Florida Senate - 2023 SB 32 By Senator Mayfield 19-01965-23 202332__ 1 A revisers bill to be entitled 2 An act relating to the Florida Statutes; amending ss. 3 8.0001, 10.201, 11.45, 14.2019, 16.71, 16.713, 16.715, 4 20.03, 22.03, 23.21, 24.103, 28.2457, 39.0016, 39.101, 5 44.1011, 45.011, 61.046, 83.43, 83.803, 90.5015, 6 90.801, 97.021, 98.065, 101.019, 101.292, 101.69, 7 106.08, 110.123, 110.501, 112.044, 112.0455, 112.061, 8 112.19, 112.26, 112.3144, 112.3187, 112.352, 112.353, 9 112.361, 112.625, 116.34, 121.021, 121.051, 125.0104, 10 125.488, 159.47, 163.32051, 166.0484, 175.261, 11 185.221, 205.022, 215.5551, 216.011, 251.001, 252.35, 12 282.319, 287.012, 287.057, 288.101, 288.9625, 290.007, 13 295.0185, 295.061, 322.051, 322.21, 327.371, 327.4108, 14 331.303, 331.3101, 332.0075, 337.023, 348.0305, 15 373.0363, 377.814, 379.2273, 381.00319, 381.0065, 16 383.145, 394.4573, 394.459, 394.9086, 395.1041, 17 395.1065, 400.141, 401.23, 409.1465, 409.147, 18 409.1664, 409.2557, 409.2564, 409.912, 414.1251, 19 415.102, 440.02, 440.14, 440.151, 440.385, 440.525, 20 455.32, 456.048, 456.076, 468.603, 471.038, 491.003, 21 491.0045, 491.009, 497.260, 550.002, 550.01215, 22 550.2625, 553.895, 560.141, 624.36, 626.321, 626.9891, 23 695.031, 705.101, 718.501, 719.501, 720.304, 741.313, 24 744.2111, 766.105, 768.28, 796.07, 815.062, 907.044, 25 943.10, 943.13, 946.502, 951.23, 960.0021, 961.06, 26 985.26, 1000.21, 1001.11, 1001.60, 1002.01, 1002.20, 27 1002.3105, 1002.33, 1002.37, 1002.394, 1002.42, 28 1002.43, 1002.455, 1003.01, 1003.03, 1003.21, 1003.26, 29 1003.4282, 1003.485, 1003.52, 1003.573, 1003.575, 30 1004.22, 1004.43, 1004.447, 1004.648, 1004.6496, 31 1004.65, 1004.79, 1006.0626, 1006.07, 1006.1493, 32 1006.28, 1006.73, 1007.33, 1008.24, 1008.47, 1009.21, 33 1009.286, 1009.89, 1009.895, and 1012.2315, F.S.; 34 deleting provisions that have expired, have become 35 obsolete, have had their effect, have served their 36 purpose, or have been impliedly repealed or 37 superseded; replacing incorrect cross-references and 38 citations; correcting grammatical, typographical, and 39 like errors; removing inconsistencies, redundancies, 40 and unnecessary repetition in the statutes; and 41 improving the clarity of the statutes and facilitating 42 their correct interpretation; providing effective 43 dates. 44 45 Be It Enacted by the Legislature of the State of Florida: 46 47 Section 1.Paragraph (b) of subsection (2) of section 48 8.0001, Florida Statutes, is amended to read: 49 8.0001Definitions.In accordance with s. 8(a), Art. X of 50 the State Constitution, the United States Decennial Census of 51 2020 is the official census of the state for the purposes of 52 congressional redistricting. 53 (2)As used in this chapter, the term: 54 (b)Block equivalency file describes a list of all blocks 55 within the state and the congressional district number 56 designated for each block. Blocks are listed by a 15-character 57 number that combines the five-character county-level Federal 58 Information Processing Standards (FIPS) code, the six-character 59 tract number with leading zeros and an implied decimal, the 60 single-character block group number, and the three-character 61 block number. 62 Revisers note.Amended to confirm an editorial insertion to 63 conform to the complete name of the standards and 64 guidelines for federal computer systems that are developed 65 by the National Institute of Standards and Technology. 66 Section 2.Paragraph (b) of subsection (3) of section 67 10.201, Florida Statutes, is amended to read: 68 10.201Official census for apportionment; definitions. 69 (3)As used in this joint resolution, the term: 70 (b)Block equivalency file describes a list of all blocks 71 within the state and the representative or senatorial district 72 number designated for each block. Blocks are listed by a 15 73 character number that combines the five-character county-level 74 Federal Information Processing Standards System (FIPS) code, the 75 six-character tract number with leading zeros and an implied 76 decimal, the single-character block group number, and the three 77 character block number. 78 Revisers note.Amended to confirm an editorial substitution to 79 conform to the correct name of the standards and guidelines 80 for federal computer systems that are developed by the 81 National Institute of Standards and Technology. 82 Section 3.Paragraph (k) of subsection (2) of section 83 11.45, Florida Statutes, is amended to read: 84 11.45Definitions; duties; authorities; reports; rules. 85 (2)DUTIES.The Auditor General shall: 86 (k)Contact each district school board, as defined in s. 87 1003.01(7) 1003.01(1), with the findings and recommendations 88 contained within the Auditor Generals previous operational 89 audit report. The district school board shall provide the 90 Auditor General with evidence of the initiation of corrective 91 action within 45 days after the date it is requested by the 92 Auditor General and evidence of completion of corrective action 93 within 180 days after the date it is requested by the Auditor 94 General. If the district school board fails to comply with the 95 Auditor Generals request or is unable to take corrective action 96 within the required timeframe, the Auditor General shall notify 97 the Legislative Auditing Committee. 98 99 The Auditor General shall perform his or her duties 100 independently but under the general policies established by the 101 Legislative Auditing Committee. This subsection does not limit 102 the Auditor Generals discretionary authority to conduct other 103 audits or engagements of governmental entities as authorized in 104 subsection (3). 105 Revisers note.Amended to conform to the reordering of 106 definitions in s. 1003.01 by this act. 107 Section 4.Subsection (5) of section 14.2019, Florida 108 Statutes, is amended to read: 109 14.2019Statewide Office for Suicide Prevention. 110 (5)The First Responders Suicide Deterrence Task Force, a 111 task force as defined in s. 20.03(5) 20.03(8), is created 112 adjunct to the Statewide Office for Suicide Prevention. 113 (a)The purpose of the task force is to make 114 recommendations on how to reduce the incidence of suicide and 115 attempted suicide among employed or retired first responders in 116 the state. 117 (b)The task force is composed of a representative of the 118 statewide office and a representative of each of the following 119 first responder organizations, nominated by the organization and 120 appointed by the Secretary of Children and Families: 121 1.The Florida Professional Firefighters Association. 122 2.The Florida Police Benevolent Association. 123 3.The Florida State Lodge of the Fraternal Order of 124 Police. 125 4.The Florida Sheriffs Association. 126 5.The Florida Police Chiefs Association. 127 6.The Florida Fire Chiefs Association. 128 (c)The task force shall elect a chair from among its 129 membership. Except as otherwise provided, the task force shall 130 operate in a manner consistent with s. 20.052. 131 (d)The task force shall identify or make recommendations 132 on developing training programs and materials that would better 133 enable first responders to cope with personal life stressors and 134 stress related to their profession and foster an organizational 135 culture that: 136 1.Promotes mutual support and solidarity among active and 137 retired first responders. 138 2.Trains agency supervisors and managers to identify 139 suicidal risk among active and retired first responders. 140 3.Improves the use and awareness of existing resources 141 among active and retired first responders. 142 4.Educates active and retired first responders on suicide 143 awareness and help-seeking. 144 (e)The task force shall identify state and federal public 145 resources, funding and grants, first responder association 146 resources, and private resources to implement identified 147 training programs and materials. 148 (f)The task force shall report on its findings and 149 recommendations for training programs and materials to deter 150 suicide among active and retired first responders to the 151 Governor, the President of the Senate, and the Speaker of the 152 House of Representatives by each July 1, beginning in 2021, and 153 through 2023. 154 (g)This subsection is repealed July 1, 2023. 155 Revisers note.The introductory paragraph to subsection (5) is 156 amended to conform to the reordering of definitions in s. 157 20.03 by this act. Paragraph (f) is amended to delete 158 obsolete language. 159 Section 5.Paragraph (b) of subsection (3) of section 160 16.71, Florida Statutes, is amended to read: 161 16.71Florida Gaming Control Commission; creation; 162 meetings; membership. 163 (3)REQUIREMENTS FOR APPOINTMENT; PROHIBITIONS. 164 (b)The Governor may not solicit or request any 165 nominations, recommendations, or communications about potential 166 candidates for appointment to the commission from: 167 1.Any person that holds a permit or license issued under 168 chapter 550, or a license issued under chapter 551 or chapter 169 849; an officer, official, or employee of such permitholder or 170 licensee; or an ultimate equitable owner, as defined in s. 171 550.002(37) 550.002(36), of such permitholder or licensee; 172 2.Any officer, official, employee, or other person with 173 duties or responsibilities relating to a gaming operation owned 174 by an Indian tribe that has a valid and active compact with the 175 state; a contractor or subcontractor of such tribe or an entity 176 employed, licensed, or contracted by such tribe; or an ultimate 177 equitable owner, as defined in s. 550.002(37) 550.002(36), of 178 such entity; or 179 3.Any registered lobbyist for the executive or legislative 180 branch who represents any person or entity identified in 181 subparagraph 1. or subparagraph 2. 182 Revisers note.Amended to conform to the reordering of 183 definitions in s. 550.002 by this act. 184 Section 6.Paragraphs (a) and (b) of subsection (2) of 185 section 16.713, Florida Statutes, are amended to read: 186 16.713Florida Gaming Control Commission; appointment and 187 employment restrictions. 188 (2)PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 189 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE 190 COMMISSION. 191 (a)A person may not, for the 2 years immediately preceding 192 the date of appointment to or employment with the commission and 193 while appointed to or employed with the commission: 194 1.Hold a permit or license issued under chapter 550 or a 195 license issued under chapter 551 or chapter 849; be an officer, 196 official, or employee of such permitholder or licensee; or be an 197 ultimate equitable owner, as defined in s. 550.002(37) 198 550.002(36), of such permitholder or licensee; 199 2.Be an officer, official, employee, or other person with 200 duties or responsibilities relating to a gaming operation owned 201 by an Indian tribe that has a valid and active compact with the 202 state; be a contractor or subcontractor of such tribe or an 203 entity employed, licensed, or contracted by such tribe; or be an 204 ultimate equitable owner, as defined in s. 550.002(37) 205 550.002(36), of such entity; 206 3.Be a registered lobbyist for the executive or 207 legislative branch, except while a commissioner or employee of 208 the commission when officially representing the commission or 209 unless the person registered as a lobbyist for the executive or 210 legislative branch while employed by a state agency as defined 211 in s. 110.107 during the normal course of his or her employment 212 with such agency and he or she has not lobbied on behalf of any 213 entity other than a state agency during the 2 years immediately 214 preceding the date of his or her appointment to or employment 215 with the commission; or 216 4.Be a bingo game operator or an employee of a bingo game 217 operator. 218 (b)A person is ineligible for appointment to or employment 219 with the commission if, within the 2 years immediately preceding 220 such appointment or employment, he or she violated paragraph (a) 221 or solicited or accepted employment with, acquired any direct or 222 indirect interest in, or had any direct or indirect business 223 association, partnership, or financial relationship with, or is 224 a relative of: 225 1.Any person or entity who is an applicant, licensee, or 226 registrant with the commission; or 227 2.Any officer, official, employee, or other person with 228 duties or responsibilities relating to a gaming operation owned 229 by an Indian tribe that has a valid and active compact with the 230 state; any contractor or subcontractor of such tribe or an 231 entity employed, licensed, or contracted by such tribe; or any 232 ultimate equitable owner, as defined in s. 550.002(37) 233 550.002(36), of such entity. 234 235 For the purposes of this subsection, the term relative means a 236 spouse, father, mother, son, daughter, grandfather, grandmother, 237 brother, sister, uncle, aunt, cousin, nephew, niece, father-in 238 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 239 sister-in-law, stepfather, stepmother, stepson, stepdaughter, 240 stepbrother, stepsister, half-brother, or half-sister. 241 Revisers note.Amended to conform to the reordering of 242 definitions in s. 550.002 by this act. 243 Section 7.Paragraphs (b) and (c) of subsection (2) of 244 section 16.715, Florida Statutes, are amended to read: 245 16.715Florida Gaming Control Commission standards of 246 conduct; ex parte communications. 247 (2)FORMER COMMISSIONERS AND EMPLOYEES. 248 (b)A commissioner may not, for the 2 years immediately 249 following the date of resignation or termination from the 250 commission: 251 1.Hold a permit or license issued under chapter 550, or a 252 license issued under chapter 551 or chapter 849; be an officer, 253 official, or employee of such permitholder or licensee; or be an 254 ultimate equitable owner, as defined in s. 550.002(37) 255 550.002(36), of such permitholder or licensee; 256 2.Accept employment by or compensation from a business 257 entity that, directly or indirectly, owns or controls a person 258 regulated by the commission; from a person regulated by the 259 commission; from a business entity which, directly or 260 indirectly, is an affiliate or subsidiary of a person regulated 261 by the commission; or from a business entity or trade 262 association that has been a party to a commission proceeding 263 within the 2 years preceding the members resignation or 264 termination of service on the commission; or 265 3.Be a bingo game operator or an employee of a bingo game 266 operator. 267 (c)A person employed by the commission may not, for the 2 268 years immediately following the date of termination or 269 resignation from employment with the commission: 270 1.Hold a permit or license issued under chapter 550, or a 271 license issued under chapter 551 or chapter 849; be an officer, 272 official, or employee of such permitholder or licensee; or be an 273 ultimate equitable owner, as defined in s. 550.002(37) 274 550.002(36), of such permitholder or licensee; or 275 2.Be a bingo game operator or an employee of a bingo game 276 operator. 277 Revisers note.Amended to conform to the reordering of 278 definitions in s. 550.002 by this act. 279 Section 8.Subsections (1) through (6) and (8) through (12) 280 of section 20.03, Florida Statutes, are reordered and amended to 281 read: 282 20.03Definitions.To provide uniform nomenclature 283 throughout the structure of the executive branch, the following 284 definitions apply: 285 (3)(1)Cabinet means collectively the Attorney General, 286 the Chief Financial Officer, and the Commissioner of 287 Agriculture, as specified in s. 4, Art. IV of the State 288 Constitution. 289 (8)(2)Department means the principal administrative unit 290 within the executive branch of state government. 291 (9)(3)Examining and licensing board means a board 292 authorized to grant and revoke licenses to engage in regulated 293 occupations. 294 (11)(4)Head of the department means the individual under 295 whom or the board under which direct administration of the 296 department is placed by statute. Where direct administration of 297 a department is placed under an officer or board appointed by 298 and serving at the pleasure of the Governor, that officer or 299 board remains subject to the Governors supervision and 300 direction. 301 (12)(5)Secretary means an individual who is appointed by 302 the Governor to head a department and who is not otherwise named 303 in the State Constitution. 304 (10)(6)Executive director means the chief administrative 305 employee or officer of a department headed by a board or by the 306 Governor and the Cabinet. 307 (5)(8)Committee or task force means an advisory body 308 created without specific statutory enactment for a time not to 309 exceed 1 year or created by specific statutory enactment for a 310 time not to exceed 3 years and appointed to study a specific 311 problem and recommend a solution or policy alternative with 312 respect to that problem. Its existence terminates upon the 313 completion of its assignment. 314 (6)(9)Coordinating council means an interdepartmental 315 advisory body created by law to coordinate programs and 316 activities for which one department has primary responsibility 317 but in which one or more other departments have an interest. 318 (4)(10)Commission, unless otherwise required by the 319 State Constitution, means a body created by specific statutory 320 enactment within a department, the office of the Governor, or 321 the Executive Office of the Governor and exercising limited 322 quasi-legislative or quasi-judicial powers, or both, 323 independently of the head of the department or the Governor. 324 (1)(11)Agency, as the context requires, means an 325 official, officer, commission, authority, council, committee, 326 department, division, bureau, board, section, or another unit or 327 entity of government. 328 (2)(12)Board of trustees, except with reference to the 329 board created in chapter 253, means a board created by specific 330 statutory enactment and appointed to function adjunctively to a 331 department, the Governor, or the Executive Office of the 332 Governor to administer public property or a public program. 333 Revisers note.Amended to place the definitions of the section 334 in alphabetical order. 335 Section 9.Subsections (1), (4), and (5) of section 22.03, 336 Florida Statutes, are reordered and amended to read: 337 22.03Definitions.Unless otherwise clearly required by the 338 context, as used in ss. 22.01-22.10: 339 (5)(1)Unavailable means either that a vacancy in office 340 exists or that the lawful incumbent of the office is absent or 341 unable to exercise the powers and discharge the duties of the 342 office. 343 (1)(4)Attack means any attack or series of attacks by an 344 enemy of the United States causing, or which may cause, 345 substantial damage or injury to civilian property or persons in 346 the United States in any manner by sabotage or by the use of 347 bombs, missiles, shellfire, or atomic, radiological, chemical, 348 bacteriological, or biological means or other weapons or 349 processes. 350 (4)(5)Political subdivision includes counties, cities, 351 towns, villages, townships, districts, authorities, and other 352 public corporations and entities whether organized and existing 353 under charter or general law. 354 Revisers note.Amended to place the definitions of the section 355 in alphabetical order. 356 Section 10.Section 23.21, Florida Statutes, is reordered 357 and amended to read: 358 23.21Definitions.For purposes of this part: 359 (2)(1)Department means a principal administrative unit 360 within the executive branch of state government as defined in 361 chapter 20 and includes the State Board of Administration, the 362 Executive Office of the Governor, the Fish and Wildlife 363 Conservation Commission, the Florida Commission on Offender 364 Review, the Agency for Health Care Administration, the State 365 Board of Education, the Board of Governors of the State 366 University System, the Justice Administrative Commission, the 367 capital collateral regional counsel, and separate budget 368 entities placed for administrative purposes within a department. 369 (3)(2)Paperwork burden means the resources expended by 370 the entity providing information. Resources may include the 371 time, effort, or financial expenditure associated with reviewing 372 the instructions; acquiring, installing, and using technology to 373 obtain, compile, or report the information; searching data 374 sources; completing and reviewing the collected information; or 375 transmitting the required information to the requesting 376 department. 377 (1)(3)Collect information means the obtaining, causing 378 to be obtained, soliciting, or requiring the disclosure to third 379 parties of facts or opinions by or for a department, regardless 380 of form or format, calling for answers to identical questions 381 posed to, or identical reporting or recordkeeping requirements 382 imposed on, 10 or more persons, other than departments or 383 employees of this state. 384 Revisers note.Amended to place the definitions of the section 385 in alphabetical order. 386 Section 11.Subsections (2), (4), and (5) of section 387 24.103, Florida Statutes, are reordered and amended to read: 388 24.103Definitions.As used in this act: 389 (5)(2)Secretary means the secretary of the department. 390 (2)(4)Major procurement means a procurement for a 391 contract for the printing of tickets for use in any lottery 392 game, consultation services for the startup of the lottery, any 393 goods or services involving the official recording for lottery 394 game play purposes of a players selections in any lottery game 395 involving player selections, any goods or services involving the 396 receiving of a players selection directly from a player in any 397 lottery game involving player selections, any goods or services 398 involving the drawing, determination, or generation of winners 399 in any lottery game, the security report services provided for 400 in this act, or any goods and services relating to marketing and 401 promotion which exceed a value of $25,000. 402 (4)(5)Retailer means a person who sells lottery tickets 403 on behalf of the department pursuant to a contract. 404 Revisers note.Amended to place the definitions of the section 405 in alphabetical order. 406 Section 12.Subsection (2) of section 28.2457, Florida 407 Statutes, is amended to read: 408 28.2457Mandatory monetary assessments. 409 (2)The clerks of the circuit court must collaborate with 410 the state courts through the Florida Courts Technology 411 Commission to prepare a plan to procure or develop a statewide 412 electronic solution that will accurately identify all 413 assessments mandated by statute. The plan must, at a minimum, 414 address operational, technological, and fiscal considerations 415 related to implementation of the electronic solution. The clerks 416 must submit the plan to the President of the Senate and the 417 Speaker of the House of Representatives by January 1, 2022. 418 Revisers note.Amended to delete an obsolete provision; the 419 referenced plan was submitted on January 1, 2022. 420 Section 13.Paragraph (b) of subsection (3) of section 421 39.0016, Florida Statutes, is amended to read: 422 39.0016Education of abused, neglected, and abandoned 423 children; agency agreements; children having or suspected of 424 having a disability. 425 (3)CHILDREN HAVING OR SUSPECTED OF HAVING A DISABILITY. 426 (b)1.Each district school superintendent or dependency 427 court must appoint a surrogate parent for a child known to the 428 department who has or is suspected of having a disability, as 429 defined in s. 1003.01(9) 1003.01(3), when: 430 a.After reasonable efforts, no parent can be located; or 431 b.A court of competent jurisdiction over a child under 432 this chapter has determined that no person has the authority 433 under the Individuals with Disabilities Education Act, including 434 the parent or parents subject to the dependency action, or that 435 no person has the authority, willingness, or ability to serve as 436 the educational decisionmaker for the child without judicial 437 action. 438 2.A surrogate parent appointed by the district school 439 superintendent or the court must be at least 18 years old and 440 have no personal or professional interest that conflicts with 441 the interests of the student to be represented. Neither the 442 district school superintendent nor the court may appoint an 443 employee of the Department of Education, the local school 444 district, a community-based care provider, the Department of 445 Children and Families, or any other public or private agency 446 involved in the education or care of the child as appointment of 447 those persons is prohibited by federal law. This prohibition 448 includes group home staff and therapeutic foster parents. 449 However, a person who acts in a parental role to a child, such 450 as a foster parent or relative caregiver, is not prohibited from 451 serving as a surrogate parent if he or she is employed by such 452 agency, willing to serve, and knowledgeable about the child and 453 the exceptional student education process. The surrogate parent 454 may be a court-appointed guardian ad litem or a relative or 455 nonrelative adult who is involved in the childs life regardless 456 of whether that person has physical custody of the child. Each 457 person appointed as a surrogate parent must have the knowledge 458 and skills acquired by successfully completing training using 459 materials developed and approved by the Department of Education 460 to ensure adequate representation of the child. 461 3.If a guardian ad litem has been appointed for a child, 462 the district school superintendent must first consider the 463 childs guardian ad litem when appointing a surrogate parent. 464 The district school superintendent must accept the appointment 465 of the court if he or she has not previously appointed a 466 surrogate parent. Similarly, the court must accept a surrogate 467 parent duly appointed by a district school superintendent. 468 4.A surrogate parent appointed by the district school 469 superintendent or the court must be accepted by any subsequent 470 school or school district without regard to where the child is 471 receiving residential care so that a single surrogate parent can 472 follow the education of the child during his or her entire time 473 in state custody. Nothing in this paragraph or in rule shall 474 limit or prohibit the continuance of a surrogate parent 475 appointment when the responsibility for the students 476 educational placement moves among and between public and private 477 agencies. 478 5.For a child known to the department, the responsibility 479 to appoint a surrogate parent resides with both the district 480 school superintendent and the court with jurisdiction over the 481 child. If the court elects to appoint a surrogate parent, notice 482 shall be provided as soon as practicable to the childs school. 483 At any time the court determines that it is in the best 484 interests of a child to remove a surrogate parent, the court may 485 appoint a new surrogate parent for educational decisionmaking 486 purposes for that child. 487 6.The surrogate parent shall continue in the appointed 488 role until one of the following occurs: 489 a.The child is determined to no longer be eligible or in 490 need of special programs, except when termination of special 491 programs is being contested. 492 b.The child achieves permanency through adoption or legal 493 guardianship and is no longer in the custody of the department. 494 c.The parent who was previously unknown becomes known, 495 whose whereabouts were unknown is located, or who was 496 unavailable is determined by the court to be available. 497 d.The appointed surrogate no longer wishes to represent 498 the child or is unable to represent the child. 499 e.The superintendent of the school district in which the 500 child is attending school, the Department of Education contract 501 designee, or the court that appointed the surrogate determines 502 that the appointed surrogate parent no longer adequately 503 represents the child. 504 f.The child moves to a geographic location that is not 505 reasonably accessible to the appointed surrogate. 506 7.The appointment and termination of appointment of a 507 surrogate under this paragraph shall be entered as an order of 508 the court with a copy of the order provided to the childs 509 school as soon as practicable. 510 8.The person appointed as a surrogate parent under this 511 paragraph must: 512 a.Be acquainted with the child and become knowledgeable 513 about his or her disability and educational needs. 514 b.Represent the child in all matters relating to 515 identification, evaluation, and educational placement and the 516 provision of a free and appropriate education to the child. 517 c.Represent the interests and safeguard the rights of the 518 child in educational decisions that affect the child. 519 9.The responsibilities of the person appointed as a 520 surrogate parent shall not extend to the care, maintenance, 521 custody, residential placement, or any other area not 522 specifically related to the education of the child, unless the 523 same person is appointed by the court for such other purposes. 524 10.A person appointed as a surrogate parent shall enjoy 525 all of the procedural safeguards afforded a parent with respect 526 to the identification, evaluation, and educational placement of 527 a student with a disability or a student who is suspected of 528 having a disability. 529 11.A person appointed as a surrogate parent shall not be 530 held liable for actions taken in good faith on behalf of the 531 student in protecting the special education rights of the child. 532 Revisers note.Amended to conform to the reordering of 533 definitions in s. 1003.01 by this act. 534 Section 14.Paragraph (f) of subsection (3) of section 535 39.101, Florida Statutes, is amended to read: 536 39.101Central abuse hotline.The central abuse hotline is 537 the first step in the safety assessment and investigation 538 process. 539 (3)COLLECTION OF INFORMATION AND DATA.The department 540 shall: 541 (f)1.Collect and analyze child-on-child sexual abuse 542 reports and include such information in the aggregate 543 statistical reports. 544 2.Collect and analyze, in separate statistical reports, 545 those reports of child abuse, sexual abuse, and juvenile sexual 546 abuse which are reported from or which occurred on or at: 547 a.School premises; 548 b.School transportation; 549 c.School-sponsored off-campus events; 550 d.A school readiness program provider determined to be 551 eligible under s. 1002.88; 552 e.A private prekindergarten provider or a public school 553 prekindergarten provider, as those terms are defined in s. 554 1002.51(7) and (8), respectively; 555 f.A public K-12 school as described in s. 1000.04; 556 g.A private school as defined in s. 1002.01; 557 h.A Florida College System institution or a state 558 university, as those terms are defined in s. 1000.21(5) and (8) 559 1000.21(3) and (6), respectively; or 560 i.A school, as defined in s. 1005.02. 561 Revisers note.Amended to conform to the reordering of 562 definitions in s. 1000.21 by this act. 563 Section 15.Paragraphs (d) and (e) of subsection (2) of 564 section 44.1011, Florida Statutes, are reordered and amended to 565 read: 566 44.1011Definitions.As used in this chapter: 567 (2)Mediation means a process whereby a neutral third 568 person called a mediator acts to encourage and facilitate the 569 resolution of a dispute between two or more parties. It is an 570 informal and nonadversarial process with the objective of 571 helping the disputing parties reach a mutually acceptable and 572 voluntary agreement. In mediation, decisionmaking authority 573 rests with the parties. The role of the mediator includes, but 574 is not limited to, assisting the parties in identifying issues, 575 fostering joint problem solving, and exploring settlement 576 alternatives. Mediation includes: 577 (e)(d)Family mediation which means mediation of family 578 matters, including married and unmarried persons, before and 579 after judgments involving dissolution of marriage; property 580 division; shared or sole parental responsibility; or child 581 support, custody, and visitation involving emotional or 582 financial considerations not usually present in other circuit 583 civil cases. Negotiations in family mediation are primarily 584 conducted by the parties. Counsel for each party may attend the 585 mediation conference and privately communicate with their 586 clients. However, presence of counsel is not required, and, in 587 the discretion of the mediator, and with the agreement of the 588 parties, mediation may proceed in the absence of counsel unless 589 otherwise ordered by the court. 590 (d)(e)Dependency or in need of services mediation, which 591 means mediation of dependency, child in need of services, or 592 family in need of services matters. Negotiations in dependency 593 or in need of services mediation are primarily conducted by the 594 parties. Counsel for each party may attend the mediation 595 conference and privately communicate with their clients. 596 However, presence of counsel is not required and, in the 597 discretion of the mediator and with the agreement of the 598 parties, mediation may proceed in the absence of counsel unless 599 otherwise ordered by the court. 600 Revisers note.Amended to place the definitions in paragraphs 601 (d) and (e) in alphabetical order. 602 Section 16.Section 45.011, Florida Statutes, is amended to 603 read: 604 45.011Definitions.In all statutes about practice and 605 procedure: 606 (1)Bond with surety means a bond with two good and 607 sufficient sureties, each with unencumbered property not subject 608 to any exemption afforded by law equal in value to the penal sum 609 of the bond or a bond with a licensed surety company as surety 610 or a cash deposit conditioned as for a bond. 611 (2)Defendant means any party against whom relief as 612 referenced in subsection (3) is sought. 613 (3)Plaintiff means any party seeking affirmative relief 614 whether plaintiff, counterclaimant, cross-claimant; or third 615 party plaintiff, counterclaimant or cross-claimant.; defendant 616 means any party against whom such relief is sought; bond with 617 surety means a bond with two good and sufficient sureties, each 618 with unencumbered property not subject to any exemption afforded 619 by law equal in value to the penal sum of the bond or a bond 620 with a licensed surety company as surety or a cash deposit 621 conditioned as for a bond. 622 Revisers note.Amended to place the definitions of the section 623 in alphabetical order, to conform language in subsection 624 (2) to the reordering of the definitions, and to improve 625 the structure of the section. 626 Section 17.Subsections (21) and (22) of section 61.046, 627 Florida Statutes, are reordered and amended to read: 628 61.046Definitions.As used in this chapter, the term: 629 (22)(21)Support order means a judgment, decree, or 630 order, whether temporary or final, issued by a court of 631 competent jurisdiction or administrative agency for the support 632 and maintenance of a child which provides for monetary support, 633 health care, arrearages, or past support. When the child support 634 obligation is being enforced by the Department of Revenue, the 635 term support order also means a judgment, decree, or order, 636 whether temporary or final, issued by a court of competent 637 jurisdiction for the support and maintenance of a child and the 638 spouse or former spouse of the obligor with whom the child is 639 living which provides for monetary support, health care, 640 arrearages, or past support. 641 (21)(22)Support, unless otherwise specified, means: 642 (a)Child support and, when the child support obligation is 643 being enforced by the Department of Revenue, spousal support or 644 alimony for the spouse or former spouse of the obligor with whom 645 the child is living. 646 (b)Child support only in cases not being enforced by the 647 Department of Revenue. 648 Revisers note.Amended to place the definitions in subsections 649 (21) and (22) in alphabetical order. 650 Section 18.Subsections (1) through (13) and (15) through 651 (17) of section 83.43, Florida Statutes, are reordered and 652 amended to read: 653 83.43Definitions.As used in this part, the following 654 words and terms shall have the following meanings unless some 655 other meaning is plainly indicated: 656 (3)(1)Building, housing, and health codes means any law, 657 ordinance, or governmental regulation concerning health, safety, 658 sanitation or fitness for habitation, or the construction, 659 maintenance, operation, occupancy, use, or appearance, of any 660 dwelling unit. 661 (5)(2)Dwelling unit means: 662 (a)A structure or part of a structure that is rented for 663 use as a home, residence, or sleeping place by one person or by 664 two or more persons who maintain a common household. 665 (b)A mobile home rented by a tenant. 666 (c)A structure or part of a structure that is furnished, 667 with or without rent, as an incident of employment for use as a 668 home, residence, or sleeping place by one or more persons. 669 (8)(3)Landlord means the owner or lessor of a dwelling 670 unit. 671 (16)(4)Tenant means any person entitled to occupy a 672 dwelling unit under a rental agreement. 673 (10)(5)Premises means a dwelling unit and the structure 674 of which it is a part and a mobile home lot and the appurtenant 675 facilities and grounds, areas, facilities, and property held out 676 for the use of tenants generally. 677 (11)(6)Rent means the periodic payments due the landlord 678 from the tenant for occupancy under a rental agreement and any 679 other payments due the landlord from the tenant as may be 680 designated as rent in a written rental agreement. 681 (12)(7)Rental agreement means any written agreement, 682 including amendments or addenda, or oral agreement for a 683 duration of less than 1 year, providing for use and occupancy of 684 premises. 685 (7)(8)Good faith means honesty in fact in the conduct or 686 transaction concerned. 687 (2)(9)Advance rent means moneys paid to the landlord to 688 be applied to future rent payment periods, but does not include 689 rent paid in advance for a current rent payment period. 690 (17)(10)Transient occupancy means occupancy when it is 691 the intention of the parties that the occupancy will be 692 temporary. 693 (4)(11)Deposit money means any money held by the 694 landlord on behalf of the tenant, including, but not limited to, 695 damage deposits, security deposits, advance rent deposit, pet 696 deposit, or any contractual deposit agreed to between landlord 697 and tenant either in writing or orally. 698 (13)(12)Security deposits means any moneys held by the 699 landlord as security for the performance of the rental 700 agreement, including, but not limited to, monetary damage to the 701 landlord caused by the tenants breach of lease prior to the 702 expiration thereof. 703 (9)(13)Legal holiday means holidays observed by the 704 clerk of the court. 705 (1)(15)Active duty shall have the same meaning as 706 provided in s. 250.01. 707 (15)(16)State active duty shall have the same meaning as 708 provided in s. 250.01. 709 (6)(17)Early termination fee means any charge, fee, or 710 forfeiture that is provided for in a written rental agreement 711 and is assessed to a tenant when a tenant elects to terminate 712 the rental agreement, as provided in the agreement, and vacates 713 a dwelling unit before the end of the rental agreement. An early 714 termination fee does not include: 715 (a)Unpaid rent and other accrued charges through the end 716 of the month in which the landlord retakes possession of the 717 dwelling unit. 718 (b)Charges for damages to the dwelling unit. 719 (c)Charges associated with a rental agreement settlement, 720 release, buyout, or accord and satisfaction agreement. 721 Revisers note.Amended to place the definitions of the section 722 in alphabetical order. 723 Section 19.Section 83.803, Florida Statutes, is reordered 724 and amended to read: 725 83.803Definitions.As used in ss. 83.801-83.809: 726 (5)(1)Self-service storage facility means any real 727 property designed and used for the purpose of renting or leasing 728 individual storage space to tenants who are to have access to 729 such space for the purpose of storing and removing personal 730 property. No individual storage space may be used for 731 residential purposes. A self-service storage facility is not a 732 warehouse as that term is used in chapter 677. If an owner 733 issues any warehouse receipt, bill of lading, or other document 734 of title for the personal property stored, the owner and the 735 tenant shall be subject to the provisions of chapter 677, and 736 the provisions of this act shall not apply. 737 (4)(2)Self-contained storage unit means any unit not 738 less than 200 cubic feet in size, including, but not limited to, 739 a trailer, box, or other shipping container, which is leased by 740 a tenant primarily for use as storage space whether the unit is 741 located at a facility owned or operated by the owner or at 742 another location designated by the tenant. 743 (2)(3)Owner means the owner, operator, lessor, or 744 sublessor of a self-service storage facility or self-contained 745 storage unit or his or her agent or any other person authorized 746 by him or her to manage the facility or to receive rent from a 747 tenant under a rental agreement. 748 (6)(4)Tenant means a person or the persons sublessee, 749 successor, or assign entitled to the use of storage space at a 750 self-service storage facility or in a self-contained unit, under 751 a rental agreement, to the exclusion of others. 752 (3)(5)Rental agreement means any agreement or lease 753 which establishes or modifies terms, conditions, rules, or any 754 other provisions concerning the use and occupancy of a self 755 service storage facility or use of a self-contained storage 756 unit. 757 (1)(6)Last known address means the street address or 758 post office box address provided by the tenant in the latest 759 rental agreement or in a subsequent written change-of-address 760 notice provided by hand delivery, first-class mail, or e-mail. 761 Revisers note.Amended to place the definitions of the section 762 in alphabetical order. 763 Section 20.Subsection (1) of section 90.5015, Florida 764 Statutes, is reordered and amended to read: 765 90.5015Journalists privilege. 766 (1)DEFINITIONS.For purposes of this section, the term: 767 (b)(a)Professional journalist means a person regularly 768 engaged in collecting, photographing, recording, writing, 769 editing, reporting, or publishing news, for gain or livelihood, 770 who obtained the information sought while working as a salaried 771 employee of, or independent contractor for, a newspaper, news 772 journal, news agency, press association, wire service, radio or 773 television station, network, or news magazine. Book authors and 774 others who are not professional journalists, as defined in this 775 paragraph, are not included in the provisions of this section. 776 (a)(b)News means information of public concern relating 777 to local, statewide, national, or worldwide issues or events. 778 Revisers note.Amended to place the definitions in subsection 779 (1) in alphabetical order. 780 Section 21.Subsection (1) of section 90.801, Florida 781 Statutes, is reordered and amended to read: 782 90.801Hearsay; definitions; exceptions. 783 (1)The following definitions apply under this chapter: 784 (c)(a)A statement is: 785 1.An oral or written assertion; or 786 2.Nonverbal conduct of a person if it is intended by the 787 person as an assertion. 788 (a)(b)A declarant is a person who makes a statement. 