Florida Senate - 2019                                       SB 4
       
       
                                                                       
       By Senator Benacquisto
       
       
       
       
       
       27-00627-19                                              20194__
    1                   A reviser’s bill to be entitled                 
    2         An act relating to the Florida Statutes; amending ss.
    3         16.615, 17.076, 20.43, 25.077, 27.34, 27.54, 29.005,
    4         29.006, 30.15, 39.001, 39.01, 39.0121, 39.0139,
    5         39.2015, 39.202, 39.301, 39.303, 39.3031, 39.3035,
    6         39.304, 39.3068, 39.307, 39.5086, 39.521, 105.036,
    7         119.071, 121.71, 154.067, 159.834, 163.3177, 193.4615,
    8         196.075, 196.1975, 210.03, 216.136, 218.135, 218.401,
    9         220.11, 243.20, 259.105, 282.705, 288.9623, 316.614,
   10         322.09, 328.76, 348.0012, 364.163, 373.206, 373.5905,
   11         380.0651, 381.0072, 381.984, 383.3362, 383.402,
   12         388.021, 391.026, 393.063, 395.1023, 395.1055,
   13         395.4025, 397.6760, 400.235, 400.471, 400.4785,
   14         400.991, 401.024, 402.305, 402.310, 402.56, 403.861,
   15         408.036, 408.802, 408.820, 409.017, 409.145, 409.815,
   16         409.9083, 440.45, 455.2286, 458.348, 459.025, 459.026,
   17         468.432, 480.033, 483.285, 491.012, 501.011, 527.0201,
   18         560.109, 578.08, 578.11, 578.13, 590.02, 624.509,
   19         627.40951, 627.746, 634.436, 641.3107, 641.511,
   20         655.825, 718.121, 736.0403, 825.101, 893.055,
   21         893.0551, 900.05, 934.255, 943.0585, 943.1758,
   22         944.115, 985.48, 1002.33, 1002.36, 1002.385, 1002.395,
   23         1002.82, 1004.085, 1004.097, 1004.6495, 1005.03,
   24         1005.06, 1006.061, 1007.24, 1007.273, 1008.31,
   25         1009.89, 1011.69, 1011.71, 1012.2315, 1012.584, and
   26         1013.62, F.S.; reenacting and amending s. 1006.12,
   27         F.S.; and reenacting ss. 163.3164 and 893.13, F.S.;
   28         deleting provisions that have expired, have become
   29         obsolete, have had their effect, have served their
   30         purpose, or have been impliedly repealed or
   31         superseded; replacing incorrect cross-references and
   32         citations; correcting grammatical, typographical, and
   33         like errors; removing inconsistencies, redundancies,
   34         and unnecessary repetition in the statutes; improving
   35         the clarity of the statutes and facilitating their
   36         correct interpretation; and revising statutory
   37         provisions to conform to directives of the
   38         Legislature; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (9) of section 16.615, Florida
   43  Statutes, is amended to read:
   44         16.615 Council on the Social Status of Black Men and Boys.—
   45         (9)(a) The council shall issue its first annual report by
   46  December 15, 2007, and by December 15 each following year,
   47  stating the findings, conclusions, and recommendations of the
   48  council. The council shall submit the report to the Governor,
   49  the President of the Senate, the Speaker of the House of
   50  Representatives, and the chairpersons of the standing committees
   51  of jurisdiction in each chamber.
   52         (b) The initial report must include the findings of an
   53  investigation into factors causing black-on-black crime from the
   54  perspective of public health related to mental health, other
   55  health issues, cultural disconnection, and cultural identity
   56  trauma.
   57         Reviser’s note.—Amended to delete obsolete language.
   58         Section 2. Subsection (7) of section 17.076, Florida
   59  Statutes, is amended to read:
   60         17.076 Direct deposit of funds.—
   61         (7) Effective July 1, 2000, All new recipients of
   62  retirement benefits from this state shall be paid by direct
   63  deposit of funds. A retiree may request from the department an
   64  exemption from the provisions of this subsection when such
   65  retiree can demonstrate a hardship. The department may pay
   66  retirement benefits by state warrant when deemed
   67  administratively necessary.
   68         Reviser’s note.—Amended to delete obsolete language.
   69         Section 3. Paragraph (g) of subsection (3) and subsection
   70  (10) of section 20.43, Florida Statutes, are amended to read:
   71         20.43 Department of Health.—There is created a Department
   72  of Health.
   73         (3) The following divisions of the Department of Health are
   74  established:
   75         (g) Division of Medical Quality Assurance, which is
   76  responsible for the following boards and professions established
   77  within the division:
   78         1. The Board of Acupuncture, created under chapter 457.
   79         2. The Board of Medicine, created under chapter 458.
   80         3. The Board of Osteopathic Medicine, created under chapter
   81  459.
   82         4. The Board of Chiropractic Medicine, created under
   83  chapter 460.
   84         5. The Board of Podiatric Medicine, created under chapter
   85  461.
   86         6. Naturopathy, as provided under chapter 462.
   87         7. The Board of Optometry, created under chapter 463.
   88         8. The Board of Nursing, created under part I of chapter
   89  464.
   90         9. Nursing assistants, as provided under part II of chapter
   91  464.
   92         10. The Board of Pharmacy, created under chapter 465.
   93         11. The Board of Dentistry, created under chapter 466.
   94         12. Midwifery, as provided under chapter 467.
   95         13. The Board of Speech-Language Pathology and Audiology,
   96  created under part I of chapter 468.
   97         14. The Board of Nursing Home Administrators, created under
   98  part II of chapter 468.
   99         15. The Board of Occupational Therapy, created under part
  100  III of chapter 468.
  101         16. Respiratory therapy, as provided under part V of
  102  chapter 468.
  103         17. Dietetics and nutrition practice, as provided under
  104  part X of chapter 468.
  105         18. The Board of Athletic Training, created under part XIII
  106  of chapter 468.
  107         19. The Board of Orthotists and Prosthetists, created under
  108  part XIV of chapter 468.
  109         20. Electrolysis, as provided under chapter 478.
  110         21. The Board of Massage Therapy, created under chapter
  111  480.
  112         22. The Board of Clinical Laboratory Personnel, created
  113  under part II of chapter 483.
  114         23. Medical physicists, as provided under part III IV of
  115  chapter 483.
  116         24. The Board of Opticianry, created under part I of
  117  chapter 484.
  118         25. The Board of Hearing Aid Specialists, created under
  119  part II of chapter 484.
  120         26. The Board of Physical Therapy Practice, created under
  121  chapter 486.
  122         27. The Board of Psychology, created under chapter 490.
  123         28. School psychologists, as provided under chapter 490.
  124         29. The Board of Clinical Social Work, Marriage and Family
  125  Therapy, and Mental Health Counseling, created under chapter
  126  491.
  127         30. Emergency medical technicians and paramedics, as
  128  provided under part III of chapter 401.
  129         (10)(a) Beginning in fiscal year 2010-2011, The department
  130  shall initiate or commence new programs only when the
  131  Legislative Budget Commission or the Legislature expressly
  132  authorizes the department to do so.
  133         (b) Beginning in fiscal year 2010-2011, Before applying for
  134  any continuation of or new federal or private grants that are
  135  for an amount of $50,000 or greater, the department shall
  136  provide written notification to the Governor, the President of
  137  the Senate, and the Speaker of the House of Representatives. The
  138  notification must include detailed information about the purpose
  139  of the grant, the intended use of the funds, and the number of
  140  full-time permanent or temporary employees needed to administer
  141  the program funded by the grant.
  142         Reviser’s note.—Paragraph (3)(g) is amended to conform to the
  143         redesignation of part IV of chapter 483 as part III
  144         pursuant to the repeal of former part I of that chapter by
  145         s. 97, ch. 2018-24, Laws of Florida. Subsection (10) is
  146         amended to delete obsolete language.
  147         Section 4. Section 25.077, Florida Statutes, is amended to
  148  read:
  149         25.077 Negligence case settlements and jury verdicts; case
  150  reporting.—Through the state’s uniform case reporting system,
  151  the clerk of court shall report to the Office of the State
  152  Courts Administrator, beginning in 2003, information from each
  153  settlement or jury verdict and final judgment in negligence
  154  cases as defined in s. 768.81(1)(c), as the President of the
  155  Senate and the Speaker of the House of Representatives deem
  156  necessary from time to time. The information shall include, but
  157  need not be limited to: the name of each plaintiff and
  158  defendant; the verdict; the percentage of fault of each; the
  159  amount of economic damages and noneconomic damages awarded to
  160  each plaintiff, identifying those damages that are to be paid
  161  jointly and severally and by which defendants; and the amount of
  162  any punitive damages to be paid by each defendant.
  163         Reviser’s note.—Amended to delete obsolete language.
  164         Section 5. Subsection (4) of section 27.34, Florida
  165  Statutes, is amended to read:
  166         27.34 Limitations on payment of salaries and other related
  167  costs of state attorneys’ offices other than by the state.—
  168         (4) Unless expressly authorized by law or in the General
  169  Appropriations Act, state attorneys are prohibited from spending
  170  state-appropriated funds on county funding obligations under s.
  171  14, Art. V of the State Constitution beginning January 1, 2005.
  172  This includes expenditures on communications services and
  173  facilities as defined in s. 29.008. This does not prohibit a
  174  state attorney from spending funds for these purposes in
  175  exceptional circumstances when necessary to maintain operational
  176  continuity in the form of a short-term advance pending
  177  reimbursement by the county. If a state attorney provides short
  178  term advance funding for a county responsibility as authorized
  179  by this subsection, the state attorney shall request full
  180  reimbursement from the board of county commissioners prior to
  181  making the expenditure or at the next meeting of the board of
  182  county commissioners after the expenditure is made. The total of
  183  all short-term advances authorized by this subsection shall not
  184  exceed 2 percent of the state attorney’s approved operating
  185  budget in any given year. No short-term advances authorized by
  186  this subsection shall be permitted until all reimbursements
  187  arising from advance funding in the prior state fiscal year have
  188  been received by the state attorney. All reimbursement payments
  189  received by the state attorney pursuant to this subsection shall
  190  be deposited into the General Revenue Fund. Notwithstanding the
  191  provisions of this subsection, the state attorney may expend
  192  funds for the purchase of computer systems, including associated
  193  hardware and software, and for personnel related to this
  194  function.
  195         Reviser’s note.—Amended to delete obsolete language.
  196         Section 6. Subsection (4) of section 27.54, Florida
  197  Statutes, is amended to read:
  198         27.54 Limitation on payment of expenditures other than by
  199  the state.—
  200         (4) Unless expressly authorized by law or in the General
  201  Appropriations Act, public defenders and regional counsel are
  202  prohibited from spending state-appropriated funds on county
  203  funding obligations under s. 14, Art. V of the State
  204  Constitution beginning January 1, 2005. This includes
  205  expenditures on communications services and facilities as
  206  defined in s. 29.008. This does not prohibit a public defender
  207  from spending funds for these purposes in exceptional
  208  circumstances when necessary to maintain operational continuity
  209  in the form of a short-term advance pending reimbursement from
  210  the county. If a public defender or regional counsel provides
  211  short-term advance funding for a county responsibility as
  212  authorized by this subsection, the public defender or regional
  213  counsel shall request full reimbursement from the board of
  214  county commissioners prior to making the expenditure or at the
  215  next meeting of the board of county commissioners after the
  216  expenditure is made. The total of all short-term advances
  217  authorized by this subsection shall not exceed 2 percent of the
  218  public defender’s or regional counsel’s approved operating
  219  budget in any given year. No short-term advances authorized by
  220  this subsection shall be permitted until all reimbursements
  221  arising from advance funding in the prior state fiscal year have
  222  been received by the public defender or regional counsel. All
  223  reimbursement payments received by the public defender or
  224  regional counsel shall be deposited into the General Revenue
  225  Fund. Notwithstanding the provisions of this subsection, the
  226  public defender or regional counsel may expend funds for the
  227  purchase of computer systems, including associated hardware and
  228  software, and for personnel related to this function.
  229         Reviser’s note.—Amended to delete obsolete language.
  230         Section 7. Subsection (4) of section 29.005, Florida
  231  Statutes, is amended to read:
  232         29.005 State attorneys’ offices and prosecution expenses.
  233  For purposes of implementing s. 14, Art. V of the State
  234  Constitution, the elements of the state attorneys’ offices to be
  235  provided from state revenues appropriated by general law are as
  236  follows:
  237         (4) Reasonable transportation services in the performance
  238  of constitutional and statutory responsibilities. Motor vehicles
  239  owned by the counties and provided exclusively to state
  240  attorneys as of July 1, 2003, and any additional vehicles owned
  241  by the counties and provided exclusively to state attorneys
  242  during fiscal year 2003-2004 shall be transferred by title to
  243  the state effective July 1, 2004.
  244         Reviser’s note.—Amended to delete obsolete language.
  245         Section 8. Subsection (5) of section 29.006, Florida
  246  Statutes, is amended to read:
  247         29.006 Indigent defense costs.—For purposes of implementing
  248  s. 14, Art. V of the State Constitution, the elements of the
  249  public defenders’ offices and criminal conflict and civil
  250  regional counsel offices to be provided from state revenues
  251  appropriated by general law are as follows:
  252         (5) Reasonable transportation services in the performance
  253  of constitutional and statutory responsibilities. Motor vehicles
  254  owned by counties and provided exclusively to public defenders
  255  as of July 1, 2003, and any additional vehicles owned by the
  256  counties and provided exclusively to public defenders during
  257  fiscal year 2003-2004 shall be transferred by title to the state
  258  effective July 1, 2004.
  259         Reviser’s note.—Amended to delete obsolete language.
  260         Section 9. Subsection (3) of section 30.15, Florida
  261  Statutes, is amended to read:
  262         30.15 Powers, duties, and obligations.—
  263         (3) On or before January 1, 2002, Every sheriff shall
  264  incorporate an antiracial or other antidiscriminatory profiling
  265  policy into the sheriff’s policies and practices, utilizing the
  266  Florida Police Chiefs Association Model Policy as a guide.
  267  Antiprofiling policies shall include the elements of
  268  definitions, traffic stop procedures, community education and
  269  awareness efforts, and policies for the handling of complaints
  270  from the public.
  271         Reviser’s note.—Amended to delete obsolete language.
  272         Section 10. Paragraph (a) of subsection (10) of section
  273  39.001, Florida Statutes, is amended to read:
  274         39.001 Purposes and intent; personnel standards and
  275  screening.—
  276         (10) PLAN FOR COMPREHENSIVE APPROACH.—
  277         (a) The office shall develop a state plan for the promotion
  278  of adoption, support of adoptive families, and prevention of
  279  abuse, abandonment, and neglect of children and shall submit the
  280  state plan to the Speaker of the House of Representatives, the
  281  President of the Senate, and the Governor no later than December
  282  31, 2008. The Department of Children and Families, the
  283  Department of Corrections, the Department of Education, the
  284  Department of Health, the Department of Juvenile Justice, the
  285  Department of Law Enforcement, and the Agency for Persons with
  286  Disabilities shall participate and fully cooperate in the
  287  development of the state plan at both the state and local
  288  levels. Furthermore, appropriate local agencies and
  289  organizations shall be provided an opportunity to participate in
  290  the development of the state plan at the local level.
  291  Appropriate local groups and organizations shall include, but
  292  not be limited to, community mental health centers; guardian ad
  293  litem programs for children under the circuit court; the school
  294  boards of the local school districts; the Florida local advocacy
  295  councils; community-based care lead agencies; private or public
  296  organizations or programs with recognized expertise in working
  297  with child abuse prevention programs for children and families;
  298  private or public organizations or programs with recognized
  299  expertise in working with children who are sexually abused,
  300  physically abused, emotionally abused, abandoned, or neglected
  301  and with expertise in working with the families of such
  302  children; private or public programs or organizations with
  303  expertise in maternal and infant health care; multidisciplinary
  304  Child Protection Teams child protection teams; child day care
  305  centers; law enforcement agencies; and the circuit courts, when
  306  guardian ad litem programs are not available in the local area.
  307  The state plan to be provided to the Legislature and the
  308  Governor shall include, as a minimum, the information required
  309  of the various groups in paragraph (b).
  310         Reviser’s note.—Amended to delete obsolete language and to
  311         conform to s. 32, ch. 2018-103, Laws of Florida, which
  312         directed the Division of Law Revision and Information to
  313         prepare a reviser’s bill “to capitalize each word of the
  314         term ‘child protection team’ wherever it occurs in the
  315         Florida Statutes.”
  316         Section 11. Subsection (13) of section 39.01, Florida
  317  Statutes, is amended to read:
  318         39.01 Definitions.—When used in this chapter, unless the
  319  context otherwise requires:
  320         (13) “Child Protection Team” “Child protection team” means
  321  a team of professionals established by the Department of Health
  322  to receive referrals from the protective investigators and
  323  protective supervision staff of the department and to provide
  324  specialized and supportive services to the program in processing
  325  child abuse, abandonment, or neglect cases. A Child Protection
  326  Team child protection team shall provide consultation to other
  327  programs of the department and other persons regarding child
  328  abuse, abandonment, or neglect cases.
  329         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  330         of Florida, which directed the Division of Law Revision and
  331         Information to prepare a reviser’s bill “to capitalize each
  332         word of the term ‘child protection team’ wherever it occurs
  333         in the Florida Statutes.”
  334         Section 12. Subsection (5) of section 39.0121, Florida
  335  Statutes, is amended to read:
  336         39.0121 Specific rulemaking authority.—Pursuant to the
  337  requirements of s. 120.536, the department is specifically
  338  authorized to adopt, amend, and repeal administrative rules
  339  which implement or interpret law or policy, or describe the
  340  procedure and practice requirements necessary to implement this
  341  chapter, including, but not limited to, the following:
  342         (5) Requesting of services from Child Protection Teams
  343  child protection teams.
  344         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  345         of Florida, which directed the Division of Law Revision and
  346         Information to prepare a reviser’s bill “to capitalize each
  347         word of the term ‘child protection team’ wherever it occurs
  348         in the Florida Statutes.”
  349         Section 13. Paragraph (b) of subsection (4) of section
  350  39.0139, Florida Statutes, is amended to read:
  351         39.0139 Visitation or other contact; restrictions.—
  352         (4) HEARINGS.—A person who meets any of the criteria set
  353  forth in paragraph (3)(a) who seeks to begin or resume contact
  354  with the child victim shall have the right to an evidentiary
  355  hearing to determine whether contact is appropriate.
  356         (b) At the hearing, the court may receive and rely upon any
  357  relevant and material evidence submitted to the extent of its
  358  probative value, including written and oral reports or
  359  recommendations from the Child Protection Team child protection
  360  team, the child’s therapist, the child’s guardian ad litem, or
  361  the child’s attorney ad litem, even if these reports,
  362  recommendations, and evidence may not be admissible under the
  363  rules of evidence.
  364         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  365         of Florida, which directed the Division of Law Revision and
  366         Information to prepare a reviser’s bill “to capitalize each
  367         word of the term ‘child protection team’ wherever it occurs
  368         in the Florida Statutes.”
  369         Section 14. Subsection (3) of section 39.2015, Florida
  370  Statutes, is amended to read:
  371         39.2015 Critical incident rapid response team.—
  372         (3) Each investigation shall be conducted by a multiagency
  373  team of at least five professionals with expertise in child
  374  protection, child welfare, and organizational management. The
  375  team may consist of employees of the department, community-based
  376  care lead agencies, Children’s Medical Services, and community
  377  based care provider organizations; faculty from the institute
  378  consisting of public and private universities offering degrees
  379  in social work established pursuant to s. 1004.615; or any other
  380  person with the required expertise. The team shall include, at a
  381  minimum, a Child Protection Team child protection team medical
  382  director. The majority of the team must reside in judicial
  383  circuits outside the location of the incident. The secretary
  384  shall appoint a team leader for each group assigned to an
  385  investigation.
  386         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  387         of Florida, which directed the Division of Law Revision and
  388         Information to prepare a reviser’s bill “to capitalize each
  389         word of the term ‘child protection team’ wherever it occurs
  390         in the Florida Statutes.”
  391         Section 15. Paragraph (t) of subsection (2) and subsections
  392  (5) and (6) of section 39.202, Florida Statutes, are amended to
  393  read:
  394         39.202 Confidentiality of reports and records in cases of
  395  child abuse or neglect.—
  396         (2) Except as provided in subsection (4), access to such
  397  records, excluding the name of the reporter which shall be
  398  released only as provided in subsection (5), shall be granted
  399  only to the following persons, officials, and agencies:
  400         (t) Persons with whom the department is seeking to place
  401  the child or to whom placement has been granted, including
  402  foster parents for whom an approved home study has been
  403  conducted, the designee of a licensed residential group home
  404  described in s. 39.523, an approved relative or nonrelative with
  405  whom a child is placed pursuant to s. 39.402, preadoptive
  406  parents for whom a favorable preliminary adoptive home study has
  407  been conducted, adoptive parents, or an adoption entity acting
  408  on behalf of preadoptive or adoptive parents.
  409         (5) The name of any person reporting child abuse,
  410  abandonment, or neglect may not be released to any person other
  411  than employees of the department responsible for child
  412  protective services, the central abuse hotline, law enforcement,
  413  the Child Protection Team child protection team, or the
  414  appropriate state attorney, without the written consent of the
  415  person reporting. This does not prohibit the subpoenaing of a
  416  person reporting child abuse, abandonment, or neglect when
  417  deemed necessary by the court, the state attorney, or the
  418  department, provided the fact that such person made the report
  419  is not disclosed. Any person who reports a case of child abuse
  420  or neglect may, at the time he or she makes the report, request
  421  that the department notify him or her that a child protective
  422  investigation occurred as a result of the report. Any person
  423  specifically listed in s. 39.201(1) who makes a report in his or
  424  her official capacity may also request a written summary of the
  425  outcome of the investigation. The department shall mail such a
  426  notice to the reporter within 10 days after completing the child
  427  protective investigation.
  428         (6) All records and reports of the Child Protection Team
  429  child protection team of the Department of Health are
  430  confidential and exempt from the provisions of ss. 119.07(1) and
  431  456.057, and shall not be disclosed, except, upon request, to
  432  the state attorney, law enforcement, the department, and
  433  necessary professionals, in furtherance of the treatment or
  434  additional evaluative needs of the child, by order of the court,
  435  or to health plan payors, limited to that information used for
  436  insurance reimbursement purposes.
  437         Reviser’s note.—Paragraph (2)(t) is amended to delete a
  438         reference to s. 39.523 to conform to the fact that that
  439         section now focuses on placement in out-of-home care; prior
  440         to substantial rewording of s. 39.523 by s. 14, ch. 2017
  441         151, Laws of Florida, the text related to placement in
  442         residential group care. Subsections (5) and (6) are amended
  443         to conform to s. 32, ch. 2018-103, Laws of Florida, which
  444         directed the Division of Law Revision and Information to
  445         prepare a reviser’s bill “to capitalize each word of the
  446         term ‘child protection team’ wherever it occurs in the
  447         Florida Statutes.”
  448         Section 16. Paragraph (a) of subsection (9) and paragraph
  449  (c) of subsection (14) of section 39.301, Florida Statutes, are
  450  amended to read:
  451         39.301 Initiation of protective investigations.—
  452         (9)(a) For each report received from the central abuse
  453  hotline and accepted for investigation, the department or the
  454  sheriff providing child protective investigative services under
  455  s. 39.3065, shall perform the following child protective
  456  investigation activities to determine child safety:
  457         1. Conduct a review of all relevant, available information
  458  specific to the child and family and alleged maltreatment;
  459  family child welfare history; local, state, and federal criminal
  460  records checks; and requests for law enforcement assistance
  461  provided by the abuse hotline. Based on a review of available
  462  information, including the allegations in the current report, a
  463  determination shall be made as to whether immediate consultation
  464  should occur with law enforcement, the Child Protection Team
  465  child protection team, a domestic violence shelter or advocate,
  466  or a substance abuse or mental health professional. Such
  467  consultations should include discussion as to whether a joint
  468  response is necessary and feasible. A determination shall be
  469  made as to whether the person making the report should be
  470  contacted before the face-to-face interviews with the child and
  471  family members.
  472         2. Conduct face-to-face interviews with the child; other
  473  siblings, if any; and the parents, legal custodians, or
  474  caregivers.
  475         3. Assess the child’s residence, including a determination
  476  of the composition of the family and household, including the
  477  name, address, date of birth, social security number, sex, and
  478  race of each child named in the report; any siblings or other
  479  children in the same household or in the care of the same
  480  adults; the parents, legal custodians, or caregivers; and any
  481  other adults in the same household.
  482         4. Determine whether there is any indication that any child
  483  in the family or household has been abused, abandoned, or
  484  neglected; the nature and extent of present or prior injuries,
  485  abuse, or neglect, and any evidence thereof; and a determination
  486  as to the person or persons apparently responsible for the
  487  abuse, abandonment, or neglect, including the name, address,
  488  date of birth, social security number, sex, and race of each
  489  such person.
  490         5. Complete assessment of immediate child safety for each
  491  child based on available records, interviews, and observations
  492  with all persons named in subparagraph 2. and appropriate
  493  collateral contacts, which may include other professionals. The
  494  department’s child protection investigators are hereby
  495  designated a criminal justice agency for the purpose of
  496  accessing criminal justice information to be used for enforcing
  497  this state’s laws concerning the crimes of child abuse,
  498  abandonment, and neglect. This information shall be used solely
  499  for purposes supporting the detection, apprehension,
  500  prosecution, pretrial release, posttrial release, or
  501  rehabilitation of criminal offenders or persons accused of the
  502  crimes of child abuse, abandonment, or neglect and may not be
  503  further disseminated or used for any other purpose.
  504         6. Document the present and impending dangers to each child
  505  based on the identification of inadequate protective capacity
  506  through utilization of a standardized safety assessment
  507  instrument. If present or impending danger is identified, the
  508  child protective investigator must implement a safety plan or
  509  take the child into custody. If present danger is identified and
  510  the child is not removed, the child protective investigator
  511  shall create and implement a safety plan before leaving the home
  512  or the location where there is present danger. If impending
  513  danger is identified, the child protective investigator shall
  514  create and implement a safety plan as soon as necessary to
  515  protect the safety of the child. The child protective
  516  investigator may modify the safety plan if he or she identifies
  517  additional impending danger.
  518         a. If the child protective investigator implements a safety
  519  plan, the plan must be specific, sufficient, feasible, and
  520  sustainable in response to the realities of the present or
  521  impending danger. A safety plan may be an in-home plan or an
  522  out-of-home plan, or a combination of both. A safety plan may
  523  include tasks or responsibilities for a parent, caregiver, or
  524  legal custodian. However, a safety plan may not rely on
  525  promissory commitments by the parent, caregiver, or legal
  526  custodian who is currently not able to protect the child or on
  527  services that are not available or will not result in the safety
  528  of the child. A safety plan may not be implemented if for any
  529  reason the parents, guardian, or legal custodian lacks the
  530  capacity or ability to comply with the plan. If the department
  531  is not able to develop a plan that is specific, sufficient,
  532  feasible, and sustainable, the department shall file a shelter
  533  petition. A child protective investigator shall implement
  534  separate safety plans for the perpetrator of domestic violence,
  535  if the investigator, using reasonable efforts, can locate the
  536  perpetrator to implement a safety plan, and for the parent who
  537  is a victim of domestic violence as defined in s. 741.28.
  538  Reasonable efforts to locate a perpetrator include, but are not
  539  limited to, a diligent search pursuant to the same requirements
  540  as in s. 39.503. If the perpetrator of domestic violence is not
  541  the parent, guardian, or legal custodian of any child in the
  542  home and if the department does not intend to file a shelter
  543  petition or dependency petition that will assert allegations
  544  against the perpetrator as a parent of a child in the home, the
  545  child protective investigator shall seek issuance of an
  546  injunction authorized by s. 39.504 to implement a safety plan
  547  for the perpetrator and impose any other conditions to protect
  548  the child. The safety plan for the parent who is a victim of
  549  domestic violence may not be shared with the perpetrator. If any
  550  party to a safety plan fails to comply with the safety plan
  551  resulting in the child being unsafe, the department shall file a
  552  shelter petition.
  553         b. The child protective investigator shall collaborate with
  554  the community-based care lead agency in the development of the
  555  safety plan as necessary to ensure that the safety plan is
  556  specific, sufficient, feasible, and sustainable. The child
  557  protective investigator shall identify services necessary for
  558  the successful implementation of the safety plan. The child
  559  protective investigator and the community-based care lead agency
  560  shall mobilize service resources to assist all parties in
  561  complying with the safety plan. The community-based care lead
  562  agency shall prioritize safety plan services to families who
  563  have multiple risk factors, including, but not limited to, two
  564  or more of the following:
  565         (I) The parent or legal custodian is of young age;
  566         (II) The parent or legal custodian, or an adult currently
  567  living in or frequently visiting the home, has a history of
  568  substance abuse, mental illness, or domestic violence;
  569         (III) The parent or legal custodian, or an adult currently
  570  living in or frequently visiting the home, has been previously
  571  found to have physically or sexually abused a child;
  572         (IV) The parent or legal custodian or an adult currently
  573  living in or frequently visiting the home has been the subject
  574  of multiple allegations by reputable reports of abuse or
  575  neglect;
  576         (V) The child is physically or developmentally disabled; or
  577         (VI) The child is 3 years of age or younger.
  578         c. The child protective investigator shall monitor the
  579  implementation of the plan to ensure the child’s safety until
  580  the case is transferred to the lead agency at which time the
  581  lead agency shall monitor the implementation.
  582         (14)
  583         (c) The department, in consultation with the judiciary,
  584  shall adopt by rule:
  585         1. Criteria that are factors requiring that the department
  586  take the child into custody, petition the court as provided in
  587  this chapter, or, if the child is not taken into custody or a
  588  petition is not filed with the court, conduct an administrative
  589  review. Such factors must include, but are not limited to,
  590  noncompliance with a safety plan or the case plan developed by
  591  the department, and the family under this chapter, and prior
  592  abuse reports with findings that involve the child, the child’s
  593  sibling, or the child’s caregiver.
  594         2. Requirements that if after an administrative review the
  595  department determines not to take the child into custody or
  596  petition the court, the department shall document the reason for
  597  its decision in writing and include it in the investigative
  598  file. For all cases that were accepted by the local law
  599  enforcement agency for criminal investigation pursuant to
  600  subsection (2), the department must include in the file written
  601  documentation that the administrative review included input from
  602  law enforcement. In addition, for all cases that must be
  603  referred to Child Protection Teams child protection teams
  604  pursuant to s. 39.303(4) and (5), the file must include written
  605  documentation that the administrative review included the
  606  results of the team’s evaluation.
