Florida Senate - 2026 SB 104
By Senator Passidomo
28-00246-26 2026104__
1 A reviser’s bill to be entitled
2 An act relating to the Florida Statutes; amending ss.
3 7.03, 7.05, 7.16, 7.38, 7.42, 7.54, 7.58, 7.66,
4 82.036, 100.371, 112.19, 112.191, 112.22, 125.01055,
5 166.04151, 202.34, 212.08, 212.099, 212.13, 258.004,
6 288.062, 316.193, 327.4111, 330.41, 332.136, 338.26,
7 388.46, 391.026, 394.4575, 400.126, 400.191, 409.910,
8 409.979, 427.703, 429.55, 445.004, 497.271, 570.321,
9 599.012, 679.3171, 679.613, 718.111, 718.112, 718.501,
10 718.503, 719.106, 720.303, 782.071, 782.072, 790.052,
11 823.11, 836.13, 893.03, 914.27, 916.111, 916.115,
12 921.0022, 934.255, 945.42, 945.485, 951.27, 984.151,
13 984.19, 984.21, 1003.27, 1008.25, 1011.61, and
14 1012.552, F.S.; deleting provisions that have expired,
15 have become obsolete, have had their effect, have
16 served their purpose, or have been impliedly repealed
17 or superseded; replacing incorrect cross-references
18 and citations; correcting grammatical, typographical,
19 and like errors; removing inconsistencies,
20 redundancies, and unnecessary repetition in the
21 statutes; and improving the clarity of the statutes
22 and facilitating their correct interpretation;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 7.03, Florida Statutes, is amended to
28 read:
29 7.03 Bay County.—The boundary lines of Bay County are as
30 follows: Beginning at the southwest corner of section eighteen
31 in township two, north, range eleven, west; thence west on the
32 section line to the southwest corner of section eighteen in
33 township two, north, range twelve, west; thence south on the
34 range line dividing ranges twelve and thirteen, west, to the
35 Meridian base line; thence west on the base line to the thread
36 of Pine Log Creek in range sixteen, west; thence southwesterly
37 along the thread of said creek into the Choctawhatchee River to
38 the thread of said river; thence southwesterly along the thread
39 of said river to a point where said river intersects the range
40 line dividing ranges seventeen and eighteen, west; thence south
41 on said range line to the Gulf of America; thence in a
42 southeasterly southeastwardly direction following the
43 meanderings of said gulf, including the waters of said gulf
44 within the jurisdiction of the State of Florida, including all
45 islands opposite the shoreline to a point where range line
46 dividing ranges eleven and twelve, west, intersects with said
47 gulf; thence north on said range line to place of beginning.
48 Reviser’s note.—Amended to conform to the preferred form of
49 directional terms used in Florida Statutes.
50 Section 2. Section 7.05, Florida Statutes, is amended to
51 read:
52 7.05 Brevard County.—The boundary lines of Brevard County
53 are as follows: Beginning in the thread of the St. Johns River
54 where the line dividing townships twenty-one and twenty-two
55 south, intersects said river; thence east on said township line
56 to the range line dividing ranges thirty-three and thirty-four
57 east; thence north on said range line to where the same
58 intersects the line dividing townships nineteen and twenty
59 south; thence east on said township line to the Atlantic Ocean;
60 thence southward along the Atlantic coast, including the waters
61 of the Atlantic Ocean within the jurisdiction of Florida, to the
62 intersection with the centerline of the Sebastian Inlet produced
63 easterly eastwardly, said inlet being in section twenty of
64 township thirty south range thirty-nine east; thence westerly on
65 said centerline and continuing southwesterly along the
66 centerline of the approach channel to said inlet from the Indian
67 River to a point due east of the mouth of the St. Sebastian
68 River; thence due west to the mouth of the St. Sebastian River;
69 thence south along the thread of the St. Sebastian River and the
70 thread of the south fork of the St. Sebastian River to a point
71 where the line dividing townships thirty and thirty-one south
72 intersects the thread of said south fork; thence west on said
73 township line to the line dividing ranges thirty-four and
74 thirty-five east; thence north on said range line to the
75 northeast corner of township twenty-five south, range thirty
76 four east and the St. Johns River; thence northerly following
77 the thread of said river to the point of beginning.
78 Reviser’s note.—Amended to conform to the preferred form of
79 directional terms used in Florida Statutes.
80 Section 3. Section 7.16, Florida Statutes, is amended to
81 read:
82 7.16 Duval County.—The boundary lines of Duval County are
83 as follows: Beginning at the mouth of the Nassau River; thence
84 up the thread of the main stream of said river to the run of
85 Thomas Swamp; thence up the run of said swamp to where same
86 would intersect the prolongation of a line drawn from the
87 southwest corner of township one north, of range twenty-five
88 east, to the southwest corner of township two south, of range
89 twenty-three east; thence on said last-mentioned line in a
90 southwesterly direction to where its extension would intersect
91 the range line dividing ranges twenty-two and twenty-three east;
92 thence south on said range line, concurrent with the Baker
93 County line, to the dividing line between townships three and
94 four south; thence east on said township line, concurrent with
95 the north boundary of Clay County, to its intersection with the
96 easterly limited access right-of-way line of U.S. 17, said point
97 being located south 88°33′33″ west 2.37 feet of the southwest
98 corner of Lot 12, Block 11 of Island View Subdivision, according
99 to the plat thereof recorded in Plat Book 6, page 10, Public
100 Records of Duval County, Florida; thence, along the limited
101 access boundary of State Road 9-A, north 08°45′26″ east 119.74
102 feet; thence north 38°21′40″ east 165.23 feet; thence north
103 49°31′32″ east 101.97 feet, thence north 64°29′41″ east 145.12
104 feet; thence north 83°23′50″ east 290.48 feet to the beginning
105 of a curve concave to the south and having a radius of 22,768.31
106 feet; thence, from a tangent bearing of south 89°51′51″ east,
107 run easterly 1,466.89 feet along said curve through a central
108 angle of 03°41′29″ to the end of said curve; thence south
109 86°10′22″ east 891.45 feet; thence south 86°49′27″ east 228.51
110 feet; thence north 87°54′15″ east 816.30 feet, thence south
111 86°49′27″ east, to the west margin of the main channel of the
112 St. Johns River; thence southerly along the west margin of the
113 main channel of said river, concurrent with the east boundary of
114 Clay County, to a point where a line drawn due west from the
115 mouth of Julington Creek would intersect said western margin of
116 the main channel of the St. Johns River; thence, concurrent with
117 the north boundary of St. Johns County, due east to the mouth of
118 Julington Creek; thence along the thread of said Julington Creek
119 to the south bank of Durbin Creek; thence easterly eastwardly
120 along the south bank of said Durbin Creek to a point where the
121 range line dividing ranges twenty-seven and twenty-eight east
122 intersects said south bank; thence south on said range line to
123 the southwest corner of township four south, range twenty-eight
124 east; thence east on the township line dividing townships four
125 and five south to the southeast corner of township four south,
126 range twenty-eight east; thence north on twenty-nine east to a
127 point where an extension of the section line between sections
128 eight and seventeen and sections nine and sixteen, township
129 three south, range twenty-nine east, would intersect said
130 section line; thence east on said section line to the Atlantic
131 Ocean; thence northward along the Atlantic coast, including the
132 waters of said ocean within the jurisdiction of the State of
133 Florida, to the point of beginning. Excluding from Duval County
134 the following described parcel of land. Begin at the
135 intersection of the north line of township four south with the
136 easterly right-of-way line of State Road 21, also known as
137 Blanding Boulevard, said east right-of-way line bearing north
138 00°02′42″ west; thence north 52°48′22″ east 2,239.0 feet; thence
139 north 40°33′35″ west 301.54 feet; thence north 24°10′22″ east
140 40.18 feet to an intersection with the southerly limited access
141 right-of-way line of State Road 9-A, also known as Interstate
142 295; thence along the southerly and easterly right-of-way line
143 of said State Road 9-A the following 6 courses; thence south
144 66°10′44″ east 1,883.20 feet to the point of curvature of a
145 curve concave northerly and having a radius of 5,879.578 feet;
146 thence southeasterly 2,592.53 feet along and around said curve
147 through a central angle of 25°15′50″ to the point of tangency of
148 said curve; thence north 88°33′33″ east 3,540.04 feet; thence
149 south 78°13′41″ east 219.09 feet; thence south 61°03′20″ east
150 233.15 feet; thence south 52°38′29″ east 379.68 feet to an
151 intersection with the northerly line of said township four
152 south; thence departing said right-of-way line, run thence west
153 along said north line of township four south to the point of
154 beginning.
155 Reviser’s note.—Amended to conform to the preferred form of
156 directional terms used in Florida Statutes.
157 Section 4. Section 7.38, Florida Statutes, is amended to
158 read:
159 7.38 Levy County.—The boundary lines of Levy County are as
160 follows: Beginning at the mouth of the most southern outlet of
161 the Big Withlacoochee River, running in an easterly eastwardly
162 direction, including all the islands in the mouth of said river,
163 along the thread of said river to where the range line dividing
164 ranges seventeen and eighteen east intersects said river; thence
165 north on said range line to the township line between townships
166 fourteen and fifteen south; thence east on said township line to
167 the middle line of township fourteen south, range nineteen east;
168 thence north on said middle line to the township line between
169 townships eleven and twelve south; thence west on said township
170 line to the range line between ranges seventeen and eighteen
171 east; thence north on said range line to the northeast corner of
172 section thirteen, township eleven south, range seventeen east;
173 thence west on the north line of said section thirteen and other
174 sections to the range line between ranges sixteen and seventeen
175 east; thence north on said range line to the township line
176 between townships ten and eleven south; thence west on said
177 township line to the range line between ranges fifteen and
178 sixteen east; thence north on said range line to the northeast
179 corner of section thirty-six, township ten south, range fifteen
180 east; thence west on the north boundary of said section thirty
181 six to the northwest corner of said section thirty-six, thence
182 north one half mile to the middle line of section twenty-six,
183 township ten south, range fifteen east; thence west on the
184 middle line of said section twenty-six and other sections to the
185 range line between ranges fourteen and fifteen east; thence
186 north to the northeast corner of section twenty-five, township
187 ten south, range fourteen east; thence west on the north line of
188 said section twenty-five and other sections to the thread of the
189 Suwannee River; thence southerly along the thread of the main
190 stream of said river to its mouth; thence south and easterly
191 along the Gulf of America, including all the islands, keys, and
192 the waters of said gulf within the jurisdiction of the State of
193 Florida, to the point of beginning.
194 Reviser’s note.—Amended to conform to the preferred form of
195 directional terms used in Florida Statutes.
196 Section 5. Section 7.42, Florida Statutes, is amended to
197 read:
198 7.42 Marion County.—The boundary lines of Marion County are
199 as follows: Beginning in the thread of the Withlacoochee River,
200 at the range line dividing ranges seventeen and eighteen east;
201 thence north to the township line dividing townships fourteen
202 and fifteen south; thence east on said township line to the
203 middle of township fourteen south, range nineteen east; thence
204 north to the line dividing townships eleven and twelve south;
205 thence east on said township line to Orange Lake; thence down
206 said lake along its southern margin to Orange Creek; thence
207 northerly and easterly down the thread of said creek to its
208 junction with the Oklawaha River; thence northeasterly down the
209 south side of the Oklawaha River at low-water mark to a point on
210 the south side of the Oklawaha River at low-water mark, where
211 the range line dividing ranges twenty-four and twenty-five east
212 in township eleven south, crosses said river; thence south on
213 said range line to where it intersects the township line
214 dividing townships eleven and twelve south; thence east on said
215 township line to where it intersects the section line dividing
216 sections two and three, in township twelve south, of range
217 twenty-five east; thence south on said section line and other
218 section lines to the southwest corner of section twenty-three of
219 said township twelve south, of range twenty-five east; thence
220 east on the section line dividing sections twenty-three and
221 twenty-six and other section lines to the range line dividing
222 ranges twenty-five and twenty-six east; thence south on said
223 range line to the southwest corner of section seven, township
224 thirteen south, range twenty-six east; thence east on the
225 section line dividing sections seven and eighteen, township
226 thirteen south, range twenty-six east, and other section lines
227 to the west shore of Lake George; thence southerly southwardly
228 along the shore of Lake George to the mouth of Sulphur Spring;
229 thence along the western bank of Lake George until it arrives at
230 range line dividing ranges twenty-six and twenty-seven east;
231 thence south on said range line to township line dividing
232 townships seventeen and eighteen south; thence due west on the
233 said township line to the thread of the Withlacoochee River;
234 thence northwesterly down the thread of said last mentioned
235 river to the place of beginning.
236 Reviser’s note.—Amended to conform to the preferred form of
237 directional terms used in Florida Statutes.
238 Section 6. Section 7.54, Florida Statutes, is amended to
239 read:
240 7.54 Putnam County.—The boundary lines of Putnam County are
241 as follows: Beginning at a point on the south side of the
242 Oklawaha River at low watermark where the range line dividing
243 ranges twenty-four and twenty-five east, township eleven south,
244 crosses said river; thence south on said range line to where
245 same intersects the township line dividing townships eleven and
246 twelve south; thence east on said township line to where same
247 intersects the section line dividing sections two and three,
248 township twelve south, range twenty-five east; thence south on
249 said section line and other section lines to the southwest
250 corner of section twenty-three of said township twelve south,
251 range twenty-five east; thence east on the section line dividing
252 sections twenty-three and twenty-six and other sections to the
253 range line dividing ranges twenty-five and twenty-six east;
254 thence south on said range line to the southwest corner of
255 section seven, township thirteen south, range twenty-six east;
256 thence east on the south boundary of said section seven and
257 other sections to the west shore of Lake George; thence
258 southerly southwardly along the shore of Lake George to the
259 mouth of Sulphur Spring; thence to a point on Lake George south
260 of the Spanish Grant, known as the Acosta Grant of land, and on
261 the northern boundary of Volusia County; thence in a direct line
262 and along the northern boundary of Volusia County to the most
263 southern part of Crescent Lake; thence along said northern
264 boundary of Volusia County, following the southeast shore of
265 Crescent Lake, to the mouth of Haw Creek and the boundary of
266 Flagler County; thence westerly and then northerly northwardly
267 along the boundary of Flagler County through the middle of
268 Crescent Lake crossing Bear Island on a line easterly of and
269 parallel to the west line of section nineteen, township twelve
270 south, range twenty-eight east, said line being 10,280 feet
271 easterly, measured at right angles from said west line of
272 section nineteen, which line crosses approximately in the center
273 of Bear Island, then continuing north and westerly through the
274 middle of Crescent Lake, to the range line dividing ranges
275 twenty-seven and twenty-eight east; thence north on said range
276 line to its intersection with Deep Creek; thence west along the
277 center of Deep Creek to the mouth thereof; thence due west to
278 the west margin of the main channel of the St. Johns River;
279 thence northerly along the west margin of the main channel of
280 said river to the intersection of the south boundary line of
281 township seven south with said river; thence west on said
282 township line to its intersection with the north margin of the
283 Bellamy or federal road leading from St. Augustine to
284 Tallahassee; thence south and westerly along the north margin of
285 said road to the point of intersection with such margin of a
286 northerly extension of the east boundary line of Hillcrest on
287 the Lake, a subdivision, as same appears of record in Plat Book
288 2, page 52, Public Records of Clay County; thence south along
289 the east boundary line of such subdivision to the southeast
290 corner of such subdivision; thence west along the south boundary
291 line of such subdivision to a point intersecting the north
292 margin of the Bellamy Road; thence south and westerly along the
293 north margin of said road to where same intersects the north
294 boundary of section seventeen, township nine south, range
295 twenty-three east; thence west on the section line between
296 sections eight and seventeen, seven and eighteen, township nine
297 south, range twenty-three east, to the southeast corner of said
298 section seven; thence continue west on the section line between
299 sections twelve and thirteen, township nine south, range twenty
300 two east to Santa Fe Lake; thence in a southeasterly direction
301 to a point on the range line dividing ranges twenty-two and
302 twenty-three east where said range line is intersected by the
303 Bellamy Road; thence south on said range line to where the same
304 intersects the thread of Orange Creek; thence westerly along the
305 thread of said creek to the intersection of same with the
306 Oklawaha River; thence westerly along the south bank of said
307 river at low watermark to the place of beginning.
308 Reviser’s note.—Amended to conform to the preferred form of
309 directional terms used in Florida Statutes.
310 Section 7. Section 7.58, Florida Statutes, is amended to
311 read:
312 7.58 St. Johns County.—The boundary lines of St. Johns
313 County are as follows: Beginning at a point on the Atlantic
314 coast, at a point where the section line between ten and
315 fifteen, in township three south of range twenty-nine east,
316 intersects the said Atlantic coast; thence west on the said
317 section line to a point where said section line would intersect
318 the range line between ranges twenty-eight and twenty-nine east;
319 thence south on said range line to a point where said range line
320 intersects the township line between townships four and five
321 south; thence west on the township line between townships four
322 and five south, in range twenty-eight east, to a point where
323 said township line intersects the range line between ranges
324 twenty-seven and twenty-eight east; thence north on said range
325 line to where the same intersects Durbin Creek; thence along the
326 south bank of Durbin Creek to Julington Creek; thence along the
327 thread of Julington Creek to the mouth thereof; thence due west
328 to the west margin of the main channel of the St. Johns River
329 and boundary line of Clay County; thence southerly southwardly
330 along the west margin of the main channel of said river and
331 boundaries of Clay and Putnam Counties to a point due west of
332 the mouth of Deep Creek; thence due east to the mouth of Deep
333 Creek; thence up the center of Deep Creek to the point of
334 intersection of Deep Creek with the range lines between ranges
335 twenty-seven and twenty-eight east; thence south on said range
336 line to a point where the south boundary line of section
337 eighteen, in township ten south, range twenty-eight east,
338 intersects said range line; thence east on said section line to
339 the range line between ranges twenty-nine and thirty east;
340 thence north on said range line to the middle of Pellicer’s
341 Creek; thence easterly on an imaginary line down the middle of
342 said creek to the mouth of said creek; thence northeasterly on
343 an imaginary line extending from the mouth of Pellicer’s Creek
344 to a point on the extension of township line between townships
345 nine and ten south, range thirty-one east and immediately north
346 of Summer Haven on the Atlantic coast; thence northerly
347 northwardly along said Atlantic coast, including the waters of
348 the Atlantic Ocean within the jurisdiction of the State of
349 Florida, to place of beginning.
350 Reviser’s note.—Amended to conform to the preferred form of
351 directional terms used in Florida Statutes.
