.1896 and |
| 84 | 220.1899, Florida Statutes, as created by chapter 2010-147, Laws |
| 85 | of Florida; section 220.191, Florida Statutes, as amended by |
| 86 | chapter 2010-136, Laws of Florida; and section 220.192, Florida |
| 87 | Statutes, as amended by chapter 2010-138, Laws of Florida, are |
| 88 | repealed. |
| 89 | (3) Sections 211.0251, 212.1831, and 561.1211, Florida |
| 90 | Statutes, as created by chapter 2010-24, Laws of Florida; |
| 91 | section 624.51055, Florida Statutes, as amended by chapter 2010- |
| 92 | 24, Laws of Florida; and section 7 of chapter 2010-24, Laws of |
| 93 | Florida, are repealed. |
| 94 | Section 2. Paragraphs (u) through (bb) of subsection (8) |
| 95 | of section 213.053, Florida Statutes, as amended by chapters |
| 96 | 2010-24, 2010-138, and 2010-147, Laws of Florida, are amended to |
| 97 | read: |
| 98 | 213.053 Confidentiality and information sharing.- |
| 99 | (8) Notwithstanding any other provision of this section, |
| 100 | the department may provide: |
| 101 | (u) Information relative to ss. 211.0251, 212.1831, |
| 102 | 220.1875, 561.1211, 624.51055, and 1002.395 to the Department of |
| 103 | Education and the Division of Alcoholic Beverages and Tobacco in |
| 104 | the conduct of official business. |
| 105 | (u)(v) Information relative to chapter 202 to each local |
| 106 | government that imposes a tax pursuant to s. 202.19 in the |
| 107 | conduct of its official duties as specified in chapter 202. |
| 108 | Information provided under this paragraph may include, but is |
| 109 | not limited to, any reports required pursuant to s. 202.231, |
| 110 | audit files, notices of intent to audit, tax returns, and other |
| 111 | confidential tax information in the department's possession |
| 112 | relating to chapter 202. A person or an entity designated by the |
| 113 | local government in writing to the department as requiring |
| 114 | access to confidential taxpayer information shall have |
| 115 | reasonable access to information provided pursuant to this |
| 116 | paragraph. Such person or entity may disclose such information |
| 117 | to other persons or entities with direct responsibility for |
| 118 | budget preparation, auditing, revenue or financial |
| 119 | administration, or legal counsel. Such information shall only be |
| 120 | used for purposes related to budget preparation, auditing, and |
| 121 | revenue and financial administration. Any confidential and |
| 122 | exempt information furnished to a local government, or to any |
| 123 | person or entity designated by the local government as |
| 124 | authorized by this paragraph may not be further disclosed by the |
| 125 | recipient except as provided by this paragraph. |
| 126 | (v)(w) Tax registration information to the Agency for |
| 127 | Workforce Innovation for use in the conduct of its official |
| 128 | duties, which information may not be redisclosed by the Agency |
| 129 | for Workforce Innovation. |
| 130 | (w)(x) Rental car surcharge revenues authorized by s. |
| 131 | 212.0606, reported according to the county to which the |
| 132 | surcharge was attributed to the Department of Transportation. |
| 133 | (x)(y) Information relative to ss. 212.08(7)(ccc) and |
| 134 | 220.192 to the Florida Energy and Climate Commission for use in |
| 135 | the conduct of its official business. |
| 136 | (y)(z) Taxpayer names and identification numbers for the |
| 137 | purposes of information-sharing agreements with financial |
| 138 | institutions pursuant to s. 213.0532. |
| 139 | (z)(aa) Information relative to chapter 212 to the |
| 140 | Department of Environmental Protection in the conduct of its |
| 141 | official duties in the administration of s. 253.03(7)(b) and |
| 142 | (11). |
| 143 | (aa)(bb) Information relative to tax credits taken under |
| 144 | s. 288.1254 to the Office of Film and Entertainment and the |
| 145 | Office of Tourism, Trade, and Economic Development. |
| 146 |
|
| 147 | Disclosure of information under this subsection shall be |
