ENROLLED
       2015 Legislature                           SB 706, 1st Engrossed
       
       
       
       
       
       
                                                              2015706er
    1  
    2         An act relating to the Florida Statutes; amending ss.
    3         257.171, 257.193, 257.43, 394.4789, 394.495, 394.496,
    4         394.497, 397.406, 397.407, 397.427, 397.471, 397.901,
    5         397.96, 400.147, 401.113, 401.252, 401.34, 402.04,
    6         402.47, 403.414, 403.7061, 403.763, 403.871, 403.873,
    7         403.874, 403.876, 403.942, 406.11, 409.2598, 409.9102,
    8         420.526, 420.527, 429.44, 467.0125, 467.013, 467.019,
    9         468.1165, 468.307, 468.3851, 468.3852, 468.404,
   10         468.435, 468.532, 468.8312, 468.8317, 468.8412,
   11         476.214, 477.022, 479.07, 481.205, 502.121, and
   12         509.035, F.S., and repealing s. 415.112, F.S., to
   13         conform to the directive of the Legislature in section
   14         9 of chapter 2012-116, Laws of Florida, codified as
   15         section 11.242(5)(j), Florida Statutes, to prepare a
   16         reviser’s bill to omit all statutes and laws, or parts
   17         thereof, which grant duplicative, redundant, or unused
   18         rulemaking authority; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 257.171, Florida Statutes, is amended to
   23  read:
   24         257.171 Multicounty libraries.—Units of local government
   25  may establish a multicounty library. The Division of Library and
   26  Information Services may establish operating standards and rules
   27  under which a multicounty library is eligible to receive state
   28  moneys. For a multicounty library, a local government may pay
   29  moneys in advance in lump sum from its public funds for the
   30  provision of library services only.
   31         Section 2. Subsection (5) of section 257.193, Florida
   32  Statutes, is amended to read:
   33         257.193 Community Libraries in Caring Program.—
   34         (5) The Department of State may adopt rules to administer
   35  this section.
   36         Section 3. Paragraph (b) of subsection (2) of section
   37  257.43, Florida Statutes, is amended to read:
   38         257.43 Citizen support organization; use of state
   39  administrative services and property; audit.—
   40         (2) USE OF ADMINISTRATIVE SERVICES AND PROPERTY.—
   41         (b) The division may prescribe by rule any condition with
   42  which a citizen support organization shall comply in order to
   43  use division administrative services, property, or facilities.
   44         Section 4. Section 394.4789, Florida Statutes, is amended
   45  to read:
   46         394.4789 Establishment of referral process and eligibility
   47  determination.—
   48         (1) The department shall adopt by rule a referral process
   49  which shall provide each participating specialty psychiatric
   50  hospital with a system for accepting into the hospital’s care
   51  indigent mentally ill persons referred by the department. It is
   52  the intent of the Legislature that a hospital which seeks
   53  payment under s. 394.4788 shall accept referrals from the
   54  department. However, a hospital shall have the right to refuse
   55  the admission of a patient due to lack of functional bed space
   56  or lack of services appropriate to a patient’s specific
   57  treatment and no hospital shall be required to accept referrals
   58  if the costs for treating the referred patient are no longer
   59  reimbursable because the hospital has reached the level of
   60  contribution made to the PMATF in the previous fiscal year.
   61  Furthermore, a hospital that does not seek compensation for
   62  indigent mentally ill patients under the provisions of this act
   63  shall not be obliged to accept department referrals,
   64  notwithstanding any agreements it may have entered into with the
   65  department. The right of refusal in this subsection shall not
   66  affect a hospital’s requirement to provide emergency care
   67  pursuant to s. 395.1041 or other statutory requirements related
   68  to the provision of emergency care.
   69         (2) The department shall adopt by rule a patient
   70  eligibility form and shall be responsible for eligibility
   71  determination. However, The department may contract with
   72  participating psychiatric hospitals for eligibility
   73  determination. The eligibility form shall provide the mechanism
   74  for determining a patient’s eligibility according to the
   75  requirements of s. 394.4788(1).
   76         (a) A specialty psychiatric hospital shall be eligible for
   77  reimbursement only when an eligibility form has been completed
   78  for each indigent mentally ill person for whom reimbursement is
   79  sought.
   80         (b) As part of eligibility determination, every effort
   81  shall be made by the hospital to determine if any third party
   82  insurance coverage is available.
   83         Section 5. Subsection (3) of section 394.495, Florida
   84  Statutes, is amended to read:
   85         394.495 Child and adolescent mental health system of care;
   86  programs and services.—
   87         (3) Assessments must be performed by:
   88         (a) A professional as defined in s. 394.455(2), (4), (21),
   89  (23), or (24);
   90         (b) A professional licensed under chapter 491; or
   91         (c) A person who is under the direct supervision of a
   92  professional as defined in s. 394.455(2), (4), (21), (23), or
   93  (24) or a professional licensed under chapter 491.