789 (b)(c)Hearsay is a statement, other than one made by the 790 declarant while testifying at the trial or hearing, offered in 791 evidence to prove the truth of the matter asserted. 792 Revisers note.Amended to place the definitions in subsection 793 (1) in alphabetical order. 794 Section 22.Subsection (6) of section 97.021, Florida 795 Statutes, is reordered and amended to read: 796 97.021Definitions.For the purposes of this code, except 797 where the context clearly indicates otherwise, the term: 798 (6)Ballot or official ballot when used in reference 799 to: 800 (b)(a)Marksense ballots means that printed sheet of 801 paper, used in conjunction with an electronic or 802 electromechanical vote tabulation voting system, containing the 803 names of candidates, or a statement of proposed constitutional 804 amendments or other questions or propositions submitted to the 805 electorate at any election, on which sheet of paper an elector 806 casts his or her vote. 807 (a)(b)Electronic or electromechanical devices means a 808 ballot that is voted by the process of electronically 809 designating, including by touchscreen, or marking with a marking 810 device for tabulation by automatic tabulating equipment or data 811 processing equipment. 812 Revisers note.Amended to place the definitions in subsection 813 (6) in alphabetical order. 814 Section 23.Subsection (3) of section 98.065, Florida 815 Statutes, is amended to read: 816 98.065Registration list maintenance programs. 817 (3)Address confirmation requests sent pursuant to 818 paragraph (2)(a) and mail sent pursuant to paragraph (2)(b) (b) 819 must be addressed to the voters address of legal residence, not 820 including voters temporarily residing outside the county and 821 registered in the precinct designated by the supervisor pursuant 822 to s. 101.045(1). If a request is returned as undeliverable, any 823 other notification sent to the voter pursuant to subsection (5) 824 or s. 98.0655 must be addressed to the voters mailing address 825 on file, if any. 826 Revisers note.Amended to correct a cross-reference. The 827 reference to paragraph (b) was added by s. 8, ch. 2022-73, 828 Laws of Florida; subsection (3) does not contain 829 paragraphs. Paragraph (2)(b), which relates to identifying 830 change-of-address information from returned nonforwardable 831 return-if-undeliverable mail sent to registered voters in a 832 county, appears to be relevant. 833 Section 24.Subsection (1) of section 101.019, Florida 834 Statutes, is amended to read: 835 101.019Ranked-choice voting prohibited. 836 (1)A ranked-choice voting method that allows voters to 837 rank candidates for an office in order of preference and has 838 ballots cast to be tabulated in multiple rounds following the 839 elimination of a candidate until a single candidate attains a 840 majority may not be used in determining the election or 841 nomination of any candidate to any local, state, or federal 842 elective office in this state. 843 Revisers note.Amended to confirm an editorial insertion to 844 improve clarity. 845 Section 25.Subsections (2) and (3) of section 101.292, 846 Florida Statutes, are reordered and amended to read: 847 101.292Definitions; ss. 101.292-101.295.As used in ss. 848 101.292-101.295, the following terms shall have the following 849 meanings: 850 (3)(2)Voting equipment means electronic or 851 electromechanical voting systems, voting devices, and automatic 852 tabulating equipment as defined in s. 101.5603, as well as 853 materials, parts, or other equipment necessary for the operation 854 and maintenance of such systems and devices, the individual or 855 combined retail value of which is in excess of the threshold 856 amount for CATEGORY TWO purchases provided in s. 287.017. 857 (2)(3)Purchase means a contract for the purchase, lease, 858 rental, or other acquisition of voting equipment. 859 Revisers note.Amended to place the definitions in subsections 860 (2) and (3) in alphabetical order. 861 Section 26.Paragraph (a) of subsection (2) of section 862 101.69, Florida Statutes, is amended to read: 863 101.69Voting in person; return of vote-by-mail ballot. 864 (2)(a)The supervisor shall allow an elector who has 865 received a vote-by-mail ballot to physically return a voted 866 vote-by-mail ballot to the supervisor by placing the return mail 867 envelope containing his or her marked ballot in a secure ballot 868 intake station. Secure ballot intake stations shall be placed at 869 the main office of the supervisor, at each permanent branch 870 office of the supervisor which meets the criteria set forth in 871 s. 101.657(1)(a) for branch offices used for early voting and 872 which is open for at least the minimum number amount of hours 873 prescribed by s. 98.015(4), and at each early voting site. 874 Secure ballot intake stations may also be placed at any other 875 site that would otherwise qualify as an early voting site under 876 s. 101.657(1). Secure ballot intake stations must be 877 geographically located so as to provide all voters in the county 878 with an equal opportunity to cast a ballot, insofar as is 879 practicable. Except for secure ballot intake stations at an 880 office of the supervisor, a secure ballot intake station may 881 only be used during the countys early voting hours of operation 882 and must be monitored in person by an employee of the 883 supervisors office. A secure ballot intake station at an office 884 of the supervisor must be continuously monitored in person by an 885 employee of the supervisors office when the secure ballot 886 intake station is accessible for deposit of ballots. 887 Revisers note.Amended to confirm an editorial insertion to 888 improve clarity and an editorial substitution to conform to 889 context. 890 Section 27.Paragraph (a) of subsection (12) of section 891 106.08, Florida Statutes, is amended to read: 892 106.08Contributions; limitations on. 893 (12)(a)1.For purposes of this subsection, the term 894 foreign national means: 895 a.A foreign government; 896 b.A foreign political party; 897 c.A foreign corporation, partnership, association, 898 organization, or other combination of persons organized under 899 the laws of or having its principal place of business in a 900 foreign country; 901 d.A person with foreign citizenship; or 902 e.A person who is not a citizen or national of the United 903 States and is not lawfully admitted to the United States for 904 permanent residence. 905 2.The term does not include: 906 a.A person who is a dual citizen or dual national of the 907 United States and a foreign country. 908 b.A domestic subsidiary of a foreign corporation, 909 partnership, association, organization, or other combination of 910 persons organized under the laws of or having its principal 911 place of business in a foreign country if: 912 (I)The donations and disbursements used toward a 913 contribution or an expenditure are derived entirely from funds 914 generated by the subsidiarys operations in the United States; 915 and 916 (II)All decisions concerning donations and disbursements 917 used toward a contribution or an expenditure are made by 918 individuals who either hold United States citizenship or are 919 permanent residents of the United States. For purposes of this 920 sub-sub-subparagraph, decisions concerning donations and 921 disbursements do not include decisions regarding the 922 subsidiarys overall budget for contributions or expenditures in 923 connection with an election. 924 Revisers note.Amended to confirm an editorial insertion to 925 improve clarity. 926 Section 28.Paragraphs (k), (l), and (n) through (p) of 927 subsection (2) of section 110.123, Florida Statutes, are 928 reordered and amended to read: 929 110.123State group insurance program. 930 (2)DEFINITIONS.As used in ss. 110.123-110.1239, the term: 931 (l)(k)State agency or agency means any branch, 932 department, or agency of state government. State agency or 933 agency includes any state university and the Division of 934 Rehabilitation and Liquidation for purposes of this section 935 only. 936 (k)(l)Seasonal workers has the same meaning as provided 937 under 29 C.F.R. s. 500.20(s)(1). 938 (p)(n)State-contracted HMO means any health maintenance 939 organization under contract with the department to participate 940 in the state group insurance program. 941 (n)(o)State group insurance program or programs means 942 the package of insurance plans offered to state officers and 943 employees, retired state officers and employees, eligible former 944 employees, and surviving spouses of deceased state officers, 945 employees, and eligible former employees under this section, 946 including the state group health insurance plan or plans, health 947 maintenance organization plans, TRICARE supplemental insurance 948 plans, and other plans required or authorized by law. 949 (o)(p)State officer means any constitutional state 950 officer, any elected state officer paid by state warrant, or any 951 appointed state officer who is commissioned by the Governor and 952 who is paid by state warrant. 953 Revisers note.Amended to place the definitions in subsection 954 (2) in alphabetical order. 955 Section 29.Section 110.501, Florida Statutes, is reordered 956 and amended to read: 957 110.501Definitions.As used in this act: 958 (4)(1)Volunteer means any person who, of his or her own 959 free will, provides goods or services, or conveys an interest in 960 or otherwise consents to the use of real property pursuant to 961 chapter 260, to any state department or agency, or nonprofit 962 organization, with no monetary or material compensation. A 963 person registered and serving in Older American Volunteer 964 Programs authorized by the Domestic Volunteer Service Act of 965 1973, as amended (Pub. L. No. 93-113), shall also be defined as 966 a volunteer and shall incur no civil liability as provided by s. 967 768.1355. A volunteer shall be eligible for payment of volunteer 968 benefits as specified in Pub. L. No. 93-113, this section, and 969 s. 430.204. 970 (3)(2)Regular-service volunteer means any person engaged 971 in specific voluntary service activities on an ongoing or 972 continuous basis. 973 (2)(3)Occasional-service volunteer means any person who 974 offers to provide a one-time or occasional voluntary service. 975 (1)(4)Material donor means any person who provides 976 funds, materials, employment, or opportunities for clients of 977 state departments or agencies, without monetary or material 978 compensation. 979 Revisers note.Amended to place the definitions of the section 980 in alphabetical order. 981 Section 30.Subsection (2) of section 112.044, Florida 982 Statutes, is reordered and amended to read: 983 112.044Public employers, employment agencies, labor 984 organizations; discrimination based on age prohibited; 985 exceptions; remedy. 986 (2)DEFINITIONS.For the purpose of this act: 987 (b)(a)Employer means the state or any county, 988 municipality, or special district or any subdivision or agency 989 thereof. This definition shall not apply to any law enforcement 990 agency or firefighting agency in this state. 991 (c)(b)Employment agency means any person, including any 992 agent thereof, regularly undertaking, with or without 993 compensation, to procure employees for an employer, including 994 state and local employment services receiving federal 995 assistance. 996 (a)(c)Employee means an individual employed by any 997 employer. 998 Revisers note.Amended to place the definitions in subsection 999 (2) in alphabetical order. 1000 Section 31.Subsection (5) of section 112.0455, Florida 1001 Statutes, is reordered and amended to read: 1002 112.0455Drug-Free Workplace Act. 1003 (5)DEFINITIONS.Except where the context otherwise 1004 requires, as used in this act: 1005 (c)(a)Drug means alcohol, including distilled spirits, 1006 wine, malt beverages, and intoxicating liquors; amphetamines; 1007 cannabinoids; cocaine; phencyclidine (PCP); hallucinogens; 1008 methaqualone; opiates; barbiturates; benzodiazepines; synthetic 1009 narcotics; designer drugs; or a metabolite of any of the 1010 substances listed herein. 1011 (d)(b)Drug test or test means any chemical, 1012 biological, or physical instrumental analysis administered for 1013 the purpose of determining the presence or absence of a drug or 1014 its metabolites. 1015 (h)(c)Initial drug test means a sensitive, rapid, and 1016 reliable procedure to identify negative and presumptive positive 1017 specimens. All initial tests must use an immunoassay procedure 1018 or an equivalent, or must use a more accurate scientifically 1019 accepted method approved by the Agency for Health Care 1020 Administration as more accurate technology becomes available in 1021 a cost-effective form. 1022 (b)(d)Confirmation test, confirmed test, or confirmed 1023 drug test means a second analytical procedure used to identify 1024 the presence of a specific drug or metabolite in a specimen. The 1025 confirmation test must be different in scientific principle from 1026 that of the initial test procedure. This confirmation method 1027 must be capable of providing requisite specificity, sensitivity, 1028 and quantitative accuracy. 1029 (a)(e)Chain of custody refers to the methodology of 1030 tracking specified materials or substances for the purpose of 1031 maintaining control and accountability from initial collection 1032 to final disposition for all such materials or substances and 1033 providing for accountability at each stage in handling, testing, 1034 storing specimens, and reporting of test results. 1035 (i)(f)Job applicant means a person who has applied for a 1036 position with an employer and has been offered employment 1037 conditioned upon successfully passing a drug test. 1038 (e)(g)Employee means a person who works for salary, 1039 wages, or other remuneration for an employer. 1040 (g)(h)Employer means an agency within state government 1041 that employs individuals for salary, wages, or other 1042 remuneration. 1043 (j)(i)Prescription or nonprescription medication means a 1044 drug or medication obtained pursuant to a prescription as 1045 defined by s. 893.02 or a medication that is authorized pursuant 1046 to federal or state law for general distribution and use without 1047 a prescription in the treatment of human diseases, ailments, or 1048 injuries. 1049 (k)(j)Random testing means a drug test conducted on 1050 employees who are selected through the use of a computer 1051 generated random sample of an employers employees. 1052 (l)(k)Reasonable suspicion drug testing means drug 1053 testing based on a belief that an employee is using or has used 1054 drugs in violation of the employers policy drawn from specific 1055 objective and articulable facts and reasonable inferences drawn 1056 from those facts in light of experience. Reasonable suspicion 1057 drug testing may not be required except upon the recommendation 1058 of a supervisor who is at least one level of supervision higher 1059 than the immediate supervisor of the employee in question. Among 1060 other things, such facts and inferences may be based upon: 1061 1.Observable phenomena while at work, such as direct 1062 observation of drug use or of the physical symptoms or 1063 manifestations of being under the influence of a drug. 1064 2.Abnormal conduct or erratic behavior while at work or a 1065 significant deterioration in work performance. 1066 3.A report of drug use, provided by a reliable and 1067 credible source, which has been independently corroborated. 1068 4.Evidence that an individual has tampered with a drug 1069 test during employment with the current employer. 1070 5.Information that an employee has caused, or contributed 1071 to, an accident while at work. 1072 6.Evidence that an employee has used, possessed, sold, 1073 solicited, or transferred drugs while working or while on the 1074 employers premises or while operating the employers vehicle, 1075 machinery, or equipment. 1076 (n)(l)Specimen means a tissue, hair, or product of the 1077 human body capable of revealing the presence of drugs or their 1078 metabolites. 1079 (f)(m)Employee assistance program means an established 1080 program for employee assessment, counseling, and possible 1081 referral to an alcohol and drug rehabilitation program. 1082 (m)(n)Special risk means employees who are required as a 1083 condition of employment to be certified under chapter 633 or 1084 chapter 943. 1085 Revisers note.Amended to place the definitions in subsection 1086 (5) in alphabetical order. 1087 Section 32.Subsection (2) of section 112.061, Florida 1088 Statutes, is reordered and amended to read: 1089 112.061Per diem and travel expenses of public officers, 1090 employees, and authorized persons; statewide travel management 1091 system. 1092 (2)DEFINITIONS.For the purposes of this section, the 1093 term, the following words shall have the meanings indicated: 1094 (a)Agency or public agency means (c)Officer or public officer means (d)Employee or public employee means (e)Authorized person means: (f)Traveler means (g)Travel expense, traveling expenses, necessary 1127 expenses while traveling, actual expenses while traveling, or 1128 words of similar nature mean (h)Common carrier means (i)Travel day means (j)Travel period means (k)Class A travel means (l)Class B travel means (m)Class C travel means (n)Foreign travel means (b)Law enforcement, correctional, or correctional 1157 probation officer means any officer as defined in s. 943.10(14) 1158 or employee of the state or any political subdivision of the 1159 state, including any law enforcement officer, correctional 1160 officer, correctional probation officer, state attorney 1161 investigator, public defender investigator, or criminal conflict 1162 and civil regional counsel investigator, whose duties require 1163 such officer or employee to investigate, pursue, apprehend, 1164 arrest, transport, or maintain custody of persons who are 1165 charged with, suspected of committing, or convicted of a crime; 1166 and the term includes any member of a bomb disposal unit whose 1167 primary responsibility is the location, handling, and disposal 1168 of explosive devices. The term also includes any full-time 1169 officer or employee of the state or any political subdivision of 1170 the state, certified pursuant to chapter 943, whose duties 1171 require such officer to serve process or to attend a session of 1172 a circuit or county court as bailiff. 1173 (b)(d)Fresh pursuit means the pursuit of a person who 1174 has committed or is reasonably suspected of having committed a 1175 felony, misdemeanor, traffic infraction, or violation of a 1176 county or municipal ordinance. The term does not imply instant 1177 pursuit, but pursuit without unreasonable delay. 1178 Revisers note.Amended to place the definitions in subsection 1179 (1) in alphabetical order. 1180 Section 34.Section 112.26, Florida Statutes, is reordered 1181 and amended to read: 1182 112.26Definitions.For the purposes of this part, of 1183 chapter 112 the following words and phrases have the meanings 1184 ascribed to them in this section:. 1185 (2)(1)Sending agency means any department or agency of 1186 the federal government or a state government which sends any 1187 employee thereof to another government agency under this part. 1188 (1)(2)Receiving agency means any department or agency of 1189 the federal government or a state government which receives an 1190 employee of another government under this part. 1191 Revisers note.Amended to improve sentence structure, conform 1192 to Florida Statutes citation form, and place the 1193 definitions of the section in alphabetical order. 1194 Section 35.Paragraph (a) of subsection (7) of section 1195 112.3144, Florida Statutes, as amended by section 91 of chapter 1196 2022-157, Laws of Florida, is amended to read: 1197 112.3144Full and public disclosure of financial 1198 interests. 1199 (7)(a)Beginning January 1, 2023, a filer may not include 1200 in a filing to the commission a federal income tax return or a 1201 copy thereof; a social security number; a bank, mortgage, or 1202 brokerage account number; a debit, charge, or credit card 1203 number; a personal identification number; or a taxpayer 1204 identification number. If a filer includes such information in 1205 his or her filing, the information may be made available as part 1206 of the official records of the commission available for public 1207 inspection and copying unless redaction is requested by the 1208 filer. The commission is not liable for the release of social 1209 security numbers or bank account, debit, charge, or credit card 1210 numbers included in a filing to the commission if the filer has 1211 not requested redaction of such information. 1212 Revisers note.Amended to confirm an editorial insertion to 1213 improve clarity. 1214 Section 36.Effective July 1, 2023, paragraph (a) of 1215 subsection (7) of section 112.3144, Florida Statutes, as amended 1216 by section 92 of chapter 2022-157, Laws of Florida, effective 1217 July 1, 2023, is amended to read: 1218 112.3144Full and public disclosure of financial 1219 interests. 1220 (7)(a)Beginning January 1, 2022, a filer may not include 1221 in a filing to the commission a federal income tax return or a 1222 copy thereof; a social security number; a bank, mortgage, or 1223 brokerage account number; a debit, charge, or credit card 1224 number; a personal identification number; or a taxpayer 1225 identification number. If a filer includes such information in 1226 his or her filing, the information may be made available as part 1227 of the official records of the commission available for public 1228 inspection and copying unless redaction is requested by the 1229 filer. The commission is not liable for the release of social 1230 security numbers or bank account, debit, charge, or credit card 1231 numbers included in a filing to the commission if the filer has 1232 not requested redaction of such information. 1233 Revisers note.Amended, effective July 1, 2023, to confirm an 1234 editorial insertion in paragraph (7)(a), as amended by s. 1235 92, ch. 2022-157, Laws of Florida, effective July 1, 2023, 1236 to improve clarity. 1237 Section 37.Subsection (3) of section 112.3187, Florida 1238 Statutes, is reordered and amended to read: 1239 112.3187Adverse action against employee for disclosing 1240 information of specified nature prohibited; employee remedy and 1241 relief. 1242 (3)DEFINITIONS.As used in this act, unless otherwise 1243 specified, the following words or terms shall have the meanings 1244 indicated: 1245 (b)(a)Agency means any state, regional, county, local, 1246 or municipal government entity, whether executive, judicial, or 1247 legislative; any official, officer, department, division, 1248 bureau, commission, authority, or political subdivision therein; 1249 or any public school, community college, or state university. 1250 (c)(b)Employee means a person who performs services for, 1251 and under the control and direction of, or contracts with, an 1252 agency or independent contractor for wages or other 1253 remuneration. 1254 (a)(c)Adverse personnel action means the discharge, 1255 suspension, transfer, or demotion of any employee or the 1256 withholding of bonuses, the reduction in salary or benefits, or 1257 any other adverse action taken against an employee within the 1258 terms and conditions of employment by an agency or independent 1259 contractor. 1260 (e)(d)Independent contractor means a person, other than 1261 an agency, engaged in any business and who enters into a 1262 contract, including a provider agreement, with an agency. 1263 (d)(e)Gross mismanagement means a continuous pattern of 1264 managerial abuses, wrongful or arbitrary and capricious actions, 1265 or fraudulent or criminal conduct which may have a substantial 1266 adverse economic impact. 1267 Revisers note.Amended to place the definitions in subsection 1268 (3) in alphabetical order. 1269 Section 38.Subsections (1) through (5), (7), and (8) of 1270 section 112.352, Florida Statutes, are reordered and amended to 1271 read: 1272 112.352Definitions.The following words and phrases as 1273 used in this act shall have the following meaning unless a 1274 different meaning is required by the context: 1275 (3)(1)Funds shall mean the special trust funds in the 1276 State Treasury created under each of the retirement laws covered 1277 by this act. 1278 (5)(2)Retired member shall mean any person who had both 1279 attained age 65 and retired prior to January 1, 1966, and is 1280 receiving benefits under any of the following systems: 1281 (a)State and County Officers and Employees Retirement 1282 System, created by authority of chapter 122. 1283 (b)Supreme Court Justices, District Courts of Appeal 1284 Judges and Circuit Judges Retirement System, created by 1285 authority of former chapter 123. 1286 (c)Teachers Retirement System of the state, created by 1287 authority of chapter 238; or 1288 (d)Highway Patrol Pension Trust Fund, created by authority 1289 of chapter 321. 1290 (4)(3)Joint annuitant means any person named by a 1291 retired member under the applicable system to receive any 1292 retirement benefits due and payable from the system after the 1293 members death. 1294 (8)(4)System shall mean any of the retirement systems 1295 specified in subsection (5) (2). 1296 (7)(5)Social security benefit shall mean the monthly 1297 primary insurance amount, computed in accordance with the Social 1298 Security Act from which is derived the monthly benefit amount, 1299 which the retired member is receiving, entitled to receive, or 1300 would be entitled to receive upon application to the Social 1301 Security Administration, without taking into account any earned 1302 income which would cause a reduction in such amount. For 1303 purposes of this act, the social security benefit of: 1304 (a)A retired member who is not insured under the Social 1305 Security Act shall be zero, and 1306 (b)A deceased retired member who was insured under the 1307 Social Security Act shall be the primary insurance amount from 1308 which is derived the monthly benefit amount which the member was 1309 receiving or entitled to receive in the month immediately 1310 preceding his or her date of death. 1311 (2)(7)Department means the Department of Management 1312 Services. 1313 (1)(8)Base year means the year in which a retired member 1314 actually retired from a system or the year in which the member 1315 attained age 65, if later. 1316 Revisers note.Amended to place the definitions of the section 1317 in alphabetical order and to conform a cross-reference. 1318 Section 39.Section 112.353, Florida Statutes, is amended 1319 to read: 1320 112.353Purpose of act.The purpose of this act is to 1321 provide a supplement to the monthly retirement benefits being 1322 paid to, or with respect to, retired members under the 1323 retirement systems specified in s. 112.352(5) 112.352(2) and any 1324 permanently and totally disabled retired member who became thus 1325 disabled in the line of duty and while performing the duties 1326 incident to his or her employment, such supplement to be 1327 approximately equal to the excess of the increase in social 1328 security benefits that the retired member would have received 1329 had he or she been covered for maximum benefits under the Social 1330 Security Act at age 65 or at date of retirement, whichever is 1331 later, over the amount of increase he or she has previously 1332 received or is entitled to receive by virtue of coverage under 1333 the Social Security Act. 1334 Revisers note.Amended to conform to the reordering of 1335 definitions in s. 112.352 by this act. 1336 Section 40.Paragraphs (a), (b), and (d) through (g) of 1337 subsection (2) of section 112.361, Florida Statutes, are 1338 reordered and amended, and subsection (3) of that section is 1339 amended to read: 1340 112.361Additional and updated supplemental retirement 1341 benefits. 1342 (2)DEFINITIONS.As used in this section, unless a 1343 different meaning is required by the context: 1344 (b)(a)Funds means the special trust funds in the State 1345 Treasury created under each of the retirement laws covered by 1346 this section. 1347 (d)(b)Retired member means any person: 1348 1.Who either: 1349 a.Had both attained age 65 and retired for reasons other 1350 than disability prior to January 1, 1968; or 1351 b.Had retired because of disability prior to January 1, 1352 1968, and who, if he or she had been covered under the Social 1353 Security Act, would have been eligible for disability benefits 1354 under Title II of the Social Security Act; and 1355 2.Who is receiving benefits under any of the following 1356 systems: 1357 a.State and County Officers and Employees Retirement 1358 System created by authority of chapter 122; 1359 b.Supreme Court Justices, District Courts of Appeal Judges 1360 and Circuit Judges Retirement System created by authority of 1361 former chapter 123; 1362 c.Teachers Retirement System of the state created by 1363 authority of chapter 238; or 1364 d.Highway Patrol Pension Trust Fund created by authority 1365 of chapter 321. 1366 1367 In addition, retired member includes any state official or 1368 state employee who retired prior to January 1, 1958, and is 1369 receiving benefits by authority of s. 112.05. 1370 (g)(d)System means any of the retirement systems 1371 specified in paragraph (d) (b), including that pursuant to s. 1372 112.05. 1373 (f)(e)Social security benefit means the monthly primary 1374 insurance amount, computed in accordance with the Social 1375 Security Act, from which is derived the monthly benefit amount 1376 which the retired member is receiving, entitled to receive, or 1377 would be entitled to receive upon application to the Social 1378 Security Administration, without taking into account any earned 1379 income which would cause a reduction in such amount. For 1380 purposes of this section: 1381 1.The social security benefit of a retired member who is 1382 not insured under the Social Security Act shall be zero, and 1383 2.The social security benefit of a deceased retired member 1384 who was insured under the Social Security Act shall be the 1385 primary insurance amount from which is derived the monthly 1386 benefit amount which the member was receiving or entitled to 1387 receive in the month immediately preceding his or her date of 1388 death. 1389 (e)(f)Retirement benefit means the monthly benefit which 1390 a retired member or joint annuitant is receiving from a system. 1391 (a)(g)Department means the Department of Management 1392 Services. 1393 (3)PURPOSE OF SECTION.The purpose of this section is to 1394 provide a supplement to the monthly retirement benefits being 1395 paid to, or with respect to, retired members under the 1396 retirement systems specified in paragraph (2)(d) (2)(b), such 1397 supplement to be approximately equal to the excess of the 1398 increase in social security benefits that the retired member 1399 would have received as a result of the 1967 amendments to the 1400 Social Security Act had he or she been covered for maximum 1401 benefits under the Social Security Act at age 65 or at date of 1402 retirement, whichever is later, over the amount of increase he 1403 or she has previously received or is entitled to receive as a 1404 result of the 1967 amendments to the Social Security Act by 1405 virtue of coverage under the Social Security Act. 1406 Revisers note.Amended to place the definitions in subsection 1407 (2) in alphabetical order and to conform cross-references. 1408 Section 41.Section 112.625, Florida Statutes, is reordered 1409 and amended to read: 1410 112.625Definitions.As used in this act: 1411 (8)(1)Retirement system or plan means any employee 1412 pension benefit plan supported in whole or in part by public 1413 funds, provided such plan is not: 1414 (a)An employee benefit plan described in s. 4(a) of the 1415 Employee Retirement Income Security Act of 1974, which is not 1416 exempt under s. 4(b)(1) of such act; 1417 (b)A plan which is unfunded and is maintained by an 1418 employer primarily for the purpose of providing deferred 1419 compensation for a select group of management or highly 1420 compensated employees; 1421 (c)A coverage agreement entered into pursuant to s. 218 of 1422 the Social Security Act; 1423 (d)An individual retirement account or an individual 1424 retirement annuity within the meaning of s. 408, or a retirement 1425 bond within the meaning of s. 409, of the Internal Revenue Code 1426 of 1954; 1427 (e)A plan described in s. 401(d) of the Internal Revenue 1428 Code of 1954; or 1429 (f)An individual account consisting of an annuity contract 1430 described in s. 403(b) of the Internal Revenue Code of 1954. 1431 (6)(2)Plan administrator means the person so designated 1432 by the terms of the instrument or instruments, ordinance, or 1433 statute under which the plan is operated. If no plan 1434 administrator has been designated, the plan sponsor shall be 1435 considered the plan administrator. 1436 (2)(3)Enrolled actuary means an actuary who is enrolled 1437 under Subtitle C of Title III of the Employee Retirement Income 1438 Security Act of 1974 and who is a member of the Society of 1439 Actuaries or the American Academy of Actuaries. 1440 (1)(4)Benefit increase means a change or amendment in 1441 the plan design or benefit structure which results in increased 1442 benefits for plan members or beneficiaries. 1443 (3)(5)Governmental entity means the state, for the 1444 Florida Retirement System, and the county, municipality, special 1445 district, or district school board which is the employer of the 1446 member of a local retirement system or plan. 1447 (5)(6)Pension or retirement benefit means any benefit, 1448 including a disability benefit, paid to a member or beneficiary 1449 of a retirement system or plan as defined in subsection (8) (1). 1450 (9)(7)Statement value means the value of assets in 1451 accordance with s. 302(c)(2) of the Employee Retirement Income 1452 Security Act of 1974 and as permitted under regulations 1453 prescribed by the Secretary of the Treasury as amended by Pub. 1454 L. No. 100-203, as such sections are in effect on August 16, 1455 2006. Assets for which a fair market value is not provided shall 1456 be excluded from the assets used in the determination of annual 1457 funding cost. 1458 (4)(8)Named fiduciary, board, or board of trustees 1459 means the person or persons so designated by the terms of the 1460 instrument or instruments, ordinance, or statute under which the 1461 plan is operated. 1462 (7)(9)Plan sponsor means the local governmental entity 1463 that has established or that may establish a local retirement 1464 system or plan. 1465 Revisers note.Amended to place the definitions of the section 1466 in alphabetical order and to conform a cross-reference. 1467 Section 42.Paragraphs (a), (b), (d), and (e) of subsection 1468 (2) of section 116.34, Florida Statutes, are reordered and 1469 amended to read: 1470 116.34Facsimile signatures. 1471 (2)DEFINITIONS.As used in this section: 1472 (e)(a)Public security means a bond, note, certificate of 1473 indebtedness, or other obligation for the payment of money, 1474 issued by this state or by any of its departments, agencies, 1475 public bodies, or other instrumentalities or by any of its 1476 political subdivisions. 1477 (d)(b)Instrument of payment means a check, draft, 1478 warrant, or order for the payment, delivery, or transfer of 1479 funds. 1480 (a)(d)Authorized officer means any official of this 1481 state or any of its departments, agencies, public bodies, or 1482 other instrumentalities or any of its political subdivisions 1483 whose signature to a public security, instrument of conveyance 1484 or instrument of payment is required or permitted. 1485 (b)(e)Facsimile signature means a reproduction by 1486 engraving, imprinting, stamping, or other means of the manual 1487 signature of an authorized officer. 1488 Revisers note.Amended to place the definitions in subsection 1489 (2) in alphabetical order. 1490 Section 43.Paragraph (a) of subsection (52) and paragraph 1491 (a) of subsection (53) of section 121.021, Florida Statutes, are 1492 amended to read: 1493 121.021Definitions.The following words and phrases as 1494 used in this chapter have the respective meanings set forth 1495 unless a different meaning is plainly required by the context: 1496 (52)Regularly established position means: 1497 (a)With respect to a state employer, a position that is 1498 authorized and established pursuant to law and is compensated 1499 from a salaries and benefits appropriation pursuant to s. 1500 216.011(1)(rr) 216.011(1)(mm), or an established position that 1501 is authorized pursuant to s. 216.262(1)(a) and (b) and is 1502 compensated from a salaries account as provided in s. 1503 216.011(1)(ss) 216.011(1)(nn). 1504 (53)Temporary position means: 1505 (a)With respect to a state employer, a position that is 1506 compensated from an other personal services (OPS) account as 1507 provided in s. 216.011(1)(jj) 216.011(1)(dd). 1508 Revisers note.Amended to conform cross-references to the 1509 reordering of definitions in s. 216.011(1) by this act. 1510 Section 44.Paragraph (c) of subsection (2) and subsection 1511 (8) of section 121.051, Florida Statutes, are amended to read: 1512 121.051Participation in the system. 1513 (2)OPTIONAL PARTICIPATION. 1514 (c)Employees of public community colleges or charter 1515 technical career centers sponsored by public community colleges, 1516 designated in s. 1000.21(5) 1000.21(3), who are members of the 1517 Regular Class of the Florida Retirement System and who comply 1518 with the criteria set forth in this paragraph and s. 1012.875 1519 may, in lieu of participating in the Florida Retirement System, 1520 elect to withdraw from the system altogether and participate in 1521 the State Community College System Optional Retirement Program 1522 provided by the employing agency under s. 1012.875. 1523 1.a.Through June 30, 2001, the cost to the employer for 1524 benefits under the optional retirement program equals the normal 1525 cost portion of the employer retirement contribution which would 1526 be required if the employee were a member of the pension plans 1527 Regular Class, plus the portion of the contribution rate 1528 required by s. 112.363(8) which would otherwise be assigned to 1529 the Retiree Health Insurance Subsidy Trust Fund. 1530 b.Effective July 1, 2001, through June 30, 2011, each 1531 employer shall contribute on behalf of each member of the 1532 optional program an amount equal to 10.43 percent of the 1533 employees gross monthly compensation. The employer shall deduct 1534 an amount for the administration of the program. 1535 c.Effective July 1, 2011, through June 30, 2012, each 1536 member shall contribute an amount equal to the employee 1537 contribution required under s. 121.71(3). The employer shall 1538 contribute on behalf of each program member an amount equal to 1539 the difference between 10.43 percent of the employees gross 1540 monthly compensation and the employees required contribution 1541 based on the employees gross monthly compensation. 1542 d.Effective July 1, 2012, each member shall contribute an 1543 amount equal to the employee contribution required under s. 1544 121.71(3). The employer shall contribute on behalf of each 1545 program member an amount equal to the difference between 8.15 1546 percent of the employees gross monthly compensation and the 1547 employees required contribution based on the employees gross 1548 monthly compensation. 1549 e.The employer shall contribute an additional amount to 1550 the Florida Retirement System Trust Fund equal to the unfunded 1551 actuarial accrued liability portion of the Regular Class 1552 contribution rate. 1553 2.The decision to participate in the optional retirement 1554 program is irrevocable as long as the employee holds a position 1555 eligible for participation, except as provided in subparagraph 1556 3. Any service creditable under the Florida Retirement System is 1557 retained after the member withdraws from the system; however, 1558 additional service credit in the system may not be earned while 1559 a member of the optional retirement program. 1560 3.An employee who has elected to participate in the 1561 optional retirement program shall have one opportunity, at the 1562 employees discretion, to transfer from the optional retirement 1563 program to the pension plan of the Florida Retirement System or 1564 to the investment plan established under part II of this 1565 chapter, subject to the terms of the applicable optional 1566 retirement program contracts. 1567 a.If the employee chooses to move to the investment plan, 1568 any contributions, interest, and earnings creditable to the 1569 employee under the optional retirement program are retained by 1570 the employee in the optional retirement program, and the 1571 applicable provisions of s. 121.4501(4) govern the election. 1572 b.If the employee chooses to move to the pension plan of 1573 the Florida Retirement System, the employee shall receive 1574 service credit equal to his or her years of service under the 1575 optional retirement program. 1576 (I)The cost for such credit is the amount representing the 1577 present value of the employees accumulated benefit obligation 1578 for the affected period of service. The cost shall be calculated 1579 as if the benefit commencement occurs on the first date the 1580 employee becomes eligible for unreduced benefits, using the 1581 discount rate and other relevant actuarial assumptions that were 1582 used to value the Florida Retirement System Pension Plan 1583 liabilities in the most recent actuarial valuation. The 1584 calculation must include any service already maintained under 1585 the pension plan in addition to the years under the optional 1586 retirement program. The present value of any service already 1587 maintained must be applied as a credit to total cost resulting 1588 from the calculation. The division must ensure that the transfer 1589 sum is prepared using a formula and methodology certified by an 1590 enrolled actuary. 1591 (II)The employee must transfer from his or her optional 1592 retirement program account and from other employee moneys as 1593 necessary, a sum representing the present value of the 1594 employees accumulated benefit obligation immediately following 1595 the time of such movement, determined assuming that attained 1596 service equals the sum of service in the pension plan and 1597 service in the optional retirement program. 1598 4.Participation in the optional retirement program is 1599 limited to employees who satisfy the following eligibility 1600 criteria: 1601 a.The employee is otherwise eligible for membership or 1602 renewed membership in the Regular Class of the Florida 1603 Retirement System, as provided in s. 121.021(11) and (12) or s. 1604 121.122. 1605 b.The employee is employed in a full-time position 1606 classified in the Accounting Manual for Floridas College System 1607 as: 1608 (I)Instructional; or 1609 (II)Executive Management, Instructional Management, or 1610 Institutional Management and the community college determines 1611 that recruiting to fill a vacancy in the position is to be 1612 conducted in the national or regional market, and the duties and 1613 responsibilities of the position include the formulation, 1614 interpretation, or implementation of policies, or the 1615 performance of functions that are unique or specialized within 1616 higher education and that frequently support the mission of the 1617 community college. 1618 c.The employee is employed in a position not included in 1619 the Senior Management Service Class of the Florida Retirement 1620 System as described in s. 121.055. 