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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3	3	HB 7013 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb7013-00
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10	10	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
11	11
12	12	A reviser's bill to be entitled 1
13	13	An act relating to the Florida Statutes; repealing ss. 2
14	14	215.5601, 259.105(3)(m), 381.00652, 381.988(11), 3
15	15	400.962(6), 408.036(3)(n), 409.996(27), 1002.39, 4
16	16	1003.52(23), and 1006.33(5), F.S., and amending s. 5
17	17	341.052, F.S., to delete provisions which have become 6
18	18	inoperative by noncurrent repeal or expiration and, 7
19	19	pursuant to s. 11.242(5)(b) and (i), F.S., may be 8
20	20	omitted from the 2023 Florida Statutes o nly through a 9
21	21	reviser's bill duly enacted by the Legislature; and 10
22	22	amending ss. 381.0065, 1002.31, 1002.394, and 11
23	23	1002.421, F.S., to conform to the changes made by this 12
24	24	act; providing an effective date. 13
25	25	14
26	26	Be It Enacted by the Legislature of the State of F lorida: 15
27	27	16
28	28	Section 1. Section 215.5601, Florida Statutes, is 17
29	29	repealed. 18
30	30	Reviser's note.—The cited section, which creates the Lawton 19
31	31	Chiles Endowment Fund, was repealed by s. 5, ch. 2021 -43, 20
32	32	Laws of Florida, effective July 1, 2022. Since the section 21
33	33	was not repealed by a "current session" of the Legislature, 22
34	34	it may be omitted from the 2023 Florida Statutes only 23
35	35	through a reviser's bill duly enacted by the Legislature. 24
36	36	See s. 11.242(5)(b) and (i). 25
37	37
38	38	HB 7013 2023
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40	40
41	41
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43	43	hb7013-00
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45	45	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
46	46
47	47	Section 2. Paragraph (m) of subsection (3) of section 26
48	48	259.105, Florida Statutes, is repealed. 27
49	49	Reviser's note.—The cited paragraph, which authorizes $1,998,100 28
50	50	to the Department of Environmental Protection for grants 29
51	51	pursuant to s. 375.075 for the 2021 -2022 fiscal year only, 30
52	52	expired pursuant to its own terms, eff ective July 1, 2022. 31
53	53	Section 3. Paragraphs (a) and (b) of subsection (3) of 32
54	54	section 341.052, Florida Statutes, are amended to read: 33
55	55	341.052 Public transit block grant program; 34
56	56	administration; eligible projects; limitation. — 35
57	57	(3) The following limita tions shall apply to the use of 36
58	58	public transit block grant program funds: 37
59	59	(a)1. State participation in eligible capital projects 38
60	60	shall be limited to 50 percent of the nonfederal share of such 39
61	61	project costs. 40
62	62	2. For the 2021-2022 fiscal year only, local participation 41
63	63	in eligible capital projects may be less than 50 percent of the 42
64	64	nonfederal share of such project costs. This subparagraph 43
65	65	expires July 1, 2022. 44
66	66	(b)1. State participation in eligible public transit 45
67	67	operating costs may not exceed 50 percent o f such costs or an 46
68	68	amount equal to the total revenue, excluding farebox, charter, 47
69	69	and advertising revenue and federal funds, received by the 48
70	70	provider for operating costs, whichever amount is less. 49
71	71	2. For the 2021-2022 fiscal year only, local participatio n 50
72	72
73	73	HB 7013 2023
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76	76