| 148 | pursuant to a written agreement between the executive director |
| 149 | and the agency. Such agencies, governmental or nongovernmental, |
| 150 | shall be bound by the same requirements of confidentiality as |
| 151 | the Department of Revenue. Breach of confidentiality is a |
| 152 | misdemeanor of the first degree, punishable as provided by s. |
| 153 | 775.082 or s. 775.083. |
| 154 | Section 3. Paragraph (a) of subsection (1) of section |
| 155 | 202.37, Florida Statutes, is amended to read: |
| 156 | 202.37 Special rules for administration of local |
| 157 | communications services tax.- |
| 158 | (1)(a) Except as otherwise provided in this section, all |
| 159 | statutory provisions and administrative rules applicable to the |
| 160 | communications services tax imposed by s. 202.12 apply to any |
| 161 | local communications services tax imposed under s. 202.19, and |
| 162 | the department shall administer, collect, and enforce all taxes |
| 163 | imposed under s. 202.19, including interest and penalties |
| 164 | attributable thereto, in accordance with the same procedures |
| 165 | used in the administration, collection, and enforcement of the |
| 166 | communications services tax imposed by s. 202.12. Audits |
| 167 | performed by the department shall include a determination of the |
| 168 | dealer's compliance with the jurisdictional situsing of its |
| 169 | customers' service addresses and a determination of whether the |
| 170 | rate collected for the local tax pursuant to ss. 202.19 and |
| 171 | 202.20 is correct. The person or entity designated by a local |
| 172 | government pursuant to s. 213.053(8)(u)(v) may provide evidence |
| 173 | to the department demonstrating a specific person's failure to |
| 174 | fully or correctly report taxable communications services sales |
| 175 | within the jurisdiction. The department may request additional |
| 176 | information from the designee to assist in any review. The |
| 177 | department shall inform the designee of what action, if any, the |
| 178 | department intends to take regarding the person. |
| 179 | Section 4. Subsections (4) and (5) of section 1001.10, |
| 180 | Florida Statutes, as amended by chapter 2010-24, Laws of |
| 181 | Florida, are amended to read: |
| 182 | 1001.10 Commissioner of Education; general powers and |
| 183 | duties.- |
| 184 | (4) The Department of Education shall provide technical |
| 185 | assistance to school districts, charter schools, the Florida |
| 186 | School for the Deaf and the Blind, and private schools that |
| 187 | accept scholarship students under s. 1002.39 or s. 1002.395 in |
| 188 | the development of policies, procedures, and training related to |
| 189 | employment practices and standards of ethical conduct for |
| 190 | instructional personnel and school administrators, as defined in |
| 191 | s. 1012.01. |
| 192 | (5) The Department of Education shall provide authorized |
| 193 | staff of school districts, charter schools, the Florida School |
| 194 | for the Deaf and the Blind, and private schools that accept |
| 195 | scholarship students under s. 1002.39 or s. 1002.395 with access |
| 196 | to electronic verification of information from the following |
| 197 | employment screening tools: |
| 198 | (a) The Professional Practices' Database of Disciplinary |
| 199 | Actions Against Educators; and |
| 200 | (b) The Department of Education's Teacher Certification |
| 201 | Database. |
| 202 |
|
| 203 | This subsection does not require the department to provide these |
| 204 | staff with unlimited access to the databases. However, the |
| 205 | department shall provide the staff with access to the data |
| 206 | necessary for performing employment history checks of the |
| 207 | instructional personnel and school administrators included in |
| 208 | the databases. |
| 209 | Section 5. Paragraph (b) of subsection (6) of section |
| 210 | 1002.20, Florida Statutes, as amended by chapter 2010-24, Laws |
| 211 | of Florida, is amended to read: |
