Florida 2023 Regular Session

Florida House Bill H7013 Compare Versions

Only one version of the bill is available at this time.
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1010 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
1111
1212 A reviser's bill to be entitled 1
1313 An act relating to the Florida Statutes; repealing ss. 2
1414 215.5601, 259.105(3)(m), 381.00652, 381.988(11), 3
1515 400.962(6), 408.036(3)(n), 409.996(27), 1002.39, 4
1616 1003.52(23), and 1006.33(5), F.S., and amending s. 5
1717 341.052, F.S., to delete provisions which have become 6
1818 inoperative by noncurrent repeal or expiration and, 7
1919 pursuant to s. 11.242(5)(b) and (i), F.S., may be 8
2020 omitted from the 2023 Florida Statutes o nly through a 9
2121 reviser's bill duly enacted by the Legislature; and 10
2222 amending ss. 381.0065, 1002.31, 1002.394, and 11
2323 1002.421, F.S., to conform to the changes made by this 12
2424 act; providing an effective date. 13
2525 14
2626 Be It Enacted by the Legislature of the State of F lorida: 15
2727 16
2828 Section 1. Section 215.5601, Florida Statutes, is 17
2929 repealed. 18
3030 Reviser's note.—The cited section, which creates the Lawton 19
3131 Chiles Endowment Fund, was repealed by s. 5, ch. 2021 -43, 20
3232 Laws of Florida, effective July 1, 2022. Since the section 21
3333 was not repealed by a "current session" of the Legislature, 22
3434 it may be omitted from the 2023 Florida Statutes only 23
3535 through a reviser's bill duly enacted by the Legislature. 24
3636 See s. 11.242(5)(b) and (i). 25
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4545 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
4646
4747 Section 2. Paragraph (m) of subsection (3) of section 26
4848 259.105, Florida Statutes, is repealed. 27
4949 Reviser's note.—The cited paragraph, which authorizes $1,998,100 28
5050 to the Department of Environmental Protection for grants 29
5151 pursuant to s. 375.075 for the 2021 -2022 fiscal year only, 30
5252 expired pursuant to its own terms, eff ective July 1, 2022. 31
5353 Section 3. Paragraphs (a) and (b) of subsection (3) of 32
5454 section 341.052, Florida Statutes, are amended to read: 33
5555 341.052 Public transit block grant program; 34
5656 administration; eligible projects; limitation. — 35
5757 (3) The following limita tions shall apply to the use of 36
5858 public transit block grant program funds: 37
5959 (a)1. State participation in eligible capital projects 38
6060 shall be limited to 50 percent of the nonfederal share of such 39
6161 project costs. 40
6262 2. For the 2021-2022 fiscal year only, local participation 41
6363 in eligible capital projects may be less than 50 percent of the 42
6464 nonfederal share of such project costs. This subparagraph 43
6565 expires July 1, 2022. 44
6666 (b)1. State participation in eligible public transit 45
6767 operating costs may not exceed 50 percent o f such costs or an 46
6868 amount equal to the total revenue, excluding farebox, charter, 47
6969 and advertising revenue and federal funds, received by the 48
7070 provider for operating costs, whichever amount is less. 49
7171 2. For the 2021-2022 fiscal year only, local participatio n 50
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8080 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
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8282 in eligible public transit operating costs may be less than 50 51
8383 percent of such operating costs. This subparagraph expires July 52
8484 1, 2022. 53
8585 Reviser's note.—Amended to conform to the repeal of 54
8686 subparagraphs (3)(a)2. and (b)2. pursuant to their own 55
8787 terms, effective July 1, 2022. 56
8888 Section 4. Section 381.00652, Florida Statutes, is 57
8989 repealed. 58
9090 Reviser's note.—The cited section, which creates the onsite 59
9191 sewage treatment and disposal systems technical advisory 60
9292 committee, expired pursuant to its own terms, effe ctive 61
9393 August 15, 2022. 62
9494 Section 5. Subsection (11) of section 381.988, Florida 63
9595 Statutes, is repealed. 64
9696 Reviser's note.—The cited subsection, which relates to rules 65
9797 adopted under subsection (9) before July 1, 2022, not being 66
9898 subject to ss. 120.54(3)(b) an d 120.541, expired pursuant 67
9999 to its own terms, effective July 1, 2022. 68
100100 Section 6. Subsection (6) of section 400.962, Florida 69
101101 Statutes, is repealed. 70
102102 Reviser's note.—The cited subsection, which relates to 71
103103 demonstration and maintenance of criteria for cert ificate-72
104104 of-need-exemption under s. 408.306(3)(n) for intermediate 73
105105 care facilities for developmentally disabled persons, was 74
106106 repealed by s. 2, ch. 2020 -60, Laws of Florida, and s. 7, 75
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115115 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
116116
117117 ch. 2020-71, Laws of Florida, codified as s. 76
118118 408.036(3)(o)3. in 2020 and s ince redesignated as s. 77
