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repealed. 18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Chiles Endowment Fund, was repealed by s. 5, ch. 2021 -43, 20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was not repealed by a "current session" of the Legislature, 22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259.105, Florida Statutes, is repealed. 27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