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 |
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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. |