119119 408.036(3)(n)3., effective July 1, 2022. Since the 78
120120 subsection was not repealed by a "current session" of the 79
121121 Legislature, it may be omitted from the 2023 Florida 80
122122 Statutes only through a reviser's bill duly enacted by the 81
123123 Legislature. See s. 11.242(5)(b) and (i). 82
124124 Section 7. Paragraph (n) of subsection (3) of section 83
125125 408.036, Florida Statutes, is repealed. 84
126126 Reviser's note.—The cited paragraph, which provides for an 85
127127 exemption from certificate -of-need requirements for 86
128128 specified new intermediate care facilities for 87
129129 developmentally disabled persons, was repealed pursuant to 88
130130 its own terms, effective July 1, 2022. 89
131131 Section 8. Subsection (27) of section 409.996, Florida 90
132132 Statutes, is repealed. 91
133133 Reviser's note.—The cited subsection, which r equires 92
134134 implementation of a pilot project in the Sixth and 93
135135 Thirteenth Judicial Circuits, for the 2020 -2021 and 2021-94
136136 2022 fiscal years, aimed at improving child welfare 95
137137 outcomes, expired pursuant to its own terms, effective July 96
138138 1, 2022. 97
139139 Section 9. Section 1002.39, Florida Statutes, is repealed. 98
140140 Reviser's note.—The cited section, which establishes the John M. 99
141141 McKay Scholarships for Students with Disabilities Program, 100
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150150 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
151151
152152 was repealed pursuant to its own terms, effective July 1, 101
153153 2022. 102
154154 Section 10. Subsection (23) of section 1003.52, Florida 103
155155 Statutes, is repealed. 104
156156 Reviser's note.—The cited subsection, which authorizes the 105
157157 Department of Juvenile Justice, in consultation with the 106
158158 Department of Education and for the 2021 -2022 fiscal year, 107
159159 to evaluate the viabil ity of an alternative model for 108
160160 providing and funding educational services for youth in 109
161161 detention and residential facilities, expired pursuant to 110
162162 its own terms, effective June 1, 2022. 111
163163 Section 11. Subsection (5) of section 1006.33, Florida 112
164164 Statutes, is repealed. 113
165165 Reviser's note.—The cited subsection, which authorizes the 114
166166 Department of Education to establish timeframes for the 115
167167 advertisement and submission of bids for instructional 116
168168 materials for the 2020 adoption cycle, expired pursuant to 117
169169 its own terms, effective July 1, 2022. 118
170170 Section 12. Paragraph (e) of subsection (4) of section 119
171171 381.0065, Florida Statutes, is amended to read: 120
172172 381.0065 Onsite sewage treatment and disposal systems; 121
173173 regulation.— 122
174174 (4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 123
175175 construct, repair, modify, abandon, or operate an onsite sewage 124
176176 treatment and disposal system without first obtaining a permit 125
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185185 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
186186
187187 approved by the department. The department may issue permits to 126
188188 carry out this section, except that the issuance of a permit fo r 127
189189 work seaward of the coastal construction control line 128
190190 established under s. 161.053 shall be contingent upon receipt of 129
191191 any required coastal construction control line permit from the 130
192192 department. A construction permit is valid for 18 months after 131
193193 the date of issuance and may be extended by the department for 132
194194 one 90-day period under rules adopted by the department. A 133
195195 repair permit is valid for 90 days after the date of issuance. 134
196196 An operating permit must be obtained before the use of any 135
197197 aerobic treatment uni t or if the establishment generates 136
198198 commercial waste. Buildings or establishments that use an 137
199199 aerobic treatment unit or generate commercial waste shall be 138
200200 inspected by the department at least annually to assure 139
201201 compliance with the terms of the operating pe rmit. The operating 140
202202 permit for a commercial wastewater system is valid for 1 year 141
203203 after the date of issuance and must be renewed annually. The 142
204204 operating permit for an aerobic treatment unit is valid for 2 143
205205 years after the date of issuance and must be renewe d every 2 144
206206 years. If all information pertaining to the siting, location, 145
207207 and installation conditions or repair of an onsite sewage 146
208208 treatment and disposal system remains the same, a construction 147
209209 or repair permit for the onsite sewage treatment and disposal 148
210210 system may be transferred to another person, if the transferee 149
211211 files, within 60 days after the transfer of ownership, an 150
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220220 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
