Florida Senate - 2015                                     SB 702
       
       
        
       By Senator Simmons
       
       
       
       
       
       10-00623-15                                            2015702__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         11.45, 11.9336, 20.255, 27.366, 28.22205, 39.307,
    4         39.524, 40.32, 61.13016, 112.31455, 163.32466,
    5         189.074, 200.065, 212.0606, 285.18, 287.0595,
    6         288.9934, 288.9936, 298.01, 316.545, 322.058, 327.391,
    7         337.403, 339.041, 339.135, 339.2818, 348.753,
    8         348.7546, 365.172, 373.223, 376.3072, 377.6015,
    9         379.2495, 380.06, 381.78, 394.494, 394.495, 394.913,
   10         397.333, 397.754, 397.92, 400.022, 403.067, 408.036,
   11         408.061, 409.1678, 409.906, 409.966, 409.986, 409.987,
   12         456.039, 456.074, 479.03, 479.16, 480.041, 480.043,
   13         482.161, 487.2031, 499.84, 499.91, 499.92, 514.0115,
   14         538.03, 570.07, 570.482, 597.020, 605.0712, 605.0805,
   15         624.523, 625.1212, 626.0428, 627.062, 627.745,
   16         627.797, 662.121, 662.122, 662.1225, 662.130, 662.141,
   17         662.146, 662.147, 680.528, 721.13, 775.0862, 775.21,
   18         775.25, 784.078, 787.02, 787.06, 921.1402, 940.031,
   19         943.0435, 944.275, 960.03, 960.065, 961.06, 985.0301,
   20         985.265, 1002.395, 1003.4203, 1003.4282, 1003.493,
   21         1003.4935, 1003.51, 1003.5716, 1005.33, 1007.271,
   22         1008.22, 1008.25, 1008.34, 1008.44, 1011.80, 1011.81,
   23         1011.905, 1013.738, F.S.; reenacting and amending s.
   24         409.1451, F.S.; reenacting ss. 288.001, 430.502,
   25         509.032, 539.001, and 718.116, F.S.; deleting
   26         provisions that have expired, have become obsolete,
   27         have had their effect, have served their purpose, or
   28         have been impliedly repealed or superseded; replacing
   29         incorrect cross-references and citations; correcting
   30         grammatical, typographical, and like errors; removing
   31         inconsistencies, redundancies, and unnecessary
   32         repetition in the statutes; improving the clarity of
   33         the statutes and facilitating their correct
   34         interpretation; and confirming the restoration of
   35         provisions unintentionally omitted from republication
   36         in the acts of the Legislature during the amendatory
   37         process; providing effective dates.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Paragraph (p) of subsection (3) of section
   42  11.45, Florida Statutes, is amended to read:
   43         11.45 Definitions; duties; authorities; reports; rules.—
   44         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
   45  General may, pursuant to his or her own authority, or at the
   46  direction of the Legislative Auditing Committee, conduct audits
   47  or other engagements as determined appropriate by the Auditor
   48  General of:
   49         (p) The Florida Special Disability Trust Fund Financing
   50  Corporation created pursuant to s. 440.49.
   51         Reviser’s note.—Amended to conform to the repeal of s.
   52         440.49(14), which created the Florida Special Disability
   53         Trust Fund Financing Corporation, by s. 30, ch. 2001-89,
   54         Laws of Florida.
   55         Section 2.  Section 11.9336, Florida Statutes, is amended
   56  to read:
   57         11.9336 Oath.—Each delegate and alternate delegate shall,
   58  before exercising any function of the position, execute an oath
   59  in the state and in writing that the delegate or alternate
   60  alternative delegate will:
   61         (1) Support the Constitution of the United States and the
   62  State Constitution.
   63         (2) Faithfully abide by and execute any instructions to
   64  delegates and alternate delegates adopted by the Legislature.
   65         (3) Otherwise faithfully discharge the duties of a delegate
   66  or alternate delegate.
   67         Reviser’s note.—Amended to confirm the editorial substitution of
   68         the word “alternate” for the word “alternative” to conform
   69         to context.
   70         Section 3. Subsection (1) of section 20.255, Florida
   71  Statutes, is amended to read:
   72         20.255 Department of Environmental Protection.—There is
   73  created a Department of Environmental Protection.
   74         (1) The head of the Department of Environmental Protection
   75  shall be a secretary, who shall be appointed by the Governor,
   76  with the concurrence of three or more members of the Cabinet.
   77  The secretary shall be confirmed by the Florida Senate. The
   78  secretary shall serve at the pleasure of the Governor.
   79         Reviser’s note.—Amended to conform to the current text of s. 4,
   80         Art. IV of the Florida Constitution, which provides that
   81         the cabinet is composed of an attorney general, a chief
   82         financial officer, and a commissioner of agriculture.
   83         Section 4. Section 27.366, Florida Statutes, is amended to
   84  read:
   85         27.366 Legislative intent and policy in cases meeting
   86  criteria of s. 775.087(2) and (3).—It is the intent of the
   87  Legislature that convicted criminal offenders who meet the
   88  criteria in s. 775.087(2) and (3) be sentenced to the minimum
   89  mandatory prison terms provided therein herein. It is the intent
   90  of the Legislature to establish zero tolerance of criminals who
   91  use, threaten to use, or avail themselves of firearms in order
   92  to commit crimes and thereby demonstrate their lack of value for
   93  human life. It is also the intent of the Legislature that
   94  prosecutors should appropriately exercise their discretion in
   95  those cases in which the offenders’ possession of the firearm is
   96  incidental to the commission of a crime and not used in
   97  furtherance of the crime, used in order to commit the crime, or
   98  used in preparation to commit the crime. For every case in which
   99  the offender meets the criteria in this act and does not receive
  100  the mandatory minimum prison sentence, the state attorney must
  101  explain the sentencing deviation in writing and place such
  102  explanation in the case file maintained by the state attorney.
  103         Reviser’s note.—Amended to conform to context and improve
  104         clarity.
  105         Section 5. Section 28.22205, Florida Statutes, is amended
  106  to read:
  107         28.22205 Electronic filing process.—Each clerk of court
  108  shall implement an electronic filing process. The purpose of the
  109  electronic filing process is to reduce judicial costs in the
  110  office of the clerk and the judiciary, increase timeliness in
  111  the processing of cases, and provide the judiciary with case
  112  related information to allow for improved judicial case
  113  management. The Legislature requests that, no later than July 1,
  114  2009, the Supreme Court set statewide standards for electronic
  115  filing to be used by the clerks of court to implement electronic
  116  filing. The standards should specify the required information
  117  for the duties of the clerks of court and the judiciary for case
  118  management. The clerks of court shall begin implementation no
  119  later than October 1, 2009. Revenues provided to counties and
  120  the clerk of court under s. 28.24(12)(e) for information
  121  technology may also be used to implement electronic filing
  122  processes.
  123         Reviser’s note.—Amended to delete an obsolete provision.
  124         Section 6. Paragraph (c) of subsection (1) of section
  125  39.307, Florida Statutes, is amended to read:
  126         39.307 Reports of child-on-child sexual abuse.—
  127         (1) Upon receiving a report alleging juvenile sexual abuse
  128  or inappropriate sexual behavior as defined in s. 39.01, the
  129  department shall assist the family, child, and caregiver in
  130  receiving appropriate services to address the allegations of the
  131  report.
  132         (c) The department shall monitor the occurrence of child
  133  sexual abuse and the provision of services to children involved
  134  in child sexual abuse or juvenile sexual abuse, or who have
  135  displayed inappropriate sexual behavior.
  136         Reviser’s note.—Amended to confirm the editorial insertion of
  137         the word “or” to improve clarity.
  138         Section 7. Subsection (1) of section 39.524, Florida
  139  Statutes, is amended to read:
  140         39.524 Safe-harbor placement.—
  141         (1) Except as provided in s. 39.407 or s. 985.801, a
  142  dependent child 6 years of age or older who has been found to be
  143  a victim of sexual exploitation as defined in s. 39.01(69)(g)
  144  39.01(68)(g) must be assessed for placement in a safe house or
  145  safe foster home as provided in s. 409.1678 using the initial
  146  screening and assessment instruments provided in s. 409.1754(1).
  147  If such placement is determined to be appropriate for the child
  148  as a result of this assessment, the child may be placed in a
  149  safe house or safe foster home, if one is available. However,
  150  the child may be placed in another setting, if the other setting
  151  is more appropriate to the child’s needs or if a safe house or
  152  safe foster home is unavailable, as long as the child’s
  153  behaviors are managed so as not to endanger other children
  154  served in that setting.
  155         Reviser’s note.—Amended to confirm the editorial substitution of
  156         a reference to s. 39.01(69)(g) for a reference to s.
  157         39.01(68)(g). Sexual exploitation of a child is defined in
  158         s. 39.01(69)(g). “Secretary” is defined in s. 39.01(68),
  159         which has no paragraphs.
  160         Section 8. Subsection (2) of section 40.32, Florida
  161  Statutes, is amended to read:
  162         40.32 Clerks to disburse money; payments to jurors and
  163  witnesses.—
  164         (2) The payment of jurors and the payment of expenses for
  165  meals and lodging for jurors under the provisions of this
  166  chapter are court-related functions that the clerk of the court
  167  shall fund from filing fees, service charges, court costs, and
  168  fines as part of the maximum annual budget under ss. 28.35 and
  169  28.36.
  170         Reviser’s note.—Amended to conform to the deletion of a
  171         reference to “maximum annual budgets under ss. 28.35 and
  172         28.36.” The references to “maximum annual budget” were
  173         deleted from these sections by ss. 3, 4, ch. 2009-204, Laws
  174         of Florida.
  175         Section 9. Paragraph (c) of subsection (1) of section
  176  61.13016, Florida Statutes, is amended to read:
  177         61.13016 Suspension of driver licenses and motor vehicle
  178  registrations.—
  179         (1) The driver license and motor vehicle registration of a
  180  support obligor who is delinquent in payment or who has failed
  181  to comply with subpoenas or a similar order to appear or show
  182  cause relating to paternity or support proceedings may be
  183  suspended. When an obligor is 15 days delinquent making a
  184  payment in support or failure to comply with a subpoena, order
  185  to appear, order to show cause, or similar order in IV-D cases,
  186  the Title IV-D agency may provide notice to the obligor of the
  187  delinquency or failure to comply with a subpoena, order to
  188  appear, order to show cause, or similar order and the intent to
  189  suspend by regular United States mail that is posted to the
  190  obligor’s last address of record with the Department of Highway
  191  Safety and Motor Vehicles. When an obligor is 15 days delinquent
  192  in making a payment in support in non-IV-D cases, and upon the
  193  request of the obligee, the depository or the clerk of the court
  194  must provide notice to the obligor of the delinquency and the
  195  intent to suspend by regular United States mail that is posted
  196  to the obligor’s last address of record with the Department of
  197  Highway Safety and Motor Vehicles. In either case, the notice
  198  must state:
  199         (c) That notification will be given to the Department of
  200  Highway Safety and Motor Vehicles to suspend the obligor’s
  201  driver license and motor vehicle registration unless, within 20
  202  days after the date that the notice is mailed, the obligor:
  203         1.a. Pays the delinquency in full and any other costs and
  204  fees accrued between the date of the notice and the date the
  205  delinquency is paid;
  206         b. Enters into a written agreement for payment with the
  207  obligee in non-IV-D cases or with the Title IV-D agency in IV-D
  208  cases; or in IV-D cases, complies with a subpoena or order to
  209  appear, order to show cause, or a similar order;
  210         c. Files a petition with the circuit court to contest the
  211  delinquency action;
  212         d. Demonstrates that he or she receives reemployment
  213  assistance or unemployment compensation pursuant to chapter 443;
  214         e. Demonstrates that he or she is disabled and incapable of
  215  self-support or that he or she receives benefits under the
  216  federal Supplemental Security Income program or Social Security
  217  Disability Insurance program programs;
  218         f. Demonstrates that he or she receives temporary cash
  219  assistance pursuant to chapter 414; or
  220         g. Demonstrates that he or she is making payments in
  221  accordance with a confirmed bankruptcy plan under chapter 11,
  222  chapter 12, or chapter 13 of the United States Bankruptcy Code,
  223  11 U.S.C. ss. 101 et seq.; and
  224         2. Pays any applicable delinquency fees.
  225  
  226  If an obligor in a non-IV-D case enters into a written agreement
  227  for payment before the expiration of the 20-day period, the
  228  obligor must provide a copy of the signed written agreement to
  229  the depository or the clerk of the court. If an obligor seeks to
  230  satisfy sub-subparagraph 1.d., sub-subparagraph 1.e., sub
  231  subparagraph 1.f., or sub-subparagraph 1.g. before expiration of
  232  the 20-day period, the obligor must provide the applicable
  233  documentation or proof to the depository or the clerk of the
  234  court.
  235         Reviser’s note.—Amended to improve clarity and to facilitate
  236         correct interpretation.
  237         Section 10. Subsections (1) and (2) of section 112.31455,
  238  Florida Statutes, are amended to read:
  239         112.31455 Collection methods for unpaid automatic fines for
  240  failure to timely file disclosure of financial interests.—
  241         (1) Before referring any unpaid fine accrued pursuant to s.
  242  112.3144(5) or s. 112.3145(7) 112.3145(6) to the Department of
  243  Financial Services, the commission shall attempt to determine
  244  whether the individual owing such a fine is a current public
  245  officer or current public employee. If so, the commission may
  246  notify the Chief Financial Officer or the governing body of the
  247  appropriate county, municipality, or special district of the
  248  total amount of any fine owed to the commission by such
  249  individual.
  250         (a) After receipt and verification of the notice from the
  251  commission, the Chief Financial Officer or the governing body of
  252  the county, municipality, or special district shall begin
  253  withholding the lesser of 10 percent or the maximum amount
  254  allowed under federal law from any salary-related payment. The
  255  withheld payments shall be remitted to the commission until the
  256  fine is satisfied.
  257         (b) The Chief Financial Officer or the governing body of
  258  the county, municipality, or special district may retain an
  259  amount of each withheld payment, as provided in s. 77.0305, to
  260  cover the administrative costs incurred under this section.
  261         (2) If the commission determines that the individual who is
  262  the subject of an unpaid fine accrued pursuant to s. 112.3144(5)
  263  or s. 112.3145(7) 112.3145(6) is no longer a public officer or
  264  public employee or if the commission is unable to determine
  265  whether the individual is a current public officer or public
  266  employee, the commission may, 6 months after the order becomes
  267  final, seek garnishment of any wages to satisfy the amount of
  268  the fine, or any unpaid portion thereof, pursuant to chapter 77.
  269  Upon recording the order imposing the fine with the clerk of the
  270  circuit court, the order shall be deemed a judgment for purposes
  271  of garnishment pursuant to chapter 77.
  272         Reviser’s note.—Amended to conform to the redesignation of s.
  273         112.3145(6) as s. 112.3145(7) by s. 4, ch. 2014-183, Laws
  274         of Florida.
  275         Section 11.  Section 163.32466, Florida Statutes, is
  276  amended to read:
  277         163.32466 Readoption by ordinance of plan amendments
  278  adopted pursuant to former s. 163.32465, subject to local
  279  referendum.—A comprehensive plan amendment adopted pursuant to
  280  former s. 163.32465 subject to voter referendum by local
  281  charter, and found in compliance before June 2, 2011, may be
  282  readopted by ordinance, shall become effective upon approval by
  283  the local government, and is not subject to review or challenge
  284  pursuant to the provisions of former s. 163.32465 or s.
  285  163.3184.
  286         Reviser’s note.—Amended to conform to the repeal of s. 163.32465
  287         by s. 30, ch. 2011-139, Laws of Florida.
  288         Section 12. Subsection (13) of section 189.074, Florida
  289  Statutes, is amended to read:
  290         189.074 Voluntary merger of independent special districts.
  291  Two or more contiguous independent special districts created by
  292  special act which have similar functions and elected governing
  293  bodies may elect to merge into a single independent district
  294  through the act of merging the component independent special
  295  districts.
  296         (13) DETERMINATION OF RIGHTS.—If any right, title,
  297  interest, or claim arises out of a merger or by reason thereof
  298  which is not determinable by reference to this section
  299  subsection, the joint merger plan or elector-initiated merger
  300  plan, as appropriate, or otherwise under the laws of this state,
  301  the governing body of the merged independent district may
  302  provide therefor in a manner conforming to law.
  303         Reviser’s note.—Amended to substitute the word “section” for the
  304         word “subsection”; the “subsection” reference predated the
  305         transfer of s. 189.4042(5) to s. 189.074 by s. 21, ch.
  306         2014-22, Laws of Florida.
  307         Section 13. Paragraph (b) of subsection (5) and paragraphs
  308  (d) and (e) of subsection (13) of section 200.065, Florida
  309  Statutes, are amended to read:
  310         200.065 Method of fixing millage.—
  311         (5) In each fiscal year:
  312         (b) The millage rate of a county or municipality, municipal
  313  service taxing unit of that county, and any special district
  314  dependent to that county or municipality may exceed the maximum
  315  millage rate calculated pursuant to this subsection if the total
  316  county ad valorem taxes levied or total municipal ad valorem
  317  taxes levied do not exceed the maximum total county ad valorem
  318  taxes levied or maximum total municipal ad valorem taxes levied
  319  respectively. Voted millage and taxes levied by a municipality
  320  or independent special district that has levied ad valorem taxes
  321  for less than 5 years are not subject to this limitation. The
  322  millage rate of a county authorized to levy a county public
  323  hospital surtax under s. 212.055 may exceed the maximum millage
  324  rate calculated pursuant to this subsection to the extent
  325  necessary to account for the revenues required to be contributed
  326  to the county public hospital. Total taxes levied may exceed the
  327  maximum calculated pursuant to subsection (6) as a result of an
  328  increase in taxable value above that certified in subsection (1)
  329  if such increase is less than the percentage amounts contained
  330  in subsection (6) or if the administrative adjustment cannot be
  331  made because the value adjustment board is still in session at
  332  the time the tax roll is extended; otherwise, millage rates
  333  subject to this subsection or , s. 200.185, or s. 200.186 may be
  334  reduced so that total taxes levied do not exceed the maximum.
  335  
  336  Any unit of government operating under a home rule charter
  337  adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State
  338  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
  339  State Constitution of 1968, which is granted the authority in
  340  the State Constitution to exercise all the powers conferred now
  341  or hereafter by general law upon municipalities and which
  342  exercises such powers in the unincorporated area shall be
  343  recognized as a municipality under this subsection. For a
  344  downtown development authority established before the effective
  345  date of the 1968 State Constitution which has a millage that
  346  must be approved by a municipality, the governing body of that
  347  municipality shall be considered the governing body of the
  348  downtown development authority for purposes of this subsection.
  349         (13)
  350         (d) If any county or municipality, dependent special
  351  district of such county or municipality, or municipal service
  352  taxing unit of such county is in violation of subsection (5) or
  353  , s. 200.185, or s. 200.186 because total county or municipal ad
  354  valorem taxes exceeded the maximum total county or municipal ad
  355  valorem taxes, respectively, that county or municipality shall
  356  forfeit the distribution of local government half-cent sales tax
  357  revenues during the 12 months following a determination of
  358  noncompliance by the Department of Revenue as described in s.
  359  218.63(3) and this subsection. If the executive director of the
  360  Department of Revenue determines that any county or
  361  municipality, dependent special district of such county or
  362  municipality, or municipal service taxing unit of such county is
  363  in violation of subsection (5) or , s. 200.185, or s. 200.186,
  364  the Department of Revenue and the county or municipality,
  365  dependent special district of such county or municipality, or
  366  municipal service taxing unit of such county shall follow the
  367  procedures set forth in this paragraph or paragraph (e). During
  368  the pendency of any procedure under paragraph (e) or any
  369  administrative or judicial action to challenge any action taken
  370  under this subsection, the tax collector shall hold in escrow
  371  any revenues collected by the noncomplying county or
  372  municipality, dependent special district of such county or
  373  municipality, or municipal service taxing unit of such county in
  374  excess of the amount allowed by subsection (5) or , s. 200.185,
  375  or s. 200.186, as determined by the executive director. Such
  376  revenues shall be held in escrow until the process required by
  377  paragraph (e) is completed and approved by the department. The
  378  department shall direct the tax collector to so hold such funds.
  379  If the county or municipality, dependent special district of
  380  such county or municipality, or municipal service taxing unit of
  381  such county remedies the noncompliance, any moneys collected in
  382  excess of the new levy or in excess of the amount allowed by
  383  subsection (5) or , s. 200.185, or s. 200.186 shall be held in
  384  reserve until the subsequent fiscal year and shall then be used
  385  to reduce ad valorem taxes otherwise necessary. If the county or
  386  municipality, dependent special district of such county or
  387  municipality, or municipal service taxing unit of such county
  388  does not remedy the noncompliance, the provisions of s. 218.63
  389  shall apply.
  390         (e) The following procedures shall be followed when the
  391  executive director notifies any county or municipality,
  392  dependent special district of such county or municipality, or
  393  municipal service taxing unit of such county that he or she has
  394  determined that such taxing authority is in violation of
  395  subsection (5) or , s. 200.185, or s. 200.186:
  396         1. Within 30 days after the deadline for certification of
  397  compliance required by s. 200.068, the executive director shall
  398  notify any such county or municipality, dependent special
  399  district of such county or municipality, or municipal service
  400  taxing unit of such county of his or her determination regarding
  401  subsection (5) or , s. 200.185, or s. 200.186 and that such
  402  taxing authority is subject to subparagraph 2.
  403         2. Any taxing authority so noticed by the executive
  404  director shall repeat the hearing and notice process required by
  405  paragraph (2)(d), except that:
  406         a. The advertisement shall appear within 15 days after
  407  notice from the executive director.
  408         b. The advertisement, in addition to meeting the
  409  requirements of subsection (3), must contain the following
  410  statement in boldfaced type immediately after the heading:
  411         THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing
  412  authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE
  413  TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE.
  414         c. The millage newly adopted at such hearing shall not be
  415  forwarded to the tax collector or property appraiser and may not
  416  exceed the rate previously adopted or the amount allowed by
  417  subsection (5) or , s. 200.185, or s. 200.186. Each taxing
  418  authority provided notice pursuant to this paragraph shall
  419  recertify compliance with this chapter as provided in this
  420  section within 15 days after the adoption of a millage at such
  421  hearing.
  422         d. The determination of the executive director shall be
  423  superseded if the executive director determines that the county
  424  or municipality, dependent special district of such county or
  425  municipality, or municipal service taxing unit of such county
  426  has remedied the noncompliance. Such noncompliance shall be
  427  determined to be remedied if any such taxing authority provided
  428  notice by the executive director pursuant to this paragraph
  429  adopts a new millage that does not exceed the maximum millage
  430  allowed for such taxing authority under paragraph (5)(a)or , s.
  431  200.185(1)-(5), or s. 200.186(1), or if any such county or
  432  municipality, dependent special district of such county or
  433  municipality, or municipal service taxing unit of such county
  434  adopts a lower millage sufficient to reduce the total taxes
  435  levied such that total taxes levied do not exceed the maximum as
  436  provided in paragraph (5)(b) or , s. 200.185(8), or s.
  437  200.186(3).
  438         e. If any such county or municipality, dependent special
  439  district of such county or municipality, or municipal service
  440  taxing unit of such county has not remedied the noncompliance or
  441  recertified compliance with this chapter as provided in this
  442  paragraph, and the executive director determines that the
  443  noncompliance has not been remedied or compliance has not been
  444  recertified, the county or municipality shall forfeit the
  445  distribution of local government half-cent sales tax revenues
  446  during the 12 months following a determination of noncompliance
  447  by the Department of Revenue as described in s. 218.63(2) and
  448  (3) and this subsection.
  449         f. The determination of the executive director is not
  450  subject to chapter 120.
  451         Reviser’s note.—Amended to delete references to s. 200.186,
  452         which was created by s. 28, ch. 2007-321, Laws of Florida,
  453         in 2007 Special Session B and appeared with a contingency
  454         note. The contingency did not occur; the joint resolution
  455         for a constitutional amendment passed, but the ballot
  456         language was ruled unconstitutional. The referenced s.
  457         200.186 did not become effective.
