Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1040
       
       
       
       
       
       
                                Ì5149909Î514990                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2021           .                                
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       The Committee on Appropriations (Brodeur) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 164 - 398
    4  and insert:
    5         Section 16. Paragraph (c) of subsection (1) of section
    6  376.84, Florida Statutes, is amended to read:
    7         376.84 Brownfield redevelopment economic incentives.—It is
    8  the intent of the Legislature that brownfield redevelopment
    9  activities be viewed as opportunities to significantly improve
   10  the utilization, general condition, and appearance of these
   11  sites. Different standards than those in place for new
   12  development, as allowed under current state and local laws,
   13  should be used to the fullest extent to encourage the
   14  redevelopment of a brownfield. State and local governments are
   15  encouraged to offer redevelopment incentives for this purpose,
   16  as an ongoing public investment in infrastructure and services,
   17  to help eliminate the public health and environmental hazards,
   18  and to promote the creation of jobs in these areas. Such
   19  incentives may include financial, regulatory, and technical
   20  assistance to persons and businesses involved in the
   21  redevelopment of the brownfield pursuant to this act.
   22         (1) Financial incentives and local incentives for
   23  redevelopment may include, but not be limited to:
   24         (c) Safe neighborhood improvement districts as provided in
   25  ss. 163.501-163.516 ss. 163.501-163.523.
   26         Section 17. Subsections (2) and (3) of section 402.181,
   27  Florida Statutes, are amended to read:
   28         402.181 State Institutions Claims Program.—
   29         (2) Claims for restitution may be filed with the Department
   30  of Children and Families, the Department of Health, the
   31  Department of Juvenile Justice, the Department of Corrections,
   32  or the Agency for Persons with Disabilities. The claim must be
   33  filed with the department or agency responsible for monitoring
   34  the person who caused the medical injury or the property damage
   35  Legal Affairs at its office in accordance with regulations
   36  prescribed by the Department of Legal Affairs. The departments
   37  and agencies Department of Legal Affairs shall have the full
   38  power and authority to approve or deny hear, investigate, and
   39  determine all questions in respect to such claims and may is
   40  authorized, within the limits of current appropriations, to pay
   41  individual claims up to $1,000 or, with respect to children in
   42  foster care and their families, individual claims up to $1,500.
   43  Claims in excess of these amounts shall continue to require
   44  legislative approval.
   45         (3)(a)The Department of Children and Families, the
   46  Department of Health, the Department of Juvenile Justice, the
   47  Department of Corrections, and the Agency for Persons with
   48  Disabilities shall adopt rules to process claims and to ensure
   49  that eligible claimants receive restitution within a reasonable
   50  timeframe The Department of Legal Affairs shall make or cause to
   51  be made such investigations as it considers necessary in respect
   52  to such claims. Hearings shall be held in accordance with
   53  chapter 120.
   54         (b)The Department of Legal Affairs shall work with the
   55  Department of Children and Families, the Department of Health,
   56  the Department of Juvenile Justice, the Department of
   57  Corrections, and the Agency for Persons with Disabilities to
   58  streamline the process of investigations, hearings, and
   59  determinations with respect to claims under this section, to
   60  ensure that eligible claimants receive restitution within a
   61  reasonable time.
   62         Section 18. Subsections (2) and (3) of section 501.160,
   63  Florida Statutes, are amended to read:
   64         501.160 Rental or sale of essential commodities during a
   65  declared state of emergency; prohibition against unconscionable
   66  prices.—
   67         (2) Upon a declaration of a state of emergency by the
   68  Governor, it is unlawful and a violation of s. 501.204 for a
   69  person or her or his agent or employee to rent or sell or offer
   70  to rent or sell at an unconscionable price within the area for
   71  which the state of emergency is declared:,
   72         (a) Any essential commodity including, but not limited to,
   73  supplies, services, provisions, or equipment that is necessary
   74  for consumption or use as a direct result of the emergency.
   75         (b)Any dwelling unit or self-storage facility that is
   76  necessary for habitation or use as a direct result of the
   77  emergency.