  607         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  608         of Florida, which directed the Division of Law Revision and
  609         Information to prepare a reviser’s bill “to capitalize each
  610         word of the term ‘child protection team’ wherever it occurs
  611         in the Florida Statutes.”
  612         Section 17. Subsection (1), paragraphs (b), (c), and (d) of
  613  subsection (2), subsections (3), (4), (5), (6), (7), and (8),
  614  and paragraph (c) of subsection (10) of section 39.303, Florida
  615  Statutes, are amended to read:
  616         39.303 Child Protection Teams protection teams and sexual
  617  abuse treatment programs; services; eligible cases.—
  618         (1) The Children’s Medical Services Program in the
  619  Department of Health shall develop, maintain, and coordinate the
  620  services of one or more multidisciplinary Child Protection Teams
  621  child protection teams in each of the service circuits of the
  622  Department of Children and Families. Such teams may be composed
  623  of appropriate representatives of school districts and
  624  appropriate health, mental health, social service, legal
  625  service, and law enforcement agencies. The Department of Health
  626  and the Department of Children and Families shall maintain an
  627  interagency agreement that establishes protocols for oversight
  628  and operations of Child Protection Teams child protection teams
  629  and sexual abuse treatment programs. The State Surgeon General
  630  and the Deputy Secretary for Children’s Medical Services, in
  631  consultation with the Secretary of Children and Families and the
  632  Statewide Medical Director for Child Protection, shall maintain
  633  the responsibility for the screening, employment, and, if
  634  necessary, the termination of Child Protection Team child
  635  protection team medical directors in the 15 circuits.
  636         (2)
  637         (b) Each Child Protection Team child protection team
  638  medical director must be a physician licensed under chapter 458
  639  or chapter 459 who is a board-certified physician in pediatrics
  640  or family medicine and, within 2 years after the date of
  641  employment as a Child Protection Team child protection team
  642  medical director, obtains a subspecialty certification in child
  643  abuse from the American Board of Pediatrics or within 2 years
  644  meet the minimum requirements established by a third-party
  645  credentialing entity recognizing a demonstrated specialized
  646  competence in child abuse pediatrics pursuant to paragraph (d).
  647  Each Child Protection Team child protection team medical
  648  director employed on July 1, 2015, must, by July 1, 2019, either
  649  obtain a subspecialty certification in child abuse from the
  650  American Board of Pediatrics or meet the minimum requirements
  651  established by a third-party credentialing entity recognizing a
  652  demonstrated specialized competence in child abuse pediatrics
  653  pursuant to paragraph (d). Child Protection Team protection team
  654  medical directors shall be responsible for oversight of the
  655  teams in the circuits.
  656         (c) All medical personnel participating on a Child
  657  Protection Team child protection team must successfully complete
  658  the required Child Protection Team child protection team
  659  training curriculum as set forth in protocols determined by the
  660  Deputy Secretary for Children’s Medical Services and the
  661  Statewide Medical Director for Child Protection.
  662         (d) Contingent on appropriations, the Department of Health
  663  shall approve one or more third-party credentialing entities for
  664  the purpose of developing and administering a professional
  665  credentialing program for Child Protection Team child protection
  666  team medical directors. Within 90 days after receiving
  667  documentation from a third-party credentialing entity, the
  668  department shall approve a third-party credentialing entity that
  669  demonstrates compliance with the following minimum standards:
  670         1. Establishment of child abuse pediatrics core
  671  competencies, certification standards, testing instruments, and
  672  recertification standards according to national psychometric
  673  standards.
  674         2. Establishment of a process to administer the
  675  certification application, award, and maintenance processes
  676  according to national psychometric standards.
  677         3. Demonstrated ability to administer a professional code
  678  of ethics and disciplinary process that applies to all certified
  679  persons.
  680         4. Establishment of, and ability to maintain, a publicly
  681  accessible Internet-based database that contains information on
  682  each person who applies for and is awarded certification, such
  683  as the person’s first and last name, certification status, and
  684  ethical or disciplinary history.
  685         5. Demonstrated ability to administer biennial continuing
  686  education and certification renewal requirements.
  687         6. Demonstrated ability to administer an education provider
  688  program to approve qualified training entities and to provide
  689  precertification training to applicants and continuing education
  690  opportunities to certified professionals.
  691         (3) The Department of Health shall use and convene the
  692  Child Protection Teams child protection teams to supplement the
  693  assessment and protective supervision activities of the family
  694  safety and preservation program of the Department of Children
  695  and Families. This section does not remove or reduce the duty
  696  and responsibility of any person to report pursuant to this
  697  chapter all suspected or actual cases of child abuse,
  698  abandonment, or neglect or sexual abuse of a child. The role of
  699  the Child Protection Teams child protection teams is to support
  700  activities of the program and to provide services deemed by the
  701  Child Protection Teams child protection teams to be necessary
  702  and appropriate to abused, abandoned, and neglected children
  703  upon referral. The specialized diagnostic assessment,
  704  evaluation, coordination, consultation, and other supportive
  705  services that a Child Protection Team child protection team must
  706  be capable of providing include, but are not limited to, the
  707  following:
  708         (a) Medical diagnosis and evaluation services, including
  709  provision or interpretation of X rays and laboratory tests, and
  710  related services, as needed, and documentation of related
  711  findings.
  712         (b) Telephone consultation services in emergencies and in
  713  other situations.
  714         (c) Medical evaluation related to abuse, abandonment, or
  715  neglect, as defined by policy or rule of the Department of
  716  Health.
  717         (d) Such psychological and psychiatric diagnosis and
  718  evaluation services for the child or the child’s parent or
  719  parents, legal custodian or custodians, or other caregivers, or
  720  any other individual involved in a child abuse, abandonment, or
  721  neglect case, as the team may determine to be needed.
  722         (e) Expert medical, psychological, and related professional
  723  testimony in court cases.
  724         (f) Case staffings to develop treatment plans for children
  725  whose cases have been referred to the team. A Child Protection
  726  Team child protection team may provide consultation with respect
  727  to a child who is alleged or is shown to be abused, abandoned,
  728  or neglected, which consultation shall be provided at the
  729  request of a representative of the family safety and
  730  preservation program or at the request of any other professional
  731  involved with a child or the child’s parent or parents, legal
  732  custodian or custodians, or other caregivers. In every such
  733  Child Protection Team child protection team case staffing,
  734  consultation, or staff activity involving a child, a family
  735  safety and preservation program representative shall attend and
  736  participate.
  737         (g) Case service coordination and assistance, including the
  738  location of services available from other public and private
  739  agencies in the community.
  740         (h) Such training services for program and other employees
  741  of the Department of Children and Families, employees of the
  742  Department of Health, and other medical professionals as is
  743  deemed appropriate to enable them to develop and maintain their
  744  professional skills and abilities in handling child abuse,
  745  abandonment, and neglect cases.
  746         (i) Educational and community awareness campaigns on child
  747  abuse, abandonment, and neglect in an effort to enable citizens
  748  more successfully to prevent, identify, and treat child abuse,
  749  abandonment, and neglect in the community.
  750         (j) Child Protection Team protection team assessments that
  751  include, as appropriate, medical evaluations, medical
  752  consultations, family psychosocial interviews, specialized
  753  clinical interviews, or forensic interviews.
  754  
  755  A Child Protection Team child protection team that is evaluating
  756  a report of medical neglect and assessing the health care needs
  757  of a medically complex child shall consult with a physician who
  758  has experience in treating children with the same condition.
  759         (4) The child abuse, abandonment, and neglect reports that
  760  must be referred by the department to Child Protection Teams
  761  child protection teams of the Department of Health for an
  762  assessment and other appropriate available support services as
  763  set forth in subsection (3) must include cases involving:
  764         (a) Injuries to the head, bruises to the neck or head,
  765  burns, or fractures in a child of any age.
  766         (b) Bruises anywhere on a child 5 years of age or under.
  767         (c) Any report alleging sexual abuse of a child.
  768         (d) Any sexually transmitted disease in a prepubescent
  769  child.
  770         (e) Reported malnutrition of a child and failure of a child
  771  to thrive.
  772         (f) Reported medical neglect of a child.
  773         (g) Any family in which one or more children have been
  774  pronounced dead on arrival at a hospital or other health care
  775  facility, or have been injured and later died, as a result of
  776  suspected abuse, abandonment, or neglect, when any sibling or
  777  other child remains in the home.
  778         (h) Symptoms of serious emotional problems in a child when
  779  emotional or other abuse, abandonment, or neglect is suspected.
  780         (5) All abuse and neglect cases transmitted for
  781  investigation to a circuit by the hotline must be simultaneously
  782  transmitted to the Child Protection Team child protection team
  783  for review. For the purpose of determining whether a face-to
  784  face medical evaluation by a Child Protection Team child
  785  protection team is necessary, all cases transmitted to the Child
  786  Protection Team child protection team which meet the criteria in
  787  subsection (4) must be timely reviewed by:
  788         (a) A physician licensed under chapter 458 or chapter 459
  789  who holds board certification in pediatrics and is a member of a
  790  Child Protection Team child protection team;
  791         (b) A physician licensed under chapter 458 or chapter 459
  792  who holds board certification in a specialty other than
  793  pediatrics, who may complete the review only when working under
  794  the direction of the Child Protection Team child protection team
  795  medical director or a physician licensed under chapter 458 or
  796  chapter 459 who holds board certification in pediatrics and is a
  797  member of a Child Protection Team child protection team;
  798         (c) An advanced practice registered nurse licensed under
  799  chapter 464 who has a specialty in pediatrics or family medicine
  800  and is a member of a Child Protection Team child protection
  801  team;
  802         (d) A physician assistant licensed under chapter 458 or
  803  chapter 459, who may complete the review only when working under
  804  the supervision of the Child Protection Team child protection
  805  team medical director or a physician licensed under chapter 458
  806  or chapter 459 who holds board certification in pediatrics and
  807  is a member of a Child Protection Team child protection team; or
  808         (e) A registered nurse licensed under chapter 464, who may
  809  complete the review only when working under the direct
  810  supervision of the Child Protection Team child protection team
  811  medical director or a physician licensed under chapter 458 or
  812  chapter 459 who holds board certification in pediatrics and is a
  813  member of a Child Protection Team child protection team.
  814         (6) A face-to-face medical evaluation by a Child Protection
  815  Team child protection team is not necessary when:
  816         (a) The child was examined for the alleged abuse or neglect
  817  by a physician who is not a member of the Child Protection Team
  818  child protection team, and a consultation between the Child
  819  Protection Team child protection team medical director or a
  820  Child Protection Team child protection team board-certified
  821  pediatrician, advanced practice registered nurse, physician
  822  assistant working under the supervision of a Child Protection
  823  Team child protection team medical director or a Child
  824  Protection Team child protection team board-certified
  825  pediatrician, or registered nurse working under the direct
  826  supervision of a Child Protection Team child protection team
  827  medical director or a Child Protection Team child protection
  828  team board-certified pediatrician, and the examining physician
  829  concludes that a further medical evaluation is unnecessary;
  830         (b) The child protective investigator, with supervisory
  831  approval, has determined, after conducting a child safety
  832  assessment, that there are no indications of injuries as
  833  described in paragraphs (4)(a)-(h) as reported; or
  834         (c) The Child Protection Team child protection team medical
  835  director or a Child Protection Team child protection team board
  836  certified pediatrician, as authorized in subsection (5),
  837  determines that a medical evaluation is not required.
  838  
  839  Notwithstanding paragraphs (a), (b), and (c), a Child Protection
  840  Team child protection team medical director or a Child
  841  Protection Team child protection team pediatrician, as
  842  authorized in subsection (5), may determine that a face-to-face
  843  medical evaluation is necessary.
  844         (7) In all instances in which a Child Protection Team child
  845  protection team is providing certain services to abused,
  846  abandoned, or neglected children, other offices and units of the
  847  Department of Health, and offices and units of the Department of
  848  Children and Families, shall avoid duplicating the provision of
  849  those services.
  850         (8) The Department of Health Child Protection Team child
  851  protection team quality assurance program and the Family Safety
  852  Program Office of the Department of Children and Families shall
  853  collaborate to ensure referrals and responses to child abuse,
  854  abandonment, and neglect reports are appropriate. Each quality
  855  assurance program shall include a review of records in which
  856  there are no findings of abuse, abandonment, or neglect, and the
  857  findings of these reviews shall be included in each department’s
  858  quality assurance reports.
  859         (10) The Children’s Medical Services program in the
  860  Department of Health shall develop, maintain, and coordinate the
  861  services of one or more sexual abuse treatment programs.
  862         (c) The sexual abuse treatment programs and Child
  863  Protection Teams child protection teams must provide referrals
  864  for victims of child sexual abuse and their families, as
  865  appropriate.
  866         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  867         of Florida, which directed the Division of Law Revision and
  868         Information to prepare a reviser’s bill “to capitalize each
  869         word of the term ‘child protection team’ wherever it occurs
  870         in the Florida Statutes.”
  871         Section 18. Section 39.3031, Florida Statutes, is amended
  872  to read:
  873         39.3031 Rules for implementation of s. 39.303.—The
  874  Department of Health, in consultation with the Department of
  875  Children and Families, shall adopt rules governing the Child
  876  Protection Teams child protection teams and sexual abuse
  877  treatment programs pursuant to s. 39.303, including definitions,
  878  organization, roles and responsibilities, eligibility, services
  879  and their availability, qualifications of staff, and a waiver
  880  request process.
  881         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  882         of Florida, which directed the Division of Law Revision and
  883         Information to prepare a reviser’s bill “to capitalize each
  884         word of the term ‘child protection team’ wherever it occurs
  885         in the Florida Statutes.”
  886         Section 19. Paragraphs (b) and (e) of subsection (1) of
  887  section 39.3035, Florida Statutes, are amended to read:
  888         39.3035 Child advocacy centers; standards; state funding.—
  889         (1) In order to become eligible for a full membership in
  890  the Florida Network of Children’s Advocacy Centers, Inc., a
  891  child advocacy center in this state shall:
  892         (b) Be a Child Protection Team child protection team, or by
  893  written agreement incorporate the participation and services of
  894  a Child Protection Team child protection team, with established
  895  community protocols which meet all of the requirements of the
  896  National Network of Children’s Advocacy Centers, Inc.
  897         (e) Have a multidisciplinary case review team that meets on
  898  a regularly scheduled basis or as the caseload of the community
  899  requires. The team shall consist of representatives from the
  900  Office of the State Attorney, the department, the Child
  901  Protection Team child protection team, mental health services,
  902  law enforcement, and the child advocacy center staff. Medical
  903  personnel and a victim’s advocate may be part of the team.
  904         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  905         of Florida, which directed the Division of Law Revision and
  906         Information to prepare a reviser’s bill “to capitalize each
  907         word of the term ‘child protection team’ wherever it occurs
  908         in the Florida Statutes.”
  909         Section 20. Paragraph (a) of subsection (1) and subsection
  910  (3) of section 39.304, Florida Statutes, are amended to read:
  911         39.304 Photographs, medical examinations, X rays, and
  912  medical treatment of abused, abandoned, or neglected child.—
  913         (1)(a) Any person required to investigate cases of
  914  suspected child abuse, abandonment, or neglect may take or cause
  915  to be taken photographs of the areas of trauma visible on a
  916  child who is the subject of a report. Any Child Protection Team
  917  child protection team that examines a child who is the subject
  918  of a report must take, or cause to be taken, photographs of any
  919  areas of trauma visible on the child. Photographs of physical
  920  abuse injuries, or duplicates thereof, shall be provided to the
  921  department for inclusion in the investigative file and shall
  922  become part of that file. Photographs of sexual abuse trauma
  923  shall be made part of the Child Protection Team child protection
  924  team medical record.
  925         (3) Any facility licensed under chapter 395 shall provide
  926  to the department, its agent, or a Child Protection Team child
  927  protection team that contracts with the department any
  928  photograph or report on examinations made or X rays taken
  929  pursuant to this section, or copies thereof, for the purpose of
  930  investigation or assessment of cases of abuse, abandonment,
  931  neglect, or exploitation of children.
  932         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  933         of Florida, which directed the Division of Law Revision and
  934         Information to prepare a reviser’s bill “to capitalize each
  935         word of the term ‘child protection team’ wherever it occurs
  936         in the Florida Statutes.”
  937         Section 21. Subsections (2) and (3) of section 39.3068,
  938  Florida Statutes, are amended to read:
  939         39.3068 Reports of medical neglect.—
  940         (2) The child protective investigator who has interacted
  941  with the child and the child’s family shall promptly contact and
  942  provide information to the Child Protection Team child
  943  protection team. The Child Protection Team child protection team
  944  shall assist the child protective investigator in identifying
  945  immediate responses to address the medical needs of the child
  946  with the priority of maintaining the child in the home if the
  947  parents will be able to meet the needs of the child with
  948  additional services. The child protective investigator and the
  949  Child Protection Team child protection team must use a family
  950  centered approach to assess the capacity of the family to meet
  951  those needs. A family-centered approach is intended to increase
  952  independence on the part of the family, accessibility to
  953  programs and services within the community, and collaboration
  954  between families and their service providers. The ethnic,
  955  cultural, economic, racial, social, and religious diversity of
  956  families must be respected and considered in the development and
  957  provision of services.
  958         (3) The child shall be evaluated by the Child Protection
  959  Team child protection team as soon as practicable. If the Child
  960  Protection Team child protection team reports that medical
  961  neglect is substantiated, the department shall convene a case
  962  staffing which shall be attended, at a minimum, by the child
  963  protective investigator; department legal staff; and
  964  representatives from the Child Protection Team child protection
  965  team that evaluated the child, Children’s Medical Services, the
  966  Agency for Health Care Administration, the community-based care
  967  lead agency, and any providers of services to the child.
  968  However, the Agency for Health Care Administration is not
  969  required to attend the staffing if the child is not Medicaid
  970  eligible. The staffing shall consider, at a minimum, available
  971  services, given the family’s eligibility for services; services
  972  that are effective in addressing conditions leading to medical
  973  neglect allegations; and services that would enable the child to
  974  safely remain at home. Any services that are available and
  975  effective shall be provided.
  976         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
  977         of Florida, which directed the Division of Law Revision and
  978         Information to prepare a reviser’s bill “to capitalize each
  979         word of the term ‘child protection team’ wherever it occurs
  980         in the Florida Statutes.”
  981         Section 22. Paragraphs (c) and (e) of subsection (2) of
  982  section 39.307, Florida Statutes, are amended to read:
  983         39.307 Reports of child-on-child sexual abuse.—
  984         (2) The department, contracted sheriff’s office providing
  985  protective investigation services, or contracted case management
  986  personnel responsible for providing services, at a minimum,
  987  shall adhere to the following procedures:
  988         (c) The assessment of risk and the perceived treatment
  989  needs of the alleged abuser or child who has exhibited
  990  inappropriate sexual behavior, the victim, and respective
  991  caregivers shall be conducted by the district staff, the Child
  992  Protection Team child protection team of the Department of
  993  Health, and other providers under contract with the department
  994  to provide services to the caregiver of the alleged offender,
  995  the victim, and the victim’s caregiver.
  996         (e) If necessary, the Child Protection Team child
  997  protection team of the Department of Health shall conduct a
  998  physical examination of the victim, which is sufficient to meet
  999  forensic requirements.
 1000         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 1001         of Florida, which directed the Division of Law Revision and
 1002         Information to prepare a reviser’s bill “to capitalize each
 1003         word of the term ‘child protection team’ wherever it occurs
 1004         in the Florida Statutes.”
 1005         Section 23. Subsection (1) of section 39.5086, Florida
 1006  Statutes, is amended to read:
 1007         39.5086 Kinship navigator programs.—
 1008         (1) DEFINITIONS.—As used in this section, the term:
 1009         (a) “Fictive kin” has the same meaning as provided in s.
 1010  39.4015(2)(d).
 1011         (b) “Kinship care” means the full-time care of a child
 1012  placed in out-of-home care by the court in the home of a
 1013  relative or fictive kin.
 1014         (c) “Kinship navigator program” means a program designed to
 1015  ensure that kinship caregivers are provided with necessary
 1016  resources for the preservation of the family.
 1017         (d) “Relative” means an individual who is caring full time
 1018  for a child placed in out-of-home care by the court and who:
 1019         1. Is related to the child within the fifth degree by blood
 1020  or marriage to the parent or stepparent of the child; or
 1021         2. Is related to a half-sibling of that child within the
 1022  fifth degree by blood or marriage to the parent or stepparent.
 1023         Reviser’s note.—Amended to confirm the editorial insertion of
 1024         the word “in” to improve clarity.
 1025         Section 24. Paragraph (k) of subsection (2) of section
 1026  39.521, Florida Statutes, is amended to read:
 1027         39.521 Disposition hearings; powers of disposition.—
 1028         (2) The family functioning assessment must provide the
 1029  court with the following documented information:
 1030         (k) The complete report and recommendation of the Child
 1031  Protection Team child protection team of the Department of
 1032  Health or, if no report exists, a statement reflecting that no
 1033  report has been made.
 1034  
 1035  Any other relevant and material evidence, including other
 1036  written or oral reports, may be received by the court in its
 1037  effort to determine the action to be taken with regard to the
 1038  child and may be relied upon to the extent of its probative
 1039  value, even though not competent in an adjudicatory hearing.
 1040  Except as otherwise specifically provided, nothing in this
 1041  section prohibits the publication of proceedings in a hearing.
 1042         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 1043         of Florida, which directed the Division of Law Revision and
 1044         Information to prepare a reviser’s bill “to capitalize each
 1045         word of the term ‘child protection team’ wherever it occurs
 1046         in the Florida Statutes.”
 1047         Section 25. Subsection (1) of section 105.036, Florida
 1048  Statutes, is amended to read:
 1049         105.036 Initiative for method of selection for circuit or
 1050  county court judges; procedures for placement on ballot.—
 1051         (1) Subsequent to the general election in the year 2000, A
 1052  local option for merit selection and retention or the election
 1053  of circuit or county court judges may be placed on the ballot
 1054  for the general election occurring in excess of 90 days from the
 1055  certification of ballot position by the Secretary of State for
 1056  circuit court judges or the county supervisor of elections for
 1057  county court judges. The ballot shall provide for a vote on the
 1058  method for selection of judges not currently used for filling
 1059  judicial offices in the county or circuit.
 1060         Reviser’s note.—Amended to delete obsolete language.
 1061         Section 26. Paragraph (d) of subsection (4) of section
 1062  119.071, Florida Statutes, is amended to read:
 1063         119.071 General exemptions from inspection or copying of
 1064  public records.—
 1065         (4) AGENCY PERSONNEL INFORMATION.—
 1066         (d)1. For purposes of this paragraph, the term “telephone
 1067  numbers” includes home telephone numbers, personal cellular
 1068  telephone numbers, personal pager telephone numbers, and
 1069  telephone numbers associated with personal communications
 1070  devices.
 1071         2.a. The home addresses, telephone numbers, dates of birth,
 1072  and photographs of active or former sworn or civilian law
 1073  enforcement personnel, including correctional and correctional
 1074  probation officers, personnel of the Department of Children and
 1075  Families whose duties include the investigation of abuse,
 1076  neglect, exploitation, fraud, theft, or other criminal
 1077  activities, personnel of the Department of Health whose duties
 1078  are to support the investigation of child abuse or neglect, and
 1079  personnel of the Department of Revenue or local governments
 1080  whose responsibilities include revenue collection and
 1081  enforcement or child support enforcement; the names, home
 1082  addresses, telephone numbers, photographs, dates of birth, and
 1083  places of employment of the spouses and children of such
 1084  personnel; and the names and locations of schools and day care
 1085  facilities attended by the children of such personnel are exempt
 1086  from s. 119.07(1) and s. 24(a), Art. I of the State
 1087  Constitution. This sub-subparagraph is subject to the Open
 1088  Government Sunset Review Act in accordance with s. 119.15 and
 1089  shall stand repealed on October 2, 2022, unless reviewed and
 1090  saved from repeal through reenactment by the Legislature.
 1091         b. The home addresses, telephone numbers, dates of birth,
 1092  and photographs of current or former nonsworn investigative
 1093  personnel of the Department of Financial Services whose duties
 1094  include the investigation of fraud, theft, workers’ compensation
 1095  coverage requirements and compliance, other related criminal
 1096  activities, or state regulatory requirement violations; the
 1097  names, home addresses, telephone numbers, dates of birth, and
 1098  places of employment of the spouses and children of such
 1099  personnel; and the names and locations of schools and day care
 1100  facilities attended by the children of such personnel are exempt
 1101  from s. 119.07(1) and s. 24(a), Art. I of the State
 1102  Constitution. This sub-subparagraph is subject to the Open
 1103  Government Sunset Review Act in accordance with s. 119.15 and
 1104  shall stand repealed on October 2, 2021, unless reviewed and
 1105  saved from repeal through reenactment by the Legislature.
 1106         c. The home addresses, telephone numbers, dates of birth,
 1107  and photographs of current or former nonsworn investigative
 1108  personnel of the Office of Financial Regulation’s Bureau of
 1109  Financial Investigations whose duties include the investigation
 1110  of fraud, theft, other related criminal activities, or state
 1111  regulatory requirement violations; the names, home addresses,
 1112  telephone numbers, dates of birth, and places of employment of
 1113  the spouses and children of such personnel; and the names and
 1114  locations of schools and day care facilities attended by the
 1115  children of such personnel are exempt from s. 119.07(1) and s.
 1116  24(a), Art. I of the State Constitution. This sub-subparagraph
 1117  is subject to the Open Government Sunset Review Act in
 1118  accordance with s. 119.15 and shall stand repealed on October 2,
 1119  2022, unless reviewed and saved from repeal through reenactment
 1120  by the Legislature.
 1121         d. The home addresses, telephone numbers, dates of birth,
 1122  and photographs of current or former firefighters certified in
 1123  compliance with s. 633.408; the names, home addresses, telephone
 1124  numbers, photographs, dates of birth, and places of employment
 1125  of the spouses and children of such firefighters; and the names
 1126  and locations of schools and day care facilities attended by the
 1127  children of such firefighters are exempt from s. 119.07(1) and
 1128  s. 24(a), Art. I of the State Constitution. This sub
 1129  subparagraph is subject to the Open Government Sunset Review Act
 1130  in accordance with s. 119.15, and shall stand repealed on
 1131  October 2, 2022, unless reviewed and saved from repeal through
 1132  reenactment by the Legislature.
 1133         e. The home addresses, dates of birth, and telephone
 1134  numbers of current or former justices of the Supreme Court,
 1135  district court of appeal judges, circuit court judges, and
 1136  county court judges; the names, home addresses, telephone
 1137  numbers, dates of birth, and places of employment of the spouses
 1138  and children of current or former justices and judges; and the
 1139  names and locations of schools and day care facilities attended
 1140  by the children of current or former justices and judges are
 1141  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1142  Constitution. This sub-subparagraph is subject to the Open
 1143  Government Sunset Review Act in accordance with s. 119.15 and
 1144  shall stand repealed on October 2, 2022, unless reviewed and
 1145  saved from repeal through reenactment by the Legislature.
 1146         f. The home addresses, telephone numbers, dates of birth,
 1147  and photographs of current or former state attorneys, assistant
 1148  state attorneys, statewide prosecutors, or assistant statewide
 1149  prosecutors; the names, home addresses, telephone numbers,
 1150  photographs, dates of birth, and places of employment of the
 1151  spouses and children of current or former state attorneys,
 1152  assistant state attorneys, statewide prosecutors, or assistant
 1153  statewide prosecutors; and the names and locations of schools
 1154  and day care facilities attended by the children of current or
 1155  former state attorneys, assistant state attorneys, statewide
 1156  prosecutors, or assistant statewide prosecutors are exempt from
 1157  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 1158         g. The home addresses, dates of birth, and telephone
 1159  numbers of general magistrates, special magistrates, judges of
 1160  compensation claims, administrative law judges of the Division
 1161  of Administrative Hearings, and child support enforcement
 1162  hearing officers; the names, home addresses, telephone numbers,
 1163  dates of birth, and places of employment of the spouses and
 1164  children of general magistrates, special magistrates, judges of
 1165  compensation claims, administrative law judges of the Division
 1166  of Administrative Hearings, and child support enforcement
 1167  hearing officers; and the names and locations of schools and day
 1168  care facilities attended by the children of general magistrates,
 1169  special magistrates, judges of compensation claims,
 1170  administrative law judges of the Division of Administrative
 1171  Hearings, and child support enforcement hearing officers are
 1172  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1173  Constitution. This sub-subparagraph is subject to the Open
 1174  Government Sunset Review Act in accordance with s. 119.15 and
 1175  shall stand repealed on October 2, 2022, unless reviewed and
 1176  saved from repeal through reenactment by the Legislature.
 1177         h. The home addresses, telephone numbers, dates of birth,
 1178  and photographs of current or former human resource, labor
 1179  relations, or employee relations directors, assistant directors,
 1180  managers, or assistant managers of any local government agency
 1181  or water management district whose duties include hiring and
 1182  firing employees, labor contract negotiation, administration, or
 1183  other personnel-related duties; the names, home addresses,
 1184  telephone numbers, dates of birth, and places of employment of
 1185  the spouses and children of such personnel; and the names and
 1186  locations of schools and day care facilities attended by the
 1187  children of such personnel are exempt from s. 119.07(1) and s.
 1188  24(a), Art. I of the State Constitution.
 1189         i. The home addresses, telephone numbers, dates of birth,
 1190  and photographs of current or former code enforcement officers;
 1191  the names, home addresses, telephone numbers, dates of birth,
 1192  and places of employment of the spouses and children of such
 1193  personnel; and the names and locations of schools and day care
 1194  facilities attended by the children of such personnel are exempt
 1195  from s. 119.07(1) and s. 24(a), Art. I of the State
 1196  Constitution.
 1197         j. The home addresses, telephone numbers, places of
 1198  employment, dates of birth, and photographs of current or former
 1199  guardians ad litem, as defined in s. 39.820; the names, home
 1200  addresses, telephone numbers, dates of birth, and places of
 1201  employment of the spouses and children of such persons; and the
 1202  names and locations of schools and day care facilities attended
 1203  by the children of such persons are exempt from s. 119.07(1) and
 1204  s. 24(a), Art. I of the State Constitution. This sub
 1205  subparagraph is subject to the Open Government Sunset Review Act
 1206  in accordance with s. 119.15 and shall stand repealed on October
 1207  2, 2022, unless reviewed and saved from repeal through
 1208  reenactment by the Legislature.