1621 5.Members of the program are subject to the same 1622 reemployment limitations, renewed membership provisions, and 1623 forfeiture provisions applicable to regular members of the 1624 Florida Retirement System under ss. 121.091(9), 121.122, and 1625 121.091(5), respectively. A member who receives a program 1626 distribution funded by employer and required employee 1627 contributions is deemed to be retired from a state-administered 1628 retirement system if the member is subsequently employed with an 1629 employer that participates in the Florida Retirement System. 1630 6.Eligible community college employees are compulsory 1631 members of the Florida Retirement System until, pursuant to s. 1632 1012.875, a written election to withdraw from the system and 1633 participate in the optional retirement program is filed with the 1634 program administrator and received by the division. 1635 a.A community college employee whose program eligibility 1636 results from initial employment shall be enrolled in the 1637 optional retirement program retroactive to the first day of 1638 eligible employment. The employer and employee retirement 1639 contributions paid through the month of the employee plan change 1640 shall be transferred to the community college to the employees 1641 optional program account, and, effective the first day of the 1642 next month, the employer shall pay the applicable contributions 1643 based upon subparagraph 1. 1644 b.A community college employee whose program eligibility 1645 is due to the subsequent designation of the employees position 1646 as one of those specified in subparagraph 4., or due to the 1647 employees appointment, promotion, transfer, or reclassification 1648 to a position specified in subparagraph 4., must be enrolled in 1649 the program on the first day of the first full calendar month 1650 that such change in status becomes effective. The employer and 1651 employee retirement contributions paid from the effective date 1652 through the month of the employee plan change must be 1653 transferred to the community college to the employees optional 1654 program account, and, effective the first day of the next month, 1655 the employer shall pay the applicable contributions based upon 1656 subparagraph 1. 1657 7.Effective July 1, 2003, through December 31, 2008, any 1658 member of the optional retirement program who has service credit 1659 in the pension plan of the Florida Retirement System for the 1660 period between his or her first eligibility to transfer from the 1661 pension plan to the optional retirement program and the actual 1662 date of transfer may, during employment, transfer to the 1663 optional retirement program a sum representing the present value 1664 of the accumulated benefit obligation under the defined benefit 1665 retirement program for the period of service credit. Upon 1666 transfer, all service credit previously earned under the pension 1667 plan during this period is nullified for purposes of entitlement 1668 to a future benefit under the pension plan. 1669 (8)DIVISION OF REHABILITATION AND LIQUIDATION EMPLOYEES 1670 MEMBERSHIP.Effective July 1, 1994, the regular receivership 1671 employees of the Division of Rehabilitation and Liquidation of 1672 the Department of Financial Services who are assigned to 1673 established positions and are subject to established rules and 1674 regulations regarding discipline, pay, classification, and time 1675 and attendance are hereby declared to be state employees within 1676 the meaning of this chapter and shall be compulsory members in 1677 compliance with this chapter, the provisions of s. 1678 216.011(1)(jj)2. 216.011(1)(dd)2., notwithstanding. Employment 1679 performed before July 1, 1994, as such a receivership employee 1680 may be claimed as creditable retirement service upon payment by 1681 the employee or employer of contributions required in s. 1682 121.081(1), as applicable for the period claimed. 1683 Revisers note.Paragraph (2)(c) is amended to conform to the 1684 reordering of definitions in s. 1000.21 by this act. 1685 Subsection (8) is amended to conform to the reordering of 1686 definitions in s. 216.011(1) by this act. 1687 Section 45.Paragraph (b) of subsection (9) of section 1688 125.0104, Florida Statutes, is amended to read: 1689 125.0104Tourist development tax; procedure for levying; 1690 authorized uses; referendum; enforcement. 1691 (9)COUNTY TOURISM PROMOTION AGENCIES.In addition to any 1692 other powers and duties provided for agencies created for the 1693 purpose of tourism promotion by a county levying the tourist 1694 development tax, such agencies are authorized and empowered to: 1695 (b)Pay by advancement or reimbursement, or a combination 1696 thereof, the costs of per diem and incidental expenses of 1697 officers and employees of the agency and other authorized 1698 persons, for foreign travel at the current rates as specified in 1699 the federal publication Standardized Regulations (Government 1700 Civilians, Foreign Areas). The provisions of this paragraph 1701 shall apply for any officer or employee of the agency traveling 1702 in foreign countries for the purposes of promoting tourism and 1703 travel to the county, if such travel expenses are approved and 1704 certified by the agency head from whose funds the traveler is 1705 paid. As used in this paragraph, the term authorized person 1706 shall have the same meaning as provided in s. 112.061(2)(c) 1707 112.061(2)(e). With the exception of provisions concerning rates 1708 of payment for per diem, the provisions of s. 112.061 are 1709 applicable to the travel described in this paragraph. As used in 1710 this paragraph, foreign travel means all travel outside the 1711 United States. Persons traveling in foreign countries pursuant 1712 to this subsection shall not be entitled to reimbursements or 1713 advancements pursuant to s. 112.061(6)(a)2. 1714 Revisers note.Amended to conform to the reordering of 1715 definitions in s. 112.061(2) by this act. 1716 Section 46.Subsection (1) of section 125.488, Florida 1717 Statutes, is amended to read: 1718 125.488Ordinances, regulations, and policies concerning 1719 temporary underground power panels. 1720 (1)A county may not enact any ordinance, regulation, or 1721 policy that prevents or has the effect of preventing an electric 1722 utility, as defined in s. 366.02(4) 366.02(2), from installing a 1723 temporary underground power panel if the temporary underground 1724 power panel meets the requirements of Article 590 of the 1725 National Electrical Code, 2020 edition, during the construction 1726 and installation of the temporary underground power panel. After 1727 the county has conducted an inspection of the temporary 1728 underground power panel, the county may not require a subsequent 1729 inspection of the temporary underground power panel as a 1730 condition of issuance of the certificate of occupancy. 1731 Revisers note.Amended to conform to the renumbering of s. 1732 366.04(2) as s. 366.04(4) by s. 27, ch. 2022-4, Laws of 1733 Florida. 1734 Section 47.Paragraph (k) of subsection (1) of section 1735 159.47, Florida Statutes, is amended to read: 1736 159.47Powers of the authority. 1737 (1)The authority is authorized and empowered: 1738 (k)To pay by advancement or reimbursement, or a 1739 combination thereof, the costs of per diem of members or 1740 employees of the authority and other authorized persons, for 1741 foreign travel at the current rates as specified in the federal 1742 publication Standardized Regulations (Government Civilians, 1743 Foreign Areas), and incidental expenses as provided in s. 1744 112.061. The provisions of this paragraph shall apply for any 1745 member or employee of the authority traveling in foreign 1746 countries for the purpose of promoting economic or industrial 1747 development of the county, if such travel expenses are approved 1748 and certified by the agency head from whose funds the traveler 1749 is paid. As used in this paragraph, the term authorized person 1750 has the same meaning as provided in s. 112.061(2)(c) 1751 112.061(2)(e). With the exception of provisions concerning rates 1752 of payment for per diem, the provisions of s. 112.061 are 1753 applicable to the travel described in this subsection. As used 1754 in this paragraph, foreign travel means all travel outside the 1755 United States. Persons traveling in foreign countries pursuant 1756 to this section shall not be entitled to reimbursements or 1757 advancements pursuant to s. 112.061(6)(a)2. 1758 Revisers note.Amended to conform to the reordering of 1759 definitions in s. 112.061(2) by this act. 1760 Section 48.Paragraph (b) of subsection (1) of section 1761 163.32051, Florida Statutes, is amended to read: 1762 163.32051Floating solar facilities. 1763 (1) 1764 (b)The Legislature finds that siting floating solar 1765 facilities on wastewater treatment ponds, abandoned limerock 1766 mine areas, stormwater treatment ponds, reclaimed water ponds, 1767 and other water storage reservoirs are beneficial uses of those 1768 areas for many reasons, including the fact that the water has a 1769 cooling effect on the solar panels, which can boost power 1770 production, and the fact that the panels help decrease the 1771 amount of water lost to evaporation and the formation of harmful 1772 algal blooms. 1773 Revisers note.Amended to confirm an editorial insertion to 1774 improve clarity. 1775 Section 49.Subsection (1) of section 166.0484, Florida 1776 Statutes, is amended to read: 1777 166.0484Ordinances, regulations, and policies concerning 1778 temporary underground power panels. 1779 (1)A municipality may not enact any ordinance, regulation, 1780 or policy that prevents or has the effect of preventing an 1781 electric utility, as defined in s. 366.02(4) 366.02(2), from 1782 installing a temporary underground power panel if the temporary 1783 underground power panel meets the requirements of Article 590 of 1784 the National Electrical Code, 2020 edition, during the 1785 construction and installation of the temporary underground power 1786 panel. After the municipality has conducted an inspection of the 1787 temporary underground power panel, the municipality may not 1788 require a subsequent inspection of the temporary underground 1789 power panel as a condition of issuance of the certificate of 1790 occupancy. 1791 Revisers note.Amended to conform to the renumbering of s. 1792 366.04(2) as s. 366.04(4) by s. 27, ch. 2022-4, Laws of 1793 Florida. 1794 Section 50.Paragraph (b) of subsection (2) of section 1795 175.261, Florida Statutes, is amended to read: 1796 175.261Annual report to Division of Retirement; actuarial 1797 valuations.For any municipality, special fire control district, 1798 chapter plan, local law municipality, local law special fire 1799 control district, or local law plan under this chapter, the 1800 board of trustees for every chapter plan and local law plan 1801 shall submit the following reports to the division: 1802 (2)With respect to local law plans: 1803 (b)In addition to annual reports provided under paragraph 1804 (a), an actuarial valuation of the retirement plan must be made 1805 at least once every 3 years, as provided in s. 112.63, 1806 commencing 3 years from the last actuarial valuation of the plan 1807 or system for existing plans, or commencing 3 years from 1808 issuance of the initial actuarial impact statement submitted 1809 under s. 112.63 for newly created plans. Such valuation shall be 1810 prepared by an enrolled actuary, subject to the following 1811 conditions: 1812 1.The assets shall be valued as provided in s. 112.625(9) 1813 112.625(7). 1814 2.The cost of the actuarial valuation must be paid by the 1815 individual firefighters retirement fund or by the sponsoring 1816 municipality or special fire control district. 1817 3.A report of the valuation, including actuarial 1818 assumptions and type and basis of funding, shall be made to the 1819 division within 3 months after the date of valuation. If any 1820 benefits are insured with a commercial insurance company, the 1821 report must include a statement of the relationship of the 1822 retirement plan benefits to the insured benefits, the name of 1823 the insurer, the basis of premium rates, and the mortality 1824 table, interest rate, and method used in valuing the retirement 1825 benefits. 1826 Revisers note.Amended to conform to the reordering of 1827 definitions in s. 112.625 by this act. 1828 Section 51.Paragraph (b) of subsection (2) of section 1829 185.221, Florida Statutes, is amended to read: 1830 185.221Annual report to Division of Retirement; actuarial 1831 valuations.For any municipality, chapter plan, local law 1832 municipality, or local law plan under this chapter, the board of 1833 trustees for every chapter plan and local law plan shall submit 1834 the following reports to the division: 1835 (2)With respect to local law plans: 1836 (b)In addition to annual reports provided under paragraph 1837 (a), an actuarial valuation of the retirement plan must be made 1838 at least once every 3 years, as provided in s. 112.63, 1839 commencing 3 years from the last actuarial valuation of the plan 1840 or system for existing plans, or commencing 3 years from 1841 issuance of the initial actuarial impact statement submitted 1842 under s. 112.63 for newly created plans. Such valuation shall be 1843 prepared by an enrolled actuary, subject to the following 1844 conditions: 1845 1.The assets shall be valued as provided in s. 112.625(9) 1846 112.625(7). 1847 2.The cost of the actuarial valuation must be paid by the 1848 individual police officers retirement trust fund or by the 1849 sponsoring municipality. 1850 3.A report of the valuation, including actuarial 1851 assumptions and type and basis of funding, shall be made to the 1852 division within 3 months after the date of the valuation. If any 1853 benefits are insured with a commercial insurance company, the 1854 report must include a statement of the relationship of the 1855 retirement plan benefits to the insured benefits, the name of 1856 the insurer, the basis of premium rates, and the mortality 1857 table, interest rate, and method used in valuing the retirement 1858 benefits. 1859 Revisers note.Amended to conform to the reordering of 1860 definitions in s. 112.625 by this act. 1861 Section 52.Paragraphs (a) and (c) of subsection (1) and 1862 subsections (2) through (4), (8), and (9) of section 205.022, 1863 Florida Statutes, are reordered and amended to read: 1864 205.022Definitions.When used in this chapter, the 1865 following terms and phrases shall have the meanings ascribed to 1866 them in this section, except when the context clearly indicates 1867 a different meaning: 1868 (1)Business, profession, and occupation do not 1869 include the customary religious, charitable, or educational 1870 activities of nonprofit religious, nonprofit charitable, and 1871 nonprofit educational institutions in this state, which 1872 institutions are more particularly defined and limited as 1873 follows: 1874 (c)(a)Religious institutions means churches and 1875 ecclesiastical or denominational organizations or established 1876 physical places for worship in this state at which nonprofit 1877 religious services and activities are regularly conducted and 1878 carried on, and also means church cemeteries. 1879 (a)(c)Charitable institutions means only nonprofit 1880 corporations operating physical facilities in this state at 1881 which are provided charitable services, a reasonable percentage 1882 of which are without cost to those unable to pay. 1883 (8)(2)Receipt means the document that is issued by the 1884 local governing authority which bears the words Local Business 1885 Tax Receipt and evidences that the person in whose name the 1886 document is issued has complied with the provisions of this 1887 chapter relating to the business tax. 1888 (2)(3)Classification means the method by which a 1889 business or group of businesses is identified by size or type, 1890 or both. 1891 (3)(4)Enterprise zone means an area designated as an 1892 enterprise zone pursuant to s. 290.0065. This subsection expires 1893 on the date specified in s. 290.016 for the expiration of the 1894 Florida Enterprise Zone Act. 1895 (9)(8)Taxpayer means any person liable for taxes imposed 1896 under the provisions of this chapter; any agent required to file 1897 and pay any taxes imposed hereunder; and the heirs, successors, 1898 assignees, and transferees of any such person or agent. 1899 (4)(9)Independent contractor has the same meaning as 1900 provided in s. 440.02(18)(d)1.a. and b 440.02(15)(d)1.a. and b. 1901 Revisers note.Paragraphs (1)(a) and (c) and subsections (2) 1902 through (4), (8), and (9) are amended to place the 1903 definitions of the section in alphabetical order. 1904 Subsection (9) is further amended to conform to the 1905 reordering of definitions in s. 440.02 by this act. 1906 Section 53.Paragraph (a) of subsection (5) of section 1907 215.5551, Florida Statutes, is amended to read: 1908 215.5551Reinsurance to Assist Policyholders program. 1909 (5)INSURER QUALIFICATION. 1910 (a)An insurer is not eligible to participate in the RAP 1911 program if the board receives a notice from the Commissioner of 1912 Insurance Regulation which certifies that the insurer is in an 1913 unsound financial condition no later than: 1914 1.June 15, 2022, for RAP insurers that participate during 1915 the 2022-2023 contract year; or 1916 2.February 1, 2023, for RAP insurers subject to 1917 participation deferral under subsection (6) that and participate 1918 during the 2023-2024 contract year. 1919 Revisers note.Amended to confirm an editorial substitution to 1920 improve clarity and facilitate correct interpretation. 1921 Section 54.Subsection (1) of section 216.011, Florida 1922 Statutes, is reordered and amended, and paragraph (c) of 1923 subsection (3) of that section is amended to read: 1924 216.011Definitions. 1925 (1)For the purpose of fiscal affairs of the state, 1926 appropriations acts, legislative budgets, and approved budgets, 1927 each of the following terms has the meaning indicated: 1928 (b)(a)Annual salary rate means the monetary compensation 1929 authorized to be paid a position on an annualized basis. The 1930 term does not include moneys authorized for benefits associated 1931 with the position. 1932 (c)(b)Appropriation means a legal authorization to make 1933 expenditures for specific purposes within the amounts authorized 1934 by law. 1935 (d)(c)Appropriations act means the authorization of the 1936 Legislature, based upon legislative budgets or based upon 1937 legislative findings of the necessity for an authorization when 1938 no legislative budget is filed, for the expenditure of amounts 1939 of money by an agency, the judicial branch, or the legislative 1940 branch for stated purposes in the performance of the functions 1941 it is authorized by law to perform. The categories contained in 1942 the appropriations act include, but are not limited to: 1943 1.Data processing services. 1944 2.Expenses. 1945 3.Fixed capital outlay. 1946 4.Food products. 1947 5.Grants and aids. 1948 6.Grants and aids to local governments and nonstate 1949 entities-fixed capital outlay. 1950 7.Lump-sum appropriations. 1951 8.Operating capital outlay. 1952 9.Other personal services. 1953 10.Salaries and benefits. 1954 11.Special categories. 1955 (e)(d)Authorized position means a position included in 1956 an approved budget. In counting the number of authorized 1957 positions, part-time positions shall be converted to full-time 1958 equivalents. 1959 (f)(e)Baseline data means indicators of a state agencys 1960 current performance level, pursuant to guidelines established by 1961 the Executive Office of the Governor, in consultation with 1962 legislative appropriations and appropriate substantive 1963 committees. 1964 (g)(f)Budget entity means a unit or function at the 1965 lowest level to which funds are specifically appropriated in the 1966 appropriations act. Budget entity and service have the same 1967 meaning. 1968 (i)(g)Chairs of the legislative appropriations 1969 committees means the chairs of the committees of the Senate and 1970 the House of Representatives responsible for producing the 1971 General Appropriations Act. 1972 (j)(h)Consultation means communication to allow 1973 government officials and agencies to deliberate and to seek and 1974 provide advice in an open and forthright manner. 1975 (k)(i)Continuing appropriation means an appropriation 1976 automatically renewed without further legislative action, period 1977 after period, until altered or revoked by the Legislature. 1978 (l)(j)Data processing services means the appropriation 1979 category used to fund electronic data processing services 1980 provided by state agencies or the judicial branch, which 1981 services include, but are not limited to, systems design, 1982 software development, or time-sharing by other governmental 1983 units or budget entities. 1984 (m)(k)Disbursement means the payment of an expenditure. 1985 (n)(l)Disincentive means a sanction as described in s. 1986 216.163. 1987 (o)(m)Expenditure means the creation or incurring of a 1988 legal obligation to disburse money. 1989 (p)(n)Expense means the appropriation category used to 1990 fund the usual, ordinary, and incidental expenditures by an 1991 agency or the judicial branch, including such items as 1992 commodities, supplies of a consumable nature, current 1993 obligations, and fixed charges, and excluding expenditures 1994 classified as operating capital outlay. Payments to other funds 1995 or local, state, or federal agencies may be included in this 1996 category. 1997 (q)(o)Fiscal year of the state means a period of time 1998 beginning July 1 and ending on the following June 30, both dates 1999 inclusive. 2000 (r)(p)Fixed capital outlay means the appropriation 2001 category used to fund real property (land, buildings, including 2002 appurtenances, fixtures and fixed equipment, structures, etc.), 2003 including additions, replacements, major repairs, and 2004 renovations to real property which materially extend its useful 2005 life or materially improve or change its functional use and 2006 including furniture and equipment necessary to furnish and 2007 operate a new or improved facility, when appropriated by the 2008 Legislature in the fixed capital outlay appropriation category. 2009 (s)(q)Food products means the appropriation category 2010 used to fund food consumed and purchased in state-run facilities 2011 that provide housing to individuals. 2012 (t)(r)Grants and aids means the appropriation category 2013 used to fund contributions to units of government or nonstate 2014 entities to be used for one or more specified purposes or 2015 activities. Funds appropriated to units of government and 2016 nonprofit entities under this category may be advanced. 2017 (u)(s)Grants and aids to local governments and nonstate 2018 entities-fixed capital outlay means the appropriation category 2019 used to fund: 2020 1.Grants to local units of governments or nonstate 2021 entities for the acquisition of real property (land, buildings, 2022 including appurtenances, fixtures and fixed equipment, 2023 structures, etc.); additions, replacements, major repairs, and 2024 renovations to real property which materially extend its useful 2025 life or materially improve or change its functional use; and 2026 operating capital outlay necessary to furnish and operate a new 2027 or improved facility; and 2028 2.Grants to local units of government for their respective 2029 infrastructure and growth management needs related to local 2030 government comprehensive plans. 2031 2032 Funds appropriated to local units of government and nonprofit 2033 organizations under this category may be advanced in part or in 2034 whole. 2035 (v)(t)Incentive means a mechanism, as described in s. 2036 216.163, for recognizing the achievement of performance 2037 standards or for motivating performance that exceeds performance 2038 standards. 2039 (x)(u)Independent judgment means an evaluation of actual 2040 needs made separately and apart from the legislative budget 2041 request of any other agency or of the judicial branch, or any 2042 assessments by the Governor. Such evaluation shall not be 2043 limited by revenue estimates of the Revenue Estimating 2044 Conference. 2045 (y)(v)Judicial branch means all officers, employees, and 2046 offices of the Supreme Court, district courts of appeal, circuit 2047 courts, county courts, and the Judicial Qualifications 2048 Commission. 2049 (aa)(w)Legislative branch means the various officers, 2050 committees, and other units of the legislative branch of state 2051 government. 2052 (bb)(x)Legislative budget instructions means the annual 2053 set of instructions developed to assist agencies in submitting 2054 budget requests to the Legislature and to generate information 2055 necessary for budgetary decisionmaking. Such instructions may 2056 include program-based performance budget instructions. 2057 (cc)(y)Legislative budget request means a request to the 2058 Legislature, filed pursuant to s. 216.023, or supplemental 2059 detailed requests filed with the Legislature, for the amounts of 2060 money such agency or branch believes will be needed in the 2061 performance of the functions that it is authorized, or which it 2062 is requesting authorization by law, to perform. 2063 (ee)(z)Long-range program plan means a plan developed 2064 pursuant to s. 216.013. 2065 (ff)(aa)Lump-sum appropriation means the appropriation 2066 category used to fund a specific activity or project which must 2067 be transferred to one or more appropriation categories for 2068 expenditure. 2069 (hh)(bb)Operating capital outlay means the appropriation 2070 category used to fund equipment, fixtures, and other tangible 2071 personal property of a nonconsumable and nonexpendable nature 2072 under s. 273.025. 2073 (ii)(cc)Original approved budget means the approved plan 2074 of operation of an agency or of the judicial branch consistent 2075 with the General Appropriations Act or special appropriations 2076 acts. 2077 (jj)(dd)Other personal services means the appropriation 2078 category used to fund the compensation for services rendered by 2079 a person who is not filling an established position. This 2080 definition includes, but is not limited to, services of 2081 temporary employees, student or graduate assistants, persons on 2082 fellowships, part-time academic employees, board members, and 2083 consultants and other services specifically budgeted by each 2084 agency, or by the judicial branch, in this category. In 2085 distinguishing between payments to be made from salaries and 2086 benefits appropriations and other-personal-services 2087 appropriations: 2088 1.Those persons filling established positions shall be 2089 paid from salaries and benefits appropriations and those persons 2090 performing services for a state agency or for the judicial 2091 branch, but who are not filling established positions, shall be 2092 paid from other-personal-services appropriations. 2093 2.Those persons paid from salaries and benefits 2094 appropriations shall be state officers or employees and shall be 2095 eligible for membership in a state retirement system and those 2096 paid from other-personal-services appropriations shall not be 2097 eligible for such membership. 2098 (kk)(ee)Outcome means an indicator of the actual impact 2099 or public benefit of a program. 2100 (ll)(ff)Output means the actual service or product 2101 delivered by a state agency. 2102 (gg)Mandatory reserve means the reduction of an 2103 appropriation by the Governor or the Legislative Budget 2104 Commission due to an anticipated deficit in a fund, pursuant to 2105 s. 216.221. Action may not be taken to restore a mandatory 2106 reserve either directly or indirectly. 2107 (h)(hh)Budget reserve means the withholding, as 2108 authorized by the Legislature, of an appropriation, or portion 2109 thereof. The need for a budget reserve may exist until certain 2110 conditions set by the Legislature are met by the affected 2111 agency, or such need may exist due to financial or program 2112 changes that have occurred since, and were unforeseen at the 2113 time of, passage of the General Appropriations Act. 2114 (mm)(ii)Performance measure means a quantitative or 2115 qualitative indicator used to assess state agency performance. 2116 (nn)(jj)Program means a set of services and activities 2117 undertaken in accordance with a plan of action organized to 2118 realize identifiable goals and objectives based on legislative 2119 authorization. 2120 (oo)(kk)Program component means an aggregation of 2121 generally related objectives which, because of their special 2122 character, related workload, and interrelated output, can 2123 logically be considered an entity for purposes of organization, 2124 management, accounting, reporting, and budgeting. 2125 (pp)(ll)Proviso means language that qualifies or 2126 restricts a specific appropriation and which can be logically 2127 and directly related to the specific appropriation. 2128 (rr)(mm)Salaries and benefits means the appropriation 2129 category used to fund the monetary or cash-equivalent 2130 compensation for work performed by state employees for a 2131 specific period of time. Benefits shall be as provided by law. 2132 (ss)(nn)Salary means the cash compensation for services 2133 rendered for a specific period of time. 2134 (uu)(oo)Special category means the appropriation 2135 category used to fund amounts appropriated for a specific need 2136 or classification of expenditures. 2137 (vv)(pp)Standard means the level of performance of an 2138 outcome or output. 2139 (ww)(qq)State agency or agency means any official, 2140 officer, commission, board, authority, council, committee, or 2141 department of the executive branch of state government. For 2142 purposes of this chapter and chapter 215, state agency or 2143 agency includes, but is not limited to, state attorneys, 2144 public defenders, criminal conflict and civil regional counsel, 2145 capital collateral regional counsel, the Justice Administrative 2146 Commission, the Florida Housing Finance Corporation, and the 2147 Florida Public Service Commission. Solely for the purposes of 2148 implementing s. 19(h), Art. III of the State Constitution, the 2149 terms state agency or agency include the judicial branch. 2150 (a)(rr)Activity means a unit of work that has 2151 identifiable starting and ending points, consumes resources, and 2152 produces outputs. 2153 (qq)(ss)Qualified expenditure category means the 2154 appropriations category used to fund specific activities and 2155 projects which must be transferred to one or more appropriation 2156 categories for expenditure upon recommendation by the Governor 2157 or Chief Justice, as appropriate, and subject to approval by the 2158 Legislative Budget Commission. The Legislature by law may 2159 provide that a specific portion of the funds appropriated in 2160 this category be transferred to one or more appropriation 2161 categories without approval by the commission and may provide 2162 that requirements or contingencies be satisfied prior to the 2163 transfer. 2164 (w)(tt)Incurred obligation means a legal obligation for 2165 goods or services that have been contracted for, referred to as 2166 an encumbrance in the states financial system, or received or 2167 incurred by the state and referred to as a payable in the 2168 states financial system. 2169 (tt)(uu)Salary rate reserve means the withholding of a 2170 portion of the annual salary rate for a specific purpose. 2171 (z)(vv)Lease or lease-purchase of equipment means the 2172 appropriations category used to fund the lease or lease-purchase 2173 of equipment, fixtures, and other tangible personal property. 2174 (dd)(ww)Long-range financial outlook means a document 2175 issued by the Legislative Budget Commission based on a 3-year 2176 forecast of revenues and expenditures. 2177 (3)For purposes of this chapter, the term: 2178 (c)Statutorily authorized entity means any entity 2179 primarily acting as an instrumentality of the state, any 2180 regulatory or governing body, or any other governmental or 2181 quasi-governmental organization that receives, disburses, 2182 expends, administers, awards, recommends expenditure of, 2183 handles, manages, or has custody or control of funds 2184 appropriated by the Legislature and: 2185 1.Is created, organized, or specifically authorized to be 2186 created or established by general law; or 2187 2.Assists a department, as defined in s. 20.03(8) 2188 20.03(2), or other unit of state government in providing 2189 programs or services on a statewide basis with a statewide 2190 service area or population. 2191 Revisers note.Subsection (1) is amended to place the 2192 definitions in alphabetical order. Paragraph (3)(c) is 2193 amended to conform to the reordering of definitions in s. 2194 20.03 by this act. 2195 Section 55.Paragraphs (b) through (e) of subsection (2), 2196 paragraph (c) of subsection (6), and paragraph (c) of subsection 2197 (8) of section 251.001, Florida Statutes, are amended to read: 2198 251.001Florida State Guard Act. 2199 (2)DEFINITIONS.As used in this section: 2200 (b)The term department means the Department of Military 2201 Affairs. 2202 (c)The term officer means an officer commissioned by the 2203 Governor. 2204 (d)The term organized guard means an organized military 2205 force that is authorized by law. 2206 (e)The term warrant officer means a technical specialist 2207 commissioned as a warrant officer by the Governor. 2208 (6)ACTIVATION OF THE FLORIDA STATE GUARD. 2209 (c)The Florida State Guard shall be deactivated by the 2210 expiration of the order of activation or by a separate order by 2211 the Governor deactivating the Florida State Guard. 2212 (8)EMPLOYMENT PROTECTION, SUSPENSION OF PROCEEDINGS, 2213 LIABILITY, AND WORKERS COMPENSATION. 2214 (c)While activated or in training, members of the Florida 2215 State Guard are considered volunteers for the state, as defined 2216 in s. 440.02(18)(d)6. 440.02(15)(d)6., and are entitled to 2217 workers compensation protections pursuant to chapter 440. 2218 Revisers note.Paragraphs (2)(b) through (e) are amended to 2219 confirm editorial insertions to conform to paragraph 2220 (2)(a), which begins with the words The terms. Paragraph 2221 (6)(c) is amended to confirm an editorial insertion to 2222 improve clarity. Paragraph (8)(c) is amended to conform to 2223 the reordering of definitions in s. 440.02 by this act. 2224 Section 56.Paragraph (u) of subsection (2) of section 2225 252.35, Florida Statutes, is amended to read: 2226 252.35Emergency management powers; Division of Emergency 2227 Management. 2228 (2)The division is responsible for carrying out the 2229 provisions of ss. 252.31-252.90. In performing its duties, the 2230 division shall: 2231 (u)Acquire and maintain a supply of personal protective 2232 equipment owned by the state for use by state agencies and to 2233 assist local governments and the private sector, when determined 2234 to be necessary by the State Coordinating Officer, in meeting 2235 safety needs during a declared emergency. The division shall 2236 conduct regular inventories of the supply, which must include 2237 projections of the need for additional personal protective 2238 equipment, as assessed by each governmental agency, to maintain 2239 the supply and replace expired items. The division shall 2240 maintain and replace the equipment on a standardized schedule 2241 that recognizes equipment expiration and obsolescence. This 2242 paragraph is subject to appropriation. The initial inventory 2243 must be reported annually by December 31, 2021, to the Governor, 2244 the President of the Senate, the Speaker of the House of 2245 Representatives, and the Chief Justice of the Supreme Court and, 2246 thereafter, the inventory must be reported by each December 31 2247 to those officers. 2248 Revisers note.Amended to delete obsolete language. 2249 Section 57.Subsections (11) and (12) of section 282.319, 2250 Florida Statutes, are amended to read: 2251 282.319Florida Cybersecurity Advisory Council. 2252 (11)Beginning June 30, 2022, and Each June 30 thereafter, 2253 the council shall submit to the President of the Senate and the 2254 Speaker of the House of Representatives any legislative 2255 recommendations considered necessary by the council to address 2256 cybersecurity. 2257 (12)Beginning December 1, 2022, and Each December 1 2258 thereafter, the council shall submit to the Governor, the 2259 President of the Senate, and the Speaker of the House of 2260 Representatives a comprehensive report that includes data, 2261 trends, analysis, findings, and recommendations for state and 2262 local action regarding ransomware incidents. At a minimum, the 2263 report must include: 2264 (a)Descriptive statistics including the amount of ransom 2265 requested, the duration of the ransomware incident, and the 2266 overall monetary cost to taxpayers of the ransomware incident. 2267 (b)A detailed statistical analysis of the circumstances 2268 that led to the ransomware incident which does not include the 2269 name of the state agency, county, or municipality; network 2270 information; or system identifying information. 2271 (c)A detailed statistical analysis of the level of 2272 cybersecurity employee training and frequency of data backup for 2273 the state agency, county, or municipality that reported the 2274 ransomware incident. 2275 (d)Specific issues identified with current policies, 2276 procedures, rules, or statutes and recommendations to address 2277 such issues. 2278 (e)Any other recommendations to prevent ransomware 2279 incidents. 2280 Revisers note.Amended to delete obsolete language. 2281 Section 58.Subsection (20) of section 287.012, Florida 2282 Statutes, is amended to read: 2283 287.012Definitions.As used in this part, the term: 2284 (20)Outsource means the process of contracting with a 2285 vendor to provide a service as defined in s. 216.011(1)(g) 2286 216.011(1)(f), in whole or in part, or an activity as defined in 2287 s. 216.011(1)(a) 216.011(1)(rr), while a state agency retains 2288 the responsibility and accountability for the service or 2289 activity and there is a transfer of management responsibility 2290 for the delivery of resources and the performance of those 2291 resources. 2292 Revisers note.Amended to conform to the reordering of 2293 definitions in s. 216.011(1) by this act. 2294 Section 59.Paragraph (c) of subsection (3) and subsection 2295 (18) of section 287.057, Florida Statutes, are amended to read: 2296 287.057Procurement of commodities or contractual 2297 services. 2298 (3)If the purchase price of commodities or contractual 2299 services exceeds the threshold amount provided in s. 287.017 for 2300 CATEGORY TWO, purchase of commodities or contractual services 2301 may not be made without receiving competitive sealed bids, 2302 competitive sealed proposals, or competitive sealed replies 2303 unless: 2304 (c)Commodities or contractual services available only from 2305 a single source may be excepted from the competitive 2306 solicitation requirements. If an agency believes that 2307 commodities or contractual services are available only from a 2308 single source, the agency shall electronically post a 2309 description of the commodities or contractual services sought 2310 for at least 15 business days. The description must include a 2311 request that prospective vendors provide information regarding 2312 their ability to supply the commodities or contractual services 2313 described. If it is determined in writing by the agency, after 2314 reviewing any information received from prospective vendors that 2315 the commodities or contractual services are available only from 2316 a single source, the agency shall provide notice of its intended 2317 decision to enter a single-source purchase contract in the 2318 manner specified in s. 120.57(3). Each agency shall report all 2319 such actions to the department on a quarterly basis in a manner 2320 and form prescribed by the department, and the department shall 2321 report such information to the Governor, the President of the 2322 Senate, and the Speaker of the House of Representatives no later 2323 than January 1, 2022, and each January 1 thereafter. 2324 (18)Any person who supervises contract administrators or 2325 contract or grant managers that meet criteria for certification 2326 in subsection (15) shall annually complete public procurement 2327 training for supervisors within 12 months after appointment to 2328 the supervisory position. The department is responsible for 2329 establishing and disseminating the training course content 2330 required for supervisors and training shall commence no later 2331 than July 1, 2022. 2332 Revisers note.Amended to delete obsolete language. 2333 Section 60.Paragraph (c) of subsection (2) of section 2334 288.101, Florida Statutes, is amended to read: 2335 288.101Florida Job Growth Grant Fund. 2336 (2)The department and Enterprise Florida, Inc., may 2337 identify projects, solicit proposals, and make funding 2338 recommendations to the Governor, who is authorized to approve: 2339 (c)Workforce training grants to support programs at state 2340 colleges and state technical centers that provide participants 2341 with transferable, sustainable workforce skills applicable to 2342 more than a single employer, and for equipment associated with 2343 these programs. The department shall work with CareerSource 2344 Florida, Inc., to ensure programs are offered to the public 2345 based on criteria established by the state college or state 2346 technical center and do not exclude applicants who are 2347 unemployed or underemployed. 2348 Revisers note.Amended to confirm an editorial insertion to 2349 conform to the full name of CareerSource Florida, Inc. 2350 Section 61.Paragraph (b) of subsection (2) and paragraph 2351 (h) of subsection (10) of section 288.9625, Florida Statutes, 2352 are amended to read: 2353 288.9625Institute for Commercialization of Florida 2354 Technology. 2355 (2)The purpose of the institute is to assist, without any 2356 financial support or specific appropriations from the state, in 2357 the commercialization of products developed by the research and 2358 development activities of an innovation business, including, but 2359 not limited to, those defined in s. 288.1089. The institute 2360 shall fulfill its purpose in the best interests of the state. 2361 The institute: 2362 (b)Is not an agency within the meaning of s. 20.03(1) 2363 20.03(11); 2364 (10)The private fund manager: 2365 (h)Is not an agency within the meaning of s. 20.03(1) 2366 20.03(11). 2367 Revisers note.Amended to conform to the reordering of 2368 definitions in s. 20.03 by this act. 2369 Section 62.Subsection (8) of section 290.007, Florida 2370 Statutes, is amended to read: 2371 290.007State incentives available in enterprise zones.The 2372 following incentives are provided by the state to encourage the 2373 revitalization of enterprise zones: 2374 (8)Notwithstanding any law to the contrary, the Public 2375 Service Commission may allow public utilities and 2376 telecommunications companies to grant discounts of up to 50 2377 percent on tariffed rates for services to small businesses 2378 located in an enterprise zone designated pursuant to s. 2379 290.0065. Such discounts may be granted for a period not to 2380 exceed 5 years. For purposes of this subsection, the term 2381 public utility has the same meaning as in s. 366.02(8) 2382 366.02(1) and the term telecommunications company has the same 2383 meaning as in s. 364.02(13). 2384 Revisers note.Amended to conform to the reordering of 2385 definitions in s. 366.02 by s. 27, ch. 2022-4, Laws of 2386 Florida. 2387 Section 63.Subsection (2) of section 295.0185, Florida 2388 Statutes, is amended to read: 2389 295.0185Children of deceased or disabled military 2390 personnel who die or become disabled in Operation Enduring 2391 Freedom or Operation Iraqi Freedom; educational opportunity. 2392 (2)Sections 295.03-295.05 and 1009.40 shall apply. 2393 Revisers note.Amended to confirm an editorial insertion to 2394 conform to usage in this chapter. 