| 212 | 1002.20 K-12 student and parent rights.-Parents of public |
| 213 | school students must receive accurate and timely information |
| 214 | regarding their child's academic progress and must be informed |
| 215 | of ways they can help their child to succeed in school. K-12 |
| 216 | students and their parents are afforded numerous statutory |
| 217 | rights including, but not limited to, the following: |
| 218 | (6) EDUCATIONAL CHOICE.- |
| 219 | (b) Private school choices.-Parents of public school |
| 220 | students may seek private school choice options under certain |
| 221 | programs. |
| 222 | 1. Under the Opportunity Scholarship Program, the parent |
| 223 | of a student in a failing public school may request and receive |
| 224 | an opportunity scholarship for the student to attend a private |
| 225 | school in accordance with the provisions of s. 1002.38. |
| 226 | 2. Under the McKay Scholarships for Students with |
| 227 | Disabilities Program, the parent of a public school student with |
| 228 | a disability who is dissatisfied with the student's progress may |
| 229 | request and receive a McKay Scholarship for the student to |
| 230 | attend a private school in accordance with the provisions of s. |
| 231 | 1002.39. |
| 232 | 3. Under the Florida Tax Credit Scholarship Program, the |
| 233 | parent of a student who qualifies for free or reduced-price |
| 234 | school lunch may seek a scholarship from an eligible nonprofit |
| 235 | scholarship-funding organization in accordance with the |
| 236 | provisions of s. 2001.395. |
| 237 | Section 6. Paragraph (e) of subsection (2) of section |
| 238 | 1002.23, Florida Statutes, as amended by chapter 2010-24, Laws |
| 239 | of Florida, is amended to read: |
| 240 | 1002.23 Family and School Partnership for Student |
| 241 | Achievement Act.- |
| 242 | (2) To facilitate meaningful parent and family |
| 243 | involvement, the Department of Education shall develop |
| 244 | guidelines for a parent guide to successful student achievement |
| 245 | which describes what parents need to know about their child's |
| 246 | educational progress and how they can help their child to |
| 247 | succeed in school. The guidelines shall include, but need not be |
| 248 | limited to: |
| 249 | (e) Educational choices, as provided for in s. 1002.20(6), |
| 250 | and Florida tax credit scholarships, as provided for in s. |
| 251 | 1002.395; |
| 252 | Section 7. Subsection (3) of section 1002.39, Florida |
| 253 | Statutes, as amended by chapter 2010-24, Laws of Florida, is |
| 254 | amended to read: |
| 255 | 1002.39 The John M. McKay Scholarships for Students with |
| 256 | Disabilities Program.-There is established a program that is |
| 257 | separate and distinct from the Opportunity Scholarship Program |
| 258 | and is named the John M. McKay Scholarships for Students with |
| 259 | Disabilities Program. |
| 260 | (3) JOHN M. MCKAY SCHOLARSHIP PROHIBITIONS.-A student is |
| 261 | not eligible for a John M. McKay Scholarship while he or she is: |
| 262 | (a) Enrolled in a school operating for the purpose of |
| 263 | providing educational services to youth in Department of |
| 264 | Juvenile Justice commitment programs; |
| 265 | (b) Receiving a Florida tax credit scholarship under s. |
| 266 | 1002.395; |
| 267 | (b)(c) Receiving an educational scholarship pursuant to |
| 268 | this chapter; |
| 269 | (c)(d) Participating in a home education program as |
| 270 | defined in s. 1002.01(1); |
| 271 | (d)(e) Participating in a private tutoring program |
| 272 | pursuant to s. 1002.43; |
| 273 | (e)(f) Participating in a virtual school, correspondence |
| 274 | school, or distance learning program that receives state funding |
| 275 | pursuant to the student's participation unless the participation |
| 276 | is limited to no more than two courses per school year; |
| 277 | (f)(g) Enrolled in the Florida School for the Deaf and the |
| 278 | Blind; or |
| 279 | (g)(h) Not having regular and direct contact with his or |