352 Section 8. Section 7.66, Florida Statutes, is amended to
353 read:
354 7.66 Walton County.—The boundary lines of Walton County are
355 as follows: Beginning on the Alabama state line where same is
356 intersected by the line dividing centrally range eighteen west;
357 thence south on the section lines to the line dividing townships
358 two and three north, in range eighteen west; thence east to the
359 Choctawhatchee River; thence down the thread of the
360 Choctawhatchee River to a point where said Choctawhatchee River
361 intersects the range line dividing ranges seventeen and eighteen
362 west; thence south on said range line to the Gulf of America;
363 thence in a westerly westwardly direction following the
364 meanderings of said gulf, including the waters of said gulf
365 within the jurisdiction of the State of Florida, to the range
366 line dividing ranges twenty-one and twenty-two west; thence
367 north on said line to the dividing line between Florida and
368 Alabama; thence easterly along said state line to the place of
369 beginning.
370 Reviser’s note.—Amended to conform to the preferred form of
371 directional terms used in Florida Statutes.
372 Section 9. Subsection (3) of section 82.036, Florida
373 Statutes, is amended to read:
374 82.036 Limited alternative remedy to remove unauthorized
375 persons from residential real property.—
376 (3) To request the immediate removal of an unlawful
377 occupant of a residential dwelling, the property owner or his or
378 her authorized agent must submit a complaint by presenting a
379 completed and verified Complaint to Remove Persons Unlawfully
380 Occupying Residential Real Property to the sheriff of the county
381 in which the real property is located. The submitted complaint
382 must be in substantially the following form:
383
384 COMPLAINT TO REMOVE PERSONS UNLAWFULLY
385 OCCUPYING RESIDENTIAL REAL PROPERTY
386
387 I, the owner or authorized agent of the owner of the real
388 property located at ...(address of property)... ........,
389 declare under the penalty of perjury that (initial each box):
390 1. .... I am the owner of the real property or the
391 authorized agent of the owner of the real property.
392 2. .... I purchased the property on ...(date of
393 purchase)... .....
394 3. .... The real property is a residential dwelling.
395 4. .... An unauthorized person or persons have unlawfully
396 entered and are remaining or residing unlawfully on the real
397 property.
398 5. .... The real property was not open to members of the
399 public at the time the unauthorized person or persons entered.
400 6. .... I have directed the unauthorized person or persons
401 to leave the real property, but they have not done so.
402 7. .... The person or persons are not current or former
403 tenants pursuant to any valid lease authorized by the property
404 owner, and any lease that may be produced by an occupant is
405 fraudulent.
406 8. .... The unauthorized person or persons sought to be
407 removed are not an owner or a co-owner of the property and have
408 not been listed on the title to the property unless the person
409 or persons have engaged in title fraud.
410 9. .... The unauthorized person or persons are not
411 immediate family members of the property owner.
412 10. .... There is no litigation related to the real
413 property pending between the property owner and any person
414 sought to be removed.
415 11. .... I understand that a person or persons removed from
416 the property pursuant to this procedure may bring a cause of
417 action against me for any false statements made in this
418 complaint, or for wrongfully using this procedure, and that as a
419 result of such action I may be held liable for actual damages,
420 penalties, costs, and reasonable attorney fees.
421 12. .... I am requesting the sheriff to immediately remove
422 the unauthorized person or persons from the residential
423 property. I authorize the sheriff to enter the property using
424 reasonably necessary force, to search the property, and to
425 remove any unauthorized person or persons.
426 13. .... A copy of my valid government-issued
427 identification is attached, or I am an agent of the property
428 owner, and documents evidencing my authority to act on the
429 property owner’s behalf are attached.
430
431 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH
432 STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS
433 MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,
434 PUNISHABLE AS PROVIDED IN SECTION 92.525, FLORIDA STATUTES.
435
436 ...(Signature of Property Owner or Agent of Owner)...
437
438 Reviser’s note.—Amended conform to general style in forms.
439 Section 10. Paragraph (c) of subsection (4) of section
440 100.371, Florida Statutes, is amended to read:
441 100.371 Initiatives; procedure for placement on ballot.—
442 (4)
443 (c) An application for registration must be submitted in
444 the format required by the Secretary of State and must include
445 the following:
446 1. The information required to be on the petition form
447 under s. 101.161, including the ballot summary and title as
448 received by the Secretary of State.
449 2. The applicant’s name, permanent address, temporary
450 address, if applicable, date of birth, Florida driver license or
451 Florida identification card number, and the last four digits of
452 his or her social security number.
453 3. An address in this state at which the applicant will
454 accept service of process related to disputes concerning the
455 petition process.
456 4. A statement that the applicant consents to the
457 jurisdiction of the courts of this state in resolving disputes
458 concerning the petition process.
459 5. Any information required by the Secretary of State to
460 verify the applicant’s identity or address.
461 6. Whether the applicant has been convicted of a felony
462 violation and has not had his or her right to vote restored, by
463 including the statement, “I affirm that I am not a convicted
464 felon, or, if I am, my right to vote has been restored,” and
465 providing a box for the applicant to check to affirm the
466 statement.
467 7. Whether the applicant is a citizen of the United States,
468 by asking the question, “Are you a citizen of the United States
469 of America?” and providing boxes for the applicant to check
470 whether the applicant is or is not a citizen of the United
471 States.
472 8. Whether the applicant is a Florida resident by asking
473 the question, “Are you a resident of the State of Florida?” and
474 providing boxes for the applicant to check whether the applicant
475 is or is not a resident of the State of Florida.
476 9. The signature of the applicant under penalty of perjury
477 for false swearing pursuant to s. 104.011, by which the
478 applicant swears or affirms that the information contained in
479 the application is true.
480 Reviser’s note.—Amended to remove extraneous punctuation.
481 Section 11. Paragraph (h) of subsection (2) of section
482 112.19, Florida Statutes, is amended to read:
483 112.19 Law enforcement, correctional, and correctional
484 probation officers; death benefits.—
485 (2)
486 (h)1. Any employer who employs a full-time law enforcement,
487 correctional, or correctional probation officer who, on or after
488 January 1, 1995, suffers a catastrophic injury, as defined in s.
489 440.02, Florida Statutes 2002, in the line of duty shall pay the
490 entire premium of the employer’s health insurance plan for the
491 injured employee, for the injured employee’s spouse, and for
492 each dependent child of the injured employee until the child
493 reaches the age of majority or until the end of the calendar
494 year in which the child reaches the age of 25 if the child
495 continues to be dependent for support, or the child is a full
496 time or part-time student and is dependent for support. The term
497 “health insurance plan” does not include supplemental benefits
498 that are not part of the basic group health insurance plan. If
499 the injured employee subsequently dies, the employer shall
500 continue to pay the entire health insurance premium for the
501 surviving spouse until remarried, and for the dependent
502 children, under the conditions outlined in this paragraph.
503 However:
504 a. Health insurance benefits payable from any other source
505 shall reduce benefits payable under this section.
506 b. It is unlawful for a person to willfully and knowingly
507 make, or cause to be made, or to assist, conspire with, or urge
508 another to make, or cause to be made, any false, fraudulent, or
509 misleading oral or written statement to obtain health insurance
510 coverage as provided under this paragraph. A person who violates
511 this sub-subparagraph commits a misdemeanor of the first degree,
512 punishable as provided in s. 775.082 or s. 775.083.
513 c. In addition to any applicable criminal penalty, upon
514 conviction for a violation as described in sub-subparagraph b.,
515 a law enforcement, correctional, or correctional probation
516 officer or other beneficiary who receives or seeks to receive
517 health insurance benefits under this paragraph shall forfeit the
518 right to receive such health insurance benefits, and shall
519 reimburse the employer for all benefits paid due to the fraud or
520 other prohibited activity. For purposes of this sub
521 subparagraph, the term “conviction” means a determination of
522 guilt that is the result of a plea or trial, regardless of
523 whether adjudication is withheld.
524 2. In order for the officer, spouse, and dependent children
525 to be eligible for such insurance coverage, the injury must have
526 occurred while the officer was in the line of duty or engaged in
527 an official training exercise. Except as otherwise provided
528 herein, this paragraph may not be construed to limit health
529 insurance coverage for which the officer, spouse, or dependent
530 children may otherwise be eligible, except that a person who
531 qualifies under this section is not eligible for the health
532 insurance subsidy provided under chapter 121, chapter 175, or
533 chapter 185.
534 Reviser’s note.—Amended to improve clarity.
535 Section 12. Paragraph (g) of subsection (2) of section
536 112.191, Florida Statutes, is amended to read:
537 112.191 Firefighters; death benefits.—
538 (2)
539 (g)1. Any employer who employs a full-time firefighter who,
540 on or after January 1, 1995, suffers a catastrophic injury, as
541 defined in s. 440.02, Florida Statutes 2002, in the line of duty
542 shall pay the entire premium of the employer’s health insurance
543 plan for the injured employee, for the injured employee’s
544 spouse, and for each dependent child of the injured employee
545 until the child reaches the age of majority or until the end of
546 the calendar year in which the child reaches the age of 25 if
547 the child continues to be dependent for support, or the child is
548 a full-time or part-time student and is dependent for support.
549 The term “health insurance plan” does not include supplemental
550 benefits that are not part of the basic group health insurance
551 plan. If the injured employee subsequently dies, the employer
552 shall continue to pay the entire health insurance premium for
553 the surviving spouse until remarried, and for the dependent
554 children, under the conditions outlined in this paragraph.
555 However:
556 a. Health insurance benefits payable from any other source
557 shall reduce benefits payable under this section.
558 b. It is unlawful for a person to willfully and knowingly
559 make, or cause to be made, or to assist, conspire with, or urge
560 another to make, or cause to be made, any false, fraudulent, or
561 misleading oral or written statement to obtain health insurance
562 coverage as provided under this paragraph. A person who violates
563 this sub-subparagraph commits a misdemeanor of the first degree,
564 punishable as provided in s. 775.082 or s. 775.083.
565 c. In addition to any applicable criminal penalty, upon
566 conviction for a violation as described in sub-subparagraph b.,
567 a firefighter or other beneficiary who receives or seeks to
568 receive health insurance benefits under this paragraph shall
569 forfeit the right to receive such health insurance benefits, and
570 shall reimburse the employer for all benefits paid due to the
571 fraud or other prohibited activity. For purposes of this sub
572 subparagraph, the term “conviction” means a determination of
573 guilt that is the result of a plea or trial, regardless of
574 whether adjudication is withheld.
575 2. In order for the firefighter, spouse, and dependent
576 children to be eligible for such insurance coverage, the injury
577 must have occurred as the result of the firefighter’s response
578 to what is reasonably believed to be an emergency involving the
579 protection of life or property or an unlawful act perpetrated by
580 another, or the injury must have occurred during an official
581 training exercise in which the firefighter became totally and
582 permanently disabled. Except as otherwise provided herein, this
583 paragraph may not be construed to limit health insurance
584 coverage for which the firefighter, spouse, or dependent
585 children may otherwise be eligible, except that a person who
586 qualifies for benefits under this section is not eligible for
587 the health insurance subsidy provided under chapter 121, chapter
588 175, or chapter 185.
589
590 Notwithstanding any provision of this section to the contrary,
591 the death benefits provided in paragraphs (b), (c), and (f)
592 shall also be applicable and paid in cases where a firefighter
593 received bodily injury prior to July 1, 1993, and subsequently
594 died on or after July 1, 1993, as a result of such in-line-of
595 duty injury.
596 Reviser’s note.—Amended to improve clarity.
597 Section 13. Subsection (4) of section 112.22, Florida
598 Statutes, is amended to read:
599 112.22 Use of applications from foreign countries of
600 concern prohibited.—
601 (4)(a) Notwithstanding s. 120.74(4) and (5), the department
602 is authorized, and all conditions are deemed met, to adopt
603 emergency rules pursuant to s. 120.54(4) and to implement
604 paragraph (3)(a). Such rulemaking must occur initially by filing
605 emergency rules within 30 days after July 1, 2023.
606 (b) The department shall adopt rules necessary to
607 administer this section.
608 Reviser’s note.—Amended to delete an obsolete provision; rule
609 60GG-2.008, Florida Administrative Code, became effective
610 December 18, 2023.
611 Section 14. Paragraph (e) of subsection (7) of section
612 125.01055, Florida Statutes, is amended to read:
613 125.01055 Affordable housing.—
614 (7)
615 (e)1. A proposed development authorized under this
616 subsection must be administratively approved without further
617 action by the board of county commissioners or any quasi
618 judicial or administrative board or reviewing body if the
619 development satisfies the county’s land development regulations
620 for multifamily developments in areas zoned for such use and is
621 otherwise consistent with the comprehensive plan, with the
622 exception of provisions establishing allowable densities, floor
623 area ratios, height, and land use. Such land development
624 regulations include, but are not limited to, regulations
625 relating to setbacks and parking requirements. A proposed
626 development located within one-quarter mile of a military
627 installation identified in s. 163.3175(2) may not be
628 administratively approved. Each county shall maintain on its
629 website a policy containing procedures and expectations for
630 administrative approval pursuant to this subsection. For
631 purposes of this subparagraph, the term “allowable density”
632 means the density prescribed for the property in accordance with
633 this subsection without additional requirements to procure and
634 transfer density units or development units from other
635 properties.
636 2. The county must administratively approve the demolition
637 of an existing structure associated with a proposed development
638 under this subsection, without further action by the board of
639 county commissioners or any quasi-judicial or administrative
640 board or reviewing body, if the proposed demolition otherwise
641 complies with all state and local regulations.
642 3. If the proposed development is on a parcel with a
643 contributing structure or building within a historic district
644 which was listed in the National Register of Historic Places
645 before January 1, 2000, or is on a parcel with a structure or
646 building individually listed in the National Register of
647 Historic Places, the county may administratively require the
648 proposed development to comply with local regulations relating
649 to architectural design, such as facade replication, provided it
650 does not affect height, floor area ratio, or of density of the
651 proposed development.
652 Reviser’s note.—Amended to confirm an editorial substitution to
653 conform to context.
654 Section 15. Paragraph (e) of subsection (7) of section
655 166.04151, Florida Statutes, is amended to read:
656 166.04151 Affordable housing.—
657 (7)
658 (e)1. A proposed development authorized under this
659 subsection must be administratively approved without further
660 action by the governing body of the municipality or any quasi
661 judicial or administrative board or reviewing body if the
662 development satisfies the municipality’s land development
663 regulations for multifamily developments in areas zoned for such
664 use and is otherwise consistent with the comprehensive plan,
665 with the exception of provisions establishing allowable
666 densities, floor area ratios, height, and land use. Such land
667 development regulations include, but are not limited to,
668 regulations relating to setbacks and parking requirements. A
669 proposed development located within one-quarter mile of a
670 military installation identified in s. 163.3175(2) may not be
671 administratively approved. Each municipality shall maintain on
672 its website a policy containing procedures and expectations for
673 administrative approval pursuant to this subsection. For
674 purposes of this paragraph, the term “allowable density” means
675 the density prescribed for the property in accordance with this
676 subsection without additional requirements to procure and
677 transfer density units or development units from other
678 properties.
679 2. The municipality must administratively approve the
680 demolition of an existing structure associated with a proposed
681 development under this subsection, without further action by the
682 governing body of the municipality or any quasi-judicial or
683 administrative board or reviewing body, if the proposed
684 demolition otherwise complies with all state and local
685 regulations.
686 3. If the proposed development is on a parcel with a
687 contributing structure or building within a historic district
688 which was listed in the National Register of Historic Places
689 before January 1, 2000, or is on a parcel with a structure or
690 building individually listed in the National Register of
691 Historic Places, the municipality may administratively require
692 the proposed development to comply with local regulations
693 relating to architectural design, such as facade replication,
694 provided it does not affect height, floor area ratio, or of
695 density of the proposed development.
696 Reviser’s note.—Amended to confirm an editorial substitution to
697 conform to context.
698 Section 16. Paragraph (f) of subsection (4) of section
699 202.34, Florida Statutes, is amended to read:
700 202.34 Records required to be kept; power to inspect; audit
701 procedure.—
702 (4)
703 (f) Once the notification required by paragraph (a) is
704 issued, the department, at any time, may respond to contact
705 initiated by a taxpayer to discuss the audit, and the taxpayer
706 may provide records or other information, electronically or
707 otherwise, to the department. The department may examine, at any
708 time, documentation and other information voluntarily provided
709 by the taxpayer, its representative, or other parties;
710 information already in the department’s possession; or publicly
711 available information. Examination by the department of such
712 information does not commence an audit if the review takes place
713 within 60 days after the notice of intent to conduct an audit.
714 The requirement in paragraph (a) does not prohibit the
715 department from making initial contact with the taxpayer to
716 confirm receipt of the notification or to confirm the date that
717 the audit will begin. If the taxpayer has not previously waived
718 the 60-day notice period and believes the department commenced
719 the audit before the 61st day, the taxpayer must object in
720 writing to the department before the issuance of an assessment
721 or the objection is waived. If the objection is not waived and
722 it is determined during a formal or informal protest that the
723 audit was commenced before the 61st day after the issuance of
724 the notice of intent to audit, the tolling period provided for
725 in s. 213.345 shall be considered lifted for the number of days
726 equal to the difference between the date the audit commenced and
727 the 61st day after the date of the department’s notice of intent
728 to audit.
729 Reviser’s note.—Amended to confirm an editorial insertion to
730 improve clarity.
731 Section 17. Paragraph (b) of subsection (20) of section
732 212.08, Florida Statutes, is amended to read:
733 212.08 Sales, rental, use, consumption, distribution, and
734 storage tax; specified exemptions.—The sale at retail, the
735 rental, the use, the consumption, the distribution, and the
736 storage to be used or consumed in this state of the following
737 are hereby specifically exempt from the tax imposed by this
738 chapter.
739 (20) ANNUAL BACK-TO-SCHOOL SALES TAX HOLIDAY.—
740 (b) The tax exemptions provided in this subsection do not
741 apply to sales within a theme park or entertainment complex as
742 defined in s. 509.013(9), within a public lodging establishment
743 as defined in s. 509.013(4), or within an airport as defined in
744 s. 330.27(3) s. 330.27(2).
745 Reviser’s note.—Amended to correct a cross-reference to conform
746 to the redesignation of subunits in s. 330.27 by s. 12, ch.
747 2025-155, Laws of Florida.
748 Section 18. Paragraph (a) of subsection (1), subsections
749 (2) and (3), paragraph (a) of subsection (4), and subsection (5)
750 of section 212.099, Florida Statutes, are amended to read:
751 212.099 Credit for contributions to eligible nonprofit
752 scholarship-funding organizations.—
753 (1) As used in this section, the term:
754 (a) “Eligible business” means a tenant or person actually
755 occupying, using, or entitled to the use of any property from
756 which the rental or license fee is subject to taxation under
757 former s. 212.031.
758 (2) An eligible business shall be granted a credit against
759 the tax imposed under former s. 212.031 and collected from the
760 eligible business by a dealer. The credit shall be in an amount
761 equal to 100 percent of an eligible contribution made to an
762 organization on or before July 1, 2025.
763 (3) A dealer shall take a credit against the tax imposed
764 under former s. 212.031 in an amount equal to the credit taken
765 by the eligible business under subsection (2).
