Florida Senate - 2018 SB 1344
By Senator Benacquisto
27-00782A-18 20181344__
1 A reviser’s bill to be entitled
2 An act relating to the Florida Statutes; repealing ss.
3 39.0011, 161.143(5)(e), 193.1552, 216.292(8), 218.417,
4 218.418, 218.421, 218.422, 259.105(3)(m), 272.136(7),
5 296.37(3), 322.03(1)(c), 327.4105, 328.76(1)(e) and
6 (f), 339.135(4)(i) and (j) and (5)(b) and (c),
7 375.075(4), 380.507(2)(h), 393.065(8), 403.7095(3),
8 408.0436, 420.5087(10), 420.9072(10), 430.82,
9 663.01(9), 663.041, 893.055(17), 1008.34(7), and
10 1012.341, F.S., and amending ss. 212.08(7)(jjj) and
11 394.462, F.S., to delete provisions which have become
12 inoperative by noncurrent repeal or expiration and,
13 pursuant to s. 11.242(5)(b) and (i), F.S., may be
14 omitted from the 2018 Florida Statutes only through a
15 reviser’s bill duly enacted by the Legislature;
16 amending ss. 39.001, 409.1666, and 663.532, F.S., to
17 conform cross-references; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 39.0011, Florida Statutes, is repealed.
22 Reviser’s note.—The cited section, which authorizes
23 establishment of a direct-support organization relating to
24 promotion of adoption, support of adoptive families, and
25 prevention of child abuse, abandonment, and neglect, was
26 repealed pursuant to its own terms, effective October 1,
27 2017.
28 Section 2. Paragraph (e) of subsection (5) of section
29 161.143, Florida Statutes, is repealed.
30 Reviser’s note.—The cited paragraph, which relates to the amount
31 allocated for inlet management funding for the 2016-2017
32 fiscal year only, was repealed pursuant to its own terms,
33 effective July 1, 2017.
34 Section 3. Section 193.1552, Florida Statutes, is repealed.
35 Reviser’s note.—The cited section, which relates to assessment
36 of properties affected by imported or domestic drywall, was
37 repealed pursuant to its own terms, effective July 1, 2017.
38 Section 4. Paragraph (jjj) of subsection (7) of section
39 212.08, Florida Statutes, is amended to read:
40 212.08 Sales, rental, use, consumption, distribution, and
41 storage tax; specified exemptions.—The sale at retail, the
42 rental, the use, the consumption, the distribution, and the
43 storage to be used or consumed in this state of the following
44 are hereby specifically exempt from the tax imposed by this
45 chapter.
46 (7) MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
47 entity by this chapter do not inure to any transaction that is
48 otherwise taxable under this chapter when payment is made by a
49 representative or employee of the entity by any means,
50 including, but not limited to, cash, check, or credit card, even
51 when that representative or employee is subsequently reimbursed
52 by the entity. In addition, exemptions provided to any entity by
53 this subsection do not inure to any transaction that is
54 otherwise taxable under this chapter unless the entity has
55 obtained a sales tax exemption certificate from the department
56 or the entity obtains or provides other documentation as
57 required by the department. Eligible purchases or leases made
58 with such a certificate must be in strict compliance with this
59 subsection and departmental rules, and any person who makes an
60 exempt purchase with a certificate that is not in strict
61 compliance with this subsection and the rules is liable for and
62 shall pay the tax. The department may adopt rules to administer
63 this subsection.
64 (jjj) Certain machinery and equipment.—
65 1. Industrial machinery and equipment purchased by eligible
66 manufacturing businesses which is used at a fixed location in
67 this state for the manufacture, processing, compounding, or
68 production of items of tangible personal property for sale is
69 exempt from the tax imposed by this chapter. If, at the time of
70 purchase, the purchaser furnishes the seller with a signed
71 certificate certifying the purchaser’s entitlement to exemption
72 pursuant to this paragraph, the seller is not required to
73 collect the tax on the sale of such items, and the department
74 shall look solely to the purchaser for recovery of the tax if it
75 determines that the purchaser was not entitled to the exemption.