   94  
   95  The department shall adopt by rule statewide standards for
   96  mental health assessments, which must be based on current
   97  relevant professional and accreditation standards.
   98         Section 6. Subsection (5) of section 394.496, Florida
   99  Statutes, is amended to read:
  100         394.496 Service planning.—
  101         (5) The department shall adopt by rule criteria for
  102  determining when a child or adolescent who receives mental
  103  health services under ss. 394.490-394.497 must have an
  104  individualized services plan.
  105         Section 7. Subsection (2) of section 394.497, Florida
  106  Statutes, is amended to read:
  107         394.497 Case management services.—
  108         (2) The department shall adopt by rule criteria that define
  109  the target population who shall be assigned case managers. The
  110  department shall develop standards for case management services
  111  and procedures for appointing case managers. It is the intent of
  112  the Legislature that case management services not be duplicated
  113  or fragmented and that such services promote the continuity and
  114  stability of a case manager assigned to a child or adolescent
  115  and his or her family.
  116         Section 8. Section 397.406, Florida Statutes, is amended to
  117  read:
  118         397.406 Licensure and regulation of government-operated
  119  substance abuse programs.—Substance abuse programs operated
  120  directly or under contract by the department, the Department of
  121  Corrections, the Department of Juvenile Justice, any other state
  122  agency, or any local correctional agency or authority, which
  123  programs constitute any service provider licensable components
  124  as defined in this chapter, are subject to licensure and
  125  regulation in accordance with rules jointly developed by the
  126  department and the state or local agency operating the program.
  127  The department has authority to exempt promulgate rules
  128  exempting such government-operated programs from specific
  129  licensure provisions of this part, including, but not limited
  130  to, licensure fees and personnel background checks, and to
  131  enforce the regulatory requirements governing such programs.
  132         Section 9. Subsections (1), (5), and (7) of section
  133  397.407, Florida Statutes, are amended to read:
  134         397.407 Licensure process; fees.—
  135         (1) The department shall establish by rule the licensure
  136  process to include fees and categories of licenses and.The rule
  137  must prescribe a fee range that is based, at least in part, on
  138  the number and complexity of programs listed in s. 397.311(18)
  139  which are operated by a licensee. The fees from the licensure of
  140  service components are sufficient to cover at least 50 percent
  141  of the costs of regulating the service components. The
  142  department shall specify by rule a fee range for public and
  143  privately funded licensed service providers. Fees for privately
  144  funded licensed service providers must exceed the fees for
  145  publicly funded licensed service providers. During adoption of
  146  the rule governing the licensure process and fees, the
  147  department shall carefully consider the potential adverse impact
  148  on small, not-for-profit service providers.
  149         (5) The department may issue probationary, regular, and
  150  interim licenses. After adopting the rule governing the
  151  licensure process and fees, The department shall issue one
  152  license for each service component that is operated by a service
  153  provider and defined in rule pursuant to s. 397.311(18). The
  154  license is valid only for the specific service components listed
  155  for each specific location identified on the license. The
  156  licensed service provider shall apply for a new license at least
  157  60 days before the addition of any service components or 30 days
  158  before the relocation of any of its service sites. Provision of
  159  service components or delivery of services at a location not
  160  identified on the license may be considered an unlicensed
  161  operation that authorizes the department to seek an injunction
  162  against operation as provided in s. 397.401, in addition to
  163  other sanctions authorized by s. 397.415. Probationary and
  164  regular licenses may be issued only after all required
  165  information has been submitted. A license may not be
  166  transferred. As used in this subsection, the term “transfer”
  167  includes, but is not limited to, the transfer of a majority of
  168  the ownership interest in the licensed entity or transfer of
  169  responsibilities under the license to another entity by
  170  contractual arrangement.
  171         (7) A regular license may be issued to:
  172         (a) A new applicant at the end of the probationary period.
  173         (b) A licensed applicant that holds a regular license and
  174  is seeking renewal.
  175         (c) An applicant for a service component operating under an
  176  interim license upon successful satisfaction of the requirements
  177  for a regular license.
  178  
  179  In order to be issued a regular license, the applicant must be
  180  in compliance with statutory and regulatory requirements.
  181  Standards and timeframes for the issuance of a regular license
  182  must be established by rule. An application for renewal of a
  183  regular license must be submitted to the department at least 60
  184  days before the license expires.
  185         Section 10. Paragraph (b) of subsection (2) and subsections
  186  (3) and (8) of section 397.427, Florida Statutes, are amended to
  187  read:
  188         397.427 Medication-assisted treatment service providers;
  189  rehabilitation program; needs assessment and provision of
  190  services; persons authorized to issue takeout medication;
  191  unlawful operation; penalty.—
  192         (2) The department shall determine the need for
  193  establishing providers of medication-assisted treatment services
  194  for opiate addiction.
