Florida Senate - 2016                                    SB 1038
       
       
                                                                       
       By Senator Simmons
       
       
       
       
       
       10-01720-16                                           20161038__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         27.7045, 39.0134, 39.701, 55.203, 101.56065,
    4         110.12302, 112.0455, 112.362, 119.0712, 153.74,
    5         159.02, 161.091, 163.3177, 166.271, 189.031, 200.001,
    6         200.065, 200.068, 200.141, 212.08, 213.0532, 218.39,
    7         220.63, 238.05, 255.041, 255.254, 259.032, 272.135,
    8         288.012, 311.12, 316.3025, 333.07, 336.71, 343.1003,
    9         366.95, 373.236, 373.4149, 373.41492, 379.3751,
   10         380.510, 383.402, 395.1012, 400.0065, 400.0070,
   11         400.0081, 400.0087, 400.022, 400.141, 403.5363,
   12         408.301, 409.978, 415.113, 456.074, 458.3265,
   13         459.0137, 468.503, 468.509, 468.513, 468.514, 468.515,
   14         468.518, 480.041, 480.043, 497.159, 546.10, 553.74,
   15         559.55, 559.555, 560.141, 561.42, 561.57, 605.0410,
   16         610.1201, 617.01301, 618.221, 624.5105, 625.012,
   17         631.152, 631.737, 641.225, 719.108, 742.14, 752.001,
   18         765.105, 765.2038, 787.29, 893.138, 944.4731, 945.215,
   19         1001.65, 1002.3105, 1003.21, 1003.5716, 1012.22, and
   20         1012.341, F.S.; reenacting and amending s. 1008.22,
   21         F.S; and repealing ss. 200.185 and 624.35, F.S.;
   22         deleting provisions that have expired, have become
   23         obsolete, have had their effect, have served their
   24         purpose, or have been impliedly repealed or
   25         superseded; replacing incorrect cross-references and
   26         citations; correcting grammatical, typographical, and
   27         like errors; removing inconsistencies, redundancies,
   28         and unnecessary repetition in the statutes; improving
   29         the clarity of the statutes and facilitating their
   30         correct interpretation; and confirming the restoration
   31         of provisions unintentionally omitted from
   32         republication in the acts of the Legislature during
   33         the amendatory process; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 27.7045, Florida Statutes, is amended to
   38  read:
   39         27.7045 Capital case proceedings; constitutionally
   40  deficient representation.—Notwithstanding any other another
   41  provision of law, an attorney employed by the state or appointed
   42  pursuant to s. 27.711 may not represent a person charged with a
   43  capital offense at trial or on direct appeal or a person
   44  sentenced to death in a postconviction proceeding if, in two
   45  separate instances, a court, in a capital postconviction
   46  proceeding, determined that such attorney provided
   47  constitutionally deficient representation and relief was granted
   48  as a result. This prohibition on representation shall be for a
   49  period of 5 years, which commences at the time relief is granted
   50  after the highest court having jurisdiction to review the
   51  deficient representation determination has issued its final
   52  order affirming the second such determination.
   53         Reviser’s note.—Amended to improve clarity.
   54         Section 2. Paragraph (c) of subsection (2) of section
   55  39.0134, Florida Statutes, is amended to read:
   56         39.0134 Appointed counsel; compensation.—
   57         (2)
   58         (c) The clerk of the court shall transfer monthly all
   59  attorney’s fees and costs collected under this subsection to the
   60  Department of Revenue for deposit into the Indigent Civil
   61  Defense Trust Fund, to be used as appropriated by the
   62  Legislature and consistent with s. 27.5111 27.511.
   63         Reviser’s note.—Amended to conform to the fact that the Indigent
   64         Civil Defense Trust Fund is created in s. 27.5111; the
   65         trust fund is not referenced in s. 27.511.
   66         Section 3. Paragraph (b) of subsection (3) of section
   67  39.701, Florida Statutes, is amended to read:
   68         39.701 Judicial review.—
   69         (3) REVIEW HEARINGS FOR CHILDREN 17 YEARS OF AGE.—
   70         (b) At the first judicial review hearing held subsequent to
   71  the child’s 17th birthday, the department shall provide the
   72  court with an updated case plan that includes specific
   73  information related to the independent living skills that the
   74  child has acquired since the child’s 13th birthday, or since the
   75  date the child came into foster care, whichever came later.
   76         1. For any child who that may meet the requirements for
   77  appointment of a guardian pursuant to chapter 744, or a guardian
   78  advocate pursuant to s. 393.12, the updated case plan must be
   79  developed in a face-to-face conference with the child, if
   80  appropriate; the child’s attorney; any court-appointed guardian
   81  ad litem; the temporary custodian of the child; and the parent,
   82  if the parent’s rights have not been terminated.
   83         2. At the judicial review hearing, if the court determines
   84  pursuant to chapter 744 that there is a good faith basis to
   85  believe that the child qualifies for appointment of a guardian
   86  advocate, limited guardian, or plenary guardian for the child
   87  and that no less restrictive decisionmaking assistance will meet
   88  the child’s needs:
   89         a. The department shall complete a multidisciplinary report
   90  which must include, but is not limited to, a psychosocial
   91  evaluation and educational report if such a report has not been
   92  completed within the previous 2 years.
   93         b. The department shall identify one or more individuals
   94  who are willing to serve as the guardian advocate pursuant to s.
   95  393.12 or as the plenary or limited guardian pursuant to chapter
   96  744. Any other interested parties or participants may make
   97  efforts to identify such a guardian advocate, limited guardian,
   98  or plenary guardian. The child’s biological or adoptive family
   99  members, including the child’s parents if the parents’ rights
  100  have not been terminated, may not be considered for service as
  101  the plenary or limited guardian unless the court enters a
  102  written order finding that such an appointment is in the child’s
  103  best interests.
  104         c. Proceedings may be initiated within 180 days after the
  105  child’s 17th birthday for the appointment of a guardian
  106  advocate, plenary guardian, or limited guardian for the child in
  107  a separate proceeding in the court division with jurisdiction
  108  over guardianship matters and pursuant to chapter 744. The
  109  Legislature encourages the use of pro bono representation to
  110  initiate proceedings under this section.
  111         3. In the event another interested party or participant
  112  initiates proceedings for the appointment of a guardian
  113  advocate, plenary guardian, or limited guardian for the child,
  114  the department shall provide all necessary documentation and
  115  information to the petitioner to complete a petition under s.
  116  393.12 or chapter 744 within 45 days after the first judicial
  117  review hearing after the child’s 17th birthday.
  118         4. Any proceedings seeking appointment of a guardian
  119  advocate or a determination of incapacity and the appointment of
  120  a guardian must be conducted in a separate proceeding in the
  121  court division with jurisdiction over guardianship matters and
  122  pursuant to chapter 744.
  123         Reviser’s note.—Amended to confirm the editorial substitution of
  124         the word “who” for the word “that” to conform to context.
  125         Section 4. Paragraph (h) of subsection (1) of section
  126  55.203, Florida Statutes, is repealed.
  127         Reviser’s note.—The referenced paragraph is repealed to delete a
  128         provision that has served its purpose. The paragraph
  129         requires an original judgment lien certificate for a lien
  130         acquired by delivery of a writ of execution to a sheriff
  131         prior to October 1, 2001, to include an affidavit by the
  132         judgment creditor attesting that the person or entity
  133         possesses any documentary evidence of the date of delivery
  134         of the writ, and a statement of that date or a
  135         certification by the sheriff of the date as provided in s.
  136         30.17(4). Section 30.17 was repealed by s. 5, ch. 2005-2,
  137         Laws of Florida.
  138         Section 5. Paragraph (a) of subsection (2) of section
  139  101.56065, Florida Statutes, is amended to read:
  140         101.56065 Voting system defects; disclosure;
  141  investigations; penalties.—
  142         (2)(a) No later than December 31, 2013, and, thereafter, On
  143  January 1 of every odd-numbered year, each vendor shall file a
  144  written disclosure with the department identifying any known
  145  defect in the voting system or the fact that there is no known
  146  defect, the effect of any defect on the operation and use of the
  147  approved voting system, and any known corrective measures to
  148  cure a defect, including, but not limited to, advisories and
  149  bulletins issued to system users.
  150         Reviser’s note.—Amended to delete language that has served its
  151         purpose.
  152         Section 6. Section 110.12302, Florida Statutes, is amended
  153  to read:
  154         110.12302 Costing options for plan designs required for
  155  contract solicitation; best value recommendations.—For the state
  156  group insurance program, the Department of Management Services
  157  shall require costing options for both fully insured and self
  158  insured plan designs, or some combination thereof, as part of
  159  the department’s solicitation for health maintenance
  160  organization contracts. Prior to contracting, the department
  161  shall recommend to the Legislature, no later than February 1,
  162  2011, the best value to the State group insurance program
  163  relating to health maintenance organizations.
  164         Reviser’s note.—Amended to delete an obsolete provision.
  165         Section 7. Paragraph (e) of subsection (10) of section
  166  112.0455, Florida Statutes, is amended to read:
  167         112.0455 Drug-Free Workplace Act.—
  168         (10) EMPLOYER PROTECTION.—
  169         (e) Nothing in this section shall be construed to operate
  170  retroactively, and nothing in this section shall abrogate the
  171  right of an employer under state law to conduct drug tests prior
  172  to January 1, 1990. A drug test conducted by an employer prior
  173  to January 1, 1990, is not subject to this section.
  174         Reviser’s note.—Amended to delete obsolete provisions.
  175         Section 8. Subsection (3) of section 112.362, Florida
  176  Statutes, is amended to read:
  177         112.362 Recomputation of retirement benefits.—
  178         (3) A member of any state-supported retirement system who
  179  has already retired under a retirement plan or system which does
  180  not require its members to participate in social security
  181  pursuant to a modification of the federal-state social security
  182  agreement as authorized by the provisions of chapter 650, who is
  183  over 65 years of age, and who has not less than 10 years of
  184  creditable service, or the surviving spouse or beneficiary of
  185  said member who, if living, would be over 65 years of age, upon
  186  application to the administrator, may have his or her present
  187  monthly retirement benefits recomputed and receive a monthly
  188  retirement allowance equal to $10 multiplied by the total number
  189  of years of creditable service. Effective July 1, 1978, this
  190  minimum monthly benefit shall be equal to $10.50 multiplied by
  191  the total number of years of creditable service, and thereafter
  192  said minimum monthly benefit shall be recomputed as provided in
  193  paragraph (5)(a). This adjustment shall be made in accordance
  194  with subsection (2). No retirement benefits shall be reduced
  195  under this computation. Retirees receiving additional benefits
  196  under the provisions of this subsection shall also receive the
  197  cost-of-living adjustments provided by the appropriate state
  198  supported retirement system for the fiscal year beginning July
  199  1, 1977, and for each fiscal year thereafter. The minimum
  200  monthly benefit provided by this subsection paragraph shall not
  201  apply to any member or the beneficiary of any member who retires
  202  after June 30, 1978.
  203         Reviser’s note.—Amended to conform to context and to the fact
  204         that subsection (3) did not have paragraphs when it was
  205         added by s. 1, ch. 78-364, Laws of Florida, nor does it
  206         have paragraphs currently.
  207         Section 9. Paragraph (c) of subsection (2) of section
  208  119.0712, Florida Statutes, is amended to read:
  209         119.0712 Executive branch agency-specific exemptions from
  210  inspection or copying of public records.—
  211         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
  212         (c) E-mail addresses collected by the Department of Highway
  213  Safety and Motor Vehicles pursuant to s. 319.40(3), s.
  214  320.95(2), or s. 322.08(9) 322.08(8) are exempt from s.
  215  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  216  exemption applies retroactively. This paragraph is subject to
  217  the Open Government Sunset Review Act in accordance with s.
  218  119.15 and shall stand repealed on October 2, 2020, unless
  219  reviewed and saved from repeal through reenactment by the
  220  Legislature.
  221         Reviser’s note.—Amended to conform to the redesignation of
  222         subsections in s. 322.08 by s. 14, ch. 2015-163, Laws of
  223         Florida.
  224         Section 10. Subsection (2) of section 153.74, Florida
  225  Statutes, is amended to read:
  226         153.74 Issuance of certificates of indebtedness based on
  227  assessments for assessable improvements.—
  228         (2) The district may also issue assessment bonds or other
  229  obligations payable from a special fund into which such
  230  certificates of indebtedness referred to in the preceding
  231  subsection may be deposited; or, if such certificates of
  232  indebtedness have not been issued, the district may assign to
  233  such special fund for the benefit of the holders of such
  234  assessment bonds or other obligations, or to a trustee for such
  235  bondholders, the assessment liens provided for in s. 153.73(11)
  236  153.73(10), unless such certificates of indebtedness or
  237  assessment liens have been theretofore pledged for any bonds or
  238  other obligations authorized hereunder. In the event of the
  239  creation of such special fund and the issuance of such
  240  assessment bonds or other obligations, the proceeds of such
  241  certificates of indebtedness or assessment liens deposited
  242  therein shall be used only for the payment of the assessment
  243  bonds or other obligations issued as provided in this section.
  244  The district is hereby authorized to covenant with the holders
  245  of such assessment bonds or other obligations that it will
  246  diligently and faithfully enforce and collect all the special
  247  assessments and interest and penalties thereon for which such
  248  certificates of indebtedness or assessment liens have been
  249  deposited in or assigned to such fund, and to foreclose such
  250  assessment liens so assigned to such special fund or represented
  251  by the certificates of indebtedness deposited in said special
  252  fund, after such assessment liens have become delinquent and
  253  deposit the proceeds derived from such foreclosure, including
  254  interest and penalties, in such special fund, and to further
  255  make any other necessary covenants deemed necessary or advisable
  256  in order to properly secure the holders of such assessment bonds
  257  or other obligations.
  258         Reviser’s note.—Amended to correct an apparent error. Section
  259         153.73(10) does not reference assessment liens; s.
  260         153.73(11)(c) provides that all assessments constitute a
  261         lien on the property assessed.
  262         Section 11. Subsection (16) of section 159.02, Florida
  263  Statutes, is amended to read:
  264         159.02 Definitions.—As used in this part, the following
  265  words and terms shall have the following meanings, unless some
  266  other meaning is plainly intended:
  267         (16) The term “utilities services taxes” shall mean taxes
  268  levied and collected on the purchase or sale of utilities
  269  services pursuant to ss. 167.431 and 167.45 or any other law.
  270         Reviser’s note.—Amended to delete references to ss. 167.431 and
  271         167.45, which were repealed by s. 5, ch. 73-129, Laws of
  272         Florida.
  273         Section 12. Subsection (1) of section 161.091, Florida
  274  Statutes, is amended to read:
  275         161.091 Beach management; funding; repair and maintenance
  276  strategy.—
  277         (1) Subject to such appropriations as the Legislature may
  278  make therefor from time to time, disbursements from the Land
  279  Acquisition Trust Fund may be made by the department in order to
  280  carry out the proper state responsibilities in a comprehensive,
  281  long-range, statewide beach management plan for erosion control;
  282  beach preservation, restoration, and nourishment; and storm and
  283  hurricane protection; and other activities authorized for
  284  beaches and shores pursuant to s. 28, Art. X of the State
  285  Constitution. Legislative intent in appropriating such funds is
  286  for the implementation of those projects that contribute most
  287  significantly to addressing the state’s beach erosion problems.
  288         Reviser’s note.—Amended to confirm the editorial deletion of the
  289         word “and.”
  290         Section 13. Paragraph (a) of subsection (6) of section
  291  163.3177, Florida Statutes, is amended to read:
  292         163.3177 Required and optional elements of comprehensive
  293  plan; studies and surveys.—
  294         (6) In addition to the requirements of subsections (1)-(5),
  295  the comprehensive plan shall include the following elements:
  296         (a) A future land use plan element designating proposed
  297  future general distribution, location, and extent of the uses of
  298  land for residential uses, commercial uses, industry,
  299  agriculture, recreation, conservation, education, public
  300  facilities, and other categories of the public and private uses
  301  of land. The approximate acreage and the general range of
  302  density or intensity of use shall be provided for the gross land
  303  area included in each existing land use category. The element
  304  shall establish the long-term end toward which land use programs
  305  and activities are ultimately directed.
  306         1. Each future land use category must be defined in terms
  307  of uses included, and must include standards to be followed in
  308  the control and distribution of population densities and
  309  building and structure intensities. The proposed distribution,
  310  location, and extent of the various categories of land use shall
  311  be shown on a land use map or map series which shall be
  312  supplemented by goals, policies, and measurable objectives.
  313         2. The future land use plan and plan amendments shall be
  314  based upon surveys, studies, and data regarding the area, as
  315  applicable, including:
  316         a. The amount of land required to accommodate anticipated
  317  growth.
  318         b. The projected permanent and seasonal population of the
  319  area.
  320         c. The character of undeveloped land.
  321         d. The availability of water supplies, public facilities,
  322  and services.
  323         e. The need for redevelopment, including the renewal of
  324  blighted areas and the elimination of nonconforming uses which
  325  are inconsistent with the character of the community.
  326         f. The compatibility of uses on lands adjacent to or
  327  closely proximate to military installations.
  328         g. The compatibility of uses on lands adjacent to an
  329  airport as defined in s. 330.35 and consistent with s. 333.02.
  330         h. The discouragement of urban sprawl.
  331         i. The need for job creation, capital investment, and
  332  economic development that will strengthen and diversify the
  333  community’s economy.
  334         j. The need to modify land uses and development patterns
  335  within antiquated subdivisions.
  336         3. The future land use plan element shall include criteria
  337  to be used to:
  338         a. Achieve the compatibility of lands adjacent or closely
  339  proximate to military installations, considering factors
  340  identified in s. 163.3175(5).
  341         b. Achieve the compatibility of lands adjacent to an
  342  airport as defined in s. 330.35 and consistent with s. 333.02.
  343         c. Encourage preservation of recreational and commercial
  344  working waterfronts for water-dependent uses in coastal
  345  communities.
  346         d. Encourage the location of schools proximate to urban
  347  residential areas to the extent possible.
  348         e. Coordinate future land uses with the topography and soil
  349  conditions, and the availability of facilities and services.
  350         f. Ensure the protection of natural and historic resources.
  351         g. Provide for the compatibility of adjacent land uses.