| 280 | her private school teachers at the school's physical location. |
| 281 | Section 8. Subsections (1) and (4) of section 1002.421, |
| 282 | Florida Statutes, as amended by chapter 2010-24, Laws of |
| 283 | Florida, are amended to read: |
| 284 | 1002.421 Accountability of private schools participating |
| 285 | in state school choice scholarship programs.- |
| 286 | (1) A Florida private school participating in the Florida |
| 287 | Tax Credit Scholarship Program established pursuant to s. |
| 288 | 1002.395 or an educational scholarship program established |
| 289 | pursuant to this chapter must comply with all requirements of |
| 290 | this section in addition to private school requirements outlined |
| 291 | in s. 1002.42, specific requirements identified within |
| 292 | respective scholarship program laws, and other provisions of |
| 293 | Florida law that apply to private schools. |
| 294 | (4) A private school that accepts scholarship students |
| 295 | under s. 1002.39 or s. 1002.385 must: |
| 296 | (a) Disqualify instructional personnel and school |
| 297 | administrators, as defined in s. 1012.01, from employment in any |
| 298 | position that requires direct contact with students if the |
| 299 | personnel or administrators are ineligible for such employment |
| 300 | under s. 1012.315. |
| 301 | (b) Adopt policies establishing standards of ethical |
| 302 | conduct for instructional personnel and school administrators. |
| 303 | The policies must require all instructional personnel and school |
| 304 | administrators, as defined in s. 1012.01, to complete training |
| 305 | on the standards; establish the duty of instructional personnel |
| 306 | and school administrators to report, and procedures for |
| 307 | reporting, alleged misconduct by other instructional personnel |
| 308 | and school administrators which affects the health, safety, or |
| 309 | welfare of a student; and include an explanation of the |
| 310 | liability protections provided under ss. 39.203 and 768.095. A |
| 311 | private school, or any of its employees, may not enter into a |
| 312 | confidentiality agreement regarding terminated or dismissed |
| 313 | instructional personnel or school administrators, or personnel |
| 314 | or administrators who resign in lieu of termination, based in |
| 315 | whole or in part on misconduct that affects the health, safety, |
| 316 | or welfare of a student, and may not provide the instructional |
| 317 | personnel or school administrators with employment references or |
| 318 | discuss the personnel's or administrators' performance with |
| 319 | prospective employers in another educational setting, without |
| 320 | disclosing the personnel's or administrators' misconduct. Any |
| 321 | part of an agreement or contract that has the purpose or effect |
| 322 | of concealing misconduct by instructional personnel or school |
| 323 | administrators which affects the health, safety, or welfare of a |
| 324 | student is void, is contrary to public policy, and may not be |
| 325 | enforced. |
| 326 | (c) Before employing instructional personnel or school |
| 327 | administrators in any position that requires direct contact with |
| 328 | students, conduct employment history checks of each of the |
| 329 | personnel's or administrators' previous employers, screen the |
| 330 | personnel or administrators through use of the educator |
| 331 | screening tools described in s. 1001.10(5), and document the |
| 332 | findings. If unable to contact a previous employer, the private |
| 333 | school must document efforts to contact the employer. |
| 334 |
|
| 335 | The department shall suspend the payment of funds under s. ss. |
| 336 | 1002.39 and 1002.395 to a private school that knowingly fails to |
| 337 | comply with this subsection, and shall prohibit the school from |
| 338 | enrolling new scholarship students, for 1 fiscal year and until |
| 339 | the school complies. |
| 340 | Section 9. Section 1006.061, Florida Statutes, as amended |