76 2. For purposes of this paragraph, the term:
77 a. “Eligible manufacturing business” means any business
78 whose primary business activity at the location where the
79 industrial machinery and equipment is located is within the
80 industries classified under NAICS codes 31, 32, 33, and 423930.
81 b. “Eligible postharvest activity business” means a
82 business whose primary business activity, at the location where
83 the postharvest machinery and equipment is located, is within
84 the industries classified under NAICS code 115114.
85 c. “NAICS” means those classifications contained in the
86 North American Industry Classification System, as published in
87 2007 by the Office of Management and Budget, Executive Office of
88 the President.
89 d. “Primary business activity” means an activity
90 representing more than 50 percent of the activities conducted at
91 the location where the industrial machinery and equipment or
92 postharvest machinery and equipment is located.
93 e. “Industrial machinery and equipment” means tangible
94 personal property or other property that has a depreciable life
95 of 3 years or more and that is used as an integral part in the
96 manufacturing, processing, compounding, or production of
97 tangible personal property for sale. The term includes tangible
98 personal property or other property that has a depreciable life
99 of 3 years or more which is used as an integral part in the
100 recycling of metals for sale. A building and its structural
101 components are not industrial machinery and equipment unless the
102 building or structural component is so closely related to the
103 industrial machinery and equipment that it houses or supports
104 that the building or structural component can be expected to be
105 replaced when the machinery and equipment are replaced. Heating
106 and air conditioning systems are not industrial machinery and
107 equipment unless the sole justification for their installation
108 is to meet the requirements of the production process, even
109 though the system may provide incidental comfort to employees or
110 serve, to an insubstantial degree, nonproduction activities. The
111 term includes parts and accessories for industrial machinery and
112 equipment only to the extent that the parts and accessories are
113 purchased before the date the machinery and equipment are placed
114 in service.
115 f. “Postharvest activities” means services performed on
116 crops, after their harvest, with the intent of preparing them
117 for market or further processing. Postharvest activities
118 include, but are not limited to, crop cleaning, sun drying,
119 shelling, fumigating, curing, sorting, grading, packing, and
120 cooling.
121 g. “Postharvest machinery and equipment” means tangible
122 personal property or other property with a depreciable life of 3
123 years or more which is used primarily for postharvest
124 activities. A building and its structural components are not
125 postharvest industrial machinery and equipment unless the
126 building or structural component is so closely related to the
127 postharvest machinery and equipment that it houses or supports
128 that the building or structural component can be expected to be
129 replaced when the postharvest machinery and equipment is
130 replaced. Heating and air conditioning systems are not
131 postharvest machinery and equipment unless the sole
132 justification for their installation is to meet the requirements
133 of the postharvest activities process, even though the system
134 may provide incidental comfort to employees or serve, to an
135 insubstantial degree, nonpostharvest activities.
136 3. Postharvest machinery and equipment purchased by an
137 eligible postharvest activity business which is used at a fixed
138 location in this state is exempt from the tax imposed by this
139 chapter. All labor charges for the repair of, and parts and
140 materials used in the repair of and incorporated into, such
141 postharvest machinery and equipment are also exempt. If, at the
142 time of purchase, the purchaser furnishes the seller with a
143 signed certificate certifying the purchaser’s entitlement to
144 exemption pursuant to this subparagraph, the seller is not
145 required to collect the tax on the sale of such items, and the
146 department shall look solely to the purchaser for recovery of
147 the tax if it determines that the purchaser was not entitled to
148 the exemption.
149 4. A mixer drum affixed to a mixer truck which is used at
150 any location in this state to mix, agitate, and transport
151 freshly mixed concrete in a plastic state for sale is exempt
152 from the tax imposed by this chapter. Parts and labor required
153 to affix a mixer drum exempt under this subparagraph to a mixer
154 truck are also exempt. If, at the time of purchase, the
155 purchaser furnishes the seller with a signed certificate
156 certifying the purchaser’s entitlement to exemption pursuant to
157 this subparagraph, the seller is not required to collect the tax
158 on the sale of such items, and the department shall look solely
159 to the purchaser for recovery of the tax if it determines that
160 the purchaser was not entitled to the exemption. This
161 subparagraph is repealed April 30, 2017.