 1209         k. The home addresses, telephone numbers, dates of birth,
 1210  and photographs of current or former juvenile probation
 1211  officers, juvenile probation supervisors, detention
 1212  superintendents, assistant detention superintendents, juvenile
 1213  justice detention officers I and II, juvenile justice detention
 1214  officer supervisors, juvenile justice residential officers,
 1215  juvenile justice residential officer supervisors I and II,
 1216  juvenile justice counselors, juvenile justice counselor
 1217  supervisors, human services counselor administrators, senior
 1218  human services counselor administrators, rehabilitation
 1219  therapists, and social services counselors of the Department of
 1220  Juvenile Justice; the names, home addresses, telephone numbers,
 1221  dates of birth, and places of employment of spouses and children
 1222  of such personnel; and the names and locations of schools and
 1223  day care facilities attended by the children of such personnel
 1224  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1225  Constitution.
 1226         l. The home addresses, telephone numbers, dates of birth,
 1227  and photographs of current or former public defenders, assistant
 1228  public defenders, criminal conflict and civil regional counsel,
 1229  and assistant criminal conflict and civil regional counsel; the
 1230  names, home addresses, telephone numbers, dates of birth, and
 1231  places of employment of the spouses and children of current or
 1232  former public defenders, assistant public defenders, criminal
 1233  conflict and civil regional counsel, and assistant criminal
 1234  conflict and civil regional counsel; and the names and locations
 1235  of schools and day care facilities attended by the children of
 1236  current or former public defenders, assistant public defenders,
 1237  criminal conflict and civil regional counsel, and assistant
 1238  criminal conflict and civil regional counsel are exempt from s.
 1239  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1240         m. The home addresses, telephone numbers, dates of birth,
 1241  and photographs of current or former investigators or inspectors
 1242  of the Department of Business and Professional Regulation; the
 1243  names, home addresses, telephone numbers, dates of birth, and
 1244  places of employment of the spouses and children of such current
 1245  or former investigators and inspectors; and the names and
 1246  locations of schools and day care facilities attended by the
 1247  children of such current or former investigators and inspectors
 1248  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1249  Constitution. This sub-subparagraph is subject to the Open
 1250  Government Sunset Review Act in accordance with s. 119.15 and
 1251  shall stand repealed on October 2, 2022, unless reviewed and
 1252  saved from repeal through reenactment by the Legislature.
 1253         n. The home addresses, telephone numbers, and dates of
 1254  birth of county tax collectors; the names, home addresses,
 1255  telephone numbers, dates of birth, and places of employment of
 1256  the spouses and children of such tax collectors; and the names
 1257  and locations of schools and day care facilities attended by the
 1258  children of such tax collectors are exempt from s. 119.07(1) and
 1259  s. 24(a), Art. I of the State Constitution. This sub
 1260  subparagraph is subject to the Open Government Sunset Review Act
 1261  in accordance with s. 119.15 and shall stand repealed on October
 1262  2, 2022, unless reviewed and saved from repeal through
 1263  reenactment by the Legislature.
 1264         o. The home addresses, telephone numbers, dates of birth,
 1265  and photographs of current or former personnel of the Department
 1266  of Health whose duties include, or result in, the determination
 1267  or adjudication of eligibility for social security disability
 1268  benefits, the investigation or prosecution of complaints filed
 1269  against health care practitioners, or the inspection of health
 1270  care practitioners or health care facilities licensed by the
 1271  Department of Health; the names, home addresses, telephone
 1272  numbers, dates of birth, and places of employment of the spouses
 1273  and children of such personnel; and the names and locations of
 1274  schools and day care facilities attended by the children of such
 1275  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 1276  the State Constitution. This sub-subparagraph is subject to the
 1277  Open Government Sunset Review Act in accordance with s. 119.15
 1278  and shall stand repealed on October 2, 2019, unless reviewed and
 1279  saved from repeal through reenactment by the Legislature.
 1280         p. The home addresses, telephone numbers, dates of birth,
 1281  and photographs of current or former impaired practitioner
 1282  consultants who are retained by an agency or current or former
 1283  employees of an impaired practitioner consultant whose duties
 1284  result in a determination of a person’s skill and safety to
 1285  practice a licensed profession; the names, home addresses,
 1286  telephone numbers, dates of birth, and places of employment of
 1287  the spouses and children of such consultants or their employees;
 1288  and the names and locations of schools and day care facilities
 1289  attended by the children of such consultants or employees are
 1290  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1291  Constitution. This sub-subparagraph is subject to the Open
 1292  Government Sunset Review Act in accordance with s. 119.15 and
 1293  shall stand repealed on October 2, 2020, unless reviewed and
 1294  saved from repeal through reenactment by the Legislature.
 1295         q. The home addresses, telephone numbers, dates of birth,
 1296  and photographs of current or former emergency medical
 1297  technicians or paramedics certified under chapter 401; the
 1298  names, home addresses, telephone numbers, dates of birth, and
 1299  places of employment of the spouses and children of such
 1300  emergency medical technicians or paramedics; and the names and
 1301  locations of schools and day care facilities attended by the
 1302  children of such emergency medical technicians or paramedics are
 1303  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1304  Constitution. This sub-subparagraph is subject to the Open
 1305  Government Sunset Review Act in accordance with s. 119.15 and
 1306  shall stand repealed on October 2, 2021, unless reviewed and
 1307  saved from repeal through reenactment by the Legislature.
 1308         r. The home addresses, telephone numbers, dates of birth,
 1309  and photographs of current or former personnel employed in an
 1310  agency’s office of inspector general or internal audit
 1311  department whose duties include auditing or investigating waste,
 1312  fraud, abuse, theft, exploitation, or other activities that
 1313  could lead to criminal prosecution or administrative discipline;
 1314  the names, home addresses, telephone numbers, dates of birth,
 1315  and places of employment of spouses and children of such
 1316  personnel; and the names and locations of schools and day care
 1317  facilities attended by the children of such personnel are exempt
 1318  from s. 119.07(1) and s. 24(a), Art. I of the State
 1319  Constitution. This sub-subparagraph is subject to the Open
 1320  Government Sunset Review Act in accordance with s. 119.15 and
 1321  shall stand repealed on October 2, 2021, unless reviewed and
 1322  saved from repeal through reenactment by the Legislature.
 1323         s. The home addresses, telephone numbers, dates of birth,
 1324  and photographs of current or former directors, managers,
 1325  supervisors, nurses, and clinical employees of an addiction
 1326  treatment facility; the home addresses, telephone numbers,
 1327  photographs, dates of birth, and places of employment of the
 1328  spouses and children of such personnel; and the names and
 1329  locations of schools and day care facilities attended by the
 1330  children of such personnel are exempt from s. 119.07(1) and s.
 1331  24(a), Art. I of the State Constitution. For purposes of this
 1332  sub-subparagraph, the term “addiction treatment facility” means
 1333  a county government, or agency thereof, that is licensed
 1334  pursuant to s. 397.401 and provides substance abuse prevention,
 1335  intervention, or clinical treatment, including any licensed
 1336  service component described in s. 397.311(26). This sub
 1337  subparagraph is subject to the Open Government Sunset Review Act
 1338  in accordance with s. 119.15 and shall stand repealed on October
 1339  2, 2023, unless reviewed and saved from repeal through
 1340  reenactment by the Legislature.
 1341         t. The home addresses, telephone numbers, dates of birth,
 1342  and photographs of current or former directors, managers,
 1343  supervisors, and clinical employees of a child advocacy center
 1344  that meets the standards of s. 39.3035(1) and fulfills the
 1345  screening requirement of s. 39.3035(2), and the members of a
 1346  Child Protection Team child protection team as described in s.
 1347  39.303 whose duties include supporting the investigation of
 1348  child abuse or sexual abuse, child abandonment, child neglect,
 1349  and child exploitation or to provide services as part of a
 1350  multidisciplinary case review team; the names, home addresses,
 1351  telephone numbers, photographs, dates of birth, and places of
 1352  employment of the spouses and children of such personnel and
 1353  members; and the names and locations of schools and day care
 1354  facilities attended by the children of such personnel and
 1355  members are exempt from s. 119.07(1) and s. 24(a), Art. I of the
 1356  State Constitution. This sub-subparagraph is subject to the Open
 1357  Government Sunset Review Act in accordance with s. 119.15 and
 1358  shall stand repealed on October 2, 2023, unless reviewed and
 1359  saved from repeal through reenactment by the Legislature.
 1360         3. An agency that is the custodian of the information
 1361  specified in subparagraph 2. and that is not the employer of the
 1362  officer, employee, justice, judge, or other person specified in
 1363  subparagraph 2. shall maintain the exempt status of that
 1364  information only if the officer, employee, justice, judge, other
 1365  person, or employing agency of the designated employee submits a
 1366  written request for maintenance of the exemption to the
 1367  custodial agency.
 1368         4. The exemptions in this paragraph apply to information
 1369  held by an agency before, on, or after the effective date of the
 1370  exemption.
 1371         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 1372         of Florida, which directed the Division of Law Revision and
 1373         Information to prepare a reviser’s bill “to capitalize each
 1374         word of the term ‘child protection team’ wherever it occurs
 1375         in the Florida Statutes.”
 1376         Section 27. Subsection (5) of section 121.71, Florida
 1377  Statutes, is amended to read:
 1378         121.71 Uniform rates; process; calculations; levy.—
 1379         (5) In order to address unfunded actuarial liabilities of
 1380  the system, the required employer retirement contribution rates
 1381  for each membership class and subclass of the Florida Retirement
 1382  System for both retirement plans are as follows:
 1383  
 1384  Membership Class            Percentage ofGrossCompensation,EffectiveJuly 1, 2018
 1385  
 1386  Regular Class                                3.50%                 
 1387  Special Risk Class                          10.60%                 
 1388  Special Risk Administrative Support Class                29.62%                 
 1389  Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders             48.38% 43.38%             
 1390  Elected Officers’ Class— Justices, Judges                27.05%                 
 1391  Elected Officers’ Class— County Elected Officers                38.48%                 
 1392  Senior Management Service Class                17.89%                 
 1393  DROP                                         7.96%                 
 1394         Reviser’s note.—Amended to correct an editorial error to s. 1,
 1395         ch. 2018-12, Laws of Florida, which amended s. 121.71. The
 1396         enrolled act which became ch. 2018-12 provided a rate of
 1397         48.38%, not 43.38%.
 1398         Section 28. Subsection (2) of section 154.067, Florida
 1399  Statutes, is amended to read:
 1400         154.067 Child abuse and neglect cases; duties.—The
 1401  Department of Health shall adopt a rule requiring every county
 1402  health department, as described in s. 154.01, to adopt a
 1403  protocol that, at a minimum, requires the county health
 1404  department to:
 1405         (2) In any case involving suspected child abuse,
 1406  abandonment, or neglect, designate, at the request of the
 1407  department, a staff physician to act as a liaison between the
 1408  county health department and the Department of Children and
 1409  Families office that is investigating the suspected abuse,
 1410  abandonment, or neglect, and the Child Protection Team child
 1411  protection team, as defined in s. 39.01, when the case is
 1412  referred to such a team.
 1413         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 1414         of Florida, which directed the Division of Law Revision and
 1415         Information to prepare a reviser’s bill “to capitalize each
 1416         word of the term ‘child protection team’ wherever it occurs
 1417         in the Florida Statutes.”
 1418         Section 29. Subsection (1) of section 159.834, Florida
 1419  Statutes, is amended to read:
 1420         159.834 Allocation of state volume limitation.—
 1421         (1) By February 1, 2004, The board shall establish a
 1422  program for allocating the state volume limitation imposed by s.
 1423  142(k)(5)(A) of the code on private activity bonds to finance
 1424  qualified public educational facilities. Such program shall
 1425  include objective criteria to be considered in determining
 1426  whether to grant a request for such volume limitation,
 1427  including, but not limited to, the need for a qualified public
 1428  educational facility in the area proposed in the application,
 1429  the number of students to be served by such facility, and the
 1430  cost-effectiveness of the proposed facility. The program shall
 1431  be administered by the department.
 1432         Reviser’s note.—Amended to delete obsolete language.
 1433         Section 30. Section 163.3164, Florida Statutes, is
 1434  reenacted to read:
 1435         163.3164 Community Planning Act; definitions.—As used in
 1436  this act:
 1437         (1) “Adaptation action area” or “adaptation area” means a
 1438  designation in the coastal management element of a local
 1439  government’s comprehensive plan which identifies one or more
 1440  areas that experience coastal flooding due to extreme high tides
 1441  and storm surge, and that are vulnerable to the related impacts
 1442  of rising sea levels for the purpose of prioritizing funding for
 1443  infrastructure needs and adaptation planning.
 1444         (2) “Administration Commission” means the Governor and the
 1445  Cabinet, and for purposes of this chapter the commission shall
 1446  act on a simple majority vote, except that for purposes of
 1447  imposing the sanctions provided in s. 163.3184(8), affirmative
 1448  action shall require the approval of the Governor and at least
 1449  three other members of the commission.
 1450         (3) “Affordable housing” has the same meaning as in s.
 1451  420.0004(3).
 1452         (4) “Agricultural enclave” means an unincorporated,
 1453  undeveloped parcel that:
 1454         (a) Is owned by a single person or entity;
 1455         (b) Has been in continuous use for bona fide agricultural
 1456  purposes, as defined by s. 193.461, for a period of 5 years
 1457  prior to the date of any comprehensive plan amendment
 1458  application;
 1459         (c) Is surrounded on at least 75 percent of its perimeter
 1460  by:
 1461         1. Property that has existing industrial, commercial, or
 1462  residential development; or
 1463         2. Property that the local government has designated, in
 1464  the local government’s comprehensive plan, zoning map, and
 1465  future land use map, as land that is to be developed for
 1466  industrial, commercial, or residential purposes, and at least 75
 1467  percent of such property is existing industrial, commercial, or
 1468  residential development;
 1469         (d) Has public services, including water, wastewater,
 1470  transportation, schools, and recreation facilities, available or
 1471  such public services are scheduled in the capital improvement
 1472  element to be provided by the local government or can be
 1473  provided by an alternative provider of local government
 1474  infrastructure in order to ensure consistency with applicable
 1475  concurrency provisions of s. 163.3180; and
 1476         (e) Does not exceed 1,280 acres; however, if the property
 1477  is surrounded by existing or authorized residential development
 1478  that will result in a density at buildout of at least 1,000
 1479  residents per square mile, then the area shall be determined to
 1480  be urban and the parcel may not exceed 4,480 acres.
 1481         (5) “Antiquated subdivision” means a subdivision that was
 1482  recorded or approved more than 20 years ago and that has
 1483  substantially failed to be built and the continued buildout of
 1484  the subdivision in accordance with the subdivision’s zoning and
 1485  land use purposes would cause an imbalance of land uses and
 1486  would be detrimental to the local and regional economies and
 1487  environment, hinder current planning practices, and lead to
 1488  inefficient and fiscally irresponsible development patterns as
 1489  determined by the respective jurisdiction in which the
 1490  subdivision is located.
 1491         (6) “Area” or “area of jurisdiction” means the total area
 1492  qualifying under this act, whether this be all of the lands
 1493  lying within the limits of an incorporated municipality, lands
 1494  in and adjacent to incorporated municipalities, all
 1495  unincorporated lands within a county, or areas comprising
 1496  combinations of the lands in incorporated municipalities and
 1497  unincorporated areas of counties.
 1498         (7) “Capital improvement” means physical assets constructed
 1499  or purchased to provide, improve, or replace a public facility
 1500  and which are typically large scale and high in cost. The cost
 1501  of a capital improvement is generally nonrecurring and may
 1502  require multiyear financing. For the purposes of this part,
 1503  physical assets that have been identified as existing or
 1504  projected needs in the individual comprehensive plan elements
 1505  shall be considered capital improvements.
 1506         (8) “Coastal area” means the 35 coastal counties and all
 1507  coastal municipalities within their boundaries.
 1508         (9) “Compatibility” means a condition in which land uses or
 1509  conditions can coexist in relative proximity to each other in a
 1510  stable fashion over time such that no use or condition is unduly
 1511  negatively impacted directly or indirectly by another use or
 1512  condition.
 1513         (10) “Comprehensive plan” means a plan that meets the
 1514  requirements of ss. 163.3177 and 163.3178.
 1515         (11) “Deepwater ports” means the ports identified in s.
 1516  403.021(9).
 1517         (12) “Density” means an objective measurement of the number
 1518  of people or residential units allowed per unit of land, such as
 1519  residents or employees per acre.
 1520         (13) “Developer” means any person, including a governmental
 1521  agency, undertaking any development as defined in this act.
 1522         (14) “Development” has the same meaning as in s. 380.04.
 1523         (15) “Development order” means any order granting, denying,
 1524  or granting with conditions an application for a development
 1525  permit.
 1526         (16) “Development permit” includes any building permit,
 1527  zoning permit, subdivision approval, rezoning, certification,
 1528  special exception, variance, or any other official action of
 1529  local government having the effect of permitting the development
 1530  of land.
 1531         (17) “Downtown revitalization” means the physical and
 1532  economic renewal of a central business district of a community
 1533  as designated by local government, and includes both downtown
 1534  development and redevelopment.
 1535         (18) “Floodprone areas” means areas inundated during a 100
 1536  year flood event or areas identified by the National Flood
 1537  Insurance Program as an A Zone on flood insurance rate maps or
 1538  flood hazard boundary maps.
 1539         (19) “Goal” means the long-term end toward which programs
 1540  or activities are ultimately directed.
 1541         (20) “Governing body” means the board of county
 1542  commissioners of a county, the commission or council of an
 1543  incorporated municipality, or any other chief governing body of
 1544  a unit of local government, however designated, or the
 1545  combination of such bodies where joint utilization of this act
 1546  is accomplished as provided herein.
 1547         (21) “Governmental agency” means:
 1548         (a) The United States or any department, commission,
 1549  agency, or other instrumentality thereof.
 1550         (b) This state or any department, commission, agency, or
 1551  other instrumentality thereof.
 1552         (c) Any local government, as defined in this section, or
 1553  any department, commission, agency, or other instrumentality
 1554  thereof.
 1555         (d) Any school board or other special district, authority,
 1556  or governmental entity.
 1557         (22) “Intensity” means an objective measurement of the
 1558  extent to which land may be developed or used, including the
 1559  consumption or use of the space above, on, or below ground; the
 1560  measurement of the use of or demand on natural resources; and
 1561  the measurement of the use of or demand on facilities and
 1562  services.
 1563         (23) “Internal trip capture” means trips generated by a
 1564  mixed-use project that travel from one onsite land use to
 1565  another onsite land use without using the external road network.
 1566         (24) “Land” means the earth, water, and air, above, below,
 1567  or on the surface, and includes any improvements or structures
 1568  customarily regarded as land.
 1569         (25) “Land development regulation commission” means a
 1570  commission designated by a local government to develop and
 1571  recommend, to the local governing body, land development
 1572  regulations which implement the adopted comprehensive plan and
 1573  to review land development regulations, or amendments thereto,
 1574  for consistency with the adopted plan and report to the
 1575  governing body regarding its findings. The responsibilities of
 1576  the land development regulation commission may be performed by
 1577  the local planning agency.
 1578         (26) “Land development regulations” means ordinances
 1579  enacted by governing bodies for the regulation of any aspect of
 1580  development and includes any local government zoning, rezoning,
 1581  subdivision, building construction, or sign regulations or any
 1582  other regulations controlling the development of land, except
 1583  that this definition does not apply in s. 163.3213.
 1584         (27) “Land use” means the development that has occurred on
 1585  the land, the development that is proposed by a developer on the
 1586  land, or the use that is permitted or permissible on the land
 1587  under an adopted comprehensive plan or element or portion
 1588  thereof, land development regulations, or a land development
 1589  code, as the context may indicate.
 1590         (28) “Level of service” means an indicator of the extent or
 1591  degree of service provided by, or proposed to be provided by, a
 1592  facility based on and related to the operational characteristics
 1593  of the facility. Level of service shall indicate the capacity
 1594  per unit of demand for each public facility.
 1595         (29) “Local government” means any county or municipality.
 1596         (30) “Local planning agency” means the agency designated to
 1597  prepare the comprehensive plan or plan amendments required by
 1598  this act.
 1599         (31) “Master development plan” or “master plan,” for the
 1600  purposes of this act and 26 U.S.C. s. 118, means a planning
 1601  document that integrates plans, orders, agreements, designs, and
 1602  studies to guide development as defined in this section and may
 1603  include, as appropriate, authorized land uses, authorized
 1604  amounts of horizontal and vertical development, and public
 1605  facilities, including local and regional water storage for water
 1606  quality and water supply. The term includes, but is not limited
 1607  to, a plan for a development under this chapter or chapter 380,
 1608  a basin management action plan pursuant to s. 403.067(7), a
 1609  regional water supply plan pursuant to s. 373.709, a watershed
 1610  protection plan pursuant to s. 373.4595, and a spring protection
 1611  plan developed pursuant to s. 373.807.
 1612         (32) “Newspaper of general circulation” means a newspaper
 1613  published at least on a weekly basis and printed in the language
 1614  most commonly spoken in the area within which it circulates, but
 1615  does not include a newspaper intended primarily for members of a
 1616  particular professional or occupational group, a newspaper whose
 1617  primary function is to carry legal notices, or a newspaper that
 1618  is given away primarily to distribute advertising.
 1619         (33) “New town” means an urban activity center and
 1620  community designated on the future land use map of sufficient
 1621  size, population, and land use composition to support a variety
 1622  of economic and social activities consistent with an urban area
 1623  designation. New towns shall include basic economic activities;
 1624  all major land use categories, with the possible exception of
 1625  agricultural and industrial; and a centrally provided full range
 1626  of public facilities and services that demonstrate internal trip
 1627  capture. A new town shall be based on a master development plan.
 1628         (34) “Objective” means a specific, measurable, intermediate
 1629  end that is achievable and marks progress toward a goal.
 1630         (35) “Parcel of land” means any quantity of land capable of
 1631  being described with such definiteness that its locations and
 1632  boundaries may be established, which is designated by its owner
 1633  or developer as land to be used, or developed as, a unit or
 1634  which has been used or developed as a unit.
 1635         (36) “Person” means an individual, corporation,
 1636  governmental agency, business trust, estate, trust, partnership,
 1637  association, two or more persons having a joint or common
 1638  interest, or any other legal entity.
 1639         (37) “Policy” means the way in which programs and
 1640  activities are conducted to achieve an identified goal.
 1641         (38) “Projects that promote public transportation” means
 1642  projects that directly affect the provisions of public transit,
 1643  including transit terminals, transit lines and routes, separate
 1644  lanes for the exclusive use of public transit services, transit
 1645  stops (shelters and stations), office buildings or projects that
 1646  include fixed-rail or transit terminals as part of the building,
 1647  and projects which are transit oriented and designed to
 1648  complement reasonably proximate planned or existing public
 1649  facilities.
 1650         (39) “Public facilities” means major capital improvements,
 1651  including transportation, sanitary sewer, solid waste, drainage,
 1652  potable water, educational, parks and recreational facilities.
 1653         (40) “Public notice” means notice as required by s.
 1654  125.66(2) for a county or by s. 166.041(3)(a) for a
 1655  municipality. The public notice procedures required in this part
 1656  are established as minimum public notice procedures.
 1657         (41) “Regional planning agency” means the council created
 1658  pursuant to chapter 186.
 1659         (42) “Seasonal population” means part-time inhabitants who
 1660  use, or may be expected to use, public facilities or services,
 1661  but are not residents and includes tourists, migrant
 1662  farmworkers, and other short-term and long-term visitors.
 1663         (43) “Sector plan” means the process authorized by s.
 1664  163.3245 in which one or more local governments engage in long
 1665  term planning for a large area and address regional issues
 1666  through adoption of detailed specific area plans within the
 1667  planning area as a means of fostering innovative planning and
 1668  development strategies, furthering the purposes of this part and
 1669  part I of chapter 380, reducing overlapping data and analysis
 1670  requirements, protecting regionally significant resources and
 1671  facilities, and addressing extrajurisdictional impacts. The term
 1672  includes an optional sector plan that was adopted before June 2,
 1673  2011.
 1674         (44) “State land planning agency” means the Department of
 1675  Economic Opportunity.
 1676         (45) “Structure” has the same meaning as in s. 380.031(19).
 1677         (46) “Suitability” means the degree to which the existing
 1678  characteristics and limitations of land and water are compatible
 1679  with a proposed use or development.
 1680         (47) “Transit-oriented development” means a project or
 1681  projects, in areas identified in a local government
 1682  comprehensive plan, that is or will be served by existing or
 1683  planned transit service. These designated areas shall be
 1684  compact, moderate to high density developments, of mixed-use
 1685  character, interconnected with other land uses, bicycle and
 1686  pedestrian friendly, and designed to support frequent transit
 1687  service operating through, collectively or separately, rail,
 1688  fixed guideway, streetcar, or bus systems on dedicated
 1689  facilities or available roadway connections.
 1690         (48) “Transportation corridor management” means the
 1691  coordination of the planning of designated future transportation
 1692  corridors with land use planning within and adjacent to the
 1693  corridor to promote orderly growth, to meet the concurrency
 1694  requirements of this chapter, and to maintain the integrity of
 1695  the corridor for transportation purposes.
 1696         (49) “Urban infill” means the development of vacant parcels
 1697  in otherwise built-up areas where public facilities such as
 1698  sewer systems, roads, schools, and recreation areas are already
 1699  in place and the average residential density is at least five
 1700  dwelling units per acre, the average nonresidential intensity is
 1701  at least a floor area ratio of 1.0 and vacant, developable land
 1702  does not constitute more than 10 percent of the area.
 1703         (50) “Urban redevelopment” means demolition and
 1704  reconstruction or substantial renovation of existing buildings
 1705  or infrastructure within urban infill areas, existing urban
 1706  service areas, or community redevelopment areas created pursuant
 1707  to part III.
 1708         (51) “Urban service area” means areas identified in the
 1709  comprehensive plan where public facilities and services,
 1710  including, but not limited to, central water and sewer capacity
 1711  and roads, are already in place or are identified in the capital
 1712  improvements element. The term includes any areas identified in
 1713  the comprehensive plan as urban service areas, regardless of
 1714  local government limitation.
 1715         (52) “Urban sprawl” means a development pattern
 1716  characterized by low density, automobile-dependent development
 1717  with either a single use or multiple uses that are not
 1718  functionally related, requiring the extension of public
 1719  facilities and services in an inefficient manner, and failing to
 1720  provide a clear separation between urban and rural uses.
 1721         Reviser’s note.—Section 21, ch. 2018-158, Laws of Florida, added
 1722         a new subsection (31) to s. 163.3164 and redesignated
 1723         existing subsections (31)-(51) as subsections (32)-(52) to
 1724         conform to the addition of the new subsection, but did not
 1725         publish the section number, catchline, and introductory
 1726         paragraph of s. 163.3164. Absent affirmative evidence of
 1727         legislative intent to repeal the section number, catchline,
 1728         and introductory paragraph of the section, the section is
 1729         reenacted to confirm the omission was not intended.
 1730         Section 31. Paragraph (f) of subsection (6) of section
 1731  163.3177, Florida Statutes, is amended to read:
 1732         163.3177 Required and optional elements of comprehensive
 1733  plan; studies and surveys.—
 1734         (6) In addition to the requirements of subsections (1)-(5),
 1735  the comprehensive plan shall include the following elements:
 1736         (f)1. A housing element consisting of principles,
 1737  guidelines, standards, and strategies to be followed in:
 1738         a. The provision of housing for all current and anticipated
 1739  future residents of the jurisdiction.
 1740         b. The elimination of substandard dwelling conditions.
 1741         c. The structural and aesthetic improvement of existing
 1742  housing.
 1743         d. The provision of adequate sites for future housing,
 1744  including affordable workforce housing as defined in s.
 1745  380.0651(1)(h) 380.0651(3)(h), housing for low-income, very low
 1746  income, and moderate-income families, mobile homes, and group
 1747  home facilities and foster care facilities, with supporting
 1748  infrastructure and public facilities. The element may include
 1749  provisions that specifically address affordable housing for
 1750  persons 60 years of age or older. Real property that is conveyed
 1751  to a local government for affordable housing under this sub
 1752  subparagraph shall be disposed of by the local government
 1753  pursuant to s. 125.379 or s. 166.0451.
 1754         e. Provision for relocation housing and identification of
 1755  historically significant and other housing for purposes of
 1756  conservation, rehabilitation, or replacement.
 1757         f. The formulation of housing implementation programs.
 1758         g. The creation or preservation of affordable housing to
 1759  minimize the need for additional local services and avoid the
 1760  concentration of affordable housing units only in specific areas
 1761  of the jurisdiction.
 1762         2. The principles, guidelines, standards, and strategies of
 1763  the housing element must be based on data and analysis prepared
 1764  on housing needs, which shall include the number and
 1765  distribution of dwelling units by type, tenure, age, rent,
 1766  value, monthly cost of owner-occupied units, and rent or cost to
 1767  income ratio, and shall show the number of dwelling units that
 1768  are substandard. The data and analysis shall also include the
 1769  methodology used to estimate the condition of housing, a
 1770  projection of the anticipated number of households by size,
 1771  income range, and age of residents derived from the population
 1772  projections, and the minimum housing need of the current and
 1773  anticipated future residents of the jurisdiction.
 1774         3. The housing element must express principles, guidelines,
 1775  standards, and strategies that reflect, as needed, the creation
 1776  and preservation of affordable housing for all current and
 1777  anticipated future residents of the jurisdiction, elimination of
 1778  substandard housing conditions, adequate sites, and distribution
 1779  of housing for a range of incomes and types, including mobile
 1780  and manufactured homes. The element must provide for specific
 1781  programs and actions to partner with private and nonprofit
 1782  sectors to address housing needs in the jurisdiction, streamline
 1783  the permitting process, and minimize costs and delays for
 1784  affordable housing, establish standards to address the quality
 1785  of housing, stabilization of neighborhoods, and identification
 1786  and improvement of historically significant housing.
 1787         4. State and federal housing plans prepared on behalf of
 1788  the local government must be consistent with the goals,
 1789  objectives, and policies of the housing element. Local
 1790  governments are encouraged to use job training, job creation,
 1791  and economic solutions to address a portion of their affordable
 1792  housing concerns.
 1793         Reviser’s note.—Amended to conform to the redesignation of s.
 1794         380.0651(3)(h) as s. 380.0651(1)(h) by s. 3, ch. 2018-158,
 1795         Laws of Florida.
 1796         Section 32. Subsection (2) of section 193.4615, Florida
 1797  Statutes, is amended to read:
 1798         193.4615 Assessment of obsolete agricultural equipment.—
 1799         (2) This section shall take effect January 1, 2007.