2395 Section 64.Subsection (7) of section 295.061, Florida 2396 Statutes, is amended to read: 2397 295.061Active duty servicemembers; death benefits. 2398 (7)Benefits provided under subsection (2) or subsection 2399 (3) shall be paid from the General Revenue Fund. Beginning in 2400 the 2019-2020 fiscal year and continuing Each fiscal year 2401 thereafter, a sum sufficient to pay such benefits is 2402 appropriated from the General Revenue Fund to the Department of 2403 Financial Services for the purposes of paying such benefits. 2404 Revisers note.Amended to delete obsolete language. 2405 Section 65.Subsection (10) of section 322.051, Florida 2406 Statutes, is amended to read: 2407 322.051Identification cards. 2408 (10)Notwithstanding any other provision of this section or 2409 s. 322.21 to the contrary, the department shall issue an 2410 identification card at no charge to a person who is 80 years of 2411 age or of older and whose driving privilege is denied due to 2412 failure to pass a vision test administered pursuant to s. 2413 322.18(5). 2414 Revisers note.Amended to confirm an editorial substitution to 2415 conform to context. 2416 Section 66.Paragraph (f) of subsection (1) of section 2417 322.21, Florida Statutes, is amended to read: 2418 322.21License fees; procedure for handling and collecting 2419 fees. 2420 (1)Except as otherwise provided herein, the fee for: 2421 (f)An original, renewal, or replacement identification 2422 card issued pursuant to s. 322.051 is $25. 2423 1.An applicant who meets any of the following criteria is 2424 exempt from the fee under this paragraph for an original, 2425 renewal, or replacement identification card: 2426 a.The applicant presents a valid Florida voters 2427 registration card to the department and attests that he or she 2428 is experiencing a financial hardship. 2429 b.The applicant presents evidence satisfactory to the 2430 department that he or she is homeless as defined in s. 2431 414.0252(7). 2432 c.The applicant presents evidence satisfactory to the 2433 department that his or her annual income is at or below 100 2434 percent of the federal poverty level. 2435 d.The applicant is a juvenile offender who is in the 2436 custody or under the supervision of the Department of Juvenile 2437 Justice, who is receiving services pursuant to s. 985.461, and 2438 whose identification card is issued by the departments mobile 2439 issuing units. 2440 2.Pursuant to s. 322.051(10), an applicant who is 80 years 2441 of age or of older and whose driving privilege is denied due to 2442 failure to pass a vision test administered pursuant to s. 2443 322.18(5) is exempt from the fee under this paragraph for an 2444 original identification card. 2445 3.Funds collected from fees for original, renewal, or 2446 replacement identification cards shall be distributed as 2447 follows: 2448 a.For an original identification card issued pursuant to 2449 s. 322.051, the fee shall be deposited into the General Revenue 2450 Fund. 2451 b.For a renewal identification card issued pursuant to s. 2452 322.051, $6 shall be deposited into the Highway Safety Operating 2453 Trust Fund, and $19 shall be deposited into the General Revenue 2454 Fund. 2455 c.For a replacement identification card issued pursuant to 2456 s. 322.051, $9 shall be deposited into the Highway Safety 2457 Operating Trust Fund, and $16 shall be deposited into the 2458 General Revenue Fund. Beginning July 1, 2015, or upon completion 2459 of the transition of the driver license issuance services, if 2460 the replacement identification card is issued by the tax 2461 collector, the tax collector shall retain the $9 that would 2462 otherwise be deposited into the Highway Safety Operating Trust 2463 Fund and the remaining revenues shall be deposited into the 2464 General Revenue Fund. 2465 Revisers note.Amended to confirm an editorial substitution to 2466 conform to context. 2467 Section 67.Paragraph (c) of subsection (1) of section 2468 327.371, Florida Statutes, is amended to read: 2469 327.371Human-powered vessels regulated. 2470 (1)A person may operate a human-powered vessel within the 2471 boundaries of the marked channel of the Florida Intracoastal 2472 Waterway as defined in s. 327.02: 2473 (c)When participating in practices or competitions for 2474 interscholastic, intercollegiate, intramural, or club rowing 2475 teams affiliated with an educational institution identified in 2476 s. 1000.21, s. 1002.01(2), s. 1003.01(17) 1003.01(2), s. 2477 1005.02(4), or s. 1005.03(1)(d), if the adjacent area outside of 2478 the marked channel is not suitable for such practice or 2479 competition. The teams must use their best efforts to make use 2480 of the adjacent area outside of the marked channel. The 2481 commission must be notified in writing of the details of any 2482 such competition, and the notification must include, but need 2483 not be limited to, the date, time, and location of the 2484 competition. 2485 Revisers note.Amended to conform to the reordering of 2486 definitions in s. 1003.01 by this act. 2487 Section 68.Subsection (1) of section 327.4108, Florida 2488 Statutes, is amended to read: 2489 327.4108Anchoring of vessels in anchoring limitation 2490 areas. 2491 (1)The following densely populated urban areas, which have 2492 narrow state waterways, residential docking facilities, and 2493 significant recreational boating traffic, are designated as and 2494 shall be considered to be grandfathered-in anchoring limitation 2495 areas, within which a person may not anchor a vessel at any time 2496 during the period between one-half hour after sunset and one 2497 half hour before sunrise, except as provided in subsections (4) 2498 and (5) (3) and (4): 2499 (a)The section of Middle River lying between Northeast 2500 21st Court and the Intracoastal Waterway in Broward County. 2501 (b)Sunset Lake in Miami-Dade County. 2502 (c)The sections of Biscayne Bay in Miami-Dade County lying 2503 between: 2504 1.Rivo Alto Island and Di Lido Island. 2505 2.San Marino Island and San Marco Island. 2506 3.San Marco Island and Biscayne Island. 2507 Revisers note.Amended to confirm an editorial substitution to 2508 conform to the redesignation of subsections by s. 1, ch. 2509 2021-192, Laws of Florida. 2510 Section 69.Subsections (18) through (21) of section 2511 331.303, Florida Statutes, are reordered and amended to read: 2512 331.303Definitions. 2513 (19)(18)Spaceport territory means the geographical area 2514 designated in s. 331.304 and as amended or changed in accordance 2515 with s. 331.329. 2516 (20)(19)Spaceport user means any person who uses the 2517 facilities or services of any spaceport; and, for the purposes 2518 of any exemptions or rights granted under this act, the 2519 spaceport user shall be deemed a spaceport user only during the 2520 time period in which the person has in effect a contract, 2521 memorandum of understanding, or agreement with the spaceport, 2522 and such rights and exemptions shall be granted with respect to 2523 transactions relating only to spaceport projects. 2524 (21)(20)Travel expenses means the actual, necessary, and 2525 reasonable costs of transportation, meals, lodging, and 2526 incidental expenses normally incurred by a traveler, which costs 2527 are defined and prescribed by rules adopted by Space Florida, 2528 subject to approval by the Chief Financial Officer. 2529 (18)(21)Spaceport discretionary capacity improvement 2530 projects means capacity improvements that enhance space 2531 transportation capacity at spaceports that have had one or more 2532 orbital or suborbital flights during the previous calendar year 2533 or have an agreement in writing for installation of one or more 2534 regularly scheduled orbital or suborbital flights upon the 2535 commitment of funds for stipulated spaceport capital 2536 improvements. 2537 Revisers note.Amended to place the definitions in subsections 2538 (18) through (21) in alphabetical order. 2539 Section 70.Subsection (1) of section 331.3101, Florida 2540 Statutes, is amended to read: 2541 331.3101Space Florida; travel and entertainment expenses. 2542 (1)Notwithstanding the provisions of s. 112.061, Space 2543 Florida shall adopt rules by which it may make expenditures by 2544 advancement or reimbursement, or a combination thereof, to Space 2545 Florida officers and employees; reimburse business clients, 2546 guests, and authorized persons as defined in s. 112.061(2)(c) 2547 112.061(2)(e); and make direct payments to third-party vendors: 2548 (a)For travel expenses of such business clients, guests, 2549 and authorized persons incurred by Space Florida in connection 2550 with the performance of its statutory duties, and for travel 2551 expenses incurred by state officials and state employees while 2552 accompanying such business clients, guests, or authorized 2553 persons or when authorized by the board or its designee. 2554 (b)For entertainment expenses of such guests, business 2555 clients, and authorized persons incurred by Space Florida in 2556 connection with the performance of its statutory duties, and for 2557 entertainment expenses incurred for Space Florida officials and 2558 employees when such expenses are incurred while in the physical 2559 presence of such business clients, guests, or authorized 2560 persons. 2561 Revisers note.Amended to conform to the reordering of 2562 definitions in s. 112.061(2) by this act. 2563 Section 71.Subsection (5) of section 332.0075, Florida 2564 Statutes, is amended to read: 2565 332.0075Commercial service airports; transparency and 2566 accountability; penalty. 2567 (5)(a)Beginning November 1, 2021, and Each November 1 2568 thereafter, the governing body of each commercial service 2569 airport shall submit the following information to the 2570 department: 2571 1.Its approved budget for the current fiscal year. 2572 2.Any financial reports submitted to the Federal Aviation 2573 Administration during the previous calendar year. 2574 3.A link to its website. 2575 4.A statement, verified as provided in s. 92.525, that it 2576 has complied with part III of chapter 112, chapter 287, and this 2577 section. 2578 (b)The department shall review the information submitted 2579 by the governing body of the commercial service airport and 2580 posted on the airports website to determine the accuracy of 2581 such information. Beginning January 15, 2022, and Each January 2582 15 thereafter, the department shall submit to the Governor, the 2583 President of the Senate, and the Speaker of the House of 2584 Representatives a report summarizing commercial service airport 2585 compliance with this section. 2586 Revisers note.Amended to delete obsolete language. 2587 Section 72.Section 337.023, Florida Statutes, is amended 2588 to read: 2589 337.023Sale of building; acceptance of replacement 2590 building.Notwithstanding the provisions of s. 216.292(4)(c) 2591 216.292(2)(b)2., if the department sells a building, the 2592 department may accept the construction of a replacement 2593 building, in response to a request for proposals, totally or 2594 partially in lieu of cash, and may do so without a specific 2595 legislative appropriation. Such action is subject to the 2596 approval of the Executive Office of the Governor, and is subject 2597 to the notice, review, and objection procedures under s. 2598 216.177. The replacement building shall be consistent with the 2599 current and projected needs of the department as agreed upon by 2600 the department and the Department of Management Services. 2601 Revisers note.Amended to correct a cross-reference to conform 2602 to the location of the referenced subject matter at the 2603 time s. 337.023 was created by s. 51, ch. 97-278, Laws of 2604 Florida. Section 216.292(4)(b), Florida Statutes 1997, 2605 related to a request for transfer of excess funds when the 2606 appropriated money for the named fixed capital outlay 2607 project was found to be more than needed to complete the 2608 project. That language is currently found at s. 2609 216.292(4)(c). 2610 Section 73.Paragraph (c) of subsection (1) of section 2611 348.0305, Florida Statutes, is amended to read: 2612 348.0305Ethics requirements. 2613 (1)Notwithstanding any other provision of law to the 2614 contrary, members and employees of the agency are subject to 2615 part III of chapter 112. As used in this section, the term: 2616 (c)Lobbyist means a person who is employed and receives 2617 payment, or who contracts for economic consideration, to lobby 2618 or a person who is principally employed for governmental affairs 2619 by another person or entity to lobby on behalf of such person or 2620 entity. The term does not include a person who: 2621 1.Represents a client in a judicial proceeding or in a 2622 formal administrative proceeding before the agency. 2623 2.Is an officer or employee of any governmental entity 2624 acting in the normal course of his or her duties. 2625 3.Consults under contract with the agency and communicates 2626 with the agency regarding issues related to the scope of 2627 services in his or her contract. 2628 4.Is an expert witness who is retained or employed by an 2629 employer, principal, or client to provide only scientific, 2630 technical, or other specialized information provided in agenda 2631 materials or testimony only in public hearings, provided the 2632 expert identifies such employer, principal, or client at such 2633 hearing. 2634 5.Seeks to procure a contract that is less than $20,000 or 2635 a contract pursuant to s. 287.056. 2636 Revisers note.Amended to improve clarity. 2637 Section 74.Subsection (5) of section 373.0363, Florida 2638 Statutes, is amended to read: 2639 373.0363Southern Water Use Caution Area Recovery 2640 Strategy. 2641 (5)As part of the consolidated annual report required 2642 pursuant to s. 373.036(7), the district may include: 2643 (a)A summary of the conditions of the Southern Water Use 2644 Caution Area, including the status of the components of the 2645 West-Central Florida Water Restoration Action Plan. 2646 (b)An annual accounting of the expenditure of funds. The 2647 accounting must, at a minimum, provide details of expenditures 2648 separately by plan component and any subparts of a plan 2649 component, and include specific information about amount and use 2650 of funds from federal, state, and local government sources. In 2651 detailing the use of these funds, the district shall indicate 2652 those funds that are designated to meet requirements for 2653 matching funds. 2654 Revisers note.Amended to improve clarity. 2655 Section 75.Paragraph (b) of subsection (2) of section 2656 377.814, Florida Statutes, is amended to read: 2657 377.814Municipal Solid Waste-to-Energy Program. 2658 (2)DEFINITIONS.For purposes of this section, the term: 2659 (b)Municipal solid waste-to-energy facility means a 2660 publicly owned facility that uses an enclosed device using 2661 controlled combustion to thermally break down solid waste to an 2662 ash residue that contains little or no combustible material and 2663 that produces electricity, steam, or other energy as a result. 2664 The term does not include facilities that primarily burn fuels 2665 other than solid waste even if such facilities also burn some 2666 solid waste as a fuel supplement. The term also does not include 2667 facilities that primarily burn vegetative, agricultural, or 2668 silvicultural wastes, bagasse, clean dry wood, methane or other 2669 landfill gas, wood fuel derived from construction or demolition 2670 debris, or waste tires, alone or in combination with fossil 2671 fuels. 2672 Revisers note.Amended to confirm an editorial insertion to 2673 improve clarity. 2674 Section 76.Paragraph (d) of subsection (2) of section 2675 379.2273, Florida Statutes, is amended to read: 2676 379.2273Florida Red Tide Mitigation and Technology 2677 Development Initiative; Initiative Technology Advisory Council. 2678 (2)The Florida Red Tide Mitigation and Technology 2679 Development Initiative is established as a partnership between 2680 the Fish and Wildlife Research Institute within the commission 2681 and Mote Marine Laboratory. 2682 (d)Beginning January 15, 2021, and Each January 15 2683 thereafter until its expiration, the initiative shall submit a 2684 report that contains an overview of its accomplishments to date 2685 and priorities for subsequent years to the Governor, the 2686 President of the Senate, the Speaker of the House of 2687 Representatives, the Secretary of Environmental Protection, and 2688 the executive director of the Fish and Wildlife Conservation 2689 Commission. 2690 Revisers note.Amended to delete obsolete language. 2691 Section 77.Paragraph (c) of subsection (1) of section 2692 381.00319, Florida Statutes, is amended to read: 2693 381.00319Prohibition on COVID-19 vaccination mandates for 2694 students. 2695 (1)For purposes of this section, the term: 2696 (c)Parent has the same meaning as in s. 1000.21(6) 2697 1000.21(5). 2698 Revisers note.Amended to conform to the reordering of 2699 definitions in s. 1000.21 by this act. 2700 Section 78.Paragraph (e) of subsection (4) of section 2701 381.0065, Florida Statutes, is amended to read: 2702 381.0065Onsite sewage treatment and disposal systems; 2703 regulation. 2704 (4)PERMITS; INSTALLATION; CONDITIONS.A person may not 2705 construct, repair, modify, abandon, or operate an onsite sewage 2706 treatment and disposal system without first obtaining a permit 2707 approved by the department. The department may issue permits to 2708 carry out this section, except that the issuance of a permit for 2709 work seaward of the coastal construction control line 2710 established under s. 161.053 shall be contingent upon receipt of 2711 any required coastal construction control line permit from the 2712 department. A construction permit is valid for 18 months after 2713 the date of issuance and may be extended by the department for 2714 one 90-day period under rules adopted by the department. A 2715 repair permit is valid for 90 days after the date of issuance. 2716 An operating permit must be obtained before the use of any 2717 aerobic treatment unit or if the establishment generates 2718 commercial waste. Buildings or establishments that use an 2719 aerobic treatment unit or generate commercial waste shall be 2720 inspected by the department at least annually to assure 2721 compliance with the terms of the operating permit. The operating 2722 permit for a commercial wastewater system is valid for 1 year 2723 after the date of issuance and must be renewed annually. The 2724 operating permit for an aerobic treatment unit is valid for 2 2725 years after the date of issuance and must be renewed every 2 2726 years. If all information pertaining to the siting, location, 2727 and installation conditions or repair of an onsite sewage 2728 treatment and disposal system remains the same, a construction 2729 or repair permit for the onsite sewage treatment and disposal 2730 system may be transferred to another person, if the transferee 2731 files, within 60 days after the transfer of ownership, an 2732 amended application providing all corrected information and 2733 proof of ownership of the property. A fee is not associated with 2734 the processing of this supplemental information. A person may 2735 not contract to construct, modify, alter, repair, service, 2736 abandon, or maintain any portion of an onsite sewage treatment 2737 and disposal system without being registered under part III of 2738 chapter 489. A property owner who personally performs 2739 construction, maintenance, or repairs to a system serving his or 2740 her own owner-occupied single-family residence is exempt from 2741 registration requirements for performing such construction, 2742 maintenance, or repairs on that residence, but is subject to all 2743 permitting requirements. A municipality or political subdivision 2744 of the state may not issue a building or plumbing permit for any 2745 building that requires the use of an onsite sewage treatment and 2746 disposal system unless the owner or builder has received a 2747 construction permit for such system from the department. A 2748 building or structure may not be occupied and a municipality, 2749 political subdivision, or any state or federal agency may not 2750 authorize occupancy until the department approves the final 2751 installation of the onsite sewage treatment and disposal system. 2752 A municipality or political subdivision of the state may not 2753 approve any change in occupancy or tenancy of a building that 2754 uses an onsite sewage treatment and disposal system until the 2755 department has reviewed the use of the system with the proposed 2756 change, approved the change, and amended the operating permit. 2757 (e)The department shall adopt rules relating to the 2758 location of onsite sewage treatment and disposal systems, 2759 including establishing setback distances, to prevent groundwater 2760 contamination and surface water contamination and to preserve 2761 the public health. The rulemaking process for such rules must be 2762 completed by July 1, 2022, and the department shall notify the 2763 Division of Law Revision of the date such rules take effect. The 2764 rules must consider conventional and enhanced nutrient-reducing 2765 onsite sewage treatment and disposal system designs, impaired or 2766 degraded water bodies, domestic wastewater and drinking water 2767 infrastructure, potable water sources, nonpotable wells, 2768 stormwater infrastructure, the onsite sewage treatment and 2769 disposal system remediation plans developed pursuant to s. 2770 403.067(7)(a)9.b., nutrient pollution, and the recommendations 2771 of the onsite sewage treatment and disposal systems technical 2772 advisory committee established pursuant to s. 381.00652. The 2773 rules must also allow a person to apply for and receive a 2774 variance from a rule requirement upon demonstration that the 2775 requirement would cause an undue hardship and granting the 2776 variance would not cause or contribute to the exceedance of a 2777 total maximum daily load. 2778 Revisers note.Amended to confirm the deletion of obsolete 2779 language to conform to the Department of Environmental 2780 Protections notification to the Division of Law Revision 2781 that the rules became effective June 21, 2022. 2782 Section 79.Paragraph (k) of subsection (3) of section 2783 383.145, Florida Statutes, is amended to read: 2784 383.145Newborn and infant hearing screening. 2785 (3)REQUIREMENTS FOR SCREENING OF NEWBORNS; INSURANCE 2786 COVERAGE; REFERRAL FOR ONGOING SERVICES. 2787 (k)The initial procedure for screening the hearing of the 2788 newborn or infant and any medically necessary follow-up 2789 reevaluations leading to diagnosis shall be a covered benefit 2790 for Medicaid patients covered by a fee-for-service program. For 2791 Medicaid patients enrolled in HMOs, providers shall be 2792 reimbursed directly by the Medicaid Program Office at the 2793 Medicaid rate. This service may not be considered a covered 2794 service for the purposes of establishing the payment rate for 2795 Medicaid HMOs. All health insurance policies and health 2796 maintenance organizations as provided under ss. 627.6416, 2797 627.6579, and 641.31(30), except for supplemental policies that 2798 only provide coverage for specific diseases, hospital indemnity, 2799 or Medicare supplement, or to the supplemental policies polices, 2800 shall compensate providers for the covered benefit at the 2801 contracted rate. Nonhospital-based providers are eligible to 2802 bill Medicaid for the professional and technical component of 2803 each procedure code. 2804 Revisers note.Amended to confirm an editorial substitution to 2805 conform to context. 2806 Section 80.Section 394.4573, Florida Statutes, is amended 2807 to read: 2808 394.4573Coordinated system of care; annual assessment; 2809 essential elements; measures of performance; system improvement 2810 grants; reports.On or before December 1 of each year, the 2811 department shall submit to the Governor, the President of the 2812 Senate, and the Speaker of the House of Representatives an 2813 assessment of the behavioral health services in this state. The 2814 assessment shall consider, at a minimum, the extent to which 2815 designated receiving systems function as no-wrong-door models, 2816 the availability of treatment and recovery services that use 2817 recovery-oriented and peer-involved approaches, the availability 2818 of less-restrictive services, and the use of evidence-informed 2819 practices. The assessment shall also consider the availability 2820 of and access to coordinated specialty care programs and 2821 identify any gaps in the availability of and access to such 2822 programs in the state. The departments assessment shall 2823 consider, at a minimum, the needs assessments conducted by the 2824 managing entities pursuant to s. 394.9082(5). Beginning in 2017, 2825 The department shall compile and include in the report all plans 2826 submitted by managing entities pursuant to s. 394.9082(8) and 2827 the departments evaluation of each plan. 2828 (1)As used in this section: 2829 (a)Care coordination means the implementation of 2830 deliberate and planned organizational relationships and service 2831 procedures that improve the effectiveness and efficiency of the 2832 behavioral health system by engaging in purposeful interactions 2833 with individuals who are not yet effectively connected with 2834 services to ensure service linkage. Examples of care 2835 coordination activities include development of referral 2836 agreements, shared protocols, and information exchange 2837 procedures. The purpose of care coordination is to enhance the 2838 delivery of treatment services and recovery supports and to 2839 improve outcomes among priority populations. 2840 (b)Case management means those direct services provided 2841 to a client in order to assess his or her needs, plan or arrange 2842 services, coordinate service providers, link the service system 2843 to a client, monitor service delivery, and evaluate patient 2844 outcomes to ensure the client is receiving the appropriate 2845 services. 2846 (c)Coordinated system of care means the full array of 2847 behavioral and related services in a region or community offered 2848 by all service providers, whether participating under contract 2849 with the managing entity or by another method of community 2850 partnership or mutual agreement. 2851 (d)No-wrong-door model means a model for the delivery of 2852 acute care services to persons who have mental health or 2853 substance use disorders, or both, which optimizes access to 2854 care, regardless of the entry point to the behavioral health 2855 care system. 2856 (2)The essential elements of a coordinated system of care 2857 include: 2858 (a)Community interventions, such as prevention, primary 2859 care for behavioral health needs, therapeutic and supportive 2860 services, crisis response services, and diversion programs. 2861 (b)A designated receiving system that consists of one or 2862 more facilities serving a defined geographic area and 2863 responsible for assessment and evaluation, both voluntary and 2864 involuntary, and treatment or triage of patients who have a 2865 mental health or substance use disorder, or co-occurring 2866 disorders. 2867 1.A county or several counties shall plan the designated 2868 receiving system using a process that includes the managing 2869 entity and is open to participation by individuals with 2870 behavioral health needs and their families, service providers, 2871 law enforcement agencies, and other parties. The county or 2872 counties, in collaboration with the managing entity, shall 2873 document the designated receiving system through written 2874 memoranda of agreement or other binding arrangements. The county 2875 or counties and the managing entity shall complete the plan and 2876 implement the designated receiving system by July 1, 2017, and 2877 the county or counties and the managing entity shall review and 2878 update, as necessary, the designated receiving system at least 2879 once every 3 years. 2880 2.To the extent permitted by available resources, the 2881 designated receiving system shall function as a no-wrong-door 2882 model. The designated receiving system may be organized in any 2883 manner which functions as a no-wrong-door model that responds to 2884 individual needs and integrates services among various 2885 providers. Such models include, but are not limited to: 2886 a.A central receiving system that consists of a designated 2887 central receiving facility that serves as a single entry point 2888 for persons with mental health or substance use disorders, or 2889 co-occurring disorders. The central receiving facility shall be 2890 capable of assessment, evaluation, and triage or treatment or 2891 stabilization of persons with mental health or substance use 2892 disorders, or co-occurring disorders. 2893 b.A coordinated receiving system that consists of multiple 2894 entry points that are linked by shared data systems, formal 2895 referral agreements, and cooperative arrangements for care 2896 coordination and case management. Each entry point shall be a 2897 designated receiving facility and shall, within existing 2898 resources, provide or arrange for necessary services following 2899 an initial assessment and evaluation. 2900 c.A tiered receiving system that consists of multiple 2901 entry points, some of which offer only specialized or limited 2902 services. Each service provider shall be classified according to 2903 its capabilities as either a designated receiving facility or 2904 another type of service provider, such as a triage center, a 2905 licensed detoxification facility, or an access center. All 2906 participating service providers shall, within existing 2907 resources, be linked by methods to share data, formal referral 2908 agreements, and cooperative arrangements for care coordination 2909 and case management. 2910 2911 An accurate inventory of the participating service providers 2912 which specifies the capabilities and limitations of each 2913 provider and its ability to accept patients under the designated 2914 receiving system agreements and the transportation plan 2915 developed pursuant to this section shall be maintained and made 2916 available at all times to all first responders in the service 2917 area. 2918 (c)Transportation in accordance with a plan developed 2919 under s. 394.462. 2920 (d)Crisis services, including mobile response teams, 2921 crisis stabilization units, addiction receiving facilities, and 2922 detoxification facilities. 2923 (e)Case management. Each case manager or person directly 2924 supervising a case manager who provides Medicaid-funded targeted 2925 case management services shall hold a valid certification from a 2926 department-approved credentialing entity as defined in s. 2927 397.311(10) by July 1, 2017, and, thereafter, within 6 months 2928 after hire. 2929 (f)Care coordination that involves coordination with other 2930 local systems and entities, public and private, which are 2931 involved with the individual, such as primary care, child 2932 welfare, behavioral health care, and criminal and juvenile 2933 justice organizations. 2934 (g)Outpatient services. 2935 (h)Residential services. 2936 (i)Hospital inpatient care. 2937 (j)Aftercare and other postdischarge services. 2938 (k)Medication-assisted treatment and medication 2939 management. 2940 (l)Recovery support, including, but not limited to, the 2941 use of peer specialists to assist in the individuals recovery 2942 from a substance use disorder or mental illness; support for 2943 competitive employment, educational attainment, independent 2944 living skills development, family support and education, 2945 wellness management, and self-care; and assistance in obtaining 2946 housing that meets the individuals needs. Such housing may 2947 include mental health residential treatment facilities, limited 2948 mental health assisted living facilities, adult family care 2949 homes, and supportive housing. Housing provided using state 2950 funds must provide a safe and decent environment free from abuse 2951 and neglect. 2952 (m)Care plans shall assign specific responsibility for 2953 initial and ongoing evaluation of the supervision and support 2954 needs of the individual and the identification of housing that 2955 meets such needs. For purposes of this paragraph, the term 2956 supervision means oversight of and assistance with compliance 2957 with the clinical aspects of an individuals care plan. 2958 (n)Coordinated specialty care programs. 2959 (3)Subject to a specific appropriation by the Legislature, 2960 the department may award system improvement grants to managing 2961 entities based on a detailed plan to enhance services in 2962 accordance with the no-wrong-door model as defined in subsection 2963 (1) and to address specific needs identified in the assessment 2964 prepared by the department pursuant to this section. Such a 2965 grant must be awarded through a performance-based contract that 2966 links payments to the documented and measurable achievement of 2967 system improvements. 2968 Revisers note.Amended to delete obsolete language. 2969 Section 81.Paragraph (d) of subsection (5) of section 2970 394.459, Florida Statutes, is amended to read: 2971 394.459Rights of patients. 2972 (5)COMMUNICATION, ABUSE REPORTING, AND VISITS. 2973 (d)If a patients right to communicate with outside 2974 persons; receive, send, or mail sealed, unopened correspondence; 2975 or receive visitors is restricted by the facility, written 2976 notice of such restriction and the reasons for the restriction 2977 shall be served on the patient, the patients attorney, and the 2978 patients guardian, guardian advocate, or representative.; A 2979 qualified professional must document any restriction within 24 2980 hours, and such restriction shall be recorded on the patients 2981 clinical record with the reasons therefor. The restriction of a 2982 patients right to communicate or to receive visitors shall be 2983 reviewed at least every 3 days. The right to communicate or 2984 receive visitors shall not be restricted as a means of 2985 punishment. Nothing in this paragraph shall be construed to 2986 limit the provisions of paragraph (e). 2987 Revisers note.Amended to improve sentence structure. 2988 Section 82.Subsection (1) of section 394.9086, Florida 2989 Statutes, is amended to read: 2990 394.9086Commission on Mental Health and Substance Abuse. 2991 (1)CREATION.The Commission on Mental Health and Substance 2992 Abuse, a commission as defined in s. 20.03(4) 20.03(10), is 2993 created adjunct to the department. The department shall provide 2994 administrative and staff support services relating to the 2995 functions of the commission. 2996 Revisers note.Amended to conform to the reordering of 2997 definitions in s. 20.03 by this act. 2998 Section 83.Subsection (2) and paragraph (d) of subsection 2999 (3) of section 395.1041, Florida Statutes, are amended to read: 3000 395.1041Access to and ensurance of emergency services; 3001 transfers; patient rights; diversion programs; reports of 3002 controlled substance overdoses. 3003 (2)INVENTORY OF HOSPITAL EMERGENCY SERVICES.The agency 3004 shall establish and maintain an inventory of hospitals with 3005 emergency services. The inventory shall list all services within 3006 the service capability of the hospital, and such services shall 3007 appear on the face of the hospital license. Each hospital having 3008 emergency services shall notify the agency of its service 3009 capability in the manner and form prescribed by the agency. The 3010 agency shall use the inventory to assist emergency medical 3011 services providers and others in locating appropriate emergency 3012 medical care. The inventory shall also be made available to the 3013 general public. On or before August 1, 1992, the agency shall 3014 request that each hospital identify the services which are 3015 within its service capability. On or before November 1, 1992, 3016 the agency shall notify each hospital of the service capability 3017 to be included in the inventory. The hospital has 15 days from 3018 the date of receipt to respond to the notice. By December 1, 3019 1992, the agency shall publish a final inventory. Each hospital 3020 shall reaffirm its service capability when its license is 3021 renewed and shall notify the agency of the addition of a new 3022 service or the termination of a service prior to a change in its 3023 service capability. 3024 (3)EMERGENCY SERVICES; DISCRIMINATION; LIABILITY OF 3025 FACILITY OR HEALTH CARE PERSONNEL. 3026 (d)1.Every hospital shall ensure the provision of services 3027 within the service capability of the hospital, at all times, 3028 either directly or indirectly through an arrangement with 3029 another hospital, through an arrangement with one or more 3030 physicians, or as otherwise made through prior arrangements. A 3031 hospital may enter into an agreement with another hospital for 3032 purposes of meeting its service capability requirement, and 3033 appropriate compensation or other reasonable conditions may be 3034 negotiated for these backup services. 3035 2.If any arrangement requires the provision of emergency 3036 medical transportation, such arrangement must be made in 3037 consultation with the applicable provider and may not require 3038 the emergency medical service provider to provide transportation 3039 that is outside the routine service area of that provider or in 3040 a manner that impairs the ability of the emergency medical 3041 service provider to timely respond to prehospital emergency 3042 calls. 3043 3.A hospital shall not be required to ensure service 3044 capability at all times as required in subparagraph 1. if, prior 3045 to the receiving of any patient needing such service capability, 3046 such hospital has demonstrated to the agency that it lacks the 3047 ability to ensure such capability and it has exhausted all 3048 reasonable efforts to ensure such capability through backup 3049 arrangements. In reviewing a hospitals demonstration of lack of 3050 ability to ensure service capability, the agency shall consider 3051 factors relevant to the particular case, including the 3052 following: 3053 a.Number and proximity of hospitals with the same service 3054 capability. 3055 b.Number, type, credentials, and privileges of 3056 specialists. 3057 c.Frequency of procedures. 3058 d.Size of hospital. 3059 4.The agency shall publish proposed rules implementing a 3060 reasonable exemption procedure by November 1, 1992. Subparagraph 3061 1. shall become effective upon the effective date of said rules 3062 or January 31, 1993, whichever is earlier. For a period not to 3063 exceed 1 year from the effective date of subparagraph 1., a 3064 hospital requesting an exemption shall be deemed to be exempt 3065 from offering the service until the agency initially acts to 3066 deny or grant the original request. The agency has 45 days from 3067 the date of receipt of the request to approve or deny the 3068 request. After the first year from the effective date of 3069 subparagraph 1., if the agency fails to initially act within the 3070 time period, the hospital is deemed to be exempt from offering 3071 the service until the agency initially acts to deny the request. 3072 Revisers note.Amended to delete obsolete language. 3073 Section 84.Subsection (5) of section 395.1065, Florida 3074 Statutes, is amended to read: 3075 395.1065Criminal and administrative penalties; 3076 moratorium. 3077 (5)The agency shall impose a fine of $500 for each 3078 instance of the facilitys failure to provide the information 3079 required by rules adopted pursuant to s. 395.1055(1)(g) 3080 395.1055(1)(f). 3081 Revisers note.Amended to correct an erroneous cross-reference 3082 in the amendment by s. 15, ch. 2022-5, Laws of Florida. 3083 Section 85.Paragraph (r) of subsection (1) of section 3084 400.141, Florida Statutes, is amended to read: 3085 400.141Administration and management of nursing home 3086 facilities. 3087 (1)Every licensed facility shall comply with all 3088 applicable standards and rules of the agency and shall: 3089 (r)Maintain in the medical record for each resident a 3090 daily chart of direct care services provided to the resident. 3091 The direct care staff caring for the resident must complete this 3092 record by the end of his or her shift. This record must indicate 3093 assistance with activities of daily living, assistance with 3094 eating, and assistance with drinking, and must record each 3095 offering of nutrition and hydration for those residents whose 3096 plan of care or assessment indicates a risk for malnutrition or 3097 dehydration. 3098 Revisers note.Amended to confirm the editorial reinsertion of 3099 the word and, which was deleted as part of the amendment 3100 by s. 5, ch. 2022-61, Laws of Florida, for clarity. 3101 Section 86.Subsection (20) of section 401.23, Florida 3102 Statutes, is amended to read: 3103 401.23Definitions.As used in this part, the term: 3104 (20)Physician means a practitioner who is licensed under 3105 the provisions of chapter 458 or chapter 459. For the purpose of 3106 providing medical direction subsection (14) for the treatment of 3107 patients immediately before or during transportation to a United 3108 States Department of Veterans Affairs medical facility, 3109 physician also means a practitioner employed by the United 3110 States Department of Veterans Affairs. 3111 Revisers note.Amended to confirm an editorial deletion to 3112 correct an apparent coding error in s. 1, ch. 2022-35, Laws 3113 of Florida. 3114 Section 87.Paragraph (c) of subsection (3) of section 3115 409.1465, Florida Statutes, is amended to read: 3116 409.1465Grants to address the needs of fathers. 3117 (3)The department shall prioritize applicants for a grant 3118 specified under subsection (2) based on: 3119 (c)Applicant involvement, current and historical, 3120 involvement in the community being served. 3121 Revisers note.Amended to improve clarity. 3122 Section 88.Paragraph (b) of subsection (7) of section 3123 409.147, Florida Statutes, is amended to read: 3124 409.147Childrens initiatives. 3125 (7)CHILDRENS INITIATIVE CORPORATION. 3126 (b)The Ounce of Prevention must provide technical 3127 assistance to the corporation to facilitate achievement of the 3128 plans created under subsection (6). 3129 Revisers note.Amended to confirm an editorial deletion to 3130 conform to paragraph (3)(b) of this section, which defines 3131 the term Ounce as meaning the Ounce of Prevention Fund of 3132 Florida, Inc. 3133 Section 89.Subsection (2) of section 409.1664, Florida 3134 Statutes, is amended to read: 3135 409.1664Adoption benefits for qualifying adoptive 3136 employees of state agencies, veterans, servicemembers, and law 3137 enforcement officers. 3138 (2)A qualifying adoptive employee, veteran, or 3139 servicemember who adopts a child within the child welfare system 3140 who is difficult to place as described in s. 409.166(2)(d)2. is 3141 eligible to receive a lump-sum monetary benefit in the amount of 3142 $10,000 per such child, subject to applicable taxes. A law 3143 enforcement officer who adopts a child within the child welfare 3144 system who is difficult to place as has special needs described 3145 in s. 409.166(2)(d)2. 409.166(2)(a)2. is eligible to receive a 3146 lump-sum monetary benefit in the amount of $25,000 per such 3147 child, subject to applicable taxes. A qualifying adoptive 3148 employee, veteran, or servicemember who adopts a child within 3149 the child welfare system who is not difficult to place as 3150 described in s. 409.166(2)(d)2. is eligible to receive a lump 3151 sum monetary benefit in the amount of $5,000 per such child, 3152 subject to applicable taxes. A law enforcement officer who 3153 adopts a child within the child welfare system who is not 3154 difficult to place as does not have special needs described in 3155 s. 409.166(2)(d)2. 