162 Reviser’s note.—Amended to delete subparagraph 4., to conform to
163 repeal of that subparagraph pursuant to its own terms.
164 Section 5. Subsection (8) of section 216.292, Florida
165 Statutes, is repealed.
166 Reviser’s note.—The cited subsection, which relates to
167 authorization of a transfer of funds for the 2016-2017
168 fiscal year only, expired pursuant to its own terms,
169 effective July 1, 2017.
170 Section 6. Sections 218.417, 218.418, 218.421, and 218.422,
171 Florida Statutes, are repealed.
172 Reviser’s note.—Section 218.417, which created the Fund B
173 Surplus Funds Trust Fund, provides that the “trust fund
174 shall be terminated upon self-liquidation, if not
175 terminated sooner by law.” The fund has self-liquidated.
176 Section 11, ch. 2008-59, Laws of Florida, provides for
177 expiration of ss. 218.418, 218.421, and 218.422, which
178 relate to the trust fund, “at the time the Fund B Surplus
179 Funds Trust Fund is terminated by law or self-liquidates as
180 determined and announced by the executive director of the
181 State Board of Administration, whichever occurs first.”
182 Since the sections were not repealed by a “current session”
183 of the Legislature, they may be omitted from the 2018
184 Florida Statutes only through a reviser’s bill duly enacted
185 by the Legislature. See s. 11.242(5)(b) and (i).
186 Section 7. Paragraph (m) of subsection (3) of section
187 259.105, Florida Statutes, is repealed.
188 Reviser’s note.—The cited paragraph, which relates to
189 distribution of proceeds for the 2016-2017 fiscal year
190 only, expired pursuant to its own terms, effective July 1,
191 2017.
192 Section 8. Subsection (7) of section 272.136, Florida
193 Statutes, is repealed.
194 Reviser’s note.—The cited subsection, which provided for an
195 exemption from open government requirements for certain
196 identifying information relating to a direct-support
197 organization for the Florida Historic Capitol Museum, was
198 repealed pursuant to its own terms, effective October 2,
199 2017.
200 Section 9. Subsection (3) of section 296.37, Florida
201 Statutes, is repealed.
202 Reviser’s note.—The cited subsection, which relates to
203 contributions for maintenance and support from residents of
204 veterans’ nursing homes, was repealed pursuant to its own
205 terms, effective July 1, 2017.
206 Section 10. Paragraph (c) of subsection (1) of section
207 322.03, Florida Statutes, is repealed.
208 Reviser’s note.—The cited paragraph, which relates to licenses
209 issued to part-time residents under s. 322.03(1)(b) as it
210 existed before November 1, 2009, expired pursuant to its
211 own terms, effective June 30, 2017.
212 Section 11. Section 327.4105, Florida Statutes, is
213 repealed.
214 Reviser’s note.—The cited section, which relates to a pilot
215 program for regulation of mooring vessels outside of public
216 mooring fields, expired pursuant to its own terms,
217 effective July 1, 2017.
218 Section 12. Paragraphs (e) and (f) of subsection (1) of
219 section 328.76, Florida Statutes, are repealed.
220 Reviser’s note.—The cited paragraphs, which relate to specific
221 transfers of funds after all administrative costs are
222 funded and distributions in paragraphs (a)-(d) have been
223 made, expired pursuant to their own terms, effective July
224 1, 2017.
225 Section 13. Paragraphs (i) and (j) of subsection (4) and
226 paragraphs (b) and (c) of subsection (5) of section 339.135,
227 Florida Statutes, are repealed.
228 Reviser’s note.—The cited paragraphs, which relate to specified
229 use of funds for the 2016-2017 fiscal year only, expired
230 pursuant to their own terms, effective July 1, 2017.
