Florida Senate - 2025 SB 42
By Senator Passidomo
28-00527A-25 202542__
1 A reviser’s bill to be entitled
2 An act relating to the Florida Statutes; amending ss.
3 17.69, 30.61, 39.5035, 39.822, 39.8296, 50.051,
4 119.071, 121.051, 121.71, 154.506, 159.8053, 159.811,
5 175.032, 177.073, 193.703, 196.011, 196.1978,
6 215.55871, 280.051, 282.709, 284.51, 286.0113,
7 288.102, 288.987, 316.0083, 319.30, 320.08058, 322.27,
8 322.76, 330.41, 337.195, 341.302, 365.172, 373.250,
9 393.12, 394.468, 395.901, 397.68141, 403.031, 403.086,
10 403.121, 408.051, 409.909, 409.988, 420.606, 420.6241,
11 456.0145, 456.4501, 459.0075, 465.022, 466.016,
12 466.028, 466.0281, 493.6127, 516.15, 516.38, 517.131,
13 550.0351, 553.8991, 581.189, 605.0115, 607.0149,
14 624.27, 624.307, 624.413, 624.4213, 624.424, 624.470,
15 626.878, 627.410, 629.121, 648.25, 655.0591, 683.06,
16 709.2209, 715.105, 717.101, 717.1201, 718.111,
17 719.108, 720.303, 720.3033, 720.3075, 738.505,
18 812.141, 828.30, 921.0022, 938.10, 985.433, 1001.372,
19 1001.47, 1001.706, 1002.33, 1002.394, 1002.395,
20 1004.44, 1004.647, 1004.6499, 1004.64991, 1004.76,
21 1006.07, 1006.28, 1008.34, 1009.23, 1009.895,
22 1011.804, 1012.22, and 1012.55, F.S; reenacting and
23 amending s. 394.467, F.S.; reenacting ss. 569.31,
24 895.02(8), 1003.485, and 1012.315, F.S.; and repealing
25 s. 331.370, F.S.; deleting provisions that have
26 expired, have become obsolete, have had their effect,
27 have served their purpose, or have been impliedly
28 repealed or superseded; replacing incorrect cross
29 references and citations; correcting grammatical,
30 typographical, and like errors; removing
31 inconsistencies, redundancies, and unnecessary
32 repetition in the statutes; and improving the clarity
33 of the statutes and facilitating their correct
34 interpretation; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Paragraph (b) of subsection (3) of section
39 17.69, Florida Statutes, is amended to read:
40 17.69 Federal Tax Liaison.—
41 (3) The Federal Tax Liaison may:
42 (b) Direct taxpayers to the proper division or office
43 within the Internal Revenue Service in order to facilitate
44 timely resolution of to taxpayer issues.
45 Reviser’s note.—Amended to confirm an editorial substitution to
46 improve clarity.
47 Section 2. Subsection (2) of section 30.61, Florida
48 Statutes, is amended to read:
49 30.61 Establishment of civilian oversight boards.—
50 (2) The board must be composed of at least three and up to
51 seven members appointed by the sheriff, one of whom which shall
52 be a retired law enforcement officer.
53 Reviser’s note.—Amended to confirm an editorial substitution to
54 conform to context.
55 Section 3. Paragraph (c) of subsection (4) of section
56 39.5035, Florida Statutes, is amended to read:
57 39.5035 Deceased parents; special procedures.—
58 (4) Notice of the date, time, and place of the adjudicatory
59 hearing and a copy of the petition must be served on the
60 following persons:
61 (c) The guardian ad litem for the child or the
62 representative of the Statewide Guardian ad Litem Office
63 guardian ad litem program, if the office program has been
64 appointed.
65 Reviser’s note.—Amended pursuant to the directive of the
66 Legislature in s. 61, ch. 2024-70, Laws of Florida, to the
67 Division of Law Revision to prepare a reviser’s bill for
68 the 2025 Regular Session of the Legislature to change the
69 terms “Guardian ad Litem Program” and “State Guardian ad
70 Litem Program” throughout the Florida Statutes to
71 “Statewide Guardian ad Litem Office.”
72 Section 4. Paragraph (a) of subsection (2) of section
73 39.822, Florida Statutes, is amended to read:
74 39.822 Appointment of guardian ad litem for abused,
75 abandoned, or neglected child.—
76 (2)(a) A guardian ad litem must:
77 1. Be present at all court hearings unless excused by the
78 court.
79 2. Investigate issues related to the best interest of the
80 child who is the subject of the appointment, review all
81 disposition recommendations and changes in placement, and,
82 unless excused by the court, file written reports and
83 recommendations in accordance with general law.
84 3. Represent the child until the court’s jurisdiction over
85 the child terminates or until excused by the court.
86 4. Advocate for the child’s participation in the
87 proceedings and to report the child’s preferences to the court,
88 to the extent the child has the ability and desire to express
89 his or her preferences.
90 5. Perform other duties that are consistent with the scope
91 of the appointment.
92 Reviser’s note.—Amended to confirm an editorial deletion to
93 improve clarity.
94 Section 5. Paragraph (b) of subsection (2) of section
95 39.8296, Florida Statutes, is amended to read:
96 39.8296 Statewide Guardian ad Litem Office; legislative
97 findings and intent; creation; appointment of executive
98 director; duties of office.—
99 (2) STATEWIDE GUARDIAN AD LITEM OFFICE.—There is created a
100 Statewide Guardian ad Litem Office within the Justice
101 Administrative Commission. The Justice Administrative Commission
102 shall provide administrative support and service to the office
103 to the extent requested by the executive director within the
104 available resources of the commission. The Statewide Guardian ad
105 Litem Office is not subject to control, supervision, or
106 direction by the Justice Administrative Commission in the
107 performance of its duties, but the employees of the office are
108 governed by the classification plan and salary and benefits plan
109 approved by the Justice Administrative Commission.
110 (b) The Statewide Guardian ad Litem Office shall, within
111 available resources, have oversight responsibilities for and
112 provide technical assistance to all guardian ad litem and
113 attorney ad litem offices located within the judicial circuits.
114 1. The office shall identify the resources required to
115 implement methods of collecting, reporting, and tracking
116 reliable and consistent case data.
117 2. The office shall review the current guardian ad litem
118 offices in Florida and other states.
119 3. The office, in consultation with local guardian ad litem
120 offices, shall develop statewide performance measures and
121 standards.
122 4. The office shall develop and maintain a guardian ad
123 litem training program, which must be updated regularly.
124 5. The office shall review the various methods of funding
125 guardian ad litem offices, maximize the use of those funding
126 sources to the extent possible, and review the kinds of services
127 being provided by circuit guardian ad litem offices.
128 6. The office shall determine the feasibility or
129 desirability of new concepts of organization, administration,
130 financing, or service delivery designed to preserve the civil
131 and constitutional rights and fulfill other needs of dependent
132 children.
133 7. The office shall ensure that each child has an attorney
134 assigned to his or her case and, within available resources, is
135 represented using multidisciplinary teams that may include
136 volunteers, pro bono attorneys, social workers, and mentors.
137 8. The office shall provide oversight and technical
138 assistance to attorneys ad litem, including, but not limited to,
139 all of the following:
140 a. Development of Develop an attorney ad litem training
141 program in collaboration with dependency court stakeholders,
142 including, but not limited to, dependency judges,
143 representatives from legal aid providing attorney ad litem
144 representation, and an attorney ad litem appointed from a
145 registry maintained by the chief judge. The training program
146 must be updated regularly with or without convening the
147 stakeholders group.
148 b. Offering Offer consultation and technical assistance to
149 chief judges in maintaining attorney registries for the
150 selection of attorneys ad litem.
151 c. Assistance Assist with recruitment, training, and
152 mentoring of attorneys ad litem as needed.
153 9. In an effort to promote normalcy and establish trust
154 between a guardian ad litem and a child alleged to be abused,
155 abandoned, or neglected under this chapter, a guardian ad litem
156 may transport a child. However, a guardian ad litem may not be
157 required by a guardian ad litem circuit office or ordered by a
158 court to transport a child.
159 10. The office shall submit to the Governor, the President
160 of the Senate, the Speaker of the House of Representatives, and
161 the Chief Justice of the Supreme Court an interim report
162 describing the progress of the office in meeting the goals as
163 described in this section. The office shall submit to the
164 Governor, the President of the Senate, the Speaker of the House
165 of Representatives, and the Chief Justice of the Supreme Court a
166 proposed plan including alternatives for meeting the state’s
167 guardian ad litem and attorney ad litem needs. This plan may
168 include recommendations for less than the entire state, may
169 include a phase-in system, and shall include estimates of the
170 cost of each of the alternatives. Each year the office shall
171 provide a status report and provide further recommendations to
172 address the need for guardian ad litem representation and
173 related issues.
174 Reviser’s note.—Amended to improve structure.
175 Section 6. Section 50.051, Florida Statutes, is amended to
176 read:
177 50.051 Proof of publication; form of uniform affidavit.—The
178 printed form upon which all such affidavits establishing proof
179 of publication are to be executed shall be substantially as
180 follows:
181
182 NAME OF COUNTY
183
184 STATE OF FLORIDA
185
186 COUNTY OF ....:
187 Before the undersigned authority personally appeared ....,
188 who on oath says that he or she is .... of .... County, Florida;
189 that the attached copy of advertisement, being a .... in the
190 matter of .... in the .... Court, was published on the publicly
191 accessible website of .... County, Florida, or in a newspaper by
192 print in the issues of .... on ...(date)....
193 Affiant further says that the website or newspaper complies
194 with all legal requirements for publication in chapter 50,
195 Florida Statutes.
196
197 Sworn to and subscribed before me this .... day of ....,
198 ...(year)..., by ...., who is personally known to me or who has
199 produced ...(type of identification)... as identification.
200
201 ...(Signature of Notary Public)...
202
203 ...(Print, Type, or Stamp Commissioned Name of Notary Public)...
204
205 ...(Notary Public)...
206 Reviser’s note.—Amended to conform to general style in forms.
207 Section 7. Paragraph (e) of subsection (3) of section
208 119.071, Florida Statutes, is amended to read:
209 119.071 General exemptions from inspection or copying of
210 public records.—
211 (3) SECURITY AND FIRESAFETY.—
212 (e)1.a. Building plans, blueprints, schematic drawings, and
213 diagrams, including draft, preliminary, and final formats, which
214 depict the structural elements of 911, E911, or public safety
215 radio communication system infrastructure, including towers,
216 antennas antennae, equipment or facilities used to provide 911,
217 E911, or public safety radio communication services, or other
218 911, E911, or public safety radio communication structures or
219 facilities owned and operated by an agency are exempt from s.
220 119.07(1) and s. 24(a), Art. I of the State Constitution.
221 b. Geographical maps indicating the actual or proposed
222 locations of 911, E911, or public safety radio communication
223 system infrastructure, including towers, antennas antennae,
224 equipment or facilities used to provide 911, E911, or public
225 safety radio services, or other 911, E911, or public safety
226 radio communication structures or facilities owned and operated
227 by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I
228 of the State Constitution.
229 2. This exemption applies to building plans, blueprints,
230 schematic drawings, and diagrams, including draft, preliminary,
231 and final formats, which depict the structural elements of 911,
232 E911, or public safety radio communication system infrastructure
233 or other 911, E911, or public safety radio communication
234 structures or facilities owned and operated by an agency, and
235 geographical maps indicating actual or proposed locations of
236 911, E911, or public safety radio communication system
237 infrastructure or other 911, E911, or public safety radio
238 communication structures or facilities owned and operated by an
239 agency, before, on, or after the effective date of this act.
240 3. Information made exempt by this paragraph may be
241 disclosed:
242 a. To another governmental entity if disclosure is
243 necessary for the receiving entity to perform its duties and
244 responsibilities;
245 b. To a licensed architect, engineer, or contractor who is
246 performing work on or related to the 911, E911, or public safety
247 radio communication system infrastructure, including towers,
248 antennas antennae, equipment or facilities used to provide 911,
249 E911, or public safety radio communication services, or other
250 911, E911, or public safety radio communication structures or
251 facilities owned and operated by an agency; or
252 c. Upon a showing of good cause before a court of competent
253 jurisdiction.
254 4. The entities or persons receiving such information must
255 maintain the exempt status of the information.
256 5. For purposes of this paragraph, the term “public safety
257 radio” is defined as the means of communication between and
258 among 911 public safety answering points, dispatchers, and first
259 responder agencies using those portions of the radio frequency
260 spectrum designated by the Federal Communications Commission
261 under 47 C.F.R. part 90 for public safety purposes.
262 6. This paragraph is subject to the Open Government Sunset
263 Review Act in accordance with s. 119.15 and shall stand repealed
264 on October 2, 2025, unless reviewed and saved from repeal
265 through reenactment by the Legislature.
266 Reviser’s note.—Amended to conform to the general usage of
267 “antennas” when referencing transducers and “antennae” when
268 referencing insect parts.
269 Section 8. Paragraph (a) of subsection (2) of section
270 121.051, Florida Statutes, is amended to read:
271 121.051 Participation in the system.—
272 (2) OPTIONAL PARTICIPATION.—
273 (a)1. Any officer or employee who is a member of an
274 existing system, except any officer or employee of any nonprofit
275 professional association or corporation, may elect, if eligible,
276 to become a member of this system at any time between April 15,
277 1971, and June 1, 1971, inclusive, by notifying his or her
278 employer in writing of the desire to transfer membership from
279 the existing system to this system. Any officer or employee who
280 was a member of an existing system on December 1, 1970, and who
281 did not elect to become a member of this system shall continue
282 to be covered under the existing system subject to the
283 provisions of s. 121.045. A person who has retired under any
284 state retirement system shall not be eligible to transfer to the
285 Florida Retirement System created by this chapter subsequent to
286 such retirement. Any officer or employee who, prior to July 1,
287 1947, filed a written rejection of membership in a state
288 retirement system and who continues employment without
289 participating in the Florida Retirement System may withdraw the
290 rejection in writing and, if otherwise eligible, participate in
291 the Florida Retirement System and purchase prior service in
292 accordance with this chapter. Any former member of an existing
293 system who was permitted to transfer to the Florida Retirement
294 System while employed by the University Athletic Association,
295 Inc., a nonprofit association connected with the University of
296 Florida, during this or subsequent transfer periods, contrary to
297 the provisions of this paragraph, is hereby confirmed as a
298 member of the Florida Retirement System, the provisions of this
299 paragraph to the contrary notwithstanding. Any officer or
300 employee of the University Athletic Association, Inc., employed
301 prior to July 1, 1979, who was a member of the Florida
302 Retirement System and who chose in writing on a University
303 Athletic Association Plan Participation Election form, between
304 July 1, 1979, and March 31, 1980, inclusively, to terminate his
305 or her participation in the Florida Retirement System shall
306 hereby have such termination of participation confirmed and
307 declared irrevocable retroactive to the date Florida Retirement
308 System retirement contributions ceased to be reported for such
309 officer or employee. The following specific conditions shall
310 apply to any such officer or employee whose participation was so
311 terminated: The officer or employee shall retain all creditable
312 service earned in the Florida Retirement System through the
313 month that retirement contributions ceased to be reported and no
314 creditable service shall be earned after such month; the officer
315 or employee shall not be eligible for disability retirement or
316 death in line of duty benefits if such occurred after the date
317 that participation terminated; and, the officer or employee may
318 participate in the Florida Retirement System in the future only
319 if employed by a participating employer in a regularly
320 established position.
321 2. Any member transferring from the existing system under
322 chapter 238 shall retain rights to survivor benefits under that
323 chapter through November 30, 1975, or until fully insured for
324 disability benefits under social security, whichever is the
325 earliest date, and thereafter no such rights shall exist.
326 3. Any officer or employee who is a member of an existing
327 system on April 15, 1972, and who was eligible to transfer to
328 this system under the provisions of subparagraph 1., but who
329 elected to remain in the existing system, may elect, if eligible
330 under the Social Security Act, 42 U.S.C. s. 418(d)(6)(F), to
331 become a member of this system at any time between April 15,
332 1972, and June 30, 1972, inclusive, by notifying his or her
333 employer in writing of the desire to transfer membership from an
334 existing system to this system. Such transfer shall be subject
335 to the following conditions:
336 a. All persons electing to transfer to the Florida
337 Retirement System under this subparagraph shall be transferred
338 on July 1, 1972, and shall thereafter be subject to the
339 provisions of the Florida Retirement System retroactively to
340 November 30, 1970, and at retirement have their benefits
341 calculated in accordance with the provisions of s. 121.091.
342 b. Social security coverage incidental to such elective
343 membership in the Florida Retirement System shall be effective
344 November 30, 1970, and all amounts required from a member for
345 retroactive social security coverage shall, at the time such
346 election is made, be deducted from the individual account of the
347 member, and the difference between the amount remaining in the
348 individual account of such member and the total amount which
349 such member would have contributed had he or she become a member
350 of the Florida Retirement System on November 30, 1970, shall be
351 paid into the system trust fund and added to the member’s
352 individual account prior to July 1, 1975, or by his or her date
353 of retirement, if earlier. Interest at the rate of 8 percent per
354 annum, compounded annually until paid, shall be charged on any
355 balance remaining unpaid on said date.
356 c. There is appropriated out of the system trust fund into
357 the Social Security Contribution Trust Fund the amount required
358 by federal laws and regulations to be contributed with respect
359 to social security coverage for the years after November 30,
360 1970, of the members of an existing system who transfer to the
361 Florida Retirement System in accordance with this subparagraph
362 and who qualify for retroactive social security coverage. The
363 amount paid from this appropriation with respect to the
364 employees of any employer shall be charged to the employing
365 agency. There shall be credited against this charge the
366 difference between the matching contributions actually made for
367 the affected employees from November 30, 1970, to June 30, 1972,
368 and the amount of matching contributions that would have been
369 required under the Florida Retirement System.
370 d. The net amounts charged the employing agencies for
371 employees transferring to the Florida Retirement System under
372 this subparagraph shall be paid to the system trust fund prior
373 to July 1, 1975. Interest at the rate of 8 percent per annum,
374 compounded annually until paid, shall be charged on any balance
375 remaining unpaid on said date.
376 e. The administrator shall request such modification of the
377 state’s agreement with the Social Security Administration, or
378 any referendum required under the Social Security Act governing
379 social security coverage, as may be required to implement the
380 provisions of this law. Retroactive social security coverage for
381 service with an employer prior to November 30, 1970, shall not
382 be provided for any member who was not covered under the
383 agreement as of November 30, 1970.
384 4. Any officer or employee who was a member of an existing
385 system on December 1, 1970, and who is still a member of an
386 existing system, except any officer or employee of any nonprofit
387 professional association or corporation, may elect, if eligible,
388 to become a member of this system at any time between September
389 1, 1974, and November 30, 1974, inclusive, by notifying his or
390 her employer in writing of the desire to transfer membership
391 from the existing system to this system. This decision to
392 transfer or not to transfer shall become irrevocable on November
393 30, 1974. All members electing to transfer during the transfer
394 period shall become members of the Florida Retirement System on
395 January 1, 1975, and shall be subject to the provisions of the
396 Florida Retirement System on and after that date. Any officer or
397 employee who was a member of an existing system on December 1,
398 1970, and who does not elect to become a member of this system
399 shall continue to be covered under the existing system, subject
400 to the provisions of s. 121.045. Any member transferring from
401 the Teachers’ Retirement System of Florida under chapter 238 to
402 the Florida Retirement System on January 1, 1975, shall retain
403 rights to survivor benefits under chapter 238 from January 1,
404 1975, through December 31, 1979, or until fully insured for
405 disability benefits under the Social Security Act, whichever is
406 the earliest date, and thereafter no such rights shall exist.
407 5.a. Any officer or employee who was a member of an
408 existing system on December 1, 1970, and who is still a member
409 of an existing system, except any officer or employee of any
410 nonprofit professional association or corporation, may elect, if
411 eligible, to become a member of this system at any time between
412 January 2, 1982, and May 31, 1982, inclusive, by notifying his
413 or her employer in writing of the desire to transfer membership
414 from the existing system to this system. This decision to
415 transfer or not to transfer shall become irrevocable on May 31,
416 1982. All members electing to transfer during the transfer
417 period shall become members of the Florida Retirement System on
418 July 1, 1982, and shall be subject to the provisions of the
419 Florida Retirement System on and after that date. Any officer or
420 employee who was a member of an existing system on December 1,
421 1970, and who does not elect to become a member of this system
422 shall continue to be covered under the existing system, subject
423 to the provisions of s. 121.045. Any member transferring from
424 the Teachers’ Retirement System under chapter 238 to the Florida
425 Retirement System on January 1, 1979, shall retain rights to
426 survivor benefits under chapter 238 from January 1, 1979,
427 through December 31, 1983, or until fully insured for disability
428 benefits under the federal Social Security Act, whichever is the
429 earliest date, and thereafter no such rights shall exist. Any
430 such member transferring to the Florida Retirement System on
431 July 1, 1982, shall retain rights to survivor benefits under
432 chapter 238 from July 1, 1982, through June 30, 1987, or until
433 fully insured for disability benefits under the federal Social
434 Security Act, whichever is the earliest date, and thereafter no
435 such rights shall exist.
436 b. Any deficit, as determined by the state actuary,
437 accruing to the Survivors’ Benefit Trust Fund of the Teachers’
438 Retirement System and resulting from the passage of chapter 78
439 308, Laws of Florida, and chapter 80-242, Laws of Florida, shall
440 become an obligation of the Florida Retirement System Trust
441 Fund.
442 6. Any active member of an existing system who was not
443 employed in a covered position during a time when transfer to
444 the Florida Retirement System was allowed as described in rule
445 22B-1.004(2)(a), Florida Administrative Code, or as provided in
446 paragraph (1)(c) of this section, may elect, if eligible, to
447 become a member of this system at any time between January 1,
448 1991, and May 29, 1991, inclusive, by notifying his or her
449 employer in writing of the desire to transfer membership from
450 the existing system to this system. The decision to transfer or
451 not to transfer shall become irrevocable on May 29, 1991.
452 Failure to notify the employer shall result in compulsory
453 membership in the existing system. All members electing to
454 transfer during the transfer period shall become members of the
455 Florida Retirement System on July 1, 1991, and shall be subject
456 to the provisions of the Florida Retirement System on and after
457 that date. Any member so transferring from the existing system
458 under chapter 238 to the Florida Retirement System on July 1,
459 1991, shall retain rights to survivor benefits under that
460 chapter from July 1, 1991, through June 30, 1996, or until fully
461 insured for benefits under the federal Social Security Act,
462 whichever is the earliest date, and thereafter no such rights
463 shall exist.
464 Reviser’s note.—Amended to delete obsolete language.
465 Section 9. Subsection (5) of section 121.71, Florida
466 Statutes, is amended to read:
467 121.71 Uniform rates; process; calculations; levy.—
468 (5) In order to address unfunded actuarial liabilities of
469 the system, the required employer retirement contribution rates
470 for each membership class and subclass of the Florida Retirement
471 System for both retirement plans are as follows:
472
473 Membership Class Percentage ofGrossCompensation,EffectiveJuly 1, 2024
474
475 Regular Class 4.84%
476 Special Risk Class 12.07%
477 Special Risk Administrative Support Class 26.22%
478 Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 50.21%
479 Elected Officers’ Class— Justices, Judges 28.49%
480 Elected Officers’ Class— County Elected Officers 44.23%
481 Senior Management Service Class 23.90%
482 DROP 10.64%
483 Reviser’s note.—Amended to confirm the editorial reinsertion of
484 percent signs stricken by s. 3, ch. 2024-92, Laws of
485 Florida, to facilitate correct interpretation.
486 Section 10. Subsections (1) and (3) of section 154.506,
487 Florida Statutes, are amended to read:
488 154.506 Primary care for children and families challenge
489 grant awards.—
490 (1) Primary care for children and families challenge grants
491 shall be awarded on a matching basis. The county or counties
492 shall provide $1 in local matching funds for each $2 grant
493 payment made by the state. Except as provided in subsection (2),
494 up to 50 percent of the county match may be in-kind in the form
495 of free hospital and physician services. However, a county shall
496 not supplant the value of donated services in fiscal year 1996
497 as documented in the volunteer health care provider program
498 annual report. The department shall develop a methodology for
499 determining the value of an in-kind match. Any third party
500 reimbursement and all fees collected shall not be considered
501 local match or in-kind contributions. Fifty percent of the local
502 match shall be in the form of cash.
503 (3) Grant awards shall be based on a county’s population
504 size, or each individual county’s size in a group of counties,
505 and other factors, in an amount as determined by the department.
506 However, for fiscal year 1997-1998, no fewer than four grants
507 shall be awarded.
508 Reviser’s note.—Amended to delete obsolete language.
509 Section 11. Paragraph (g) of subsection (2) of section
510 159.8053, Florida Statutes, is amended to read:
511 159.8053 Issuance reports; final certification of
512 allocation.—
513 (2) Each issuance report must include all of the following
514 information:
515 (g) The purpose for which the bonds were issued, including
516 the private business or entity that will benefit from or use the
517 proceeds of the bonds; the name of the project, if known; the
518 location of the project; whether the project is an acquisition
519 of an existing facility or new construction; and the number of
520 products manufactured or the number of residential units, if
521 applicable.
522 Reviser’s note.—Amended to confirm an editorial insertion to
523 improve clarity.
524 Section 12. Subsection (1) of section 159.811, Florida
525 Statutes, is amended to read:
526 159.811 Fees; trust fund.—
527 (1) There shall be imposed a nonrefundable fee on each
528 notice of intent to issue a private activity bond filed with the
529 division pursuant to s. 159.8051. A notice of intent to issue
530 may not be accepted by the division unless and until the fee has
531 been paid. The fee, which may be revised from time to time, must
532 be an amount sufficient to cover all expenses of maintaining the
533 allocation system in this part. The amount of the fee may not
534 exceed $500 and may be adjusted no more than once every 6
535 months. The fee must be included in the division’s schedule of
536 fees and expenses in s. 215.65(3).
537 Reviser’s note.—Amended to confirm an editorial insertion to
538 improve clarity.
539 Section 13. Subsection (2) of section 175.032, Florida
540 Statutes, is amended to read:
541 175.032 Definitions.—For any municipality, special fire
542 control district, chapter plan, local law municipality, local
543 law special fire control district, or local law plan under this
544 chapter, the term:
545 (2) “Average final compensation” for:
546 (a) A full-time firefighter means one-twelfth of the
547 average annual compensation of the 5 best years of the last 10
548 years of creditable service before retirement, termination, or
549 death, or the career average as a full-time firefighter since
550 July 1, 1953, whichever is greater. A year is 12 consecutive
551 months or such other consecutive period of time as is used and
552 consistently applied.
553 (b) A volunteer firefighter means the average salary of the
554 5 best years of the last 10 best contributing years before
555 change in status to a permanent full-time firefighter or
556 retirement as a volunteer firefighter or the career average of a
557 volunteer firefighter, since July 1, 1953, whichever is greater.
558 Reviser’s note.—Amended to delete obsolete language.
559 Section 14. Paragraph (b) of subsection (1) of section
560 177.073, Florida Statutes, is amended to read:
561 177.073 Expedited approval of residential building permits
562 before a final plat is recorded.—
563 (1) As used in this section, the term:
564 (b) “Final plat” means the final tracing, map, or site plan
565 presented by the subdivider to a governing body for final
566 approval, and, upon approval by the appropriate governing body,
567 is submitted to the clerk of the circuit court for recording.
568 Reviser’s note.—Amended to improve sentence structure.
569 Section 15. Paragraph (b) of subsection (7) of section
570 193.703, Florida Statutes, is amended to read:
571 193.703 Reduction in assessment for living quarters of
572 parents or grandparents.—
573 (7)
574 (b)1. If a reduction is improperly granted due to a
575 clerical mistake or omission by the property appraiser, the
576 person who improperly received the reduction may not be assessed
577 a penalty or interest. Back taxes shall apply only as follows:
578 a. If the person who received the reduction in assessed
579 value as a result of a clerical mistake or omission voluntarily
580 discloses to the property appraiser that he or she was not
581 entitled to the reduction in assessed value before the property
582 appraiser notifies the owner of the mistake or omission, no back
583 taxes shall be due.
584 b. If the person who received the reduction in assessed
585 value as a result of a clerical mistake or omission does not
586 voluntarily disclose to the property appraiser that he or she
587 was not entitled to the limitation before the property appraiser
588 notifies the owner of the mistake or omission, back taxes shall
589 be due for any year or years that the owner was not entitled to
590 the limitation within the 5 years before the property appraiser
591 notified the owner of the mistake or omission.
592 2. The property appraiser shall serve upon an owner who
593 that owes back taxes under sub-subparagraph 1.b. a notice of
594 intent to record in the public records of the county a notice of
595 tax lien against any property owned by that person in the
596 county, and such property must be identified in the notice of
597 tax lien. The property appraiser must include with such notice
598 information explaining why the owner is not entitled to the
599 limitation, the years for which unpaid taxes are due, and the
600 manner in which unpaid taxes have been calculated. Before such
601 lien may be filed, the owner must be given 30 days within which
602 to pay the taxes, penalties, and interest. Such lien is subject
603 to s. 196.161(3).
604 Reviser’s note.—Amended to confirm an editorial substitution to
605 conform to context.
606 Section 16. Subsection (1) of section 196.011, Florida
607 Statutes, is amended to read:
608 196.011 Annual application required for exemption.—
609 (1)(a) Except as provided in s. 196.081(1)(b), every person
610 or organization who, on January 1, has the legal title to real
611 or personal property, except inventory, which is entitled by law
612 to exemption from taxation as a result of its ownership and use
613 shall, on or before March 1 of each year, file an application
614 for exemption with the county property appraiser, listing and
615 describing the property for which exemption is claimed and
616 certifying its ownership and use. The Department of Revenue
617 shall prescribe the forms upon which the application is made.
618 Failure to make application, when required, on or before March 1
619 of any year shall constitute a waiver of the exemption privilege
620 for that year, except as provided in subsection (8) (7) or
621 subsection (9).
622 (b) The form to apply for an exemption under s. 196.031, s.
623 196.081, s. 196.091, s. 196.101, s. 196.102, s. 196.173, or s.
624 196.202 must include a space for the applicant to list the
625 social security number of the applicant and of the applicant’s
626 spouse, if any. If an applicant files a timely and otherwise
627 complete application, and omits the required social security
628 numbers, the application is incomplete. In that event, the
629 property appraiser shall contact the applicant, who may refile a
630 complete application by April 1. Failure to file a complete
631 application by that date constitutes a waiver of the exemption
632 privilege for that year, except as provided in subsection (8)
633 (7) or subsection (9).
634 Reviser’s note.—Amended to conform to the redesignation of
635 former subsection (7) as subsection (8) by s. 4, ch. 2024
636 101, Laws of Florida.