  458         Section 14. Subsection (1) of section 212.0606, Florida
  459  Statutes, is amended to read:
  460         212.0606 Rental car surcharge.—
  461         (1) Except as provided in subsection (2), a surcharge of $2
  462  per day or any part of a day is imposed upon the lease or rental
  463  of a motor vehicle licensed for hire and designed to carry fewer
  464  less than nine passengers regardless of whether the motor
  465  vehicle is licensed in this state. The surcharge applies to only
  466  the first 30 days of the term of a lease or rental. The
  467  surcharge is subject to all applicable taxes imposed by this
  468  chapter.
  469         Reviser’s note.—Amended to facilitate correct understanding and
  470         improve clarity.
  471         Section 15. Paragraph (d) of subsection (3) of section
  472  285.18, Florida Statutes, is amended to read:
  473         285.18 Tribal council as governing body; powers and
  474  duties.—
  475         (3) The law enforcement agencies of the Seminole Tribe of
  476  Florida and the Miccosukee Tribe of Indians of Florida shall
  477  have the authority of “criminal justice agencies” as defined in
  478  s. 943.045(11)(e) and shall have the specific authority to
  479  negotiate agreements with the Department of Law Enforcement, the
  480  United States Department of Justice, and other federal law
  481  enforcement agencies for access to criminal history records for
  482  the purpose of conducting ongoing criminal investigations and
  483  for the following governmental purposes:
  484         (d) Background investigations with respect to all
  485  employees, primary management officials, and all persons having
  486  a financial interest in a class II Indian tribal gaming
  487  enterprise to ensure eligibility as provided in the Indian
  488  Gaming Regulatory Act, 25 U.S.C. ss. 2701 et seq al.
  489  
  490  With regard to those investigations authorized in paragraphs
  491  (a), (c), and (d), each such individual shall file a complete
  492  set of his or her fingerprints that have been taken by an
  493  authorized law enforcement officer, which set of fingerprints
  494  shall be submitted to the Department of Law Enforcement for
  495  state processing and to the Federal Bureau of Investigation for
  496  federal processing. The cost of processing shall be borne by the
  497  applicant.
  498         Reviser’s note.—Amended to improve clarity and facilitate
  499         correct understanding.
  500         Section 16. Paragraph (a) of subsection (1) of section
  501  287.0595, Florida Statutes, is amended to read:
  502         287.0595 Pollution response action contracts; department
  503  rules.—
  504         (1) The Department of Environmental Protection shall
  505  establish, by adopting administrative rules as provided in
  506  chapter 120:
  507         (a) Procedures for determining the qualifications of
  508  responsible potential vendors prior to advertisement for and
  509  receipt of bids, proposals, or replies for pollution response
  510  action contracts, including procedures for the rejection of
  511  unqualified vendors. Response actions are those activities
  512  described in s. 376.301(37) 376.301(39).
  513         Reviser’s note.—Amended to conform to the redesignation of s.
  514         376.301(39) as s. 376.301(37) by the editors to conform to
  515         the repeal of s. 376.301(4) and (30) by s. 5, ch. 2014-151,
  516         Laws of Florida.
  517         Section 17. Subsection (2) of section 288.001, Florida
  518  Statutes, is reenacted to read:
  519         288.001 The Florida Small Business Development Center
  520  Network.—
  521         (2) DEFINITIONS.—As used in this section, the term:
  522         (a) “Board of Governors” means the Board of Governors of
  523  the State University System.
  524         (b) “Host institution” means the university designated by
  525  the Board of Governors to be the recipient organization in
  526  accordance with 13 C.F.R. s. 130.200.
  527         (c) “Network” means the Florida Small Business Development
  528  Center Network.
  529         Reviser’s note.—Section 43, ch. 2014-17, Laws of Florida,
  530         purported to amend subsection (2) but did not publish
  531         paragraph (c). Absent affirmative evidence of legislative
  532         intent to repeal it, subsection (2) is reenacted to confirm
  533         that the omission was not intended.
  534         Section 18. Paragraph (a) of subsection (7) of section
  535  288.9934, Florida Statutes, is amended to read:
  536         288.9934 Microfinance Loan Program.—
  537         (7) CONTRACT TERMINATION.—
  538         (a) The loan administrator’s contract with the department
  539  may be terminated by the department, and the loan administrator
  540  required to immediately return all state funds awarded,
  541  including any interest, fees, and costs it would otherwise be
  542  entitled to retain pursuant to subsection (5) for that fiscal
  543  year, upon a finding by the department that:
  544         1. The loan administrator has, within the previous 5 years,
  545  participated in a state-funded economic development program in
  546  this or any other state and was found to have failed to comply
  547  with the requirements of that program;
  548         2. The loan administrator is currently in material
  549  noncompliance with any statute, rule, or program administered by
  550  the department;
  551         3. The loan administrator or any member of its board of
  552  directors, officers, partners, managers, or shareholders has
  553  pled no contest to or been found guilty, regardless of whether
  554  adjudication was withheld, of any felony or any misdemeanor
  555  involving fraud, misrepresentation, or dishonesty;
  556         4. The loan administrator failed to meet or agree to the
  557  terms of the contract with the department or failed to meet this
  558  part; or
  559         5. The department finds that the loan administrator
  560  provided fraudulent or misleading information to the department.
  561         Reviser’s note.—Amended to confirm the editorial insertion of
  562         the word “to” to improve clarity.
  563         Section 19. Subsection (2) of section 288.9936, Florida
  564  Statutes, is amended to read:
  565         288.9936 Annual report of the Microfinance Loan Program.—
  566         (2) The department shall submit the report provided to the
  567  department from Enterprise Florida, Inc., pursuant to s.
  568  288.9935(8) 288.9935(7) for inclusion in the department’s annual
  569  report required under s. 20.60(10).
  570         Reviser’s note.—Amended to correct an apparent error and
  571         facilitate correct interpretation. The referenced report is
  572         in s. 288.9935(8).
  573         Section 20. Section 298.01, Florida Statutes, is amended to
  574  read:
  575         298.01 Formation of water control district.—It is the
  576  legislative intent that those water control districts
  577  established prior to July 1, 1980, pursuant to the process
  578  formerly contained in this section ss. 298.01, and former ss.
  579  298.02, and 298.03, may continue to operate as outlined in this
  580  chapter. However, on and after that date, no water control
  581  district may be created except pursuant to s. 125.01 or a
  582  special act of the Legislature. Upon formation of a water
  583  control district by a special act of the Legislature, the
  584  circuit court of the county in which a majority of the land
  585  within the district is located shall thereafter maintain and
  586  have original and exclusive jurisdiction, coextensive with the
  587  boundaries and limits of the water control district without
  588  regard to county lines, for all purposes of this chapter.
  589         Reviser’s note.—Amended to conform to Florida Statutes cite
  590         style and to the repeal of ss. 298.02 and 298.03 by s. 7,
  591         ch. 80-281, Laws of Florida.
  592         Section 21. Paragraph (d) of subsection (3) of section
  593  316.545, Florida Statutes, is amended to read:
  594         316.545 Weight and load unlawful; special fuel and motor
  595  fuel tax enforcement; inspection; penalty; review.—
  596         (3)
  597         (d) A vehicle operating on the highways of this state from
  598  a nonmember International Registration Plan jurisdiction
  599  nonmember International Registration Plan jurisdictions which is
  600  not in compliance with s. 316.605 is subject to the penalties
  601  provided in this section.
  602         Reviser’s note.—Amended to confirm the editorial substitution of
  603         the words “a nonmember International Registration Plan
  604         jurisdiction” for the words “nonmember International
  605         Registration Plan jurisdictions” to improve clarity.
  606         Section 22. Paragraph (f) of subsection (2) of section
  607  322.058, Florida Statutes, is amended to read:
  608         322.058 Suspension of driving privilege due to support
  609  delinquency; reinstatement.—
  610         (2) The department must reinstate the driving privilege and
  611  allow registration of a motor vehicle when the Title IV-D agency
  612  in IV-D cases or the depository or the clerk of the court in
  613  non-IV-D cases provides to the department an affidavit stating
  614  that:
  615         (f) The person is disabled and incapable of self-support or
  616  receives benefits under the federal Supplemental Security Income
  617  program or Social Security Disability Insurance program
  618  programs;
  619         Reviser’s note.—Amended to improve clarity and to facilitate
  620         correct interpretation.
  621         Section 23. Subsection (1) of section 327.391, Florida
  622  Statutes, is amended to read:
  623         327.391 Airboats regulated.—
  624         (1) The exhaust of every internal combustion engine used on
  625  any airboat operated on the waters of this state shall be
  626  provided with an automotive-style factory muffler, underwater
  627  exhaust, or other manufactured device capable of adequately
  628  muffling the sound of the exhaust of the engine as described in
  629  s. 327.02(27) 327.02(25). The use of cutouts or flex pipe as the
  630  sole source of muffling is prohibited, except as provided in
  631  subsection (4). Any person who violates this subsection commits
  632  a noncriminal infraction punishable as provided in s. 327.73(1).
  633         Reviser’s note.—Amended to correct an apparent error. “Muffler”
  634         is defined in s. 327.02(27); s. 327.02(25) defines “moored
  635         ballooning.”
  636         Section 24. Paragraph (h) of subsection (1) of section
  637  337.403, Florida Statutes, is amended to read:
  638         337.403 Interference caused by utility; expenses.—
  639         (1) If a utility that is placed upon, under, over, or along
  640  any public road or publicly owned rail corridor is found by the
  641  authority to be unreasonably interfering in any way with the
  642  convenient, safe, or continuous use, or the maintenance,
  643  improvement, extension, or expansion, of such public road or
  644  publicly owned rail corridor, the utility owner shall, upon 30
  645  days’ written notice to the utility or its agent by the
  646  authority, initiate the work necessary to alleviate the
  647  interference at its own expense except as provided in paragraphs
  648  (a)-(i). The work must be completed within such reasonable time
  649  as stated in the notice or such time as agreed to by the
  650  authority and the utility owner.
  651         (h) If a municipally owned utility or county-owned utility
  652  is located in a rural area of opportunity critical economic
  653  concern, as defined in s. 288.0656(2), and the department
  654  determines that the utility is unable, and will not be able
  655  within the next 10 years, to pay for the cost of utility work
  656  necessitated by a department project on the State Highway
  657  System, the department may pay, in whole or in part, the cost of
  658  such utility work performed by the department or its contractor.
  659         Reviser’s note.—Amended to conform to provisions in ch. 2014
  660         218, Laws of Florida, which changed references from “rural
  661         areas of critical economic concern” to “rural areas of
  662         opportunity” with the exception of three sections of the
  663         Florida Statutes.
  664         Section 25. Subsection (6) of section 339.041, Florida
  665  Statutes, is amended to read:
  666         339.041 Factoring of revenues from leases for wireless
  667  communication facilities.—
  668         (6) Subject to annual appropriation, the investors shall
  669  collect the lease payments on a schedule and in a manner
  670  established in the agreements entered into by the department and
  671  the investors pursuant to this section. The agreements may
  672  provide for lease payments to be made directly to investors by
  673  lessees if the lease agreements entered into by the department
  674  and the lessees pursuant to s. 365.172(13)(f) s. 365.172(12)(f)
  675  allow direct payment.
  676         Reviser’s note.—Amended to conform to the redesignation of s.
  677         365.172(12)(f) as s. 365.172(13)(f) by s. 1, ch. 2014-196,
  678         Laws of Florida.
  679         Section 26. Paragraph (c) of subsection (5) of section
  680  339.135, Florida Statutes, is amended to read:
  681         339.135 Work program; legislative budget request;
  682  definitions; preparation, adoption, execution, and amendment.—
  683         (5) ADOPTION OF THE WORK PROGRAM.—
  684         (c) Notwithstanding paragraph (a), and for the 2014-2015
  685  fiscal year only, the department may use appropriated funds to
  686  pay the costs of strategic and regionally significant
  687  transportation projects as provided in paragraph (4)(j)
  688  paragraph (4)(i). Funds specifically appropriated for this
  689  purpose may not reduce, delete, or defer any existing projects
  690  funded as of July 1, 2014, in the department’s 5-year work
  691  program. This paragraph expires July 1, 2015.
  692         Reviser’s note.—Amended to conform to the editorial
  693         redesignation of paragraph (4)(i), as created by s. 47, ch.
  694         2014-53, Laws of Florida, as paragraph (4)(j) to conform to
  695         the addition of a different paragraph (4)(i) by s. 41, ch.
  696         2014-53.
  697         Section 27. Subsection (7) of section 339.2818, Florida
  698  Statutes, is amended to read:
  699         339.2818 Small County Outreach Program.—
  700         (7) Subject to a specific appropriation in addition to
  701  funds annually appropriated for projects under this section, a
  702  municipality within a rural area of opportunity critical
  703  economic concern or a rural area of opportunity critical
  704  economic concern community designated under s. 288.0656(7)(a)
  705  may compete for the additional project funding using the
  706  criteria listed in subsection (4) at up to 100 percent of
  707  project costs, excluding capacity improvement projects.
  708         Reviser’s note.—Amended to conform to provisions in ch. 2014
  709         218, Laws of Florida, which changed references from “rural
  710         areas of critical economic concern” to “rural areas of
  711         opportunity” with the exception of three sections of the
  712         Florida Statutes.
  713         Section 28. Paragraph (a) of subsection (2) of section
  714  348.753, Florida Statutes, is amended to read:
  715         348.753 Central Florida Expressway Authority.—
  716         (2)(a) Immediately on upon June 20, 2014, the Central
  717  Florida Expressway Authority shall assume the governance and
  718  control of the Orlando-Orange County Expressway Authority
  719  System, including its assets, personnel, contracts, obligations,
  720  liabilities, facilities, and tangible and intangible property.
  721  Any rights in such property, and other legal rights of the
  722  authority, are transferred to the Central Florida Expressway
  723  Authority. The Central Florida Expressway Authority shall
  724  immediately succeed to and assume the powers, responsibilities,
  725  and obligations of the Orlando-Orange County Expressway
  726  Authority.
  727         Reviser’s note.—Amended to substitute the word “on” for the word
  728         “upon” to improve clarity. As created by s. 3, ch. 2014
  729         171, Laws of Florida, paragraph (2)(a) began with the words
  730         “Immediately upon the effective date of this act.” Section
  731         21, ch. 2014-171, directed the Division of Law Revision and
  732         Information to substitute the date for the new language
  733         “the effective date of this act.”
  734         Section 29. Subsection (1) of section 348.7546, Florida
  735  Statutes, is amended to read:
  736         348.7546 Wekiva Parkway, construction authorized;
  737  financing.—
  738         (1) The Central Florida Expressway Authority may exercise
  739  its condemnation powers and to construct, finance, operate, own,
  740  and maintain those portions of the Wekiva Parkway which are
  741  identified by agreement between the authority and the department
  742  and which are included as part of the authority’s long-range
  743  capital improvement plan. The “Wekiva Parkway” means any limited
  744  access highway or expressway constructed between State Road 429
  745  and Interstate 4 specifically incorporating the corridor
  746  alignment recommended by Recommendation 2 of the Wekiva River
  747  Basin Area Task Force final report dated January 15, 2003, and
  748  the recommendations of the SR 429 Working Group which were
  749  adopted January 16, 2004. This project may be financed with any
  750  funds available to the authority for such purpose or revenue
  751  bonds issued by the authority under s. 11, Art. VII of the State
  752  Constitution and s. 348.755(1)(b). This section does not
  753  invalidate the exercise by the authority of its condemnation
  754  powers or the acquisition of any property for the Wekiva Parkway
  755  before July 1, 2012.
  756         Reviser’s note.—Amended to confirm the editorial deletion of the
  757         word “to” preceding the word “construct.”
  758         Section 30. Paragraph (c) of subsection (13) of section
  759  365.172, Florida Statutes, is amended to read:
  760         365.172 Emergency communications number “E911.”—
  761         (13) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
  762  the public need for reliable E911 services through reliable
  763  wireless systems and the public interest served by governmental
  764  zoning and land development regulations and notwithstanding any
  765  other law or local ordinance to the contrary, the following
  766  standards shall apply to a local government’s actions, as a
  767  regulatory body, in the regulation of the placement,
  768  construction, or modification of a wireless communications
  769  facility. This subsection shall not, however, be construed to
  770  waive or alter the provisions of s. 286.011 or s. 286.0115. For
  771  the purposes of this subsection only, “local government” shall
  772  mean any municipality or county and any agency of a municipality
  773  or county only. The term “local government” does not, however,
  774  include any airport, as defined by s. 330.27(2), even if it is
  775  owned or controlled by or through a municipality, county, or
  776  agency of a municipality or county. Further, notwithstanding
  777  anything in this section to the contrary, this subsection does
  778  not apply to or control a local government’s actions as a
  779  property or structure owner in the use of any property or
  780  structure owned by such entity for the placement, construction,
  781  or modification of wireless communications facilities. In the
  782  use of property or structures owned by the local government,
  783  however, a local government may not use its regulatory authority
  784  so as to avoid compliance with, or in a manner that does not
  785  advance, the provisions of this subsection.
  786         (c) Local governments may not require wireless providers to
  787  provide evidence of a wireless communications facility’s
  788  compliance with federal regulations, except evidence of
  789  compliance with applicable Federal Aviation Administration
  790  requirements under 14 C.F.R. part 77 14 C.F.R. s. 77, as
  791  amended, and evidence of proper Federal Communications
  792  Commission licensure, or other evidence of Federal
  793  Communications Commission authorized spectrum use, but may
  794  request the Federal Communications Commission to provide
  795  information as to a wireless provider’s compliance with federal
  796  regulations, as authorized by federal law.
  797         Reviser’s note.—Amended to facilitate correct interpretation.
  798         There is no 14 C.F.R. s. 77; there is a 14 C.F.R. part 77.
  799         Section 31. Subsection (5) of section 373.223, Florida
  800  Statutes, is amended to read:
  801         373.223 Conditions for a permit.—
  802         (5) In evaluating an application for consumptive use of
  803  water which proposes the use of an alternative water supply
  804  project as described in the regional water supply plan and
  805  provides reasonable assurances of the applicant’s capability to
  806  design, construct, operate, and maintain the project, the
  807  governing board or department shall presume that the alternative
  808  water supply use is consistent with the public interest under
  809  paragraph (1)(c). However, where the governing board identifies
  810  the need for a multijurisdictional water supply entity or
  811  regional water supply authority to develop the alternative water
  812  supply project pursuant to s. 373.709(2)(a)2., the presumption
  813  shall be accorded only to that use proposed by such entity or
  814  authority. This subsection does not affect effect evaluation of
  815  the use pursuant to the provisions of paragraphs (1)(a) and (b),
  816  subsections (2) and (3), and ss. 373.2295 and 373.233.
  817         Reviser’s note.—Amended to conform to context.
  818         Section 32. Paragraph (a) of subsection (2) of section
  819  376.3072, Florida Statutes, is amended to read:
  820         376.3072 Florida Petroleum Liability and Restoration
  821  Insurance Program.—
  822         (2)(a) An owner or operator of a petroleum storage system
  823  may become an insured in the restoration insurance program at a
  824  facility if:
  825         1. A site at which an incident has occurred is eligible for
  826  restoration if the insured is a participant in the third-party
  827  liability insurance program or otherwise meets applicable
  828  financial responsibility requirements. After July 1, 1993, the
  829  insured must also provide the required excess insurance coverage
  830  or self-insurance for restoration to achieve the financial
  831  responsibility requirements of 40 C.F.R. s. 280.97, subpart H,
  832  not covered by paragraph (d).
  833         2. A site which had a discharge reported before January 1,
  834  1989, for which notice was given pursuant to s. 376.3071(10) and
  835  which is ineligible for the third-party liability insurance
  836  program solely due to that discharge is eligible for
  837  participation in the restoration program for an incident
  838  occurring on or after January 1, 1989, pursuant to subsection
  839  (3). Restoration funding for an eligible contaminated site will
  840  be provided without participation in the third-party liability
  841  insurance program until the site is restored as required by the
  842  department or until the department determines that the site does
  843  not require restoration.
  844         3. Notwithstanding paragraph (b), a site where an
  845  application is filed with the department before January 1, 1995,
  846  where the owner is a small business under s. 288.703(6), a
  847  Florida College System institution state community college with
  848  less than 2,500 FTE, a religious institution as defined by s.
  849  212.08(7)(m), a charitable institution as defined by s.
  850  212.08(7)(p), or a county or municipality with a population of
  851  less than 50,000, is eligible for up to $400,000 of eligible
  852  restoration costs, less a deductible of $10,000 for small
  853  businesses, eligible Florida College System institutions
  854  community colleges, and religious or charitable institutions,
  855  and $30,000 for eligible counties and municipalities, if:
  856         a. Except as provided in sub-subparagraph e., the facility
  857  was in compliance with department rules at the time of the
  858  discharge.
  859         b. The owner or operator has, upon discovery of a
  860  discharge, promptly reported the discharge to the department,
  861  and drained and removed the system from service, if necessary.
  862         c. The owner or operator has not intentionally caused or
  863  concealed a discharge or disabled leak detection equipment.
  864         d. The owner or operator proceeds to complete initial
  865  remedial action as specified in department rules.
  866         e. The owner or operator, if required and if it has not
  867  already done so, applies for third-party liability coverage for
  868  the facility within 30 days after receipt of an eligibility
  869  order issued by the department pursuant to this subparagraph.
  870  
  871  However, the department may consider in-kind services from
  872  eligible counties and municipalities in lieu of the $30,000
  873  deductible. The cost of conducting initial remedial action as
  874  defined by department rules is an eligible restoration cost
  875  pursuant to this subparagraph.
  876         4.a. By January 1, 1997, facilities at sites with existing
  877  contamination must have methods of release detection to be
  878  eligible for restoration insurance coverage for new discharges
  879  subject to department rules for secondary containment. Annual
  880  storage system testing, in conjunction with inventory control,
  881  shall be considered to be a method of release detection until
  882  the later of December 22, 1998, or 10 years after the date of
  883  installation or the last upgrade. Other methods of release
  884  detection for storage tanks which meet such requirement are:
  885         (I) Interstitial monitoring of tank and integral piping
  886  secondary containment systems;
  887         (II) Automatic tank gauging systems; or
  888         (III) A statistical inventory reconciliation system with a
  889  tank test every 3 years.
  890         b. For pressurized integral piping systems, the owner or
  891  operator must use:
  892         (I) An automatic in-line leak detector with flow
  893  restriction meeting the requirements of department rules used in
  894  conjunction with an annual tightness or pressure test; or
  895         (II) An automatic in-line leak detector with electronic
  896  flow shut-off meeting the requirements of department rules.
  897         c. For suction integral piping systems, the owner or
  898  operator must use:
  899         (I) A single check valve installed directly below the
  900  suction pump if there are no other valves between the dispenser
  901  and the tank; or
  902         (II) An annual tightness test or other approved test.
  903         d. Owners of facilities with existing contamination that
  904  install internal release detection systems pursuant to sub
  905  subparagraph a. shall permanently close their external
  906  groundwater and vapor monitoring wells pursuant to department
  907  rules by December 31, 1998. Upon installation of the internal
  908  release detection system, such wells must be secured and taken
  909  out of service until permanent closure.
  910         e. Facilities with vapor levels of contamination meeting
  911  the requirements of or below the concentrations specified in the
  912  performance standards for release detection methods specified in
  913  department rules may continue to use vapor monitoring wells for
  914  release detection.
  915         f. The department may approve other methods of release
  916  detection for storage tanks and integral piping which have at
  917  least the same capability to detect a new release as the methods
  918  specified in this subparagraph.
  919  
  920  Sites meeting the criteria of this subsection for which a site
  921  rehabilitation completion order was issued before June 1, 2008,
  922  do not qualify for the 2008 increase in site rehabilitation
  923  funding assistance and are bound by the pre-June 1, 2008,
  924  limits. Sites meeting the criteria of this subsection for which
  925  a site rehabilitation completion order was not issued before
  926  June 1, 2008, regardless of whether they have previously
  927  transitioned to nonstate-funded cleanup status, may continue
  928  state-funded cleanup pursuant to s. 376.3071(6) until a site
  929  rehabilitation completion order is issued or the increased site
  930  rehabilitation funding assistance limit is reached, whichever
  931  occurs first.
  932         Reviser’s note.—Amended to conform references to state community
  933         colleges to changes in chs. 2008-52 and 2009-228, Laws of
  934         Florida, transitioning references from community colleges
  935         to Florida College System institutions.