221221
222222 amended application providing all corrected information and 151
223223 proof of ownership of the property. A fee is not associated with 152
224224 the processing of this supplemental information. A person may 153
225225 not contract to construct, modify, alter, repair, service, 154
226226 abandon, or maintain any portion of an onsite sewage treatment 155
227227 and disposal system without being registered under part III of 156
228228 chapter 489. A prope rty owner who personally performs 157
229229 construction, maintenance, or repairs to a system serving his or 158
230230 her own owner-occupied single-family residence is exempt from 159
231231 registration requirements for performing such construction, 160
232232 maintenance, or repairs on that res idence, but is subject to all 161
233233 permitting requirements. A municipality or political subdivision 162
234234 of the state may not issue a building or plumbing permit for any 163
235235 building that requires the use of an onsite sewage treatment and 164
236236 disposal system unless the owne r or builder has received a 165
237237 construction permit for such system from the department. A 166
238238 building or structure may not be occupied and a municipality, 167
239239 political subdivision, or any state or federal agency may not 168
240240 authorize occupancy until the department appr oves the final 169
241241 installation of the onsite sewage treatment and disposal system. 170
242242 A municipality or political subdivision of the state may not 171
243243 approve any change in occupancy or tenancy of a building that 172
244244 uses an onsite sewage treatment and disposal system u ntil the 173
245245 department has reviewed the use of the system with the proposed 174
246246 change, approved the change, and amended the operating permit. 175
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255255 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
256256
257257 (e) The department shall adopt rules relating to the 176
258258 location of onsite sewage treatment and disposal systems, 177
259259 including establishing setback distances, to prevent groundwater 178
260260 contamination and surface water contamination and to preserve 179
261261 the public health. The rulemaking process for such rules must be 180
262262 completed by July 1, 2022, and the department shall notify the 181
263263 Division of Law Revision of the date such rules take effect. The 182
264264 rules must consider conventional and enhanced nutrient -reducing 183
265265 onsite sewage treatment and disposal system designs, impaired or 184
266266 degraded water bodies, domestic wastewater and drinking water 185
267267 infrastructure, potable water sources, nonpotable wells, 186
268268 stormwater infrastructure, the onsite sewage treatment and 187
269269 disposal system remediation plans developed pursuant to s. 188
270270 403.067(7)(a)9.b., nutrient pollution, and the recommendations 189
271271 of the onsite sewage treat ment and disposal systems technical 190
272272 advisory committee established pursuant to former s. 381.00652. 191
273273 The rules must also allow a person to apply for and receive a 192
274274 variance from a rule requirement upon demonstration that the 193
275275 requirement would cause an undue hardship and granting the 194
276276 variance would not cause or contribute to the exceedance of a 195
277277 total maximum daily load. 196
278278 Reviser's note.—Amended to conform to the repeal of s. 381.00652 197
279279 by this act. 198
280280 Section 13. Paragraph (f) of subsection (3) of section 199
281281 1002.31, Florida Statutes, is amended to read: 200
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290290 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
291291
292292 1002.31 Controlled open enrollment; public school parental 201
293293 choice.— 202
294294 (3) Each district school board shall adopt by rule and 203
295295 post on its website the process required to participate in 204
296296 controlled open enrollment. The process must: 205
297297 (f) Require school districts to provide information on 206
298298 transportation options, such as: 207
299299 1. The responsibility of school districts to provide 208
300300 transportation to another public school pursuant to ss. 1002.38 , 209
301301 1002.39, and 1002.394. 210
302302 2. The availability of funds for transportation under ss. 211
303303 1002.394, 1002.395, and 1011.68. 212
304304 3. Any other transportation the school district may 213
305305 provide. 214
306306 4. Any transportation options available in the community. 215
307307 Reviser's note.—Amended to conform to the rep eal of s. 1002.39 216
308308 by this act. 217
309309 Section 14. Paragraph (b) of subsection (12) of section 218
310310 1002.394, Florida Statutes, is amended to read: 219
311311 1002.394 The Family Empowerment Scholarship Program. — 220
312312 (12) SCHOLARSHIP FUNDING AND PAYMENT. — 221
313313 (b)1. Scholarships for students determined eligible 222