766 (4)(a) An eligible business must apply to the department
767 for an allocation of tax credits under this section. The
768 eligible business must specify in the application the state
769 fiscal year during which the contribution will be made, the
770 organization that will receive the contribution, the planned
771 amount of the contribution, the address of the property from
772 which the rental or license fee is subject to taxation under
773 former s. 212.031, and the federal employer identification
774 number of the dealer who collects the tax imposed under former
775 s. 212.031 from the eligible business and who will reduce
776 collection of taxes from the eligible business pursuant to this
777 section. The department shall approve allocations of tax credits
778 on a first-come, first-served basis and shall provide to the
779 eligible business a separate approval or denial letter for each
780 dealer for which the eligible business applied for an allocation
781 of tax credits. The department may not approve any allocations
782 of tax credits after July 1, 2025. Within 10 days after
783 approving or denying an application, the department shall
784 provide a copy of its approval or denial letter to the
785 organization specified by the eligible business in the
786 application. An approval letter must include the name and
787 federal employer identification number of the dealer from whom a
788 credit under this section can be taken and the amount of tax
789 credits approved for use with that dealer.
790 (5) Each dealer that receives from an eligible business a
791 copy of the department’s approval letter and a certificate of
792 contribution, both of which identify the dealer as the dealer
793 who collects the tax imposed under former s. 212.031 from the
794 eligible business and who will reduce collection of taxes from
795 the eligible business pursuant to this section, shall reduce the
796 tax collected from the eligible business under former s. 212.031
797 by the total amount of contributions indicated in the
798 certificate of contribution. The reduction may not exceed the
799 amount of credit allocation approved by the department and may
800 not exceed the amount of tax that would otherwise be collected
801 from the eligible business by a dealer when a payment is made
802 under the rental or license fee arrangement. However, payments
803 by an eligible business to a dealer may not be reduced before
804 October 1, 2018, or after October 1, 2025.
805 (a) If the total amount of credits an eligible business may
806 take cannot be fully used within any period that a payment is
807 due under the rental or license fee arrangement because of an
808 insufficient amount of tax that the dealer would collect from
809 the eligible business during that period, the unused amount may
810 be carried forward for a period not to exceed 10 years.
811 (b) Notwithstanding any other law, after July 1, 2025, any
812 unused earned credit held by an eligible business may be claimed
813 through a refund. An eligible business must attach a copy of the
814 department’s approval letter and the certificate of contribution
815 to its refund application, which must be submitted to the
816 department by December 31, 2026, in order to receive the refund.
817 (c) A tax credit may not be claimed on an amended return.
818 (d) A dealer that claims a tax credit must file returns and
819 pay taxes by electronic means under s. 213.755.
820 (e) An eligible business may not convey, assign, or
821 transfer an approved tax credit or a carryforward tax credit to
822 another entity unless all of the assets of the eligible business
823 are conveyed, assigned, or transferred in the same transaction
824 and the successor business continues the same lease with the
825 dealer.
826 (f) Within any state fiscal year, an eligible business may
827 rescind all or part of a tax credit approved under this section.
828 The amount rescinded shall become available for that state
829 fiscal year to another eligible business as approved by the
830 department if the business receives notice from the department
831 that the rescindment has been accepted by the department. Any
832 amount rescinded under this subsection shall become available to
833 an eligible business on a first-come, first-served basis based
834 on tax credit applications received after the date the
835 rescindment is accepted by the department.
836 (g) Within 10 days after the rescindment of a tax credit
837 under paragraph (f) is accepted by the department, the
838 department shall notify the eligible nonprofit scholarship
839 funding organization specified by the eligible business. The
840 department shall also include the eligible nonprofit
841 scholarship-funding organization specified by the eligible
842 business on all letters or correspondence of acknowledgment for
843 tax credits under this section.
844 Reviser’s note.—Amended to conform to the repeal of s. 212.031
845 by s. 37, ch. 2025-208, Laws of Florida.
846 Section 19. Paragraph (f) of subsection (5) of section
847 212.13, Florida Statutes, is amended to read:
848 212.13 Records required to be kept; power to inspect; audit
849 procedure.—
850 (5)
851 (f) Once the notification required by paragraph (a) is
852 issued, the department, at any time, may respond to contact
853 initiated by a taxpayer to discuss the audit, and the taxpayer
854 may provide records or other information, electronically or
855 otherwise, to the department. The department may examine, at any
856 time, documentation and other information voluntarily provided
857 by the taxpayer, its representative, or other parties;
858 information already in the department’s possession; or publicly
859 available information. Examination by the department of such
860 information does not commence an audit if the review takes place
861 within 60 days after the notice of intent to conduct an audit.
862 The requirement in paragraph (a) does not prohibit the
863 department from making initial contact with the taxpayer to
864 confirm receipt of the notification or to confirm the date that
865 the audit will begin. If the taxpayer has not previously waived
866 the 60-day notice period and believes the department commenced
867 the audit before the 61st day, the taxpayer must object in
868 writing to the department before the issuance of an assessment
869 or the objection is waived. If the objection is not waived and
870 it is determined during a formal or informal protest that the
871 audit was commenced before the 61st day after the issuance of
872 the notice of intent to audit, the tolling period provided for
873 in s. 213.345 shall be considered lifted for the number of days
874 equal to the difference between the date the audit commenced and
875 the 61st day after the date of the department’s notice of intent
876 to audit.
877 Reviser’s note.—Amended to confirm an editorial insertion to
878 improve clarity.
879 Section 20. Paragraph (b) of subsection (1) of section
880 258.004, Florida Statutes, is amended to read:
881 258.004 Duties of division.—
882 (1) The Division of Recreation and Parks of the Department
883 of Environmental Protection shall:
884 (b) Preserve, manage, regulate, and protect all parks and
885 recreational areas held by the state. The Division of Recreation
886 and Parks may provide these services by contract or interagency
887 agreement for any water management district when the governing
888 board of a water management district designates or sets aside
889 any park or recreation area within its boundaries.
890 1. All lands managed pursuant to this chapter must be
891 managed:
892 a. In a manner that will provide the greatest combination
893 of benefits to the public and to the land’s natural resources;
894 and
895 b. For conservation-based recreational uses and associated
896 facilities; public access and related amenities, including
897 roads, parking areas, walkways, and visitor centers; Florida
898 heritage and wildlife viewing, including preservation of
899 historical structures and activities such as glass bottom boat
900 tours; and scientific research, including archaeology. Such uses
901 must be managed in a manner that is compatible with and ensures
902 the conservation of this state’s natural resources by minimizing
903 impacts to undisturbed habitat. As used in this sub
904 subparagraph, the term “conservation-based recreational uses”
905 means public outdoor recreational activities that do not
906 significantly invade, degrade, or displace the natural
907 resources, native habitats, or archaeological or historical
908 sites that are preserved within state parks. These activities
909 include, but are not limited to, fishing, camping, bicycling,
910 hiking, nature study, swimming, boating, canoeing, horseback
911 riding, diving, birding, sailing, and jogging.
912 2. To ensure the protection of state park resources, native
913 habitats, and archaeological and historical sites, sporting
914 facilities, including, but not limited to, golf courses, tennis
915 courts, pickleball courts, ball fields, or other sporting
916 facilities, may not be constructed within the boundaries of
917 state parks. This subparagraph may not be construed to prohibit
918 the continued operation, maintenance, or repair of any such
919 sporting facilities, or other facilities, existing within a
920 state park.
921 Reviser’s note.—Amended to confirm an editorial insertion to
922 improve clarity.
923 Section 21. Paragraph (m) of subsection (2) of section
924 288.062, Florida Statutes, is amended to read:
925 288.062 Rural Community Investment Program.—
926 (2) As used in this section, the term:
927 (m) “Taxpayer” means a person who makes an investor
928 contribution and is a taxpayer as defined in s. 220.03(1)(z) s.
929 220.03(z) or a person with tax liability under s. 624.509.
930 Reviser’s note.—Amended to confirm an editorial substitution to
931 correct a cross-reference to conform to the correct
932 location of the term “taxpayer.”
933 Section 22. Paragraph (c) of subsection (3) of section
934 316.193, Florida Statutes, is amended to read:
935 316.193 Driving under the influence; penalties.—
936 (3) Any person:
937 (c) Who, by reason of such operation, causes or contributes
938 to causing:
939 1. Damage to the property or person of another commits a
940 misdemeanor of the first degree, punishable as provided in s.
941 775.082 or s. 775.083.
942 2. Serious bodily injury to another, as defined in s.
943 316.1933, commits a felony of the third degree, punishable as
944 provided in s. 775.082, s. 775.083, or s. 775.084.
945 3. The death of any human being or unborn child commits DUI
946 manslaughter, and commits:
947 a. A felony of the second degree, punishable as provided in
948 s. 775.082, s. 775.083, or s. 775.084.
949 b. A felony of the first degree, punishable as provided in
950 s. 775.082, s. 775.083, or s. 775.084, if:
951 (I) At the time of the crash, the person knew, or should
952 have known, that the crash occurred; and
953 (II) The person failed to give information and render aid
954 as required by s. 316.062.
955 c. A felony of the first degree, punishable as provided in
956 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
957 conviction under this subparagraph, s. 327.35(3)(a)3.c. s.
958 327.35(3)(c)3., s. 782.071, or s. 782.072.
959
960 For purposes of this subsection, the term “unborn child” has the
961 same meaning as provided in s. 775.021(5). A person who is
962 convicted of DUI manslaughter shall be sentenced to a mandatory
963 minimum term of imprisonment of 4 years.
964 Reviser’s note.—Amended to confirm an editorial substitution to
965 conform to the redesignation of subunits in s. 327.35(3) by
966 s. 6, ch. 2025-197, Laws of Florida.
967 Section 23. Subsection (4) of section 327.4111, Florida
968 Statutes, is amended to read:
969 327.4111 Long-term anchoring.—
970 (4) A person who engages in long-term anchoring of a vessel
971 within the waters of this state without a valid long-term
972 anchoring permit commits a noncriminal infraction, punishable as
973 provided in is s. 327.73.
974 Reviser’s note.—Amended to confirm an editorial insertion to
975 conform to context.
976 Section 24. Paragraph (g) of subsection (2) of section
977 330.41, Florida Statutes, is amended to read:
978 330.41 Unmanned Aircraft Systems Act.—
979 (2) DEFINITIONS.—As used in this act, the term:
980 (g) “Property owner” means the owner or owners of record of
981 real property. The term includes real property held in trust for
982 the benefit of one or more individuals, in which case the
983 individual or individuals may be considered as the property
984 owner or owners, provided that the trustee provides written
985 consent. The term does not include persons renting, using,
986 living in, or otherwise occupying real property.
987 Reviser’s note.—Amended to confirm an editorial insertion to
988 improve clarity.
989 Section 25. Subsection (4) of section 332.136, Florida
990 Statutes, is amended to read:
991 332.136 Sarasota Manatee Airport Authority; airport pilot
992 program.—
993 (4) This section shall stand repealed on June 30, 2028,
994 unless reviewed and saved from repeal appeal through reenactment
995 by the Legislature.
996 Reviser’s note.—Amended to conform to context.
997 Section 26. Paragraph (a) of subsection (3) of section
998 338.26, Florida Statutes, is amended to read:
999 338.26 Alligator Alley toll road.—
1000 (3)(a) Fees generated from tolls shall be deposited in the
1001 State Transportation Trust Fund and shall be used:
1002 1. To reimburse outstanding contractual obligations;
1003 2. To operate and maintain the highway and toll facilities,
1004 including reconstruction and restoration;
1005 3. To pay for those projects that are funded with Alligator
1006 Alley toll revenues and that are contained in the 1993-1994
1007 adopted work program or the 1994-1995 tentative work program
1008 submitted to the Legislature on February 22, 1994; and
1009 4. By interlocal agreement, to reimburse a local
1010 governmental entity for the direct actual costs of operating the
1011 fire station at mile marker 63 on Alligator Alley, which shall
1012 be used by the local governmental entity to provide fire,
1013 rescue, and emergency management services exclusively to the
1014 public on Alligator Alley. The local governmental entity must
1015 contribute 10 percent of the direct actual operating costs.
1016 a. The interlocal agreement effective July 1, 2019, through
1017 no later than June 30, 2027, shall control until such time that
1018 the local governmental entity and the department enter into a
1019 new agreement or agree to extend the existing agreement. For the
1020 2024-2025 fiscal year, the amount of reimbursement may not
1021 exceed $2 million.
1022 b. By December 31, 2024, and every 5 years thereafter, the
1023 local governmental entity shall provide a maintenance and
1024 operations comprehensive plan to the department. The
1025 comprehensive plan must include a current inventory of assets,
1026 including their projected service life, and area service needs;
1027 the call and response history for emergency services provided in
1028 the preceding 5 years on Alligator Alley, including costs; and
1029 future projections for assets and equipment, including
1030 replacement or purchase needs, and operating costs.
1031 c. The local governmental entity and the department shall
1032 review and adopt the comprehensive plan as part of the
1033 interlocal agreement.
1034 d. In accordance with projected incoming toll revenues for
1035 Alligator Alley, the department shall include the corresponding
1036 funding needs of the comprehensive plan in the department’s work
1037 program, and the local governmental entity shall include the
1038 same in its capital comprehensive plan and the appropriate
1039 fiscal year budget.
1040 e. At the end of the term of the interlocal agreement, the
1041 ownership and title of all fire, rescue, and emergency equipment
1042 purchased with state funds and used at the fire station during
1043 the term of the interlocal agreement transfers to the state.
1044 Reviser’s note.—Amended to delete obsolete language.
1045 Section 27. Paragraph (a) of subsection (2) of section
1046 388.46, Florida Statutes, is amended to read:
1047 388.46 Florida Coordinating Council on Mosquito Control;
1048 establishment; membership; organization; responsibilities.—
1049 (2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.—
1050 (a) Membership.—The Florida Coordinating Council on
1051 Mosquito Control shall be composed of the following
1052 representatives or their authorized designees:
1053 1. The Secretary of Environmental Protection.
1054 2. The State Surgeon General.
1055 3. The executive director of the Fish and Wildlife
1056 Conservation Commission.
1057 4. The state epidemiologist.
1058 5. The Commissioner of Agriculture.
1059 6. The Board of Trustees of the Internal Improvement Trust
1060 Fund.
1061 7. Representatives from:
1062 a. The University of Florida, Institute of Food and
1063 Agricultural Sciences, Florida Medical Entomological Research
1064 Laboratory.
1065 b. The United States Environmental Protection Agency.
1066 c. The United States Department of Agriculture, Center for
1067 of Medical, Agricultural, and Veterinary Entomology.
1068 d. The United States Fish and Wildlife Service.
1069 8. Four mosquito control directors to be nominated by the
1070 Florida Mosquito Control Association, two representatives of
1071 Florida environmental groups, and two private citizens who are
1072 property owners whose lands are regularly subject to mosquito
1073 control operations, to be appointed to 4-year terms by the
1074 Commissioner of Agriculture and serve until his or her successor
1075 is appointed.
1076 Reviser’s note.—Amended to confirm an editorial substitution to
1077 conform to the correct name of the center.
1078 Section 28. Subsection (10) of section 391.026, Florida
1079 Statutes, is amended to read:
1080 391.026 Powers and duties of the department.—The department
1081 shall have the following powers, duties, and responsibilities:
1082 (10) To serve as the lead agency in administering the Early
1083 Steps Program pursuant to part C of the federal Individuals with
1084 Disabilities Education Act and part II III of this chapter.
1085 Reviser’s note.—Amended to conform to the redesignation of part
1086 III of chapter 391 as part II by s. 18, ch. 2025-88, Laws
1087 of Florida.
1088 Section 29. Paragraph (b) of subsection (1) of section
1089 394.4575, Florida Statutes, is amended to read:
1090 394.4575 Student mental health assistance program
1091 evaluation.—
1092 (1) The Office of Program Policy Analysis and Government
1093 Accountability (OPPAGA), in consultation with the Department of
1094 Children and Families, the Department of Education, the Louis de
1095 la Parte Florida Mental Health Institute, and any other
1096 identified relevant stakeholder, must evaluate school district
1097 compliance with ss. 1001.212(11), 1006.041, and 1012.584(4) and
1098 the mental health services and supports provided to students
1099 pursuant to those sections. OPPAGA must:
1100 (b) By December 1, 2026, provide a final review and
1101 evaluation of the mental health assistance programs within the
1102 school districts to the Governor, the President of the Senate,
1103 and the Speaker of the House of Representatives. The evaluation
1104 must include, but is not limited to:
1105 1. An assessment of school district compliance with the
1106 requirements of ss. 1001.212(11), 1006.041, and 1012.584(4).
1107 2. An assessment of the treatment outcomes, system
1108 capacity, and performance of mental health services provided
1109 pursuant to s. 1006.041(2)(a) and (b).
1110 3. An assessment of the mental health assistance programs’
1111 ongoing level of integration with the coordinated system of care
1112 required under s. 394.4573.
1113 4. Recommendations to enhance treatment outcomes, system
1114 capacity, and performance of school-based the mental health
1115 assistance programs and increase the integration of those
1116 programs into the coordinated system of care.
1117 Reviser’s note.—Amended to confirm an editorial deletion to
1118 improve clarity.
1119 Section 30. Subsection (12) of section 400.126, Florida
1120 Statutes, is amended to read:
1121 400.126 Receivership proceedings.—
1122 (12) Concurrently with the appointment of a receiver, the
1123 agency and the Department of Elderly Affairs shall coordinate an
1124 assessment of each resident in the facility by the Comprehensive
1125 Assessment and Review for Long-Term Care Services Long-Term-Care
1126 (CARES) Program for the purpose of evaluating each resident’s
1127 need for the level of care provided in a nursing facility and
1128 the potential for providing such care in alternative settings.
1129 If the CARES assessment determines that a resident could be
1130 cared for in a less restrictive setting or does not meet the
1131 criteria for skilled or intermediate care in a nursing home, the
1132 department and agency shall refer the resident for such care, as
1133 is appropriate for the resident. Residents referred pursuant to
1134 this subsection shall be given primary consideration for
1135 receiving services under the community care for the elderly
1136 program in the same manner as persons classified to receive such
1137 services pursuant to s. 430.205.
1138 Reviser’s note.—Amended to confirm an editorial substitution to
1139 conform to the correct name of the program.
1140 Section 31. Paragraph (a) of subsection (2) of section
1141 400.191, Florida Statutes, is amended to read:
1142 400.191 Availability, distribution, and posting of reports
1143 and records.—
1144 (2) The agency shall publish the Nursing Home Guide
1145 quarterly in electronic form to assist consumers and their
1146 families in comparing and evaluating nursing home facilities.