409.166(2)(a)2. is eligible to receive a 3156 lump-sum monetary benefit in the amount of $10,000 per each such 3157 child, subject to applicable taxes. A qualifying adoptive 3158 employee of a charter school or the Florida Virtual School may 3159 retroactively apply for the monetary benefit provided in this 3160 subsection if such employee was employed by a charter school or 3161 the Florida Virtual School when he or she adopted a child within 3162 the child welfare system pursuant to chapter 63 on or after July 3163 1, 2015. A veteran or servicemember may apply for the monetary 3164 benefit provided in this subsection if he or she is domiciled in 3165 this state and adopts a child within the child welfare system 3166 pursuant to chapter 63 on or after July 1, 2020. A law 3167 enforcement officer may apply for the monetary benefit provided 3168 in this subsection if he or she is domiciled in this state and 3169 adopts a child within the child welfare system pursuant to 3170 chapter 63 on or after July 1, 2022. 3171 (a)Benefits paid to a qualifying adoptive employee who is 3172 a part-time employee must be prorated based on the qualifying 3173 adoptive employees full-time equivalency at the time of 3174 applying for the benefits. 3175 (b)Monetary benefits awarded under this subsection are 3176 limited to one award per adopted child within the child welfare 3177 system. 3178 (c)The payment of a lump-sum monetary benefit for adopting 3179 a child within the child welfare system under this section is 3180 subject to a specific appropriation to the department for such 3181 purpose. 3182 Revisers note.Amended to confirm editorial substitutions 3183 required to compile amendments by s. 3, ch. 2022-23, Laws 3184 of Florida, and s. 5, ch. 2022-55, Laws of Florida. 3185 Section 90.Subsections (3) and (4) of section 409.2557, 3186 Florida Statutes, are amended to read: 3187 409.2557State agency for administering child support 3188 enforcement program. 3189 (3)SPECIFIC RULEMAKING AUTHORITY.The department has the 3190 authority to adopt rules pursuant to ss. 120.536(1) and 120.54 3191 to implement all laws administered by the department in its 3192 capacity as the Title IV-D agency for this state including, but 3193 not limited to, the following: 3194 (a)Background screening of department employees and 3195 applicants, including criminal records checks; 3196 (b)Confidentiality and retention of department records; 3197 access to records; record requests; 3198 (c)Department trust funds; 3199 (d)Federal funding procedures; 3200 (e)Agreements with law enforcement and other state 3201 agencies; National Crime Information Center (NCIC) access; 3202 Parent Locator Service access; 3203 (f)Written agreements entered into between the department 3204 and support obligors in establishment, enforcement, and 3205 modification proceedings; 3206 (g)Procurement of services by the department, pilot 3207 programs, and demonstration projects; 3208 (h)Management of cases by the department involving any 3209 documentation or procedures required by federal or state law, 3210 including, but not limited to, cooperation; review and 3211 adjustment; audits; interstate actions; diligent efforts for 3212 service of process; 3213 (i)Department procedures for orders for genetic testing; 3214 subpoenas to establish, enforce, or modify orders; increasing 3215 the amount of monthly obligations to secure delinquent support; 3216 suspending or denying driver and professional licenses and 3217 certificates; fishing and hunting license suspensions; 3218 suspending vehicle and vessel registrations; screening 3219 applicants for new or renewal licenses, registrations, or 3220 certificates; income deduction; credit reporting and accessing; 3221 tax refund intercepts; passport denials; liens; financial 3222 institution data matches; expedited procedures; medical support; 3223 and all other responsibilities of the department as required by 3224 state or federal law; 3225 (j)Collection and disbursement of support and alimony 3226 payments by the department as required by federal law; 3227 collection of genetic testing costs and other costs awarded by 3228 the court; 3229 (k)Report information to and receive information from 3230 other agencies and entities; 3231 (l)Provide location services, including accessing from and 3232 reporting to federal and state agencies; 3233 (m)Privatizing location, establishment, enforcement, 3234 modification, and other functions; 3235 (n)State case registry; 3236 (o)State disbursement unit; 3237 (p)Administrative proceedings to establish paternity or 3238 establish paternity and child support, orders to appear for 3239 genetic testing, and administrative proceedings to establish 3240 child support obligations; and 3241 (q)All other responsibilities of the department as 3242 required by state or federal law. 3243 (4)The department shall establish on its website a 3244 dedicated web page that provides information to obligors who 3245 have difficulty paying child support due to economic hardship. 3246 There must be a link to such web page on the main child support 3247 web page. The web page must be in plain language and include, at 3248 a minimum, information on how an obligor can modify a child 3249 support order, information on how to access services from 3250 CareerSource Florida, Inc., and the organizations awarded grants 3251 under s. 409.25996, and a link to the website for CareerSource 3252 Florida, Inc. 3253 Revisers note.Subsection (3) is amended to conform to the fact 3254 that all other subsections in s. 409.2557 do not have 3255 subsection catchlines. Subsection (4) is amended to confirm 3256 the editorial insertion of the word Inc. to conform to 3257 the full name of the corporation. 3258 Section 91.Paragraph (c) of subsection (9) of section 3259 409.2564, Florida Statutes, is amended to read: 3260 409.2564Actions for support. 3261 (9) 3262 (c)All written notices provided to an obligor regarding 3263 delinquent support must include information on how the obligor 3264 can access the web page required under s. 409.2557(4) and how to 3265 access services through CareerSource Florida, Inc., and the 3266 organizations that are awarded grants under s. 409.25996. 3267 Revisers note.Amended to confirm the editorial insertion of 3268 the word Inc. to conform to the full name of the 3269 corporation. 3270 Section 92.Paragraph (a) of subsection (5) of section 3271 409.912, Florida Statutes, is amended to read: 3272 409.912Cost-effective purchasing of health care.The 3273 agency shall purchase goods and services for Medicaid recipients 3274 in the most cost-effective manner consistent with the delivery 3275 of quality medical care. To ensure that medical services are 3276 effectively utilized, the agency may, in any case, require a 3277 confirmation or second physicians opinion of the correct 3278 diagnosis for purposes of authorizing future services under the 3279 Medicaid program. This section does not restrict access to 3280 emergency services or poststabilization care services as defined 3281 in 42 C.F.R. s. 438.114. Such confirmation or second opinion 3282 shall be rendered in a manner approved by the agency. The agency 3283 shall maximize the use of prepaid per capita and prepaid 3284 aggregate fixed-sum basis services when appropriate and other 3285 alternative service delivery and reimbursement methodologies, 3286 including competitive bidding pursuant to s. 287.057, designed 3287 to facilitate the cost-effective purchase of a case-managed 3288 continuum of care. The agency shall also require providers to 3289 minimize the exposure of recipients to the need for acute 3290 inpatient, custodial, and other institutional care and the 3291 inappropriate or unnecessary use of high-cost services. The 3292 agency shall contract with a vendor to monitor and evaluate the 3293 clinical practice patterns of providers in order to identify 3294 trends that are outside the normal practice patterns of a 3295 providers professional peers or the national guidelines of a 3296 providers professional association. The vendor must be able to 3297 provide information and counseling to a provider whose practice 3298 patterns are outside the norms, in consultation with the agency, 3299 to improve patient care and reduce inappropriate utilization. 3300 The agency may mandate prior authorization, drug therapy 3301 management, or disease management participation for certain 3302 populations of Medicaid beneficiaries, certain drug classes, or 3303 particular drugs to prevent fraud, abuse, overuse, and possible 3304 dangerous drug interactions. The Pharmaceutical and Therapeutics 3305 Committee shall make recommendations to the agency on drugs for 3306 which prior authorization is required. The agency shall inform 3307 the Pharmaceutical and Therapeutics Committee of its decisions 3308 regarding drugs subject to prior authorization. The agency is 3309 authorized to limit the entities it contracts with or enrolls as 3310 Medicaid providers by developing a provider network through 3311 provider credentialing. The agency may competitively bid single 3312 source-provider contracts if procurement of goods or services 3313 results in demonstrated cost savings to the state without 3314 limiting access to care. The agency may limit its network based 3315 on the assessment of beneficiary access to care, provider 3316 availability, provider quality standards, time and distance 3317 standards for access to care, the cultural competence of the 3318 provider network, demographic characteristics of Medicaid 3319 beneficiaries, practice and provider-to-beneficiary standards, 3320 appointment wait times, beneficiary use of services, provider 3321 turnover, provider profiling, provider licensure history, 3322 previous program integrity investigations and findings, peer 3323 review, provider Medicaid policy and billing compliance records, 3324 clinical and medical record audits, and other factors. Providers 3325 are not entitled to enrollment in the Medicaid provider network. 3326 The agency shall determine instances in which allowing Medicaid 3327 beneficiaries to purchase durable medical equipment and other 3328 goods is less expensive to the Medicaid program than long-term 3329 rental of the equipment or goods. The agency may establish rules 3330 to facilitate purchases in lieu of long-term rentals in order to 3331 protect against fraud and abuse in the Medicaid program as 3332 defined in s. 409.913. The agency may seek federal waivers 3333 necessary to administer these policies. 3334 (5)(a)The agency shall implement a Medicaid prescribed 3335 drug spending-control program that includes the following 3336 components: 3337 1.A Medicaid preferred drug list, which shall be a listing 3338 of cost-effective therapeutic options recommended by the 3339 Medicaid Pharmacy and Therapeutics Committee established 3340 pursuant to s. 409.91195 and adopted by the agency for each 3341 therapeutic class on the preferred drug list. At the discretion 3342 of the committee, and when feasible, the preferred drug list 3343 should include at least two products in a therapeutic class. The 3344 agency may post the preferred drug list and updates to the list 3345 on an Internet website without following the rulemaking 3346 procedures of chapter 120. Antiretroviral agents are excluded 3347 from the preferred drug list. The agency shall also limit the 3348 amount of a prescribed drug dispensed to no more than a 34-day 3349 supply unless the drug products smallest marketed package is 3350 greater than a 34-day supply, or the drug is determined by the 3351 agency to be a maintenance drug in which case a 100-day maximum 3352 supply may be authorized. The agency may seek any federal 3353 waivers necessary to implement these cost-control programs and 3354 to continue participation in the federal Medicaid rebate 3355 program, or alternatively to negotiate state-only manufacturer 3356 rebates. The agency may adopt rules to administer this 3357 subparagraph. The agency shall continue to provide unlimited 3358 contraceptive drugs and items. The agency must establish 3359 procedures to ensure that: 3360 a.There is a response to a request for prior authorization 3361 by telephone or other telecommunication device within 24 hours 3362 after receipt of a request for prior authorization; and 3363 b.A 72-hour supply of the drug prescribed is provided in 3364 an emergency or when the agency does not provide a response 3365 within 24 hours as required by sub-subparagraph a. 3366 2.A provider of prescribed drugs is reimbursed in an 3367 amount not to exceed the lesser of the actual acquisition cost 3368 based on the Centers for Medicare and Medicaid Services National 3369 Average Drug Acquisition Cost pricing files plus a professional 3370 dispensing fee, the wholesale acquisition cost plus a 3371 professional dispensing fee, the state maximum allowable cost 3372 plus a professional dispensing fee, or the usual and customary 3373 charge billed by the provider. 3374 3.The agency shall develop and implement a process for 3375 managing the drug therapies of Medicaid recipients who are using 3376 significant numbers of prescribed drugs each month. The 3377 management process may include, but is not limited to, 3378 comprehensive, physician-directed medical-record reviews, claims 3379 analyses, and case evaluations to determine the medical 3380 necessity and appropriateness of a patients treatment plan and 3381 drug therapies. The agency may contract with a private 3382 organization to provide drug-program-management services. The 3383 Medicaid drug benefit management program shall include 3384 initiatives to manage drug therapies for HIV/AIDS patients, 3385 patients using 20 or more unique prescriptions in a 180-day 3386 period, and the top 1,000 patients in annual spending. The 3387 agency shall enroll any Medicaid recipient in the drug benefit 3388 management program if he or she meets the specifications of this 3389 provision and is not enrolled in a Medicaid health maintenance 3390 organization. 3391 4.The agency may limit the size of its pharmacy network 3392 based on need, competitive bidding, price negotiations, 3393 credentialing, or similar criteria. The agency shall give 3394 special consideration to rural areas in determining the size and 3395 location of pharmacies included in the Medicaid pharmacy 3396 network. A pharmacy credentialing process may include criteria 3397 such as a pharmacys full-service status, location, size, 3398 patient educational programs, patient consultation, disease 3399 management services, and other characteristics. The agency may 3400 impose a moratorium on Medicaid pharmacy enrollment if it is 3401 determined that it has a sufficient number of Medicaid 3402 participating providers. The agency must allow dispensing 3403 practitioners to participate as a part of the Medicaid pharmacy 3404 network regardless of the practitioners proximity to any other 3405 entity that is dispensing prescription drugs under the Medicaid 3406 program. A dispensing practitioner must meet all credentialing 3407 requirements applicable to his or her practice, as determined by 3408 the agency. 3409 5.The agency shall develop and implement a program that 3410 requires Medicaid practitioners who issue written prescriptions 3411 for medicinal drugs to use a counterfeit-proof prescription pad 3412 for Medicaid prescriptions. The agency shall require the use of 3413 standardized counterfeit-proof prescription pads by prescribers 3414 who issue written prescriptions for Medicaid recipients. The 3415 agency may implement the program in targeted geographic areas or 3416 statewide. 3417 6.The agency may enter into arrangements that require 3418 manufacturers of generic drugs prescribed to Medicaid recipients 3419 to provide rebates of at least 15.1 percent of the average 3420 manufacturer price for the manufacturers generic products. 3421 These arrangements shall require that if a generic-drug 3422 manufacturer pays federal rebates for Medicaid-reimbursed drugs 3423 at a level below 15.1 percent, the manufacturer must provide a 3424 supplemental rebate to the state in an amount necessary to 3425 achieve a 15.1-percent rebate level. 3426 7.The agency may establish a preferred drug list as 3427 described in this subsection, and, pursuant to the establishment 3428 of such preferred drug list, negotiate supplemental rebates from 3429 manufacturers that are in addition to those required by Title 3430 XIX of the Social Security Act and at no less than 14 percent of 3431 the average manufacturer price as defined in 42 U.S.C. s. 1936 3432 on the last day of a quarter unless the federal or supplemental 3433 rebate, or both, equals or exceeds 29 percent. There is no upper 3434 limit on the supplemental rebates the agency may negotiate. The 3435 agency may determine that specific products, brand-name or 3436 generic, are competitive at lower rebate percentages. Agreement 3437 to pay the minimum supplemental rebate percentage guarantees a 3438 manufacturer that the Medicaid Pharmaceutical and Therapeutics 3439 Committee will consider a product for inclusion on the preferred 3440 drug list. However, a pharmaceutical manufacturer is not 3441 guaranteed placement on the preferred drug list by simply paying 3442 the minimum supplemental rebate. Agency decisions will be made 3443 on the clinical efficacy of a drug and recommendations of the 3444 Medicaid Pharmaceutical and Therapeutics Committee, as well as 3445 the price of competing products minus federal and state rebates. 3446 The agency may contract with an outside agency or contractor to 3447 conduct negotiations for supplemental rebates. For the purposes 3448 of this section, the term supplemental rebates means cash 3449 rebates. Value-added programs as a substitution for supplemental 3450 rebates are prohibited. The agency may seek any federal waivers 3451 to implement this initiative. 3452 8.a.The agency may implement a Medicaid behavioral drug 3453 management system. The agency may contract with a vendor that 3454 has experience in operating behavioral drug management systems 3455 to implement this program. The agency may seek federal waivers 3456 to implement this program. 3457 b.The agency, in conjunction with the Department of 3458 Children and Families, may implement the Medicaid behavioral 3459 drug management system that is designed to improve the quality 3460 of care and behavioral health prescribing practices based on 3461 best practice guidelines, improve patient adherence to 3462 medication plans, reduce clinical risk, and lower prescribed 3463 drug costs and the rate of inappropriate spending on Medicaid 3464 behavioral drugs. The program may include the following 3465 elements: 3466 (I)Provide for the development and adoption of best 3467 practice guidelines for behavioral health-related drugs such as 3468 antipsychotics, antidepressants, and medications for treating 3469 bipolar disorders and other behavioral conditions; translate 3470 them into practice; review behavioral health prescribers and 3471 compare their prescribing patterns to a number of indicators 3472 that are based on national standards; and determine deviations 3473 from best practice guidelines. 3474 (II)Implement processes for providing feedback to and 3475 educating prescribers using best practice educational materials 3476 and peer-to-peer consultation. 3477 (III)Assess Medicaid beneficiaries who are outliers in 3478 their use of behavioral health drugs with regard to the numbers 3479 and types of drugs taken, drug dosages, combination drug 3480 therapies, and other indicators of improper use of behavioral 3481 health drugs. 3482 (IV)Alert prescribers to patients who fail to refill 3483 prescriptions in a timely fashion, are prescribed multiple same 3484 class behavioral health drugs, and may have other potential 3485 medication problems. 3486 (V)Track spending trends for behavioral health drugs and 3487 deviation from best practice guidelines. 3488 (VI)Use educational and technological approaches to 3489 promote best practices, educate consumers, and train prescribers 3490 in the use of practice guidelines. 3491 (VII)Disseminate electronic and published materials. 3492 (VIII)Hold statewide and regional conferences. 3493 (IX)Implement a disease management program with a model 3494 quality-based medication component for severely mentally ill 3495 individuals and emotionally disturbed children who are high 3496 users of care. 3497 9.The agency shall implement a Medicaid prescription drug 3498 management system. 3499 a.The agency may contract with a vendor that has 3500 experience in operating prescription drug management systems in 3501 order to implement this system. Any management system that is 3502 implemented in accordance with this subparagraph must rely on 3503 cooperation between physicians and pharmacists to determine 3504 appropriate practice patterns and clinical guidelines to improve 3505 the prescribing, dispensing, and use of drugs in the Medicaid 3506 program. The agency may seek federal waivers to implement this 3507 program. 3508 b.The drug management system must be designed to improve 3509 the quality of care and prescribing practices based on best 3510 practice guidelines, improve patient adherence to medication 3511 plans, reduce clinical risk, and lower prescribed drug costs and 3512 the rate of inappropriate spending on Medicaid prescription 3513 drugs. The program must: 3514 (I)Provide for the adoption of best practice guidelines 3515 for the prescribing and use of drugs in the Medicaid program, 3516 including translating best practice guidelines into practice; 3517 reviewing prescriber patterns and comparing them to indicators 3518 that are based on national standards and practice patterns of 3519 clinical peers in their community, statewide, and nationally; 3520 and determine deviations from best practice guidelines. 3521 (II)Implement processes for providing feedback to and 3522 educating prescribers using best practice educational materials 3523 and peer-to-peer consultation. 3524 (III)Assess Medicaid recipients who are outliers in their 3525 use of a single or multiple prescription drugs with regard to 3526 the numbers and types of drugs taken, drug dosages, combination 3527 drug therapies, and other indicators of improper use of 3528 prescription drugs. 3529 (IV)Alert prescribers to recipients who fail to refill 3530 prescriptions in a timely fashion, are prescribed multiple drugs 3531 that may be redundant or contraindicated, or may have other 3532 potential medication problems. 3533 10.The agency may contract for drug rebate administration, 3534 including, but not limited to, calculating rebate amounts, 3535 invoicing manufacturers, negotiating disputes with 3536 manufacturers, and maintaining a database of rebate collections. 3537 11.The agency may specify the preferred daily dosing form 3538 or strength for the purpose of promoting best practices with 3539 regard to the prescribing of certain drugs as specified in the 3540 General Appropriations Act and ensuring cost-effective 3541 prescribing practices. 3542 12.The agency may require prior authorization for 3543 Medicaid-covered prescribed drugs. The agency may prior 3544 authorize the use of a product: 3545 a.For an indication not approved in labeling; 3546 b.To comply with certain clinical guidelines; or 3547 c.If the product has the potential for overuse, misuse, or 3548 abuse. 3549 3550 The agency may require the prescribing professional to provide 3551 information about the rationale and supporting medical evidence 3552 for the use of a drug. The agency shall post prior 3553 authorization, step-edit criteria and protocol, and updates to 3554 the list of drugs that are subject to prior authorization on the 3555 agencys Internet website within 21 days after the prior 3556 authorization and step-edit criteria and protocol and updates 3557 are approved by the agency. For purposes of this subparagraph, 3558 the term step-edit means an automatic electronic review of 3559 certain medications subject to prior authorization. 3560 13.The agency, in conjunction with the Pharmaceutical and 3561 Therapeutics Committee, may require age-related prior 3562 authorizations for certain prescribed drugs. The agency may 3563 preauthorize the use of a drug for a recipient who may not meet 3564 the age requirement or may exceed the length of therapy for use 3565 of this product as recommended by the manufacturer and approved 3566 by the Food and Drug Administration. Prior authorization may 3567 require the prescribing professional to provide information 3568 about the rationale and supporting medical evidence for the use 3569 of a drug. 3570 14.The agency shall implement a step-therapy prior 3571 authorization approval process for medications excluded from the 3572 preferred drug list. Medications listed on the preferred drug 3573 list must be used within the previous 12 months before the 3574 alternative medications that are not listed. The step-therapy 3575 prior authorization may require the prescriber to use the 3576 medications of a similar drug class or for a similar medical 3577 indication unless contraindicated in the Food and Drug 3578 Administration labeling. The trial period between the specified 3579 steps may vary according to the medical indication. The step 3580 therapy approval process shall be developed in accordance with 3581 the committee as stated in s. 409.91195(7) and (8). A drug 3582 product may be approved without meeting the step-therapy prior 3583 authorization criteria if the prescribing physician provides the 3584 agency with additional written medical or clinical documentation 3585 that the product is medically necessary because: 3586 a.There is not a drug on the preferred drug list to treat 3587 the disease or medical condition which is an acceptable clinical 3588 alternative; 3589 b.The alternatives have been ineffective in the treatment 3590 of the beneficiarys disease; 3591 c.The drug product or medication of a similar drug class 3592 is prescribed for the treatment of schizophrenia or schizotypal 3593 or delusional disorders; prior authorization has been granted 3594 previously for the prescribed drug; and the medication was 3595 dispensed to the patient during the previous 12 months; or 3596 d.Based on historical historic evidence and known 3597 characteristics of the patient and the drug, the drug is likely 3598 to be ineffective, or the number of doses have been ineffective. 3599 3600 The agency shall work with the physician to determine the best 3601 alternative for the patient. The agency may adopt rules waiving 3602 the requirements for written clinical documentation for specific 3603 drugs in limited clinical situations. 3604 15.The agency shall implement a return and reuse program 3605 for drugs dispensed by pharmacies to institutional recipients, 3606 which includes payment of a $5 restocking fee for the 3607 implementation and operation of the program. The return and 3608 reuse program shall be implemented electronically and in a 3609 manner that promotes efficiency. The program must permit a 3610 pharmacy to exclude drugs from the program if it is not 3611 practical or cost-effective for the drug to be included and must 3612 provide for the return to inventory of drugs that cannot be 3613 credited or returned in a cost-effective manner. The agency 3614 shall determine if the program has reduced the amount of 3615 Medicaid prescription drugs which are destroyed on an annual 3616 basis and if there are additional ways to ensure more 3617 prescription drugs are not destroyed which could safely be 3618 reused. 3619 Revisers note.Amended to confirm an editorial substitution to 3620 conform to context. 3621 Section 93.Subsection (1) of section 414.1251, Florida 3622 Statutes, is amended to read: 3623 414.1251Learnfare program. 3624 (1)The department shall reduce the temporary cash 3625 assistance for a participants eligible dependent child or for 3626 an eligible teenage participant who has not been exempted from 3627 education participation requirements, if the eligible dependent 3628 child or eligible teenage participant has been identified either 3629 as a habitual truant, pursuant to s. 1003.01(12) 1003.01(8), or 3630 as a dropout, pursuant to s. 1003.01(8) 1003.01(9). For a 3631 student who has been identified as a habitual truant, the 3632 temporary cash assistance must be reinstated after a subsequent 3633 grading period in which the childs attendance has substantially 3634 improved. For a student who has been identified as a dropout, 3635 the temporary cash assistance must be reinstated after the 3636 student enrolls in a public school, receives a high school 3637 diploma or its equivalency, enrolls in preparation for the high 3638 school equivalency examination, or enrolls in other educational 3639 activities approved by the district school board. Good cause 3640 exemptions from the rule of unexcused absences include the 3641 following: 3642 (a)The student is expelled from school and alternative 3643 schooling is not available. 3644 (b)No licensed day care is available for a child of teen 3645 parents subject to Learnfare. 3646 (c)Prohibitive transportation problems exist (e.g., to and 3647 from day care). 3648 3649 Within 10 days after sanction notification, the participant 3650 parent of a dependent child or the teenage participant may file 3651 an internal fair hearings process review procedure appeal, and 3652 no sanction shall be imposed until the appeal is resolved. 3653 Revisers note.Amended to conform to the reordering of 3654 definitions in s. 1003.01 by this act. 3655 Section 94.Subsection (14) of section 415.102, Florida 3656 Statutes, is amended to read: 3657 415.102Definitions of terms used in ss. 415.101-415.113. 3658 As used in ss. 415.101-415.113, the term: 3659 (14)Intimidation means the communication by word or act 3660 to a vulnerable adult that such that person will be deprived of 3661 food, nutrition, clothing, shelter, supervision, medicine, 3662 medical services, money, or financial support or will suffer 3663 physical violence. 3664 Revisers note.Amended to improve clarity. 3665 Section 95.Subsections (4) through (41) of section 440.02, 3666 Florida Statutes, are reordered and amended to read: 3667 440.02Definitions.When used in this chapter, unless the 3668 context clearly requires otherwise, the following terms shall 3669 have the following meanings: 3670 (5)(4)Carrier means any person or fund authorized under 3671 s. 440.38 to insure under this chapter and includes a self 3672 insurer, and a commercial self-insurance fund authorized under 3673 s. 624.462. 3674 (6)(5)Casual as used in this section refers only to 3675 employments for work that is anticipated to be completed in 10 3676 working days or less, without regard to the number of persons 3677 employed, and at a total labor cost of less than $500. 3678 (7)(6)Child includes a posthumous child, a child legally 3679 adopted prior to the injury of the employee, and a stepchild or 3680 acknowledged child born out of wedlock dependent upon the 3681 deceased, but does not include married children unless wholly 3682 dependent on the employee. Grandchild means a child as above 3683 defined of a child as above defined. Brother and sister 3684 include stepbrothers and stepsisters, half brothers and half 3685 sisters, and brothers and sisters by adoption, but does not 3686 include married brothers or married sisters unless wholly 3687 dependent on the employee. Child, grandchild, brother, and 3688 sister include only persons who at the time of the death of 3689 the deceased employees are under 18 years of age, or under 22 3690 years of age if a full-time student in an accredited educational 3691 institution. 3692 (8)(7)Compensation means the money allowance payable to 3693 an employee or to his or her dependents as provided for in this 3694 chapter. 3695 (10)(8)Construction industry means for-profit activities 3696 involving any building, clearing, filling, excavation, or 3697 substantial improvement in the size or use of any structure or 3698 the appearance of any land. However, construction does not 3699 mean a homeowners act of construction or the result of a 3700 construction upon his or her own premises, provided such 3701 premises are not intended to be sold, resold, or leased by the 3702 owner within 1 year after the commencement of construction. The 3703 division may, by rule, establish codes and definitions thereof 3704 that meet the criteria of the term construction industry as 3705 set forth in this section. 3706 (11)(9)Corporate officer or officer of a corporation 3707 means any person who fills an office provided for in the 3708 corporate charter or articles of incorporation filed with the 3709 Division of Corporations of the Department of State or as 3710 authorized or required under part I of chapter 607. The term 3711 officer of a corporation includes a member owning at least 10 3712 percent of a limited liability company as defined in and 3713 organized pursuant to chapter 605. 3714 (12)(10)Date of maximum medical improvement means the 3715 date after which further recovery from, or lasting improvement 3716 to, an injury or disease can no longer reasonably be 3717 anticipated, based upon reasonable medical probability. 3718 (13)(11)Death as a basis for a right to compensation 3719 means only death resulting from an injury. 3720 (14)(12)Department means the Department of Financial 3721 Services; the term does not include the Financial Services 3722 Commission or any office of the commission. 3723 (15)(13)Disability means incapacity because of the 3724 injury to earn in the same or any other employment the wages 3725 which the employee was receiving at the time of the injury. 3726 (16)(14)Division means the Division of Workers 3727 Compensation of the Department of Financial Services. 3728 (18)(15)(a)Employee means any person who receives 3729 remuneration from an employer for the performance of any work or 3730 service while engaged in any employment under any appointment or 3731 contract for hire or apprenticeship, express or implied, oral or 3732 written, whether lawfully or unlawfully employed, and includes, 3733 but is not limited to, aliens and minors. 3734 (b)Employee includes any person who is an officer of a 3735 corporation and who performs services for remuneration for such 3736 corporation within this state, whether or not such services are 3737 continuous. 3738 1.Any officer of a corporation may elect to be exempt from 3739 this chapter by filing notice of the election with the 3740 department as provided in s. 440.05. 3741 2.As to officers of a corporation who are engaged in the 3742 construction industry, no more than three officers of a 3743 corporation or of any group of affiliated corporations may elect 3744 to be exempt from this chapter by filing a notice of the 3745 election with the department as provided in s. 440.05. Officers 3746 must be shareholders, each owning at least 10 percent of the 3747 stock of such corporation and listed as an officer of such 3748 corporation with the Division of Corporations of the Department 3749 of State, in order to elect exemptions under this chapter. For 3750 purposes of this subparagraph, the term affiliated means and 3751 includes one or more corporations or entities, any one of which 3752 is a corporation engaged in the construction industry, under the 3753 same or substantially the same control of a group of business 3754 entities which are connected or associated so that one entity 3755 controls or has the power to control each of the other business 3756 entities. The term affiliated includes, but is not limited to, 3757 the officers, directors, executives, shareholders active in 3758 management, employees, and agents of the affiliated corporation. 3759 The ownership by one business entity of a controlling interest 3760 in another business entity or a pooling of equipment or income 3761 among business entities shall be prima facie evidence that one 3762 business is affiliated with the other. 3763 3.An officer of a corporation who elects to be exempt from 3764 this chapter by filing a notice of the election with the 3765 department as provided in s. 440.05 is not an employee. 3766 3767 Services are presumed to have been rendered to the corporation 3768 if the officer is compensated by other than dividends upon 3769 shares of stock of the corporation which the officer owns. 3770 (c)Employee includes: 3771 1.A sole proprietor or a partner who is not engaged in the 3772 construction industry, devotes full time to the proprietorship 3773 or partnership, and elects to be included in the definition of 3774 employee by filing notice thereof as provided in s. 440.05. 3775 2.All persons who are being paid by a construction 3776 contractor as a subcontractor, unless the subcontractor has 3777 validly elected an exemption as permitted by this chapter, or 3778 has otherwise secured the payment of compensation coverage as a 3779 subcontractor, consistent with s. 440.10, for work performed by 3780 or as a subcontractor. 3781 3.An independent contractor working or performing services 3782 in the construction industry. 3783 4.A sole proprietor who engages in the construction 3784 industry and a partner or partnership that is engaged in the 3785 construction industry. 3786 (d)Employee does not include: 3787 1.An independent contractor who is not engaged in the 3788 construction industry. 3789 a.In order to meet the definition of independent 3790 contractor, at least four of the following criteria must be met: 3791 (I)The independent contractor maintains a separate 3792 business with his or her own work facility, truck, equipment, 3793 materials, or similar accommodations; 3794 (II)The independent contractor holds or has applied for a 3795 federal employer identification number, unless the independent 3796 contractor is a sole proprietor who is not required to obtain a 3797 federal employer identification number under state or federal 3798 regulations; 3799 (III)The independent contractor receives compensation for 3800 services rendered or work performed and such compensation is 3801 paid to a business rather than to an individual; 3802 (IV)The independent contractor holds one or more bank 3803 accounts in the name of the business entity for purposes of 3804 paying business expenses or other expenses related to services 3805 rendered or work performed for compensation; 3806 (V)The independent contractor performs work or is able to 3807 perform work for any entity in addition to or besides the 3808 employer at his or her own election without the necessity of 3809 completing an employment application or process; or 3810 (VI)The independent contractor receives compensation for 3811 work or services rendered on a competitive-bid basis or 3812 completion of a task or a set of tasks as defined by a 3813 contractual agreement, unless such contractual agreement 3814 expressly states that an employment relationship exists. 3815 b.If four of the criteria listed in sub-subparagraph a. do 3816 not exist, an individual may still be presumed to be an 3817 independent contractor and not an employee based on full 3818 consideration of the nature of the individual situation with 3819 regard to satisfying any of the following conditions: 3820 (I)The independent contractor performs or agrees to 3821 perform specific services or work for a specific amount of money 3822 and controls the means of performing the services or work. 3823 (II)The independent contractor incurs the principal 3824 expenses related to the service or work that he or she performs 3825 or agrees to perform. 3826 (III)The independent contractor is responsible for the 3827 satisfactory completion of the work or services that he or she 3828 performs or agrees to perform. 3829 (IV)The independent contractor receives compensation for 3830 work or services performed for a commission or on a per-job 3831 basis and not on any other basis. 3832 (V)The independent contractor may realize a profit or 3833 suffer a loss in connection with performing work or services. 3834 (VI)The independent contractor has continuing or recurring 3835 business liabilities or obligations. 3836 (VII)The success or failure of the independent 3837 contractors business depends on the relationship of business 3838 receipts to expenditures. 3839 c.Notwithstanding anything to the contrary in this 3840 subparagraph, an individual claiming to be an independent 3841 contractor has the burden of proving that he or she is an 3842 independent contractor for purposes of this chapter. 3843 2.A real estate licensee, if that person agrees, in 3844 writing, to perform for remuneration solely by way of 3845 commission. 3846 3.Bands, orchestras, and musical and theatrical 3847 performers, including disk jockeys, performing in licensed 3848 premises as defined in chapter 562, if a written contract 3849 evidencing an independent contractor relationship is entered 3850 into before the commencement of such entertainment. 3851 4.An owner-operator of a motor vehicle who transports 3852 property under a written contract with a motor carrier which 3853 evidences a relationship by which the owner-operator assumes the 3854 responsibility of an employer for the performance of the 3855 contract, if the owner-operator is required to furnish motor 3856 vehicle equipment as identified in the written contract and the 3857 principal costs incidental to the performance of the contract, 3858 including, but not limited to, fuel and repairs, provided a 3859 motor carriers advance of costs to the owner-operator when a 3860 written contract evidences the owner-operators obligation to 3861 reimburse such advance shall be treated as the owner-operator 3862 furnishing such cost and the owner-operator is not paid by the 3863 hour or on some other time-measured basis. 3864 5.A person whose employment is both casual and not in the 3865 course of the trade, business, profession, or occupation of the 3866 employer. 3867 6.A volunteer, except a volunteer worker for the state or 3868 a county, municipality, or other governmental entity. A person 3869 who does not receive monetary remuneration for services is 3870 presumed to be a volunteer unless there is substantial evidence 3871 that a valuable consideration was intended by both employer and 3872 employee. For purposes of this chapter, the term volunteer 3873 includes, but is not limited to: 3874 a.Persons who serve in private nonprofit agencies and who 3875 receive no compensation other than expenses in an amount less 3876 than or equivalent to the standard mileage and per diem expenses 3877 provided to salaried employees in the same agency or, if such 3878 agency does not have salaried employees who receive mileage and 3879 per diem, then such volunteers who receive no compensation other 3880 than expenses in an amount less than or equivalent to the 3881 customary mileage and per diem paid to salaried workers in the 3882 community as determined by the department; and 3883 b.Volunteers participating in federal programs established 3884 under Pub. L. No. 93-113. 3885 7.Unless otherwise prohibited by this chapter, any officer 3886 of a corporation who elects to be exempt from this chapter. Such 3887 officer is not an employee for any reason under this chapter 3888 until the notice of revocation of election filed pursuant to s. 3889 440.05 is effective. 3890 8.An officer of a corporation that is engaged in the 3891 construction industry who elects to be exempt from the 3892 provisions of this chapter, as otherwise permitted by this 3893 chapter. Such officer is not an employee for any reason until 3894 the notice of revocation of election filed pursuant to s. 440.05 3895 is effective. 3896 9.An exercise rider who does not work for a single horse 3897 farm or breeder, and who is compensated for riding on a case-by 3898 case basis, provided a written contract is entered into prior to 3899 the commencement of such activity which evidences that an 3900 employee/employer relationship does not exist. 