637 Section 17. Paragraph (b) of subsection (4) of section
638 196.1978, Florida Statutes, is amended to read:
639 196.1978 Affordable housing property exemption.—
640 (4)
641 (b) The multifamily project must:
642 1. Be composed of an improvement to land where an
643 improvement did not previously exist or the construction of a
644 new improvement where an old improvement was removed, which was
645 substantially completed within 2 years before the first
646 submission of an application for exemption under this
647 subsection. For purposes of this subsection, the term
648 “substantially completed” has the same definition as in s.
649 192.042(1).
650 2. Contain more than 70 units that are used to provide
651 affordable housing to natural persons or families meeting the
652 extremely-low-income, very-low-income, or low-income limits
653 specified in s. 420.0004.
654 3. Be subject to a land use restriction agreement with the
655 Florida Housing Finance Corporation recorded in the official
656 records of the county in which the property is located that
657 requires that the property be used for 99 years to provide
658 affordable housing to natural persons or families meeting the
659 extremely-low-income, very-low-income, low-income, or moderate
660 income limits specified in s. 420.0004. The agreement must
661 include a provision for a penalty for ceasing to provide
662 affordable housing under the agreement before the end of the
663 agreement term that is equal to 100 percent of the total amount
664 financed by the corporation multiplied by each year remaining in
665 the agreement. The agreement may be terminated or modified
666 without penalty if the exemption under this subsection is
667 repealed.
668
669 The property is no longer eligible for this exemption if the
670 property no longer serves extremely-low-income, very-low-income,
671 or low-income persons pursuant to the recorded agreement.
672 Reviser’s note.—Amended to confirm an editorial insertion to
673 improve clarity.
674 Section 18. Paragraph (c) of subsection (5) of section
675 215.55871, Florida Statutes, is amended to read:
676 215.55871 My Safe Florida Condominium Pilot Program.—There
677 is established within the Department of Financial Services the
678 My Safe Florida Condominium Pilot Program to be implemented
679 pursuant to appropriations. The department shall provide fiscal
680 accountability, contract management, and strategic leadership
681 for the pilot program, consistent with this section. This
682 section does not create an entitlement for associations or unit
683 owners or obligate the state in any way to fund the inspection
684 or retrofitting of condominiums in the state. Implementation of
685 this pilot program is subject to annual legislative
686 appropriations. It is the intent of the Legislature that the My
687 Safe Florida Condominium Pilot Program provide licensed
688 inspectors to perform inspections for and grants to eligible
689 associations as funding allows.
690 (5) MITIGATION GRANTS.—Financial grants may be used by
691 associations to make improvements recommended in a hurricane
692 mitigation inspection report which increase the condominium’s
693 resistance to hurricane damage.
694 (c) An association awarded a grant must complete the entire
695 mitigation project in order to receive the final grant award and
696 must agree to make the property available for a final inspection
697 once the mitigation project is finished to ensure the mitigation
698 improvements are completed in a manner matter consistent with
699 the intent of the pilot program and meet or exceed the
700 applicable Florida Building Code requirements. Construction must
701 be completed and the association must submit a request to the
702 department for a final inspection, or request an extension of
703 time, within 1 year after receiving grant approval. If the
704 association fails to comply with this paragraph, the application
705 is deemed abandoned and the grant money reverts back to the
706 department.
707 Reviser’s note.—Amended to confirm an editorial substitution to
708 conform to context.
709 Section 19. Section 280.051, Florida Statutes, is amended
710 to read:
711 280.051 Grounds for suspension or disqualification of a
712 qualified public depository.—A qualified public depository may
713 be suspended or disqualified or both if the Chief Financial
714 Officer determines that the qualified public depository has:
715 (1) Has violated any of the provisions of this chapter or
716 any rule adopted by the Chief Financial Officer pursuant to this
717 chapter.
718 (2) Has submitted reports containing inaccurate or
719 incomplete information regarding public deposits or collateral
720 for such deposits, tangible equity capital, or the calculation
721 of required collateral.
722 (3) Has failed to maintain required collateral.
723 (4) Has grossly misstated the market value of the
724 securities pledged as collateral.
725 (5) Has failed to pay any administrative penalty.
726 (6) Has failed to furnish the Chief Financial Officer with
727 prompt and accurate information, or failed to allow inspection
728 and verification of any information, dealing with public
729 deposits or dealing with the exact status of its tangible equity
730 capital, or other financial information that the Chief Financial
731 Officer determines necessary to verify compliance with this
732 chapter or any rule adopted pursuant to this chapter.
733 (7) Has failed to furnish the Chief Financial Officer, when
734 the Chief Financial Officer requested, with a power of attorney
735 or bond power or other bond assignment form required by the bond
736 agent, bond trustee, or other transferor for each issue of
737 registered certificated securities pledged.
738 (8) Has failed to furnish any agreement, report, form, or
739 other information required to be filed pursuant to s. 280.16, or
740 when requested by the Chief Financial Officer.
741 (9) Has submitted reports signed by an unauthorized
742 individual.
743 (10) Has submitted reports without a certified or verified
744 signature, or both, if required by law.
745 (11) Has released a security without notice or approval.
746 (12) Has failed to execute or have the custodian execute a
747 collateral control agreement before using a custodian.
748 (13) Has failed to give notification as required by s.
749 280.10.
750 (14) Has failed to file the attestation required under s.
751 280.025.
752 (15) No longer meets the definition of a qualified public
753 depository under s. 280.02.
754 Reviser’s note.—Amended to improve clarity.
755 Section 20. Paragraph (c) of subsection (1) of section
756 282.709, Florida Statutes, is amended to read:
757 282.709 State agency law enforcement radio system and
758 interoperability network.—
759 (1) The department may acquire and administer a statewide
760 radio communications system to serve law enforcement units of
761 state agencies, and to serve local law enforcement agencies
762 through mutual aid channels.
763 (c)1. The department may rent or lease space on any tower
764 under its control and refuse to lease space on any tower at any
765 site.
766 2. The department may rent, lease, or sublease ground space
767 as necessary to locate equipment to support antennas antennae on
768 the towers. The costs for the use of such space shall be
769 established by the department for each site if it is determined
770 to be practicable and feasible to make space available.
771 3. The department may rent, lease, or sublease ground space
772 on lands acquired by the department for the construction of
773 privately owned or publicly owned towers. The department may, as
774 a part of such rental, lease, or sublease agreement, require
775 space on such towers for antennas antennae as necessary for the
776 construction and operation of the state agency law enforcement
777 radio system or any other state need.
778 4. All moneys collected by the department for rents,
779 leases, and subleases under this subsection shall be deposited
780 directly into the State Agency Law Enforcement Radio System
781 Trust Fund established in subsection (3) and may be used by the
782 department to construct, maintain, or support the system.
783 5. The positions necessary for the department to accomplish
784 its duties under this subsection shall be established in the
785 General Appropriations Act and funded by the Law Enforcement
786 Radio Operating Trust Fund or other revenue sources.
787 Reviser’s note.—Amended to conform to the general usage of
788 “antennas” when referencing transducers and “antennae” when
789 referencing insect parts.
790 Section 21. Paragraph (a) of subsection (1) of section
791 284.51, Florida Statutes, is amended to read:
792 284.51 Electroencephalogram combined transcranial magnetic
793 stimulation treatment pilot program.—
794 (1) As used in this section, the term:
795 (a) “Division” means the Division of Risk Management of at
796 the Department of Financial Services.
797 Reviser’s note.—Amended to confirm an editorial substitution to
798 improve clarity.
799 Section 22. Paragraphs (a) and (b) of subsection (4) of
800 section 286.0113, Florida Statutes, are amended to read:
801 286.0113 General exemptions from public meetings.—
802 (4)(a) Any portion of a meeting that would reveal building
803 plans, blueprints, schematic drawings, or diagrams, including
804 draft, preliminary, and final formats, which depict the
805 structural elements of 911, E911, or public safety radio
806 communication system infrastructure, including towers, antennas
807 antennae, equipment or facilities used to provide 911, E911, or
808 public safety radio communication services, or other 911, E911,
809 or public safety radio communication structures or facilities
810 made exempt by s. 119.071(3)(e)1.a. is exempt from s. 286.011
811 and s. 24, Art. I of the State Constitution.
812 (b) Any portion of a meeting that would reveal geographical
813 maps indicating the actual or proposed locations of 911, E911,
814 or public safety radio communication system infrastructure,
815 including towers, antennas antennae, equipment or facilities
816 used to provide 911, E911, or public safety radio communication
817 services, or other 911, E911, or public safety radio
818 communication structures or facilities made exempt by s.
819 119.071(3)(e)1.b. is exempt from s. 286.011 and s. 24, Art. I of
820 the State Constitution.
821 Reviser’s note.—Amended to conform to the general usage of
822 “antennas” when referencing transducers and “antennae” when
823 referencing insect parts.
824 Section 23. Paragraph (a) of subsection (3) and subsection
825 (7) of section 288.102, Florida Statutes, are amended to read:
826 288.102 Supply Chain Innovation Grant Program.—
827 (3)(a) The department shall collaborate with the Department
828 of Transportation to review applications submitted and select
829 projects for awards which create strategic investments in
830 infrastructure to increase capacity and address freight mobility
831 to meet the economic development goals of the state.
832 (7) The Department of Commerce, in conjunction with the
833 Department of Transportation, shall annually provide a list of
834 each project awarded, the benefit of each project in meeting the
835 goals and objectives of the program, and the current status of
836 each project. The department shall include such information in
837 its annual incentives report required under s. 288.0065 20.0065.
838 Reviser’s note.—Paragraph (3)(a) is amended to confirm an
839 editorial insertion to facilitate correct interpretation.
840 Subsection (7) is amended to conform to the fact that s.
841 20.0065 does not exist, and s. 288.0065 provides for the
842 department’s annual incentives report.
843 Section 24. Paragraph (b) of subsection (2) of section
844 288.987, Florida Statutes, is amended to read:
845 288.987 Florida Defense Support.—
846 (2)
847 (b) The direct-support organization is organized and
848 operated to request, receive, hold, invest, and administer
849 property and to manage and make expenditures related to its
850 mission and for joint planning with host communities to
851 accommodate military missions and prevent base encroachment,
852 provide advocacy on the state’s behalf with federal civilian and
853 military officials, promote promotion of the state to military
854 and related contractors and employers, and support of economic
855 and product research and development activities of the defense
856 industry.
857 Reviser’s note.—Amended to confirm an editorial substitution and
858 an editorial deletion to improve clarity.
859 Section 25. Paragraphs (b) and (c) of subsection (4) of
860 section 316.0083, Florida Statutes, are amended to read:
861 316.0083 Mark Wandall Traffic Safety Program;
862 administration; report.—
863 (4)
864 (b) Each county or municipality that operates a traffic
865 infraction detector shall submit a report by October 1, 2012,
866 and annually thereafter, to the department which details the
867 results of using the traffic infraction detector and the
868 procedures for enforcement for the preceding state fiscal year.
869 The information submitted by the counties and municipalities
870 must include:
871 1. The number of notices of violation issued, the number
872 that were contested, the number that were upheld, the number
873 that were dismissed, the number that were issued as uniform
874 traffic citations, the number that were paid, and the number in
875 each of the preceding categories for which the notice of
876 violation was issued for a right-hand turn violation.
877 2. A description of alternative safety countermeasures
878 taken before and after the placement or installation of a
879 traffic infraction detector.
880 3. Statistical data and information required by the
881 department to complete the summary report required under
882 paragraph (c).
883
884 The department must publish each report submitted by a county or
885 municipality pursuant to this paragraph on its website.
886 (c) On or before December 31, 2012, and annually
887 thereafter, the department shall provide a summary report to the
888 Governor, the President of the Senate, and the Speaker of the
889 House of Representatives regarding the use and operation of
890 traffic infraction detectors under this section, along with the
891 department’s recommendations and any necessary legislation. The
892 summary report must include a review of the information
893 submitted to the department by the counties and municipalities
894 and must describe the enhancement of the traffic safety and
895 enforcement programs.
896 Reviser’s note.—Amended to delete obsolete language.
897 Section 26. Paragraph (y) of subsection (1) of section
898 319.30, Florida Statutes, is amended to read:
899 319.30 Definitions; dismantling, destruction, change of
900 identity of motor vehicle, vessel, or mobile home; salvage.—
901 (1) As used in this section, the term:
902 (y) “Vessel” has the same meaning as in s. 713.78(1)(h)
903 713.78(1)(b).
904 Reviser’s note.—Amended to conform to the redesignation of s.
905 713.78(1)(b) as s. 713.78(1)(h) by s. 5, ch. 2024-27, Laws
906 of Florida.
907 Section 27. Paragraph (b) of subsection (130) of section
908 320.08058, Florida Statutes, is amended to read:
909 320.08058 Specialty license plates.—
910 (130) THE VILLAGES: MAY ALL YOUR DREAMS COME TRUE LICENSE
911 PLATES.—
912 (b) The annual use fees from the sale of the plate must be
913 distributed to The Villages Charter School, Inc., a Florida
914 nonprofit corporation. Up to 10 percent of the fees may be used
915 for administrative costs and marketing of the plate. The
916 remaining funds must be distributed with the approval of and
917 accountability to the board of directors of The Villages Charter
918 School, Inc., and must be used to provide support to The
919 Villages Charter School, Inc., as it provides K-12 education.
920 Reviser’s note.—Amended to confirm an editorial insertion to
921 conform to the complete name of the corporation.
922 Section 28. Paragraph (d) of subsection (3) of section
923 322.27, Florida Statutes, is amended to read:
924 322.27 Authority of department to suspend or revoke driver
925 license or identification card.—
926 (3) There is established a point system for evaluation of
927 convictions of violations of motor vehicle laws or ordinances,
928 and violations of applicable provisions of s. 403.413(6)(b) when
929 such violations involve the use of motor vehicles, for the
930 determination of the continuing qualification of any person to
931 operate a motor vehicle. The department is authorized to suspend
932 the license of any person upon showing of its records or other
933 good and sufficient evidence that the licensee has been
934 convicted of violation of motor vehicle laws or ordinances, or
935 applicable provisions of s. 403.413(6)(b), amounting to 12 or
936 more points as determined by the point system. The suspension
937 shall be for a period of not more than 1 year.
938 (d) The point system shall have as its basic element a
939 graduated scale of points assigning relative values to
940 convictions of the following violations:
941 1. Reckless driving, willful and wanton—4 points.
942 2. Leaving the scene of a crash resulting in property
943 damage of more than $50—6 points.
944 3. Unlawful speed, or unlawful use of a wireless
945 communications device, resulting in a crash—6 points.
946 4. Passing a stopped school bus:
947 a. Not causing or resulting in serious bodily injury to or
948 death of another—4 points.
949 b. Causing or resulting in serious bodily injury to or
950 death of another—6 points.
951 c. Points may not be imposed for a violation of passing a
952 stopped school bus as provided in s. 316.172(1)(a) or (b) when
953 enforced by a school bus infraction detection system pursuant to
954 s. 316.173. In addition, a violation of s. 316.172(1)(a) or (b)
955 when enforced by a school bus infraction detection system
956 pursuant to s. 316.173 may not be used for purposes of setting
957 motor vehicle insurance rates.
958 5. Unlawful speed:
959 a. Not in excess of 15 miles per hour of lawful or posted
960 speed—3 points.
961 b. In excess of 15 miles per hour of lawful or posted
962 speed—4 points.
963 c. Points may not be imposed for a violation of unlawful
964 speed as provided in s. 316.1895 or s. 316.183 when enforced by
965 a traffic infraction enforcement officer pursuant to s.
966 316.1896. In addition, a violation of s. 316.1895 or s. 316.183
967 when enforced by a traffic infraction enforcement officer
968 pursuant to s. 316.1896 may not be used for purposes of setting
969 motor vehicle insurance rates.
970 6. A violation of a traffic control signal device as
971 provided in s. 316.074(1) or s. 316.075(1)(c)1.—4 points.
972 However, points may not be imposed for a violation of s.
973 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
974 stop at a traffic signal and when enforced by a traffic
975 infraction enforcement officer. In addition, a violation of s.
976 316.074(1) or s. 316.075(1)(c)1. when a driver has failed to
977 stop at a traffic signal and when enforced by a traffic
978 infraction enforcement officer may not be used for purposes of
979 setting motor vehicle insurance rates.
980 7. Unlawfully driving a vehicle through a railroad-highway
981 grade crossing—6 points.
982 8. All other moving violations (including parking on a
983 highway outside the limits of a municipality)—3 points. However,
984 points may not be imposed for a violation of s. 316.0741 or s.
985 316.2065(11); and points may be imposed for a violation of s.
986 316.1001 only when imposed by the court after a hearing pursuant
987 to s. 318.14(5).
988 9. Any moving violation covered in this paragraph,
989 excluding unlawful speed and unlawful use of a wireless
990 communications device, resulting in a crash—4 points.
991 10. Any conviction under s. 403.413(6)(b)—3 points.
992 11. Any conviction under s. 316.0775(2)—4 points.
993 12. A moving violation covered in this paragraph which is
994 committed in conjunction with the unlawful use of a wireless
995 communications device within a school safety zone—2 points, in
996 addition to the points assigned for the moving violation.
997 Reviser’s note.—Amended to confirm an editorial insertion to
998 improve clarity.
999 Section 29. Subsection (6) of section 322.76, Florida
1000 Statutes, is amended to read:
1001 322.76 Clerk of Court Driver License Reinstatement Pilot
1002 Program in Miami-Dade County.—There is created in Miami-Dade
1003 County the Clerk of Court Driver License Reinstatement Pilot
1004 Program.
1005 (6) By December 31, 2025, the clerk must submit to the
1006 Governor, the President of the Senate, the Speaker of the House
1007 of Representatives, and the Executive Director of the Florida
1008 Clerks of Court Operations Corporation a report containing the
1009 following information:
1010 (a) Number of driver license reinstatements.
1011 (b) Amount of fees and costs collected, including the
1012 aggregate funds received by the clerk, local governmental
1013 entities, and state entities, including the General Revenue
1014 Fund.
1015 (c) The personnel, operating, and other expenditures
1016 incurred by the clerk.
1017 (d) Feedback received from the community, if any, in
1018 response to the clerk’s participation in the pilot program.
1019 (e) Whether the pilot program led to improved timeliness
1020 for the reinstatement of driver licenses.
1021 (f) The clerk’s recommendation as to whether the pilot
1022 program should be extended in Miami-Dade County or to other
1023 clerks’ offices.
1024 (g) Any other information the clerk deems necessary.
1025 Reviser’s note.—Amended to confirm an editorial insertion to
1026 improve clarity.
1027 Section 30. Paragraph (a) of subsection (2) of section
1028 330.41, Florida Statutes, is amended to read:
1029 330.41 Unmanned Aircraft Systems Act.—
1030 (2) DEFINITIONS.—As used in this act, the term:
1031 (a) “Critical infrastructure facility” means any of the
1032 following, if completely enclosed by a fence or other physical
1033 barrier that is obviously designed to exclude intruders, or if
1034 clearly marked with a sign or signs which indicate that entry is
1035 forbidden and which are posted on the property in a manner
1036 reasonably likely to come to the attention of intruders:
1037 1. A power generation or transmission facility, substation,
1038 switching station, or electrical control center.
1039 2. A chemical or rubber manufacturing or storage facility.
1040 3. A water intake structure, water treatment facility,
1041 wastewater treatment plant, or pump station.
1042 4. A mining facility.
1043 5. A natural gas or compressed gas compressor station,
1044 storage facility, or natural gas or compressed gas pipeline.
1045 6. A liquid natural gas or propane gas terminal or storage
1046 facility.
1047 7. Any portion of an aboveground oil or gas pipeline.
1048 8. A refinery.
1049 9. A gas processing plant, including a plant used in the
1050 processing, treatment, or fractionation of natural gas.
1051 10. A wireless communications facility, including the
1052 tower, antennas antennae, support structures, and all associated
1053 ground-based equipment.
1054 11. A seaport as listed in s. 311.09(1), which need not be
1055 completely enclosed by a fence or other physical barrier and
1056 need not be marked with a sign or signs indicating that entry is
1057 forbidden.
1058 12. An inland port or other facility or group of facilities
1059 serving as a point of intermodal transfer of freight in a
1060 specific area physically separated from a seaport.
1061 13. An airport as defined in s. 330.27.
1062 14. A spaceport territory as defined in s. 331.303(19).
1063 15. A military installation as defined in 10 U.S.C. s.
1064 2801(c)(4) and an armory as defined in s. 250.01.
1065 16. A dam as defined in s. 373.403(1) or other structures,
1066 such as locks, floodgates, or dikes, which are designed to
1067 maintain or control the level of navigable waterways.
1068 17. A state correctional institution as defined in s.
1069 944.02 or a contractor-operated correctional facility authorized
1070 under chapter 957.
1071 18. A secure detention center or facility as defined in s.
1072 985.03, or a moderate-risk residential facility, a high-risk
1073 residential facility, or a maximum-risk residential facility as
1074 those terms are described in s. 985.03(44).
1075 19. A county detention facility as defined in s. 951.23.
1076 20. A critical infrastructure facility as defined in s.
1077 692.201.
1078 Reviser’s note.—Amended to conform to the general usage of
1079 “antennas” when referencing transducers and “antennae” when
1080 referencing insect parts.
1081 Section 31. Section 331.370, Florida Statutes, is repealed.
1082 Reviser’s note.—The cited section, which relates to specified
1083 space and aerospace infrastructure improvements from funds
1084 provided in Specific Appropriation 2649 of ch. 2008-152,
1085 Laws of Florida, is obsolete, as there are no funds still
1086 in usage from the specified appropriation.
1087 Section 32. Subsection (5) of section 337.195, Florida
1088 Statutes, is amended to read:
1089 337.195 Limits on liability.—
1090 (5) If, in any civil action for death, injury, or damages,
1091 the department of Transportation or a contractor or design
1092 engineer is determined to be immune from liability pursuant to
1093 this section, the department, contractor, or design engineer may
1094 not be named on the jury verdict form or be found to be at fault
1095 or responsible for the injury, death, or damage that gave rise
1096 to the damages for the theory of liability from which the
1097 department, contractor, or design engineer was found to be
1098 immune.
1099 Reviser’s note.—Amended to confirm an editorial substitution to
1100 conform to the revision of all other references in s.
1101 337.195 by s. 10, ch. 2024-173, Laws of Florida. For
1102 purposes of the Florida Transportation Code, s. 334.03(9)
1103 defines “department” as the “Department of Transportation.”
1104 Section 33. Paragraph (b) of subsection (3) of section
1105 341.302, Florida Statutes, is amended to read:
1106 341.302 Rail program; duties and responsibilities of the
1107 department.—The department, in conjunction with other
1108 governmental entities, including the rail enterprise and the
1109 private sector, shall develop and implement a rail program of
1110 statewide application designed to ensure the proper maintenance,
1111 safety, revitalization, and expansion of the rail system to
1112 assure its continued and increased availability to respond to
1113 statewide mobility needs. Within the resources provided pursuant
1114 to chapter 216, and as authorized under federal law, the
1115 department shall:
1116 (3) Develop and periodically update the rail system plan,
1117 on the basis of an analysis of statewide transportation needs.
1118 (b) In recognition of the department’s role in the
1119 enhancement of the state’s rail system to improve freight and
1120 passenger mobility, the department shall:
1121 1. Work closely with all affected communities along an
1122 impacted freight rail corridor to identify and address
1123 anticipated impacts associated with an increase in freight rail
1124 traffic due to implementation of passenger rail.
1125 2. In coordination with the affected local governments and
1126 CSX Transportation, Inc., finalize all viable alternatives from
1127 the department’s Rail Traffic Evaluation Study to identify and
1128 develop an alternative route for through freight rail traffic
1129 moving through Central Florida, including the counties of Polk
1130 and Hillsborough, which would address, to the extent
1131 practicable, the effects of commuter rail.
1132 3. Provide technical assistance to a coalition of local
1133 governments in Central Florida, including the counties of
1134 Brevard, Citrus, Hernando, Hillsborough, Lake, Marion, Orange,
1135 Osceola, Pasco, Pinellas, Polk, Manatee, Sarasota, Seminole,
1136 Sumter, and Volusia, and the municipalities within those
1137 counties, to develop a regional rail system plan that addresses
1138 passenger and freight opportunities in the region, is consistent
1139 with the Florida Rail System Plan, and incorporates appropriate
1140 elements of the Tampa Bay Area Regional Authority Master Plan,
1141 the Metroplan Orlando Regional Transit System Concept Plan,
1142 including the SunRail project, and the Florida Department of
1143 Transportation Alternate Rail Traffic Evaluation.
1144 Reviser’s note.—Amended to conform to the repeal of part III,
1145 chapter 343, the Tampa Bay Area Regional Transit Authority
1146 Act, by s. 1, ch. 2023-143, Laws of Florida, and
1147 dissolution of the authority effective June 30, 2024, by s.
1148 2, ch. 2023-143.
1149 Section 34. Paragraphs (f), (j), (dd), and (ii) of
1150 subsection (3) and paragraphs (a) and (b) of subsection (13) of
1151 section 365.172, Florida Statutes, are amended to read:
1152 365.172 Emergency communications.—
1153 (3) DEFINITIONS.—Only as used in this section and ss.
1154 365.171, 365.173, 365.174, and 365.177, the term:
1155 (f) “Colocation” means the situation when a second or
1156 subsequent wireless provider uses an existing structure to
1157 locate a second or subsequent antennas antennae. The term
1158 includes the ground, platform, or roof installation of equipment
1159 enclosures, cabinets, or buildings, and cables, brackets, and
1160 other equipment associated with the location and operation of
1161 the antennas antennae.
1162 (j) “Existing structure” means a structure that exists at
1163 the time an application for permission to place antennas
1164 antennae on a structure is filed with a local government. The
1165 term includes any structure that can structurally support the
1166 attachment of antennas antennae in compliance with applicable
1167 codes.
1168 (dd) “Tower” means any structure designed primarily to
1169 support a wireless provider’s antennas antennae.
1170 (ii) “Wireless communications facility” means any equipment
1171 or facility used to provide service and may include, but is not
1172 limited to, antennas antennae, towers, equipment enclosures,
1173 cabling, antenna brackets, and other such equipment. Placing a
1174 wireless communications facility on an existing structure does
1175 not cause the existing structure to become a wireless
1176 communications facility.
1177 (13) FACILITATING EMERGENCY COMMUNICATIONS SERVICE
1178 IMPLEMENTATION.—To balance the public need for reliable
1179 emergency communications services through reliable wireless
1180 systems and the public interest served by governmental zoning
1181 and land development regulations and notwithstanding any other
1182 law or local ordinance to the contrary, the following standards
1183 shall apply to a local government’s actions, as a regulatory
1184 body, in the regulation of the placement, construction, or
1185 modification of a wireless communications facility. This
1186 subsection may not, however, be construed to waive or alter the
1187 provisions of s. 286.011 or s. 286.0115. For the purposes of
1188 this subsection only, “local government” shall mean any
1189 municipality or county and any agency of a municipality or
1190 county only. The term “local government” does not, however,
1191 include any airport, as defined by s. 330.27(2), even if it is
1192 owned or controlled by or through a municipality, county, or
1193 agency of a municipality or county. Further, notwithstanding
1194 anything in this section to the contrary, this subsection does
1195 not apply to or control a local government’s actions as a
1196 property or structure owner in the use of any property or
1197 structure owned by such entity for the placement, construction,
1198 or modification of wireless communications facilities. In the
1199 use of property or structures owned by the local government,
1200 however, a local government may not use its regulatory authority
1201 so as to avoid compliance with, or in a manner that does not
1202 advance, the provisions of this subsection.
1203 (a) Colocation among wireless providers is encouraged by
1204 the state.
1205 1.a. Colocations on towers, including nonconforming towers,
1206 that meet the requirements in sub-sub-subparagraphs (I), (II),
1207 and (III), are subject to only building permit review, which may
1208 include a review for compliance with this subparagraph. Such
1209 colocations are not subject to any design or placement
1210 requirements of the local government’s land development
1211 regulations in effect at the time of the colocation that are
1212 more restrictive than those in effect at the time of the initial
1213 antennas antennae placement approval, to any other portion of
1214 the land development regulations, or to public hearing review.
1215 This sub-subparagraph may not preclude a public hearing for any
1216 appeal of the decision on the colocation application.
1217 (I) The colocation does not increase the height of the
1218 tower to which the antennas antennae are to be attached,
1219 measured to the highest point of any part of the tower or any
1220 existing antenna attached to the tower;
1221 (II) The colocation does not increase the ground space
1222 area, commonly known as the compound, approved in the site plan
1223 for equipment enclosures and ancillary facilities; and
1224 (III) The colocation consists of antennas antennae,
1225 equipment enclosures, and ancillary facilities that are of a
1226 design and configuration consistent with all applicable
1227 regulations, restrictions, or conditions, if any, applied to the
1228 initial antennas antennae placed on the tower and to its
1229 accompanying equipment enclosures and ancillary facilities and,
1230 if applicable, applied to the tower supporting the antennas
1231 antennae. Such regulations may include the design and aesthetic
1232 requirements, but not procedural requirements, other than those
1233 authorized by this section, of the local government’s land
1234 development regulations in effect at the time the initial
1235 antennas antennae placement was approved.
1236 b. Except for a historic building, structure, site, object,
1237 or district, or a tower included in sub-subparagraph a.,
1238 colocations on all other existing structures that meet the
1239 requirements in sub-sub-subparagraphs (I)-(IV) shall be subject
1240 to no more than building permit review, and an administrative
1241 review for compliance with this subparagraph. Such colocations
1242 are not subject to any portion of the local government’s land
1243 development regulations not addressed herein, or to public
1244 hearing review. This sub-subparagraph may not preclude a public
1245 hearing for any appeal of the decision on the colocation
1246 application.
1247 (I) The colocation does not increase the height of the
1248 existing structure to which the antennas antennae are to be
1249 attached, measured to the highest point of any part of the
1250 structure or any existing antenna attached to the structure;
1251 (II) The colocation does not increase the ground space
1252 area, otherwise known as the compound, if any, approved in the
1253 site plan for equipment enclosures and ancillary facilities;
1254 (III) The colocation consists of antennas antennae,
1255 equipment enclosures, and ancillary facilities that are of a
1256 design and configuration consistent with any applicable
1257 structural or aesthetic design requirements and any requirements
1258 for location on the structure, but not prohibitions or
1259 restrictions on the placement of additional colocations on the
1260 existing structure or procedural requirements, other than those
1261 authorized by this section, of the local government’s land
1262 development regulations in effect at the time of the colocation
1263 application; and
1264 (IV) The colocation consists of antennas antennae,
1265 equipment enclosures, and ancillary facilities that are of a
1266 design and configuration consistent with all applicable
1267 restrictions or conditions, if any, that do not conflict with
1268 sub-sub-subparagraph (III) and were applied to the initial
1269 antennas antennae placed on the structure and to its
1270 accompanying equipment enclosures and ancillary facilities and,
1271 if applicable, applied to the structure supporting the antennas
1272 antennae.