 1800         Reviser’s note.—Amended to delete obsolete language.
 1801         Section 33. Subsection (3) of section 196.075, Florida
 1802  Statutes, is amended to read:
 1803         196.075 Additional homestead exemption for persons 65 and
 1804  older.—
 1805         (3) Beginning January 1, 2001, The $20,000 income
 1806  limitation shall be adjusted annually, on January 1, by the
 1807  percentage change in the average cost-of-living index in the
 1808  period January 1 through December 31 of the immediate prior year
 1809  compared with the same period for the year prior to that. The
 1810  index is the average of the monthly consumer-price-index figures
 1811  for the stated 12-month period, relative to the United States as
 1812  a whole, issued by the United States Department of Labor.
 1813         Reviser’s note.—Amended to delete obsolete language.
 1814         Section 34. Paragraph (b) of subsection (4) of section
 1815  196.1975, Florida Statutes, is amended to read:
 1816         196.1975 Exemption for property used by nonprofit homes for
 1817  the aged.—Nonprofit homes for the aged are exempt to the extent
 1818  that they meet the following criteria:
 1819         (4)
 1820         (b) The maximum income limitations permitted in this
 1821  subsection shall be adjusted, effective January 1, 1977, and on
 1822  each succeeding year, by the percentage change in the average
 1823  cost-of-living index in the period January 1 through December 31
 1824  of the immediate prior year compared with the same period for
 1825  the year prior to that. The index is the average of the monthly
 1826  consumer price index figures for the stated 12-month period,
 1827  relative to the United States as a whole, issued by the United
 1828  States Department of Labor.
 1829         Reviser’s note.—Amended to delete obsolete language.
 1830         Section 35. Section 210.03, Florida Statutes, is amended to
 1831  read:
 1832         210.03 Prohibition against levying of cigarette taxes by
 1833  municipalities.—No municipality shall, after July 1, 1972, levy
 1834  or collect any excise tax on cigarettes.
 1835         Reviser’s note.—Amended to delete obsolete language.
 1836         Section 36. Paragraph (a) of subsection (4) of section
 1837  216.136, Florida Statutes, is amended to read:
 1838         216.136 Consensus estimating conferences; duties and
 1839  principals.—
 1840         (4) EDUCATION ESTIMATING CONFERENCE.—
 1841         (a) The Education Estimating Conference shall develop such
 1842  official information relating to the state public and private
 1843  educational system, including forecasts of student enrollments,
 1844  the national average of tuition and fees at public postsecondary
 1845  educational institutions, the number of students qualified for
 1846  state financial aid programs and for the William L. Boyd, IV,
 1847  Effective Access to Student Education Florida Resident Access
 1848  Grant Program and the appropriation required to fund the full
 1849  award amounts for each program, fixed capital outlay needs, and
 1850  Florida Education Finance Program formula needs, as the
 1851  conference determines is needed for the state planning and
 1852  budgeting system. The conference’s initial projections of
 1853  enrollments in public schools shall be forwarded by the
 1854  conference to each school district no later than 2 months prior
 1855  to the start of the regular session of the Legislature. Each
 1856  school district may, in writing, request adjustments to the
 1857  initial projections. Any adjustment request shall be submitted
 1858  to the conference no later than 1 month prior to the start of
 1859  the regular session of the Legislature and shall be considered
 1860  by the principals of the conference. A school district may amend
 1861  its adjustment request, in writing, during the first 3 weeks of
 1862  the legislative session, and such amended adjustment request
 1863  shall be considered by the principals of the conference. For any
 1864  adjustment so requested, the district shall indicate and
 1865  explain, using definitions adopted by the conference, the
 1866  components of anticipated enrollment changes that correspond to
 1867  continuation of current programs with workload changes; program
 1868  improvement; program reduction or elimination; initiation of new
 1869  programs; and any other information that may be needed by the
 1870  Legislature. For public schools, the conference shall submit its
 1871  full-time equivalent student consensus estimate to the
 1872  Legislature no later than 1 month after the start of the regular
 1873  session of the Legislature. No conference estimate may be
 1874  changed without the agreement of the full conference.
 1875         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 1876         Florida, which directed the Division of Law Revision and
 1877         Information “to substitute the term ‘Effective Access to
 1878         Student Education Grant Program’ for ‘Florida Resident
 1879         Access Grant Program’ and the term ‘Effective Access to
 1880         Student Education grant’ for ‘Florida resident access
 1881         grant’ wherever those terms appear in the Florida
 1882         Statutes.”
 1883         Section 37. Subsection (1) of section 218.135, Florida
 1884  Statutes, is amended to read:
 1885         218.135 Offset for tax loss associated with reductions in
 1886  value of certain citrus fruit packing and processing equipment.—
 1887         (1) For the 2018-2019 fiscal year, the Legislature shall
 1888  appropriate moneys to offset the reductions in ad valorem tax
 1889  revenue experienced by fiscally constrained counties, as defined
 1890  in s. 218.67(1), which occur as a direct result of the
 1891  implementation of s. 193.4516. The moneys appropriated for this
 1892  purpose shall be distributed in January 2019 among the fiscally
 1893  constrained counties based on each county’s proportion of the
 1894  total reduction in ad valorem tax revenue resulting from the
 1895  implementation of s. 193.4516.
 1896         Reviser’s note.—Amended to confirm the editorial insertion of
 1897         the word “of” to improve clarity.
 1898         Section 38. Section 218.401, Florida Statutes, is amended
 1899  to read:
 1900         218.401 Purpose.—It is the intent of this part to promote,
 1901  through state assistance, the maximization of net interest
 1902  earnings on invested surplus funds of local units of government,
 1903  based on the principles principals of investor protection,
 1904  mandated transparency, and proper governance, with the goal of
 1905  reducing the need for imposing additional taxes.
 1906         Reviser’s note.—Amended to confirm the editorial substitution of
 1907         the word “principles” for the word “principals” to conform
 1908         to context.
 1909         Section 39. Subsection (1) of section 220.11, Florida
 1910  Statutes, is amended to read:
 1911         220.11 Tax imposed.—
 1912         (1) A tax measured by net income is hereby imposed on every
 1913  taxpayer for each taxable year commencing on or after January 1,
 1914  1972, and for each taxable year which begins before and ends
 1915  after January 1, 1972, for the privilege of conducting business,
 1916  earning or receiving income in this state, or being a resident
 1917  or citizen of this state. Such tax shall be in addition to all
 1918  other occupation, excise, privilege, and property taxes imposed
 1919  by this state or by any political subdivision thereof, including
 1920  any municipality or other district, jurisdiction, or authority
 1921  of this state.
 1922         Reviser’s note.—Amended to delete obsolete language.
 1923         Section 40. Subsection (10) of section 243.20, Florida
 1924  Statutes, is amended to read:
 1925         243.20 Definitions.—The following terms, wherever used or
 1926  referred to in this part shall have the following respective
 1927  meanings, unless a different meaning clearly appears from the
 1928  context:
 1929         (10) “Loan in anticipation of tuition revenues” means a
 1930  loan to a private institution for higher education under
 1931  circumstances in which tuition revenues anticipated to be
 1932  received by the institution in any budget year are estimated to
 1933  be insufficient at any time during the budget year to pay the
 1934  operating expenses or other obligations of the institution in
 1935  accordance with the budget of the institution. The loans are
 1936  permitted within guidelines adopted by the authority consistent
 1937  with the provisions for similar loans undertaken by school
 1938  districts under s. 1011.13, excluding provisions applicable to
 1939  the limitations on borrowings relating to the levy of taxes and
 1940  the adoption of budgets in accordance with law applicable solely
 1941  to school districts. The Effective Access to Student Education
 1942  Florida resident access grant shall not be considered tuition
 1943  revenues for the purpose of calculating a loan to a private
 1944  institution pursuant to the provision of this chapter.
 1945         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 1946         Florida, which directed the Division of Law Revision and
 1947         Information “to substitute the term ‘Effective Access to
 1948         Student Education Grant Program’ for ‘Florida Resident
 1949         Access Grant Program’ and the term ‘Effective Access to
 1950         Student Education grant’ for ‘Florida resident access
 1951         grant’ wherever those terms appear in the Florida
 1952         Statutes.”
 1953         Section 41. Paragraph (a) of subsection (7) of section
 1954  259.105, Florida Statutes, is amended to read:
 1955         259.105 The Florida Forever Act.—
 1956         (7)(a) Beginning No later than July 1 annually , 2001, and
 1957  every year thereafter, the Acquisition and Restoration Council
 1958  shall accept applications from state agencies, local
 1959  governments, nonprofit and for-profit organizations, private
 1960  land trusts, and individuals for project proposals eligible for
 1961  funding pursuant to paragraph (3)(b). The council shall evaluate
 1962  the proposals received pursuant to this subsection to ensure
 1963  that they meet at least one of the criteria under subsection
 1964  (9).
 1965         Reviser’s note.—Amended to delete obsolete language.
 1966         Section 42. Subsection (4) of section 282.705, Florida
 1967  Statutes, is amended to read:
 1968         282.705 Use of state SUNCOM Network by nonprofit
 1969  corporations.—
 1970         (4) Institutions qualified to participate in the William L.
 1971  Boyd, IV, Effective Access to Student Education Florida Resident
 1972  Access Grant Program pursuant to s. 1009.89 are eligible to use
 1973  the state SUNCOM Network, subject to the terms and conditions of
 1974  the department. Such entities are not required to satisfy the
 1975  other criteria of this section.
 1976         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 1977         Florida, which directed the Division of Law Revision and
 1978         Information “to substitute the term ‘Effective Access to
 1979         Student Education Grant Program’ for ‘Florida Resident
 1980         Access Grant Program’ and the term ‘Effective Access to
 1981         Student Education grant’ for ‘Florida resident access
 1982         grant’ wherever those terms appear in the Florida
 1983         Statutes.”
 1984         Section 43. Subsection (7) of section 288.9623, Florida
 1985  Statutes, is amended to read:
 1986         288.9623 Definitions.—As used in ss. 288.9621-288.96255,
 1987  the term:
 1988         (7) “Portfolio companies” means the companies that who are
 1989  part of the Florida Technology Seed Capital Fund investment
 1990  portfolio.
 1991         Reviser’s note.—Amended to confirm the editorial substitution of
 1992         the word “that” for the word “who” to conform to context.
 1993         Section 44. Subsection (9) of section 316.614, Florida
 1994  Statutes, is amended to read:
 1995         316.614 Safety belt usage.—
 1996         (9) By January 1, 2006, Each law enforcement agency in this
 1997  state shall adopt departmental policies to prohibit the practice
 1998  of racial profiling. When a law enforcement officer issues a
 1999  citation for a violation of this section, the law enforcement
 2000  officer must record the race and ethnicity of the violator. All
 2001  law enforcement agencies must maintain such information and
 2002  forward the information to the department in a form and manner
 2003  determined by the department. The department shall collect this
 2004  information by jurisdiction and annually report the data to the
 2005  Governor, the President of the Senate, and the Speaker of the
 2006  House of Representatives. The report must show separate
 2007  statewide totals for the state’s county sheriffs and municipal
 2008  law enforcement agencies, state law enforcement agencies, and
 2009  state university law enforcement agencies.
 2010         Reviser’s note.—Amended to delete obsolete language.
 2011         Section 45. Subsection (4) of section 322.09, Florida
 2012  Statutes, is amended to read:
 2013         322.09 Application of minors; responsibility for negligence
 2014  or misconduct of minor.—
 2015         (4) Notwithstanding subsections (1) and (2), if a caregiver
 2016  of a minor who is under the age of 18 years and is in out-of
 2017  home care as defined in s. 39.01(55) 39.01(49), an authorized
 2018  representative of a residential group home at which such a minor
 2019  resides, the caseworker at the agency at which the state has
 2020  placed the minor, or a guardian ad litem specifically authorized
 2021  by the minor’s caregiver to sign for a learner’s driver license
 2022  signs the minor’s application for a learner’s driver license,
 2023  that caregiver, group home representative, caseworker, or
 2024  guardian ad litem does not assume any obligation or become
 2025  liable for any damages caused by the negligence or willful
 2026  misconduct of the minor by reason of having signed the
 2027  application. Before signing the application, the caseworker,
 2028  authorized group home representative, or guardian ad litem shall
 2029  notify the caregiver or other responsible party of his or her
 2030  intent to sign and verify the application.
 2031         Reviser’s note.—Amended to conform to the redesignation of s.
 2032         39.01(49) as s. 39.01(55) by s. 1, ch. 2018-103, Laws of
 2033         Florida.
 2034         Section 46. Subsection (1) of section 328.76, Florida
 2035  Statutes, is amended to read:
 2036         328.76 Marine Resources Conservation Trust Fund; vessel
 2037  registration funds; appropriation and distribution.—
 2038         (1) Except as otherwise specified in this subsection and
 2039  less the amount equal to any administrative costs which shall be
 2040  deposited in the Highway Safety Operating Trust Fund, in each
 2041  fiscal year beginning on or after July 1, 2001, all funds
 2042  collected from the registration of vessels through the
 2043  Department of Highway Safety and Motor Vehicles and the tax
 2044  collectors of the state and funds transferred from the General
 2045  Revenue Fund pursuant to s. 328.72(18), except for those funds
 2046  designated as the county portion pursuant to s. 328.72(1), shall
 2047  be deposited in the Marine Resources Conservation Trust Fund for
 2048  recreational channel marking; public launching facilities; law
 2049  enforcement and quality control programs; aquatic weed control;
 2050  manatee protection, recovery, rescue, rehabilitation, and
 2051  release; and marine mammal protection and recovery. The funds
 2052  collected pursuant to s. 328.72(1) shall be transferred as
 2053  follows:
 2054         (a) In each fiscal year, an amount equal to $1.50 for each
 2055  commercial and recreational vessel registered in this state
 2056  shall be transferred by the Department of Highway Safety and
 2057  Motor Vehicles to the Save the Manatee Trust Fund and shall be
 2058  used only for the purposes specified in s. 379.2431(4).
 2059         (b) An amount equal to $2 from each recreational vessel
 2060  registration fee, except that for class A-1 vessels, shall be
 2061  transferred by the Department of Highway Safety and Motor
 2062  Vehicles to the Invasive Plant Control Trust Fund in the Fish
 2063  and Wildlife Conservation Commission for aquatic weed research
 2064  and control.
 2065         (c) An amount equal to 40 percent of the registration fees
 2066  from commercial vessels shall be transferred by the Department
 2067  of Highway Safety and Motor Vehicles to the Invasive Plant
 2068  Control Trust Fund in the Fish and Wildlife Conservation
 2069  Commission for aquatic plant research and control.
 2070         (d) An amount equal to 40 percent of the registration fees
 2071  from commercial vessels shall be transferred by the Department
 2072  of Highway Safety and Motor Vehicles, on a monthly basis, to the
 2073  General Inspection Trust Fund of the Department of Agriculture
 2074  and Consumer Services. These funds shall be used for shellfish
 2075  and aquaculture development and quality control programs.
 2076         Reviser’s note.—Amended to delete obsolete language.
 2077         Section 47. Subsection (1) of section 348.0012, Florida
 2078  Statutes, is amended to read:
 2079         348.0012 Exemptions from applicability.—The Florida
 2080  Expressway Authority Act does not apply:
 2081         (1) In a county in which an expressway authority has been
 2082  created pursuant to parts II-V II-IX of this chapter, except as
 2083  expressly provided in this part; or
 2084         Reviser’s note.—Amended to conform to the consolidation or
 2085         repeal of some of the parts comprising chapter 348.
 2086         Section 48. Section 364.163, Florida Statutes, is amended
 2087  to read:
 2088         364.163 Network access services.—For purposes of this
 2089  section, the term “network access service” is defined as any
 2090  service provided by a local exchange telecommunications company
 2091  to a telecommunications company certificated under this chapter
 2092  or licensed by the Federal Communications Commission to access
 2093  the local exchange telecommunications network, excluding local
 2094  interconnection, resale, or unbundling pursuant to s. 364.16.
 2095  Each local exchange telecommunications company shall maintain
 2096  tariffs with the commission containing the terms, conditions,
 2097  and rates for each of its network access services. The switched
 2098  network access service rates in effect immediately prior to July
 2099  1, 2007, shall be, and shall remain, capped at that level until
 2100  July 1, 2010. An interexchange telecommunications company may
 2101  not institute any intrastate connection fee or any similarly
 2102  named fee.
 2103         Reviser’s note.—Amended to delete obsolete language.
 2104         Section 49. Section 373.206, Florida Statutes, is amended
 2105  to read:
 2106         373.206 Artesian wells; flow regulated.—Every person, stock
 2107  company, association, corporation, county, or municipality
 2108  owning or controlling the real estate upon which is located a
 2109  flowing artesian well in this state shall, within 90 days after
 2110  June 15, 1953, provide each such well with a valve capable of
 2111  controlling the discharge from the well and shall keep the valve
 2112  so adjusted that only a supply of water is available which is
 2113  necessary for ordinary use by the owner, tenant, occupant, or
 2114  person in control of the land for personal use and for
 2115  conducting his or her business. Upon the determination by the
 2116  Department of Environmental Protection or the appropriate water
 2117  management district that the water in an artesian well is of
 2118  such poor quality as to have an adverse impact upon an aquifer
 2119  or other water body which serves as a source of public drinking
 2120  water or which is likely to be such a source in the future, such
 2121  well shall be plugged in accordance with department or
 2122  appropriate water management district specifications for well
 2123  plugging.
 2124         Reviser’s note.—Amended to delete obsolete language.
 2125         Section 50. Section 373.5905, Florida Statutes, is amended
 2126  to read:
 2127         373.5905 Reinstatement of payments in lieu of taxes;
 2128  duration.—If a water management district has made a payment in
 2129  lieu of taxes to a governmental entity and subsequently
 2130  suspended such payment, beginning July 1, 2009, the water
 2131  management district shall reinstate appropriate payments and
 2132  continue the payments for as long as the county population
 2133  remains below the population threshold pursuant to s.
 2134  373.59(2)(a). This section does not authorize or provide for
 2135  payments in arrears.
 2136         Reviser’s note.—Amended to delete obsolete language.
 2137         Section 51. Paragraph (t) of subsection (2) of section
 2138  380.0651, Florida Statutes, is amended to read:
 2139         380.0651 Statewide guidelines, standards, and exemptions.—
 2140         (2) STATUTORY EXEMPTIONS.—The following developments are
 2141  exempt from s. 380.06:
 2142         (t) Any proposed solid mineral mine and any proposed
 2143  addition to, expansion of, or change to an existing solid
 2144  mineral mine. A mine owner must, however, enter into a binding
 2145  agreement with the Department of Transportation to mitigate
 2146  impacts to strategic intermodal system facilities. Proposed
 2147  changes to any previously approved solid mineral mine
 2148  development-of-regional-impact development orders having vested
 2149  rights are not subject to further review or approval as a
 2150  development-of-regional-impact or notice-of-proposed-change
 2151  review or approval pursuant to s. 380.06(7) subsection (19),
 2152  except for those applications pending as of July 1, 2011, which
 2153  are governed by s. 380.115(2). Notwithstanding this requirement,
 2154  pursuant to s. 380.115(1), a previously approved solid mineral
 2155  mine development-of-regional-impact development order continues
 2156  to have vested rights and continues to be effective unless
 2157  rescinded by the developer. All local government regulations of
 2158  proposed solid mineral mines are applicable to any new solid
 2159  mineral mine or to any proposed addition to, expansion of, or
 2160  change to an existing solid mineral mine.
 2161  
 2162  If a use is exempt from review pursuant to paragraphs (a)-(u),
 2163  but will be part of a larger project that is subject to review
 2164  pursuant to s. 380.06(12), the impact of the exempt use must be
 2165  included in the review of the larger project, unless such exempt
 2166  use involves a development that includes a landowner, tenant, or
 2167  user that has entered into a funding agreement with the state
 2168  land planning agency under the Innovation Incentive Program and
 2169  the agreement contemplates a state award of at least $50
 2170  million.
 2171         Reviser’s note.—Amended to correct an erroneous reference.
 2172         Section 380.0651 does not contain a subsection (19).
 2173         Chapter 2018-158, Laws of Florida, extensively amended s.
 2174         380.0651, as well as s. 380.06; portions of s. 380.06 were
 2175         excised from that section and included in the amendment to
 2176         s. 380.0651. Former s. 380.06(19), which related to
 2177         substantial deviations of previous approved developments,
 2178         became s. 380.06(7), relating to changes to proposed
 2179         changes to a previously approved development.
 2180         Section 52. Paragraph (a) of subsection (2) of section
 2181  381.0072, Florida Statutes, is amended to read:
 2182         381.0072 Food service protection.—
 2183         (2) DEFINITIONS.—As used in this section, the term:
 2184         (a) “Culinary education program” means a program that:
 2185         1. Educates enrolled students in the culinary arts,
 2186  including the preparation, cooking, and presentation of food, or
 2187  provides education and experience in culinary arts-related
 2188  businesses;
 2189         2. Is provided by:
 2190         a. A state university as defined in s. 1000.21;
 2191         b. A Florida College System institution as defined in s.
 2192  1000.21;
 2193         c. A career center as defined in s. 1001.44;
 2194         d. A charter technical career center as defined in s.
 2195  1002.34;
 2196         e. A nonprofit independent college or university that is
 2197  located and chartered in this state and accredited by the
 2198  Commission on Colleges of the Southern Association of Colleges
 2199  and Schools to grant baccalaureate degrees, that is under the
 2200  jurisdiction of the Department of Education, and that is
 2201  eligible to participate in the William L. Boyd, IV, Effective
 2202  Access to Student Education Florida Resident Access Grant
 2203  Program; or
 2204         f. A nonpublic postsecondary educational institution
 2205  licensed pursuant to part III of chapter 1005; and
 2206         3. Is inspected by any state agency or agencies for
 2207  compliance with sanitation standards.
 2208         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 2209         Florida, which directed the Division of Law Revision and
 2210         Information “to substitute the term ‘Effective Access to
 2211         Student Education Grant Program’ for ‘Florida Resident
 2212         Access Grant Program’ and the term ‘Effective Access to
 2213         Student Education grant’ for ‘Florida resident access
 2214         grant’ wherever those terms appear in the Florida
 2215         Statutes.”
 2216         Section 53. Subsection (2) of section 381.984, Florida
 2217  Statutes, is amended to read:
 2218         381.984 Educational programs.—
 2219         (2) PUBLIC INFORMATION INITIATIVE.—The Governor, in
 2220  conjunction with the State Surgeon General or and his or her
 2221  designee, shall sponsor a series of public service announcements
 2222  on radio, on television, on the Internet, or in print media
 2223  about the nature of lead-based-paint hazards, the importance of
 2224  standards for lead poisoning prevention in properties, and the
 2225  purposes and responsibilities set forth in this act. In
 2226  developing and coordinating this public information initiative,
 2227  the sponsors shall seek the participation and involvement of
 2228  private industry organizations, including those involved in real
 2229  estate, insurance, mortgage banking, or pediatrics.
 2230         Reviser’s note.—Amended to conform to context.
 2231         Section 54. Paragraph (c) of subsection (3) and subsection
 2232  (5) of section 383.3362, Florida Statutes, are amended to read:
 2233         383.3362 Sudden Unexpected Infant Death.—
 2234         (3) TRAINING.—
 2235         (c) The Department of Health, in consultation with the
 2236  Emergency Medical Services Advisory Council, the Firefighters
 2237  Employment, Standards, and Training Council, the Child
 2238  Protection Teams child protection teams established in the
 2239  Division of Children’s Medical Services, and the Criminal
 2240  Justice Standards and Training Commission, shall adopt and
 2241  modify when necessary, by rule, curriculum that is as part of
 2242  the Centers for Disease Control SUID Initiative which must be
 2243  followed by law enforcement agencies in investigating cases
 2244  involving sudden deaths of infants, and training in responding
 2245  appropriately to the parents or caretakers who have requested
 2246  assistance.
 2247         (5) DEPARTMENT DUTIES RELATING TO SUDDEN UNEXPECTED INFANT
 2248  DEATH (SUID).—The Department of Health, in consultation with the
 2249  Child Protection Teams child protection teams established in the
 2250  Division of Children’s Medical Services, shall:
 2251         (a) Collaborate with other agencies in the development and
 2252  presentation of the SUID training programs for first responders,
 2253  including those for emergency medical technicians and
 2254  paramedics, firefighters, and law enforcement officers.
 2255         (b) Maintain a database of statistics on reported SUID
 2256  deaths and analyze the data as funds allow.
 2257         (c) Serve as liaison and closely coordinate activities with
 2258  the Florida SIDS Alliance.
 2259         (d) Maintain a library reference list and materials about
 2260  SUID for public dissemination.
 2261         (e) Provide professional support to field staff.
 2262         (f) Coordinate the activities of and promote a link between
 2263  the fetal and infant mortality review committees of the local
 2264  healthy start coalitions, the Florida SIDS Alliance, and other
 2265  related support groups.
 2266         Reviser’s note.—Paragraph (3)(c) is amended to improve clarity.
 2267         Paragraph (3)(c) and subsection (5) are amended to conform
 2268         to s. 32, ch. 2018-103, Laws of Florida, which directed the
 2269         Division of Law Revision and Information to prepare a
 2270         reviser’s bill “to capitalize each word of the term ‘child
 2271         protection team’ wherever it occurs in the Florida
 2272         Statutes.”
 2273         Section 55. Paragraph (a) of subsection (2) and paragraph
 2274  (a) of subsection (3) of section 383.402, Florida Statutes, are
 2275  amended to read:
 2276         383.402 Child abuse death review; State Child Abuse Death
 2277  Review Committee; local child abuse death review committees.—
 2278         (2) STATE CHILD ABUSE DEATH REVIEW COMMITTEE.—
 2279         (a) Membership.—
 2280         1. The State Child Abuse Death Review Committee is
 2281  established within the Department of Health and shall consist of
 2282  a representative of the Department of Health, appointed by the
 2283  State Surgeon General, who shall serve as the state committee
 2284  coordinator. The head of each of the following agencies or
 2285  organizations shall also appoint a representative to the state
 2286  committee:
 2287         a. The Department of Legal Affairs.
 2288         b. The Department of Children and Families.
 2289         c. The Department of Law Enforcement.
 2290         d. The Department of Education.
 2291         e. The Florida Prosecuting Attorneys Association, Inc.
 2292         f. The Florida Medical Examiners Commission, whose
 2293  representative must be a forensic pathologist.
 2294         2. In addition, the State Surgeon General shall appoint the
 2295  following members to the state committee, based on
 2296  recommendations from the Department of Health and the agencies
 2297  listed in subparagraph 1., and ensuring that the committee
 2298  represents the regional, gender, and ethnic diversity of the
 2299  state to the greatest extent possible:
 2300         a. The Department of Health Statewide Child Protection Team
 2301  Medical Director.
 2302         b. A public health nurse.
 2303         c. A mental health professional who treats children or
 2304  adolescents.
 2305         d. An employee of the Department of Children and Families
 2306  who supervises family services counselors and who has at least 5
 2307  years of experience in child protective investigations.
 2308         e. The medical director of a Child Protection Team child
 2309  protection team.
 2310         f. A member of a child advocacy organization.
 2311         g. A social worker who has experience in working with
 2312  victims and perpetrators of child abuse.
 2313         h. A person trained as a paraprofessional in patient
 2314  resources who is employed in a child abuse prevention program.
 2315         i. A law enforcement officer who has at least 5 years of
 2316  experience in children’s issues.
 2317         j. A representative of the Florida Coalition Against
 2318  Domestic Violence.
 2319         k. A representative from a private provider of programs on
 2320  preventing child abuse and neglect.
 2321         l. A substance abuse treatment professional.
 2322         3. The members of the state committee shall be appointed to
 2323  staggered terms not to exceed 2 years each, as determined by the
 2324  State Surgeon General. Members may be appointed to no more than
 2325  three consecutive terms. The state committee shall elect a
 2326  chairperson from among its members to serve for a 2-year term,
 2327  and the chairperson may appoint ad hoc committees as necessary
 2328  to carry out the duties of the committee.
 2329         4. Members of the state committee shall serve without
 2330  compensation but may receive reimbursement for per diem and
 2331  travel expenses incurred in the performance of their duties as
 2332  provided in s. 112.061 and to the extent that funds are
 2333  available.
 2334         (3) LOCAL CHILD ABUSE DEATH REVIEW COMMITTEES.—At the
 2335  direction of the State Surgeon General, a county or multicounty
 2336  child abuse death review committee shall be convened and
 2337  supported by the county health department directors in
 2338  accordance with the protocols established by the State Child
 2339  Abuse Death Review Committee.
 2340         (a) Membership.—The local death review committees shall
 2341  include, at a minimum, the following organizations’
 2342  representatives, appointed by the county health department
 2343  directors in consultation with those organizations:
 2344         1. The state attorney’s office.
 2345         2. The medical examiner’s office.
 2346         3. The local Department of Children and Families child
 2347  protective investigations unit.
 2348         4. The Department of Health Child Protection Team child
 2349  protection team.
 2350         5. The community-based care lead agency.
 2351         6. State, county, or local law enforcement agencies.
 2352         7. The school district.
 2353         8. A mental health treatment provider.
 2354         9. A certified domestic violence center.
 2355         10. A substance abuse treatment provider.
 2356         11. Any other members that are determined by guidelines
 2357  developed by the State Child Abuse Death Review Committee.
 2358  
 2359  To the extent possible, individuals from these organizations or
 2360  entities who, in a professional capacity, dealt with a child
 2361  whose death is verified as caused by abuse or neglect, or with
 2362  the family of the child, shall attend any meetings where the
 2363  child’s case is reviewed. The members of a local committee shall
 2364  be appointed to 2-year terms and may be reappointed. Members
 2365  shall serve without compensation but may receive reimbursement
 2366  for per diem and travel expenses incurred in the performance of
 2367  their duties as provided in s. 112.061 and to the extent that
 2368  funds are available.
 2369         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 2370         of Florida, which directed the Division of Law Revision and
 2371         Information to prepare a reviser’s bill “to capitalize each
 2372         word of the term ‘child protection team’ wherever it occurs
 2373         in the Florida Statutes.”
