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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A reviser's bill to be entitled 1
An act relating to the Florida Statutes; amending ss. 2
28.2221, 39.00146, 50.0211, 95.361, 97.0575, 102.072, 3
110.117, 110.12303, 171.203, 189.0695, 193.4517, 4
265.2865, 282.318, 282.319, 288.106, 288.8014, 5
290.0475, 316.5501, 319.141, 319.1414, 319.25, 6
322.032, 322.18, 337.11, 337.401, 350.0605, 366.02, 7
366.032, 366.04, 366.96, 373.016, 373.0465, 373.701, 8
373.707, 379.2311, 380.0933, 390.011, 395.002, 9
395.701, 397.410, 402.62, 403.064, 403.086, 409.905, 10
413.271, 420.602, 445.007, 468.505, 480.033, 553.791, 11
604.73, 624.105, 624.51057, 626.9541, 633.202, 660.46, 12
736.1008, 736.1411, 738.602, 765.101, 768.1382, 13
768.381, 812.014, 812.015, 823.14, 849.086, 870.01, 14
948.16, 1001.03, 1001.10, 1001.42, 1002.33, 1002.37, 15
1002.421, 1002.82, 1003.4203, 1003.4282, 1003.5716 , 16
1004.015, 1004.097, 1006.60, 1008.25, 1008.30, 17
1008.31, 1008.365, 1011.62, 1011.802, and 1012.976, 18
F.S.; deleting provisions that have expired, have 19
become obsolete, have had their effect, have served 20
their purpose, or have been impliedly repealed or 21
superseded; replacing incorrect cross -references and 22
citations; correcting grammatical, typographical, and 23
like errors; removing inconsistencies, redundancies, 24
and unnecessary repetition in the statutes; and 25
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improving the clarity of the statutes and facilitat ing 26
their correct interpretation; providing an effective 27
date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Paragraph (c) of subsection (5) of section 32
28.2221, Florida Statutes, is amended to read: 33
28.2221 Electronic acc ess to official records. — 34
(5) 35
(c) Notice of the right of any affected party to request 36
removal of information or records pursuant to this subsection 37
must be conspicuously and clearly displayed by the county 38
recorder on the publicly available Internet we bsite on which 39
images or copies of the county's public records are placed and 40
in the office of each county recorder. Such notice must contain 41
appropriate instructions for making the removal request in 42
person, by mail, or by electronic transmission. The not ice must 43
state, in substantially similar form, that any person has a 44
right to request that a county recorder remove from a publicly 45
available Internet website information made exempt from 46
inspection or copying under s. 119.071 or an image or copy of a 47
public record, including an official record, if that image or 48
copy is of a military discharge; death certificate; or a court 49
file, record, or paper relating to matters or cases governed by 50
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the Florida Rules of Family Law, the Florida Rules of Juvenile 51
Procedure, or the Florida Probate Rules. The notice must state 52
that information removed as exempt under s. 119.071 will not be 53
removed from the Official Records as described in s. 28.222(2). 54
Such request must be made in writing and delivered in person, by 55
mail, or by electronic transmission to the county recorder. The 56
request must identify the Official Records book and page number, 57
instrument number, or clerk's file number for any information or 58
document to be removed. For requests for removal from a person 59
claiming a public records exemption pursuant to s. 119.071, the 60
request must be written; be notarized; state under oath the 61
statutory basis for removal of the information, image, or copy 62
that is restricted from general public display on the county 63
recorder's publicly available Internet website; and confirm the 64
individual's eligibility for exempt status. A party making a 65
false attestation is subject to the penalty of perjury under s. 66
837.012. A fee may not be charged for the removal of a document 67
pursuant to such request. 68
Reviser's note.—Amended to confirm an editorial insertion to 69
improve clarity. 70
Section 2. Paragraph (h) of subsection (2) of section 71
39.00146, Florida Statutes, is amended to read: 72
39.00146 Case record face sheet. — 73
(2) The case record of eve ry child under the supervision 74
or in the custody of the department or the department's 75
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authorized agents, including community -based care lead agencies 76
and their subcontracted providers, must include a face sheet 77
containing relevant information about the ch ild and his or her 78
case, including at least all of the following: 79
(h) If the child has any siblings and they are not placed 80
in the same out-of-home placement, the reasons the children are 81
not in joint placement and the reasonable efforts that the 82
department or appropriate lead agency will make to provide 83
frequent visitation or other ongoing interaction between the 84
siblings, unless the court determines that the interaction would 85
be contrary to a sibling's safety or well -being in accordance 86
with s. 39.4024. 87
Reviser's note.—Amended to confirm an editorial insertion to 88
improve clarity. 89
Section 3. Paragraph (b) of subsection (1) and paragraph 90
(d) of subsection (4) of section 50.0211, Florida Statutes, are 91
amended to read: 92
50.0211 Internet website publication.— 93
(1) As used in this section, the term: 94
(b) "Governmental agency notice" includes any of the 95
following notices required by law to be published in a 96
newspaper: 97
1. Notices related to special or local legal legislation 98
pursuant to s. 11.02. 99
2. Educational unit notices pursuant to s. 120.81. 100
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3. Retirement system notices pursuant to s. 121.0511. 101
4. Notices related to inclusion of positions in the Senior 102
Management Service Class of the Florida Retirement System 103
pursuant to s. 121.055. 104
5. Notices proposing the enactment of county ordinances 105
pursuant to s. 125.66. 106
6. Code enforcement notices published pursuant to s. 107
162.12. 108
7. Notices proposing the enactment of municipal ordinances 109
pursuant to s. 166.041. 110
8. Special district meeting notices pursuant to s. 111
189.015. 112
9. Establishment and termination notices for community 113
development districts pursuant to ss. 190.005 and 190.046, 114
respectively. 115
10. Disclosures of tax impact by value adjustment boards 116
pursuant to s. 194.037. 117
11. Advertisements of real or personal property with 118
delinquent taxes pursuant to s. 197.402. 119
12. Advertisements of hearing notices, millage rates, and 120
budgets pursuant to s. 200.065. 121
13. Turnpike project notices pursuant to s. 338.223. 122
14. Public-private partnership notices pursuant to ss. 123
348.0308 and 348.7605. 124
15. Notices of prime recharge area designations for the 125
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Floridan and Biscayne aquifers pursuant to s. 373.0397. 126
16. Water management district notices pursuant to s. 127
373.146. 128
17. Hazardous waste disposal notices pursuant to s. 129
403.722. 130
18. Forfeiture notices pursuant to ss. 849.38 and 932.704. 131
(4) 132
(d) The Florida Press Association shall seek to ensure 133
that minority populations throughout the state have equitable 134
access to legal notices posted on the statewide legal notice 135
website located at: www.floridapublicnotices.com. The Florida 136
Press Association shall publish a report listing all newspapers 137
that have placed notices on www.floridapublicnotices.com in the 138
preceding calendar quarter. The rep ort must specifically 139
identify which criteria under s. 50.011(1)(c)1. -3. that each 140
newspaper satisfied. Each quarterly report must also include the 141
number of unique visitors to the statewide legal notice website 142
during that quarter and the number of legal notices that were 143
published during that quarter by Internet -only publication or by 144
publication in a print newspaper and on the statewide website. 145
At a minimum, the reports for the 4 preceding calendar quarters 146
shall be available on the website. 147
Reviser's note.—Paragraph (1)(b) is amended to conform to the 148
fact that referenced s. 11.02 relates to notice of special 149
or local legislation or certain relief acts. Paragraph 150
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(4)(d) is amended to confirm an editorial deletion to 151
improve clarity. 152
Section 4. Subsection (2) of section 95.361, Florida 153
Statutes, is amended to read: 154
95.361 Roads presumed to be dedicated. — 155
(2) In those instances where a road has been constructed 156
by a nongovernmental entity, or where the road was not 157
constructed by the entity currently maintaining or repairing it, 158
or where it cannot be determined who constructed the road, and 159
when such road has been regularly maintained or repaired for the 160
immediate past 7 years by a county, a municipality, or the 161
Department of Transportation, whether jointly or severally, such 162
road shall be deemed to be dedicated to the public to the extent 163
of the width that actually has been maintained or repaired for 164
the prescribed period, whether or not the road has been formally 165
established as a public highway. This subsection shall not apply 166
to an electric utility, as defined in s. 366.02(4) 366.02(2). 167
The dedication shall vest all rights, title, easement, and 168
appurtenances in and to the road in: 169
(a) The county, if it is a county road; 170
(b) The municipality, if it is a municipal street or road; 171
or 172
(c) The state, if it is a road in the State Highway System 173
or State Park Road System, 174
175
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whether or not there is a record of conveyance, dedication, or 176
appropriation to the public use. 177
Reviser's note.—Amended to conform to the reordering of 178
definitions in s. 366.02 by this act. 179
Section 5. Paragraph (a) of subsection (3) of section 180
97.0575, Florida Statutes, is amended to read: 181
97.0575 Third-party voter registrations. — 182
(3)(a) A third-party voter registration organization that 183
collects voter registration applications serves as a fiduciary 184
to the applicant, ensuring that a ny voter registration 185
application entrusted to the organization, irrespective of party 186
affiliation, race, ethnicity, or gender, must be promptly 187
delivered to the division or the supervisor of elections in the 188
county in which the applicant resides within 14 days after the 189
application was completed by the applicant, but not after 190
registration closes for the next ensuing election. A third -party 191
voter registration organization must notify the applicant at the 192
time the application is collected that the organizat ion might 193
not deliver the application to the division or the supervisor of 194
elections in the county in which the applicant resides in less 195
than 14 days or before registration closes for the next ensuing 196
election and must advise the applicant that he or she may 197
deliver the application in person or by mail. The third -party 198
voter registration organization must also inform the applicant 199
how to register online with the division and how to determine 200
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whether the application has been delivered. If a voter 201
registration application collected by any third -party voter 202
registration organization is not promptly delivered to the 203
division or supervisor of elections in the county in which the 204
applicant resides, the third -party voter registration 205
organization is liable for the following fines: 206
1. A fine in the amount of $50 for each application 207
received by the division or the supervisor of elections in the 208
county in which the applicant resides more than 14 days after 209
the applicant delivered the completed voter registration 210
application to the third -party voter registration organization 211
or any person, entity, or agent acting on its behalf. A fine in 212
the amount of $250 for each application received if the third -213
party voter registration organization or person, entity, or 214
agency acting on its behalf acted willfully. 215
2. A fine in the amount of $100 for each application 216
collected by a third -party voter registration organization or 217
any person, entity, or agent acting on its behalf, before book 218
closing for any given election for feder al or state office and 219
received by the division or the supervisor of elections in the 220
county in which the applicant resides after the book -closing 221
deadline for such election. A fine in the amount of $500 for 222
each application received if the third -party registration 223
organization or person, entity, or agency acting on its behalf 224
acted willfully. 225
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3. A fine in the amount of $500 for each application 226
collected by a third -party voter registration organization or 227
any person, entity, or agent acting on its behalf , which is not 228
submitted to the division or supervisor of elections in the 229
county in which the applicant resides. A fine in the amount of 230
$1,000 for any application not submitted if the third -party 231
voter registration organization or person, entity, or agen cy 232
acting on its behalf acted willfully. 233
234
The aggregate fine pursuant to this paragraph which may be 235
assessed against a third -party voter registration organization, 236
including affiliate organizations, for violations committed in a 237
calendar year is $1,000. 238
Reviser's note.—Amended to confirm an editorial insertion to 239
improve clarity. 240
Section 6. Section 102.072, Florida Statutes, is amended 241
to read: 242
102.072 Vote-by-mail count reporting. —Beginning at 7 p.m. 243
on election day, the supervisor must, at least on ce every hour 244
while actively counting, post on his or her website the number 245
of vote-by-mail ballots that have been received and the number 246
of vote-by-mail ballots that remain uncounted. 247
Reviser's note.—Amended to improve sentence construction. 248
Section 7. Subsection (1) of section 110.117, Florida 249
Statutes, is amended to read: 250
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110.117 Paid holidays. — 251
(1) The following holidays shall be paid holidays observed 252
by all state branches and agencies: 253
(a) New Year's Day. 254
(b) Birthday of Martin Luther Ki ng, Jr., third Monday in 255
January. 256
(c) Memorial Day. 257
(d) Independence Day. 258
(e) Labor Day. 259
(f) Veterans' Day, November 11. 260
(g) Thanksgiving Day. 261
(h) Friday after Thanksgiving. 262
(i) Christmas Day. 263
(j) If any of these holidays falls on Saturday, the 264
preceding Friday shall be observed as a holiday. If any of these 265
holidays falls on Sunday, the following Monday shall be observed 266
as a holiday. 267
268
If any of these holidays falls on Saturday, the 269
preceding Friday shall be observed as a holiday. If 270
any of these holidays falls on Sunday, the following 271
Monday shall be observed as a holiday. 272
Reviser's note.—Amended to conform to context. Paragraph (j) is 273
not a listed holiday and is applicable to the list of 274
holidays in paragraphs (a) -(i). 275
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Section 8. Paragraph (e) of subsection (3) of section 276
110.12303, Florida Statutes, is amended to read: 277
110.12303 State group insurance program; additional 278
benefits; price transparency program; reporting. — 279
(3) The department shall contract with an entity that 280
provides enrollees with online information on the cost and 281
quality of health care services and providers, allows an 282
enrollee to shop for health care services and providers, and 283
rewards the enrollee by sharing savings generated by the 284
enrollee's choice of services o r providers. The contract shall 285
require the entity to: 286
(e) On or before January 1 of 2019, 2020, and 2021, the 287
department shall report to the Governor, the President of the 288
Senate, and the Speaker of the House of Representatives on the 289
participation level, amount paid to enrollees, and cost -savings 290
to both the enrollees and the state resulting from the 291
implementation of this subsection. 292
Reviser's note.—Amended to delete an obsolete provision. 293
Section 9. Paragraph (d) of subsection (6) of section 294
171.203, Florida Statutes, is amended to read: 295
171.203 Interlocal service boundary agreement. —The 296
governing body of a county and one or more municipalities or 297
independent special districts within the county may enter into 298
an interlocal service boundary agreem ent under this part. The 299
governing bodies of a county, a municipality, or an independent 300
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special district may develop a process for reaching an 301
interlocal service boundary agreement which provides for public 302
participation in a manner that meets or exceeds the requirements 303
of subsection (13), or the governing bodies may use the process 304
established in this section. 305
(6) An interlocal service boundary agreement may address 306
any issue concerning service delivery, fiscal responsibilities, 307
or boundary adjustment. The agreement may include, but need not 308
be limited to, provisions that: 309
(d) Address other services and infrastructure not 310
currently provided by an electric utility as defined by s. 311
366.02(4) s. 366.02(2) or a natural gas transmission company as 312
defined by s. 368.103(4). However, this paragraph does not 313
affect any territorial agreement between electrical utilities or 314
public utilities under chapter 366 or affect the determination 315
of a territorial dispute by the Public Service Commission under 316
s. 366.04. 317
Reviser's note.—Amended to conform to the reordering of 318
definitions in s. 366.02 by this act. 319
Section 10. Paragraph (f) of subsection (1) of section 320
189.0695, Florida Statutes, is amended to read: 321
189.0695 Independent special districts; performance 322
reviews.— 323
(1) For purposes of this section, the term "performance 324
review" means an evaluation of an independent special district 325
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and its programs, activities, and functions. The term includes 326
research and analysis of the following: 327
(f) The extent to which the special district's goals and 328
objectives have been achieved, including whether the goals and 329
objectives are clearly stated, are measurable, adequately 330
address the statutory purpose of the special district, provide 331
sufficient direction for the district' s programs and activities, 332
and may be achieved within the district's adopted budget. 333
Reviser's note.—Amended to confirm an editorial insertion to 334
improve clarity. 335
Section 11. Paragraphs (a) and (b) of subsection (1) of 336
section 193.4517, Florida Statute s, are amended to read: 337
193.4517 Assessment of agricultural equipment rendered 338
unable to be used due to Hurricane Michael. — 339
(1) As used in this section, the term: 340
(a) "Farm" has the same meaning as provided in s. 341
823.14(3)(c) s. 823.14(3)(b). 342
(b) "Farm operation" has the same meaning as provided in 343
s. 823.14(3)(d) s. 823.14(3)(c). 344
Reviser's note.—Amended to conform to the reordering of 345
definitions in s. 823.14(3) by this act. 346
Section 12. Subsection (6) of section 265.2865, Florida 347
Statutes, is amended to read: 348
265.2865 Florida Artists Hall of Fame. — 349
(6) The Division of Arts and Culture of the Department of 350
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State shall adopt rules necessary to carry out the purposes of 351
this section, including, but not limited to, procedures for 352
accepting nominations to, making recommendations for, and 353
selecting members of the Florida Artists Hall of Fame and 354
providing travel expenses for such recipients. Notwithstanding 355
s. 112.061, the Secretary of State may approve first -class 356
travel accommodations for r ecipients of the Florida Artists Hall 357
of Fame award and their representatives for health or security 358
purposes. 359
Reviser's note.—Amended to confirm an editorial insertion to 360
improve clarity. 361
Section 13. Paragraph (h) of subsection (4) of section 362