1147 (a) The agency shall provide an Internet site which must
1148 include at least the following information either directly or
1149 indirectly through a link to another established site or sites
1150 of the agency’s choosing:
1151 1. A section entitled “Have you considered programs that
1152 provide alternatives to nursing home care?” which must be the
1153 first section of the Nursing Home Guide and must prominently
1154 display information about available alternatives to nursing
1155 homes and how to obtain additional information regarding these
1156 alternatives. The Nursing Home Guide must explain that this
1157 state offers alternative programs that allow qualified elderly
1158 persons to stay in their homes instead of being placed in
1159 nursing homes and must encourage interested persons to call the
1160 Comprehensive Assessment and Review and Evaluation for Long-Term
1161 Care Services (CARES) Program to inquire as to whether they
1162 qualify. The Nursing Home Guide must list available home and
1163 community-based programs and must clearly state the services
1164 that are provided, including whether nursing home services are
1165 covered under those programs when necessary.
1166 2. A list by name and address of all nursing home
1167 facilities in this state, including any prior name by which a
1168 facility was known during the previous 24-month period.
1169 3. Whether such nursing home facilities are proprietary or
1170 nonproprietary.
1171 4. The current owner of the facility’s license and the year
1172 that that entity became the owner of the license.
1173 5. The name of the owner or owners of each facility and
1174 whether the facility is affiliated with a company or other
1175 organization owning or managing more than one nursing facility
1176 in this state.
1177 6. The total number of beds in each facility and the most
1178 recently available occupancy levels.
1179 7. The number of private and semiprivate rooms in each
1180 facility.
1181 8. The religious affiliation, if any, of each facility.
1182 9. The languages spoken by the administrator and staff of
1183 each facility.
1184 10. Whether or not each facility accepts Medicare or
1185 Medicaid recipients or insurance, health maintenance
1186 organization, United States Department of Veterans Affairs,
1187 CHAMPUS program, or workers’ compensation coverage.
1188 11. Recreational and other programs available at each
1189 facility.
1190 12. Special care units or programs offered at each
1191 facility.
1192 13. Whether the facility is a part of a retirement
1193 community that offers other services pursuant to part III of
1194 this chapter or part I or part III of chapter 429.
1195 14. Survey and deficiency information, including all
1196 federal and state recertification, licensure, revisit, and
1197 complaint survey information, for each facility. For
1198 noncertified nursing homes, state survey and deficiency
1199 information, including licensure, revisit, and complaint survey
1200 information, shall be provided.
1201 15. The results of consumer satisfaction surveys conducted
1202 pursuant to s. 400.0225.
1203 Reviser’s note.—Amended to confirm an editorial substitution to
1204 conform to the correct name of the program.
1205 Section 32. Paragraph (e) of subsection (17) of section
1206 409.910, Florida Statutes, is amended to read:
1207 409.910 Responsibility for payments on behalf of Medicaid
1208 eligible persons when other parties are liable.—
1209 (17)
1210 (e) Each party shall bear its own attorney fees and costs
1211 for any administrative proceeding conducted pursuant to
1212 paragraphs (b)-(e) this paragraph.
1213 Reviser’s note.—Amended to confirm an editorial substitution for
1214 a reference to “this paragraph,” as referenced in the
1215 amendment by s. 6, ch. 2013-48, Laws of Florida, and which
1216 language became paragraphs (b)-(e) in the compilation of
1217 the text pursuant to redesignation by s. 2, ch. 2013-150,
1218 Laws of Florida. Section 2, ch. 2013-150, referenced
1219 “paragraph (a) or paragraph (b).”
1220 Section 33. Paragraph (b) of subsection (1) of section
1221 409.979, Florida Statutes, is amended to read:
1222 409.979 Eligibility.—
1223 (1) PREREQUISITE CRITERIA FOR ELIGIBILITY.—Medicaid
1224 recipients who meet all of the following criteria are eligible
1225 to receive long-term care services and must receive long-term
1226 care services by participating in the long-term care managed
1227 care program. The recipient must be:
1228 (b) Determined by the Comprehensive Assessment and Review
1229 and Evaluation for Long-Term Care Services (CARES) preadmission
1230 screening program to require:
1231 1. Nursing facility care as defined in s. 409.985(3); or
1232 2. Hospital level of care, for individuals diagnosed with
1233 cystic fibrosis.
1234 Reviser’s note.—Amended to confirm an editorial substitution to
1235 conform to the correct name of the program.
1236 Section 34. Subsections (6), (7), (8), and (15) of section
1237 427.703, Florida Statutes, are amended to read:
1238 427.703 Definitions.—As used in this part:
1239 (8)(6) “Deafblind” means having both a permanent hearing
1240 impairment and a permanent visual impairment and includes dual
1241 sensory impairment.
1242 (6)(7) “Deaf service center” means a center that serves,
1243 within a defined region, individuals with hearing loss or speech
1244 impairment or who are deafblind, by distributing equipment and
1245 providing services on behalf of the administrator.
1246 (7)(8) “Deaf service center director” means an individual
1247 who serves as the director for a deaf service center and is
1248 responsible for ensuring that individuals with hearing loss or
1249 speech impairment or who are deafblind are qualified to receive
1250 equipment or services in accordance with ss. 427.701-427.708,
1251 based on their impairment by attesting to such impairment as
1252 provided for in the procedures developed by the administrator.
1253 (15) “Regional distribution center director” means an
1254 individual qualified by the administrator who serves as the
1255 director for a regional distribution center and meets the
1256 standards for ensuring that individuals with hearing loss or
1257 speech impairment or who are deafblind are qualified to receive
1258 equipment or services in accordance with ss. 427.701-427.708,
1259 based on their impairment by attesting to such impairment as
1260 provided for in the procedures developed by the administrator.
1261 Reviser’s note.—Subsections (6)-(8) are amended to conform to
1262 the alphabetical ordering of definitions in this section.
1263 Subsection (15) is amended to confirm editorial insertions
1264 to conform to language elsewhere in the section.
1265 Section 35. Section 429.55, Florida Statutes, is amended to
1266 read:
1267 429.55 Consumer information.—
1268 (1) CONSUMER INFORMATION WEBSITE.—The Legislature finds
1269 that consumers need additional information on the quality of
1270 care and service in assisted living facilities in order to
1271 select the best facility for themselves or their loved ones.
1272 Therefore, the Agency for Health Care Administration shall
1273 create content that is easily accessible through the home page
1274 of the agency’s website either directly or indirectly through
1275 links to one or more other established websites of the agency’s
1276 choosing. The website must be searchable by facility name,
1277 license type, city, or zip code. By November 1, 2015, The agency
1278 shall include all content in its possession on the website and
1279 add content when received from facilities. At a minimum, the
1280 content must include:
1281 (a) Information on each licensed assisted living facility,
1282 including, but not limited to:
1283 1. The name and address of the facility.
1284 2. The name of the owner or operator of the facility.
1285 3. The number and type of licensed beds in the facility.
1286 4. The types of licenses held by the facility.
1287 5. The facility’s license expiration date and status.
1288 6. The total number of clients that the facility is
1289 licensed to serve and the most recently available occupancy
1290 levels.
1291 7. The number of private and semiprivate rooms offered.
1292 8. The bed-hold policy.
1293 9. The religious affiliation, if any, of the assisted
1294 living facility.
1295 10. The languages spoken by the staff.
1296 11. Availability of nurses.
1297 12. Forms of payment accepted, including, but not limited
1298 to, Medicaid, Medicaid long-term managed care, private
1299 insurance, health maintenance organization, United States
1300 Department of Veterans Affairs, CHAMPUS program, or workers’
1301 compensation coverage.
1302 13. Indication if the licensee is operating under
1303 bankruptcy protection.
1304 14. Recreational and other programs available.
1305 15. Special care units or programs offered.
1306 16. Whether the facility is a part of a retirement
1307 community that offers other services pursuant to this part or
1308 part III of this chapter, part II or part III of chapter 400, or
1309 chapter 651.
1310 17. Links to the State Long-Term Care Ombudsman Program
1311 website and the program’s statewide toll-free telephone number.
1312 18. Links to the websites of the providers.
1313 19. Other relevant information that the agency currently
1314 collects.
1315 (b) Survey and violation information for the facility,
1316 including a list of the facility’s violations committed during
1317 the previous 60 months, which on July 1, 2015, may include
1318 violations committed on or after July 1, 2010. The list shall be
1319 updated monthly and include for each violation:
1320 1. A summary of the violation, including all licensure,
1321 revisit, and complaint survey information, presented in a manner
1322 understandable by the general public.
1323 2. Any sanctions imposed by final order.
1324 3. The date the corrective action was confirmed by the
1325 agency.
1326 (c) Links to inspection reports that the agency has on
1327 file.
1328 (2) VENOUS THROMBOEMBOLISM (VTE) VTE CONSUMER INFORMATION.—
1329 (a) The Legislature finds that many pulmonary embolisms
1330 (PEs) PEs are preventable and that information about the
1331 prevalence of the disease could save lives.
1332 (b) The term “pulmonary embolism” or “PE” means a condition
1333 in which part of a the clot located in a deep vein breaks off
1334 and travels to the lungs, possibly causing death.
1335 (c) The term “venous thromboembolism” or “VTE” means deep
1336 vein thrombosis, which is a blood clot located in a deep vein,
1337 usually in the leg or arm. The term can be used to refer to deep
1338 vein thrombosis, pulmonary embolism, or both.
1339 (d) Assisted living facilities must provide a consumer
1340 information pamphlet to residents upon admission. The pamphlet
1341 must contain information about venous thromboembolism, including
1342 risk factors and how residents can recognize the signs and
1343 symptoms of venous thromboembolism.
1344
1345 The agency may adopt rules to administer this section.
1346 Reviser’s note.—Subsection (1) is amended to delete obsolete
1347 language. Subsection (2) is amended to improve clarity.
1348 Section 36. Paragraph (h) of subsection (4) of section
1349 445.004, Florida Statutes, is amended to read:
1350 445.004 CareerSource Florida, Inc., and the state board;
1351 creation; purpose; membership; duties and powers.—
1352 (4)
1353 (h)1. The state board shall appoint a Credentials Review
1354 Committee to identify nondegree credentials and degree
1355 credentials of value for approval by the state board and
1356 inclusion in the Master Credentials List. Such credentials must
1357 include registered apprenticeship programs; industry
1358 certifications, including industry certifications for
1359 agricultural occupations submitted pursuant to s. 570.07(43);
1360 licenses; advanced technical certificates; college credit
1361 certificates; career certificates; applied technology diplomas;
1362 associate degrees; baccalaureate degrees; and graduate degrees.
1363 The Credentials Review Committee must include:
1364 a. The Chancellor of the Division of Public Schools.
1365 b. The Chancellor of the Division of Career and Adult
1366 Education.
1367 c. The Chancellor of the Florida College System.
1368 d. The Chancellor of the State University System.
1369 e. The director of the Office of Reimagining Education and
1370 Career Help, who shall serve as chair of the committee.
1371 f. Four members from local workforce development boards,
1372 with equal representation from urban and rural regions.
1373 g. Two members from nonpublic postsecondary institutions.
1374 h. Two members from industry associations.
1375 i. Two members from Florida-based businesses.
1376 j. Two members from the Department of Commerce.
1377 k. One member from the Department of Agriculture and
1378 Consumer Services.
1379 2. All information pertaining to the Credentials Review
1380 Committee, the process for the approval of credentials of value,
1381 and the Master Credentials List must be made available and be
1382 easily accessible to the public on all relevant state agency
1383 websites.
1384 3. The Credentials Review Committee shall establish a
1385 definition for credentials of value and create a framework of
1386 quality. The framework must align with federally funded
1387 workforce accountability requirements and undergo biennial
1388 review.
1389 4. The criteria to determine value for nondegree
1390 credentials should, at a minimum, require:
1391 a. Evidence that the credential meets labor market demand
1392 as identified by the Labor Market Statistics Center within the
1393 Department of Commerce or the Labor Market Estimating Conference
1394 created in s. 216.136, or meets local demand as identified in
1395 the criteria adopted by the Credentials Review Committee. The
1396 Credentials Review Committee may consider additional evidence to
1397 determine labor market demand for credentials for agricultural
1398 occupations. Evidence to be considered by the Credentials Review
1399 Committee must include employer information on present
1400 credential use or emerging opportunities.
1401 b. Evidence that the competencies mastered upon completion
1402 of the credential are aligned with labor market demand.
1403 c. Evidence of the employment and earnings outcomes for
1404 individuals after obtaining the credential. Earnings outcomes
1405 must provide middle-level to high-level wages with preference
1406 given to credentials generating high-level wages. Credentials
1407 that do not meet the earnings outcomes criteria must be part of
1408 a sequence of credentials that are required for the next level
1409 occupation that does meet the earnings outcomes criteria in
1410 order to be identified as a credential of value. For new
1411 credentials, this criteria may be met with conditional
1412 eligibility until measurable labor market outcomes are obtained.
1413 5. The Credentials Review Committee shall establish the
1414 criteria to determine value for degree programs. This criteria
1415 must include evidence that the program meets statewide or
1416 regional labor market demand as identified by the Labor Market
1417 Statistics Center within the Department of Commerce or the Labor
1418 Market Estimating Conference created in s. 216.136, or meets
1419 local demand as determined by the committee. The Credentials
1420 Review Committee may consider additional evidence to determine
1421 labor market demand for credentials for agricultural
1422 occupations. Such criteria, once available and applicable to
1423 baccalaureate degrees and graduate degrees, must be used to
1424 designate programs of emphasis under s. 1001.706 and to guide
1425 the development of program standards and benchmarks under s.
1426 1004.92.
1427 6. The Credentials Review Committee shall establish a
1428 process for prioritizing nondegree credentials and degree
1429 programs based on critical statewide or regional shortages.
1430 7. The Credentials Review Committee shall establish a
1431 process for:
1432 a. At a minimum, quarterly review and approval of
1433 credential applications. Approved credentials of value shall be
1434 used by the committee to develop the Master Credentials List.
1435 b. Annual review of the Master Credentials List.
1436 c. Phasing out credentials on the Master Credentials List
1437 that no longer meet the framework of quality. Credentials must
1438 remain on the list for at least 1 year after identification for
1439 removal.
1440 d. Designating performance funding eligibility under ss.
1441 1011.80 and 1011.81, based upon the highest available
1442 certification for postsecondary students.
1443 e. Upon approval, the state board shall submit the Master
1444 Credentials List to the State Board of Education. The list must,
1445 at a minimum, identify nondegree credentials and degree programs
1446 determined to be of value for purposes of the CAPE Industry
1447 Certification Funding List adopted under s. 1008.44 ss. 1008.44
1448 and 1011.62(1); if the credential or degree program meets
1449 statewide, regional, or local level demand; the type of
1450 certificate, credential, or degree; and the primary standard
1451 occupation classification code.
1452 f. If an application submitted to the Credentials Review
1453 Committee does not meet the required standards, the Credentials
1454 Review Committee must provide a notice of deficiency to the
1455 applicant and the provider who was identified as the point of
1456 contact provided on the application by the end of the next
1457 quarter after receipt of the application. The notice must
1458 include the basis for denial and the procedure to appeal the
1459 denial.
1460 8. The Credentials Review Committee shall establish a
1461 process for linking Classifications of Instructional Programs
1462 (CIP) to Standard Occupational Classifications (SOC) for all new
1463 credentials of value identified on the Master Credentials List.
1464 The CIP code aligns instructional programs to occupations. A CIP
1465 to SOC link indicates that programs classified in the CIP code
1466 category prepare individuals for jobs classified in the SOC code
1467 category. The state board shall submit approved CIP to SOC
1468 linkages to the State Board of Education with each credential
1469 that is added to the Master Credentials List.
1470 9. The Credentials Review Committee shall identify all data
1471 elements necessary to collect information on credentials by the
1472 Florida Education and Training Placement Program automated
1473 system under s. 1008.39.
1474 Reviser’s note.—Amended to conform to the deletion of references
1475 to the CAPE Industry Certification Funding List in s.
1476 1011.62(1) by s. 17, ch. 2025-203, Laws of Florida.
1477 Section 37. Subsection (3) of section 497.271, Florida
1478 Statutes, is amended to read:
1479 497.271 Standards for construction and significant
1480 alteration or renovation of mausoleums and columbaria.—
1481 (3) The licensing authority shall transmit the rules as
1482 adopted under subsection (2), referred to as the “mausoleum
1483 standards,” to the Florida Building Commission, which shall
1484 initiate rulemaking under chapter 120 to consider such mausoleum
1485 standards. If such mausoleum standards are not deemed
1486 acceptable, they must be returned by the Florida Building
1487 Commission to the licensing authority with details of changes
1488 needed to make them acceptable. If such mausoleum standards are
1489 acceptable, the Florida Building Commission must adopt a rule
1490 designating the mausoleum standards as an approved revision to
1491 the State Minimum Building Codes under part IV of chapter 553.
1492 When designated by the Florida Building Commission, such
1493 mausoleum standards shall become a required element of the State
1494 Minimum Building Codes under s. 553.73(2) s. 553.73(2)(a) and
1495 shall be transmitted to each local enforcement agency, as
1496 defined in s. 553.71(5). Such local enforcement agency shall
1497 consider and inspect for compliance with such mausoleum
1498 standards as if they were part of the local building code, but
1499 shall have no continuing duty to inspect after final approval of
1500 the construction pursuant to the local building code. Any
1501 further amendments to the mausoleum standards shall be
1502 accomplished by the same procedure. Such designated mausoleum
1503 standards, as from time to time amended, shall be a part of the
1504 State Minimum Building Codes under s. 553.73 until the adoption
1505 and effective date of a new statewide uniform minimum building
1506 code, which may supersede the mausoleum standards as provided by
1507 the law enacting the new statewide uniform minimum building
1508 code.
1509 Reviser’s note.—Amended to correct a scrivener’s error in
1510 Engrossed C.S. for C.S. for C.S. for H.B. 683, which became
1511 ch. 2025-140, Laws of Florida; that version deleted an
1512 earlier bill version amendment adding paragraphs to s.
1513 553.72(2) but neglected to correct a cross-reference to
1514 that provision updated in the earlier version.
1515 Section 38. Subsection (2) of section 570.321, Florida
1516 Statutes, is amended to read:
1517 570.321 Plant Industry Trust Fund.—
1518 (2) Funds to be credited to and uses of the trust fund
1519 shall be administered in accordance with ss. 581.031, 581.141,
1520 581.211, 581.212, 586.045, 586.15, and 586.16, 593.114, and
1521 593.117.
1522 Reviser’s note.—Amended to conform to the repeal of ss. 593.114
1523 and 593.117 by s. 68, ch. 2025-22, Laws of Florida.