314314 pursuant to paragraph (3)(b) are established for up to 26,500 223
315315 students annually beginning in the 2022 -2023 school year. 224
316316 Beginning in the 2023 -2024 school year, the maximum number of 225
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325325 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
326326
327327 students participating in the scholarshi p program under this 226
328328 section shall annually increase by 1.0 percent of the state's 227
329329 total exceptional student education full -time equivalent student 228
330330 membership, not including gifted students. An eligible student 229
331331 who meets any of the following requirements s hall be excluded 230
332332 from the maximum number of students if the student: 231
333333 a. Received specialized instructional services under the 232
334334 Voluntary Prekindergarten Education Program pursuant to s. 233
335335 1002.66 during the previous school year and the student has a 234
336336 current IEP developed by the district school board in accordance 235
337337 with rules of the State Board of Education; 236
338338 b. Is a dependent child of a law enforcement officer or a 237
339339 member of the United States Armed Forces, a foster child, or an 238
340340 adopted child; 239
341341 c. Spent the prior school year in attendance at a Florida 240
342342 public school or the Florida School for the Deaf and the Blind. 241
343343 For purposes of this subparagraph, the term "prior school year 242
344344 in attendance" means that the student was enrolled and reported 243
345345 by: 244
346346 (I) A school district for funding during either the 245
347347 preceding October or February full -time equivalent student 246
348348 membership surveys in kindergarten through grade 12, which 247
349349 includes time spent in a Department of Juvenile Justice 248
350350 commitment program if funded under the Flori da Education Finance 249
351351 Program; 250
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360360 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
361361
362362 (II) The Florida School for the Deaf and the Blind during 251
363363 the preceding October or February full -time equivalent student 252
364364 membership surveys in kindergarten through grade 12; 253
365365 (III) A school district for funding during the p receding 254
366366 October or February full -time equivalent student membership 255
367367 surveys, was at least 4 years of age when enrolled and reported, 256
368368 and was eligible for services under s. 1003.21(1)(e); or 257
369369 (IV) Received a John M. McKay Scholarship for Students 258
370370 with Disabilities in the 2021 -2022 school year. 259
371371 2. For a student who has a Level I to Level III matrix of 260
372372 services or a diagnosis by a physician or psychologist, the 261
373373 calculated scholarship amount for a student participating in the 262
374374 program must be based upon the grade level and school district 263
375375 in which the student would have been enrolled as the total funds 264
376376 per unweighted full-time equivalent in the Florida Education 265
377377 Finance Program for a student in the basic exceptional student 266
378378 education program pursuant to s. 10 11.62(1)(c)1. and (e)1.c., 267
379379 plus a per full-time equivalent share of funds for all 268
380380 categorical programs, as funded in the General Appropriations 269
381381 Act, except that for the exceptional student education 270
382382 guaranteed allocation, as provided in s. 1011.62(1)(e)1.c . and 271
383383 2., the funds must be allocated based on the school district's 272
384384 average exceptional student education guaranteed allocation 273
385385 funds per exceptional student education full -time equivalent 274
386386 student. 275
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395395 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
396396
397397 3. For a student with a Level IV or Level V matrix of 276
398398 services, the calculated scholarship amount must be based upon 277
399399 the school district to which the student would have been 278
400400 assigned as the total funds per full -time equivalent for the 279
401401 Level IV or Level V exceptional student education program 280
402402 pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 281
403403 equivalent share of funds for all categorical programs, as 282
404404 funded in the General Appropriations Act. 283
405405 4. For a student who received a Gardiner Scholarship 284
406406 pursuant to former s. 1002.385 in the 2020 -2021 school year, the 285
407407 amount shall be the greater of the amount calculated pursuant to 286
408408 subparagraph 2. or the amount the student received for the 2020 -287
409409 2021 school year. 288
410410 5. For a student who received a John M. McKay Scholarship 289
411411 pursuant to former s. 1002.39 in the 2020 -2021 school year, the 290
412412 amount shall be the greater of the amount calculated pursuant to 291