1273 c. Regulations, restrictions, conditions, or permits of the
1274 local government, acting in its regulatory capacity, that limit
1275 the number of colocations or require review processes
1276 inconsistent with this subsection do not apply to colocations
1277 addressed in this subparagraph.
1278 d. If only a portion of the colocation does not meet the
1279 requirements of this subparagraph, such as an increase in the
1280 height of the proposed antennas antennae over the existing
1281 structure height or a proposal to expand the ground space
1282 approved in the site plan for the equipment enclosure, where all
1283 other portions of the colocation meet the requirements of this
1284 subparagraph, that portion of the colocation only may be
1285 reviewed under the local government’s regulations applicable to
1286 an initial placement of that portion of the facility, including,
1287 but not limited to, its land development regulations, and within
1288 the review timeframes of subparagraph (d)2., and the rest of the
1289 colocation shall be reviewed in accordance with this
1290 subparagraph. A colocation proposal under this subparagraph that
1291 increases the ground space area, otherwise known as the
1292 compound, approved in the original site plan for equipment
1293 enclosures and ancillary facilities by no more than a cumulative
1294 amount of 400 square feet or 50 percent of the original compound
1295 size, whichever is greater, shall, however, require no more than
1296 administrative review for compliance with the local government’s
1297 regulations, including, but not limited to, land development
1298 regulations review, and building permit review, with no public
1299 hearing review. This sub-subparagraph does not preclude a public
1300 hearing for any appeal of the decision on the colocation
1301 application.
1302 2. If a colocation does not meet the requirements of
1303 subparagraph 1., the local government may review the application
1304 under the local government’s regulations, including, but not
1305 limited to, land development regulations, applicable to the
1306 placement of initial antennas antennae and their accompanying
1307 equipment enclosure and ancillary facilities.
1308 3. If a colocation meets the requirements of subparagraph
1309 1., the colocation may not be considered a modification to an
1310 existing structure or an impermissible modification of a
1311 nonconforming structure.
1312 4. The owner of the existing tower on which the proposed
1313 antennas antennae are to be colocated shall remain responsible
1314 for compliance with any applicable condition or requirement of a
1315 permit or agreement, or any applicable condition or requirement
1316 of the land development regulations to which the existing tower
1317 had to comply at the time the tower was permitted, including any
1318 aesthetic requirements, provided the condition or requirement is
1319 not inconsistent with this paragraph.
1320 5. An existing tower, including a nonconforming tower, may
1321 be structurally modified in order to permit colocation or may be
1322 replaced through no more than administrative review and building
1323 permit review, and is not subject to public hearing review, if
1324 the overall height of the tower is not increased and, if a
1325 replacement, the replacement tower is a monopole tower or, if
1326 the existing tower is a camouflaged tower, the replacement tower
1327 is a like-camouflaged tower. This subparagraph may not preclude
1328 a public hearing for any appeal of the decision on the
1329 application.
1330 (b)1. A local government’s land development and
1331 construction regulations for wireless communications facilities
1332 and the local government’s review of an application for the
1333 placement, construction, or modification of a wireless
1334 communications facility shall only address land development or
1335 zoning issues. In such local government regulations or review,
1336 the local government may not require information on or evaluate
1337 a wireless provider’s business decisions about its service,
1338 customer demand for its service, or quality of its service to or
1339 from a particular area or site, unless the wireless provider
1340 voluntarily offers this information to the local government. In
1341 such local government regulations or review, a local government
1342 may not require information on or evaluate the wireless
1343 provider’s designed service unless the information or materials
1344 are directly related to an identified land development or zoning
1345 issue or unless the wireless provider voluntarily offers the
1346 information. Information or materials directly related to an
1347 identified land development or zoning issue may include, but are
1348 not limited to, evidence that no existing structure can
1349 reasonably be used for the antennas antennae placement instead
1350 of the construction of a new tower, that residential areas
1351 cannot be served from outside the residential area, as addressed
1352 in subparagraph 3., or that the proposed height of a new tower
1353 or initial antennas antennae placement or a proposed height
1354 increase of a modified tower, replacement tower, or colocation
1355 is necessary to provide the provider’s designed service. Nothing
1356 in this paragraph shall limit the local government from
1357 reviewing any applicable land development or zoning issue
1358 addressed in its adopted regulations that does not conflict with
1359 this section, including, but not limited to, aesthetics,
1360 landscaping, land use-based location priorities, structural
1361 design, and setbacks.
1362 2. Any setback or distance separation required of a tower
1363 may not exceed the minimum distance necessary, as determined by
1364 the local government, to satisfy the structural safety or
1365 aesthetic concerns that are to be protected by the setback or
1366 distance separation.
1367 3. A local government may exclude the placement of wireless
1368 communications facilities in a residential area or residential
1369 zoning district but only in a manner that does not constitute an
1370 actual or effective prohibition of the provider’s service in
1371 that residential area or zoning district. If a wireless provider
1372 demonstrates to the satisfaction of the local government that
1373 the provider cannot reasonably provide its service to the
1374 residential area or zone from outside the residential area or
1375 zone, the municipality or county and provider shall cooperate to
1376 determine an appropriate location for a wireless communications
1377 facility of an appropriate design within the residential area or
1378 zone. The local government may require that the wireless
1379 provider reimburse the reasonable costs incurred by the local
1380 government for this cooperative determination. An application
1381 for such cooperative determination may not be considered an
1382 application under paragraph (d).
1383 4. A local government may impose a reasonable fee on
1384 applications to place, construct, or modify a wireless
1385 communications facility only if a similar fee is imposed on
1386 applicants seeking other similar types of zoning, land use, or
1387 building permit review. A local government may impose fees for
1388 the review of applications for wireless communications
1389 facilities by consultants or experts who conduct code compliance
1390 review for the local government but any fee is limited to
1391 specifically identified reasonable expenses incurred in the
1392 review. A local government may impose reasonable surety
1393 requirements to ensure the removal of wireless communications
1394 facilities that are no longer being used.
1395 5. A local government may impose design requirements, such
1396 as requirements for designing towers to support colocation or
1397 aesthetic requirements, except as otherwise limited in this
1398 section, but may not impose or require information on compliance
1399 with building code type standards for the construction or
1400 modification of wireless communications facilities beyond those
1401 adopted by the local government under chapter 553 and that apply
1402 to all similar types of construction.
1403 Reviser’s note.—Amended to conform to the general usage of
1404 “antennas” when referencing transducers and “antennae” when
1405 referencing insect parts.
1406 Section 35. Subsection (9) of section 373.250, Florida
1407 Statutes, is amended to read:
1408 373.250 Reuse of reclaimed water.—
1409 (9) To promote the use of reclaimed water and encourage
1410 quantifiable potable water offsets that produce significant
1411 water savings beyond those required in a consumptive use permit,
1412 each water management district, in coordination with the
1413 department, shall develop rules by December 31, 2025, which
1414 provide all of the following:
1415 (a) If an applicant proposes a water supply development or
1416 water resource development project using reclaimed water, that
1417 meets the advanced waste treatment standards for total nitrogen
1418 and total phosphorus phosphorous as defined in s. 403.086(4)(a),
1419 as part of an application for consumptive use, the applicant is
1420 eligible for a permit duration of up to 30 years if there is
1421 sufficient data to provide reasonable assurance that the
1422 conditions for permit issuance will be met for the duration of
1423 the permit. Rules developed pursuant to this paragraph must
1424 include, at a minimum:
1425 1. A requirement that the permittee demonstrate how
1426 quantifiable groundwater or surface water savings associated
1427 with the new water supply development or water resource
1428 development project either meet water demands beyond a 20-year
1429 permit duration or are completed for the purpose of meeting the
1430 requirements of an adopted recovery or prevention strategy; and
1431 2. Guidelines for a district to follow in determining the
1432 permit duration based on the project’s implementation.
1433
1434 This paragraph does not limit the existing authority of a water
1435 management district to issue a shorter duration permit to
1436 protect from harm the water resources or ecology of the area, or
1437 to otherwise ensure compliance with the conditions for permit
1438 issuance.
1439 (b) Authorization for a consumptive use permittee to seek a
1440 permit extension of up to 10 years if the permittee proposes a
1441 water supply development or water resource development project
1442 using reclaimed water, that meets the advanced waste treatment
1443 standards for total nitrogen and total phosphorus phosphorous as
1444 defined in s. 403.086(4)(a), during the term of its permit which
1445 results in the reduction of groundwater or surface water
1446 withdrawals or is completed to benefit a waterbody with a
1447 minimum flow or minimum water level with a recovery or
1448 prevention strategy. Rules associated with this paragraph must
1449 include, at a minimum:
1450 1. A requirement that the permittee be in compliance with
1451 the permittee’s consumptive use permit;
1452 2. A requirement that the permittee demonstrate how the
1453 quantifiable groundwater or surface water savings associated
1454 with the new water supply development or water resource
1455 development project either meet water demands beyond the issued
1456 permit duration or are completed for the purpose of meeting the
1457 requirements of an adopted recovery or prevention strategy;
1458 3. A requirement that the permittee demonstrate a water
1459 demand for the permit’s allocation through the term of the
1460 extension; and
1461 4. Guidelines for a district to follow in determining the
1462 number of years extended, including a minimum year requirement,
1463 based on the project implementation.
1464
1465 This paragraph does not limit the existing authority of a water
1466 management district to protect from harm the water resources or
1467 ecology of the area, or to otherwise ensure compliance with the
1468 conditions for permit issuance.
1469 Reviser’s note.—Amended to confirm an editorial substitution to
1470 conform to context.
1471 Section 36. Paragraph (d) of subsection (8) of section
1472 393.12, Florida Statutes, is amended to read:
1473 393.12 Capacity; appointment of guardian advocate.—
1474 (8) COURT ORDER.—If the court finds the person with a
1475 developmental disability requires the appointment of a guardian
1476 advocate, the court shall enter a written order appointing the
1477 guardian advocate and containing the findings of facts and
1478 conclusions of law on which the court made its decision,
1479 including:
1480 (d) The identity of existing alternatives and a finding as
1481 to the validity or sufficiency of such alternatives alternative
1482 to alleviate the need for the appointment of a guardian
1483 advocate;
1484 Reviser’s note.—Amended to conform to context.
1485 Section 37. Section 394.467, Florida Statutes, is reenacted
1486 and amended to read:
1487 394.467 Involuntary inpatient placement and involuntary
1488 outpatient services.—
1489 (1) DEFINITIONS.—As used in this section, the term:
1490 (a) “Court” means a circuit court or, for commitments only
1491 to involuntary outpatient services as defined in paragraph (c)
1492 s. 394.4655, a county court.
1493 (b) “Involuntary inpatient placement” means placement in a
1494 secure receiving or treatment facility providing stabilization
1495 and treatment services to a person 18 years of age or older who
1496 does not voluntarily consent to services under this chapter, or
1497 a minor who does not voluntarily assent to services under this
1498 chapter.
1499 (c) “Involuntary outpatient services” means services
1500 provided in the community to a person who does not voluntarily
1501 consent to or participate in services under this chapter.
1502 (d) “Services plan” means an individualized plan detailing
1503 the recommended behavioral health services and supports based on
1504 a thorough assessment of the needs of the patient, to safeguard
1505 and enhance the patient’s health and well-being in the
1506 community.
1507 (2) CRITERIA FOR INVOLUNTARY SERVICES.—A person may be
1508 ordered by a court to be provided involuntary services upon a
1509 finding of the court, by clear and convincing evidence, that the
1510 person meets the following criteria:
1511 (a) Involuntary outpatient services.—A person ordered to
1512 involuntary outpatient services must meet the following
1513 criteria:
1514 1. The person has a mental illness and, because of his or
1515 her mental illness:
1516 a. He or she is unlikely to voluntarily participate in a
1517 recommended services plan and has refused voluntary services for
1518 treatment after sufficient and conscientious explanation and
1519 disclosure of why the services are necessary; or
1520 b. Is unable to determine for himself or herself whether
1521 services are necessary.
1522 2. The person is unlikely to survive safely in the
1523 community without supervision, based on a clinical
1524 determination.
1525 3. The person has a history of lack of compliance with
1526 treatment for mental illness.
1527 4. In view of the person’s treatment history and current
1528 behavior, the person is in need of involuntary outpatient
1529 services in order to prevent a relapse or deterioration that
1530 would be likely to result in serious bodily harm to himself or
1531 herself or others, or a substantial harm to his or her well
1532 being as set forth in s. 394.463(1).
1533 5. It is likely that the person will benefit from
1534 involuntary outpatient services.
1535 6. All available less restrictive alternatives that would
1536 offer an opportunity for improvement of the person’s condition
1537 have been deemed to be inappropriate or unavailable.
1538 (b) Involuntary inpatient placement.—A person ordered to
1539 involuntary inpatient placement must meet the following
1540 criteria:
1541 1. The person has a mental illness and, because of his or
1542 her mental illness:
1543 a. He or she has refused voluntary inpatient placement for
1544 treatment after sufficient and conscientious explanation and
1545 disclosure of the purpose of treatment; or
1546 b. Is unable to determine for himself or herself whether
1547 inpatient placement is necessary; and
1548 2.a. He or she is incapable of surviving alone or with the
1549 help of willing, able, and responsible family or friends,
1550 including available alternative services, and, without
1551 treatment, is likely to suffer from neglect or refuse to care
1552 for himself or herself, and such neglect or refusal poses a real
1553 and present threat of substantial harm to his or her well-being;
1554 or
1555 b. Without treatment, there is a substantial likelihood
1556 that in the near future the person will inflict serious bodily
1557 harm on self or others, as evidenced by recent behavior causing,
1558 attempting to cause, or threatening to cause such harm; and
1559 3. All available less restrictive treatment alternatives
1560 that would offer an opportunity for improvement of the person’s
1561 condition have been deemed to be inappropriate or unavailable.
1562 (3) RECOMMENDATION FOR INVOLUNTARY SERVICES AND TREATMENT.
1563 A patient may be recommended for involuntary inpatient
1564 placement, involuntary outpatient services, or a combination of
1565 both.
1566 (a) A patient may be retained by the facility that examined
1567 the patient for involuntary services until the completion of the
1568 patient’s court hearing upon the recommendation of the
1569 administrator of the facility where the patient has been
1570 examined and after adherence to the notice and hearing
1571 procedures provided in s. 394.4599. However, if a patient who is
1572 being recommended for only involuntary outpatient services has
1573 been stabilized and no longer meets the criteria for involuntary
1574 examination pursuant to s. 394.463(1), the patient must be
1575 released from the facility while awaiting the hearing for
1576 involuntary outpatient services.
1577 (b) The recommendation that the involuntary services
1578 criteria reasonably appear to have been met must be supported by
1579 the opinion of a psychiatrist and the second opinion of a
1580 clinical psychologist with at least 3 years of clinical
1581 experience, another psychiatrist, or a psychiatric nurse
1582 practicing within the framework of an established protocol with
1583 a psychiatrist, who personally examined the patient. For
1584 involuntary inpatient placement, the patient must have been
1585 examined within the preceding 72 hours. For involuntary
1586 outpatient services, the patient must have been examined within
1587 the preceding 30 days.
1588 (c) If a psychiatrist, a clinical psychologist with at
1589 least 3 years of clinical experience, or a psychiatric nurse
1590 practicing within the framework of an established protocol with
1591 a psychiatrist is not available to provide a second opinion, the
1592 petitioner must certify as such and the second opinion may be
1593 provided by a licensed physician who has postgraduate training
1594 and experience in diagnosis and treatment of mental illness, a
1595 clinical psychologist with less than 3 years of clinical
1596 experience, or a psychiatric nurse.
1597 (d) Any opinion authorized in this subsection may be
1598 conducted through a face-to-face or in-person examination, or by
1599 electronic means. Recommendations for involuntary services must
1600 be entered on a petition for involuntary services, which shall
1601 be made a part of the patient’s clinical record. The filing of
1602 the petition authorizes the facility to retain the patient
1603 pending transfer to a treatment facility or completion of a
1604 hearing.
1605 (4) PETITION FOR INVOLUNTARY SERVICES.—
1606 (a) A petition for involuntary services may be filed by:
1607 1. The administrator of a receiving facility;
1608 2. The administrator of a treatment facility; or
1609 3. A service provider who is treating the person being
1610 petitioned.
1611 (b) A petition for involuntary inpatient placement, or
1612 inpatient placement followed by outpatient services, must be
1613 filed in the court in the county where the patient is located.
1614 (c) A petition for involuntary outpatient services must be
1615 filed in the county where the patient is located, unless the
1616 patient is being placed from a state treatment facility, in
1617 which case the petition must be filed in the county where the
1618 patient will reside.
1619 (d)1. The petitioner must state in the petition:
1620 a. Whether the petitioner is recommending inpatient
1621 placement, outpatient services, or both.
1622 b. The length of time recommended for each type of
1623 involuntary services.
1624 c. The reasons for the recommendation.
1625 2. If recommending involuntary outpatient services, or a
1626 combination of involuntary inpatient placement and outpatient
1627 services, the petitioner must identify the service provider that
1628 has agreed to provide services for the person under an order for
1629 involuntary outpatient services, unless he or she is otherwise
1630 participating in outpatient psychiatric treatment and is not in
1631 need of public financing for that treatment, in which case the
1632 individual, if eligible, may be ordered to involuntary treatment
1633 pursuant to the existing psychiatric treatment relationship.
1634 3. When recommending an order to involuntary outpatient
1635 services, the petitioner shall prepare a written proposed
1636 services plan in consultation with the patient or the patient’s
1637 guardian advocate, if appointed, for the court’s consideration
1638 for inclusion in the involuntary outpatient services order that
1639 addresses the nature and extent of the mental illness and any
1640 co-occurring substance use disorder that necessitate involuntary
1641 outpatient services. The services plan must specify the likely
1642 needed level of care, including the use of medication, and
1643 anticipated discharge criteria for terminating involuntary
1644 outpatient services. The services in the plan must be deemed
1645 clinically appropriate by a physician, clinical psychologist,
1646 psychiatric nurse, mental health counselor, marriage and family
1647 therapist, or clinical social worker who consults with, or is
1648 employed or contracted by, the service provider. If the services
1649 in the proposed services plan are not available, the petitioner
1650 may not file the petition. The petitioner must notify the
1651 managing entity if the requested services are not available. The
1652 managing entity must document such efforts to obtain the
1653 requested service. The service provider who accepts the patient
1654 for involuntary outpatient services is responsible for the
1655 development of a comprehensive treatment plan.
1656 (e) Each required criterion for the recommended involuntary
1657 services must be alleged and substantiated in the petition. A
1658 copy of the recommended services plan, if applicable, must be
1659 attached to the petition. The court must accept petitions and
1660 other documentation with electronic signatures.
1661 (f) When the petition has been filed, the clerk of the
1662 court shall provide copies of the petition and the recommended
1663 services plan, if applicable, to the department, the managing
1664 entity, the patient, the patient’s guardian or representative,
1665 the state attorney, and the public defender or the patient’s
1666 private counsel. A fee may not be charged for the filing of a
1667 petition under this subsection.
1668 (5) APPOINTMENT OF COUNSEL.—Within 1 court working day
1669 after the filing of a petition for involuntary services, the
1670 court shall appoint the public defender to represent the person
1671 who is the subject of the petition, unless the person is
1672 otherwise represented by counsel or ineligible. The clerk of the
1673 court shall immediately notify the public defender of such
1674 appointment. The public defender shall represent the person
1675 until the petition is dismissed, the court order expires, the
1676 patient is discharged from involuntary services, or the public
1677 defender is otherwise discharged by the court. Any attorney who
1678 represents the patient shall be provided access to the patient,
1679 witnesses, and records relevant to the presentation of the
1680 patient’s case and shall represent the interests of the patient,
1681 regardless of the source of payment to the attorney.
1682 (6) CONTINUANCE OF HEARING.—The patient and the state are
1683 independently entitled to seek a continuance of the hearing. The
1684 patient shall be granted a request for an initial continuance
1685 for up to 7 calendar days. The patient may request additional
1686 continuances for up to 21 calendar days in total, which shall
1687 only be granted by a showing of good cause and due diligence by
1688 the patient and the patient’s counsel before requesting the
1689 continuance. The state may request one continuance of up to 7
1690 calendar days, which shall only be granted by a showing of good
1691 cause and due diligence by the state before requesting the
1692 continuance. The state’s failure to timely review any readily
1693 available document or failure to attempt to contact a known
1694 witness does not warrant a continuance.
1695 (7) HEARING ON INVOLUNTARY SERVICES.—
1696 (a)1. The court shall hold a hearing on the involuntary
1697 services petition within 5 court working days after the filing
1698 of the petition, unless a continuance is granted.
1699 2. The court must hold any hearing on involuntary
1700 outpatient services in the county where the petition is filed. A
1701 hearing on involuntary inpatient placement, or a combination of
1702 involuntary inpatient placement and involuntary outpatient
1703 services, must be held in the county or the facility, as
1704 appropriate, where the patient is located, except for good cause
1705 documented in the court file.
1706 3. A hearing on involuntary services must be as convenient
1707 to the patient as is consistent with orderly procedure, and
1708 shall be conducted in physical settings not likely to be
1709 injurious to the patient’s condition. If the court finds that
1710 the patient’s attendance at the hearing is not consistent with
1711 the best interests of the patient, or the patient knowingly,
1712 intelligently, and voluntarily waives his or her right to be
1713 present, and if the patient’s counsel does not object, the court
1714 may waive the attendance of the patient from all or any portion
1715 of the hearing. The state attorney for the circuit in which the
1716 patient is located shall represent the state, rather than the
1717 petitioner, as the real party in interest in the proceeding. The
1718 facility or service provider shall make the patient’s clinical
1719 records available to the state attorney and the patient’s
1720 attorney so that the state can evaluate and prepare its case.
1721 However, these records shall remain confidential, and the state
1722 attorney may not use any record obtained under this part for
1723 criminal investigation or prosecution purposes, or for any
1724 purpose other than the patient’s civil commitment under this
1725 chapter.
1726 (b) The court may appoint a magistrate to preside at the
1727 hearing. The state attorney and witnesses may remotely attend
1728 and, as appropriate, testify at the hearing under oath via
1729 audio-video teleconference. A witness intending to attend
1730 remotely and testify must provide the parties with all relevant
1731 documents by the close of business on the day before the
1732 hearing. One of the professionals who executed the involuntary
1733 services certificate shall be a witness. The patient and the
1734 patient’s guardian or representative shall be informed by the
1735 court of the right to an independent expert examination. If the
1736 patient cannot afford such an examination, the court shall
1737 ensure that one is provided, as otherwise provided for by law.
1738 The independent expert’s report is confidential and not
1739 discoverable, unless the expert is to be called as a witness for
1740 the patient at the hearing. The court shall allow testimony from
1741 persons, including family members, deemed by the court to be
1742 relevant under state law, regarding the person’s prior history
1743 and how that prior history relates to the person’s current
1744 condition. The testimony in the hearing must be given under
1745 oath, and the proceedings must be recorded. The patient may
1746 refuse to testify at the hearing.
1747 (c) At the hearing, the court shall consider testimony and
1748 evidence regarding the patient’s competence to consent to
1749 services and treatment. If the court finds that the patient is
1750 incompetent to consent to treatment, it must appoint a guardian
1751 advocate as provided in s. 394.4598.
1752 (8) ORDERS OF THE COURT.—
1753 (a)1. If the court concludes that the patient meets the
1754 criteria for involuntary services, the court may order a patient
1755 to involuntary inpatient placement, involuntary outpatient
1756 services, or a combination of involuntary services depending on
1757 the criteria met and which type of involuntary services best
1758 meet the needs of the patient. However, if the court orders the
1759 patient to involuntary outpatient services, the court may not
1760 order the department or the service provider to provide services
1761 if the program or service is not available in the patient’s
1762 local community, if there is no space available in the program
1763 or service for the patient, or if funding is not available for
1764 the program or service. The petitioner must notify the managing
1765 entity if the requested services are not available. The managing
1766 entity must document such efforts to obtain the requested
1767 services. A copy of the order must be sent to the managing
1768 entity by the service provider within 1 working day after it is
1769 received from the court.
1770 2. The order must specify the nature and extent of the
1771 patient’s mental illness and the reasons the appropriate
1772 involuntary services criteria are satisfied.
1773 3. An order for only involuntary outpatient services,
1774 involuntary inpatient placement, or of a combination of
1775 involuntary services may be for a period of up to 6 months.
1776 4. An order for a combination of involuntary services must
1777 specify the length of time the patient shall be ordered for
1778 involuntary inpatient placement and involuntary outpatient
1779 services.
1780 5. The order of the court and the patient’s services plan,
1781 if applicable, must be made part of the patient’s clinical
1782 record.
1783 (b) If the court orders a patient into involuntary
1784 inpatient placement, the court may order that the patient be
1785 retained at a receiving facility while awaiting transfer
1786 transferred to a treatment facility; or, if the patient is at a
1787 treatment facility, that the patient be retained there or be
1788 treated at any other appropriate facility; or that the patient
1789 receive services on an involuntary basis for up to 6 months. The
1790 court may not order an individual with a developmental
1791 disability as defined in s. 393.063 or a traumatic brain injury
1792 or dementia who lacks a co-occurring mental illness to be
1793 involuntarily placed in a state treatment facility.
1794 (c) If at any time before the conclusion of a hearing on
1795 involuntary services, it appears to the court that the patient
1796 instead meets the criteria for involuntary admission or
1797 treatment pursuant to s. 397.675, then the court may order the
1798 person to be admitted for involuntary assessment pursuant to s.
1799 397.6757. Thereafter, all proceedings are governed by chapter
1800 397.
1801 (d) The administrator of the petitioning facility or the
1802 designated department representative shall provide a copy of the
1803 court order and adequate documentation of a patient’s mental
1804 illness to the service provider for involuntary outpatient
1805 services or the administrator of a treatment facility if the
1806 patient is ordered for involuntary inpatient placement. The
1807 documentation must include any advance directives made by the
1808 patient, a psychiatric evaluation of the patient, and any
1809 evaluations of the patient performed by a psychiatric nurse, a
1810 clinical psychologist, a marriage and family therapist, a mental
1811 health counselor, or a clinical social worker. The administrator
1812 of a treatment facility may refuse admission to any patient
1813 directed to its facilities on an involuntary basis, whether by
1814 civil or criminal court order, who is not accompanied by
1815 adequate orders and documentation.
1816 (e) In cases resulting in an order for involuntary
1817 outpatient services, the court shall retain jurisdiction over
1818 the case and the parties for entry of further orders as
1819 circumstances may require, including, but not limited to,
1820 monitoring compliance with treatment or ordering inpatient
1821 treatment to stabilize a person who decompensates while under
1822 court-ordered outpatient treatment and meets the commitment
1823 criteria of this section.
1824 (9) SERVICES PLAN MODIFICATION.—After the order for
1825 involuntary outpatient services is issued, the service provider
1826 and the patient may modify the services plan as provided by
1827 department rule.
1828 (10) NONCOMPLIANCE WITH INVOLUNTARY OUTPATIENT SERVICES.—
1829 (a) If, in the clinical judgment of a physician, a
1830 psychiatrist, a clinical psychologist with at least 3 years of
1831 clinical experience, or a psychiatric nurse practicing within
1832 the framework of an established protocol with a psychiatrist, a
1833 patient receiving involuntary outpatient services has failed or
1834 has refused to comply with the services plan ordered by the
1835 court, and efforts were made to solicit compliance, the service
1836 provider must report such noncompliance to the court. The
1837 involuntary outpatient services order shall remain in effect
1838 unless the service provider determines that the patient no
1839 longer meets the criteria for involuntary outpatient services or
1840 until the order expires. The service provider must determine
1841 whether modifications should be made to the existing services
1842 plan and must attempt to continue to engage the patient in
1843 treatment. For any material modification of the services plan to
1844 which the patient or the patient’s guardian advocate, if
1845 applicable, agrees, the service provider shall send notice of
1846 the modification to the court. Any material modifications of the
1847 services plan which are contested by the patient or the
1848 patient’s guardian advocate, if applicable, must be approved or
1849 disapproved by the court.
1850 (b) A county court may not use incarceration as a sanction
1851 for noncompliance with the services plan, but it may order an
1852 individual evaluated for possible inpatient placement if there
1853 is significant, or are multiple instances of, noncompliance.
1854 (11) PROCEDURE FOR CONTINUED INVOLUNTARY SERVICES.—
1855 (a) A petition for continued involuntary services must be
1856 filed if the patient continues to meets the criteria for
1857 involuntary services.
1858 (b)1. If a patient receiving involuntary outpatient
1859 services continues to meet the criteria for involuntary
1860 outpatient services, the service provider must file in the court
1861 that issued the initial order for involuntary outpatient
1862 services a petition for continued involuntary outpatient
1863 services.
1864 2. If a patient in involuntary inpatient placement
1865 continues to meet the criteria for involuntary services and is
1866 being treated at a receiving facility, the administrator must,
1867 before the expiration of the period the receiving facility is
1868 authorized to retain the patient, file in the court that issued
1869 the initial order for involuntary inpatient placement, a
1870 petition requesting authorization for continued involuntary
1871 services. The administrator may petition for inpatient or
1872 outpatient services.
1873 3. If a patient in inpatient placement continues to meet
1874 the criteria for involuntary services and is being treated at a
1875 treatment facility, the administrator must, before expiration of
1876 the period the treatment facility is authorized to retain the
1877 patient, file a petition requesting authorization for continued
1878 involuntary services. The administrator may petition for
1879 inpatient or outpatient services. Hearings on petitions for
1880 continued involuntary services of an individual placed at any
1881 treatment facility are administrative hearings and must be
1882 conducted in accordance with s. 120.57(1), except that any order
1883 entered by the judge is final and subject to judicial review in
1884 accordance with s. 120.68. Orders concerning patients committed
1885 after successfully pleading not guilty by reason of insanity are
1886 governed by s. 916.15.
1887 4. The court shall immediately schedule a hearing on the
1888 petition to be held within 15 days after the petition is filed.
1889 5. The existing involuntary services order shall remain in
1890 effect until disposition on the petition for continued
1891 involuntary services.
1892 (c) The petition must be accompanied by a statement from
1893 the patient’s physician, psychiatrist, psychiatric nurse, or
1894 clinical psychologist justifying the request, a brief
1895 description of the patient’s treatment during the time he or she
1896 was receiving involuntary services, and an individualized plan
1897 of continued treatment developed in consultation with the
1898 patient or the patient’s guardian advocate, if applicable. If
1899 the petition is for involuntary outpatient services, it must
1900 comply with the requirements of subparagraph (4)(d)3. When the
1901 petition has been filed, the clerk of the court shall provide
1902 copies of the petition and the individualized plan of continued
1903 services to the department, the patient, the patient’s guardian
1904 advocate, the state attorney, and the patient’s private counsel
1905 or the public defender.