282.318, Florida Statutes, is amended to read: 363
282.318 Cybersecurity. — 364
(4) Each state agency head shall, at a minimum: 365
(h) Ensure that the cybersecurity requirements in both the 366
written specifications for the solicitation, contracts, and 367
service-level agreement of information technology and 368
information technology resources and services meet or exceed the 369
applicable state and federal laws, regulations, and standards 370
for cybersecurity, including the National Institute of Standards 371
and Technology Cybersecurity F ramework. Service-level agreements 372
must identify service provider and state agency responsibilities 373
for privacy and security, protection of government data, 374
personnel background screening, and security deliverables with 375
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associated frequencies. 376
Reviser's note.—Amended to confirm an editorial deletion to 377
facilitate correct interpretation. 378
Section 14. Paragraph (j) of subsection (4) of section 379
282.319, Florida Statutes, is amended to read: 380
282.319 Florida Cybersecurity Advisory Council. — 381
(4) The council shall be comprised of the following 382
members: 383
(j) Three representatives from critical infrastructure 384
sectors, one of whom which must be from a water treatment 385
facility, appointed by the Governor. 386
Reviser's note.—Amended to confirm an editorial substitut ion to 387
conform to context. 388
Section 15. Paragraph (q) of subsection (2) of section 389
288.106, Florida Statutes, is amended to read: 390
288.106 Tax refund program for qualified target industry 391
businesses.— 392
(2) DEFINITIONS.—As used in this section: 393
(q) "Target industry business" means a corporate 394
headquarters business or any business that is engaged in one of 395
the target industries identified pursuant to the following 396
criteria developed by the department in consultation with 397
Enterprise Florida, Inc.: 398
1. Future growth.—Industry forecasts should indicate 399
strong expectation for future growth in both employment and 400
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output, according to the most recent available data. Special 401
consideration should be given to businesses that export goods 402
to, or provide services in, international markets and businesses 403
that replace domestic and international imports of goods or 404
services. 405
2. Stability.—The industry should not be subject to 406
periodic layoffs, whether due to seasonality or sensitivity to 407
volatile economic variables such as weather. The industry should 408
also be relatively resistant to recession, so that the demand 409
for products of this industry is not typically subject to 410
decline during an economic downturn. 411
3. High wage.—The industry should pay relatively high 412
wages compared to statewide or area averages. 413
4. Market and resource independent. —The location of 414
industry businesses should not be dependent on Florida markets 415
or resources as indicated by industry analysis, except for 416
businesses in the renewable energy indu stry. 417
5. Industrial base diversification and strengthening. —The 418
industry should contribute toward expanding or diversifying the 419
state's or area's economic base, as indicated by analysis of 420
employment and output shares compared to national and regional 421
trends. Special consideration should be given to industries that 422
strengthen regional economies by adding value to basic products 423
or building regional industrial clusters as indicated by 424
industry analysis. Special consideration should also be given to 425
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the development of strong industrial clusters that include 426
defense and homeland security businesses. 427
6. Positive economic impact. —The industry is expected to 428
have strong positive economic impacts on or benefits to the 429
state or regional economies. Special consid eration should be 430
given to industries that facilitate the development of the state 431
as a hub for domestic and global trade and logistics. 432
433
The term does not include any business engaged in retail 434
industry activities; any electrical utility company as defined 435
in s. 366.02(4) s. 366.02(2); any phosphate or other solid 436
minerals severance, mining, or processing operation; any oil or 437
gas exploration or production operation; or any business subject 438
to regulation by the Division of Hotels and Restaurants of the 439
Department of Business and Professional Regulation. Any business 440
within NAICS code 5611 or 5614, office administrative services 441
and business support services, respectively, may be considered a 442
target industry business only after the local governing body and 443
Enterprise Florida, Inc., make a determination that the 444
community where the business may locate has conditions affecting 445
the fiscal and economic viability of the local community or 446
area, including but not limited to, factors such as low per 447
capita income, high unemployment, high underemployment, and a 448
lack of year-round stable employment opportunities, and such 449
conditions may be improved by t he location of such a business to 450
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the community. By January 1 of every 3rd year, beginning January 451
1, 2011, the department, in consultation with Enterprise 452
Florida, Inc., economic development organizations, the State 453
University System, local governments, e mployee and employer 454
organizations, market analysts, and economists, shall review 455
and, as appropriate, revise the list of such target industries 456
and submit the list to the Governor, the President of the 457
Senate, and the Speaker of the House of Representativ es. 458
Reviser's note.—Amended to conform to the reordering of 459
definitions in s. 366.02 by this act. 460
Section 16. Subsection (8) of section 288.8014, Florida 461
Statutes, is amended to read: 462
288.8014 Triumph Gulf Coast, Inc.; organization; board of 463
directors.— 464
(8) The Secretary of Economic Opportunity, or his or her 465
designee, the Secretary of the Department of Environmental 466
Protection, or his or her designee, and the chair of the 467
Committee of 8 Disproportionally Affected Counties, or his or 468
her designee, shall be available to consult with the board of 469
directors and may be requested to attend meetings of the board 470
of directors. These individuals shall not be permitted to vote 471
on any matter before the board. 472
Reviser's note.—Amended to provide consiste nt terminology. 473
"Secretary of Environmental Protection" is Florida Statutes 474
preferred style. 475
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Section 17. Subsection (5) of section 290.0475, Florida 476
Statutes, is amended to read: 477
290.0475 Rejection of grant applications; penalties for 478
failure to meet application conditions. —Applications are 479
ineligible for funding if any of the following circumstances 480
arise: 481
(5) The applicant has an open community development block 482
grant, except as provided in s. 290.046(2)(a)-(c) s. 483
290.046(2)(b) and (c) and department rules; 484
Reviser's note.—Amended to conform to the redesignation of s. 485
290.046(2)(b) and (c) as s. 290.046(2)(a) -(c) by s. 5, ch. 486
2021-25, Laws of Florida. 487
Section 18. Paragraph (a) of subsection (1) of section 488
316.5501, Florida Statutes, is amended to read: 489
316.5501 Permitting program for combination truck tractor, 490
semitrailer, and trailer combination coupled as a single unit 491
subject to certain requirements. — 492
(1) By no later than January 1, 2020, the Department of 493
Transportation in conjunction wi th the Department of Highway 494
Safety and Motor Vehicles shall develop a permitting program 495
that, notwithstanding any other provision of law except 496
conflicting federal law and applicable provisions of s. 316.550, 497
prescribes the operation of any combination o f truck tractor, 498
semitrailer, and trailer combination coupled together so as to 499
operate as a single unit in which the semitrailer and the 500
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trailer unit may each be up to 48 feet in length, but not less 501
than 28 feet in length, if such truck tractor, semitrai ler, and 502
trailer combination is: 503
(a) Being used for the primary purpose of transporting 504
farm products as defined in s. 823.14(3)(e) s. 823.14(3)(d) on a 505
prescribed route within the boundary of the Everglades 506
Agricultural Area as described in s. 373.4592( 15); 507
Reviser's note.—Amended to conform to the reordering of 508
definitions in s. 823.14(3) by this act. 509
Section 19. Subsection (10) of section 319.141, Florida 510
Statutes, is amended to read: 511
319.141 Rebuilt motor vehicle inspection program. — 512
(10) On or before July 1, 2021, the department shall 513
submit a written report to the President of the Senate and the 514
Speaker of the House of Representatives evaluating the 515
effectiveness of the program and whether to expand the program 516
to other counties. 517
Reviser's note.—Amended to delete an obsolete provision; the 518
referenced report was submitted July 1, 2021. 519
Section 20. Subsection (3) of section 319.1414, Florida 520
Statutes, is amended to read: 521
319.1414 Department -authorized private rebuilt inspection 522
providers; investigations; examinations; proceedings; subpoenas 523
and other process; witnesses; oaths; rules. — 524
(3) If a person refuses to testify; to produce books, 525
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papers, documents, or records; or to otherwise obey a subpoena 526
or subpoena duces tecum issued under su bsection (2), the 527
department may petition a court of competent jurisdiction in the 528
county where the person's residence or principal place of 529
business is located, upon which the court must issue an order 530
requiring such person to obey the subpoena or show ca use for 531
failing to obey the subpoena. Unless the person shows sufficient 532
cause for failing to obey the subpoena, the court shall direct 533
the person to obey the subpoena. Failure to comply with such 534
order is contempt of court. 535
Reviser's note.—Amended to confirm an editorial insertion to 536
improve clarity. 537
Section 21. Subsection (5) of section 319.25, Florida 538
Statutes, is amended to read: 539
319.25 Cancellation of certificates; investigations; 540
examinations; proceedings; subpoenas and other process; 541
witnesses; oaths; rules.— 542
(5) If a person refuses to testify; to produce books, 543
papers, documents, or records; or to otherwise obey the subpoena 544
or subpoena duces tecum issued under subsection (4), the 545
department may petition a court of competent jurisdiction in t he 546
county where the person's residence or principal place of 547
business is located, upon which the court must issue an order 548
requiring such person to obey the subpoena or show cause for 549
failing to obey the subpoena. Unless the person shows sufficient 550
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cause for failing to obey the subpoena, the court must direct 551
the person to obey the subpoena. Failure to comply with such 552
order is contempt of court. 553
Reviser's note.—Amended to confirm an editorial insertion to 554
improve clarity. 555
Section 22. Paragraph (b) of subsection (3) of section 556
322.032, Florida Statutes, is amended to read: 557
322.032 Digital proof of driver license or identification 558
card.— 559
(3) 560
(b)1. Notwithstanding ss. 322.14, 322.141, and 322.142, 561
and any other law prescribing the design for, or info rmation 562
required to be displayed on, a driver license, a digital proof 563
of driver license may comprise a limited profile that includes 564
only information necessary to conduct a specific transaction on 565
the electronic credentialing system. 566
2. Notwithstanding ss. 322.051 and 322.141, and any other 567
law prescribing the design for, or information required to be 568
displayed on, an identification card, a digital proof of 569
identification card may comprise a limited profile that includes 570
only information necessary to con duct a specific transaction on 571
the electronic credentialing system. 572
Reviser's note.—Amended to confirm an editorial insertion to 573
improve sentence structure. 574
Section 23. Paragraph (f) of subsection (2) of section 575
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322.18, Florida Statutes, is amended to read: 576
322.18 Original applications, licenses, and renewals; 577
expiration of licenses; delinquent licenses. — 578
(2) Each applicant who is entitled to the issuance of a 579
driver license, as provided in this section, shall be issued a 580
driver license, as follows: 581
(f) Notwithstanding any other provision of this chapter, 582
an applicant applying for an original issuance of a commercial 583
driver license as defined in s. 322.01(7) shall be issued a 584
driver license that expires at midnight 8 years after the 585
licensee's last birthday prior to issuance of the license . 586
Reviser's note.—Amended to improve clarity. 587
Section 24. Subsection (15) of section 337.11, Florida 588
Statutes, is amended to read: 589
337.11 Contracting authority of department; bids; 590
emergency repairs, suppleme ntal agreements, and change orders; 591
combined design and construction contracts; progress payments; 592
records; requirements of vehicle registration. — 593
(15) When the department determines that it is in the best 594
interest of the public, the department may enter into a contract 595
with an electric utility as defined in s. 366.02(4) s. 366.02(2) 596
for the construction or maintenance of lighting on poles owned 597
by the electric utility and located within a road right -of-way 598
without competitive bidding. In any contract ent ered into 599
without competition, the individuals taking part in the 600
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evaluation or award process shall attest in writing that they 601
are independent of, and have no conflict of interest in, the 602
entities evaluated and selected. 603
Reviser's note.—Amended to conform to the reordering of 604
definitions in s. 366.02 by this act. 605
Section 25. Paragraph (a) of subsection (1) of section 606
337.401, Florida Statutes, is amended to read: 607
337.401 Use of right -of-way for utilities subject to 608
regulation; permit; fees. — 609
(1)(a) The department and local governmental entities, 610
referred to in this section and in ss. 337.402, 337.403, and 611
337.404 as the "authority," that have jurisdiction and control 612
of public roads or publicly owned rail corridors are authorized 613
to prescribe and enforce reasonable rules or regulations with 614
reference to the placing and maintaining across, on, or within 615
the right-of-way limits of any road or publicly owned rail 616
corridors under their respective jurisdictions any electric 617
transmission, voice, telegraph, data, or other communications 618
services lines or wireless facilities; pole lines; poles; 619
railways; ditches; sewers; water, heat, or gas mains; pipelines; 620
fences; gasoline tanks and pumps; or other structures referred 621
to in this section and in ss. 337.402, 337.403, and 337.404 as 622
the "utility." The department may enter into a permit -delegation 623
agreement with a governmental entity if issuance of a permit is 624
based on requirements that the department finds will ensure the 625
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safety and integrity of facilities of t he Department of 626
Transportation; however, the permit -delegation agreement does 627
not apply to facilities of electric utilities as defined in s. 628
366.02(4) s. 366.02(2). 629
Reviser's note.—Amended to conform to the reordering of 630
definitions in s. 366.02 by this a ct. 631
Section 26. Subsection (3) of section 350.0605, Florida 632
Statutes, is amended to read: 633
350.0605 Former commissioners and employees; 634
representation of clients before commission. — 635
(3) For a period of 2 years following termination of 636
service on the commission, a former member may not accept 637
employment by or compensation from a business entity which, 638
directly or indirectly, owns or controls a public utility 639
regulated by the commission, from a public utility regulated by 640
the commission, from a busines s entity which, directly or 641
indirectly, is an affiliate or subsidiary of a public utility 642
regulated by the commission or is an actual business competitor 643
of a local exchange company or public utility regulated by the 644
commission and is otherwise exempt from regulation by the 645
commission under ss. 364.02(13) and 366.02(8) 366.02(1), or from 646
a business entity or trade association that has been a party to 647
a commission proceeding within the 2 years preceding the 648
member's termination of service on the commission. This 649
subsection applies only to members of the Florida Public Service 650
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Commission who are appointed or reappointed after May 10, 1993. 651
Reviser's note.—Amended to conform to the reordering of 652
definitions in s. 366.02 by this act. 653
Section 27. Section 366. 02, Florida Statutes, is reordered 654
and amended to read: 655
366.02 Definitions. —As used in this chapter: 656
(1)(4) "Attaching entity" means a person that is a local 657
exchange carrier, a public utility, a communications services 658
provider, a broadband service pr ovider, or a cable television 659
operator that owns or controls pole attachments. 660
(2)(3) "Commission" means the Florida Public Service 661
Commission. 662
(3)(5) "Communications services provider" means an entity 663
providing communications services as defined in s. 202.11(1). 664
(4)(2) "Electric utility" means any municipal electric 665
utility, investor-owned electric utility, or rural electric 666
cooperative which owns, maintains, or operates an electric 667
generation, transmission, or distribution system within the 668
state. 669
(5)(6) "Pole" means a pole used for electric distribution 670
service, streetlights, communications services, local exchange 671
services, or cable television s ervices which is owned in whole 672
or in part by a pole owner. The term does not include a pole 673
used solely to support wireless communications service 674
facilities or a pole with no electrical facilities attached. 675
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(6)(7) "Pole attachment" means any attachment by a public 676
utility, local exchange carrier communications services 677
provider, broadband provider, or cable television operator to a 678
pole, duct, conduit, or right -of-way owned or controlled by a 679
pole owner. 680
(7)(8) "Pole owner" means a local exchange carr ier, a 681
public utility, a communications services provider, or a cable 682
television operator that owns a pole. 683
(8)(1) "Public utility" means every person, corporation, 684
partnership, association, or other legal entity and their 685
lessees, trustees, or receiver s supplying electricity or gas 686
(natural, manufactured, or similar gaseous substance) to or for 687
the public within this state; but the term "public utility" does 688
not include either a cooperative now or hereafter organized and 689
existing under the Rural Electri c Cooperative Law of the state; 690
a municipality or any agency thereof; any dependent or 691
independent special natural gas district; any natural gas 692
transmission pipeline company making only sales or 693
transportation delivery of natural gas at wholesale and to 694
direct industrial consumers; any entity selling or arranging for 695
sales of natural gas which neither owns nor operates natural gas 696
transmission or distribution facilities within the state; or a 697
person supplying liquefied petroleum gas, in either liquid or 698
gaseous form, irrespective of the method of distribution or 699
delivery, or owning or operating facilities beyond the outlet of 700
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a meter through which natural gas is supplied for compression 701
and delivery into motor vehicle fuel tanks or other 702
transportation containers, unless such person also supplies 703
electricity or manufactured or natural gas. 704