  195         (b) The department shall prescribe by rule the types of
  196  medication-assisted treatment services for opiate addiction for
  197  which it is necessary to conduct annual assessments of need. If
  198  needs assessment is required, the department shall annually
  199  conduct the assessment and publish a statement of findings which
  200  identifies each substate entity’s need.
  201         (3) The department shall adopt rules necessary to
  202  administer this section, including, but not limited to, rules
  203  prescribing criteria and procedures for:
  204         (a) Determining the need for additional medication-assisted
  205  treatment services for opiate addiction.
  206         (b) Selecting providers for medication-assisted treatment
  207  services for opiate addiction when the number of responses to a
  208  publication of need exceeds the determined need.
  209         (c) Administering any federally required rules,
  210  regulations, or procedures.
  211         (8) The department shall adopt rules necessary to
  212  administer medication-assisted treatment services, including,
  213  but not limited to, rules prescribing criteria and procedures
  214  for:
  215         (a) Determining the need for medication-assisted treatment
  216  services within the publicly funded system.
  217         (b) Selecting medication-assisted service providers within
  218  the publicly funded system.
  219         (c) Administering any federally required rules,
  220  regulations, or procedures related to the provision of
  221  medication-assisted treatment.
  222         Section 11. Section 397.471, Florida Statutes, is amended
  223  to read:
  224         397.471 Service provider facility standards.—
  225         (1) Each service provider must ensure:
  226         (1)(a) Sufficient numbers and types of qualified personnel
  227  on duty and available to provide necessary and adequate safety
  228  and care.
  229         (2)(b) Adequate space for each individual served within a
  230  residential facility.
  231         (3)(c) Adequate infection control, housekeeping, and
  232  sanitation.
  233         (4)(d) Adequate disaster planning policies and procedures.
  234         (2) The State Fire Marshal shall, in cooperation with the
  235  department, establish and enforce minimum firesafety standards,
  236  which standards must be included in the rules adopted by the
  237  department.
  238         Section 12. Subsection (4) of section 397.901, Florida
  239  Statutes, is amended to read:
  240         397.901 Prototype juvenile addictions receiving
  241  facilities.—
  242         (4) The department shall adopt rules necessary to implement
  243  this section. The rules must be written by the department’s
  244  Substance Abuse Program Office and must specify criteria for
  245  staffing and services delineated for the provision of graduated
  246  levels of care from nonintensive to environmentally secure for
  247  the handling of aggressive and difficult-to-manage behavior and
  248  the prevention of elopement.
  249         Section 13. Subsection (5) of section 397.96, Florida
  250  Statutes, is amended to read:
  251         397.96 Case management for complex substance abuse cases.—
  252         (5) The department shall establish by rule standards to
  253  coordinate case management activities from various referral
  254  points, in order to minimize fragmentation and duplication and
  255  promote stability of case managers assigned to a child and
  256  family. In the attempt to minimize duplication, it is the intent
  257  of the Legislature that a child have no more than one case
  258  manager.
  259         Section 14. Subsection (12) of section 400.147, Florida
  260  Statutes, is amended to read:
  261         400.147 Internal risk management and quality assurance
  262  program.—
  263         (12) The agency may adopt rules to administer this section.
  264         Section 15. Subsection (3) of section 401.113, Florida
  265  Statutes, is amended to read:
  266         401.113 Department; powers and duties.—
  267         (3) The department shall adopt rules to administer this
  268  section.
  269         Section 16. Subsection (4) of section 401.252, Florida
  270  Statutes, is amended to read:
  271         401.252 Interfacility transfer.—
  272         (4) The department shall adopt and enforce rules to carry
  273  out this section, including rules for permitting, equipping, and
  274  staffing transport ambulances and that govern the medical
  275  direction under which interfacility transfers take place.
  276         Section 17. Subsections (5) and (6) of section 401.34,
  277  Florida Statutes, are amended to read:
  278         401.34 Fees.—
  279         (5) The department may provide same-day grading of the
  280  examination for an applicant for emergency medical technician or
  281  paramedic certification. The department must provide procedures
  282  for implementing same-day grading in its rules.
  283         (6) The department may by rule offer walk-in eligibility
  284  determination and examination to applicants for emergency
  285  medical technician or paramedic certification who pay to the
  286  department a nonrefundable fee to be set by the department not
  287  to exceed $65. The fee is in addition to the certification fee
  288  and examination fee. The department must establish locations and
  289  times for eligibility determination and examination.