231 Section 14. Subsection (4) of section 375.075, Florida
232 Statutes, is repealed.
233 Reviser’s note.—The cited subsection, which relates to specified
234 use of funds for the 2016-2017 fiscal year only, expired
235 pursuant to its own terms, effective July 1, 2017.
236 Section 15. Paragraph (h) of subsection (2) of section
237 380.507, Florida Statutes, is repealed.
238 Reviser’s note.—The cited paragraph, which relates to projects
239 providing for accessibility, availability, or adaptability
240 of conservation and recreation lands for individuals with
241 unique abilities, expired pursuant to its own terms,
242 effective July 1, 2017.
243 Section 16. Subsection (8) of section 393.065, Florida
244 Statutes, is repealed.
245 Reviser’s note.—The cited subsection, which relates to waivers
246 for individuals with developmental disabilities in Category
247 6 during the 2016-2017 fiscal year, was repealed by s. 41,
248 ch. 2016-62, Laws of Florida, effective July 1, 2017. Since
249 the subsection was not repealed by a “current session” of
250 the Legislature, it may be omitted from the 2018 Florida
251 Statutes only through a reviser’s bill duly enacted by the
252 Legislature. See s. 11.242(5)(b) and (i).
253 Section 17. Section 394.462, Florida Statutes, is amended
254 to read:
255 394.462 Transportation.—A transportation plan shall be
256 developed and implemented by each county by July 1, 2017, in
257 collaboration with the managing entity in accordance with this
258 section. A county may enter into a memorandum of understanding
259 with the governing boards of nearby counties to establish a
260 shared transportation plan. When multiple counties enter into a
261 memorandum of understanding for this purpose, the counties shall
262 notify the managing entity and provide it with a copy of the
263 agreement. The transportation plan shall describe methods of
264 transport to a facility within the designated receiving system
265 for individuals subject to involuntary examination under s.
266 394.463 or involuntary admission under s. 397.6772, s. 397.679,
267 s. 397.6798, or s. 397.6811, and may identify responsibility for
268 other transportation to a participating facility when necessary
269 and agreed to by the facility. The plan may rely on emergency
270 medical transport services or private transport companies, as
271 appropriate. The plan shall comply with the transportation
272 provisions of this section and ss. 397.6772, 397.6795, 397.6822,
273 and 397.697.
274 (1) TRANSPORTATION TO A RECEIVING FACILITY.—
275 (a) Each county shall designate a single law enforcement
276 agency within the county, or portions thereof, to take a person
277 into custody upon the entry of an ex parte order or the
278 execution of a certificate for involuntary examination by an
279 authorized professional and to transport that person to the
280 appropriate facility within the designated receiving system
281 pursuant to a transportation plan or an exception under
282 subsection (4), or to the nearest receiving facility if neither
283 apply.
284 (b)1. The designated law enforcement agency may decline to
285 transport the person to a receiving facility only if:
286 a. The jurisdiction designated by the county has contracted
287 on an annual basis with an emergency medical transport service
288 or private transport company for transportation of persons to
289 receiving facilities pursuant to this section at the sole cost
290 of the county; and
291 b. The law enforcement agency and the emergency medical
292 transport service or private transport company agree that the
293 continued presence of law enforcement personnel is not necessary
294 for the safety of the person or others.
295 2. The entity providing transportation may seek
296 reimbursement for transportation expenses. The party responsible
297 for payment for such transportation is the person receiving the
298 transportation. The county shall seek reimbursement from the
299 following sources in the following order:
300 a. From a private or public third-party payor, if the
301 person receiving the transportation has applicable coverage.
302 b. From the person receiving the transportation.
303 c. From a financial settlement for medical care, treatment,
304 hospitalization, or transportation payable or accruing to the
305 injured party.
306 (c) A company that transports a patient pursuant to this
307 subsection is considered an independent contractor and is solely
308 liable for the safe and dignified transport of the patient. Such
309 company must be insured and provide no less than $100,000 in
310 liability insurance with respect to the transport of patients.