3901 10.A taxicab, limousine, or other passenger vehicle-for 3902 hire driver who operates said vehicles pursuant to a written 3903 agreement with a company which provides any dispatch, marketing, 3904 insurance, communications, or other services under which the 3905 driver and any fees or charges paid by the driver to the company 3906 for such services are not conditioned upon, or expressed as a 3907 proportion of, fare revenues. 3908 11.A person who performs services as a sports official for 3909 an entity sponsoring an interscholastic sports event or for a 3910 public entity or private, nonprofit organization that sponsors 3911 an amateur sports event. For purposes of this subparagraph, such 3912 a person is an independent contractor. For purposes of this 3913 subparagraph, the term sports official means any person who is 3914 a neutral participant in a sports event, including, but not 3915 limited to, umpires, referees, judges, linespersons, 3916 scorekeepers, or timekeepers. This subparagraph does not apply 3917 to any person employed by a district school board who serves as 3918 a sports official as required by the employing school board or 3919 who serves as a sports official as part of his or her 3920 responsibilities during normal school hours. 3921 12.Medicaid-enrolled clients under chapter 393 who are 3922 excluded from the definition of employment under s. 3923 443.1216(4)(d) and served by Adult Day Training Services under 3924 the Home and Community-Based or the Family and Supported Living 3925 Medicaid Waiver program in a sheltered workshop setting licensed 3926 by the United States Department of Labor for the purpose of 3927 training and earning less than the federal hourly minimum wage. 3928 13.Medicaid-enrolled clients under chapter 393 who are 3929 excluded from the definition of employment under s. 3930 443.1216(4)(d) and served by Adult Day Training Services under 3931 the Family and Supported Living Medicaid Waiver program in a 3932 sheltered workshop setting licensed by the United States 3933 Department of Labor for the purpose of training and earning less 3934 than the federal hourly minimum wage. 3935 (19)(16)(a)Employer means the state and all political 3936 subdivisions thereof, all public and quasi-public corporations 3937 therein, every person carrying on any employment, and the legal 3938 representative of a deceased person or the receiver or trustees 3939 of any person. The term also includes employee leasing 3940 companies, as defined in s. 468.520(5), and employment agencies 3941 that provide their own employees to other persons. If the 3942 employer is a corporation, parties in actual control of the 3943 corporation, including, but not limited to, the president, 3944 officers who exercise broad corporate powers, directors, and all 3945 shareholders who directly or indirectly own a controlling 3946 interest in the corporation, are considered the employer for the 3947 purposes of ss. 440.105, 440.106, and 440.107. 3948 (b)A homeowner shall not be considered the employer of 3949 persons hired by the homeowner to carry out construction on the 3950 homeowners own premises if those premises are not intended for 3951 immediate lease, sale, or resale. 3952 (c)Facilities serving individuals under subparagraph 3953 (18)(d)12. (15)(d)12. shall be considered agents of the Agency 3954 for Health Care Administration as it relates to providing Adult 3955 Day Training Services under the Home and Community-Based 3956 Medicaid Waiver program and not employers or third parties for 3957 the purpose of limiting or denying Medicaid benefits. 3958 (20)(17)(a)Employment, subject to the other provisions 3959 of this chapter, means any service performed by an employee for 3960 the person employing him or her. 3961 (b)Employment includes: 3962 1.Employment by the state and all political subdivisions 3963 thereof and all public and quasi-public corporations therein, 3964 including officers elected at the polls. 3965 2.All private employments in which four or more employees 3966 are employed by the same employer or, with respect to the 3967 construction industry, all private employment in which one or 3968 more employees are employed by the same employer. 3969 3.Volunteer firefighters responding to or assisting with 3970 fire or medical emergencies whether or not the firefighters are 3971 on duty. 3972 (c)Employment does not include service performed by or 3973 as: 3974 1.Domestic servants in private homes. 3975 2.Agricultural labor performed on a farm in the employ of 3976 a bona fide farmer, or association of farmers, that employs 5 or 3977 fewer regular employees and that employs fewer than 12 other 3978 employees at one time for seasonal agricultural labor that is 3979 completed in less than 30 days, provided such seasonal 3980 employment does not exceed 45 days in the same calendar year. 3981 The term farm includes stock, dairy, poultry, fruit, fur 3982 bearing animals, fish, and truck farms, ranches, nurseries, and 3983 orchards. The term agricultural labor includes field foremen, 3984 timekeepers, checkers, and other farm labor supervisory 3985 personnel. 3986 3.Professional athletes, such as professional boxers, 3987 wrestlers, baseball, football, basketball, hockey, polo, tennis, 3988 jai alai, and similar players, and motorsports teams competing 3989 in a motor racing event as defined in s. 549.08. 3990 4.Labor under a sentence of a court to perform community 3991 services as provided in s. 316.193. 3992 5.State prisoners or county inmates, except those 3993 performing services for private employers or those enumerated in 3994 s. 948.036(1). 3995 (27)(18)Misconduct includes, but is not limited to, the 3996 following, which shall not be construed in pari materia with 3997 each other: 3998 (a)Conduct evincing such willful or wanton disregard of an 3999 employers interests as is found in deliberate violation or 4000 disregard of standards of behavior which the employer has the 4001 right to expect of the employee; or 4002 (b)Carelessness or negligence of such a degree or 4003 recurrence as to manifest culpability, wrongful intent, or evil 4004 design, or to show an intentional and substantial disregard of 4005 an employers interests or of the employees duties and 4006 obligations to the employer. 4007 (23)(19)Injury means personal injury or death by 4008 accident arising out of and in the course of employment, and 4009 such diseases or infection as naturally or unavoidably result 4010 from such injury. Damage to dentures, eyeglasses, prosthetic 4011 devices, and artificial limbs may be included in this definition 4012 only when the damage is shown to be part of, or in conjunction 4013 with, an accident. This damage must specifically occur as the 4014 result of an accident in the normal course of employment. 4015 (29)(20)Parent includes stepparents and parents by 4016 adoption, parents-in-law, and any persons who for more than 3 4017 years prior to the death of the deceased employee stood in the 4018 place of a parent to him or her and were dependent on the 4019 injured employee. 4020 (30)(21)Partner means any person who is a member of a 4021 partnership that is formed by two or more persons to carry on as 4022 co-owners of a business with the understanding that there will 4023 be a proportional sharing of the profits and losses between 4024 them. For the purposes of this chapter, a partner is a person 4025 who participates fully in the management of the partnership and 4026 who is personally liable for its debts. 4027 (31)(22)Permanent impairment means any anatomic or 4028 functional abnormality or loss determined as a percentage of the 4029 body as a whole, existing after the date of maximum medical 4030 improvement, which results from the injury. 4031 (32)(23)Person means individual, partnership, 4032 association, or corporation, including any public service 4033 corporation. 4034 (33)(24)Self-insurer means: 4035 (a)Any employer who has secured payment of compensation 4036 pursuant to s. 440.38(1)(b) or (6) as an individual self 4037 insurer; 4038 (b)Any employer who has secured payment of compensation 4039 through a group self-insurance fund under s. 624.4621; 4040 (c)Any group self-insurance fund established under s. 4041 624.4621; 4042 (d)A public utility as defined in s. 364.02 or s. 366.02 4043 that has assumed by contract the liabilities of contractors or 4044 subcontractors pursuant to s. 624.46225; or 4045 (e)Any local government self-insurance fund established 4046 under s. 624.4622. 4047 (35)(25)Sole proprietor means a natural person who owns 4048 a form of business in which that person owns all the assets of 4049 the business and is solely liable for all the debts of the 4050 business. 4051 (37)(26)Spouse includes only a spouse substantially 4052 dependent for financial support upon the decedent and living 4053 with the decedent at the time of the decedents injury and 4054 death, or substantially dependent upon the decedent for 4055 financial support and living apart at that time for justifiable 4056 cause. 4057 (39)(27)Time of injury means the time of the occurrence 4058 of the accident resulting in the injury. 4059 (40)(28)Wages means the money rate at which the service 4060 rendered is recompensed under the contract of hiring in force at 4061 the time of the injury and includes only the wages earned and 4062 reported for federal income tax purposes on the job where the 4063 employee is injured and any other concurrent employment where he 4064 or she is also subject to workers compensation coverage and 4065 benefits, together with the reasonable value of housing 4066 furnished to the employee by the employer which is the permanent 4067 year-round residence of the employee, and gratuities to the 4068 extent reported to the employer in writing as taxable income 4069 received in the course of employment from others than the 4070 employer and employer contributions for health insurance for the 4071 employee or the employees dependents. However, housing 4072 furnished to migrant workers shall be included in wages unless 4073 provided after the time of injury. In employment in which an 4074 employee receives consideration for housing, the reasonable 4075 value of such housing compensation shall be the actual cost to 4076 the employer or based upon the Fair Market Rent Survey 4077 promulgated pursuant to s. 8 of the Housing and Urban 4078 Development Act of 1974, whichever is less. However, if employer 4079 contributions for housing or health insurance are continued 4080 after the time of the injury, the contributions are not wages 4081 for the purpose of calculating an employees average weekly 4082 wage. 4083 (41)(29)Weekly compensation rate means and refers to the 4084 amount of compensation payable for a period of 7 consecutive 4085 calendar days, including any Saturdays, Sundays, holidays, and 4086 other nonworking days which fall within such period of 7 4087 consecutive calendar days. When Saturdays, Sundays, holidays, or 4088 other nonworking days immediately follow the first 7 calendar 4089 days of disability or occur at the end of a period of disability 4090 as the last day or days of such period, such nonworking days 4091 constitute a part of the period of disability with respect to 4092 which compensation is payable. 4093 (9)(30)Construction design professional means an 4094 architect, professional engineer, landscape architect, or 4095 surveyor and mapper, or any corporation, professional or 4096 general, that has a certificate to practice in the construction 4097 design field from the Department of Business and Professional 4098 Regulation. 4099 (22)(31)Individual self-insurer means any employer who 4100 has secured payment of compensation pursuant to s. 440.38(1)(b) 4101 as an individual self-insurer. 4102 (17)(32)Domestic individual self-insurer means an 4103 individual self-insurer: 4104 (a)Which is a corporation formed under the laws of this 4105 state; 4106 (b)Who is an individual who is a resident of this state or 4107 whose primary place of business is located in this state; or 4108 (c)Which is a partnership whose principals are residents 4109 of this state or whose primary place of business is located in 4110 this state. 4111 (21)(33)Foreign individual self-insurer means an 4112 individual self-insurer: 4113 (a)Which is a corporation formed under the laws of any 4114 state, district, territory, or commonwealth of the United States 4115 other than this state; 4116 (b)Who is an individual who is not a resident of this 4117 state and whose primary place of business is not located in this 4118 state; or 4119 (c)Which is a partnership whose principals are not 4120 residents of this state and whose primary place of business is 4121 not located in this state. 4122 (25)(34)Insolvent member means an individual self 4123 insurer which is a member of the Florida Self-Insurers Guaranty 4124 Association, Incorporated, or which was a member and has 4125 withdrawn pursuant to s. 440.385(1)(b), and which has been found 4126 insolvent, as defined in subparagraph (24)(a)1. (35)(a)1., 4127 subparagraph (24)(a)2. (35)(a)2., or subparagraph (24)(a)3. 4128 (35)(a)3., by a court of competent jurisdiction in this or any 4129 other state, or meets the definition of subparagraph (24)(a)4. 4130 (35)(a)4. 4131 (24)(35)Insolvency or insolvent means: 4132 (a)With respect to an individual self-insurer: 4133 1.That all assets of the individual self-insurer, if made 4134 immediately available, would not be sufficient to meet all the 4135 individual self-insurers liabilities; 4136 2.That the individual self-insurer is unable to pay its 4137 debts as they become due in the usual course of business; 4138 3.That the individual self-insurer has substantially 4139 ceased or suspended the payment of compensation to its employees 4140 as required in this chapter; or 4141 4.That the individual self-insurer has sought protection 4142 under the United States Bankruptcy Code or has been brought 4143 under the jurisdiction of a court of bankruptcy as a debtor 4144 pursuant to the United States Bankruptcy Code. 4145 (b)With respect to an employee claiming insolvency 4146 pursuant to s. 440.25(5), a person is insolvent who: 4147 1.Has ceased to pay his or her debts in the ordinary 4148 course of business and cannot pay his or her debts as they 4149 become due; or 4150 2.Has been adjudicated insolvent pursuant to the federal 4151 bankruptcy law. 4152 (4)(36)Arising out of pertains to occupational 4153 causation. An accidental injury or death arises out of 4154 employment if work performed in the course and scope of 4155 employment is the major contributing cause of the injury or 4156 death. 4157 (34)(37)Soft-tissue injury means an injury that produces 4158 damage to the soft tissues, rather than to the skeletal tissues 4159 or soft organs. 4160 (26)(38)Insurer means a group self-insurers fund 4161 authorized by s. 624.4621, an individual self-insurer authorized 4162 by s. 440.38, a commercial self-insurance fund authorized by s. 4163 624.462, an assessable mutual insurer authorized by s. 628.6011, 4164 and an insurer licensed to write workers compensation and 4165 employers liability insurance in this state. The term 4166 carrier, as used in this chapter, means an insurer as defined 4167 in this subsection. 4168 (38)(39)Statement, for the purposes of ss. 440.105 and 4169 440.106, shall include the exact fraud statement language in s. 4170 440.105(7). This requirement includes, but is not limited to, 4171 any notice, representation, statement, proof of injury, bill for 4172 services, diagnosis, prescription, hospital or doctor record, X 4173 ray, test result, or other evidence of loss, injury, or expense. 4174 (36)(40)Specificity means information on the petition 4175 for benefits sufficient to put the employer or carrier on notice 4176 of the exact statutory classification and outstanding time 4177 period of benefits being requested and includes a detailed 4178 explanation of any benefits received that should be increased, 4179 decreased, changed, or otherwise modified. If the petition is 4180 for medical benefits, the information shall include specific 4181 details as to why such benefits are being requested, why such 4182 benefits are medically necessary, and why current treatment, if 4183 any, is not sufficient. Any petition requesting alternate or 4184 other medical care, including, but not limited to, petitions 4185 requesting psychiatric or psychological treatment, must 4186 specifically identify the physician, as defined in s. 440.13(1), 4187 who is recommending such treatment. A copy of a report from such 4188 physician making the recommendation for alternate or other 4189 medical care shall also be attached to the petition. A judge of 4190 compensation claims shall not order such treatment if a 4191 physician is not recommending such treatment. 4192 (28)(41)Office of Insurance Regulation means the Office 4193 of Insurance Regulation of the Financial Services Commission. 4194 Revisers note.Amended to place the definitions of the section 4195 in alphabetical order and to conform cross-references. 4196 Section 96.Subsection (4) of section 440.14, Florida 4197 Statutes, is amended to read: 4198 440.14Determination of pay. 4199 (4)Upon termination of the employee or upon termination of 4200 the payment of fringe benefits of any employee who is collecting 4201 indemnity benefits pursuant to s. 440.15(2) or (3), the employer 4202 shall within 7 days of such termination file a corrected 13-week 4203 wage statement reflecting the wages paid and the fringe benefits 4204 that had been paid to the injured employee, as provided in s. 4205 440.02(40) 440.02(28). 4206 Revisers note.Amended to conform to the reordering of 4207 definitions in s. 440.02 by this act. 4208 Section 97.Subsection (3) of section 440.151, Florida 4209 Statutes, is amended to read: 4210 440.151Occupational diseases. 4211 (3)Except as otherwise provided in this section, 4212 disablement means disability as described in s. 440.02(15) 4213 440.02(13). 4214 Revisers note.Amended to conform to the reordering of 4215 definitions in s. 440.02 by this act. 4216 Section 98.Paragraph (a) of subsection (1) of section 4217 440.385, Florida Statutes, is amended to read: 4218 440.385Florida Self-Insurers Guaranty Association, 4219 Incorporated. 4220 (1)CREATION OF ASSOCIATION. 4221 (a)There is created a nonprofit corporation to be known as 4222 the Florida Self-Insurers Guaranty Association, Incorporated, 4223 hereinafter referred to as the association. Upon incorporation 4224 of the association, all individual self-insurers as defined in 4225 ss. 440.02(33)(a) 440.02(24)(a) and 440.38(1)(b), other than 4226 individual self-insurers which are public utilities or 4227 governmental entities, shall be members of the association as a 4228 condition of their authority to individually self-insure in this 4229 state. The association shall perform its functions under a plan 4230 of operation as established and approved under subsection (5) 4231 and shall exercise its powers and duties through a board of 4232 directors as established under subsection (2). The association 4233 shall have those powers granted or permitted corporations not 4234 for profit, as provided in chapter 617. The activities of the 4235 association shall be subject to review by the department. The 4236 department shall have oversight responsibility as set forth in 4237 this section. The association is specifically authorized to 4238 enter into agreements with this state to perform specified 4239 services. 4240 Revisers note.Amended to conform to the reordering of 4241 definitions in s. 440.02 by this act. 4242 Section 99.Subsection (2) of section 440.525, Florida 4243 Statutes, is amended to read: 4244 440.525Examination and investigation of carriers and 4245 claims-handling entities. 4246 (2)An examination may cover any period of the carriers, 4247 third-party administrators, servicing agents, or other claims 4248 handling entitys operations since the last previous 4249 examination. An investigation based upon a reasonable belief by 4250 the department that a material violation of this chapter has 4251 occurred may cover any time period, but may not predate the last 4252 examination by more than 5 years. The department may by rule 4253 establish procedures, standards, and protocols for examinations 4254 and investigations. If the department finds any violation of 4255 this chapter, it may impose administrative penalties pursuant to 4256 this chapter. If the department finds any self-insurer in 4257 violation of this chapter, it may take action pursuant to s. 4258 440.38(3). Examinations or investigations by the department may 4259 address, but are not limited to addressing, patterns or 4260 practices of unreasonable delay in claims handling; timeliness 4261 and accuracy of payments and reports under ss. 440.13, 440.16, 4262 and 440.185; or patterns or practices of harassment, coercion, 4263 or intimidation of claimants. The department may also specify by 4264 rule the documentation to be maintained for each claim file. 4265 Revisers note.Amended to improve clarity. 4266 Section 100.Subsection (5) of section 455.32, Florida 4267 Statutes, is amended to read: 4268 455.32Management Privatization Act. 4269 (5)Any such corporation may hire staff as necessary to 4270 carry out its functions. Such staff are not public employees for 4271 the purposes of chapter 110 or chapter 112, except that the 4272 board of directors and the employees of the corporation are 4273 subject to the provisions of s. 112.061 and part III of chapter 4274 112. The provisions of s. 768.28 apply to each such corporation, 4275 which is deemed to be a corporation primarily acting as an 4276 instrumentality of the state but which is not an agency within 4277 the meaning of s. 20.03(1) 20.03(11). 4278 Revisers note.Amended to conform to the reordering of 4279 definitions in s. 20.03 by this act. 4280 Section 101.Paragraph (a) of subsection (2) of section 4281 456.048, Florida Statutes, is amended to read: 4282 456.048Financial responsibility requirements for certain 4283 health care practitioners. 4284 (2)The board or department may grant exemptions upon 4285 application by practitioners meeting any of the following 4286 criteria: 4287 (a)Any person licensed under chapter 457, s. 458.3475, s. 4288 459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or 4289 chapter 467 who practices exclusively as an officer, employee, 4290 or agent of the Federal Government or of the state or its 4291 agencies or its subdivisions. For the purposes of this 4292 subsection, an agent of the state, its agencies, or its 4293 subdivisions is a person who is eligible for coverage under any 4294 self-insurance or insurance program authorized by the provisions 4295 of s. 768.28(16) or who is a volunteer under s. 110.501(4) 4296 110.501(1). 4297 Revisers note.Amended to conform to the reordering of 4298 definitions in s. 110.501 by this act. 4299 Section 102.Subsection (17) of section 456.076, Florida 4300 Statutes, is amended to read: 4301 456.076Impaired practitioner programs. 4302 (17)A consultant may disclose to a referral or 4303 participant, or to the legal representative of the referral or 4304 participant, the documents, records, or other information from 4305 the consultants file, including information received by the 4306 consultant from other sources; information on the terms required 4307 for the referrals or participants monitoring contract, the 4308 referrals or participants progress or inability to progress, 4309 or the referrals or participants discharge or termination; 4310 information supporting the conclusion of material noncompliance; 4311 or any other information required by law. The consultant must 4312 disclose to the department, upon the departments request, 4313 whether an applicant for a multistate license under s. 464.0095 4314 is participating in a treatment program and must report to the 4315 department when a nurse holding a multistate license under s. 4316 464.0095 enters a treatment program. A nurse holding a 4317 multistate license pursuant to s. 464.0095 must report to the 4318 department within 2 business days after entering a treatment 4319 program pursuant to this section. If a consultant discloses 4320 information to the department in accordance with this chapter 4321 part, a referral or participant, or his or her legal 4322 representative, may obtain a complete copy of the consultants 4323 file from the consultant or the department under s. 456.073. 4324 Revisers note.Amended to conform to the arrangement of chapter 4325 456, which is not divided into parts. 4326 Section 103.Paragraphs (f) through (h) of subsection (5) 4327 of section 468.603, Florida Statutes, are reordered and amended 4328 to read: 4329 468.603Definitions.As used in this part: 4330 (5)Categories of building code inspectors include the 4331 following: 4332 (h)(f)Residential inspector means a person who is 4333 qualified to inspect and determine that one-family, two-family, 4334 or three-family residences not exceeding two habitable stories 4335 above no more than one uninhabitable story and accessory use 4336 structures in connection therewith are constructed in accordance 4337 with the provisions of the governing building, plumbing, 4338 mechanical, accessibility, and electrical codes. 4339 (f)(g)Plumbing inspector means a person who is qualified 4340 to inspect and determine that the plumbing installations and 4341 systems for buildings and structures are in compliance with the 4342 provisions of the governing plumbing code. 4343 (g)(h)Residential electrical inspector means a person 4344 who is qualified to inspect and determine the electrical safety 4345 of one and two family dwellings and accessory structures by 4346 inspecting for compliance with the applicable provisions of the 4347 governing electrical code. 4348 Revisers note.Amended to place the definitions of subsection 4349 (5) in alphabetical order. 4350 Section 104.Subsection (3) of section 471.038, Florida 4351 Statutes, is amended to read: 4352 471.038Florida Engineers Management Corporation. 4353 (3)The Florida Engineers Management Corporation is created 4354 to provide administrative, investigative, and prosecutorial 4355 services to the board in accordance with the provisions of 4356 chapter 455 and this chapter. The management corporation may 4357 hire staff as necessary to carry out its functions. Such staff 4358 are not public employees for the purposes of chapter 110 or 4359 chapter 112, except that the board of directors and the staff 4360 are subject to the provisions of s. 112.061. The provisions of 4361 s. 768.28 apply to the management corporation, which is deemed 4362 to be a corporation primarily acting as an instrumentality of 4363 the state, but which is not an agency within the meaning of s. 4364 20.03(1) 20.03(11). The management corporation shall: 4365 (a)Be a Florida corporation not for profit, incorporated 4366 under the provisions of chapter 617. 4367 (b)Provide administrative, investigative, and 4368 prosecutorial services to the board in accordance with the 4369 provisions of chapter 455, this chapter, and the contract 4370 required by this section. 4371 (c)Receive, hold, and administer property and make only 4372 prudent expenditures directly related to the responsibilities of 4373 the board, and in accordance with the contract required by this 4374 section. 4375 (d)Be approved by the board, and the department, to 4376 operate for the benefit of the board and in the best interest of 4377 the state. 4378 (e)Operate under a fiscal year that begins on July 1 of 4379 each year and ends on June 30 of the following year. 4380 (f)Have a seven-member board of directors, five of whom 4381 are to be appointed by the board and must be registrants 4382 regulated by the board and two of whom are to be appointed by 4383 the secretary and must be laypersons not regulated by the board. 4384 All appointments shall be for 4-year terms. No member shall 4385 serve more than two consecutive terms. Failure to attend three 4386 consecutive meetings shall be deemed a resignation from the 4387 board, and the vacancy shall be filled by a new appointment. 4388 (g)Select its officers in accordance with its bylaws. The 4389 members of the board of directors who were appointed by the 4390 board may be removed by the board. 4391 (h)Select the president of the management corporation, who 4392 shall also serve as executive director to the board, subject to 4393 approval of the board. 4394 (i)Use a portion of the interest derived from the 4395 management corporation account to offset the costs associated 4396 with the use of credit cards for payment of fees by applicants 4397 or licensees. 4398 (j)Operate under a written contract with the department 4399 which is approved by the board. The contract must provide for, 4400 but is not limited to: 4401 1.Submission by the management corporation of an annual 4402 budget that complies with board rules for approval by the board 4403 and the department. 4404 2.Annual certification by the board and the department 4405 that the management corporation is complying with the terms of 4406 the contract in a manner consistent with the goals and purposes 4407 of the board and in the best interest of the state. This 4408 certification must be reported in the boards minutes. The 4409 contract must also provide for methods and mechanisms to resolve 4410 any situation in which the certification process determines 4411 noncompliance. 4412 3.Funding of the management corporation through 4413 appropriations allocated to the regulation of professional 4414 engineers from the Professional Regulation Trust Fund. 4415 4.The reversion to the board, or the state if the board 4416 ceases to exist, of moneys, records, data, and property held in 4417 trust by the management corporation for the benefit of the 4418 board, if the management corporation is no longer approved to 4419 operate for the board or the board ceases to exist. All records 4420 and data in a computerized database shall be returned to the 4421 department in a form that is compatible with the computerized 4422 database of the department. 4423 5.The securing and maintaining by the management 4424 corporation, during the term of the contract and for all acts 4425 performed during the term of the contract, of all liability 4426 insurance coverages in an amount to be approved by the board to 4427 defend, indemnify, and hold harmless the management corporation 4428 and its officers and employees, the department and its 4429 employees, and the state against all claims arising from state 4430 and federal laws. Such insurance coverage must be with insurers 4431 qualified and doing business in the state. The management 4432 corporation must provide proof of insurance to the department. 4433 The department and its employees and the state are exempt from 4434 and are not liable for any sum of money which represents a 4435 deductible, which sums shall be the sole responsibility of the 4436 management corporation. Violation of this subparagraph shall be 4437 grounds for terminating the contract. 4438 6.Payment by the management corporation, out of its 4439 allocated budget, to the department of all costs of 4440 representation by the board counsel, including salary and 4441 benefits, travel, and any other compensation traditionally paid 4442 by the department to other board counsel. 4443 7.Payment by the management corporation, out of its 4444 allocated budget, to the department of all costs incurred by the 4445 management corporation or the board for the Division of 4446 Administrative Hearings of the Department of Management Services 4447 and any other cost for utilization of these state services. 4448 8.Payment by the management corporation, out of its 4449 allocated budget, to the department of reasonable costs 4450 associated with the contract monitor. 4451 (k)Provide for an annual financial audit of its financial 4452 accounts and records by an independent certified public 4453 accountant. The annual audit report shall include a management 4454 letter in accordance with s. 11.45 and a detailed supplemental 4455 schedule of expenditures for each expenditure category. The 4456 annual audit report must be submitted to the board, the 4457 department, and the Auditor General for review. 4458 (l)Provide for persons not employed by the corporation who 4459 are charged with the responsibility of receiving and depositing 4460 fee and fine revenues to have a faithful performance bond in 4461 such an amount and according to such terms as shall be 4462 determined in the contract. 4463 (m)Submit to the secretary, the board, and the 4464 Legislature, on or before October 1 of each year, a report on 4465 the status of the corporation which includes, but is not limited 4466 to, information concerning the programs and funds that have been 4467 transferred to the corporation. The report must include: the 4468 number of license applications received; the number approved and 4469 denied and the number of licenses issued; the number of 4470 examinations administered and the number of applicants who 4471 passed or failed the examination; the number of complaints 4472 received; the number determined to be legally sufficient; the 4473 number dismissed; the number determined to have probable cause; 4474 the number of administrative complaints issued and the status of 4475 the complaints; and the number and nature of disciplinary 4476 actions taken by the board. 4477 (n)Develop and submit to the department, performance 4478 standards and measurable outcomes for the board to adopt by rule 4479 in order to facilitate efficient and cost-effective regulation. 4480 Revisers note.Amended to conform to the reordering of 4481 definitions in s. 20.03 by this act. 4482 Section 105.Subsection (9) of section 491.003, Florida 4483 Statutes, is amended to read: 4484 491.003Definitions.As used in this chapter: 4485 (9)The term practice of marriage and family therapy 4486 means the use of scientific and applied marriage and family 4487 theories, methods, and procedures for the purpose of describing, 4488 evaluating, and modifying marital, family, and individual 4489 behavior, within the context of marital and family systems, 4490 including the context of marital formation and dissolution, and 4491 is based on marriage and family systems theory, marriage and 4492 family development, human development, normal and abnormal 4493 behavior, psychopathology, human sexuality, and 4494 psychotherapeutic and marriage and family therapy theories and 4495 techniques. The practice of marriage and family therapy includes 4496 methods of a psychological nature used to evaluate, assess, 4497 diagnose, treat, and prevent emotional and mental disorders or 4498 dysfunctions (whether cognitive, affective, or behavioral), 4499 sexual dysfunction, behavioral disorders, alcoholism, and 4500 substance abuse. The practice of marriage and family therapy 4501 includes, but is not limited to, marriage and family therapy, 4502 psychotherapy, including behavioral family therapy, 4503 hypnotherapy, and sex therapy. The practice of marriage and 4504 family therapy also includes counseling, behavior modification, 4505 consultation, client-centered advocacy, crisis intervention, and 4506 the provision of needed information and education to clients, 4507 when using methods of a psychological nature to evaluate, 4508 assess, diagnose, treat, and prevent emotional and mental 4509 disorders and dysfunctions (whether cognitive, affective, or 4510 behavioral), sexual dysfunction, behavioral disorders, 4511 alcoholism, or substance abuse. The practice of marriage and 4512 family therapy may also include clinical research into more 4513 effective psychotherapeutic modalities for the treatment and 4514 prevention of such conditions. 4515 (a)Marriage and family therapy may be rendered to 4516 individuals, including individuals affected by termination of 4517 marriage, to couples, whether married or unmarried, to families, 4518 or to groups. 4519 (b)The use of specific methods, techniques, or modalities 4520 within the practice of marriage and family therapy is restricted 4521 to marriage and family therapists appropriately trained in the 4522 use of such methods, techniques, or modalities. 4523 (c)The terms diagnose and treat, as used in this 4524 chapter, when considered in isolation or in conjunction with the 4525 rules of the board, may not be construed to permit the 4526 performance of any act that marriage and family therapists are 4527 not educated and trained to perform, including, but not limited 4528 to, admitting persons to hospitals for treatment of the 4529 foregoing conditions, treating persons in hospitals without 4530 medical supervision, prescribing medicinal drugs as defined in 4531 chapter 465, authorizing clinical laboratory procedures or 4532 radiological procedures or the use of electroconvulsive therapy. 4533 In addition, this definition may not be construed to permit any 4534 person licensed, provisionally licensed, registered, or 4535 certified pursuant to this chapter to describe or label any 4536 test, report, or procedure as psychological, except to relate 4537 specifically to the definition of practice authorized in this 4538 subsection. 4539 (d)The definition of marriage and family therapy 4540 contained in this subsection includes all services offered 4541 directly to the general public or through organizations, whether 4542 public or private, and applies whether payment is requested or 4543 received for services rendered. 4544 Revisers note.Amended to confirm an editorial insertion to 4545 improve clarity. 4546 Section 106.Subsection (6) of section 491.0045, Florida 4547 Statutes, is amended to read: 4548 491.0045Intern registration; requirements. 4549 (6)A registration issued on or before March 31, 2017, 4550 expires March 31, 2022, and may not be renewed or reissued. Any 4551 registration issued after March 31, 2017, expires 60 months 4552 after the date it is issued. The board may make a one-time 4553 exception to the requirements of this subsection in emergency or 4554 hardship cases, as defined by board rule, if the candidate has 4555 passed the theory and practice examination described in s. 4556 491.005(1)(d), (3)(d), and (4)(d). 4557 Revisers note.Amended to delete obsolete language. 4558 Section 107.Paragraph (s) of subsection (1) of section 4559 491.009, Florida Statutes, is amended to read: 4560 491.009Discipline. 4561 (1)The following acts constitute grounds for denial of a 4562 license or disciplinary action, as specified in s. 456.072(2) or 4563 s. 491.017: 4564 (s)Delegating professional responsibilities to a person 4565 who whom the licensee, registered intern, or certificateholder 4566 knows or has reason to know is not qualified by training or 4567 experience to perform such responsibilities. 4568 Revisers note.Amended to confirm an editorial substitution to 4569 conform to context. 4570 Section 108.Paragraph (i) of subsection (1) of section 4571 497.260, Florida Statutes, is amended to read: 4572 497.260Cemeteries; exemption; investigation and 4573 mediation. 4574 (1)The provisions of this chapter relating to cemeteries 4575 and all rules adopted pursuant thereto shall apply to all 4576 cemeteries except for: 4577 (i)A columbarium consisting of 5 acres or less which is 4578 located on the main campus of a state university as defined in 4579 s. 1000.21(8) 1000.21(6). The university or university direct 4580 support organization, as defined in s. 1004.28(1), which 4581 establishes the columbarium shall ensure that the columbarium is 4582 constructed and perpetually kept and maintained in a manner 4583 consistent with subsection (2) and the intent of this chapter. 4584 Revisers note.Amended to conform to the reordering of 4585 definitions in s. 1000.21 by this act. 4586 Section 109.Subsections (20) through (23) and (26) through 4587 (38) of section 550.002, Florida Statutes, are reordered and 4588 amended to read: 4589 550.002Definitions.As used in this chapter, the term: 4590 (21)(20)Operating day means a continuous period of 24 4591 hours starting with the beginning of the first performance of a 4592 race or game, even though the operating day may start during one 4593 calendar day and extend past midnight except that no jai alai 4594 game may commence after 1:30 a.m. 4595 (22)(21)Pari-mutuel or pari-mutuel wagering means a 4596 system of betting on races or games in which the winners divide 4597 the total amount bet, after deducting management expenses and 4598 taxes, in proportion to the sums they have wagered individually 4599 and with regard to the odds assigned to particular outcomes. 4600 (23)(22)Pari-mutuel facility means the grounds or 4601 property of a cardroom, racetrack, fronton, or other facility 4602 used by a licensed permitholder. 4603 (26)(23)Permitholder or permittee means a holder of a 4604 permit to conduct pari-mutuel wagering in this state as 4605 authorized in this chapter. 4606 (27)(26)Post time means the time set for the arrival at 4607 the starting point of the horses in a race or the beginning of a 4608 game in jai alai. 4609 (28)(27)Purse means the cash portion of the prize for 4610 which a race or game is contested. 4611 (29)(28)Quarter horse means a breed of horse developed 4612 in the western United States which is capable of high speed for 4613 a short distance and used in quarter horse racing registered 4614 with the American Quarter Horse Association. 4615 (30)(29)Regular wagering means contributions to pari 4616 mutuel pools involving wagering on a single entry in a single 4617 race, or a single jai alai player or team in a single game, such 4618 as the win pool, the place pool, or the show pool. 4619 (31)(30)Same class of races, games, or permit means, 4620 with respect to a jai alai permitholder, jai alai games or other 4621 jai alai permitholders; with respect to a greyhound 4622 permitholder, other greyhound permitholders conducting pari 4623 mutuel wagering; with respect to a thoroughbred permitholder, 4624 thoroughbred races or other thoroughbred permitholders; with 4625 respect to a harness permitholder, harness races or other 4626 harness permitholders; with respect to a quarter horse 4627 permitholder, quarter horse races or other quarter horse 4628 permitholders. 4629 (32)(31)Simulcasting means broadcasting events occurring 4630 live at an in-state location to an out-of-state location, or 4631 receiving at an in-state location events occurring live at an 4632 out-of-state location, by the transmittal, retransmittal, 4633 reception, and rebroadcast of television or radio signals by 4634 wire, cable, satellite, microwave, or other electrical or 4635 electronic means for receiving or rebroadcasting the events. 4636 (33)(32)Standardbred horse means a pacing or trotting 4637 horse that is used in harness racing and that has been 4638 registered as a standardbred by the United States Trotting 4639 Association or by a foreign registry whose stud book is 4640 recognized by the United States Trotting Association. 4641 (34)(33)Takeout means the percentage of the pari-mutuel 4642 pools deducted by the permitholder prior to the distribution of 4643 the pool. 4644 (35)(34)Thoroughbred means a purebred horse whose 4645 ancestry can be traced back to one of three foundation sires and 4646 whose pedigree is registered in the American Stud Book or in a 4647 foreign stud book that is recognized by the Jockey Club and the 4648 International Stud Book Committee. 4649 (36)(35)Totalisator means the computer system used to 4650 accumulate wagers, record sales, calculate payoffs, and display 4651 wagering data on a display device that is located at a pari 4652 mutuel facility. 