 2374         Section 56. Subsection (2) of section 388.021, Florida
 2375  Statutes, is amended to read:
 2376         388.021 Creation of mosquito control districts.—
 2377         (2) It is the legislative intent that those mosquito
 2378  control districts established prior to July 1, 1980, pursuant to
 2379  the petition process formerly contained in former s. 388.031,
 2380  may continue to operate as outlined in this chapter. However, on
 2381  and after that date, no mosquito control districts may be
 2382  created except pursuant to s. 125.01.
 2383         Reviser’s note.—Amended to conform to the fact that s. 388.031
 2384         was repealed by s. 12, ch. 80-281, Laws of Florida.
 2385         Section 57. Subsection (2) of section 391.026, Florida
 2386  Statutes, is amended to read:
 2387         391.026 Powers and duties of the department.—The department
 2388  shall have the following powers, duties, and responsibilities:
 2389         (2) To provide services to abused and neglected children
 2390  through Child Protection Teams child protection teams pursuant
 2391  to s. 39.303.
 2392         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 2393         of Florida, which directed the Division of Law Revision and
 2394         Information to prepare a reviser’s bill “to capitalize each
 2395         word of the term ‘child protection team’ wherever it occurs
 2396         in the Florida Statutes.”
 2397         Section 58. Subsection (40) of section 393.063, Florida
 2398  Statutes, is amended to read:
 2399         393.063 Definitions.—For the purposes of this chapter, the
 2400  term:
 2401         (40) “Spina bifida” means a person with a medical diagnosis
 2402  of spina bifida cystica or myelomeningocele.
 2403         Reviser’s note.—Amended to improve clarity.
 2404         Section 59. Subsection (2) of section 395.1023, Florida
 2405  Statutes, is amended to read:
 2406         395.1023 Child abuse and neglect cases; duties.—Each
 2407  licensed facility shall adopt a protocol that, at a minimum,
 2408  requires the facility to:
 2409         (2) In any case involving suspected child abuse,
 2410  abandonment, or neglect, designate, at the request of the
 2411  department, a staff physician to act as a liaison between the
 2412  hospital and the Department of Children and Families office
 2413  which is investigating the suspected abuse, abandonment, or
 2414  neglect, and the Child Protection Team child protection team, as
 2415  defined in s. 39.01, when the case is referred to such a team.
 2416  
 2417  Each general hospital and appropriate specialty hospital shall
 2418  comply with the provisions of this section and shall notify the
 2419  agency and the department of its compliance by sending a copy of
 2420  its policy to the agency and the department as required by rule.
 2421  The failure by a general hospital or appropriate specialty
 2422  hospital to comply shall be punished by a fine not exceeding
 2423  $1,000, to be fixed, imposed, and collected by the agency. Each
 2424  day in violation is considered a separate offense.
 2425         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 2426         of Florida, which directed the Division of Law Revision and
 2427         Information to prepare a reviser’s bill “to capitalize each
 2428         word of the term ‘child protection team’ wherever it occurs
 2429         in the Florida Statutes.”
 2430         Section 60. Paragraph (h) of subsection (1) of section
 2431  395.1055, Florida Statutes, is amended to read:
 2432         395.1055 Rules and enforcement.—
 2433         (1) The agency shall adopt rules pursuant to ss. 120.536(1)
 2434  and 120.54 to implement the provisions of this part, which shall
 2435  include reasonable and fair minimum standards for ensuring that:
 2436         (h) Licensed facilities make available on their Internet
 2437  websites, no later than October 1, 2004, and in a hard copy
 2438  format upon request, a description of and a link to the patient
 2439  charge and performance outcome data collected from licensed
 2440  facilities pursuant to s. 408.061.
 2441         Reviser’s note.—Amended to delete obsolete language.
 2442         Section 61. Paragraph (c) of subsection (3) of section
 2443  395.4025, Florida Statutes, is amended to read:
 2444         395.4025 Trauma centers; selection; quality assurance;
 2445  records.—
 2446         (3)
 2447         (c) In order to be considered by the department,
 2448  applications from those hospitals seeking selection as trauma
 2449  centers, including those current verified trauma centers that
 2450  seek a change or redesignation in approval status as a trauma
 2451  center, must be received by the department no later than the
 2452  close of business on April 1 of the year following submission of
 2453  the letter of intent. The department shall conduct an initial
 2454  review of each application for the purpose of determining
 2455  whether the hospital’s application is complete and that the
 2456  hospital is capable of constructing and operating a trauma
 2457  center that includes the critical elements required for a trauma
 2458  center. This critical review must be based on trauma center
 2459  standards and must include, but need not be limited to, a review
 2460  as to whether the hospital is prepared to attain and operate
 2461  with all of the following components before April 30 of the
 2462  following year:
 2463         1. Equipment and physical facilities necessary to provide
 2464  trauma services.
 2465         2. Personnel in sufficient numbers and with proper
 2466  qualifications to provide trauma services.
 2467         3. An effective quality assurance process.
 2468         Reviser’s note.—Amended to confirm the editorial deletion of the
 2469         word “that” to improve clarity.
 2470         Section 62. Subsection (1) of section 397.6760, Florida
 2471  Statutes, is amended to read:
 2472         397.6760 Court records; confidentiality.—
 2473         (1) All petitions for involuntary assessment and
 2474  stabilization, court orders, and related records that are filed
 2475  with or by a court under this part are confidential and exempt
 2476  from s. 119.07(1) 119.071(1) and s. 24(a), Art. I of the State
 2477  Constitution. Pleadings and other documents made confidential
 2478  and exempt by this section may be disclosed by the clerk of the
 2479  court, upon request, to any of the following:
 2480         (a) The petitioner.
 2481         (b) The petitioner’s attorney.
 2482         (c) The respondent.
 2483         (d) The respondent’s attorney.
 2484         (e) The respondent’s guardian or guardian advocate, if
 2485  applicable.
 2486         (f) In the case of a minor respondent, the respondent’s
 2487  parent, guardian, legal custodian, or guardian advocate.
 2488         (g) The respondent’s treating health care practitioner.
 2489         (h) The respondent’s health care surrogate or proxy.
 2490         (i) The Department of Children and Families, without
 2491  charge.
 2492         (j) The Department of Corrections, without charge, if the
 2493  respondent is committed or is to be returned to the custody of
 2494  the Department of Corrections from the Department of Children
 2495  and Families.
 2496         (k) A person or entity authorized to view records upon a
 2497  court order for good cause. In determining if there is good
 2498  cause for the disclosure of records, the court must weigh the
 2499  person or entity’s need for the information against potential
 2500  harm to the respondent from the disclosure.
 2501         Reviser’s note.—Amended to correct an apparent error. Section
 2502         119.07(1) requires that persons in custody of public
 2503         records shall permit inspection and copying of such
 2504         records. Section 119.071(1) relates to exemptions from
 2505         inspection or copying of public records relating to agency
 2506         administration.
 2507         Section 63. Paragraph (c) of subsection (3) of section
 2508  400.235, Florida Statutes, is amended to read:
 2509         400.235 Nursing home quality and licensure status; Gold
 2510  Seal Program.—
 2511         (3)
 2512         (c) Recommendations to the panel for designation of a
 2513  nursing facility as a Gold Seal facility may be received by the
 2514  panel after January 1, 2000. The activities of the panel shall
 2515  be supported by staff of the Department of Elderly Affairs and
 2516  the Agency for Health Care Administration.
 2517         Reviser’s note.—Amended to delete obsolete language.
 2518         Section 64. Paragraph (g) of subsection (2) of section
 2519  400.471, Florida Statutes, is amended to read:
 2520         400.471 Application for license; fee.—
 2521         (2) In addition to the requirements of part II of chapter
 2522  408, the initial applicant, the applicant for a change of
 2523  ownership, and the applicant for the addition of skilled care
 2524  services must file with the application satisfactory proof that
 2525  the home health agency is in compliance with this part and
 2526  applicable rules, including:
 2527         (g) In the case of an application for initial licensure, an
 2528  application for a change of ownership, or an application for the
 2529  addition of skilled care services, documentation of
 2530  accreditation, or an application for accreditation, from an
 2531  accrediting organization that is recognized by the agency as
 2532  having standards comparable to those required by this part and
 2533  part II of chapter 408. A home health agency that does not
 2534  provide skilled care is exempt from this paragraph.
 2535  Notwithstanding s. 408.806, an initial applicant must provide
 2536  proof of accreditation that is not conditional or provisional
 2537  and a survey demonstrating compliance with the requirements of
 2538  this part, part II of chapter 408, and applicable rules from an
 2539  accrediting organization that is recognized by the agency as
 2540  having standards comparable to those required by this part and
 2541  part II of chapter 408 within 120 days after the date of the
 2542  agency’s receipt of the application for licensure. Such
 2543  accreditation must be continuously maintained by the home health
 2544  agency to maintain licensure. The agency shall accept, in lieu
 2545  of its own periodic licensure survey, the submission of the
 2546  survey of an accrediting organization that is recognized by the
 2547  agency if the accreditation of the licensed home health agency
 2548  is not provisional and if the licensed home health agency
 2549  authorizes release releases of, and the agency receives the
 2550  report of, the accrediting organization.
 2551         Reviser’s note.—Amended to improve clarity.
 2552         Section 65. Paragraph (h) of subsection (1) of section
 2553  400.4785, Florida Statutes, is amended to read:
 2554         400.4785 Patients with Alzheimer’s disease or other related
 2555  disorders; staff training requirements; certain disclosures.—
 2556         (1) A home health agency must provide the following staff
 2557  training:
 2558         (h) An employee who is hired on or after July 1, 2005, must
 2559  complete the training required by this section.
 2560         Reviser’s note.—Amended to delete obsolete language. The
 2561         remaining portion of subsection (1) specifies training
 2562         completion requirements for home health agency staff.
 2563         Section 66. Subsection (2) of section 400.991, Florida
 2564  Statutes, is amended to read:
 2565         400.991 License requirements; background screenings;
 2566  prohibitions.—
 2567         (2) The initial clinic license application shall be filed
 2568  with the agency by all clinics, as defined in s. 400.9905, on or
 2569  before July 1, 2004.
 2570         Reviser’s note.—Amended to delete obsolete language.
 2571         Section 67. Section 401.024, Florida Statutes, is amended
 2572  to read:
 2573         401.024 System approval.—From July 1, 1973, No emergency
 2574  medical telecommunications system shall be established or
 2575  present systems expanded without prior approval of the
 2576  Department of Management Services.
 2577         Reviser’s note.—Amended to delete obsolete language.
 2578         Section 68. Paragraph (g) of subsection (2) and subsection
 2579  (3) of section 402.305, Florida Statutes, are amended to read:
 2580         402.305 Licensing standards; child care facilities.—
 2581         (2) PERSONNEL.—Minimum standards for child care personnel
 2582  shall include minimum requirements as to:
 2583         (g) By January 1, 2000, A credential for child care
 2584  facility directors. By January 1, 2004, The credential shall be
 2585  a required minimum standard for licensing.
 2586         (3) MINIMUM STAFF CREDENTIALS.—By July 1, 1996, For every
 2587  20 children in a licensed child care facility, if the facility
 2588  operates 8 hours or more per week, one of the child care
 2589  personnel in the facility must have:
 2590         (a) A child development associate credential;
 2591         (b) A child care professional credential, unless the
 2592  department determines that such child care professional
 2593  credential is not equivalent to or greater than a child
 2594  development associate credential; or
 2595         (c) A credential that is equivalent to or greater than the
 2596  credential required in paragraph (a) or paragraph (b).
 2597  
 2598  The department shall establish by rule those hours of operation,
 2599  such as during rest periods and transitional periods, when this
 2600  subsection does not apply.
 2601         Reviser’s note.—Amended to delete obsolete language.
 2602         Section 69. Paragraph (c) of subsection (1) of section
 2603  402.310, Florida Statutes, is amended to read:
 2604         402.310 Disciplinary actions; hearings upon denial,
 2605  suspension, or revocation of license or registration;
 2606  administrative fines.—
 2607         (1)
 2608         (c) The department shall adopt rules to:
 2609         1. Establish the grounds under which the department may
 2610  deny, suspend, or revoke a license or registration or place a
 2611  licensee or registrant on probation status for violations of ss.
 2612  402.301-402.319.
 2613         2. Establish a uniform system of procedures to impose
 2614  disciplinary sanctions for violations of ss. 402.301-402.319.
 2615  The uniform system of procedures must provide for the consistent
 2616  application of disciplinary actions across districts and a
 2617  progressively increasing level of penalties from predisciplinary
 2618  actions, such as efforts to assist licensees or registrants to
 2619  correct the statutory or regulatory violations, and to severe
 2620  disciplinary sanctions for actions that jeopardize the health
 2621  and safety of children, such as for the deliberate misuse of
 2622  medications. The department shall implement this subparagraph on
 2623  January 1, 2007, and the implementation is not contingent upon a
 2624  specific appropriation.
 2625         Reviser’s note.—Amended to delete obsolete language.
 2626         Section 70. Paragraph (b) of subsection (5) of section
 2627  402.56, Florida Statutes, is amended to read:
 2628         402.56 Children’s cabinet; organization; responsibilities;
 2629  annual report.—
 2630         (5) DUTIES AND RESPONSIBILITIES.—The Children and Youth
 2631  Cabinet shall:
 2632         (b) Develop, no later than December 31, 2007, a strategic
 2633  plan to achieve the goals of the shared and cohesive vision. The
 2634  plan shall be centered upon a long-term commitment to children
 2635  and youth issues and align all public resources to serve
 2636  children and youth and their families in a manner that supports
 2637  the healthy growth and development of children. The plan shall
 2638  prepare the children and youth to be responsible citizens and
 2639  productive members of the workforce. The plan shall include a
 2640  continuum of services that will benefit children from prenatal
 2641  care through services for youth in transition to adulthood.
 2642         Reviser’s note.—Amended to delete obsolete language.
 2643         Section 71. Subsection (8) of section 403.861, Florida
 2644  Statutes, is amended to read:
 2645         403.861 Department; powers and duties.—The department shall
 2646  have the power and the duty to carry out the provisions and
 2647  purposes of this act and, for this purpose, to:
 2648         (8) Initiate rulemaking no later than July 1, 2008, to
 2649  increase each drinking water permit application fee authorized
 2650  under s. 403.087(6) and this part and adopted by rule to ensure
 2651  that such fees are increased to reflect, at a minimum, any
 2652  upward adjustment in the Consumer Price Index compiled by the
 2653  United States Department of Labor, or similar inflation
 2654  indicator, since the original fee was established or most
 2655  recently revised.
 2656         (a) The department shall establish by rule the inflation
 2657  index to be used for this purpose. The department shall review
 2658  the drinking water permit application fees authorized under s.
 2659  403.087(6) and this part at least once every 5 years and shall
 2660  adjust the fees upward, as necessary, within the established fee
 2661  caps to reflect changes in the Consumer Price Index or similar
 2662  inflation indicator. In the event of deflation, the department
 2663  shall consult with the Executive Office of the Governor and the
 2664  Legislature to determine whether downward fee adjustments are
 2665  appropriate based on the current budget and appropriation
 2666  considerations. The department shall also review the drinking
 2667  water operation license fees established pursuant to paragraph
 2668  (7)(b) at least once every 5 years to adopt, as necessary, the
 2669  same inflationary adjustments provided for in this subsection.
 2670         (b) Effective July 1, 2008, The minimum fee amount shall be
 2671  the minimum fee prescribed in this section, and such fee amount
 2672  shall remain in effect until the effective date of fees adopted
 2673  by rule by the department.
 2674         Reviser’s note.—Amended to delete obsolete language.
 2675         Section 72. Paragraph (e) of subsection (3) of section
 2676  408.036, Florida Statutes, is amended to read:
 2677         408.036 Projects subject to review; exemptions.—
 2678         (3) EXEMPTIONS.—Upon request, the following projects are
 2679  subject to exemption from the provisions of subsection (1):
 2680         (e) For the addition of nursing home beds licensed under
 2681  chapter 400 in a number not exceeding 30 total beds or 25
 2682  percent of the number of beds licensed in the facility being
 2683  replaced under paragraph (2)(b), paragraph (2)(c), or paragraph
 2684  (m) (p), whichever is less.
 2685         Reviser’s note.—Amended to confirm the editorial substitution of
 2686         a reference to paragraph (m) for a reference to paragraph
 2687         (p) to conform to the redesignation of paragraphs by s. 61,
 2688         ch. 2018-24, Laws of Florida. Paragraph (m) relates to
 2689         replacement nursing home beds; paragraph (p) relates to
 2690         beds in state developmental disabilities centers.
 2691         Section 73. Subsection (25) of section 408.802, Florida
 2692  Statutes, is amended to read:
 2693         408.802 Applicability.—The provisions of this part apply to
 2694  the provision of services that require licensure as defined in
 2695  this part and to the following entities licensed, registered, or
 2696  certified by the agency, as described in chapters 112, 383, 390,
 2697  394, 395, 400, 429, 440, 483, and 765:
 2698         (25) Multiphasic health testing centers, as provided under
 2699  part I II of chapter 483.
 2700         Reviser’s note.—Amended to conform to the redesignation of part
 2701         II of chapter 483 as part I pursuant to the repeal of
 2702         former part I of that chapter by s. 97, ch. 2018-24, Laws
 2703         of Florida.
 2704         Section 74. Subsection (24) of section 408.820, Florida
 2705  Statutes, is amended to read:
 2706         408.820 Exemptions.—Except as prescribed in authorizing
 2707  statutes, the following exemptions shall apply to specified
 2708  requirements of this part:
 2709         (24) Multiphasic health testing centers, as provided under
 2710  part I II of chapter 483, are exempt from s. 408.810(5)-(10).
 2711         Reviser’s note.—Amended to conform to the redesignation of part
 2712         II of chapter 483 as part I pursuant to the repeal of
 2713         former part I of that chapter by s. 97, ch. 2018-24, Laws
 2714         of Florida.
 2715         Section 75. Paragraph (d) of subsection (2) and paragraph
 2716  (f) of subsection (3) of section 409.017, Florida Statutes, are
 2717  amended to read:
 2718         409.017 Revenue Maximization Act; legislative intent;
 2719  revenue maximization program.—
 2720         (2) LEGISLATIVE INTENT.—
 2721         (d) Except for funds expended pursuant to Title XIX of the
 2722  Social Security Act, it is the intent of the Legislature that
 2723  certified local funding for federal matching programs not
 2724  supplant or replace state funds. Beginning July 1, 2004, Any
 2725  state funds supplanted or replaced with local tax revenues for
 2726  Title XIX funds shall be expressly approved in the General
 2727  Appropriations Act or by the Legislative Budget Commission
 2728  pursuant to chapter 216.
 2729         (3) REVENUE MAXIMIZATION PROGRAM.—
 2730         (f) Each agency, as applicable, shall work with local
 2731  political subdivisions to modify any state plans and to seek and
 2732  implement any federal waivers necessary to implement this
 2733  section. If such modifications or waivers require the approval
 2734  of the Legislature, the agency, as applicable, shall draft such
 2735  legislation and present it to the President of the Senate and
 2736  the Speaker of the House of Representatives and to the
 2737  respective committee chairs of the Senate and the House of
 2738  Representatives by January 1, 2004, and, as applicable, annually
 2739  thereafter.
 2740         Reviser’s note.—Amended to delete obsolete language.
 2741         Section 76. Paragraph (c) of subsection (4) of section
 2742  409.145, Florida Statutes, is amended to read:
 2743         409.145 Care of children; quality parenting; “reasonable
 2744  and prudent parent” standard.—The child welfare system of the
 2745  department shall operate as a coordinated community-based system
 2746  of care which empowers all caregivers for children in foster
 2747  care to provide quality parenting, including approving or
 2748  disapproving a child’s participation in activities based on the
 2749  caregiver’s assessment using the “reasonable and prudent parent”
 2750  standard.
 2751         (4) FOSTER CARE ROOM AND BOARD RATES.—
 2752         (c) Effective July 1, 2019, foster parents of level I
 2753  family foster homes, as defined in under s. 409.175(5)(a) shall
 2754  receive a room and board rate of $333.
 2755         Reviser’s note.—Amended to confirm the editorial deletion of the
 2756         word “under” to improve clarity.
 2757         Section 77. Paragraphs (g), (q), and (w) of subsection (2)
 2758  of section 409.815, Florida Statutes, are amended to read:
 2759         409.815 Health benefits coverage; limitations.—
 2760         (2) BENCHMARK BENEFITS.—In order for health benefits
 2761  coverage to qualify for premium assistance payments for an
 2762  eligible child under ss. 409.810-409.821, the health benefits
 2763  coverage, except for coverage under Medicaid and Medikids, must
 2764  include the following minimum benefits, as medically necessary.
 2765         (g) Behavioral health services.—
 2766         1. Mental health benefits include:
 2767         a. Inpatient services, limited to 30 inpatient days per
 2768  contract year for psychiatric admissions, or residential
 2769  services in facilities licensed under s. 394.875(6) or s.
 2770  395.003 in lieu of inpatient psychiatric admissions; however, a
 2771  minimum of 10 of the 30 days shall be available only for
 2772  inpatient psychiatric services if authorized by a physician; and
 2773         b. Outpatient services, including outpatient visits for
 2774  psychological or psychiatric evaluation, diagnosis, and
 2775  treatment by a licensed mental health professional, limited to
 2776  40 outpatient visits each contract year.
 2777         2. Substance abuse services include:
 2778         a. Inpatient services, limited to 7 inpatient days per
 2779  contract year for medical detoxification only and 30 days of
 2780  residential services; and
 2781         b. Outpatient services, including evaluation, diagnosis,
 2782  and treatment by a licensed practitioner, limited to 40
 2783  outpatient visits per contract year.
 2784  
 2785  Effective October 1, 2009, Covered services include inpatient
 2786  and outpatient services for mental and nervous disorders as
 2787  defined in the most recent edition of the Diagnostic and
 2788  Statistical Manual of Mental Disorders published by the American
 2789  Psychiatric Association. Such benefits include psychological or
 2790  psychiatric evaluation, diagnosis, and treatment by a licensed
 2791  mental health professional and inpatient, outpatient, and
 2792  residential treatment of substance abuse disorders. Any benefit
 2793  limitations, including duration of services, number of visits,
 2794  or number of days for hospitalization or residential services,
 2795  shall not be any less favorable than those for physical
 2796  illnesses generally. The program may also implement appropriate
 2797  financial incentives, peer review, utilization requirements, and
 2798  other methods used for the management of benefits provided for
 2799  other medical conditions in order to reduce service costs and
 2800  utilization without compromising quality of care.
 2801         (q) Dental services.Effective October 1, 2009, Dental
 2802  services shall be covered as required under federal law and may
 2803  also include those dental benefits provided to children by the
 2804  Florida Medicaid program under s. 409.906(6).
 2805         (w) Reimbursement of federally qualified health centers and
 2806  rural health clinics.Effective October 1, 2009, Payments for
 2807  services provided to enrollees by federally qualified health
 2808  centers and rural health clinics under this section shall be
 2809  reimbursed using the Medicaid Prospective Payment System as
 2810  provided for under s. 2107(e)(1)(D) of the Social Security Act.
 2811  If such services are paid for by health insurers or health care
 2812  providers under contract with the Florida Healthy Kids
 2813  Corporation, such entities are responsible for this payment. The
 2814  agency may seek any available federal grants to assist with this
 2815  transition.
 2816         Reviser’s note.—Amended to delete obsolete language.
 2817         Section 78. Subsection (2) of section 409.9083, Florida
 2818  Statutes, is amended to read:
 2819         409.9083 Quality assessment on privately operated
 2820  intermediate care facilities for the developmentally disabled;
 2821  exemptions; purpose; federal approval required; remedies.—
 2822         (2) Effective October 1, 2009, There is imposed upon each
 2823  intermediate care facility for the developmentally disabled a
 2824  quality assessment. The aggregated amount of assessments for all
 2825  ICF/DDs in a given year shall be an amount not exceeding the
 2826  maximum percentage allowed under federal law of the total
 2827  aggregate net patient service revenue of assessed facilities.
 2828  The agency shall calculate the quality assessment rate annually
 2829  on a per-resident-day basis as reported by the facilities. The
 2830  per-resident-day assessment rate shall be uniform. Each facility
 2831  shall report monthly to the agency its total number of resident
 2832  days and shall remit an amount equal to the assessment rate
 2833  times the reported number of days. The agency shall collect, and
 2834  each facility shall pay, the quality assessment each month. The
 2835  agency shall collect the assessment from facility providers no
 2836  later than the 15th of the next succeeding calendar month. The
 2837  agency shall notify providers of the quality assessment rate and
 2838  provide a standardized form to complete and submit with
 2839  payments. The collection of the quality assessment shall
 2840  commence no sooner than 15 days after the agency’s initial
 2841  payment to the facilities that implement the increased Medicaid
 2842  rates containing the elements prescribed in subsection (3) and
 2843  monthly thereafter. Intermediate care facilities for the
 2844  developmentally disabled may increase their rates to incorporate
 2845  the assessment but may not create a separate line-item charge
 2846  for the purpose of passing through the assessment to residents.
 2847         Reviser’s note.—Amended to delete obsolete language.
 2848         Section 79. Paragraph (b) of subsection (1) and paragraph
 2849  (c) of subsection (2) of section 440.45, Florida Statutes, are
 2850  amended to read:
 2851         440.45 Office of the Judges of Compensation Claims.—
 2852         (1)
 2853         (b) Effective October 1, 2001, The position of Deputy Chief
 2854  Judge of Compensation Claims is created.
 2855         (2)
 2856         (c) Each judge of compensation claims shall be appointed
 2857  for a term of 4 years, but during the term of office may be
 2858  removed by the Governor for cause. Prior to the expiration of a
 2859  judge’s term of office, the statewide nominating commission
 2860  shall review the judge’s conduct and determine whether the
 2861  judge’s performance is satisfactory. Effective July 1, 2002, In
 2862  determining whether a judge’s performance is satisfactory, the
 2863  commission shall consider the extent to which the judge has met
 2864  the requirements of this chapter, including, but not limited to,
 2865  the requirements of ss. 440.25(1) and (4)(a)-(e), 440.34(2), and
 2866  440.442. If the judge’s performance is deemed satisfactory, the
 2867  commission shall report its finding to the Governor no later
 2868  than 6 months prior to the expiration of the judge’s term of
 2869  office. The Governor shall review the commission’s report and
 2870  may reappoint the judge for an additional 4-year term. If the
 2871  Governor does not reappoint the judge, the Governor shall inform
 2872  the commission. The judge shall remain in office until the
 2873  Governor has appointed a successor judge in accordance with
 2874  paragraphs (a) and (b). If a vacancy occurs during a judge’s
 2875  unexpired term, the statewide nominating commission does not
 2876  find the judge’s performance is satisfactory, or the Governor
 2877  does not reappoint the judge, the Governor shall appoint a
 2878  successor judge for a term of 4 years in accordance with
 2879  paragraph (b).
 2880         Reviser’s note.—Amended to delete obsolete language.
 2881         Section 80. Section 455.2286, Florida Statutes, is amended
 2882  to read:
 2883         455.2286 Automated information system.—By November 1, 2001,
 2884  The department shall implement an automated information system
 2885  for all certificateholders and registrants under part XII of
 2886  chapter 468, chapter 471, chapter 481, or chapter 489. The
 2887  system shall provide instant notification to local building
 2888  departments and other interested parties regarding the status of
 2889  the certification or registration. The provision of such
 2890  information shall consist, at a minimum, of an indication of
 2891  whether the certification or registration is active, of any
 2892  current failure to meet the terms of any final action by a
 2893  licensing authority, of any ongoing disciplinary cases that are
 2894  subject to public disclosure, whether there are any outstanding
 2895  fines, and of the reporting of any material violations pursuant
 2896  to s. 553.781. The system shall also retain information
 2897  developed by the department and local governments on individuals
 2898  found to be practicing or contracting without holding the
 2899  applicable license, certification, or registration required by
 2900  law. The system may be Internet-based.
 2901         Reviser’s note.—Amended to delete obsolete language.
 2902         Section 81. Paragraph (c) of subsection (3) of section
 2903  458.348, Florida Statutes, is amended to read:
 2904         458.348 Formal supervisory relationships, standing orders,
 2905  and established protocols; notice; standards.—
 2906         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.—A
 2907  physician who supervises an advanced practice registered nurse
 2908  or physician assistant at a medical office other than the
 2909  physician’s primary practice location, where the advanced
 2910  practice registered nurse or physician assistant is not under
 2911  the onsite supervision of a supervising physician, must comply
 2912  with the standards set forth in this subsection. For the purpose
 2913  of this subsection, a physician’s “primary practice location”
 2914  means the address reflected on the physician’s profile published
 2915  pursuant to s. 456.041.
 2916         (c) A physician who supervises an advanced practice
 2917  registered nurse or physician assistant at a medical office
 2918  other than the physician’s primary practice location, where the
 2919  advanced practice registered nurse or physician assistant is not
 2920  under the onsite supervision of a supervising physician and the
 2921  services offered at the office are primarily dermatologic or
 2922  skin care services, which include aesthetic skin care services
 2923  other than plastic surgery, must comply with the standards
 2924  listed in subparagraphs 1.-4. Notwithstanding s.
 2925  458.347(4)(e)6., a physician supervising a physician assistant
 2926  pursuant to this paragraph may not be required to review and
 2927  cosign charts or medical records prepared by such physician
 2928  assistant.
 2929         1. The physician shall submit to the board the addresses of
 2930  all offices where he or she is supervising an advanced practice
 2931  registered nurse or a physician’s assistant which are not the
 2932  physician’s primary practice location.
 2933         2. The physician must be board certified or board eligible
 2934  in dermatology or plastic surgery as recognized by the board
 2935  pursuant to s. 458.3312.
 2936         3. All such offices that are not the physician’s primary
 2937  place of practice must be within 25 miles of the physician’s
 2938  primary place of practice or in a county that is contiguous to
 2939  the county of the physician’s primary place of practice.
 2940  However, the distance between any of the offices may not exceed
 2941  75 miles.
 2942         4. The physician may supervise only one office other than
 2943  the physician’s primary place of practice except that until July
 2944  1, 2011, the physician may supervise up to two medical offices
 2945  other than the physician’s primary place of practice if the
 2946  addresses of the offices are submitted to the board before July
 2947  1, 2006. Effective July 1, 2011, the physician may supervise
 2948  only one office other than the physician’s primary place of
 2949  practice, regardless of when the addresses of the offices were
 2950  submitted to the board.
 2951         Reviser’s note.—Amended to delete obsolete language.
 2952         Section 82. Paragraph (c) of subsection (3) of section
 2953  459.025, Florida Statutes, is amended to read:
 2954         459.025 Formal supervisory relationships, standing orders,
 2955  and established protocols; notice; standards.—
 2956         (3) SUPERVISORY RELATIONSHIPS IN MEDICAL OFFICE SETTINGS.