   78  
   79  This prohibition is effective not to exceed 60 days under the
   80  initial declared state of emergency as defined in s. 252.36(2)
   81  and may be extended by an executive order issued by the Governor
   82  specifically referencing this section shall be renewed by
   83  statement in any subsequent renewals of the declared state of
   84  emergency by the Governor.
   85         (3)It is unlawful and a violation of s. 501.204 for any
   86  person to impose unconscionable prices for the rental or lease
   87  of any dwelling unit or self-storage facility during a period of
   88  declared state of emergency.
   89         Section 19. Subsection (2) of section 775.083, Florida
   90  Statutes, is amended to read:
   91         775.083 Fines.—
   92         (2) In addition to the fines set forth in subsection (1),
   93  court costs shall be assessed and collected in each instance a
   94  defendant pleads nolo contendere to, or is convicted of, or
   95  adjudicated delinquent for, a felony, a misdemeanor, or a
   96  criminal traffic offense under state law, or a violation of any
   97  municipal or county ordinance if the violation constitutes a
   98  misdemeanor under state law. The court costs imposed by this
   99  section shall be $50 for a felony and $20 for any other offense
  100  and shall be deposited by the clerk of the court into an
  101  appropriate county account for disbursement for the purposes
  102  provided in this subsection. A county shall account for the
  103  funds separately from other county funds as crime prevention
  104  funds. The county, in consultation with the sheriff, must expend
  105  such funds for crime prevention programs in the county,
  106  including safe neighborhood programs under ss. 163.501-163.523.
  107         Section 20. Section 812.171, Florida Statutes, is amended
  108  to read:
  109         812.171 Definition.—As used in this act, the term
  110  “convenience business” means any place of business that is
  111  primarily engaged in the retail sale of groceries, or both
  112  groceries and gasoline, and that is open for business at any
  113  time between the hours of 11 p.m. and 5 a.m., and that is
  114  licensed by the Division of Alcoholic Beverages and Tobacco
  115  within the Department of Business and Professional Regulation
  116  pursuant to chapter 210, chapter 561, chapter 562, chapter 563,
  117  chapter 564, chapter 565, or chapter 569, as applicable. The
  118  term “convenience business” does not include:
  119         (1) A business that is solely or primarily a restaurant.
  120         (2) A business that always has at least five employees on
  121  the premises after 11 p.m. and before 5 a.m.
  122         (3) A business that has at least 10,000 square feet of
  123  retail floor space.
  124         (4)A The term “convenience business” does not include any
  125  business in which the owner or members of his or her family work
  126  between the hours of 11 p.m. and 5 a.m.
  127         Section 21. Subsections (3), (4), and (5) of section
  128  812.173, Florida Statutes, are amended, and subsection (6) is
  129  added to that section, to read:
  130         812.173 Convenience business security.—
  131         (3) Every convenience business shall be equipped with a
  132  silent alarm to law enforcement or a private security agency,
  133  unless an application for an exemption, adopted by rule by the
  134  Division of Alcoholic Beverages and Tobacco, is made to and
  135  granted by the Division of Alcoholic Beverages and Tobacco
  136  Attorney General. An application for exemption must be in
  137  writing and must be accompanied by an administrative fee of $25
  138  for each store for which an exemption would apply.
  139         (4) If a murder, robbery, sexual battery, aggravated
  140  assault, aggravated battery, or kidnapping or false
  141  imprisonment, as those crimes are identified and defined by
  142  Florida Statutes, occurs or has occurred at a convenience
  143  business since July 1, 1989, and arises out of the operation of
  144  the convenience business, that convenience business shall notify
  145  the Division of Alcoholic Beverages and Tobacco in writing and
  146  shall implement at least one of the following security measures
  147  within 30 days after a judicial determination that one or more
  148  of the aforementioned identified crimes occurred at the
  149  convenience business:
  150         (a) Provide at least two employees on the premises at all
  151  times after 11 p.m. and before 5 a.m.;
  152         (b) Install for use by employees at all times after 11 p.m.