1906 (d) The court shall appoint counsel to represent the person
1907 who is the subject of the petition for continued involuntary
1908 services in accordance with to the provisions set forth in
1909 subsection (5), unless the person is otherwise represented by
1910 counsel or ineligible.
1911 (e) Hearings on petitions for continued involuntary
1912 outpatient services must be before the court that issued the
1913 order for involuntary outpatient services. However, the patient
1914 and the patient’s attorney may agree to a period of continued
1915 outpatient services without a court hearing.
1916 (f) Hearings on petitions for continued involuntary
1917 inpatient placement in receiving facilities, or involuntary
1918 outpatient services following involuntary inpatient services,
1919 must be held in the county or the facility, as appropriate,
1920 where the patient is located.
1921 (g) The court may appoint a magistrate to preside at the
1922 hearing. The procedures for obtaining an order pursuant to this
1923 paragraph must meet the requirements of subsection (7).
1924 (h) Notice of the hearing must be provided as set forth in
1925 s. 394.4599.
1926 (i) If a patient’s attendance at the hearing is voluntarily
1927 waived, the judge must determine that the patient knowingly,
1928 intelligently, and voluntarily waived his or her right to be
1929 present, before waiving the presence of the patient from all or
1930 a portion of the hearing. Alternatively, if at the hearing the
1931 judge finds that attendance at the hearing is not consistent
1932 with the best interests of the patient, the judge may waive the
1933 presence of the patient from all or any portion of the hearing,
1934 unless the patient, through counsel, objects to the waiver of
1935 presence. The testimony in the hearing must be under oath, and
1936 the proceedings must be recorded.
1937 (j) If at a hearing it is shown that the patient continues
1938 to meet the criteria for involuntary services, the court shall
1939 issue an order for continued involuntary outpatient services,
1940 involuntary inpatient placement, or a combination of involuntary
1941 services for up to 6 months. The same procedure shall be
1942 repeated before the expiration of each additional period the
1943 patient is retained.
1944 (k) If the patient has been ordered to undergo involuntary
1945 services and has previously been found incompetent to consent to
1946 treatment, the court shall consider testimony and evidence
1947 regarding the patient’s competence. If the patient’s competency
1948 to consent to treatment is restored, the discharge of the
1949 guardian advocate is governed by s. 394.4598. If the patient has
1950 been ordered to undergo involuntary inpatient placement only and
1951 the patient’s competency to consent to treatment is restored,
1952 the administrative law judge may issue a recommended order, to
1953 the court that found the patient incompetent to consent to
1954 treatment, that the patient’s competence be restored and that
1955 any guardian advocate previously appointed be discharged.
1956 (l) If continued involuntary inpatient placement is
1957 necessary for a patient in involuntary inpatient placement who
1958 was admitted while serving a criminal sentence, but his or her
1959 sentence is about to expire, or for a minor involuntarily
1960 placed, but who is about to reach the age of 18, the
1961 administrator shall petition the administrative law judge for an
1962 order authorizing continued involuntary inpatient placement.
1963
1964 The procedure required in this subsection must be followed
1965 before the expiration of each additional period the patient is
1966 involuntarily receiving services.
1967 (12) RETURN TO FACILITY.—If a patient has been ordered to
1968 undergo involuntary inpatient placement at a receiving or
1969 treatment facility under this part and leaves the facility
1970 without the administrator’s authorization, the administrator may
1971 authorize a search for the patient and his or her return to the
1972 facility. The administrator may request the assistance of a law
1973 enforcement agency in this regard.
1974 (13) DISCHARGE.—The patient shall be discharged upon
1975 expiration of the court order or at any time the patient no
1976 longer meets the criteria for involuntary services, unless the
1977 patient has transferred to voluntary status. Upon discharge, the
1978 service provider or facility shall send a certificate of
1979 discharge to the court.
1980 Reviser’s note.—Reenacted to conform to the fact that s. 11, ch.
1981 2024-245, Laws of Florida, purported to amend s. 394.467
1982 but did not publish paragraphs (7)(f) and (g), which were
1983 intended to be stricken. Similar material now appears in
1984 paragraph (11)(k). Paragraph (1)(a) is amended to conform
1985 to the fact that s. 394.4655(1) defines “involuntary
1986 outpatient placement” as “involuntary outpatient services
1987 as defined in s. 394.467,” and s. 394.467(1)(c)
1988 specifically defines “involuntary outpatient services.”
1989 Paragraph (8)(b) is amended to confirm an editorial
1990 deletion to correct a drafting error. Paragraph (11)(d) is
1991 amended to confirm an editorial substitution to conform to
1992 context.
1993 Section 38. Subsection (2) of section 394.468, Florida
1994 Statutes, is amended to read:
1995 394.468 Admission and discharge procedures.—
1996 (2) Discharge planning and procedures for any patient’s
1997 release from a receiving facility or treatment facility must
1998 include and document the patient’s needs, and actions to address
1999 such needs, for, at a minimum:
2000 (a) Follow-up behavioral health appointments;
2001 (b) Information on how to obtain prescribed medications;
2002 and
2003 (c) Information pertaining to:
2004 1. Available living arrangements.;
2005 2. Transportation; and
2006 (d) Referral to:
2007 1. Care coordination services. The patient must be referred
2008 for care coordination services if the patient meets the criteria
2009 as a member of a priority population as determined by the
2010 department under s. 394.9082(3)(c) and is in need of such
2011 services.
2012 2. Recovery support opportunities under s. 394.4573(2)(l),
2013 including, but not limited to, connection to a peer specialist.
2014 Reviser’s note.—Amended to conform to statutes formatting.
2015 Section 39. Paragraph (a) of subsection (2) of section
2016 395.901, Florida Statutes, is amended to read:
2017 395.901 Definitions; legislative findings and intent.—
2018 (2) LEGISLATIVE FINDINGS AND INTENT.—
2019 (a) The Legislature finds that there is a critical shortage
2020 of behavioral health professionals and recognizes the urgent
2021 need to expand the existing behavioral health workforce, prepare
2022 for an aging workforce, incentivize entry into behavioral health
2023 professions, and train a modernized workforce in innovative and
2024 integrated care.
2025 Reviser’s note.—Amended to confirm an editorial insertion to
2026 conform to language elsewhere in the section.
2027 Section 40. Subsection (3) of section 397.68141, Florida
2028 Statutes, is amended to read:
2029 397.68141 Contents of petition for involuntary treatment
2030 services.—A petition for involuntary services must contain the
2031 name of the respondent; the name of the petitioner; the
2032 relationship between the respondent and the petitioner; the name
2033 of the respondent’s attorney, if known; and the factual
2034 allegations presented by the petitioner establishing the need
2035 for involuntary services for substance abuse impairment.
2036 (3) If there is an emergency, the petition must also
2037 describe the respondent’s exigent circumstances and include a
2038 request for an ex parte assessment and stabilization order that
2039 must be executed pursuant to s. 397.6818 397.68151.
2040 Reviser’s note.—Amended to conform to the fact that s. 397.68151
2041 relates to duties of the court upon filing of a petition
2042 for involuntary services; execution of court orders for
2043 involuntary assessment and stabilization are referenced in
2044 s. 397.6818.
2045 Section 41. Subsection (7) of section 403.031, Florida
2046 Statutes, is amended to read:
2047 403.031 Definitions.—In construing this chapter, or rules
2048 and regulations adopted pursuant hereto, the following words,
2049 phrases, or terms, unless the context otherwise indicates, have
2050 the following meanings:
2051 (7) “Nutrient or nutrient-related standards” means water
2052 quality standards and criteria established for total nitrogen
2053 and total phosphorus phosphorous, or their organic or inorganic
2054 forms; biological variables, such as chlorophyll a, biomass, or
2055 the structure of the phytoplankton, periphyton, or vascular
2056 plant community, that respond to a nutrient load or
2057 concentration in a predictable and measurable manner; or
2058 dissolved oxygen if it is demonstrated for the waterbody that
2059 dissolved oxygen conditions result in a biological imbalance and
2060 the dissolved oxygen responds to a nutrient load or
2061 concentration in a predictable and measurable manner.
2062 Reviser’s note.—Amended to confirm an editorial substitution to
2063 conform to context.
2064 Section 42. Paragraph (c) of subsection (1) of section
2065 403.086, Florida Statutes, is amended to read:
2066 403.086 Sewage disposal facilities; advanced and secondary
2067 waste treatment.—
2068 (1)
2069 (c)1. Notwithstanding this chapter or chapter 373, sewage
2070 disposal facilities may not dispose any wastes into the
2071 following waters without providing advanced waste treatment, as
2072 defined in subsection (4), as approved by the department or a
2073 more stringent treatment standard if the department determines
2074 the more stringent standard is necessary to achieve the total
2075 maximum daily load or applicable water quality criteria:
2076 a. Old Tampa Bay; Tampa Bay; Hillsborough Bay; Boca Ciega
2077 Bay; St. Joseph Sound; Clearwater Bay; Sarasota Bay; Little
2078 Sarasota Bay; Roberts Bay; Lemon Bay; Charlotte Harbor Bay;
2079 Biscayne Bay; or any river, stream, channel, canal, bay, bayou,
2080 sound, or other water tributary thereto.
2081 b. Beginning July 1, 2025, Indian River Lagoon, or any
2082 river, stream, channel, canal, bay, bayou, sound, or other water
2083 tributary thereto.
2084 c. By January 1, 2033, waterbodies that are currently not
2085 attaining nutrient or nutrient-related standards or that are
2086 subject to a nutrient or nutrient-related basin management
2087 action plan adopted pursuant to s. 403.067 or adopted reasonable
2088 assurance plan.
2089 2. For any waterbody determined not to be attaining
2090 nutrient or nutrient-related standards after July 1, 2023, or
2091 subject to a nutrient or nutrient-related basin management
2092 action plan adopted pursuant to s. 403.067 or adopted reasonable
2093 assurance plan after July 1, 2023, sewage disposal facilities
2094 are prohibited from disposing any wastes into such waters
2095 without providing advanced waste treatment, as defined in
2096 subsection (4), as approved by the department within 10 years
2097 after such determination or adoption.
2098 3. By July 1, 2034, any wastewater treatment facility
2099 providing reclaimed water that will be used for commercial or
2100 residential irrigation or be otherwise land applied within a
2101 nutrient basin management action plan or a reasonable assurance
2102 plan area must meet the advanced waste treatment standards for
2103 total nitrogen and total phosphorus phosphorous as defined in
2104 paragraph (4)(a) if the department has determined in an
2105 applicable basin management action plan or reasonable assurance
2106 plan that the use of reclaimed water as described in this
2107 subparagraph is causing or contributing to the nutrient
2108 impairment being addressed in such plan. For such department
2109 determinations made in a nutrient basin management action plan
2110 or reasonable assurance plan after July 1, 2024, an applicable
2111 wastewater treatment facility must meet the requisite advanced
2112 waste treatment standards described in this subparagraph within
2113 10 years after such determination. This subparagraph does not
2114 prevent the department from requiring an alternative treatment
2115 standard, including a more stringent treatment standard, if the
2116 department determines the alternative standard is necessary to
2117 achieve the total maximum daily load or applicable water quality
2118 criteria. This subparagraph does not apply to reclaimed water
2119 that is otherwise land applied as part of a water quality
2120 restoration project or water resource development project
2121 approved by the department or water management district to meet
2122 a total maximum daily load or minimum flow or level and where
2123 such reclaimed water will be at or below the advanced waste
2124 treatment standards described above prior to entering
2125 groundwater or surface water.
2126 Reviser’s note.—Amended to confirm an editorial substitution to
2127 conform to context.
2128 Section 43. Paragraph (a) of subsection (3) of section
2129 403.121, Florida Statutes, is amended to read:
2130 403.121 Enforcement; procedure; remedies.—The department
2131 shall have the following judicial and administrative remedies
2132 available to it for violations of this chapter, as specified in
2133 s. 403.161(1), ss. 381.0065-381.0067, part I of chapter 386 for
2134 purposes of onsite sewage treatment and disposal systems, part
2135 III of chapter 489, or any rule promulgated thereunder.
2136 (3) Except for violations involving hazardous wastes,
2137 asbestos, or underground injection, administrative penalties
2138 must be calculated according to the following schedule:
2139 (a) For a drinking water contamination violation, the
2140 department shall assess a penalty of $3,000 for a Maximum
2141 Contaminant Containment Level (MCL) violation; plus $1,500 if
2142 the violation is for a primary inorganic, organic, or
2143 radiological Maximum Contaminant Level or it is a fecal coliform
2144 bacteria violation; plus $1,500 if the violation occurs at a
2145 community water system; and plus $1,500 if any Maximum
2146 Contaminant Level is exceeded by more than 100 percent. For
2147 failure to obtain a clearance letter before placing a drinking
2148 water system into service when the system would not have been
2149 eligible for clearance, the department shall assess a penalty of
2150 $4,500.
2151 Reviser’s note.—Amended to confirm an editorial substitution to
2152 conform to context.
2153 Section 44. Subsection (5) of section 408.051, Florida
2154 Statutes, is amended to read:
2155 408.051 Florida Electronic Health Records Exchange Act.—
2156 (5) HOSPITAL DATA.—A hospital as defined in s. 395.002(12)
2157 which maintains certified electronic health record technology
2158 must make available admission admit, transfer, and discharge
2159 data to the agency’s Florida Health Information Exchange program
2160 for the purpose of supporting public health data registries and
2161 patient care coordination. The agency may adopt rules to
2162 implement this subsection.
2163 Reviser’s note.—Amended to improve clarity and facilitate
2164 correct interpretation.
2165 Section 45. Paragraph (d) of subsection (9) of section
2166 409.909, Florida Statutes, is amended to read:
2167 409.909 Statewide Medicaid Residency Program.—
2168 (9) The Graduate Medical Education Committee is created
2169 within the agency.
2170 (d) The committee shall convene its first meeting by July
2171 1, 2024, and shall meet as often as necessary to conduct its
2172 business, but at least twice annually, at the call of the chair.
2173 The committee may conduct its meetings through though
2174 teleconference or other electronic means. A majority of the
2175 members of the committee constitutes a quorum, and a meeting may
2176 not be held with less than a quorum present. The affirmative
2177 vote of a majority of the members of the committee present is
2178 necessary for any official action by the committee.
2179 Reviser’s note.—Amended to confirm an editorial substitution to
2180 conform to context.
2181 Section 46. Paragraph (j) of subsection (1) of section
2182 409.988, Florida Statutes, is amended to read:
2183 409.988 Community-based care lead agency duties; general
2184 provisions.—
2185 (1) DUTIES.—A lead agency:
2186 (j)1. May subcontract for the provision of services,
2187 excluding subcontracts with a related party for officer-level or
2188 director-level staffing to perform management functions,
2189 required by the contract with the lead agency and the
2190 department; however, the subcontracts must specify how the
2191 provider will contribute to the lead agency meeting the
2192 performance standards established pursuant to the child welfare
2193 results-oriented accountability system required by s. 409.997.
2194 Any contract with an unrelated entity for officer-level or
2195 director-level staffing to perform management functions must
2196 adhere to the executive compensation provision in s. 409.992(3).
2197 2. Shall directly provide no more than 35 percent of all
2198 child welfare services provided unless it can demonstrate a need
2199 within the lead agency’s geographic service area where there is
2200 a lack of qualified providers available to perform necessary
2201 services. The approval period for an exemption to exceed the 35
2202 percent threshold is limited to 2 years. To receive approval,
2203 the lead agency must create and submit to the department through
2204 the lead agency’s local community alliance a detailed report of
2205 all efforts to recruit a qualified provider to perform the
2206 necessary services in that geographic service area. The local
2207 community alliance in the geographic service area in which the
2208 lead agency is seeking to exceed the threshold shall review the
2209 lead agency’s justification for need and recommend to the
2210 department whether the department should approve or deny the
2211 lead agency’s request for an exemption from the services
2212 threshold. If there is not a community alliance operating in the
2213 geographic service area in which the lead agency is seeking to
2214 exceed the threshold, such review and recommendation shall be
2215 made by representatives of local stakeholders, including at
2216 least one representative from each of the following:
2217 a. The department.
2218 b. The county government.
2219 c. The school district.
2220 d. The county United Way.
2221 e. The county sheriff’s office.
2222 f. The circuit court corresponding to the county.
2223 g. The county children’s board, if one exists.
2224
2225 The lead agency may request a renewal of the exemption allowing
2226 the lead agency to directly provide child welfare services by
2227 following the process outlined in this subparagraph. The
2228 approval period for an exemption renewal is limited to 2 years.
2229 If, after the expiration of the exemption, the department
2230 determines the lead agency is not making a good faith effort to
2231 recruit a qualified provider, the department may deny the
2232 renewal request and require reprocurement.
2233 3. Shall, upon the department approving any exemption that
2234 allows a lead agency to directly provide more than 40 percent of
2235 all child welfare services provided, be required by the
2236 department to undergo an operational audit by the Auditor
2237 General to examine the lead agency’s procurement of and
2238 financial arrangements for providing such services. Upon
2239 approving any exemption that allows a lead agency to directly
2240 provide more than 40 percent of all child welfare services
2241 provided, the department shall require the lead agency to
2242 undergo an operational audit by the Auditor General to examine
2243 the lead agency’s procurement of and financial arrangements for
2244 providing such services. The audit shall, at a minimum, examine
2245 the costs incurred and any payments made by the lead agency to
2246 itself for services directly provided by the lead agency
2247 compared to any procurement solicitations by the lead agency,
2248 and assess the adequacy of the efforts to obtain services from
2249 subcontractors and the resulting cost and cost-effectiveness of
2250 the services provided directly by the lead agency. The Auditor
2251 General shall conduct such audits upon notification by the
2252 department.
2253 Reviser’s note.—Amended to confirm an editorial substitution to
2254 conform to the introductory text of subsection (1) and to
2255 provide contextual consistency with the other subunits
2256 within that subsection.
2257 Section 47. Paragraph (a) of subsection (3) of section
2258 420.606, Florida Statutes, is amended to read:
2259 420.606 Training and technical assistance program.—
2260 (3) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.—The
2261 Department of Commerce shall be responsible for securing the
2262 necessary expertise to provide training and technical assistance
2263 to:
2264 (a) Staff of local governments; to staff of state agencies,
2265 as appropriate; to community-based organizations; and to persons
2266 forming such organizations, which are formed for the purpose of
2267 developing new housing and rehabilitating existing housing that
2268 is affordable for very-low-income persons, low-income persons,
2269 and moderate-income persons.
2270 1. The training component of the program shall be designed
2271 to build the housing development capacity of community-based
2272 organizations and local governments as a permanent resource for
2273 the benefit of communities in this state.
2274 a. The scope of training must include, but need not be
2275 limited to, real estate development skills related to affordable
2276 housing, including the construction process and property
2277 management and disposition, the development of public-private
2278 partnerships to reduce housing costs, model housing projects,
2279 and management and board responsibilities of community-based
2280 organizations.
2281 b. Training activities may include, but are not limited to,
2282 materials for self-instruction, workshops, seminars,
2283 internships, coursework, and special programs developed in
2284 conjunction with state universities and community colleges.
2285 2. The technical assistance component of the program shall
2286 be designed to assist applicants for state-administered programs
2287 in developing applications and in expediting project
2288 implementation. Technical assistance activities for the staffs
2289 of community-based organizations and local governments who are
2290 directly involved in the production of affordable housing may
2291 include, but are not limited to, workshops for program
2292 applicants, onsite visits, guidance in achieving project
2293 completion, and a newsletter to community-based organizations
2294 and local governments.
2295 Reviser’s note.—Amended to eliminate redundancy.
2296 Section 48. Paragraph (b) of subsection (4) of section
2297 420.6241, Florida Statutes, is amended to read:
2298 420.6241 Persons with lived experience.—
2299 (4) BACKGROUND SCREENING.—
2300 (b) The background screening conducted under this
2301 subsection must ensure that the qualified applicant has not been
2302 arrested for and is not awaiting final disposition of, has not
2303 been found guilty of, regardless of adjudication, or entered a
2304 plea of nolo contendere or guilty to, or has not been
2305 adjudicated delinquent and the record has been sealed or
2306 expunged for, any offense prohibited under any of the following
2307 state laws or similar laws of another jurisdiction:
2308 1. Section 393.135, relating to sexual misconduct with
2309 certain developmentally disabled clients and reporting of such
2310 sexual misconduct.
2311 2. Section 394.4593, relating to sexual misconduct with
2312 certain mental health patients and reporting of such sexual
2313 misconduct.
2314 3. Section 409.920, relating to Medicaid provider fraud, if
2315 the offense is a felony of the first or second degree.
2316 4. Section 415.111, relating to criminal penalties for
2317 abuse, neglect, or exploitation of vulnerable adults.
2318 5. Any offense that constitutes domestic violence, as
2319 defined in s. 741.28.
2320 6. Section 777.04, relating to attempts, solicitation, and
2321 conspiracy to commit an offense listed in this paragraph.
2322 7. Section 782.04, relating to murder.
2323 8. Section 782.07, relating to manslaughter, aggravated
2324 manslaughter of an elderly person or a disabled adult,
2325 aggravated manslaughter of a child, or aggravated manslaughter
2326 of an officer, a firefighter, an emergency medical technician,
2327 or a paramedic.
2328 9. Section 782.071, relating to vehicular homicide.
2329 10. Section 782.09, relating to killing of an unborn child
2330 by injury to the mother.
2331 11. Chapter 784, relating to assault, battery, and culpable
2332 negligence, if the offense is a felony.
2333 12. Section 787.01, relating to kidnapping.
2334 13. Section 787.02, relating to false imprisonment.
2335 14. Section 787.025, relating to luring or enticing a
2336 child.
2337 15. Section 787.04(2), relating to leading, taking,
2338 enticing, or removing a minor beyond the state limits, or
2339 concealing the location of a minor, with criminal intent pending
2340 custody proceedings.
2341 16. Section 787.04(3), relating to leading, taking,
2342 enticing, or removing a minor beyond the state limits, or
2343 concealing the location of a minor, with criminal intent pending
2344 dependency proceedings or proceedings concerning alleged abuse
2345 or neglect of a minor.
2346 17. Section 790.115(1), relating to exhibiting firearms or
2347 weapons within 1,000 feet of a school.
2348 18. Section 790.115(2)(b), relating to possessing an
2349 electric weapon or device, a destructive device, or any other
2350 weapon on school property.
2351 19. Section 794.011, relating to sexual battery.
2352 20. Former s. 794.041, relating to prohibited acts of
2353 persons in familial or custodial authority.
2354 21. Section 794.05, relating to unlawful sexual activity
2355 with certain minors.
2356 22. Section 794.08, relating to female genital mutilation.
2357 23. Section 796.07, relating to procuring another to commit
2358 prostitution, except for those offenses expunged pursuant to s.
2359 943.0583.
2360 24. Section 798.02, relating to lewd and lascivious
2361 behavior.
2362 25. Chapter 800, relating to lewdness and indecent
2363 exposure.
2364 26. Section 806.01, relating to arson.
2365 27. Section 810.02, relating to burglary, if the offense is
2366 a felony of the first degree.
2367 28. Section 810.14, relating to voyeurism, if the offense
2368 is a felony.
2369 29. Section 810.145, relating to digital video voyeurism,
2370 if the offense is a felony.
2371 30. Section 812.13, relating to robbery.
2372 31. Section 812.131, relating to robbery by sudden
2373 snatching.
2374 32. Section 812.133, relating to carjacking.
2375 33. Section 812.135, relating to home-invasion robbery.
2376 34. Section 817.034, relating to communications fraud, if
2377 the offense is a felony of the first degree.
2378 35. Section 817.234, relating to false and fraudulent
2379 insurance claims, if the offense is a felony of the first or
2380 second degree.
2381 36. Section 817.50, relating to fraudulently obtaining
2382 goods or services from a health care provider and false reports
2383 of a communicable disease.
2384 37. Section 817.505, relating to patient brokering.
2385 38. Section 817.568, relating to fraudulent use of personal
2386 identification, if the offense is a felony of the first or
2387 second degree.
2388 39. Section 825.102, relating to abuse, aggravated abuse,
2389 or neglect of an elderly person or a disabled adult.
2390 40. Section 825.1025, relating to lewd or lascivious
2391 offenses committed upon or in the presence of an elderly person
2392 or a disabled person.
2393 41. Section 825.103, relating to exploitation of an elderly
2394 person or a disabled adult, if the offense is a felony.
2395 42. Section 826.04, relating to incest.
2396 43. Section 827.03, relating to child abuse, aggravated
2397 child abuse, or neglect of a child.
2398 44. Section 827.04, relating to contributing to the
2399 delinquency or dependency of a child.
2400 45. Former s. 827.05, relating to negligent treatment of
2401 children.
2402 46. Section 827.071, relating to sexual performance by a
2403 child.
2404 47. Section 831.30, relating to fraud in obtaining
2405 medicinal drugs.
2406 48. Section 831.31, relating to the sale, manufacture,
2407 delivery, or possession with intent to sell, manufacture, or
2408 deliver any counterfeit controlled substance, if the offense is
2409 a felony.
2410 49. Section 843.01, relating to resisting arrest with
2411 violence.
2412 50. Section 843.025, relating to depriving a law
2413 enforcement, correctional, or correctional probation officer of
2414 the means of protection or communication.
2415 51. Section 843.12, relating to aiding in an escape.
2416 52. Section 843.13, relating to aiding in the escape of
2417 juvenile inmates of correctional institutions.
2418 53. Chapter 847, relating to obscenity.
2419 54. Section 874.05, relating to encouraging or recruiting
2420 another to join a criminal gang.
2421 55. Chapter 893, relating to drug abuse prevention and
2422 control, if the offense is a felony of the second degree or
2423 greater severity.
2424 56. Section 895.03, relating to racketeering and collection
2425 of unlawful debts.
2426 57. Section 896.101, relating to the Florida Money
2427 Laundering Act.
2428 58. Section 916.1075, relating to sexual misconduct with
2429 certain forensic clients and reporting of such sexual
2430 misconduct.
2431 59. Section 944.35(3), relating to inflicting cruel or
2432 inhuman treatment on an inmate, resulting in great bodily harm.
2433 60. Section 944.40, relating to escape.
2434 61. Section 944.46, relating to harboring, concealing, or
2435 aiding an escaped prisoner.
2436 62. Section 944.47, relating to introduction of contraband
2437 into a correctional institution.
2438 63. Section 985.701, relating to sexual misconduct in
2439 juvenile justice programs.
2440 64. Section 985.711, relating to introduction of contraband
2441 into a detention facility.
2442 Reviser’s note.—Amended to conform to the amendment of s.
2443 810.145 by s. 1, ch. 2024-132, Laws of Florida, which
2444 redesignated the offense of “video voyeurism” as “digital
2445 voyeurism.”
2446 Section 49. Paragraph (c) of subsection (2) of section
2447 456.0145, Florida Statutes, is amended to read:
2448 456.0145 Mobile Opportunity by Interstate Licensure
2449 Endorsement (MOBILE) Act.—
2450 (2) LICENSURE BY ENDORSEMENT.—
2451 (c) A person is ineligible for a license under this section
2452 if the he or she:
2453 1. Has a complaint, an allegation, or an investigation
2454 pending before a licensing entity in another state, the District
2455 of Columbia, or a possession or territory of the United States;
2456 2. Has been convicted of or pled nolo contendere to,
2457 regardless of adjudication, any felony or misdemeanor related to
2458 the practice of a health care profession;
2459 3. Has had a health care provider license revoked or
2460 suspended by another state, the District of Columbia, or a
2461 territory of the United States, or has voluntarily surrendered
2462 any such license in lieu of having disciplinary action taken
2463 against the license; or
2464 4. Has been reported to the National Practitioner Data
2465 Bank, unless the applicant has successfully appealed to have his
2466 or her name removed from the data bank.
2467 Reviser’s note.—Amended to confirm an editorial deletion to
2468 facilitate correct interpretation.
2469 Section 50. Section 7 of section 456.4501, Florida
2470 Statutes, is amended to read:
2471 456.4501 Interstate Medical Licensure Compact.—The
2472 Interstate Medical Licensure Compact is hereby enacted into law
2473 and entered into by this state with all other jurisdictions
2474 legally joining therein in the form substantially as follows:
2475
2476 SECTION 7
2477 COORDINATED INFORMATION SYSTEM
2478
2479 (1) The Interstate Commission shall establish a database of
2480 all physicians licensed, or who have applied for licensure,
2481 under Section 5.
2482 (2) Notwithstanding any other provision of law, member
2483 boards shall report to the Interstate Commission any public
2484 action or complaints against a licensed physician who has
2485 applied for or received an expedited license through the
2486 compact.
2487 (3) Member boards shall report to the Interstate Commission
2488 disciplinary or investigatory information determined as
2489 necessary and proper by rule of the Interstate Commission.
2490 (4) Member boards may report to the Interstate Commission
2491 any nonpublic complaint, disciplinary, or investigatory
2492 information not required by subsection (3).
2493 (5) Member boards shall share complaint or disciplinary
2494 information about a physician upon request of another member
2495 board.
2496 (6) All information provided to the Interstate Commission
2497 or distributed by member boards shall be confidential, filed
2498 under seal, and used only for investigatory or disciplinary
2499 matters.
2500 (7) The Interstate Commission may develop rules for
2501 mandated or discretionary sharing of information by member
2502 boards.
2503 Reviser’s note.—Amended to confirm an editorial insertion to
2504 improve clarity.
2505 Section 51. Paragraph (c) of subsection (2) of section
2506 459.0075, Florida Statutes, is amended to read:
2507 459.0075 Limited licenses.—
2508 (2) GRADUATE ASSISTANT PHYSICIANS.—A graduate assistant
2509 physician is a medical school graduate who meets the
2510 requirements of this subsection and has obtained a limited
2511 license from the board for the purpose of practicing temporarily
2512 under the direct supervision of a physician who has a full,
2513 active, and unencumbered license issued under this chapter,
2514 pending the graduate’s entrance into a residency under the
2515 National Resident Match Program.
2516 (c) A graduate assistant physician limited licensee may
2517 apply for a one-time renewal of his or her limited license
2518 licensed by submitting a board-approved application,
2519 documentation of actual practice under the required protocol
2520 during the initial limited licensure period, and documentation
2521 of applications he or she has submitted for accredited graduate
2522 medical education training programs. The one-time renewal
2523 terminates after 1 year. A graduate assistant physician who has
2524 received a limited license under this subsection is not eligible
2525 to apply for another limited license, regardless of whether he
2526 or she received a one-time renewal under this paragraph.
2527 Reviser’s note.—Amended to confirm an editorial substitution to
2528 facilitate correct interpretation.
2529 Section 52. Subsection (4) of section 465.022, Florida
2530 Statutes, is amended to read
2531 465.022 Pharmacies; general requirements; fees.—
2532 (4) An application for a pharmacy permit must include the
2533 applicant’s written policies and procedures for preventing
2534 controlled substance dispensing based on fraudulent
2535 representations or invalid practitioner-patient relationships.