  352         h. Provide guidelines for the implementation of mixed-use
  353  development including the types of uses allowed, the percentage
  354  distribution among the mix of uses, or other standards, and the
  355  density and intensity of each use.
  356         4. The amount of land designated for future planned uses
  357  shall provide a balance of uses that foster vibrant, viable
  358  communities and economic development opportunities and address
  359  outdated development patterns, such as antiquated subdivisions.
  360  The amount of land designated for future land uses should allow
  361  the operation of real estate markets to provide adequate choices
  362  for permanent and seasonal residents and business and may not be
  363  limited solely by the projected population. The element shall
  364  accommodate at least the minimum amount of land required to
  365  accommodate the medium projections as published by the Office of
  366  Economic and Demographic Research for at least a 10-year
  367  planning period unless otherwise limited under s. 380.05,
  368  including related rules of the Administration Commission.
  369         5. The future land use plan of a county may designate areas
  370  for possible future municipal incorporation.
  371         6. The land use maps or map series shall generally identify
  372  and depict historic district boundaries and shall designate
  373  historically significant properties meriting protection.
  374         7. The future land use element must clearly identify the
  375  land use categories in which public schools are an allowable
  376  use. When delineating the land use categories in which public
  377  schools are an allowable use, a local government shall include
  378  in the categories sufficient land proximate to residential
  379  development to meet the projected needs for schools in
  380  coordination with public school boards and may establish
  381  differing criteria for schools of different type or size. Each
  382  local government shall include lands contiguous to existing
  383  school sites, to the maximum extent possible, within the land
  384  use categories in which public schools are an allowable use.
  385         8. Future land use map amendments shall be based upon the
  386  following analyses:
  387         a. An analysis of the availability of facilities and
  388  services.
  389         b. An analysis of the suitability of the plan amendment for
  390  its proposed use considering the character of the undeveloped
  391  land, soils, topography, natural resources, and historic
  392  resources on site.
  393         c. An analysis of the minimum amount of land needed to
  394  achieve the goals and requirements of this section.
  395         9. The future land use element and any amendment to the
  396  future land use element shall discourage the proliferation of
  397  urban sprawl.
  398         a. The primary indicators that a plan or plan amendment
  399  does not discourage the proliferation of urban sprawl are listed
  400  below. The evaluation of the presence of these indicators shall
  401  consist of an analysis of the plan or plan amendment within the
  402  context of features and characteristics unique to each locality
  403  in order to determine whether the plan or plan amendment:
  404         (I) Promotes, allows, or designates for development
  405  substantial areas of the jurisdiction to develop as low
  406  intensity, low-density, or single-use development or uses.
  407         (II) Promotes, allows, or designates significant amounts of
  408  urban development to occur in rural areas at substantial
  409  distances from existing urban areas while not using undeveloped
  410  lands that are available and suitable for development.
  411         (III) Promotes, allows, or designates urban development in
  412  radial, strip, isolated, or ribbon patterns generally emanating
  413  from existing urban developments.
  414         (IV) Fails to adequately protect and conserve natural
  415  resources, such as wetlands, floodplains, native vegetation,
  416  environmentally sensitive areas, natural groundwater aquifer
  417  recharge areas, lakes, rivers, shorelines, beaches, bays,
  418  estuarine systems, and other significant natural systems.
  419         (V) Fails to adequately protect adjacent agricultural areas
  420  and activities, including silviculture, active agricultural and
  421  silvicultural activities, passive agricultural activities, and
  422  dormant, unique, and prime farmlands and soils.
  423         (VI) Fails to maximize use of existing public facilities
  424  and services.
  425         (VII) Fails to maximize use of future public facilities and
  426  services.
  427         (VIII) Allows for land use patterns or timing which
  428  disproportionately increase the cost in time, money, and energy
  429  of providing and maintaining facilities and services, including
  430  roads, potable water, sanitary sewer, stormwater management, law
  431  enforcement, education, health care, fire and emergency
  432  response, and general government.
  433         (IX) Fails to provide a clear separation between rural and
  434  urban uses.
  435         (X) Discourages or inhibits infill development or the
  436  redevelopment of existing neighborhoods and communities.
  437         (XI) Fails to encourage a functional mix of uses.
  438         (XII) Results in poor accessibility among linked or related
  439  land uses.
  440         (XIII) Results in the loss of significant amounts of
  441  functional open space.
  442         b. The future land use element or plan amendment shall be
  443  determined to discourage the proliferation of urban sprawl if it
  444  incorporates a development pattern or urban form that achieves
  445  four or more of the following:
  446         (I) Directs or locates economic growth and associated land
  447  development to geographic areas of the community in a manner
  448  that does not have an adverse impact on and protects natural
  449  resources and ecosystems.
  450         (II) Promotes the efficient and cost-effective provision or
  451  extension of public infrastructure and services.
  452         (III) Promotes walkable and connected communities and
  453  provides for compact development and a mix of uses at densities
  454  and intensities that will support a range of housing choices and
  455  a multimodal transportation system, including pedestrian,
  456  bicycle, and transit, if available.
  457         (IV) Promotes conservation of water and energy.
  458         (V) Preserves agricultural areas and activities, including
  459  silviculture, and dormant, unique, and prime farmlands and
  460  soils.
  461         (VI) Preserves open space and natural lands and provides
  462  for public open space and recreation needs.
  463         (VII) Creates a balance of land uses based upon demands of
  464  the residential population for the nonresidential needs of an
  465  area.
  466         (VIII) Provides uses, densities, and intensities of use and
  467  urban form that would remediate an existing or planned
  468  development pattern in the vicinity that constitutes sprawl or
  469  if it provides for an innovative development pattern such as
  470  transit-oriented developments or new towns as defined in s.
  471  163.3164.
  472         10. The future land use element shall include a future land
  473  use map or map series.
  474         a. The proposed distribution, extent, and location of the
  475  following uses shall be shown on the future land use map or map
  476  series:
  477         (I) Residential.
  478         (II) Commercial.
  479         (III) Industrial.
  480         (IV) Agricultural.
  481         (V) Recreational.
  482         (VI) Conservation.
  483         (VII) Educational.
  484         (VIII) Public.
  485         b. The following areas shall also be shown on the future
  486  land use map or map series, if applicable:
  487         (I) Historic district boundaries and designated
  488  historically significant properties.
  489         (II) Transportation concurrency management area boundaries
  490  or transportation concurrency exception area boundaries.
  491         (III) Multimodal transportation district boundaries.
  492         (IV) Mixed-use categories.
  493         c. The following natural resources or conditions shall be
  494  shown on the future land use map or map series, if applicable:
  495         (I) Existing and planned public potable waterwells, cones
  496  of influence, and wellhead protection areas.
  497         (II) Beaches and shores, including estuarine systems.
  498         (III) Rivers, bays, lakes, floodplains, and harbors.
  499         (IV) Wetlands.
  500         (V) Minerals and soils.
  501         (VI) Coastal high hazard areas.
  502         11. Local governments required to update or amend their
  503  comprehensive plan to include criteria and address compatibility
  504  of lands adjacent or closely proximate to existing military
  505  installations, or lands adjacent to an airport as defined in s.
  506  330.35 and consistent with s. 333.02, in their future land use
  507  plan element shall transmit the update or amendment to the state
  508  land planning agency by June 30, 2012.
  509         Reviser’s note.—Amended to delete an obsolete provision.
  510         Section 14. Subsection (1) of section 166.271, Florida
  511  Statutes, is amended to read:
  512         166.271 Surcharge on municipal facility parking fees.—
  513         (1) The governing authority of any municipality with a
  514  resident population of 200,000 or more, more than 20 percent of
  515  the real property of which is exempt from ad valorem taxes, and
  516  which is located in a county with a population of more than
  517  500,000 may impose and collect, subject to referendum approval
  518  by voters in the municipality, a discretionary per vehicle
  519  surcharge of up to 15 percent of the amount charged for the
  520  sale, lease, or rental of space at parking facilities within the
  521  municipality which are open for use to the general public and
  522  which are not airports, seaports, county administration
  523  buildings, or other projects as defined under ss. 125.011 and
  524  125.015, provided that this surcharge shall not take effect
  525  while any surcharge imposed pursuant to former s. 218.503(6)(a),
  526  is in effect.
  527         Reviser’s note.—Amended to delete obsolete language. The
  528         surcharge imposed under former s. 218.503(6) expired
  529         pursuant to its own terms, effective June 30, 2006;
  530         confirmed by s. 6, ch. 2007-6, Laws of Florida, a reviser’s
  531         bill.
  532         Section 15. Subsection (2) of section 189.031, Florida
  533  Statutes, is amended to read:
  534         189.031 Legislative intent for the creation of independent
  535  special districts; special act prohibitions; model elements and
  536  other requirements; local general-purpose government/Governor
  537  and Cabinet creation authorizations.—
  538         (2) SPECIAL ACTS PROHIBITED.—Pursuant to s. 11(a)(21), Art.
  539  III of the State Constitution, the Legislature hereby prohibits
  540  special laws or general laws of local application which:
  541         (a) Create independent special districts that do not, at a
  542  minimum, conform to the minimum requirements in subsection (3);
  543         (b) Exempt independent special district elections from the
  544  appropriate requirements in s. 189.04;
  545         (c) Exempt an independent special district from the
  546  requirements for bond referenda in s. 189.042;
  547         (d) Exempt an independent special district from the
  548  reporting, notice, or public meetings requirements of s.
  549  189.015, s. 189.016, s. 189.051, or s. 189.08; or
  550         (e) Create an independent special district for which a
  551  statement has not been submitted to the Legislature that
  552  documents the following:
  553         1. The purpose of the proposed district;
  554         2. The authority of the proposed district;
  555         3. An explanation of why the district is the best
  556  alternative; and
  557         4. A resolution or official statement of the governing body
  558  or an appropriate administrator of the local jurisdiction within
  559  which the proposed district is located stating that the creation
  560  of the proposed district is consistent with the approved local
  561  government plans of the local governing body and that the local
  562  government has no objection to the creation of the proposed
  563  district.
  564         Reviser’s note.—Amended to improve clarity.
  565         Section 16. Paragraphs (l) and (m) of subsection (8) of
  566  section 200.001, Florida Statutes, are amended to read:
  567         200.001 Millages; definitions and general provisions.—
  568         (8)
  569         (l) “Maximum total county ad valorem taxes levied” means
  570  the total taxes levied by a county, municipal service taxing
  571  units of that county, and special districts dependent to that
  572  county at their individual maximum millages, calculated pursuant
  573  to s. 200.065(5)(a) for fiscal years 2009-2010 and thereafter
  574  and pursuant to s. 200.185 for fiscal years 2007-2008 and 2008
  575  2009.
  576         (m) “Maximum total municipal ad valorem taxes levied” means
  577  the total taxes levied by a municipality and special districts
  578  dependent to that municipality at their individual maximum
  579  millages, calculated pursuant to s. 200.065(5)(b) for fiscal
  580  years 2009-2010 and thereafter and by s. 200.185 for fiscal
  581  years 2007-2008 and 2008-2009.
  582         Reviser’s note.—Amended to delete obsolete language and to
  583         conform to the repeal of s. 200.185 by this act.
  584         Section 17. Paragraph (b) of subsection (5) and paragraphs
  585  (d) and (e) of subsection (13) of section 200.065, Florida
  586  Statutes, are amended to read:
  587         200.065 Method of fixing millage.—
  588         (5) In each fiscal year:
  589         (b) The millage rate of a county or municipality, municipal
  590  service taxing unit of that county, and any special district
  591  dependent to that county or municipality may exceed the maximum
  592  millage rate calculated pursuant to this subsection if the total
  593  county ad valorem taxes levied or total municipal ad valorem
  594  taxes levied do not exceed the maximum total county ad valorem
  595  taxes levied or maximum total municipal ad valorem taxes levied
  596  respectively. Voted millage and taxes levied by a municipality
  597  or independent special district that has levied ad valorem taxes
  598  for less than 5 years are not subject to this limitation. The
  599  millage rate of a county authorized to levy a county public
  600  hospital surtax under s. 212.055 may exceed the maximum millage
  601  rate calculated pursuant to this subsection to the extent
  602  necessary to account for the revenues required to be contributed
  603  to the county public hospital. Total taxes levied may exceed the
  604  maximum calculated pursuant to subsection (6) as a result of an
  605  increase in taxable value above that certified in subsection (1)
  606  if such increase is less than the percentage amounts contained
  607  in subsection (6) or if the administrative adjustment cannot be
  608  made because the value adjustment board is still in session at
  609  the time the tax roll is extended; otherwise, millage rates
  610  subject to this subsection or s. 200.185 may be reduced so that
  611  total taxes levied do not exceed the maximum.
  612  
  613  Any unit of government operating under a home rule charter
  614  adopted pursuant to ss. 10, 11, and 24, Art. VIII of the State
  615  Constitution of 1885, as preserved by s. 6(e), Art. VIII of the
  616  State Constitution of 1968, which is granted the authority in
  617  the State Constitution to exercise all the powers conferred now
  618  or hereafter by general law upon municipalities and which
  619  exercises such powers in the unincorporated area shall be
  620  recognized as a municipality under this subsection. For a
  621  downtown development authority established before the effective
  622  date of the 1968 State Constitution which has a millage that
  623  must be approved by a municipality, the governing body of that
  624  municipality shall be considered the governing body of the
  625  downtown development authority for purposes of this subsection.
  626         (13)
  627         (d) If any county or municipality, dependent special
  628  district of such county or municipality, or municipal service
  629  taxing unit of such county is in violation of subsection (5) or
  630  s. 200.185 because total county or municipal ad valorem taxes
  631  exceeded the maximum total county or municipal ad valorem taxes,
  632  respectively, that county or municipality shall forfeit the
  633  distribution of local government half-cent sales tax revenues
  634  during the 12 months following a determination of noncompliance
  635  by the Department of Revenue as described in s. 218.63(3) and
  636  this subsection. If the executive director of the Department of
  637  Revenue determines that any county or municipality, dependent
  638  special district of such county or municipality, or municipal
  639  service taxing unit of such county is in violation of subsection
  640  (5) or s. 200.185, the Department of Revenue and the county or
  641  municipality, dependent special district of such county or
  642  municipality, or municipal service taxing unit of such county
  643  shall follow the procedures set forth in this paragraph or
  644  paragraph (e). During the pendency of any procedure under
  645  paragraph (e) or any administrative or judicial action to
  646  challenge any action taken under this subsection, the tax
  647  collector shall hold in escrow any revenues collected by the
  648  noncomplying county or municipality, dependent special district
  649  of such county or municipality, or municipal service taxing unit
  650  of such county in excess of the amount allowed by subsection (5)
  651  or s. 200.185, as determined by the executive director. Such
  652  revenues shall be held in escrow until the process required by
  653  paragraph (e) is completed and approved by the department. The
  654  department shall direct the tax collector to so hold such funds.
  655  If the county or municipality, dependent special district of
  656  such county or municipality, or municipal service taxing unit of
  657  such county remedies the noncompliance, any moneys collected in
  658  excess of the new levy or in excess of the amount allowed by
  659  subsection (5) or s. 200.185 shall be held in reserve until the
  660  subsequent fiscal year and shall then be used to reduce ad
  661  valorem taxes otherwise necessary. If the county or
  662  municipality, dependent special district of such county or
  663  municipality, or municipal service taxing unit of such county
  664  does not remedy the noncompliance, the provisions of s. 218.63
  665  shall apply.
  666         (e) The following procedures shall be followed when the
  667  executive director notifies any county or municipality,
  668  dependent special district of such county or municipality, or
  669  municipal service taxing unit of such county that he or she has
  670  determined that such taxing authority is in violation of
  671  subsection (5) or s. 200.185:
  672         1. Within 30 days after the deadline for certification of
  673  compliance required by s. 200.068, the executive director shall
  674  notify any such county or municipality, dependent special
  675  district of such county or municipality, or municipal service
  676  taxing unit of such county of his or her determination regarding
  677  subsection (5) or s. 200.185 and that such taxing authority is
  678  subject to subparagraph 2.
  679         2. Any taxing authority so noticed by the executive
  680  director shall repeat the hearing and notice process required by
  681  paragraph (2)(d), except that:
  682         a. The advertisement shall appear within 15 days after
  683  notice from the executive director.
  684         b. The advertisement, in addition to meeting the
  685  requirements of subsection (3), must contain the following
  686  statement in boldfaced type immediately after the heading:
  687  
  688         THE PREVIOUS NOTICE PLACED BY THE ...(name of taxing
  689  authority)... HAS BEEN DETERMINED BY THE DEPARTMENT OF REVENUE
  690  TO BE IN VIOLATION OF THE LAW, NECESSITATING THIS SECOND NOTICE.
  691  
  692         c. The millage newly adopted at such hearing shall not be
  693  forwarded to the tax collector or property appraiser and may not
  694  exceed the rate previously adopted or the amount allowed by
  695  subsection (5) or s. 200.185. Each taxing authority provided
  696  notice pursuant to this paragraph shall recertify compliance
  697  with this chapter as provided in this section within 15 days
  698  after the adoption of a millage at such hearing.
  699         d. The determination of the executive director shall be
  700  superseded if the executive director determines that the county
  701  or municipality, dependent special district of such county or
  702  municipality, or municipal service taxing unit of such county
  703  has remedied the noncompliance. Such noncompliance shall be
  704  determined to be remedied if any such taxing authority provided
  705  notice by the executive director pursuant to this paragraph
  706  adopts a new millage that does not exceed the maximum millage
  707  allowed for such taxing authority under paragraph (5)(a) or s.
  708  200.185(1)-(5), or if any such county or municipality, dependent
  709  special district of such county or municipality, or municipal
  710  service taxing unit of such county adopts a lower millage
  711  sufficient to reduce the total taxes levied such that total
  712  taxes levied do not exceed the maximum as provided in paragraph
  713  (5)(b) or s. 200.185(8).
  714         e. If any such county or municipality, dependent special
  715  district of such county or municipality, or municipal service
  716  taxing unit of such county has not remedied the noncompliance or
  717  recertified compliance with this chapter as provided in this
  718  paragraph, and the executive director determines that the
  719  noncompliance has not been remedied or compliance has not been
  720  recertified, the county or municipality shall forfeit the
  721  distribution of local government half-cent sales tax revenues
  722  during the 12 months following a determination of noncompliance
  723  by the Department of Revenue as described in s. 218.63(2) and
  724  (3) and this subsection.