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80	80	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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82	82	in eligible public transit operating costs may be less than 50 51
83	83	percent of such operating costs. This subparagraph expires July 52
84	84	1, 2022. 53
85	85	Reviser's note.—Amended to conform to the repeal of 54
86	86	subparagraphs (3)(a)2. and (b)2. pursuant to their own 55
87	87	terms, effective July 1, 2022. 56
88	88	Section 4. Section 381.00652, Florida Statutes, is 57
89	89	repealed. 58
90	90	Reviser's note.—The cited section, which creates the onsite 59
91	91	sewage treatment and disposal systems technical advisory 60
92	92	committee, expired pursuant to its own terms, effe ctive 61
93	93	August 15, 2022. 62
94	94	Section 5. Subsection (11) of section 381.988, Florida 63
95	95	Statutes, is repealed. 64
96	96	Reviser's note.—The cited subsection, which relates to rules 65
97	97	adopted under subsection (9) before July 1, 2022, not being 66
98	98	subject to ss. 120.54(3)(b) an d 120.541, expired pursuant 67
99	99	to its own terms, effective July 1, 2022. 68
100	100	Section 6. Subsection (6) of section 400.962, Florida 69
101	101	Statutes, is repealed. 70
102	102	Reviser's note.—The cited subsection, which relates to 71
103	103	demonstration and maintenance of criteria for cert ificate-72
104	104	of-need-exemption under s. 408.306(3)(n) for intermediate 73
105	105	care facilities for developmentally disabled persons, was 74
106	106	repealed by s. 2, ch. 2020 -60, Laws of Florida, and s. 7, 75
107	107
108	108	HB 7013 2023
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110	110
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112	112	CODING: Words stricken are deletions; words underlined are additions.
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115	115	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
116	116
117	117	ch. 2020-71, Laws of Florida, codified as s. 76
118	118	408.036(3)(o)3. in 2020 and s ince redesignated as s. 77
119	119	408.036(3)(n)3., effective July 1, 2022. Since the 78
120	120	subsection was not repealed by a "current session" of the 79
121	121	Legislature, it may be omitted from the 2023 Florida 80
122	122	Statutes only through a reviser's bill duly enacted by the 81
123	123	Legislature. See s. 11.242(5)(b) and (i). 82
124	124	Section 7. Paragraph (n) of subsection (3) of section 83
125	125	408.036, Florida Statutes, is repealed. 84
126	126	Reviser's note.—The cited paragraph, which provides for an 85
127	127	exemption from certificate -of-need requirements for 86
128	128	specified new intermediate care facilities for 87
129	129	developmentally disabled persons, was repealed pursuant to 88
130	130	its own terms, effective July 1, 2022. 89
131	131	Section 8. Subsection (27) of section 409.996, Florida 90
132	132	Statutes, is repealed. 91
133	133	Reviser's note.—The cited subsection, which r equires 92
134	134	implementation of a pilot project in the Sixth and 93
135	135	Thirteenth Judicial Circuits, for the 2020 -2021 and 2021-94
136	136	2022 fiscal years, aimed at improving child welfare 95
137	137	outcomes, expired pursuant to its own terms, effective July 96
138	138	1, 2022. 97
139	139	Section 9. Section 1002.39, Florida Statutes, is repealed. 98
140	140	Reviser's note.—The cited section, which establishes the John M. 99
141	141	McKay Scholarships for Students with Disabilities Program, 100
142	142
143	143	HB 7013 2023
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145	145
146	146
147	147	CODING: Words stricken are deletions; words underlined are additions.