  290         Section 18. Section 402.04, Florida Statutes, is amended to
  291  read:
  292         402.04 Award of scholarships and stipends; disbursement of
  293  funds; administration.—The award of scholarships or stipends
  294  provided for herein shall be made by the Department of Children
  295  and Families, hereinafter referred to as the department. The
  296  department shall handle the administration of the scholarship or
  297  stipend and the Department of Education shall, for and on behalf
  298  of the department, handle the notes issued for the payment of
  299  the scholarships or stipends provided for herein and the
  300  collection of same. The department shall prescribe regulations
  301  governing the payment of scholarships or stipends to the school,
  302  college, or university for the benefit of the scholarship or
  303  stipend holders. All scholarship awards, expenses and costs of
  304  administration shall be paid from moneys appropriated by the
  305  Legislature and shall be paid upon vouchers approved by the
  306  department and properly certified by the Chief Financial
  307  Officer.
  308         Section 19. Subsection (3) of section 402.47, Florida
  309  Statutes, is amended to read:
  310         402.47 Foster grandparent and retired senior volunteer
  311  services to high-risk and handicapped children.—
  312         (3) The department may adopt rules necessary to implement
  313  the provisions of this section.
  314         Section 20. Subsection (3) of section 403.414, Florida
  315  Statutes, is amended to read:
  316         403.414 Environmental award program.—
  317         (3) The department shall adopt rules to govern
  318  administration of the program. An agency, municipality, county,
  319  or other governmental unit; a private organization, institution,
  320  or industry; the communications media; or an individual may
  321  submit a nomination for an award to the department at any time.
  322  A nomination must be submitted on a form adopted by the
  323  department and must include information required by the
  324  department to consider that nomination.
  325         Section 21. Subsection (2) of section 403.7061, Florida
  326  Statutes, is amended to read:
  327         403.7061 Requirements for review of new waste-to-energy
  328  facility capacity by the Department of Environmental
  329  Protection.—
  330         (2) Notwithstanding any other provisions of state law, the
  331  department shall not issue a construction permit or
  332  certification to build a waste-to-energy facility or expand an
  333  existing waste-to-energy facility unless the facility meets the
  334  requirements set forth in subsection (3). Any construction
  335  permit issued by the department between January 1, 1993, and May
  336  12, 1993, which does not address these new requirements is
  337  invalid. These new requirements do not apply to the issuance of
  338  permits or permit modifications to retrofit existing facilities
  339  with new or improved pollution control equipment to comply with
  340  state or federal law. The department may initiate rulemaking to
  341  incorporate the criteria in subsection (3) into its permit
  342  review process.
  343         Section 22. Subsection (4) of section 403.763, Florida
  344  Statutes, is amended to read:
  345         403.763 Grants to local governments.—
  346         (4) The department shall initiate rules on or before
  347  January 1, 1989, necessary to carry out the purposes of this
  348  section.
  349         Section 23. Section 403.871, Florida Statutes, is amended
  350  to read:
  351         403.871 Fees.—The department shall, by rule, establish fees
  352  to be paid by persons seeking licensure or license renewal to
  353  cover the entire cost to the department of administering ss.
  354  403.865-403.876, including, but not limited to, the costs
  355  associated with application review and examination,
  356  reexamination, licensing and renewal, renewal of an inactive
  357  license, reactivation of an inactive license, recordmaking, and
  358  recordkeeping, and the costs of ensuring compliance with ss.
  359  403.865-403.876. The fees for license application and license
  360  renewal shall be nonrefundable. The department shall establish
  361  fees adequate to administer and implement ss. 403.865-403.876.
  362         (1) The application fee may not exceed $100 and is not
  363  refundable.
  364         (2) The renewal fee may not exceed $100 and is not
  365  refundable.
  366         (3) All fees collected under this section must be deposited
  367  into the Water Quality Assurance Trust Fund. The fees shall be
  368  used exclusively to implement the provisions of ss. 403.865
  369  403.876.
  370         Section 24. Subsection (2) of section 403.873, Florida
  371  Statutes, is amended to read:
  372         403.873 Renewal of license.—
  373         (2) The department shall adopt rules establishing a
  374  procedure for the biennial renewal of licenses, including the
  375  requirements for continuing education.
  376         Section 25. Subsection (2) of section 403.874, Florida
  377  Statutes, is amended to read:
  378         403.874 Inactive status.—
  379         (2) The department shall adopt rules relating to licenses
  380  that have become inactive and for the reactivation of inactive
  381  licenses, and procedures for null and void licenses and how to
  382  obtain a new license after a license has become null and void.
  383         Section 26. Subsection (1) of section 403.876, Florida
  384  Statutes, is amended to read:
  385         403.876 Grounds for disciplinary action.—
  386         (1) The department shall establish, by rule, the grounds
  387  for taking disciplinary action, including suspending or revoking
  388  a valid license, placing a licensee on probation, refusing to
  389  issue a license, refusing to renew a license, or refusing to
  390  reactivate a license, and the imposition of an administrative
  391  fine, not to exceed $1,000 per count or offense. The fines
  392  collected under this section shall be deposited into the Water
  393  Quality Assurance Trust Fund.
  394         Section 27. Subsection (3) of section 403.942, Florida
  395  Statutes, is amended to read:
  396         403.942 Superseded laws, regulations, and certification
  397  power.—
  398         (3) The board shall have the power to adopt reasonable
  399  procedural rules to carry out its duties under ss. 403.9401
  400  403.9425 and to give effect to the legislative intent that this
  401  act provide an efficient, centrally coordinated, one-stop
  402  licensing process.