(9) "Redundant pole" means a pole owned or controlled by a 705
pole owner which is: 706
(a) Near or adjacent to a new pole that is intended to 707
replace the old pole from which some or all of the pole 708
attachments have not been removed and transferred to the new 709
pole; 710
(b) Left standing after the pole owner has relocated its 711
facilities to underground but on which pole attachments of other 712
attaching entities remain; or 713
(c) Left standing after a pole owner's attachments have 714
been removed from that route or location to accommodate a new 715
route or design for the delivery of service. 716
Reviser's note.—Amended to place the definitions of the section 717
in alphabetical order. 718
Section 28. Subsection (1) of section 366.032, Florida 719
Statutes, is amended to read: 720
366.032 Preemption over utility service restrictions. — 721
(1) A municipality, county, special district, or other 722
political subdivision of the state may not enact or enforce a 723
resolution, ordinance, rule, code, or policy or take any action 724
that restricts or prohibits or has the effect of restricting or 725
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prohibiting the types or fuel sources of energy production which 726
may be used, delivered, converted, or supplied by the following 727
entities to serve customers that such entities are authorized to 728
serve: 729
(a) A public utility or an electric utility as defined in 730
this chapter; 731
(b) An entity formed under s. 163.01 that generates, 732
sells, or transmits electrical energy; 733
(c) A natural gas utility as defined in s. 366.04(3)(c); 734
(d) A natural gas transmission company as defined in s. 735
368.103; or 736
(e) A Category I liquefied petroleum gas dealer or 737
Category II liquefied petroleum gas dispenser or Category III 738
liquefied petroleum gas cyli nder exchange operator as defined in 739
s. 527.01. 740
Reviser's note.—Amended to confirm an editorial insertion to 741
improve clarity. 742
Section 29. Paragraph (b) of subsection (9) of section 743
366.04, Florida Statutes, is amended to read: 744
366.04 Jurisdiction of commission.— 745
(9) 746
(b) The commission shall adopt rules to administer and 747
implement this subsection. The rules must be proposed for 748
adoption no later than April 1, 2022, and must address at least 749
the following: 750
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1. Mandatory pole inspections, including r epair or 751
replacement; 752
2. Vegetation management requirements for poles owned by 753
providers of communications services; and 754
3.2. Monetary penalties to be imposed upon any 755
communications services provider that fails to comply with any 756
such rule of the commission. Monetary penalties imposed by the 757
commission must be consistent with s. 366.095. 758
Reviser's note.—Amended to confirm edit orial changes to move a 759
portion of subparagraph 1. to a new subparagraph 2. and 760
redesignate present subparagraph 2. as subparagraph 3., 761
since the material appears to be a list, and to provide 762
clarity. 763
Section 30. Paragraph (a) of subsection (2) of sect ion 764
366.96, Florida Statutes, is amended to read: 765
366.96 Storm protection plan cost recovery. — 766
(2) As used in this section, the term: 767
(a) "Public utility" or "utility" has the same meaning as 768
set forth in s. 366.02(8) s. 366.02(1), except that it doe s not 769
include a gas utility. 770
Reviser's note.—Amended to conform to the reordering of 771
definitions in s. 366.02 by this act. 772
Section 31. Paragraph (a) of subsection (4) of section 773
373.016, Florida Statutes, is amended to read: 774
373.016 Declaration of po licy.— 775
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(4)(a) Because water constitutes a public resource 776
benefiting the entire state, it is the policy of the Legislature 777
that the waters in the state be managed on a state and regional 778
basis. Consistent with this directive, the Legislature 779
recognizes the need to allocate water throughout the state so as 780
to meet all reasonable -beneficial uses. However, the Legislature 781
acknowledges that such allocations have in the past adversely 782
affected the water resources of certain areas in this state. To 783
protect such water resources and to meet the current and future 784
needs of those areas with abundant water, the Legislature 785
directs the department and the water management districts to 786
encourage the use of water from sources nearest the area of use 787
or application whenev er practicable. Such sources shall include 788
all naturally occurring water sources and all alternative water 789
sources, including, but not limited to, desalination, 790
conservation, reuse of nonpotable reclaimed water and 791
stormwater, and aquifer storage and recov ery. Reuse of potable 792
reclaimed water and stormwater shall not be subject to the 793
evaluation described in s. 373.223(3)(a) -(g). However, this 794
directive to encourage the use of water, whenever practicable, 795
from sources nearest the area of use or application shall not 796
apply to the transport and direct and indirect use of water 797
within the area encompassed by the Central and Southern Florida 798
Flood Control Project, nor shall it apply anywhere in the state 799
to the transport and use of water supplied exclusively for 800
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bottled water as defined in s. 500.03(1)(d), nor shall it apply 801
to the transport and use of reclaimed water for electrical power 802
production by an electric utility as defined in s. 366.02(4) s. 803
366.02(2). 804
Reviser's note.—Amended to conform to the reorderin g of 805
definitions in s. 366.02 by this act. 806
Section 32. Paragraph (d) of subsection (2) of section 807
373.0465, Florida Statutes, is amended to read: 808
373.0465 Central Florida Water Initiative. — 809
(2) 810
(d) The department, in consultation with the St. John s 811
River Water Management District, the South Florida Water 812
Management District, the Southwest Florida Water Management 813
District, and the Department of Agriculture and Consumer 814
Services, shall adopt uniform rules for application within the 815
Central Florida Water Initiative Area that include: 816
1. A single, uniform definition of the term "harmful to 817
the water resources" consistent with the term's usage in s. 818
373.219; 819
2. A single method for calculating residential per capita 820
water use; 821
3. A single process f or permit reviews; 822
4. A single, consistent process, as appropriate, to set 823
minimum flows and minimum water levels and water reservations; 824
5. A goal for residential per capita water use for each 825
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consumptive use permit; 826
6. An annual conservation goal f or each consumptive use 827
permit consistent with the regional water supply plan; 828
7. A drought allocation for supplemental irrigation for 829
agricultural uses which is based on a 2 -in-10-year rainfall 830
condition or, if the applicant so requests, is based on a 5 -in-831
10-year rainfall condition alone or combined with the 2 -in-10-832
year rainfall condition. The applicable water management 833
district may also condition, for information only purposes, 834
consumptive use permits to advise permittees that their annual 835
use of water should be less than the drought allocation in all 836
years except for the drought condition that is the basis for the 837
allocation or a more severe drought; and 838
8. A process for the applicable water management district 839
to annually examine an agricultural u ser's 5-year moving average 840
supplemental irrigation water use against the annual 841
supplemental irrigation needs in the 5 -in-10-year rainfall 842
condition beginning no earlier than 5 years following the 843
effective date of the rules adopted under this section. If this 844
annual examination indicates that the agricultural user's 5 -year 845
moving average use exceeds that needed in such rainfall 846
condition for reasons other than prolonged periods of below 847
average rainfall, the water management district may modify the 848
agricultural user's permit to include an annual supplemental 849
irrigation allocation based on both the amount of supplemental 850
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irrigation required during a 2 -in-10-year rainfall condition and 851
the amount of supplemental irrigation required during a 5 -in-10-852
year rainfall condition as provided in rules adopted pursuant to 853
this section. In such case, the supplemental irrigation 854
allocation based on the 5 -in-10-year rainfall condition shall be 855
valid for only 5 years unless the agricultural user's 5 -year 856
moving average use continues to exceed the amount of 857
supplemental irrigation needed during a 5 -in-10-year rainfall 858
condition for reasons other than prolonged periods of drought. 859
860
Subparagraphs 7. and 8. may not be construed to limit the 861
ability of the department or a water management district to 862
establish different supplemental irrigation requirements as part 863
of an existing or future recovery or prevention strategy adopted 864
pursuant to s. 373.0363, s. 373.042, or s. 373.0421. The uniform 865
rules must include existing recovery s trategies within the 866
Central Florida Water Initiative Area adopted before July 1, 867
2016. The department may grant variances to the uniform rules if 868
there are unique circumstances or hydrogeological factors that 869
make application of the uniform rules unrealis tic or 870
impractical. 871
Reviser's note.—Amended to confirm an editorial insertion to 872
improve clarity. 873
Section 33. Paragraph (a) of subsection (2) of section 874
373.701, Florida Statutes, is amended to read: 875
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373.701 Declaration of policy. —It is declared to be the 876
policy of the Legislature: 877
(2)(a) Because water constitutes a public resource 878
benefiting the entire state, it is the policy of the Legislature 879
that the waters in the state be managed on a state and regional 880
basis. Consistent with this directive, t he Legislature 881
recognizes the need to allocate water throughout the state so as 882
to meet all reasonable -beneficial uses. However, the Legislature 883
acknowledges that such allocations have in the past adversely 884
affected the water resources of certain areas in this state. To 885
protect such water resources and to meet the current and future 886
needs of those areas with abundant water, the Legislature 887
directs the department and the water management districts to 888
encourage the use of water from sources nearest the area o f use 889
or application whenever practicable. Such sources shall include 890
all naturally occurring water sources and all alternative water 891
sources, including, but not limited to, desalination, 892
conservation, reuse of nonpotable reclaimed water and 893
stormwater, and aquifer storage and recovery. Reuse of potable 894
reclaimed water and stormwater shall not be subject to the 895
evaluation described in s. 373.223(3)(a) -(g). However, this 896
directive to encourage the use of water, whenever practicable, 897
from sources nearest the area of use or application shall not 898
apply to the transport and direct and indirect use of water 899
within the area encompassed by the Central and Southern Florida 900
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Flood Control Project, nor shall it apply anywhere in the state 901
to the transport and use of wat er supplied exclusively for 902
bottled water as defined in s. 500.03(1)(d), nor shall it apply 903
to the transport and use of reclaimed water for electrical power 904
production by an electric utility as defined in s. 366.02(4) s. 905
366.02(2). 906
Reviser's note.—Amended to conform to the reordering of 907
definitions in s. 366.02 by this act. 908
Section 34. Paragraph (a) of subsection (9) of section 909
373.707, Florida Statutes, is amended to read: 910
373.707 Alternative water supply development. — 911
(9) Funding assistance provid ed by the water management 912
districts for a water reuse system may include the following 913
conditions for that project if a water management district 914
determines that such conditions will encourage water use 915
efficiency: 916
(a) Metering of reclaimed water use fo r residential 917
irrigation, agricultural irrigation, industrial uses, except for 918
electric utilities as defined in s. 366.02(4) s. 366.02(2), 919
landscape irrigation, golf course irrigation, irrigation of 920
other public access areas, commercial and institutional u ses 921
such as toilet flushing, and transfers to other reclaimed water 922
utilities; 923
Reviser's note.—Amended to conform to the reordering of 924
definitions in s. 366.02 by this act. 925
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Section 35. Paragraph (d) of subsection (2) of section 926
379.2311, Florida Statut es, is amended to read: 927
379.2311 Nonnative animal management. — 928
(2) The Legislature finds that priority invasive species 929
continue to expand their range and to decimate the fauna and 930
flora of the Everglades and other natural areas and ecosystems 931
in the southern and central parts of the state at an 932
accelerating rate. Therefore, the commission shall establish a 933
pilot program to mitigate the impact of priority invasive 934
species on the public lands or waters of this state. 935
(d) The commission shall submit a r eport of findings and 936
recommendations regarding its implementation of the pilot 937
program to the Governor, the President of the Senate, and the 938
Speaker of the House of Representatives by January 1, 2021. 939
Reviser's note.—Amended to delete an obsolete provisio n. 940
Section 36. Paragraph (g) of subsection (2) of section 941
380.0933, Florida Statutes, is amended to read: 942
380.0933 Florida Flood Hub for Applied Research and 943
Innovation.— 944
(2) The hub shall, at a minimum: 945
(g) Assist in the development of training and in the 946
development of a workforce in the state that is knowledgeable 947
about flood and sea level rise research, prediction, and 948
adaptation and mitigation strategies. 949
Reviser's note.—Amended to confirm an editorial insertion to 950
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improve clarity. 951
Section 37. Subsection (7) of section 390.011, Florida 952
Statutes, is amended to read: 953
390.011 Definitions. —As used in this chapter, the term: 954
(7) "Hospital" means a facility as defined in s. 955
395.002(12) s. 395.002(13) and licensed under chapter 395 and 956
part II of chapter 408. 957
Reviser's note.—Amended to conform to the reordering of 958
definitions in s. 395.002 by this act. 959
Section 38. Subsections (10) through (13) of section 960
395.002, Florida Statutes, are reordered and amended, and 961
subsection (28) of that sect ion is amended, to read: 962
395.002 Definitions. —As used in this chapter: 963
(10)(11) "General hospital" means any facility which meets 964
the provisions of subsection (12) subsection (13) and which 965
regularly makes its facilities and services available to the 966
general population. 967
(11)(12) "Governmental unit" means the state or any 968
county, municipality, or other political subdivision, or any 969
department, division, board, or other agency of any of the 970
foregoing. 971
(12)(13) "Hospital" means any establishment that: 972
(a) Offers services more intensive than those required for 973
room, board, personal services, and general nursing care, and 974
offers facilities and beds for use beyond 24 hours by 975
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individuals requiring diagnosis, treatment, or care for illness, 976
injury, deformity, infirmity, abnormality, disease, or 977
pregnancy; and 978
(b) Regularly makes available at least clinical laboratory 979
services, diagnostic X -ray services, and treatment facilities 980
for surgery or obstetrical care, or other definitive medical 981
treatment of similar extent, except that a critical access 982
hospital, as defined in s. 408.07, shall not be required to make 983
available treatment facilities for surgery, obstetrical care, or 984
similar services as long as it maintains its critical access 985
hospital designation a nd shall be required to make such 986
facilities available only if it ceases to be designated as a 987
critical access hospital. 988
989
However, the provisions of this chapter do not apply to any 990
institution conducted by or for the adherents of any well -991
recognized church or religious denomination that depends 992
exclusively upon prayer or spiritual means to heal, care for, or 993
treat any person. For purposes of local zoning matters, the term 994
"hospital" includes a medical office building located on the 995
same premises as a hospi tal facility, provided the land on which 996
the medical office building is constructed is zoned for use as a 997
hospital; provided the premises were zoned for hospital purposes 998
on January 1, 1992. 999
(13)(10) "Hospital-based off-campus emergency department" 1000
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means a facility that: 1001
(a) Provides emergency services and care; 1002
(b) Is owned and operated by a licensed hospital and 1003
operates under the license of the hospital; and 1004
(c) Is located on separate premises from the hospital. 1005
(28) "Specialty hospital" means any facility which meets 1006
the provisions of subsection (12) subsection (13), and which 1007
regularly makes available either: 1008
(a) The range of medical services offered by general 1009
hospitals but restricted to a defined age or gender group of the 1010
population; 1011
(b) A restricted range of services appropriate to the 1012
diagnosis, care, and treatment of patients with specific 1013
categories of medical or psychiatric illnesses or disorders; or 1014
(c) Intensive residential treatment programs for children 1015
and adolescents as defi ned in subsection (16). 1016
Reviser's note.—Amended to place the definitions in subsections 1017
(10) through (13) in alphabetical order and to conform 1018
cross-references. 1019
Section 39. Paragraph (c) of subsection (1) of section 1020
395.701, Florida Statutes, is amende d to read: 1021
395.701 Annual assessments on net operating revenues for 1022
inpatient and outpatient services to fund public medical 1023
assistance; administrative fines for failure to pay assessments 1024
when due; exemption. — 1025
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(1) For the purposes of this section, the term: 1026
(c) "Hospital" means a health care institution as defined 1027
in s. 395.002(12) s. 395.002(13), but does not include any 1028
hospital operated by a state agency. 1029
Reviser's note.—Amended to conform to the reordering of 1030
definitions in s. 395.002 by this act . 1031
Section 40. Subsections (3) and (4) of section 397.410, 1032
Florida Statutes, are amended to read: 1033
397.410 Licensure requirements; minimum standards; rules. — 1034
(3) By October 1, 2017, the department shall publish a 1035
notice of development of rulemaking, and by January 1, 2018, the 1036
department shall publish a notice of proposed rule pursuant to 1037
s. 120.54(3)(a) to implement the provisions of this section. 1038
(4) The department shall provide a report to the Governor, 1039
the President of the Senate, and the Speake r of the House of 1040
Representatives by December 1, 2020, concerning the 1041
appropriateness of service component licensure requirements as 1042
those requirements apply to the qualifications of personnel 1043
providing direct clinical treatment. The report shall include, 1044
but not be limited to, the requirements established in rule, the 1045
number and nature of complaints received regarding personnel 1046
providing direct clinical treatment and about the qualifications 1047
of the individuals subject to the complaints, and the 1048
precipitating cause, number, and types of licensure actions 1049
taken by the department regarding such personnel. 1050
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Reviser's note.—Amended to delete obsolete provisions. 1051
Section 41. Paragraph (d) of subsection (4) of section 1052
402.62, Florida Statutes, is amended to rea d: 1053
402.62 Strong Families Tax Credit. — 1054