  153  and before 5 a.m. a secured safety enclosure of transparent
  154  polycarbonate or other material that meets at least one of the
  155  following minimum standards:
  156         1. American Society for Testing and Materials Standard
  157  D3935 (classification PC110 B 3 0800700) and that has a
  158  thickness of at least 0.375 inches and has an impact strength of
  159  at least 200 foot pounds; or
  160         2. Underwriters Laboratory Standard UL 752 for medium power
  161  small arms (level one), Bullet Resisting Equipment;
  162         (c) Provide a security guard on the premises at all times
  163  after 11 p.m. and before 5 a.m.;
  164         (d) Lock the business premises throughout the hours of 11
  165  p.m. to 5 a.m., and only transact business through an indirect
  166  pass-through trough, trapdoor, or window; or
  167         (e) Close the business at all times after 11 p.m. and
  168  before 5 a.m.
  169         (5) For purposes of this section, any convenience business
  170  that by law implemented any of the security measures set forth
  171  in paragraphs (4)(a)-(e) and has maintained said measures as
  172  required by the Division of Alcoholic Beverages and Tobacco
  173  Department of Legal Affairs without any occurrence or incidence
  174  of the crimes identified by subsection (4) for a period of no
  175  less than 24 months immediately preceding the filing of a notice
  176  of exemption, may file with the department a notice of exemption
  177  from these enhanced security measures. In no event shall this
  178  exemption be interpreted to preclude full compliance with the
  179  security measures set forth in subsection (4) should any
  180  occurrence or incidence of the crimes identified by subsection
  181  (4) cause subsection (4) to be statutorily applicable. As of
  182  July 1, 2021, the Division of Alcoholic Beverages and Tobacco
  183  the date this act becomes law, the Department of Legal Affairs
  184  will provide notice to any convenience business to which a
  185  subsection (4) incident has previously occurred between July 1,
  186  2019, and July 1, 2021. In no event shall the state or the
  187  Division of Alcoholic Beverages and Tobacco Department of Legal
  188  Affairs incur any liability for the regulation and enforcement
  189  of this act.
  190         (6)The Division of Alcoholic Beverages and Tobacco has the
  191  authority to investigate the premises and records of any
  192  licensee in order to determine whether the licensee is a
  193  convenience business and subject to this act.
  194         Section 22. Section 812.174, Florida Statutes, is amended
  195  to read:
  196         812.174 Training of employees.—The owner or principal
  197  operator of a convenience business or convenience businesses
  198  shall provide proper robbery deterrence and safety training by
  199  an approved curriculum to its retail employees within 60 days of
  200  employment. Existing retail employees shall receive training
  201  within 6 months of April 8, 1992. A proposed curriculum shall be
  202  submitted in writing to the Division of Alcoholic Beverages and
  203  Tobacco Attorney General with an administrative fee not to
  204  exceed $100. The Division of Alcoholic Beverages and Tobacco
  205  Attorney General shall review and approve or disapprove the
  206  curriculum in writing within 60 days after receipt. The state
  207  shall have no liability for approving or disapproving a training
  208  curriculum under this section. Approval shall be given to a
  209  curriculum which trains and familiarizes retail employees with
  210  the security principles, devices, and measures required by s.
  211  812.173. Disapproval of a curriculum shall be subject to the
  212  provisions of chapter 120. No person shall be liable for
  213  ordinary negligence due to implementing an approved curriculum
  214  if the training was actually provided. A curriculum must shall
  215  be submitted for reapproval biennially on or before the date
  216  established by rule by the Division of Alcoholic Beverages and
  217  Tobacco and must be accompanied by with an administrative fee
  218  not to exceed $100. Any curriculum approved by the Attorney
  219  General since September 1990 shall be subject to reapproval 2
  220  years from the anniversary of initial approval and biennially
  221  thereafter.
  222         Section 23. Section 812.175, Florida Statutes, is amended
  223  to read:
  224         812.175 Enforcement; civil fine.—
  225         (1) The violation of any provision of this act by any owner
  226  or principal operator of a convenience business shall result in
  227  a notice of violation from the Division of Alcoholic Beverages
  228  and Tobacco Attorney General. Violators shall have 30 days after
  229  receipt of the notice to provide proof of compliance to the
  230  Division of Alcoholic Beverages and Tobacco Attorney General’s
  231  office. If the violation continues after the 30-day period, the
  232  Division of Alcoholic Beverages and Tobacco Attorney General may
  233  impose a civil fine not to exceed $5,000. The Division of
  234  Alcoholic Beverages and Tobacco Attorney General has the
  235  authority to investigate any alleged violation and may
  236  compromise any alleged violation by accepting from the owner or
  237  principal operator an amount not to exceed $5,000. The Division
  238  of Alcoholic Beverages and Tobacco Attorney General may suspend
  239  the imposition of any fine conditioned upon terms the Division
  240  of Alcoholic Beverages and Tobacco Attorney General’s office in
  241  its discretion deems appropriate. Notices of violation and civil
  242  fines are shall be subject to the provisions of chapter 120.