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150	150	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
151	151
152	152	was repealed pursuant to its own terms, effective July 1, 101
153	153	2022. 102
154	154	Section 10. Subsection (23) of section 1003.52, Florida 103
155	155	Statutes, is repealed. 104
156	156	Reviser's note.—The cited subsection, which authorizes the 105
157	157	Department of Juvenile Justice, in consultation with the 106
158	158	Department of Education and for the 2021 -2022 fiscal year, 107
159	159	to evaluate the viabil ity of an alternative model for 108
160	160	providing and funding educational services for youth in 109
161	161	detention and residential facilities, expired pursuant to 110
162	162	its own terms, effective June 1, 2022. 111
163	163	Section 11. Subsection (5) of section 1006.33, Florida 112
164	164	Statutes, is repealed. 113
165	165	Reviser's note.—The cited subsection, which authorizes the 114
166	166	Department of Education to establish timeframes for the 115
167	167	advertisement and submission of bids for instructional 116
168	168	materials for the 2020 adoption cycle, expired pursuant to 117
169	169	its own terms, effective July 1, 2022. 118
170	170	Section 12. Paragraph (e) of subsection (4) of section 119
171	171	381.0065, Florida Statutes, is amended to read: 120
172	172	381.0065 Onsite sewage treatment and disposal systems; 121
173	173	regulation.— 122
174	174	(4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 123
175	175	construct, repair, modify, abandon, or operate an onsite sewage 124
176	176	treatment and disposal system without first obtaining a permit 125
177	177
178	178	HB 7013 2023
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180	180
181	181
182	182	CODING: Words stricken are deletions; words underlined are additions.
183	183	hb7013-00
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185	185	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
186	186
187	187	approved by the department. The department may issue permits to 126
188	188	carry out this section, except that the issuance of a permit fo r 127
189	189	work seaward of the coastal construction control line 128
190	190	established under s. 161.053 shall be contingent upon receipt of 129
191	191	any required coastal construction control line permit from the 130
192	192	department. A construction permit is valid for 18 months after 131
193	193	the date of issuance and may be extended by the department for 132
194	194	one 90-day period under rules adopted by the department. A 133
195	195	repair permit is valid for 90 days after the date of issuance. 134
196	196	An operating permit must be obtained before the use of any 135
197	197	aerobic treatment uni t or if the establishment generates 136
198	198	commercial waste. Buildings or establishments that use an 137
199	199	aerobic treatment unit or generate commercial waste shall be 138
200	200	inspected by the department at least annually to assure 139
201	201	compliance with the terms of the operating pe rmit. The operating 140
202	202	permit for a commercial wastewater system is valid for 1 year 141
203	203	after the date of issuance and must be renewed annually. The 142
204	204	operating permit for an aerobic treatment unit is valid for 2 143
205	205	years after the date of issuance and must be renewe d every 2 144
206	206	years. If all information pertaining to the siting, location, 145
207	207	and installation conditions or repair of an onsite sewage 146
208	208	treatment and disposal system remains the same, a construction 147
209	209	or repair permit for the onsite sewage treatment and disposal 148
210	210	system may be transferred to another person, if the transferee 149
211	211	files, within 60 days after the transfer of ownership, an 150
212	212
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217	217	CODING: Words stricken are deletions; words underlined are additions.
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220	220	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
221	221
222	222	amended application providing all corrected information and 151
223	223	proof of ownership of the property. A fee is not associated with 152
224	224	the processing of this supplemental information. A person may 153
225	225	not contract to construct, modify, alter, repair, service, 154
226	226	abandon, or maintain any portion of an onsite sewage treatment 155
227	227	and disposal system without being registered under part III of 156
228	228	chapter 489. A prope rty owner who personally performs 157
229	229	construction, maintenance, or repairs to a system serving his or 158
230	230	her own owner-occupied single-family residence is exempt from 159
231	231	registration requirements for performing such construction, 160
232	232	maintenance, or repairs on that res idence, but is subject to all 161
233	233	permitting requirements. A municipality or political subdivision 162