  936         Section 33. Paragraph (e) of subsection (2) of section
  937  377.6015, Florida Statutes, is amended to read:
  938         377.6015 Department of Agriculture and Consumer Services;
  939  powers and duties.—
  940         (2) The department shall:
  941         (e) Administer the provisions of the Florida Energy and
  942  Climate Protection Act pursuant to ss. 377.801-377.804 377.801
  943  377.807.
  944         Reviser’s note.—Amended to conform to the repeal of ss. 377.806
  945         and 377.807 by s. 9, ch. 2014-154, Laws of Florida, and to
  946         conform to context. Section 377.801 cites ss. 377.801
  947         377.804 as the Florida Energy and Climate Protection Act;
  948         s. 377.805, requiring development of an energy efficiency
  949         and conservation clearinghouse, was transferred from s.
  950         570.0741 to s. 377.805 by s. 64, ch. 2014-150, Laws of
  951         Florida, and is not technically part of the Florida Energy
  952         and Climate Protection Act.
  953         Section 34. Subsection (4) of section 379.2495, Florida
  954  Statutes, is amended to read:
  955         379.2495 Florida Ships-2-Reefs Program; matching grant
  956  requirements.—
  957         (4) To demonstrate that a local government or nonprofit
  958  corporation meets the required criteria, the local government or
  959  nonprofit corporation must submit formal agreements, written
  960  pledges, memoranda of understanding, financing arrangements, or
  961  other documents demonstrating that nonstate matching funds are
  962  available for securing and placing the vessel prior to
  963  submission of an application. Matching grant funds shall be
  964  released only upon documentation that meets all the criteria
  965  established in rules adopted by the commission pursuant to
  966  subsection (5).
  967         Reviser’s note.—Amended to conform to the repeal of former
  968         subsection (5) by s. 2, ch. 2014-21, Laws of Florida.
  969         Section 35. Paragraph (b) of subsection (29) of section
  970  380.06, Florida Statutes, is amended to read:
  971         380.06 Developments of regional impact.—
  972         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
  973         (b) If a municipality that does not qualify as a dense
  974  urban land area pursuant to paragraph (a) designates any of the
  975  following areas in its comprehensive plan, any proposed
  976  development within the designated area is exempt from the
  977  development-of-regional-impact process:
  978         1. Urban infill as defined in s. 163.3164;
  979         2. Community redevelopment areas as defined in s. 163.340;
  980         3. Downtown revitalization areas as defined in s. 163.3164;
  981         4. Urban infill and redevelopment under s. 163.2517; or
  982         5. Urban service areas as defined in s. 163.3164 or areas
  983  within a designated urban service boundary under s.
  984  163.3177(14), Florida Statutes (2010).
  985         Reviser’s note.—Amended to conform to the repeal of s.
  986         163.3177(14) by s. 12, ch. 2011-139, Laws of Florida, and
  987         to conform to a similar cross-reference in paragraph
  988         (24)(l) of this section.
  989         Section 36. Subsection (5) of section 381.78, Florida
  990  Statutes, is amended to read:
  991         381.78 Advisory council on brain and spinal cord injuries.—
  992         (5) Members of the advisory council are entitled to
  993  reimbursement for per diem and travel expenses for required
  994  attendance at council meetings in accordance with s. 112.061.
  995  Reasonable expenses for personal assistance services and
  996  interpreters needed by members during required attendance at
  997  council meetings shall be reimbursed. A member may not receive
  998  any compensation for performing duties specified in, or arising
  999  out of, her or his duties as a council member under ss. 381.739
 1000  381.79 this part, except as otherwise specified in ss. 381.739
 1001  381.79 this part.
 1002         Reviser’s note.—Amended to conform to the fact that chapter 381
 1003         is not divided into parts and to conform to context. An
 1004         amendment to subsection (7) of this section by s. 8, ch.
 1005         2010-161, Laws of Florida, substituted a reference to ss.
 1006         381.739-381.79 for a reference to “this part;” ss. 381.739
 1007         381.79 constitute the Charlie Mack Overstreet Brain or
 1008         Spinal Cord Injuries Act.
 1009         Section 37. Subsection (2) of section 394.494, Florida
 1010  Statutes, is amended to read:
 1011         394.494 General performance outcomes for the child and
 1012  adolescent mental health treatment and support system.—
 1013         (2) Annually, pursuant to former s. 216.0166, the
 1014  department shall develop more specific performance outcomes and
 1015  performance measures to assess the performance of the child and
 1016  adolescent mental health treatment and support system in
 1017  achieving the intent of this section.
 1018         Reviser’s note.—Amended to conform to the repeal of s. 216.0166
 1019         by s. 61, ch. 2000-371, Laws of Florida.
 1020         Section 38. Paragraph (p) of subsection (4) of section
 1021  394.495, Florida Statutes, is amended to read:
 1022         394.495 Child and adolescent mental health system of care;
 1023  programs and services.—
 1024         (4) The array of services may include, but is not limited
 1025  to:
 1026         (p) Trauma-informed services for children who have suffered
 1027  sexual exploitation as defined in s. 39.01(69)(g) 39.01(67)(g).
 1028         Reviser’s note.—Amended to confirm the editorial substitution of
 1029         a reference to s. 39.01(69)(g) for a reference to s.
 1030         39.01(67)(g) to conform to the renumbering of subunits
 1031         within s. 39.01 by s. 3, ch. 2014-224, Laws of Florida.
 1032         Section 39. Paragraph (e) of subsection (3) of section
 1033  394.913, Florida Statutes, is amended to read:
 1034         394.913 Notice to state attorney and multidisciplinary team
 1035  of release of sexually violent predator; establishing
 1036  multidisciplinary teams; information to be provided to
 1037  multidisciplinary teams.—
 1038         (3)
 1039         (e) The multidisciplinary team may consult with law
 1040  enforcement agencies and victim advocate groups during the
 1041  assessment and evaluation process. A clinical evaluation of the
 1042  person may be conducted. A second clinical evaluation must be
 1043  conducted if a member of the multidisciplinary team questions
 1044  the conclusion of the first clinical evaluation. All members of
 1045  the multidisciplinary team shall review, at a minimum, the
 1046  information provided in subsection (2) and any clinical
 1047  evaluation before making a recommendation pursuant to paragraph
 1048  (g) paragraph (f).
 1049         Reviser’s note.—Amended to confirm the editorial substitution of
 1050         a reference to paragraph (g) for a reference to paragraph
 1051         (f), as referenced in the amendment by s. 3, ch. 2014-2,
 1052         Laws of Florida. Paragraph (f) was redesignated as
 1053         paragraph (g) in the compilation of the text pursuant to
 1054         incorporating amendments made by s. 2, ch. 2014-3, Laws of
 1055         Florida.
 1056         Section 40. Paragraph (c) of subsection (3) of section
 1057  397.333, Florida Statutes, is amended to read:
 1058         397.333 Statewide Drug Policy Advisory Council.—
 1059         (3) The advisory council shall:
 1060         (c) Review various substance abuse programs and recommend,
 1061  where needed, measures that are sufficient to determine program
 1062  outcomes. The council shall review different methodologies for
 1063  evaluating programs and determine whether programs within
 1064  different agencies have common outcomes. The methodologies shall
 1065  be consistent with those established under former s. 216.0166.
 1066         Reviser’s note.—Amended to conform to the repeal of s. 216.0166
 1067         by s. 61, ch. 2000-371, Laws of Florida.
 1068         Section 41. Subsection (6) of section 397.754, Florida
 1069  Statutes, is amended to read:
 1070         397.754 Duties and responsibilities of the Department of
 1071  Corrections.—The Department of Corrections shall:
 1072         (6) In cooperation with other agencies, actively seek to
 1073  enhance resources for the provision of treatment services for
 1074  inmates and to develop partnerships with other state agencies,
 1075  including but not limited to the Departments of Children and
 1076  Families, Education, Economic Opportunity Community Affairs, and
 1077  Law Enforcement.
 1078         Reviser’s note.—Amended to conform to the repeal of s. 20.18,
 1079         which created the Department of Community Affairs, by s.
 1080         478, ch. 2011-142, Laws of Florida, and the transfer of the
 1081         department’s duties to the Department of Economic
 1082         Opportunity by ch. 2011-142.
 1083         Section 42. Subsection (2) of section 397.92, Florida
 1084  Statutes, is amended to read:
 1085         397.92 Children’s substance abuse services system; goals.—
 1086         (2) Pursuant to former s. 216.0166, the department shall
 1087  annually develop performance outcomes and performance measures
 1088  to assess the performance of the children’s substance abuse
 1089  services system in achieving the intent of this section.
 1090         Reviser’s note.—Amended to conform to the repeal of s. 216.0166
 1091         by s. 61, ch. 2000-371, Laws of Florida.
 1092         Section 43. Paragraph (v) of subsection (1) of section
 1093  400.022, Florida Statutes, is amended to read:
 1094         400.022 Residents’ rights.—
 1095         (1) All licensees of nursing home facilities shall adopt
 1096  and make public a statement of the rights and responsibilities
 1097  of the residents of such facilities and shall treat such
 1098  residents in accordance with the provisions of that statement.
 1099  The statement shall assure each resident the following:
 1100         (v) For residents of Medicaid or Medicare certified
 1101  facilities, the right to challenge a decision by the facility to
 1102  discharge or transfer the resident, as required under Title 42
 1103  C.F.R. s. 483.12 part 483.13.
 1104         Reviser’s note.—Amended to conform to the fact that there is no
 1105         part 483.13 in the Code of Federal Regulations; 42 C.F.R.
 1106         s. 483.12 relates to admission, transfer, and discharge
 1107         rights; 42 C.F.R. s. 483.13 relates to resident behavior
 1108         and facility practices.
 1109         Section 44. Paragraph (c) of subsection (7) of section
 1110  403.067, Florida Statutes, is amended to read:
 1111         403.067 Establishment and implementation of total maximum
 1112  daily loads.—
 1113         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1114  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1115         (c) Best management practices.—
 1116         1. The department, in cooperation with the water management
 1117  districts and other interested parties, as appropriate, may
 1118  develop suitable interim measures, best management practices, or
 1119  other measures necessary to achieve the level of pollution
 1120  reduction established by the department for nonagricultural
 1121  nonpoint pollutant sources in allocations developed pursuant to
 1122  subsection (6) and this subsection. These practices and measures
 1123  may be adopted by rule by the department and the water
 1124  management districts and, where adopted by rule, shall be
 1125  implemented by those parties responsible for nonagricultural
 1126  nonpoint source pollution.
 1127         2. The Department of Agriculture and Consumer Services may
 1128  develop and adopt by rule pursuant to ss. 120.536(1) and 120.54
 1129  suitable interim measures, best management practices, or other
 1130  measures necessary to achieve the level of pollution reduction
 1131  established by the department for agricultural pollutant sources
 1132  in allocations developed pursuant to subsection (6) and this
 1133  subsection or for programs implemented pursuant to paragraph
 1134  (12)(b) paragraph (13)(b). These practices and measures may be
 1135  implemented by those parties responsible for agricultural
 1136  pollutant sources and the department, the water management
 1137  districts, and the Department of Agriculture and Consumer
 1138  Services shall assist with implementation. In the process of
 1139  developing and adopting rules for interim measures, best
 1140  management practices, or other measures, the Department of
 1141  Agriculture and Consumer Services shall consult with the
 1142  department, the Department of Health, the water management
 1143  districts, representatives from affected farming groups, and
 1144  environmental group representatives. Such rules must also
 1145  incorporate provisions for a notice of intent to implement the
 1146  practices and a system to assure the implementation of the
 1147  practices, including recordkeeping requirements.
 1148         3. Where interim measures, best management practices, or
 1149  other measures are adopted by rule, the effectiveness of such
 1150  practices in achieving the levels of pollution reduction
 1151  established in allocations developed by the department pursuant
 1152  to subsection (6) and this subsection or in programs implemented
 1153  pursuant to paragraph (12)(b) paragraph (13)(b) must be verified
 1154  at representative sites by the department. The department shall
 1155  use best professional judgment in making the initial
 1156  verification that the best management practices are reasonably
 1157  expected to be effective and, where applicable, must notify the
 1158  appropriate water management district or the Department of
 1159  Agriculture and Consumer Services of its initial verification
 1160  before the adoption of a rule proposed pursuant to this
 1161  paragraph. Implementation, in accordance with rules adopted
 1162  under this paragraph, of practices that have been initially
 1163  verified to be effective, or verified to be effective by
 1164  monitoring at representative sites, by the department, shall
 1165  provide a presumption of compliance with state water quality
 1166  standards and release from the provisions of s. 376.307(5) for
 1167  those pollutants addressed by the practices, and the department
 1168  is not authorized to institute proceedings against the owner of
 1169  the source of pollution to recover costs or damages associated
 1170  with the contamination of surface water or groundwater caused by
 1171  those pollutants. Research projects funded by the department, a
 1172  water management district, or the Department of Agriculture and
 1173  Consumer Services to develop or demonstrate interim measures or
 1174  best management practices shall be granted a presumption of
 1175  compliance with state water quality standards and a release from
 1176  the provisions of s. 376.307(5). The presumption of compliance
 1177  and release is limited to the research site and only for those
 1178  pollutants addressed by the interim measures or best management
 1179  practices. Eligibility for the presumption of compliance and
 1180  release is limited to research projects on sites where the owner
 1181  or operator of the research site and the department, a water
 1182  management district, or the Department of Agriculture and
 1183  Consumer Services have entered into a contract or other
 1184  agreement that, at a minimum, specifies the research objectives,
 1185  the cost-share responsibilities of the parties, and a schedule
 1186  that details the beginning and ending dates of the project.
 1187         4. Where water quality problems are demonstrated, despite
 1188  the appropriate implementation, operation, and maintenance of
 1189  best management practices and other measures required by rules
 1190  adopted under this paragraph, the department, a water management
 1191  district, or the Department of Agriculture and Consumer
 1192  Services, in consultation with the department, shall institute a
 1193  reevaluation of the best management practice or other measure.
 1194  Should the reevaluation determine that the best management
 1195  practice or other measure requires modification, the department,
 1196  a water management district, or the Department of Agriculture
 1197  and Consumer Services, as appropriate, shall revise the rule to
 1198  require implementation of the modified practice within a
 1199  reasonable time period as specified in the rule.
 1200         5. Agricultural records relating to processes or methods of
 1201  production, costs of production, profits, or other financial
 1202  information held by the Department of Agriculture and Consumer
 1203  Services pursuant to subparagraphs 3. and 4. or pursuant to any
 1204  rule adopted pursuant to subparagraph 2. are confidential and
 1205  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1206  Constitution. Upon request, records made confidential and exempt
 1207  pursuant to this subparagraph shall be released to the
 1208  department or any water management district provided that the
 1209  confidentiality specified by this subparagraph for such records
 1210  is maintained.
 1211         6. The provisions of subparagraphs 1. and 2. do not
 1212  preclude the department or water management district from
 1213  requiring compliance with water quality standards or with
 1214  current best management practice requirements set forth in any
 1215  applicable regulatory program authorized by law for the purpose
 1216  of protecting water quality. Additionally, subparagraphs 1. and
 1217  2. are applicable only to the extent that they do not conflict
 1218  with any rules adopted by the department that are necessary to
 1219  maintain a federally delegated or approved program.
 1220         Reviser’s note.—Amended to conform to the redesignation of
 1221         paragraph (13)(b) as paragraph (12)(b) by s. 2, ch. 2013
 1222         146, Laws of Florida.
 1223         Section 45. Subsection (1) of section 408.036, Florida
 1224  Statutes, is amended to read:
 1225         408.036 Projects subject to review; exemptions.—
 1226         (1) APPLICABILITY.—Unless exempt under subsection (3), all
 1227  health-care-related projects, as described in paragraphs (a)-(f)
 1228  paragraphs (a)-(g), are subject to review and must file an
 1229  application for a certificate of need with the agency. The
 1230  agency is exclusively responsible for determining whether a
 1231  health-care-related project is subject to review under ss.
 1232  408.031-408.045.
 1233         (a) The addition of beds in community nursing homes or
 1234  intermediate care facilities for the developmentally disabled by
 1235  new construction or alteration.
 1236         (b) The new construction or establishment of additional
 1237  health care facilities, including a replacement health care
 1238  facility when the proposed project site is not located on the
 1239  same site as or within 1 mile of the existing health care
 1240  facility, if the number of beds in each licensed bed category
 1241  will not increase.
 1242         (c) The conversion from one type of health care facility to
 1243  another, including the conversion from a general hospital, a
 1244  specialty hospital, or a long-term care hospital.
 1245         (d) The establishment of a hospice or hospice inpatient
 1246  facility, except as provided in s. 408.043.
 1247         (e) An increase in the number of beds for comprehensive
 1248  rehabilitation.
 1249         (f) The establishment of tertiary health services,
 1250  including inpatient comprehensive rehabilitation services.
 1251         Reviser’s note.—Amended to confirm the editorial substitution of
 1252         a reference to paragraphs (a)-(f) for a reference to
 1253         paragraphs (a)-(g) to conform to the repeal of paragraph
 1254         (1)(g) by s. 19, ch. 2010-4, Laws of Florida.
 1255         Section 46. Subsection (8) of section 408.061, Florida
 1256  Statutes, is amended to read:
 1257         408.061 Data collection; uniform systems of financial
 1258  reporting; information relating to physician charges;
 1259  confidential information; immunity.—
 1260         (8) The identity of any health care provider, health care
 1261  facility, or health insurer who submits any data which is
 1262  proprietary business information to the agency pursuant to the
 1263  provisions of this section shall remain confidential and exempt
 1264  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
 1265  State Constitution. As used in this section, “proprietary
 1266  business information” shall include, but not be limited to,
 1267  information relating to specific provider contract reimbursement
 1268  information; information relating to security measures, systems,
 1269  or procedures; and information concerning bids or other
 1270  contractual data, the disclosure of which would impair efforts
 1271  to contract for goods or services on favorable terms or would
 1272  injure the affected entity’s ability to compete in the
 1273  marketplace. Notwithstanding the provisions of this subsection,
 1274  any information obtained or generated pursuant to the provisions
 1275  of former s. 407.61, either by the former Health Care Cost
 1276  Containment Board or by the Agency for Health Care
 1277  Administration upon transfer to that agency of the duties and
 1278  functions of the former Health Care Cost Containment Board, is
 1279  not confidential and exempt from the provisions of s. 119.07(1)
 1280  and s. 24(a), Art. I of the State Constitution. Such proprietary
 1281  business information may be used in published analyses and
 1282  reports or otherwise made available for public disclosure in
 1283  such manner as to preserve the confidentiality of the identity
 1284  of the provider. This exemption shall not limit the use of any
 1285  information used in conjunction with investigation or
 1286  enforcement purposes under the provisions of s. 456.073.
 1287         Reviser’s note.—Amended to delete an obsolete provision.
 1288         Section 47. Subsection (2) of section 409.1451, Florida
 1289  Statutes, as amended by section 4 of chapter 2014-39, Laws of
 1290  Florida, and as amended by section 25 of chapter 2014-184, Laws
 1291  of Florida, effective July 1, 2015, is reenacted and amended to
 1292  read:
 1293         409.1451 The Road-to-Independence Program.—
 1294         (2) POSTSECONDARY EDUCATION SERVICES AND SUPPORT.—
 1295         (a) A young adult is eligible for services and support
 1296  under this subsection if he or she:
 1297         1. Was living in licensed care on his or her 18th birthday
 1298  or is currently living in licensed care; or was at least 16
 1299  years of age and was adopted from foster care or placed with a
 1300  court-approved dependency guardian after spending at least 6
 1301  months in licensed care within the 12 months immediately
 1302  preceding such placement or adoption;
 1303         2. Spent at least 6 months in licensed care before reaching
 1304  his or her 18th birthday;
 1305         3. Earned a standard high school diploma pursuant to s.
 1306  1002.3105(5), s. 1003.4281, or s. 1003.4282, or its equivalent
 1307  pursuant to s. 1003.435 a special diploma pursuant to;
 1308         4. Has been admitted for enrollment as a full-time student
 1309  or its equivalent in an eligible postsecondary educational
 1310  institution as provided in s. 1009.533. For purposes of this
 1311  section, the term “full-time” means 9 credit hours or the
 1312  vocational school equivalent. A student may enroll part-time if
 1313  he or she has a recognized disability or is faced with another
 1314  challenge or circumstance that would prevent full-time
 1315  attendance. A student needing to enroll part-time for any reason
 1316  other than having a recognized disability must get approval from
 1317  his or her academic advisor;
 1318         5. Has reached 18 years of age but is not yet 23 years of
 1319  age;
 1320         6. Has applied, with assistance from the young adult’s
 1321  caregiver and the community-based lead agency, for any other
 1322  grants and scholarships for which he or she may qualify;
 1323         7. Submitted a Free Application for Federal Student Aid
 1324  which is complete and error free; and
 1325         8. Signed an agreement to allow the department and the
 1326  community-based care lead agency access to school records.
 1327         (b) The amount of the financial assistance shall be as
 1328  follows:
 1329         1. For a young adult who does not remain in foster care and
 1330  is attending a postsecondary school as provided in s. 1009.533,
 1331  the amount is $1,256 monthly.
 1332         2. For a young adult who remains in foster care, is
 1333  attending a postsecondary school, as provided in s. 1009.533,
 1334  and continues to reside in a licensed foster home, the amount is
 1335  the established room and board rate for foster parents. This
 1336  takes the place of the payment provided for in s. 409.145(4).
 1337         3. For a young adult who remains in foster care, but
 1338  temporarily resides away from a licensed foster home for
 1339  purposes of attending a postsecondary school as provided in s.
 1340  1009.533, the amount is $1,256 monthly. This takes the place of
 1341  the payment provided for in s. 409.145(4).
 1342         4. For a young adult who remains in foster care, is
 1343  attending a postsecondary school as provided in s. 1009.533, and
 1344  continues to reside in a licensed group home, the amount is
 1345  negotiated between the community-based care lead agency and the
 1346  licensed group home provider.
 1347         5. For a young adult who remains in foster care, but
 1348  temporarily resides away from a licensed group home for purposes
 1349  of attending a postsecondary school as provided in s. 1009.533,
 1350  the amount is $1,256 monthly. This takes the place of a
 1351  negotiated room and board rate.
 1352         6. The amount of the award may be disregarded for purposes
 1353  of determining the eligibility for, or the amount of, any other
 1354  federal or federally supported assistance.
 1355         7. A young adult is eligible to receive financial
 1356  assistance during the months when enrolled in a postsecondary
 1357  educational institution.
 1358         (c) Payment of financial assistance for a young adult who:
 1359         1. Has chosen not to remain in foster care and is attending
 1360  a postsecondary school as provided in s. 1009.533, shall be made
 1361  to the community-based care lead agency in order to secure
 1362  housing and utilities, with the balance being paid directly to
 1363  the young adult until such time the lead agency and the young
 1364  adult determine that the young adult can successfully manage the
 1365  full amount of the assistance.
 1366         2. Has remained in foster care under s. 39.6251 and who is
 1367  attending postsecondary school as provided in s. 1009.533, shall
 1368  be made directly to the foster parent or group home provider.
 1369         3. Community-based care lead agencies or other contracted
 1370  providers are prohibited from charging a fee associated with
 1371  administering the Road-to-Independence payments.
 1372         (d)1. The department must advertise the availability of the
 1373  stipend and must provide notification of the criteria and
 1374  application procedures for the stipend to children and young
 1375  adults leaving, or who were formerly in, foster care;
 1376  caregivers; case managers; guidance and family services
 1377  counselors; principals or other relevant school administrators;
 1378  and guardians ad litem.
 1379         2. If the award recipient transfers from one eligible
 1380  institution to another and continues to meet eligibility
 1381  requirements, the award shall be transferred with the recipient.
 1382         3. The department, or an agency under contract with the
 1383  department, shall evaluate each Road-to-Independence award for
 1384  renewal eligibility on an annual basis. In order to be eligible
 1385  for a renewal award for the subsequent year, the young adult
 1386  must:
 1387         a. Be enrolled for or have completed the number of hours,
 1388  or the equivalent, to be considered a full-time student under
 1389  subparagraph (a)4., unless the young adult qualifies for an
 1390  exception under subparagraph (a)4.
 1391         b. Maintain standards of academic progress as defined by
 1392  the education institution, except that if the young adult’s
 1393  progress is insufficient to renew the award at any time during
 1394  the eligibility period, the young adult may continue to be
 1395  enrolled for additional terms while attempting to restore
 1396  eligibility as long as progress towards the required level is
 1397  maintained.