  243         (2) Moneys received by the Division of Alcoholic Beverages
  244  and Tobacco Attorney General pursuant to this act must shall be
  245  deposited in the General Revenue Fund.
  246         (3) The Division of Alcoholic Beverages and Tobacco
  247  Attorney General is given full power and authority to petition
  248  for an injunction when it is determined that the health, safety,
  249  and public welfare is threatened by continued operation of a
  250  convenience business in violation of this act. In any action for
  251  injunction, the Division of Alcoholic Beverages and Tobacco
  252  Attorney General may seek a civil penalty not to exceed $5,000
  253  per violation, plus attorney’s fees and costs.
  254         (4) The Division of Alcoholic Beverages and Tobacco
  255  Attorney General may enter into agreements with local
  256  governments to assist in the enforcement of ss. 812.1701
  257  812.175. Such agreements may include provision for reimbursement
  258  of investigative and enforcement costs incurred by such local
  259  governments.
  260         Section 24. Section 812.176, Florida Statutes, is amended
  261  to read:
  262         812.176 Rulemaking authority.—The Division of Alcoholic
  263  Beverages and Tobacco Department of Legal Affairs shall have the
  264  power to adopt rules pursuant to chapter 120 as necessary to
  265  implement the provisions of the Convenience Business Security
  266  Act. The security measures and training provisions of ss.
  267  812.173 and 812.174 shall meet the requirements of the
  268  department as set forth by rule.
  269         Section 25. Section 3 of chapter 2019-127, Laws of Florida,
  270  is amended to read:
  271         Section 3. The amendments to ss. 893.055 and 893.0551,
  272  Florida Statutes, made by this act shall stand repealed on June
  273  30, 2023 June 30, 2021, unless reviewed and saved from repeal
  274  through reenactment by the Legislature. If such amendments are
  275  not saved from repeal, the text of ss. 893.055 and 893.0551,
  276  Florida Statutes, shall revert to that in existence on June 30,
  277  2019, except that any amendments to such text other than by this
  278  act shall be preserved and continue to operate to the extent
  279  that such amendments are not dependent upon the portions of text
  280  which expire pursuant to this section.
  281  
  282  ================= T I T L E  A M E N D M E N T ================
  283  And the title is amended as follows:
  284         Delete lines 26 - 56
  285  and insert:
  286         amending s. 376.84, F.S.; conforming a provision to
  287         changes made by the act; amending s. 402.181, F.S.;
  288         requiring certain claims for restitution to be filed
  289         with specified entities; removing the Department of
  290         Legal Affairs as an entity for such filings;
  291         authorizing the Department of Children and Families,
  292         the Department of Health, the Department of Juvenile
  293         Justice, the Department of Corrections, and the Agency
  294         for Persons with Disabilities to adopt rules to
  295         process specified claims; amending s. 501.160, F.S.;
  296         authorizing certain declarations during a state of
  297         emergency to be extended by executive order; amending
  298         s. 775.083, F.S.; conforming a provision to changes
  299         made by the act; amending s. 812.171, F.S.; revising a
  300         definition; amending ss. 812.173, 812.174, 812.175,
  301         and 812.176, F.S.; revising provisions to require that
  302         the Division of Alcoholic Beverages and Tobacco,
  303         instead of the Attorney General, regulate convenience
  304         businesses; amending chapter 2019-127, Laws of
  305         Florida; extending the timeframe for the Attorney
  306         General to access records from the prescription drug
  307         monitoring program when ordered by a court under
  308         specified provisions; delaying the scheduled repeal of
  309         amendments until a specified date unless reviewed and
  310         saved from repeal through reenactment by the
  311         Legislature; providing an effective date.