(4) RESPONSIBILITIES OF THE DEPARTMENT. —The Department of 1055
Children and Families shall do all of the following: 1056
(d) Compel the return of funds that are provided to an 1057
eligible charitable organization that fails t o comply with the 1058
requirements of this section. Eligible charitable organizations 1059
that are subject to return of funds are ineligible to receive 1060
funding under this section for a period of 10 years after final 1061
agency action to compel the return of funding. 1062
Reviser's note.—Amended to confirm an editorial insertion to 1063
improve clarity. 1064
Section 42. Subsection (16) of section 403.064, Florida 1065
Statutes, is amended to read: 1066
403.064 Reuse of reclaimed water. — 1067
(16) Utilities implementing reuse projects are en couraged, 1068
except in the case of use by electric utilities as defined in s. 1069
366.02(4) s. 366.02(2), to meter use of reclaimed water by all 1070
end users and to charge for the use of reclaimed water based on 1071
the actual volume used when such metering and charges can be 1072
shown to encourage water conservation. Metering and the use of 1073
volume-based rates are effe ctive water management tools for the 1074
following reuse activities: residential irrigation, agricultural 1075
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irrigation, industrial uses, landscape irrigation, irrigation of 1076
other public access areas, commercial and institutional uses 1077
such as toilet flushing, and transfers to other reclaimed water 1078
utilities. Each domestic wastewater utility that provides 1079
reclaimed water for the reuse activities listed in this section 1080
shall include a summary of its metering and rate structure as 1081
part of its annual reuse report to t he department. 1082
Reviser's note.—Amended to conform to the reordering of 1083
definitions in s. 366.02 by this act. 1084
Section 43. Paragraph (d) of subsection (1) and subsection 1085
(10) of section 403.086, Florida Statutes, are amended to read: 1086
403.086 Sewage disposal facilities; advanced and secondary 1087
waste treatment.— 1088
(1) 1089
(d) By December 31, 2020, the department, in consultation 1090
with the water management districts and sewage disposal 1091
facilities, shall submit to the Governor, the President of the 1092
Senate, and the Speaker of the House of Representatives a 1093
progress report on the status of upgrades made by each facility 1094
to meet the advanced waste treatment requirements under 1095
paragraph (c). The report must include a list of sewage disposal 1096
facilities required to upg rade to advanced waste treatment, the 1097
preliminary cost estimates for the upgrades, and a projected 1098
timeline of the dates by which the upgrades will begin and be 1099
completed and the date by which operations of the upgraded 1100
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facility will begin. 1101
(10) The Legislature finds that the discharge of domestic 1102
wastewater through ocean outfalls wastes valuable water supplies 1103
that should be reclaimed for beneficial purposes to meet public 1104
and natural systems demands. The Legislature also finds that 1105
discharge of domestic wastewater through ocean outfalls 1106
compromises the coastal environment, quality of life, and local 1107
economies that depend on those resources. The Legislature 1108
declares that more stringent treatment and management 1109
requirements for such domestic wastewater and the subsequent, 1110
timely elimination of ocean outfalls as a primary means of 1111
domestic wastewater discharge are in the public interest. 1112
(a) The construction of new ocean outfalls for domestic 1113
wastewater discharge and the expansion of existing ocean 1114
outfalls for this purpose, along with associated pumping and 1115
piping systems, are prohibited. Each domestic wastewater ocean 1116
outfall shall be limited to the discharge capacity specified in 1117
the department permit authorizing the outfall in effect on July 1118
1, 2008, which discharge capacity shall not be increased. 1119
Maintenance of existing, department -authorized domestic 1120
wastewater ocean outfalls and associated pumping and piping 1121
systems is allowed, subject to the requirements of this section. 1122
The department is directed t o work with the United States 1123
Environmental Protection Agency to ensure that the requirements 1124
of this subsection are implemented consistently for all domestic 1125
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wastewater facilities in the state which discharge through ocean 1126
outfalls. 1127
(b) The discharge of domestic wastewater through ocean 1128
outfalls must meet advanced wastewater treatment and management 1129
requirements by December 31, 2018. For purposes of this 1130
subsection, the term "advanced wastewater treatment and 1131
management requirements" means the advanced w aste treatment 1132
requirements set forth in subsection (4), a reduction in outfall 1133
baseline loadings of total nitrogen and total phosphorus which 1134
is equivalent to that which would be achieved by the advanced 1135
waste treatment requirements in subsection (4), or a reduction 1136
in cumulative outfall loadings of total nitrogen and total 1137
phosphorus occurring between December 31, 2008, and December 31, 1138
2025, which is equivalent to that which would be achieved if the 1139
advanced waste treatment requirements in subsection (4) were 1140
fully implemented beginning December 31, 2018, and continued 1141
through December 31, 2025. The department shall establish the 1142
average baseline loadings of total nitrogen and total phosphorus 1143
for each outfall using monitoring data available for calendar 1144
years 2003 through 2007 and establish required loading 1145
reductions based on this baseline. The baseline loadings and 1146
required loading reductions of total nitrogen and total 1147
phosphorus shall be expressed as an average annual daily loading 1148
value. The advanced wastewater treatment and management 1149
requirements of this paragraph are deemed met for any domestic 1150
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wastewater facility discharging through an ocean outfall on July 1151
1, 2008, which has installed by December 31, 2018, a fully 1152
operational reuse system compris ing 100 percent of the 1153
facility's baseline flow on an annual basis for reuse activities 1154
authorized by the department. 1155
(c)1. Each utility that had a permit for a domestic 1156
wastewater facility that discharged through an ocean outfall on 1157
July 1, 2008, must i nstall, or cause to be installed, a 1158
functioning reuse system within the utility's service area or, 1159
by contract with another utility, within Miami -Dade County, 1160
Broward County, or Palm Beach County by December 31, 2025. For 1161
purposes of this subsection, a "fu nctioning reuse system" means 1162
an environmentally, economically, and technically feasible 1163
system that provides a minimum of 60 percent of a facility's 1164
baseline flow on an annual basis for irrigation of public access 1165
areas, residential properties, or agricul tural crops; aquifer 1166
recharge; groundwater recharge; industrial cooling; or other 1167
acceptable reuse purposes authorized by the department. For 1168
purposes of this subsection, the term "baseline flow" means the 1169
annual average flow of domestic wastewater dischar ging through 1170
the facility's ocean outfall, as determined by the department, 1171
using monitoring data available for calendar years 2003 through 1172
2007. 1173
2. Flows diverted from facilities to other facilities that 1174
provide 100-percent reuse of the diverted flows b efore December 1175
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31, 2025, are considered to contribute to meeting the reuse 1176
requirement. For utilities operating more than one outfall, the 1177
reuse requirement may be apportioned between the facilities 1178
served by the outfalls, including flows diverted to other 1179
facilities for 100-percent reuse before December 31, 2025. 1180
Utilities that shared a common ocean outfall for the discharge 1181
of domestic wastewater on July 1, 2008, regardless of which 1182
utility operates the ocean outfall, are individually responsible 1183
for meeting the reuse requirement and may enter into binding 1184
agreements to share or transfer such responsibility among the 1185
utilities. If treatment in addition to the advanced wastewater 1186
treatment and management requirements described in paragraph (b) 1187
is needed to support a functioning reuse system, the treatment 1188
must be fully operational by December 31, 2025. 1189
3. If a facility that discharges through an ocean outfall 1190
contracts with another utility to install a functioning reuse 1191
system, the department must approve any apportionment of the 1192
reuse generated from the new or expanded reuse system that is 1193
intended to satisfy all or a portion of the reuse requirements 1194
pursuant to subparagraph 1. If a contract is between two 1195
utilities that have reuse requirements pursuant t o subparagraph 1196
1., the reuse apportioned to each utility's requirement may not 1197
exceed the total reuse generated by the new or expanded reuse 1198
system. A utility shall provide the department a copy of any 1199
contract with another utility that reflects an agreeme nt between 1200
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the utilities which is subject to the requirements of this 1201
subparagraph. 1202
(d) The discharge of domestic wastewater through ocean 1203
outfalls is prohibited after December 31, 2025, except as a 1204
backup discharge that is part of a functioning reuse sy stem or 1205
other wastewater management system authorized by the department. 1206
Except as otherwise provided in this subsection, a backup 1207
discharge may occur only during periods of reduced demand for 1208
reclaimed water in the reuse system, such as periods of wet 1209
weather, or as the result of peak flows from other wastewater 1210
management systems, and must comply with the advanced wastewater 1211
treatment and management requirements of paragraph (b). Peak 1212
flow backup discharges from other wastewater management systems 1213
may not cumulatively exceed 5 percent of a facility's baseline 1214
flow, measured as a 5 -year rolling average, and are subject to 1215
applicable secondary waste treatment and water -quality-based 1216
effluent limitations specified in department rules. If peak flow 1217
backup discharges are in compliance with the effluent 1218
limitations, the discharges are deemed to meet the advanced 1219
wastewater treatment and management requirements of this 1220
subsection. 1221
(e) The holder of a department permit authorizing the 1222
discharge of domestic wastew ater through an ocean outfall as of 1223
July 1, 2008, shall submit the following to the secretary of the 1224
department: 1225
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1. A detailed plan to meet the requirements of this 1226
subsection, including the identification of the technical, 1227
environmental, and economic fe asibility of various reuse 1228
options; the identification of each land acquisition and 1229
facility necessary to provide for reuse of the domestic 1230
wastewater; an analysis of the costs to meet the requirements, 1231
including the level of treatment necessary to satisfy state 1232
water quality requirements and local water quality 1233
considerations and a cost comparison of reuse using flows from 1234
ocean outfalls and flows from other domestic wastewater sources; 1235
and a financing plan for meeting the requirements, including 1236
identifying any actions necessary to implement the financing 1237
plan, such as bond issuance or other borrowing, assessments, 1238
rate increases, fees, other charges, or other financing 1239
mechanisms. The plan must evaluate reuse demand in the context 1240
of future regional water supply demands, the availability of 1241
traditional water supplies, the need for development of 1242
alternative water supplies, the degree to which various reuse 1243
options offset potable water supplies, and other factors 1244
considered in the Lower East Coast Regional Water Supply Plan of 1245
the South Florida Water Management District. The plan must 1246
include a detailed schedule for the completion of all necessary 1247
actions and be accompanied by supporting data and other 1248
documentation. The plan must be submitted by July 1, 201 3. 1249
2. By July 1, 2016, an update of the plan required in 1250
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subparagraph 1. documenting any refinements or changes in the 1251
costs, actions, or financing necessary to eliminate the ocean 1252
outfall discharge in accordance with this subsection or a 1253
written statement that the plan is current and accurate. 1254
(e)(f) By December 31, 2009, and by December 31 every 5 1255
years thereafter, the holder of a department permit authorizing 1256
the discharge of domestic wastewater through an ocean outfall 1257
shall submit to the secretary of the department a report 1258
summarizing the actions accomplished to date and the actions 1259
remaining and proposed to meet the requirements of this 1260
subsection, including progress toward meeting the specific 1261
deadlines set forth in paragraphs (b) through (d) paragraphs (b) 1262
through (e). The report shall include the detailed schedule for 1263
and status of the evaluation of reuse and disposal options, 1264
preparation of preliminary design reports, preparation and 1265
submittal of permit applications, construction initiation, 1266
construction progress milestones, construction completion, 1267
initiation of operation, and continuing operation and 1268
maintenance. 1269
(f)(g) By July 1, 2010, and by July 1 every 5 years 1270
thereafter, the department shall submit a report to the 1271
Governor, the Presiden t of the Senate, and the Speaker of the 1272
House of Representatives on the implementation of this 1273
subsection. In the report, the department shall summarize 1274
progress to date, including the increased amount of reclaimed 1275
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water provided and potable water offsets achieved, and identify 1276
any obstacles to continued progress, including all instances of 1277
substantial noncompliance. 1278
(g)(h) The renewal of each permit that authorizes the 1279
discharge of domestic wastewater through an ocean outfall as of 1280
July 1, 2008, must be accompanied by an order in accordance with 1281
s. 403.088(2)(e) and (f) which establishes an enforceable 1282
compliance schedule consistent with the requirements of this 1283
subsection. 1284
(h)(i) An entity that diverts wastewater flow from a 1285
receiving facility that dis charges domestic wastewater through 1286
an ocean outfall must meet the reuse requirement of paragraph 1287
(c). Reuse by the diverting entity of the diverted flows shall 1288
be credited to the diverting entity. The diverted flow shall 1289
also be correspondingly deducted f rom the receiving facility's 1290
baseline flow from which the required reuse is calculated 1291
pursuant to paragraph (c), and the receiving facility's reuse 1292
requirement shall be recalculated accordingly. 1293
1294
The department, the South Florida Water Management District , and 1295
the affected utilities must consider the information in the 1296
detailed plan in paragraph (e) for the purpose of adjusting, as 1297
necessary, the reuse requirements of this subsection. The 1298
department shall submit a report to the Legislature by February 1299
15, 2015, containing recommendations for any changes necessary 1300
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to the requirements of this subsection. 1301
Reviser's note.—Amended to delete obsolete provisions and to 1302
correct a cross-reference to conform. 1303
Section 44. Subsection (8) of section 409.905, Florida 1304
Statutes, is amended to read: 1305
409.905 Mandatory Medicaid services. —The agency may make 1306
payments for the following services, which are required of the 1307
state by Title XIX of the Social Security Act, furnished by 1308
Medicaid providers to recipients who are determined to be 1309
eligible on the dates on which the services were provided. Any 1310
service under this section shall be provided only when medically 1311
necessary and in accordance with state and federal law. 1312
Mandatory services rendered by providers in mobile unit s to 1313
Medicaid recipients may be restricted by the agency. Nothing in 1314
this section shall be construed to prevent or limit the agency 1315
from adjusting fees, reimbursement rates, lengths of stay, 1316
number of visits, number of services, or any other adjustments 1317
necessary to comply with the availability of moneys and any 1318
limitations or directions provided for in the General 1319
Appropriations Act or chapter 216. 1320
(8) NURSING FACILITY SERVICES. —The agency shall pay for 1321
24-hour-a-day nursing and rehabilitative services f or a 1322
recipient in a nursing facility licensed under part II of 1323
chapter 400 or in a rural hospital, as defined in s. 395.602, or 1324
in a Medicare certified skilled nursing facility operated by a 1325
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hospital, as defined by s. 395.002(10) s. 395.002(11), that is 1326
licensed under part I of chapter 395, and in accordance with 1327
provisions set forth in s. 409.908(2)(a), which services are 1328
ordered by and provided under the direction of a licensed 1329
physician. However, if a nursing facility has been destroyed or 1330
otherwise made uninhabitable by natural disaster or other 1331
emergency and another nursing facility is not available, the 1332
agency must pay for similar services temporarily in a hospital 1333
licensed under part I of chapter 395 provided federal funding is 1334
approved and available. The agency shall pay only for bed -hold 1335
days if the facility has an occupancy rate of 95 percent or 1336
greater. The agency is authorized to seek any federal waivers to 1337
implement this policy. 1338
Reviser's note.—Amended to conform to the reordering of 1339
definitions in s. 395.002 by this act. 1340
Section 45. Paragraph (a) of subsection (1) and paragraph 1341
(b) of subsection (2) of section 413.271, Florida Statutes, are 1342
amended to read: 1343
413.271 Florida Coordinating Council for the Deaf and Hard 1344
of Hearing.— 1345
(1) For purposes of this section, the term: 1346
(a) "Communication access real-time realtime translation" 1347
means the instant translation of the spoken word into English 1348
text using information technology in which the text appears on a 1349
computer monitor or other display. 1350
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1351
For purposes of this section, individuals with any level of loss 1352
of hearing provided in the definitions in this subsection are 1353
included in references to deaf or hard of hearing individuals. 1354
(2) 1355
(b) The coordinating council shall be composed of 17 1356
members. The appointment of members not representing agencies 1357
shall be made by the Governor. The appointment of members 1358
representing organizations shall be made by the Governor in 1359
consultation with those organizations. The membership shall be 1360
as follows: 1361
1. Two members representing the Florida Association of the 1362
Deaf. 1363
2. Two members representing the Florida Association of 1364
Self Help for Hard of Hearing People. 1365
3. A member representing the Association of Late -Deafened 1366
Adults. 1367
4. An individual who is deaf a nd blind. 1368
5. A parent of an individual who is deaf. 1369
6. A member representing the Deaf Service Center 1370
Association. 1371
7. A member representing the Florida Registry of 1372
Interpreters for the Deaf. 1373
8. A member representing the Florida Alexander Graham Bell 1374
Association for the Deaf and Hard of Hearing. 1375
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9. A communication access real-time realtime translator. 1376
10. An audiologist licensed under part I of chapter 468. 1377
11. A hearing aid specialist licensed under part II of 1378
chapter 484. 1379
12. The Secretary o f Children and Families or his or her 1380
designee. 1381
13. The State Surgeon General or his or her designee. 1382