 1398         4. Funds may be terminated during the interim between an
 1399  award and the evaluation for a renewal award if the department,
 1400  or an agency under contract with the department, determines that
 1401  the award recipient is no longer enrolled in an educational
 1402  institution as described in subparagraph (a)4. or is no longer a
 1403  resident of this state.
 1404         5. The department, or an agency under contract with the
 1405  department, shall notify a recipient who is terminated and
 1406  inform the recipient of his or her right to appeal.
 1407         6. An award recipient who does not qualify for a renewal
 1408  award or who chooses not to renew the award may apply for
 1409  reinstatement. An application for reinstatement must be made
 1410  before the young adult reaches 23 years of age. In order to be
 1411  eligible for reinstatement, the young adult must meet the
 1412  eligibility criteria and the criteria for award renewal for the
 1413  program.
 1414         Reviser’s note.—Section 25, ch. 2014-184, Laws of Florida,
 1415         purported to amend subsection (2), effective July 1, 2015,
 1416         but did not publish paragraphs (b)-(d). Absent affirmative
 1417         evidence of legislative intent to repeal paragraphs (b)
 1418         (d), subsection (2) is reenacted to confirm that the
 1419         omission was not intended. Subparagraph (2)(a)3. is amended
 1420         to confirm the editorial deletion of the words “a special
 1421         diploma pursuant to,” added by s. 4, ch. 2014-39, Laws of
 1422         Florida, following the word “or” and preceding a cite to s.
 1423         1003.438, which word and cite were deleted by s. 25, ch.
 1424         2014-184.
 1425         Section 48. Paragraph (c) of subsection (1) of section
 1426  409.1678, Florida Statutes, is amended to read:
 1427         409.1678 Specialized residential options for children who
 1428  are victims of sexual exploitation.—
 1429         (1) DEFINITIONS.—As used in this section, the term:
 1430         (c) “Sexually exploited child” means a child who has
 1431  suffered sexual exploitation as defined in s. 39.01(69)(g)
 1432  39.01(68)(g) and is ineligible for relief and benefits under the
 1433  federal Trafficking Victims Protection Act, 22 U.S.C. ss. 7101
 1434  et seq.
 1435         Reviser’s note.—Amended to confirm the editorial substitution of
 1436         a reference to s. 39.01(69)(g) for a reference to s.
 1437         39.01(68)(g) added by s. 56, ch. 2014-224, Laws of Florida.
 1438         Sexual exploitation of a child is defined in s.
 1439         39.01(69)(g). “Secretary” is defined in s. 39.01(68), which
 1440         has no paragraphs.
 1441         Section 49. Paragraph (d) of subsection (13) of section
 1442  409.906, Florida Statutes, is amended to read:
 1443         409.906 Optional Medicaid services.—Subject to specific
 1444  appropriations, the agency may make payments for services which
 1445  are optional to the state under Title XIX of the Social Security
 1446  Act and are furnished by Medicaid providers to recipients who
 1447  are determined to be eligible on the dates on which the services
 1448  were provided. Any optional service that is provided shall be
 1449  provided only when medically necessary and in accordance with
 1450  state and federal law. Optional services rendered by providers
 1451  in mobile units to Medicaid recipients may be restricted or
 1452  prohibited by the agency. Nothing in this section shall be
 1453  construed to prevent or limit the agency from adjusting fees,
 1454  reimbursement rates, lengths of stay, number of visits, or
 1455  number of services, or making any other adjustments necessary to
 1456  comply with the availability of moneys and any limitations or
 1457  directions provided for in the General Appropriations Act or
 1458  chapter 216. If necessary to safeguard the state’s systems of
 1459  providing services to elderly and disabled persons and subject
 1460  to the notice and review provisions of s. 216.177, the Governor
 1461  may direct the Agency for Health Care Administration to amend
 1462  the Medicaid state plan to delete the optional Medicaid service
 1463  known as “Intermediate Care Facilities for the Developmentally
 1464  Disabled.” Optional services may include:
 1465         (13) HOME AND COMMUNITY-BASED SERVICES.—
 1466         (d) The agency shall request federal approval to develop a
 1467  system to require payment of premiums or other cost sharing by
 1468  the parents of a child who is being served by a waiver under
 1469  this subsection if the adjusted household income is greater than
 1470  100 percent of the federal poverty level. The amount of the
 1471  premium or cost sharing shall be calculated using a sliding
 1472  scale based on the size of the family, the amount of the
 1473  parent’s adjusted gross income, and the federal poverty
 1474  guidelines. The premium and cost-sharing system developed by the
 1475  agency shall not adversely affect federal funding to the state.
 1476  After the agency receives federal approval, the Department of
 1477  Children and Families may collect income information from
 1478  parents of children who will be affected by this paragraph. The
 1479  agency shall prepare a report to include the estimated
 1480  operational cost of implementing the premium and cost-sharing
 1481  system and the estimated revenues to be collected from parents
 1482  of children in the waiver program. The report shall be delivered
 1483  to the President of the Senate and the Speaker of the House of
 1484  Representatives by June 30, 2012.
 1485         Reviser’s note.—Amended to delete obsolete provisions.
 1486         Section 50. Subsection (2) of section 409.966, Florida
 1487  Statutes, is amended to read:
 1488         409.966 Eligible plans; selection.—
 1489         (2) ELIGIBLE PLAN SELECTION.—The agency shall select a
 1490  limited number of eligible plans to participate in the Medicaid
 1491  program using invitations to negotiate in accordance with s.
 1492  287.057(1)(c) 287.057(3)(a). At least 90 days before issuing an
 1493  invitation to negotiate, the agency shall compile and publish a
 1494  databook consisting of a comprehensive set of utilization and
 1495  spending data for the 3 most recent contract years consistent
 1496  with the rate-setting periods for all Medicaid recipients by
 1497  region or county. The source of the data in the report must
 1498  include both historic fee-for-service claims and validated data
 1499  from the Medicaid Encounter Data System. The report must be
 1500  available in electronic form and delineate utilization use by
 1501  age, gender, eligibility group, geographic area, and aggregate
 1502  clinical risk score. Separate and simultaneous procurements
 1503  shall be conducted in each of the following regions:
 1504         (a) Region 1, which consists of Escambia, Okaloosa, Santa
 1505  Rosa, and Walton Counties.
 1506         (b) Region 2, which consists of Bay, Calhoun, Franklin,
 1507  Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
 1508  Madison, Taylor, Wakulla, and Washington Counties.
 1509         (c) Region 3, which consists of Alachua, Bradford, Citrus,
 1510  Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Lake,
 1511  Levy, Marion, Putnam, Sumter, Suwannee, and Union Counties.
 1512         (d) Region 4, which consists of Baker, Clay, Duval,
 1513  Flagler, Nassau, St. Johns, and Volusia Counties.
 1514         (e) Region 5, which consists of Pasco and Pinellas
 1515  Counties.
 1516         (f) Region 6, which consists of Hardee, Highlands,
 1517  Hillsborough, Manatee, and Polk Counties.
 1518         (g) Region 7, which consists of Brevard, Orange, Osceola,
 1519  and Seminole Counties.
 1520         (h) Region 8, which consists of Charlotte, Collier, DeSoto,
 1521  Glades, Hendry, Lee, and Sarasota Counties.
 1522         (i) Region 9, which consists of Indian River, Martin,
 1523  Okeechobee, Palm Beach, and St. Lucie Counties.
 1524         (j) Region 10, which consists of Broward County.
 1525         (k) Region 11, which consists of Miami-Dade and Monroe
 1526  Counties.
 1527         Reviser’s note.—Amended to conform to context. Section
 1528         287.057(1)(c) relates to invitation to negotiate; s.
 1529         287.057(3)(a) provides an exception to receiving
 1530         competitive sealed bids, competitive sealed proposals, or
 1531         competitive sealed replies when purchase price exceeds a
 1532         specified threshold.
 1533         Section 51. Paragraph (a) of subsection (3) of section
 1534  409.986, Florida Statutes, is amended to read:
 1535         409.986 Legislative findings and intent; child protection
 1536  and child welfare outcomes; definitions.—
 1537         (3) DEFINITIONS.—As used in this part, except as otherwise
 1538  provided, the term:
 1539         (a) “Care” means services of any kind which are designed to
 1540  facilitate a child remaining safely in his or her own home,
 1541  returning safely to his or her own home if he or she is removed
 1542  from the home, or obtaining an alternative permanent home if he
 1543  or she cannot remain at home or be returned home. The term
 1544  includes, but is not be limited to, prevention, diversion, and
 1545  related services.
 1546         Reviser’s note.—Amended to confirm the editorial deletion of the
 1547         word “be.”
 1548         Section 52. Paragraph (b) of subsection (4) of section
 1549  409.987, Florida Statutes, is amended to read:
 1550         409.987 Lead agency procurement.—
 1551         (4) In order to serve as a lead agency, an entity must:
 1552         (b) Be governed by a board of directors or a board
 1553  committee composed of board members. The membership of the board
 1554  of directors or board committee must be described in the bylaws
 1555  or articles of incorporation of each lead agency, which must
 1556  provide that at least 75 percent of the membership of the board
 1557  of directors or board committee must consist of persons residing
 1558  in this state, and at least 51 percent of the state residents on
 1559  the board of directors must reside within the service area of
 1560  the lead agency. However, for procurements of lead agency
 1561  contracts initiated on or after July 1, 2014:
 1562         1. At least 75 percent of the membership of the board of
 1563  directors must consist of persons residing in this state, and at
 1564  least 51 percent of the membership of the board of directors
 1565  must consist of persons residing within the service area of the
 1566  lead agency. If a board committee governs the lead agency, 100
 1567  percent of its membership must consist of persons residing
 1568  within the service area of the lead agency.
 1569         2. The powers of the board of directors or board committee
 1570  include, but are not limited to, approving the lead agency’s
 1571  budget and setting the lead agency’s operational policy and
 1572  procedures. A board of directors must additionally have the
 1573  power to hire the lead agency’s executive director, unless a
 1574  board committee governs the lead agency, in which case the board
 1575  committee must have the power to confirm the selection of the
 1576  lead agency’s executive director.
 1577         Reviser’s note.—Amended to confirm the editorial insertion of
 1578         the word “but.”
 1579         Section 53. Subsection (1) of section 430.502, Florida
 1580  Statutes, is reenacted to read:
 1581         430.502 Alzheimer’s disease; memory disorder clinics and
 1582  day care and respite care programs.—
 1583         (1) There is established:
 1584         (a) A memory disorder clinic at each of the three medical
 1585  schools in this state;
 1586         (b) A memory disorder clinic at a major private nonprofit
 1587  research-oriented teaching hospital, and may fund a memory
 1588  disorder clinic at any of the other affiliated teaching
 1589  hospitals;
 1590         (c) A memory disorder clinic at the Mayo Clinic in
 1591  Jacksonville;
 1592         (d) A memory disorder clinic at the West Florida Regional
 1593  Medical Center;
 1594         (e) A memory disorder clinic operated by Health First in
 1595  Brevard County;
 1596         (f) A memory disorder clinic at the Orlando Regional
 1597  Healthcare System, Inc.;
 1598         (g) A memory disorder center located in a public hospital
 1599  that is operated by an independent special hospital taxing
 1600  district that governs multiple hospitals and is located in a
 1601  county with a population greater than 800,000 persons;
 1602         (h) A memory disorder clinic at St. Mary’s Medical Center
 1603  in Palm Beach County;
 1604         (i) A memory disorder clinic at Tallahassee Memorial
 1605  Healthcare;
 1606         (j) A memory disorder clinic at Lee Memorial Hospital
 1607  created by chapter 63-1552, Laws of Florida, as amended;
 1608         (k) A memory disorder clinic at Sarasota Memorial Hospital
 1609  in Sarasota County;
 1610         (l) A memory disorder clinic at Morton Plant Hospital,
 1611  Clearwater, in Pinellas County; and
 1612         (m) A memory disorder clinic at Florida Atlantic
 1613  University, Boca Raton, in Palm Beach County,
 1614  
 1615  for the purpose of conducting research and training in a
 1616  diagnostic and therapeutic setting for persons suffering from
 1617  Alzheimer’s disease and related memory disorders. However,
 1618  memory disorder clinics funded as of June 30, 1995, shall not
 1619  receive decreased funding due solely to subsequent additions of
 1620  memory disorder clinics in this subsection.
 1621         Reviser’s note.—Section 4, ch. 2014-163, Laws of Florida,
 1622         amended paragraph (1)(e) but did not publish the flush left
 1623         language at the end of the subsection. Absent affirmative
 1624         evidence of legislative intent to repeal it, subsection (1)
 1625         is reenacted to confirm that the omission was not intended.
 1626         Section 54. Paragraph (a) of subsection (4) of section
 1627  456.039, Florida Statutes, is amended to read:
 1628         456.039 Designated health care professionals; information
 1629  required for licensure.—
 1630         (4)(a) An applicant for initial licensure must submit a set
 1631  of fingerprints to the Department of Health in accordance with
 1632  s. 458.311, s. 458.3115, s. 458.3124, s. 458.313, s. 459.0055,
 1633  s. 460.406, or s. 461.006.
 1634         Reviser’s note.—Amended to facilitate correct interpretation;
 1635         ss. 458.3115, 458.3124, and 458.313 do not reference the
 1636         submission of fingerprints.
 1637         Section 55. Paragraphs (h) and (i) of subsection (5) of
 1638  section 456.074, Florida Statutes, are amended to read:
 1639         456.074 Certain health care practitioners; immediate
 1640  suspension of license.—
 1641         (5) The department shall issue an emergency order
 1642  suspending the license of a massage therapist or establishment
 1643  as defined in chapter 480 upon receipt of information that the
 1644  massage therapist, a person with an ownership interest in the
 1645  establishment, or, for a corporation that has more than $250,000
 1646  of business assets in this state, the owner, officer, or
 1647  individual directly involved in the management of the
 1648  establishment has been convicted or found guilty of, or has
 1649  entered a plea of guilty or nolo contendere to, regardless of
 1650  adjudication, a felony offense under any of the following
 1651  provisions of state law or a similar provision in another
 1652  jurisdiction:
 1653         (h) Former s. Section 796.03, relating to procuring a
 1654  person under the age of 18 for prostitution.
 1655         (i) Former s. Section 796.035, relating to the selling or
 1656  buying of minors into prostitution.
 1657         Reviser’s note.—Amended to conform to the repeal of ss. 796.03
 1658         and 796.035 by s. 10, ch. 2014-160, Laws of Florida.
 1659         Section 56. Section 479.03, Florida Statutes, is amended to
 1660  read:
 1661         479.03 Jurisdiction of the Department of Transportation;
 1662  entry upon privately owned lands.—The territory under the
 1663  jurisdiction of the department for the purpose of this chapter
 1664  includes all the state. Employees, agents, or independent
 1665  contractors working for the department, in the performance of
 1666  their functions and duties under the provisions of this chapter,
 1667  may enter into and upon any land upon which a sign is displayed,
 1668  is proposed to be erected, or is being erected and make such
 1669  inspections, surveys, and removals as may be relevant. Upon
 1670  written notice to the landowner, operator, or person in charge
 1671  of any an intervening privately owned land that the removal of
 1672  an illegal outdoor advertising sign is necessary and has been
 1673  authorized by a final order or results from an uncontested
 1674  notice to the sign owner, the department may enter upon any
 1675  intervening privately owned lands for the purposes of
 1676  effectuating removal of illegal signs. The department may enter
 1677  intervening privately owned lands only in circumstances where it
 1678  has determined that other legal or economically feasible means
 1679  of entry to the sign site are not reasonably available. Except
 1680  as otherwise provided by this chapter, the department is
 1681  responsible for the repair or replacement in a like manner for
 1682  any physical damage or destruction of private property, other
 1683  than the sign, incidental to the department’s entry upon such
 1684  intervening privately owned lands.
 1685         Reviser’s note.—Amended to conform to context and facilitate
 1686         correct interpretation.
 1687         Section 57. Subsection (16) of section 479.16, Florida
 1688  Statutes, as amended by section 18 of chapter 2014-215, Laws of
 1689  Florida, and section 39 of chapter 2014-223, Laws of Florida, is
 1690  amended to read:
 1691         479.16 Signs for which permits are not required.—The
 1692  following signs are exempt from the requirement that a permit
 1693  for a sign be obtained under this chapter but are required to
 1694  comply with s. 479.11(4)-(8), and the provisions of subsections
 1695  (15)-(19) may not be implemented or continued if the Federal
 1696  Government notifies the department that implementation or
 1697  continuation will adversely affect the allocation of federal
 1698  funds to the department:
 1699         (16) Signs placed by a local tourist-oriented business
 1700  located within a rural area of opportunity critical economic
 1701  concern as defined in s. 288.0656(2) which are:
 1702         (a) Not more than 8 square feet in size or more than 4 feet
 1703  in height;
 1704         (b) Located only in rural areas on a facility that does not
 1705  meet the definition of a limited access facility, as defined in
 1706  s. 334.03;
 1707         (c) Located within 2 miles of the business location and at
 1708  least 500 feet apart;
 1709         (d) Located only in two directions leading to the business;
 1710  and
 1711         (e) Not located within the road right-of-way.
 1712  
 1713  A business placing such signs must be at least 4 miles from any
 1714  other business using this exemption and may not participate in
 1715  any other directional signage program by the department.
 1716  
 1717  If the exemptions in subsections (15)-(19) are not implemented
 1718  or continued due to notification from the Federal Government
 1719  that the allocation of federal funds to the department will be
 1720  adversely impacted, the department shall provide notice to the
 1721  sign owner that the sign must be removed within 30 days after
 1722  receipt of the notice. If the sign is not removed within 30 days
 1723  after receipt of the notice by the sign owner, the department
 1724  may remove the sign, and the costs incurred in connection with
 1725  the sign removal shall be assessed against and collected from
 1726  the sign owner.
 1727         Reviser’s note.—Amended to conform to the fact that the term
 1728         “rural area of critical economic concern” was changed to
 1729         “rural area of opportunity” in s. 288.0656 by s. 33, ch.
 1730         2014-218, Laws of Florida.
 1731         Section 58. Subsection (15) of section 479.16, Florida
 1732  Statutes, as amended by section 11 of chapter 2014-169, Laws of
 1733  Florida, is amended to read:
 1734         479.16 Signs for which permits are not required.—Signs
 1735  placed on benches, transit shelters, modular news racks, street
 1736  light poles, public pay telephones, and waste disposal
 1737  receptacles within the right-of-way, as provided under s.
 1738  337.408, are exempt from this chapter. The following signs are
 1739  exempt from the requirement that a permit be obtained under this
 1740  chapter but must comply with s. 479.11(4)-(8):
 1741         (15) Signs placed by a local tourist-oriented business
 1742  located within a rural area of opportunity critical economic
 1743  concern as defined in s. 288.0656(2) which are:
 1744         (a) Not more than 8 square feet in size or not more than 4
 1745  feet in height;
 1746         (b) Located only in rural areas on a facility that does not
 1747  meet the definition of a limited access facility as defined by
 1748  department rule;
 1749         (c) Located within 2 miles of the business location and at
 1750  least 500 feet apart;
 1751         (d) Located only in two directions leading to the business;
 1752  and
 1753         (e) Not located within the road right-of-way.
 1754  
 1755  A business placing such signs must be at least 4 miles from any
 1756  other business using this exemption and may not participate in
 1757  any other directional signage program by the department.
 1758  
 1759  The exemptions in subsections (14)-(18) may not be implemented
 1760  or continued if the Federal Government notifies the department
 1761  that implementation or continuation will adversely impact the
 1762  allocation of federal funds to the department. If the exemptions
 1763  in subsections (14)-(18) are not implemented or continued due to
 1764  notification from the Federal Government that the allocation of
 1765  federal funds to the department will be adversely impacted, the
 1766  department shall provide notice to the sign owner that the sign
 1767  must be removed within 30 days. If the sign is not removed
 1768  within 30 days after receipt of the notice by the sign owner,
 1769  the department may remove the sign, and the costs incurred in
 1770  connection with the sign removal shall be assessed against and
 1771  collected from the sign owner.
 1772         Reviser’s note.—Amended to conform to the fact that the term
 1773         “rural area of critical economic concern” was changed to
 1774         “rural area of opportunity” in s. 288.0656 by s. 33, ch.
 1775         2014-218, Laws of Florida.
 1776         Section 59. Paragraphs (h) and (i) of subsection (7) of
 1777  section 480.041, Florida Statutes, are amended to read:
 1778         480.041 Massage therapists; qualifications; licensure;
 1779  endorsement.—
 1780         (7) The board shall deny an application for a new or
 1781  renewal license if an applicant has been convicted or found
 1782  guilty of, or enters a plea of guilty or nolo contendere to,
 1783  regardless of adjudication, a felony offense under any of the
 1784  following provisions of state law or a similar provision in
 1785  another jurisdiction:
 1786         (h) Former s. Section 796.03, relating to procuring a
 1787  person under the age of 18 for prostitution.
 1788         (i) Former s. Section 796.035, relating to the selling or
 1789  buying of minors into prostitution.
 1790         Reviser’s note.—Amended to conform to the repeal of ss. 796.03
 1791         and 796.035 by s. 10, ch. 2014-160, Laws of Florida.
 1792         Section 60. Paragraphs (h) and (i) of subsection (8) of
 1793  section 480.043, Florida Statutes, are amended to read:
 1794         480.043 Massage establishments; requisites; licensure;
 1795  inspection.—
 1796         (8) The department shall deny an application for a new or
 1797  renewal license if a person with an ownership interest in the
 1798  establishment or, for a corporation that has more than $250,000
 1799  of business assets in this state, the owner, officer, or
 1800  individual directly involved in the management of the
 1801  establishment has been convicted or found guilty of, or entered
 1802  a plea of guilty or nolo contendere to, regardless of
 1803  adjudication, a felony offense under any of the following
 1804  provisions of state law or a similar provision in another
 1805  jurisdiction:
 1806         (h) Former s. Section 796.03, relating to procuring a
 1807  person under the age of 18 for prostitution.
 1808         (i) Former s. Section 796.035, relating to selling or
 1809  buying of minors into prostitution.
 1810         Reviser’s note.—Amended to conform to the repeal of ss. 796.03
 1811         and 796.035 by s. 10, ch. 2014-160, Laws of Florida.
 1812         Section 61. Paragraph (a) of subsection (7) of section
 1813  482.161, Florida Statutes, is amended to read:
 1814         482.161 Disciplinary grounds and actions; reinstatement.—
 1815         (7) The department, pursuant to chapter 120, in addition to
 1816  or in lieu of any other remedy provided by state or local law,
 1817  may impose an administrative fine in the Class II category
 1818  pursuant to s. 570.971 for a violation of this chapter or of the
 1819  rules adopted pursuant to this chapter. In determining the
 1820  amount of fine to be levied for a violation, the following
 1821  factors shall be considered:
 1822         (a) The severity of the violation, including the
 1823  probability that the death, or serious harm to the health or
 1824  safety, of any person will result or has resulted; the severity
 1825  of the actual or potential harm; and the extent to which this
 1826  chapter or of the rules adopted pursuant to this chapter were
 1827  violated;
 1828         Reviser’s note.—Amended to confirm the editorial deletion of the
 1829         word “of.”
 1830         Section 62. Subsection (7) of section 487.2031, Florida
 1831  Statutes, is amended to read:
 1832         487.2031 Definitions.—For the purposes of this part, the
 1833  term:
 1834         (7) “Retaliatory action” means an action, such as
 1835  dismissal, demotion, harassment, blacklisting with other
 1836  employers, reducing pay or work hours, or taking away company
 1837  housing, that is taken by any agricultural employer against a
 1838  worker who exercises any right under the provisions of the
 1839  United States Environmental Protection Agency Worker Protection
 1840  Standard, 40 C.F.R. s. 170.7(b) 40 C.F.R. s. 1707(b), or this
 1841  part.
 1842         Reviser’s note.—Amended to conform to context and facilitate
 1843         correct interpretation; 40 C.F.R. s. 170.7(b) references
 1844         retaliatory actions, and 40 C.F.R. s. 1707 does not exist.