2536 The board must review the policies and procedures and may deny a
2537 permit if the policies and procedures are insufficient to
2538 reasonably prevent such dispensing. The department may phase in
2539 the submission and review of policies and procedures over one
2540 18-month period beginning July 1, 2011.
2541 Reviser’s note.—Amended to delete obsolete language.
2542 Section 53. Subsection (3) of section 466.016, Florida
2543 Statutes, is amended to read:
2544 466.016 License to be displayed.—
2545 (3) Any partnership, corporation, or other business entity
2546 that advertises dental services shall designate with the board a
2547 dentist of record and provide each patient with the name,
2548 contact telephone number, after-hours contact information for
2549 emergencies, and, upon the patient’s request, license
2550 information of the dentist of record. The designated dentist
2551 shall have a full, active, and unencumbered license under this
2552 chapter or a registration pursuant to s. 456.47.
2553 Reviser’s note.—Amended to confirm an editorial insertion to
2554 improve clarity.
2555 Section 54. Paragraphs (t)-(v), (aa), and (mm) of
2556 subsection (1) of section 466.028, Florida Statutes, are amended
2557 to read:
2558 466.028 Grounds for disciplinary action; action by the
2559 board.—
2560 (1) The following acts constitute grounds for denial of a
2561 license or disciplinary action, as specified in s. 456.072(2):
2562 (t) Committing fraud, deceit, or misconduct in the practice
2563 of dentistry or dental hygiene.
2564 (u) Failing Failure to provide and maintain reasonable
2565 sanitary facilities and conditions.
2566 (v) Failing Failure to provide adequate radiation
2567 safeguards.
2568 (aa) Violating The violation of a lawful order of the board
2569 or department previously entered in a disciplinary hearing; or
2570 failure to comply with a lawfully issued subpoena of the board
2571 or department.
2572 (mm) Failing Failure by the dentist of record, before the
2573 initial diagnosis and correction of a malposition of human teeth
2574 or initial use of an orthodontic appliance, to perform an in
2575 person examination of the patient or obtain records from an in
2576 person examination within the last 12 months and to perform a
2577 review of the patient’s most recent diagnostic digital or
2578 conventional radiographs or other equivalent bone imaging
2579 suitable for orthodontia.
2580 Reviser’s note.—Amended to provide grammatical consistency with
2581 the other paragraphs in this subsection.
2582 Section 55. Section 466.0281, Florida Statutes, is amended
2583 to read:
2584 466.0281 Initial examination for orthodontic appliance.
2585 Before the initial diagnosis and correction of a malposition of
2586 human teeth or initial use of an orthodontic appliance, a
2587 dentist must perform an in-person examination of the patient or
2588 obtain records from an in-person examination within the previous
2589 12 months and to perform a review of the patient’s most recent
2590 diagnostic digital or conventional radiographs or other
2591 equivalent bone imaging suitable for orthodontia. The term “in
2592 person examination” means an examination conducted by a dentist
2593 while the dentist is physically present in the same room as the
2594 patient.
2595 Reviser’s note.—Amended to confirm an editorial deletion to
2596 improve clarity.
2597 Section 56. Subsection (1) of section 493.6127, Florida
2598 Statutes, is amended to read:
2599 493.6127 Appointment of tax collectors to accept
2600 applications and renewals for licenses; fees; penalties.—
2601 (1) The department may appoint a tax collector, a county
2602 officer as described in s. 1(d), Art. VIII of the State
2603 Constitution, to accept new, renewal, and replacement license
2604 applications on behalf of the department for licenses issued
2605 under this chapter. Such appointment shall be for specified
2606 locations that will best serve the public interest and
2607 convenience of in persons applying for these licenses. The
2608 department shall establish by rule the type of new, renewal, or
2609 replacement licenses a tax collector appointed under this
2610 section is authorized to accept.
2611 Reviser’s note.—Amended to confirm an editorial substitution to
2612 improve clarity.
2613 Section 57. Paragraph (b) of subsection (6) of section
2614 516.15, Florida Statutes, is amended to read:
2615 516.15 Duties of licensee.—Every licensee shall:
2616 (6) Offer the borrower at the time a loan is made a credit
2617 education program or seminar provided, in writing or by
2618 electronic means, by the licensee or a third-party provider. The
2619 credit education program or seminar may address, but need not be
2620 limited to, any of the following topics:
2621 (b) The impact of, value of, and ways to improve a credit
2622 score.
2623
2624 A credit education program or seminar offered under this
2625 subsection must be offered at no cost to the borrower. A
2626 licensee may not require a borrower to participate in a credit
2627 education program or seminar as a condition of receiving a loan.
2628 Reviser’s note.—Amended to confirm an editorial insertion to
2629 improve clarity.
2630 Section 58. Paragraph (f) of subsection (2) of section
2631 516.38, Florida Statutes, is amended to read:
2632 516.38 Annual reports by licensees.—
2633 (2) The report must include the following information for
2634 the preceding calendar year:
2635 (f) The total number of loans, separated by principal
2636 amount, in the following ranges as of December 31 of the
2637 preceding calendar year:
2638 1. Up to and including $5,000.
2639 2. From $5,001 Five thousand and one dollars to $10,000.
2640 3. From $10,001 Ten thousand and one dollars to $15,000.
2641 4. From $15,001 Fifteen thousand and one dollars to
2642 $20,000.
2643 5. From $20,001 Twenty thousand and one dollars to $25,000.
2644 Reviser’s note.—Amended to confirm editorial insertions, and
2645 editorial substitutions of dollar amounts to figures, to
2646 conform to style elsewhere in the section.
2647 Section 59. Paragraph (b) of subsection (5) of section
2648 517.131, Florida Statutes, is amended to read:
2649 517.131 Securities Guaranty Fund.—
2650 (5) An eligible person, or a receiver on behalf of the
2651 eligible person, seeking payment from the Securities Guaranty
2652 Fund must file with the office a written application on a form
2653 that the commission may prescribe by rule. The commission may
2654 adopt by rule procedures for filing documents by electronic
2655 means, provided that such procedures provide the office with the
2656 information and data required by this section. The application
2657 must be filed with the office within 1 year after the date of
2658 the final judgment, the date on which a restitution order has
2659 been ripe for execution, or the date of any appellate decision
2660 thereon, and, at minimum, must contain all of the following
2661 information:
2662 (b) The name of the person ordered to pay restitution.
2663 Reviser’s note.—Amended to improve clarity.
2664 Section 60. Paragraph (b) of subsection (6) of section
2665 550.0351, Florida Statutes, is amended to read:
2666 550.0351 Charity days.—
2667 (6)
2668 (b) The funds derived from the operation of the additional
2669 scholarship day shall be allocated as provided in this section
2670 and paid to Pasco-Hernando State College Pasco-Hernando
2671 Community College.
2672 Reviser’s note.—Amended to confirm an editorial substitution to
2673 conform to the renaming of the college by s. 1, ch. 2014-8,
2674 Laws of Florida.
2675 Section 61. Subsection (7) of section 553.8991, Florida
2676 Statutes, is amended to read:
2677 553.8991 Resiliency and Safe Structures Act.—
2678 (7) APPLICATION AND CONSTRUCTION.—This section applies
2679 retroactively to any law adopted contrary to this section or its
2680 intent and must be liberally construed to effectuate its intent.
2681 This section does not apply to or affect s. 553.79(25)
2682 553.79(26).
2683 Reviser’s note.—Amended to conform to the deletion of former s.
2684 553.79(16) by s. 3, ch. 2024-191, Laws of Florida.
2685 Section 62. Section 569.31, Florida Statutes, is reenacted
2686 to read:
2687 569.31 Definitions.—As used in this part, the term:
2688 (1) “Dealer” is synonymous with the term “retail nicotine
2689 products dealer.”
2690 (2) “Division” means the Division of Alcoholic Beverages
2691 and Tobacco of the Department of Business and Professional
2692 Regulation.
2693 (3) “FDA” means the United States Food and Drug
2694 Administration.
2695 (4) “Nicotine dispensing device” means any product that
2696 employs an electronic, chemical, or mechanical means to produce
2697 vapor or aerosol from a nicotine product, including, but not
2698 limited to, an electronic cigarette, electronic cigar,
2699 electronic cigarillo, electronic pipe, or other similar device
2700 or product, any replacement cartridge for such device, and any
2701 other container of nicotine in a solution or other form intended
2702 to be used with or within an electronic cigarette, electronic
2703 cigar, electronic cigarillo, electronic pipe, or other similar
2704 device or product. For purposes of this definition, each
2705 individual stock keeping unit is considered a separate nicotine
2706 dispensing device.
2707 (5) “Nicotine product” means any product that contains
2708 nicotine, including liquid nicotine, which is intended for human
2709 consumption, whether inhaled, chewed, absorbed, dissolved, or
2710 ingested by any means. The term also includes any nicotine
2711 dispensing device. The term does not include a:
2712 (a) Tobacco product, as defined in s. 569.002;
2713 (b) Product regulated as a drug or device by the United
2714 States Food and Drug Administration under Chapter V of the
2715 Federal Food, Drug, and Cosmetic Act; or
2716 (c) Product that contains incidental nicotine.
2717 (6) “Nicotine products manufacturer” means any person or
2718 entity that manufactures nicotine products.
2719 (7) “Permit” is synonymous with the term “retail nicotine
2720 products dealer permit.”
2721 (8) “Retail nicotine products dealer” means the holder of a
2722 retail nicotine products dealer permit.
2723 (9) “Retail nicotine products dealer permit” means a permit
2724 issued by the division under s. 569.32.
2725 (10) “Self-service merchandising” means the open display of
2726 nicotine products, whether packaged or otherwise, for direct
2727 retail customer access and handling before purchase without the
2728 intervention or assistance of the dealer or the dealer’s owner,
2729 employee, or agent. An open display of such products and devices
2730 includes the use of an open display unit.
2731 (11) “Sell” or “sale” means, in addition to its common
2732 usage meaning, any sale, transfer, exchange, barter, gift, or
2733 offer for sale and distribution, in any manner or by any means.
2734 (12) “Any person under the age of 21” does not include any
2735 person under the age of 21 who:
2736 (a) Is in the military reserve or on active duty in the
2737 Armed Forces of the United States; or
2738 (b) Is acting in his or her scope of lawful employment.
2739 Reviser’s note.—Section 1, ch. 2024-127, Laws of Florida,
2740 purported to amend s. 569.31, but did not publish
2741 subsection (9), which was published and redesignated as
2742 subsection (12) by the editors to conform to the subsection
2743 redesignations by s. 1, ch. 2024-127. Absent affirmative
2744 evidence of legislative intent to repeal it, s. 569.31 is
2745 reenacted to confirm that the omission was not intended.
2746 Section 63. Paragraph (a) of subsection (6) of section
2747 581.189, Florida Statutes, is amended to read:
2748 581.189 Dealing in, buying, transporting, and processing
2749 saw palmetto berries.—
2750 (6)(a) A harvester that exchanges or offers to exchange saw
2751 palmetto berries with a saw palmetto dealer, seller, or
2752 processor for money or any other valuable consideration without
2753 first presenting to the saw palmetto berry dealer, seller, or
2754 processor the person’s entire permit, as provided in s. 581.185,
2755 or the landowner’s written permission commits a misdemeanor of
2756 the first degree, punishable as provided in s. 775.082 or s.
2757 775.083.
2758 Reviser’s note.—Amended to confirm an editorial insertion to
2759 improve clarity.
2760 Section 64. Paragraph (a) of subsection (6) of section
2761 605.0115, Florida Statutes, is amended to read:
2762 605.0115 Resignation of registered agent.—
2763 (6)(a) If a registered agent is resigning as registered
2764 agent from more than one limited liability company that each has
2765 been dissolved, either voluntarily, administratively, or by
2766 court action, for a continuous period of 10 years or longer, the
2767 registered agent may elect to file the statement of resignation
2768 separately for each such limited liability company or may elect
2769 to file a single composite statement of resignation covering two
2770 or more limited liability companies. Any such composite
2771 statement of resignation must set forth, for each such limited
2772 liability company covered by the statement of resignation, the
2773 name of the respective limited liability company and the date
2774 dissolution became effective for the respective limited
2775 liability company.
2776 Reviser’s note.—Amended to confirm an editorial insertion to
2777 conform to context.
2778 Section 65. Subsection (4) of section 607.0149, Florida
2779 Statutes, is amended to read:
2780 607.0149 Notice requirements.—
2781 (4) Notice under this section is not required with respect
2782 to any action required to be submitted to shareholders for
2783 approval pursuant to s. 607.0147(3) if notice is given in
2784 accordance with s. 607.0148(2).
2785 Reviser’s note.—Amended to confirm an editorial insertion to
2786 improve clarity.
2787 Section 66. Paragraph (b) of subsection (1) of section
2788 624.27, Florida Statutes, is amended to read:
2789 624.27 Direct health care agreements; exemption from code.—
2790 (1) As used in this section, the term:
2791 (b) “Health care provider” means a health care provider
2792 licensed under chapter 458, chapter 459, chapter 460, chapter
2793 461, chapter 464, or chapter 466, chapter 490, or chapter 491,
2794 or a health care group practice, who provides health care
2795 services to patients.
2796 Reviser’s note.—Amended to confirm an editorial deletion to
2797 conform to context.
2798 Section 67. Paragraph (c) of subsection (10) of section
2799 624.307, Florida Statutes, is amended to read:
2800 624.307 General powers; duties.—
2801 (10)
2802 (c) Each insurer issued a certificate of authority or made
2803 an eligible surplus lines insurer shall file with the department
2804 an e-mail address to which requests for response to consumer
2805 complaints shall be directed pursuant to paragraph (b). Such
2806 insurer shall also designate a contact person for escalated
2807 complaint issues and shall provide the name, e-mail address, and
2808 telephone number of such person. A licensee of the department,
2809 including an agency or a firm, may elect to designate designated
2810 an e-mail address to which requests for response to consumer
2811 complaints shall be directed pursuant to paragraph (b). If a
2812 licensee, including an agency or a firm, elects not to designate
2813 an e-mail address, the department shall direct requests for
2814 response to consumer complaints to the e-mail address of record
2815 for the licensee in the department’s licensing system. An
2816 insurer or a licensee, including an agency or a firm, may change
2817 the designated contact information at any time by submitting the
2818 new information to the department using the method designated by
2819 rule by the department.
2820 Reviser’s note.—Amended to confirm an editorial substitution to
2821 conform to context.
2822 Section 68. Paragraph (c) of subsection (1) of section
2823 624.413, Florida Statutes, is amended to read:
2824 624.413 Application for certificate of authority.—
2825 (1) To apply for a certificate of authority, an insurer
2826 shall file its application therefor with the office, upon a form
2827 adopted by the commission and furnished by the office, showing
2828 its name; location of its home office and, if an alien insurer,
2829 its principal office in the United States; kinds of insurance to
2830 be transacted; state or country of domicile; and such additional
2831 information as the commission reasonably requires, together with
2832 the following documents:
2833 (c) If a foreign or alien reciprocal insurer, a copy of the
2834 power of attorney of its attorney in fact and of its
2835 subscribers’ agreement, if any, certified by the attorney in
2836 fact; and, if a domestic reciprocal insurer, the permit
2837 application declaration provided for in s. 629.081.
2838 Reviser’s note.—Amended to conform to s. 15, ch. 2024-182, Laws
2839 of Florida, which replaced references to a declaration in
2840 s. 629.081 with language related to a permit application.
2841 Section 69. Paragraph (c) of subsection (1) of section
2842 624.4213, Florida Statutes, is amended to read:
2843 624.4213 Trade secret documents.—
2844 (1) If any person who is required to submit documents or
2845 other information to the office or department pursuant to the
2846 insurance code or by rule or order of the office, department, or
2847 commission claims that such submission contains a trade secret,
2848 such person may file with the office or department a notice of
2849 trade secret as provided in this section. Failure to do so
2850 constitutes a waiver of any claim by such person that the
2851 document or information is a trade secret.
2852 (c) In submitting a notice of trade secret to the office or
2853 department, the submitting party must include an affidavit
2854 certifying under oath to the truth of the following statements
2855 concerning all documents or information that are claimed to be
2856 trade secrets:
2857 1. ...(I consider/My company considers)... [I consider/My
2858 company considers] this information a trade secret that has
2859 value and provides an advantage or an opportunity to obtain an
2860 advantage over those who do not know or use it.
2861 2. ...(I have/My company has)... [I have/My company has]
2862 taken measures to prevent the disclosure of the information to
2863 anyone other than those who have been selected to have access
2864 for limited purposes, and ...(I intend/my company intends)... [I
2865 intend/my company intends] to continue to take such measures.
2866 3. The information is not, and has not been, reasonably
2867 obtainable without ...(my/our)... [my/our] consent by other
2868 persons by use of legitimate means.
2869 4. The information is not publicly available elsewhere.
2870 Reviser’s note.—Amended to conform to general style in forms.
2871 Section 70. Paragraph (d) of subsection (8) of section
2872 624.424, Florida Statutes, is amended to read:
2873 624.424 Annual statement and other information.—
2874 (8)
2875 (d) Upon creation of the continuing education required
2876 under this paragraph, the certified public accountant who that
2877 prepares the audit must be licensed to practice pursuant to
2878 chapter 473 and must have completed at least 4 hours of
2879 insurance-related continuing education during each 2-year
2880 continuing education cycle. An insurer may not use the same
2881 accountant or partner of an accounting firm responsible for
2882 preparing the report required by this subsection for more than 5
2883 consecutive years. Following this period, the insurer may not
2884 use such accountant or partner for a period of 5 years, but may
2885 use another accountant or partner of the same firm. An insurer
2886 may request the office to waive this prohibition based upon an
2887 unusual hardship to the insurer and a determination that the
2888 accountant is exercising independent judgment that is not unduly
2889 influenced by the insurer considering such factors as the number
2890 of partners, expertise of the partners or the number of
2891 insurance clients of the accounting firm; the premium volume of
2892 the insurer; and the number of jurisdictions in which the
2893 insurer transacts business.
2894 Reviser’s note.—Amended to confirm an editorial substitution to
2895 conform to context.
2896 Section 71. Paragraph (b) of subsection (1) of section
2897 624.470, Florida Statutes, is amended to read:
2898 624.470 Annual reports.—
2899 (1)
2900 (b) For financial statements filed on or after January 1,
2901 1998, future investment income may only be reported as an
2902 admitted asset by an Assessable Mutual or Self-Insurance Fund
2903 which reported future investment income in financial statements
2904 filed with the former Department of Insurance prior to January
2905 1, 1998.
2906 Reviser’s note.—Amended to conform to the fact that the duties
2907 of the Department of Insurance were transferred to the
2908 Department of Financial Services or the Financial Services
2909 Commission by ch. 2002-404, Laws of Florida, effective
2910 January 7, 2003. Section 3, ch. 2003-1, Laws of Florida,
2911 and s. 1978, ch. 2003-261, Laws of Florida, repealed s.
2912 20.13, which created the Department of Insurance.
2913 Section 72. Subsection (3) of section 626.878, Florida
2914 Statutes, is amended to read:
2915 626.878 Rules; code of ethics.—
2916 (3) An adjuster who has had his or her license licensed
2917 revoked or suspended may not participate in any part of an
2918 insurance claim or in the insurance claims adjusting process,
2919 including estimating, completing, filing, negotiating,
2920 appraising, mediating, umpiring, or effecting settlement of a
2921 claim for loss or damage covered under an insurance contract. A
2922 person who provides these services while the person’s license is
2923 revoked or suspended acts as an unlicensed adjuster.
2924 Reviser’s note.—Amended to confirm an editorial substitution to
2925 conform to context.
2926 Section 73. Paragraph (d) of subsection (6) of section
2927 627.410, Florida Statutes, is amended to read:
2928 627.410 Filing, approval of forms.—
2929 (6)
2930 (d) Every filing made pursuant to this subsection, except
2931 disability income policies and accidental death policies, is
2932 prohibited from applying the following rating practices:
2933 1. Select and ultimate premium schedules.
2934 2. Premium class definitions that classify insureds insured
2935 based on year of issue or duration since issue.
2936 3. Attained age premium structures on policy forms under
2937 which more than 50 percent of the policies are issued to persons
2938 age 65 or over.
2939 Reviser’s note.—Amended to conform to context.
2940 Section 74. Subsection (1) of section 629.121, Florida
2941 Statutes, is amended to read:
2942 629.121 Attorney’s bond.—
2943 (1) Concurrently with the filing of the permit application
2944 declaration provided for in s. 629.081, the attorney of a
2945 domestic reciprocal insurer shall file with the office a bond in
2946 favor of this state for the benefit of all persons damaged as a
2947 result of breach by the attorney of the conditions of his or her
2948 bond as set forth in subsection (2). The bond shall be executed
2949 by the attorney and by an authorized corporate surety and shall
2950 be subject to the approval of the office.
2951 Reviser’s note.—Amended to conform to s. 15, ch. 2024-182, Laws
2952 of Florida, which replaced references to a declaration in
2953 s. 629.081 with language related to a permit application.
2954 Section 75. Subsection (9) of section 648.25, Florida
2955 Statutes, is amended to read:
2956 648.25 Definitions.—As used in this chapter, the term:
2957 (9) “Referring bail bond agent” means is the limited surety
2958 agent who is requesting the transfer bond. The referring bail
2959 bond agent is the agent held liable for the transfer bond, along
2960 with the issuing surety company.
2961 Reviser’s note.—Amended to confirm an editorial substitution to
2962 conform to the style used in the section.
2963 Section 76. Paragraph (c) of subsection (1) of section
2964 655.0591, Florida Statutes, is amended to read:
2965 655.0591 Trade secret documents.—
2966 (1) If any person who is required to submit documents or
2967 other information to the office pursuant to the financial
2968 institutions codes, or by rule or order of the office or
2969 commission, claims that such submission contains a trade secret,
2970 such person may file with the office a notice of trade secret
2971 when the information is submitted to the office as provided in
2972 this section. Failure to file such notice constitutes a waiver
2973 of any claim by such person that the document or information is
2974 a trade secret. The notice must provide the contact information
2975 of the person claiming ownership of the trade secret. The person
2976 claiming the trade secret is responsible for updating the
2977 contact information with the office.
2978 (c) In submitting a notice of trade secret to the office or
2979 the Department of Financial Services, the submitting party shall
2980 include an affidavit certifying under oath to the truth of the
2981 following statements concerning all documents or information
2982 that are claimed to be trade secrets:
2983 1. ...(I consider/my company considers)... [...I
2984 consider/my company considers...] this information a trade
2985 secret that has value and provides an advantage or an
2986 opportunity to obtain an advantage over those who do not know or
2987 use it.
2988 2. ...(I have/my company has)... [...I have/my company
2989 has...] taken measures to prevent the disclosure of the
2990 information to anyone other than those who have been selected to
2991 have access for limited purposes, and ...(I intend/my company
2992 intends)... [...I intend/my company intends...] to continue to
2993 take such measures.
2994 3. The information is not, and has not been, reasonably
2995 obtainable without ...(my/our)... [...my/our...] consent by
2996 other persons by use of legitimate means.
2997 4. The information is not publicly available elsewhere.
2998 Reviser’s note.—Amended to conform to general style in forms.
2999 Section 77. Subsection (1) of section 683.06, Florida
3000 Statutes, is amended to read:
3001 683.06 Pascua Florida Day.—
3002 (1) April 2 of each year is hereby designated as “Florida
3003 State Day.” The day is to be known as “Pascua Florida Day.”
3004 Reviser’s note.—Amended to confirm an editorial insertion to
3005 improve sentence structure.
3006 Section 78. Subsection (4) of section 709.2209, Florida
3007 Statutes, is amended to read:
3008 709.2209 Supported decisionmaking agreements.—
3009 (4) A communication made by the principal with the
3010 assistance of or through an agent under a supported
3011 decisionmaking agreement that is within the authority granted to
3012 the agent may be recognized for as a communication of the
3013 principal.
3014 Reviser’s note.—Amended to confirm an editorial deletion to
3015 improve clarity.
3016 Section 79. Subsection (1) of section 715.105, Florida
3017 Statutes, is amended to read:
3018 715.105 Form of notice concerning abandoned property to
3019 former tenant.—
3020 (1) A notice to the former tenant which is in substantially
3021 the following form satisfies the requirements of s. 715.104:
3022
3023 Notice of Right to Reclaim Abandoned Property
3024 To: ...(Name of former tenant)...
3025 ...(Address of former tenant)...
3026 When you vacated the premises at ...(address of premises,
3027 including room or apartment number, if any)..., the following
3028 personal property remained: ...(insert description of personal
3029 property)....
3030 You may claim this property at ...(address where property
3031 may be claimed)....
3032 Unless you pay the reasonable costs of storage and
3033 advertising, if any, for all the above-described property and
3034 take possession of the property which you claim, not later than
3035 ...(insert date not fewer than 10 days after notice is
3036 personally delivered or, if mailed, not fewer than 15 days after
3037 notice is deposited in the mail)..., this property may be
3038 disposed of pursuant to s. 715.109, Florida Statutes.
3039 ...(Insert here the statement required by subsection
3040 (2))...
3041 Dated:.... ...(Signature of landlord)...
3042 ...(Type or print name of landlord)...
3043 ...(Telephone number)...
3044 ...(Address)...
3045 Reviser’s note.—Amended to conform to general style in forms.
3046 Section 80. Subsections (4) and (11) of section 717.101,
3047 Florida Statutes, are amended to read:
3048 717.101 Definitions.—As used in this chapter, unless the
3049 context otherwise requires:
3050 (4) “Audit agent” means a person with whom the department
3051 enters into a contract with to conduct an audit or examination.
3052 The term includes an independent contractor of the person and
3053 each individual participating in the audit on behalf of the
3054 person or contractor.
3055 (11) “Domicile” means the state of incorporation for a
3056 corporation; the state of filing for a business association,
3057 other than a corporation, whose formation or organization
3058 requires a filing with a state; the state of organization for a
3059 business association, other than a corporation, whose formation
3060 or organization does not require a filing with a state; or the
3061 state of home office for a federally charted entity.
3062 Reviser’s note.—Subsection (4) is amended to confirm an
3063 editorial deletion to improve sentence structure.
3064 Subsection (11) is amended to confirm an editorial
3065 insertion to improve clarity.
3066 Section 81. Paragraph (a) of subsection (1) of section
3067 717.1201, Florida Statutes, is amended to read:
3068 717.1201 Custody by state; holder liability; reimbursement
3069 of holder paying claim; reclaiming for owner; payment of safe
3070 deposit box or repository charges.—
3071 (1) Upon the good faith payment or delivery of unclaimed
3072 property to the department, the state assumes custody and
3073 responsibility for the safekeeping of the property. Any person
3074 who pays or delivers unclaimed property to the department in
3075 good faith is relieved of all liability to the extent of the
3076 value of the property paid or delivered for any claim then
3077 existing or which thereafter may arise or be made in respect to
3078 the property.
3079 (a) A holder’s substantial compliance with s. 717.117(6)
3080 and good faith payment or delivery of unclaimed property to the
3081 department releases the holder from liability that may arise
3082 from such payment or delivery, and such delivery and payment may
3083 be pleaded plead as a defense in any suit or action brought by
3084 reason of such delivery or payment. This section does not
3085 relieve a fiduciary of his or her duties under the Florida Trust
3086 Code or Florida Probate Code.
3087 Reviser’s note.—Amended to confirm an editorial substitution to
3088 conform to context.
3089 Section 82. Paragraphs (c) and (f) of subsection (12) of
3090 section 718.111, Florida Statutes, are amended to read:
3091 718.111 The association.—
3092 (12) OFFICIAL RECORDS.—
3093 (c)1.a. The official records of the association are open to
3094 inspection by any association member and any person authorized
3095 by an association member as a representative of such member at
3096 all reasonable times. The right to inspect the records includes
3097 the right to make or obtain copies, at the reasonable expense,
3098 if any, of the member and of the person authorized by the
3099 association member as a representative of such member. A renter
3100 of a unit has a right to inspect and copy only the declaration
3101 of condominium, the association’s bylaws and rules, and the
3102 inspection reports described in ss. 553.899 and 718.301(4)(p).
3103 The association may adopt reasonable rules regarding the
3104 frequency, time, location, notice, and manner of record
3105 inspections and copying but may not require a member to
3106 demonstrate any purpose or state any reason for the inspection.
3107 The failure of an association to provide the records within 10
3108 working days after receipt of a written request creates a
3109 rebuttable presumption that the association willfully failed to
3110 comply with this paragraph. A unit owner who is denied access to
3111 official records is entitled to the actual damages or minimum
3112 damages for the association’s willful failure to comply. Minimum
3113 damages are $50 per calendar day for up to 10 days, beginning on
3114 the 11th working day after receipt of the written request. The
3115 failure to permit inspection entitles any person prevailing in
3116 an enforcement action to recover reasonable attorney fees from
3117 the person in control of the records who, directly or
3118 indirectly, knowingly denied access to the records. If the
3119 requested records are posted on an association’s website, or are
3120 available for download through an application on a mobile
3121 device, the association may fulfill its obligations under this
3122 paragraph by directing to the website or the application all
3123 persons authorized to request access.
3124 b. In response to a written request to inspect records, the
3125 association must simultaneously provide to the requestor a
3126 checklist of all records made available for inspection and
3127 copying. The checklist must also identify any of the
3128 association’s official records that were not made available to
3129 the requestor. An association must maintain a checklist provided
3130 under this sub-subparagraph for 7 years. An association
3131 delivering a checklist pursuant to this sub-subparagraph creates
3132 a rebuttable presumption that the association has complied with
3133 this paragraph.
3134 2. A director or member of the board or association or a
3135 community association manager who knowingly, willfully, and
3136 repeatedly violates subparagraph 1. commits a misdemeanor of the
3137 second degree, punishable as provided in s. 775.082 or s.
3138 775.083, and must be removed from office and a vacancy declared.
3139 For purposes of this subparagraph, the term “repeatedly” means
3140 two or more violations within a 12-month period.
3141 3. Any person who knowingly or intentionally defaces or
3142 destroys accounting records that are required by this chapter to
3143 be maintained during the period for which such records are
3144 required to be maintained, or who knowingly or intentionally
3145 fails to create or maintain accounting records that are required
3146 to be created or maintained, with the intent of causing harm to
3147 the association or one or more of its members, commits a
3148 misdemeanor of the first degree, punishable as provided in s.
3149 775.082 or s. 775.083; is personally subject to a civil penalty
3150 pursuant to s. 718.501(1)(e) 718.501(1)(d); and must be removed
3151 from office and a vacancy declared.
3152 4. A person who willfully and knowingly refuses to release
3153 or otherwise produce association records with the intent to
3154 avoid or escape detection, arrest, trial, or punishment for the
3155 commission of a crime, or to assist another person with such
3156 avoidance or escape, commits a felony of the third degree,
3157 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
3158 and must be removed from office and a vacancy declared.