1524 Section 39. Paragraph (a) of subsection (1) of section
1525 599.012, Florida Statutes, is amended to read:
1526 599.012 Florida Wine Trust Fund; creation.—
1527 (1) There is established the Florida Wine Trust Fund within
1528 the Department of Agriculture and Consumer Services. The
1529 department shall use the moneys deposited in the trust fund
1530 pursuant to subsection (2) to do all the following:
1531 (a) Develop and coordinate the implementation of the State
1532 Wine Viticulture Plan.
1533 Reviser’s note.—Amended to confirm an editorial substitution to
1534 conform to the renaming of the plan by s. 71, ch. 2025-22,
1535 Laws of Florida.
1536 Section 40. Subsection (4) of section 679.3171, Florida
1537 Statutes, is amended to read:
1538 679.3171 Interests that take priority over or take free of
1539 security interest or agricultural lien.—
1540 (4) Subject to subsections (6)-(8), a licensee of a general
1541 intangible or a buyer, other than a secured party, of collateral
1542 other than electronic money, tangible documents, goods,
1543 instruments, tangible documents, or a certificated security
1544 takes free of a security interest if the licensee or buyer gives
1545 value without knowledge of the security interest and before it
1546 is perfected.
1547 Reviser’s note.—Amended to confirm an editorial deletion to
1548 remove duplicative language.
1549 Section 41. Paragraph (a) of subsection (3) of section
1550 679.613, Florida Statutes, is amended to read:
1551 679.613 Contents and form of notification before
1552 disposition of collateral; general.—Except in a consumer-goods
1553 transaction, the following rules apply:
1554 (3) The contents of a notification providing substantially
1555 the information specified in subsection (1) are sufficient, even
1556 if the notification includes:
1557 (a) Information not specified by that subsection paragraph;
1558 or
1559 Reviser’s note.—Amended to conform to context.
1560 Section 42. Paragraph (d) of subsection (1) and paragraph
1561 (g) of subsection (12) of section 718.111, Florida Statutes, are
1562 amended to read:
1563 718.111 The association.—
1564 (1) CORPORATE ENTITY.—
1565 (d) As required by s. 617.0830, an officer, director, or
1566 agent shall discharge his or her duties in good faith, with the
1567 care an ordinarily prudent person in a like position would
1568 exercise under similar circumstances, and in a manner he or she
1569 reasonably believes to be in the interests of the association.
1570 An officer, director, or agent shall be liable for monetary
1571 damages as provided in s. 617.0834 if such officer, director, or
1572 agent breached or failed to perform his or her duties and the
1573 breach of, or failure to perform, his or her duties constitutes
1574 a violation of criminal law as provided in s. 617.0834;
1575 constitutes a transaction from which the officer or director
1576 derived an improper personal benefit, either directly or
1577 indirectly; or constitutes recklessness or an act or omission
1578 that was in bad faith, with malicious purpose, or in a manner
1579 exhibiting wanton and willful disregard of human rights, safety,
1580 or property. Forgery of a ballot envelope or voting certificate
1581 used in a condominium association election is punishable as
1582 provided in s. 831.01, the theft or embezzlement of funds of a
1583 condominium association is punishable as provided in s. 812.014,
1584 and the destruction of or the refusal to allow inspection or
1585 copying of an official record of a condominium association that
1586 is accessible to unit owners within the time periods required by
1587 general law in furtherance of any crime is punishable as
1588 tampering with physical evidence as provided in s. 918.13 or as
1589 obstruction of justice as provided in chapter 843. An officer or
1590 director charged by information or indictment with a crime
1591 referenced in this paragraph must be removed from office, and
1592 the vacancy shall be filled as provided in s. 718.112(2)(d)3. s.
1593 718.112(2)(d)2. until the end of the officer’s or director’s
1594 period of suspension or the end of his or her term of office,
1595 whichever occurs first. If a criminal charge is pending against
1596 the officer or director, he or she may not be appointed or
1597 elected to a position as an officer or a director of any
1598 association and may not have access to the official records of
1599 any association, except pursuant to a court order. However, if
1600 the charges are resolved without a finding of guilt, the officer
1601 or director must be reinstated for the remainder of his or her
1602 term of office, if any.
1603 (12) OFFICIAL RECORDS.—
1604 (g)1. An association managing a condominium with 25 or more
1605 units which does not contain timeshare units shall post digital
1606 copies of the documents specified in subparagraph 2. on its
1607 website or make such documents available through an application
1608 that can be downloaded on a mobile device. Unless a shorter
1609 period is otherwise required, a document must be made available
1610 on the association’s website or made available for download
1611 through an application on a mobile device within 30 days after
1612 the association receives or creates an official record specified
1613 in subparagraph 2.
1614 a. The association’s website or application must be:
1615 (I) An independent website, application, or web portal
1616 wholly owned and operated by the association; or
1617 (II) A website, application, or web portal operated by a
1618 third-party provider with whom the association owns, leases,
1619 rents, or otherwise obtains the right to operate a web page,
1620 subpage, web portal, collection of subpages or web portals, or
1621 an application which is dedicated to the association’s
1622 activities and on which required notices, records, and documents
1623 may be posted or made available by the association.
1624 b. The association’s website or application must be
1625 accessible through the Internet and must contain a subpage, web
1626 portal, or other protected electronic location that is
1627 inaccessible to the general public and accessible only to unit
1628 owners and employees of the association.
1629 c. Upon a unit owner’s written request, the association
1630 must provide the unit owner with a username and password and
1631 access to the protected sections of the association’s website or
1632 application which contain any notices, records, or documents
1633 that must be electronically provided.
1634 2. A current copy of the following documents must be posted
1635 in digital format on the association’s website or application:
1636 a. The recorded declaration of condominium of each
1637 condominium operated by the association and each amendment to
1638 each declaration.
1639 b. The recorded bylaws of the association and each
1640 amendment to the bylaws.
1641 c. The articles of incorporation of the association, or
1642 other documents creating the association, and each amendment to
1643 the articles of incorporation or other documents. The copy
1644 posted pursuant to this sub-subparagraph must be a copy of the
1645 articles of incorporation filed with the Department of State.
1646 d. The rules of the association.
1647 e. The approved minutes of all board of administration
1648 meetings over the preceding 12 months.
1649 f. The video recording or a hyperlink to the video
1650 recording for all meetings of the association, the board of
1651 administration, any committee, and the unit owners which are
1652 conducted by video conference over the preceding 12 months.
1653 g. A list of all executory contracts or documents to which
1654 the association is a party or under which the association or the
1655 unit owners have an obligation or responsibility and, after
1656 bidding for the related materials, equipment, or services has
1657 closed, a list of bids received by the association within the
1658 past year. Summaries of bids for materials, equipment, or
1659 services which exceed $500 must be maintained on the website or
1660 application for 1 year. In lieu of summaries, complete copies of
1661 the bids may be posted.
1662 h. The annual budget required by s. 718.112(2)(f) and any
1663 proposed budget to be considered at the annual meeting.
1664 i. The financial report required by subsection (13) and any
1665 monthly income or expense statement to be considered at a
1666 meeting.
1667 j. The certification of each director required by s.
1668 718.112(2)(d)5.b. s. 718.112(2)(d)4.b.
1669 k. All contracts or transactions between the association
1670 and any director, officer, corporation, firm, or association
1671 that is not an affiliated condominium association or any other
1672 entity in which an association director is also a director or
1673 officer and financially interested.
1674 l. Any contract or document regarding a conflict of
1675 interest or possible conflict of interest as provided in ss.
1676 468.4335, 468.436(2)(b)6., and 718.3027(3).
1677 m. The notice of any unit owner meeting and the agenda for
1678 the meeting, as required by s. 718.112(2)(d)4. s.
1679 718.112(2)(d)3., no later than 14 days before the meeting. The
1680 notice must be posted in plain view on the front page of the
1681 website or application, or on a separate subpage of the website
1682 or application labeled “Notices” which is conspicuously visible
1683 and linked from the front page. The association must also post
1684 on its website or application any document to be considered and
1685 voted on by the owners during the meeting or any document listed
1686 on the agenda at least 7 days before the meeting at which the
1687 document or the information within the document will be
1688 considered.
1689 n. Notice of any board meeting, the agenda, and any other
1690 document required for the meeting as required by s.
1691 718.112(2)(c), which must be posted no later than the date
1692 required for notice under s. 718.112(2)(c).
1693 o. The inspection reports described in ss. 553.899 and
1694 718.301(4)(p) and any other inspection report relating to a
1695 structural or life safety inspection of condominium property.
1696 p. The association’s most recent structural integrity
1697 reserve study, if applicable.
1698 q. Copies of all building permits issued for ongoing or
1699 planned construction.
1700 r. A copy of all affidavits required by this chapter.
1701 3. The association shall ensure that the information and
1702 records described in paragraph (c), which are not allowed to be
1703 accessible to unit owners, are not posted on the association’s
1704 website or application. If protected information or information
1705 restricted from being accessible to unit owners is included in
1706 documents that are required to be posted on the association’s
1707 website or application, the association shall ensure the
1708 information is redacted before posting the documents.
1709 Notwithstanding the foregoing, the association or its agent is
1710 not liable for disclosing information that is protected or
1711 restricted under this paragraph unless such disclosure was made
1712 with a knowing or intentional disregard of the protected or
1713 restricted nature of such information.
1714 4. The failure of the association to post information
1715 required under subparagraph 2. is not in and of itself
1716 sufficient to invalidate any action or decision of the
1717 association’s board or its committees.
1718 Reviser’s note.—Amended to correct cross-references to conform
1719 to the redesignation of subunits in s. 718.112(2)(d) by s.
1720 8, ch. 2025-175, Laws of Florida.
1721 Section 43. Paragraphs (b) and (d) of subsection (2) of
1722 section 718.112, Florida Statutes, are amended to read:
1723 718.112 Bylaws.—
1724 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
1725 following and, if they do not do so, shall be deemed to include
1726 the following:
1727 (b) Quorum; voting requirements; proxies.—
1728 1. Unless a lower number is provided in the bylaws, the
1729 percentage of voting interests required to constitute a quorum
1730 at a meeting of the members is a majority of the voting
1731 interests. Unless otherwise provided in this chapter or in the
1732 declaration, articles of incorporation, or bylaws, and except as
1733 provided in subparagraph (d)5. (d)4., decisions shall be made by
1734 a majority of the voting interests represented at a meeting at
1735 which a quorum is present.
1736 2. Except as specifically otherwise provided herein, unit
1737 owners in a residential condominium may not vote by general
1738 proxy, but may vote by limited proxies substantially conforming
1739 to a limited proxy form adopted by the division. A voting
1740 interest or consent right allocated to a unit owned by the
1741 association may not be exercised or considered for any purpose,
1742 whether for a quorum, an election, or otherwise. Limited proxies
1743 and general proxies may be used to establish a quorum. Limited
1744 proxies shall be used for votes taken to waive or reduce
1745 reserves in accordance with subparagraph (f)2.; for votes taken
1746 to waive the financial reporting requirements of s. 718.111(13);
1747 for votes taken to amend the declaration pursuant to s. 718.110;
1748 for votes taken to amend the articles of incorporation or bylaws
1749 pursuant to this section; and for any other matter for which
1750 this chapter requires or permits a vote of the unit owners.
1751 Except as provided in paragraph (d), a proxy, limited or
1752 general, may not be used in the election of board members in a
1753 residential condominium. General proxies may be used for other
1754 matters for which limited proxies are not required, and may be
1755 used in voting for nonsubstantive changes to items for which a
1756 limited proxy is required and given. Notwithstanding this
1757 subparagraph, unit owners may vote in person at unit owner
1758 meetings. This subparagraph does not limit the use of general
1759 proxies or require the use of limited proxies for any agenda
1760 item or election at any meeting of a timeshare condominium
1761 association or a nonresidential condominium association.
1762 3. A proxy given is effective only for the specific meeting
1763 for which originally given and any lawfully adjourned meetings
1764 thereof. A proxy is not valid longer than 90 days after the date
1765 of the first meeting for which it was given. Each proxy is
1766 revocable at any time at the pleasure of the unit owner
1767 executing it.
1768 4. A member of the board of administration or a committee
1769 may submit in writing his or her agreement or disagreement with
1770 any action taken at a meeting that the member did not attend.
1771 This agreement or disagreement may not be used as a vote for or
1772 against the action taken or to create a quorum.
1773 5. A board meeting may be conducted in person or by video
1774 conference. A board or committee member’s participation in a
1775 meeting via telephone, real-time videoconferencing, or similar
1776 real-time electronic or video communication counts toward a
1777 quorum, and such member may vote as if physically present. A
1778 speaker must be used so that the conversation of such members
1779 may be heard by the board or committee members attending in
1780 person as well as by any unit owners present at a meeting. The
1781 division shall adopt rules pursuant to ss. 120.536 and 120.54
1782 governing the requirements for meetings.
1783 (d) Unit owner meetings.—
1784 1. An annual meeting of the unit owners must be held at the
1785 location provided in the association bylaws and, if the bylaws
1786 are silent as to the location, the meeting must be held within
1787 15 miles of the condominium property or within the same county
1788 as the condominium property. However, such distance requirement
1789 does not apply to an association governing a timeshare
1790 condominium. If a unit owner meeting is conducted via video
1791 conference, a unit owner may vote electronically in the manner
1792 provided in s. 718.128.
1793 2. Unit owner meetings, including the annual meeting of the
1794 unit owners, may be conducted in person or via video conference.
1795 If the annual meeting of the unit owners is conducted via video
1796 conference, a quorum of the members of the board of
1797 administration must be physically present at the physical
1798 location where unit owners can attend the meeting. The location
1799 must be provided in the association bylaws and, if the bylaws
1800 are silent as to the location, the meeting must be held within
1801 15 miles of the condominium property or within the same county
1802 as the condominium property. If the unit owner meeting is
1803 conducted via video conference, the video conference must be
1804 recorded and such recording must be maintained as an official
1805 record of the association. The division shall adopt rules
1806 pursuant to ss. 120.536 and 120.54 governing the requirements
1807 for meetings.
1808 3. Unless the bylaws provide otherwise, a vacancy on the
1809 board caused by the expiration of a director’s term must be
1810 filled by electing a new board member, and the election must be
1811 by secret ballot. An election is not required if the number of
1812 vacancies equals or exceeds the number of candidates. For
1813 purposes of this paragraph, the term “candidate” means an
1814 eligible person who has timely submitted the written notice, as
1815 described in sub-subparagraph 5.a. 4.a., of his or her intention
1816 to become a candidate. Except in a timeshare or nonresidential
1817 condominium, or if the staggered term of a board member does not
1818 expire until a later annual meeting, or if all members’ terms
1819 would otherwise expire but there are no candidates, the terms of
1820 all board members expire at the annual meeting, and such members
1821 may stand for reelection unless prohibited by the bylaws. Board
1822 members may serve terms longer than 1 year if permitted by the
1823 bylaws or articles of incorporation. A board member may not
1824 serve more than 8 consecutive years unless approved by an
1825 affirmative vote of unit owners representing two-thirds of all
1826 votes cast in the election or unless there are not enough
1827 eligible candidates to fill the vacancies on the board at the
1828 time of the vacancy. Only board service that occurs on or after
1829 July 1, 2018, may be used when calculating a board member’s term
1830 limit. If the number of board members whose terms expire at the
1831 annual meeting equals or exceeds the number of candidates, the
1832 candidates become members of the board effective upon the
1833 adjournment of the annual meeting. Unless the bylaws provide
1834 otherwise, any remaining vacancies shall be filled by the
1835 affirmative vote of the majority of the directors making up the
1836 newly constituted board even if the directors constitute less
1837 than a quorum or there is only one director. In a residential
1838 condominium association of more than 10 units or in a
1839 residential condominium association that does not include
1840 timeshare units or timeshare interests, co-owners of a unit may
1841 not serve as members of the board of directors at the same time
1842 unless they own more than one unit or unless there are not
1843 enough eligible candidates to fill the vacancies on the board at
1844 the time of the vacancy. A unit owner in a residential
1845 condominium desiring to be a candidate for board membership must
1846 comply with sub-subparagraph 5.a. 4.a. and must be eligible to
1847 be a candidate to serve on the board of directors at the time of
1848 the deadline for submitting a notice of intent to run in order
1849 to have his or her name listed as a proper candidate on the
1850 ballot or to serve on the board. A person who has been suspended
1851 or removed by the division under this chapter, or who is
1852 delinquent in the payment of any assessment due to the
1853 association, is not eligible to be a candidate for board
1854 membership and may not be listed on the ballot. For purposes of
1855 this paragraph, a person is delinquent if a payment is not made
1856 by the due date as specifically identified in the declaration of
1857 condominium, bylaws, or articles of incorporation. If a due date
1858 is not specifically identified in the declaration of
1859 condominium, bylaws, or articles of incorporation, the due date
1860 is the first day of the assessment period. A person who has been
1861 convicted of any felony in this state or in a United States
1862 District or Territorial Court, or who has been convicted of any
1863 offense in another jurisdiction which would be considered a
1864 felony if committed in this state, is not eligible for board
1865 membership unless such felon’s civil rights have been restored
1866 for at least 5 years as of the date such person seeks election
1867 to the board. The validity of an action by the board is not
1868 affected if it is later determined that a board member is
1869 ineligible for board membership due to having been convicted of
1870 a felony. This subparagraph does not limit the term of a member
1871 of the board of a nonresidential or timeshare condominium.
1872 4. The bylaws must provide the method of calling meetings
1873 of unit owners, including annual meetings. Written notice of an
1874 annual meeting must include an agenda; be mailed, hand
1875 delivered, or electronically transmitted to each unit owner at
1876 least 14 days before the annual meeting; and be posted in a
1877 conspicuous place on the condominium property or association
1878 property at least 14 continuous days before the annual meeting.
1879 Written notice of a meeting other than an annual meeting must
1880 include an agenda; be mailed, hand delivered, or electronically
1881 transmitted to each unit owner; and be posted in a conspicuous
1882 place on the condominium property or association property within
1883 the timeframe specified in the bylaws. If the bylaws do not
1884 specify a timeframe for written notice of a meeting other than
1885 an annual meeting, notice must be provided at least 14
1886 continuous days before the meeting. Upon notice to the unit
1887 owners, the board shall, by duly adopted rule, designate a
1888 specific location on the condominium property or association
1889 property at which all notices of unit owner meetings must be
1890 posted. This requirement does not apply if there is no
1891 condominium property for posting notices. In addition to the
1892 physical posting of meeting notices, the association may, by
1893 reasonable rule, adopt a procedure for conspicuously posting and
1894 repeatedly broadcasting the notice and the agenda on a closed
1895 circuit cable television system serving the condominium
1896 association. If broadcast notice is provided, the notice and
1897 agenda must be broadcast in a manner and for a sufficient
1898 continuous length of time so as to allow an average reader to
1899 observe the notice and read and comprehend the entire content of
1900 the notice and the agenda. In addition to any of the authorized
1901 means of providing notice of a meeting of the board, the
1902 association may, by rule, adopt a procedure for conspicuously
1903 posting the meeting notice and the agenda on a website serving
1904 the condominium association for at least the minimum period of
1905 time for which a notice of a meeting is also required to be
1906 physically posted on the condominium property. Any rule adopted
1907 shall, in addition to other matters, include a requirement that
1908 the association send an electronic notice in the same manner as
1909 a notice for a meeting of the members, which must include a
1910 hyperlink to the website at which the notice is posted, to unit
1911 owners whose e-mail addresses are included in the association’s
1912 official records. Unless a unit owner waives in writing the
1913 right to receive notice of the annual meeting, such notice must
1914 be hand delivered, mailed, or electronically transmitted to each
1915 unit owner. Notice for meetings and notice for all other
1916 purposes must be mailed to each unit owner at the address last
1917 furnished to the association by the unit owner, or hand
1918 delivered to each unit owner. However, if a unit is owned by
1919 more than one person, the association must provide notice to the
1920 address that the developer identifies for that purpose and
1921 thereafter as one or more of the owners of the unit advise the
1922 association in writing, or if no address is given or the owners
1923 of the unit do not agree, to the address provided on the deed of
1924 record. An officer of the association, or the manager or other
1925 person providing notice of the association meeting, must provide
1926 an affidavit or United States Postal Service certificate of
1927 mailing, to be included in the official records of the
1928 association affirming that the notice was mailed or hand
1929 delivered in accordance with this provision.