234	234	of the state may not issue a building or plumbing permit for any 163
235	235	building that requires the use of an onsite sewage treatment and 164
236	236	disposal system unless the owne r or builder has received a 165
237	237	construction permit for such system from the department. A 166
238	238	building or structure may not be occupied and a municipality, 167
239	239	political subdivision, or any state or federal agency may not 168
240	240	authorize occupancy until the department appr oves the final 169
241	241	installation of the onsite sewage treatment and disposal system. 170
242	242	A municipality or political subdivision of the state may not 171
243	243	approve any change in occupancy or tenancy of a building that 172
244	244	uses an onsite sewage treatment and disposal system u ntil the 173
245	245	department has reviewed the use of the system with the proposed 174
246	246	change, approved the change, and amended the operating permit. 175
247	247
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255	255	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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257	257	(e) The department shall adopt rules relating to the 176
258	258	location of onsite sewage treatment and disposal systems, 177
259	259	including establishing setback distances, to prevent groundwater 178
260	260	contamination and surface water contamination and to preserve 179
261	261	the public health. The rulemaking process for such rules must be 180
262	262	completed by July 1, 2022, and the department shall notify the 181
263	263	Division of Law Revision of the date such rules take effect. The 182
264	264	rules must consider conventional and enhanced nutrient -reducing 183
265	265	onsite sewage treatment and disposal system designs, impaired or 184
266	266	degraded water bodies, domestic wastewater and drinking water 185
267	267	infrastructure, potable water sources, nonpotable wells, 186
268	268	stormwater infrastructure, the onsite sewage treatment and 187
269	269	disposal system remediation plans developed pursuant to s. 188
270	270	403.067(7)(a)9.b., nutrient pollution, and the recommendations 189
271	271	of the onsite sewage treat ment and disposal systems technical 190
272	272	advisory committee established pursuant to former s. 381.00652. 191
273	273	The rules must also allow a person to apply for and receive a 192
274	274	variance from a rule requirement upon demonstration that the 193
275	275	requirement would cause an undue hardship and granting the 194
276	276	variance would not cause or contribute to the exceedance of a 195
277	277	total maximum daily load. 196
278	278	Reviser's note.—Amended to conform to the repeal of s. 381.00652 197
279	279	by this act. 198
280	280	Section 13. Paragraph (f) of subsection (3) of section 199
281	281	1002.31, Florida Statutes, is amended to read: 200
282	282
283	283	HB 7013 2023
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290	290	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
291	291
292	292	1002.31 Controlled open enrollment; public school parental 201
293	293	choice.— 202
294	294	(3) Each district school board shall adopt by rule and 203
295	295	post on its website the process required to participate in 204
296	296	controlled open enrollment. The process must: 205
297	297	(f) Require school districts to provide information on 206
298	298	transportation options, such as: 207
299	299	1. The responsibility of school districts to provide 208
300	300	transportation to another public school pursuant to ss. 1002.38 , 209
301	301	1002.39, and 1002.394. 210
302	302	2. The availability of funds for transportation under ss. 211
303	303	1002.394, 1002.395, and 1011.68. 212
304	304	3. Any other transportation the school district may 213
305	305	provide. 214
306	306	4. Any transportation options available in the community. 215
307	307	Reviser's note.—Amended to conform to the rep eal of s. 1002.39 216
308	308	by this act. 217
309	309	Section 14. Paragraph (b) of subsection (12) of section 218
310	310	1002.394, Florida Statutes, is amended to read: 219
311	311	1002.394 The Family Empowerment Scholarship Program. — 220
312	312	(12) SCHOLARSHIP FUNDING AND PAYMENT. — 221
313	313	(b)1. Scholarships for students determined eligible 222
314	314	pursuant to paragraph (3)(b) are established for up to 26,500 223
315	315	students annually beginning in the 2022 -2023 school year. 224
316	316	Beginning in the 2023 -2024 school year, the maximum number of 225
317	317
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325	325	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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327	327	students participating in the scholarshi p program under this 226
328	328	section shall annually increase by 1.0 percent of the state's 227
329	329	total exceptional student education full -time equivalent student 228