 2957  An osteopathic physician who supervises an advanced practice
 2958  registered nurse or physician assistant at a medical office
 2959  other than the osteopathic physician’s primary practice
 2960  location, where the advanced practice registered nurse or
 2961  physician assistant is not under the onsite supervision of a
 2962  supervising osteopathic physician, must comply with the
 2963  standards set forth in this subsection. For the purpose of this
 2964  subsection, an osteopathic physician’s “primary practice
 2965  location” means the address reflected on the physician’s profile
 2966  published pursuant to s. 456.041.
 2967         (c) An osteopathic physician who supervises an advanced
 2968  practice registered nurse or physician assistant at a medical
 2969  office other than the osteopathic physician’s primary practice
 2970  location, where the advanced practice registered nurse or
 2971  physician assistant is not under the onsite supervision of a
 2972  supervising osteopathic physician and the services offered at
 2973  the office are primarily dermatologic or skin care services,
 2974  which include aesthetic skin care services other than plastic
 2975  surgery, must comply with the standards listed in subparagraphs
 2976  1.-4. Notwithstanding s. 459.022(4)(e)6., an osteopathic
 2977  physician supervising a physician assistant pursuant to this
 2978  paragraph may not be required to review and cosign charts or
 2979  medical records prepared by such physician assistant.
 2980         1. The osteopathic physician shall submit to the Board of
 2981  Osteopathic Medicine the addresses of all offices where he or
 2982  she is supervising or has a protocol with an advanced practice
 2983  registered nurse or a physician assistant which are not the
 2984  osteopathic physician’s primary practice location.
 2985         2. The osteopathic physician must be board certified or
 2986  board eligible in dermatology or plastic surgery as recognized
 2987  by the Board of Osteopathic Medicine pursuant to s. 459.0152.
 2988         3. All such offices that are not the osteopathic
 2989  physician’s primary place of practice must be within 25 miles of
 2990  the osteopathic physician’s primary place of practice or in a
 2991  county that is contiguous to the county of the osteopathic
 2992  physician’s primary place of practice. However, the distance
 2993  between any of the offices may not exceed 75 miles.
 2994         4. The osteopathic physician may supervise only one office
 2995  other than the osteopathic physician’s primary place of practice
 2996  except that until July 1, 2011, the osteopathic physician may
 2997  supervise up to two medical offices other than the osteopathic
 2998  physician’s primary place of practice if the addresses of the
 2999  offices are submitted to the Board of Osteopathic Medicine
 3000  before July 1, 2006. Effective July 1, 2011, the osteopathic
 3001  physician may supervise only one office other than the
 3002  osteopathic physician’s primary place of practice, regardless of
 3003  when the addresses of the offices were submitted to the Board of
 3004  Osteopathic Medicine.
 3005         Reviser’s note.—Amended to delete obsolete language.
 3006         Section 83. Subsections (1) and (2) of section 459.026,
 3007  Florida Statutes, are amended to read:
 3008         459.026 Reports of adverse incidents in office practice
 3009  settings.—
 3010         (1) Any adverse incident that occurs on or after January 1,
 3011  2000, in any office maintained by an osteopathic physician for
 3012  the practice of osteopathic medicine which is not licensed under
 3013  chapter 395 must be reported to the department in accordance
 3014  with the provisions of this section.
 3015         (2) Any osteopathic physician or other licensee under this
 3016  chapter practicing in this state must notify the department if
 3017  the osteopathic physician or licensee was involved in an adverse
 3018  incident that occurred on or after January 1, 2000, in any
 3019  office maintained by an osteopathic physician for the practice
 3020  of osteopathic medicine which is not licensed under chapter 395.
 3021         Reviser’s note.—Amended to delete obsolete language.
 3022         Section 84. Subsection (2) of section 468.432, Florida
 3023  Statutes, is amended to read:
 3024         468.432 Licensure of community association managers and
 3025  community association management firms; exceptions.—
 3026         (2) As of January 1, 2009, A community association
 3027  management firm or other similar organization responsible for
 3028  the management of more than 10 units or a budget of $100,000 or
 3029  greater shall not engage or hold itself out to the public as
 3030  being able to engage in the business of community association
 3031  management in this state unless it is licensed by the department
 3032  as a community association management firm in accordance with
 3033  the provisions of this part.
 3034         (a) A community association management firm or other
 3035  similar organization desiring to be licensed as a community
 3036  association management firm shall apply to the department on a
 3037  form approved by the department, together with the application
 3038  and licensure fees required by s. 468.435(1)(a) and (c). Each
 3039  community association management firm applying for licensure
 3040  under this subsection must be actively registered and authorized
 3041  to do business in this state.
 3042         (b) Each applicant shall designate on its application a
 3043  licensed community association manager who shall be required to
 3044  respond to all inquiries from and investigations by the
 3045  department or division.
 3046         (c) Each licensed community association management firm
 3047  shall notify the department within 30 days after any change of
 3048  information contained in the application upon which licensure is
 3049  based.
 3050         (d) Community association management firm licenses shall
 3051  expire on September 30 of odd-numbered years and shall be
 3052  renewed every 2 years. An application for renewal shall be
 3053  accompanied by the renewal fee as required by s. 468.435(1)(d).
 3054         (e) The department shall license each applicant whom the
 3055  department certifies as meeting the requirements of this
 3056  subsection.
 3057         (f) If the license of at least one individual active
 3058  community association manager member is not in force, the
 3059  license of the community association management firm or other
 3060  similar organization is canceled automatically during that time.
 3061         (g) Any community association management firm or other
 3062  similar organization agrees by being licensed that it will
 3063  employ only licensed persons in the direct provision of
 3064  community association management services as described in s.
 3065  468.431(3).
 3066         Reviser’s note.—Amended to delete obsolete language.
 3067         Section 85. Subsection (9) of section 480.033, Florida
 3068  Statutes, is amended to read:
 3069         480.033 Definitions.—As used in this act:
 3070         (9) “Board-approved massage school” means a facility that
 3071  meets minimum standards for training and curriculum as
 3072  determined by rule of the board and that is licensed by the
 3073  Department of Education pursuant to chapter 1005 or the
 3074  equivalent licensing authority of another state or is within the
 3075  public school system of this state or a college or university
 3076  that is eligible to participate in the William L. Boyd, IV,
 3077  Effective Access to Student Education Florida Resident Access
 3078  Grant Program.
 3079         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 3080         Florida, which directed the Division of Law Revision and
 3081         Information “to substitute the term ‘Effective Access to
 3082         Student Education Grant Program’ for ‘Florida Resident
 3083         Access Grant Program’ and the term ‘Effective Access to
 3084         Student Education grant’ for ‘Florida resident access
 3085         grant’ wherever those terms appear in the Florida
 3086         Statutes.”
 3087         Section 86. Subsection (7) of section 483.285, Florida
 3088  Statutes, is amended to read:
 3089         483.285 Application of part; exemptions.—This part applies
 3090  to all multiphasic health testing centers within the state, but
 3091  does not apply to:
 3092         (7) A clinical laboratory registered under part I.
 3093         Reviser’s note.—Amended to delete language relating to former
 3094         part I of chapter 483, which was repealed by s. 97, ch.
 3095         2018-24, Laws of Florida.
 3096         Section 87. Paragraph (n) of subsection (1) of section
 3097  491.012, Florida Statutes, is amended to read:
 3098         491.012 Violations; penalty; injunction.—
 3099         (1) It is unlawful and a violation of this chapter for any
 3100  person to:
 3101         (n) Effective October 1, 2000, Practice juvenile sexual
 3102  offender therapy in this state, as the practice is defined in s.
 3103  491.0144, for compensation, unless the person holds an active
 3104  license issued under this chapter and meets the requirements to
 3105  practice juvenile sexual offender therapy. An unlicensed person
 3106  may be employed by a program operated by or under contract with
 3107  the Department of Juvenile Justice or the Department of Children
 3108  and Families if the program employs a professional who is
 3109  licensed under chapter 458, chapter 459, s. 490.0145, or s.
 3110  491.0144 who manages or supervises the treatment services.
 3111         Reviser’s note.—Amended to delete obsolete language.
 3112         Section 88. Subsection (4) of section 501.011, Florida
 3113  Statutes, is amended to read:
 3114         501.011 Credit cards; unsolicited delivery or mailing
 3115  prohibited.—
 3116         (4) No credit card bearer shall be liable for the
 3117  unauthorized use of any credit card issued on an unsolicited
 3118  basis, after July 5, 1970.
 3119         Reviser’s note.—Amended to delete obsolete language.
 3120         Section 89. Subsection (9) of section 527.0201, Florida
 3121  Statutes, is amended to read:
 3122         527.0201 Qualifiers; master qualifiers; examinations.—
 3123         (9) If a duplicate license or duplicate qualifier or master
 3124  qualifier registration certificate is requested by the licensee,
 3125  a fee of $10 must be received before issuance of the duplicate
 3126  license or certificate.
 3127         Reviser’s note.—Amended to confirm the editorial insertion of
 3128         the word “or” to improve clarity.
 3129         Section 90. Subsection (9) of section 560.109, Florida
 3130  Statutes, is amended to read:
 3131         560.109 Examinations and investigations.—The office may
 3132  conduct examinations and investigations, within or outside this
 3133  state to determine whether a person has violated any provision
 3134  of this chapter and related rules, or of any practice or conduct
 3135  that creates the likelihood of material loss, insolvency, or
 3136  dissipation of the assets of a money services business or
 3137  otherwise materially prejudices the interests of their
 3138  customers.
 3139         (9) The office shall prepare and submit an annual report to
 3140  the President of the Senate and the Speaker of the House of
 3141  Representatives beginning January 1, 2009, through January 1,
 3142  2014, which includes:
 3143         (a) The total number of examinations and investigations
 3144  that resulted in a referral to a state or federal agency and the
 3145  disposition of each of those referrals by agency.
 3146         (b) The total number of initial referrals received from
 3147  another state or federal agency, the total number of
 3148  examinations and investigations opened as a result of referrals,
 3149  and the disposition of each of those cases.
 3150         (c) The number of examinations or investigations undertaken
 3151  by the office which were not the result of a referral from
 3152  another state agency or a federal agency.
 3153         (d) The total amount of fines assessed and collected by the
 3154  office as a result of an examination or investigation of
 3155  activities regulated under parts II and III of this chapter.
 3156         Reviser’s note.—Amended to delete obsolete language.
 3157         Section 91. Subsection (5) of section 578.08, Florida
 3158  Statutes, is amended to read:
 3159         578.08 Registrations.—
 3160         (5) When packet seed is sold, offered for sale, or exposed
 3161  for sale, the company that who packs seed for retail sale must
 3162  register and pay fees as provided under subsection (1).
 3163         Reviser’s note.—Amended to confirm the editorial substitution of
 3164         the word “that” for the word “who” to conform to context.
 3165         Section 92. Paragraph (f) of subsection (2) of section
 3166  578.11, Florida Statutes, is amended to read:
 3167         578.11 Duties, authority, and rules of the department.—
 3168         (2) The department is authorized to:
 3169         (f) Make commercial tests of seed and to fix and collect
 3170  charges for such tests.
 3171         Reviser’s note.—Amended to confirm the editorial deletion of the
 3172         word “to” to improve clarity.
 3173         Section 93. Paragraphs (d) and (e) of subsection (2) of
 3174  section 578.13, Florida Statutes, are amended to read:
 3175         578.13 Prohibitions.—
 3176         (2) It shall be unlawful for a person within this state to:
 3177         (d) Fail to comply with a stop-sale order or to move,
 3178  handle, or dispose of any lot of seed, or tags attached to such
 3179  seed, held under a “stop-sale” order, except with express
 3180  permission of the department and for the purpose specified by
 3181  the department.
 3182         (e) Label, advertise, or otherwise represent seed subject
 3183  to this chapter to be certified seed or any class thereof,
 3184  including classes such as “registered seed,” “foundation seed,”
 3185  “breeder seed” or similar representations, unless:
 3186         1. A seed certifying agency determines that such seed
 3187  conformed to standards of purity and identity identify as to the
 3188  kind, variety, or species and, if appropriate, subspecies and
 3189  the seed certifying agency also determines that tree or shrub
 3190  seed was found to be of the origin and elevation claimed, in
 3191  compliance with the rules and regulations of such agency
 3192  pertaining to such seed; and
 3193         2. The seed bears an official label issued for such seed by
 3194  a seed certifying agency certifying that the seed is of a
 3195  specified class and specified to the kind, variety, or species
 3196  and, if appropriate, subspecies.
 3197         Reviser’s note.—Paragraph (2)(d) is amended to confirm the
 3198         editorial deletion of the word “to” to improve clarity.
 3199         Paragraph (2)(e) is amended to confirm the editorial
 3200         substitution of the word “identity” for the word “identify”
 3201         to conform to context.
 3202         Section 94. Paragraphs (b) and (g) of subsection (1) of
 3203  section 590.02, Florida Statutes, are amended to read:
 3204         590.02 Florida Forest Service; powers, authority, and
 3205  duties; liability; building structures; Withlacoochee Training
 3206  Center.—
 3207         (1) The Florida Forest Service has the following powers,
 3208  authority, and duties to:
 3209         (b) Prevent, detect, and suppress wildfires wherever they
 3210  may occur on public or private land in this state and to do all
 3211  things necessary in the exercise of such powers, authority, and
 3212  duties;
 3213         (g) Provide fire management services and emergency response
 3214  assistance and to set and charge reasonable fees for performance
 3215  of those services. Moneys collected from such fees shall be
 3216  deposited into the Incidental Trust Fund of the Florida Forest
 3217  Service;
 3218         Reviser’s note.—Amended to confirm the editorial deletions of
 3219         the word “to” to improve clarity.
 3220         Section 95. Paragraph (a) of subsection (8) of section
 3221  624.509, Florida Statutes, is amended to read:
 3222         624.509 Premium tax; rate and computation.—
 3223         (8) The premium tax authorized by this section may not be
 3224  imposed on:
 3225         (a) Any portion of the title insurance premium, as defined
 3226  in s. 627.7711, retained by a title insurance agent or agency.
 3227  It is the intent of the Legislature that this exemption be
 3228  contingent on title insurers adding employees to their payroll.
 3229  This paragraph expires December 31, 2017, unless the Department
 3230  of Economic Opportunity determines that title insurers holding a
 3231  valid certificate of authority as of July 1, 2014, have added,
 3232  in aggregate, at least 600 Florida-based full-time equivalent
 3233  positions above those existing on July 1, 2014, including
 3234  positions obtained from a temporary employment agency or
 3235  employee leasing company or through a union agreement or
 3236  coemployment under a professional employer organization
 3237  agreement by July 1, 2017. For purposes of this paragraph, the
 3238  term “full-time equivalent position” means a position in which
 3239  the employee works an average of at least 36 hours per week each
 3240  month.
 3241         1. The Department of Economic Opportunity may verify
 3242  information provided by title insurers concerning additional
 3243  positions created with any appropriate agency or authority,
 3244  including the Department of Revenue.
 3245         2. To facilitate verification of additional positions
 3246  created by title insurers, the Department of Economic
 3247  Opportunity may provide a list of employees holding additional
 3248  positions created by title insurers to any appropriate agency or
 3249  authority, including the Department of Revenue.
 3250         3. The Department of Economic Opportunity shall submit such
 3251  determination to the President of the Senate, the Speaker of the
 3252  House of Representatives, and the Department of Revenue by
 3253  October 1, 2017.
 3254         Reviser’s note.—Amended to conform to the fact that the
 3255         Department of Economic Opportunity certified by letter to
 3256         the President of the Senate and the Speaker of the House of
 3257         Representatives that the title insurance taxable premium
 3258         reduction will not expire on December 31, 2017, per the
 3259         Department of Revenue’s Tax Information Publication No.
 3260         17B8-02, issued October 20, 2017.
 3261         Section 96. Subsection (2) of section 627.40951, Florida
 3262  Statutes, is amended to read:
 3263         627.40951 Standard personal lines residential insurance
 3264  policy.—
 3265         (2)The Chief Financial Officer shall appoint an advisory
 3266  committee composed of two representatives of insurers currently
 3267  selling personal lines residential property insurance coverage,
 3268  two representatives of property and casualty agents, two
 3269  representatives of consumers, two representatives of the
 3270  Commissioner of Insurance Regulation, and the Insurance Consumer
 3271  Advocate or her or his designee. The Chief Financial Officer or
 3272  her or his designee shall serve as chair of the committee. The
 3273  committee shall develop policy language for coverage that
 3274  represents general industry standards in the market for
 3275  comprehensive coverage under personal lines residential
 3276  insurance policies and shall develop a checklist to be used with
 3277  each type of personal lines residential property insurance
 3278  policy. The committee shall review policies and related forms
 3279  written by Insurance Services Office, Inc. The committee shall
 3280  file a report containing its recommendations to the President of
 3281  the Senate and the Speaker of the House of Representatives by
 3282  January 15, 2006. No insurer shall be required to offer the
 3283  standard policy unless required by further act of the
 3284  Legislature.
 3285         Reviser’s note.—Amended to conform to the fact that the advisory
 3286         committee no longer exists.
 3287         Section 97. Section 627.746, Florida Statutes, is amended
 3288  to read:
 3289         627.746 Coverage for minors who have a learner’s driver
 3290  license; additional premium prohibited.—An insurer that issues
 3291  an insurance policy on a private passenger motor vehicle to a
 3292  named insured who is a caregiver of a minor who is under the age
 3293  of 18 years and is in out-of-home care as defined in s.
 3294  39.01(55) 39.01(49) may not charge an additional premium for
 3295  coverage of the minor while the minor is operating the insured
 3296  vehicle, for the period of time that the minor has a learner’s
 3297  driver license, until such time as the minor obtains a driver
 3298  license.
 3299         Reviser’s note.—Amended to conform to the redesignation of
 3300         subsections in s. 39.01 by s. 1, ch. 2018-103, Laws of
 3301         Florida. Section 39.01(55) defines the term “out-of-home”
 3302         for placement purposes; subsection (49) defines the term
 3303         “necessary medical treatment.”
 3304         Section 98. Subsection (9) of section 634.436, Florida
 3305  Statutes, is amended to read:
 3306         634.436 Unfair methods of competition and unfair or
 3307  deceptive acts or practices defined.—The following methods,
 3308  acts, or practices are defined as unfair methods of competition
 3309  and unfair or deceptive acts or practices:
 3310         (9) FAILURE TO PROVIDE TERMS AND CONDITIONS PRIOR TO SALE.
 3311  Failing to provide a consumer with a complete sample copy of the
 3312  terms and conditions of the service warranty prior to before the
 3313  time of sale upon a request for the same by the consumer. A
 3314  service warranty association may comply with this subsection by
 3315  providing the consumer with a sample copy of the terms and
 3316  conditions of the warranty contract or by directing the consumer
 3317  to a website that displays a complete sample of the terms and
 3318  conditions of the contract.
 3319         Reviser’s note.—Amended to improve clarity.
 3320         Section 99. Paragraph (b) of subsection (2) of section
 3321  641.3107, Florida Statutes, is amended to read:
 3322         641.3107 Delivery of contract; definitions.—
 3323         (2) As used in s. 627.421, the term:
 3324         (b) “Insured” includes a subscriber or, in the case of a
 3325  group health maintenance contract, to the employer or other
 3326  person who will hold the contract on behalf of the subscriber
 3327  group.
 3328         Reviser’s note.—Amended to confirm the editorial deletion of the
 3329         word “to” to improve clarity.
 3330         Section 100. Paragraph (b) of subsection (3) of section
 3331  641.511, Florida Statutes, is amended to read:
 3332         641.511 Subscriber grievance reporting and resolution
 3333  requirements.—
 3334         (3) Each organization’s grievance procedure, as required
 3335  under subsection (1), must include, at a minimum:
 3336         (b) The names of the appropriate employees or a list of
 3337  grievance departments that are responsible for implementing the
 3338  organization’s grievance procedure. The list must include the
 3339  address and the toll-free telephone number of each grievance
 3340  department, and the address of the agency and its toll-free
 3341  telephone hotline number, and the address of the Subscriber
 3342  Assistance Program and its toll-free telephone number.
 3343         Reviser’s note.—Amended to conform to the repeal of s. 408.7056,
 3344         which established the Subscriber Assistance Program, by s.
 3345         67, ch. 2018-24, Laws of Florida.
 3346         Section 101. Subsection (1) of section 655.825, Florida
 3347  Statutes, is amended to read:
 3348         655.825 Deposits in trust; applicability of s. 655.82 in
 3349  place of former s. 655.81.—
 3350         (1) Because deposits in trust are also accounts with a pay
 3351  on-death designation as described in s. 655.82, it is the intent
 3352  of the Legislature that the provisions of s. 655.82 shall apply
 3353  to and govern deposits in trust. References to former s. 655.81
 3354  in any depository agreement shall be interpreted after the
 3355  effective date of this act as references to s. 655.82.
 3356         Reviser’s note.—Amended to confirm the editorial insertion of
 3357         the word “former” to conform to the repeal of s. 655.81 by
 3358         s. 20, ch. 2001-243, Laws of Florida.
 3359         Section 102. Subsection (2) of section 718.121, Florida
 3360  Statutes, is amended to read:
 3361         718.121 Liens.—
 3362         (2) Labor performed on or materials furnished to a unit
 3363  shall not be the basis for the filing of a lien pursuant to part
 3364  I of chapter 713, the Construction Lien Law, against the unit or
 3365  condominium parcel of any unit owner not expressly consenting to
 3366  or requesting the labor or materials. Labor performed on or
 3367  materials furnished for the installation of an electronic
 3368  vehicle charging station pursuant to s. 718.113(8) may not be
 3369  the basis for filing a lien under part I of chapter 713 against
 3370  the association, but such a lien may be filed against the unit
 3371  owner. Labor performed on or materials furnished to the common
 3372  elements are not the basis for a lien on the common elements,
 3373  but if authorized by the association, the labor or materials are
 3374  deemed to be performed or furnished with the express consent of
 3375  each unit owner and may be the basis for the filing of a lien
 3376  against all condominium parcels in the proportions for which the
 3377  owners are liable for common expenses.
 3378         Reviser’s note.—Amended to confirm the editorial insertion of
 3379         the word “be” to improve clarity.
 3380         Section 103. Subsection (4) of section 736.0403, Florida
 3381  Statutes, is amended to read:
 3382         736.0403 Trusts created in other jurisdictions; formalities
 3383  required for revocable trusts.—
 3384         (4) Paragraph (2)(b) applies to trusts created on or after
 3385  the effective date of this code. Former s. 737.111, as in effect
 3386  prior to the effective date of this code, continues to apply to
 3387  trusts created before the effective date of this code.
 3388         Reviser’s note.—Amended to confirm the editorial insertion of
 3389         the word “Former” to conform to the repeal of s. 737.111 by
 3390         s. 48, ch. 2006-217, Laws of Florida.
 3391         Section 104. Subsection (2) of section 825.101, Florida
 3392  Statutes, is amended to read:
 3393         825.101 Definitions.—As used in this chapter:
 3394         (2) “Caregiver” means a person who has been entrusted with
 3395  or has assumed responsibility for the care or the property of an
 3396  elderly person or disabled adult. “Caregiver” includes, but is
 3397  not limited to, relatives, court-appointed or voluntary
 3398  guardians, adult household members, neighbors, health care
 3399  providers, and employees and volunteers of facilities as defined
 3400  in subsection (7) (6).
 3401         Reviser’s note.—Amended to conform to the redesignation of
 3402         subsections in s. 825.101 by s. 1, ch. 2018-100, Laws of
 3403         Florida. Subsection (7) defines the word “facility”;
 3404         subsection (6) defines the word “exploitation.”
 3405         Section 105. Paragraph (a) of subsection (6) of section
 3406  893.055, Florida Statutes, is amended to read:
 3407         893.055 Prescription drug monitoring program.—
 3408         (6) The department may enter into one or more reciprocal
 3409  agreements or contracts to share prescription drug monitoring
 3410  information with other states, districts, or territories if the
 3411  prescription drug monitoring programs of such other states,
 3412  districts, or territories are compatible with the Florida
 3413  program.
 3414         (a) In determining compatibility, the department shall
 3415  consider:
 3416         1. The safeguards for privacy of patient records and the
 3417  success of the program in protecting patient privacy.
 3418         2. The persons authorized to view the data collected by the
 3419  program. Comparable entities and licensed health care
 3420  practitioners in other states, districts, or territories of the
 3421  United States; law enforcement agencies; the Attorney General’s
 3422  Medicaid Fraud Control Unit; medical regulatory boards; and, as
 3423  needed, management staff who that have similar duties as
 3424  management staff who work with the prescription drug monitoring
 3425  program as authorized in s. 893.0551 are authorized access upon
 3426  approval by the department.
 3427         3. The schedules of the controlled substances that are
 3428  monitored by the program.
 3429         4. The data reported to or included in the program’s
 3430  system.
 3431         5. Any implementing criteria deemed essential for a
 3432  thorough comparison.
 3433         6. The costs and benefits to the state of sharing
 3434  prescription information.
 3435         Reviser’s note.—Amended to confirm the editorial substitution of
 3436         the word “who” for the word “that” to conform to context.
 3437         Section 106. Subsection (6) of section 893.0551, Florida
 3438  Statutes, is amended to read:
 3439         893.0551 Public records exemption for the prescription drug
 3440  monitoring program.—
 3441         (6) An agency or person who obtains any information
 3442  pursuant to this section must maintain the confidential and
 3443  exempt status of that information and may not disclose such
 3444  information unless authorized by law. Information shared with a
 3445  state attorney pursuant to paragraph (3)(e) or paragraph (3)(f)
 3446  or paragraph (3)(h) may be released only in response to a
 3447  discovery demand if such information is directly related to the
 3448  criminal case for which the information was requested. Unrelated
 3449  information may be released only upon an order of a court of
 3450  competent jurisdiction.
 3451         Reviser’s note.—Amended to correct an apparent error and conform
 3452         to context. Prior to the amendment of s. 893.0551 by s. 11,
 3453         ch. 2018-13, Laws of Florida, the reference was to
 3454         “paragraph (3)(a) or paragraph (3)(c).” Pursuant to the
 3455         amendment, former paragraph (3)(a) is now paragraph (3)(e),
 3456         and former paragraph (3)(c) is now paragraph (3)(f).
 3457         Section 107. Subsection (7) of section 893.13, Florida
 3458  Statutes, is reenacted to read:
 3459         893.13 Prohibited acts; penalties.—
 3460         (7)(a) A person may not:
 3461         1. Distribute or dispense a controlled substance in
 3462  violation of this chapter.
 3463         2. Refuse or fail to make, keep, or furnish any record,
 3464  notification, order form, statement, invoice, or information
 3465  required under this chapter.
 3466         3. Refuse entry into any premises for any inspection or
 3467  refuse to allow any inspection authorized by this chapter.
 3468         4. Distribute a controlled substance named or described in
 3469  s. 893.03(1) or (2) except pursuant to an order form as required
 3470  by s. 893.06.
 3471         5. Keep or maintain any store, shop, warehouse, dwelling,
 3472  building, vehicle, boat, aircraft, or other structure or place
 3473  which is resorted to by persons using controlled substances in
 3474  violation of this chapter for the purpose of using these
 3475  substances, or which is used for keeping or selling them in
 3476  violation of this chapter.
 3477         6. Use to his or her own personal advantage, or reveal, any
 3478  information obtained in enforcement of this chapter except in a
 3479  prosecution or administrative hearing for a violation of this
 3480  chapter.
 3481         7. Possess a prescription form unless it has been signed by
 3482  the practitioner whose name appears printed thereon and
 3483  completed. This subparagraph does not apply if the person in
 3484  possession of the form is the practitioner whose name appears
 3485  printed thereon, an agent or employee of that practitioner, a
 3486  pharmacist, or a supplier of prescription forms who is
 3487  authorized by that practitioner to possess those forms.
 3488         8. Withhold information from a practitioner from whom the
 3489  person seeks to obtain a controlled substance or a prescription
 3490  for a controlled substance that the person making the request
 3491  has received a controlled substance or a prescription for a
 3492  controlled substance of like therapeutic use from another
 3493  practitioner within the previous 30 days.
 3494         9. Acquire or obtain, or attempt to acquire or obtain,
 3495  possession of a controlled substance by misrepresentation,
 3496  fraud, forgery, deception, or subterfuge.
 3497         10. Affix any false or forged label to a package or
 3498  receptacle containing a controlled substance.
 3499         11. Furnish false or fraudulent material information in, or
 3500  omit any material information from, any report or other document
 3501  required to be kept or filed under this chapter or any record
 3502  required to be kept by this chapter.
 3503         12. Store anhydrous ammonia in a container that is not
 3504  approved by the United States Department of Transportation to
 3505  hold anhydrous ammonia or is not constructed in accordance with
 3506  sound engineering, agricultural, or commercial practices.
 3507         13. With the intent to obtain a controlled substance or
 3508  combination of controlled substances that are not medically
 3509  necessary for the person or an amount of a controlled substance
 3510  or substances that is not medically necessary for the person,
 3511  obtain or attempt to obtain from a practitioner a controlled
 3512  substance or a prescription for a controlled substance by
 3513  misrepresentation, fraud, forgery, deception, subterfuge, or
 3514  concealment of a material fact. For purposes of this
 3515  subparagraph, a material fact includes whether the person has an
 3516  existing prescription for a controlled substance issued for the
 3517  same period of time by another practitioner or as described in
 3518  subparagraph 8.
 3519         (b) A health care practitioner, with the intent to provide
 3520  a controlled substance or combination of controlled substances
 3521  that are not medically necessary to his or her patient or an
 3522  amount of controlled substances that is not medically necessary
 3523  for his or her patient, may not provide a controlled substance
 3524  or a prescription for a controlled substance by
 3525  misrepresentation, fraud, forgery, deception, subterfuge, or
 3526  concealment of a material fact. For purposes of this paragraph,
 3527  a material fact includes whether the patient has an existing
 3528  prescription for a controlled substance issued for the same
 3529  period of time by another practitioner or as described in
 3530  subparagraph (a)8.
 3531         (c) A person who violates subparagraphs (a)1.-6. commits a
 3532  misdemeanor of the first degree, punishable as provided in s.
 3533  775.082 or s. 775.083, except that, upon a second or subsequent
 3534  violation, the person commits a felony of the third degree,
 3535  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 3536         (d) A person who violates subparagraphs (a)7.-12. commits a
 3537  felony of the third degree, punishable as provided in s.