 1845         Section 63. Paragraph (f) of subsection (1) of section
 1846  499.84, Florida Statutes, is amended to read:
 1847         499.84 Minimum requirements for the storage and handling of
 1848  medical gases.—
 1849         (1) A facility where a medical gas is received, stored,
 1850  warehoused, handled, held, offered, marketed, displayed, or
 1851  transported, to avoid any negative effect on the identity,
 1852  strength, quality, or purity of the medical gas, must:
 1853         (f) Be located in a commercial location and not in a
 1854  personal dwelling or residence location, except for that a
 1855  personal dwelling location used for on-call delivery of oxygen
 1856  USP for home care use if the person providing on-call delivery
 1857  is employed by or acting under a written contract with an entity
 1858  that holds a medical oxygen retailer permit;
 1859         Reviser’s note.—Amended to confirm the editorial substitution of
 1860         the word “for” for the word “that” to facilitate correct
 1861         interpretation.
 1862         Section 64. Subsection (6) of section 499.91, Florida
 1863  Statutes, is amended to read:
 1864         499.91 Prohibited acts.—A person may not perform or cause
 1865  the performance of, or aid and abet in, any of the following
 1866  acts:
 1867         (6) The knowing and willful sale or transfer of a medical
 1868  gas to a recipient who is not legally authorized to receive a
 1869  medical gas, except that a violation does not exist if a
 1870  permitted wholesale distributor provides oxygen to a permitted
 1871  medical oxygen retail establishment that is out of compliance
 1872  with the notice of location change requirements of s.
 1873  499.833(3)(a) 499.834, provided that the wholesale distributor
 1874  with knowledge of the violation notifies the department of the
 1875  transaction by the next business day.
 1876         Reviser’s note.—Amended to correct a cross-reference. Section
 1877         499.833(3)(a) references the change of location
 1878         notification requirement; s. 499.834 references minimum
 1879         qualifications for a permit.
 1880         Section 65. Paragraph (c) of subsection (1) of section
 1881  499.92, Florida Statutes, is amended to read:
 1882         499.92 Criminal acts.—
 1883         (1) A person commits a felony of the third degree,
 1884  punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
 1885  if he or she:
 1886         (c) Knowingly engages in the wholesale distribution of, or
 1887  sells, barters, brokers, or transfers, a medical gas to a person
 1888  not legally authorized to purchase or receive medical gas in the
 1889  jurisdiction in which the person receives the medical gas. A
 1890  permitted wholesale distributor that provides oxygen to a
 1891  permitted medical oxygen retail establishment that is out of
 1892  compliance with only the change of location notice requirement
 1893  under s. 499.833(3)(a) 499.834 does not commit a violation of
 1894  this paragraph if the wholesale distributor notifies the
 1895  department of the transaction no later than the next business
 1896  day; or
 1897         Reviser’s note.—Amended to correct a cross-reference. Section
 1898         499.833(3)(a) references the change of location
 1899         notification requirement; s. 499.834 references minimum
 1900         qualifications for a permit.
 1901         Section 66. Subsection (2) of section 509.032, Florida
 1902  Statutes, is reenacted to read:
 1903         509.032 Duties.—
 1904         (2) INSPECTION OF PREMISES.—
 1905         (a) The division has jurisdiction and is responsible for
 1906  all inspections required by this chapter. The division is
 1907  responsible for quality assurance. The division shall inspect
 1908  each licensed public lodging establishment at least biannually,
 1909  except for transient and nontransient apartments, which shall be
 1910  inspected at least annually. Each establishment licensed by the
 1911  division shall be inspected at such other times as the division
 1912  determines is necessary to ensure the public’s health, safety,
 1913  and welfare. The division shall, by no later than July 1, 2014,
 1914  adopt by rule a risk-based inspection frequency for each
 1915  licensed public food service establishment. The rule must
 1916  require at least one, but not more than four, routine
 1917  inspections that must be performed annually, and may include
 1918  guidelines that consider the inspection and compliance history
 1919  of a public food service establishment, the type of food and
 1920  food preparation, and the type of service. The division shall
 1921  annually reassess the inspection frequency of all licensed
 1922  public food service establishments. Public lodging units
 1923  classified as vacation rentals or timeshare projects are not
 1924  subject to this requirement but shall be made available to the
 1925  division upon request. If, during the inspection of a public
 1926  lodging establishment classified for renting to transient or
 1927  nontransient tenants, an inspector identifies vulnerable adults
 1928  who appear to be victims of neglect, as defined in s. 415.102,
 1929  or, in the case of a building that is not equipped with
 1930  automatic sprinkler systems, tenants or clients who may be
 1931  unable to self-preserve in an emergency, the division shall
 1932  convene meetings with the following agencies as appropriate to
 1933  the individual situation: the Department of Health, the
 1934  Department of Elderly Affairs, the area agency on aging, the
 1935  local fire marshal, the landlord and affected tenants and
 1936  clients, and other relevant organizations, to develop a plan
 1937  that improves the prospects for safety of affected residents
 1938  and, if necessary, identifies alternative living arrangements
 1939  such as facilities licensed under part II of chapter 400 or
 1940  under chapter 429.
 1941         (b) For purposes of performing required inspections and the
 1942  enforcement of this chapter, the division has the right of entry
 1943  and access to public lodging establishments and public food
 1944  service establishments at any reasonable time.
 1945         (c) Public food service establishment inspections shall be
 1946  conducted to enforce provisions of this part and to educate,
 1947  inform, and promote cooperation between the division and the
 1948  establishment.
 1949         (d) The division shall adopt and enforce sanitation rules
 1950  consistent with law to ensure the protection of the public from
 1951  food-borne illness in those establishments licensed under this
 1952  chapter. These rules shall provide the standards and
 1953  requirements for obtaining, storing, preparing, processing,
 1954  serving, or displaying food in public food service
 1955  establishments, approving public food service establishment
 1956  facility plans, conducting necessary public food service
 1957  establishment inspections for compliance with sanitation
 1958  regulations, cooperating and coordinating with the Department of
 1959  Health in epidemiological investigations, and initiating
 1960  enforcement actions, and for other such responsibilities deemed
 1961  necessary by the division. The division may not establish by
 1962  rule any regulation governing the design, construction,
 1963  erection, alteration, modification, repair, or demolition of any
 1964  public lodging or public food service establishment. It is the
 1965  intent of the Legislature to preempt that function to the
 1966  Florida Building Commission and the State Fire Marshal through
 1967  adoption and maintenance of the Florida Building Code and the
 1968  Florida Fire Prevention Code. The division shall provide
 1969  technical assistance to the commission in updating the
 1970  construction standards of the Florida Building Code which govern
 1971  public lodging and public food service establishments. Further,
 1972  the division shall enforce the provisions of the Florida
 1973  Building Code which apply to public lodging and public food
 1974  service establishments in conducting any inspections authorized
 1975  by this part. The division, or its agent, shall notify the local
 1976  firesafety authority or the State Fire Marshal of any readily
 1977  observable violation of a rule adopted under chapter 633 which
 1978  relates to public lodging establishments or public food
 1979  establishments, and the identification of such violation does
 1980  not require any firesafety inspection certification.
 1981         (e)1. Relating to facility plan approvals, the division may
 1982  establish, by rule, fees for conducting plan reviews and may
 1983  grant variances from construction standards in hardship cases,
 1984  which variances may be less restrictive than the provisions
 1985  specified in this section or the rules adopted under this
 1986  section. A variance may not be granted pursuant to this section
 1987  until the division is satisfied that:
 1988         a. The variance shall not adversely affect the health of
 1989  the public.
 1990         b. No reasonable alternative to the required construction
 1991  exists.
 1992         c. The hardship was not caused intentionally by the action
 1993  of the applicant.
 1994         2. The division’s advisory council shall review
 1995  applications for variances and recommend agency action. The
 1996  division shall make arrangements to expedite emergency requests
 1997  for variances, to ensure that such requests are acted upon
 1998  within 30 days of receipt.
 1999         3. The division shall establish, by rule, a fee for the
 2000  cost of the variance process. Such fee shall not exceed $150 for
 2001  routine variance requests and $300 for emergency variance
 2002  requests.
 2003         (f) In conducting inspections of establishments licensed
 2004  under this chapter, the division shall determine if each coin
 2005  operated amusement machine that is operated on the premises of a
 2006  licensed establishment is properly registered with the
 2007  Department of Revenue. Each month the division shall report to
 2008  the Department of Revenue the sales tax registration number of
 2009  the operator of any licensed establishment that has on location
 2010  a coin-operated amusement machine and that does not have an
 2011  identifying certificate conspicuously displayed as required by
 2012  s. 212.05(1)(h).
 2013         (g) In inspecting public food service establishments, the
 2014  department shall provide each inspected establishment with the
 2015  food-recovery brochure developed under s. 595.420.
 2016         Reviser’s note.—Section 2, ch. 2014-133, Laws of Florida,
 2017         amended paragraph (2)(a) but inadvertently failed to
 2018         incorporate the amendment made to the paragraph by s. 1,
 2019         ch. 2013-147, Laws of Florida, which became effective on
 2020         July 1, 2014. Since there was no intent to set aside the
 2021         amendment by s. 1, ch. 2013-147, subsection (2) is
 2022         reenacted to confirm that the omission was not intended.
 2023         Section 67. Subsection (5) of section 514.0115, Florida
 2024  Statutes, is amended to read:
 2025         514.0115 Exemptions from supervision or regulation;
 2026  variances.—
 2027         (5) The department may grant variances from any rule
 2028  adopted under this chapter pursuant to procedures adopted by
 2029  department rule. The department may also grant, pursuant to
 2030  procedures adopted by department rule, variances from the
 2031  provisions of the Florida Building Code specifically pertaining
 2032  to public swimming pools and bathing places when requested by
 2033  the pool owner or the pool owner’s their representative to
 2034  relieve hardship in cases involving deviations from the Florida
 2035  Building Code provisions, when it is shown that the hardship was
 2036  not caused intentionally by the action of the applicant, where
 2037  no reasonable alternative exists, and the health and safety of
 2038  the pool patrons is not at risk.
 2039         Reviser’s note.—Amended to conform to the immediately preceding
 2040         context.
 2041         Section 68. Paragraph (h) of subsection (2) of section
 2042  538.03, Florida Statutes, is amended to read:
 2043         538.03 Definitions; applicability.—
 2044         (2) This chapter does not apply to:
 2045         (h) Any person who sells household personal property as an
 2046  agent for the property owner or the property owner’s their
 2047  representative pursuant to a written agreement at that person’s
 2048  residence.
 2049         Reviser’s note.—Amended to conform to the immediately preceding
 2050         context.
 2051         Section 69. Subsection (8) of section 539.001, Florida
 2052  Statutes, is reenacted to read:
 2053         539.001 The Florida Pawnbroking Act.—
 2054         (8) PAWNBROKER TRANSACTION FORM.—
 2055         (a) At the time the pawnbroker enters into any pawn or
 2056  purchase transaction, the pawnbroker shall complete a pawnbroker
 2057  transaction form for such transaction, including an indication
 2058  of whether the transaction is a pawn or a purchase, and the
 2059  pledgor or seller shall sign such completed form. The agency
 2060  must approve the design and format of the pawnbroker transaction
 2061  form, which must be 8 1/2 inches x 11 inches in size and elicit
 2062  the information required under this section. In completing the
 2063  pawnbroker transaction form, the pawnbroker shall record the
 2064  following information, which must be typed or written indelibly
 2065  and legibly in English.
 2066         (b) The front of the pawnbroker transaction form must
 2067  include:
 2068         1. The name and address of the pawnshop.
 2069         2. A complete and accurate description of the pledged goods
 2070  or purchased goods, including the following information, if
 2071  applicable:
 2072         a. Brand name.
 2073         b. Model number.
 2074         c. Manufacturer’s serial number.
 2075         d. Size.
 2076         e. Color, as apparent to the untrained eye.
 2077         f. Precious metal type, weight, and content, if known.
 2078         g. Gemstone description, including the number of stones.
 2079         h. In the case of firearms, the type of action, caliber or
 2080  gauge, number of barrels, barrel length, and finish.
 2081         i. Any other unique identifying marks, numbers, names, or
 2082  letters.
 2083  
 2084  Notwithstanding sub-subparagraphs a.-i., in the case of multiple
 2085  items of a similar nature delivered together in one transaction
 2086  which do not bear serial or model numbers and which do not
 2087  include precious metal or gemstones, such as musical or video
 2088  recordings, books, and hand tools, the description of the items
 2089  is adequate if it contains the quantity of items and a
 2090  description of the type of items delivered.
 2091         3. The name, address, home telephone number, place of
 2092  employment, date of birth, physical description, and right
 2093  thumbprint of the pledgor or seller.
 2094         4. The date and time of the transaction.
 2095         5. The type of identification accepted from the pledgor or
 2096  seller, including the issuing agency and the identification
 2097  number.
 2098         6. In the case of a pawn:
 2099         a. The amount of money advanced, which must be designated
 2100  as the amount financed;
 2101         b. The maturity date of the pawn, which must be 30 days
 2102  after the date of the pawn;
 2103         c. The default date of the pawn and the amount due on the
 2104  default date;
 2105         d. The total pawn service charge payable on the maturity
 2106  date, which must be designated as the finance charge;
 2107         e. The amount financed plus the finance charge that must be
 2108  paid to redeem the pledged goods on the maturity date, which
 2109  must be designated as the total of payments;
 2110         f. The annual percentage rate, computed according to the
 2111  regulations adopted by the Federal Reserve Board under the
 2112  federal Truth in Lending Act; and
 2113         g. The front or back of the pawnbroker transaction form
 2114  must include a statement that:
 2115         (I) Any personal property pledged to a pawnbroker within
 2116  this state which is not redeemed within 30 days following the
 2117  maturity date of the pawn, if the 30th day is not a business
 2118  day, then the following business day, is automatically forfeited
 2119  to the pawnbroker, and absolute right, title, and interest in
 2120  and to the property vests in and is deemed conveyed to the
 2121  pawnbroker by operation of law, and no further notice is
 2122  necessary;
 2123         (II) The pledgor is not obligated to redeem the pledged
 2124  goods; and
 2125         (III) If the pawnbroker transaction form is lost,
 2126  destroyed, or stolen, the pledgor must immediately advise the
 2127  issuing pawnbroker in writing by certified or registered mail,
 2128  return receipt requested, or in person evidenced by a signed
 2129  receipt.
 2130         (IV) A pawn may be extended upon mutual agreement of the
 2131  parties.
 2132         7. In the case of a purchase, the amount of money paid for
 2133  the goods or the monetary value assigned to the goods in
 2134  connection with the transaction.
 2135         8. A statement that the pledgor or seller of the item
 2136  represents and warrants that it is not stolen, that it has no
 2137  liens or encumbrances against it, and that the pledgor or seller
 2138  is the rightful owner of the goods and has the right to enter
 2139  into the transaction. Any person who knowingly gives false
 2140  verification of ownership or gives a false or altered
 2141  identification and who receives money from a pawnbroker for
 2142  goods sold or pledged commits:
 2143         a. If the value of the money received is less than $300, a
 2144  felony of the third degree, punishable as provided in s.
 2145  775.082, s. 775.083, or s. 775.084.
 2146         b. If the value of the money received is $300 or more, a
 2147  felony of the second degree, punishable as provided in s.
 2148  775.082, s. 775.083, or s. 775.084.
 2149         (c) A pawnbroker transaction form must provide a space for
 2150  the imprint of the right thumbprint of the pledgor or seller and
 2151  a blank line for the signature of the pledgor or seller.
 2152         (d) At the time of the pawn or purchase transaction, the
 2153  pawnbroker shall deliver to the pledgor or seller an exact copy
 2154  of the completed pawnbroker transaction form.
 2155         Reviser’s note.—Section 17, ch. 2014-147, Laws of Florida,
 2156         purported to amend paragraphs (4)(a), (7)(b) and (d), and
 2157         (8)(b) but did not publish paragraph (8)(b). Absent
 2158         affirmative evidence of legislative intent to repeal it,
 2159         subsection (8) is reenacted to confirm that the omission
 2160         was not intended.
 2161         Section 70. Subsection (43) of section 570.07, Florida
 2162  Statutes, is amended to read:
 2163         570.07 Department of Agriculture and Consumer Services;
 2164  functions, powers, and duties.—The department shall have and
 2165  exercise the following functions, powers, and duties:
 2166         (43) In cooperation with the Institute of Food and
 2167  Agricultural Sciences at the University of Florida and the
 2168  College of Agriculture and Food Sciences at the Florida
 2169  Agricultural and Mechanical University, to annually provide to
 2170  the State Board of Education and the Department of Education
 2171  information and industry certifications for farm occupations to
 2172  be considered for placement on the CAPE Industry Certification
 2173  Funding List and the CAPE Postsecondary Industry Certification
 2174  Funding List pursuant to s. 1008.44. Information and industry
 2175  certifications provided by the department must be based upon the
 2176  best available data.
 2177         Reviser’s note.—Amended to insert the word “CAPE” to conform to
 2178         the complete names of the funding lists in s. 1008.44 as
 2179         amended by s. 12, ch. 2014-184, Laws of Florida.
 2180         Section 71. Subsection (2) of section 570.482, Florida
 2181  Statutes, is amended to read:
 2182         570.482 Citrus Inspection Trust Fund.—
 2183         (2) Funds to be credited to and uses of the trust fund
 2184  shall be administered in accordance with ss. 570.481, 573.118,
 2185  581.091, 601.28, 601.281, and 601.59, and 603.011.
 2186         Reviser’s note.—Amended to conform to the redesignation of s.
 2187         570.481 as s. 603.011 by s. 90, ch. 2014-150, Laws of
 2188         Florida.
 2189         Section 72. Paragraph (c) of subsection (1) of section
 2190  597.020, Florida Statutes, is amended to read:
 2191         597.020 Shellfish processors; regulation.—
 2192         (1) The department may:
 2193         (c) License or certify, for a fee determined by rule,
 2194  facilities used for processing oysters, clams, mussels,
 2195  scallops, and crabs, and may levy an administrative fine in the
 2196  Class I category pursuant to s. 570.971 for each violation, for
 2197  each day the violation exists, or to suspend or revoke such
 2198  licenses or certificates upon satisfactory evidence of a
 2199  violation of rules adopted pursuant to this section, and to
 2200  seize and destroy any adulterated or misbranded shellfish
 2201  products as defined by rule.
 2202         Reviser’s note.—Amended to confirm the editorial deletions of
 2203         the word “to” to improve clarity.
 2204         Section 73. Subsection (3) of section 605.0712, Florida
 2205  Statutes, is amended to read:
 2206         605.0712 Other claims against a dissolved limited liability
 2207  company.—
 2208         (3) A claim that is not barred by this section, s. 605.0711
 2209  608.0711, or another statute limiting actions, may be enforced:
 2210         (a) Against a dissolved limited liability company, to the
 2211  extent of its undistributed assets; and
 2212         (b) Except as otherwise provided in s. 605.0713, if assets
 2213  of the limited liability company have been distributed after
 2214  dissolution, against a member or transferee to the extent of
 2215  that person’s proportionate share of the claim or of the
 2216  company’s assets distributed to the member or transferee after
 2217  dissolution, whichever is less, but a person’s total liability
 2218  for all claims under this subsection may not exceed the total
 2219  amount of assets distributed to the person after dissolution.
 2220         Reviser’s note.—Amended to correct an apparent error and conform
 2221         to the fact that chapter 608, the Florida Limited Liability
 2222         Company Act, repealed by s. 5, ch. 2013-180, Laws of
 2223         Florida, did not contain a s. 608.0711. Section 2, ch.
 2224         2013-180, created the Florida Revised Limited Liability
 2225         Company Act; s. 605.0711 contains language relating to
 2226         barred claims.
 2227         Section 74. Subsection (2) of section 605.0805, Florida
 2228  Statutes, is amended to read:
 2229         605.0805 Proceeds and expenses.—
 2230         (2) If a derivative action under s. 605.0802 608.0802 is
 2231  successful in whole or in part, the court may award the
 2232  plaintiff reasonable expenses, including reasonable attorney
 2233  fees and costs, from the recovery of the limited liability
 2234  company.
 2235         Reviser’s note.—Amended to correct an apparent error and conform
 2236         to the fact that chapter 608, the Florida Limited Liability
 2237         Company Act, repealed by s. 5, ch. 2013-180, Laws of
 2238         Florida, did not contain a s. 608.0802. Section 2, ch.
 2239         2013-180, created the Florida Revised Limited Liability
 2240         Company Act; s. 605.0802 contains language relating to
 2241         derivative actions.
 2242         Section 75. Paragraph (e) of subsection (1) of section
 2243  624.523, Florida Statutes, is amended to read:
 2244         624.523 Insurance Regulatory Trust Fund.—
 2245         (1) There is created in the State Treasury a trust fund
 2246  designated “Insurance Regulatory Trust Fund” to which shall be
 2247  credited all payments received on account of the following
 2248  items:
 2249         (e) All payments received on account of items provided for
 2250  under respective provisions of s. 624.501, as follows:
 2251         1. Subsection (1) (certificate of authority of insurer).
 2252         2. Subsection (2) (charter documents of insurer).
 2253         3. Subsection (3) (annual license tax of insurer).
 2254         4. Subsection (4) (annual statement of insurer).
 2255         5. Subsection (5) (application fee for insurance
 2256  representatives).
 2257         6. The “appointment fee” portion of any appointment
 2258  provided for under paragraphs (6)(a) and (b) (insurance
 2259  representatives, property, marine, casualty and surety
 2260  insurance, and agents).
 2261         7. Paragraph (6)(c) (nonresident agents).
 2262         8. Paragraph (6)(d) (service representatives).
 2263         9. The “appointment fee” portion of any appointment
 2264  provided for under paragraph (7)(a) (life insurance agents,
 2265  original appointment, and renewal or continuation of
 2266  appointment).
 2267         10. Paragraph (7)(b) (nonresident agent license).
 2268         11. The “appointment fee” portion of any appointment
 2269  provided for under paragraph (8)(a) (health insurance agents,
 2270  agent’s appointment, and renewal or continuation fee).
 2271         12. Paragraph (8)(b) (nonresident agent appointment).
 2272         13. The “appointment fee” portion of any appointment
 2273  provided for under subsections (9) and (10) (limited licenses
 2274  and fraternal benefit society agents).
 2275         14. Subsection (11) (vending machines).
 2276         14.15. Subsection (11) (12) (surplus lines agent).
 2277         15.16. Subsection (12) (13) (adjusters’ appointment).
 2278         16.17. Subsection (13) (14) (examination fee).
 2279         17.18. Subsection (14) (15) (temporary license and
 2280  appointment as agent or adjuster).
 2281         18.19. Subsection (15) (16) (reissuance, reinstatement,
 2282  etc.).
 2283         19.20. Subsection (16) (17) (additional license
 2284  continuation fees).
 2285         20.21. Subsection (17) (18) (filing application for permit
 2286  to form insurer).
 2287         21.22. Subsection (18) (19) (license fee of rating
 2288  organization).
 2289         22.23. Subsection (19) (20) (miscellaneous services).
 2290         23.24. Subsection (20) (21) (insurance agencies).
 2291         Reviser’s note.—Amended to conform to the repeal of s.
 2292         624.501(11) by s. 2, ch. 2001-142, Laws of Florida.
 2293         Section 76. Paragraph (g) of subsection (5) of section
 2294  625.1212, Florida Statutes, is amended to read:
 2295         625.1212 Valuation of policies and contracts issued on or
 2296  after the operative date of the valuation manual.—
 2297         (5) MINIMUM STANDARD OF VALUATION.—
 2298         (g) An insurer that adopted a standard of valuation
 2299  producing greater aggregate reserves than those calculated
 2300  according to the minimum standard provided under this section
 2301  may, with the approval of the office, adopt a lower standard of
 2302  valuation, but such standard may not be lower than the minimum
 2303  provided in this subsection. For purposes of this subsection,
 2304  holding additional reserves previously determined by an
 2305  appointed actuary to be necessary to render the opinion required
 2306  by subsection (4) (3) may not be deemed to be the adoption of a
 2307  higher standard of valuation.
 2308         Reviser’s note.—Amended to correct an apparent error and
 2309         facilitate correct interpretation. The requirement that
 2310         each insurer must annually submit the opinion of a
 2311         qualified actuary is found in subsection (4). Subsection
 2312         (3) contains information on reserve valuations.
 2313         Section 77. Subsection (3) of section 626.0428, Florida
 2314  Statutes, is amended to read:
 2315         626.0428 Agency personnel powers, duties, and limitations.—
 2316         (3) An employee or an authorized representative located at
 2317  a designated branch of an agent or agency may not initiate
 2318  contact with any person for the purpose of soliciting insurance
 2319  unless licensed and appointed as an agent or customer
 2320  representative. As to title insurance, an employee of an agent
 2321  or agency may not initiate contact with any individual proposed
 2322  insured for the purpose of soliciting title insurance unless
 2323  licensed as a title insurance agent or exempt from such
 2324  licensure pursuant to s. 626.8417(4) and (5).