14. The Commissioner of Education or his or her designee. 1383
15. The Secretary of Elderly Affairs or his or her 1384
designee. 1385
1386
If any organization from which a representative is to be drawn 1387
ceases to exist, a representative of a similar organization 1388
shall be named to the coordinating council. The Governor shall 1389
make appointments to the coordinating council and may remove any 1390
member for cause. Each member shall be appointed to a term of 4 1391
years. Any vacancy on the coordinating council shall be filled 1392
in the same manner as the original appointment, and any member 1393
appointed to fill a vacancy occurring because of death, 1394
resignation, or ineligibility for membership shall serve only 1395
for the unexpired term of the member's predecessor. Prior to 1396
serving on the coordinating council, all appointees must attend 1397
orientation training that shall address, at a minimum, the 1398
provisions of this sectio n; the programs operated by the 1399
coordinating council; the role and functions of the coordinating 1400
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council; the current budget for the coordinating council; the 1401
results of the most recent formal audit of the coordinating 1402
council; and the requirements of the state's public records law, 1403
the code of ethics, the Administrative Procedure Act, and other 1404
laws relating to public officials, including conflict -of-1405
interest laws. 1406
Reviser's note.—Amended to conform to usage in the Florida 1407
Statutes. 1408
Section 46. Subsect ion (1) of section 420.602, Florida 1409
Statutes, is amended to read: 1410
420.602 Definitions. —As used in this part, the following 1411
terms shall have the following meanings, unless the context 1412
otherwise requires: 1413
(1) "Adjusted for family size" means adjusted in a manner 1414
which results in an income eligibility level which is lower for 1415
households with fewer than four people, or higher for households 1416
with more than four people, than the base income eligibility 1417
level determined as provided in subsection (8) subsection (9), 1418
subsection (9) subsection (10), or subsection (11) subsection 1419
(12), based upon a formula as established by rule of the 1420
corporation. 1421
Reviser's note.—Amended to confirm the editorial substitution of 1422
cross-references to conform to the repeal of former 1423
subsection (7) by s. 46, ch. 2021 -25, Laws of Florida. 1424
Section 47. Paragraph (a) of subsection (2) and paragraphs 1425
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(a) and (b) of subsection (11) of section 445.007, Florida 1426
Statutes, are amended to read: 1427
445.007 Local workforce development boards. — 1428
(2)(a) The local workforce development board shall elect a 1429
chair from among the representatives described in Pub. L. No. 1430
113-128, Title I, s. 107(b)(2)(A) to serve for a term of no more 1431
than 2 years who and may not serve more than two terms as chair. 1432
Members of a local workforce development board shall serve 1433
staggered terms and may not serve for more than 8 consecutive 1434
years, unless such member is a representative of a governmental 1435
entity. Service in a term of office which commenced before July 1436
1, 2021, does not count toward the 8 -year limitation. 1437
(11)(a) To increase transparency and accountability, a 1438
local workforce development board must comply with the 1439
requirements of this section before contracting with a member of 1440
the local board; a relative, as defin ed in s. 112.3143(1)(c), of 1441
a local board member; an organization or individual represented 1442
on the local board; or of an employee of the local board. Such 1443
contracts may not be executed before or without the prior 1444
approval of the department. Such contracts, as well as 1445
documentation demonstrating adherence to this section as 1446
specified by the department, must be submitted to the department 1447
for review and approval. Such a contract must be approved by a 1448
two-thirds vote of the local board, a quorum having been 1449
established; all conflicts of interest must be disclosed before 1450
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the vote in a manner that is consistent with the procedures 1451
outlined in s. 112.3143(4); and any member who may benefit from 1452
the contract, or whose organization or relative may benefit from 1453
the contract, must abstain from the vote. A contract subject to 1454
the requirements of this subsection may not be included on a 1455
consent agenda. 1456
(b) A contract under $10,000 between a local board; a 1457
relative, as defined in s. 112.3143(1)(c), of a local board 1458
member; or of an employee of the local board is not required to 1459
have the prior approval of the department, but must be approved 1460
by a two-thirds vote of the local board, a quorum having been 1461
established, and must be reported to the department and the 1462
state board within 30 days after approval. 1463
Reviser's note.—Paragraph (2)(a) is amended to confirm an 1464
editorial substitution to improve clarity. Paragraphs 1465
(11)(a) and (b) are amended to confirm editorial deletions 1466
to improve clarity. 1467
Section 48. Paragraph (l) of subsection (1) of section 1468
468.505, Florida Statutes, is amended to read: 1469
468.505 Exemptions; exceptions. — 1470
(1) Nothing in this part may be construed as prohibiting 1471
or restricting the practice, services, or activities of: 1472
(l) A person employed by a nu rsing facility exempt from 1473
licensing under s. 395.002(12) s. 395.002(13), or a person 1474
exempt from licensing under s. 464.022. 1475
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Reviser's note.—Amended to conform to the reordering of 1476
definitions in s. 395.002 by this act. 1477
Section 49. Subsection (9) of s ection 480.033, Florida 1478
Statutes, is amended to read: 1479
480.033 Definitions. —As used in this act: 1480
(9) "Licensure" means the procedure by which a person, 1481
hereinafter referred to as a "practitioner," applies to the 1482
board for approval to practice massage therapy or to operate an 1483
establishment. 1484
Reviser's note.—Amended to conform to ch. 2021 -143, Laws of 1485
Florida, which substituted references to massage therapy 1486
practice for references to massage practice. 1487
Section 50. Paragraphs (g), (h), and (i) of subsecti on (1) 1488
of section 553.791, Florida Statutes, are reordered and amended 1489
to read: 1490
553.791 Alternative plans review and inspection. — 1491
(1) As used in this section, the term: 1492
(g)(h) "Electronic signature" means any letters, 1493
characters, or symbols manifeste d by electronic or similar means 1494
which are executed or adopted by a party with an intent to 1495
authenticate a writing or record. 1496
(h)(i) "Electronic transmission" or "submitted 1497
electronically" means any form or process of communication not 1498
directly involving the physical transfer of paper or another 1499
tangible medium which is suitable for the retention, retrieval, 1500
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and reproduction of inform ation by the recipient and is 1501
retrievable in paper form by the receipt through an automated 1502
process. All notices provided for in this section may be 1503
transmitted electronically and shall have the same legal effect 1504
as if physically posted or mailed. 1505
(i)(g) "Electronically posted" means providing notices of 1506
decisions, results, or records, including inspection records, 1507
through the use of a website or other form of electronic 1508
communication used to transmit or display information. 1509
Reviser's note.—Amended to place the definitions in paragraphs 1510
(g) though (i) in alphabetical order. 1511
Section 51. Paragraph (c) of subsection (5) of section 1512
604.73, Florida Statutes, is amended to read: 1513
604.73 Urban agriculture pilot projects; local regulation 1514
of urban agriculture.— 1515
(5) LOCAL REGULATION. —Notwithstanding s. 604.50, s. 1516
823.14, or any other law to the contrary, urban agriculture is 1517
subject to applicable municipal regulations if: 1518
(c) Before the reenactment of the regulations under 1519
paragraph (b), the municipality designates existing farm 1520
operations, as defined in s. 823.14(3)(d) s. 823.14(3)(b), 1521
within its jurisdiction as legally nonconforming. 1522
Reviser's note.—Amended to conform to the reordering of 1523
definitions in s. 823.14(3) by this act. 1524
Section 52. Section 624.105, Florida Statutes, is amended 1525
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to read: 1526
624.105 Waiver of customer liability. —Any regulated 1527
company as defined in s. 350.111, any electric utility as 1528
defined in s. 366.02(4) s. 366.02(2), any utility as defined in 1529
s. 367.021(12) or s. 367.022(2) a nd (7), and any provider of 1530
communications services as defined in s. 202.11(1) may charge 1531
for and include an optional waiver of liability provision in 1532
their customer contracts under which the entity agrees to waive 1533
all or a portion of the customer's liabil ity for service from 1534
the entity for a defined period in the event of the customer's 1535
call to active military service, death, disability, involuntary 1536
unemployment, qualification for family leave, or similar 1537
qualifying event or condition. Such provisions may not be 1538
effective in the customer's contract with the entity unless 1539
affirmatively elected by the customer. No such provision shall 1540
constitute insurance so long as the provision is a contract 1541
between the entity and its customer. 1542
Reviser's note.—Amended to conform to the reordering of 1543
definitions in s. 366.02 by this act. 1544
Section 53. Subsection (1) of section 624.51057, Florida 1545
Statutes, is amended to read: 1546
624.51057 Credit for contributions to eligible charitable 1547
organizations.— 1548
(1) For taxable years beginning on or after January 1, 1549
2022, there is allowed a credit of 100 percent of an eligible 1550
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contribution made to an eligible charitable organization under 1551
s. 402.62 against any tax due for a taxable year under s. 1552
624.509(1) after deducting from such tax deductions for 1553
assessments made pursuant to s. 440.51; credits for taxes paid 1554
under ss. 175.101 and 185.08; credits for income taxes paid 1555
under chapter 220; and the credit allowed under s. 624.509(5), 1556
as such credit is limited by s. 624.509(6). An eligibl e 1557
contribution must be made to an eligible charitable organization 1558
on or before the date the taxpayer is required to file a return 1559
pursuant to ss. 624.509 and 624.5092. An insurer claiming a 1560
credit against premium tax liability under this section is not 1561
required to pay any additional retaliatory tax levied under s. 1562
624.5091 as a result of claiming such credit. Section 624.5091 1563
does not limit such credit in any manner. 1564
Reviser's note.—Amended to confirm an editorial insertion to 1565
improve clarity. 1566
Section 54. Paragraph (i) of subsection (1) of section 1567
626.9541, Florida Statutes, is amended to read: 1568
626.9541 Unfair methods of competition and unfair or 1569
deceptive acts or practices defined. — 1570
(1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 1571
ACTS.—The following are defined as unfair methods of competition 1572
and unfair or deceptive acts or practices: 1573
(i) Unfair claim settlement practices. — 1574
1. Attempting to settle claims on the basis of an 1575
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application, when serving as a binder or intended to become a 1576
part of the policy, or any other material document which was 1577
altered without notice to, or knowledge or consent of, the 1578
insured; 1579
2. A material misrepresentation made to an insured or any 1580
other person having an interest in the proceeds payable under 1581
such contract or policy, for the purpose and with the intent of 1582
effecting settlement of such claims, loss, or damage under such 1583
contract or policy on less favorable terms than those provided 1584
in, and contemplated by, such contract or policy; or 1585
3. Committing or performing with such frequency as to 1586
indicate a general business practice any of the following: 1587
a. Failing to adopt and implement standards for the proper 1588
investigation of claims; 1589
b. Misrepresenting pertinent facts or insurance policy 1590
provisions relating to coverages at issue; 1591
c. Failing to acknowledge and act promptly upon 1592
communications with respect to claims; 1593
d. Denying claims without conducting reasonable 1594
investigations based upon available information; 1595
e. Failing to affirm or deny full or p artial coverage of 1596
claims, and, as to partial coverage, the dollar amount or extent 1597
of coverage, or failing to provide a written statement that the 1598
claim is being investigated, upon the written request of the 1599
insured within 30 days after proof -of-loss statements have been 1600
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completed; 1601
f. Failing to promptly provide a reasonable explanation in 1602
writing to the insured of the basis in the insurance policy, in 1603
relation to the facts or applicable law, for denial of a claim 1604
or for the offer of a compromise settlem ent; 1605
g. Failing to promptly notify the insured of any 1606
additional information necessary for the processing of a claim; 1607
or 1608
h. Failing to clearly explain the nature of the requested 1609
information and the reasons why such information is necessary ; 1610
or. 1611
i. Failing to pay personal injury protection insurance 1612
claims within the time periods required by s. 627.736(4)(b). The 1613
office may order the insurer to pay restitution to a 1614
policyholder, medical provider, or other claimant, including 1615
interest at a rate consis tent with the amount set forth in s. 1616
55.03(1), for the time period within which an insurer fails to 1617
pay claims as required by law. Restitution is in addition to any 1618
other penalties allowed by law, including, but not limited to, 1619
the suspension of the insure r's certificate of authority ; or. 1620
4. Failing to pay undisputed amounts of partial or full 1621
benefits owed under first -party property insurance policies 1622
within 90 days after an insurer receives notice of a residential 1623
property insurance claim, determines th e amounts of partial or 1624
full benefits, and agrees to coverage, unless payment of the 1625
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undisputed benefits is prevented by an act of God, prevented by 1626
the impossibility of performance, or due to actions by the 1627
insured or claimant that constitute fraud, lack of cooperation, 1628
or intentional misrepresentation regarding the claim for which 1629
benefits are owed. 1630
Reviser's note.—Amended to correct punctuation sequences. 1631
Section 55. Paragraph (b) of subsection (16) of section 1632
633.202, Florida Statutes, is amended to read: 1633
633.202 Florida Fire Prevention Code. — 1634
(16) 1635
(b) Notwithstanding any other provision of law: 1636
1. A nonresidential farm building in which the occupancy 1637
is limited by the property owner to no more than 35 persons is 1638
exempt from the Florida Fire P revention Code, including the 1639
national codes and Life Safety Code incorporated by reference. 1640
2. An agricultural pole barn is exempt from the Florida 1641
Fire Prevention Code, including the national codes and the Life 1642
Safety Code incorporated by reference. 1643
3. Except for an agricultural pole barn, a structure on a 1644
farm, as defined in s. 823.14(3)(c) s. 823.14(3)(b), which is 1645
used by an owner for agritourism activity, as defined in s. 1646
570.86, for which the owner receives consideration must be 1647
classified in one of the following classes: 1648
a. Class 1: A nonresidential farm building that is used by 1649
the owner 12 or fewer times per year for agritourism activity 1650
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with up to 100 persons occupying the structure at one time. A 1651
structure in this class is subject to annual inspection for 1652
classification by the local authority having jurisdiction. This 1653
class is not subject to the Florida Fire Prevention Code but is 1654
subject to rules adopted by the State Fire Marshal pursuant to 1655
this section. 1656
b. Class 2: A nonresidential farm building that is used by 1657
the owner for agritourism activity with up to 300 persons 1658
occupying the structure at one time. A structure in this class 1659
is subject to annual inspection for classification by the local 1660
authority having jurisdiction. This class is not subject to the 1661
Florida Fire Prevention Code but is subject to rules adopted by 1662
the State Fire Marshal pursuant to this section. 1663
c. Class 3: A structure or facility that is used primarily 1664
for housing, sheltering, or otherwise accommodating members of 1665
the general public. A structure or facility in this class is 1666
subject to annual inspection for classification by the local 1667
authority having jurisdiction. This class is subject to the 1668
Florida Fire Prevention Code. 1669
Reviser's note.—Amended to conform to the re ordering of 1670
definitions in s. 823.14(3) by this act. 1671
Section 56. Paragraph (e) of subsection (1) of section 1672
660.46, Florida Statutes, is amended to read: 1673
660.46 Substitution of fiduciaries. — 1674
(1) The provisions of this section shall apply to the 1675
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transfer of fiduciary accounts by substitution, and for those 1676
purposes these provisions shall constitute alternative 1677
procedures to those provided or required by any other provisions 1678
of law relating to the transfer of fiduciary accounts or the 1679
substitution of persons acting or who are to act in a fiduciary 1680
capacity. In this section, and only for its purposes, the term: 1681
(e) "Trust disclosure document" has the meaning ascribed 1682
in s. 736.1008(4)(c) s. 736.1008(4)(a). 1683
Reviser's note.—Amended to conform to the reo rdering of 1684
definitions in s. 736.1008 by this act. 1685
Section 57. Subsection (4) of section 736.1008, Florida 1686
Statutes, is reordered and amended to read: 1687
736.1008 Limitations on proceedings against trustees. — 1688
(4) As used in this section, the term: 1689
(a)(c) "Limitation notice" means a written statement of 1690
the trustee or a trust director that an action by a beneficiary 1691
for breach of trust based on any matter adequately disclosed in 1692
a trust disclosure document may be barred unless the action is 1693
commenced within 6 months after receipt of the trust disclosure 1694
document or receipt of a limitation notice that applies to that 1695
trust disclosure document, whichever is later. A limitation 1696
notice may but is not required to be in the following form: "An 1697
action for breach of trust based on matters disclosed in a trust 1698
accounting or other written report of the trustee or a trust 1699
director may be subject to a 6 -month statute of limitations from 1700
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the receipt of the trust accounting or other written report. If 1701
you have questions, please consult your attorney." 1702
(b) "Trust accounting" means an accounting that adequately 1703
discloses the information required by and that substantially 1704
complies with the standards set forth in s. 736.08135. 1705
(c)(a) "Trust disclosure document" means a trust 1706
accounting or any other written report of the trustee or a trust 1707
director. A trust disclosure document adequately discloses a 1708
matter if the document provides sufficient information so that a 1709
beneficiary knows of a claim or reasonably should have in quired 1710
into the existence of a claim with respect to that matter. 1711
Reviser's note.—Amended to place the definitions in subsection 1712
(4) in alphabetical order. 1713
Section 58. Paragraph (a) of subsection (1) and paragraph 1714
(a) of subsection (2) of section 736.1411, Florida Statutes, are 1715
amended to read: 1716
736.1411 No duty to monitor, inform, or advise. — 1717
(1) Notwithstanding s. 736.1409(1), relating to the duty 1718