| 341 | by chapter 2010-24, Laws of Florida, is amended to read: |
| 342 | 1006.061 Child abuse, abandonment, and neglect policy.- |
| 343 | Each district school board, charter school, and private school |
| 344 | that accepts scholarship students under s. 1002.39 or s. |
| 345 | 1002.395 shall: |
| 346 | (1) Post in a prominent place in each school a notice |
| 347 | that, pursuant to chapter 39, all employees and agents of the |
| 348 | district school board, charter school, or private school have an |
| 349 | affirmative duty to report all actual or suspected cases of |
| 350 | child abuse, abandonment, or neglect; have immunity from |
| 351 | liability if they report such cases in good faith; and have a |
| 352 | duty to comply with child protective investigations and all |
| 353 | other provisions of law relating to child abuse, abandonment, |
| 354 | and neglect. The notice shall also include the statewide toll- |
| 355 | free telephone number of the central abuse hotline. |
| 356 | (2) Post in a prominent place at each school site and on |
| 357 | each school's Internet website, if available, the policies and |
| 358 | procedures for reporting alleged misconduct by instructional |
| 359 | personnel or school administrators which affects the health, |
| 360 | safety, or welfare of a student; the contact person to whom the |
| 361 | report is made; and the penalties imposed on instructional |
| 362 | personnel or school administrators who fail to report suspected |
| 363 | or actual child abuse or alleged misconduct by other |
| 364 | instructional personnel or school administrators. |
| 365 | (3) Require the principal of the charter school or private |
| 366 | school, or the district school superintendent, or the |
| 367 | superintendent's designee, at the request of the Department of |
| 368 | Children and Family Services, to act as a liaison to the |
| 369 | Department of Children and Family Services and the child |
| 370 | protection team, as defined in s. 39.01, when in a case of |
| 371 | suspected child abuse, abandonment, or neglect or an unlawful |
| 372 | sexual offense involving a child the case is referred to such a |
| 373 | team; except that this does not relieve or restrict the |
| 374 | Department of Children and Family Services from discharging its |
| 375 | duty and responsibility under the law to investigate and report |
| 376 | every suspected or actual case of child abuse, abandonment, or |
| 377 | neglect or unlawful sexual offense involving a child. |
| 378 |
|
| 379 | The Department of Education shall develop, and publish on the |
| 380 | department's Internet website, sample notices suitable for |
| 381 | posting in accordance with subsections (1) and (2). |
| 382 | Section 10. Section 1012.315, Florida Statutes, as amended |
| 383 | by chapter 2010-24, Laws of Florida, is amended to read: |
| 384 | 1012.315 Disqualification from employment.-A person is |
| 385 | ineligible for educator certification, and instructional |
| 386 | personnel and school administrators, as defined in s. 1012.01, |
| 387 | are ineligible for employment in any position that requires |
| 388 | direct contact with students in a district school system, |
| 389 | charter school, or private school that accepts scholarship |
| 390 | students under s. 1002.39 or s. 1002.395, if the person, |
| 391 | instructional personnel, or school administrator has been |
| 392 | convicted of: |
| 393 | (1) Any felony offense prohibited under any of the |
| 394 | following statutes: |
| 395 | (a) Section 393.135, relating to sexual misconduct with |
| 396 | certain developmentally disabled clients and reporting of such |
| 397 | sexual misconduct. |
| 398 | (b) Section 394.4593, relating to sexual misconduct with |
| 399 | certain mental health patients and reporting of such sexual |
| 400 | misconduct. |
| 401 | (c) Section 415.111, relating to adult abuse, neglect, or |
| 402 | exploitation of aged persons or disabled adults. |
| 403 | (d) Section 782.04, relating to murder. |