330	330	membership, not including gifted students. An eligible student 229
331	331	who meets any of the following requirements s hall be excluded 230
332	332	from the maximum number of students if the student: 231
333	333	a. Received specialized instructional services under the 232
334	334	Voluntary Prekindergarten Education Program pursuant to s. 233
335	335	1002.66 during the previous school year and the student has a 234
336	336	current IEP developed by the district school board in accordance 235
337	337	with rules of the State Board of Education; 236
338	338	b. Is a dependent child of a law enforcement officer or a 237
339	339	member of the United States Armed Forces, a foster child, or an 238
340	340	adopted child; 239
341	341	c. Spent the prior school year in attendance at a Florida 240
342	342	public school or the Florida School for the Deaf and the Blind. 241
343	343	For purposes of this subparagraph, the term "prior school year 242
344	344	in attendance" means that the student was enrolled and reported 243
345	345	by: 244
346	346	(I) A school district for funding during either the 245
347	347	preceding October or February full -time equivalent student 246
348	348	membership surveys in kindergarten through grade 12, which 247
349	349	includes time spent in a Department of Juvenile Justice 248
350	350	commitment program if funded under the Flori da Education Finance 249
351	351	Program; 250
352	352
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360	360	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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362	362	(II) The Florida School for the Deaf and the Blind during 251
363	363	the preceding October or February full -time equivalent student 252
364	364	membership surveys in kindergarten through grade 12; 253
365	365	(III) A school district for funding during the p receding 254
366	366	October or February full -time equivalent student membership 255
367	367	surveys, was at least 4 years of age when enrolled and reported, 256
368	368	and was eligible for services under s. 1003.21(1)(e); or 257
369	369	(IV) Received a John M. McKay Scholarship for Students 258
370	370	with Disabilities in the 2021 -2022 school year. 259
371	371	2. For a student who has a Level I to Level III matrix of 260
372	372	services or a diagnosis by a physician or psychologist, the 261
373	373	calculated scholarship amount for a student participating in the 262
374	374	program must be based upon the grade level and school district 263
375	375	in which the student would have been enrolled as the total funds 264
376	376	per unweighted full-time equivalent in the Florida Education 265
377	377	Finance Program for a student in the basic exceptional student 266
378	378	education program pursuant to s. 10 11.62(1)(c)1. and (e)1.c., 267
379	379	plus a per full-time equivalent share of funds for all 268
380	380	categorical programs, as funded in the General Appropriations 269
381	381	Act, except that for the exceptional student education 270
382	382	guaranteed allocation, as provided in s. 1011.62(1)(e)1.c . and 271
383	383	2., the funds must be allocated based on the school district's 272
384	384	average exceptional student education guaranteed allocation 273
385	385	funds per exceptional student education full -time equivalent 274
386	386	student. 275
387	387
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395	395	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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397	397	3. For a student with a Level IV or Level V matrix of 276
398	398	services, the calculated scholarship amount must be based upon 277
399	399	the school district to which the student would have been 278
400	400	assigned as the total funds per full -time equivalent for the 279
401	401	Level IV or Level V exceptional student education program 280
402	402	pursuant to s. 1011.62(1)(c)2.a. or b., plus a per -full time 281
403	403	equivalent share of funds for all categorical programs, as 282
404	404	funded in the General Appropriations Act. 283
405	405	4. For a student who received a Gardiner Scholarship 284
406	406	pursuant to former s. 1002.385 in the 2020 -2021 school year, the 285
407	407	amount shall be the greater of the amount calculated pursuant to 286
408	408	subparagraph 2. or the amount the student received for the 2020 -287
409	409	2021 school year. 288
410	410	5. For a student who received a John M. McKay Scholarship 289
411	411	pursuant to former s. 1002.39 in the 2020 -2021 school year, the 290
412	412	amount shall be the greater of the amount calculated pursuant to 291
413	413	subparagraph 2. or the amount the student received for the 2020 -292
414	414	2021 school year. 293
415	415	6. The organization must provide the department with the 294
416	416	documentation necessary to verify the student's participation. 295
417	417	7. Upon receiving the documentation, the department shall 296