  725         f. The determination of the executive director is not
  726  subject to chapter 120.
  727         Reviser’s note.—Amended to conform to the repeal of s. 200.185
  728         by this act.
  729         Section 18. Section 200.068, Florida Statutes, is amended
  730  to read:
  731         200.068 Certification of compliance with this chapter.—Not
  732  later than 30 days following adoption of an ordinance or
  733  resolution establishing a property tax levy, each taxing
  734  authority shall certify compliance with the provisions of this
  735  chapter to the Department of Revenue. In addition to a statement
  736  of compliance, such certification shall include a copy of the
  737  ordinance or resolution so adopted; a copy of the certification
  738  of value showing rolled-back millage and proposed millage rates,
  739  as provided to the property appraiser pursuant to s. 200.065(1)
  740  and (2)(b); maximum millage rates calculated pursuant to s.
  741  200.065(5), s. 200.185, or s. 200.186, together with values and
  742  calculations upon which the maximum millage rates are based; and
  743  a certified copy of the advertisement, as published pursuant to
  744  s. 200.065(3). In certifying compliance, the governing body of
  745  the county shall also include a certified copy of the notice
  746  required under s. 194.037. However, if the value adjustment
  747  board completes its hearings after the deadline for
  748  certification under this section, the county shall submit such
  749  copy to the department not later than 30 days following
  750  completion of such hearings.
  751         Reviser’s note.—Amended to conform to the repeal of s. 200.185
  752         by this act and to delete a reference to s. 200.186, which
  753         was created by s. 28, ch. 2007-321, Laws of Florida,
  754         effective contingent upon a constitutional amendment which
  755         did pass but for which the ballot language was ruled
  756         unconstitutional; s. 200.186 did not become effective.
  757         Section 19. Section 200.141, Florida Statutes, is amended
  758  to read:
  759         200.141 Millage following consolidation of city and county
  760  functions.—Those cities or counties which now or hereafter
  761  provide both municipal and county services as authorized under
  762  ss. 9-11 and 24 of Art. VIII of the State Constitution of 1885,
  763  as preserved by s. (6)(e), Art. VIII of the State Constitution
  764  of 1968, shall have the right to levy for county, district and
  765  municipal purposes a millage up to 20 mills on the dollar of
  766  assessed valuation under this section. For each increase in the
  767  county millage above 10 mills which is attributable to an
  768  assumption of municipal services by a county having home rule,
  769  or for each increase in the municipal millage above 10 mills
  770  which is attributable to an assumption of county services by a
  771  city having home rule, there shall be a decrease in the millage
  772  levied by each and every municipality which has a service or
  773  services assumed by the county, or by the county which has a
  774  service or services assumed by the city. Such decrease shall be
  775  equal to the cost of that service or services assumed, so that
  776  an amount equal to that cost shall be eliminated from the budget
  777  of the county or city giving up the performance of such service
  778  or services.
  779         Reviser’s note.—Amended to conform to the citation style used at
  780         other provisions in the Florida Statutes citing to ss. 9-11
  781         and 24 of Art. VIII of the State Constitution of 1885,
  782         which were preserved by s. (6)(e), Art. VIII of the State
  783         Constitution of 1968.
  784         Section 20. Section 200.185, Florida Statutes, is repealed.
  785         Reviser’s note.—The cited section, which relates to maximum
  786         millage rates for the 2007-2008 and 2008-2009 fiscal years,
  787         is repealed to delete a provision that has served its
  788         purpose.
  789         Section 21. Paragraph (o) of subsection (5) of section
  790  212.08, Florida Statutes, is amended to read:
  791         212.08 Sales, rental, use, consumption, distribution, and
  792  storage tax; specified exemptions.—The sale at retail, the
  793  rental, the use, the consumption, the distribution, and the
  794  storage to be used or consumed in this state of the following
  795  are hereby specifically exempt from the tax imposed by this
  796  chapter.
  797         (5) EXEMPTIONS; ACCOUNT OF USE.—
  798         (o) Building materials in redevelopment projects.—
  799         1. As used in this paragraph, the term:
  800         a. “Building materials” means tangible personal property
  801  that becomes a component part of a housing project or a mixed
  802  use project.
  803         b. “Housing project” means the conversion of an existing
  804  manufacturing or industrial building to a housing unit which is
  805  in an urban high-crime area, an enterprise zone, an empowerment
  806  zone, a Front Porch Florida Community, a designated brownfield
  807  site for which a rehabilitation agreement with the Department of
  808  Environmental Protection or a local government delegated by the
  809  Department of Environmental Protection has been executed under
  810  s. 376.80 and any abutting real property parcel within a
  811  brownfield area, or an urban infill area; and in which the
  812  developer agrees to set aside at least 20 percent of the housing
  813  units in the project for low-income and moderate-income persons
  814  or the construction in a designated brownfield area of
  815  affordable housing for persons described in s. 420.0004(9),
  816  (11), (12), or (17) or in s. 159.603(7).
  817         c. “Mixed-use project” means the conversion of an existing
  818  manufacturing or industrial building to mixed-use units that
  819  include artists’ studios, art and entertainment services, or
  820  other compatible uses. A mixed-use project must be located in an
  821  urban high-crime area, an enterprise zone, an empowerment zone,
  822  a Front Porch Florida Community, a designated brownfield site
  823  for which a rehabilitation agreement with the Department of
  824  Environmental Protection or a local government delegated by the
  825  Department of Environmental Protection has been executed under
  826  s. 376.80 and any abutting real property parcel within a
  827  brownfield area, or an urban infill area; and the developer must
  828  agree to set aside at least 20 percent of the square footage of
  829  the project for low-income and moderate-income housing.
  830         d. “Substantially completed” has the same meaning as
  831  provided in s. 192.042(1).
  832         2. Building materials used in the construction of a housing
  833  project or mixed-use project are exempt from the tax imposed by
  834  this chapter upon an affirmative showing to the satisfaction of
  835  the department that the requirements of this paragraph have been
  836  met. This exemption inures to the owner through a refund of
  837  previously paid taxes. To receive this refund, the owner must
  838  file an application under oath with the department which
  839  includes:
  840         a. The name and address of the owner.
  841         b. The address and assessment roll parcel number of the
  842  project for which a refund is sought.
  843         c. A copy of the building permit issued for the project.
  844         d. A certification by the local building code inspector
  845  that the project is substantially completed.
  846         e. A sworn statement, under penalty of perjury, from the
  847  general contractor licensed in this state with whom the owner
  848  contracted to construct the project, which statement lists the
  849  building materials used in the construction of the project and
  850  the actual cost thereof, and the amount of sales tax paid on
  851  these materials. If a general contractor was not used, the owner
  852  shall provide this information in a sworn statement, under
  853  penalty of perjury. Copies of invoices evidencing payment of
  854  sales tax must be attached to the sworn statement.
  855         3. An application for a refund under this paragraph must be
  856  submitted to the department within 6 months after the date the
  857  project is deemed to be substantially completed by the local
  858  building code inspector. Within 30 working days after receipt of
  859  the application, the department shall determine if it meets the
  860  requirements of this paragraph. A refund approved pursuant to
  861  this paragraph shall be made within 30 days after formal
  862  approval of the application by the department.
  863         4. The department shall establish by rule an application
  864  form and criteria for establishing eligibility for exemption
  865  under this paragraph.
  866         5. The exemption shall apply to purchases of materials on
  867  or after July 1, 2000.
  868         Reviser’s note.—Amended to confirm the editorial insertion of
  869         the word “Florida” to conform to the full title of
  870         communities receiving grants through the Front Porch
  871         Florida Initiative.
  872         Section 22. Subsection (8) of section 213.0532, Florida
  873  Statutes, is amended to read:
  874         213.0532 Information-sharing agreements with financial
  875  institutions.—
  876         (8) Any financial records obtained pursuant to this section
  877  may be disclosed only for the purpose of, and to the extent
  878  necessary for, administration and enforcement of to administer
  879  and enforce the tax laws of this state.
  880         Reviser’s note.—Amended to improve sentence construction.
  881         Section 23. Paragraph (b) of subsection (5) of section
  882  218.39, Florida Statutes, is amended to read:
  883         218.39 Annual financial audit reports.—
  884         (5) At the conclusion of the audit, the auditor shall
  885  discuss with the chair of the governing body of the local
  886  governmental entity or the chair’s designee, the elected
  887  official of each county agency or the elected official’s
  888  designee, the chair of the district school board or the chair’s
  889  designee, the chair of the board of the charter school or the
  890  chair’s designee, or the chair of the board of the charter
  891  technical career center or the chair’s designee, as appropriate,
  892  all of the auditor’s comments that will be included in the audit
  893  report. If the officer is not available to discuss the auditor’s
  894  comments, their discussion is presumed when the comments are
  895  delivered in writing to his or her office. The auditor shall
  896  notify each member of the governing body of a local governmental
  897  entity, district school board, charter school, or charter
  898  technical career center for which:
  899         (b) A fund balance deficit in total or a deficit for that
  900  portion of a fund balance not classified as restricted,
  901  committed, or nonspendable, or a total or unrestricted net
  902  assets deficit, as reported on the fund financial statements of
  903  entities required to report under governmental financial
  904  reporting standards or on the basic financial statements of
  905  entities required to report under not-for-profit financial
  906  reporting standards, for which sufficient resources of the local
  907  governmental entity, charter school, charter technical career
  908  center, or district school board, as reported on the fund
  909  financial statements, are not available to cover the deficit.
  910  Resources available to cover reported deficits include fund
  911  balance or net assets that are not otherwise restricted by
  912  federal, state, or local laws, bond covenants, contractual
  913  agreements, or other legal constraints. Property, plant, and
  914  equipment, the disposal of which would impair the ability of a
  915  local governmental entity, charter school, charter technical
  916  career center, or district school board to carry out its
  917  functions, are not considered resources available to cover
  918  reported deficits.
  919         Reviser’s note.—Amended to facilitate correct understanding.
  920         Section 24. Subsection (1) of section 220.63, Florida
  921  Statutes, is amended to read:
  922         220.63 Franchise tax imposed on banks and savings
  923  associations.—
  924         (1) A franchise tax measured by net income is hereby
  925  imposed on every bank and savings association for each taxable
  926  year commencing on or after January 1, 1973, and for each
  927  taxable year which begins before and ends after January 1, 1973.
  928  The franchise tax base of any bank for a taxable year which
  929  begins before and ends after January 1, 1972, shall be prorated
  930  in the manner prescribed for the proration of net income under
  931  s. 220.12(2).
  932         Reviser’s note.—Amended to delete an obsolete provision and
  933         conform to the repeal of s. 220.12(2) by s. 14, ch. 90-203,
  934         Laws of Florida.
  935         Section 25. Paragraph (c) of subsection (3) of section
  936  238.05, Florida Statutes, is amended to read:
  937         238.05 Membership.—
  938         (3) Except as otherwise provided in s. 238.07(9),
  939  membership of any person in the retirement system will cease if
  940  he or she is continuously unemployed as a teacher for a period
  941  of more than 5 consecutive years, or upon the withdrawal by the
  942  member of his or her accumulated contributions as provided in s.
  943  238.07(13), or upon retirement, or upon death; provided that the
  944  adjustments prescribed below are to be made for persons who
  945  enter the Armed Forces of the United States during a period of
  946  war or national emergency and for persons who are granted leaves
  947  of absence. Any member of the retirement system who within 1
  948  year before the time of entering the Armed Forces of the United
  949  States was a teacher, as defined in s. 238.01, or was engaged in
  950  other public educational work within the state, and member of
  951  the Teachers’ Retirement System at the time of induction, or who
  952  has been or is granted leave of absence, shall be permitted to
  953  elect to continue his or her membership in the Teachers’
  954  Retirement System; and membership service shall be allowed for
  955  the period covered by service in the Armed Forces of the United
  956  States or by leave of absence under the following conditions:
  957         (c)Any person who served in the Armed Forces of the United
  958  States in World War I, or who served as a registered nurse or
  959  nurse’s aide in service connected with the Armed Forces of the
  960  United States during the period of World War I, and who is now a
  961  member of the Teachers’ Retirement System and who, at or before
  962  the time of entering the Armed Forces or the service of the care
  963  and nursing of members of the Armed Forces of the United States,
  964  was a teacher as defined in s. 238.01 is entitled to prior
  965  service and out-of-state prior service credit in the Teachers’
  966  Retirement System for his or her period of such service.
  967         Reviser’s note.—Amended to delete an obsolete provision.
  968         Section 26. Section 255.041, Florida Statutes, is amended
  969  to read:
  970         255.041 Separate specifications for building contracts.
  971  Every officer, board, department, or commission or commissions
  972  charged with the duty of preparing specifications or awarding or
  973  entering into contract for the erection, construction, or
  974  altering of buildings for the state, when the entire cost of
  975  such work shall exceed $10,000, may have prepared separate
  976  specifications for each of the following branches of work to be
  977  performed:
  978         (1) Heating and ventilating and accessories.
  979         (2) Plumbing and gas fitting and accessories.
  980         (3) Electrical installations.
  981         (4) Air-conditioning, for the purpose of comfort cooling by
  982  the lowering of temperature, and accessories.
  983  
  984  All such specifications may be so drawn as to permit separate
  985  and independent bidding upon each of the classes of work
  986  enumerated in the above subdivisions. All contracts hereafter
  987  awarded by the state or a department, board, commissioner, or
  988  officer thereof, for the erection, construction or alteration of
  989  buildings, or any part thereof, may award the respective work
  990  specified in the above subdivisions separately to responsible
  991  and reliable persons, firms or corporations regularly engaged in
  992  their respective line of work; provided, however, that all or
  993  any part of the work specified in the above subdivisions may be
  994  awarded to the same contractor.
  995         Reviser’s note.—Amended to improve clarity.
  996         Section 27. Subsection (2) of section 255.254, Florida
  997  Statutes, is amended to read:
  998         255.254 No facility constructed or leased without life
  999  cycle costs.—
 1000         (2) On and after January 1, 1979, No state agency shall
 1001  initiate construction or have construction initiated, prior to
 1002  approval thereof by the department, on a facility or self
 1003  contained unit of any facility, the design and construction of
 1004  which incorporates or contemplates the use of an energy system
 1005  other than a solar energy system when the life-cycle costs
 1006  analysis prepared by the department has determined that a solar
 1007  energy system is the most cost-efficient energy system for the
 1008  facility or unit.
 1009  Reviser’s note.—Amended to delete an obsolete provision.
 1010         Section 28. Paragraph (b) of subsection (9) of section
 1011  259.032, Florida Statutes, is amended to read:
 1012         259.032 Conservation and recreation lands.—
 1013         (9)
 1014         (b) An amount of not less than 1.5 percent of the
 1015  cumulative total of funds ever deposited into the former Florida
 1016  Preservation 2000 Trust Fund and the Florida Forever Trust Fund
 1017  shall be made available for the purposes of management,
 1018  maintenance, and capital improvements, and for associated
 1019  contractual services, for conservation and recreation lands
 1020  acquired with funds deposited into the Land Acquisition Trust
 1021  Fund pursuant to s. 28(a), Art. X of the State Constitution or
 1022  pursuant to former s. 259.032, Florida Statutes 2014, former s.
 1023  259.101, Florida Statutes 2014, s. 259.105, s. 259.1052, or
 1024  previous programs for the acquisition of lands for conservation
 1025  and recreation, including state forests, to which title is
 1026  vested in the board of trustees and other conservation and
 1027  recreation lands managed by a state agency. Each agency with
 1028  management responsibilities shall annually request from the
 1029  Legislature funds sufficient to fulfill such responsibilities to
 1030  implement individual management plans. For the purposes of this
 1031  paragraph, capital improvements shall include, but need not be
 1032  limited to, perimeter fencing, signs, firelanes, access roads
 1033  and trails, and minimal public accommodations, such as primitive
 1034  campsites, garbage receptacles, and toilets. Any equipment
 1035  purchased with funds provided pursuant to this paragraph may be
 1036  used for the purposes described in this paragraph on any
 1037  conservation and recreation lands managed by a state agency. The
 1038  funding requirement created in this paragraph is subject to an
 1039  annual evaluation by the Legislature to ensure that such
 1040  requirement does not impact the respective trust fund in a
 1041  manner that would prevent the trust fund from meeting other
 1042  minimum requirements.
 1043         Reviser’s note.—Amended to conform to the termination of the
 1044         Florida Preservation 2000 Trust Fund pursuant to s. 1, ch.
 1045         2015-229, Laws of Florida, and the repeal of s. 375.045,
 1046         which created the trust fund, by s. 52, ch. 2015-229.
 1047         Section 29. Paragraph (d) of subsection (2) of section
 1048  272.135, Florida Statutes, is amended to read:
 1049         272.135 Florida Historic Capitol Museum Director.—
 1050         (2) The director shall:
 1051         (d) Propose a strategic plan to the President of the Senate
 1052  and the Speaker of the House of Representatives by May 1 of each
 1053  year in which a general election is held and shall propose an
 1054  annual operating plan.
 1055         Reviser’s note.—Amended to confirm the editorial deletion of the
 1056         world “shall.”
 1057         Section 30. Subsection (4) of section 288.012, Florida
 1058  Statutes, is amended to read:
 1059         288.012 State of Florida international offices; state
 1060  protocol officer; protocol manual.—The Legislature finds that
 1061  the expansion of international trade and tourism is vital to the
 1062  overall health and growth of the economy of this state. This
 1063  expansion is hampered by the lack of technical and business
 1064  assistance, financial assistance, and information services for
 1065  businesses in this state. The Legislature finds that these
 1066  businesses could be assisted by providing these services at
 1067  State of Florida international offices. The Legislature further
 1068  finds that the accessibility and provision of services at these
 1069  offices can be enhanced through cooperative agreements or
 1070  strategic alliances between private businesses and state, local,
 1071  and international governmental entities.
 1072         (4) The Department of Economic Opportunity, in connection
 1073  with the establishment, operation, and management of any of its
 1074  offices located in another country, is exempt from the
 1075  provisions of ss. 255.21, 255.25, and 255.254 relating to
 1076  leasing of buildings; ss. 283.33 and 283.35 relating to bids for
 1077  printing; ss. 287.001-287.20 relating to purchasing and motor
 1078  vehicles; and ss. 282.003-282.00515 282.003-282.0056 and
 1079  282.702-282.7101 relating to communications, and from all
 1080  statutory provisions relating to state employment.