  403         Section 28. Subsection (3) of section 406.11, Florida
  404  Statutes, is amended to read:
  405         406.11 Examinations, investigations, and autopsies.—
  406         (3) The Medical Examiners Commission may adopt rules
  407  incorporating by reference parameters or guidelines of practice
  408  or standards of conduct relating to examinations,
  409  investigations, or autopsies performed by medical examiners.
  410         Section 29. Subsection (8) of section 409.2598, Florida
  411  Statutes, is amended to read:
  412         409.2598 License suspension proceeding to enforce support
  413  order.—
  414         (8) RULEMAKING AUTHORITY.—The Department of Revenue may
  415  adopt rules to implement and enforce the requirements of this
  416  section.
  417         Section 30. Subsections (3) and (4) of section 409.9102,
  418  Florida Statutes, are amended to read:
  419         409.9102 A qualified state Long-Term Care Insurance
  420  Partnership Program in Florida.—The Agency for Health Care
  421  Administration, in consultation with the Office of Insurance
  422  Regulation and the Department of Children and Families, is
  423  directed to establish a qualified state Long-Term Care Insurance
  424  Partnership Program in Florida, in compliance with the
  425  requirements of s. 1917(b) of the Social Security Act, as
  426  amended.
  427         (3) The Agency for Health Care Administration is authorized
  428  to amend the Medicaid state plan and adopt rules pursuant to ss.
  429  120.536(1) and 120.54 to implement this section.
  430         (4) The Department of Children and Families, when
  431  determining eligibility for Medicaid long-term care services for
  432  an individual who is the beneficiary of an approved long-term
  433  care partnership program policy, shall reduce the total
  434  countable assets of the individual by an amount equal to the
  435  insurance benefit payments that are made to or on behalf of the
  436  individual. The department is authorized to adopt rules pursuant
  437  to ss. 120.536(1) and 120.54 to implement this subsection.
  438         Section 31. Section 415.112, Florida Statutes, is repealed.
  439         Section 32. Subsections (3) and (6) of section 420.526,
  440  Florida Statutes, are amended to read:
  441         420.526 Predevelopment Loan Program; loans and grants
  442  authorized; activities eligible for support.—
  443         (3) The corporation shall establish rules for the equitable
  444  distribution of the funds in a manner that meets the need and
  445  demand for housing for the target population. Funds shall be
  446  made available under the program on a first-come, first-served
  447  basis, unless otherwise established by corporation rule.
  448  Sponsors of farmworker housing, if any, shall receive first
  449  priority under this program.
  450         (6) Terms and conditions of housing predevelopment loan
  451  agreements shall be established by rule and shall include:
  452         (a) Provision for interest, which shall be set at between 0
  453  and 3 percent per year, as established by the corporation.
  454         (b) Provision of a schedule for the repayment of principal
  455  and interest for a term not to exceed 3 years or initiation of
  456  permanent financing, whichever event occurs first. However, the
  457  corporation may extend the term of a loan for an additional
  458  period if extraordinary circumstances exist and if such
  459  extension would not jeopardize the corporation’s security
  460  interest.
  461         (c) Provision of reasonable security for the housing
  462  predevelopment loan to ensure the repayment of the principal and
  463  any interest accrued within the term specified.
  464         (d) Provisions to ensure that the land acquired will be
  465  used for the development of housing and related services for the
  466  target population.
  467         (e) Provisions to ensure, to the extent possible, that any
  468  accrued savings in cost due to the availability of these funds
  469  will be passed on to the target population in the form of lower
  470  land prices. The corporation shall ensure that such savings in
  471  land prices shall be passed on in the form of lower prices or
  472  rents for dwellings constructed on such land.
  473         (f) Provisions to ensure that any land acquired through
  474  assistance under ss. 420.521-420.529 for housing for the target
  475  population shall not be disposed of or alienated in a manner
  476  that violates Title VII of the 1968 Civil Rights Act, which
  477  specifically prohibits discrimination based on race, sex, color,
  478  religion, or national origin or that violates other applicable
  479  federal or state laws.
  480         Section 33. Section 420.527, Florida Statutes, is amended
  481  to read:
  482         420.527 Application procedure.—
  483         (1) Applications shall be submitted to the corporation in a
  484  form that it establishes by rule.