311 (d) Any company that contracts with a governing board of a
312 county to transport patients shall comply with the applicable
313 rules of the department to ensure the safety and dignity of
314 patients.
315 (e) When a law enforcement officer takes custody of a
316 person pursuant to this part, the officer may request assistance
317 from emergency medical personnel if such assistance is needed
318 for the safety of the officer or the person in custody.
319 (f) When a member of a mental health overlay program or a
320 mobile crisis response service is a professional authorized to
321 initiate an involuntary examination pursuant to s. 394.463 or s.
322 397.675 and that professional evaluates a person and determines
323 that transportation to a receiving facility is needed, the
324 service, at its discretion, may transport the person to the
325 facility or may call on the law enforcement agency or other
326 transportation arrangement best suited to the needs of the
327 patient.
328 (g) When any law enforcement officer has custody of a
329 person based on either noncriminal or minor criminal behavior
330 that meets the statutory guidelines for involuntary examination
331 pursuant to s. 394.463, the law enforcement officer shall
332 transport the person to the appropriate facility within the
333 designated receiving system pursuant to a transportation plan or
334 an exception under subsection (4), or to the nearest receiving
335 facility if neither apply. Persons who meet the statutory
336 guidelines for involuntary admission pursuant to s. 397.675 may
337 also be transported by law enforcement officers to the extent
338 resources are available and as otherwise provided by law. Such
339 persons shall be transported to an appropriate facility within
340 the designated receiving system pursuant to a transportation
341 plan or an exception under subsection (4), or to the nearest
342 facility if neither apply.
343 (h) When any law enforcement officer has arrested a person
344 for a felony and it appears that the person meets the statutory
345 guidelines for involuntary examination or placement under this
346 part, such person must first be processed in the same manner as
347 any other criminal suspect. The law enforcement agency shall
348 thereafter immediately notify the appropriate facility within
349 the designated receiving system pursuant to a transportation
350 plan or an exception under subsection (4), or to the nearest
351 receiving facility if neither apply. The receiving facility
352 shall be responsible for promptly arranging for the examination
353 and treatment of the person. A receiving facility is not
354 required to admit a person charged with a crime for whom the
355 facility determines and documents that it is unable to provide
356 adequate security, but shall provide examination and treatment
357 to the person where he or she is held.
358 (i) If the appropriate law enforcement officer believes
359 that a person has an emergency medical condition as defined in
360 s. 395.002, the person may be first transported to a hospital
361 for emergency medical treatment, regardless of whether the
362 hospital is a designated receiving facility.
363 (j) The costs of transportation, evaluation,
364 hospitalization, and treatment incurred under this subsection by
365 persons who have been arrested for violations of any state law
366 or county or municipal ordinance may be recovered as provided in
367 s. 901.35.
368 (k) The appropriate facility within the designated
369 receiving system pursuant to a transportation plan or an
370 exception under subsection (4), or the nearest receiving
371 facility if neither apply, must accept persons brought by law
372 enforcement officers, or an emergency medical transport service
373 or a private transport company authorized by the county, for
374 involuntary examination pursuant to s. 394.463.
375 (l) The appropriate facility within the designated
376 receiving system pursuant to a transportation plan or an
377 exception under subsection (4), or the nearest receiving
378 facility if neither apply, must provide persons brought by law
379 enforcement officers, or an emergency medical transport service
380 or a private transport company authorized by the county,
381 pursuant to s. 397.675, a basic screening or triage sufficient
382 to refer the person to the appropriate services.
383 (m) Each law enforcement agency designated pursuant to
384 paragraph (a) shall establish a policy that reflects a single
385 set of protocols for the safe and secure transportation and
386 transfer of custody of the person. Each law enforcement agency
387 shall provide a copy of the protocols to the managing entity.