4653 (37)(36)Ultimate equitable owner means a natural person 4654 who, directly or indirectly, owns or controls 5 percent or more 4655 of an ownership interest in a corporation, foreign corporation, 4656 or alien business organization, regardless of whether such 4657 person owns or controls such ownership through one or more 4658 natural persons or one or more proxies, powers of attorney, 4659 nominees, corporations, associations, partnerships, trusts, 4660 joint stock companies, or other entities or devices, or any 4661 combination thereof. 4662 (38)(37)Year, for purposes of determining a full 4663 schedule of live racing, means the state fiscal year. 4664 (20)(38)Net pool pricing means a method of calculating 4665 prices awarded to winning wagers relative to the contribution, 4666 net of takeouts, to a pool by each participating jurisdiction 4667 or, as applicable, site. 4668 Revisers note.Amended to place the definitions of subsections 4669 (20) through (23) and (26) through (38) in alphabetical 4670 order. 4671 Section 110.Paragraph (b) of subsection (1) of section 4672 550.01215, Florida Statutes, is amended to read: 4673 550.01215License application; periods of operation; 4674 license fees; bond. 4675 (1)Each permitholder shall annually, during the period 4676 between December 15 and January 4, file in writing with the 4677 commission its application for an operating license for a pari 4678 mutuel facility for the conduct of pari-mutuel wagering during 4679 the next state fiscal year, including intertrack and simulcast 4680 race wagering. Each application for live performances must 4681 specify the number, dates, and starting times of all live 4682 performances that the permitholder intends to conduct. It must 4683 also specify which performances will be conducted as charity or 4684 scholarship performances. 4685 (b)1.A greyhound permitholder may not conduct live racing. 4686 A jai alai permitholder, harness horse racing permitholder, or 4687 quarter horse racing permitholder may elect not to conduct live 4688 racing or games. A thoroughbred permitholder must conduct live 4689 racing. A greyhound permitholder, jai alai permitholder, harness 4690 horse racing permitholder, or quarter horse racing permitholder 4691 that does not conduct live racing or games retains its permit; 4692 is a pari-mutuel facility as defined in s. 550.002(23) 4693 550.002(22); if such permitholder has been issued a slot machine 4694 license, the facility where such permit is located remains an 4695 eligible facility as defined in s. 551.102(4), continues to be 4696 eligible for a slot machine license pursuant to s. 551.104(3), 4697 and is exempt from ss. 551.104(4)(c) and (10) and 551.114(2); is 4698 eligible, but not required, to be a guest track and, if the 4699 permitholder is a harness horse racing permitholder, to be a 4700 host track for purposes of intertrack wagering and simulcasting 4701 pursuant to ss. 550.3551, 550.615, 550.625, and 550.6305; and 4702 remains eligible for a cardroom license. 4703 2.A permitholder or licensee may not conduct live 4704 greyhound racing or dogracing in connection with any wager for 4705 money or any other thing of value in the state. The commission 4706 may deny, suspend, or revoke any permit or license under this 4707 chapter if a permitholder or licensee conducts live greyhound 4708 racing or dogracing in violation of this subparagraph. In 4709 addition to, or in lieu of, denial, suspension, or revocation of 4710 such permit or license, the commission may impose a civil 4711 penalty of up to $5,000 against the permitholder or licensee for 4712 a violation of this subparagraph. All penalties imposed and 4713 collected must be deposited with the Chief Financial Officer to 4714 the credit of the General Revenue Fund. 4715 Revisers note.Amended to conform to the reordering of 4716 definitions in s. 550.002 by this act. 4717 Section 111.Paragraph (b) of subsection (7) of section 4718 550.2625, Florida Statutes, is amended to read: 4719 550.2625Horseracing; minimum purse requirement, Florida 4720 breeders and owners awards. 4721 (7) 4722 (b)The commission shall deposit these collections to the 4723 credit of the General Inspection Trust Fund in a special account 4724 to be known as the Florida Appaloosa Racing Promotion Account. 4725 The Department of Agriculture and Consumer Services shall 4726 administer the funds and adopt suitable and reasonable rules for 4727 the administration thereof. The moneys in the Florida Appaloosa 4728 Racing Promotion Account shall be allocated solely for 4729 supplementing and augmenting purses and prizes and for the 4730 general promotion of owning and breeding of racing Appaloosas in 4731 this state.; and The moneys may not be used to defray any 4732 expense of the Department of Agriculture and Consumer Services 4733 in the administration of this chapter. 4734 Revisers note.Amended to improve sentence structure. 4735 Section 112.Subsection (1) of section 553.895, Florida 4736 Statutes, is amended to read: 4737 553.895Firesafety. 4738 (1)Any transient public lodging establishment, as defined 4739 in chapter 509 and used primarily for transient occupancy as 4740 defined in s. 83.43(17) 83.43(10), or any timeshare unit of a 4741 timeshare plan as defined in chapters 718 and 721, which is of 4742 three stories or more and for which the construction contract 4743 has been let after September 30, 1983, with interior corridors 4744 which do not have direct access from the guest area to exterior 4745 means of egress and on buildings over 75 feet in height that 4746 have direct access from the guest area to exterior means of 4747 egress and for which the construction contract has been let 4748 after September 30, 1983, shall be equipped with an automatic 4749 sprinkler system installed in compliance with the provisions 4750 prescribed in the National Fire Protection Association 4751 publication NFPA No. 13 (1985), Standards for the Installation 4752 of Sprinkler Systems. Each guest room and each timeshare unit 4753 shall be equipped with an approved listed single-station smoke 4754 detector meeting the minimum requirements of NFPA 74 (1984) 4755 Standards for the Installation, Maintenance and Use of 4756 Household Fire Warning Equipment, powered from the building 4757 electrical service, notwithstanding the number of stories in the 4758 structure, if the contract for construction is let after 4759 September 30, 1983. Single-station smoke detectors shall not be 4760 required when guest rooms or timeshare units contain smoke 4761 detectors connected to a central alarm system which also alarms 4762 locally. 4763 Revisers note.Amended to conform to the reordering of 4764 definitions in s. 83.43 by this act. 4765 Section 113.Paragraph (c) of subsection (1) of section 4766 560.141, Florida Statutes, is amended to read: 4767 560.141License application. 4768 (1)To apply for a license as a money services business 4769 under this chapter, the applicant must submit: 4770 (c)Fingerprints for each person listed in subparagraph 4771 (a)3. for live-scan processing in accordance with rules adopted 4772 by the commission. 4773 1.The fingerprints may be submitted through a third-party 4774 vendor authorized by the Department of Law Enforcement to 4775 provide live-scan fingerprinting. 4776 2.The Department of Law Enforcement must conduct the state 4777 criminal history background check, and a federal criminal 4778 history background check must be conducted through the Federal 4779 Bureau of Investigation. 4780 3.All fingerprints submitted to the Department of Law 4781 Enforcement must be submitted electronically and entered into 4782 the statewide automated fingerprint identification system 4783 established in s. 943.05(2)(b) and available for use in 4784 accordance with s. 943.05(2)(g) and (h). The office shall pay an 4785 annual fee to the Department of Law Enforcement to participate 4786 in the system and shall inform the Department of Law Enforcement 4787 of any person whose fingerprints no longer must be retained. 4788 4.The costs of fingerprint processing, including the cost 4789 of retaining the fingerprints, shall be borne by the person 4790 subject to the background check. 4791 5.The office shall review the results of the state and 4792 federal criminal history background checks and determine whether 4793 the applicant meets licensure requirements. 4794 6.For purposes of this paragraph, fingerprints are not 4795 required to be submitted if the applicant is a publicly traded 4796 corporation or is exempted from this chapter under s. 4797 560.104(1). 4798 7.Licensees initially approved before October 1, 2013, who 4799 are seeking renewal must submit fingerprints for each person 4800 listed in subparagraph (a)3. for live-scan processing pursuant 4801 to this paragraph. Such fingerprints must be submitted before 4802 renewing a license that is scheduled to expire between April 30, 4803 2014, and December 31, 2015. 4804 Revisers note.Amended to delete an obsolete provision. 4805 Section 114.Section 624.36, Florida Statutes, is amended 4806 to read: 4807 624.36Availability of description of specified behavioral 4808 health care benefits on department website Coverage of and 4809 access to behavioral health care services; complaints; 4810 reporting. 4811 (1)By January 31, 2022, the department shall submit a 4812 report to the Governor, the President of the Senate, and the 4813 Speaker of the House of Representatives relating to the 4814 disposition of complaints received from insureds and subscribers 4815 of insurers or health maintenance organizations regulated by the 4816 office relating to the access to and affordability of behavioral 4817 health care services and benefits during the prior calendar 4818 year. At a minimum, the report must include all of the following 4819 information: 4820 (a)The total number of complaints received. 4821 (b)The nature of the complaints, including, but not 4822 limited to, concerns related to access to in-network providers 4823 or facilities; access to inpatient or outpatient services; 4824 availability of specialists; affordability of services; 4825 equivalency of behavioral health care benefits with respect to 4826 medical and surgical benefits; quality of care; and denial of 4827 services, including the types of services denied and the stated 4828 reason for the denials. 4829 (c)The disposition of the complaints. 4830 (d)Any recommendations made by the department to the 4831 Legislature for ensuring the access to and affordability of 4832 behavioral health care services to insureds and subscribers. 4833 (2)The department shall make available on its website a 4834 description of behavioral health care benefits required to be 4835 made available pursuant to s. 627.668 and federal law for 4836 individual and group policies and contracts. 4837 Revisers note.Amended to delete an obsolete provision; the 4838 referenced plan was submitted to the recipients on January 4839 21, 2022. 4840 Section 115.Paragraph (h) of subsection (1) of section 4841 626.321, Florida Statutes, is amended to read: 4842 626.321Limited licenses and registration. 4843 (1)The department shall issue to a qualified applicant a 4844 license as agent authorized to transact a limited class of 4845 business in any of the following categories of limited lines 4846 insurance: 4847 (h)Portable electronics insurance.License for property 4848 insurance or inland marine insurance that covers only loss, 4849 theft, mechanical failure, malfunction, or damage for portable 4850 electronics. 4851 1.The license may be issued only to: 4852 a.Employees or authorized representatives of a licensed 4853 general lines agent; or 4854 b.The lead business location of a retail vendor that sells 4855 portable electronics insurance. The lead business location must 4856 have a contractual relationship with a general lines agent. 4857 2.Employees or authorized representatives of a licensee 4858 under subparagraph 1. may sell or offer for sale portable 4859 electronics coverage without being subject to licensure as an 4860 insurance agent if: 4861 a.Such insurance is sold or offered for sale at a licensed 4862 location or at one of the licensees branch locations if the 4863 branch location is appointed by the licensed lead business 4864 location or its appointing insurers; 4865 b.The insurer issuing the insurance directly supervises or 4866 appoints a general lines agent to supervise the sale of such 4867 insurance, including the development of a training program for 4868 the employees and authorized representatives of vendors that are 4869 directly engaged in the activity of selling or offering the 4870 insurance; and 4871 c.At each location where the insurance is offered, 4872 brochures or other written materials that provide the 4873 information required by this subparagraph are made available to 4874 all prospective customers. The brochures or written materials 4875 may include information regarding portable electronics 4876 insurance, service warranty agreements, or other incidental 4877 services or benefits offered by a licensee. 4878 3.Individuals not licensed to sell portable electronics 4879 insurance may not be paid commissions based on the sale of such 4880 coverage. However, a licensee who uses a compensation plan for 4881 employees and authorized representatives which includes 4882 supplemental compensation for the sale of noninsurance products, 4883 in addition to a regular salary or hourly wages, may include 4884 incidental compensation for the sale of portable electronics 4885 insurance as a component of the overall compensation plan. 4886 4.Brochures or other written materials related to portable 4887 electronics insurance must: 4888 a.Disclose that such insurance may duplicate coverage 4889 already provided by a customers homeowners insurance policy, 4890 renters insurance policy, or other source of coverage; 4891 b.State that enrollment in insurance coverage is not 4892 required in order to purchase or lease portable electronics or 4893 services; 4894 c.Summarize the material terms of the insurance coverage, 4895 including the identity of the insurer, the identity of the 4896 supervising entity, the amount of any applicable deductible and 4897 how it is to be paid, the benefits of coverage, and key terms 4898 and conditions of coverage, such as whether portable electronics 4899 may be repaired or replaced with similar make and model 4900 reconditioned or nonoriginal manufacturer parts or equipment; 4901 d.Summarize the process for filing a claim, including a 4902 description of how to return portable electronics and the 4903 maximum fee applicable if the customer fails to comply with 4904 equipment return requirements; and 4905 e.State that an enrolled customer may cancel coverage at 4906 any time and that the person paying the premium will receive a 4907 refund of any unearned premium. 4908 5.A licensed and appointed general lines agent is not 4909 required to obtain a portable electronics insurance license to 4910 offer or sell portable electronics insurance at locations 4911 already licensed as an insurance agency, but may apply for a 4912 portable electronics insurance license for branch locations not 4913 otherwise licensed to sell insurance. 4914 6.A portable electronics license authorizes the sale of 4915 individual policies or certificates under a group or master 4916 insurance policy. The license also authorizes the sale of 4917 service warranty agreements covering only portable electronics 4918 to the same extent as if licensed under s. 634.419 or s. 4919 634.420. 4920 7.A licensee may bill and collect the premium for the 4921 purchase of portable electronics insurance provided that: 4922 a.If the insurance is included with the purchase or lease 4923 of portable electronics or related services, the licensee 4924 clearly and conspicuously discloses that insurance coverage is 4925 included with the purchase. Disclosure of the stand-alone cost 4926 of the premium for same or similar insurance must be made on the 4927 customers bill and in any marketing materials made available at 4928 the point of sale. If the insurance is not included, the charge 4929 to the customer for the insurance must be separately itemized on 4930 the customers bill. 4931 b.Premiums are incidental to other fees collected, are 4932 maintained in a manner that is readily identifiable, and are 4933 accounted for and remitted to the insurer or supervising entity 4934 within 60 days of receipt. Licensees are not required to 4935 maintain such funds in a segregated account. 4936 c.All funds received by a licensee from an enrolled 4937 customer for the sale of the insurance are considered funds held 4938 in trust by the licensee in a fiduciary capacity for the benefit 4939 of the insurer. Licensees may receive compensation for billing 4940 and collection services. 4941 8.Notwithstanding any other provision of law, the terms 4942 for the termination or modification of coverage under a policy 4943 of portable electronics insurance are those set forth in the 4944 policy. 4945 9.Notice or correspondence required by the policy, or 4946 otherwise required by law, may be provided by electronic means 4947 if the insurer or licensee maintains proof that the notice or 4948 correspondence was sent. Such notice or correspondence may be 4949 sent on behalf of the insurer or licensee by the general lines 4950 agent appointed by the insurer to supervise the administration 4951 of the program. For purposes of this subparagraph, an enrolled 4952 customers provision of an electronic mail address to the 4953 insurer or licensee is deemed to be consent to receive notices 4954 and correspondence by electronic means if a conspicuously 4955 located disclosure is provided to the customer indicating the 4956 same. 4957 10.The fingerprinting fingerprints requirements in s. 4958 626.171(4) do not apply to licenses issued to qualified entities 4959 under this paragraph. 4960 11.A branch location that sells portable electronics 4961 insurance may, in lieu of obtaining an appointment from an 4962 insurer or warranty association, obtain a single appointment 4963 from the associated lead business location licensee and pay the 4964 prescribed appointment fee under s. 624.501 if the lead business 4965 location has a single appointment from each insurer or warranty 4966 association represented and such appointment applies to the lead 4967 business location and all of its branch locations. Branch 4968 location appointments shall be renewed 24 months after the 4969 initial appointment date of the lead business location and every 4970 24 months thereafter. Notwithstanding s. 624.501, the renewal 4971 fee applicable to such branch location appointments is $30 per 4972 appointment. 4973 12.For purposes of this paragraph: 4974 a.Branch location means any physical location in this 4975 state at which a licensee offers its products or services for 4976 sale. 4977 b.Portable electronics means personal, self-contained, 4978 easily carried by an individual, battery-operated electronic 4979 communication, viewing, listening, recording, gaming, computing 4980 or global positioning devices, including cell or satellite 4981 phones, pagers, personal global positioning satellite units, 4982 portable computers, portable audio listening, video viewing or 4983 recording devices, digital cameras, video camcorders, portable 4984 gaming systems, docking stations, automatic answering devices, 4985 and other similar devices and their accessories, and service 4986 related to the use of such devices. 4987 c.Portable electronics transaction means the sale or 4988 lease of portable electronics or a related service, including 4989 portable electronics insurance. 4990 Revisers note.Amended to confirm an editorial substitution to 4991 conform to context. 4992 Section 116.Subsections (2), (5), and (6) of section 4993 626.9891, Florida Statutes, are amended to read: 4994 626.9891Insurer anti-fraud investigative units; reporting 4995 requirements; penalties for noncompliance. 4996 (2)By December 31, 2017, Every insurer admitted to do 4997 business in this state shall: 4998 (a)1.Establish and maintain a designated anti-fraud unit 4999 or division within the company to investigate and report 5000 possible fraudulent insurance acts by insureds or by persons 5001 making claims for services or repairs against policies held by 5002 insureds; or 5003 2.Contract with others to investigate and report possible 5004 fraudulent insurance acts by insureds or by persons making 5005 claims for services or repairs against policies held by 5006 insureds. 5007 (b)Adopt an anti-fraud plan. 5008 (c)Designate at least one employee with primary 5009 responsibility for implementing the requirements of this 5010 section. 5011 (d)Electronically file with the Division of Investigative 5012 and Forensic Services of the department, and annually 5013 thereafter, a detailed description of the designated anti-fraud 5014 unit or division or a copy of the contract executed under 5015 subparagraph (a)2., as applicable, a copy of the anti-fraud 5016 plan, and the name of the employee designated under paragraph 5017 (c). 5018 5019 An insurer must include the additional cost incurred in creating 5020 a distinct unit or division, hiring additional employees, or 5021 contracting with another entity to fulfill the requirements of 5022 this section, as an administrative expense for ratemaking 5023 purposes. 5024 (5)Each insurer is required to report data related to 5025 fraud for each identified line of business written by the 5026 insurer during the prior calendar year. The data shall be 5027 reported to the department annually by March 1, 2019, and 5028 annually thereafter, and must include, at a minimum: 5029 (a)The number of policies in effect; 5030 (b)The amount of premiums written for policies; 5031 (c)The number of claims received; 5032 (d)The number of claims referred to the anti-fraud 5033 investigative unit; 5034 (e)The number of other insurance fraud matters referred to 5035 the anti-fraud investigative unit that were not claim related; 5036 (f)The number of claims investigated or accepted by the 5037 anti-fraud investigative unit; 5038 (g)The number of other insurance fraud matters 5039 investigated or accepted by the anti-fraud investigative unit 5040 that were not claim related; 5041 (h)The number of cases referred to the Division of 5042 Investigative and Forensic Services; 5043 (i)The number of cases referred to other law enforcement 5044 agencies; 5045 (j)The number of cases referred to other entities; and 5046 (k)The estimated dollar amount or range of damages on 5047 cases referred to the Division of Investigative and Forensic 5048 Services or other agencies. 5049 (6)In addition to providing information required under 5050 subsections (2), (4), and (5), each insurer writing workers 5051 compensation insurance shall also report the following 5052 information to the department, annually, on or before March 1, 5053 2019, and annually thereafter: 5054 (a)The estimated dollar amount of losses attributable to 5055 workers compensation fraud delineated by the type of fraud, 5056 including claimant, employer, provider, agent, or other type. 5057 (b)The estimated dollar amount of recoveries attributable 5058 to workers compensation fraud delineated by the type of fraud, 5059 including claimant, employer, provider, agent, or other type. 5060 (c)The number of cases referred to the Division of 5061 Investigative and Forensic Services, delineated by the type of 5062 fraud, including claimant, employer, provider, agent, or other 5063 type. 5064 Revisers note.Amended to delete obsolete language. 5065 Section 117.Subsection (1) of section 695.031, Florida 5066 Statutes, is amended to read: 5067 695.031Affidavits and acknowledgments by members of armed 5068 forces and their spouses. 5069 (1)In addition to the manner, form and proof of 5070 acknowledgment of instruments as now provided by law, any person 5071 serving in or with the Armed Forces of the United States, 5072 including the Army, Navy, Air Force, Marine Corps, Space Force, 5073 Coast Guard, or any component or any arm or service of any 5074 thereof, including any female auxiliary of any thereof, and any 5075 person whose duties require his or her presence with the Armed 5076 Forces of the United States, as herein designated, or otherwise 5077 designated by law or military or naval command, may acknowledge 5078 any instrument, wherever located, either within or without the 5079 state, or without the United States, before any commissioned 5080 officer in active service of the Armed Forces of the United 5081 States, as herein designated, or otherwise designated by law, or 5082 military or naval command, or order, with the rank of second 5083 lieutenant or higher in the Army, Air Force, Space Force, or 5084 Marine Corps, or of any component or any arm or service of any 5085 thereof, including any female auxiliary of any thereof, or 5086 ensign or higher in the Navy or United States Coast Guard, or of 5087 any component or any arm or service of either thereof, including 5088 any female auxiliary of any thereof. 5089 Revisers note.Amended to delete obsolete language to conform 5090 to the fact that female auxiliary forces no longer exist. 5091 Section 118.Subsections (1) through (4) of section 5092 705.101, Florida Statutes, are reordered and amended to read: 5093 705.101Definitions.As used in this chapter: 5094 (3)(1)Local government means the board of county 5095 commissioners of a county or the commission or council of any 5096 municipality in the county. 5097 (4)(2)Lost property means all tangible personal property 5098 which does not have an identifiable owner and which has been 5099 mislaid on public property, upon a public conveyance, on 5100 premises used at the time for business purposes, or in parks, 5101 places of amusement, public recreation areas, or other places 5102 open to the public in a substantially operable, functioning 5103 condition or which has an apparent intrinsic value to the 5104 rightful owner. 5105 (1)(3)Abandoned property means all tangible personal 5106 property that does not have an identifiable owner and that has 5107 been disposed on public property in a wrecked, inoperative, or 5108 partially dismantled condition or has no apparent intrinsic 5109 value to the rightful owner. The term includes derelict vessels 5110 as defined in s. 823.11 and vessels declared a public nuisance 5111 pursuant to s. 327.73(1)(aa). 5112 (2)(4)Law enforcement officer means any person who is 5113 elected, appointed, or employed full time by any sheriff, any 5114 municipality, or the state or any political subdivision thereof; 5115 who is vested with authority to bear arms and make arrests; and 5116 whose primary responsibility is the prevention and detection of 5117 crime or the enforcement of the penal, criminal, traffic, or 5118 highway laws of the state. This definition includes all 5119 certified supervisory and command personnel whose duties 5120 include, in whole or in part, the supervision, training, 5121 guidance, and management responsibilities of full-time law 5122 enforcement officers or auxiliary law enforcement officers but 5123 does not include support personnel employed by the employing 5124 agency. 5125 Revisers note.Amended to place the definitions of the section 5126 in alphabetical order. 5127 Section 119.Paragraph (d) of subsection (1) of section 5128 718.501, Florida Statutes, is amended to read: 5129 718.501Authority, responsibility, and duties of Division 5130 of Florida Condominiums, Timeshares, and Mobile Homes. 5131 (1)The division may enforce and ensure compliance with 5132 this chapter and rules relating to the development, 5133 construction, sale, lease, ownership, operation, and management 5134 of residential condominium units and complaints related to the 5135 procedural completion of milestone inspections under s. 553.899. 5136 In performing its duties, the division has complete jurisdiction 5137 to investigate complaints and enforce compliance with respect to 5138 associations that are still under developer control or the 5139 control of a bulk assignee or bulk buyer pursuant to part VII of 5140 this chapter and complaints against developers, bulk assignees, 5141 or bulk buyers involving improper turnover or failure to 5142 turnover, pursuant to s. 718.301. However, after turnover has 5143 occurred, the division has jurisdiction to investigate 5144 complaints related only to financial issues, elections, and the 5145 maintenance of and unit owner access to association records 5146 under s. 718.111(12), and the procedural completion of 5147 structural integrity reserve studies under s. 718.112(2)(g). 5148 (d)Notwithstanding any remedies available to unit owners 5149 and associations, if the division has reasonable cause to 5150 believe that a violation of any provision of this chapter or 5151 related rule has occurred, the division may institute 5152 enforcement proceedings in its own name against any developer, 5153 bulk assignee, bulk buyer, association, officer, or member of 5154 the board of administration, or its assignees or agents, as 5155 follows: 5156 1.The division may permit a person whose conduct or 5157 actions may be under investigation to waive formal proceedings 5158 and enter into a consent proceeding whereby orders, rules, or 5159 letters of censure or warning, whether formal or informal, may 5160 be entered against the person. 5161 2.The division may issue an order requiring the developer, 5162 bulk assignee, bulk buyer, association, developer-designated 5163 officer, or developer-designated member of the board of 5164 administration, developer-designated assignees or agents, bulk 5165 assignee-designated assignees or agents, bulk buyer-designated 5166 assignees or agents, community association manager, or community 5167 association management firm to cease and desist from the 5168 unlawful practice and take such affirmative action as in the 5169 judgment of the division carry out the purposes of this chapter. 5170 If the division finds that a developer, bulk assignee, bulk 5171 buyer, association, officer, or member of the board of 5172 administration, or its assignees or agents, is violating or is 5173 about to violate any provision of this chapter, any rule adopted 5174 or order issued by the division, or any written agreement 5175 entered into with the division, and presents an immediate danger 5176 to the public requiring an immediate final order, it may issue 5177 an emergency cease and desist order reciting with particularity 5178 the facts underlying such findings. The emergency cease and 5179 desist order is effective for 90 days. If the division begins 5180 nonemergency cease and desist proceedings, the emergency cease 5181 and desist order remains effective until the conclusion of the 5182 proceedings under ss. 120.569 and 120.57. 5183 3.If a developer, bulk assignee, or bulk buyer fails to 5184 pay any restitution determined by the division to be owed, plus 5185 any accrued interest at the highest rate permitted by law, 5186 within 30 days after expiration of any appellate time period of 5187 a final order requiring payment of restitution or the conclusion 5188 of any appeal thereof, whichever is later, the division must 5189 bring an action in circuit or county court on behalf of any 5190 association, class of unit owners, lessees, or purchasers for 5191 restitution, declaratory relief, injunctive relief, or any other 5192 available remedy. The division may also temporarily revoke its 5193 acceptance of the filing for the developer to which the 5194 restitution relates until payment of restitution is made. 5195 4.The division may petition the court for appointment of a 5196 receiver or conservator. If appointed, the receiver or 5197 conservator may take action to implement the court order to 5198 ensure the performance of the order and to remedy any breach 5199 thereof. In addition to all other means provided by law for the 5200 enforcement of an injunction or temporary restraining order, the 5201 circuit court may impound or sequester the property of a party 5202 defendant, including books, papers, documents, and related 5203 records, and allow the examination and use of the property by 5204 the division and a court-appointed receiver or conservator. 5205 5.The division may apply to the circuit court for an order 5206 of restitution whereby the defendant in an action brought under 5207 subparagraph 4. is ordered to make restitution of those sums 5208 shown by the division to have been obtained by the defendant in 5209 violation of this chapter. At the option of the court, such 5210 restitution is payable to the conservator or receiver appointed 5211 under subparagraph 4. or directly to the persons whose funds or 5212 assets were obtained in violation of this chapter. 5213 6.The division may impose a civil penalty against a 5214 developer, bulk assignee, or bulk buyer, or association, or its 5215 assignee or agent, for any violation of this chapter or related 5216 rule. The division may impose a civil penalty individually 5217 against an officer or board member who willfully and knowingly 5218 violates this chapter, an adopted rule, or a final order of the 5219 division; may order the removal of such individual as an officer 5220 or from the board of administration or as an officer of the 5221 association; and may prohibit such individual from serving as an 5222 officer or on the board of a community association for a period 5223 of time. The term willfully and knowingly means that the 5224 division informed the officer or board member that his or her 5225 action or intended action violates this chapter, a rule adopted 5226 under this chapter, or a final order of the division and that 5227 the officer or board member refused to comply with the 5228 requirements of this chapter, a rule adopted under this chapter, 5229 or a final order of the division. The division, before 5230 initiating formal agency action under chapter 120, must afford 5231 the officer or board member an opportunity to voluntarily 5232 comply, and an officer or board member who complies within 10 5233 days is not subject to a civil penalty. A penalty may be imposed 5234 on the basis of each day of continuing violation, but the 5235 penalty for any offense may not exceed $5,000. The division 5236 shall adopt, by rule, penalty guidelines applicable to possible 5237 violations or to categories of violations of this chapter or 5238 rules adopted by the division. The guidelines must specify a 5239 meaningful range of civil penalties for each such violation of 5240 the statute and rules and must be based upon the harm caused by 5241 the violation, upon the repetition of the violation, and upon 5242 such other factors deemed relevant by the division. For example, 5243 the division may consider whether the violations were committed 5244 by a developer, bulk assignee, or bulk buyer, or owner 5245 controlled association, the size of the association, and other 5246 factors. The guidelines must designate the possible mitigating 5247 or aggravating circumstances that justify a departure from the 5248 range of penalties provided by the rules. It is the legislative 5249 intent that minor violations be distinguished from those which 5250 endanger the health, safety, or welfare of the condominium 5251 residents or other persons and that such guidelines provide 5252 reasonable and meaningful notice to the public of likely 5253 penalties that may be imposed for proscribed conduct. This 5254 subsection does not limit the ability of the division to 5255 informally dispose of administrative actions or complaints by 5256 stipulation, agreed settlement, or consent order. All amounts 5257 collected shall be deposited with the Chief Financial Officer to 5258 the credit of the Division of Florida Condominiums, Timeshares, 5259 and Mobile Homes Trust Fund. If a developer, bulk assignee, or 5260 bulk buyer fails to pay the civil penalty and the amount deemed 5261 to be owed to the association, the division shall issue an order 5262 directing that such developer, bulk assignee, or bulk buyer 5263 cease and desist from further operation until such time as the 5264 civil penalty is paid or may pursue enforcement of the penalty 5265 in a court of competent jurisdiction. If an association fails to 5266 pay the civil penalty, the division shall pursue enforcement in 5267 a court of competent jurisdiction, and the order imposing the 5268 civil penalty or the cease and desist order is not effective 5269 until 20 days after the date of such order. Any action commenced 5270 by the division shall be brought in the county in which the 5271 division has its executive offices or in the county where the 5272 violation occurred. 5273 7.If a unit owner presents the division with proof that 5274 the unit owner has requested access to official records in 5275 writing by certified mail, and that after 10 days the unit owner 5276 again made the same request for access to official records in 5277 writing by certified mail, and that more than 10 days has 5278 elapsed since the second request and the association has still 5279 failed or refused to provide access to official records as 5280 required by this chapter, the division shall issue a subpoena 5281 requiring production of the requested records where the records 5282 are kept pursuant to s. 718.112. 5283 8.In addition to subparagraph 6., the division may seek 5284 the imposition of a civil penalty through the circuit court for 5285 any violation for which the division may issue a notice to show 5286 cause under paragraph (r). The civil penalty shall be at least 5287 $500 but no more than $5,000 for each violation. The court may 5288 also award to the prevailing party court costs and reasonable 5289 attorney fees and, if the division prevails, may also award 5290 reasonable costs of investigation. 5291 Revisers note.Amended to confirm an editorial insertion to 5292 improve clarity and for consistency with the rest of the 5293 sentence. 5294 Section 120.Paragraph (d) of subsection (1) of section 5295 719.501, Florida Statutes, is amended to read: 5296 719.501Powers and duties of Division of Florida 5297 Condominiums, Timeshares, and Mobile Homes. 5298 (1)The Division of Florida Condominiums, Timeshares, and 5299 Mobile Homes of the Department of Business and Professional 5300 Regulation, referred to as the division in this part, in 5301 addition to other powers and duties prescribed by chapter 718, 5302 has the power to enforce and ensure compliance with this chapter 5303 and adopted rules relating to the development, construction, 5304 sale, lease, ownership, operation, and management of residential 5305 cooperative units; complaints related to the procedural 5306 completion of the structural integrity reserve studies under s. 5307 719.106(1)(k); and complaints related to the procedural 5308 completion of milestone inspections under s. 553.899. In 5309 performing its duties, the division shall have the following 5310 powers and duties: 5311 (d)Notwithstanding any remedies available to unit owners 5312 and associations, if the division has reasonable cause to 5313 believe that a violation of any provision of this chapter or 5314 related rule has occurred, the division may institute 5315 enforcement proceedings in its own name against a developer, 5316 association, officer, or member of the board, or its assignees 5317 or agents, as follows: 5318 1.The division may permit a person whose conduct or 5319 actions may be under investigation to waive formal proceedings 5320 and enter into a consent proceeding whereby orders, rules, or 5321 letters of censure or warning, whether formal or informal, may 5322 be entered against the person. 5323 2.The division may issue an order requiring the developer, 5324 association, officer, or member of the board, or its assignees 5325 or agents, to cease and desist from the unlawful practice and 5326 take such affirmative action as in the judgment of the division 5327 will carry out the purposes of this chapter. Such affirmative 5328 action may include, but is not limited to, an order requiring a 5329 developer to pay moneys determined to be owed to a condominium 5330 association. 5331 3.The division may bring an action in circuit court on 5332 behalf of a class of unit owners, lessees, or purchasers for 5333 declaratory relief, injunctive relief, or restitution. 5334 4.The division may impose a civil penalty against a 5335 developer or association, or its assignees or agents, for any 5336 violation of this chapter or related rule. The division may 5337 impose a civil penalty individually against any officer or board 5338 member who willfully and knowingly violates a provision of this 5339 chapter, a rule adopted pursuant to this chapter, or a final 5340 order of the division. The term willfully and knowingly means 5341 that the division informed the officer or board member that his 5342 or her action or intended action violates this chapter, a rule 5343 adopted under this chapter, or a final order of the division, 5344 and that the officer or board member refused to comply with the 5345 requirements of this chapter, a rule adopted under this chapter, 5346 or a final order of the division. The division, prior to 5347 initiating formal agency action under chapter 120, shall afford 5348 the officer or board member an opportunity to voluntarily comply 5349 with this chapter, a rule adopted under this chapter, or a final 5350 order of the division. An officer or board member who complies 5351 within 10 days is not subject to a civil penalty. A penalty may 5352 be imposed on the basis of each day of continuing violation, but 5353 in no event shall the penalty for any offense exceed $5,000. By 5354 January 1, 1998, The division shall adopt, by rule, penalty 5355 guidelines applicable to possible violations or to categories of 5356 violations of this chapter or rules adopted by the division. The 5357 guidelines must specify a meaningful range of civil penalties 5358 for each such violation of the statute and rules and must be 5359 based upon the harm caused by the violation, upon the repetition 5360 of the violation, and upon such other factors deemed relevant by 5361 the division. For example, the division may consider whether the 5362 violations were committed by a developer or owner-controlled 5363 association, the size of the association, and other factors. The 5364 guidelines must designate the possible mitigating or aggravating 5365 circumstances that justify a departure from the range of 5366 penalties provided by the rules. It is the legislative intent 5367 that minor violations be distinguished from those which endanger 5368 the health, safety, or welfare of the cooperative residents or 5369 other persons and that such guidelines provide reasonable and 5370 meaningful notice to the public of likely penalties that may be 5371 imposed for proscribed conduct. This subsection does not limit 5372 the ability of the division to informally dispose of 5373 administrative actions or complaints by stipulation, agreed 5374 settlement, or consent order. All amounts collected shall be 5375 deposited with the Chief Financial Officer to the credit of the 5376 Division of Florida Condominiums, Timeshares, and Mobile Homes 5377 Trust Fund. If a developer fails to pay the civil penalty, the 5378 division shall thereupon issue an order directing that such 5379 developer cease and desist from further operation until such 5380 time as the civil penalty is paid or may pursue enforcement of 5381 the penalty in a court of competent jurisdiction. If an 5382 association fails to pay the civil penalty, the division shall 5383 thereupon pursue enforcement in a court of competent 5384 jurisdiction, and the order imposing the civil penalty or the 5385 cease and desist order shall not become effective until 20 days 5386 after the date of such order. Any action commenced by the 5387 division shall be brought in the county in which the division 5388 has its executive offices or in the county where the violation 5389 occurred. 