  485         (2) By rule, The corporation shall establish the criteria
  486  for determining threshold compliance with corporation
  487  objectives. Final decisions regarding funding shall be approved
  488  by the corporation board. The corporation board shall determine
  489  the tentative loan or grant amount available to each program
  490  participant. The actual loan or grant amount shall be determined
  491  pursuant to rule specifying credit underwriting procedures.
  492         (2)(3) The criteria to be used to determine threshold
  493  compliance shall include, but are not limited to, the following:
  494         (a) Income target objectives of the corporation.
  495         (b) Sponsor’s agreement to reserve more than the minimum
  496  number of units for low-income households and very-low-income
  497  households.
  498         (c) Projects requiring the least amount of predevelopment
  499  funds compared to total predevelopment costs.
  500         (d) Sponsor’s prior experience.
  501         (e) Commitments of other financing.
  502         (f) Sponsor’s ability to proceed.
  503         (g) Project’s consistency with the local government
  504  comprehensive plan.
  505         Section 34. Subsection (3) of section 429.44, Florida
  506  Statutes, is amended to read:
  507         429.44 Construction and renovation; requirements.—
  508         (3) The department may adopt rules to establish procedures
  509  and specify the documentation necessary to implement this
  510  section.
  511         Section 35. Paragraph (b) of subsection (1) of section
  512  467.0125, Florida Statutes, is amended to read:
  513         467.0125 Licensure by endorsement.—
  514         (1) The department shall issue a license by endorsement to
  515  practice midwifery to an applicant who, upon applying to the
  516  department, demonstrates to the department that she or he:
  517         (b) Has completed a 4-month prelicensure course conducted
  518  by an approved program and has submitted documentation to the
  519  department of successful completion. The department shall
  520  determine by rule the content of the prelicensure course.
  521         Section 36. Subsection (1) of section 467.013, Florida
  522  Statutes, is amended to read:
  523         467.013 Inactive status.—A licensee may request that his or
  524  her license be placed in an inactive status by making
  525  application to the department and paying a fee.
  526         (1) An inactive license may be renewed for one additional
  527  biennium upon application to the department and payment of the
  528  applicable biennium renewal fee. The department shall establish
  529  by rule procedures and fees for applying to place a license on
  530  inactive status, renewing an inactive license, and reactivating
  531  an inactive license. The fee for any of these procedures may not
  532  exceed the biennial renewal fee established by the department.
  533         Section 37. Subsections (4) and (6) of section 467.019,
  534  Florida Statutes, are amended to read:
  535         467.019 Records and reports.—
  536         (4) The department shall adopt rules requiring that A
  537  midwife shall keep a record of each patient served. Such record
  538  must document, but need not be limited to, each consultation,
  539  referral, transport, transfer of care, and emergency care
  540  rendered by the midwife and must include all subsequent updates
  541  and copy of the birth certificate. These records shall be kept
  542  on file for a minimum of 5 years following the date of the last
  543  entry in the records.
  544         (6) The department shall adopt rules to provide for
  545  maintaining Patient records of a deceased midwife or a midwife
  546  who terminates or relocates a private practice shall be
  547  maintained pursuant to department requirements.
  548         Section 38. Section 468.1165, Florida Statutes, is amended
  549  to read:
  550         468.1165 Professional employment experience requirement.
  551  Every applicant for licensure as a speech-language pathologist
  552  must demonstrate, prior to licensure, a minimum of 9 months of
  553  full-time professional employment, or the equivalent in part
  554  time professional employment. Each applicant for licensure as an
  555  audiologist must demonstrate, prior to licensure, a minimum of
  556  11 months of full-time professional employment, or the
  557  equivalent in part-time professional employment. The board, by
  558  rule, shall establish standards for obtaining and verifying the
  559  required professional employment experience.
  560         Section 39. Subsection (1) of section 468.307, Florida
  561  Statutes, is amended to read:
  562         468.307 Certificate; issuance; display.—
  563         (1) The department shall issue a certificate to each
  564  candidate who has met the requirements of ss. 468.304 and
  565  468.306 or has qualified under s. 468.3065. The department may
  566  by rule establish a subcategory of a certificate issued under
  567  this part limiting the certificateholder to a specific procedure
  568  or specific type of equipment. The first regular certificate
  569  issued to a new certificateholder expires on the last day of the
  570  certificateholder’s birth month and shall be valid for at least
  571  12 months but no more than 24 months. However, if the new
  572  certificateholder already holds a regular, active certificate in
  573  a different category under this part, the new certificate shall
  574  be combined with and expire on the same date as the existing
  575  certificate.
  576         Section 40. Subsection (2) of section 468.3851, Florida
  577  Statutes, is amended to read:
  578         468.3851 Renewal of license.—
  579         (2) The department shall adopt rules establishing a
  580  procedure for the biennial renewal of licenses.