388 (n) When a jurisdiction has entered into a contract with an
389 emergency medical transport service or a private transport
390 company for transportation of persons to facilities within the
391 designated receiving system, such service or company shall be
392 given preference for transportation of persons from nursing
393 homes, assisted living facilities, adult day care centers, or
394 adult family-care homes, unless the behavior of the person being
395 transported is such that transportation by a law enforcement
396 officer is necessary.
397 (o) This section may not be construed to limit emergency
398 examination and treatment of incapacitated persons provided in
399 accordance with s. 401.445.
400 (2) TRANSPORTATION TO A TREATMENT FACILITY.—
401 (a) If neither the patient nor any person legally obligated
402 or responsible for the patient is able to pay for the expense of
403 transporting a voluntary or involuntary patient to a treatment
404 facility, the transportation plan established by the governing
405 board of the county or counties must specify how the
406 hospitalized patient will be transported to, from, and between
407 facilities in a safe and dignified manner.
408 (b) A company that transports a patient pursuant to this
409 subsection is considered an independent contractor and is solely
410 liable for the safe and dignified transportation of the patient.
411 Such company must be insured and provide no less than $100,000
412 in liability insurance with respect to the transport of
413 patients.
414 (c) A company that contracts with one or more counties to
415 transport patients in accordance with this section shall comply
416 with the applicable rules of the department to ensure the safety
417 and dignity of patients.
418 (d) County or municipal law enforcement and correctional
419 personnel and equipment may not be used to transport patients
420 adjudicated incapacitated or found by the court to meet the
421 criteria for involuntary placement pursuant to s. 394.467,
422 except in small rural counties where there are no cost-efficient
423 alternatives.
424 (3) TRANSFER OF CUSTODY.—Custody of a person who is
425 transported pursuant to this part, along with related
426 documentation, shall be relinquished to a responsible individual
427 at the appropriate receiving or treatment facility.
428 (4) EXCEPTIONS.—An exception to the requirements of this
429 section may be granted by the secretary of the department for
430 the purposes of improving service coordination or better meeting
431 the special needs of individuals. A proposal for an exception
432 must be submitted to the department after being approved by the
433 governing boards of any affected counties.
434 (a) A proposal for an exception must identify the specific
435 provision from which an exception is requested; describe how the
436 proposal will be implemented by participating law enforcement
437 agencies and transportation authorities; and provide a plan for
438 the coordination of services.
439 (b) The exception may be granted only for:
440 1. An arrangement centralizing and improving the provision
441 of services within a district, which may include an exception to
442 the requirement for transportation to the nearest receiving
443 facility;
444 2. An arrangement by which a facility may provide, in
445 addition to required psychiatric or substance use disorder
446 services, an environment and services which are uniquely
447 tailored to the needs of an identified group of persons with
448 special needs, such as persons with hearing impairments or
449 visual impairments, or elderly persons with physical frailties;
450 or
451 3. A specialized transportation system that provides an
452 efficient and humane method of transporting patients to
453 receiving facilities, among receiving facilities, and to
454 treatment facilities.
455
456 The exceptions provided in this subsection shall expire on June
457 30, 2017, and no new exceptions shall be granted after that
458 date. After June 30, 2017, the transport of a patient to a
459 facility that is not the nearest facility must be made pursuant
460 to a plan as provided in this section.
461 Reviser’s note.—Amended to conform to the expiration of
462 subsection (4) pursuant to its own terms, effective June
463 30, 2017.
464 Section 18. Subsection (3) of section 403.7095, Florida
465 Statutes, is repealed.
466 Reviser’s note.—The cited subsection, which awarded $3 million
467 in grants in the 2016-2017 fiscal year equally to counties
468 having fewer than 110,000 persons for waste tire and litter
469 prevention, recycling education, and general solid waste
470 programs, expired pursuant to its own terms, effective July
471 1, 2017.
472 Section 19. Section 408.0436, Florida Statutes, is
473 repealed.
474 Reviser’s note.—The cited section, which relates to a limitation
475 on nursing home certificates of need, was repealed pursuant
476 to its own terms, effective July 1, 2017.