 2325         Reviser’s note.—Amended to conform to the redesignation of s.
 2326         626.8417(4), which contained paragraphs (a), (b), and (c),
 2327         as s. 626.8417(4), (5), and (6), respectively, by s. 7, ch.
 2328         2014-112, Laws of Florida, and to conform to context.
 2329         Former paragraphs (4)(a) and (b), now subsections (4) and
 2330         (5), contained exemptions; paragraph (4)(c), now subsection
 2331         (6), did not.
 2332         Section 78. Paragraph (d) of subsection (3) of section
 2333  627.062, Florida Statutes, is amended to read:
 2334         627.062 Rate standards.—
 2335         (3)
 2336         (d)1. The following categories or kinds of insurance and
 2337  types of commercial lines risks are not subject to paragraph
 2338  (2)(a) or paragraph (2)(f):
 2339         a. Excess or umbrella.
 2340         b. Surety and fidelity.
 2341         c. Boiler and machinery and leakage and fire extinguishing
 2342  equipment.
 2343         d. Errors and omissions.
 2344         e. Directors and officers, employment practices, fiduciary
 2345  liability, and management liability.
 2346         f. Intellectual property and patent infringement liability.
 2347         g. Advertising injury and Internet liability insurance.
 2348         h. Property risks rated under a highly protected risks
 2349  rating plan.
 2350         i. General liability.
 2351         j. Nonresidential property, except for collateral
 2352  protection insurance as defined in s. 624.6085.
 2353         k. Nonresidential multiperil.
 2354         l. Excess property.
 2355         m. Burglary and theft.
 2356         n. Medical malpractice for a facility that is not a
 2357  hospital licensed under chapter 395, a nursing home licensed
 2358  under part II of chapter 400, or an assisted living facility
 2359  licensed under part I of chapter 429.
 2360         o. Medical malpractice for a health care practitioner who
 2361  is not a dentist licensed under chapter 466, a physician
 2362  licensed under chapter 458, an osteopathic physician licensed
 2363  under chapter 459, a chiropractic physician licensed under
 2364  chapter 460, a podiatric physician licensed under chapter 461, a
 2365  pharmacist licensed under chapter 465, or a pharmacy technician
 2366  registered under chapter 465.
 2367         p. Any other commercial lines categories or kinds of
 2368  insurance or types of commercial lines risks that the office
 2369  determines should not be subject to paragraph (2)(a) or
 2370  paragraph (2)(f) because of the existence of a competitive
 2371  market for such insurance or, similarity of such insurance to
 2372  other categories or kinds of insurance not subject to paragraph
 2373  (2)(a) or paragraph (2)(f), or to improve the general
 2374  operational efficiency of the office.
 2375         2. Insurers or rating organizations shall establish and use
 2376  rates, rating schedules, or rating manuals to allow the insurer
 2377  a reasonable rate of return on insurance and risks described in
 2378  subparagraph 1. which are written in this state.
 2379         3. An insurer shall notify the office of any changes to
 2380  rates for insurance and risks described in subparagraph 1.
 2381  within 30 days after the effective date of the change. The
 2382  notice must include the name of the insurer, the type or kind of
 2383  insurance subject to rate change, and the average statewide
 2384  percentage change in rates. Actuarial data with regard to rates
 2385  for such risks must be maintained by the insurer for 2 years
 2386  after the effective date of changes to those rates and are
 2387  subject to examination by the office. The office may require the
 2388  insurer to incur the costs associated with an examination. Upon
 2389  examination, the office, in accordance with generally accepted
 2390  and reasonable actuarial techniques, shall consider the rate
 2391  factors in paragraphs (2)(b), (c), and (d) and the standards in
 2392  paragraph (2)(e) to determine if the rate is excessive,
 2393  inadequate, or unfairly discriminatory.
 2394         4. A rating organization shall notify the office of any
 2395  changes to loss cost for insurance and risks described in
 2396  subparagraph 1. within 30 days after the effective date of the
 2397  change. The notice must include the name of the rating
 2398  organization, the type or kind of insurance subject to a loss
 2399  cost change, loss costs during the immediately preceding year
 2400  for the type or kind of insurance subject to the loss cost
 2401  change, and the average statewide percentage change in loss
 2402  cost. Actuarial data with regard to changes to loss cost for
 2403  risks not subject to paragraph (2)(a) or paragraph (2)(f) must
 2404  be maintained by the rating organization for 2 years after the
 2405  effective date of the change and are subject to examination by
 2406  the office. The office may require the rating organization to
 2407  incur the costs associated with an examination. Upon
 2408  examination, the office, in accordance with generally accepted
 2409  and reasonable actuarial techniques, shall consider the rate
 2410  factors in paragraphs (2)(b)-(d) and the standards in paragraph
 2411  (2)(e) to determine if the rate is excessive, inadequate, or
 2412  unfairly discriminatory.
 2413         Reviser’s note.—Amended to improve clarity.
 2414         Section 79. Paragraph (e) of subsection (4) of section
 2415  627.745, Florida Statutes, is amended to read:
 2416         627.745 Mediation of claims.—
 2417         (4) The department shall deny an application, or suspend or
 2418  revoke its approval, of a mediator to serve in such capacity if
 2419  the department finds that one or more of the following grounds
 2420  exist:
 2421         (e) Violation of any provision of this code or of a lawful
 2422  order or rule of the department, violation of the Florida Rules
 2423  for of Certified and Court-Appointed Mediators, or aiding,
 2424  instructing, or encouraging another party in committing such a
 2425  violation.
 2426  
 2427  The department may adopt rules to administer this subsection.
 2428         Reviser’s note.—Amended to confirm the editorial substitution of
 2429         the word “for” for the word “of” to conform to the correct
 2430         name of the Florida Rules for Certified and Court-Appointed
 2431         Mediators.
 2432         Section 80. Subsection (1) of section 627.797, Florida
 2433  Statutes, is amended to read:
 2434         627.797 Exempt agent list.—
 2435         (1) Every insurer shall file with the department a list
 2436  containing the name and address of each appointed agent who is
 2437  exempt from licensure under s. 626.8417(4) and (5) and who
 2438  issues or countersigns binders, commitments, title insurance
 2439  policies, or guarantees of title.
 2440         Reviser’s note.—Amended to conform to the redesignation of s.
 2441         626.8417(4), which contained paragraphs (a), (b), and (c),
 2442         as s. 626.8417(4), (5), and (6), respectively, by s. 7, ch.
 2443         2014-112, Laws of Florida, and to conform to context.
 2444         Former paragraphs (4)(a) and (b), now subsections (4) and
 2445         (5), contained exemptions; paragraph (4)(c), now subsection
 2446         (6), did not.
 2447         Section 81. Effective October 1, 2015, paragraph (c) of
 2448  subsection (10) of section 662.121, Florida Statutes, is amended
 2449  to read:
 2450         662.121 Application for licensed family trust company;
 2451  fees.—An applicant seeking to operate as a licensed family trust
 2452  company must file an application with the office on forms
 2453  prescribed by the office, accompanied by a nonrefundable $10,000
 2454  application fee to be deposited into the Financial Institutions’
 2455  Regulatory Trust Fund pursuant to s. 655.049 for the purpose of
 2456  administering this chapter. The application must contain or be
 2457  accompanied by:
 2458         (10) A statement signed by the applicant, or by the
 2459  individual signing on behalf of the proposed licensed family
 2460  trust company, under penalty of perjury, affirming that the
 2461  following statements are true:
 2462         (c) No director, officer, manager, or member acting in a
 2463  managerial capacity has been convicted of, or pled guilty or
 2464  nolo contendere, regardless of whether adjudication of guilt is
 2465  entered by the court, to a violation of the financial
 2466  institutions codes, including s. 655.50, chapter 896, or similar
 2467  state or federal law or related rule, or to a crime involving
 2468  fraud, misrepresentation, or moral turpitude.
 2469         Reviser’s note.—Amended to confirm the editorial insertion of
 2470         the word “or.”
 2471         Section 82. Effective October 1, 2015, subsection (3) of
 2472  section 662.122, Florida Statutes, is amended to read:
 2473         662.122 Registration of a family trust company or a foreign
 2474  licensed family trust company.—
 2475         (3) The registration application required under this
 2476  section for a family trust company or and a foreign licensed
 2477  family trust company must be accompanied by a nonrefundable
 2478  registration fee of $5,000.
 2479         Reviser’s note.—Amended to conform to context and facilitate
 2480         correct interpretation.
 2481         Section 83. Effective October 1, 2015, subsection (1) of
 2482  section 662.1225, Florida Statutes, is amended to read:
 2483         662.1225 Requirements for a family trust company, licensed
 2484  family trust company, or and foreign licensed family trust
 2485  company.—
 2486         (1) A family trust company or and a licensed family trust
 2487  company shall maintain:
 2488         (a) A principal office physically located in this state
 2489  where original or true copies of all records and accounts of the
 2490  family trust company or licensed family trust company may be
 2491  accessed and made readily available for examination by the
 2492  office in accordance with this chapter. A family trust company
 2493  or licensed family trust company may also maintain one or more
 2494  branch offices within or outside of this state.
 2495         (b) A registered agent who has an office in this state at
 2496  the street address of the registered agent.
 2497         (c) All applicable state and local business licenses,
 2498  charters, and permits.
 2499         (d) A deposit account with a state-chartered or national
 2500  financial institution that has a principal or branch office in
 2501  this state.
 2502         Reviser’s note.—Amended to conform to context and facilitate
 2503         correct interpretation.
 2504         Section 84. Effective October 1, 2015, subsection (1) of
 2505  section 662.130, Florida Statutes, is amended to read:
 2506         662.130 Powers of family trust companies, licensed family
 2507  trust companies, and foreign licensed family trust companies.—
 2508         (1) A family trust company or and a licensed family trust
 2509  company may, for its eligible members and individuals:
 2510         (a) Act as a sole or copersonal representative, executor,
 2511  or curator for probate estates being administered in a state or
 2512  jurisdiction other than this state.
 2513         (b) Act as an attorney in fact or agent under a power of
 2514  attorney, other than a power of attorney governed by chapter
 2515  709.
 2516         (c) Except as provided in s. 662.131, act within or outside
 2517  this state as a sole fiduciary or cofiduciary, including acting
 2518  as a trustee, advisory agent, assignee, assignee for the benefit
 2519  of creditors, authenticating agent, bailee, bond or indenture
 2520  trustee, conservator, conversion agent, custodian, escrow agent,
 2521  fiscal or paying agent, financial advisor, guardian, investment
 2522  advisor or manager, managing agent, purchase agent, receiver,
 2523  registrar, safekeeping or subscription agent, transfer agent,
 2524  except for public companies, warrant agent, or similar
 2525  capacities generally performed by corporate trustees, and in so
 2526  acting possess, purchase, sell, invest, reinvest, safekeep, or
 2527  otherwise manage or administer the real or personal property of
 2528  eligible members and individuals.
 2529         (d) Exercise the powers of a corporation or limited
 2530  liability company incorporated or organized under the laws of
 2531  this state, or qualified to transact business as a foreign
 2532  corporation or limited liability company under the laws of this
 2533  state, which are reasonably necessary to enable it to fully
 2534  exercise, in accordance with commonly accepted customs and
 2535  usages, a power conferred under this chapter.
 2536         (e) Delegate duties and powers, including investment
 2537  functions under s. 518.112, in accordance with the powers
 2538  granted to a trustee under chapter 736 or other applicable law,
 2539  and retain agents, attorneys, accountants, investment advisers,
 2540  or other individuals or entities to advise or assist the family
 2541  trust company, licensed family trust company, or foreign
 2542  licensed family trust company in the exercise of its powers and
 2543  duties under this chapter and chapter 736. Such exercise of
 2544  power may include, but is not limited to, retaining a bank trust
 2545  department, or a public trust company, other than another family
 2546  trust company, licensed family trust company, or foreign
 2547  licensed family trust company.
 2548         (f) Perform all acts necessary for exercising the powers
 2549  enumerated in this section or authorized by this chapter and
 2550  other applicable laws of this state.
 2551         Reviser’s note.—Amended to conform to context and facilitate
 2552         correct interpretation.
 2553         Section 85. Effective October 1, 2015, subsection (1) of
 2554  section 662.141, Florida Statutes, is amended to read:
 2555         662.141 Examination, investigations, and fees.—The office
 2556  may conduct an examination or investigation of a family trust
 2557  company, licensed family trust company, or foreign licensed
 2558  family trust company at any time it deems necessary to determine
 2559  whether a family trust company, licensed family trust company,
 2560  foreign licensed family trust company, or family trust company
 2561  affiliated person has violated or is about to violate any
 2562  provision of this chapter or rules adopted by the commission
 2563  pursuant to this chapter, or any applicable provision of the
 2564  financial institution codes or rules adopted by the commission
 2565  pursuant to such codes.
 2566         (1) The office shall conduct an examination of a licensed
 2567  family trust company, family trust company, or and foreign
 2568  licensed family trust company at least once every 18 months.
 2569         Reviser’s note.—Amended to conform to context and facilitate
 2570         correct interpretation.
 2571         Section 86. Effective October 1, 2015, subsection (1) of
 2572  section 662.146, Florida Statutes, is amended to read:
 2573         662.146 Confidentiality of books and records.—
 2574         (1) The books and records of a family trust company,
 2575  licensed family trust company, or and foreign licensed family
 2576  trust company are confidential and shall be made available for
 2577  inspection and examination only:
 2578         (a) To the office or its authorized representative;
 2579         (b) To any person authorized to act for the company;
 2580         (c) As compelled by a court, pursuant to a subpoena issued
 2581  pursuant to the Florida Rules of Civil Procedure, the Florida
 2582  Rules of Criminal Procedure, or the Federal Rules of Civil
 2583  Procedure or pursuant to a subpoena issued in accordance with
 2584  state or federal law. Before the production of the books and
 2585  records of a family trust company, licensed family trust
 2586  company, or foreign licensed family trust company, the party
 2587  seeking production must reimburse the company for the reasonable
 2588  costs and fees incurred in compliance with the production. If
 2589  the parties disagree regarding the amount of reimbursement, the
 2590  party seeking the records may request the court having
 2591  jurisdiction to set the amount of reimbursement;
 2592         (d) Pursuant to a subpoena, to any federal or state law
 2593  enforcement or prosecutorial instrumentality authorized to
 2594  investigate suspected criminal activity;
 2595         (e) As authorized by the board of directors, if in
 2596  corporate form, or the managers, if in limited liability company
 2597  form; or
 2598         (f) As provided in subsection (2).
 2599         Reviser’s note.—Amended to conform to context and facilitate
 2600         correct interpretation.
 2601         Section 87. Effective October 1, 2015, subsection (1) of
 2602  section 662.147, Florida Statutes, is amended to read:
 2603         662.147 Records relating to the office examination; limited
 2604  restrictions on public access.—
 2605         (1) A family trust company, licensed family trust company,
 2606  or and foreign licensed family trust company shall keep at the
 2607  office it is required to maintain pursuant to s. 662.1225 full
 2608  and complete records of the names and residences of all the
 2609  shareholders or members of the trust company and the number of
 2610  shares or membership units held by each, as applicable, as well
 2611  as the ownership percentage of each shareholder or member, as
 2612  the case may be. The records are subject to the inspection of
 2613  all the shareholders or members of the trust company, and the
 2614  officers authorized to assess taxes under state authority,
 2615  during the normal business hours of the trust company. A current
 2616  list of shareholders or members shall be made available to the
 2617  office’s examiners for their inspection and, upon the request of
 2618  the office, shall be submitted to the office.
 2619         Reviser’s note.—Amended to conform to context and facilitate
 2620         correct interpretation.
 2621         Section 88. Subsection (1) of section 680.528, Florida
 2622  Statutes, is amended to read:
 2623         680.528 Lessor’s damages for nonacceptance or repudiation.—
 2624         (1) Except as otherwise provided with respect to damages
 2625  liquidated in the lease agreement (s. 680.504) or otherwise
 2626  determined pursuant to agreement of the parties (ss. 671.102(2)
 2627  and 680.503 580.503), if a lessor elects to retain the goods or
 2628  a lessor elects to dispose of the goods and the disposition is
 2629  by lease agreement that for any reason does not qualify for
 2630  treatment under s. 680.527(2), or is by sale or otherwise, the
 2631  lessor may recover from the lessee as damages a default of the
 2632  type described in s. 680.523(1) or (3)(a), or if agreed, for
 2633  other default of the lessee:
 2634         (a) Accrued and unpaid rent as of the date of default if
 2635  the lessee has never taken possession of the goods, or, if the
 2636  lessee has taken possession of the goods, as of the date the
 2637  lessor repossesses the goods or an earlier date on which the
 2638  lessee makes a tender of the goods to the lessor.
 2639         (b) The present value as of the date determined under
 2640  paragraph (a) of the total rent for the then remaining lease
 2641  term of the original lease agreement minus the present value as
 2642  of the same date of the market rent at the place where the goods
 2643  were located on that date computed for the same lease term.
 2644         (c) Any incidental damages allowed under s. 680.53, less
 2645  expenses saved in consequence of the lessee’s default.
 2646         Reviser’s note.—Amended to correct an erroneous reference.
 2647         Section 580.503 does not exist; s. 680.503 relates to
 2648         modification or impairment of rights and remedies relating
 2649         to lease agreements.
 2650         Section 89. Subsection (6) of section 718.116, Florida
 2651  Statutes, is reenacted to read:
 2652         718.116 Assessments; liability; lien and priority;
 2653  interest; collection.—
 2654         (6)(a) The association may bring an action in its name to
 2655  foreclose a lien for assessments in the manner a mortgage of
 2656  real property is foreclosed and may also bring an action to
 2657  recover a money judgment for the unpaid assessments without
 2658  waiving any claim of lien. The association is entitled to
 2659  recover its reasonable attorney’s fees incurred in either a lien
 2660  foreclosure action or an action to recover a money judgment for
 2661  unpaid assessments.
 2662         (b) No foreclosure judgment may be entered until at least
 2663  30 days after the association gives written notice to the unit
 2664  owner of its intention to foreclose its lien to collect the
 2665  unpaid assessments. The notice must be in substantially the
 2666  following form:
 2667  
 2668                        DELINQUENT ASSESSMENT                      
 2669  
 2670         This letter is to inform you a Claim of Lien has been
 2671         filed against your property because you have not paid
 2672         the ...(type of assessment)... assessment to ...(name
 2673         of association).... The association intends to
 2674         foreclose the lien and collect the unpaid amount
 2675         within 30 days of this letter being provided to you.
 2676  
 2677         You owe the interest accruing from ...(month/year)...
 2678         to the present. As of the date of this letter, the
 2679         total amount due with interest is $..... All costs of
 2680         any action and interest from this day forward will
 2681         also be charged to your account.
 2682  
 2683         Any questions concerning this matter should be
 2684         directed to ...(insert name, addresses, and telephone
 2685         numbers of association representative)....
 2686  
 2687  If this notice is not given at least 30 days before the
 2688  foreclosure action is filed, and if the unpaid assessments,
 2689  including those coming due after the claim of lien is recorded,
 2690  are paid before the entry of a final judgment of foreclosure,
 2691  the association shall not recover attorney’s fees or costs. The
 2692  notice must be given by delivery of a copy of it to the unit
 2693  owner or by certified or registered mail, return receipt
 2694  requested, addressed to the unit owner at his or her last known
 2695  address; and, upon such mailing, the notice shall be deemed to
 2696  have been given, and the court shall proceed with the
 2697  foreclosure action and may award attorney’s fees and costs as
 2698  permitted by law. The notice requirements of this subsection are
 2699  satisfied if the unit owner records a notice of contest of lien
 2700  as provided in subsection (5). The notice requirements of this
 2701  subsection do not apply if an action to foreclose a mortgage on
 2702  the condominium unit is pending before any court; if the rights
 2703  of the association would be affected by such foreclosure; and if
 2704  actual, constructive, or substitute service of process has been
 2705  made on the unit owner.
 2706         (c) If the unit owner remains in possession of the unit
 2707  after a foreclosure judgment has been entered, the court, in its
 2708  discretion, may require the unit owner to pay a reasonable
 2709  rental for the unit. If the unit is rented or leased during the
 2710  pendency of the foreclosure action, the association is entitled
 2711  to the appointment of a receiver to collect the rent. The
 2712  expenses of the receiver shall be paid by the party which does
 2713  not prevail in the foreclosure action.
 2714         (d) The association has the power to purchase the
 2715  condominium parcel at the foreclosure sale and to hold, lease,
 2716  mortgage, or convey it.
 2717         Reviser’s note.—Section 3, ch. 2014-146, Laws of Florida,
 2718         purported to amend subsection (6) but did not publish
 2719         paragraphs (c) and (d). Absent affirmative evidence of
 2720         legislative intent to repeal them, subsection (6) is
 2721         reenacted to confirm that the omission was not intended.
 2722         Section 90. Subsection (4) of section 721.13, Florida
 2723  Statutes, is amended to read:
 2724         721.13 Management.—
 2725         (4) The managing entity shall maintain among its records
 2726  and provide to the division upon request a complete list of the
 2727  names and addresses of all purchasers and owners of timeshare
 2728  units in the timeshare plan. The managing entity shall update
 2729  this list no less frequently than quarterly. Pursuant to
 2730  paragraph (3)(d), the managing entity may not publish this
 2731  owner’s list or provide a copy of it to any purchaser or to any
 2732  third party other than the division. However, the managing
 2733  entity shall mail to those persons listed on the owner’s list
 2734  materials provided by any purchaser, upon the written request of
 2735  that purchaser, if the purpose of the mailing is to advance
 2736  legitimate owners’ association business, such as a proxy
 2737  solicitation for any purpose, including the recall of one or
 2738  more board members elected by the owners or the discharge of the
 2739  manager or management firm. The use of any proxies solicited in
 2740  this manner must comply with the provisions of the timeshare
 2741  instrument and this chapter. A mailing requested for the purpose
 2742  of advancing legitimate owners’ association business shall occur
 2743  within 30 days after receipt of a request from a purchaser. The
 2744  board of administration of the owners’ association shall be
 2745  responsible for determining the appropriateness of any mailing
 2746  requested pursuant to this subsection. The purchaser who
 2747  requests the mailing must reimburse the owners’ association in
 2748  advance for the owners’ association’s actual costs in performing
 2749  the mailing. It shall be a violation of this chapter and, if
 2750  applicable, of part VIII of chapter 468, for the board of
 2751  administration or the manager or management firm to refuse to
 2752  mail any material requested by the purchaser to be mailed,
 2753  provided the sole purpose of the materials is to advance
 2754  legitimate owners’ association business. If the purpose of the
 2755  mailing is a proxy solicitation to recall one or more board
 2756  members elected by the owners or to discharge the manager or
 2757  management firm and the managing entity does not mail the
 2758  materials within 30 days after receipt of a request from a
 2759  purchaser, the circuit court in the county where the timeshare
 2760  plan is located may, upon application from the requesting
 2761  purchaser, summarily order the mailing of the materials solely
 2762  related to the recall of one or more board members elected by
 2763  the owners or the discharge of the manager or management firm.
 2764  The court shall dispose of an application on an expedited basis.
 2765  In the event of such an order, the court may order the managing
 2766  entity to pay the purchaser’s costs, including attorney’s fees
 2767  reasonably incurred to enforce the purchaser’s rights, unless
 2768  the managing entity can prove it refused the mailing in good
 2769  faith because of a reasonable basis for doubt about the
 2770  legitimacy of the mailing.
 2771         Reviser’s note.—Amended to correct an apparent error and
 2772         facilitate correct interpretation. This section was amended
 2773         by s. 20 of Committee Substitute for Committee Substitute
 2774         for House Bill 593, which became ch. 2000-302, Laws of
 2775         Florida. Committee Substitute for Senate Bill 908, a
 2776         similar bill that did not pass during the 2000 Regular
 2777         Session, also amended this section. Both bills struck the
 2778         phrase “initiate a mailing” after the word “shall,” but
 2779         only Committee Substitute for Senate Bill 908 added the
 2780         word “mail” to replace the phrase. That change was not
 2781         carried over to Committee Substitute for Committee
 2782         Substitute for House Bill 593, which became ch. 2000-302.
 2783         Section 91. Paragraph (b) of subsection (1) and subsection
 2784  (2) of section 775.0862, Florida Statutes, are amended to read:
 2785         775.0862 Sexual offenses against students by authority
 2786  figures; reclassification.—
 2787         (1) As used in this section, the term:
 2788         (b) “School” has the same meaning as provided in s. 1003.01
 2789  and includes a private school as defined in s. 1002.01, a
 2790  voluntary prekindergarten education program as described in s.