  581         Section 41. Section 468.3852, Florida Statutes, is amended
  582  to read:
  583         468.3852 Reactivation of license; fee.—The board shall
  584  prescribe by rule a fee not to exceed $250 for the reactivation
  585  of an inactive license. The fee shall be in addition to the
  586  current biennial renewal fee.
  587         Section 42. Subsection (1) of section 468.404, Florida
  588  Statutes, is amended to read:
  589         468.404 License; fees; renewals.—
  590         (1) The department by rule shall establish biennial fees
  591  for initial licensing, renewal of license, and reinstatement of
  592  license, none of which fees shall exceed $400. The department
  593  may by rule establish a delinquency fee of no more than $50. The
  594  fees shall be adequate to proportionately fund the expenses of
  595  the department which are allocated to the regulation of talent
  596  agencies and shall be based on the department’s estimate of the
  597  revenue required to administer this part.
  598         Section 43. Subsections (1) and (2) of section 468.435,
  599  Florida Statutes, are amended to read:
  600         468.435 Fees; establishment; disposition.—
  601         (1) The council shall, by rule, establish fees for the
  602  described purposes and within the ranges specified in this
  603  section:
  604         (a) Application fee: not less than $25, or more than $50.
  605         (b) Examination fee: not less than $25, or more than $100.
  606         (c) Initial license fee: not less than $25, or more than
  607  $100.
  608         (d) Renewal of license fee: not less than $25, or more than
  609  $100.
  610         (e) Delinquent license fee: not less than $25, or more than
  611  $50.
  612         (f) Inactive license fee: not less than $10, or more than
  613  $25.
  614         (2) Until the council establishes adopts rules establishing
  615  fees under subsection (1), the lower amount in each range shall
  616  apply.
  617         Section 44. Subsection (4) of section 468.532, Florida
  618  Statutes, is amended to read:
  619         468.532 Discipline.—
  620         (4) The board shall specify by rule the penalties for any
  621  violation of this part.
  622         Section 45. Subsection (1) of section 468.8312, Florida
  623  Statutes, is amended to read:
  624         468.8312 Fees.—
  625         (1) The department, by rule, may establish fees to be paid
  626  for applications, examination, reexamination, licensing and
  627  renewal, inactive status application and reactivation of
  628  inactive licenses, recordkeeping, and applications for providers
  629  of continuing education. The department may also establish by
  630  rule a delinquency fee. Fees shall be based on department
  631  estimates of the revenue required to implement the provisions of
  632  this part. All fees shall be remitted with the appropriate
  633  application, examination, or license.
  634         Section 46. Subsection (2) of section 468.8317, Florida
  635  Statutes, is amended to read:
  636         468.8317 Inactive license.—
  637         (2) A license that becomes inactive may be reactivated upon
  638  application to the department. The department may prescribe by
  639  rule continuing education requirements as a condition of
  640  reactivating a license. The rules may not require more than one
  641  renewal cycle of continuing education to reactivate a license.
  642         Section 47. Subsection (1) of section 468.8412, Florida
  643  Statutes, is amended to read:
  644         468.8412 Fees.—
  645         (1) The department, by rule, may establish fees to be paid
  646  for application, examination, reexamination, licensing and
  647  renewal, inactive status application and reactivation of
  648  inactive licenses, and application for providers of continuing
  649  education. The department may also establish by rule a
  650  delinquency fee. Fees shall be based on department estimates of
  651  the revenue required to implement the provisions of this part.
  652  All fees shall be remitted with the application, examination,
  653  reexamination, licensing and renewal, inactive status
  654  application and reactivation of inactive licenses, and
  655  application for providers of continuing education.
  656         Section 48. Subsection (2) of section 476.214, Florida
  657  Statutes, is amended to read:
  658         476.214 Grounds for suspending, revoking, or refusing to
  659  grant license or certificate.—
  660         (2) The board shall adopt rules relating to the suspension
  661  or revocation of licenses or certificates of registration under
  662  this section pursuant to the provisions of chapter 120.
  663         Section 49. Subsections (1) and (4) of section 477.022,
  664  Florida Statutes, are amended to read:
  665         477.022 Examinations.—
  666         (1) The board shall specify by rule the general areas of
  667  competency to be covered by examinations for the licensing under
  668  this chapter of cosmetologists. The rules shall include the
  669  relative weight assigned in grading each area, the grading
  670  criteria to be used by the examiner, and the score necessary to
  671  achieve a passing grade. The board shall ensure that
  672  examinations adequately measure both an applicant’s competency
  673  and her or his knowledge of related statutory requirements.
  674  Professional testing services may be utilized to formulate the
  675  examinations. The board may, by rule, offer a written clinical
  676  examination or a performance examination, or both, in addition
  677  to a written theory examination.
  678         (4) The board shall adopt rules providing for reexamination
  679  of applicants who have failed the examinations.