477 Section 20. Subsection (10) of section 420.5087, Florida
478 Statutes, is repealed.
479 Reviser’s note.—The cited subsection, which relates to
480 reservation of funds for tenant groups for the 2016-2017
481 fiscal year relating to the State Apartment Incentive Loan
482 Program, expired pursuant to its own terms, effective July
483 1, 2017.
484 Section 21. Subsection (10) of section 420.9072, Florida
485 Statutes, is repealed.
486 Reviser’s note.—The cited subsection, which relates to funds for
487 rental assistance and subsidies for the 2016-2017 fiscal
488 year relating to the State Housing Initiatives Partnership
489 Program, expired pursuant to its own terms, effective July
490 1, 2017.
491 Section 22. Section 430.82, Florida Statutes, is repealed.
492 Reviser’s note.—The cited section, which establishes a direct
493 support organization to provide assistance to the
494 Department of Elderly Affairs, was repealed pursuant to its
495 own terms, effective October 1, 2017.
496 Section 23. Subsection (9) of section 663.01, Florida
497 Statutes, is repealed.
498 Reviser’s note.—The cited subsection, which defines the term
499 “international trust entity” for purposes of part I of
500 chapter 663, was repealed by s. 3, ch. 2016-192, Laws of
501 Florida, effective July 1, 2017. Since the subsection was
502 not repealed by a “current session” of the Legislature, it
503 may be omitted from the 2018 Florida Statutes only through
504 a reviser’s bill duly enacted by the Legislature. See s.
505 11.242(5)(b) and (i).
506 Section 24. Section 663.041, Florida Statutes, is repealed.
507 Reviser’s note.—The cited section, which relates to a moratorium
508 on enforcement of licensing requirements for international
509 trust entities, was repealed by s. 3, ch. 2016-192, Laws of
510 Florida, effective July 1, 2017. Since the section was not
511 repealed by a “current session” of the Legislature, it may
512 be omitted from the 2018 Florida Statutes only through a
513 reviser’s bill duly enacted by the Legislature. See s.
514 11.242(5)(b) and (i).
515 Section 25. Subsection (17) of section 893.055, Florida
516 Statutes, is repealed.
517 Reviser’s note.—The cited subsection, which relates to use of
518 state funds appropriated in the 2016-2017 General
519 Appropriations Act to administer the prescription drug
520 monitoring program for the 2016-2017 fiscal year only,
521 expired pursuant to its own terms, effective July 1, 2017.
522 Section 26. Subsection (7) of section 1008.34, Florida
523 Statutes, is repealed.
524 Reviser’s note.—The cited subsection, which relates to
525 transition provisions relating to school improvement
526 ratings and school grades, was repealed pursuant to its own
527 terms, effective July 1, 2017.
528 Section 27. Section 1012.341, Florida Statutes, is
529 repealed.
530 Reviser’s note.—The cited section, which provides an exemption
531 for the Hillsborough County School District from
532 performance evaluation system and compensation and salary
533 schedule requirements, was repealed pursuant to its own
534 terms, effective August 1, 2017.
535 Section 28. Paragraph (c) of subsection (9) of section
536 39.001, Florida Statutes, is amended to read:
537 39.001 Purposes and intent; personnel standards and
538 screening.—
539 (9) OFFICE OF ADOPTION AND CHILD PROTECTION.—
540 (c) The office is authorized and directed to:
541 1. Oversee the preparation and implementation of the state
542 plan established under subsection (10) and revise and update the
543 state plan as necessary.
544 2. Provide for or make available continuing professional
545 education and training in the prevention of child abuse and
546 neglect.
547 3. Work to secure funding in the form of appropriations,
548 gifts, and grants from the state, the Federal Government, and
549 other public and private sources in order to ensure that
550 sufficient funds are available for the promotion of adoption,
551 support of adoptive families, and child abuse prevention
552 efforts.