1930 5. The members of the board of a residential condominium
1931 shall be elected by written ballot or voting machine. Proxies
1932 may not be used in electing the board in general elections or
1933 elections to fill vacancies caused by recall, resignation, or
1934 otherwise, unless otherwise provided in this chapter. This
1935 subparagraph does not apply to an association governing a
1936 timeshare condominium.
1937 a. At least 60 days before a scheduled election, the
1938 association shall mail, deliver, or electronically transmit, by
1939 separate association mailing or included in another association
1940 mailing, delivery, or transmission, including regularly
1941 published newsletters, to each unit owner entitled to a vote, a
1942 first notice of the date of the election. A unit owner or other
1943 eligible person desiring to be a candidate for the board must
1944 give written notice of his or her intent to be a candidate to
1945 the association at least 40 days before a scheduled election.
1946 Together with the written notice and agenda as set forth in
1947 subparagraph 4. 3., the association shall mail, deliver, or
1948 electronically transmit a second notice of the election to all
1949 unit owners entitled to vote, together with a ballot that lists
1950 all candidates not less than 14 days or more than 34 days before
1951 the date of the election. Upon request of a candidate, an
1952 information sheet, no larger than 8 1/2 inches by 11 inches,
1953 which must be furnished by the candidate at least 35 days before
1954 the election, must be included with the mailing, delivery, or
1955 transmission of the ballot, with the costs of mailing, delivery,
1956 or electronic transmission and copying to be borne by the
1957 association. The association is not liable for the contents of
1958 the information sheets prepared by the candidates. In order to
1959 reduce costs, the association may print or duplicate the
1960 information sheets on both sides of the paper. The division
1961 shall by rule establish voting procedures consistent with this
1962 sub-subparagraph, including rules establishing procedures for
1963 giving notice by electronic transmission and rules providing for
1964 the secrecy of ballots. Elections shall be decided by a
1965 plurality of ballots cast. There is no quorum requirement;
1966 however, at least 20 percent of the eligible voters must cast a
1967 ballot in order to have a valid election. A unit owner may not
1968 authorize any other person to vote his or her ballot, and any
1969 ballots improperly cast are invalid. A unit owner who violates
1970 this provision may be fined by the association in accordance
1971 with s. 718.303. A unit owner who needs assistance in casting
1972 the ballot for the reasons stated in s. 101.051 may obtain such
1973 assistance. The regular election must occur on the date of the
1974 annual meeting. Notwithstanding this sub-subparagraph, an
1975 election is not required unless more candidates file notices of
1976 intent to run or are nominated than board vacancies exist.
1977 b. A director of a board of an association of a residential
1978 condominium shall:
1979 (I) Certify in writing to the secretary of the association
1980 that he or she has read the association’s declaration of
1981 condominium, articles of incorporation, bylaws, and current
1982 written policies; that he or she will work to uphold such
1983 documents and policies to the best of his or her ability; and
1984 that he or she will faithfully discharge his or her fiduciary
1985 responsibility to the association’s members.
1986 (II) Submit to the secretary of the association a
1987 certificate of having satisfactorily completed the educational
1988 curriculum administered by the division or a division-approved
1989 condominium education provider. The educational curriculum must
1990 be at least 4 hours long and include instruction on milestone
1991 inspections, structural integrity reserve studies, elections,
1992 recordkeeping, financial literacy and transparency, levying of
1993 fines, and notice and meeting requirements.
1994
1995 Each newly elected or appointed director must submit to the
1996 secretary of the association the written certification and
1997 educational certificate within 1 year before being elected or
1998 appointed or 90 days after the date of election or appointment.
1999 A director of an association of a residential condominium who
2000 was elected or appointed before July 1, 2024, must comply with
2001 the written certification and educational certificate
2002 requirements in this sub-subparagraph by June 30, 2025. The
2003 written certification and educational certificate is valid for 7
2004 years after the date of issuance and does not have to be
2005 resubmitted as long as the director serves on the board without
2006 interruption during the 7-year period. A director who is
2007 appointed by the developer may satisfy the educational
2008 certificate requirement in sub-sub-subparagraph (II) for any
2009 subsequent appointment to a board by a developer within 7 years
2010 after the date of issuance of the most recent educational
2011 certificate, including any interruption of service on a board or
2012 appointment to a board in another association within that 7-year
2013 period. One year after submission of the most recent written
2014 certification and educational certificate, and annually
2015 thereafter, a director of an association of a residential
2016 condominium must submit to the secretary of the association a
2017 certificate of having satisfactorily completed at least 1 hour
2018 of continuing education administered by the division, or a
2019 division-approved condominium education provider, relating to
2020 any recent changes to this chapter and the related
2021 administrative rules during the past year. A director of an
2022 association of a residential condominium who fails to timely
2023 file the written certification and educational certificate is
2024 suspended from service on the board until he or she complies
2025 with this sub-subparagraph. The board may temporarily fill the
2026 vacancy during the period of suspension. The secretary shall
2027 cause the association to retain a director’s written
2028 certification and educational certificate for inspection by the
2029 members for 7 years after a director’s election or the duration
2030 of the director’s uninterrupted tenure, whichever is longer.
2031 Failure to have such written certification and educational
2032 certificate on file does not affect the validity of any board
2033 action.
2034 c. Any challenge to the election process must be commenced
2035 within 60 days after the election results are announced.
2036 6. Any approval by unit owners called for by this chapter
2037 or the applicable declaration or bylaws, including, but not
2038 limited to, the approval requirement in s. 718.111(8), must be
2039 made at a duly noticed meeting of unit owners and is subject to
2040 all requirements of this chapter or the applicable condominium
2041 documents relating to unit owner decisionmaking, except that
2042 unit owners may take action by written agreement, without
2043 meetings, on matters for which action by written agreement
2044 without meetings is expressly allowed by the applicable bylaws
2045 or declaration or any law that provides for such action.
2046 7. Unit owners may waive notice of specific meetings if
2047 allowed by the applicable bylaws or declaration or any law.
2048 Notice of meetings of the board of administration; unit owner
2049 meetings, except unit owner meetings called to recall board
2050 members under paragraph (l); and committee meetings may be given
2051 by electronic transmission to unit owners who consent to receive
2052 notice by electronic transmission. A unit owner who consents to
2053 receiving notices by electronic transmission is solely
2054 responsible for removing or bypassing filters that block receipt
2055 of mass e-mails sent to members on behalf of the association in
2056 the course of giving electronic notices.
2057 8. Unit owners have the right to participate in meetings of
2058 unit owners with reference to all designated agenda items.
2059 However, the association may adopt reasonable rules governing
2060 the frequency, duration, and manner of unit owner participation.
2061 9. A unit owner may tape record or videotape a meeting of
2062 the unit owners subject to reasonable rules adopted by the
2063 division.
2064 10. Unless otherwise provided in the bylaws, any vacancy
2065 occurring on the board before the expiration of a term may be
2066 filled by the affirmative vote of the majority of the remaining
2067 directors, even if the remaining directors constitute less than
2068 a quorum, or by the sole remaining director. In the alternative,
2069 a board may hold an election to fill the vacancy, in which case
2070 the election procedures must conform to sub-subparagraph 5.a.
2071 4.a. unless the association governs 10 units or fewer and has
2072 opted out of the statutory election process, in which case the
2073 bylaws of the association control. Unless otherwise provided in
2074 the bylaws, a board member appointed or elected under this
2075 section shall fill the vacancy for the unexpired term of the
2076 seat being filled. Filling vacancies created by recall is
2077 governed by paragraph (l) and rules adopted by the division.
2078 11. This chapter does not limit the use of general or
2079 limited proxies, require the use of general or limited proxies,
2080 or require the use of a written ballot or voting machine for any
2081 agenda item or election at any meeting of a timeshare
2082 condominium association or nonresidential condominium
2083 association.
2084
2085 Notwithstanding subparagraph (b)2. and sub-subparagraph 5.a.
2086 4.a., an association of 10 or fewer units may, by affirmative
2087 vote of a majority of the total voting interests, provide for
2088 different voting and election procedures in its bylaws, which
2089 may be by a proxy specifically delineating the different voting
2090 and election procedures. The different voting and election
2091 procedures may provide for elections to be conducted by limited
2092 or general proxy.
2093 Reviser’s note.—Amended to correct cross-references to conform
2094 to the redesignation of subunits in paragraph (2)(d) by s.
2095 8, ch. 2025-175, Laws of Florida.
2096 Section 44. Paragraph (c) of subsection (2) of section
2097 718.501, Florida Statutes, is amended to read:
2098 718.501 Authority, responsibility, and duties of Division
2099 of Florida Condominiums, Timeshares, and Mobile Homes.—
2100 (2)
2101 (c) On the certification form provided by the division, the
2102 directors of the association shall certify that each director of
2103 the association has completed the written certification and
2104 educational certificate requirements in s. 718.112(2)(d)5.b. s.
2105 718.112(2)(d)4.b. This certification requirement does not apply
2106 to the directors of an association governing a timeshare
2107 condominium.
2108 Reviser’s note.—Amended to correct a cross-reference to conform
2109 to the redesignation of subunits in s. 718.112(2)(d) by s.
2110 8, ch. 2025-175, Laws of Florida.
2111 Section 45. Paragraph (d) of subsection (1) and paragraph
2112 (e) of subsection (2) of section 718.503, Florida Statutes, are
2113 amended to read:
2114 718.503 Developer disclosure prior to sale; nondeveloper
2115 unit owner disclosure prior to sale; voidability.—
2116 (1) DEVELOPER DISCLOSURE.—
2117 (d) Milestone inspection, turnover inspection report, or
2118 structural integrity reserve study.—If the association is
2119 required to have completed a milestone inspection as described
2120 in s. 553.899, a turnover inspection report for a turnover
2121 inspection performed on or after July 1, 2023, or a structural
2122 integrity reserve study, and the association has not completed
2123 the milestone inspection, the turnover inspection report, or the
2124 structural integrity reserve study, each contract entered into
2125 after December 31, 2024, for the sale of a residential unit
2126 shall contain in conspicuous type a statement indicating that
2127 the association is required to have a milestone inspection, a
2128 turnover inspection report, or a structural integrity reserve
2129 study and has not completed such inspection, report, or study,
2130 as appropriate. If the association is not required to have a
2131 milestone inspection as described in s. 553.899 or a structural
2132 integrity reserve study, each contract entered into after
2133 December 31, 2024, for the sale of a residential unit shall
2134 contain in conspicuous type a statement indicating that the
2135 association is not required to have a milestone inspection or a
2136 structural integrity reserve study, as appropriate. If the
2137 association has completed a milestone inspection as described in
2138 s. 553.899, a turnover inspection report for a turnover
2139 inspection performed on or after July 1, 2023, or a structural
2140 integrity reserve study, each contract entered into after
2141 December 31, 2024, for the sale of a residential unit shall
2142 contain in conspicuous type:
2143 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2144 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
2145 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2146 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2147 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2148 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2149 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2150 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2151 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
2152 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
2153 EXECUTION OF THIS CONTRACT; and
2154 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2155 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
2156 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2157 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2158 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
2159 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2160 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2161 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2162 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2163 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2164 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2165 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2166 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2167 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
2168 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2169 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2170 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2171 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2172 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2173 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
2174 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2175 718.103(28) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
2176 REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
2177 TERMINATE AT CLOSING.
2178
2179 A contract that does not conform to the requirements of this
2180 paragraph is voidable at the option of the purchaser before
2181 closing.
2182 (2) NONDEVELOPER DISCLOSURE.—
2183 (e) If the association is required to have completed a
2184 milestone inspection as described in s. 553.899, a turnover
2185 inspection report for a turnover inspection performed on or
2186 after July 1, 2023, or a structural integrity reserve study, and
2187 the association has not completed the milestone inspection, the
2188 turnover inspection report, or the structural integrity reserve
2189 study, each contract entered into after December 31, 2024, for
2190 the sale of a residential unit shall contain in conspicuous type
2191 a statement indicating that the association is required to have
2192 a milestone inspection, a turnover inspection report, or a
2193 structural integrity reserve study and has not completed such
2194 inspection, report, or study, as appropriate. If the association
2195 is not required to have a milestone inspection as described in
2196 s. 553.899 or a structural integrity reserve study, each
2197 contract entered into after December 31, 2024, for the sale of a
2198 residential unit shall contain in conspicuous type a statement
2199 indicating that the association is not required to have a
2200 milestone inspection or a structural integrity reserve study, as
2201 appropriate. If the association has completed a milestone
2202 inspection as described in s. 553.899, a turnover inspection
2203 report for a turnover inspection performed on or after July 1,
2204 2023, or a structural integrity reserve study, each contract
2205 entered into after December 31, 2024, for the resale of a
2206 residential unit shall contain in conspicuous type:
2207 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2208 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
2209 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2210 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2211 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2212 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2213 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2214 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2215 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7
2216 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
2217 EXECUTION OF THIS CONTRACT; and
2218 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2219 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
2220 CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2221 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2222 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
2223 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2224 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2225 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2226 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2227 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2228 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(28) 718.103(26) AND
2229 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2230 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2231 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
2232 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2233 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2234 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2235 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2236 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2237 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
2238 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2239 718.103(28) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
2240 REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
2241 TERMINATE AT CLOSING.
2242
2243 A contract that does not conform to the requirements of this
2244 paragraph is voidable at the option of the purchaser before
2245 closing.
2246 Reviser’s note.—Amended to correct a cross-reference to conform
2247 to the redesignation of subunits in s. 718.103 by s. 5, ch.
2248 2024-244, Laws of Florida.
2249 Section 46. Paragraph (j) of subsection (1) of section
2250 719.106, Florida Statutes, is amended to read:
2251 719.106 Bylaws; cooperative ownership.—
2252 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
2253 documents shall provide for the following, and if they do not,
2254 they shall be deemed to include the following:
2255 (j) Annual budget.—
2256 1. The proposed annual budget of common expenses must be
2257 detailed and must show the amounts budgeted by accounts and
2258 expense classifications, including, if applicable, but not
2259 limited to, those expenses listed in s. 719.504(20). The board
2260 of administration shall adopt the annual budget at least 14 days
2261 before the start of the association’s fiscal year. In the event
2262 that the board fails to timely adopt the annual budget a second
2263 time, it is deemed a minor violation and the prior year’s budget
2264 shall continue in effect until a new budget is adopted.
2265 2.a. In addition to annual operating expenses, the budget
2266 must include reserve accounts for capital expenditures and
2267 deferred maintenance. These accounts must include, but not be
2268 limited to, roof replacement, building painting, and pavement
2269 resurfacing, regardless of the amount of deferred maintenance
2270 expense or replacement cost, and for any other items for which
2271 the deferred maintenance expense or replacement cost exceeds
2272 $25,000 or the inflation-adjusted amount determined by the
2273 division under subparagraph 6., whichever amount is greater. The
2274 amount to be reserved must be computed by means of a formula
2275 which is based upon estimated remaining useful life and
2276 estimated replacement cost or deferred maintenance expense of
2277 the reserve item. In a budget adopted by an association that is
2278 required to obtain a structural integrity reserve study,
2279 reserves must be maintained for the items identified in
2280 paragraph (k) for which the association is responsible pursuant
2281 to the declaration, and the reserve amount for such items must
2282 be based on the findings and recommendations of the
2283 association’s most recent structural integrity reserve study.
2284 With respect to items for which an estimate of useful life is
2285 not readily ascertainable or with an estimated remaining useful
2286 life of greater than 25 years, an association is not required to
2287 reserve replacement costs for such items, but an association
2288 must reserve the amount of deferred maintenance expense, if any,
2289 which is recommended by the structural integrity reserve study
2290 for such items. The association may adjust replacement reserve
2291 assessments annually to take into account an inflation
2292 adjustment and any changes in estimates or extension of the
2293 useful life of a reserve item caused by deferred maintenance.
2294 b. The members of a unit-owner-controlled association may
2295 determine, by a majority vote of the total voting interests of
2296 the association, for a fiscal year to provide no reserves or
2297 reserves less adequate than required by this subsection. Before
2298 turnover of control of an association by a developer to unit
2299 owners other than a developer under s. 719.301, the developer
2300 controlled association may not vote to waive the reserves or
2301 reduce funding of the reserves.
2302 c. For a budget adopted on or after December 31, 2024, a
2303 unit-owner-controlled association that must obtain a structural
2304 integrity reserve study may not determine to provide no reserves
2305 or reserves less adequate than required by this paragraph for
2306 items listed in paragraph (k). If a meeting of the unit owners
2307 has been called to determine to provide no reserves, or reserves
2308 less adequate than required, and such result is not attained or
2309 a quorum is not attained, the reserves as included in the budget
2310 shall go into effect.
2311 d. If the local building official as defined in s. 468.603,
2312 determines that the entire cooperative building is uninhabitable
2313 due to a natural emergency as defined in s. 252.34, the board
2314 may pause the contribution to its reserves or reduce reserve
2315 funding until the local building official determines that the
2316 cooperative building is habitable. Any reserve account funds
2317 held by the association may be expended, pursuant to the board’s
2318 determination, to make the cooperative building and its
2319 structures habitable. Upon the determination by the local
2320 building official that the cooperative building is habitable,
2321 the association must immediately resume contributing funds to
2322 its reserves.
2323 3.a.(I) Reserves for the items identified in paragraph (k)
2324 (g) may be funded by regular assessments, special assessments,
2325 lines of credit, or loans. A special assessment, a line of
2326 credit, or a loan under this sub-subparagraph requires the
2327 approval of a majority vote of the total voting interests of the
2328 association.
2329 (II) A unit-owner-controlled association that is required
2330 to have a structural reserve study may secure a line of credit
2331 or a loan to fund capital expenses required by a milestone
2332 inspection under s. 553.899 or a structural integrity reserve
2333 study. The lines of credit or loans must be sufficient to fund
2334 the cumulative amount of any previously waived or unfunded
2335 portion of the reserve funding amount required by this paragraph
2336 and the most recent structural integrity reserve study. Funding
2337 from the line of credit or loans must be immediately available
2338 for access by the board to fund required repair, maintenance, or
2339 replacement expenses without further approval by the members of
2340 the association. A special assessment, a line of credit, or a
2341 loan secured under this sub-subparagraph and related details
2342 must be included in the annual financial statement required
2343 under s. 719.104(4) to be delivered to unit owners and required
2344 under s. 719.503 s. 718.503 to be provided to prospective
2345 purchasers of a unit.