 1081         (a) The department may exercise such exemptions only upon
 1082  prior approval of the Governor.
 1083         (b) If approval for an exemption under this section is
 1084  granted as an integral part of a plan of operation for a
 1085  specified international office, such action shall constitute
 1086  continuing authority for the department to exercise the
 1087  exemption, but only in the context and upon the terms originally
 1088  granted. Any modification of the approved plan of operation with
 1089  respect to an exemption contained therein must be resubmitted to
 1090  the Governor for his or her approval. An approval granted to
 1091  exercise an exemption in any other context shall be restricted
 1092  to the specific instance for which the exemption is to be
 1093  exercised.
 1094         (c) As used in this subsection, the term “plan of
 1095  operation” means the plan developed pursuant to subsection (2).
 1096         (d) Upon final action by the Governor with respect to a
 1097  request to exercise the exemption authorized in this subsection,
 1098  the department shall report such action, along with the original
 1099  request and any modifications thereto, to the President of the
 1100  Senate and the Speaker of the House of Representatives within 30
 1101  days.
 1102         Reviser’s note.—Amended to conform to the repeal of s. 282.0056
 1103         by s. 12, ch. 2014-221, Laws of Florida.
 1104         Section 31. Paragraph (b) of subsection (4) of section
 1105  311.12, Florida Statutes, is amended to read:
 1106         311.12 Seaport security.—
 1107         (4) ACCESS TO SECURE AND RESTRICTED AREAS.—
 1108         (b) A seaport may not charge a fee for the administration
 1109  or production of any access control credential that requires or
 1110  is associated with a fingerprint-based background check, in
 1111  addition to the fee for the federal TWIC. Beginning July 1,
 1112  2013, a seaport may not charge a fee for a seaport-specific
 1113  access credential issued in addition to the federal TWIC, except
 1114  under the following circumstances:
 1115         1. The individual seeking to gain secured access is a new
 1116  hire as defined under 33 C.F.R. part s. 105; or
 1117         2. The individual has lost or misplaced his or her federal
 1118  TWIC.
 1119         Reviser’s note.—Amended to facilitate correct interpretation.
 1120         There is no 33 C.F.R. s. 105; there is a 33 C.F.R. part
 1121         105, which relates to security of maritime facilities.
 1122         Section 32. Subsection (5) of section 316.3025, Florida
 1123  Statutes, is amended to read:
 1124         316.3025 Penalties.—
 1125         (5) Whenever any person or motor carrier as defined in
 1126  chapter 320 violates the provisions of this section and becomes
 1127  indebted to the state because of such violation and refuses to
 1128  pay the appropriate penalty, in addition to the provisions of s.
 1129  316.3026, such penalty becomes a lien upon the property
 1130  including the motor vehicles of such person or motor carrier and
 1131  such property may be seized and foreclosed by the state in a
 1132  civil action in any court of this state. It shall be presumed
 1133  that the owner of the motor vehicle is liable for the sum, and
 1134  the vehicle may be detained or impounded until the penalty is
 1135  paid.
 1136         Reviser’s note.—Amended to improve clarity.
 1137         Section 33. Paragraph (c) of subsection (3) of section
 1138  333.07, Florida Statutes, is amended to read:
 1139         333.07 Permits and variances.—
 1140         (3) OBSTRUCTION MARKING AND LIGHTING.—
 1141         (c) Existing structures not in compliance on October 1,
 1142  1988, shall be required to comply whenever the existing marking
 1143  requires refurbishment, whenever the existing lighting requires
 1144  replacement, or within 5 years of October 1, 1988, whichever
 1145  occurs first.
 1146         Reviser’s note.—Amended to delete an obsolete provision.
 1147         Section 34. Subsection (2) of section 336.71, Florida
 1148  Statutes, is amended to read:
 1149         336.71 Public-private cooperation in construction of county
 1150  roads.—
 1151         (2) The notice for the public hearing provided for in
 1152  subsection (1) must be published at least 14 days before the
 1153  date of the public meeting at which the governing board takes
 1154  final action. The notice must identify the project and, the
 1155  estimated cost of the project, and specify that the purpose for
 1156  the public meeting is to consider whether it is in the public’s
 1157  best interest to accept the proposal and enter into an agreement
 1158  pursuant thereto. The determination of cost savings pursuant to
 1159  paragraph (1)(e) must be supported by a professional engineer’s
 1160  cost estimate made available to the public at least 14 days
 1161  before the public meeting and placed in the record for that
 1162  meeting.
 1163         Reviser’s note.—Amended to improve clarity.
 1164         Section 35. Subsection (13) of section 343.1003, Florida
 1165  Statutes, is amended to read:
 1166         343.1003 Northeast Florida Regional Transportation
 1167  Commission.—
 1168         (13) There shall be no liability on the part of, and no
 1169  cause of action may arise against, any member for any action
 1170  taken in the performance of his or her duties under this part.
 1171         Reviser’s note.—Amended to improve clarity.
 1172         Section 36. Paragraph (e) of subsection (1) of section
 1173  366.95, Florida Statutes, is amended to read:
 1174         366.95 Financing for certain nuclear generating asset
 1175  retirement or abandonment costs.—
 1176         (1) DEFINITIONS.—As used in this section, the term:
 1177         (e) “Financing costs” means:
 1178         1. Interest and acquisition, defeasance, or redemption
 1179  premiums payable on nuclear asset-recovery bonds;
 1180         2. Any payment required under an ancillary agreement and
 1181  any amount required to fund or replenish a reserve account or
 1182  other accounts established under the terms of any indenture,
 1183  ancillary agreement, or other financing documents pertaining to
 1184  nuclear asset-recovery bonds;
 1185         3. Any other cost related to issuing, supporting, repaying,
 1186  refunding, and servicing nuclear asset-recovery bonds,
 1187  including, but not limited to, servicing fees, accounting and
 1188  auditing fees, trustee fees, legal fees, consulting fees,
 1189  financial adviser fees, administrative fees, placement and
 1190  underwriting fees, capitalized interest, rating agency fees,
 1191  stock exchange listing and compliance fees, security
 1192  registration fees, filing fees, information technology
 1193  programming costs, and any other costs necessary to otherwise
 1194  ensure the timely payment of nuclear asset-recovery bonds or
 1195  other amounts or charges payable in connection with the bonds,
 1196  including costs related to obtaining the financing order;
 1197         4. Any taxes and license fees imposed on the revenues
 1198  generated from the collection of the nuclear asset-recovery
 1199  charge;
 1200         5. Any state and local taxes, franchise fees, gross
 1201  receipts taxes, and other taxes or similar charges, including,
 1202  but not limited to, regulatory assessment fees, in any such case
 1203  whether paid, payable, or accrued; and
 1204         6. Any costs incurred by the commission for any outside
 1205  consultants or counsel pursuant to subparagraph (2)(c)2.
 1206         Reviser’s note.—Amended to improve clarity and facilitate
 1207         correct interpretation.
 1208         Section 37. Subsection (8) of section 373.236, Florida
 1209  Statutes, is amended to read:
 1210         373.236 Duration of permits; compliance reports.—
 1211         (8) A water management district may issue a permit to an
 1212  applicant, as set forth in s. 163.3245(13), for the same period
 1213  of time as the applicant’s approved master development order if
 1214  the master development order was issued under s. 380.06(21) by a
 1215  county which, at the time the order was issued, was designated
 1216  as a rural area of opportunity under s. 288.0656, was not
 1217  located in an area encompassed by a regional water supply plan
 1218  as set forth in s. 373.709(1), and was not located within the
 1219  basin management action plan of a first magnitude spring. In
 1220  reviewing the permit application and determining the permit
 1221  duration, the water management district shall apply s.
 1222  163.3245(4)(b).
 1223         Reviser’s note.—Amended to confirm the editorial insertion of
 1224         the word “was” to improve clarity.
 1225         Section 38. Subsections (4) and (5) of section 373.4149,
 1226  Florida Statutes, are amended to read:
 1227         373.4149 Miami-Dade County Lake Belt Plan.—
 1228         (4) The identification of the Miami-Dade County Lake Belt
 1229  Area shall not preempt local land use jurisdiction, planning, or
 1230  regulatory authority in regard to the use of land by private
 1231  land owners. When amending local comprehensive plans, or
 1232  implementing zoning regulations, development regulations, or
 1233  other local regulations, Miami-Dade County shall strongly
 1234  consider limestone mining activities and ancillary operations,
 1235  such as lake excavation, including use of explosives, rock
 1236  processing, cement, concrete and asphalt products manufacturing,
 1237  and ancillary activities, within the rock mining supported and
 1238  allowable areas of the Miami-Dade County Lake Belt Plan adopted
 1239  by subsection (1); provided, however, that limerock mining
 1240  activities are consistent with wellfield protection. Rezonings,
 1241  amendments to local zoning and subdivision regulations, and
 1242  amendments to local comprehensive plans concerning properties
 1243  that are located within 1 mile of the Miami-Dade County Lake
 1244  Belt Area shall be compatible with limestone mining activities.
 1245  No rezonings, variances, amendments to local zoning and
 1246  subdivision regulations which would result in an increase in
 1247  residential density, or amendments to local comprehensive plans
 1248  for any residential purpose may be approved for any property
 1249  located in sections 35 and 36 and the east one-half of sections
 1250  24 and 25, Township 53 South, Range 39 East until such time as
 1251  there is no active mining within 2 miles of the property. This
 1252  section does not preclude residential development that complies
 1253  with current regulations.
 1254         (5) The secretary of the Department of Environmental
 1255  Protection, the executive director of the Department of Economic
 1256  Opportunity, the secretary of the Department of Transportation,
 1257  the Commissioner of Agriculture, the executive director of the
 1258  Fish and Wildlife Conservation Commission, and the executive
 1259  director of the South Florida Water Management District may
 1260  enter into agreements with landowners, developers, businesses,
 1261  industries, individuals, and governmental agencies as necessary
 1262  to effectuate the Miami-Dade County Lake Belt Plan and the
 1263  provisions of this section.
 1264         Reviser’s note.—Amended to conform to context and to the full
 1265         names of the Miami-Dade County Lake Belt Area and the
 1266         Miami-Dade County Lake Belt Plan.
 1267         Section 39. Subsection (7) of section 373.41492, Florida
 1268  Statutes, is amended to read:
 1269         373.41492 Miami-Dade County Lake Belt Mitigation Plan;
 1270  mitigation for mining activities within the Miami-Dade County
 1271  Lake Belt.—
 1272         (7) Payment of the mitigation fee imposed by this section
 1273  satisfies the mitigation requirements imposed under ss. 373.403
 1274  373.439 and any applicable county ordinance for loss of the
 1275  value and functions from mining of the wetlands identified as
 1276  rock mining supported and allowable areas of the Miami-Dade
 1277  County Lake Belt Plan adopted by s. 373.4149(1). In addition, it
 1278  is the intent of the Legislature that the payment of the
 1279  mitigation fee imposed by this section satisfy all federal
 1280  mitigation requirements for the wetlands mined.
 1281         Reviser’s note.—Amended to conform to context and to the full
 1282         name of the Miami-Dade County Lake Belt Plan.
 1283         Section 40. Paragraph (g) of subsection (1) of section
 1284  379.3751, Florida Statutes, is amended to read:
 1285         379.3751 Taking and possession of alligators; trapping
 1286  licenses; fees.—
 1287         (1)
 1288         (g) A person engaged in the taking of alligators under any
 1289  permit issued by the commission which authorizes the taking take
 1290  of alligators is not required to possess a management area
 1291  permit under s. 379.354(8).
 1292         Reviser’s note.—Amended to confirm the editorial substitution of
 1293         the word “taking” for the word “take” to improve clarity.
 1294         Section 41. Paragraph (b) of subsection (7) of section
 1295  380.510, Florida Statutes, is amended to read:
 1296         380.510 Conditions of grants and loans.—
 1297         (7) Any funds received by the trust pursuant to s.
 1298  259.105(3)(c) or s. 375.041 shall be held separate and apart
 1299  from any other funds held by the trust and used for the land
 1300  acquisition purposes of this part.
 1301         (b) All deeds or leases with respect to any real property
 1302  acquired with funds received by the trust from the former
 1303  Preservation 2000 Trust Fund, the Florida Forever Trust Fund, or
 1304  the Land Acquisition Trust Fund must contain such covenants and
 1305  restrictions as are sufficient to ensure that the use of such
 1306  real property at all times complies with s. 375.051 and s. 9,
 1307  Art. XII of the State Constitution. Each deed or lease with
 1308  respect to any real property acquired with funds received by the
 1309  trust from the Florida Forever Trust Fund before July 1, 2015,
 1310  must contain covenants and restrictions sufficient to ensure
 1311  that the use of such real property at all times complies with s.
 1312  11(e), Art. VII of the State Constitution. Each deed or lease
 1313  with respect to any real property acquired with funds received
 1314  by the trust from the Florida Forever Trust Fund after July 1,
 1315  2015, must contain covenants and restrictions sufficient to
 1316  ensure that the use of such real property at all times complies
 1317  with s. 28, Art. X of the State Constitution. Each deed or lease
 1318  must contain a reversion, conveyance, or termination clause that
 1319  vests title in the Board of Trustees of the Internal Improvement
 1320  Trust Fund if any of the covenants or restrictions are violated
 1321  by the titleholder or leaseholder or by some third party with
 1322  the knowledge of the titleholder or leaseholder.
 1323         Reviser’s note.—Amended to conform to the termination of the
 1324         Florida Preservation 2000 Trust Fund pursuant to s. 1, ch.
 1325         2015-229, Laws of Florida, and the repeal of s. 375.045,
 1326         which created the trust fund, by s. 52, ch. 2015-229.
 1327         Section 42. Paragraph (g) of subsection (5) of section
 1328  383.402, Florida Statutes, is amended to read:
 1329         383.402 Child abuse death review; State Child Abuse Death
 1330  Review Committee; local child abuse death review committees.—
 1331         (5) ACCESS TO AND USE OF RECORDS.—
 1332         (g) A person who has attended a meeting of the state
 1333  committee or a local committee or who has otherwise participated
 1334  in activities authorized by this section may not be permitted or
 1335  required to testify in any civil, criminal, or administrative
 1336  proceeding as to any records or information produced or
 1337  presented to a committee during meetings or other activities
 1338  authorized by this section. However, this paragraph subsection
 1339  does not prevent any person who testifies before the committee
 1340  or who is a member of the committee from testifying as to
 1341  matters otherwise within his or her knowledge. An organization,
 1342  institution, committee member, or other person who furnishes
 1343  information, data, reports, or records to the state committee or
 1344  a local committee is not liable for damages to any person and is
 1345  not subject to any other civil, criminal, or administrative
 1346  recourse. This paragraph subsection does not apply to any person
 1347  who admits to committing a crime.
 1348         Reviser’s note.—Amended to confirm the editorial substitution of
 1349         the word “paragraph” for the word “subsection” to conform
 1350         to the redesignation of subsection (14) as paragraph (5)(g)
 1351         by s. 4, ch. 2015-79, Laws of Florida.
 1352         Section 43. Subsection (1) of section 395.1012, Florida
 1353  Statutes, is amended to read:
 1354         395.1012 Patient safety.—
 1355         (1) Each licensed facility must adopt a patient safety
 1356  plan. A plan adopted to implement the requirements of 42 C.F.R.
 1357  s. part 482.21 shall be deemed to comply with this requirement.
 1358         Reviser’s note.—Amended to facilitate correct interpretation.
 1359         There is no 42 C.F.R. part 482.21; there is a 42 C.F.R. s.
 1360         482.21, which requires a program for quality improvement
 1361         and patient safety.
 1362         Section 44. Paragraph (d) of subsection (1) of section
 1363  400.0065, Florida Statutes, is amended to read:
 1364         400.0065 State Long-Term Care Ombudsman Program; duties and
 1365  responsibilities.—
 1366         (1) The purpose of the State Long-Term Care Ombudsman
 1367  Program is to:
 1368         (d) Ensure that residents have regular and timely access to
 1369  the services provided through the State Long-Term Care Ombudsman
 1370  Program and that residents and complainants receive timely
 1371  responses from representatives of the State Long-Term Care
 1372  Ombudsman Program to their complaints.
 1373         Reviser’s note.—Amended to confirm the editorial insertion of
 1374         the word “Ombudsman” to conform to the name of the program
 1375         established in s. 400.0063.
 1376         Section 45. Paragraph (a) of subsection (3) of section
 1377  400.0070, Florida Statutes, is amended to read:
 1378         400.0070 Conflicts of interest.—
 1379         (3) The department, in consultation with the state
 1380  ombudsman, shall define by rule:
 1381         (a) Situations that constitute a conflict of interest which
 1382  could materially affect the objectivity or capacity of an
 1383  individual to serve as a representative of the State Long-Term
 1384  Care Ombudsman Program while carrying out the purposes of the
 1385  State Long-Term Care Ombudsman Program as specified in this
 1386  part.
 1387         Reviser’s note.—Amended to confirm the editorial insertion of
 1388         the word “Ombudsman” to conform to the name of the program
 1389         established in s. 400.0063.
 1390         Section 46. Subsection (1) of section 400.0081, Florida
 1391  Statutes, is amended to read:
 1392         400.0081 Access to facilities, residents, and records.—
 1393         (1) A long-term care facility shall provide representatives
 1394  of the State Long-Term Care Ombudsman Program with access to:
 1395         (a) The long-term care facility and its residents.
 1396         (b) Where appropriate, medical and social records of a
 1397  resident for review if:
 1398         1. The representative of the State Long-Term Care Ombudsman
 1399  Program has the permission of the resident or the legal
 1400  representative of the resident; or
 1401         2. The resident is unable to consent to the review and does
 1402  not have a legal representative.
 1403         (c) Medical and social records of a resident as necessary
 1404  to investigate a complaint, if:
 1405         1. A legal representative or guardian of the resident
 1406  refuses to give permission;
 1407         2. The representative of the State Long-Term Care Ombudsman
 1408  Program has reasonable cause to believe that the legal
 1409  representative or guardian is not acting in the best interests
 1410  of the resident; and
 1411         3. The representative of the State Long-Term Care Ombudsman
 1412  Program obtains the approval of the state ombudsman.
 1413         (d) Access to Administrative records, policies, and
 1414  documents to which residents or the general public have access.