of a directed trustee to take reasonable action when directed 1719
and to the release of liability for such action, unless the 1720
terms of a trust provide otherwise: 1721
(a) A trustee does not have a duty to: 1722
1. Monitor a trust director; or 1723
2. Inform or give advice to a settlor, beneficiary, 1724
trustee, or trust director concerning an instance in which the 1725
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trustee might have acted differently from than the trust 1726
director. 1727
(2) Notwithstanding s. 736.1408(1), relating to the 1728
fiduciary duty of a trust director, unless the terms of a trust 1729
provide otherwise: 1730
(a) A trust director does not have a duty to: 1731
1. Monitor a trustee or another trust director; or 1732
2. Inform or give advice to a settlor, beneficiary, 1733
trustee, or another trust director concerning an instance in 1734
which the trust director might have acted differently from than 1735
a trustee or another trust dire ctor. 1736
Reviser's note.—Amended to confirm an editorial substitution to 1737
conform to context. 1738
Section 59. Paragraph (a) of subsection (2) of section 1739
738.602, Florida Statutes, is amended to read: 1740
738.602 Payments from deferred compensation plans, 1741
annuities, and retirement plans or accounts. — 1742
(2)(a) For a fund that is a separate account, income of 1743
the fund shall be determined: 1744
1. As if the fund were a trust subject to the provisions 1745
of ss. 738.401-738.706; or 1746
2. As a unitrust amount calculated by mul tiplying the fair 1747
market value of the fund as of the first day of the first 1748
accounting period and, thereafter, as of the last day of the 1749
accounting period that immediately precedes the accounting 1750
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period during which a payment is received by the percentage 1751
determined in accordance with s. 738.1041(2)(b)2.a. The 1752
fiduciary shall determine such percentage as of the first month 1753
that the fiduciary's election to treat the income of the fund as 1754
a unitrust amount becomes effective. For purposes of this 1755
subparagraph, "fair market value" means the fair market value of 1756
the assets held in the fund as of the applicable valuation date 1757
determined as provided in this subparagraph. The fiduciary is 1758
not liable for good faith reliance upon any valuation supplied 1759
by the person or persons in possession of the fund. If the 1760
fiduciary makes or terminates an election under this 1761
subparagraph, the fiduciary shall make such disclosure in a 1762
trust disclosure document that satisfies the requirements of s. 1763
736.1008(4)(c) 736.1008(4)(a). 1764
Reviser's note.—Amended to conform to the reordering of 1765
definitions in s. 736.1008 by this act. 1766
Section 60. Subsection (2) of section 765.101, Florida 1767
Statutes, is amended to read: 1768
765.101 Definitions. —As used in this chapter: 1769
(2) "Attending physician" means the physician who has 1770
primary responsibility for the treatment and care of the patient 1771
while the patient receives such treatment or care in a hospital 1772
as defined in s. 395.002(12) s. 395.002(13). 1773
Reviser's note.—Amended to conform to the reordering of 1774
definitions in s. 395.002 by this act. 1775
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Section 61. Paragraph (e) of subsection (1) of section 1776
768.1382, Florida Statutes, is amended to read: 1777
768.1382 Streetlights, security lights, and other similar 1778
illumination; limitation on liability. — 1779
(1) As used in this section, the term: 1780
(e) "Streetlight provider" means the state or any of the 1781
state's officers, agencies, or instrumentalities, any political 1782
subdivision as defined in s. 1.01, any public utility as defined 1783
in s. 366.02(8) s. 366.02(1), or any electric utility as defined 1784
in s. 366.02(4) s. 366.02(2). 1785
Reviser's note.—Amended to conform to the reordering of 1786
definitions in s. 366.02 by this act. 1787
Section 62. Paragraph (b) of subsection (1) of section 1788
768.381, Florida Statutes, is amended to r ead: 1789
768.381 COVID-19-related claims against health care 1790
providers.— 1791
(1) DEFINITIONS.—As used in this section, the term: 1792
(b) "COVID-19" means the novel coronavirus identified as 1793
SARS-CoV-2 SARS-zc-2; any disease caused by SARS -CoV-2, its 1794
viral fragments, or a virus mutating therefrom; and all 1795
conditions associated with the disease which are caused by SARS -1796
CoV-2, its viral fragments, or a virus mutating therefrom. 1797
Reviser's note.—Amended to confirm a correction by the editors 1798
of an input error du ring production of the 2021 Florida 1799
Statutes. 1800
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Section 63. Paragraph (b) of subsection (2) of section 1801
812.014, Florida Statutes, is amended to read: 1802
812.014 Theft.— 1803
(2) 1804
(b)1. If the property stolen is valued at $20,000 or more, 1805
but less than $100,000; 1806
2. If the property stolen is cargo valued at less than 1807
$50,000 that has entered the stream of interstate or intrastate 1808
commerce from the shipper's loading platform to the consignee's 1809
receiving dock; 1810
3. If the property stolen is emergency medi cal equipment, 1811
valued at $300 or more, that is taken from a facility licensed 1812
under chapter 395 or from an aircraft or vehicle permitted under 1813
chapter 401; or 1814
4. If the property stolen is law enforcement equipment, 1815
valued at $300 or more, that is taken f rom an authorized 1816
emergency vehicle, as defined in s. 316.003, 1817
1818
the offender commits grand theft in the second degree, 1819
punishable as a felony of the second degree, as provided in s. 1820
775.082, s. 775.083, or s. 775.084. Emergency medical equipment 1821
means mechanical or electronic apparatus used to provide 1822
emergency services and care as defined in s. 395.002(9) or to 1823
treat medical emergencies. Law enforcement equipment means any 1824
property, device, or apparatus used by any law enforcement 1825
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officer as defined in s. 943.10 in the officer's official 1826
business. However, if the property is stolen during a riot or an 1827
aggravated riot prohibited under s. 870.01 and the perpetration 1828
of the theft is facilitated by conditions arising from the riot; 1829
or within a county that is su bject to a state of emergency 1830
declared by the Governor under chapter 252, the theft is 1831
committed after the declaration of emergency is made, and the 1832
perpetration of the theft is facilitated by conditions arising 1833
from the emergency, the theft is a felony of the first degree, 1834
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1835
As used in this paragraph, the term "conditions arising from the 1836
riot" means civil unrest, power outages, curfews, or a reduction 1837
in the presence of or response time for fi rst responders or 1838
homeland security personnel and the term "conditions arising 1839
from the emergency" means civil unrest, power outages, curfews, 1840
voluntary or mandatory evacuations, or a reduction in the 1841
presence of or response time for first responders or ho meland 1842
security personnel. A person arrested for committing a theft 1843
during a riot or an aggravated riot or within a county that is 1844
subject to a state of emergency may not be released until the 1845
person appears before a committing magistrate at a first 1846
appearance hearing. For purposes of sentencing under chapter 1847
921, a felony offense that is reclassified under this paragraph 1848
is ranked one level above the ranking under s. 921.0022 or s. 1849
921.0023 of the offense committed. 1850
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Reviser's note.—Amended to improve sente nce structure. 1851
Section 64. Paragraph (g) of subsection (1) of section 1852
812.015, Florida Statutes, is amended to read: 1853
812.015 Retail and farm theft; transit fare evasion; 1854
mandatory fine; alternative punishment; detention and arrest; 1855
exemption from liability for false arrest; resisting arrest; 1856
penalties.— 1857
(1) As used in this section: 1858
(g) "Farm theft" means the unlawful taking possession of 1859
any items that are grown or produced on land owned, rented, or 1860
leased by another person. The term includes the unlawful taking 1861
possession of equipment and associated materials used to grow or 1862
produce farm products as defined in s. 823.14(3)(e) s. 1863
823.14(3)(d). 1864
Reviser's note.—Amended to conform to the reordering of 1865
definitions in s. 823.14(3) by this act 1866
Section 65. Subsection (3) of section 823.14, Florida 1867
Statutes, is reordered and amended to read: 1868
823.14 Florida Right to Farm Act. — 1869
(3) DEFINITIONS.—As used in this section: 1870
(a) "Agritourism activity" has the same meaning as 1871
provided in s. 570.86. 1872
(b)(e) "Established date of operation" means the date the 1873
farm operation commenced. For an agritourism activity, the term 1874
"established date of operation" means the date the specific 1875
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agritourism activity commenced. If the farm operation is 1876
subsequently expanded within the original boundaries of the farm 1877
land, the established date of operation of the expansion shall 1878
also be considered as the date the original farm operation 1879
commenced. If the land boundaries of the farm are subsequently 1880
expanded, the established da te of operation for each expansion 1881
is deemed to be a separate and independent established date of 1882
operation. The expanded operation shall not divest the farm 1883
operation of a previous established date of operation. 1884
(c)(b) "Farm" means the land, buildings, support 1885
facilities, machinery, and other appurtenances used in the 1886
production of farm or aquaculture products. 1887
(d)(c) "Farm operation" means all conditions or activities 1888
by the owner, lessee, agent, independent contractor, or supplier 1889
which occur on a farm in connection with the production of farm, 1890
honeybee, or apiculture products or in connection with 1891
complementary agritourism activities. These conditions and 1892
activities include, but are not limited to, the marketing of 1893
farm products at roadside stands or farm markets; the operation 1894
of machinery and irrigation pumps; the generation of noise, 1895
odors, dust, fumes, and particle emissions; ground or aerial 1896
seeding and spraying; the placement and operation of an apiary; 1897
the application of chemical fertilizers, c onditioners, 1898
insecticides, pesticides, and herbicides; agritourism 1899
activities; and the employment and use of labor. 1900
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(e)(d) "Farm product" means any plant, as defined in s. 1901
581.011, or animal or insect useful to humans and includes, but 1902
is not limited to, any product derived therefrom. 1903
(f) "Nuisance" means any interference with reasonable use 1904
and enjoyment of land, including, but not limited to, noise, 1905
smoke, odors, dust, fumes, particle emissions, or vibration. The 1906
term also includes all claims that meet the requirements of this 1907
definition, regardless of whether the plaintiff designates those 1908
claims as brought in nuisance, negligence, trespass, personal 1909
injury, strict liability, or other tort. 1910
Reviser's note.—Amended to place the definitions in subsec tion 1911
(3) in alphabetical order. 1912
Section 66. Paragraph (c) of subsection (5) of section 1913
849.086, Florida Statutes, is amended to read: 1914
849.086 Cardrooms authorized. — 1915
(5) LICENSE REQUIRED; APPLICATION; FEES. —No person may 1916
operate a cardroom in this s tate unless such person holds a 1917
valid cardroom license issued pursuant to this section. 1918
(c) Notwithstanding any other provision of law, a pari -1919
mutuel permitholder, other than a permitholder issued a permit 1920
pursuant to s. 550.3345, may not be issued a lic ense for the 1921
operation of a cardroom if the permitholder did not hold an 1922
operating license for the conduct of pari -mutuel wagering for 1923
fiscal year 2020-2021. In order for an initial cardroom license 1924
to be issued to a thoroughbred permitholder issued a perm it 1925
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pursuant to s. 550.3345, the applicant must have requested, as 1926
part of its pari-mutuel annual license application, to conduct 1927
at least a full schedule of live racing. In order for a cardroom 1928
license to be renewed by a thoroughbred permitholder, the 1929
applicant must have requested, as part of its pari -mutuel annual 1930
license application, to conduct at least 90 percent of the total 1931
number of live performances conducted by such permitholder 1932
during either the state fiscal year in which its initial 1933
cardroom license was issued or the state fiscal year immediately 1934
prior thereto if the permitholder ran at least a full schedule 1935
of live racing or games in the prior year. 1936
Reviser's note.—Amended to confirm an editorial insertion to 1937
improve clarity. 1938
Section 67. Subsection (3) of section 870.01, Florida 1939
Statutes, is amended to read: 1940
870.01 Affrays and riots. — 1941
(3) A person commits aggravated rioting if, in the course 1942
of committing a riot, he or she: 1943
(a) Participates with 25 or more other persons; 1944
(b) Causes great bodily harm to a person not participating 1945
in the riot; 1946
(c) Causes property damage in excess of $5,000; 1947
(d) Displays, uses, threatens to use, or attempts to use a 1948
deadly weapon; or 1949
(e) By force, or threat of force, endangers the safe 1950
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movement of a vehicle traveling on a public street, highway, or 1951
road. 1952
1953
A person who commits aggravated aggravating rioting commits a 1954
felony of the second degree, punishable as provided in s. 1955
775.082, s. 775.083, or s. 775.084. 1956
Reviser's note.—Amended to confirm an editor ial substitution to 1957
conform to context. Chapter 2021 -6, Laws of Florida, 1958
introduced the crime of aggravated rioting to the statutes, 1959
and all instances in the law except this one use the word 1960
"aggravated." 1961
Section 68. Paragraph (a) of subsection (2) of section 1962
948.16, Florida Statutes, is amended to read: 1963
948.16 Misdemeanor pretrial substance abuse education and 1964
treatment intervention program; misdemeanor pretrial veterans' 1965
treatment intervention program; misdemeanor pretrial mental 1966
health court program.— 1967
(2)(a) A veteran or a servicemember, as defined in s. 1968
394.47891(2)(d) or (c), respectively, who is otherwise qualified 1969
to participate in a veterans treatment court program under s. 1970
394.47891, and is charged with a misdemeanor is eligible for 1971
admission into a misdemeanor veterans treatment court program 1972
program, for a period based on the program's requirements and 1973
the treatment plan for the offender, pursuant to the 1974
requirements of s. 394.47891(4) and (8). 1975
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Reviser's note.—Amended to confirm an editoria l deletion to 1976
eliminate redundancy. 1977
Section 69. Subsection (10) of section 1001.03, Florida 1978
Statutes, is amended to read: 1979
1001.03 Specific powers of State Board of Education. — 1980
(10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY 1981
EDUCATION.—The State Board of Education, in conjunction with the 1982
Board of Governors, shall develop and implement a common 1983
placement test to assess the basic communication and computation 1984
and communication skills of students who intend to enter a 1985
degree program at any Flori da College System institution or 1986
state university. 1987
Reviser's note.—Amended to conform to ch. 2021 -162, Laws of 1988
Florida, which substituted the words "communication and 1989
computation" for the words "computation and communication" 1990
as those words relate to educa tion. 1991
Section 70. Subsection (1) of section 1001.10, Florida 1992
Statutes, is amended to read: 1993
1001.10 Commissioner of Education; general powers and 1994
duties.— 1995
(1) The Commissioner of Education is the chief educational 1996
officer of the state and the sole custodian of the educational 1997
data warehouse, and is responsible for giving full assistance to 1998
the State Board of Education in enforcing compliance with the 1999
mission and goals of the Early Learning-20 Early Learning 2000
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education system, except for the State University System. 2001
Reviser's note.—Amended to confirm the editorial substitution of 2002
the term "Early Learning -20" for the term "Early Learning" 2003
to correct a drafting error and conform to amendments by 2004
ch. 2021-10, Laws of Florida. 2005
Section 71. Subsection (7) of section 1001.42, Florida 2006
Statutes, is amended to read: 2007
1001.42 Powers and duties of district school board. —The 2008
district school board, acting as a board, sh all exercise all 2009
powers and perform all duties listed below: 2010
(7) PROHIBITION FROM EMPLOYMENT. —Prohibit educational 2011
support employees, instructional personnel, and administrative 2012
personnel, as defined in s. 1012.01, from employment in any 2013
position that requires direct contact with students if the 2014
employees or personnel are ineligible for such employment under 2015
s. 1012.315 or have been terminated or have resigned in lieu of 2016
termination for sexual misconduct with a student. If the 2017
prohibited conduct occurs wh ile employed, the district school 2018
board must report the employees or personnel and the 2019
disqualifying circumstances to the department for inclusion on 2020
the disqualification list maintained by the department pursuant 2021
to s. 1001.10(4)(b). An elected or appoint ed school board 2022
official forfeits his or her salary for 1 year if: 2023
(a) The school board official knowingly signs and 2024
transmits to any state official a report of alleged misconduct 2025
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by educational support employees, instructional personnel, or 2026
administrative personnel which the school board official knows 2027
to be false or incorrect; or 2028
(b) The school board official knowingly fails to adopt 2029
policies that require: 2030
1. Educational support employees, instructional personnel, 2031
and administrative personnel to rep ort alleged misconduct by 2032
other educational support employees, instructional personnel, 2033
and administrative personnel; 2034
2. The district school superintendent to report misconduct 2035
by educational support employees, instructional personnel, or 2036
school administrators that would result in disqualification from 2037
educator certification or employment as provided in s. 1012.315 2038
to the law enforcement agencies with jurisdiction over the 2039
conduct; or 2040
3. The investigation of all reports of alleged misconduct 2041
by educational support employees, instructional personnel, and 2042
administrative personnel, if the misconduct affects the health, 2043
safety, or welfare of a student, regardless of whether the 2044
person resigned or was terminated before the conclusion of the 2045
investigation. The policies must require the district school 2046
superintendent to notify the department of the result of the 2047
investigation and whether the misconduct warranted termination, 2048
regardless of whether the person resigned or was terminated 2049
before the conclusion of the investigation. 2050
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Reviser's note.—Amended to confirm editorial insertions to 2051
improve clarity. 2052
Section 72. Paragraph (g) of subsection (12) of section 2053
1002.33, Florida Statutes, is amended to read: 2054
1002.33 Charter schools. — 2055
(12) EMPLOYEES OF CHARTER S CHOOLS.— 2056
(g)1. A charter school shall employ or contract with 2057
employees who have undergone background screening as provided in 2058
s. 1012.32. Members of the governing board of the charter school 2059
shall also undergo background screening in a manner similar to 2060
that provided in s. 1012.32. An individual may not be employed 2061
as an employee or contract personnel of a charter school or 2062