2346 b. For a budget adopted on or before December 31, 2028, if
2347 the association has completed a milestone inspection pursuant to
2348 s. 553.899 within the previous 2 calendar years, the board, upon
2349 the approval of a majority of the total voting interests of the
2350 association, may temporarily pause, for a period of no more than
2351 two consecutive annual budgets, reserve fund contributions or
2352 reduce the amount of reserve funding for the purpose of funding
2353 repairs recommended by the milestone inspection. This sub
2354 subparagraph does not apply to a developer-controlled
2355 association and an association in which the nondeveloper unit
2356 owners have been in control for less than 1 year. An association
2357 that has paused reserve contributions under this sub
2358 subparagraph must have a structural integrity reserve study
2359 performed before the continuation of reserve contributions in
2360 order to determine the association’s reserve funding needs and
2361 to recommend a reserve funding plan.
2362 4. Reserve funds and any interest accruing thereon shall
2363 remain in the reserve account or accounts, and shall be used
2364 only for authorized reserve expenditures unless their use for
2365 other purposes is approved in advance by a vote of the majority
2366 of the total voting interests of the association. Before
2367 turnover of control of an association by a developer to unit
2368 owners other than the developer under s. 719.301, the developer
2369 may not vote to use reserves for purposes other than that for
2370 which they were intended. For a budget adopted on or after
2371 December 31, 2024, members of a unit-owner-controlled
2372 association that must obtain a structural integrity reserve
2373 study may not vote to use reserve funds, or any interest
2374 accruing thereon, for purposes other than the replacement or
2375 deferred maintenance costs of the components listed in paragraph
2376 (k).
2377 5. An association’s reserve accounts may be pooled for two
2378 or more required components. Reserve funding for components
2379 identified in paragraph (k) (g) may only be pooled with other
2380 components identified in paragraph (k) (g). The reserve funding
2381 indicated in the proposed annual budget must be sufficient to
2382 ensure that available funds meet or exceed projected expenses
2383 for all components in the reserve pool based on the reserve
2384 funding plan or schedule of the most recent structural integrity
2385 reserve study. A vote of the members is not required for the
2386 board to change the accounting method for reserves to a pooling
2387 accounting method or a straight-line accounting method.
2388 6. The division shall annually adjust for inflation, based
2389 on the Consumer Price Index for All Urban Consumers released in
2390 January of each year, the minimum $25,000 threshold amount for
2391 required reserves. By February 1, 2026, and annually thereafter,
2392 the division must conspicuously post on its website the
2393 inflation-adjusted minimum threshold amount for required
2394 reserves.
2395 Reviser’s note.—Amended to correct cross-references to conform
2396 to context. Paragraph (g) relates to common expenses;
2397 paragraph (k) requires structural integrity reserve
2398 studies. Section 718.503 relates to disclosure prior to
2399 sale of residential condominiums; s. 719.503 relates to
2400 disclosure prior to sale of residential cooperatives.
2401 Section 47. Paragraph (b) of subsection (4) of section
2402 720.303, Florida Statutes, is amended to read:
2403 720.303 Association powers and duties; meetings of board;
2404 official records; budgets; financial reporting; association
2405 funds; recalls.—
2406 (4) OFFICIAL RECORDS.—
2407 (b)1. By January 1, 2025, an association that has 100 or
2408 more parcels shall post the following documents on its website
2409 or make available such documents through an application that can
2410 be downloaded on a mobile device:
2411 a. The articles of incorporation of the association and
2412 each amendment thereto.
2413 b. The recorded bylaws of the association and each
2414 amendment thereto.
2415 c. The declaration of covenants and a copy of each
2416 amendment thereto.
2417 d. The current rules of the association.
2418 e. A list of all current executory contracts or documents
2419 to which the association is a party or under which the
2420 association or the parcel owners have an obligation or
2421 responsibility and, after bidding for the related materials,
2422 equipment, or services has closed, a list of bids received by
2423 the association within the past year.
2424 f. The annual budget required by subsection (6) and any
2425 proposed budget to be considered at the annual meeting.
2426 g. The financial report required by subsection (7) and any
2427 monthly income or expense statement to be considered at a
2428 meeting.
2429 h. The association’s current insurance policies.
2430 i. The certification of each director as required by s.
2431 720.3033(1)(a).
2432 j. All contracts or transactions between the association
2433 and any director, officer, corporation, firm, or association
2434 that is not an affiliated homeowners’ association or any other
2435 entity in which a director of an association is also a director
2436 or an officer and has a financial interest.
2437 k. Any contract or document regarding a conflict of
2438 interest or possible conflict of interest as provided in ss.
2439 468.436(2)(b)6. and 720.3033(2).
2440 l. Notice of any scheduled meeting of members and the
2441 agenda for the meeting, as required by s. 720.306, at least 14
2442 days before such meeting. The notice must be posted in plain
2443 view on the homepage of the website or application, or on a
2444 separate subpage of the website or application labeled “Notices”
2445 which is conspicuously visible and linked from the homepage. The
2446 association shall also post on its website or application any
2447 document to be considered and voted on by the members during the
2448 meeting or any document listed on the meeting agenda at least 7
2449 days before the meeting at which such document or information
2450 within the document will be considered.
2451 m. Notice of any board meeting, the agenda, and any other
2452 document required for such meeting as required by subsection (2)
2453 (3), which must be posted on the website or application no later
2454 than the date required for notice under subsection (2) (3).
2455 2. The association’s website or application must be
2456 accessible through the Internet and must contain a subpage, web
2457 portal, or other protected electronic location that is
2458 inaccessible to the general public and accessible only to parcel
2459 owners and employees of the association.
2460 3. Upon written request by a parcel owner, the association
2461 must provide the parcel owner with a username and password and
2462 access to the protected sections of the association’s website or
2463 application which contains the official documents of the
2464 association.
2465 4. The association shall ensure that the information and
2466 records described in paragraph (5)(g), which are not allowed to
2467 be accessible to parcel owners, are not posted on the
2468 association’s website or application. If protected information
2469 or information restricted from being accessible to parcel owners
2470 is included in documents that are required to be posted on the
2471 association’s website or application, the association must
2472 ensure the information is redacted before posting the documents.
2473 Notwithstanding the foregoing, the association or its authorized
2474 agent is not liable for disclosing information that is protected
2475 or restricted under paragraph (5)(g) unless such disclosure was
2476 made with a knowing or intentional disregard of the protected or
2477 restricted nature of such information.
2478 Reviser’s note.—Amended to correct a cross-reference to conform
2479 to the fact that notice requirements are referenced in
2480 subsection (2). Subsection (3) relates to minutes of
2481 meetings.
2482 Section 48. Paragraph (c) of subsection (1) of section
2483 782.071, Florida Statutes, is amended to read:
2484 782.071 Vehicular homicide.—“Vehicular homicide” is the
2485 killing of a human being, or the killing of an unborn child by
2486 any injury to the mother, caused by the operation of a motor
2487 vehicle by another in a reckless manner likely to cause the
2488 death of, or great bodily harm to, another.
2489 (1) Vehicular homicide is:
2490 (c) A felony of the first degree, punishable as provided in
2491 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
2492 conviction under this section, s. 316.193(3)(c)3., s.
2493 327.35(3)(a)3.c. s. 327.35(3)(c)3., or s. 782.072.
2494 Reviser’s note.—Amended to confirm an editorial substitution to
2495 conform to the redesignation of subunits in s. 327.35(3) by
2496 s. 6, ch. 2025-197, Laws of Florida.
2497 Section 49. Subsection (3) of section 782.072, Florida
2498 Statutes, is amended to read:
2499 782.072 Vessel homicide.—
2500 (3) A felony of the first degree, punishable as provided in
2501 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
2502 conviction under this section, s. 316.193(3)(c)3., s.
2503 327.35(3)(a)3.c. s. 327.35(3)(c)3., or s. 782.071.
2504 Reviser’s note.—Amended to confirm an editorial substitution to
2505 conform to the redesignation of subunits in s. 327.35(3) by
2506 s. 6, ch. 2025-197, Laws of Florida.
2507 Section 50. Paragraphs (b) and (c) of subsection (1) of
2508 section 790.052, Florida Statutes, are amended to read:
2509 790.052 Carrying of concealed firearms by; off-duty law
2510 enforcement officers, correctional officers, and correctional
2511 probation officers.—
2512 (1)
2513 (b) All persons holding an active certification from the
2514 Criminal Justice Standards and Training Commission as a law
2515 enforcement officers officer, a correctional officers officer,
2516 or a correctional probation officers officer as defined in s.
2517 943.10(1), (2), (3), (6), (7), (8), or (9) meet the definition
2518 of “qualified law enforcement officer” in 18 U.S.C. s. 926B(c).
2519 (c) All persons who held an active certification from the
2520 Criminal Justice Standards and Training Commission as a law
2521 enforcement officers officer, correctional officers officer, or
2522 correctional probation officers officer as defined in s.
2523 943.10(1), (2), (3), (6), (7), (8), or (9), while working for an
2524 employing agency, as defined in s. 943.10(4), but have separated
2525 from service under the conditions set forth in 18 U.S.C. s.
2526 926C(c), meet the definition of “qualified retired law
2527 enforcement officer.”
2528 Reviser’s note.—Amended to provide contextual consistency and
2529 conform to context.
2530 Section 51. Paragraph (c) of subsection (4) of section
2531 823.11, Florida Statutes, is amended to read:
2532 823.11 Derelict and migrant vessels; relocation or removal;
2533 penalty.—
2534 (4)
2535 (c) The commission may establish a program to provide
2536 grants to local governments for the removal, storage,
2537 destruction, and disposal of derelict vessels or migrant vessels
2538 from the waters of this state. This grant funding may also be
2539 used for the removal, storage, destruction, and disposal of
2540 vessels declared a public nuisance pursuant to s. 327.73(1)(aa)
2541 or the derelict vessel prevention program established pursuant
2542 to s. 327.4107(6) s. 327.4107(7). The program must be funded
2543 from the Marine Resources Conservation Trust Fund or the Florida
2544 Coastal Protection Trust Fund. Notwithstanding s. 216.181(11),
2545 funds available for these grants may only be authorized by
2546 appropriations acts of the Legislature. In a given fiscal year,
2547 if all funds appropriated pursuant to this paragraph are not
2548 requested by and granted to local governments for the removal,
2549 storage, destruction, and disposal of derelict vessels, migrant
2550 vessels, or vessels declared a public nuisance pursuant to s.
2551 327.73(1)(aa) by the end of the third quarter, the Fish and
2552 Wildlife Conservation Commission may use the remainder of the
2553 funds to remove, store, destroy, and dispose of, or to pay
2554 private contractors to remove, store, destroy, and dispose of,
2555 derelict vessels, migrant vessels, or vessels declared a public
2556 nuisance pursuant to s. 327.73(1)(aa). The commission shall
2557 adopt by rule procedures for local governments to submit a grant
2558 application and criteria for allocating available funds. Such
2559 criteria must include, at a minimum, all of the following:
2560 1. The number of derelict vessels and migrant vessels
2561 within the jurisdiction of the applicant.
2562 2. The threat posed by such vessels to public health or
2563 safety, the environment, navigation, or the aesthetic condition
2564 of the general vicinity.
2565 3. The degree of commitment of the local government to
2566 maintain waters free of abandoned, derelict, and migrant vessels
2567 and to seek legal action against those who abandon vessels in
2568 the waters of this state as defined in s. 327.02.
2569 Reviser’s note.—Amended to correct a cross-reference to conform
2570 to the redesignation of subunits in s. 327.4107 by s. 2,
2571 ch. 2025-147, Laws of Florida.
2572 Section 52. Paragraph (f) of subsection (8) of section
2573 836.13, Florida Statutes, is amended to read:
2574 836.13 Altered sexual depictions; prohibited acts;
2575 penalties; applicability.—
2576 (8)
2577 (f) In addition to the remedies under subsection (7) (5), a
2578 failure to reasonably comply with the notice and removal
2579 obligations under this subsection shall be treated as an unfair
2580 or a deceptive act or practice under part II of chapter 501, and
2581 the person or entity responsible shall be subject to the
2582 penalties and remedies provided in part II of chapter 501.
2583 Reviser’s note.—Amended to confirm an editorial substitution to
2584 conform to the redesignation of subunits by s. 3, ch. 2025
2585 99, Laws of Florida.
2586 Section 53. Paragraph (b) of subsection (4) of section
2587 893.03, Florida Statutes, is amended to read:
2588 893.03 Standards and schedules.—The substances enumerated
2589 in this section are controlled by this chapter. The controlled
2590 substances listed or to be listed in Schedules I, II, III, IV,
2591 and V are included by whatever official, common, usual,
2592 chemical, trade name, or class designated. The provisions of
2593 this section shall not be construed to include within any of the
2594 schedules contained in this section any excluded drugs listed
2595 within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
2596 Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
2597 Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
2598 Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
2599 Anabolic Steroid Products.”
2600 (4) SCHEDULE IV.—
2601 (b) Unless specifically excepted or unless listed in
2602 another schedule, any material, compound, mixture, or
2603 preparation which contains any quantity of the following
2604 substances, including its salts, isomers, and salts of isomers
2605 whenever the existence of such salts, isomers, and salts of
2606 isomers is possible within the specific chemical designation,
2607 are controlled in Schedule IV:
2608 1. Alfaxalone.
2609 2. Alprazolam.
2610 3. Barbital.
2611 4. Bromazepam.
2612 5. Butorphanol tartrate.
2613 6. Camazepam.
2614 7. Carisoprodol.
2615 8. Cathine.
2616 9. Chloral betaine.
2617 10. Chloral hydrate.
2618 11. Chlordiazepoxide.
2619 12. Clobazam.
2620 13. Clonazepam.
2621 14. Clorazepate.
2622 15. Clotiazepam.
2623 16. Cloxazolam.
2624 17. Dexfenfluramine.
2625 18. Delorazepam.
2626 19. Dichloralphenazone.
2627 20. Diazepam.
2628 21. Diethylpropion.
2629 22. Eluxadoline.
2630 23. Estazolam.
2631 24. Eszopiclone.
2632 25. Ethchlorvynol.
2633 26. Ethinamate.
2634 27. Ethyl loflazepate.
2635 28. Fencamfamin.
2636 29. Fenfluramine.
2637 30. Fenproporex.
2638 30.31. Fludiazepam.
2639 31.32. Flurazepam.
2640 32.33. Fospropofol.
2641 33.34. Halazepam.
2642 34.35. Haloxazolam.
2643 35.36. Ketazolam.
2644 36.37. Loprazolam.
2645 37.38. Lorazepam.
2646 38.39. Lorcaserin.
2647 39.40. Lormetazepam.
2648 40.41. Mazindol.
2649 41.42. Mebutamate.
2650 42.43. Medazepam.
2651 43.44. Mefenorex.
2652 44.45. Meprobamate.
2653 45.46. Methohexital.
2654 46.47. Methylphenobarbital.
2655 47.48. Midazolam.
2656 48.49. Modafinil.
2657 49.50. Nimetazepam.
2658 50.51. Nitrazepam.
2659 51.52. Nordiazepam.
2660 52.53. Oxazepam.
2661 53.54. Oxazolam.
2662 54.55. Paraldehyde.
2663 55.56. Pemoline.
2664 56.57. Pentazocine.
2665 57.58. Petrichloral.
2666 58.59. Phenobarbital.
2667 59.60. Phentermine.
2668 60.61. Pinazepam.
2669 61.62. Pipradrol.
2670 62.63. Prazepam.
2671 63.64. Propoxyphene (dosage forms).
2672 64.65. Propylhexedrine, excluding any patent or proprietary
2673 preparation containing propylhexedrine, unless otherwise
2674 provided by federal law.
2675 65.66. Quazepam.
2676 66.67. Sibutramine.
2677 67.68. SPA[(-)-1 dimethylamino-1, 2 diphenylethane].
2678 68.69. Suvorexant.
2679 69.70. Temazepam.
2680 70.71. Tetrazepam.
2681 71.72. Tramadol.
2682 72.73. Triazolam.
2683 73.74. Zaleplon.
2684 74.75. Zolpidem.
2685 75.76. Zopiclone.
2686 76.77. Not more than 1 milligram of difenoxin and not less
2687 than 25 micrograms of atropine sulfate per dosage unit.
2688 Reviser’s note.—Amended to conform to s. 5, ch. 97-1, Laws of
2689 Florida, which repealed paragraph (4)(w), redesignated as
2690 subparagraph (4)(b)29. by s. 8, ch. 2018-3, Laws of
2691 Florida, effective upon the removal of fenfluramine from
2692 the schedules of controlled substances in 21 C.F.R. s.
2693 1308. The Drug Enforcement Administration, United States
2694 Department of Justice, in FR Doc. 2022-27400, filed
2695 December 22, 2022, issued a final rule removing
2696 fenfluramine from the schedules of the Controlled
2697 Substances Act, effective December 23, 2022.
2698 Section 54. Subsection (1) of section 914.27, Florida
2699 Statutes, is amended to read:
2700 914.27 Confidentiality of victim and witness information.—
2701 (1) Information held by any state or local law enforcement
2702 agency, any state attorney, the statewide prosecutor, or the
2703 Department of Law Enforcement which discloses:
2704 (a) The identity or location of a victim or witness who has
2705 been identified or certified for protective or relocation
2706 services pursuant to s. 914.25;
2707 (b) The identity or location of an immediate family member
2708 of a victim or witness who has been identified or certified
2709 pursuant to s. 914.25;
2710 (c) Relocation sites, techniques, or procedures utilized or
2711 developed as a result of the victim and witness protective
2712 services afforded by s. 914.25; or
2713 (d) The identity or relocation site of any victim, witness,
2714 or immediate family member of a victim or witness who has made a
2715 relocation of permanent residence by reason of the victim’s or
2716 witness’s involvement in the investigation or prosecution giving
2717 rise to certification for protective or relocation services
2718 pursuant to s. 914.25;
2719
2720 is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
2721 I of the State Constitution. Such information may be shared by
2722 law enforcement agencies, state attorneys, and the statewide
2723 prosecutor to facilitate the protective or relocation services
2724 provided pursuant to s. 914.25 and to support the prosecution
2725 efforts of the state attorneys and the statewide prosecutor. Any
2726 information so shared must remain confidential and exempt in the
2727 hands of any agency or entity to which the information is
2728 provided.
2729 Reviser’s note.—Amended to confirm an editorial insertion to
2730 improve clarity.
