Florida 2023 Regular Session

Florida House Bill H7013 Latest Draft

Bill / Introduced Version Filed 02/23/2023

                                
    
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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repealed. 18 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Chiles Endowment Fund, was repealed by s. 5, ch. 2021 -43, 20 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was not repealed by a "current session" of the Legislature, 22 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259.105, Florida Statutes, is repealed. 27 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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 (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