3159 5. The association shall maintain an adequate number of
3160 copies of the declaration, articles of incorporation, bylaws,
3161 and rules, and all amendments to each of the foregoing, as well
3162 as the question and answer sheet as described in s. 718.504 and
3163 year-end financial information required under this section, on
3164 the condominium property to ensure their availability to unit
3165 owners and prospective purchasers, and may charge its actual
3166 costs for preparing and furnishing these documents to those
3167 requesting the documents. An association shall allow a member or
3168 his or her authorized representative to use a portable device,
3169 including a smartphone, tablet, portable scanner, or any other
3170 technology capable of scanning or taking photographs, to make an
3171 electronic copy of the official records in lieu of the
3172 association’s providing the member or his or her authorized
3173 representative with a copy of such records. The association may
3174 not charge a member or his or her authorized representative for
3175 the use of a portable device. Notwithstanding this paragraph,
3176 the following records are not accessible to unit owners:
3177 a. Any record protected by the lawyer-client privilege as
3178 described in s. 90.502 and any record protected by the work
3179 product privilege, including a record prepared by an association
3180 attorney or prepared at the attorney’s express direction, which
3181 reflects a mental impression, conclusion, litigation strategy,
3182 or legal theory of the attorney or the association, and which
3183 was prepared exclusively for civil or criminal litigation or for
3184 adversarial administrative proceedings, or which was prepared in
3185 anticipation of such litigation or proceedings until the
3186 conclusion of the litigation or proceedings.
3187 b. Information obtained by an association in connection
3188 with the approval of the lease, sale, or other transfer of a
3189 unit.
3190 c. Personnel records of association or management company
3191 employees, including, but not limited to, disciplinary, payroll,
3192 health, and insurance records. For purposes of this sub
3193 subparagraph, the term “personnel records” does not include
3194 written employment agreements with an association employee or
3195 management company, or budgetary or financial records that
3196 indicate the compensation paid to an association employee.
3197 d. Medical records of unit owners.
3198 e. Social security numbers, driver license numbers, credit
3199 card numbers, e-mail addresses, telephone numbers, facsimile
3200 numbers, emergency contact information, addresses of a unit
3201 owner other than as provided to fulfill the association’s notice
3202 requirements, and other personal identifying information of any
3203 person, excluding the person’s name, unit designation, mailing
3204 address, property address, and any address, e-mail address, or
3205 facsimile number provided to the association to fulfill the
3206 association’s notice requirements. Notwithstanding the
3207 restrictions in this sub-subparagraph, an association may print
3208 and distribute to unit owners a directory containing the name,
3209 unit address, and all telephone numbers of each unit owner.
3210 However, an owner may exclude his or her telephone numbers from
3211 the directory by so requesting in writing to the association. An
3212 owner may consent in writing to the disclosure of other contact
3213 information described in this sub-subparagraph. The association
3214 is not liable for the inadvertent disclosure of information that
3215 is protected under this sub-subparagraph if the information is
3216 included in an official record of the association and is
3217 voluntarily provided by an owner and not requested by the
3218 association.
3219 f. Electronic security measures that are used by the
3220 association to safeguard data, including passwords.
3221 g. The software and operating system used by the
3222 association which allow the manipulation of data, even if the
3223 owner owns a copy of the same software used by the association.
3224 The data is part of the official records of the association.
3225 h. All affirmative acknowledgments made pursuant to s.
3226 718.121(4)(c).
3227 (f) An outgoing board or committee member must relinquish
3228 all official records and property of the association in his or
3229 her possession or under his or her control to the incoming board
3230 within 5 days after the election. The division shall impose a
3231 civil penalty as set forth in s. 718.501(1)(e)6. 718.501(1)(d)6.
3232 against an outgoing board or committee member who willfully and
3233 knowingly fails to relinquish such records and property.
3234 Reviser’s note.—Amended to correct cross-references to conform
3235 to the redesignation of s. 718.501(1)(d) as s.
3236 718.501(1)(e) by s. 21, ch. 2024-244, Laws of Florida.
3237 Section 83. Paragraph (c) of subsection (4) of section
3238 719.108, Florida Statutes, is amended to read:
3239 719.108 Rents and assessments; liability; lien and
3240 priority; interest; collection; cooperative ownership.—
3241 (4) The association has a lien on each cooperative parcel
3242 for any unpaid rents and assessments, plus interest, and any
3243 administrative late fees. If authorized by the cooperative
3244 documents, the lien also secures reasonable attorney fees
3245 incurred by the association incident to the collection of the
3246 rents and assessments or enforcement of such lien. The lien is
3247 effective from and after recording a claim of lien in the public
3248 records in the county in which the cooperative parcel is located
3249 which states the description of the cooperative parcel, the name
3250 of the unit owner, the amount due, and the due dates. Except as
3251 otherwise provided in this chapter, a lien may not be filed by
3252 the association against a cooperative parcel until 45 days after
3253 the date on which a notice of intent to file a lien has been
3254 delivered to the owner.
3255 (c) By recording a notice in substantially the following
3256 form, a unit owner or the unit owner’s agent or attorney may
3257 require the association to enforce a recorded claim of lien
3258 against his or her cooperative parcel:
3259
3260 NOTICE OF CONTEST OF LIEN
3261
3262 TO: ...(Name and address of association)...:
3263
3264 You are notified that the undersigned contests the
3265 claim of lien filed by you on ...., ...(year)..., and
3266 recorded in Official Records Book .... at Page ....,
3267 of the public records of .... County, Florida, and
3268 that the time within which you may file suit to
3269 enforce your lien is limited to 90 days from the date
3270 of service of this notice. Executed this .... day of
3271 ...., ...(year)....
3272 Signed: ...(Owner or Attorney)...
3273
3274 After notice of contest of lien has been recorded, the clerk of
3275 the circuit court shall mail a copy of the recorded notice to
3276 the association by certified mail, return receipt requested, at
3277 the address shown in the claim of lien or most recent amendment
3278 to it and shall certify to the service on the face of the
3279 notice. Service is complete upon mailing. After service, the
3280 association has 90 days in which to file an action to enforce
3281 the lien. If the action is not filed within the 90-day period,
3282 the lien is void. However, the 90-day period shall be extended
3283 for any length of time during which the association is prevented
3284 from filing its action because of an automatic stay resulting
3285 from the filing of a bankruptcy petition by the unit owner or by
3286 any other person claiming an interest in the parcel.
3287 Reviser’s note.—Amended to remove extraneous punctuation.
3288 Section 84. Subsection (1) of section 720.303, Florida
3289 Statutes, is amended to read:
3290 720.303 Association powers and duties; meetings of board;
3291 official records; budgets; financial reporting; association
3292 funds; recalls.—
3293 (1) POWERS AND DUTIES.—An association that operates a
3294 community as defined in s. 720.301 must be operated by an
3295 association that is a Florida corporation. After October 1,
3296 1995, the association must be incorporated and the initial
3297 governing documents must be recorded in the official records of
3298 the county in which the community is located. An association may
3299 operate more than one community. The officers and directors of
3300 an association are subject to s. 617.0830 and have a fiduciary
3301 relationship to the members who are served by the association.
3302 The powers and duties of an association include those set forth
3303 in this chapter and, except as expressly limited or restricted
3304 in this chapter, those set forth in the governing documents.
3305 After control of the association is obtained by members other
3306 than the developer, the association may institute, maintain,
3307 settle, or appeal actions or hearings in its name on behalf of
3308 all members concerning matters of common interest to the
3309 members, including, but not limited to, the common areas; roof
3310 or structural components of a building, or other improvements
3311 for which the association is responsible; mechanical,
3312 electrical, or plumbing elements serving an improvement or
3313 building for which the association is responsible;
3314 representations of the developer pertaining to any existing or
3315 proposed commonly used facility; and protest of protesting ad
3316 valorem taxes on commonly used facilities. The association may
3317 defend actions in eminent domain or bring inverse condemnation
3318 actions. Before commencing litigation against any party in the
3319 name of the association involving amounts in controversy in
3320 excess of $100,000, the association must obtain the affirmative
3321 approval of a majority of the voting interests at a meeting of
3322 the membership at which a quorum has been attained. This
3323 subsection does not limit any statutory or common-law right of
3324 any individual member or class of members to bring any action
3325 without participation by the association. A member does not have
3326 authority to act for the association by virtue of being a
3327 member. An association may have more than one class of members
3328 and may issue membership certificates. An association of 15 or
3329 fewer parcel owners may enforce only the requirements of those
3330 deed restrictions established prior to the purchase of each
3331 parcel upon an affected parcel owner or owners.
3332 Reviser’s note.—Amended to improve clarity.
3333 Section 85. Paragraph (a) of subsection (1) of section
3334 720.3033, Florida Statutes, is amended to read:
3335 720.3033 Officers and directors.—
3336 (1)(a) Within 90 days after being elected or appointed to
3337 the board, each director must submit a certificate of having
3338 satisfactorily completed the educational curriculum administered
3339 by a department-approved education provider.
3340 1. The newly elected or appointed director must complete
3341 the department-approved education for newly elected or appointed
3342 directors within 90 days after being elected or appointed.
3343 2. The certificate of completion is valid for a up to 4
3344 years.
3345 3. A director must complete the education specific to newly
3346 elected or appointed directors at least every 4 years.
3347 4. The department-approved educational curriculum specific
3348 to newly elected or appointed directors must include training
3349 relating to financial literacy and transparency, recordkeeping,
3350 levying of fines, and notice and meeting requirements.
3351 5. In addition to the educational curriculum specific to
3352 newly elected or appointed directors:
3353 a. A director of an association that has fewer than 2,500
3354 parcels must complete at least 4 hours of continuing education
3355 annually.
3356 b. A director of an association that has 2,500 parcels or
3357 more must complete at least 8 hours of continuing education
3358 annually.
3359 Reviser’s note.—Amended to confirm an editorial deletion to
3360 improve clarity.
3361 Section 86. Paragraph (d) of subsection (3) of section
3362 720.3075, Florida Statutes, is amended to read:
3363 720.3075 Prohibited clauses in association documents.—
3364 (3) Homeowners’ association documents, including
3365 declarations of covenants, articles of incorporation, or bylaws,
3366 may not preclude:
3367 (d) A property owner or a tenant, a guest, or an invitee of
3368 the property owner from parking his or her personal vehicle,
3369 including a pickup truck, in the property owner’s driveway, or
3370 in any other area in at which the property owner or the property
3371 owner’s tenant, guest, or invitee has a right to park as
3372 governed by state, county, and municipal regulations. The
3373 homeowners’ association documents, including declarations of
3374 covenants, articles of incorporation, or bylaws, may not
3375 prohibit, regardless of any official insignia or visible
3376 designation, a property owner or a tenant, a guest, or an
3377 invitee of the property owner from parking his or her work
3378 vehicle, which is not a commercial motor vehicle as defined in
3379 s. 320.01(25), in the property owner’s driveway.
3380 Reviser’s note.—Amended to confirm an editorial substitution to
3381 conform to context.
3382 Section 87. Subsection (3) of section 738.505, Florida
3383 Statutes, is amended to read:
3384 738.505 Reimbursement of principal from income.—
3385 (3) If an asset whose ownership gives rise to a principal
3386 disbursement becomes subject to a successive interest after an
3387 income interest ends, the fiduciary may to make transfers under
3388 subsection (1).
3389 Reviser’s note.—Amended to confirm an editorial deletion to
3390 improve clarity.
3391 Section 88. Paragraph (a) of subsection (1) of section
3392 812.141, Florida Statutes, is amended to read:
3393 812.141 Offenses involving critical infrastructure;
3394 improper tampering; civil remedies; trespass on critical
3395 infrastructure; computer offenses involving critical
3396 infrastructure.—
3397 (1) For purposes of this section, the term:
3398 (a) “Critical infrastructure” means:
3399 1. Any linear asset; or
3400 2. Any of the following for which the owner or operator
3401 thereof has employed measures designed to exclude unauthorized
3402 persons, including, but not limited to, fences, barriers, guard
3403 posts, or signs prohibiting trespass:
3404 a. An electric power generation, transmission, or
3405 distribution facility, or a substation, a switching station, or
3406 an electrical control center.
3407 b. A chemical or rubber manufacturing or storage facility.
3408 c. A mining facility.
3409 d. A natural gas or compressed gas compressor station or
3410 storage facility.
3411 e. A gas processing plant, including a plant used in the
3412 processing, treatment, or fractionation of natural gas.
3413 f. A liquid natural gas or propane gas terminal or storage
3414 facility with a capacity of 4,000 gallons or more.
3415 g. A wireless or wired communications facility, including
3416 the tower, antennas antennae, support structures, and all
3417 associated ground-based equipment.
3418 h. A water intake structure, water treatment facility,
3419 wastewater treatment plant, pump station, or lift station.
3420 i. A seaport listed in s. 311.09.
3421 j. A railroad switching yard, trucking terminal, or other
3422 freight transportation facility.
3423 k. An airport as defined in s. 330.27.
3424 l. A spaceport territory as defined in s. 331.303.
3425 m. A transmission facility used by a federally licensed
3426 radio or television station.
3427 n. A military base or military facility conducting research
3428 and development of military weapons systems, subsystems,
3429 components, or parts.
3430 o. A civilian defense industrial base conducting research
3431 and development of military weapons systems, subsystems,
3432 components, or parts.
3433 p. A dam as defined in s. 373.403(1), or other water
3434 control structures such as locks, floodgates, or dikes that are
3435 designed to maintain or control the level of navigable
3436 waterways.
3437 Reviser’s note.—Amended to conform to the general usage of
3438 “antennas” when referencing transducers and “antennae” when
3439 referencing insect parts.
3440 Section 89. Paragraph (b) of subsection (1) of section
3441 828.30, Florida Statutes, is amended to read:
3442 828.30 Rabies vaccination of dogs, cats, and ferrets.—
3443 (1)
3444 (b) Acting under the indirect supervision of a
3445 veterinarian, an employee, an agent, or a contractor of a county
3446 or municipal animal control authority or sheriff may vaccinate
3447 against rabies dogs, cats, and ferrets that are in the custody
3448 of an animal control authority or a sheriff and which that will
3449 be transferred, rescued, fostered, adopted, or reclaimed by the
3450 owner. The supervising veterinarian assumes responsibility for
3451 any person vaccinating animals at his or her direction or under
3452 his or her direct or indirect supervision. As used in this
3453 paragraph, the term “indirect supervision” means that the
3454 supervising veterinarian is required to be available for
3455 consultation through telecommunications but is not required to
3456 be physically present during such consultation.
3457 Reviser’s note.—Amended to confirm an editorial insertion and an
3458 editorial substitution to improve clarity.
3459 Section 90. Subsection (8) of section 895.02, Florida
3460 Statutes, as amended by section 12 of chapter 2025-1, Laws of
3461 Florida, is reenacted to read:
3462 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
3463 (8) “Racketeering activity” means to commit, to attempt to
3464 commit, to conspire to commit, or to solicit, coerce, or
3465 intimidate another person to commit:
3466 (a) Any crime that is chargeable by petition, indictment,
3467 or information under the following provisions of the Florida
3468 Statutes:
3469 1. Section 104.155(2), relating to aiding or soliciting a
3470 noncitizen in voting.
3471 2. Section 210.18, relating to evasion of payment of
3472 cigarette taxes.
3473 3. Section 316.1935, relating to fleeing or attempting to
3474 elude a law enforcement officer and aggravated fleeing or
3475 eluding.
3476 4. Chapter 379, relating to the illegal sale, purchase,
3477 collection, harvest, capture, or possession of wild animal life,
3478 freshwater aquatic life, or marine life, and related crimes.
3479 5. Section 403.727(3)(b), relating to environmental
3480 control.
3481 6. Section 409.920 or s. 409.9201, relating to Medicaid
3482 fraud.
3483 7. Section 414.39, relating to public assistance fraud.
3484 8. Section 440.105 or s. 440.106, relating to workers’
3485 compensation.
3486 9. Section 443.071(4), relating to creation of a fictitious
3487 employer scheme to commit reemployment assistance fraud.
3488 10. Section 465.0161, relating to distribution of medicinal
3489 drugs without a permit as an Internet pharmacy.
3490 11. Section 499.0051, relating to crimes involving
3491 contraband, adulterated, or misbranded drugs.
3492 12. Part IV of chapter 501, relating to telemarketing.
3493 13. Chapter 517, relating to sale of securities and
3494 investor protection.
3495 14. Section 550.235 or s. 550.3551, relating to dogracing
3496 and horseracing.
3497 15. Chapter 550, relating to jai alai frontons.
3498 16. Section 551.109, relating to slot machine gaming.
3499 17. Chapter 552, relating to the manufacture, distribution,
3500 and use of explosives.
3501 18. Chapter 560, relating to money transmitters, if the
3502 violation is punishable as a felony.
3503 19. Chapter 562, relating to beverage law enforcement.
3504 20. Section 624.401, relating to transacting insurance
3505 without a certificate of authority, s. 624.437(4)(c)1., relating
3506 to operating an unauthorized multiple-employer welfare
3507 arrangement, or s. 626.902(1)(b), relating to representing or
3508 aiding an unauthorized insurer.
3509 21. Section 655.50, relating to reports of currency
3510 transactions, when such violation is punishable as a felony.
3511 22. Chapter 687, relating to interest and usurious
3512 practices.
3513 23. Section 721.08, s. 721.09, or s. 721.13, relating to
3514 real estate timeshare plans.
3515 24. Section 775.13(5)(b), relating to registration of
3516 persons found to have committed any offense for the purpose of
3517 benefiting, promoting, or furthering the interests of a criminal
3518 gang.
3519 25. Section 777.03, relating to commission of crimes by
3520 accessories after the fact.
3521 26. Chapter 782, relating to homicide.
3522 27. Chapter 784, relating to assault and battery.
3523 28. Chapter 787, relating to kidnapping, human smuggling,
3524 or human trafficking.
3525 29. Chapter 790, relating to weapons and firearms.
3526 30. Chapter 794, relating to sexual battery, but only if
3527 such crime was committed with the intent to benefit, promote, or
3528 further the interests of a criminal gang, or for the purpose of
3529 increasing a criminal gang member’s own standing or position
3530 within a criminal gang.
3531 31. Former s. 796.03, former s. 796.035, s. 796.04, s.
3532 796.05, or s. 796.07, relating to prostitution.
3533 32. Chapter 806, relating to arson and criminal mischief.
3534 33. Chapter 810, relating to burglary and trespass.
3535 34. Chapter 812, relating to theft, robbery, and related
3536 crimes.
3537 35. Chapter 815, relating to computer-related crimes.
3538 36. Chapter 817, relating to fraudulent practices, false
3539 pretenses, fraud generally, credit card crimes, and patient
3540 brokering.
3541 37. Chapter 825, relating to abuse, neglect, or
3542 exploitation of an elderly person or disabled adult.
3543 38. Section 827.071, relating to commercial sexual
3544 exploitation of children.
3545 39. Section 828.122, relating to fighting or baiting
3546 animals.
3547 40. Chapter 831, relating to forgery and counterfeiting.
3548 41. Chapter 832, relating to issuance of worthless checks
3549 and drafts.
3550 42. Section 836.05, relating to extortion.
3551 43. Chapter 837, relating to perjury.
3552 44. Chapter 838, relating to bribery and misuse of public
3553 office.
3554 45. Chapter 843, relating to obstruction of justice.
3555 46. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
3556 s. 847.07, relating to obscene literature and profanity.
3557 47. Chapter 849, relating to gambling, lottery, gambling or
3558 gaming devices, slot machines, or any of the provisions within
3559 that chapter.
3560 48. Chapter 874, relating to criminal gangs.
3561 49. Chapter 893, relating to drug abuse prevention and
3562 control.
3563 50. Chapter 896, relating to offenses related to financial
3564 transactions.
3565 51. Sections 914.22 and 914.23, relating to tampering with
3566 or harassing a witness, victim, or informant, and retaliation
3567 against a witness, victim, or informant.
3568 52. Sections 918.12 and 918.13, relating to tampering with
3569 jurors and evidence.
3570 (b) Any conduct defined as “racketeering activity” under 18
3571 U.S.C. s. 1961(1).
3572 (c) Any violation of Title 68, Florida Administrative Code,
3573 relating to the illegal sale, purchase, collection, harvest,
3574 capture, or possession of wild animal life, freshwater aquatic
3575 life, or marine life, and related crimes.
3576 Reviser’s note.—Section 12, ch. 2025-1, Laws of Florida,
3577 purported to amend subsection (8), without publishing
3578 paragraphs (b) and (c). Absent affirmative evidence of
3579 legislative intent to repeal the omitted paragraphs,
3580 subsection (8) is reenacted here to confirm that the
3581 omission was not intended.
3582 Section 91. Paragraph (e) of subsection (3) of section
3583 921.0022, Florida Statutes, is amended to read:
3584 921.0022 Criminal Punishment Code; offense severity ranking
3585 chart.—
3586 (3) OFFENSE SEVERITY RANKING CHART
3587 (e) LEVEL 5
3588
3589 FloridaStatute FelonyDegree Description
3590 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
3591 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
3592 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
3593 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
3594 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
3595 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
3596 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
3597 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
3598 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
3599 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
3600 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
3601 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
3602 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
3603 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
3604 790.01(3) 3rd Unlawful carrying of a concealed firearm.
3605 790.162 2nd Threat to throw or discharge destructive device.
3606 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
3607 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
3608 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
3609 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
3610 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
3611 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
3612 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
3613 810.145(4) 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
3614 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
3615 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
3616 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
3617 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
3618 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
3619 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
3620 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
3621 812.019(1) 2nd Stolen property; dealing in or trafficking in.
3622 812.081(3) 2nd Trafficking in trade secrets.
3623 812.131(2)(b) 3rd Robbery by sudden snatching.
3624 812.16(2) 3rd Owning, operating, or conducting a chop shop.
3625 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
3626 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
3627 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
3628 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
3629 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
3630 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
3631 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
3632 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
3633 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
3634 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
3635 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
3636 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
3637 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
3638 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
3639 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
3640 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
3641 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
3642 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
3643 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
3644 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
3645 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
3646 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
3647 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
3648 Reviser’s note.—Amended to correct a cross-reference to conform
3649 to the redesignation by the editors of s. 810.145(4)(c) as
3650 a reversion.
3651 Section 92. Subsection (2) of section 938.10, Florida
3652 Statutes, is amended to read:
3653 938.10 Additional court cost imposed in cases of certain
3654 crimes.—
3655 (2) Each month the clerk of the court shall transfer $50
3656 from the proceeds of the court cost to the Department of Revenue
3657 for deposit into the Department of Children and Families’ Grants
3658 and Donations Trust Fund for disbursement to the Statewide
3659 Guardian ad Litem Office Office of the Statewide Guardian Ad
3660 Litem and $100 to the Department of Revenue for deposit into the
3661 Department of Children and Families’ Grants and Donations Trust
3662 Fund for disbursement to the Florida Network of Children’s
3663 Advocacy Centers, Inc., for the purpose of funding children’s
3664 advocacy centers that are members of the network. The clerk
3665 shall retain $1 from each sum collected as a service charge.
3666 Reviser’s note.—Amended to confirm an editorial substitution to
3667 conform to the correct name of the office.
3668 Section 93. Paragraph (d) of subsection (7) of section
3669 985.433, Florida Statutes, is amended to read:
3670 985.433 Disposition hearings in delinquency cases.—When a
3671 child has been found to have committed a delinquent act, the
3672 following procedures shall be applicable to the disposition of
3673 the case:
3674 (7) If the court determines that the child should be
3675 adjudicated as having committed a delinquent act and should be
3676 committed to the department, such determination shall be in
3677 writing or on the record of the hearing. The determination shall
3678 include a specific finding of the reasons for the decision to
3679 adjudicate and to commit the child to the department, including
3680 any determination that the child was a member of a criminal
3681 gang.
3682 (d) Any child adjudicated by the court and committed to the
3683 department under a restrictiveness level described in s.
3684 985.03(44)(a)-(c) 985.03(44)(a)-(d) for any offense or attempted
3685 offense involving a firearm must be placed on conditional
3686 release, as defined in s. 985.03, for a period of 1 year
3687 following his or her release from a commitment program. Such
3688 term of conditional release shall include electronic monitoring
3689 of the child by the department for the initial 6 months
3690 following his or her release and at times and under terms and
3691 conditions set by the department.
3692 Reviser’s note.—Amended to correct a cross-reference. Section 9,
3693 ch. 2024-133, Laws of Florida, deleted s. 985.03(44)(a) and
3694 redesignated paragraphs (b)-(d) as paragraphs (a)-(c).
3695 Section 94. Paragraph (c) of subsection (2) of section
3696 1001.372, Florida Statutes, is amended to read:
3697 1001.372 District school board meetings.—
3698 (2) PLACE OF MEETINGS.—
3699 (c) For the purpose of this section, due public notice
3700 shall consist of, at least 2 days prior to the meeting:
3701 continuous publication on a publicly accessible website as
3702 provided in s. 50.0311 or the official district school board
3703 website; by publication in a newspaper of general circulation in
3704 the county, or in each county where there is no newspaper of
3705 general circulation in the county, an announcement over at least
3706 one radio station whose signal is generally received in the
3707 county, a reasonable number of times daily during the 48 hours
3708 immediately preceding the date of such meeting; or by posting a
3709 notice at the courthouse door if no newspaper is published in
3710 the county.
3711 Reviser’s note.—Amended to confirm editorial deletions to
3712 conform to context.
3713 Section 95. Subsection (3) of section 1001.47, Florida
3714 Statutes, is amended to read:
3715 1001.47 District school superintendent; salary.—
3716 (3) The adjusted base salaries of elected district school
3717 superintendents shall be increased annually as provided for in
3718 s. 145.19. Any salary previously paid to elected
3719 superintendents, including the salary calculated for fiscal
3720 years 2002-2003 and 2003-2004, which was consistent with chapter
3721 145 and s. 230.303, Florida Statutes (2001), is hereby ratified
3722 and validated.
3723 Reviser’s note.—Amended to delete obsolete language.
3724 Section 96. Subsection (9) of section 1001.706, Florida
3725 Statutes, is amended to read:
3726 1001.706 Powers and duties of the Board of Governors.—
3727 (9) COOPERATION WITH OTHER BOARDS.—The Board of Governors
3728 shall implement a plan for working on a regular basis with the
3729 State Board of Education, the Commission for Independent
3730 Education, the Office of Reimagining Education and Career Help
3731 Florida Talent Development Council, the Articulation
3732 Coordinating Committee, the university boards of trustees,
3733 representatives of the Florida College System institution boards
3734 of trustees, representatives of the private colleges and
3735 universities, and representatives of the district school boards
3736 to achieve a seamless education system.
3737 Reviser’s note.—Amended to conform to the fact that s. 1004.015,
3738 which created the Florida Talent Development Council, was
3739 repealed by s. 9, ch. 2024-125, Laws of Florida. The duties
3740 of the former Florida Talent Development Council now fall
3741 under the purview of the Office of Reimagining Education
3742 and Career Help per the revision of its duties by s. 1, ch.
3743 2024-125.
3744 Section 97. Paragraph (b) of subsection (17) of section
3745 1002.33, Florida Statutes, is amended to read:
3746 1002.33 Charter schools.—
3747 (17) FUNDING.—Students enrolled in a charter school,
3748 regardless of the sponsorship, shall be funded based upon the
3749 applicable program pursuant to s. 1011.62(1)(c), the same as
3750 students enrolled in other public schools in a school district.
3751 Funding for a charter lab school shall be as provided in s.
3752 1002.32.
3753 (b)1. Funding for students enrolled in a charter school
3754 sponsored by a school district shall be the sum of the school
3755 district’s operating funds from the Florida Education Finance
3756 Program as defined in s. 1011.61(5) and the General
3757 Appropriations Act, including gross state and local funds, and
3758 funds from the school district’s current operating discretionary
3759 millage levy; divided by total funded weighted full-time
3760 equivalent students in the school district; and multiplied by
3761 the weighted full-time equivalent students for the charter
3762 school. Charter schools whose students or programs meet the
3763 eligibility criteria in law are entitled to their proportionate
3764 share of categorical program funds included in the total funds
3765 available in the Florida Education Finance Program by the
3766 Legislature, including the student transportation allocation and
3767 the educational enrichment allocation. Total funding for each
3768 charter school shall be recalculated during the year to reflect
3769 the revised calculations under the Florida Education Finance
3770 Program by the state and the actual weighted full-time
3771 equivalent students reported by the charter school during the
3772 full-time equivalent student survey periods designated by the
3773 Commissioner of Education. For charter schools operated by a
3774 not-for-profit or municipal entity, any unrestricted current and
3775 capital assets identified in the charter school’s annual
3776 financial audit may be used for other charter schools operated
3777 by the not-for-profit or municipal entity within the school
3778 district. For charter schools operated by a not-for-profit
3779 entity, any unrestricted current or capital assets identified in
3780 the charter school’s annual audit may be used for other charter
3781 schools operated by the not-for-profit entity which are located
3782 outside of the originating charter school’s school district, but
3783 within the state, through an unforgivable loan that must be
3784 repaid within 5 years to the originating charter school by the
3785 receiving charter school. Unrestricted current assets shall be
3786 used in accordance with s. 1011.62, and any unrestricted capital
3787 assets shall be used in accordance with s. 1013.62(2).
3788 2.a. Funding for students enrolled in a charter school
3789 sponsored by a state university or Florida College System
3790 institution pursuant to paragraph (5)(a) shall be provided in
3791 the Florida Education Finance Program as defined in s.
3792 1011.61(5) and as specified in the General Appropriations Act.
3793 The calculation to determine the amount of state funds includes
3794 the sum of the basic amount for current operations established
3795 in s. 1011.62(1)(s), the discretionary millage compression
3796 supplement established in s. 1011.62(5), and the state-funded
3797 discretionary contribution established in s. 1011.62(6). Charter
3798 schools whose students or programs meet the eligibility criteria
3799 in law are entitled to their proportionate share of categorical
3800 program funds included in the total funds available in the
3801 Florida Education Finance Program. The Florida College System
3802 institution or state university sponsoring the charter school
3803 shall be the fiscal agent for these funds, and all rules of the
3804 institution governing the budgeting and expenditure of state
3805 funds shall apply to these funds unless otherwise provided by
3806 law or rule of the State Board of Education.
3807 (I) The nonvoted required local millage established
3808 pursuant to s. 1011.71(1) that would otherwise be required for
3809 the charter schools shall be allocated from state funds.
3810 (II) An equivalent amount of funds for the operating
3811 discretionary millage authorized pursuant to s. 1011.71(1) shall
3812 be allocated to each charter school through a state-funded
3813 discretionary contribution established pursuant to s.
3814 1011.62(6).
3815 (III) The comparable wage factor as provided in s.
3816 1011.62(2) shall be established as 1.000.