 3538  775.082, s. 775.083, or s. 775.084.
 3539         (e) A person or health care practitioner who violates the
 3540  provisions of subparagraph (a)13. or paragraph (b) commits a
 3541  felony of the second degree, punishable as provided in s.
 3542  775.082, s. 775.083, or s. 775.084, if any controlled substance
 3543  that is the subject of the offense is listed in Schedule II,
 3544  Schedule III, or Schedule IV.
 3545         Reviser’s note.—Section 12, ch. 2018-13, Laws of Florida,
 3546         purported to amend subsection (7), but did not publish
 3547         paragraphs (a)-(d). Absent affirmative evidence of
 3548         legislative intent to repeal the omitted paragraphs,
 3549         subsection (7) is reenacted to confirm the omission was not
 3550         intended.
 3551         Section 108. Paragraphs (r) and (y) of subsection (2) and
 3552  paragraph (a) of subsection (3) of section 900.05, Florida
 3553  Statutes, are amended to read:
 3554         900.05 Criminal justice data collection.—
 3555         (2) DEFINITIONS.—As used in this section, the term:
 3556         (r) “Gain-time credit earned” means a credit of time
 3557  awarded to an inmate in a county detention facility in
 3558  accordance with s. 951.21 951.22 or a state correctional
 3559  institution or facility in accordance with s. 944.275.
 3560         (y) “Sexual offender flag” means an indication that a
 3561  defendant is required to register as a sexual predator as
 3562  defined in s. 775.21 or as a sexual offender as defined in s.
 3563  943.0435.
 3564         (3) DATA COLLECTION AND REPORTING.—Beginning January 1,
 3565  2019, an entity required to collect data in accordance with this
 3566  subsection shall collect the specified data required of the
 3567  entity on a biweekly basis. Each entity shall report the data
 3568  collected in accordance with this subsection to the Department
 3569  of Law Enforcement on a monthly basis.
 3570         (a) Clerk of the court.—Each clerk of court shall collect
 3571  the following data for each criminal case:
 3572         1. Case number.
 3573         2. Date that the alleged offense occurred.
 3574         3. County in which the offense is alleged to have occurred.
 3575         4. Date the defendant is taken into physical custody by a
 3576  law enforcement agency or is issued a notice to appear on a
 3577  criminal charge, if such date is different from the date the
 3578  offense is alleged to have occurred.
 3579         5. Date that the criminal prosecution of a defendant is
 3580  formally initiated through the filing, with the clerk of the
 3581  court, of an information by the state attorney or an indictment
 3582  issued by a grand jury.
 3583         6. Arraignment date.
 3584         7. Attorney assignment date.
 3585         8. Attorney withdrawal date.
 3586         9. Case status.
 3587         10. Disposition date.
 3588         11. Information related to each defendant, including:
 3589         a. Identifying information, including name, date of birth,
 3590  age, race or ethnicity, and gender.
 3591         b. Zip code of primary residence.
 3592         c. Primary language.
 3593         d. Citizenship.
 3594         e. Immigration status, if applicable.
 3595         f. Whether the defendant has been found by a court to be
 3596  indigent pursuant to s. 27.52.
 3597         12. Information related to the formal charges filed against
 3598  the defendant, including:
 3599         a. Charge description.
 3600         b. Charge modifier, if applicable.
 3601         c. Drug type for each drug charge, if known.
 3602         d. Qualification for a flag designation as defined in this
 3603  section, including a domestic violence flag, gang affiliation
 3604  flag, sexual offender flag, habitual offender flag, or pretrial
 3605  release violation flag.
 3606         13. Information related to bail or bond and pretrial
 3607  release determinations, including the dates of any such
 3608  determinations:
 3609         a. Pretrial release determination made at a first
 3610  appearance hearing that occurs within 24 hours of arrest,
 3611  including all monetary and nonmonetary conditions of release.
 3612         b. Modification of bail or bond conditions made by a court
 3613  having jurisdiction to try the defendant or, in the absence of
 3614  the judge of the trial court, by the circuit court, including
 3615  modifications to any monetary and nonmonetary conditions of
 3616  release.
 3617         c. Cash bail or bond payment, including whether the
 3618  defendant utilized a bond agent to post a surety bond.
 3619         d. Date defendant is released on bail, bond, or pretrial
 3620  release.
 3621         e. Bail or bond revocation due to a new offense, a failure
 3622  to appear, or a violation of the terms of bail or bond, if
 3623  applicable.
 3624         14. Information related to court dates and dates of motions
 3625  and appearances, including:
 3626         a. Date of any court appearance and the type of proceeding
 3627  scheduled for each date reported.
 3628         b. Date of any failure to appear in court, if applicable.
 3629         c. Judicial transfer date, if applicable.
 3630         d. Trial date.
 3631         e. Date that a defendant files a notice to participate in
 3632  discovery.
 3633         f. Speedy trial motion and hearing dates, if applicable.
 3634         g. Dismissal motion and hearing dates, if applicable.
 3635         15. Defense attorney type.
 3636         16. Information related to sentencing, including:
 3637         a. Date that a court enters a sentence against a defendant.
 3638         b. Charge sentenced to, including charge sequence number,
 3639  charge description, statute, type, and charge class severity.
 3640         c. Sentence type and length imposed by the court,
 3641  including, but not limited to, the total duration of
 3642  imprisonment in a county detention facility or state
 3643  correctional institution or facility, and conditions of
 3644  probation or community control supervision.
 3645         d. Amount of time served in custody by the defendant
 3646  related to the reported criminal case that is credited at the
 3647  time of disposition of the case to reduce the actual length of
 3648  time the defendant will serve on the term of imprisonment that
 3649  is ordered by the court at disposition.
 3650         e. Total amount of court fees imposed by the court at the
 3651  disposition of the case.
 3652         f. Outstanding balance of the defendant’s court fees
 3653  imposed by the court at disposition of the case.
 3654         g. Total amount of fines imposed by the court at the
 3655  disposition of the case.
 3656         h. Outstanding balance of the defendant’s fines imposed by
 3657  the court at disposition of the case.
 3658         i. Restitution amount ordered, including the amount
 3659  collected by the court and the amount paid to the victim, if
 3660  applicable.
 3661         j. Digitized sentencing scoresheet prepared in accordance
 3662  with s. 921.0024.
 3663         17. The number of judges or magistrates, or their
 3664  equivalents, hearing cases in circuit or county criminal
 3665  divisions of the circuit court. Judges or magistrates, or their
 3666  equivalents, who solely hear appellate cases from the county
 3667  criminal division are not to be reported under this
 3668  subparagraph.
 3669         Reviser’s note.—Paragraph (2)(r) is amended to correct an
 3670         erroneous cross-reference. Section 951.21 relates to gain
 3671         time for good conduct for county prisoners; s. 951.22
 3672         relates to articles of contraband in county detention
 3673         facilities. Paragraph (2)(y) is amended to confirm the
 3674         editorial insertion of the word “is” to improve clarity.
 3675         Paragraph (3)(a) is amended to confirm the editorial
 3676         insertion of the word “of” to improve clarity.
 3677         Section 109. Paragraph (c) of subsection (1) of section
 3678  934.255, Florida Statutes, is amended to read:
 3679         934.255 Subpoenas in investigations of sexual offenses.—
 3680         (1) As used in this section, the term:
 3681         (c) “Sexual abuse of a child” means a criminal offense
 3682  based on any conduct described in s. 39.01(77) 39.01(71).
 3683         Reviser’s note.—Amended to conform to the redesignation of
 3684         subsections within s. 39.01 by s. 1, ch. 2018-103, Laws of
 3685         Florida. Section 39.01(77) defines the term “sexual abuse
 3686         of a child”; s. 39.01(71) defines the term “protective
 3687         supervision.”
 3688         Section 110. Paragraph (a) of subsection (2) of section
 3689  943.0585, Florida Statutes, is amended to read:
 3690         943.0585 Court-ordered expunction of criminal history
 3691  records.—The courts of this state have jurisdiction over their
 3692  own procedures, including the maintenance, expunction, and
 3693  correction of judicial records containing criminal history
 3694  information to the extent such procedures are not inconsistent
 3695  with the conditions, responsibilities, and duties established by
 3696  this section. Any court of competent jurisdiction may order a
 3697  criminal justice agency to expunge the criminal history record
 3698  of a minor or an adult who complies with the requirements of
 3699  this section. The court shall not order a criminal justice
 3700  agency to expunge a criminal history record until the person
 3701  seeking to expunge a criminal history record has applied for and
 3702  received a certificate of eligibility for expunction pursuant to
 3703  subsection (2) or subsection (5). A criminal history record that
 3704  relates to a violation of s. 393.135, s. 394.4593, s. 787.025,
 3705  chapter 794, former s. 796.03, s. 800.04, s. 810.14, s. 817.034,
 3706  s. 825.1025, s. 827.071, chapter 839, s. 847.0133, s. 847.0135,
 3707  s. 847.0145, s. 893.135, s. 916.1075, a violation enumerated in
 3708  s. 907.041, or any violation specified as a predicate offense
 3709  for registration as a sexual predator pursuant to s. 775.21,
 3710  without regard to whether that offense alone is sufficient to
 3711  require such registration, or for registration as a sexual
 3712  offender pursuant to s. 943.0435, may not be expunged, without
 3713  regard to whether adjudication was withheld, if the defendant
 3714  was found guilty of or pled guilty or nolo contendere to the
 3715  offense, or if the defendant, as a minor, was found to have
 3716  committed, or pled guilty or nolo contendere to committing, the
 3717  offense as a delinquent act. The court may only order expunction
 3718  of a criminal history record pertaining to one arrest or one
 3719  incident of alleged criminal activity, except as provided in
 3720  this section. The court may, at its sole discretion, order the
 3721  expunction of a criminal history record pertaining to more than
 3722  one arrest if the additional arrests directly relate to the
 3723  original arrest. If the court intends to order the expunction of
 3724  records pertaining to such additional arrests, such intent must
 3725  be specified in the order. A criminal justice agency may not
 3726  expunge any record pertaining to such additional arrests if the
 3727  order to expunge does not articulate the intention of the court
 3728  to expunge a record pertaining to more than one arrest. This
 3729  section does not prevent the court from ordering the expunction
 3730  of only a portion of a criminal history record pertaining to one
 3731  arrest or one incident of alleged criminal activity.
 3732  Notwithstanding any law to the contrary, a criminal justice
 3733  agency may comply with laws, court orders, and official requests
 3734  of other jurisdictions relating to expunction, correction, or
 3735  confidential handling of criminal history records or information
 3736  derived therefrom. This section does not confer any right to the
 3737  expunction of any criminal history record, and any request for
 3738  expunction of a criminal history record may be denied at the
 3739  sole discretion of the court.
 3740         (2) CERTIFICATE OF ELIGIBILITY FOR EXPUNCTION.—Prior to
 3741  petitioning the court to expunge a criminal history record, a
 3742  person seeking to expunge a criminal history record shall apply
 3743  to the department for a certificate of eligibility for
 3744  expunction. The department shall, by rule adopted pursuant to
 3745  chapter 120, establish procedures pertaining to the application
 3746  for and issuance of certificates of eligibility for expunction.
 3747  A certificate of eligibility for expunction is valid for 12
 3748  months after the date stamped on the certificate when issued by
 3749  the department. After that time, the petitioner must reapply to
 3750  the department for a new certificate of eligibility. Eligibility
 3751  for a renewed certification of eligibility must be based on the
 3752  status of the applicant and the law in effect at the time of the
 3753  renewal application. The department shall issue a certificate of
 3754  eligibility for expunction to a person who is the subject of a
 3755  criminal history record if that person:
 3756         (a) Has obtained, and submitted to the department, a
 3757  written, certified statement from the appropriate state attorney
 3758  or statewide prosecutor which indicates:
 3759         1. That an indictment, information, or other charging
 3760  document was not filed or issued in the case.
 3761         2. That an indictment, information, or other charging
 3762  document, if filed or issued in the case, was dismissed or nolle
 3763  prosequi by the state attorney or statewide prosecutor, or was
 3764  dismissed by a court of competent jurisdiction, or that a
 3765  judgment of acquittal was rendered by a judge, or that a verdict
 3766  of not guilty was rendered by a judge or jury.
 3767         3. That the criminal history record does not relate to a
 3768  violation of s. 393.135, s. 394.4593, s. 787.025, chapter 794,
 3769  former s. 796.03, s. 800.04, s. 810.14, s. 817.034, s. 825.1025,
 3770  s. 827.071, chapter 839, s. 847.0133, s. 847.0135, s. 847.0145,
 3771  s. 893.135, s. 916.1075, a violation enumerated in s. 907.041,
 3772  or any violation specified as a predicate offense for
 3773  registration as a sexual predator pursuant to s. 775.21, without
 3774  regard to whether that offense alone is sufficient to require
 3775  such registration, or for registration as a sexual offender
 3776  pursuant to s. 943.0435, where the defendant was found guilty
 3777  of, or pled guilty or nolo contendere to any such offense, or
 3778  that the defendant, as a minor, was found to have committed, or
 3779  pled guilty or nolo contendere to committing, such an offense as
 3780  a delinquent act, without regard to whether adjudication was
 3781  withheld.
 3782         Reviser’s note.—Amended to confirm the editorial deletion of the
 3783         comma and restoration of the word “or” after the words
 3784         “state attorney or statewide prosecutor” and the editorial
 3785         deletion of the word “or” after the words “court of
 3786         competent jurisdiction” to improve clarity.
 3787         Section 111. Subsection (4) of section 943.1758, Florida
 3788  Statutes, is amended to read:
 3789         943.1758 Curriculum revision for diverse populations;
 3790  skills training.—
 3791         (4) By October 1, 2001, The instruction in the subject of
 3792  interpersonal skills relating to diverse populations shall
 3793  consist of a module developed by the commission on the topic of
 3794  discriminatory profiling.
 3795         Reviser’s note.—Amended to delete obsolete language.
 3796         Section 112. Subsection (1) of section 944.115, Florida
 3797  Statutes, is amended to read:
 3798         944.115 Smoking prohibited inside state correctional
 3799  facilities.—
 3800         (1) The purpose of this section is to protect the health,
 3801  comfort, and environment of employees of the Department of
 3802  Corrections, employees of privately operated correctional
 3803  facilities, and inmates by prohibiting inmates from using
 3804  tobacco products inside any office or building within state
 3805  correctional facilities, and by ensuring that employees and
 3806  visitors do not use tobacco products inside any office or
 3807  building within state correctional facilities. Scientific
 3808  evidence links the use of tobacco products with numerous
 3809  significant health risks. The use of tobacco products by
 3810  inmates, employees, or visitors is contrary to efforts by the
 3811  Department of Corrections to reduce the cost of inmate health
 3812  care and to limit unnecessary litigation. The Department of
 3813  Corrections and the private vendors operating correctional
 3814  facilities shall make smoking-cessation assistance available to
 3815  inmates in order to implement this section. The Department of
 3816  Corrections and the private vendors operating correctional
 3817  facilities shall implement this section as soon as possible, and
 3818  all provisions of this section must be fully implemented by
 3819  January 1, 2000.
 3820         Reviser’s note.—Amended to delete obsolete language.
 3821         Section 113. Subsection (10) of section 985.48, Florida
 3822  Statutes, is amended to read:
 3823         985.48 Juvenile sexual offender commitment programs; sexual
 3824  abuse intervention networks.—
 3825         (10) A Child Protection Team child protection team or the
 3826  state attorney in any judicial circuit may establish a sexual
 3827  abuse intervention network to assist in identifying,
 3828  investigating, prosecuting, treating, and preventing sexual
 3829  abuse with special emphasis on juvenile sexual offenders and
 3830  victims of sexual abuse.
 3831         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 3832         of Florida, which directed the Division of Law Revision and
 3833         Information to prepare a reviser’s bill “to capitalize each
 3834         word of the term ‘child protection team’ wherever it occurs
 3835         in the Florida Statutes.”
 3836         Section 114. Paragraph (c) of subsection (8) of section
 3837  1002.33, Florida Statutes, is amended to read:
 3838         1002.33 Charter schools.—
 3839         (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.—
 3840         (c) A charter may be terminated immediately if the sponsor
 3841  sets forth in writing the particular facts and circumstances
 3842  indicating that an immediate and serious danger to the health,
 3843  safety, or welfare of the charter school’s students exists. The
 3844  sponsor’s determination is subject to the procedures set forth
 3845  in paragraph paragraphs (b) and (c), except that the hearing may
 3846  take place after the charter has been terminated. The sponsor
 3847  shall notify in writing the charter school’s governing board,
 3848  the charter school principal, and the department if a charter is
 3849  terminated immediately. The sponsor shall clearly identify the
 3850  specific issues that resulted in the immediate termination and
 3851  provide evidence of prior notification of issues resulting in
 3852  the immediate termination when appropriate. Upon receiving
 3853  written notice from the sponsor, the charter school’s governing
 3854  board has 10 calendar days to request a hearing. A requested
 3855  hearing must be expedited and the final order must be issued
 3856  within 60 days after the date of request. The sponsor shall
 3857  assume operation of the charter school throughout the pendency
 3858  of the hearing under paragraph paragraphs (b) and (c) unless the
 3859  continued operation of the charter school would materially
 3860  threaten the health, safety, or welfare of the students. Failure
 3861  by the sponsor to assume and continue operation of the charter
 3862  school shall result in the awarding of reasonable costs and
 3863  attorney’s fees to the charter school if the charter school
 3864  prevails on appeal.
 3865         Reviser’s note.—Amended to delete references to former paragraph
 3866         (c), which was amended and merged into paragraph (b) by s.
 3867         9, ch. 2018-6, Laws of Florida.
 3868         Section 115. Subsection (1) of section 1002.36, Florida
 3869  Statutes, is amended to read:
 3870         1002.36 Florida School for the Deaf and the Blind.—
 3871         (1) RESPONSIBILITIES.—The Florida School for the Deaf and
 3872  the Blind, located in St. Johns County, is a state-supported
 3873  residential public school for hearing-impaired and visually
 3874  impaired students in preschool through 12th grade. The school is
 3875  a component of the delivery of public education within Florida’s
 3876  K-20 education system and shall be funded through the Department
 3877  of Education. The school shall provide educational programs and
 3878  support services appropriate to meet the education and related
 3879  evaluation and counseling needs of hearing-impaired and visually
 3880  impaired students in the state who meet enrollment criteria.
 3881  Unless otherwise provided by law, the school shall comply with
 3882  all laws and rules applicable to state agencies. Education
 3883  services may be provided on an outreach basis for sensory
 3884  impaired children ages 0 through 5 years and to district school
 3885  boards upon request. Graduates of the Florida School for the
 3886  Deaf and the Blind shall be eligible for the William L. Boyd,
 3887  IV, Effective Access to Student Education Florida Resident
 3888  Access Grant Program as provided in s. 1009.89.
 3889         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 3890         Florida, which directed the Division of Law Revision and
 3891         Information “to substitute the term ‘Effective Access to
 3892         Student Education Grant Program’ for ‘Florida Resident
 3893         Access Grant Program’ and the term ‘Effective Access to
 3894         Student Education grant’ for ‘Florida resident access
 3895         grant’ wherever those terms appear in the Florida
 3896         Statutes.”
 3897         Section 116. Paragraph (f) of subsection (2) of section
 3898  1002.385, Florida Statutes, is amended to read:
 3899         1002.385 The Gardiner Scholarship.—
 3900         (2) DEFINITIONS.—As used in this section, the term:
 3901         (f) “Eligible postsecondary educational institution” means
 3902  a Florida College System institution; a state university; a
 3903  school district technical center; a school district adult
 3904  general education center; an independent college or university
 3905  that is eligible to participate in the William L. Boyd, IV,
 3906  Effective Access to Student Education Florida Resident Access
 3907  Grant Program under s. 1009.89; or an accredited independent
 3908  postsecondary educational institution, as defined in s. 1005.02,
 3909  which is licensed to operate in the state pursuant to
 3910  requirements specified in part III of chapter 1005.
 3911         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 3912         Florida, which directed the Division of Law Revision and
 3913         Information “to substitute the term ‘Effective Access to
 3914         Student Education Grant Program’ for ‘Florida Resident
 3915         Access Grant Program’ and the term ‘Effective Access to
 3916         Student Education grant’ for ‘Florida resident access
 3917         grant’ wherever those terms appear in the Florida
 3918         Statutes.”
 3919         Section 117. Paragraph (f) of subsection (2), paragraph (p)
 3920  of subsection (6), and paragraph (i) of subsection (15) of
 3921  section 1002.395, Florida Statutes, are amended to read:
 3922         1002.395 Florida Tax Credit Scholarship Program.—
 3923         (2) DEFINITIONS.—As used in this section, the term:
 3924         (f) “Eligible nonprofit scholarship-funding organization”
 3925  means a state university; or an independent college or
 3926  university that is eligible to participate in the William L.
 3927  Boyd, IV, Effective Access to Student Education Florida Resident
 3928  Access Grant Program, located and chartered in this state, is
 3929  not for profit, and is accredited by the Commission on Colleges
 3930  of the Southern Association of Colleges and Schools; or is a
 3931  charitable organization that:
 3932         1. Is exempt from federal income tax pursuant to s.
 3933  501(c)(3) of the Internal Revenue Code;
 3934         2. Is a Florida entity formed under chapter 605, chapter
 3935  607, or chapter 617 and whose principal office is located in the
 3936  state; and
 3937         3. Complies with subsections (6) and (15).
 3938         (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
 3939  ORGANIZATIONS.—An eligible nonprofit scholarship-funding
 3940  organization:
 3941         (p) Must maintain the surety bond or letter of credit
 3942  required by subsection (15). The amount of the surety bond or
 3943  letter of credit may be adjusted quarterly to equal the actual
 3944  amount of undisbursed funds based upon submission by the
 3945  organization of a statement from a certified public accountant
 3946  verifying the amount of undisbursed funds. The requirements of
 3947  this paragraph are waived if the cost of acquiring a surety bond
 3948  or letter of credit exceeds the average 10-year cost of
 3949  acquiring a surety bond or letter of credit by 200 percent. The
 3950  requirements of this paragraph are waived for a state
 3951  university; or an independent college or university which is
 3952  eligible to participate in the William L. Boyd, IV, Effective
 3953  Access to Student Education Florida Resident Access Grant
 3954  Program, located and chartered in this state, is not for profit,
 3955  and is accredited by the Commission on Colleges of the Southern
 3956  Association of Colleges and Schools.
 3957  
 3958  Information and documentation provided to the Department of
 3959  Education and the Auditor General relating to the identity of a
 3960  taxpayer that provides an eligible contribution under this
 3961  section shall remain confidential at all times in accordance
 3962  with s. 213.053.
 3963         (15) NONPROFIT SCHOLARSHIP-FUNDING ORGANIZATIONS;
 3964  APPLICATION.—In order to participate in the scholarship program
 3965  created under this section, a charitable organization that seeks
 3966  to be a nonprofit scholarship-funding organization must submit
 3967  an application for initial approval or renewal to the Office of
 3968  Independent Education and Parental Choice no later than
 3969  September 1 of each year before the school year for which the
 3970  organization intends to offer scholarships.
 3971         (i) A state university; or an independent college or
 3972  university which is eligible to participate in the William L.
 3973  Boyd, IV, Effective Access to Student Education Florida Resident
 3974  Access Grant Program, located and chartered in this state, is
 3975  not for profit, and is accredited by the Commission on Colleges
 3976  of the Southern Association of Colleges and Schools, is exempt
 3977  from the initial or renewal application process, but must file a
 3978  registration notice with the Department of Education to be an
 3979  eligible nonprofit scholarship-funding organization. The State
 3980  Board of Education shall adopt rules that identify the procedure
 3981  for filing the registration notice with the department. The
 3982  rules must identify appropriate reporting requirements for
 3983  fiscal, programmatic, and performance accountability purposes
 3984  consistent with this section, but shall not exceed the
 3985  requirements for eligible nonprofit scholarship-funding
 3986  organizations for charitable organizations. A nonprofit
 3987  scholarship-funding organization that becomes eligible pursuant
 3988  to this paragraph may begin providing scholarships to
 3989  participating students in the 2015-2016 school year.
 3990         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 3991         Florida, which directed the Division of Law Revision and
 3992         Information “to substitute the term ‘Effective Access to
 3993         Student Education Grant Program’ for ‘Florida Resident
 3994         Access Grant Program’ and the term ‘Effective Access to
 3995         Student Education grant’ for ‘Florida resident access
 3996         grant’ wherever those terms appear in the Florida
 3997         Statutes.” Paragraph (15)(i) is also amended to delete
 3998         obsolete language.
 3999         Section 118. Paragraph (k) of subsection (2) and paragraph
 4000  (a) of subsection (5) of section 1002.82, Florida Statutes, are
 4001  amended to read:
 4002         1002.82 Office of Early Learning; powers and duties.—
 4003         (2) The office shall:
 4004         (k) Identify observation-based child assessments that are
 4005  valid, reliable, and developmentally appropriate for use at
 4006  least three times a year. The assessments must:
 4007         1. Provide interval level and criterion-referenced data
 4008  that measures equivalent levels of growth across the core
 4009  domains of early childhood development and that can be used for
 4010  determining developmentally appropriate learning gains.
 4011         2. Measure progress in the performance standards adopted
 4012  pursuant to paragraph (j).
 4013         3. Provide for appropriate accommodations for children with
 4014  disabilities and English language learners and be administered
 4015  by qualified individuals, consistent with the developer’s
 4016  instructions.
 4017         4. Coordinate with the performance standards adopted by the
 4018  department under s. 1002.67(1) for the Voluntary Prekindergarten
 4019  Education Program.
 4020         5. Provide data in a format for use in the single statewide
 4021  information system to meet the requirements of paragraph (p)
 4022  (q).
 4023         (5) By January 1 of each year, the office shall annually
 4024  publish on its website a report of its activities conducted
 4025  under this section. The report must include a summary of the
 4026  coalitions’ annual reports, a statewide summary, and the
 4027  following:
 4028         (a) An analysis of early learning activities throughout the
 4029  state, including the school readiness program and the Voluntary
 4030  Prekindergarten Education Program.
 4031         1. The total and average number of children served in the
 4032  school readiness program, enumerated by age, eligibility
 4033  priority category, and coalition, and the total number of
 4034  children served in the Voluntary Prekindergarten Education
 4035  Program.
 4036         2. A summary of expenditures by coalition, by fund source,
 4037  including a breakdown by coalition of the percentage of
 4038  expenditures for administrative activities, quality activities,
 4039  nondirect services, and direct services for children.
 4040         3. A description of the office’s and each coalition’s
 4041  expenditures by fund source for the quality and enhancement
 4042  activities described in s. 1002.89(6)(b).
 4043         4. A summary of annual findings and collections related to
 4044  provider fraud and parent fraud.
 4045         5. Data regarding the coalitions’ delivery of early
 4046  learning programs.
 4047         6. The total number of children disenrolled statewide and
 4048  the reason for disenrollment.
 4049         7. The total number of providers by provider type.
 4050         8. The number of school readiness program providers who
 4051  have completed the program assessment required under paragraph
 4052  (2)(n); the number of providers who have not met the minimum
 4053  threshold for contracting established under to paragraph (2)(n);
 4054  and the number of providers that have an active improvement plan
 4055  based on the results of the program assessment under paragraph
 4056  (2)(n).
 4057         9. The total number of provider contracts revoked and the
 4058  reasons for revocation.
 4059         Reviser’s note.—Paragraph (2)(k) is amended to confirm the
 4060         editorial substitution of a reference to paragraph (p) for
 4061         a reference to paragraph (q) to correct an erroneous cross
 4062         reference to paragraph (q) added by s. 2, ch. 2018-136,
 4063         Laws of Florida. Paragraph (p) relates to establishment of
 4064         a single statewide information system for coalitions;
 4065         paragraph (q) relates to adoption of standardized
 4066         monitoring procedures for coalition use. Paragraph (5)(a)
 4067         is amended to confirm the editorial deletion of the word
 4068         “to” to improve clarity.
 4069         Section 119. Subsection (8) of section 1004.085, Florida
 4070  Statutes, is amended to read:
 4071         1004.085 Textbook and instructional materials
 4072  affordability.—
 4073         (8) The board of trustees of each Florida College System
 4074  institution and state university shall report, by September 30
 4075  of each year, beginning in 2016, to the Chancellor of the
 4076  Florida College System or the Chancellor of the State University
 4077  System, as applicable, the textbook and instructional materials
 4078  selection process for general education courses with a wide cost
 4079  variance identified pursuant to subsection (4) and high
 4080  enrollment courses; specific initiatives of the institution
 4081  designed to reduce the costs of textbooks and instructional
 4082  materials; policies implemented in accordance with subsection
 4083  (6); the number of courses and course sections that were not
 4084  able to meet the textbook and instructional materials posting
 4085  deadline for the previous academic year; and any additional
 4086  information determined by the chancellors. By November 1 of each
 4087  year, beginning in 2016, each chancellor shall provide a summary
 4088  of the information provided by institutions to the State Board
 4089  of Education and the Board of Governors, as applicable.
 4090         Reviser’s note.—Amended to delete obsolete language.
 4091         Section 120. Paragraph (c) of subsection (3) of section
 4092  1004.097, Florida Statutes, is amended to read:
 4093         1004.097 Free expression on campus.—
 4094         (3) RIGHT TO FREE-SPEECH ACTIVITIES.—
 4095         (c) Outdoor areas of campus are considered traditional
 4096  public forums for individuals, organizations, and guest
 4097  speakers. A public institution of higher education may create
 4098  and enforce restrictions that are reasonable and content-neutral
 4099  on time, place, and manner of expression and that are narrowly
 4100  tailored to a significant institutional interest. Restrictions
 4101  must be clear and published and must and provide for ample
 4102  alternative means of expression.
 4103         Reviser’s note.—Amended to confirm the editorial deletion of the
 4104         word “and” to improve clarity.