serve as a member of a charter school governing board if the 2063
individual is on the disqualification list maintained by the 2064
department pursuant to s. 1001.10(4)(b). 2065
2. A charter school shall prohibit educational support 2066
employees, instructional personnel, and school administrators, 2067
as defined in s. 1012.01, from employment in any position that 2068
requires direct contact with students if t he employees, 2069
personnel, or administrators are ineligible for such employment 2070
under s. 1012.315 or have been terminated or have resigned in 2071
lieu of termination for sexual misconduct with a student. If the 2072
prohibited conduct occurs while employed, a charter school must 2073
report the individual and the disqualifying circumstances to the 2074
department for inclusion on the disqualification list maintained 2075
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pursuant to s. 1001.10(4)(b). 2076
3. The governing board of a charter school shall adopt 2077
policies establishing stan dards of ethical conduct for 2078
educational support employees, instructional personnel, and 2079
school administrators. The policies must require all educational 2080
support employees, instructional personnel, and school 2081
administrators, as defined in s. 1012.01, to co mplete training 2082
on the standards; establish the duty of educational support 2083
employees, instructional personnel, and school administrators to 2084
report, and procedures for reporting, alleged misconduct that 2085
affects the health, safety, or welfare of a student; and include 2086
an explanation of the liability protections provided under ss. 2087
39.203 and 768.095. A charter school, or any of its employees, 2088
may not enter into a confidentiality agreement regarding 2089
terminated or dismissed educational support employees, 2090
instructional personnel, or school administrators, or employees, 2091
personnel, or administrators who resign in lieu of termination, 2092
based in whole or in part on misconduct that affects the health, 2093
safety, or welfare of a student, and may not provide employees, 2094
personnel, or administrators with employment references or 2095
discuss the employees', personnel's, or administrators' 2096
performance with prospective employers in another educational 2097
setting, without disclosing the employees', personnel's, or 2098
administrators' miscond uct. Any part of an agreement or contract 2099
that has the purpose or effect of concealing misconduct by 2100
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educational support employees, instructional personnel, or 2101
school administrators which affects the health, safety, or 2102
welfare of a student is void, is cont rary to public policy, and 2103
may not be enforced. 2104
4. Before employing an individual in any position that 2105
requires direct contact with students, a charter school shall 2106
conduct employment history checks of each individual through use 2107
of the educator screenin g tools described in s. 1001.10(5), and 2108
document the findings. If unable to contact a previous employer, 2109
the charter school must document efforts to contact the 2110
employer. 2111
5. The sponsor of a charter school that knowingly fails to 2112
comply with this paragra ph shall terminate the charter under 2113
subsection (8). 2114
Reviser's note.—Amended to confirm an editorial insertion to 2115
improve clarity. 2116
Section 73. Paragraph (f) of subsection (3) of section 2117
1002.37, Florida Statutes, is amended to read: 2118
1002.37 The Florida Virtual School.— 2119
(3) Funding for the Florida Virtual School shall be 2120
provided as follows: 2121
(f) The Florida Virtual School shall receive state funds 2122
for operating purposes as provided in the General Appropriations 2123
Act. The calculation to determine the amount of state funds 2124
includes: the sum of the base Florida Education Finance Program 2125
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funding, the state-funded discretionary contribution and a per -2126
full-time equivalent share of the discretionary millage 2127
compression supplement, the exceptional student ed ucation 2128
guaranteed allocation, the instructional materials allocation, 2129
the evidence-based research-based reading instruction 2130
allocation, the mental health assistance allocation, and the 2131
teacher salary increase allocation. For the purpose of 2132
calculating the state-funded discretionary contribution, 2133
multiply the maximum allowable nonvoted discretionary millage 2134
for operations pursuant to s. 1011.71(1) and (3) by the value of 2135
96 percent of the current year's taxable value for school 2136
purposes for the state; divid e the result by the total full -time 2137
equivalent membership of the state; and multiply the result by 2138
the full-time equivalent membership of the school. Funds may not 2139
be provided for the purpose of fulfilling the class size 2140
requirements in ss. 1003.03 and 101 1.685. 2141
Reviser's note.—Amended to conform to ch. 2021 -9, Laws of 2142
Florida, which renamed the "research -based reading 2143
instruction allocation" as the "evidence -based reading 2144
instruction allocation." 2145
Section 74. Paragraph (r) of subsection (1) of section 2146
1002.421, Florida Statutes, is amended to read: 2147
1002.421 State school choice scholarship program 2148
accountability and oversight. — 2149
(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 2150
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school participating in an educational scholarship program 2151
established pursuant to this chapter must be a private school as 2152
defined in s. 1002.01(2) in this state, be registered, and be in 2153
compliance with all requirements of this section in addition to 2154
private school requirements outlined in s. 1002.42, specific 2155
requirements identified within respective scholarship program 2156
laws, and other provisions of Florida law that apply to private 2157
schools, and must: 2158
(r) Prohibit education support employees, instructional 2159
personnel, and school administrators from employment i n any 2160
position that requires direct contact with students if the 2161
personnel or administrators are ineligible for such employment 2162
pursuant to this section or s. 1012.315, or have been terminated 2163
or have resigned in lieu of termination for sexual misconduct 2164
with a student. If the prohibited conduct occurs subsequent to 2165
employment, the private school must report the person and the 2166
disqualifying circumstances to the department for inclusion on 2167
the disqualification list maintained pursuant to s. 2168
1001.10(4)(b). 2169
2170
The department shall suspend the payment of funds to a private 2171
school that knowingly fails to comply with this subsection, and 2172
shall prohibit the school from enrolling new scholarship 2173
students, for 1 fiscal year and until the school complies. If a 2174
private school fails to meet the requirements of this subsection 2175
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or has consecutive years of material exceptions listed in the 2176
report required under paragraph (q), the commissioner may 2177
determine that the private school is ineligible to participate 2178
in a scholarship program. 2179
Reviser's note.—Amended to confirm an editorial insertion to 2180
improve clarity. 2181
Section 75. Paragraph (a) of subsection (3) of section 2182
1002.82, Florida Statutes, is amended to read: 2183
1002.82 Department of Education; powers and duties. — 2184
(3)(a) The department shall adopt performance standards 2185
and outcome measures for early learning coalitions that, at a 2186
minimum, include the development of objective and statistically 2187
valid customer service surveys by a state university or of other 2188
independent researcher with specific expertise in customer 2189
service survey development. The survey shall be deployed 2190
beginning in fiscal year 2022 -2023 and be distributed to: 2191
1. Customers who use the services in s. 1002.92 upon the 2192
completion of a referral inquiry. 2193
2. Parents, annually, at the time of eligibility 2194
determination. 2195
3. Child care providers that participate in the school 2196
readiness program or the Voluntary Prekindergarten Education 2197
Program at the time of execution of the statewide provider 2198
contract. 2199
4. Board members required under s. 1002.83. 2200
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Reviser's note.—Amended to confirm an editorial substitution to 2201
conform to context. 2202
Section 76. Paragraph (c) of subsection (3) of section 2203
1003.4203, Florida Statutes, is amended to read: 2204
1003.4203 Digital mater ials, CAPE Digital Tool 2205
certificates, and technical assistance. — 2206
(3) CAPE DIGITAL TOOL CERTIFICATES. —The department shall 2207
identify, in the CAPE Industry Certification Funding List under 2208
ss. 1003.492 and 1008.44, CAPE Digital Tool certificates that 2209
indicate a student's digital skills. The department shall notify 2210
each school district when the certificates are available. The 2211
certificates shall be made available to all public elementary 2212
and middle grades students. 2213
(c) The Legislature intends that by July 1, 2018, on an 2214
annual basis, at least 75 percent of public middle grades 2215
students earn at least one CAPE Digital Tool certificate. 2216
Reviser's note.—Amended to delete obsolete language. 2217
Section 77. Paragraph (d) of subsection (3) of section 2218
1003.4282, Florida Statutes, is amended to read: 2219
1003.4282 Requirements for a standard high school 2220
diploma.— 2221
(3) STANDARD HIGH SCHOOL DIPLOMA; COURSE AND ASSESSMENT 2222
REQUIREMENTS.— 2223
(d) Three credits in social studies. —A student must earn 2224
one credit in United States History; one credit in World 2225
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History; one-half credit in economics; and one -half credit in 2226
United States Government, which must include a comparative 2227
discussion of political ideologies, such as communism and 2228
totalitarianism, that conflict with the principl es of freedom 2229
and democracy essential to the founding principles of the United 2230
States. The United States History EOC assessment constitutes 30 2231
percent of the student's final course grade. Beginning with the 2232
2021-2022 school year, students taking the United States 2233
Government course are required to take the assessment of civic 2234
literacy identified by the State Board of Education pursuant to 2235
s. 1007.25(5) s. 1007.25(4). Students earning a passing score on 2236
the assessment are exempt from the postsecondary civic literacy 2237
assessment required by s. 1007.25(5) s. 1007.25(4). 2238
Reviser's note.—Amended to conform to the fact that s. 2239
1007.25(5) relates to demonstration of competen cy in civic 2240
literacy; s. 1007.25(4) relates to the identified digital 2241
credential regarding competency in general education 2242
courses. 2243
Section 78. Paragraph (a) of subsection (2) of section 2244
1003.5716, Florida Statutes, is amended to read: 2245
1003.5716 Transition to postsecondary education and career 2246
opportunities.—All students with disabilities who are 3 years of 2247
age to 21 years of age have the right to a free, appropriate 2248
public education. As used in this section, the term "IEP" means 2249
individual education plan. 2250
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(2) Beginning not later than the first IEP to be in effect 2251
when the student enters high school, attains the age of 14, or 2252
when determined appropriate by the parent and the IEP team, 2253
whichever occurs first, the IEP must include the following 2254
statements that must be updated annually: 2255
(a) A statement of intent to pursue a standard high school 2256
diploma and a Scholar or Merit designation, pursuant to s. 2257
1003.4285, as determined by the parent. 2258
1. The statement must document discussion of the process 2259
for a student with a disability who meets the requirements for a 2260
standard high school diploma to defer the receipt of such 2261
diploma pursuant to s. 1003.4282(9)(c) s. 1003.4282(10)(c). 2262
2. For the IEP in effect at the beginning of the school 2263
year the student is expected to graduate, the statement must 2264
include a signed statement by the parent, the guardian, or the 2265
student, if the student has reached the age of majority and 2266
rights have transferred to th e student, that he or she 2267
understands the process for deferment and identifying if the 2268
student will defer the receipt of his or her standard high 2269
school diploma. 2270
Reviser's note.—Amended to conform to the redesignation of s. 2271
1003.4282(10)(c) as s. 1003.4282 (9)(c) necessitated by the 2272
repeal of former s. 1003.4282(9) by s. 12, ch. 2021 -52, 2273
Laws of Florida. 2274
Section 79. Subsection (6) of section 1004.015, Florida 2275
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Statutes, is amended to read: 2276
1004.015 Florida Talent Development Council. — 2277
(6) The council shall coordinate, facilitate, and 2278
communicate statewide efforts to meet supply and demand needs 2279
for the state's health care workforce. Annually, beginning 2280
December 1, 2021, the council shall report on the implementation 2281
of this subsection and any other rel evant information on the 2282
Florida Talent Development Developmental Council's web page 2283
located on the Department of Economic Opportunity's website. To 2284
support the efforts of the council, the Board of Governors and 2285
the State Board of Education shall: 2286
(a) Conduct a statistically valid biennial data -driven gap 2287
analysis of the supply and demand of the health care workforce. 2288
Demand must align with the Labor Market Estimating Conference 2289
created in s. 216.136. 2290
(b) Provide 10-year trend information on nursing edu cation 2291
programs subject to the requirements of s. 464.019. The 2292
Department of Health, the Board of Governors, the State Board of 2293
Education, the Commission for Independent Education, the 2294
Independent Colleges and Universities of Florida, and 2295
postsecondary institutions participating in a state grant 2296
program under s. 1009.89 or s. 1009.891, shall provide data on: 2297
1. The number and type of programs and student slots 2298
available. 2299
2. The number of student applications submitted, the 2300
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number of qualified student ap plicants, and the number of 2301
students accepted. 2302
3. The number of program graduates. 2303
4. Program retention rates of students tracked from 2304
program entry to graduation. 2305
5. Graduate passage rates on and the number of times each 2306
graduate took the National C ouncil of State Boards of Nursing 2307
Licensing Examination. 2308
6. The number of graduates who become employed as 2309
practical or professional nurses in the state. 2310
7. The educational advancement of nurses through career 2311
pathways by comparing their initial degree to the highest degree 2312
they obtained for the preceding 10 years. 2313
(c) Develop a survey for use by the Department of Health, 2314
the Commission for Independent Education, the Independent 2315
Colleges and Universities of Florida, and postsecondary 2316
institutions participating in a state grant program under s. 2317
1009.89 or s. 1009.891, to collect data required under paragraph 2318
(b). The survey must include, but is not limited to, a student's 2319
age, gender, race, ethnicity, veteran status, wage, employer 2320
information, loan deb t, and retirement expectations. 2321
Reviser's note.—Amended to confirm an editorial substitution to 2322
conform to the correct name of the council as referenced in 2323
s. 1004.015, which creates it. 2324
Section 80. Paragraph (g) of subsection (3) of section 2325
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1004.097, Florida Statutes, is amended to read: 2326
1004.097 Free expression on campus. — 2327
(3) RIGHT TO FREE-SPEECH ACTIVITIES.— 2328
(g) Notwithstanding s. 934.03 and subject to the 2329
protections provided in the Family Educational Rights and 2330
Privacy Act of 1974, 20 U.S.C. s. 1232g, and ss. 1002.22 and 2331
1002.225, a student may record video or audio of class lectures 2332
for his or her their own personal educational use, in connection 2333
with a complaint to the public institution of higher education 2334
where the recording was made, or as evidence in, or in 2335
preparation for, a criminal or civil proceeding. A recorded 2336
lecture may not be published without the consent of the 2337
lecturer. 2338
Reviser's note.—Amended to conform to the immediately preceding 2339
context. 2340
Section 81. Paragraphs (a) and (f) of subsection (3) of 2341
section 1006.60, Florida Statutes, are amended to read: 2342
1006.60 Codes of conduct; disciplinary measures; rules or 2343
regulations.— 2344
(3) The codes of conduct shall be published on the Florida 2345
College System institution's or state un iversity's website, 2346
protect the rights of all students, and, at minimum, provide the 2347
following due process protections to students and student 2348
organizations: 2349
(a) The right to timely written notice. The code must 2350
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require that the institution or university provide a student or 2351
student organization with timely written notice of the student's 2352
or student organization's alleged violation of the code of 2353
conduct. The notice must include sufficient detail and be 2354
provided with sufficient time to prepare for any dis ciplinary 2355
proceeding. 2356
1. The written notice must include the allegations to be 2357
investigated; the citation to the specific provision of the code 2358
of conduct at issue; the process to be used in determining 2359
whether a violation has occurred and associated rights; and the 2360
date, time, and location of the disciplinary proceeding. 2361
2. The written notice is considered timely if it is 2362
provided at least 7 business days before the disciplinary 2363
proceeding and may be provided by delivery to the student's 2364
institutional e-mail address and, if the student is under 18 2365
years of age, to the student's parent or to the student 2366
organization's e-mail address. 2367
3. At least 5 business days before the disciplinary 2368
proceeding, the institution or university must provide the 2369
student or student organization with: 2370
a. A listing of all known witnesses who that have 2371
provided, or will provide, information against the student or 2372
student organization. 2373
b. All known information relating to the allegation, 2374
including inculpatory and exculpa tory information. 2375
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(f) The right to an advisor or advocate who may not serve 2376
in any other role, including as an investigator, decider of 2377
fact, hearing officer, or member of a committee or panel 2378
convened to hear or decide the charge, or any appeal. 2379
Reviser's note.—Paragraph (a) is amended to confirm an editorial 2380
substitution to conform to context. Paragraph (f) is 2381
amended to improve clarity and correct sentence structure. 2382
Section 82. Paragraphs (b), (d), and (e) of subsection (5) 2383
and paragraph (c) of su bsection (8) of section 1008.25, Florida 2384
Statutes, are amended to read: 2385
1008.25 Public school student progression; student 2386
support; screening and progress monitoring; reporting 2387
requirements.— 2388
(5) READING DEFICIENCY AND PARENTAL NOTIFICATION. — 2389
(b) A Voluntary Prekindergarten Education Program student 2390
who exhibits a substantial deficiency in early literacy skills 2391
in accordance with the standards under s. 1002.67(1)(a) and 2392
based upon the results of the administration of the final 2393
coordinated screening an d progress monitoring under s. 1008.2125 2394
shall be referred to the local school district and may be 2395
eligible to receive intensive reading interventions before 2396
participating in kindergarten. Such intensive reading 2397
interventions shall be paid for using funds from the district's 2398
evidence-based research-based reading instruction allocation in 2399
accordance with s. 1011.62(8) s. 1011.62(9). 2400