| 404 | (e) Section 782.07, relating to manslaughter, aggravated |
| 405 | manslaughter of an elderly person or disabled adult, aggravated |
| 406 | manslaughter of a child, or aggravated manslaughter of an |
| 407 | officer, a firefighter, an emergency medical technician, or a |
| 408 | paramedic. |
| 409 | (f) Section 784.021, relating to aggravated assault. |
| 410 | (g) Section 784.045, relating to aggravated battery. |
| 411 | (h) Section 784.075, relating to battery on a detention or |
| 412 | commitment facility staff member or a juvenile probation |
| 413 | officer. |
| 414 | (i) Section 787.01, relating to kidnapping. |
| 415 | (j) Section 787.02, relating to false imprisonment. |
| 416 | (k) Section 787.025, relating to luring or enticing a |
| 417 | child. |
| 418 | (l) Section 787.04(2), relating to leading, taking, |
| 419 | enticing, or removing a minor beyond the state limits, or |
| 420 | concealing the location of a minor, with criminal intent pending |
| 421 | custody proceedings. |
| 422 | (m) Section 787.04(3), relating to leading, taking, |
| 423 | enticing, or removing a minor beyond the state limits, or |
| 424 | concealing the location of a minor, with criminal intent pending |
| 425 | dependency proceedings or proceedings concerning alleged abuse |
| 426 | or neglect of a minor. |
| 427 | (n) Section 790.115(1), relating to exhibiting firearms or |
| 428 | weapons at a school-sponsored event, on school property, or |
| 429 | within 1,000 feet of a school. |
| 430 | (o) Section 790.115(2)(b), relating to possessing an |
| 431 | electric weapon or device, destructive device, or other weapon |
| 432 | at a school-sponsored event or on school property. |
| 433 | (p) Section 794.011, relating to sexual battery. |
| 434 | (q) Former s. 794.041, relating to sexual activity with or |
| 435 | solicitation of a child by a person in familial or custodial |
| 436 | authority. |
| 437 | (r) Section 794.05, relating to unlawful sexual activity |
| 438 | with certain minors. |
| 439 | (s) Section 794.08, relating to female genital mutilation. |
| 440 | (t) Chapter 796, relating to prostitution. |
| 441 | (u) Chapter 800, relating to lewdness and indecent |
| 442 | exposure. |
| 443 | (v) Section 806.01, relating to arson. |
| 444 | (w) Section 810.14, relating to voyeurism. |
| 445 | (x) Section 810.145, relating to video voyeurism. |
| 446 | (y) Section 812.014(6), relating to coordinating the |
| 447 | commission of theft in excess of $3,000. |
| 448 | (z) Section 812.0145, relating to theft from persons 65 |
| 449 | years of age or older. |
| 450 | (aa) Section 812.019, relating to dealing in stolen |
| 451 | property. |
| 452 | (bb) Section 812.13, relating to robbery. |
| 453 | (cc) Section 812.131, relating to robbery by sudden |
| 454 | snatching. |
| 455 | (dd) Section 812.133, relating to carjacking. |
| 456 | (ee) Section 812.135, relating to home-invasion robbery. |
| 457 | (ff) Section 817.563, relating to fraudulent sale of |
| 458 | controlled substances. |
| 459 | (gg) Section 825.102, relating to abuse, aggravated abuse, |
| 460 | or neglect of an elderly person or disabled adult. |
| 461 | (hh) Section 825.103, relating to exploitation of an |
| 462 | elderly person or disabled adult. |
| 463 | (ii) Section 825.1025, relating to lewd or lascivious |
| 464 | offenses committed upon or in the presence of an elderly person |
| 465 | or disabled person. |
| 466 | (jj) Section 826.04, relating to incest. |
| 467 | (kk) Section 827.03, relating to child abuse, aggravated |
| 468 | child abuse, or neglect of a child. |
| 469 | (ll) Section 827.04, relating to contributing to the |
| 470 | delinquency or dependency of a child. |
| 471 | (mm) Section 827.071, relating to sexual performance by a |
| 472 | child. |
| 473 | (nn) Section 843.01, relating to resisting arrest with |
| 474 | violence. |
| 475 | (oo) Chapter 847, relating to obscenity. |
| 476 | (pp) Section 874.05, relating to causing, encouraging, |
| 477 | soliciting, or recruiting another to join a criminal street |