 4105         Section 121. Paragraph (c) of subsection (3) of section
 4106  1004.6495, Florida Statutes, is amended to read:
 4107         1004.6495 Florida Postsecondary Comprehensive Transition
 4108  Program and Florida Center for Students with Unique Abilities.—
 4109         (3) DEFINITIONS.—As used in this section, the term:
 4110         (c) “Eligible institution” means a state university; a
 4111  Florida College System institution; a career center; a charter
 4112  technical career center; or an independent college or university
 4113  that is located and chartered in this state, is not for profit,
 4114  is accredited by the Commission on Colleges of the Southern
 4115  Association of Colleges and Schools, and is eligible to
 4116  participate in the William L. Boyd, IV, Effective Access to
 4117  Student Education Florida Resident Access Grant Program.
 4118         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 4119         Florida, which directed the Division of Law Revision and
 4120         Information “to substitute the term ‘Effective Access to
 4121         Student Education Grant Program’ for ‘Florida Resident
 4122         Access Grant Program’ and the term ‘Effective Access to
 4123         Student Education grant’ for ‘Florida resident access
 4124         grant’ wherever those terms appear in the Florida
 4125         Statutes.”
 4126         Section 122. Paragraph (d) of subsection (1) of section
 4127  1005.03, Florida Statutes, is amended to read:
 4128         1005.03 Designation “college” or “university.”—
 4129         (1) The use of the designation “college” or “university” in
 4130  combination with any series of letters, numbers, or words is
 4131  restricted in this state to colleges or universities as defined
 4132  in s. 1005.02 that offer degrees as defined in s. 1005.02 and
 4133  fall into at least one of the following categories:
 4134         (d) A college that is under the jurisdiction of the
 4135  Department of Education, eligible to participate in the William
 4136  L. Boyd, IV, Effective Access to Student Education Florida
 4137  Resident Access Grant Program and that is a nonprofit
 4138  independent college or university located and chartered in this
 4139  state and accredited by the Commission on Colleges of the
 4140  Southern Association of Colleges and Schools to grant
 4141  baccalaureate degrees.
 4142         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 4143         Florida, which directed the Division of Law Revision and
 4144         Information “to substitute the term ‘Effective Access to
 4145         Student Education Grant Program’ for ‘Florida Resident
 4146         Access Grant Program’ and the term ‘Effective Access to
 4147         Student Education grant’ for ‘Florida resident access
 4148         grant’ wherever those terms appear in the Florida
 4149         Statutes.”
 4150         Section 123. Paragraph (c) of subsection (1) of section
 4151  1005.06, Florida Statutes, is amended to read:
 4152         1005.06 Institutions not under the jurisdiction or purview
 4153  of the commission.—
 4154         (1) Except as otherwise provided in law, the following
 4155  institutions are not under the jurisdiction or purview of the
 4156  commission and are not required to obtain licensure:
 4157         (c) Any institution that is under the jurisdiction of the
 4158  Department of Education, eligible to participate in the William
 4159  L. Boyd, IV, Effective Access to Student Education Florida
 4160  Resident Access Grant Program and that is a nonprofit
 4161  independent college or university located and chartered in this
 4162  state and accredited by the Commission on Colleges of the
 4163  Southern Association of Colleges and Schools to grant
 4164  baccalaureate degrees.
 4165         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 4166         Florida, which directed the Division of Law Revision and
 4167         Information “to substitute the term ‘Effective Access to
 4168         Student Education Grant Program’ for ‘Florida Resident
 4169         Access Grant Program’ and the term ‘Effective Access to
 4170         Student Education grant’ for ‘Florida resident access
 4171         grant’ wherever those terms appear in the Florida
 4172         Statutes.”
 4173         Section 124. Subsection (3) of section 1006.061, Florida
 4174  Statutes, is amended to read:
 4175         1006.061 Child abuse, abandonment, and neglect policy.—Each
 4176  district school board, charter school, and private school that
 4177  accepts scholarship students who participate in a state
 4178  scholarship program under chapter 1002 shall:
 4179         (3) Require the principal of the charter school or private
 4180  school, or the district school superintendent, or the
 4181  superintendent’s designee, at the request of the Department of
 4182  Children and Families, to act as a liaison to the Department of
 4183  Children and Families and the Child Protection Team child
 4184  protection team, as defined in s. 39.01, when in a case of
 4185  suspected child abuse, abandonment, or neglect or an unlawful
 4186  sexual offense involving a child the case is referred to such a
 4187  team; except that this does not relieve or restrict the
 4188  Department of Children and Families from discharging its duty
 4189  and responsibility under the law to investigate and report every
 4190  suspected or actual case of child abuse, abandonment, or neglect
 4191  or unlawful sexual offense involving a child.
 4192  
 4193  The Department of Education shall develop, and publish on the
 4194  department’s Internet website, sample notices suitable for
 4195  posting in accordance with subsections (1), (2), and (4).
 4196         Reviser’s note.—Amended to conform to s. 32, ch. 2018-103, Laws
 4197         of Florida, which directed the Division of Law Revision and
 4198         Information to prepare a reviser’s bill “to capitalize each
 4199         word of the term ‘child protection team’ wherever it occurs
 4200         in the Florida Statutes.”
 4201         Section 125. Section 1006.12, Florida Statutes, is
 4202  reenacted and amended to read:
 4203         1006.12 Safe-school officers at each public school.—For the
 4204  protection and safety of school personnel, property, students,
 4205  and visitors, each district school board and school district
 4206  superintendent shall partner with law enforcement agencies to
 4207  establish or assign one or more safe-school officers at each
 4208  school facility within the district by implementing any
 4209  combination of the following options which best meets the needs
 4210  of the school district:
 4211         (1) Establish school resource officer programs, through a
 4212  cooperative agreement with law enforcement agencies.
 4213         (a) School resource officers shall undergo criminal
 4214  background checks, drug testing, and a psychological evaluation
 4215  and be certified law enforcement officers, as defined in s.
 4216  943.10(1), who are employed by a law enforcement agency as
 4217  defined in s. 943.10(4). The powers and duties of a law
 4218  enforcement officer shall continue throughout the employee’s
 4219  tenure as a school resource officer.
 4220         (b) School resource officers shall abide by district school
 4221  board policies and shall consult with and coordinate activities
 4222  through the school principal, but shall be responsible to the
 4223  law enforcement agency in all matters relating to employment,
 4224  subject to agreements between a district school board and a law
 4225  enforcement agency. Activities conducted by the school resource
 4226  officer which are part of the regular instructional program of
 4227  the school shall be under the direction of the school principal.
 4228         (c) Complete mental health crisis intervention training
 4229  using a curriculum developed by a national organization with
 4230  expertise in mental health crisis intervention. The training
 4231  shall improve officers’ knowledge and skills as first responders
 4232  to incidents involving students with emotional disturbance or
 4233  mental illness, including de-escalation skills to ensure student
 4234  and officer safety.
 4235         (2) Commission one or more school safety officers for the
 4236  protection and safety of school personnel, property, and
 4237  students within the school district. The district school
 4238  superintendent may recommend, and the district school board may
 4239  appoint, one or more school safety officers.
 4240         (a) School safety officers shall undergo criminal
 4241  background checks, drug testing, and a psychological evaluation
 4242  and be law enforcement officers, as defined in s. 943.10(1),
 4243  certified under the provisions of chapter 943 and employed by
 4244  either a law enforcement agency or by the district school board.
 4245  If the officer is employed by the district school board, the
 4246  district school board is the employing agency for purposes of
 4247  chapter 943, and must comply with the provisions of that
 4248  chapter.
 4249         (b) A school safety officer has and shall exercise the
 4250  power to make arrests for violations of law on district school
 4251  board property and to arrest persons, whether on or off such
 4252  property, who violate any law on such property under the same
 4253  conditions that deputy sheriffs are authorized to make arrests.
 4254  A school safety officer has the authority to carry weapons when
 4255  performing his or her official duties.
 4256         (c) A district school board may enter into mutual aid
 4257  agreements with one or more law enforcement agencies as provided
 4258  in chapter 23. A school safety officer’s salary may be paid
 4259  jointly by the district school board and the law enforcement
 4260  agency, as mutually agreed to.
 4261         (3) At the school district’s discretion, participate in the
 4262  Coach Aaron Feis Guardian Program school marshal program if such
 4263  program is established pursuant to s. 30.15, to meet the
 4264  requirement of establishing a safe-school officer.
 4265         (4) Any information that would identify whether a
 4266  particular individual has been appointed as a safe-school
 4267  officer pursuant to this section held by a law enforcement
 4268  agency, school district, or charter school is exempt from s.
 4269  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 4270  subsection is subject to the Open Government Sunset Review Act
 4271  in accordance with s. 119.15 and shall stand repealed on October
 4272  2, 2023, unless reviewed and saved from repeal through
 4273  reenactment by the Legislature.
 4274         Reviser’s note.—Section 3, ch. 2018-1, Laws of Florida, added
 4275         subsection (4) to s. 1006.12 as it was amended by s. 26,
 4276         ch. 2018-3, Laws of Florida, but did not publish the
 4277         introductory paragraph to the section added by s. 26, ch.
 4278         2018-3. Absent affirmative legislative intent to repeal the
 4279         introductory paragraph of s. 1006.12, the section is
 4280         reenacted to confirm the omission was not intended.
 4281         Subsection (3) is amended to conform to s. 6, ch. 2018-3,
 4282         which directed the Division of Law Revision and Information
 4283         “to change references from ‘school marshal program’ to
 4284         ‘Coach Aaron Feis Guardian Program’ and references from
 4285         ‘school marshal’ to ‘school guardian’ wherever those terms
 4286         appear in this act.”
 4287         Section 126. Subsection (6) of section 1007.24, Florida
 4288  Statutes, is amended to read:
 4289         1007.24 Statewide course numbering system.—
 4290         (6) Nonpublic colleges and schools that are fully
 4291  accredited by a regional or national accrediting agency
 4292  recognized by the United States Department of Education and are
 4293  either eligible to participate in the William L. Boyd, IV,
 4294  Effective Access to Student Education Florida resident access
 4295  grant or have been issued a regular license pursuant to s.
 4296  1005.31, may participate in the statewide course numbering
 4297  system pursuant to this section. Participating colleges and
 4298  schools shall bear the costs associated with inclusion in the
 4299  system and shall meet the terms and conditions for institutional
 4300  participation in the system. The department shall adopt a fee
 4301  schedule that includes the expenses incurred through data
 4302  processing, faculty task force travel and per diem, and staff
 4303  and clerical support time. Such fee schedule may differentiate
 4304  between the costs associated with initial course inclusion in
 4305  the system and costs associated with subsequent course
 4306  maintenance in the system. Decisions regarding initial course
 4307  inclusion and subsequent course maintenance must be made within
 4308  360 days after submission of the required materials and fees by
 4309  the institution. The Department of Education may select a date
 4310  by which colleges must submit requests for new courses to be
 4311  included, and may delay review of courses submitted after that
 4312  date until the next year’s cycle. Any college that currently
 4313  participates in the system, and that participated in the system
 4314  prior to July 1, 1986, shall not be required to pay the costs
 4315  associated with initial course inclusion in the system. Fees
 4316  collected for participation in the statewide course numbering
 4317  system pursuant to the provisions of this section shall be
 4318  deposited in the Institutional Assessment Trust Fund. Any
 4319  nonpublic, nonprofit college or university that is eligible to
 4320  participate in the statewide course numbering system shall not
 4321  be required to pay the costs associated with participation in
 4322  the system. No college or school shall record student
 4323  transcripts or document courses offered by the college or school
 4324  in accordance with this subsection unless the college or school
 4325  is actually participating in the system pursuant to rules of the
 4326  State Board of Education. Any college or school deemed to be in
 4327  violation of this section shall be subject to the provisions of
 4328  s. 1005.38.
 4329         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 4330         Florida, which directed the Division of Law Revision and
 4331         Information “to substitute the term ‘Effective Access to
 4332         Student Education Grant Program’ for ‘Florida Resident
 4333         Access Grant Program’ and the term ‘Effective Access to
 4334         Student Education grant’ for ‘Florida resident access
 4335         grant’ wherever those terms appear in the Florida
 4336         Statutes.”
 4337         Section 127. Subsection (5) of section 1007.273, Florida
 4338  Statutes, is amended to read:
 4339         1007.273 Collegiate high school program.—
 4340         (5) In addition to executing a contract with the local
 4341  Florida College System institution under this section, a
 4342  district school board may execute a contract to establish a
 4343  collegiate high school program with a state university or an
 4344  institution that is eligible to participate in the William L.
 4345  Boyd, IV, Effective Access to Student Education Florida Resident
 4346  Access Grant Program, that is a nonprofit independent college or
 4347  university located and chartered in this state, and that is
 4348  accredited by the Commission on Colleges of the Southern
 4349  Association of Colleges and Schools to grant baccalaureate
 4350  degrees. Such university or institution must meet the
 4351  requirements specified under subsections (3) and (4).
 4352         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 4353         Florida, which directed the Division of Law Revision and
 4354         Information “to substitute the term ‘Effective Access to
 4355         Student Education Grant Program’ for ‘Florida Resident
 4356         Access Grant Program’ and the term ‘Effective Access to
 4357         Student Education grant’ for ‘Florida resident access
 4358         grant’ wherever those terms appear in the Florida
 4359         Statutes.”
 4360         Section 128. Paragraph (b) of subsection (3) of section
 4361  1008.31, Florida Statutes, is amended to read:
 4362         1008.31 Florida’s K-20 education performance accountability
 4363  system; legislative intent; mission, goals, and systemwide
 4364  measures; data quality improvements.—
 4365         (3) K-20 EDUCATION DATA QUALITY IMPROVEMENTS.—To provide
 4366  data required to implement education performance accountability
 4367  measures in state and federal law, the Commissioner of Education
 4368  shall initiate and maintain strategies to improve data quality
 4369  and timeliness. The Board of Governors shall make available to
 4370  the department all data within the State University Database
 4371  System to be integrated into the K-20 data warehouse. The
 4372  commissioner shall have unlimited access to such data for the
 4373  purposes of conducting studies, reporting annual and
 4374  longitudinal student outcomes, and improving college readiness
 4375  and articulation. All public educational institutions shall
 4376  annually provide data from the prior year to the K-20 data
 4377  warehouse in a format based on data elements identified by the
 4378  commissioner.
 4379         (b) Colleges and universities eligible to participate in
 4380  the William L. Boyd, IV, Effective Access to Student Education
 4381  Florida Resident Access Grant Program shall annually report
 4382  student-level data from the prior year for each student who
 4383  receives state funds in a format prescribed by the Department of
 4384  Education. At a minimum, data from the prior year must include
 4385  retention rates, transfer rates, completion rates, graduation
 4386  rates, employment and placement rates, and earnings of
 4387  graduates. By December 31, 2013, the colleges and universities
 4388  described in this paragraph shall report the data for the 2012
 4389  2013 academic year to the department. By October 1 of each year
 4390  thereafter, the colleges and universities described in this
 4391  paragraph shall report the data to the department.
 4392         Reviser’s note.—Amended to delete obsolete language and to
 4393         conform to s. 25, ch. 2018-4, Laws of Florida, which
 4394         directed the Division of Law Revision and Information “to
 4395         substitute the term ‘Effective Access to Student Education
 4396         Grant Program’ for ‘Florida Resident Access Grant Program’
 4397         and the term ‘Effective Access to Student Education grant’
 4398         for ‘Florida resident access grant’ wherever those terms
 4399         appear in the Florida Statutes.”
 4400         Section 129. Subsections (1), (2), (3), (4), and (5) of
 4401  section 1009.89, Florida Statutes, are amended to read:
 4402         1009.89 The William L. Boyd, IV, Effective Access to
 4403  Student Education Florida resident access grants.—
 4404         (1) The Legislature finds and declares that independent
 4405  nonprofit colleges and universities eligible to participate in
 4406  the William L. Boyd, IV, Effective Access to Student Education
 4407  Florida Resident Access Grant Program are an integral part of
 4408  the higher education system in this state and that a significant
 4409  number of state residents choose this form of higher education.
 4410  The Legislature further finds that a strong and viable system of
 4411  independent nonprofit colleges and universities reduces the tax
 4412  burden on the citizens of the state. Because the William L.
 4413  Boyd, IV, Effective Access to Student Education Florida Resident
 4414  Access Grant Program is not related to a student’s financial
 4415  need or other criteria upon which financial aid programs are
 4416  based, it is the intent of the Legislature that the William L.
 4417  Boyd, IV, Effective Access to Student Education Florida Resident
 4418  Access Grant Program not be considered a financial aid program
 4419  but rather a tuition assistance program for its citizens.
 4420         (2) The William L. Boyd, IV, Effective Access to Student
 4421  Education Florida Resident Access Grant Program shall be
 4422  administered by the Department of Education. The State Board of
 4423  Education shall adopt rules for the administration of the
 4424  program.
 4425         (3) The department shall issue through the program a
 4426  William L. Boyd, IV, Effective Access to Student Education
 4427  Florida resident access grant to any full-time degree-seeking
 4428  undergraduate student registered at an independent nonprofit
 4429  college or university which is located in and chartered by the
 4430  state; which is accredited by the Commission on Colleges of the
 4431  Southern Association of Colleges and Schools; which grants
 4432  baccalaureate degrees; which is not a state university or
 4433  Florida College System institution; and which has a secular
 4434  purpose, so long as the receipt of state aid by students at the
 4435  institution would not have the primary effect of advancing or
 4436  impeding religion or result in an excessive entanglement between
 4437  the state and any religious sect. Any independent college or
 4438  university that was eligible to receive tuition vouchers on
 4439  January 1, 1989, and which continues to meet the criteria under
 4440  which its eligibility was established, shall remain eligible to
 4441  receive William L. Boyd, IV, Effective Access to Student
 4442  Education Florida resident access grant payments.
 4443         (4) A person is eligible to receive such William L. Boyd,
 4444  IV, Effective Access to Student Education Florida resident
 4445  access grant if:
 4446         (a) He or she meets the general requirements, including
 4447  residency, for student eligibility as provided in s. 1009.40,
 4448  except as otherwise provided in this section; and
 4449         (b)1. He or she is enrolled as a full-time undergraduate
 4450  student at an eligible college or university;
 4451         2. He or she is not enrolled in a program of study leading
 4452  to a degree in theology or divinity; and
 4453         3. He or she is making satisfactory academic progress as
 4454  defined by the college or university in which he or she is
 4455  enrolled.
 4456         (5)(a) Funding for the William L. Boyd, IV, Effective
 4457  Access to Student Education Florida Resident Access Grant
 4458  Program for eligible institutions shall be as provided in the
 4459  General Appropriations Act. The William L. Boyd, IV, Effective
 4460  Access to Student Education Florida resident access grant may be
 4461  paid on a prorated basis in advance of the registration period.
 4462  The department shall make such payments to the college or
 4463  university in which the student is enrolled for credit to the
 4464  student’s account for payment of tuition and fees. Institutions
 4465  shall certify to the department the amount of funds disbursed to
 4466  each student and shall remit to the department any undisbursed
 4467  advances or refunds within 60 days of the end of regular
 4468  registration. A student is not eligible to receive the award for
 4469  more than 9 semesters or 14 quarters, except as otherwise
 4470  provided in s. 1009.40(3).
 4471         (b) If the combined amount of the William L. Boyd, IV,
 4472  Effective Access to Student Education Florida resident access
 4473  grant issued pursuant to this act and all other scholarships and
 4474  grants for tuition or fees exceeds the amount charged to the
 4475  student for tuition and fees, the department shall reduce the
 4476  William L. Boyd, IV, Effective Access to Student Education
 4477  Florida resident access grant issued pursuant to this act by an
 4478  amount equal to such excess.
 4479         Reviser’s note.—Amended to conform to s. 25, ch. 2018-4, Laws of
 4480         Florida, which directed the Division of Law Revision and
 4481         Information “to substitute the term ‘Effective Access to
 4482         Student Education Grant Program’ for ‘Florida Resident
 4483         Access Grant Program’ and the term ‘Effective Access to
 4484         Student Education grant’ for ‘Florida resident access
 4485         grant’ wherever those terms appear in the Florida
 4486         Statutes.”
 4487         Section 130. Subsections (2) and (5) of section 1011.69,
 4488  Florida Statutes, are amended to read:
 4489         1011.69 Equity in School-Level Funding Act.—
 4490         (2) Beginning in the 2003-2004 fiscal year, District school
 4491  boards shall allocate to schools within the district an average
 4492  of 90 percent of the funds generated by all schools and
 4493  guarantee that each school receives at least 80 percent, except
 4494  schools participating in the Principal Autonomy Pilot Program
 4495  Initiative under s. 1011.6202 are guaranteed to receive at least
 4496  90 percent, of the funds generated by that school based upon the
 4497  Florida Education Finance Program as provided in s. 1011.62 and
 4498  the General Appropriations Act, including gross state and local
 4499  funds, discretionary lottery funds, and funds from the school
 4500  district’s current operating discretionary millage levy. Total
 4501  funding for each school shall be recalculated during the year to
 4502  reflect the revised calculations under the Florida Education
 4503  Finance Program by the state and the actual weighted full-time
 4504  equivalent students reported by the school during the full-time
 4505  equivalent student survey periods designated by the Commissioner
 4506  of Education. If the district school board is providing programs
 4507  or services to students funded by federal funds, any eligible
 4508  students enrolled in the schools in the district shall be
 4509  provided federal funds.
 4510         (5) After providing Title I, Part A, Basic funds to schools
 4511  above the 75 percent poverty threshold, which may include high
 4512  schools above the 50 percent threshold as permitted by federal
 4513  law, school districts shall provide any remaining Title I, Part
 4514  A, Basic funds directly to all eligible schools as provided in
 4515  this subsection. For purposes of this subsection, an eligible
 4516  school is a school that is eligible to receive Title I funds,
 4517  including a charter school. The threshold for identifying
 4518  eligible schools may not exceed the threshold established by a
 4519  school district for the 2016-2017 school year or the statewide
 4520  percentage of economically disadvantaged students, as determined
 4521  annually.
 4522         (a) Prior to the allocation of Title I funds to eligible
 4523  schools, a school district may withhold funds only as follows:
 4524         1. One percent for parent involvement, in addition to the
 4525  one percent the district must reserve under federal law for
 4526  allocations to eligible schools for parent involvement;
 4527         2. A necessary and reasonable amount for administration
 4528  which includes the district’s indirect cost rate, not to exceed
 4529  a total of 10 percent;
 4530         3. A reasonable and necessary amount to provide:
 4531         a. Homeless programs;
 4532         b. Delinquent and neglected programs;
 4533         c. Prekindergarten programs and activities;
 4534         d. Private school equitable services; and
 4535         e. Transportation for foster care children to their school
 4536  of origin or choice programs; and
 4537         4. A necessary and reasonable amount, not to exceed 1
 4538  percent, for eligible schools to provide educational services in
 4539  accordance with the approved Title I plan.
 4540         Reviser’s note.—Subsection (2) is amended to delete obsolete
 4541         language and to conform to the renaming of the Principal
 4542         Autonomy Pilot Program Initiative created in s. 1011.6202
 4543         as the Principal Autonomy Program Initiative by s. 30, ch.
 4544         2018-6, Laws of Florida. Paragraph (5)(a) is amended to
 4545         confirm the editorial restoration of the word “and” to
 4546         improve clarity.
 4547         Section 131. Subsection (1) of section 1011.71, Florida
 4548  Statutes, is amended to read:
 4549         1011.71 District school tax.—
 4550         (1) If the district school tax is not provided in the
 4551  General Appropriations Act or the substantive bill implementing
 4552  the General Appropriations Act, each district school board
 4553  desiring to participate in the state allocation of funds for
 4554  current operation as prescribed by s. 1011.62(18) 1011.62(16)
 4555  shall levy on the taxable value for school purposes of the
 4556  district, exclusive of millage voted under s. 9(b) or s. 12,
 4557  Art. VII of the State Constitution, a millage rate not to exceed
 4558  the amount certified by the commissioner as the minimum millage
 4559  rate necessary to provide the district required local effort for
 4560  the current year, pursuant to s. 1011.62(4)(a)1. In addition to
 4561  the required local effort millage levy, each district school
 4562  board may levy a nonvoted current operating discretionary
 4563  millage. The Legislature shall prescribe annually in the
 4564  appropriations act the maximum amount of millage a district may
 4565  levy.
 4566         Reviser’s note.—Amended to confirm the editorial substitution of
 4567         a reference to s. 1011.62(18) for a reference to s.
 4568         1011.62(16) in s. 1011.71(1), as amended by s. 110, ch.
 4569         2018-110, Laws of Florida, to conform to the addition of a
 4570         new subsection (16) to s. 1011.62 by s. 29, ch. 2018-3,
 4571         Laws of Florida, and a new subsection (16), editorially
 4572         redesignated as subsection (17), by s. 4, ch. 2018-10, Laws
 4573         of Florida.
 4574         Section 132. Paragraph (b) of subsection (2) and paragraph
 4575  (a) of subsection (5) of section 1012.2315, Florida Statutes,
 4576  are amended to read:
 4577         1012.2315 Assignment of teachers.—
 4578         (2) ASSIGNMENT TO SCHOOLS GRADED “D” or “F”.—
 4579         (b)1. Beginning July 1, 2014, A school district may assign
 4580  an individual newly hired as instructional personnel to a school
 4581  that has earned a grade of “F” in the previous year or any
 4582  combination of three consecutive grades of “D” or “F” in the
 4583  previous 3 years pursuant to s. 1008.34 if the individual:
 4584         a. Has received an effective rating or highly effective
 4585  rating in the immediate prior year’s performance evaluation
 4586  pursuant s. 1012.34;
 4587         b. Has successfully completed or is enrolled in a teacher
 4588  preparation program pursuant to s. 1004.04, s. 1004.85, or s.
 4589  1012.56, or a teacher preparation program specified in State
 4590  Board of Education rule, is provided with high quality mentoring
 4591  during the first 2 years of employment, holds a certificate
 4592  issued pursuant to s. 1012.56, and holds a probationary contract
 4593  pursuant to s. 1012.335(2)(a); or
 4594         c. Holds a probationary contract pursuant to s.
 4595  1012.335(2)(a), holds a certificate issued pursuant to s.
 4596  1012.56, and has successful teaching experience, and if, in the
 4597  judgment of the school principal, students would benefit from
 4598  the placement of that individual.
 4599         2. As used in this paragraph, the term “mentoring” includes
 4600  the use of student achievement data combined with at least
 4601  monthly observations to improve the educator’s effectiveness in
 4602  improving student outcomes. Mentoring may be provided by a
 4603  school district, a teacher preparation program approved pursuant
 4604  to s. 1004.04, s. 1004.85, or s. 1012.56, or a teacher
 4605  preparation program specified in State Board of Education rule.
 4606  
 4607  Each school district shall annually certify to the Commissioner
 4608  of Education that the requirements in this subsection have been
 4609  met. If the commissioner determines that a school district is
 4610  not in compliance with this subsection, the State Board of
 4611  Education shall be notified and shall take action pursuant to s.
 4612  1008.32 in the next regularly scheduled meeting to require
 4613  compliance.
 4614         (5) REPORT.—
 4615         (a) By July 1, 2012, the Department of Education shall
 4616  annually report on its website, in a manner that is accessible
 4617  to the public, the performance rating data reported by district
 4618  school boards under s. 1012.34. The report must include the
 4619  percentage of classroom teachers, instructional personnel, and
 4620  school administrators receiving each performance rating
 4621  aggregated by school district and by school.
 4622         Reviser’s note.—Amended to delete obsolete language.
 4623         Section 133. Subsection (4) of section 1012.584, Florida
 4624  Statutes, is amended to read:
 4625         1012.584 Continuing education and inservice training for
 4626  youth mental health awareness and assistance.—
 4627         (4) Each school district shall notify all school personnel
 4628  who have received training pursuant to this section of mental
 4629  health services that are available in the school district, and
 4630  the individual to contact if a student needs services. The term
 4631  “mental health services” includes, but is not limited to,
 4632  community mental health services, health care providers, and
 4633  services provided under ss. 1006.04 and 1011.62(16) 1011.62(17).
 4634         Reviser’s note.—Amended to correct an erroneous reference.
 4635         Section 1011.62(16) relates to the mental health assistance
 4636         allocation; subsection (17) relates to the funding
 4637         compression allocation.
 4638         Section 134. Subsection (1) of section 1013.62, Florida
 4639  Statutes, is amended to read:
 4640         1013.62 Charter schools capital outlay funding.—
 4641         (1) For the 2018-2019 fiscal year, charter school capital
 4642  outlay funding shall consist of state funds appropriated in the
 4643  2018-2019 General Appropriations Act. Beginning in fiscal year
 4644  2019-2020, charter school capital outlay funding shall consist
 4645  of state funds when such funds are appropriated in the General
 4646  Appropriations Act and revenue resulting from the discretionary
 4647  millage authorized in s. 1011.71(2) if the amount of state funds
 4648  appropriated for charter school capital outlay in any fiscal
 4649  year is less than the average charter school capital outlay
 4650  funds per unweighted full-time equivalent student for the 2018
 4651  2019 fiscal year, multiplied by the estimated number of charter
 4652  school students for the applicable fiscal year, and adjusted by
 4653  changes in the Consumer Price Index issued by the United States
 4654  Department of Labor from the previous fiscal year. Nothing in is
 4655  this subsection prohibits a school district from distributing to
 4656  charter schools funds resulting from the discretionary millage
 4657  authorized in s. 1011.71(2).
 4658         (a) To be eligible to receive capital outlay funds, a
 4659  charter school must:
 4660         1.a. Have been in operation for 2 or more years;
 4661         b. Be governed by a governing board established in the
 4662  state for 2 or more years which operates both charter schools
 4663  and conversion charter schools within the state;
 4664         c. Be an expanded feeder chain of a charter school within
 4665  the same school district that is currently receiving charter
 4666  school capital outlay funds;
 4667         d. Have been accredited by a regional accrediting
 4668  association as defined by State Board of Education rule; or
 4669         e. Serve students in facilities that are provided by a
 4670  business partner for a charter school-in-the-workplace pursuant
 4671  to s. 1002.33(15)(b).
 4672         2. Have an annual audit that does not reveal any of the
 4673  financial emergency conditions provided in s. 218.503(1) for the
 4674  most recent fiscal year for which such audit results are
 4675  available.
 4676         3. Have satisfactory student achievement based on state
 4677  accountability standards applicable to the charter school.
 4678         4. Have received final approval from its sponsor pursuant
 4679  to s. 1002.33 for operation during that fiscal year.
 4680         5. Serve students in facilities that are not provided by
 4681  the charter school’s sponsor.
 4682         (b) A charter school is not eligible to receive capital
 4683  outlay funds if it was created by the conversion of a public
 4684  school and operates in facilities provided by the charter
 4685  school’s sponsor for a nominal fee, or at no charge, or if it is
 4686  directly or indirectly operated by the school district.
 4687         Reviser’s note.—Amended to confirm the editorial substitution of
 4688         the word “in” for the word “is” to improve clarity.
 4689         Section 135. This act shall take effect on the 60th day
 4690  after adjournment sine die of the session of the Legislature in
 4691  which enacted.