 1415         (e) Upon request, copies of all licensing and certification
 1416  records maintained by the state with respect to a long-term care
 1417  facility.
 1418         Reviser’s note.—The introductory paragraph to subsection (1) is
 1419         amended to confirm the editorial insertion of the word
 1420         “Ombudsman” to conform to the name of the program
 1421         established in s. 400.0063. Paragraph (1)(d) is amended to
 1422         confirm the editorial deletion of the words “Access to” to
 1423         improve clarity.
 1424         Section 47. Paragraph (c) of subsection (3) of section
 1425  400.0087, Florida Statutes, is amended to read:
 1426         400.0087 Department oversight; funding.—
 1427         (3) The department is responsible for ensuring that the
 1428  State Long-Term Care Ombudsman Program:
 1429         (c) Provides appropriate training to representatives of the
 1430  State Long-Term Care Ombudsman Program Office.
 1431         Reviser’s note.—Amended to substitute the term “State Long-Term
 1432         Care Ombudsman Program” for the term “State Long-Term Care
 1433         Ombudsman Office” to conform to context and revisions to
 1434         this material by ch. 2015-31, Laws of Florida.
 1435         Section 48. Subsection (2) of section 400.022, Florida
 1436  Statutes, is amended to read:
 1437         400.022 Residents’ rights.—
 1438         (2) The licensee for each nursing home shall orally inform
 1439  the resident of the resident’s rights and provide a copy of the
 1440  statement required by subsection (1) to each resident or the
 1441  resident’s legal representative at or before the resident’s
 1442  admission to a facility. The licensee shall provide a copy of
 1443  the resident’s rights to each staff member of the facility. Each
 1444  such licensee shall prepare a written plan and provide
 1445  appropriate staff training to implement the provisions of this
 1446  section. The written statement of rights must include a
 1447  statement that a resident may file a complaint with the agency
 1448  or state or local ombudsman council. The statement must be in
 1449  boldfaced type and include the telephone number and e-mail
 1450  address of the State Long-Term Care Ombudsman Program and the
 1451  telephone numbers of the local ombudsman council and the Elder
 1452  Abuse Hotline operated by the Department of Children and
 1453  Families.
 1454         Reviser’s note.—Amended to confirm the editorial insertion of
 1455         the word “and” and to insert the word “telephone” to
 1456         improve clarity.
 1457         Section 49. Paragraph (d) of subsection (1) of section
 1458  400.141, Florida Statutes, is amended to read:
 1459         400.141 Administration and management of nursing home
 1460  facilities.—
 1461         (1) Every licensed facility shall comply with all
 1462  applicable standards and rules of the agency and shall:
 1463         (d) Provide for resident use of a community pharmacy as
 1464  specified in s. 400.022(1)(q). Any other law to the contrary
 1465  notwithstanding, a registered pharmacist licensed in Florida,
 1466  that is under contract with a facility licensed under this
 1467  chapter or chapter 429, shall repackage a nursing facility
 1468  resident’s bulk prescription medication which has been packaged
 1469  by another pharmacist licensed in any state in the United States
 1470  into a unit dose system compatible with the system used by the
 1471  nursing facility, if the pharmacist is requested to offer such
 1472  service. In order to be eligible for the repackaging, a resident
 1473  or the resident’s spouse must receive prescription medication
 1474  benefits provided through a former employer as part of his or
 1475  her retirement benefits, a qualified pension plan as specified
 1476  in s. 4972 of the Internal Revenue Code, a federal retirement
 1477  program as specified under 5 C.F.R. part s. 831, or a long-term
 1478  care policy as defined in s. 627.9404(1). A pharmacist who
 1479  correctly repackages and relabels the medication and the nursing
 1480  facility which correctly administers such repackaged medication
 1481  under this paragraph may not be held liable in any civil or
 1482  administrative action arising from the repackaging. In order to
 1483  be eligible for the repackaging, a nursing facility resident for
 1484  whom the medication is to be repackaged shall sign an informed
 1485  consent form provided by the facility which includes an
 1486  explanation of the repackaging process and which notifies the
 1487  resident of the immunities from liability provided in this
 1488  paragraph. A pharmacist who repackages and relabels prescription
 1489  medications, as authorized under this paragraph, may charge a
 1490  reasonable fee for costs resulting from the implementation of
 1491  this provision.
 1492         Reviser’s note.—Amended to facilitate correct interpretation.
 1493         There is no 5 C.F.R. s. 831; there is a 5 C.F.R. part 831,
 1494         which relates to retirement.
 1495         Section 50. Paragraph (b) of subsection (1) of section
 1496  403.5363, Florida Statutes, is amended to read:
 1497         403.5363 Public notices; requirements.—
 1498         (1)
 1499         (b) Public notices that must be published under this
 1500  section include:
 1501         1. The notice of the filing of an application, which must
 1502  include a description of the proceedings required by this act.
 1503  The notice must describe the provisions of s. 403.531(1) and (2)
 1504  and give the date by which notice of intent to be a party or a
 1505  petition to intervene in accordance with s. 403.527(2) must be
 1506  filed. This notice must be published no more than 21 days after
 1507  the application is filed. The notice shall, at a minimum, be
 1508  one-half page in size in a standard size newspaper or a full
 1509  page in a tabloid size newspaper. The notice must include a map
 1510  generally depicting all transmission corridors proper for
 1511  certification.
 1512         2. The notice of the certification hearing and any public
 1513  hearing held under s. 403.527(4). The notice must include the
 1514  date by which a person wishing to appear as a party must file
 1515  the notice to do so. The notice of the originally scheduled
 1516  certification hearing must be published at least 65 days before
 1517  the date set for the certification hearing. The notice shall
 1518  meet the size and map requirements set forth in subparagraph 1.
 1519         3. The notice of the cancellation of the certification
 1520  hearing under s. 403.527(6), if applicable. The notice must be
 1521  published at least 3 days before the date of the originally
 1522  scheduled certification hearing. The notice shall, at a minimum,
 1523  be one-fourth page in size in a standard size newspaper or one
 1524  half page in a tabloid size newspaper. The notice shall not
 1525  require a map to be included.
 1526         4. The notice of the deferment of the certification hearing
 1527  due to the acceptance of an alternate corridor under s.
 1528  403.5271(1)(b)2. 403.5272(1)(b)2. The notice must be published
 1529  at least 7 days before the date of the originally scheduled
 1530  certification hearing. The notice shall, at a minimum, be one
 1531  eighth page in size in a standard size newspaper or one-fourth
 1532  page in a tabloid size newspaper. The notice shall not require a
 1533  map to be included.
 1534         5. If the notice of the rescheduled certification hearing
 1535  required of an alternate proponent under s. 403.5271(1)(c) is
 1536  not timely published or does not meet the notice requirements
 1537  such that an alternate corridor is withdrawn under the
 1538  provisions of s. 403.5271(1)(c), the notice of the rescheduled
 1539  hearing and any local hearings shall be provided by the
 1540  applicant at least 30 days prior to the rescheduled
 1541  certification hearing.
 1542         6. The notice of the filing of a proposal to modify the
 1543  certification submitted under s. 403.5315, if the department
 1544  determines that the modification would require relocation or
 1545  expansion of the transmission line right-of-way or a certified
 1546  substation.
 1547         Reviser’s note.—Amended to conform to context and facilitate
 1548         correct interpretation. Section 403.5272(1)(b)2. does not
 1549         exist; s. 403.5271(1)(b)2. relates to certification
 1550         hearings for alternate corridors.
 1551         Section 51. Section 408.301, Florida Statutes, is amended
 1552  to read:
 1553         408.301 Legislative findings.—The Legislature has found
 1554  that access to quality, affordable, health care for all
 1555  Floridians is an important goal for the state. The Legislature
 1556  recognizes that there are Floridians with special health care
 1557  and social needs which require particular attention. The people
 1558  served by the Department of Children and Families, the Agency
 1559  for Persons with Disabilities, the Department of Health, and the
 1560  Department of Elderly Affairs are examples of citizens with
 1561  special needs. The Legislature further recognizes that the
 1562  Medicaid program is an intricate part of the service delivery
 1563  system for the special needs citizens. However, the Agency for
 1564  Health Care Administration is not a service provider and does
 1565  not develop or direct programs for the special needs citizens.
 1566  Therefore, it is the intent of the Legislature that the Agency
 1567  for Health Care Administration work closely with the Department
 1568  of Children and Families, the Agency for Persons with
 1569  Disabilities, the Department of Health, and the Department of
 1570  Elderly Affairs in developing plans for assuring access to all
 1571  Floridians in order to assure that the needs of special needs
 1572  citizens are met.
 1573         Reviser’s note.—Amended to insert the word “needs” to conform to
 1574         context and facilitate correct interpretation.
 1575         Section 52. Subsection (2) of section 409.978, Florida
 1576  Statutes, is amended to read:
 1577         409.978 Long-term care managed care program.—
 1578         (2) The agency shall make payments for long-term care,
 1579  including home and community-based services, using a managed
 1580  care model. Unless otherwise specified, ss. 409.961-409.969
 1581  409.961-409.97 apply to the long-term care managed care program.
 1582         Reviser’s note.—Amended to conform to the repeal of s. 409.97 by
 1583         s. 11, ch. 2015-225, Laws of Florida.
 1584         Section 53. Section 415.113, Florida Statutes, is amended
 1585  to read:
 1586         415.113 Statutory construction; treatment by spiritual
 1587  means.—Nothing in ss. 415.101-415.1115 415.101-415.112 shall be
 1588  construed to mean a person is abused, neglected, or in need of
 1589  emergency or protective services for the sole reason that the
 1590  person relies upon and is, therefore, being furnished treatment
 1591  by spiritual means through prayer alone in accordance with the
 1592  tenets and practices of a well-recognized church or religious
 1593  denomination or organization; nor shall anything in such
 1594  sections be construed to authorize, permit, or require any
 1595  medical care or treatment in contravention of the stated or
 1596  implied objection of such person. Such construction does not:
 1597         (1) Eliminate the requirement that such a case be reported
 1598  to the department;
 1599         (2) Prevent the department from investigating such a case;
 1600  or
 1601         (3) Preclude a court from ordering, when the health of the
 1602  individual requires it, the provision of medical services by a
 1603  licensed physician or treatment by a duly accredited
 1604  practitioner who relies solely on spiritual means for healing in
 1605  accordance with the tenets and practices of a well-recognized
 1606  church or religious denomination or organization.
 1607         Reviser’s note.—Amended to conform to the repeal of s. 415.112
 1608         by s. 31, ch. 2015-4, Laws of Florida.
 1609         Section 54. Paragraph (l) of subsection (5) of section
 1610  456.074, Florida Statutes, is amended to read:
 1611         456.074 Certain health care practitioners; immediate
 1612  suspension of license.—
 1613         (5) The department shall issue an emergency order
 1614  suspending the license of a massage therapist or establishment
 1615  as defined in chapter 480 upon receipt of information that the
 1616  massage therapist, a person with an ownership interest in the
 1617  establishment, or, for a corporation that has more than $250,000
 1618  of business assets in this state, the owner, officer, or
 1619  individual directly involved in the management of the
 1620  establishment has been convicted or found guilty of, or has
 1621  entered a plea of guilty or nolo contendere to, regardless of
 1622  adjudication, a felony offense under any of the following
 1623  provisions of state law or a similar provision in another
 1624  jurisdiction:
 1625         (l) Section 796.07(4)(a)3.796.07(4)(c), relating to a
 1626  felony of the third degree for a third or subsequent violation
 1627  of s. 796.07, relating to prohibiting prostitution and related
 1628  acts.
 1629         Reviser’s note.—Amended to conform to the redesignation of s.
 1630         796.07(4)(c) as s. 796.07(4)(a)3. by s. 1, ch. 2015-145,
 1631         Laws of Florida.
 1632         Section 55. Paragraph (a) of subsection (1) of section
 1633  458.3265, Florida Statutes, is amended to read:
 1634         458.3265 Pain-management clinics.—
 1635         (1) REGISTRATION.—
 1636         (a)1. As used in this section, the term:
 1637         a. “Board eligible” means successful completion of an
 1638  anesthesia, physical medicine and rehabilitation, rheumatology,
 1639  or neurology residency program approved by the Accreditation
 1640  Council for Graduate Medical Education or the American
 1641  Osteopathic Association for a period of 6 years from successful
 1642  completion of such residency program.
 1643         b. “Chronic nonmalignant pain” means pain unrelated to
 1644  cancer which persists beyond the usual course of disease or the
 1645  injury that is the cause of the pain or more than 90 days after
 1646  surgery.
 1647         c. “Pain-management clinic” or “clinic” means any publicly
 1648  or privately owned facility:
 1649         (I) That advertises in any medium for any type of pain
 1650  management services; or
 1651         (II) Where in any month a majority of patients are
 1652  prescribed opioids, benzodiazepines, barbiturates, or
 1653  carisoprodol for the treatment of chronic nonmalignant pain.
 1654         2. Each pain-management clinic must register with the
 1655  department unless:
 1656         a. That clinic is licensed as a facility pursuant to
 1657  chapter 395;
 1658         b. The majority of the physicians who provide services in
 1659  the clinic primarily provide surgical services;
 1660         c. The clinic is owned by a publicly held corporation whose
 1661  shares are traded on a national exchange or on the over-the
 1662  counter market and whose total assets at the end of the
 1663  corporation’s most recent fiscal quarter exceeded $50 million;
 1664         d. The clinic is affiliated with an accredited medical
 1665  school at which training is provided for medical students,
 1666  residents, or fellows;
 1667         e. The clinic does not prescribe controlled substances for
 1668  the treatment of pain;
 1669         f. The clinic is owned by a corporate entity exempt from
 1670  federal taxation under 26 U.S.C. s. 501(c)(3);
 1671         g. The clinic is wholly owned and operated by one or more
 1672  board-eligible or board-certified anesthesiologists,
 1673  physiatrists, rheumatologists, or neurologists; or
 1674         h. The clinic is wholly owned and operated by a physician
 1675  multispecialty practice where one or more board-eligible or
 1676  board-certified medical specialists, who have also completed
 1677  fellowships in pain medicine approved by the Accreditation
 1678  Council for Graduate Medical Education, or who are also board
 1679  certified in pain medicine by the American Board of Pain
 1680  Medicine or a board approved by the American Board of Medical
 1681  Specialties, the American Association of Physician Specialists,
 1682  or the American Osteopathic Association, and perform
 1683  interventional pain procedures of the type routinely billed
 1684  using surgical codes.
 1685         Reviser’s note.—Amended to facilitate correct interpretation and
 1686         improve clarity.
 1687         Section 56. Paragraph (a) of subsection (1) of section
 1688  459.0137, Florida Statutes, is amended to read:
 1689         459.0137 Pain-management clinics.—
 1690         (1) REGISTRATION.—
 1691         (a)1. As used in this section, the term:
 1692         a. “Board eligible” means successful completion of an
 1693  anesthesia, physical medicine and rehabilitation, rheumatology,
 1694  or neurology residency program approved by the Accreditation
 1695  Council for Graduate Medical Education or the American
 1696  Osteopathic Association for a period of 6 years from successful
 1697  completion of such residency program.
 1698         b. “Chronic nonmalignant pain” means pain unrelated to
 1699  cancer which persists beyond the usual course of disease or the
 1700  injury that is the cause of the pain or more than 90 days after
 1701  surgery.
 1702         c. “Pain-management clinic” or “clinic” means any publicly
 1703  or privately owned facility:
 1704         (I) That advertises in any medium for any type of pain
 1705  management services; or
 1706         (II) Where in any month a majority of patients are
 1707  prescribed opioids, benzodiazepines, barbiturates, or
 1708  carisoprodol for the treatment of chronic nonmalignant pain.
 1709         2. Each pain-management clinic must register with the
 1710  department unless:
 1711         a. That clinic is licensed as a facility pursuant to
 1712  chapter 395;
 1713         b. The majority of the physicians who provide services in
 1714  the clinic primarily provide surgical services;
 1715         c. The clinic is owned by a publicly held corporation whose
 1716  shares are traded on a national exchange or on the over-the
 1717  counter market and whose total assets at the end of the
 1718  corporation’s most recent fiscal quarter exceeded $50 million;
 1719         d. The clinic is affiliated with an accredited medical
 1720  school at which training is provided for medical students,
 1721  residents, or fellows;
 1722         e. The clinic does not prescribe controlled substances for
 1723  the treatment of pain;
 1724         f. The clinic is owned by a corporate entity exempt from
 1725  federal taxation under 26 U.S.C. s. 501(c)(3);
 1726         g. The clinic is wholly owned and operated by one or more
 1727  board-eligible or board-certified anesthesiologists,
 1728  physiatrists, rheumatologists, or neurologists; or
 1729         h. The clinic is wholly owned and operated by a physician
 1730  multispecialty practice where one or more board-eligible or
 1731  board-certified medical specialists, who have also completed
 1732  fellowships in pain medicine approved by the Accreditation
 1733  Council for Graduate Medical Education or the American
 1734  Osteopathic Association, or who are also board-certified in pain
 1735  medicine by the American Board of Pain Medicine or a board
 1736  approved by the American Board of Medical Specialties, the
 1737  American Association of Physician Specialists, or the American
 1738  Osteopathic Association, and perform interventional pain
 1739  procedures of the type routinely billed using surgical codes.
 1740         Reviser’s note.—Amended to facilitate correct interpretation and
 1741         improve clarity.
 1742         Section 57. Subsections (1), (2), and (3) of section
 1743  468.503, Florida Statutes, are amended and reordered to read:
 1744         468.503 Definitions.—As used in this part:
 1745         (1)(2) “Board” means the Board of Medicine.
 1746         (2)(3) “Commission” means the Commission on Dietetic
 1747  Registration, the credentialing agency of the Academy of
 1748  Nutrition and Dietetics.
 1749         (3)(1)“Department” means the Department of Health “Agency”
 1750  means the Agency for Health Care Administration.