2731 Section 55. Paragraph (c) of subsection (1) of section
2732 916.111, Florida Statutes, is amended to read:
2733 916.111 Training of mental health experts.—The evaluation
2734 of defendants for competency to proceed or for sanity at the
2735 time of the commission of the offense shall be conducted in such
2736 a way as to ensure uniform application of the criteria
2737 enumerated in Rules 3.210 and 3.216, Florida Rules of Criminal
2738 Procedure. The department shall develop, and may contract with
2739 accredited institutions:
2740 (1) To provide:
2741 (c) Training for mental health professionals in the
2742 application of these protocols and procedures in performing
2743 forensic evaluations and providing reports to the courts.
2744 Training must include, but is not limited to, information on
2745 statutes and rules related to competency restoration, evidence
2746 based practices, and least restrictive treatment alternatives
2747 and placement options as described in s. 916.12(4)(c); and
2748 Reviser’s note.—Amended to improve clarity and facilitate
2749 correct interpretation. Section 916.12(4)(c) references
2750 both treatment alternatives and placement options.
2751 Section 56. Paragraph (a) of subsection (1) of section
2752 916.115, Florida Statutes, is amended to read:
2753 916.115 Appointment of experts.—
2754 (1) The court shall appoint no more than three experts to
2755 determine the mental condition of a defendant in a criminal
2756 case, including competency to proceed, insanity, involuntary
2757 placement, and treatment. The experts may evaluate the defendant
2758 in jail or in another appropriate local facility or in a
2759 facility of the Department of Corrections.
2760 (a) Each The court-appointed expert experts shall:
2761 1. Be a psychiatrist, licensed psychologist, or physician.
2762 2. Have completed initial and annual forensic evaluator
2763 training, provided by the department.
2764 3. If performing juvenile evaluations, have completed
2765 initial and annual juvenile forensic competency evaluation
2766 training provided by the department.
2767 Reviser’s note.—Amended to improve sentence structure.
2768 Section 57. Paragraph (i) of subsection (3) of section
2769 921.0022, Florida Statutes, is amended to read:
2770 921.0022 Criminal Punishment Code; offense severity ranking
2771 chart.—
2772 (3) OFFENSE SEVERITY RANKING CHART
2773 (i) LEVEL 9
2774
2775 FloridaStatute FelonyDegree Description
2776 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
2777 316.193 (3)(c)3.c. 1st DUI manslaughter; prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
2778 327.35 (3)(a)3.c.(II) 1st BUI manslaughter; failing to render aid or give information.
2779 327.35 (3)(a)3.c.(III) 327.35(3)(c)3.c. 1st BUI manslaughter; prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
2780 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
2781 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
2782 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
2783 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
2784 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
2785 775.0844 1st Aggravated white collar crime.
2786 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
2787 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
2788 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
2789 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
2790 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
2791 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
2792 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
2793 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
2794 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
2795 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
2796 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
2797 790.161 1st Attempted capital destructive device offense.
2798 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
2799 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
2800 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
2801 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
2802 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
2803 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
2804 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
2805 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
2806 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
2807 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
2808 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
2809 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
2810 812.135(2)(b) 1st Home-invasion robbery with weapon.
2811 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
2812 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
2813 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
2814 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
2815 827.03(2)(a) 1st Aggravated child abuse.
2816 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
2817 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
2818 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
2819 893.135 1st Attempted capital trafficking offense.
2820 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
2821 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
2822 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
2823 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
2824 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
2825 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
2826 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
2827 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
2828 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
2829 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
2830 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
2831 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
2832 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
2833 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
2834 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
2835 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
2836 Reviser’s note.—Amended to confirm an editorial substitution to
2837 conform to the redesignation of subunits in s. 327.35(3) by
2838 s. 6, ch. 2025-197, Laws of Florida.
2839 Section 58. Subsection (6) of section 934.255, Florida
2840 Statutes, is amended to read:
2841 934.255 Subpoenas in investigations of sexual offenses.—
2842 (6) An investigative or law enforcement officer who obtains
2843 a subpoena pursuant to paragraph (2)(c) may delay the
2844 notification required under that paragraph for a period not to
2845 exceed 180 days upon the execution of a written certification of
2846 a supervisory official that there is reason to believe that that
2847 notification of the existence of the subpoena may have an
2848 adverse result described in subsection (7).
2849 Reviser’s note.—Amended to confirm an editorial deletion to
2850 remove duplicative language.
2851 Section 59. Paragraph (c) of subsection (7) of section
2852 945.42, Florida Statutes, is amended to read:
2853 945.42 Definitions; ss. 945.40-945.49.—As used in ss.
2854 945.40-945.49, the following terms shall have the meanings
2855 ascribed to them, unless the context shall clearly indicate
2856 otherwise:
2857 (7) “In need of care and treatment” means that an inmate
2858 has a mental illness for which inpatient services in a mental
2859 health treatment facility are necessary and because of the
2860 mental illness:
2861 (c) The inmate is unable to determine for himself or
2862 herself whether placement is necessary.; and
2863 Reviser’s note.—Amended to conform to punctuation elsewhere in
2864 the subsection. As amended by s. 9, ch. 2025-81, Laws of
2865 Florida, paragraphs (7)(a), (b), and (d) end in periods.
2866 Section 60. Subsection (2) and paragraph (a) of subsection
2867 (3) of section 945.485, Florida Statutes, are amended to read:
2868 945.485 Management and treatment for self-injurious
2869 behaviors.—
2870 (2) In accordance with s. 945.6402 s. 945.6042, the
2871 Legislature finds that an inmate retains the fundamental right
2872 of self-determination regarding decisions pertaining to his or
2873 her own health, including the right to choose or refuse medical
2874 treatment or life-saving medical procedures. However, the
2875 inmate’s right to privacy and decisionmaking regarding medical
2876 treatment may be outweighed by compelling state interests.
2877 (3) When an inmate is engaging in active or ongoing self
2878 injurious behavior and has refused to provide express and
2879 informed consent for treatment related to the self-injurious
2880 behavior, the warden of the facility where the inmate is housed
2881 shall consult with the inmate’s treating physician regarding the
2882 inmate’s medical and mental health status, current medical and
2883 mental health treatment needs, and competency to provide express
2884 and informed consent for treatment. The warden shall also
2885 determine whether the inmate’s self-injurious behavior presents
2886 a danger to the safety of department staff or other inmates or
2887 the security, internal order, or discipline of the institution.
2888 (a) If the inmate’s treating physician determines that the
2889 inmate has a mental illness and is incompetent to consent to
2890 treatment, the physician shall proceed in accordance with s.
2891 945.6402 s. 945.6042 for any necessary surgical or medical
2892 services. If the inmate is in need of care and treatment as
2893 defined in s. 945.42, the inmate shall be referred to a mental
2894 health treatment facility for an involuntary examination in
2895 accordance with s. 945.44.
2896 Reviser’s note.—Amended to correct a transposition error.
2897 Section 945.6402 relates to inmate health care advance
2898 directives. Section 945.6042 does not exist.
2899 Section 61. Subsection (2) of section 951.27, Florida
2900 Statutes, is amended to read:
2901 951.27 Blood tests of inmates.—
2902 (2) Except as otherwise provided in this subsection,
2903 serologic blood test results obtained pursuant to subsection (1)
2904 are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
2905 I of the State Constitution. However, it is not unlawful for the
2906 person receiving the test results to divulge the test results to
2907 the sheriff or chief correctional officer. Such test results
2908 must also be provided to employees or officers of the sheriff or
2909 chief correctional officer who are responsible for the custody
2910 and care of the affected inmate and have a need to know such
2911 information, to any person who provided a notice of exposure
2912 under subsection (4), and as provided in ss. 775.0877 and
2913 960.003. In addition, upon request of the victim or the victim’s
2914 legal guardian, or the parent or legal guardian of the victim if
2915 the victim is a minor, the results of any HIV test performed on
2916 an inmate arrested for any sexual offense involving oral, anal,
2917 or female genital penetration by, or union with, the sexual
2918 organ of another, must be disclosed to the victim or the
2919 victim’s legal guardian, or to the parent or legal guardian of
2920 the victim if the victim is a minor. In such cases, the county
2921 or municipal detention facility shall furnish the test results
2922 to the Department of Health, which is responsible for disclosing
2923 the results to public health agencies as provided in s. 775.0877
2924 and to the victim or the victim’s legal guardian, or the parent
2925 or legal guardian of the victim if the victim is a minor, as
2926 provided in s. 960.003(3). As used in this subsection, the term
2927 “female genitals” includes the labia minora, labia majora,
2928 clitoris, vulva, hymen, and vagina.
2929 Reviser’s note.—Amended to confirm an editorial insertion to
2930 improve clarity.
2931 Section 62. Subsection (14) of section 984.151, Florida
2932 Statutes, is amended to read:
2933 984.151 Early truancy intervention; truancy petition;
2934 judgment.—
2935 (14) Any truant student who that meets the definition of a
2936 child in need of services and who has been found in contempt for
2937 violation of a court order under s. 984.09 two or more times
2938 shall be referred to the case staffing committee under s. 984.12
2939 with a recommendation to file a petition for a child in need of
2940 services.
2941 Reviser’s note.—Amended to confirm an editorial substitution to
2942 conform to context.
2943 Section 63. Subsection (2) of section 984.19, Florida
2944 Statutes, is amended to read:
2945 984.19 Medical screening and treatment of child;
2946 examination of parent, legal guardian, or person requesting
2947 custody.—
2948 (2) When the medical screening authorized by subsection (1)
2949 is performed or when it is otherwise determined by a licensed
2950 health care professional that a child is in need of medical
2951 treatment, consent for medical treatment shall be obtained in
2952 the following manner:
2953 (a)1. Consent to medical treatment shall be obtained from a
2954 parent, legal guardian, or custodian of the child; or
2955 2. A court order for such treatment shall be obtained.
2956 (b) If a parent, legal guardian, or custodian of the child
2957 is unavailable and his or her whereabouts cannot be reasonably
2958 ascertained, and it is after normal working hours so that a
2959 court order cannot reasonably be obtained, an authorized agent
2960 of the department or its provider has the authority to consent
2961 to necessary medical treatment for the child. The authority of
2962 the department to consent to medical treatment in this
2963 circumstance is limited to the time reasonably necessary to
2964 obtain court authorization.
2965 (c) If a parent, legal guardian, or custodian of the child
2966 is available but refuses to consent to the necessary treatment,
2967 a court order is required, unless the situation meets the
2968 definition of an emergency in s. 743.064 or the treatment needed
2969 is related to suspected abuse or neglect of the child by the
2970 parent or guardian. In such case, the department’s authorized
2971 agent may consent to necessary medical treatment. This authority
2972 is limited to the time reasonably necessary to obtain court
2973 authorization.
2974
2975 In no case may the department consent to sterilization,
2976 abortion, or termination of life support.
2977 Reviser’s note.—Amended to confirm an editorial insertion to
2978 improve clarity.
2979 Section 64. Subsection (1) of section 984.21, Florida
2980 Statutes, is amended to read:
2981 984.21 Orders of adjudication.—
2982 (1) An order of adjudication by a court that a child is a
2983 child in need of services is a civil adjudication, and is not be
2984 deemed a conviction, nor shall the child be deemed to have been
2985 found guilty or to be a delinquent or criminal by reason of
2986 adjudication, nor shall that adjudication operate to impose upon
2987 the child any of the civil disabilities ordinarily imposed by or
2988 resulting from conviction or disqualify or prejudice the child
2989 in any civil service application or appointment.
2990 Reviser’s note.—Amended to confirm an editorial deletion to
2991 improve clarity.
2992 Section 65. Paragraph (c) of subsection (2) of section
2993 1003.27, Florida Statutes, is amended to read:
2994 1003.27 Court procedure and penalties.—The court procedure
2995 and penalties for the enforcement of the provisions of this
2996 part, relating to compulsory school attendance, shall be as
2997 follows:
2998 (2) NONENROLLMENT AND NONATTENDANCE CASES.—
2999 (c) The district school superintendent must provide the
3000 Department of Highway Safety and Motor Vehicles the legal name,
3001 sex, date of birth, and social security number of each minor
3002 student who has been reported under this paragraph and who fails
3003 to otherwise satisfy the requirements of s. 322.091. The
3004 Department of Highway Safety and Motor Vehicles may not issue a
3005 driver license or learner’s driver license to, and shall suspend
3006 any previously issued driver license or learner’s driver license
3007 of, any such minor student, pursuant to s. 322.091.
3008 Reviser’s note.—Amended to confirm the editorial reinsertion of
3009 the word “to” as stricken by s. 32, ch. 2025-153, Laws of
3010 Florida, to improve clarity.
3011 Section 66. Paragraph (b) of subsection (6) of section
3012 1008.25, Florida Statutes, is amended to read:
3013 1008.25 Public school student progression; student support;
3014 coordinated screening and progress monitoring; reporting
3015 requirements.—
3016 (6) MATHEMATICS DEFICIENCY AND PARENTAL NOTIFICATION.—
3017 (b) A Voluntary Prekindergarten Education Program student
3018 who exhibits a substantial deficiency in early math skills based
3019 upon the results of the administration of the midyear or final
3020 coordinated screening and progress monitoring under subsection
3021 (9) (8) shall be referred to the local school district and may
3022 be eligible to receive intensive mathematics interventions
3023 before participating in kindergarten.
3024 Reviser’s note.—Amended to correct a cross-reference to conform
3025 to context. Subsection (8) relates to successful
3026 progression for retained third grade students; subsection
3027 (9) relates to a coordinated screening and progress
3028 monitoring system.
3029 Section 67. Paragraph (c) of subsection (1) of section
3030 1011.61, Florida Statutes, is amended to read:
3031 1011.61 Definitions.—Notwithstanding the provisions of s.
3032 1000.21, the following terms are defined as follows for the
3033 purposes of the Florida Education Finance Program:
3034 (1) A “full-time equivalent student” in each program of the
3035 district is defined in terms of full-time students and part-time
3036 students as follows:
3037 (c)1. A “full-time equivalent student” is:
3038 a. A full-time student in any one of the programs listed in
3039 s. 1011.62(1)(c); or
3040 b. A combination of full-time or part-time students in any
3041 one of the programs listed in s. 1011.62(1)(c) which is the
3042 equivalent of one full-time student based on the following
3043 calculations:
3044 (I) A full-time student in a combination of programs listed
3045 in s. 1011.62(1)(c) shall be a fraction of a full-time
3046 equivalent membership in each special program equal to the
3047 number of net hours per school year for which he or she is a
3048 member, divided by the appropriate number of hours set forth in
3049 subparagraph (a)1. The difference between that fraction or sum
3050 of fractions and the maximum value as set forth in subsection
3051 (3) (4) for each full-time student is presumed to be the balance
3052 of the student’s time not spent in a special program and shall
3053 be recorded as time in the appropriate basic program.
3054 (II) A prekindergarten student with a disability shall meet
3055 the requirements specified for kindergarten students.
3056 (III) A full-time equivalent student for students in
3057 kindergarten through grade 12 in a full-time virtual instruction
3058 program under s. 1002.45 or a virtual charter school under s.
3059 1002.33 shall consist of six full-credit completions or the
3060 prescribed level of content that counts toward promotion to the
3061 next grade in programs listed in s. 1011.62(1)(c). Credit
3062 completions may be a combination of full-credit courses or half
3063 credit courses.
3064 (IV) A full-time equivalent student for students in
3065 kindergarten through grade 12 in a part-time virtual instruction
3066 program under s. 1002.45 shall consist of six full-credit
3067 completions in programs listed in s. 1011.62(1)(c)1. and 3.
3068 Credit completions may be a combination of full-credit courses
3069 or half-credit courses.
3070 (V) A Florida Virtual School full-time equivalent student
3071 shall consist of six full-credit completions or the prescribed
3072 level of content that counts toward promotion to the next grade
3073 in the programs listed in s. 1011.62(1)(c)1. and 3. for students
3074 participating in kindergarten through grade 12 part-time virtual
3075 instruction and the programs listed in s. 1011.62(1)(c) for
3076 students participating in kindergarten through grade 12 full
3077 time virtual instruction. Credit completions may be a
3078 combination of full-credit courses or half-credit courses.
3079 (VI) Each successfully completed full-credit course earned
3080 through an online course delivered by a district other than the
3081 one in which the student resides shall be calculated as 1/6 FTE.
3082 (VII) A full-time equivalent student for courses requiring
3083 passage of a statewide, standardized end-of-course assessment
3084 under s. 1003.4282 to earn a standard high school diploma shall
3085 be defined and reported based on the number of instructional
3086 hours as provided in this subsection.
3087 (VIII) For students enrolled in a school district as a
3088 full-time student, the district may report 1/6 FTE for each
3089 student who passes a statewide, standardized end-of-course
3090 assessment without being enrolled in the corresponding course.
3091 2. A student in membership in a program scheduled for more
3092 or less than 180 school days or the equivalent on an hourly
3093 basis as specified by rules of the State Board of Education is a
3094 fraction of a full-time equivalent membership equal to the
3095 number of instructional hours in membership divided by the
3096 appropriate number of hours set forth in subparagraph (a)1.;
3097 however, for the purposes of this subparagraph, membership in
3098 programs scheduled for more than 180 days is limited to students
3099 enrolled in:
3100 a. Juvenile justice education programs.
3101 b. The Florida Virtual School.
3102 c. Virtual instruction programs and virtual charter schools
3103 for the purpose of course completion and credit recovery
3104 pursuant to ss. 1002.45 and 1003.498. Course completion applies
3105 only to a student who is reported during the second or third
3106 membership surveys and who does not complete a virtual education
3107 course by the end of the regular school year. The course must be
3108 completed no later than the deadline for amending the final
3109 student enrollment survey for that year. Credit recovery applies
3110 only to a student who has unsuccessfully completed a traditional
3111 or virtual education course during the regular school year and
3112 must retake the course in order to be eligible to graduate with
3113 the student’s class.
3114
3115 The full-time equivalent student enrollment calculated under
3116 this subsection is subject to the requirements in subsection
3117 (3).
3118
3119 The department shall determine and implement an equitable method
3120 of equivalent funding for schools operating under emergency
3121 conditions, which schools have been approved by the department
3122 to operate for less than the minimum term as provided in s.
3123 1011.60(2).
3124 Reviser’s note.—Amended to correct a cross-reference to conform
3125 to the redesignation of subunits in s. 1011.61 by s. 16,
3126 ch. 2025-203, Laws of Florida.
3127 Section 68. Paragraph (f) of subsection (2) of section
3128 1012.552, Florida Statutes, is amended to read:
3129 1012.552 The Coaching for Educator Readiness and Teaching
3130 (CERT) Certification Program.—
3131 (2) PROGRAM REQUIREMENTS.—A CERT program must include all
3132 of the following:
3133 (f) Provide Guidance and on-the-job training in the
3134 classroom on mastering Florida Educator Accomplished Practices.
3135 Reviser’s note.—Amended to conform to context and improve
3136 clarity.
3137 Section 69. This act shall take effect on the 60th day
3138 after adjournment sine die of the session of the Legislature in
3139 which enacted.