 2791  1002.53(3), early learning programs, a public school as
 2792  described in s. 402.3025(1), the Florida School for the Deaf and
 2793  the Blind, and the Florida Virtual School established under s.
 2794  1002.37, and a K-8 Virtual School established under s. 1002.415.
 2795  The term does not include facilities dedicated exclusively to
 2796  the education of adults.
 2797         (2) The felony degree of a violation of an offense listed
 2798  in s. 943.0435(1)(a)1.a., unless the offense is a violation of
 2799  s. 794.011(4)(e)7. 794.011(4)(g) or s. 810.145(8)(a)2., shall be
 2800  reclassified as provided in this section if the offense is
 2801  committed by an authority figure of a school against a student
 2802  of the school.
 2803         Reviser’s note.—Paragraph (1)(b) is amended to conform to the
 2804         repeal of s. 1002.415 by s. 29, ch. 2014-39, Laws of
 2805         Florida. Subsection (2) is amended to conform to the
 2806         redesignation of s. 794.011(4)(g) as s. 794.011(4)(e)7. by
 2807         s. 3, ch. 2014-4, Laws of Florida.
 2808         Section 92. Paragraph (d) of subsection (10) of section
 2809  775.21, Florida Statutes, is amended to read:
 2810         775.21 The Florida Sexual Predators Act.—
 2811         (10) PENALTIES.—
 2812         (d) A sexual predator who commits any act or omission in
 2813  violation of this section may be prosecuted for the act or
 2814  omission in the county in which the act or omission was
 2815  committed, in the county of the last registered address of the
 2816  sexual predator, in the county in which the conviction occurred
 2817  for the offense or offenses that meet the criteria for
 2818  designating a person as a sexual predator, in the county where
 2819  the sexual predator was released from incarceration, or in the
 2820  county of the intended address of the sexual predator as
 2821  reported by the predator prior to his or her release from
 2822  incarceration. In addition, a sexual predator may be prosecuted
 2823  for any such act or omission in the county in which he or she
 2824  was designated a sexual predator.
 2825         Reviser’s note.—Amended to conform to context.
 2826         Section 93. Section 775.25, Florida Statutes, is amended to
 2827  read:
 2828         775.25 Prosecutions for acts or omissions.—A sexual
 2829  predator or sexual offender who commits any act or omission in
 2830  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 2831  944.607, or former s. 947.177 may be prosecuted for the act or
 2832  omission in the county in which the act or omission was
 2833  committed, in the county of the last registered address of the
 2834  sexual predator or sexual offender, in the county in which the
 2835  conviction occurred for the offense or offenses that meet the
 2836  criteria for designating a person as a sexual predator or sexual
 2837  offender, in the county where the sexual predator or sexual
 2838  offender was released from incarceration, or in the county of
 2839  the intended address of the sexual predator or sexual offender
 2840  as reported by the predator or offender prior to his or her
 2841  release from incarceration. In addition, a sexual predator may
 2842  be prosecuted for any such act or omission in the county in
 2843  which he or she was designated a sexual predator.
 2844         Reviser’s note.—Amended to conform to context.
 2845         Section 94. Subsection (1) of section 784.078, Florida
 2846  Statutes, is amended to read:
 2847         784.078 Battery of facility employee by throwing, tossing,
 2848  or expelling certain fluids or materials.—
 2849         (1) As used in this section, the term “facility” means a
 2850  state correctional institution defined in s. 944.02(8)
 2851  944.02(6); a private correctional facility defined in s. 944.710
 2852  or under chapter 957; a county, municipal, or regional jail or
 2853  other detention facility of local government under chapter 950
 2854  or chapter 951; or a secure facility operated and maintained by
 2855  the Department of Corrections or the Department of Juvenile
 2856  Justice.
 2857         Reviser’s note.—Amended to correct an erroneous reference.
 2858         Section 944.02(8) defines “state correctional institution;”
 2859         s. 944.02(6) defines “prisoner.”
 2860         Section 95. Paragraph (a) of subsection (3) of section
 2861  787.02, Florida Statutes, is amended to read:
 2862         787.02 False imprisonment; false imprisonment of child
 2863  under age 13, aggravating circumstances.—
 2864         (3)(a) A person who commits the offense of false
 2865  imprisonment upon a child under the age of 13 and who, in the
 2866  course of committing the offense, commits any offense enumerated
 2867  in subparagraphs 1.-5., commits a felony of the first degree,
 2868  punishable by imprisonment for a term of years not exceeding
 2869  life or as provided in s. 775.082, s. 775.083, or s. 775.084.
 2870         1. Aggravated child abuse, as defined in s. 827.03;
 2871         2. Sexual battery, as defined in chapter 794, against the
 2872  child;
 2873         3. Lewd or lascivious battery, lewd or lascivious
 2874  molestation, lewd or lascivious conduct, or lewd or lascivious
 2875  exhibition, in violation of s. 800.04 or s. 847.0135(5);
 2876         4. A violation of former s. 796.03 or s. 796.04, relating
 2877  to prostitution, upon the child;
 2878         5. Exploitation of the child or allowing the child to be
 2879  exploited, in violation of s. 450.151; or
 2880         6. A violation of s. 787.06(3)(g) 878.06(3)(g) relating to
 2881  human trafficking.
 2882         Reviser’s note.—Amended to correct an apparent typographical
 2883         error and conform to context. Section 20, ch. 2014-160,
 2884         Laws of Florida, added subparagraph 6. with the cross
 2885         reference to s. 878.06(3)(g); s. 878.06 does not exist.
 2886         Section 19, ch. 2014-160, amended s. 787.01(3)(a) to add a
 2887         subparagraph 6., with similar language and context as
 2888         subparagraph 6. in this section, relating to human
 2889         trafficking with a cross-reference to s. 787.06(3)(g); s.
 2890         787.06 relates to human trafficking.
 2891         Section 96. Paragraph (g) of subsection (3) of section
 2892  787.06, Florida Statutes, is amended to read:
 2893         787.06 Human trafficking.—
 2894         (3) Any person who knowingly, or in reckless disregard of
 2895  the facts, engages in human trafficking, or attempts to engage
 2896  in human trafficking, or benefits financially by receiving
 2897  anything of value from participation in a venture that has
 2898  subjected a person to human trafficking:
 2899         (g) For commercial sexual activity in which any child under
 2900  the age of 18, or in which any person who is mentally defective
 2901  or mentally incapacitated as those terms are defined in s.
 2902  794.011(1), is involved commits a life felony, punishable as
 2903  provided in s. 775.082(3)(a)6. 775.082(3)(a)5., s. 775.083, or
 2904  s. 775.084.
 2905  
 2906  For each instance of human trafficking of any individual under
 2907  this subsection, a separate crime is committed and a separate
 2908  punishment is authorized.
 2909         Reviser’s note.—Amended to conform to the editorial substitution
 2910         of a reference to s. 775.082(3)(a)6. for a reference to s.
 2911         775.082(3)(a)5. Section 1, ch. 2014-220, Laws of Florida,
 2912         and s. 8, ch. 2014-160, Laws of Florida, added new
 2913         subparagraph 5. language to paragraph (a); the added
 2914         language by the two acts was different in substance, and
 2915         the subparagraph 5. added by s. 8, ch. 2014-160, which is
 2916         the same law that added the reference to s. 775.082(3)(a)5.
 2917         here, was redesignated as subparagraph 6. by the editors.
 2918         Section 97. Paragraph (g) of subsection (6) of section
 2919  921.1402, Florida Statutes, is amended to read:
 2920         921.1402 Review of sentences for persons convicted of
 2921  specified offenses committed while under the age of 18 years.—
 2922         (6) Upon receiving an application from an eligible juvenile
 2923  offender, the court of original sentencing jurisdiction shall
 2924  hold a sentence review hearing to determine whether the juvenile
 2925  offender’s sentence should be modified. When determining if it
 2926  is appropriate to modify the juvenile offender’s sentence, the
 2927  court shall consider any factor it deems appropriate, including
 2928  all of the following:
 2929         (g) Whether the juvenile offender has successfully obtained
 2930  a high school equivalency diploma general educational
 2931  development certificate or completed another educational,
 2932  technical, work, vocational, or self-rehabilitation program, if
 2933  such a program is available.
 2934         Reviser’s note.—Amended to conform to the fact that the term
 2935         “general educational development certificate” was changed
 2936         to “high school equivalency diploma” in existing Florida
 2937         Statutes text by ch. 2014-20, Laws of Florida, pursuant to
 2938         s. 38, ch. 2013-51, Laws of Florida.
 2939         Section 98. Subsection (2) of section 940.031, Florida
 2940  Statutes, is amended to read:
 2941         940.031 Clemency counsel when sentence of death imposed.—
 2942         (2) The appointed attorney shall be compensated by the
 2943  board, not to exceed $10,000, for attorney fees and costs
 2944  incurred in representing the person for relief by executive
 2945  clemency, with compensation to be paid out of the General
 2946  Revenue Fund from funds budgeted to the Florida Parole
 2947  Commission on Offender Review.
 2948         Reviser’s note.—Amended to conform to the renaming of the Parole
 2949         Commission as the Florida Commission on Offender Review by
 2950         ch. 2014-191, Laws of Florida.
 2951         Section 99. Paragraph (b) of subsection (9) of section
 2952  943.0435, Florida Statutes, is amended to read:
 2953         943.0435 Sexual offenders required to register with the
 2954  department; penalty.—
 2955         (9)
 2956         (b) A sexual offender who commits any act or omission in
 2957  violation of this section may be prosecuted for the act or
 2958  omission in the county in which the act or omission was
 2959  committed, in the county of the last registered address of the
 2960  sexual offender, in the county in which the conviction occurred
 2961  for the offense or offenses that meet the criteria for
 2962  designating a person as a sexual offender, in the county where
 2963  the sexual offender was released from incarceration, or in the
 2964  county of the intended address of the sexual offender as
 2965  reported by the offender prior to his or her release from
 2966  incarceration.
 2967         Reviser’s note.—Amended to conform to context.
 2968         Section 100. Paragraph (b) of subsection (4) of section
 2969  944.275, Florida Statutes, is amended to read:
 2970         944.275 Gain-time.—
 2971         (4)
 2972         (b) For each month in which an inmate works diligently,
 2973  participates in training, uses time constructively, or otherwise
 2974  engages in positive activities, the department may grant
 2975  incentive gain-time in accordance with this paragraph. The rate
 2976  of incentive gain-time in effect on the date the inmate
 2977  committed the offense which resulted in his or her incarceration
 2978  shall be the inmate’s rate of eligibility to earn incentive
 2979  gain-time throughout the period of incarceration and shall not
 2980  be altered by a subsequent change in the severity level of the
 2981  offense for which the inmate was sentenced.
 2982         1. For sentences imposed for offenses committed prior to
 2983  January 1, 1994, up to 20 days of incentive gain-time may be
 2984  granted. If granted, such gain-time shall be credited and
 2985  applied monthly.
 2986         2. For sentences imposed for offenses committed on or after
 2987  January 1, 1994, and before October 1, 1995:
 2988         a. For offenses ranked in offense severity levels 1 through
 2989  7, under former s. 921.0012 or former s. 921.0013, up to 25 days
 2990  of incentive gain-time may be granted. If granted, such gain
 2991  time shall be credited and applied monthly.
 2992         b. For offenses ranked in offense severity levels 8, 9, and
 2993  10, under former s. 921.0012 or former s. 921.0013, up to 20
 2994  days of incentive gain-time may be granted. If granted, such
 2995  gain-time shall be credited and applied monthly.
 2996         3. For sentences imposed for offenses committed on or after
 2997  October 1, 1995, the department may grant up to 10 days per
 2998  month of incentive gain-time, except that no prisoner is
 2999  eligible to earn any type of gain-time in an amount that would
 3000  cause a sentence to expire, end, or terminate, or that would
 3001  result in a prisoner’s release, prior to serving a minimum of 85
 3002  percent of the sentence imposed. For purposes of this
 3003  subparagraph, credits awarded by the court for time physically
 3004  incarcerated shall be credited toward satisfaction of 85 percent
 3005  of the sentence imposed. Except as provided by this section, a
 3006  prisoner shall not accumulate further gain-time awards at any
 3007  point when the tentative release date is the same as that date
 3008  at which the prisoner will have served 85 percent of the
 3009  sentence imposed. State prisoners sentenced to life imprisonment
 3010  shall be incarcerated for the rest of their natural lives,
 3011  unless granted pardon or clemency.
 3012         Reviser’s note.—Amended to provide clarity and facilitate
 3013         correct interpretation. Sections 921.0012 and 921.0013 were
 3014         repealed by s. 21, ch. 2009-20, Laws of Florida.
 3015         Section 101. Paragraph (b) of subsection (3) of section
 3016  960.03, Florida Statutes, is amended to read:
 3017         960.03 Definitions; ss. 960.01-960.28.—As used in ss.
 3018  960.01-960.28, unless the context otherwise requires, the term:
 3019         (3) “Crime” means:
 3020         (b) A violation of s. 316.193, s. 316.027(2) 316.027(1), s.
 3021  327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
 3022  physical injury or death; however, an act involving the
 3023  operation of a motor vehicle, boat, or aircraft which results in
 3024  injury or death does not constitute a crime for the purpose of
 3025  this chapter unless the injury or death was intentionally
 3026  inflicted through the use of the vehicle, boat, or aircraft.
 3027         Reviser’s note.—Amended to conform to the redesignation of s.
 3028         316.027(1) as s. 316.027(2) by s. 2, ch. 2014-225, Laws of
 3029         Florida.
 3030         Section 102. Subsection (5) of section 960.065, Florida
 3031  Statutes, is amended to read:
 3032         960.065 Eligibility for awards.—
 3033         (5) A person is not ineligible for an award pursuant to
 3034  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 3035  person is a victim of sexual exploitation of a child as defined
 3036  in s. 39.01(69)(g) 39.01(68)(g).
 3037         Reviser’s note.—Amended to confirm the editorial substitution of
 3038         a reference to s. 39.01(69)(g) for a reference to s.
 3039         39.01(68)(g). Sexual exploitation of a child is defined in
 3040         s. 39.01(69)(g). “Secretary” is defined in s. 39.01(68),
 3041         which has no paragraphs.
 3042         Section 103. Paragraph (b) of subsection (1) of section
 3043  961.06, Florida Statutes, is amended to read:
 3044         961.06 Compensation for wrongful incarceration.—
 3045         (1) Except as otherwise provided in this act and subject to
 3046  the limitations and procedures prescribed in this section, a
 3047  person who is found to be entitled to compensation under the
 3048  provisions of this act is entitled to:
 3049         (b) A waiver of tuition and fees for up to 120 hours of
 3050  instruction at any career center established under s. 1001.44,
 3051  any Florida College System institution community college as
 3052  defined in s. 1000.21(3), or any state university as defined in
 3053  s. 1000.21(6), if the wrongfully incarcerated person meets and
 3054  maintains the regular admission requirements of such career
 3055  center, Florida College System institution community college, or
 3056  state university; remains registered at such educational
 3057  institution; and makes satisfactory academic progress as defined
 3058  by the educational institution in which the claimant is
 3059  enrolled;
 3060  
 3061  The total compensation awarded under paragraphs (a), (c), and
 3062  (d) may not exceed $2 million. No further award for attorney’s
 3063  fees, lobbying fees, costs, or other similar expenses shall be
 3064  made by the state.
 3065         Reviser’s note.—Amended to conform to context. Referenced s.
 3066         1000.21(3) defines “Florida College System institution,”
 3067         not “community college.” Chapters 2008-52 and 2009-228,
 3068         Laws of Florida, transitioned references from community
 3069         colleges to Florida College System institutions.
 3070         Section 104. Paragraph (a) of subsection (5) of section
 3071  985.0301, Florida Statutes, is amended to read:
 3072         985.0301 Jurisdiction.—
 3073         (5)(a) Notwithstanding s. 743.07, and except as provided in
 3074  paragraph (b), when the jurisdiction of any child who is alleged
 3075  to have committed a delinquent act or violation of law is
 3076  obtained, the court shall retain jurisdiction to dispose of a
 3077  case, unless relinquished by its order, until the child reaches
 3078  19 years of age, with the same power over the child which the
 3079  court had before the child became an adult.
 3080         Reviser’s note.—Amended to confirm the editorial insertion of
 3081         the word “of.”
 3082         Section 105. Subsection (5) of section 985.265, Florida
 3083  Statutes, is amended to read:
 3084         985.265 Detention transfer and release; education; adult
 3085  jails.—
 3086         (5) The court shall order the delivery of a child to a jail
 3087  or other facility intended or used for the detention of adults:
 3088         (a) When the child has been transferred or indicted for
 3089  criminal prosecution as an adult under part X, except that the
 3090  court may not order or allow a child alleged to have committed a
 3091  misdemeanor who is being transferred for criminal prosecution
 3092  pursuant to either s. 985.556 or s. 985.557 to be detained or
 3093  held in a jail or other facility intended or used for the
 3094  detention of adults; however, such child may be held temporarily
 3095  in a detention facility; or
 3096         (b) When a child taken into custody in this state is wanted
 3097  by another jurisdiction for prosecution as an adult.
 3098  
 3099  The child shall be housed separately from adult inmates to
 3100  prohibit a child from having regular contact with incarcerated
 3101  adults, including trusties trustees. “Regular contact” means
 3102  sight and sound contact. Separation of children from adults
 3103  shall permit no more than haphazard or accidental contact. The
 3104  receiving jail or other facility shall contain a separate
 3105  section for children and shall have an adequate staff to
 3106  supervise and monitor the child’s activities at all times.
 3107  Supervision and monitoring of children includes physical
 3108  observation and documented checks by jail or receiving facility
 3109  supervisory personnel at intervals not to exceed 10 minutes.
 3110  This subsection does not prohibit placing two or more children
 3111  in the same cell. Under no circumstances shall a child be placed
 3112  in the same cell with an adult.
 3113         Reviser’s note.—Amended to confirm the editorial substitution of
 3114         the word “trusties” for the word “trustees” to conform to
 3115         context.
 3116         Section 106. Paragraph (h) of subsection (2) of section
 3117  1002.395, Florida Statutes, is amended to read:
 3118         1002.395 Florida Tax Credit Scholarship Program.—
 3119         (2) DEFINITIONS.—As used in this section, the term:
 3120         (h) “Household income” has the same meaning as the term
 3121  “income” as is defined in the Income Eligibility Guidelines for
 3122  free and reduced price meals under the National School Lunch
 3123  Program in 7 C.F.R. part 210 as published in the Federal
 3124  Register by the United States Department of Agriculture.
 3125         Reviser’s note.—Amended to confirm the editorial substitution of
 3126         the word “as” for the word “is.”
 3127         Section 107. Paragraph (b) of subsection (8) of section
 3128  1003.4203, Florida Statutes, is amended to read:
 3129         1003.4203 Digital materials, CAPE Digital Tool
 3130  certificates, and technical assistance.—
 3131         (8) PARTNERSHIPS.—
 3132         (b) Third-party assessment providers and career and
 3133  professional academy curricula providers are encouraged to
 3134  provide annual training to staff of the Department of Education,
 3135  staff of school district offices, instructional staff of public
 3136  schools, including charter schools, and other appropriate
 3137  administrative staff through face-to-face training models;
 3138  through online, video conferencing training models; and through
 3139  state, regional, or conference presentations.
 3140         Reviser’s note.—Amended to confirm the editorial insertion of
 3141         the word “through” to improve clarity.
 3142         Section 108. Paragraph (c) of subsection (10) of section
 3143  1003.4282, Florida Statutes, is amended to read:
 3144         1003.4282 Requirements for a standard high school diploma.—
 3145         (10) COHORT TRANSITION TO NEW GRADUATION REQUIREMENTS.—The
 3146  requirements of this section, in addition to applying to
 3147  students entering grade 9 in the 2013-2014 school year and
 3148  thereafter, shall also apply to students entering grade 9 before
 3149  the 2013-2014 school year, except as otherwise provided in this
 3150  subsection.
 3151         (c) A student entering grade 9 in the 2011-2012 school year
 3152  must earn:
 3153         1. Four credits in English/ELA. A student must pass the
 3154  statewide, standardized grade 10 Reading assessment, or earn a
 3155  concordant score, in order to graduate with a standard high
 3156  school diploma.
 3157         2. Four credits in mathematics, which must include Algebra
 3158  I and Geometry. A student who takes Algebra I after the 2010
 3159  2011 school year must pass the statewide, standardized Algebra I
 3160  EOC assessment, or earn a comparative score, in order to earn a
 3161  standard high school diploma. A student who takes Algebra I or
 3162  Geometry after the 2010-2011 school year must take the
 3163  statewide, standardized EOC assessment but is not required to
 3164  pass the Algebra I or Geometry EOC assessment in order to earn
 3165  course credit. A student’s performance on the Algebra I or
 3166  Geometry EOC assessment is not required to constitute 30 percent
 3167  of the student’s final course grade. A student who earns an
 3168  industry certification for which there is a statewide college
 3169  credit articulation agreement approved by the State Board of
 3170  Education may substitute the certification for one mathematics
 3171  credit. Substitution may occur for up to two mathematics
 3172  credits, except for Algebra I and Geometry.
 3173         3. Three credits in science, two of which must have a
 3174  laboratory component. One of the science credits must be Biology
 3175  I. A student who takes Biology I after the 2010-2011 school year
 3176  must take the statewide, standardized Biology I EOC assessment
 3177  but is not required to pass the assessment in order to earn
 3178  course credit. A student’s performance on the assessment is not
 3179  required to constitute 30 percent of the student’s final course
 3180  grade. A student who earns an industry certification for which
 3181  there is a statewide college credit articulation agreement
 3182  approved by the State Board of Education may substitute the
 3183  certification for one science credit, except for Biology I.
 3184         4. Three credits in social studies of which one credit in
 3185  World History, one credit in United States History, one-half
 3186  credit in United States Government, and one-half credit in
 3187  economics are required. A student who takes United States
 3188  History after the 2011-2012 school year student must take the
 3189  statewide, standardized United States History EOC assessment,
 3190  but the student’s performance on the assessment is not required
 3191  to constitute 30 percent of the student’s final course grade.
 3192         5. One credit in fine or performing arts, speech and
 3193  debate, or practical arts as provided in paragraph (3)(e).
 3194         6. One credit in physical education as provided in
 3195  paragraph (3)(f).
 3196         7. Eight credits in electives.
 3197         8. One online course as provided in subsection (4).
 3198         Reviser’s note.—Amended to confirm the editorial deletion of the
 3199         word “student.”
 3200         Section 109. Paragraph (b) of subsection (1) of section
 3201  1003.493, Florida Statutes, is amended to read:
 3202         1003.493 Career and professional academies and career
 3203  themed courses.—
 3204         (1)
 3205         (b) A “career-themed course” is a course, or a course in a
 3206  series of courses, that leads to an industry certification
 3207  identified in the CAPE Industry Certification Funding List
 3208  pursuant to rules adopted by the State Board of Education.
 3209  Career-themed courses have industry-specific curriculum aligned
 3210  directly to priority workforce needs established by the regional
 3211  workforce board or the Department of Economic Opportunity.
 3212  School districts shall offer at least two career-themed courses,
 3213  and each secondary school is encouraged to offer at least one
 3214  career-themed course. The Florida Virtual School is encouraged
 3215  to develop and offer rigorous career-themed courses as
 3216  appropriate. Students completing a career-themed course must be
 3217  provided opportunities to earn postsecondary credit if the
 3218  credit for the career-themed course can be articulated to a
 3219  postsecondary institution approved to operate in the state.