 1751         Reviser’s note.—The definition of “department” as the
 1752         “Department of Health” was substituted by the editors for a
 1753         definition of “agency” as the “Agency for Health Care
 1754         Administration” to conform to the fact that s.
 1755         20.43(3)(g)17. provides that Dietetics and Nutrition
 1756         Practice, as provided under part X of chapter 468, is under
 1757         the Division of Medical Quality Assurance of the Department
 1758         of Health. Section 8, ch. 96-403, Laws of Florida, enacted
 1759         s. 20.43, and provided for department oversight of
 1760         Dietetics and Nutrition Practice, effective July 1, 1997.
 1761         Some references to the Agency for Health Care
 1762         Administration were never conformed.
 1763         Section 58. Subsections (1), (2), and (4) of section
 1764  468.509, Florida Statutes, are amended to read:
 1765         468.509 Dietitian/nutritionist; requirements for
 1766  licensure.—
 1767         (1) Any person desiring to be licensed as a
 1768  dietitian/nutritionist shall apply to the department agency to
 1769  take the licensure examination.
 1770         (2) The department agency shall examine any applicant who
 1771  the board certifies has completed the application form and
 1772  remitted the application and examination fees specified in s.
 1773  468.508 and who:
 1774         (a)1. Possesses a baccalaureate or postbaccalaureate degree
 1775  with a major course of study in human nutrition, food and
 1776  nutrition, dietetics, or food management, or an equivalent major
 1777  course of study, from a school or program accredited, at the
 1778  time of the applicant’s graduation, by the appropriate
 1779  accrediting agency recognized by the Commission on Recognition
 1780  of Postsecondary Accreditation and the United States Department
 1781  of Education; and
 1782         2. Has completed a preprofessional experience component of
 1783  not less than 900 hours or has education or experience
 1784  determined to be equivalent by the board; or
 1785         (b)1. Has an academic degree, from a foreign country, that
 1786  has been validated by an accrediting agency approved by the
 1787  United States Department of Education as equivalent to the
 1788  baccalaureate or postbaccalaureate degree conferred by a
 1789  regionally accredited college or university in the United
 1790  States;
 1791         2. Has completed a major course of study in human
 1792  nutrition, food and nutrition, dietetics, or food management;
 1793  and
 1794         3. Has completed a preprofessional experience component of
 1795  not less than 900 hours or has education or experience
 1796  determined to be equivalent by the board.
 1797         (4) The department agency shall license as a
 1798  dietitian/nutritionist any applicant who has remitted the
 1799  initial licensure fee and has passed the examination in
 1800  accordance with this section.
 1801         Reviser’s note.—The word “department” was substituted for the
 1802         word “agency” by the editors to conform to the fact that s.
 1803         20.43(3)(g)17. provides that Dietetics and Nutrition
 1804         Practice, as provided under part X of chapter 468, is under
 1805         the Division of Medical Quality Assurance of the Department
 1806         of Health. Section 8, ch. 96-403, Laws of Florida, enacted
 1807         s. 20.43, and provided for department oversight of
 1808         Dietetics and Nutrition Practice, effective July 1, 1997.
 1809         Some references to the Agency for Health Care
 1810         Administration were never conformed.
 1811         Section 59. Subsections (1) and (3) of section 468.513,
 1812  Florida Statutes, are amended to read:
 1813         468.513 Dietitian/nutritionist; licensure by endorsement.—
 1814         (1) The department agency shall issue a license to practice
 1815  dietetics and nutrition by endorsement to any applicant who the
 1816  board certifies as qualified, upon receipt of a completed
 1817  application and the fee specified in s. 468.508.
 1818         (3) The department agency shall not issue a license by
 1819  endorsement under this section to any applicant who is under
 1820  investigation in any jurisdiction for any act which would
 1821  constitute a violation of this part or chapter 456 until such
 1822  time as the investigation is complete and disciplinary
 1823  proceedings have been terminated.
 1824         Reviser’s note.—The word “department” was substituted for the
 1825         word “agency” by the editors to conform to the fact that s.
 1826         20.43(3)(g)17. provides that Dietetics and Nutrition
 1827         Practice, as provided under part X of chapter 468, is under
 1828         the Division of Medical Quality Assurance of the Department
 1829         of Health. Section 8, ch. 96-403, Laws of Florida, enacted
 1830         s. 20.43, and provided for department oversight of
 1831         Dietetics and Nutrition Practice, effective July 1, 1997.
 1832         Some references to the Agency for Health Care
 1833         Administration were never conformed.
 1834         Section 60. Section 468.514, Florida Statutes, is amended
 1835  to read:
 1836         468.514 Renewal of license.—
 1837         (1) The department agency shall renew a license under this
 1838  part upon receipt of the renewal application, fee, and proof of
 1839  the successful completion of continuing education requirements
 1840  as determined by the board.
 1841         (2) The department agency shall adopt rules establishing a
 1842  procedure for the biennial renewal of licenses under this part.
 1843         Reviser’s note.—The word “department” was substituted for the
 1844         word “agency” by the editors to conform to the fact that s.
 1845         20.43(3)(g)17. provides that Dietetics and Nutrition
 1846         Practice, as provided under part X of chapter 468, is under
 1847         the Division of Medical Quality Assurance of the Department
 1848         of Health. Section 8, ch. 96-403, Laws of Florida, enacted
 1849         s. 20.43, and provided for department oversight of
 1850         Dietetics and Nutrition Practice, effective July 1, 1997.
 1851         Some references to the Agency for Health Care
 1852         Administration were never conformed.
 1853         Section 61. Subsection (2) of section 468.515, Florida
 1854  Statutes, is amended to read:
 1855         468.515 Inactive status.—
 1856         (2) The department agency shall reactivate a license under
 1857  this part upon receipt of the reactivation application, fee, and
 1858  proof of the successful completion of continuing education
 1859  prescribed by the board.
 1860         Reviser’s note.—The word “department” was substituted for the
 1861         word “agency” by the editors to conform to the fact that s.
 1862         20.43(3)(g)17. provides that Dietetics and Nutrition
 1863         Practice, as provided under part X of chapter 468, is under
 1864         the Division of Medical Quality Assurance of the Department
 1865         of Health. Section 8, ch. 96-403, Laws of Florida, enacted
 1866         s. 20.43, and provided for department oversight of
 1867         Dietetics and Nutrition Practice, effective July 1, 1997.
 1868         Some references to the Agency for Health Care
 1869         Administration were never conformed.
 1870         Section 62. Paragraph (a) of subsection (1) and subsection
 1871  (3) of section 468.518, Florida Statutes, are amended to read:
 1872         468.518 Grounds for disciplinary action.—
 1873         (1) The following acts constitute grounds for denial of a
 1874  license or disciplinary action, as specified in s. 456.072(2):
 1875         (a) Violating any provision of this part, any board or
 1876  department agency rule adopted pursuant thereto, or any lawful
 1877  order of the board or department agency previously entered in a
 1878  disciplinary hearing held pursuant to this part, or failing to
 1879  comply with a lawfully issued subpoena of the department agency.
 1880  The provisions of this paragraph also apply to any order or
 1881  subpoena previously issued by the Department of Health during
 1882  its period of regulatory control over this part.
 1883         (3) The department agency shall reissue the license of a
 1884  disciplined dietitian/nutritionist or nutrition counselor upon
 1885  certification by the board that the disciplined
 1886  dietitian/nutritionist or nutrition counselor has complied with
 1887  all of the terms and conditions set forth in the final order.
 1888         Reviser’s note.—The word “department” was substituted for the
 1889         word “agency” by the editors to conform to the fact that s.
 1890         20.43(3)(g)17. provides that Dietetics and Nutrition
 1891         Practice, as provided under part X of chapter 468, is under
 1892         the Division of Medical Quality Assurance of the Department
 1893         of Health. Section 8, ch. 96-403, Laws of Florida, enacted
 1894         s. 20.43, and provided for department oversight of
 1895         Dietetics and Nutrition Practice, effective July 1, 1997.
 1896         Some references to the Agency for Health Care
 1897         Administration were never conformed.
 1898         Section 63. Paragraph (l) of subsection (7) of section
 1899  480.041, Florida Statutes, is amended to read:
 1900         480.041 Massage therapists; qualifications; licensure;
 1901  endorsement.—
 1902         (7) The board shall deny an application for a new or
 1903  renewal license if an applicant has been convicted or found
 1904  guilty of, or enters a plea of guilty or nolo contendere to,
 1905  regardless of adjudication, a felony offense under any of the
 1906  following provisions of state law or a similar provision in
 1907  another jurisdiction:
 1908         (l) Section 796.07(4)(a)3. 796.07(4)(c), relating to a
 1909  felony of the third degree for a third or subsequent violation
 1910  of s. 796.07, relating to prohibiting prostitution and related
 1911  acts.
 1912         Reviser’s note.—Amended to conform to the redesignation of s.
 1913         796.07(4)(c) as s. 796.07(4)(a)3. by s. 1, ch. 2015-145,
 1914         Laws of Florida.
 1915         Section 64. Paragraph (l) of subsection (8) of section
 1916  480.043, Florida Statutes, is amended to read:
 1917         480.043 Massage establishments; requisites; licensure;
 1918  inspection.—
 1919         (8) The department shall deny an application for a new or
 1920  renewal license if a person with an ownership interest in the
 1921  establishment or, for a corporation that has more than $250,000
 1922  of business assets in this state, the owner, officer, or
 1923  individual directly involved in the management of the
 1924  establishment has been convicted or found guilty of, or entered
 1925  a plea of guilty or nolo contendere to, regardless of
 1926  adjudication, a felony offense under any of the following
 1927  provisions of state law or a similar provision in another
 1928  jurisdiction:
 1929         (l) Section 796.07(4)(a)3. 796.07(4)(c), relating to a
 1930  felony of the third degree for a third or subsequent violation
 1931  of s. 796.07, relating to prohibiting prostitution and related
 1932  acts.
 1933         Reviser’s note.—Amended to conform to the redesignation of s.
 1934         796.07(4)(c) as s. 796.07(4)(a)3. by s. 1, ch. 2015-145,
 1935         Laws of Florida.
 1936         Section 65. Subsection (3) of section 497.159, Florida
 1937  Statutes, is amended to read:
 1938         497.159 Crimes.—
 1939         (3) Any person who willfully obstructs the department or
 1940  its examiner in any examination or investigation authorized by
 1941  this chapter commits a misdemeanor of the second degree and is,
 1942  in addition to any disciplinary action under this chapter,
 1943  punishable as provided in s. 775.082 or s. 775.083, in addition
 1944  to any disciplinary action under this chapter. The initiation of
 1945  action in any court by or on behalf of any licensee to terminate
 1946  or limit any examination or investigation under this chapter
 1947  shall not constitute a violation under this subsection.
 1948         Reviser’s note.—Amended to facilitate correct interpretation and
 1949         improve clarity.
 1950         Section 66. Paragraph (a) of subsection (6) of section
 1951  546.10, Florida Statutes, is amended to read:
 1952         546.10 Amusement games or machines.—
 1953         (6)(a) A Type B amusement game or machine may only be
 1954  operated at:
 1955         1. A facility as defined in s. 721.05(17) that is under the
 1956  control of a timeshare plan.;
 1957         2. A public lodging establishment or public food service
 1958  establishment licensed pursuant to chapter 509.;
 1959         3. The following premises, if the owner or operator of the
 1960  premises has a current license issued by the Department of
 1961  Business and Professional Regulation pursuant to chapter 509,
 1962  chapter 561, chapter 562, chapter 563, chapter 564, chapter 565,
 1963  chapter 567, or chapter 568:
 1964         a. An arcade amusement center;
 1965         b. A bowling center, as defined in s. 849.141; or
 1966         c. A truck stop.
 1967         Reviser’s note.—Amended to improve punctuation.
 1968         Section 67. Paragraph (q) of subsection (1) of section
 1969  553.74, Florida Statutes, is amended to read:
 1970         553.74 Florida Building Commission.—
 1971         (1) The Florida Building Commission is created and located
 1972  within the Department of Business and Professional Regulation
 1973  for administrative purposes. Members are appointed by the
 1974  Governor subject to confirmation by the Senate. The commission
 1975  is composed of 27 members, consisting of the following:
 1976         (q) One member of the building products manufacturing
 1977  industry who is authorized to do business in this state and is
 1978  actively engaged in the industry. The Florida Building Material
 1979  Association, the Florida Concrete and Products Product
 1980  Association, and the Fenestration Manufacturers Association are
 1981  encouraged to recommend a list of candidates for consideration.
 1982         Reviser’s note.—Amended to conform to the correct name of the
 1983         Florida Concrete and Products Association.
 1984         Section 68. Paragraph (b) of subsection (7) of section
 1985  559.55, Florida Statutes, is amended to read:
 1986         559.55 Definitions.—The following terms shall, unless the
 1987  context otherwise indicates, have the following meanings for the
 1988  purpose of this part:
 1989         (7) “Debt collector” means any person who uses any
 1990  instrumentality of commerce within this state, whether initiated
 1991  from within or outside this state, in any business the principal
 1992  purpose of which is the collection of debts, or who regularly
 1993  collects or attempts to collect, directly or indirectly, debts
 1994  owed or due or asserted to be owed or due another. The term
 1995  “debt collector” includes any creditor who, in the process of
 1996  collecting her or his own debts, uses any name other than her or
 1997  his own which would indicate that a third person is collecting
 1998  or attempting to collect such debts. The term does not include:
 1999         (b) Any person while acting as a debt collector for another
 2000  person, both of whom are related by common ownership or
 2001  affiliated by corporate control, if the person is acting as a
 2002  debt collector for persons to whom it is so related or
 2003  affiliated and if the principal business of such persons is not
 2004  the collection of debts;
 2005         Reviser’s note.—Amended to confirm the editorial insertion of
 2006         the word “is.”
 2007         Section 69. Subsection (7) of section 559.555, Florida
 2008  Statutes, is amended to read:
 2009         559.555 Registration of consumer collection agencies;
 2010  procedure.—
 2011         (7) A consumer collection agency registrant whose initial
 2012  registration was approved and issued by the office pursuant to
 2013  this section before October 1, 2014, and who seeks renewal of
 2014  the registration must submit fingerprints for each control
 2015  person for live-scan processing as described in paragraph
 2016  (2)(c). The fingerprints must be submitted before renewing a
 2017  registration that is scheduled to expire on December 31, 2014.
 2018         Reviser’s note.—Amended to delete an obsolete provision.
 2019         Section 70. Paragraph (c) of subsection (1) of section
 2020  560.141, Florida Statutes, is amended to read:
 2021         560.141 License application.—
 2022         (1) To apply for a license as a money services business
 2023  under this chapter, the applicant must submit:
 2024         (c) Fingerprints for each person listed in subparagraph
 2025  (a)3. for live-scan processing in accordance with rules adopted
 2026  by the commission.
 2027         1. The fingerprints may be submitted through a third-party
 2028  vendor authorized by the Department of Law Enforcement to
 2029  provide live-scan fingerprinting.
 2030         2. The Department of Law Enforcement must conduct the state
 2031  criminal history background check, and a federal criminal
 2032  history background check must be conducted through the Federal
 2033  Bureau of Investigation.
 2034         3. All fingerprints submitted to the Department of Law
 2035  Enforcement must be submitted electronically and entered into
 2036  the statewide automated fingerprint identification system
 2037  established in s. 943.05(2)(b) and available for use in
 2038  accordance with s. 943.05(2)(g) and (h). The office shall pay an
 2039  annual fee to the Department of Law Enforcement to participate
 2040  in the system and shall inform the Department of Law Enforcement
 2041  of any person whose fingerprints no longer must be retained.
 2042         4. The costs of fingerprint processing, including the cost
 2043  of retaining the fingerprints, shall be borne by the person
 2044  subject to the background check.
 2045         5. The office shall review the results of the state and
 2046  federal criminal history background checks and determine whether
 2047  the applicant meets licensure requirements.
 2048         6. For purposes of this paragraph, fingerprints are not
 2049  required to be submitted if the applicant is a publicly traded
 2050  corporation or is exempted from this chapter under s.
 2051  560.104(1). The term “publicly traded” means a stock is
 2052  currently traded on a national securities exchange registered
 2053  with the federal Securities and Exchange Commission or traded on
 2054  an exchange in a country other than the United States regulated
 2055  by a regulator equivalent to the Securities and Exchange
 2056  Commission and the disclosure and reporting requirements of such
 2057  regulator are substantially similar to those of the commission.
 2058         7. Licensees initially approved before October 1, 2013, who
 2059  are seeking renewal must submit fingerprints for each person
 2060  listed in subparagraph (a)3. for live-scan processing pursuant
 2061  to this paragraph. Such fingerprints must be submitted before
 2062  renewing a license that is scheduled to expire between April 30,
 2063  2014, and December 31, 2015.
 2064         Reviser’s note.—Amended to delete an obsolete provision.
 2065         Section 71. Paragraph (a) of subsection (13) of section
 2066  561.42, Florida Statutes, is amended to read:
 2067         561.42 Tied house evil; financial aid and assistance to
 2068  vendor by manufacturer, distributor, importer, primary American
 2069  source of supply, brand owner or registrant, or any broker,
 2070  sales agent, or sales person thereof, prohibited; procedure for
 2071  enforcement; exception.—
 2072         (13) A licensee under the Beverage Law may not possess or
 2073  use, in physical or electronic format, any type of malt beverage
 2074  coupon or malt beverage cross-merchandising coupon in this
 2075  state, where:
 2076         (a) The coupon is produced, sponsored, or furnished,
 2077  whether directly or indirectly, by an alcoholic alcohol beverage
 2078  manufacturer, distributor, importer, brand owner, or brand
 2079  registrant or any broker, sales agent, or sales person thereof;
 2080  and
 2081         Reviser’s note.—Amended to conform to context and facilitate
 2082         correct interpretation.
 2083         Section 72. Subsection (4) of section 561.57, Florida
 2084  Statutes, is amended to read:
 2085         561.57 Deliveries by licensees.—
 2086         (4) Nothing contained in this section shall prohibit
 2087  deliveries by the licensee from his or her permitted storage
 2088  area or deliveries by a distributor from the manufacturer to his
 2089  or her licensed premises; nor shall a pool buying agent be
 2090  prohibited from transporting pool purchases to the licensed
 2091  premises of his or her members with the licensee’s owned or
 2092  leased vehicles, and in such cases,. In addition, a licensed
 2093  salesperson of wine and spirits is authorized to deliver
 2094  alcoholic beverages in his or her vehicle on behalf of the
 2095  distributor.