3817 b. Total funding for each charter school shall be
3818 recalculated during the year to reflect the revised calculations
3819 under the Florida Education Finance Program by the state and the
3820 actual weighted full-time equivalent students reported by the
3821 charter school during the full-time equivalent student survey
3822 periods designated by the Commissioner of Education.
3823 c. The Department of Education shall develop a tool that
3824 each state university or Florida College System institution
3825 sponsoring a charter school shall use for purposes of
3826 calculating the funding amount for each eligible charter school
3827 student. The total amount obtained from the calculation must be
3828 appropriated from state funds in the General Appropriations Act
3829 to the charter school.
3830 d. Capital outlay funding for a charter school sponsored by
3831 a state university or Florida College System institution
3832 pursuant to paragraph (5)(a) is determined as follows: multiply
3833 the maximum allowable nonvoted discretionary millage under s.
3834 1011.71(2) by 96 percent of the current year’s taxable value for
3835 school purposes for the district in which the charter school is
3836 located; divide the result by the total full-time equivalent
3837 student membership; and multiply the result by the full-time
3838 equivalent student membership of the charter school. The amount
3839 obtained shall be the discretionary capital improvement funds
3840 and shall be appropriated from state funds in the General
3841 Appropriations Act.
3842 Reviser’s note.—Amended to confirm an editorial insertion to
3843 improve clarity.
3844 Section 98. Paragraph (c) of subsection (6), paragraph (b)
3845 of subsection (9), and paragraph (b) of subsection (10) of
3846 section 1002.394, Florida Statutes, are amended to read:
3847 1002.394 The Family Empowerment Scholarship Program.—
3848 (6) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
3849 a Family Empowerment Scholarship while he or she is:
3850 (c) Receiving any other educational scholarship pursuant to
3851 this chapter. However, an eligible public school student
3852 receiving a scholarship under s. 1002.411 may receive a stipend
3853 scholarship for transportation pursuant to s. 1002.31(7)
3854 subparagraph (4)(a)2.;
3855 (9) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—To be
3856 eligible to participate in the Family Empowerment Scholarship
3857 Program, a private school may be sectarian or nonsectarian and
3858 must:
3859 (b) Provide to the organization all documentation required
3860 for a student’s participation, including confirmation of the
3861 student’s admission to the private school, the private school’s
3862 and student’s fee schedules, and any other information required
3863 by the organization to process scholarship payment under
3864 subparagraph (12)(a)3. (12)(a)4. Such information must be
3865 provided by the deadlines established by the organization and in
3866 accordance with the requirements of this section. A student is
3867 not eligible to receive a quarterly scholarship payment if the
3868 private school fails to meet the deadline.
3869
3870 If a private school fails to meet the requirements of this
3871 subsection or s. 1002.421, the commissioner may determine that
3872 the private school is ineligible to participate in the
3873 scholarship program.
3874 (10) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
3875 PARTICIPATION.—
3876 (b) A parent who applies for a scholarship under paragraph
3877 (3)(b) is exercising his or her parental option to determine the
3878 appropriate placement or the services that best meet the needs
3879 of his or her child and must:
3880 1. Apply to an eligible nonprofit scholarship-funding
3881 organization to participate in the program by a date set by the
3882 organization. The request must be communicated directly to the
3883 organization in a manner that creates a written or electronic
3884 record of the request and the date of receipt of the request.
3885 2.a. Beginning with new applications for the 2025-2026
3886 school year and thereafter, notify the organization by December
3887 15 that the scholarship is being accepted or declined.
3888 b. Beginning with renewal applications for the 2025-2026
3889 school year and thereafter, notify the organization by May 31
3890 that the scholarship is being renewed or declined.
3891 3. Sign an agreement with the organization and annually
3892 submit a sworn compliance statement to the organization to
3893 satisfy or maintain program eligibility, including eligibility
3894 to receive and spend program payments by:
3895 a. Affirming that the student is enrolled in a program that
3896 meets regular school attendance requirements as provided in s.
3897 1003.01(16)(b), (c), or (d).
3898 b. Affirming that the program funds are used only for
3899 authorized purposes serving the student’s educational needs, as
3900 described in paragraph (4)(b); that any prepaid college plan or
3901 college savings plan funds contributed pursuant to subparagraph
3902 (4)(b)6. will not be transferred to another beneficiary while
3903 the plan contains funds contributed pursuant to this section;
3904 and that they will not receive a payment, refund, or rebate of
3905 any funds provided under this section.
3906 c. Affirming that the parent is responsible for all
3907 eligible expenses in excess of the amount of the scholarship and
3908 for the education of his or her student by, as applicable:
3909 (I) Requiring the student to take an assessment in
3910 accordance with paragraph (9)(c);
3911 (II) Providing an annual evaluation in accordance with s.
3912 1002.41(1)(f); or
3913 (III) Requiring the child to take any preassessments and
3914 postassessments selected by the provider if the child is 4 years
3915 of age and is enrolled in a program provided by an eligible
3916 Voluntary Prekindergarten Education Program provider. A student
3917 with disabilities for whom the physician or psychologist who
3918 issued the diagnosis or the IEP team determines that a
3919 preassessment and postassessment is not appropriate is exempt
3920 from this requirement. A participating provider shall report a
3921 student’s scores to the parent.
3922 d. Affirming that the student remains in good standing with
3923 the provider or school if those options are selected by the
3924 parent.
3925 e. Enrolling his or her child in a program from a Voluntary
3926 Prekindergarten Education Program provider authorized under s.
3927 1002.55, a school readiness provider authorized under s.
3928 1002.88, a prekindergarten program offered by an eligible
3929 private school, or an eligible private school if selected by the
3930 parent.
3931 f. Comply with the scholarship application and renewal
3932 processes and requirements established by the organization. A
3933 student whose participation in the program is not renewed may
3934 continue to spend scholarship funds that are in his or her
3935 account from prior years unless the account must be closed
3936 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to
3937 the student’s IEP, a student who was previously eligible for
3938 participation in the program shall remain eligible to apply for
3939 renewal. However, for a high-risk child to continue to
3940 participate in the program in the school year after he or she
3941 reaches 6 years of age, the child’s application for renewal of
3942 program participation must contain documentation that the child
3943 has a disability defined in paragraph (2)(e) other than high
3944 risk status.
3945 g. Procuring the services necessary to educate the student.
3946 If such services include enrollment in an eligible private
3947 school, the parent must meet with the private school’s principal
3948 or the principal’s designee to review the school’s academic
3949 programs and policies, specialized services, code of student
3950 conduct, and attendance policies before his or her student is
3951 enrolled. The parent must also approve each payment to the
3952 eligible private school before the scholarship funds may be
3953 deposited by funds transfer pursuant to subparagraph (12)(a)3.
3954 (12)(a)4. The parent may not designate any entity or individual
3955 associated with the eligible private school as the parent’s
3956 attorney in fact to approve a funds transfer. When the student
3957 receives a scholarship, the district school board is not
3958 obligated to provide the student with a free appropriate public
3959 education. For purposes of s. 1003.57 and the Individuals with
3960 Disabilities in Education Act, a participating student has only
3961 those rights that apply to all other unilaterally parentally
3962 placed students, except that, when requested by the parent,
3963 school district personnel must develop an IEP or matrix level of
3964 services.
3965 Reviser’s note.—Paragraph (6)(c) is amended to facilitate
3966 correct interpretation and to correct a cross-reference.
3967 Section 6, ch. 2024-230, Laws of Florida, deleted
3968 subparagraph (4)(a)2., relating to program funds used for
3969 transportation to a Florida public school in which a
3970 student is enrolled and that is different from the school
3971 to which the student was assigned or to a lab school as
3972 defined in s. 1002.32; similar material relating to
3973 stipends for transportation can be found at s. 1002.31(7),
3974 created by s. 2, ch. 2024-230. Paragraphs (9)(b) and
3975 (10)(b) are amended to conform to the redesignation of
3976 subparagraph (12)(a)4. as subparagraph (12)(a)3. by s. 6,
3977 ch. 2024-230.
3978 Section 99. Paragraph (b) of subsection (2), paragraph (c)
3979 of subsection (4), paragraph (l) of subsection (6), and
3980 paragraph (b) of subsection (7) of section 1002.395, Florida
3981 Statutes, are amended to read:
3982 1002.395 Florida Tax Credit Scholarship Program.—
3983 (2) DEFINITIONS.—As used in this section, the term:
3984 (b) “Choice navigator” means an individual who meets the
3985 requirements of sub-subparagraph (6)(d)4.g. (6)(d)2.h. and who
3986 provides consultations, at a mutually agreed upon location, on
3987 the selection of, application for, and enrollment in educational
3988 options addressing the academic needs of a student; curriculum
3989 selection; and advice on career and postsecondary education
3990 opportunities. However, nothing in this section authorizes a
3991 choice navigator to oversee or exercise control over the
3992 curricula or academic programs of a personalized education
3993 program.
3994 (4) SCHOLARSHIP PROHIBITIONS.—A student is not eligible for
3995 a scholarship while he or she is:
3996 (c) Receiving any other educational scholarship pursuant to
3997 this chapter. However, an eligible public school student
3998 receiving a scholarship under s. 1002.411 may receive a stipend
3999 scholarship for transportation pursuant to s. 1002.31(7)
4000 subparagraph (6)(d)4.;
4001 (6) OBLIGATIONS OF ELIGIBLE NONPROFIT SCHOLARSHIP-FUNDING
4002 ORGANIZATIONS.—An eligible nonprofit scholarship-funding
4003 organization:
4004 (l)1. May use eligible contributions received pursuant to
4005 this section and ss. 212.099, 212.1831, and 212.1832 during the
4006 state fiscal year in which such contributions are collected for
4007 administrative expenses if the organization has operated as an
4008 eligible nonprofit scholarship-funding organization for at least
4009 the preceding 3 fiscal years and did not have any findings of
4010 material weakness or material noncompliance in its most recent
4011 audit under paragraph (o) or is in good standing in each state
4012 in which it administers a scholarship program and the audited
4013 financial statements for the preceding 3 fiscal years are free
4014 of material misstatements and going concern issues.
4015 Administrative expenses from eligible contributions may not
4016 exceed 3 percent of the total amount of all scholarships and
4017 stipends funded by an eligible scholarship-funding organization
4018 under this chapter. Such administrative expenses must be
4019 reasonable and necessary for the organization’s management and
4020 distribution of scholarships funded under this chapter.
4021 Administrative expenses may include developing or contracting
4022 with rideshare programs or facilitating carpool strategies for
4023 recipients of a transportation stipend scholarship under s.
4024 1002.31(7) 1002.394. No funds authorized under this subparagraph
4025 shall be used for lobbying or political activity or expenses
4026 related to lobbying or political activity. Up to one-third of
4027 the funds authorized for administrative expenses under this
4028 subparagraph may be used for expenses related to the recruitment
4029 of contributions from taxpayers. An eligible nonprofit
4030 scholarship-funding organization may not charge an application
4031 fee.
4032 2. Must expend for annual or partial-year scholarships 100
4033 percent of any eligible contributions from the prior fiscal
4034 year.
4035 3. Must expend for annual or partial-year scholarships an
4036 amount equal to or greater than 75 percent of all net eligible
4037 contributions, as defined in subsection (2), remaining after
4038 administrative expenses during the state fiscal year in which
4039 such eligible contributions are collected. No more than 25
4040 percent of such net eligible contributions may be carried
4041 forward to the following state fiscal year. All amounts carried
4042 forward, for audit purposes, must be specifically identified for
4043 particular students, by student name and the name of the school
4044 to which the student is admitted, subject to the requirements of
4045 ss. 1002.22 and 1002.221 and 20 U.S.C. s. 1232g, and the
4046 applicable rules and regulations issued pursuant thereto. Any
4047 amounts carried forward shall be expended for annual or partial
4048 year scholarships in the following state fiscal year. Eligible
4049 contributions remaining on June 30 of each year that are in
4050 excess of the 25 percent that may be carried forward shall be
4051 used to provide scholarships to eligible students or transferred
4052 to other eligible nonprofit scholarship-funding organizations to
4053 provide scholarships for eligible students. All transferred
4054 funds must be deposited by each eligible nonprofit scholarship
4055 funding organization receiving such funds into its scholarship
4056 account. All transferred amounts received by any eligible
4057 nonprofit scholarship-funding organization must be separately
4058 disclosed in the annual financial audit required under paragraph
4059 (o).
4060 4. Must, before granting a scholarship for an academic
4061 year, document each scholarship student’s eligibility for that
4062 academic year. A scholarship-funding organization may not grant
4063 multiyear scholarships in one approval process.
4064
4065 Information and documentation provided to the Department of
4066 Education and the Auditor General relating to the identity of a
4067 taxpayer that provides an eligible contribution under this
4068 section shall remain confidential at all times in accordance
4069 with s. 213.053.
4070 (7) PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM
4071 PARTICIPATION.—
4072 (b) A parent whose student will not be enrolled full time
4073 in a public or private school must:
4074 1. Apply to an eligible nonprofit scholarship-funding
4075 organization to participate in the program as a personalized
4076 education student by a date set by the organization. The request
4077 must be communicated directly to the organization in a manner
4078 that creates a written or electronic record of the request and
4079 the date of receipt of the request. Beginning with new and
4080 renewal applications for the 2025-2026 school year and
4081 thereafter, a parent must notify the organization by May 31 that
4082 the scholarship is being accepted, renewed, or declined.
4083 2. Sign an agreement with the organization and annually
4084 submit a sworn compliance statement to the organization to
4085 satisfy or maintain program eligibility, including eligibility
4086 to receive and spend program payments, by:
4087 a. Affirming that the program funds are used only for
4088 authorized purposes serving the student’s educational needs, as
4089 described in paragraph (6)(d), and that they will not receive a
4090 payment, refund, or rebate of any funds provided under this
4091 section.
4092 b. Affirming that the parent is responsible for all
4093 eligible expenses in excess of the amount of the scholarship and
4094 for the education of his or her student.
4095 c. Submitting a student learning plan to the organization
4096 and revising the plan at least annually before program renewal.
4097 d. Requiring his or her student to take a nationally norm
4098 referenced test identified by the Department of Education, or a
4099 statewide assessment under s. 1008.22, and provide assessment
4100 results to the organization before the student’s program
4101 renewal.
4102 e. Complying with the scholarship application and renewal
4103 processes and requirements established by the organization. A
4104 student whose participation in the program is not renewed may
4105 continue to spend scholarship funds that are in his or her
4106 account from prior years unless the account must be closed
4107 pursuant to s. 1002.394(5)(a)2.
4108 f. Procuring the services necessary to educate the student.
4109 When the student receives a scholarship, the district school
4110 board is not obligated to provide the student with a free
4111 appropriate public education.
4112
4113 For purposes of this paragraph, full-time enrollment does not
4114 include enrollment at a private school that addresses regular
4115 and direct contact with teachers through the student learning
4116 plan in accordance with s. 1002.421(1)(i).
4117
4118 An eligible nonprofit scholarship-funding organization may not
4119 further regulate, exercise control over, or require
4120 documentation beyond the requirements of this subsection unless
4121 the regulation, control, or documentation is necessary for
4122 participation in the program.
4123 Reviser’s note.—Paragraph (2)(b) is amended to confirm an
4124 editorial substitution to conform to the redesignation of
4125 subparagraph (6)(d)2. as subparagraph (6)(d)4. by s. 4, ch.
4126 2024-163, Laws of Florida, and the redesignation of sub
4127 subparagraph h. of that subparagraph as sub-subparagraph g.
4128 by s. 7, ch. 2024-230, Laws of Florida. Paragraphs (4)(c)
4129 and (6)(l) are amended to facilitate correct interpretation
4130 and to correct cross-references. Section 6, ch. 2024-230,
4131 deleted s. 1002.394(4)(a)2., and s. 7, ch. 2024-230,
4132 deleted s. 1002.395(6)(d)2.b., both relating to program
4133 funds used for transportation to a Florida public school in
4134 which a student is enrolled and that is different from the
4135 school to which the student was assigned or to a lab school
4136 as defined in s. 1002.32; similar material relating to
4137 stipends for transportation can be found at s. 1002.31(7),
4138 created by s. 2, ch. 2024-230. Paragraph (7)(b) is amended
4139 to confirm an editorial insertion to improve clarity.
4140 Section 100. Section 1003.485, Florida Statutes, is
4141 reenacted to read:
4142 1003.485 The New Worlds Reading Initiative.—
4143 (1) DEFINITIONS.—As used in this section, the term:
4144 (a) “Administrator” means the University of Florida
4145 Lastinger Center for Learning.
4146 (b) “Annual tax credit amount” means, for any state fiscal
4147 year, the sum of the amount of tax credits approved under
4148 paragraph (5)(b), including tax credits to be taken under s.
4149 211.0252, s. 212.1833, s. 220.1876, s. 561.1212, or s.
4150 624.51056, which are approved for taxpayers whose taxable years
4151 begin on or after January 1 of the calendar year preceding the
4152 start of the applicable state fiscal year.
4153 (c) “Department” means the Department of Education.
4154 (d) “Division” means the Division of Alcoholic Beverages
4155 and Tobacco of the Department of Business and Professional
4156 Regulation.
4157 (e) “Eligible contribution” means a monetary contribution
4158 from a taxpayer, subject to the restrictions provided in this
4159 section, to the administrator.
4160 (f) “Initiative” means the New Worlds Reading Initiative.
4161 (g) “Micro-credential” means evidence-based professional
4162 learning activities grounded in the science of reading which are
4163 competency-based, personalized, and on-demand. Educators must
4164 demonstrate their competence via evidence submitted and reviewed
4165 by trained evaluators.
4166 (2) NEW WORLDS READING INITIATIVE; PURPOSE.—The purpose of
4167 the New Worlds Reading Initiative established under the
4168 department is to instill a love of reading by providing high
4169 quality, free books to students in prekindergarten through grade
4170 5 who are reading below grade level and to improve the literacy
4171 skills of students in prekindergarten through grade 12. The New
4172 Worlds Reading Initiative shall consist of:
4173 (a) The program established under this section to provide
4174 high-quality, free books to students.
4175 (b) The New Worlds Scholarship Program under s. 1002.411.
4176 (c) The New Worlds Scholar program under s. 1008.365, which
4177 rewards high school students who instill a love of reading and
4178 improve the literacy skills of students in kindergarten through
4179 grade 3.
4180 (d) The New Worlds micro-credential program established
4181 under this section which emphasizes strong core instruction and
4182 a tiered model of reading interventions for struggling readers.
4183 (3) DEPARTMENT RESPONSIBILITIES.—The department shall:
4184 (a) Publish information about the initiative and tax
4185 credits under subsection (5) on its website, including the
4186 process for a taxpayer to select the administrator as the
4187 recipient of funding through a tax credit.
4188 (b) Annually report on its website the number of students
4189 participating in the initiative in each school district,
4190 information from the annual financial report under paragraph
4191 (4)(j), and the academic achievement and learning gains, as
4192 applicable, of participating students based on data provided by
4193 school districts as permitted under s. 1002.22. The department
4194 shall establish a date by which the administrator and each
4195 school district must annually provide the data necessary to
4196 complete the report.
4197 (c) Provide the administrator with progress monitoring data
4198 for eligible prekindergarten through grade 12 students within 30
4199 days after the close of each progress monitoring period.
4200 (4) ADMINISTRATOR RESPONSIBILITIES.—The administrator
4201 shall:
4202 (a) Develop, in consultation with the Just Read, Florida!
4203 Office under s. 1001.215, a selection of high-quality books
4204 encompassing diverse subjects and genres for each grade level to
4205 be mailed to students in the initiative.
4206 (b) Distribute books at no cost to students as provided in
4207 paragraph (6)(c) either directly or through an agreement with a
4208 book distribution company.
4209 (c) Assist local implementation of the initiative by
4210 providing marketing materials to school districts and any
4211 partnering nonprofit organizations to assist with public
4212 awareness campaigns and other activities designed to increase
4213 family engagement and instill a love of reading in students.
4214 (d) Maintain a clearinghouse for information on national,
4215 state, and local nonprofit organizations that support efforts to
4216 improve literacy and provide books to children.
4217 (e) Develop, for parents of students in the initiative,
4218 resources and training materials that engage families in reading
4219 and support the reading achievement of their students. The
4220 administrator shall periodically send to parents hyperlinks to
4221 these resources and materials, including video modules, via text
4222 message and e-mail.
4223 (f) Provide professional learning and resources to teachers
4224 that correlate with the books provided through the initiative.
4225 (g) Develop, in consultation with the Just Read, Florida!
4226 Office under s. 1001.215, an online repository of digital
4227 science of reading materials and science of reading
4228 instructional resources that is accessible to public school
4229 teachers, school leaders, parents, and educator preparation
4230 programs and associated faculty.
4231 (h) Develop a micro-credential that requires teachers to
4232 demonstrate competency to:
4233 1. Diagnose literacy difficulties and determine the
4234 appropriate range of literacy interventions based upon the age
4235 and literacy deficiency of the student;
4236 2. Use evidence-based instructional and intervention
4237 practices grounded in the science of reading, including
4238 strategies identified by the Just Read, Florida! Office pursuant
4239 to s. 1001.215(7); and
4240 3. Effectively use progress monitoring and intervention
4241 materials.
4242 (i) Administer the early literacy micro-credential program
4243 established under this section, which must include components on
4244 content, student learning, pedagogy, and professional learning
4245 and must build on a strong foundation of scientifically
4246 researched and evidence-based reading instructional and
4247 intervention programs that incorporate explicit, systematic, and
4248 sequential approaches to teaching phonemic awareness, phonics,
4249 vocabulary, fluency, and text comprehension and incorporate
4250 decodable or phonetic text instructional strategies, as
4251 identified by the Just Read, Florida! Office, pursuant to s.
4252 1001.215(7).
4253 1. At a minimum, the micro-credential curriculum must be
4254 designed specifically for instructional personnel in
4255 prekindergarten through grade 3 based upon the strategies and
4256 techniques identified in s. 1002.59 and address foundational
4257 literacy skills of students in grades 4 through 12.
4258 2. The micro-credential must be competency based and
4259 designed for eligible instructional personnel to complete the
4260 credentialing process in no more than 60 hours, in an online
4261 format. The micro-credential may be delivered in an in-person
4262 format. Eligible instructional personnel may receive the micro
4263 credential once competency is demonstrated even if it is before
4264 the completion of 60 hours.
4265 3. The micro-credential must be available by December 31,
4266 2022, at no cost, to instructional personnel as defined in s.
4267 1012.01(2); prekindergarten instructors as specified in ss.
4268 1002.55, 1002.61, and 1002.63; and child care personnel as
4269 defined in ss. 402.302(3) and 1002.88(1)(e).
4270 (j) Annually submit to the department an annual financial
4271 report that includes, at a minimum, the amount of eligible
4272 contributions received by the administrator; the amount spent on
4273 each activity required by this subsection, including
4274 administrative expenses; the number of micro-credentials and
4275 reading endorsements earned; and the number of students and
4276 households served under each component of the initiative, by
4277 school district, including the means by which additional
4278 literacy support was provided to students.
4279 (k) Maintain separate accounts for operating funds and
4280 funds for the purchase and delivery of books.
4281 (l) Expend eligible contributions received only for the
4282 purchase and delivery of books and to implement the requirements
4283 of this section, as well as for administrative expenses not to
4284 exceed 2 percent of total eligible contributions.
4285 Notwithstanding s. 1002.395(6)(l)3., the administrator may carry
4286 forward up to 25 percent of eligible contributions made before
4287 January 1 of each state fiscal year and 100 percent of eligible
4288 contributions made on or after January 1 of each state fiscal
4289 year to the following state fiscal year for purposes authorized
4290 by this subsection. Any eligible contributions in excess of the
4291 allowable carry forward not used to provide additional books
4292 throughout the year to eligible students shall revert to the
4293 state treasury.
4294 (m) Upon receipt of a contribution, provide the taxpayer
4295 that made the contribution with a certificate of contribution. A
4296 certificate of contribution must include the taxpayer’s name
4297 and, if available, its federal employer identification number;
4298 the amount contributed; the date of contribution; and the name
4299 of the administrator.
4300 (5) NEW WORLDS READING INITIATIVE TAX CREDITS;
4301 APPLICATIONS, TRANSFERS, AND LIMITATIONS.—
4302 (a) The tax credit cap amount is $10 million for the 2021
4303 2022 state fiscal year, $30 million for the 2022-2023 state
4304 fiscal year, and $60 million in each state fiscal year
4305 thereafter.
4306 (b) Beginning October 1, 2021, a taxpayer may submit an
4307 application to the Department of Revenue for a tax credit or
4308 credits to be taken under one or more of s. 211.0252, s.
4309 212.1833, s. 220.1876, s. 561.1212, or s. 624.51056.
4310 1. The taxpayer shall specify in the application each tax
4311 for which the taxpayer requests a credit and the applicable
4312 taxable year for a credit under s. 220.1876 or s. 624.51056 or
4313 the applicable state fiscal year for a credit under s. 211.0252,
4314 s. 212.1833, or s. 561.1212. For purposes of s. 220.1876, a
4315 taxpayer may apply for a credit to be used for a prior taxable
4316 year before the date the taxpayer is required to file a return
4317 for that year pursuant to s. 220.222. For purposes of s.
4318 624.51056, a taxpayer may apply for a credit to be used for a
4319 prior taxable year before the date the taxpayer is required to
4320 file a return for that prior taxable year pursuant to ss.
4321 624.509 and 624.5092. The Department of Revenue shall approve
4322 tax credits on a first-come, first-served basis and must obtain
4323 the division’s approval before approving a tax credit under s.
4324 561.1212.
4325 2. Within 10 days after approving or denying an
4326 application, the Department of Revenue shall provide a copy of
4327 its approval or denial letter to the administrator.
4328 (c) If a tax credit approved under paragraph (b) is not
4329 fully used within the specified state fiscal year for credits
4330 under s. 211.0252, s. 212.1833, or s. 561.1212 or against taxes
4331 due for the specified taxable year for credits under s. 220.1876
4332 or s. 624.51056 because of insufficient tax liability on the
4333 part of the taxpayer, the unused amount must be carried forward
4334 for a period not to exceed 10 years. For purposes of s.
4335 220.1876, a credit carried forward may be used in a subsequent
4336 year after applying the other credits and unused carryovers in
4337 the order provided in s. 220.02(8).
4338 (d) A taxpayer may not convey, transfer, or assign an
4339 approved tax credit or a carryforward tax credit to another
4340 entity unless all of the assets of the taxpayer are conveyed,
4341 assigned, or transferred in the same transaction. However, a tax
4342 credit under s. 211.0252, s. 212.1833, s. 220.1876, s. 561.1212,
4343 or s. 624.51056 may be conveyed, transferred, or assigned
4344 between members of an affiliated group of corporations if the
4345 type of tax credit under s. 211.0252, s. 212.1833, s. 220.1876,
4346 s. 561.1212, or s. 624.51056 remains the same. A taxpayer shall
4347 notify the Department of Revenue of its intent to convey,
4348 transfer, or assign a tax credit to another member within an
4349 affiliated group of corporations. The amount conveyed,
4350 transferred, or assigned is available to another member of the
4351 affiliated group of corporations upon approval by the Department
4352 of Revenue. The Department of Revenue shall obtain the
4353 division’s approval before approving a conveyance, transfer, or
4354 assignment of a tax credit under s. 561.1212.
4355 (e) Within any state fiscal year, a taxpayer may rescind
4356 all or part of a tax credit approved under paragraph (b). The
4357 amount rescinded shall become available for that state fiscal
4358 year to another eligible taxpayer approved by the Department of
4359 Revenue if the taxpayer receives notice from the Department of
4360 Revenue that the rescindment has been accepted by the Department
4361 of Revenue. The Department of Revenue must obtain the division’s
4362 approval before accepting the rescindment of a tax credit under
4363 s. 561.1212. Any amount rescinded under this paragraph must
4364 become available to an eligible taxpayer on a first-come, first
4365 served basis based on tax credit applications received after the
4366 date the rescindment is accepted by the Department of Revenue.
4367 (f) Within 10 days after approving or denying the
4368 conveyance, transfer, or assignment of a tax credit under
4369 paragraph (d), or the rescindment of a tax credit under
4370 paragraph (e), the Department of Revenue shall provide a copy of
4371 its approval or denial letter to the administrator. The
4372 Department of Revenue shall also include the administrator on
4373 all letters or correspondence of acknowledgment for tax credits
4374 under s. 212.1833.
4375 (g) For purposes of calculating the underpayment of
4376 estimated corporate income taxes under s. 220.34 and tax
4377 installment payments for taxes on insurance premiums or
4378 assessments under s. 624.5092, the final amount due is the
4379 amount after credits earned under s. 220.1876 or s. 624.51056
4380 for contributions to the administrator are deducted.
4381 1. For purposes of determining if a penalty or interest
4382 under s. 220.34(2)(d)1. will be imposed for underpayment of
4383 estimated corporate income tax, a taxpayer may, after earning a
4384 credit under s. 220.1876, reduce any estimated payment in that
4385 taxable year by the amount of the credit.
4386 2. For purposes of determining if a penalty under s.
4387 624.5092 will be imposed, an insurer, after earning a credit
4388 under s. 624.51056 for a taxable year, may reduce any
4389 installment payment for such taxable year of 27 percent of the
4390 amount of the net tax due as reported on the return for the
4391 preceding year under s. 624.5092(2)(b) by the amount of the
4392 credit.
4393 (6) ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT
4394 OBLIGATIONS.—
4395 (a) A student in prekindergarten through grade 5 must be
4396 provided books through the initiative if the student is not yet
4397 reading on grade level, has a substantial reading deficiency
4398 identified under s. 1008.25(5)(a), has a substantial deficiency
4399 in early literacy skills based upon the results of the
4400 coordinated screening and progress monitoring under s.
4401 1008.25(9), or scored below a Level 3 on the most recent
4402 statewide, standardized English Language Arts assessment under
4403 s. 1008.22.
4404 (b) Each school district shall notify the parent of a
4405 student who meets the criteria under paragraph (a) that the
4406 student is eligible to receive books at no cost through the New
4407 Worlds Reading Initiative and provide the parent with the
4408 application form developed by the administrator, which must
4409 allow for the selection of specific book topics or genres for
4410 the student.
4411 (c) Once an eligible student is identified, the school
4412 district shall coordinate with the administrator to initiate
4413 book delivery on a monthly basis during the school year, which
4414 must begin no later than October and continue through at least
4415 June.
4416 (d) Upon enrollment and at the beginning of each school
4417 year, students must be provided options for specific book topics
4418 or genres in order to maximize student interest in reading.
4419 (e) A student’s eligibility for the initiative continues
4420 until promotion to grade 6 or until the student’s parent opts
4421 out of the initiative.
4422 (f) Each school district shall participate in the
4423 initiative by partnering with local nonprofit organizations,
4424 raising awareness of the initiative using marketing materials
4425 developed by the administrator, coordinating book delivery, and
4426 identifying students and notifying parents pursuant to this
4427 subsection.