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(d) The parent of any student who exhibits a substantial 2401
deficiency in reading, as described in paragraph (a), must be 2402
notified in writing of the following: 2403
1. That his or her child has been identified as having a 2404
substantial deficiency in reading, including a description and 2405
explanation, in terms understandable to the parent, of the exact 2406
nature of the student's difficulty in learning and lack of 2407
achievement in reading. 2408
2. A description of the current services that are provided 2409
to the child. 2410
3. A description of the proposed intensive interventions 2411
and supports that will be provided to the child that are 2412
designed to remediate the identified area of reading deficiency. 2413
4. That if the child's reading deficiency is not 2414
remediated by the end of grade 3, the child must be retained 2415
unless he or she is exempt from mandatory retention for good 2416
cause. 2417
5. Strategies, including mul tisensory strategies, through 2418
a read-at-home plan the parent can use in helping his or her 2419
child succeed in reading. The read -at-home plan must provide 2420
access to the resources identified in paragraph (e) paragraph 2421
(d). 2422
6. That the statewide, standardized English Language Arts 2423
assessment is not the sole determiner of promotion and that 2424
additional evaluations, portfolio reviews, and assessments are 2425
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available to the child to assist parents and the school district 2426
in knowing when a child is reading at or abov e grade level and 2427
ready for grade promotion. 2428
7. The district's specific criteria and policies for a 2429
portfolio as provided in subparagraph (6)(b)4. and the evidence 2430
required for a student to demonstrate mastery of Florida's 2431
academic standards for English Language Arts. A school must 2432
immediately begin collecting evidence for a portfolio when a 2433
student in grade 3 is identified as being at risk of retention 2434
or upon the request of the parent, whichever occurs first. 2435
8. The district's specific criteria and po licies for 2436
midyear promotion. Midyear promotion means promotion of a 2437
retained student at any time during the year of retention once 2438
the student has demonstrated ability to read at grade level. 2439
9. Information about the student's eligibility for the New 2440
Worlds Reading Initiative under s. 1003.485 and information on 2441
parent training modules and other reading engagement resources 2442
available through the initiative. 2443
2444
After initial notification, the school shall apprise the parent 2445
at least monthly of the student's progress in response to the 2446
intensive interventions and supports. Such communications must 2447
be in writing and must explain any additional interventions or 2448
supports that will be implemented to accelerate the student's 2449
progress if the interventions and suppo rts already being 2450
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implemented have not resulted in improvement. 2451
(e) The Department of Education shall compile resources 2452
that each school district must incorporate into a read -at-home 2453
plan provided to the parent of a student who is identified as 2454
having a substantial reading deficiency pursuant to paragraph 2455
(d) paragraph (c). The resources must be made available in an 2456
electronic format that is accessible online and must include the 2457
following: 2458
1. Developmentally appropriate, evidence -based strategies 2459
and programming, including links to video training modules and 2460
opportunities to sign up for at -home reading tips delivered 2461
periodically via text and e -mail, which a parent can use to help 2462
improve his or her child's literacy skills. 2463
2. An overview of the types of assessments used to 2464
identify reading deficiencies and what those assessments measure 2465
or do not measure, the frequency with which the assessments are 2466
administered, and the requirements for interventions and 2467
supports that districts must provide to studen ts who do not make 2468
adequate academic progress. 2469
3. An overview of the process for initiating and 2470
conducting evaluations for exceptional education eligibility. 2471
The overview must include an explanation that a diagnosis of a 2472
medical condition alone is not su fficient to establish 2473
exceptional education eligibility but may be used to document 2474
how that condition relates to the student's eligibility 2475
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determination and may be disclosed in an eligible student's 2476
individual education plan when necessary to inform schoo l 2477
personnel responsible for implementing the plan. 2478
4. Characteristics of conditions associated with learning 2479
disorders, including dyslexia, dysgraphia, dyscalculia, and 2480
developmental aphasia. 2481
5. A list of resources that support informed parent 2482
involvement in decisionmaking processes for students who have 2483
difficulty in learning. 2484
2485
Upon the request of a parent, resources meeting the requirements 2486
of this paragraph must be provided to the parent in a hardcopy 2487
format. 2488
(8) COORDINATED SCREENING AND P ROGRESS MONITORING SYSTEM. — 2489
(c) A Voluntary Prekindergarten Education Program student 2490
who is at risk of being identified as having a substantial 2491
deficiency in early literacy skills, based upon results under 2492
this subsection, must be referred to the school district in 2493
which he or she resides and may be eligible to receive early 2494
literacy instruction and interventions after program completion 2495
and before participating in kindergarten. Such instruction and 2496
interventions may be paid for using funds from the scho ol 2497
district's evidence-based reading instruction allocation in 2498
accordance with s. 1011.62(8) s. 1011.62(9). 2499
Reviser's note.—Paragraph (5)(b) is amended to conform to s. 18, 2500
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ch. 2021-9, Laws of Florida, which renamed the "research -2501
based reading instruction allocation" as the "evidence -2502
based research instruction allocation," and to correct a 2503
cross-reference to conform to the deletion of former s. 2504
1011.62(8) by s. 3, ch. 2021 -44. Paragraphs (5)(d) and (e) 2505
are amended to correct cross -references to conform to t he 2506
addition of a new paragraph (b) by s. 66, ch. 2021 -10, Laws 2507
of Florida. Paragraph (8)(c) is amended to correct a cross -2508
reference to conform to the deletion of former s. 2509
1011.62(8) by s. 3, ch. 2021 -44. 2510
Section 83. Paragraph (b) of subsection (3) of section 2511
1008.30, Florida Statutes, is amended to read: 2512
1008.30 Assessing college -level communication and 2513
computation skills for public postsecondary education. — 2514
(3) The rules adopted under subsection (2) must specify 2515
the following: 2516
(b) A student who is assessed for readiness for college -2517
level computation and communication and computation and whose 2518
assessment results indicate a need for developmental education 2519
must be advised of all the developmental education options 2520
offered at the institution and, af ter advisement, may enroll in 2521
the developmental education option of his or her choice. 2522
Reviser's note.—Amended to conform to ch. 2021 -162, Laws of 2523
Florida, which substituted the words "communication and 2524
computation" for references to the words "computation and 2525
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communication" as those words relate to education. 2526
Section 84. Paragraph (c) of subsection (1) of section 2527
1008.31, Florida Statutes, is amended to read: 2528
1008.31 Florida's Early Learning -20 education performance 2529
accountability system; legislative intent; mission, goals, and 2530
systemwide measures; data quality improvements. — 2531
(1) LEGISLATIVE INTENT. —It is the intent of the 2532
Legislature that: 2533
(c) The Early Learning-20 K-20 education performance 2534
accountability system comply with the requirements of t he "No 2535
Child Left Behind Act of 2001," Pub. L. No. 107 -110, and the 2536
Individuals with Disabilities Education Act (IDEA). 2537
Reviser's note.—Amended to conform to s. 67, ch. 2021 -10, Laws 2538
of Florida, and to provide consistent terminology with the 2539
rest of this section. 2540
Section 85. Paragraph (c) of subsection (5) of section 2541
1008.365, Florida Statutes, is amended to read: 2542
1008.365 Reading Achievement Initiative for Scholastic 2543
Excellence Act.— 2544
(5) The department shall provide progress monitoring data 2545
to regional support teams regarding the implementation of 2546
supports. Such supports must include: 2547
(c) Evaluating a school's improvement plan for alignment 2548
with the school district's K -12 comprehensive reading plan under 2549
s. 1011.62(8)(d) s. 1011.62(9)(d) and the school district's 2550
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allocation of resources as required by s. 1008.25(3)(a). If the 2551
regional support team determines that the school district's 2552
reading plan does not address the school's need to improve 2553
student outcomes, the regional literacy support director , the 2554
district school superintendent, or his or her designee, and the 2555
director of the Just Read, Florida! Office shall convene a 2556
meeting to rectify the deficiencies of the reading plan. 2557
Reviser's note.—Amended to conform to the redesignation of s. 2558
1011.62(9) as s. 1011.62(8) by s. 3, ch. 2021 -44, Laws of 2559
Florida. 2560
Section 86. Paragraph (b) of subsection (14) and paragraph 2561
(a) of subsection (15) of section 1011.62, Florida Statutes, are 2562
amended to read: 2563
1011.62 Funds for operation of schools. —If the annual 2564
allocation from the Florida Education Finance Program to each 2565
district for operation of schools is not determined in the 2566
annual appropriations act or the substantive bill implementing 2567
the annual appropriations act, it shall be determined as 2568
follows: 2569
(14) MENTAL HEALTH ASSISTANCE ALLOCATION. —The mental 2570
health assistance allocation is created to provide funding to 2571
assist school districts in establishing or expanding school -2572
based mental health care; train educators and other school staff 2573
in detecting and responding to mental health issues; and connect 2574
children, youth, and families who may experience behavioral 2575
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health issues with appropriate services. These funds shall be 2576
allocated annually in the General Appropriations Act or other 2577
law to each eligible sc hool district. Each school district shall 2578
receive a minimum of $100,000, with the remaining balance 2579
allocated based on each school district's proportionate share of 2580
the state's total unweighted full -time equivalent student 2581
enrollment. Charter schools that submit a plan separate from the 2582
school district are entitled to a proportionate share of 2583
district funding. The allocated funds may not supplant funds 2584
that are provided for this purpose from other operating funds 2585
and may not be used to increase salaries or provide bonuses. 2586
School districts are encouraged to maximize third -party health 2587
insurance benefits and Medicaid claiming for services, where 2588
appropriate. 2589
(b) The plans required under paragraph (a) must be focused 2590
on a multitiered system of supports to de liver evidence-based 2591
mental health care assessment, diagnosis, intervention, 2592
treatment, and recovery services to students with one or more 2593
mental health or co-occurring substance abuse diagnoses and to 2594
students at high risk of such diagnoses. The provision of these 2595
services must be coordinated with a student's primary mental 2596
health care provider and with other mental health providers 2597
involved in the student's care. At a minimum, the plans must 2598
include the following elements: 2599
1. Direct employment of school -based mental health 2600
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services providers to expand and enhance school -based student 2601
services and to reduce the ratio of students to staff in order 2602
to better align with nationally recommended ratio models. These 2603
providers include, but are not limited to, cer tified school 2604
counselors, school psychologists, school social workers, and 2605
other licensed mental health professionals. The plan also must 2606
identify strategies to increase the amount of time that school -2607
based student services personnel spend providing direct services 2608
to students, which may include the review and revision of 2609
district staffing resource allocations based on school or 2610
student mental health assistance needs. 2611
2. Contracts or interagency agreements with one or more 2612
local community behavioral health providers or providers of 2613
Community Action Team services to provide a behavioral health 2614
staff presence and services at district schools. Services may 2615
include, but are not limited to, mental health screenings and 2616
assessments, individual counseling, f amily counseling, group 2617
counseling, psychiatric or psychological services, trauma -2618
informed care, mobile crisis services, and behavior 2619
modification. These behavioral health services may be provided 2620
on or off the school campus and may be supplemented by 2621
telehealth. 2622
3. Policies and procedures, including contracts with 2623
service providers, which will ensure that students who are 2624
referred to a school -based or community-based mental health 2625
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service provider for mental health screening for the 2626
identification of men tal health concerns and ensure that the 2627
assessment of students at risk for mental health disorders 2628
occurs within 15 days of referral. School -based mental health 2629
services must be initiated within 15 days after identification 2630
and assessment, and support by c ommunity-based mental health 2631
service providers for students who are referred for community -2632
based mental health services must be initiated within 30 days 2633
after the school or district makes a referral. 2634
4. Strategies or programs to reduce the likelihood of at-2635
risk students developing social, emotional, or behavioral health 2636
problems, depression, anxiety disorders, suicidal tendencies, or 2637
substance use disorders. 2638
5. Strategies to improve the early identification of 2639
social, emotional, or behavioral problems o r substance use 2640
disorders, to improve the provision of early intervention 2641
services, and to assist students in dealing with trauma and 2642
violence. 2643
6. Procedures to assist a mental health services provider 2644
or a behavioral health provider as described in subp aragraph 1. 2645
or subparagraph 2., respectively, or a school resource officer 2646
or school safety officer who has completed mental health crisis 2647
intervention training in attempting to verbally de -escalate a 2648
student's crisis situation before initiating an involun tary 2649
examination pursuant to s. 394.463. Such procedures must include 2650
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strategies to de-escalate a crisis situation for a student with 2651
a developmental disability as that term is defined in s. 2652
393.063. 2653
7. Policies of the school district which must require that 2654
in a student crisis situation, school or law enforcement 2655
personnel must make a reasonable attempt to contact a mental 2656
health professional who may initiate an involuntary examination 2657
pursuant to s. 394.463, unless the child poses an imminent 2658
danger to themselves or others, before initiating an involuntary 2659
examination pursuant to s. 394.463. Such contact may be in 2660
person or using telehealth as defined in s. 456.47. The mental 2661
health professional may be available to the school district 2662
either by contracts or interagency agreements with the managing 2663
entity, one or more local community behavioral health providers, 2664
or the local mobile response team or be a direct or contracted 2665
school district employee. 2666
(15) FUNDING COMPRESSION AND HOLD HARMLESS ALLOCATION. —The 2667
Legislature may provide an annual funding compression and hold 2668
harmless allocation in the General Appropriations Act. The 2669
allocation is created to provide additional funding to school 2670
districts if the school district's total funds per FTE in the 2671
prior year were less than the statewide average or if the school 2672
district's district cost differential in the current year is 2673
less than the prior year. The total allocation shall be 2674
distributed to eligible school districts as follows: 2675
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(a) Using the most recent prior year FEFP calculation for 2676
each eligible school district, subtract the total school 2677
district funds per FTE from the state average funds per FTE, not 2678
including any adjustments made pursuant to paragraph (17)(b) 2679
paragraph (19)(b). The resulting funds p er FTE difference, or a 2680
portion thereof, as designated in the General Appropriations 2681
Act, shall then be multiplied by the school district's total 2682
unweighted FTE. 2683
2684
This subsection expires July 1, 2022. 2685
Reviser's note.—Paragraph (14)(b) is amended to improve clarity 2686
and conform to context. Paragraph (15)(a) is amended to 2687
confirm an editorial substitution to conform to the 2688
deletion of former subsections (8) and (11) by s. 3, ch. 2689
2021-44, Laws of Florida. 2690
Section 87. Paragraph (a) of subsection (3) of secti on 2691
1011.802, Florida Statutes, is amended to read: 2692
1011.802 Florida Pathways to Career Opportunities Grant 2693
Program.— 2694
(3)(a) The department shall award grants for 2695
preapprenticeship or apprenticeship programs with demonstrated 2696
regional demand that: 2697
1. Address a critical statewide or regional shortage as 2698
identified by the Labor Market Estimating Conference created in 2699
s. 216.136 and that are industry sectors not adequately 2700
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represented throughout the state, such as health care; 2701
2. Address a critical stat ewide or regional shortage as 2702
identified by the Labor Market Estimating Conference created in 2703
s. 216.136; or 2704
3. Expand existing programs that exceed the median 2705
completion rate and employment rate 1 year after completion of 2706
similar programs in the region, or the state if there are no 2707
similar programs in the region. 2708
Reviser's note.—Amended to confirm an editorial deletion to 2709
improve sentence structure. 2710
Section 88. Subsection (3) of section 1012.976, Florida 2711
Statutes, is amended to read: 2712
1012.976 Remuneration of state university employees; 2713
limitations.— 2714
(3) EXCEPTIONS.—This section does not prohibit any party 2715
from providing cash or cash -equivalent compensation from funds 2716
that are not appropriated state funds to a state university 2717
employee in excess of the limit in subsection (2). If a party is 2718
unable or unwilling to fulfill an obligation to provide cash or 2719
cash-equivalent compensation to a state university employee as 2720
permitted under this subsection, appropriated state funds may 2721
not be used to fulfill such obligation. This section does not 2722
apply to university teaching faculty in instructional programs 2723
classified as Computer Information Sciences and Support 2724
Services; Engineering; Engineering Technologies and Engineering -2725
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Related Fields; Florida Mental Hea lth Institute; Health 2726
Professions and Related Programs; Homeland Security, Law 2727
Enforcement, Firefighting, and Related Fields; Mathematics; 2728
Nursing; or Physical Sciences; or to medical school faculty or 2729
staff. 2730
Reviser's note.—Amended to confirm editorial in sertions to 2731
improve clarity and sentence structure. 2732
Section 89. This act shall take effect on the 60th day 2733
after adjournment sine die of the session of the Legislature in 2734
which enacted. 2735