 2096         Reviser’s note.—Amended to confirm the editorial deletion of the
 2097         phrase “, and in such cases,” to conform to the striking of
 2098         the remaining words of the sentence by s. 5, ch. 2015-12,
 2099         Laws of Florida.
 2100         Section 73. Paragraph (b) of subsection (2) of section
 2101  605.0410, Florida Statutes, is amended to read:
 2102         605.0410 Records to be kept; rights of member, manager, and
 2103  person dissociated to information.—
 2104         (2) In a member-managed limited liability company, the
 2105  following rules apply:
 2106         (b) The company shall furnish to each member:
 2107         1. Without demand, any information concerning the company’s
 2108  activities, affairs, financial condition, and other
 2109  circumstances that is known to that the company knows and is
 2110  material to the proper exercise of the member’s rights and
 2111  duties under the operating agreement or this chapter, except to
 2112  the extent the company can establish that it reasonably believes
 2113  the member already knows the information; and
 2114         2. On demand, other information concerning the company’s
 2115  activities, affairs, financial condition, and other
 2116  circumstances, except to the extent the demand or information
 2117  demanded is unreasonable or otherwise improper under the
 2118  circumstances.
 2119         Reviser’s note.—Amended to improve clarity and to facilitate
 2120         correct interpretation.
 2121         Section 74. Section 610.1201, Florida Statutes, is amended
 2122  to read:
 2123         610.1201 Severability.—If any provision of ss. 610.102
 2124  610.118 610.102-610.119 or the application thereof to any person
 2125  or circumstance is held invalid, such invalidity shall not
 2126  affect other provisions or application of ss. 610.102-610.118
 2127  610.102-610.119 which can be given effect without the invalid
 2128  provision or application, and to this end the provisions of ss.
 2129  610.102-610.118 610.102-610.119 are severable.
 2130         Reviser’s note.—Amended to conform to the repeal of s. 610.119
 2131         by s. 1, ch. 2014-90, Laws of Florida.
 2132         Section 75. Subsection (3) of section 617.01301, Florida
 2133  Statutes, is amended to read:
 2134         617.01301 Powers of Department of State.—
 2135         (3) The Department of State may, based upon its findings
 2136  hereunder or as provided in s. 213.053(15) 213.053(13), bring an
 2137  action in circuit court to collect any penalties, fees, or taxes
 2138  determined to be due and owing the state and to compel any
 2139  filing, qualification, or registration required by law. In
 2140  connection with such proceeding the department may, without
 2141  prior approval by the court, file a lis pendens against any
 2142  property owned by the corporation and may further certify any
 2143  findings to the Department of Legal Affairs for the initiation
 2144  of any action permitted pursuant to s. 617.0503 which the
 2145  Department of Legal Affairs may deem appropriate.
 2146         Reviser’s note.—Amended to conform to the fact that s.
 2147         213.053(15), not s. 2130.053(13), references the Department
 2148         of State and to conform to similar provisions in ss.
 2149         605.1104 and 607.0130.
 2150         Section 76. Section 618.221, Florida Statutes, is amended
 2151  to read:
 2152         618.221 Conversion into a corporation for profit.—Any
 2153  association incorporated under or that has adopted the
 2154  provisions of this chapter, may, by a majority vote of its
 2155  stockholders or members be brought under part I of chapter 607,
 2156  as a corporation for profit by surrendering all right to carry
 2157  on its business under this chapter, and the privileges and
 2158  immunities incident thereto. It shall make out in duplicate a
 2159  statement signed and sworn to by its directors to the effect
 2160  that the association has, by a majority vote of its stockholders
 2161  or members, decided to surrender all rights, powers, and
 2162  privileges as a nonprofit cooperative marketing association
 2163  under this chapter and to do business under and be bound by part
 2164  I of chapter 607, as a corporation for profit and has authorized
 2165  all changes accordingly. Articles of incorporation shall be
 2166  delivered to the Department of State for filing as required
 2167  under part I of chapter 607, except that they shall be signed by
 2168  the members of the then board of directors. The filing fees and
 2169  taxes shall be as provided under part I of chapter 607. Such
 2170  articles of incorporation shall adequately protect and preserve
 2171  the relative rights of the stockholders or members of the
 2172  association so converting into a corporation for profit;
 2173  provided that no rights or obligations due any stockholder or
 2174  member of such association or any other person, firm, or
 2175  corporation which have has not been waived or satisfied shall be
 2176  impaired by such conversion into a corporation for profit as
 2177  herein authorized.
 2178         Reviser’s note.—Amended to improve clarity and facilitate
 2179         correct interpretation.
 2180         Section 77. Section 624.35, Florida Statutes, is repealed.
 2181         Reviser’s note.—Repealed to delete a provision that has served
 2182         its purpose. Section 624.35 is the short title for the
 2183         “Medicaid and Public Assistance Fraud Strike Force,”
 2184         consisting of ss. 624.35, 624.351, and 624.352. Sections
 2185         624.351 and 624.352 were repealed by ss. 21, 22, ch. 2015
 2186         3, Laws of Florida.
 2187         Section 78. Paragraph (d) of subsection (2) of section
 2188  624.5105, Florida Statutes, is amended to read:
 2189         624.5105 Community contribution tax credit; authorization;
 2190  limitations; eligibility and application requirements;
 2191  administration; definitions; expiration.—
 2192         (2) ELIGIBILITY REQUIREMENTS.—
 2193         (d) The project shall be located in an area that was
 2194  designated as an enterprise zone pursuant to chapter 290 as of
 2195  May 1, 2015, or a Front Porch Florida Community. Any project
 2196  designed to provide housing opportunities for persons with
 2197  special needs as defined in s. 420.0004 or to construct or
 2198  rehabilitate housing for low-income or very-low-income
 2199  households as defined in s. 420.9071(19) and (28) is exempt from
 2200  the area requirement of this paragraph.
 2201         Reviser’s note.—Amended to confirm the editorial insertion of
 2202         the word “Florida” to conform to the full title of
 2203         communities receiving grants through the Front Porch
 2204         Florida Initiative.
 2205         Section 79. Paragraph (b) of subsection (15) of section
 2206  625.012, Florida Statutes, is amended to read:
 2207         625.012 “Assets” defined.—In any determination of the
 2208  financial condition of an insurer, there shall be allowed as
 2209  “assets” only such assets as are owned by the insurer and which
 2210  consist of:
 2211         (15)
 2212         (b) Assessments levied as monthly installments pursuant to
 2213  s. 631.57(3)(e)3. 631.57(3)(e)1.c. that are paid after policy
 2214  surcharges are collected so that the recognition of assets is
 2215  based on actual premium written offset by the obligation to the
 2216  Florida Insurance Guaranty Association.
 2217         Reviser’s note.—Amended to conform to the redesignation of s.
 2218         631.57(3)(e)1.c. as s. 631.57(3)(e)3. by s. 2, ch. 2015-65,
 2219         Laws of Florida.
 2220         Section 80. Subsection (2) of section 631.152, Florida
 2221  Statutes, is amended to read:
 2222         631.152 Conduct of delinquency proceeding; foreign
 2223  insurers.—
 2224         (2) The domiciliary receiver for the purpose of liquidating
 2225  an insurer domiciled in a reciprocal state shall be vested by
 2226  operation of law with the title to all of the property (except
 2227  statutory deposits, special statutory deposits, and property
 2228  located in this state subject to a security interest),
 2229  contracts, and rights of action, and all of the books and
 2230  records of the insurer located in this state, and it shall have
 2231  the immediate right to recover balances due from local agents
 2232  and to obtain possession of any books and records of the insurer
 2233  found in this state. It shall also be entitled to recover the
 2234  property subject to a security interest, statutory deposits, and
 2235  special statutory deposits of the insurer located in this state,
 2236  except that upon the appointment of an ancillary receiver in
 2237  this state, the ancillary receiver shall during the ancillary
 2238  receivership proceeding have the sole right to recover such
 2239  other assets. The ancillary receiver shall, as soon as
 2240  practicable, liquidate from their respective securities those
 2241  special deposit claims and secured claims which are proved and
 2242  allowed in the ancillary proceeding in this state, and shall pay
 2243  the necessary expenses of the proceeding. All remaining assets
 2244  It shall promptly transfer all remaining assets to the
 2245  domiciliary receiver. Subject to the foregoing provisions, the
 2246  ancillary receiver and its agents shall have the same powers and
 2247  be subject to the same duties with respect to the administration
 2248  of such assets as a receiver of an insurer domiciled in this
 2249  state.
 2250         Reviser’s note.—Amended to improve clarity and facilitate
 2251         correct interpretation.
 2252         Section 81. Section 631.737, Florida Statutes, is amended
 2253  to read:
 2254         631.737 Rescission and review generally.—The association
 2255  shall review claims and matters regarding covered policies based
 2256  upon the record available to it on and after the date of
 2257  liquidation. Notwithstanding any other provision of this part,
 2258  in order to allow for orderly claims administration by the
 2259  association, entry of a liquidation order by a court of
 2260  competent jurisdiction tolls for 1 year any rescission or
 2261  noncontestable period allowed by the contract, by the policy, or
 2262  by law. The association’s obligation is to pay any valid
 2263  insurance policy or contract claims, if warranted, after its
 2264  independent de novo review of the policies, contracts, and
 2265  claims presented to it, whether domestic or foreign, following a
 2266  rehabilitation or a liquidation.
 2267         Reviser’s note.—Amended to improve clarity and facilitate
 2268         correct interpretation.
 2269         Section 82. Subsection (2) of section 641.225, Florida
 2270  Statutes, is amended to read:
 2271         641.225 Surplus requirements.—
 2272         (2) The office shall not issue a certificate of authority,
 2273  except as provided in subsection (3), unless the health
 2274  maintenance organization has a minimum surplus in an amount
 2275  which is the greater of:
 2276         (a) Ten percent of their total liabilities based on their
 2277  startup projection as set forth in this part;
 2278         (b) Two percent of their total projected premiums based on
 2279  their startup projection as set forth in this part; or
 2280         (c) $1,500,000, plus all startup losses, excluding profits,
 2281  projected to be incurred on their startup projection until the
 2282  projection reflects statutory net profits for 12 consecutive
 2283  months.
 2284         Reviser’s note.—Amended to conform to the repeal of s.
 2285         641.225(3) by s. 31, ch. 2015-3, Laws of Florida.
 2286         Section 83. Subsection (3) of section 719.108, Florida
 2287  Statutes, is amended to read:
 2288         719.108 Rents and assessments; liability; lien and
 2289  priority; interest; collection; cooperative ownership.—
 2290         (3) Rents and assessments, and installments on them, not
 2291  paid when due bear interest at the rate provided in the
 2292  cooperative documents from the date due until paid. This rate
 2293  may not exceed the rate allowed by law and, if a rate is not
 2294  provided in the cooperative documents, accrues at 18 percent per
 2295  annum. If the cooperative documents or bylaws so provide, the
 2296  association may charge an administrative late fee in addition to
 2297  such interest, not to exceed the greater of $25 or 5 percent of
 2298  each installment of the assessment for each delinquent
 2299  installment that the payment is late. Any payment received by an
 2300  association must be applied first to any interest accrued by the
 2301  association, then to any administrative late fee, then to any
 2302  costs and reasonable attorney fees incurred in collection, and
 2303  then to the delinquent assessment. The foregoing applies
 2304  notwithstanding s. 673.3111, any purported accord and
 2305  satisfaction, or any restrictive endorsement, designation, or
 2306  instruction placed on or accompanying a payment. The preceding
 2307  sentence of is intended to clarify existing law. A late fee is
 2308  not subject to chapter 687 or s. 719.303(4).
 2309         Reviser’s note.—Amended to confirm the editorial deletion of the
 2310         word “of.”
 2311         Section 84. Section 742.14, Florida Statutes, is amended to
 2312  read:
 2313         742.14 Donation of eggs, sperm, or preembryos.—The donor of
 2314  any egg, sperm, or preembryo, other than the commissioning
 2315  couple or a father who has executed a preplanned adoption
 2316  agreement under s. 63.213 63.212, shall relinquish all maternal
 2317  or paternal rights and obligations with respect to the donation
 2318  or the resulting children. Only reasonable compensation directly
 2319  related to the donation of eggs, sperm, and preembryos shall be
 2320  permitted.
 2321         Reviser’s note.—Amended to conform to the deletion of material
 2322         relating to entry into a preplanned adoption arrangement
 2323         from s. 63.212 by s. 35, ch. 2003-58, Laws of Florida, and
 2324         creation of s. 63.213 relating to preplanned adoption
 2325         agreements by s. 36 of that act.
 2326         Section 85. Subsection (3) of section 752.001, Florida
 2327  Statutes, is amended to read:
 2328         752.001 Definitions.—As used in this chapter, the term:
 2329         (3) “Persistent vegetative state” has the same meaning as
 2330  provided in s. 765.101(15) 765.101(12).
 2331         Reviser’s note.—Amended to conform to the redesignation of s.
 2332         765.101(12) as s. 765.101(15) by s. 2, ch. 2015-153, Laws
 2333         of Florida.
 2334         Section 86. Subsection (2) of section 765.105, Florida
 2335  Statutes, is amended to read:
 2336         765.105 Review of surrogate or proxy’s decision.—
 2337         (2) This section does not apply to a patient who is not
 2338  incapacitated and who has designated a surrogate who has
 2339  immediate authority to make health care decisions or and receive
 2340  health information, or both, on behalf of the patient.
 2341         Reviser’s note.—Amended to confirm the editorial substitution of
 2342         the word “or” for the word “and” to conform to context and
 2343         facilitate correct interpretation.
 2344         Section 87. Section 765.2038, Florida Statutes, is amended
 2345  to read:
 2346         765.2038 Designation of health care surrogate for a minor;
 2347  suggested form.—A written designation of a health care surrogate
 2348  for a minor executed pursuant to this chapter may, but need not,
 2349  to be, in the following form:
 2350  
 2351                DESIGNATION OF HEALTH CARE SURROGATE               
 2352                              FOR MINOR                            
 2353  
 2354         I/We, ...(name/names)..., the [....] natural guardian(s) as
 2355  defined in s. 744.301(1), Florida Statutes; [....] legal
 2356  custodian(s); [....] legal guardian(s) [check one] of the
 2357  following minor(s):
 2358  
 2359  ............................;
 2360  ............................;
 2361  ............................,
 2362  
 2363  pursuant to s. 765.2035, Florida Statutes, designate the
 2364  following person to act as my/our surrogate for health care
 2365  decisions for such minor(s) in the event that I/we am/are not
 2366  able or reasonably available to provide consent for medical
 2367  treatment and surgical and diagnostic procedures:
 2368  
 2369  Name: ...(name)...
 2370  Address: ...(address)...
 2371  Zip Code: ...(zip code)...
 2372  Phone: ...(telephone)...
 2373  
 2374         If my/our designated health care surrogate for a minor is
 2375  not willing, able, or reasonably available to perform his or her
 2376  duties, I/we designate the following person as my/our alternate
 2377  health care surrogate for a minor:
 2378  
 2379  Name: ...(name)...
 2380  Address: ...(address)...
 2381  Zip Code: ...(zip code)...
 2382  Phone: ...(telephone)...
 2383  
 2384         I/We authorize and request all physicians, hospitals, or
 2385  other providers of medical services to follow the instructions
 2386  of my/our surrogate or alternate surrogate, as the case may be,
 2387  at any time and under any circumstances whatsoever, with regard
 2388  to medical treatment and surgical and diagnostic procedures for
 2389  a minor, provided the medical care and treatment of any minor is
 2390  on the advice of a licensed physician.
 2391  
 2392         I/We fully understand that this designation will permit
 2393  my/our designee to make health care decisions for a minor and to
 2394  provide, withhold, or withdraw consent on my/our behalf, to
 2395  apply for public benefits to defray the cost of health care, and
 2396  to authorize the admission or transfer of a minor to or from a
 2397  health care facility.
 2398  
 2399         I/We will notify and send a copy of this document to the
 2400  following person(s) other than my/our surrogate, so that they
 2401  may know the identity of my/our surrogate:
 2402  
 2403  Name: ...(name)...
 2404  Name: ...(name)...
 2405  
 2406  Signed: ...(signature)...
 2407  Date: ...(date)...
 2408  
 2409  WITNESSES:
 2410  1. ...(witness)...
 2411  2. ...(witness)...
 2412         Reviser’s note.—Amended to confirm the editorial substitution of
 2413         the word “not” for the word “to” to conform to context and
 2414         facilitate correct interpretation.
 2415         Section 88. Paragraph (b) of subsection (3) of section
 2416  787.29, Florida Statutes, is amended to read:
 2417         787.29 Human trafficking public awareness signs.—
 2418         (3) The employer at each of the following establishments
 2419  shall display a public awareness sign developed under subsection
 2420  (4) in a conspicuous location that is clearly visible to the
 2421  public and employees of the establishment:
 2422         (b) A business or establishment that offers massage or
 2423  bodywork services for compensation that is not owned by a health
 2424  care practitioner profession regulated pursuant to chapter 456
 2425  and defined in s. 456.001.
 2426         Reviser’s note.—Amended to improve clarity and facilitate
 2427         correct interpretation.
 2428         Section 89. Paragraph (c) of subsection (3) of section
 2429  893.138, Florida Statutes, is amended to read:
 2430         893.138 Local administrative action to abate drug-related,
 2431  prostitution-related, or stolen-property-related public
 2432  nuisances and criminal gang activity.—
 2433         (3) Any pain-management clinic, as described in s. 458.3265
 2434  or s. 459.0137, which has been used on more than two occasions
 2435  within a 6-month period as the site of a violation of:
 2436         (c) Section 812.014, relating to dealing in theft;
 2437  
 2438  may be declared to be a public nuisance, and such nuisance may
 2439  be abated pursuant to the procedures provided in this section.