418	418	release, from state funds only, the student's scholarship funds 297
419	419	to the organization, to be deposited into the student's account 298
420	420	in four equal amounts no later t han September 1, November 1, 299
421	421	February 1, and April 1 of each school year in which the 300
422	422
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430	430	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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432	432	scholarship is in force. 301
433	433	8. Accrued interest in the student's account is in 302
434	434	addition to, and not part of, the awarded funds. Program funds 303
435	435	include both the awarded fund s and accrued interest. 304
436	436	9. The organization may develop a system for payment of 305
437	437	benefits by funds transfer, including, but not limited to, debit 306
438	438	cards, electronic payment cards, or any other means of payment 307
439	439	which the department deems to be commercially viable or cost-308
440	440	effective. A student's scholarship award may not be reduced for 309
441	441	debit card or electronic payment fees. Commodities or services 310
442	442	related to the development of such a system must be procured by 311
443	443	competitive solicitation unless they are purchased from a state 312
444	444	term contract pursuant to s. 287.056. 313
445	445	10. Moneys received pursuant to this section do not 314
446	446	constitute taxable income to the qualified student or the parent 315
447	447	of the qualified student. 316
448	448	Reviser's note.—Amended to conform to the repeal of s. 1002 .385 317
449	449	by s. 2, ch. 2021-27, Laws of Florida, and the repeal of s. 318
450	450	1002.39 by this act. 319
451	451	Section 15. Paragraph (q) of subsection (1) of section 320
452	452	1002.421, Florida Statutes, is amended to read: 321
453	453	1002.421 State school choice scholarship program 322
454	454	accountability and oversight.— 323
455	455	(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS. —A private 324
456	456	school participating in an educational scholarship program 325
457	457
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465	465	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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467	467	established pursuant to this chapter must be a private school as 326
468	468	defined in s. 1002.01(2) in this state, be registered, and be in 327
469	469	compliance with all requirements of this section in addition to 328
470	470	private school requirements outlined in s. 1002.42, specific 329
471	471	requirements identified within respective scholarship program 330
472	472	laws, and other provisions of Florida law that apply to private 331
473	473	schools, and must: 332
474	474	(q) Provide a report from an independent certified public 333
475	475	accountant who performs the agreed -upon procedures developed 334
476	476	pursuant to s. 1002.395(6)(o) if the private school receives 335
477	477	more than $250,000 in funds from schol arships awarded under this 336
478	478	chapter in a state fiscal year. A private school subject to this 337
479	479	subsection must annually submit the report by September 15 to 338
480	480	the scholarship-funding organization that awarded the majority 339
481	481	of the school's scholarship funds. However, a school that 340
482	482	receives more than $250,000 in scholarship funds only through 341
483	483	the John M. McKay Scholarship for Students with Disabilities 342
484	484	Program pursuant to s. 1002.39 must submit the annual report by 343
485	485	September 15 to the department. The agreed-upon procedures must 344
486	486	be conducted in accordance with attestation standards 345
487	487	established by the American Institute of Certified Public 346
488	488	Accountants. 347
489	489	348
490	490	The department shall suspend the payment of funds to a private 349
491	491	school that knowingly fails to comply with this subse ction, and 350
492	492
493	493	HB 7013 2023
494	494
495	495
496	496
497	497	CODING: Words stricken are deletions; words underlined are additions.
498	498	hb7013-00
499	499	Page 15 of 15
500	500	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
501	501
502	502	shall prohibit the school from enrolling new scholarship 351
503	503	students, for 1 fiscal year and until the school complies. If a 352
504	504	private school fails to meet the requirements of this subsection 353
505	505	or has consecutive years of material exceptions listed in t he 354
506	506	report required under paragraph (q), the commissioner may 355
507	507	determine that the private school is ineligible to participate 356
508	508	in a scholarship program. 357
509	509	Reviser's note.—Amended to conform to the repeal of s. 1002.39 358
510	510	by this act. 359
511	511	Section 16. This act shall take effect on the 60th day 360
512	512	after adjournment sine die of the session of the Legislature in 361
513	513	which enacted. 362