| 478 | gang. |
| 479 | (qq) Chapter 893, relating to drug abuse prevention and |
| 480 | control, if the offense was a felony of the second degree or |
| 481 | greater severity. |
| 482 | (rr) Section 916.1075, relating to sexual misconduct with |
| 483 | certain forensic clients and reporting of such sexual |
| 484 | misconduct. |
| 485 | (ss) Section 944.47, relating to introduction, removal, or |
| 486 | possession of contraband at a correctional facility. |
| 487 | (tt) Section 985.701, relating to sexual misconduct in |
| 488 | juvenile justice programs. |
| 489 | (uu) Section 985.711, relating to introduction, removal, |
| 490 | or possession of contraband at a juvenile detention facility or |
| 491 | commitment program. |
| 492 | (2) Any misdemeanor offense prohibited under any of the |
| 493 | following statutes: |
| 494 | (a) Section 784.03, relating to battery, if the victim of |
| 495 | the offense was a minor. |
| 496 | (b) Section 787.025, relating to luring or enticing a |
| 497 | child. |
| 498 | (3) Any criminal act committed in another state or under |
| 499 | federal law which, if committed in this state, constitutes an |
| 500 | offense prohibited under any statute listed in subsection (1) or |
| 501 | subsection (2). |
| 502 | (4) Any delinquent act committed in this state or any |
| 503 | delinquent or criminal act committed in another state or under |
| 504 | federal law which, if committed in this state, qualifies an |
| 505 | individual for inclusion on the Registered Juvenile Sex Offender |
| 506 | List under s. 943.0435(1)(a)1.d. |
| 507 | Section 11. Paragraph (e) of subsection (1) of section |
| 508 | 1012.796, Florida Statutes, as amended by chapter 2010-24, Laws |
| 509 | of Florida, is amended to read: |
| 510 | 1012.796 Complaints against teachers and administrators; |
| 511 | procedure; penalties.- |
| 512 | (1) |
| 513 | (e) If allegations arise against an employee who is |
| 514 | certified under s. 1012.56 and employed in an educator- |
| 515 | certificated position in any public school, charter school or |
| 516 | governing board thereof, or private school that accepts |
| 517 | scholarship students under s. 1002.39 or s. 1002.395, the school |
| 518 | shall file in writing with the department a legally sufficient |
| 519 | complaint within 30 days after the date on which the subject |
| 520 | matter of the complaint came to the attention of the school. A |
| 521 | complaint is legally sufficient if it contains ultimate facts |
| 522 | that show a violation has occurred as provided in s. 1012.795 |
| 523 | and defined by rule of the State Board of Education. The school |
| 524 | shall include all known information relating to the complaint |
| 525 | with the filing of the complaint. This paragraph does not limit |
| 526 | or restrict the power and duty of the department to investigate |
| 527 | complaints, regardless of the school's untimely filing, or |
| 528 | failure to file, complaints and followup reports. |
| 529 | Section 12. The Legislature recognizes that there is a |
| 530 | need to conform the Florida Statutes to the organizational |
| 531 | changes in this act and that there may be a need to resolve |
| 532 | apparent conflicts with any other legislation that has been or |
| 533 | may be enacted during the 2010 Regular Session and the 2010C |
| 534 | Special Session. Therefore, in the interim between this act |
| 535 | becoming a law and the 2011 Regular Session of the Legislature |
| 536 | or an earlier special session addressing this issue, the |
| 537 | Division of Statutory Revision shall provide the relevant |
| 538 | substantive committees of the Senate and the House of |
| 539 | Representatives with assistance, upon request, to enable such |
| 540 | committees to prepare draft legislation to conform the Florida |
| 541 | Statutes and any legislation enacted during 2010 to the |
| 542 | provisions of this act. |
| 543 | Section 13. This act shall take effect upon becoming a |
| 544 | law. |