553 4. Make recommendations pertaining to agreements or
554 contracts for the establishment and development of:
555 a. Programs and services for the promotion of adoption,
556 support of adoptive families, and prevention of child abuse and
557 neglect.
558 b. Training programs for the prevention of child abuse and
559 neglect.
560 c. Multidisciplinary and discipline-specific training
561 programs for professionals with responsibilities affecting
562 children, young adults, and families.
563 d. Efforts to promote adoption.
564 e. Postadoptive services to support adoptive families.
565 5. Monitor, evaluate, and review the development and
566 quality of local and statewide services and programs for the
567 promotion of adoption, support of adoptive families, and
568 prevention of child abuse and neglect and shall publish and
569 distribute an annual report of its findings on or before January
570 1 of each year to the Governor, the Speaker of the House of
571 Representatives, the President of the Senate, the head of each
572 state agency affected by the report, and the appropriate
573 substantive committees of the Legislature. The report shall
574 include:
575 a. A summary of the activities of the office.
576 b. A summary of the adoption data collected and reported to
577 the federal Adoption and Foster Care Analysis and Reporting
578 System (AFCARS) and the federal Administration for Children and
579 Families.
580 c. A summary of the child abuse prevention data collected
581 and reported to the National Child Abuse and Neglect Data System
582 (NCANDS) and the federal Administration for Children and
583 Families.
584 d. A summary detailing the timeliness of the adoption
585 process for children adopted from within the child welfare
586 system.
587 e. Recommendations, by state agency, for the further
588 development and improvement of services and programs for the
589 promotion of adoption, support of adoptive families, and
590 prevention of child abuse and neglect.
591 f. Budget requests, adoption promotion and support needs,
592 and child abuse prevention program needs by state agency.
593 6. Work with the direct-support organization established
594 under s. 39.0011 to receive financial assistance.
595 Reviser’s note.—Amended to conform to the repeal of s. 39.0011
596 by this act to ratify the repeal of that section by its own
597 terms, effective October 1, 2017.
598 Section 29. Section 409.1666, Florida Statutes, is amended
599 to read:
600 409.1666 Annual adoption achievement awards.—Each year, the
601 Governor shall select and recognize one or more individuals,
602 families, or organizations that make significant contributions
603 to enabling this state’s foster children to achieve permanency
604 through adoption. The department shall define appropriate
605 categories for the achievement awards and seek nominations for
606 potential recipients in each category from individuals and
607 organizations knowledgeable about foster care and adoption.
608 (1) The award shall recognize persons whose contributions
609 involve extraordinary effort or personal sacrifice in order to
610 provide caring and permanent homes for foster children.
611 (2) A direct-support organization established in accordance
612 with s. 39.0011 by the Office of Adoption and Child Protection
613 within the Executive Office of the Governor may accept donations
614 of products or services from private sources to be given to the
615 recipients of the adoption achievement awards. The direct
616 support organization may also provide suitable plaques, framed
617 certificates, pins, and other tokens of recognition.
618 Reviser’s note.—Amended to conform to the repeal of s. 39.0011
619 by this act to ratify the repeal of the section by its own
620 terms, effective October 1, 2017.
621 Section 30. Subsection (6) of section 663.532, Florida
622 Statutes, is amended to read:
623 663.532 Qualification.—
624 (6) No later than March 31, 2018, a person or entity that
625 previously qualified under the moratorium in former s. 663.041
626 must seek qualification as a qualified limited service affiliate
627 or cease doing business in this state. Notwithstanding the
628 expiration of the moratorium under former s. 663.041, a person
629 or entity that previously qualified under such moratorium may
630 remain open and in operation but shall refrain from engaging in
631 new lines of business in this state until qualified as a
632 qualified limited service affiliate under this part.
633 Reviser’s note.—Amended to conform to the repeal of s. 663.041
634 by this act to ratify the repeal of that section effective
635 July 1, 2017, by s. 3, ch. 2016-192, Laws of Florida.
636 Section 31. This act shall take effect on the 60th day
637 after adjournment sine die of the session of the Legislature in
638 which enacted.