413413 subparagraph 2. or the amount the student received for the 2020 -292
414414 2021 school year. 293
415415 6. The organization must provide the department with the 294
416416 documentation necessary to verify the student's participation. 295
417417 7. Upon receiving the documentation, the department shall 296
418418 release, from state funds only, the student's scholarship funds 297
419419 to the organization, to be deposited into the student's account 298
420420 in four equal amounts no later t han September 1, November 1, 299
421421 February 1, and April 1 of each school year in which the 300
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430430 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
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432432 scholarship is in force. 301
433433 8. Accrued interest in the student's account is in 302
434434 addition to, and not part of, the awarded funds. Program funds 303
435435 include both the awarded fund s and accrued interest. 304
436436 9. The organization may develop a system for payment of 305
437437 benefits by funds transfer, including, but not limited to, debit 306
438438 cards, electronic payment cards, or any other means of payment 307
439439 which the department deems to be commercially viable or cost-308
440440 effective. A student's scholarship award may not be reduced for 309
441441 debit card or electronic payment fees. Commodities or services 310
442442 related to the development of such a system must be procured by 311
443443 competitive solicitation unless they are purchased from a state 312
444444 term contract pursuant to s. 287.056. 313
445445 10. Moneys received pursuant to this section do not 314
446446 constitute taxable income to the qualified student or the parent 315
447447 of the qualified student. 316
448448 Reviser's note.—Amended to conform to the repeal of s. 1002 .385 317
449449 by s. 2, ch. 2021-27, Laws of Florida, and the repeal of s. 318
450450 1002.39 by this act. 319
451451 Section 15. Paragraph (q) of subsection (1) of section 320
452452 1002.421, Florida Statutes, is amended to read: 321
453453 1002.421 State school choice scholarship program 322
454454 accountability and oversight.— 323
455455 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 324
456456 school participating in an educational scholarship program 325
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465465 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
466466
467467 established pursuant to this chapter must be a private school as 326
468468 defined in s. 1002.01(2) in this state, be registered, and be in 327
469469 compliance with all requirements of this section in addition to 328
470470 private school requirements outlined in s. 1002.42, specific 329
471471 requirements identified within respective scholarship program 330
472472 laws, and other provisions of Florida law that apply to private 331
473473 schools, and must: 332
474474 (q) Provide a report from an independent certified public 333
475475 accountant who performs the agreed -upon procedures developed 334
476476 pursuant to s. 1002.395(6)(o) if the private school receives 335
477477 more than $250,000 in funds from schol arships awarded under this 336
478478 chapter in a state fiscal year. A private school subject to this 337
479479 subsection must annually submit the report by September 15 to 338
480480 the scholarship-funding organization that awarded the majority 339
481481 of the school's scholarship funds. However, a school that 340
482482 receives more than $250,000 in scholarship funds only through 341
483483 the John M. McKay Scholarship for Students with Disabilities 342
484484 Program pursuant to s. 1002.39 must submit the annual report by 343
485485 September 15 to the department. The agreed-upon procedures must 344
486486 be conducted in accordance with attestation standards 345
487487 established by the American Institute of Certified Public 346
488488 Accountants. 347
489489 348
490490 The department shall suspend the payment of funds to a private 349
491491 school that knowingly fails to comply with this subse ction, and 350
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500500 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
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502502 shall prohibit the school from enrolling new scholarship 351
503503 students, for 1 fiscal year and until the school complies. If a 352
504504 private school fails to meet the requirements of this subsection 353
505505 or has consecutive years of material exceptions listed in t he 354
506506 report required under paragraph (q), the commissioner may 355
507507 determine that the private school is ineligible to participate 356
508508 in a scholarship program. 357
509509 Reviser's note.—Amended to conform to the repeal of s. 1002.39 358
510510 by this act. 359
511511 Section 16. This act shall take effect on the 60th day 360
512512 after adjournment sine die of the session of the Legislature in 361
513513 which enacted. 362