 3220         Reviser’s note.—Amended to conform to the complete name of the
 3221         CAPE Industry Certification Funding List authorized by s.
 3222         1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184,
 3223         Laws of Florida, to add the word “CAPE” to the name of the
 3224         Industry Certification Funding List.
 3225         Section 110. Paragraph (a) of subsection (2) of section
 3226  1003.4935, Florida Statutes, is amended to read:
 3227         1003.4935 Middle grades career and professional academy
 3228  courses and career-themed courses.—
 3229         (2) Each middle grades career and professional academy or
 3230  career-themed course must be aligned with at least one high
 3231  school career and professional academy or career-themed course
 3232  offered in the district and maintain partnerships with local
 3233  business and industry and economic development boards. Middle
 3234  grades career and professional academies and career-themed
 3235  courses must:
 3236         (a) Lead to careers in occupations designated as high
 3237  skill, high-wage, and high-demand in the CAPE Industry
 3238  Certification Funding List approved under rules adopted by the
 3239  State Board of Education;
 3240         Reviser’s note.—Amended to conform to the complete name of the
 3241         CAPE Industry Certification Funding List authorized by s.
 3242         1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184,
 3243         Laws of Florida, to add the word “CAPE” to the name of the
 3244         Industry Certification Funding List.
 3245         Section 111. Paragraph (j) of subsection (2) of section
 3246  1003.51, Florida Statutes, is amended to read:
 3247         1003.51 Other public educational services.—
 3248         (2) The State Board of Education shall adopt rules
 3249  articulating expectations for effective education programs for
 3250  students in Department of Juvenile Justice programs, including,
 3251  but not limited to, education programs in juvenile justice
 3252  prevention, day treatment, residential, and detention programs.
 3253  The rule shall establish policies and standards for education
 3254  programs for students in Department of Juvenile Justice programs
 3255  and shall include the following:
 3256         (j) Qualifications of instructional staff, procedures for
 3257  the selection of instructional staff, and procedures for
 3258  consistent instruction and qualified staff year round.
 3259  Qualifications shall include those for instructors of CAPE
 3260  courses, standardized across the state, and shall be based on
 3261  state certification, local school district approval, and
 3262  industry-recognized certifications as identified on the CAPE
 3263  Industry Certification Funding List. Procedures for the use of
 3264  noncertified instructional personnel who possess expert
 3265  knowledge or experience in their fields of instruction shall be
 3266  established.
 3267         Reviser’s note.—Amended to conform to the complete name of the
 3268         CAPE Industry Certification Funding List authorized by s.
 3269         1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184,
 3270         Laws of Florida, to add the word “CAPE” to the name of the
 3271         Industry Certification Funding List.
 3272         Section 112. Paragraph (b) of subsection (2) of section
 3273  1003.5716, Florida Statutes, is amended to read:
 3274         1003.5716 Transition to postsecondary education and career
 3275  opportunities.—All students with disabilities who are 3 years of
 3276  age to 21 years of age have the right to a free, appropriate
 3277  public education. As used in this section, the term “IEP” means
 3278  individual education plan.
 3279         (2) Beginning not later than the first IEP to be in effect
 3280  when the student attains the age of 16, or younger if determined
 3281  appropriate by the parent and the IEP team, the IEP must include
 3282  the following statements that must be updated annually:
 3283         (b) A statement of intent to receive a standard high school
 3284  diploma before the student attains the age of 22 and a
 3285  description of how the student will fully meet the requirements
 3286  in s. 1003.428 or s. 1003.4282, as applicable, including, but
 3287  not limited to, a portfolio pursuant to s. 1003.4282(11)(b)
 3288  which meets the criteria specified in State Board of Education
 3289  rule. The IEP must also specify the outcomes and additional
 3290  benefits expected by the parent and the IEP team at the time of
 3291  the student’s graduation.
 3292         Reviser’s note.—Amended to conform to the repeal of s. 1003.428
 3293         by s. 38, ch. 2014-39, Laws of Florida.
 3294         Section 113. Subsection (3) of section 1005.33, Florida
 3295  Statutes, is amended to read:
 3296         1005.33 License period and renewal.—
 3297         (3) On the effective date of this act, an institution that,
 3298  in 2002, held the status of “Permission to Operate” under s.
 3299  246.093, Florida Statutes 2001, has 90 days to seek and obtain
 3300  licensure from the commission. Ninety days after this act takes
 3301  effect, that status no longer authorizes an institution to
 3302  operate in Florida.
 3303         Reviser’s note.—Amended to delete an obsolete provision.
 3304         Section 114. Subsection (11) of section 1007.271, Florida
 3305  Statutes, is amended to read:
 3306         1007.271 Dual enrollment programs.—
 3307         (11) Career early admission is a form of career dual
 3308  enrollment through which eligible secondary students enroll full
 3309  time in a career center or a Florida College System institution
 3310  in postsecondary programs leading to industry certifications, as
 3311  listed in the CAPE Postsecondary Industry Certification Funding
 3312  List pursuant to s. 1008.44, which are creditable toward the
 3313  high school diploma and the certificate or associate degree.
 3314  Participation in the career early admission program is limited
 3315  to students who have completed a minimum of 4 semesters of full
 3316  time secondary enrollment, including studies undertaken in the
 3317  ninth grade. Students enrolled pursuant to this section are
 3318  exempt from the payment of registration, tuition, and laboratory
 3319  fees.
 3320         Reviser’s note.—Amended to conform to the complete name of the
 3321         CAPE Postsecondary Industry Certification Funding List
 3322         authorized by s. 1008.44; s. 1008.44 was amended by s. 12,
 3323         ch. 2014-184, Laws of Florida, to add the word “CAPE” to
 3324         the name of the Postsecondary Industry Certification
 3325         Funding List.
 3326         Section 115. Paragraph (b) of subsection (3) of section
 3327  1008.22, Florida Statutes, is amended to read:
 3328         1008.22 Student assessment program for public schools.—
 3329         (3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The
 3330  Commissioner of Education shall design and implement a
 3331  statewide, standardized assessment program aligned to the core
 3332  curricular content established in the Next Generation Sunshine
 3333  State Standards. The commissioner also must develop or select
 3334  and implement a common battery of assessment tools that will be
 3335  used in all juvenile justice education programs in the state.
 3336  These tools must accurately measure the core curricular content
 3337  established in the Next Generation Sunshine State Standards.
 3338  Participation in the assessment program is mandatory for all
 3339  school districts and all students attending public schools,
 3340  including adult students seeking a standard high school diploma
 3341  under s. 1003.4282 and students in Department of Juvenile
 3342  Justice education programs, except as otherwise provided by law.
 3343  If a student does not participate in the assessment program, the
 3344  school district must notify the student’s parent and provide the
 3345  parent with information regarding the implications of such
 3346  nonparticipation. The statewide, standardized assessment program
 3347  shall be designed and implemented as follows:
 3348         (b) End-of-course (EOC) assessments.—EOC assessments must
 3349  be statewide, standardized, and developed or approved by the
 3350  Department of Education as follows:
 3351         1. Statewide, standardized EOC assessments in mathematics
 3352  shall be administered according to this subparagraph. Beginning
 3353  with the 2010-2011 school year, all students enrolled in Algebra
 3354  I must take the Algebra I EOC assessment. Except as otherwise
 3355  provided in paragraph (c), beginning with students entering
 3356  grade 9 in the 2011-2012 school year, a student who is enrolled
 3357  in Algebra I must earn a passing score on the Algebra I EOC
 3358  assessment or attain a comparative score as authorized under
 3359  subsection (8) in order to earn a standard high school diploma.
 3360  In order to earn a standard high school diploma, a student who
 3361  has not earned a passing score on the Algebra I EOC assessment
 3362  must earn a passing score on the assessment retake or a
 3363  comparative score as authorized under subsection (8). Beginning
 3364  with the 2011-2012 school year, all students enrolled in
 3365  Geometry must take the Geometry EOC assessment. Middle grades
 3366  students enrolled in Algebra I, Geometry, or Biology I must take
 3367  the statewide, standardized EOC assessment for those courses and
 3368  shall not take the corresponding subject and grade-level
 3369  statewide, standardized assessment. When a statewide,
 3370  standardized EOC assessment in Algebra II is administered, all
 3371  students enrolled in Algebra II must take the EOC assessment.
 3372  Pursuant to the commissioner’s implementation schedule, student
 3373  performance on the Algebra II EOC assessment constitutes 30
 3374  percent of a student’s final course grade.
 3375         2. Statewide, standardized EOC assessments in science shall
 3376  be administered according to this subparagraph. Beginning with
 3377  the 2011-2012 school year, all students enrolled in Biology I
 3378  must take the Biology I EOC assessment. Beginning with students
 3379  entering grade 9 in the 2013-2014 school year, performance on
 3380  the Biology I EOC assessment constitutes 30 percent of the
 3381  student’s final course grade.
 3382         3. Beginning with the 2013-2014 school year, each student’s
 3383  performance on the statewide, standardized middle grades Civics
 3384  EOC assessment constitutes 30 percent of the student’s final
 3385  course grade in civics education.
 3386         4. The commissioner may select one or more nationally
 3387  developed comprehensive examinations, which may include
 3388  examinations for a College Board Advanced Placement course,
 3389  International Baccalaureate course, or Advanced International
 3390  Certificate of Education course, or industry-approved
 3391  examinations to earn national industry certifications identified
 3392  in the CAPE Industry Certification Funding List, for use as EOC
 3393  assessments under this paragraph if the commissioner determines
 3394  that the content knowledge and skills assessed by the
 3395  examinations meet or exceed the grade-level expectations for the
 3396  core curricular content established for the course in the Next
 3397  Generation Sunshine State Standards. Use of any such examination
 3398  as an EOC assessment must be approved by the state board in
 3399  rule.
 3400         5. Contingent upon funding provided in the General
 3401  Appropriations Act, including the appropriation of funds
 3402  received through federal grants, the commissioner may establish
 3403  an implementation schedule for the development and
 3404  administration of additional statewide, standardized EOC
 3405  assessments that must be approved by the state board in rule. If
 3406  approved by the state board, student performance on such
 3407  assessments constitutes 30 percent of a student’s final course
 3408  grade.
 3409         6. All statewide, standardized EOC assessments must be
 3410  administered online except as otherwise provided in paragraph
 3411  (c).
 3412         Reviser’s note.—Amended to conform to the complete name of the
 3413         CAPE Industry Certification Funding List authorized by s.
 3414         1008.44; s. 1008.44 was amended by s. 12, ch. 2014-184,
 3415         Laws of Florida, to add the word “CAPE” to the name of the
 3416         Industry Certification Funding List.
 3417         Section 116. Paragraph (b) of subsection (6) of section
 3418  1008.25, Florida Statutes, is amended to read:
 3419         1008.25 Public school student progression; remedial
 3420  instruction; reporting requirements.—
 3421         (6) ELIMINATION OF SOCIAL PROMOTION.—
 3422         (b) The district school board may only exempt students from
 3423  mandatory retention, as provided in paragraph (5)(b), for good
 3424  cause. A student who is promoted to grade 4 with a good cause
 3425  exemption shall be provided intensive reading instruction and
 3426  intervention that include specialized diagnostic information and
 3427  specific reading strategies to meet the needs of each student so
 3428  promoted. The school district shall assist schools and teachers
 3429  with the implementation of reading strategies for students
 3430  promoted with a good cause exemption which research has shown to
 3431  be successful in improving reading among students who that have
 3432  reading difficulties. Good cause exemptions are limited to the
 3433  following:
 3434         1. Limited English proficient students who have had less
 3435  than 2 years of instruction in an English for Speakers of Other
 3436  Languages program.
 3437         2. Students with disabilities whose individual education
 3438  plan indicates that participation in the statewide assessment
 3439  program is not appropriate, consistent with the requirements of
 3440  s. 1008.212.
 3441         3. Students who demonstrate an acceptable level of
 3442  performance on an alternative standardized reading or English
 3443  Language Arts assessment approved by the State Board of
 3444  Education.
 3445         4. A student who demonstrates through a student portfolio
 3446  that he or she is performing at least at Level 2 on the
 3447  statewide, standardized Reading assessment or, upon
 3448  implementation, the English Language Arts assessment.
 3449         5. Students with disabilities who take the statewide,
 3450  standardized Reading assessment or, upon implementation, the
 3451  English Language Arts assessment and who have an individual
 3452  education plan or a Section 504 plan that reflects that the
 3453  student has received intensive remediation in reading or English
 3454  Language Arts for more than 2 years but still demonstrates a
 3455  deficiency and was previously retained in kindergarten, grade 1,
 3456  grade 2, or grade 3.
 3457         6. Students who have received intensive reading
 3458  intervention for 2 or more years but still demonstrate a
 3459  deficiency in reading and who were previously retained in
 3460  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
 3461  years. A student may not be retained more than once in grade 3.
 3462         7. Students who have received intensive remediation in
 3463  reading or English Language Arts for 2 or more years but still
 3464  demonstrate a deficiency and who were previously retained in
 3465  kindergarten, grade 1, grade 2, or grade 3 for a total of 2
 3466  years. Intensive instruction for students so promoted must
 3467  include an altered instructional day that includes specialized
 3468  diagnostic information and specific reading strategies for each
 3469  student. The district school board shall assist schools and
 3470  teachers to implement reading strategies that research has shown
 3471  to be successful in improving reading among low-performing
 3472  readers.
 3473         Reviser’s note.—Amended to confirm the editorial substitution of
 3474         the word “who” for the word “that.”
 3475         Section 117. Paragraphs (b) and (d) of subsection (3) of
 3476  section 1008.34, Florida Statutes, are amended to read:
 3477         1008.34 School grading system; school report cards;
 3478  district grade.—
 3479         (3) DESIGNATION OF SCHOOL GRADES.—
 3480         (b)1. Beginning with the 2014-2015 school year, a school’s
 3481  grade shall be based on the following components, each worth 100
 3482  points:
 3483         a. The percentage of eligible students passing statewide,
 3484  standardized assessments in English Language Arts under s.
 3485  1008.22(3).
 3486         b. The percentage of eligible students passing statewide,
 3487  standardized assessments in mathematics under s. 1008.22(3).
 3488         c. The percentage of eligible students passing statewide,
 3489  standardized assessments in science under s. 1008.22(3).
 3490         d. The percentage of eligible students passing statewide,
 3491  standardized assessments in social studies under s. 1008.22(3).
 3492         e. The percentage of eligible students who make Learning
 3493  Gains in English Language Arts as measured by statewide,
 3494  standardized assessments administered under s. 1008.22(3).
 3495         f. The percentage of eligible students who make Learning
 3496  Gains in mathematics as measured by statewide, standardized
 3497  assessments administered under s. 1008.22(3).
 3498         g. The percentage of eligible students in the lowest 25
 3499  percent in English Language Arts, as identified by prior year
 3500  performance on statewide, standardized assessments, who make
 3501  Learning Gains as measured by statewide, standardized English
 3502  Language Arts assessments administered under s. 1008.22(3).
 3503         h. The percentage of eligible students in the lowest 25
 3504  percent in mathematics, as identified by prior year performance
 3505  on statewide, standardized assessments, who make Learning Gains
 3506  as measured by statewide, standardized mathematics assessments
 3507  administered under s. 1008.22(3).
 3508         i. For schools comprised of middle grades 6 through 8 or
 3509  grades 7 and 8, the percentage of eligible students passing high
 3510  school level statewide, standardized end-of-course assessments
 3511  or attaining national industry certifications identified in the
 3512  CAPE Industry Certification Funding List pursuant to rules
 3513  adopted by the State Board of Education.
 3514  
 3515  In calculating Learning Gains for the components listed in sub
 3516  subparagraphs e.-h., the State Board of Education shall require
 3517  that learning growth toward achievement levels 3, 4, and 5 is
 3518  demonstrated by students who scored below each of those levels
 3519  in the prior year. In calculating the components in sub
 3520  subparagraphs a.-d., the state board shall include the
 3521  performance of English language learners only if they have been
 3522  enrolled in a school in the United States for more than 2 years.
 3523         2. For a school comprised of grades 9, 10, 11, and 12, or
 3524  grades 10, 11, and 12, the school’s grade shall also be based on
 3525  the following components, each worth 100 points:
 3526         a. The 4-year high school graduation rate of the school as
 3527  defined by state board rule.
 3528         b. The percentage of students who were eligible to earn
 3529  college and career credit through College Board Advanced
 3530  Placement examinations, International Baccalaureate
 3531  examinations, dual enrollment courses, or Advanced International
 3532  Certificate of Education examinations; or who, at any time
 3533  during high school, earned national industry certification
 3534  identified in the CAPE Industry Certification Funding List,
 3535  pursuant to rules adopted by the state board.
 3536         (d) The performance of students attending alternative
 3537  schools and students designated as hospital or homebound shall
 3538  be factored into a school grade as follows:
 3539         1. The student performance data for eligible students
 3540  attending alternative schools that provide dropout prevention
 3541  and academic intervention services pursuant to s. 1003.53 shall
 3542  be included in the calculation of the home school’s grade. The
 3543  term “eligible students” in this subparagraph does not include
 3544  students attending an alternative school who are subject to
 3545  district school board policies for expulsion for repeated or
 3546  serious offenses, who are in dropout retrieval programs serving
 3547  students who have officially been designated as dropouts, or who
 3548  are in programs operated or contracted by the Department of
 3549  Juvenile Justice. As used in this subparagraph and s. 1008.341,
 3550  the term “home school” means the school to which the student
 3551  would be assigned if the student were not assigned to an
 3552  alternative school. If an alternative school chooses to be
 3553  graded under this section, student performance data for eligible
 3554  students identified in this subparagraph shall not be included
 3555  in the home school’s grade but shall be included only in the
 3556  calculation of the alternative school’s grade. A school district
 3557  that fails to assign statewide, standardized end-of-course
 3558  assessment scores of each of its students to his or her home
 3559  school or to the alternative school that receives a grade shall
 3560  forfeit Florida School Recognition Program funds for one fiscal
 3561  year. School districts must require collaboration between the
 3562  home school and the alternative school in order to promote
 3563  student success. This collaboration must include an annual
 3564  discussion between the principal of the alternative school and
 3565  the principal of each student’s home school concerning the most
 3566  appropriate school assignment of the student.
 3567         2. Student performance data for students designated as
 3568  hospital or homebound shall be assigned to their home school for
 3569  the purposes of school grades. As used in this subparagraph, the
 3570  term “home school” means the school to which a student would be
 3571  assigned if the student were not assigned to a hospital or
 3572  homebound program.
 3573         Reviser’s note.—Paragraph (3)(b) amended to conform to the
 3574         complete name of the CAPE Industry Certification Funding
 3575         List authorized in s. 1008.44; s. 1008.44 was amended by s.
 3576         12, ch. 2014-184, Laws of Florida, to add the word “CAPE”
 3577         to the name of the Industry Certification Funding List.
 3578         Paragraph (3)(d) amended to conform to the fact that
 3579         references to “home school” were deleted from s. 1008.341
 3580         by s. 7, ch. 2014-23, Laws of Florida.
 3581         Section 118. Paragraph (c) of subsection (4) of section
 3582  1008.44, Florida Statutes, is amended to read:
 3583         1008.44 CAPE Industry Certification Funding List and CAPE
 3584  Postsecondary Industry Certification Funding List.—
 3585         (4)
 3586         (c) The Articulation Coordinating Committee shall review
 3587  statewide articulation agreement proposals for industry
 3588  certifications and make recommendations to the State Board of
 3589  Education for approval. After an industry certification is
 3590  adopted by the State Board of Education for inclusion on the
 3591  CAPE Industry Certification Funding List, the Chancellor of
 3592  Career and Adult Education, within 90 days, must provide to the
 3593  Articulation Coordinating Committee recommendations for
 3594  articulation of postsecondary credit for related degrees for the
 3595  approved certifications.
 3596         Reviser’s note.—Amended to conform to the complete name of the
 3597         CAPE Industry Certification Funding List, as amended
 3598         elsewhere in this section by s. 12, ch. 2014-184, Laws of
 3599         Florida.
 3600         Section 119. Paragraph (b) of subsection (6) of section
 3601  1011.80, Florida Statutes, is amended to read:
 3602         1011.80 Funds for operation of workforce education
 3603  programs.—
 3604         (6)
 3605         (b) Performance funding for industry certifications for
 3606  school district workforce education programs is contingent upon
 3607  specific appropriation in the General Appropriations Act and
 3608  shall be determined as follows:
 3609         1. Occupational areas for which industry certifications may
 3610  be earned, as established in the General Appropriations Act, are
 3611  eligible for performance funding. Priority shall be given to the
 3612  occupational areas emphasized in state, national, or corporate
 3613  grants provided to Florida educational institutions.
 3614         2. The Chancellor of Career and Adult Education shall
 3615  identify the industry certifications eligible for funding on the
 3616  CAPE Postsecondary Industry Certification Funding List approved
 3617  by the State Board of Education pursuant to s. 1008.44, based on
 3618  the occupational areas specified in the General Appropriations
 3619  Act.
 3620         3. Each school district shall be provided $1,000 for each
 3621  industry certification earned by a workforce education student.
 3622  The maximum amount of funding appropriated for performance
 3623  funding pursuant to this paragraph shall be limited to $15
 3624  million annually. If funds are insufficient to fully fund the
 3625  calculated total award, such funds shall be prorated.
 3626         Reviser’s note.—Amended to conform to the complete name of the
 3627         CAPE Postsecondary Industry Certification Funding List
 3628         authorized in s. 1008.44; s. 1008.44 was amended by s. 12,
 3629         ch. 2014-184, Laws of Florida, to add the word “CAPE” to
 3630         the name of the Postsecondary Industry Certification
 3631         Funding List.
 3632         Section 120. Paragraph (b) of subsection (2) of section
 3633  1011.81, Florida Statutes, is amended to read:
 3634         1011.81 Florida College System Program Fund.—
 3635         (2) Performance funding for industry certifications for
 3636  Florida College System institutions is contingent upon specific
 3637  appropriation in the General Appropriations Act and shall be
 3638  determined as follows:
 3639         (b) The Chancellor of the Florida College System shall
 3640  identify the industry certifications eligible for funding on the
 3641  CAPE Postsecondary Industry Certification Funding List approved
 3642  by the State Board of Education pursuant to s. 1008.44, based on
 3643  the occupational areas specified in the General Appropriations
 3644  Act.
 3645         Reviser’s note.—Amended to conform to the complete name of the
 3646         CAPE Postsecondary Industry Certification Funding List
 3647         authorized in s. 1008.44; s. 1008.44 was amended by s. 12,
 3648         ch. 2014-184, Laws of Florida, to add the word “CAPE” to
 3649         the name of the Postsecondary Industry Certification
 3650         Funding List.
 3651         Section 121. Paragraph (b) of subsection (1) of section
 3652  1011.905, Florida Statutes, is amended to read:
 3653         1011.905 Performance funding for state universities.—
 3654         (1) State performance funds for the State University System
 3655  shall be based on indicators of system and institutional
 3656  attainment of performance expectations. For the 2012-2013
 3657  through at least the 2016-2017 fiscal year, the Board of
 3658  Governors shall review and rank each state university that
 3659  applies for performance funding, as provided in the General
 3660  Appropriations Act, based on the following formula:
 3661         (b) Twenty-five percent of a state university’s score shall
 3662  be based on the percentage of graduates who have earned
 3663  baccalaureate degrees in the programs in paragraph (a) and who
 3664  have earned industry certifications identified on the CAPE
 3665  Postsecondary Industry Certification Funding List approved by
 3666  the State Board of Education pursuant to s. 1008.44 in a related
 3667  field from a Florida College System institution or state
 3668  university prior to graduation.
 3669         Reviser’s note.—Amended to conform to the complete name of the
 3670         CAPE Postsecondary Industry Certification Funding List
 3671         authorized by s. 1008.44; s. 1008.44 was amended by s. 12,
 3672         ch. 2014-184, Laws of Florida, to add the word “CAPE” to
 3673         the name of the Postsecondary Industry Certification
 3674         Funding List.
 3675         Section 122. Paragraph (a) of subsection (2) of section
 3676  1013.738, Florida Statutes, is amended to read:
 3677         1013.738 High Growth District Capital Outlay Assistance
 3678  Grant Program.—
 3679         (2) In order to qualify for a grant, a school district must
 3680  meet the following criteria:
 3681         (a) The district must have levied the full 1.5 2 mills of
 3682  nonvoted discretionary capital outlay millage authorized in s.
 3683  1011.71(2) for each of the past 4 fiscal years.
 3684         Reviser’s note.—Amended to conform to context and facilitate
 3685         correct interpretation. Section 1011.71(2) provides a
 3686         maximum of 1.5 mills that the school board may levy.
 3687         Section 123. Except as otherwise provided in this act, this
 3688  act shall take effect on the 60th day after adjournment sine die
 3689  of the session of the Legislature in which enacted.