 2440         Reviser’s note.—Amended to conform to context.
 2441         Section 90. Paragraph (b) of subsection (2) of section
 2442  944.4731, Florida Statutes, is amended to read:
 2443         944.4731 Addiction-Recovery Supervision Program.—
 2444         (2)
 2445         (b) An offender released under addiction-recovery
 2446  supervision shall be subject to specified terms and conditions,
 2447  including payment of the costs of supervision under s. 948.09
 2448  and any other court-ordered payments, such as child support and
 2449  restitution. If an offender has received a term of probation or
 2450  community control to be served after release from incarceration,
 2451  the period of probation or community control may not be
 2452  substituted for addiction-recovery supervision and shall follow
 2453  the term of addiction-recovery supervision. A panel of not fewer
 2454  than two parole commissioners shall establish the terms and
 2455  conditions of supervision, and the terms and conditions must be
 2456  included in the supervision order. In setting the terms and
 2457  conditions of supervision, the commission shall weigh heavily
 2458  the program requirements, including, but not limited to, work at
 2459  paid employment while participating in treatment and traveling
 2460  restrictions. The commission shall also determine whether an
 2461  offender violates the terms and conditions of supervision and
 2462  whether a violation warrants revocation of addiction-recovery
 2463  supervision pursuant to s. 947.141. The commission shall review
 2464  the offender’s record for the purpose of establishing the terms
 2465  and conditions of supervision. The commission may impose any
 2466  special conditions it considers warranted from its review of the
 2467  record. The length of supervision may not exceed the maximum
 2468  penalty imposed by the court.
 2469         Reviser’s note.—Amended to conform to the renaming of the
 2470         Florida Parole Commission as the Florida Commission on
 2471         Offender Review by s. 4, ch. 2014-191, Laws of Florida.
 2472         Section 91. Paragraph (a) of subsection (1) of section
 2473  945.215, Florida Statutes, is amended to read:
 2474         945.215 Inmate welfare and employee benefit trust funds.—
 2475         (1) INMATE PURCHASES; DEPARTMENT OF CORRECTIONS.—
 2476         (a) From The net proceeds from operating inmate canteens,
 2477  vending machines used primarily by inmates and visitors, hobby
 2478  shops, and other such facilities must be deposited in the
 2479  General Revenue Fund; however, funds necessary to purchase items
 2480  for resale at inmate canteens and vending machines must be
 2481  deposited into local bank accounts designated by the department.
 2482         Reviser’s note.—Amended to improve clarity and facilitate
 2483         correct interpretation.
 2484         Section 92. Subsection (20) of section 1001.65, Florida
 2485  Statutes, is amended to read:
 2486         1001.65 Florida College System institution presidents;
 2487  powers and duties.—The president is the chief executive officer
 2488  of the Florida College System institution, shall be corporate
 2489  secretary of the Florida College System institution board of
 2490  trustees, and is responsible for the operation and
 2491  administration of the Florida College System institution. Each
 2492  Florida College System institution president shall:
 2493         (20) Establish a committee to consider requests for waivers
 2494  from the provisions of s. 1008.29 and approve or disapprove the
 2495  committee’s recommendations.
 2496         Reviser’s note.—Amended to delete an obsolete provision and
 2497         conform to the repeal of s. 1008.29 by s. 21, ch. 2009-59,
 2498         Laws of Florida.
 2499         Section 93. Subsection (5) of section 1002.3105, Florida
 2500  Statutes, is amended to read:
 2501         1002.3105 Academically Challenging Curriculum to Enhance
 2502  Learning (ACCEL) options.—
 2503         (5) AWARD OF A STANDARD HIGH SCHOOL DIPLOMA.—A student who
 2504  meets the applicable grade 9 cohort graduation requirements of
 2505  s. 1003.4282(3)(a)-(e) or s. 1003.4282(9)(a)1.-5.
 2506  1003.4282(10)(a)1.-5., (b)1.-5., (c)1.-5., or (d)1.-5., earns
 2507  three credits in electives, and earns a cumulative grade point
 2508  average (GPA) of 2.0 on a 4.0 scale shall be awarded a standard
 2509  high school diploma in a form prescribed by the State Board of
 2510  Education.
 2511         Reviser’s note.— Amended to conform to the redesignation of s.
 2512         1003.4282(10) as s. 1003.4282(9) by the editors to conform
 2513         to the repeal of s. 1003.4282(5) by s. 4, ch. 2015-6, Laws
 2514         of Florida.
 2515         Section 94. Paragraph (e) of subsection (1) of section
 2516  1003.21, Florida Statutes, is amended to read:
 2517         1003.21 School attendance.—
 2518         (1)
 2519         (e) Consistent with rules adopted by the State Board of
 2520  Education, children with disabilities who have attained the age
 2521  of 3 years shall be eligible for admission to public special
 2522  education programs and for related services. Children with
 2523  disabilities younger than 3 years of age who are deaf or hard of
 2524  hearing,; visually impaired,; dual sensory impaired,;
 2525  orthopedically impaired, or; other health impaired or; who have
 2526  experienced traumatic brain injury,; who have autism spectrum
 2527  disorder, have; established conditions, or who exhibit
 2528  developmental delays or intellectual disabilities may be
 2529  eligible for special programs and may receive services in
 2530  accordance with rules of the State Board of Education. Rules for
 2531  the identification of established conditions for children birth
 2532  through 2 years of age and developmental delays for children
 2533  birth through 5 years of age must be adopted by the State Board
 2534  of Education.
 2535         Reviser’s note.—Amended to improve clarity.
 2536         Section 95. Paragraph (b) of subsection (2) of section
 2537  1003.5716, Florida Statutes, is amended to read:
 2538         1003.5716 Transition to postsecondary education and career
 2539  opportunities.—All students with disabilities who are 3 years of
 2540  age to 21 years of age have the right to a free, appropriate
 2541  public education. As used in this section, the term “IEP” means
 2542  individual education plan.
 2543         (2) Beginning not later than the first IEP to be in effect
 2544  when the student attains the age of 16, or younger if determined
 2545  appropriate by the parent and the IEP team, the IEP must include
 2546  the following statements that must be updated annually:
 2547         (b) A statement of intent to receive a standard high school
 2548  diploma before the student attains the age of 22 and a
 2549  description of how the student will fully meet the requirements
 2550  in s. 1003.4282, including, but not limited to, a portfolio
 2551  pursuant to s. 1003.4282(10)(b) 1003.4282(11)(b) which meets the
 2552  criteria specified in State Board of Education rule. The IEP
 2553  must also specify the outcomes and additional benefits expected
 2554  by the parent and the IEP team at the time of the student’s
 2555  graduation.
 2556         Reviser’s note.—Amended to conform to the redesignation of s.
 2557         1003.4282(11) as s. 1003.4282(10) by the editors to conform
 2558         to the repeal of s. 1003.4282(5) by s. 4, ch. 2015-6, Laws
 2559         of Florida.
 2560         Section 96. Subsection (1) of section 1008.22, Florida
 2561  Statutes, is reenacted, and paragraph (d) of subsection (7) of
 2562  that section is amended, to read:
 2563         1008.22 Student assessment program for public schools.—
 2564         (1) PURPOSE.—The primary purpose of the student assessment
 2565  program is to provide student academic achievement and learning
 2566  gains data to students, parents, teachers, school
 2567  administrators, and school district staff. This data is to be
 2568  used by districts to improve instruction; by students, parents,
 2569  and teachers to guide learning objectives; by education
 2570  researchers to assess national and international education
 2571  comparison data; and by the public to assess the cost benefit of
 2572  the expenditure of taxpayer dollars. The program must be
 2573  designed to:
 2574         (a) Assess the achievement level and annual learning gains
 2575  of each student in English Language Arts and mathematics and the
 2576  achievement level in all other subjects assessed.
 2577         (b) Provide data for making decisions regarding school
 2578  accountability, recognition, and improvement of operations and
 2579  management, including schools operating for the purpose of
 2580  providing educational services to youth in Department of
 2581  Juvenile Justice programs.
 2582         (c) Identify the educational strengths and needs of
 2583  students and the readiness of students to be promoted to the
 2584  next grade level or to graduate from high school.
 2585         (d) Assess how well educational goals and curricular
 2586  standards are met at the school, district, state, national, and
 2587  international levels.
 2588         (e) Provide information to aid in the evaluation and
 2589  development of educational programs and policies.
 2590         (f) When available, provide instructional personnel with
 2591  information on student achievement of standards and benchmarks
 2592  in order to improve instruction.
 2593         (7) ASSESSMENT SCHEDULES AND REPORTING OF RESULTS.—
 2594         (d) A school district may not schedule more than 5 percent
 2595  of a student’s total school hours in a school year to administer
 2596  statewide, standardized assessments and district-required local
 2597  assessments. The district must secure written consent from a
 2598  student’s parent before administering district-required local
 2599  assessments that, after applicable statewide, standardized
 2600  assessments are scheduled, exceed the 5 percent test
 2601  administration limit for that student under this paragraph. The
 2602  5 percent test administration limit for a student under this
 2603  paragraph may be exceeded as needed to provide test
 2604  accommodations that are required by an IEP or are appropriate
 2605  for an English language learner who is currently receiving
 2606  services in a program operated in accordance with an approved
 2607  English language learner district plan pursuant to s. 1003.56.
 2608  Notwithstanding this paragraph, a student may choose within a
 2609  school year to take an examination or assessment adopted by
 2610  State Board of Education rule pursuant to this section and ss.
 2611  1007.27, 1008.30, and 1008.44.
 2612         Reviser’s note.—Section 7, ch. 2015-6, Laws of Florida,
 2613         purported to amend subsection (1) but did not publish
 2614         paragraphs (a)-(e). Absent affirmative evidence of
 2615         legislative intent to repeal the omitted paragraphs,
 2616         subsection (1) is reenacted to confirm the omission was not
 2617         intended. Paragraph (7)(d) is amended to confirm the
 2618         editorial insertion of the word “assessments” to conform to
 2619         context.
 2620         Section 97. Paragraph (c) of subsection (1) of section
 2621  1012.22, Florida Statutes, is amended to read:
 2622         1012.22 Public school personnel; powers and duties of the
 2623  district school board.—The district school board shall:
 2624         (1) Designate positions to be filled, prescribe
 2625  qualifications for those positions, and provide for the
 2626  appointment, compensation, promotion, suspension, and dismissal
 2627  of employees as follows, subject to the requirements of this
 2628  chapter:
 2629         (c) Compensation and salary schedules.—
 2630         1. Definitions.—As used in this paragraph:
 2631         a. “Adjustment” means an addition to the base salary
 2632  schedule that is not a bonus and becomes part of the employee’s
 2633  permanent base salary and shall be considered compensation under
 2634  s. 121.021(22).
 2635         b. “Grandfathered salary schedule” means the salary
 2636  schedule or schedules adopted by a district school board before
 2637  July 1, 2014, pursuant to subparagraph 4.
 2638         c. “Instructional personnel” means instructional personnel
 2639  as defined in s. 1012.01(2)(a)-(d), excluding substitute
 2640  teachers.
 2641         d. “Performance salary schedule” means the salary schedule
 2642  or schedules adopted by a district school board pursuant to
 2643  subparagraph 5.
 2644         e. “Salary schedule” means the schedule or schedules used
 2645  to provide the base salary for district school board personnel.
 2646         f. “School administrator” means a school administrator as
 2647  defined in s. 1012.01(3)(c).
 2648         g. “Supplement” means an annual addition to the base salary
 2649  for the term of the negotiated supplement as long as the
 2650  employee continues his or her employment for the purpose of the
 2651  supplement. A supplement does not become part of the employee’s
 2652  continuing base salary but shall be considered compensation
 2653  under s. 121.021(22).
 2654         2. Cost-of-living adjustment.—A district school board may
 2655  provide a cost-of-living salary adjustment if the adjustment:
 2656         a. Does not discriminate among comparable classes of
 2657  employees based upon the salary schedule under which they are
 2658  compensated.
 2659         b. Does not exceed 50 percent of the annual adjustment
 2660  provided to instructional personnel rated as effective.
 2661         3. Advanced degrees.—A district school board may not use
 2662  advanced degrees in setting a salary schedule for instructional
 2663  personnel or school administrators hired on or after July 1,
 2664  2011, unless the advanced degree is held in the individual’s
 2665  area of certification and is only a salary supplement.
 2666         4. Grandfathered salary schedule.—
 2667         a. The district school board shall adopt a salary schedule
 2668  or salary schedules to be used as the basis for paying all
 2669  school employees hired before July 1, 2014. Instructional
 2670  personnel on annual contract as of July 1, 2014, shall be placed
 2671  on the performance salary schedule adopted under subparagraph 5.
 2672  Instructional personnel on continuing contract or professional
 2673  service contract may opt into the performance salary schedule if
 2674  the employee relinquishes such contract and agrees to be
 2675  employed on an annual contract under s. 1012.335. Such an
 2676  employee shall be placed on the performance salary schedule and
 2677  may not return to continuing contract or professional service
 2678  contract status. Any employee who opts into the performance
 2679  salary schedule may not return to the grandfathered salary
 2680  schedule.
 2681         b. In determining the grandfathered salary schedule for
 2682  instructional personnel, a district school board must base a
 2683  portion of each employee’s compensation upon performance
 2684  demonstrated under s. 1012.34 and shall provide differentiated
 2685  pay for both instructional personnel and school administrators
 2686  based upon district-determined factors, including, but not
 2687  limited to, additional responsibilities, school demographics,
 2688  critical shortage areas, and level of job performance
 2689  difficulties.
 2690         5. Performance salary schedule.—By July 1, 2014, the
 2691  district school board shall adopt a performance salary schedule
 2692  that provides annual salary adjustments for instructional
 2693  personnel and school administrators based upon performance
 2694  determined under s. 1012.34. Employees hired on or after July 1,
 2695  2014, or employees who choose to move from the grandfathered
 2696  salary schedule to the performance salary schedule shall be
 2697  compensated pursuant to the performance salary schedule once
 2698  they have received the appropriate performance evaluation for
 2699  this purpose. However, a classroom teacher whose performance
 2700  evaluation utilizes student learning growth measures established
 2701  under s. 1012.34(7)(e) shall remain under the grandfathered
 2702  salary schedule until his or her teaching assignment changes to
 2703  a subject for which there is an assessment or the school
 2704  district establishes equally appropriate measures of student
 2705  learning growth as defined under s. 1012.34 and rules of the
 2706  State Board of Education.
 2707         a. Base salary.—The base salary shall be established as
 2708  follows:
 2709         (I) The base salary for instructional personnel or school
 2710  administrators who opt into the performance salary schedule
 2711  shall be the salary paid in the prior year, including
 2712  adjustments only.
 2713         (II) Beginning July 1, 2014, instructional personnel or
 2714  school administrators new to the district, returning to the
 2715  district after a break in service without an authorized leave of
 2716  absence, or appointed for the first time to a position in the
 2717  district in the capacity of instructional personnel or school
 2718  administrator shall be placed on the performance salary
 2719  schedule.
 2720         b. Salary adjustments.—Salary adjustments for highly
 2721  effective or effective performance shall be established as
 2722  follows:
 2723         (I) The annual salary adjustment under the performance
 2724  salary schedule for an employee rated as highly effective must
 2725  be greater than the highest annual salary adjustment available
 2726  to an employee of the same classification through any other
 2727  salary schedule adopted by the district.
 2728         (II) The annual salary adjustment under the performance
 2729  salary schedule for an employee rated as effective must be equal
 2730  to at least 50 percent and no more than 75 percent of the annual
 2731  adjustment provided for a highly effective employee of the same
 2732  classification.
 2733         (III) The performance salary schedule shall not provide an
 2734  annual salary adjustment for an employee who receives a rating
 2735  other than highly effective or effective for the year.
 2736         c. Salary supplements.—In addition to the salary
 2737  adjustments, each district school board shall provide for salary
 2738  supplements for activities that must include, but are not
 2739  limited to:
 2740         (I) Assignment to a Title I eligible school.
 2741         (II) Assignment to a school that earned a grade of “F” or
 2742  three consecutive grades of “D” pursuant to s. 1008.34 such that
 2743  the supplement remains in force for at least 1 year following
 2744  improved performance in that school.
 2745         (III) Certification and teaching in critical teacher
 2746  shortage areas. Statewide critical teacher shortage areas shall
 2747  be identified by the State Board of Education under s. 1012.07.
 2748  However, the district school board may identify other areas of
 2749  critical shortage within the school district for purposes of
 2750  this sub-sub-subparagraph and may remove areas identified by the
 2751  state board which do not apply within the school district.
 2752         (IV) Assignment of additional academic responsibilities.
 2753  
 2754  If budget constraints in any given year limit a district school
 2755  board’s ability to fully fund all adopted salary schedules, the
 2756  performance salary schedule shall not be reduced on the basis of
 2757  total cost or the value of individual awards in a manner that is
 2758  proportionally greater than reductions to any other salary
 2759  schedules adopted by the district.
 2760         Reviser’s note.—Amended to conform to the repeal of s.
 2761         1012.34(7)(e) by s. 12, ch. 2015-6, Laws of Florida.
 2762         Section 98. Subsection (2) of section 1012.341, Florida
 2763  Statutes, is amended to read:
 2764         1012.341 Exemption from performance evaluation system and
 2765  compensation and salary schedule requirements.—
 2766         (2) By October 1, 2014, and By October 1 annually
 2767  thereafter, the superintendent of Hillsborough County School
 2768  District shall attest, in writing, to the Commissioner of
 2769  Education that:
 2770         (a) The instructional personnel and school administrator
 2771  evaluation systems base at least 40 percent of an employee’s
 2772  performance evaluation upon student performance and that student
 2773  performance is the single greatest component of an employee’s
 2774  evaluation.
 2775         (b) The instructional personnel and school administrator
 2776  evaluation systems adopt the Commissioner of Education’s student
 2777  learning growth formula for statewide assessments as provided
 2778  under s. 1012.34(7).
 2779         (c) The school district’s instructional personnel and
 2780  school administrator compensation system awards salary increases
 2781  based upon sustained student performance.
 2782         (d) The school district’s contract system awards
 2783  instructional personnel and school administrators based upon
 2784  student performance and removes ineffective employees.
 2785  
 2786  This section is repealed August 1, 2017, unless reviewed and
 2787  reenacted by the Legislature.
 2788         Reviser’s note.—Amended to delete an obsolete provision.
 2789         Section 99. This act shall take effect on the 60th day
 2790  after adjournment sine die of the session of the Legislature in
 2791  which enacted.