4428 (g) Each school district shall coordinate with each charter
4429 school it sponsors for purposes of identifying eligible
4430 students, notifying parents, coordinating book delivery,
4431 providing the opportunity to annually select book topics and
4432 genres, and raising awareness of the initiative as provided by
4433 this section.
4434 (h) School districts and partnering nonprofit organizations
4435 shall raise awareness of the initiative, including information
4436 on eligibility and video training modules under paragraph
4437 (4)(e), through, at least, the following:
4438 1. The student handbook and the read-at-home plan under s.
4439 1008.25(5)(d).
4440 2. A parent or curriculum night or separate initiative
4441 awareness event at each elementary school.
4442 3. Partnering with the county library to host awareness
4443 events, which should coincide with other initiatives such as
4444 library card drives, family library nights, summer access
4445 events, and other family engagement programming.
4446 (i) Each school district shall establish a data sharing
4447 agreement with the initiative’s administrator which allows for a
4448 streamlined student verification and enrollment process.
4449 (7) ADMINISTRATION; RULES.—
4450 (a) The Department of Revenue, the division, and the
4451 Department of Education may develop a cooperative agreement to
4452 assist in the administration of this section, as needed.
4453 (b) The Department of Revenue may adopt rules necessary to
4454 administer this section and ss. 211.0252, 212.1833, 220.1876,
4455 561.1212, and 624.51056, including rules establishing
4456 application forms, procedures governing the approval of tax
4457 credits and carryforward tax credits under subsection (5), and
4458 procedures to be followed by taxpayers when claiming approved
4459 tax credits on their returns.
4460 (c) The division may adopt rules necessary to administer
4461 its responsibilities under this section and s. 561.1212.
4462 (d) The Department of Education may adopt rules necessary
4463 to administer this section.
4464 (e) Notwithstanding any provision of s. 213.053 to the
4465 contrary, sharing information with the division related to this
4466 tax credit is considered the conduct of the Department of
4467 Revenue’s official duties as contemplated in s. 213.053(8)(c),
4468 and the Department of Revenue and the division are specifically
4469 authorized to share information as needed to administer this
4470 section.
4471 Reviser’s note.—Section 4, ch. 2024-162, Laws of Florida,
4472 purported to amend s. 1003.485, but did not publish
4473 subsection (5). Absent affirmative evidence of legislative
4474 intent to repeal it, s. 1003.485 is reenacted to confirm
4475 that the omission was not intended.
4476 Section 101. Paragraph (b) of subsection (6) of section
4477 1004.44, Florida Statutes, is amended to read:
4478 1004.44 Louis de la Parte Florida Mental Health Institute.
4479 There is established the Louis de la Parte Florida Mental Health
4480 Institute within the University of South Florida.
4481 (6)
4482 (b) The center may:
4483 1. Convene groups, including, but not limited to,
4484 behavioral health clinicians, professionals, and workers, and
4485 employers of such individuals; other health care providers;
4486 individuals with behavioral health conditions and their
4487 families; and business and industry leaders, policymakers, and
4488 educators, to assist the center in its work; and
4489 2. Request from any board as defined in s. 456.001 any
4490 information held by the board regarding a behavioral health
4491 professional licensed in this state or holding a multistate
4492 license pursuant to a professional multistate licensure compact
4493 or information reported to the board by employers of such
4494 behavioral health professionals, other than personal identifying
4495 information. The boards must provide such information to the
4496 center upon request.
4497 Reviser’s note.—Amended to confirm an editorial insertion to
4498 improve clarity.
4499 Section 102. Subsection (5) of section 1004.647, Florida
4500 Statutes, is amended to read:
4501 1004.647 Florida Catastrophic Storm Risk Management
4502 Center.—The Florida Catastrophic Storm Risk Management Center is
4503 created at the Florida State University, College of Business,
4504 Department of Risk Management. The purpose of the center is to
4505 promote and disseminate research on issues related to
4506 catastrophic storm loss and to assist in identifying and
4507 developing education and research grant funding opportunities
4508 among higher education institutions in this state and the
4509 private sector. The purpose of the activities of the center is
4510 to support the state’s ability to prepare for, respond to, and
4511 recover from catastrophic storms. The center shall:
4512 (5) Organize and sponsor conferences, symposiums symposia,
4513 and workshops to educate consumers and policymakers.
4514 Reviser’s note.—Amended to conform usage in the Florida Statutes
4515 to the preferred plural form of “symposium.”
4516 Section 103. Paragraph (g) of subsection (2) of section
4517 1004.6499, Florida Statutes, is amended to read:
4518 1004.6499 Florida Institute for Governance and Civics.—
4519 (2) The goals of the institute are to:
4520 (g) Create through scholarship, original research,
4521 publications, symposiums symposia, testimonials, and other means
4522 a body of resources that can be accessed by students, scholars,
4523 and government officials to understand the innovations in public
4524 policy in this state over a rolling 30-year time period.
4525 Reviser’s note.—Amended to conform usage in the Florida Statutes
4526 to the preferred plural form of “symposium.”
4527 Section 104. Paragraphs (c) and (e) of subsection (2) of
4528 section 1004.64991, Florida Statutes, are amended to read:
4529 1004.64991 The Adam Smith Center for Economic Freedom.—
4530 (2) The goals of the center are to:
4531 (c) Plan and host workshops, symposiums, and conferences to
4532 allow students, scholars, and guests to engage exchange in civil
4533 discussion of democracy and capitalism.
4534 (e) Partner with the Institute for Freedom in the Americas
4535 to support its mission, which includes promoting economic and
4536 individual freedoms as a means for advancing human progress with
4537 an emphasis on Latin America American and the Caribbean.
4538 Reviser’s note.—Paragraph (2)(c) is amended to improve clarity.
4539 Paragraph (2)(e) is amended to confirm an editorial
4540 substitution to conform to context.
4541 Section 105. Paragraph (a) of subsection (4) of section
4542 1004.76, Florida Statutes, is amended to read:
4543 1004.76 Florida Martin Luther King, Jr., Institute for
4544 Nonviolence.—
4545 (4) The institute shall have the following powers and
4546 duties:
4547 (a) To conduct training, provide symposiums symposia, and
4548 develop continuing education and programs to promote skills in
4549 nonviolent conflict resolution for persons in government,
4550 private enterprise, community groups, and voluntary
4551 associations.
4552 Reviser’s note.—Amended to conform usage in the Florida Statutes
4553 to the preferred plural form of “symposium.”
4554 Section 106. Paragraphs (a) and (f) of subsection (6) of
4555 section 1006.07, Florida Statutes, are amended to read:
4556 1006.07 District school board duties relating to student
4557 discipline and school safety.—The district school board shall
4558 provide for the proper accounting for all students, for the
4559 attendance and control of students at school, and for proper
4560 attention to health, safety, and other matters relating to the
4561 welfare of students, including:
4562 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
4563 school superintendent shall establish policies and procedures
4564 for the prevention of violence on school grounds, including the
4565 assessment of and intervention with individuals whose behavior
4566 poses a threat to the safety of the school community.
4567 (a) School safety specialist.—Each district school
4568 superintendent shall designate a school safety specialist for
4569 the district. The school safety specialist must be a school
4570 administrator employed by the school district or a law
4571 enforcement officer employed by the sheriff’s office located in
4572 the school district. Any school safety specialist designated
4573 from the sheriff’s office must first be authorized and approved
4574 by the sheriff employing the law enforcement officer. Any school
4575 safety specialist designated from the sheriff’s office remains
4576 the employee of the office for purposes of compensation,
4577 insurance, workers’ compensation, and other benefits authorized
4578 by law for a law enforcement officer employed by the sheriff’s
4579 office. The sheriff and the school superintendent may determine
4580 by agreement the reimbursement for such costs, or may share the
4581 costs, associated with employment of the law enforcement officer
4582 as a school safety specialist. The school safety specialist must
4583 earn a certificate of completion of the school safety specialist
4584 training provided by the Office of Safe Schools within 1 year
4585 after appointment and is responsible for the supervision and
4586 oversight for all school safety and security personnel,
4587 policies, and procedures in the school district. The school
4588 safety specialist, or his or her designee, shall:
4589 1. In conjunction with the district school superintendent,
4590 annually review school district policies and procedures for
4591 compliance with state law and rules, including the district’s
4592 timely and accurate submission of school environmental safety
4593 incident reports to the department pursuant to s. 1001.212(8).
4594 At least quarterly, the school safety specialist must report to
4595 the district school superintendent and the district school board
4596 any noncompliance by the school district with laws or rules
4597 regarding school safety.
4598 2. Provide the necessary training and resources to students
4599 and school district staff in matters relating to youth mental
4600 health awareness and assistance; emergency procedures, including
4601 active shooter training; and school safety and security.
4602 3. Serve as the school district liaison with local public
4603 safety agencies and national, state, and community agencies and
4604 organizations in matters of school safety and security.
4605 4. In collaboration with the appropriate public safety
4606 agencies, as that term is defined in s. 365.171, by October 1 of
4607 each year, conduct a school security risk assessment at each
4608 public school using the Florida Safe Schools Assessment Tool
4609 developed by the Office of Safe Schools pursuant to s.
4610 1006.1493. Based on the assessment findings, the district’s
4611 school safety specialist shall provide recommendations to the
4612 district school superintendent and the district school board
4613 which identify strategies and activities that the district
4614 school board should implement in order to address the findings
4615 and improve school safety and security. Each district school
4616 board must receive such findings and the school safety
4617 specialist’s recommendations at a publicly noticed district
4618 school board meeting to provide the public an opportunity to
4619 hear the district school board members discuss and take action
4620 on the findings and recommendations. Each school safety
4621 specialist, through the district school superintendent, shall
4622 report such findings and school board action to the Office of
4623 Safe Schools within 30 days after the district school board
4624 meeting.
4625 5. Conduct annual unannounced inspections, using the form
4626 adopted by the Office of Safe Schools pursuant to s.
4627 1001.212(13) 1001.212(14), of all public schools, including
4628 charter schools, while school is in session and investigate
4629 reports of noncompliance with school safety requirements.
4630 6. Report violations of paragraph (f) by administrative
4631 personnel and instructional personnel to the district school
4632 superintendent or charter school administrator, as applicable.
4633 (f) School safety requirements.—By August 1, 2024, each
4634 school district and charter school governing board shall comply
4635 with the following school safety requirements:
4636 1. All gates or other access points that restrict ingress
4637 to or egress from a school campus shall remain closed and locked
4638 when students are on campus. A gate or other campus access point
4639 may not be open or unlocked, regardless of whether it is during
4640 normal school hours, unless:
4641 a. Attended or actively staffed by a person when students
4642 are on campus;
4643 b. The use is in accordance with a shared use agreement
4644 pursuant to s. 1013.101; or
4645 c. The school safety specialist, or his or her designee,
4646 has documented in the Florida Safe Schools Assessment Tool
4647 portal maintained by the Office of Safe Schools that the gate or
4648 other access point is not subject to this requirement based upon
4649 other safety measures at the school. The office may conduct a
4650 compliance visit pursuant to s. 1001.212(13) 1001.212(14) to
4651 review if such determination is appropriate.
4652 2. All school classrooms and other instructional spaces
4653 must be locked to prevent ingress when occupied by students,
4654 except between class periods when students are moving between
4655 classrooms or other instructional spaces. If a classroom or
4656 other instructional space door must be left unlocked or open for
4657 any reason other than between class periods when students are
4658 moving between classrooms or other instructional spaces, the
4659 door must be actively staffed by a person standing or seated at
4660 the door.
4661 3. All campus access doors, gates, and other access points
4662 that allow ingress to or egress from a school building shall
4663 remain closed and locked at all times to prevent ingress, unless
4664 a person is actively entering or exiting the door, gate, or
4665 other access point or the school safety specialist, or his or
4666 her designee, has documented in the Florida Safe Schools
4667 Assessment Tool portal maintained by the Office of Safe Schools
4668 that the open and unlocked door, gate, or other access point is
4669 not subject to this requirement based upon other safety measures
4670 at the school. The office may conduct a compliance visit
4671 pursuant to s. 1001.212(13) 1001.212(14) to review if such
4672 determination is appropriate. All campus access doors, gates,
4673 and other access points may be electronically or manually
4674 controlled by school personnel to allow access by authorized
4675 visitors, students, and school personnel.
4676 4. All school classrooms and other instructional spaces
4677 must clearly and conspicuously mark the safest areas in each
4678 classroom or other instructional space where students must
4679 shelter in place during an emergency. Students must be notified
4680 of these safe areas within the first 10 days of the school year.
4681 If it is not feasible to clearly and conspicuously mark the
4682 safest areas in a classroom or other instructional space, the
4683 school safety specialist, or his or her designee, must document
4684 such determination in the Florida Safe Schools Assessment Tool
4685 portal maintained by the Office of Safe Schools, identifying
4686 where affected students must shelter in place. The office shall
4687 assist the school safety specialist with compliance during the
4688 inspection required under s. 1001.212(13) 1001.212(14).
4689
4690 Persons who are aware of a violation of this paragraph must
4691 report the violation to the school principal. The school
4692 principal must report the violation to the school safety
4693 specialist no later than the next business day after receiving
4694 such report. If the person who violated this paragraph is the
4695 school principal or charter school administrator, the report
4696 must be made directly to the district school superintendent or
4697 charter school governing board, as applicable.
4698 Reviser’s note.—Amended to correct a cross-reference. Section 5,
4699 ch. 2024-155, Laws of Florida, added subsection (14) to s.
4700 1001.212, which was redesignated as subsection (13) to
4701 conform to the deletion of former subsection (11) by s. 20,
4702 ch. 2024-3, Laws of Florida.
4703 Section 107. Paragraphs (d) and (e) of subsection (2) and
4704 paragraph (b) of subsection (4) of section 1006.28, Florida
4705 Statutes, are amended to read:
4706 1006.28 Duties of district school board, district school
4707 superintendent; and school principal regarding K-12
4708 instructional materials.—
4709 (2) DISTRICT SCHOOL BOARD.—The district school board has
4710 the constitutional duty and responsibility to select and provide
4711 adequate instructional materials for all students in accordance
4712 with the requirements of this part. The district school board
4713 also has the following specific duties and responsibilities:
4714 (d) School library media services; establishment and
4715 maintenance.—Establish and maintain a program of school library
4716 media services for all public schools in the district, including
4717 school library media centers, or school library media centers
4718 open to the public, and, in addition such traveling or
4719 circulating libraries as may be needed for the proper operation
4720 of the district school system. Beginning January 1, 2023, School
4721 librarians, media specialists, and other personnel involved in
4722 the selection of school district library materials must complete
4723 the training program developed pursuant to s. 1006.29(6) before
4724 reviewing and selecting age-appropriate materials and library
4725 resources. Upon written request, a school district shall provide
4726 access to any material or book specified in the request that is
4727 maintained in a district school system library and is available
4728 for review.
4729 1. Each book made available to students through a school
4730 district library media center or included in a recommended or
4731 assigned school or grade-level reading list must be selected by
4732 a school district employee who holds a valid educational media
4733 specialist certificate, regardless of whether the book is
4734 purchased, donated, or otherwise made available to students.
4735 2. Each district school board shall adopt procedures for
4736 developing library media center collections and post the
4737 procedures on the website for each school within the district.
4738 The procedures must:
4739 a. Require that book selections meet the criteria in s.
4740 1006.40(3)(c).
4741 b. Require consultation of reputable, professionally
4742 recognized reviewing periodicals and school community
4743 stakeholders.
4744 c. Provide for library media center collections, including
4745 classroom libraries, based on reader interest, support of state
4746 academic standards and aligned curriculum, and the academic
4747 needs of students and faculty.
4748 d. Provide for the regular removal or discontinuance of
4749 books based on, at a minimum, physical condition, rate of recent
4750 circulation, alignment to state academic standards and relevancy
4751 to curriculum, out-of-date content, and required removal
4752 pursuant to subparagraph (a)2.
4753 3. Each elementary school must publish on its website, in a
4754 searchable format prescribed by the department, a list of all
4755 materials maintained and accessible in the school library media
4756 center or a classroom library or required as part of a school or
4757 grade-level reading list.
4758 4. Each district school board shall adopt and publish on
4759 its website the process for a parent to limit his or her
4760 student’s access to materials in the school or classroom
4761 library.
4762 (e) Public participation.—Publish on its website, in a
4763 searchable format prescribed by the department, a list of all
4764 instructional materials, including those used to provide
4765 instruction required by s. 1003.42. Each district school board
4766 must:
4767 1. Provide access to all materials, excluding teacher
4768 editions, in accordance with s. 1006.283(2)(b)8.a. before the
4769 district school board takes any official action on such
4770 materials. This process must include reasonable safeguards
4771 against the unauthorized use, reproduction, and distribution of
4772 instructional materials considered for adoption.
4773 2. Select, approve, adopt, or purchase all materials as a
4774 separate line item on the agenda and provide a reasonable
4775 opportunity for public comment. The use of materials described
4776 in this paragraph may not be selected, approved, or adopted as
4777 part of a consent agenda.
4778 3. Annually, on beginning June 30, 2023, submit to the
4779 Commissioner of Education a report that identifies:
4780 a. Each material for which the school district received an
4781 objection pursuant to subparagraph (a)2., including the grade
4782 level and course the material was used in, for the school year
4783 and the specific objections thereto.
4784 b. Each material that was removed or discontinued.
4785 c. Each material that was not removed or discontinued and
4786 the rationale for not removing or discontinuing the material.
4787
4788 The department shall publish and regularly update a list of
4789 materials that were removed or discontinued, sorted by grade
4790 level, as a result of an objection and disseminate the list to
4791 school districts for consideration in their selection
4792 procedures.
4793 (4) SCHOOL PRINCIPAL.—The school principal has the
4794 following duties for the management and care of materials at the
4795 school:
4796 (b) Money collected for lost or damaged instructional
4797 materials; enforcement.—The school principal may collect from
4798 each student or the student’s parent the purchase price of any
4799 instructional material the student has lost, destroyed, or
4800 unnecessarily damaged and to report and transmit the money
4801 collected to the district school superintendent. A student who
4802 fails to pay such sum may be suspended from participation in
4803 extracurricular activities. A student may satisfy the debt
4804 through community service activities at the school site as
4805 determined by the school principal, pursuant to policies adopted
4806 by district school board rule.
4807 Reviser’s note.—Paragraphs (2)(d) and (e) are amended to delete
4808 obsolete language. Paragraph (4)(b) is amended to confirm
4809 an editorial deletion to conform to context.
4810 Section 108. Paragraph (b) of subsection (3) and subsection
4811 (5) of section 1008.34, Florida Statutes, are amended to read:
4812 1008.34 School grading system; school report cards;
4813 district grade.—
4814 (3) DESIGNATION OF SCHOOL GRADES.—
4815 (b)1. A school’s grade shall be based on the following
4816 components, each worth 100 points:
4817 a. The percentage of eligible students passing statewide,
4818 standardized assessments in English Language Arts under s.
4819 1008.22(3).
4820 b. The percentage of eligible students passing statewide,
4821 standardized assessments in mathematics under s. 1008.22(3).
4822 c. The percentage of eligible students passing statewide,
4823 standardized assessments in science under s. 1008.22(3).
4824 d. The percentage of eligible students passing statewide,
4825 standardized assessments in social studies under s. 1008.22(3).
4826 e. The percentage of eligible students who make Learning
4827 Gains in English Language Arts as measured by statewide,
4828 standardized assessments administered under s. 1008.22(3).
4829 f. The percentage of eligible students who make Learning
4830 Gains in mathematics as measured by statewide, standardized
4831 assessments administered under s. 1008.22(3).
4832 g. The percentage of eligible students in the lowest 25
4833 percent in English Language Arts, as identified by prior year
4834 performance on statewide, standardized assessments, who make
4835 Learning Gains as measured by statewide, standardized English
4836 Language Arts assessments administered under s. 1008.22(3).
4837 h. The percentage of eligible students in the lowest 25
4838 percent in mathematics, as identified by prior year performance
4839 on statewide, standardized assessments, who make Learning Gains
4840 as measured by statewide, standardized Mathematics assessments
4841 administered under s. 1008.22(3).
4842 i. For schools comprised of middle grades 6 through 8 or
4843 grades 7 and 8, the percentage of eligible students passing high
4844 school level statewide, standardized end-of-course assessments
4845 or attaining national industry certifications identified in the
4846 CAPE Industry Certification Funding List pursuant to state board
4847 rule.
4848 j. Beginning in the 2023-2024 school year, For schools
4849 comprised of grade levels that include grade 3, the percentage
4850 of eligible students who score an achievement level 3 or higher
4851 on the grade 3 statewide, standardized English Language Arts
4852 assessment administered under s. 1008.22(3).
4853
4854 In calculating Learning Gains for the components listed in sub
4855 subparagraphs e.-h., the State Board of Education shall require
4856 that learning growth toward achievement levels 3, 4, and 5 is
4857 demonstrated by students who scored below each of those levels
4858 in the prior year. In calculating the components in sub
4859 subparagraphs a.-d., the state board shall include the
4860 performance of English language learners only if they have been
4861 enrolled in a school in the United States for more than 2 years.
4862 2. For a school comprised of grades 9, 10, 11, and 12, or
4863 grades 10, 11, and 12, the school’s grade shall also be based on
4864 the following components, each worth 100 points:
4865 a. The 4-year high school graduation rate of the school as
4866 defined by state board rule.
4867 b. The percentage of students who were eligible to earn
4868 college and career credit through an assessment identified
4869 pursuant to s. 1007.27(2), College Board Advanced Placement
4870 examinations, International Baccalaureate examinations, dual
4871 enrollment courses, including career dual enrollment courses
4872 resulting in the completion of 300 or more clock hours during
4873 high school which are approved by the state board as meeting the
4874 requirements of s. 1007.271, or Advanced International
4875 Certificate of Education examinations; who, at any time during
4876 high school, earned national industry certification identified
4877 in the CAPE Industry Certification Funding List, pursuant to
4878 rules adopted by the state board; or who earned an Armed
4879 Services Qualification Test score that falls within Category II
4880 or higher on the Armed Services Vocational Aptitude Battery and
4881 earned a minimum of two credits in Junior Reserve Officers’
4882 Training Corps courses from the same branch of the United States
4883 Armed Forces.
4884 (5) DISTRICT GRADE.—Beginning with the 2014-2015 school
4885 year, A school district’s grade shall include a district-level
4886 calculation of the components under paragraph (3)(b). This
4887 calculation methodology captures each eligible student in the
4888 district who may have transferred among schools within the
4889 district or is enrolled in a school that does not receive a
4890 grade. The department shall develop a district report card that
4891 includes the district grade; the information required under s.
4892 1008.345(3); measures of the district’s progress in closing the
4893 achievement gap between higher-performing student subgroups and
4894 lower-performing student subgroups; measures of the district’s
4895 progress in demonstrating Learning Gains of its highest
4896 performing students; measures of the district’s success in
4897 improving student attendance; the district’s grade-level
4898 promotion of students scoring achievement levels 1 and 2 on
4899 statewide, standardized English Language Arts and Mathematics
4900 assessments; and measures of the district’s performance in
4901 preparing students for the transition from elementary to middle
4902 school, middle to high school, and high school to postsecondary
4903 institutions and careers.
4904 Reviser’s note.—Amended to delete obsolete language.
4905 Section 109. Subsections (3) and (22) of section 1009.23,
4906 Florida Statutes, are amended to read:
4907 1009.23 Florida College System institution student fees.—
4908 (3)(a) Effective July 1, 2014, For advanced and
4909 professional, postsecondary vocational, developmental education,
4910 and educator preparation institute programs, the standard
4911 tuition shall be $71.98 per credit hour for residents and
4912 nonresidents, and the out-of-state fee shall be $215.94 per
4913 credit hour.
4914 (b) Effective July 1, 2014, For baccalaureate degree
4915 programs, the following tuition and fee rates shall apply:
4916 1. The tuition shall be $91.79 per credit hour for students
4917 who are residents for tuition purposes.
4918 2. The sum of the tuition and the out-of-state fee per
4919 credit hour for students who are nonresidents for tuition
4920 purposes shall be no more than 85 percent of the sum of the
4921 tuition and the out-of-state fee at the state university nearest
4922 the Florida College System institution.
4923 (22) Beginning with the 2024-2025 academic year, Miami Dade
4924 College, Polk State College, and Tallahassee State College
4925 Tallahassee Community College are authorized to charge an amount
4926 not to exceed $290 per credit hour for nonresident tuition and
4927 fees for distance learning. Such institutions may phase in this
4928 nonresident tuition rate by degree program.
4929 Reviser’s note.—Subsection (3) is amended to delete obsolete
4930 language. Subsection (22) is amended to confirm an
4931 editorial substitution to conform to the redesignation of
4932 name of the college by s. 1, ch. 2024-43, Laws of Florida.
4933 Section 110. Paragraph (a) of subsection (4) of section
4934 1009.895, Florida Statutes, is amended to read:
4935 1009.895 Open Door Grant Program.—
4936 (4) DISTRIBUTION OF FUNDS.—
4937 (a) For the 2023-2024 fiscal year, funding for eligible
4938 institutions must consist of a base amount provided for in the
4939 General Appropriations Act plus each institution’s proportionate
4940 share of full-time equivalent students enrolled in career and
4941 technical education programs. Beginning in fiscal year 2024
4942 2025, the funds appropriated for the Open Door Grant Program
4943 must be distributed to eligible institutions in accordance with
4944 a formula approved by the State Board of Education. The formula
4945 must consider at least the prior year’s distribution of funds
4946 and the number of eligible applicants who did not receive
4947 awards.
4948 Reviser’s note.—Amended to delete obsolete language.
4949 Section 111. Subsections (3) and (6) of section 1011.804,
4950 Florida Statutes, are amended to read:
4951 1011.804 GATE Startup Grant Program.—
4952 (3) The department may solicit proposals from institutions
4953 without programs that meet the requirements of s. 1004.933
4954 1004.933(2). Such institutions must be located in or serve a
4955 rural area of opportunity as designated by the Governor.
4956 (6) Grant funds may be used for planning activities and
4957 other expenses associated with the creation of the GATE Program,
4958 such as expenses related to program instruction, instructional
4959 equipment, supplies, instructional personnel, and student
4960 services. Grant funds may not be used for indirect costs. Grant
4961 recipients must submit an annual report in a format prescribed
4962 by the department. The department shall consolidate such annual
4963 reports and include the reports in the report required by s.
4964 1004.933(6) 1004.933(5).
4965 Reviser’s note.—Subsection (3) is amended to revise a cross
4966 reference; s. 1004.933(2) creates the Graduation
4967 Alternative to Traditional Education (GATE) Program but
4968 does not provide specific requirements. Subsection (6) is
4969 amended to correct a cross-reference to conform to the
4970 location of reporting requirements in s. 1004.933(6);
4971 subsection (5) of that section relates to department
4972 responsibilities.
4973 Section 112. Paragraph (h) of subsection (1) of section
4974 1012.22, Florida Statutes, is amended to read:
4975 1012.22 Public school personnel; powers and duties of the
4976 district school board.—The district school board shall:
4977 (1) Designate positions to be filled, prescribe
4978 qualifications for those positions, and provide for the
4979 appointment, compensation, promotion, suspension, and dismissal
4980 of employees as follows, subject to the requirements of this
4981 chapter:
4982 (h) Planning and training time for teachers.—The district
4983 school board shall adopt rules to make provisions for teachers
4984 to have time for lunch, professional planning, and professional
4985 learning time when they will not be directly responsible for the
4986 children if some adult supervision is furnished for the students
4987 during such periods.
4988 Reviser’s note.—Amended to confirm an editorial deletion to
4989 eliminate redundancy.
4990 Section 113. Section 1012.315, Florida Statutes, is
4991 reenacted to read:
4992 1012.315 Screening standards.—A person is ineligible for
4993 educator certification or employment in any position that
4994 requires direct contact with students in a district school
4995 system, a charter school, or a private school that participates
4996 in a state scholarship program under chapter 1002 if the person:
4997 (1) Is on the disqualification list maintained by the
4998 department under s. 1001.10(4)(b);
4999 (2) Is registered as a sex offender as described in 42
5000 U.S.C. s. 9858f(c)(1)(C);
5001 (3) Is ineligible based on a security background
5002 investigation under s. 435.04(2). Beginning January 1, 2025, or
5003 a later date as determined by the Agency for Health Care
5004 Administration, the Agency for Health Care Administration shall
5005 determine the eligibility of employees in any position that
5006 requires direct contact with students in a district school
5007 system, a charter school, or a private school that participates
5008 in a state scholarship program under chapter 1002;
5009 (4) Would be ineligible for an exemption under s.
5010 435.07(4)(c); or
5011 (5) Has been convicted or found guilty of, has had
5012 adjudication withheld for, or has pled guilty or nolo contendere
5013 to:
5014 (a) Any criminal act committed in another state or under
5015 federal law which, if committed in this state, constitutes a
5016 disqualifying offense under s. 435.04(2).
5017 (b) Any delinquent act committed in this state or any
5018 delinquent or criminal act committed in another state or under
5019 federal law which, if committed in this state, qualifies an
5020 individual for inclusion on the Registered Juvenile Sex Offender
5021 List under s. 943.0435(1)(h)1.d.
5022 Reviser’s note.—Section 8, ch. 2024-132, Laws of Florida,
5023 amended paragraph (1)(y), but failed to incorporate the
5024 amendment to s. 1012.315 by s. 8, ch. 2023-220, Laws of
5025 Florida, effective July 1, 2024, which deleted former
5026 subsection (1), including paragraph (y). Section 1012.315
5027 is reenacted to conform to the fact that the amendment by
5028 s. 8, ch. 2024-132, cannot be incorporated into the text of
5029 the section as amended by s. 8, ch. 2023-220.
5030 Section 114. Paragraph (a) of subsection (2) of section
5031 1012.55, Florida Statutes, is amended to read:
5032 1012.55 Positions for which certificates required.—
5033 (2)(a)1. Each person who is employed and renders service as
5034 an athletic coach in any public school in any district of this
5035 state shall:
5036 a. Hold a valid temporary or professional certificate or an
5037 athletic coaching certificate. The athletic coaching certificate
5038 may be used for either part-time or full-time positions.
5039 b. Hold and maintain a certification in cardiopulmonary
5040 resuscitation, first aid, and the use of an automated automatic
5041 external defibrillator. The certification must be consistent
5042 with national evidence-based emergency cardiovascular care
5043 guidelines.
5044 2. The provisions of this subsection do not apply to any
5045 athletic coach who voluntarily renders service and who is not
5046 employed by any public school district of this state.
5047 Reviser’s note.—Amended to confirm an editorial substitution to
5048 conform to the correct name of the device.
5049 Section 115. This act shall take effect on the 60th day
5050 after adjournment sine die of the session of the Legislature in
5051 which enacted.