  680         Section 50. Paragraph (c) of subsection (3), paragraph (b)
  681  of subsection (5), paragraph (a) of subsection (8), and
  682  subsection (10) of section 479.07, Florida Statutes, are amended
  683  to read:
  684         479.07 Sign permits.—
  685         (3)
  686         (c) The annual permit fee for each sign facing shall be
  687  established by the department by rule in an amount sufficient to
  688  offset the total cost to the department for the program, but may
  689  not be greater than $100. The first-year fee may be prorated by
  690  payment of an amount equal to one-fourth of the annual fee for
  691  each remaining whole quarter or partial quarter of the permit
  692  year. Applications received after the end of the third quarter
  693  of the permit year must include fees for the last quarter of the
  694  current year and fees for the succeeding year.
  695         (5)
  696         (b) If a permit tag is lost, stolen, or destroyed, the
  697  permittee to whom the tag was issued must apply to the
  698  department for a replacement tag. The department shall establish
  699  adopt a rule establishing a service fee for replacement tags in
  700  an amount that will recover the actual cost of providing the
  701  replacement tag. Upon receipt of the application accompanied by
  702  the service fee, the department shall issue a replacement permit
  703  tag.
  704         (8)(a) In order to reduce peak workloads, the department
  705  may provide adopt rules providing for staggered expiration dates
  706  for licenses and permits. Unless otherwise provided for by rule,
  707  All licenses and permits expire annually on January 15. All
  708  license and permit renewal fees are required to be submitted to
  709  the department by no later than the expiration date. At least
  710  105 days before the expiration date of licenses and permits, the
  711  department shall send to each permittee a notice of fees due for
  712  all licenses and permits that were issued to him or her before
  713  the date of the notice. Such notice must list the permits and
  714  the permit fees due for each sign facing. The permittee shall,
  715  no later than 45 days before the expiration date, advise the
  716  department of any additions, deletions, or errors contained in
  717  the notice. Permit tags that are not renewed shall be returned
  718  to the department for cancellation by the expiration date.
  719  Permits that are not renewed or are canceled shall be certified
  720  in writing at that time as canceled or not renewed by the
  721  permittee, and permit tags for such permits shall be returned to
  722  the department or shall be accounted for by the permittee in
  723  writing, which writing shall be submitted with the renewal fee
  724  payment or the cancellation certification. However, failure of a
  725  permittee to submit a permit cancellation does not affect the
  726  nonrenewal of a permit. Before cancellation of a permit, the
  727  permittee shall provide written notice to all persons or
  728  entities having a right to advertise on the sign that the
  729  permittee intends to cancel the permit.
  730         (10) Commercial or industrial zoning that is not
  731  comprehensively enacted or that is enacted primarily to permit
  732  signs may not be recognized as commercial or industrial zoning
  733  for purposes of this provision, and permits may not be issued
  734  for signs in such areas. The department shall adopt rules that
  735  provide criteria to determine whether such zoning is
  736  comprehensively enacted or enacted primarily to permit signs.
  737         Section 51. Subsection (4) of section 481.205, Florida
  738  Statutes, is amended to read:
  739         481.205 Board of Architecture and Interior Design.—
  740         (4) The board may establish by rule minimum procedures,
  741  documentation, and other requirements for indicating evidence of
  742  the exercise of responsible supervising control by a person
  743  licensed under this part in connection with work performed both
  744  inside and outside the licensee’s office.
  745         Section 52. Subsection (1) of section 502.121, Florida
  746  Statutes, is amended to read:
  747         502.121 Future dairy farms and milk and frozen dessert
  748  plants.—
  749         (1) All future construction or extensive alteration of milk
  750  houses, milking barns, stables, parlors, transfer stations, and
  751  milk and frozen dessert plants regulated under this chapter must
  752  meet certain minimum specifications and requirements which the
  753  department shall establish by rule.
  754         Section 53. Subsection (4) of section 509.035, Florida
  755  Statutes, is amended to read:
  756         509.035 Immediate closure due to severe public health
  757  threat.—The division shall, upon proper finding, immediately
  758  issue an order to close an establishment licensed under this
  759  chapter in the instance of a severe and immediate public health
  760  or safety or welfare threat as follows:
  761         (4) The division may further adopt rules for issuing
  762  emergency orders after business hours and on weekends and
  763  holidays in order to ensure the timely closure of an
  764  establishment under this section.
  765         Reviser’s note.—Amends or repeals provisions of the Florida
  766         Statutes pursuant to the directive of the Legislature in s.
  767         9, ch. 2012-116, Laws of Florida, codified as s.
  768         11.242(5)(j), Florida Statutes, to prepare a reviser’s bill
  769         to omit all statutes and laws, or parts thereof, which
  770         grant duplicative, redundant, or unused rulemaking
  771         authority.
  772         Section 54. This act shall take effect on the 60th day
  773  after adjournment sine die of the session of the Legislature in
  774  which enacted.