5390 Revisers note.Amended to delete obsolete language and to 5391 confirm an editorial insertion to improve clarity and for 5392 consistency with the rest of the sentence. 5393 Section 121.Paragraph (b) of subsection (2) of section 5394 720.304, Florida Statutes, is amended to read: 5395 720.304Right of owners to peaceably assemble; display of 5396 flag; SLAPP suits prohibited. 5397 (2) 5398 (b)Any homeowner may erect a freestanding flagpole no more 5399 than 20 feet high on any portion of the homeowners real 5400 property, regardless of any covenants, restrictions, bylaws, 5401 rules, or requirements of the association, if the flagpole does 5402 not obstruct sightlines at intersections and is not erected 5403 within or upon an easement. The homeowner may further display in 5404 a respectful manner from that flagpole, regardless of any 5405 covenants, restrictions, bylaws, rules, or requirements of the 5406 association, one official United States flag, not larger than 4 5407 1/2 feet by 6 feet, and may additionally display one official 5408 flag of the State of Florida or the United States Army, Navy, 5409 Air Force, Marines, Space Force, or Coast Guard, or a POW-MIA 5410 flag. Such additional flag must be equal in size to or smaller 5411 than the United States flag. The flagpole and display are 5412 subject to all building codes, zoning setbacks, and other 5413 applicable governmental regulations, including, but not limited 5414 to, noise and lighting ordinances in the county or municipality 5415 in which the flagpole is erected and all setback and locational 5416 criteria contained in the governing documents. 5417 Revisers note.Amended to confirm an editorial insertion to 5418 conform to the amendment by s. 19, ch. 2022-183, Laws of 5419 Florida, which added Space Force to the list of United 5420 States entities for which homeowners may display an 5421 official flag in paragraph (2)(a). 5422 Section 122.Paragraphs (b) and (c) of subsection (1) of 5423 section 741.313, Florida Statutes, are amended to read: 5424 741.313Unlawful action against employees seeking 5425 protection. 5426 (1)As used in this section, the term: 5427 (b)Employee has the same meaning as in s. 440.02(18) 5428 440.02(15). 5429 (c)Employer has the same meaning as in s. 440.02(19) 5430 440.02(16). 5431 Revisers note.Amended to conform to the reordering of 5432 definitions in s. 440.02 by this act. 5433 Section 123.Paragraphs (b) and (c) of subsection (3) of 5434 section 744.2111, Florida Statutes, are amended to read: 5435 744.2111Confidentiality. 5436 (3)This section does not prohibit the department from 5437 providing such information: 5438 (b)To any other regulatory agency in the performance of 5439 its official duties and responsibilities; 5440 (c)To the clerk of the circuit court under s. 744.368; or 5441 Revisers note.Amended to confirm an editorial insertion to 5442 improve clarity. 5443 Section 124.Paragraph (e) of subsection (3) of section 5444 766.105, Florida Statutes, is amended to read: 5445 766.105Florida Patients Compensation Fund. 5446 (3)THE FUND. 5447 (e)Fund accounting and audit. 5448 1.Money shall be withdrawn from the fund only upon a 5449 voucher as authorized by the Chief Financial Officer or his or 5450 her designee. 5451 2.All books, records, and audits of the fund shall be open 5452 for reasonable inspection to the general public, except that a 5453 claim file in possession of the fund, fund members, and their 5454 insurers is confidential and exempt from the provisions of s. 5455 119.07(1) and s. 24(a), Art. I of the State Constitution until 5456 termination of litigation or settlement of the claim, although 5457 medical records and other portions of the claim file may remain 5458 confidential and exempt as otherwise provided by law. Any book, 5459 record, document, audit, or asset acquired by, prepared for, or 5460 paid for by the fund is subject to the authority of the Chief 5461 Financial Officer or his or her designee, who which shall be 5462 responsible therefor. 5463 3.Persons authorized to receive deposits, issue vouchers, 5464 or withdraw or otherwise disburse any fund moneys shall post a 5465 blanket fidelity bond in an amount reasonably sufficient to 5466 protect fund assets. The cost of such bond shall be paid from 5467 the fund. 5468 4.Annually, the fund shall furnish, upon request, audited 5469 financial reports to any fund participant and to the Office of 5470 Insurance Regulation and the Joint Legislative Auditing 5471 Committee. The reports shall be prepared in accordance with 5472 accepted accounting procedures and shall include income and such 5473 other information as may be required by the Office of Insurance 5474 Regulation or the Joint Legislative Auditing Committee. 5475 5.Any money held in the fund shall be invested in 5476 interest-bearing investments. However, in no case may any such 5477 money be invested in the stock of any insurer participating in 5478 the Joint Underwriting Association authorized by s. 627.351(4) 5479 or in the parent company of, or company owning a controlling 5480 interest in, such insurer. All income derived from such 5481 investments shall be credited to the fund. 5482 6.Any health care provider participating in the fund may 5483 withdraw from such participation only at the end of a fiscal 5484 year; however, such health care provider shall remain subject to 5485 any assessment or any refund pertaining to any year in which 5486 such member participated in the fund. 5487 Revisers note.Amended to confirm an editorial substitution to 5488 conform to context. 5489 Section 125.Paragraph (f) of subsection (10) of section 5490 768.28, Florida Statutes, is amended to read: 5491 768.28Waiver of sovereign immunity in tort actions; 5492 recovery limits; civil liability for damages caused during a 5493 riot; limitation on attorney fees; statute of limitations; 5494 exclusions; indemnification; risk management programs. 5495 (10) 5496 (f)For purposes of this section, any nonprofit independent 5497 college or university located and chartered in this state which 5498 owns or operates an accredited medical school, or any of its 5499 employees or agents, and which has agreed in an affiliation 5500 agreement or other contract to provide, or permit its employees 5501 or agents to provide, patient services as agents of a teaching 5502 hospital, is considered an agent of the teaching hospital while 5503 acting within the scope of and pursuant to guidelines 5504 established in the affiliation agreement or other contract. To 5505 the extent allowed by law, the contract must provide for the 5506 indemnification of the teaching hospital, up to the limits set 5507 out in this chapter, by the agent for any liability incurred 5508 which was caused by the negligence of the college or university 5509 or its employees or agents. The contract must also provide that 5510 those limited portions of the college, university, or medical 5511 school which are directly providing services pursuant to the 5512 contract and which are considered an agent of the teaching 5513 hospital for purposes of this section are deemed to be acting on 5514 behalf of a public agency as defined in s. 119.011(2). 5515 1.For purposes of this paragraph, the term: 5516 a.Employee or agent means an officer, employee, agent, 5517 or servant of a nonprofit independent college or university 5518 located and chartered in this state which owns or operates an 5519 accredited medical school, including, but not limited to, the 5520 faculty of the medical school, any health care practitioner or 5521 licensee as defined in s. 456.001 for which the college or 5522 university is vicariously liable, and the staff or 5523 administrators of the medical school. 5524 b.Patient services means mean: 5525 (I)Comprehensive health care services as defined in s. 5526 641.19, including any related administrative service, provided 5527 to patients in a teaching hospital; 5528 (II)Training and supervision of interns, residents, and 5529 fellows providing patient services in a teaching hospital; or 5530 (III)Training and supervision of medical students in a 5531 teaching hospital. 5532 c.Teaching hospital means a teaching hospital as defined 5533 in s. 408.07 which is owned or operated by the state, a county 5534 or municipality, a public health trust, a special taxing 5535 district, a governmental entity having health care 5536 responsibilities, or a not-for-profit entity that operates such 5537 facility as an agent of the state, or a political subdivision of 5538 the state, under a lease or other contract. 5539 2.The teaching hospital or the medical school, or its 5540 employees or agents, must provide notice to each patient, or the 5541 patients legal representative, that the college or university 5542 that owns or operates the medical school and the employees or 5543 agents of that college or university are acting as agents of the 5544 teaching hospital and that the exclusive remedy for injury or 5545 damage suffered as the result of any act or omission of the 5546 teaching hospital, the college or university that owns or 5547 operates the medical school, or the employees or agents of the 5548 college or university, while acting within the scope of duties 5549 pursuant to the affiliation agreement or other contract with a 5550 teaching hospital, is by commencement of an action pursuant to 5551 the provisions of this section. This notice requirement may be 5552 met by posting the notice in a place conspicuous to all persons. 5553 3.This paragraph does not designate any employee providing 5554 contracted patient services in a teaching hospital as an 5555 employee or agent of the state for purposes of chapter 440. 5556 Revisers note.Amended to conform to context. 5557 Section 126.Paragraphs (a), (b), and (d) of subsection (1) 5558 of section 796.07, Florida Statutes, are reordered and amended 5559 to read: 5560 796.07Prohibiting prostitution and related acts. 5561 (1)As used in this section: 5562 (b)(a)Female genitals includes the labia minora, labia 5563 majora, clitoris, vulva, hymen, and vagina. 5564 (d)(b)Prostitution means the giving or receiving of the 5565 body for sexual activity for hire but excludes sexual activity 5566 between spouses. 5567 (a)(d)Assignation means the making of any appointment or 5568 engagement for prostitution or lewdness, or any act in 5569 furtherance of such appointment or engagement. 5570 Revisers note.Amended to place the definitions in subsection 5571 (1) in alphabetical order. 5572 Section 127.Subsection (2) of section 815.062, Florida 5573 Statutes, is amended to read: 5574 815.062Offenses against governmental entities. 5575 (2)A person who willfully, knowingly, and without 5576 authorization introduces a computer contaminant that gains 5577 unauthorized access to, encrypts, modifies, or otherwise renders 5578 unavailable data, programs, or supporting documentation residing 5579 or existing within a computer, computer system, computer 5580 network, or electronic device owned or operated by a 5581 governmental entity and demands a ransom to prevent the 5582 publication of or to restore access to the data, programs, or 5583 supporting documentation or to otherwise remediate the impact of 5584 the computer contaminant commits a felony of the first degree, 5585 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 5586 Revisers note.Amended to confirm an editorial insertion to 5587 improve clarity. 5588 Section 128.Section 907.044, Florida Statutes, is amended 5589 to read: 5590 907.044Annual study of pretrial release program 5591 effectiveness and cost efficiency.The Office of Program Policy 5592 Analysis and Government Accountability shall conduct an annual 5593 study to evaluate the effectiveness and cost efficiency of 5594 pretrial release programs in this state. The studys scope shall 5595 include, but need not be limited to, gathering information 5596 pertaining to the funding sources of each pretrial release 5597 program, the nature of criminal convictions of defendants 5598 accepted into the programs, the number of failed court 5599 appearances by defendants accepted into each program, and the 5600 number of warrants issued subsequently for by defendants in each 5601 program, as well as the programs compliance with the provisions 5602 of this section. OPPAGA shall submit a report to the President 5603 of the Senate and the Speaker of the House of Representatives by 5604 January 1 of each year. 5605 Revisers note.Amended to conform to context. 5606 Section 129.Subsection (13) of section 943.10, Florida 5607 Statutes, is amended to read: 5608 943.10Definitions; ss. 943.085-943.255.The following 5609 words and phrases as used in ss. 943.085-943.255 are defined as 5610 follows: 5611 (13)Head of the department means the Governor and 5612 Cabinet, as provided for in ss. 20.201 and 20.03(11) 20.03(4). 5613 Revisers note.Amended to conform to the reordering of 5614 definitions in s. 20.03 by this act. 5615 Section 130.Subsection (6) of section 943.13, Florida 5616 Statutes, is amended to read: 5617 943.13Officers minimum qualifications for employment or 5618 appointment.On or after October 1, 1984, any person employed or 5619 appointed as a full-time, part-time, or auxiliary law 5620 enforcement officer or correctional officer; on or after October 5621 1, 1986, any person employed as a full-time, part-time, or 5622 auxiliary correctional probation officer; and on or after 5623 October 1, 1986, any person employed as a full-time, part-time, 5624 or auxiliary correctional officer by a private entity under 5625 contract to the Department of Corrections, to a county 5626 commission, or to the Department of Management Services shall: 5627 (6)(a)Have passed a physical examination by a licensed 5628 physician, physician assistant, or licensed advanced practice 5629 registered nurse, based on specifications established by the 5630 commission. In order to be eligible for the presumption set 5631 forth in s. 112.18 while employed with an employing agency, a 5632 law enforcement officer, correctional officer, or correctional 5633 probation officer must have successfully passed the physical 5634 examination required by this subsection upon entering into 5635 service as a law enforcement officer, correctional officer, or 5636 correctional probation officer with the employing agency, which 5637 examination must have failed to reveal any evidence of 5638 tuberculosis, heart disease, or hypertension. A law enforcement 5639 officer, correctional officer, or correctional probation officer 5640 may not use a physical examination from a former employing 5641 agency for purposes of claiming the presumption set forth in s. 5642 112.18 against the current employing agency. 5643 (b)The employing agency must maintain records of the 5644 physical examination for at least 5 years after the employees 5645 separation from the employing agency. If the employing agency 5646 fails to maintain the records of the physical examination for 5647 the 5-year period after the employees separation, it is 5648 presumed that the employee has met the requirements of this 5649 subsection paragraph (a). 5650 Revisers note.Amended to confirm the editorial deletion of 5651 paragraph designators incident to compiling the 2022 5652 Florida Statutes; the language in paragraph (b) is a 5653 continuation of that in paragraph (a) and does not connect 5654 directly to the sections introductory paragraph. An 5655 editorial substitution is confirmed to conform to the 5656 deletion of paragraph subunits. 5657 Section 131.Subsection (2) of section 946.502, Florida 5658 Statutes, is amended to read: 5659 946.502Legislative intent with respect to operation of 5660 correctional work programs. 5661 (2)It is further the intent of the Legislature that, once 5662 one such nonprofit corporation is organized, no other nonprofit 5663 corporation be organized for the purpose of carrying out this 5664 part. In carrying out this part, the corporation is not an 5665 agency within the meaning of s. 20.03(1) 20.03(11). 5666 Revisers note.Amended to conform to the reordering of 5667 definitions in s. 20.03 by this act. 5668 Section 132.Paragraphs (b) and (c) of subsection (1) of 5669 section 951.23, Florida Statutes, are reordered and amended to 5670 read: 5671 951.23County and municipal detention facilities; 5672 definitions; administration; standards and requirements. 5673 (1)DEFINITIONS.As used in this section, the term: 5674 (c)(b)County residential probation center means a 5675 county-operated facility housing offenders serving misdemeanor 5676 sentences or first-time felony sentences. Such facilities shall 5677 provide or contract for the provision of the programs 5678 established under s. 951.231. 5679 (b)(c)County prisoner means a person who is detained in 5680 a county detention facility by reason of being charged with or 5681 convicted of either felony or misdemeanor. 5682 Revisers note.Amended to place the definitions in subsection 5683 (1) in alphabetical order. 5684 Section 133.Subsection (2) of section 960.0021, Florida 5685 Statutes, is amended to read: 5686 960.0021Legislative intent; advisement to victims. 5687 (2)The courts may fulfill their obligation to advise crime 5688 victims by doing one of the following: 5689 (a)Making the following announcement at any arraignment, 5690 sentencing, or case-management proceeding: 5691 5692 If you are the victim of a crime with a case pending 5693 before this court, you are advised that you have the 5694 right, upon request: 5695 1.To be informed. 5696 2.To be present. 5697 3.To be heard at all stages of criminal 5698 proceedings. 5699 4.To receive advance notification, when 5700 possible, of judicial proceedings and notification of 5701 scheduling changes, pursuant to section 960.001, 5702 Florida Statutes. 5703 5.To seek crimes compensation and restitution. 5704 6.To consult with the state attorneys office in 5705 certain felony cases regarding the disposition of the 5706 case. 5707 7.To make an oral or written victim impact 5708 statement at the time of sentencing of a defendant. 5709 5710 For further information regarding additional rights 5711 afforded to victims of crime, you may contact the 5712 state attorneys office or obtain a listing of your 5713 rights from the Clerk of Court. 5714 ; or 5715 (b)Displaying prominently on the courtroom doors posters 5716 giving notification of the existence and general provisions of 5717 this chapter. The Department of Legal Affairs shall provide the 5718 courts with the posters specified by this paragraph. 5719 Revisers note.Amended to improve subsection structure. 5720 Section 134.Paragraph (b) of subsection (1) of section 5721 961.06, Florida Statutes, is amended to read: 5722 961.06Compensation for wrongful incarceration. 5723 (1)Except as otherwise provided in this act and subject to 5724 the limitations and procedures prescribed in this section, a 5725 person who is found to be entitled to compensation under the 5726 provisions of this act is entitled to: 5727 (b)A waiver of tuition and fees for up to 120 hours of 5728 instruction at any career center established under s. 1001.44, 5729 any Florida College System institution as defined in s. 5730 1000.21(5) 1000.21(3), or any state university as defined in s. 5731 1000.21(8) 1000.21(6), if the wrongfully incarcerated person 5732 meets and maintains the regular admission requirements of such 5733 career center, Florida College System institution, or state 5734 university; remains registered at such educational institution; 5735 and makes satisfactory academic progress as defined by the 5736 educational institution in which the claimant is enrolled; 5737 5738 The total compensation awarded under paragraphs (a), (c), and 5739 (d) may not exceed $2 million. No further award for attorneys 5740 fees, lobbying fees, costs, or other similar expenses shall be 5741 made by the state. 5742 Revisers note.Amended to conform to the reordering of 5743 definitions in s. 1000.21 by this act. 5744 Section 135.Paragraphs (a) and (b) of subsection (2) of 5745 section 985.26, Florida Statutes, are amended to read: 5746 985.26Length of detention. 5747 (2)(a)1.A court may order a child to be placed on 5748 supervised release detention care for any time period until an 5749 adjudicatory hearing is completed. However, if a child has 5750 served 60 days on supervised release detention care, the court 5751 must conduct a hearing within 15 days after the 60th day, to 5752 determine the need for continued supervised release detention 5753 care. At the hearing, and upon good cause being shown that the 5754 nature of the charge requires additional time for the 5755 prosecution or defense of the case or that the totality of the 5756 circumstances, including the preservation of public safety, 5757 warrants an extension, the court may order the child to remain 5758 on supervised release detention care until the adjudicatory 5759 hearing is completed. 5760 2.Except as provided in paragraph (b) or paragraph (c), a 5761 child may not be held in secure detention care under a special 5762 detention order for more than 21 days unless an adjudicatory 5763 hearing for the case has been commenced in good faith by the 5764 court. 5765 3.This section does not prohibit a court from 5766 transitioning a child to and from secure detention care and 5767 supervised release detention care, including electronic 5768 monitoring, when the court finds such a placement necessary, or 5769 no longer necessary, to preserve public safety or to ensure the 5770 childs safety, appearance in court, or compliance with a court 5771 order. Each period of secure detention care or supervised 5772 release detention care counts toward the time limitations in 5773 this subsection whether served consecutively or 5774 nonconsecutively. 5775 (b)Upon good cause being shown that the nature of the 5776 charge requires additional time for the prosecution or defense 5777 of the case or that the totality of the circumstances, including 5778 the preservation of public safety, warrants an extension, the 5779 court may extend the length of secure detention care for up to 5780 an additional 21 days if the child is charged with an offense 5781 which, if committed by an adult, would be a capital felony, a 5782 life felony, a felony of the first degree or the second degree, 5783 or a felony of the third degree involving violence against any 5784 individual. The court may continue to extend the period of 5785 secure detention care in increments of up to 21 days each by 5786 conducting a hearing before the expiration of the current period 5787 to determine the need for continued secure detention of the 5788 child. At the hearing, the court must make the required findings 5789 in writing to extend the period of secure detention. If the 5790 court extends the time period for secure detention care, it 5791 shall ensure an adjudicatory hearing for the case commences as 5792 soon as is reasonably possible considering the totality of the 5793 circumstances. The court shall prioritize the efficient 5794 disposition of cases in which the child has served 60 or more 5795 days in secure detention care. 5796 Revisers note.Amended to confirm editorial insertions to 5797 improve clarity. 5798 Section 136.Subsections (2), (3), (5), (6), and (8) of 5799 section 1000.21, Florida Statutes, are reordered and amended to 5800 read: 5801 1000.21Systemwide definitions.As used in the Florida 5802 Early Learning-20 Education Code: 5803 (3)(2)Commissioner is the Commissioner of Education. 5804 (5)(3)Florida College System institution except as 5805 otherwise specifically provided, includes all of the following 5806 public postsecondary educational institutions in the Florida 5807 College System and any branch campuses, centers, or other 5808 affiliates of the institution: 5809 (a)Eastern Florida State College, which serves Brevard 5810 County. 5811 (b)Broward College, which serves Broward County. 5812 (c)College of Central Florida, which serves Citrus, Levy, 5813 and Marion Counties. 5814 (d)Chipola College, which serves Calhoun, Holmes, Jackson, 5815 Liberty, and Washington Counties. 5816 (e)Daytona State College, which serves Flagler and Volusia 5817 Counties. 5818 (f)Florida SouthWestern State College, which serves 5819 Charlotte, Collier, Glades, Hendry, and Lee Counties. 5820 (g)Florida State College at Jacksonville, which serves 5821 Duval and Nassau Counties. 5822 (h)The College of the Florida Keys, which serves Monroe 5823 County. 5824 (i)Gulf Coast State College, which serves Bay, Franklin, 5825 and Gulf Counties. 5826 (j)Hillsborough Community College, which serves 5827 Hillsborough County. 5828 (k)Indian River State College, which serves Indian River, 5829 Martin, Okeechobee, and St. Lucie Counties. 5830 (l)Florida Gateway College, which serves Baker, Columbia, 5831 Dixie, Gilchrist, and Union Counties. 5832 (m)Lake-Sumter State College, which serves Lake and Sumter 5833 Counties. 5834 (n)State College of Florida, Manatee-Sarasota, which 5835 serves Manatee and Sarasota Counties. 5836 (o)Miami Dade College, which serves Miami-Dade County. 5837 (p)North Florida College, which serves Hamilton, 5838 Jefferson, Lafayette, Madison, Suwannee, and Taylor Counties. 5839 (q)Northwest Florida State College, which serves Okaloosa 5840 and Walton Counties. 5841 (r)Palm Beach State College, which serves Palm Beach 5842 County. 5843 (s)Pasco-Hernando State College, which serves Hernando and 5844 Pasco Counties. 5845 (t)Pensacola State College, which serves Escambia and 5846 Santa Rosa Counties. 5847 (u)Polk State College, which serves Polk County. 5848 (v)St. Johns River State College, which serves Clay, 5849 Putnam, and St. Johns Counties. 5850 (w)St. Petersburg College, which serves Pinellas County. 5851 (x)Santa Fe College, which serves Alachua and Bradford 5852 Counties. 5853 (y)Seminole State College of Florida, which serves 5854 Seminole County. 5855 (z)South Florida State College, which serves DeSoto, 5856 Hardee, and Highlands Counties. 5857 (aa)Tallahassee Community College, which serves Gadsden, 5858 Leon, and Wakulla Counties. 5859 (bb)Valencia College, which serves Orange and Osceola 5860 Counties. 5861 (6)(5)Parent is either or both parents of a student, any 5862 guardian of a student, any person in a parental relationship to 5863 a student, or any person exercising supervisory authority over a 5864 student in place of the parent. 5865 (8)(6)State university, except as otherwise specifically 5866 provided, includes the following institutions and any branch 5867 campuses, centers, or other affiliates of the institution: 5868 (a)The University of Florida. 5869 (b)The Florida State University. 5870 (c)The Florida Agricultural and Mechanical University. 5871 (d)The University of South Florida. 5872 (e)The Florida Atlantic University. 5873 (f)The University of West Florida. 5874 (g)The University of Central Florida. 5875 (h)The University of North Florida. 5876 (i)The Florida International University. 5877 (j)The Florida Gulf Coast University. 5878 (k)New College of Florida. 5879 (l)The Florida Polytechnic University. 5880 (2)(8)Board of Governors is the Board of Governors of 5881 the State University System. 5882 Revisers note.Amended to place the definitions of the section 5883 in alphabetical order. 5884 Section 137.Subsection (7) of section 1001.11, Florida 5885 Statutes, is amended to read: 5886 1001.11Commissioner of Education; other duties. 5887 (7)The commissioner shall make prominently available on 5888 the departments website the following: links to the Internet 5889 based clearinghouse for professional development regarding 5890 physical education; the school wellness and physical education 5891 policies and other resources required under s. 1003.453; and 5892 other Internet sites that provide professional development for 5893 elementary teachers of physical education as defined in s. 5894 1003.01(15) 1003.01(16). These links must provide elementary 5895 teachers with information concerning current physical education 5896 and nutrition philosophy and best practices that result in 5897 student participation in physical activities that promote 5898 lifelong physical and mental well-being. 5899 Revisers note.Amended to conform to the reordering of 5900 definitions in s. 1003.01 by this act. 5901 Section 138.Subsection (2) of section 1001.60, Florida 5902 Statutes, is amended to read: 5903 1001.60Florida College System. 5904 (2)FLORIDA COLLEGE SYSTEM.There shall be a single Florida 5905 College System comprised of the Florida College System 5906 institutions identified in s. 1000.21(5) 1000.21(3). A Florida 5907 College System institution may not offer graduate degree 5908 programs. 5909 (a)The programs and services offered by Florida College 5910 System institutions in providing associate and baccalaureate 5911 degrees shall be delivered in a cost-effective manner that 5912 demonstrates substantial savings to the student and to the state 5913 over the cost of providing the degree at a state university. 5914 (b)1.With the approval of its district board of trustees, 5915 a Florida College System institution may change the 5916 institutions name set forth in s. 1000.21(5) 1000.21(3) and use 5917 the designation college or state college if it has been 5918 authorized to grant baccalaureate degrees pursuant to s. 1007.33 5919 and has been accredited as a baccalaureate-degree-granting 5920 institution by the Commission on Colleges of the Southern 5921 Association of Colleges and Schools. 5922 2.With the approval of its district board of trustees, a 5923 Florida College System institution that does not meet the 5924 criteria in subparagraph 1. may request approval from the State 5925 Board of Education to change the institutions name set forth in 5926 s. 1000.21(5) 1000.21(3) and use the designation college. The 5927 State Board of Education may approve the request if the Florida 5928 College System institution enters into an agreement with the 5929 State Board of Education to do the following: 5930 a.Maintain as its primary mission responsibility for 5931 responding to community needs for postsecondary academic 5932 education and career degree education as prescribed in s. 5933 1004.65(5). 5934 b.Maintain an open-door admissions policy for associate 5935 level degree programs and workforce education programs. 5936 c.Continue to provide outreach to underserved populations. 5937 d.Continue to provide remedial education. 5938 e.Comply with all provisions of the statewide articulation 5939 agreement that relate to 2-year and 4-year public degree 5940 granting institutions as adopted by the State Board of Education 5941 pursuant to s. 1007.23. 5942 (c)A district board of trustees that approves a change to 5943 the name of an institution under paragraph (b) must seek 5944 statutory codification of such name change in s. 1000.21(5) 5945 1000.21(3) during the next regular legislative session. 5946 (d)A Florida College System institution may not use the 5947 designation university. 5948 Revisers note.Amended to conform to the reordering of 5949 definitions in s. 1000.21 by this act. 5950 Section 139.Section 1002.01, Florida Statutes, is amended 5951 to read: 5952 1002.01Definitions. 5953 (1)A home education program means the sequentially 5954 progressive instruction of a student directed by his or her 5955 parent in order to satisfy the attendance requirements of ss. 5956 1002.41, 1003.01(16) 1003.01(13), and 1003.21(1). 5957 (2)A private school is a nonpublic school defined as an 5958 individual, association, copartnership, or corporation, or 5959 department, division, or section of such organizations, that 5960 designates itself as an educational center that includes 5961 kindergarten or a higher grade or as an elementary, secondary, 5962 business, technical, or trade school below college level or any 5963 organization that provides instructional services that meet the 5964 intent of s. 1003.01(16) 1003.01(13) or that gives preemployment 5965 or supplementary training in technology or in fields of trade or 5966 industry or that offers academic, literary, or career training 5967 below college level, or any combination of the above, including 5968 an institution that performs the functions of the above schools 5969 through correspondence or extension, except those licensed under 5970 the provisions of chapter 1005. A private school may be a 5971 parochial, religious, denominational, for-profit, or nonprofit 5972 school. This definition does not include home education programs 5973 conducted in accordance with s. 1002.41. 5974 Revisers note.Amended to conform to the reordering of 5975 definitions in s. 1003.01 by this act. 5976 Section 140.Paragraph (b) of subsection (2) of section 5977 1002.20, Florida Statutes, is amended to read: 5978 1002.20K-12 student and parent rights.Parents of public 5979 school students must receive accurate and timely information 5980 regarding their childs academic progress and must be informed 5981 of ways they can help their child to succeed in school. K-12 5982 students and their parents are afforded numerous statutory 5983 rights including, but not limited to, the following: 5984 (2)ATTENDANCE. 5985 (b)Regular school attendance.Parents of students who have 5986 attained the age of 6 years by February 1 of any school year but 5987 who have not attained the age of 16 years must comply with the 5988 compulsory school attendance laws. Parents have the option to 5989 comply with the school attendance laws by attendance of the 5990 student in a public school; a parochial, religious, or 5991 denominational school; a private school; a home education 5992 program; or a private tutoring program, in accordance with the 5993 provisions of s. 1003.01(16) 1003.01(13). 5994 Revisers note.Amended to conform to the reordering of 5995 definitions in s. 1003.01 by this act. 5996 Section 141.Paragraph (d) of subsection (3) of section 5997 1002.3105, Florida Statutes, is amended to read: 5998 1002.3105Academically Challenging Curriculum to Enhance 5999 Learning (ACCEL) options. 6000 (3)STUDENT ELIGIBILITY CONSIDERATIONS.When establishing 6001 student eligibility requirements, principals and school 6002 districts must consider, at a minimum: 6003 (d)Recommendations from one or more of the students 6004 teachers in core-curricula courses as defined in s. 6005 1003.01(5)(a)-(e) 1003.01(14)(a)-(e). 6006 Revisers note.Amended to conform to the reordering of 6007 definitions in s. 1003.01 by this act. 6008 Section 142.Paragraph (a) of subsection (20) and paragraph 6009 (a) of subsection (21) of section 1002.33, Florida Statutes, are 6010 amended to read: 6011 1002.33Charter schools. 6012 (20)SERVICES. 6013 (a)1.A sponsor shall provide certain administrative and 6014 educational services to charter schools. These services shall 6015 include contract management services; full-time equivalent and 6016 data reporting services; exceptional student education 6017 administration services; services related to eligibility and 6018 reporting duties required to ensure that school lunch services 6019 under the National School Lunch Program, consistent with the 6020 needs of the charter school, are provided by the sponsor at the 6021 request of the charter school, that any funds due to the charter 6022 school under the National School Lunch Program be paid to the 6023 charter school as soon as the charter school begins serving food 6024 under the National School Lunch Program, and that the charter 6025 school is paid at the same time and in the same manner under the 6026 National School Lunch Program as other public schools serviced 6027 by the sponsor or the school district; test administration 6028 services, including payment of the costs of state-required or 6029 district-required student assessments; processing of teacher 6030 certificate data services; and information services, including 6031 equal access to the sponsors student information systems that 6032 are used by public schools in the district in which the charter 6033 school is located or by schools in the sponsors portfolio of 6034 charter schools if the sponsor is not a school district. Student 6035 performance data for each student in a charter school, 6036 including, but not limited to, FCAT scores, standardized test 6037 scores, previous public school student report cards, and student 6038 performance measures, shall be provided by the sponsor to a 6039 charter school in the same manner provided to other public 6040 schools in the district or by schools in the sponsors portfolio 6041 of charter schools if the sponsor is not a school district. 6042 2.A sponsor may withhold an administrative fee for the 6043 provision of such services which shall be a percentage of the 6044 available funds defined in paragraph (17)(b) calculated based on 6045 weighted full-time equivalent students. If the charter school 6046 serves 75 percent or more exceptional education students as 6047 defined in s. 1003.01(9) 1003.01(3), the percentage shall be 6048 calculated based on unweighted full-time equivalent students. 6049 The administrative fee shall be calculated as follows: 6050 a.Up to 5 percent for: 6051 (I)Enrollment of up to and including 250 students in a 6052 charter school as defined in this section. 6053 (II)Enrollment of up to and including 500 students within 6054 a charter school system which meets all of the following: 6055 (A)Includes conversion charter schools and nonconversion 6056 charter schools. 6057 (B)Has all of its schools located in the same county. 6058 (C)Has a total enrollment exceeding the total enrollment 6059 of at least one school district in this state. 6060 (D)Has the same governing board for all of its schools. 6061 (E)Does not contract with a for-profit service provider 6062 for management of school operations. 6063 (III)Enrollment of up to and including 250 students in a 6064 virtual charter school. 6065 b.Up to 2 percent for enrollment of up to and including 6066 250 students in a high-performing charter school as defined in 6067 s. 1002.331. 6068 c.Up to 2 percent for enrollment of up to and including 6069 250 students in an exceptional student education center that 6070 meets the requirements of the rules adopted by the State Board 6071 of Education pursuant to s. 1008.3415(3). 6072 3.A sponsor may not charge charter schools any additional 6073 fees or surcharges for administrative and educational services 6074 in addition to the maximum percentage of administrative fees 6075 withheld pursuant to this paragraph. A sponsor may not charge or 6076 withhold any administrative fee against a charter school for any 6077 funds specifically allocated by the Legislature for teacher 6078 compensation. 6079 4.A sponsor shall provide to the department by September 6080 15 of each year the total amount of funding withheld from 6081 charter schools pursuant to this subsection for the prior fiscal 6082 year. The department must include the information in the report 6083 required under sub-sub-subparagraph (5)(b)1.k.(III). 6084 (21)PUBLIC INFORMATION ON CHARTER SCHOOLS. 6085 (a)The Department of Education shall provide information 6086 to the public, directly and through sponsors, on how to form and 6087 operate a charter school and how to enroll in a charter school 6088 once it is created. This information shall include the standard 6089 application form, standard charter and virtual charter 6090 contracts, standard evaluation instrument, and standard charter 6091 and virtual charter renewal contracts, which shall include the 6092 information specified in subsection (7) and shall be developed 6093 by consulting and negotiating with both sponsors and charter 6094 schools before implementation. The charter and virtual charter 6095 contracts and charter renewal and virtual charter renewal 6096 contracts shall be used by charter school sponsors. 6097 Revisers note.Paragraph (20)(a) is amended to conform to the 6098 reordering of definitions in s. 1003.01 by this act. 6099 Paragraph (21)(a) is amended to confirm an editorial 6100 insertion to improve clarity and to conform to context. 6101 Section 143.Paragraph (a) of subsection (2) of section 6102 1002.37, Florida Statutes, is amended to read: 6103 1002.37The Florida Virtual School. 6104 (2)The Florida Virtual School shall be governed by a board 6105 of trustees comprised of seven members appointed by the Governor 6106 to 4-year staggered terms. The board of trustees shall be a 6107 public agency entitled to sovereign immunity pursuant to s. 6108 768.28, and board members shall be public officers who shall 6109 bear fiduciary responsibility for the Florida Virtual School. 6110 The board of trustees shall have the following powers and 6111 duties: 6112 (a)1.The board of trustees shall meet at least 4 times 6113 each year, upon the call of the chair, or at the request of a 6114 majority of the membership. 6115 2.The fiscal year for the Florida Virtual School shall be 6116 the state fiscal year as provided in s. 216.011(1)(q) 6117 216.011(1)(o). 6118 6119 The Governor shall designate the initial chair of the board of 6120 trustees to serve a term of 4 years. Members of the board of 6121 trustees shall serve without compensation, but may be reimbursed 6122 for per diem and travel expenses pursuant to s. 112.061. The 6123 board of trustees shall be a body corporate with all the powers 6124 of a body corporate and such authority as is needed for the 6125 proper operation and improvement of the Florida Virtual School. 6126 The board of trustees is specifically authorized to adopt rules, 6127 policies, and procedures, consistent with law and rules of the 6128 State Board of Education related to governance, personnel, 6129 budget and finance, administration, programs, curriculum and 6130 instruction, travel and purchasing, technology, students, 6131 contracts and grants, and property as necessary for optimal, 6132 efficient operation of the Florida Virtual School. Tangible 6133 personal property owned by the board of trustees shall be 6134 subject to the provisions of chapter 273. 6135 Revisers note.Amended to conform to the reordering of 6136 definitions in s. 216.011(1). 6137 Section 144.Paragraph (b) of subsection (4) and paragraph 6138 (b) of subsection (10) of section 1002.394, Florida Statutes, 6139 are amended to read: 6140 1002.394The Family Empowerment Scholarship Program. 6141 (4)AUTHORIZED USES OF PROGRAM FUNDS. 6142 (b)Program funds awarded to a student with a disability 6143 determined eligible pursuant to paragraph (3)(b) may be used for 6144 the following purposes: 6145 1.Instructional materials, including digital devices, 6146 digital periphery devices, and assistive technology devices that 6147 allow a student to access instruction or instructional content 6148 and training on the use of and maintenance agreements for these 6149 devices. 6150 2.Curriculum as defined in subsection (2). 6151 3.Specialized services by approved providers or by a 6152 hospital in this state which are selected by the parent. These 6153 specialized services may include, but are not limited to: 6154 a.Applied behavior analysis services as provided in ss. 6155 627.6686 and 641.31098. 6156 b.Services provided by speech-language pathologists as 6157 defined in s. 468.1125(8). 6158 c.Occupational therapy as defined in s. 468.203. 6159 d.Services provided by physical therapists as defined in 6160 s. 486.021(8). 6161 e.Services provided by listening and spoken language 6162 specialists and an appropriate acoustical environment for a 6163 child who has a hearing impairment, including deafness, and who 6164 has received an implant or assistive hearing device. 6165 4.Tuition or fees associated with full-time or part-time 6166 enrollment in a home education program, an eligible private 6167 school, an eligible postsecondary educational institution or a 6168 program offered by the postsecondary educational institution, a 6169 private tutoring program authorized under s. 1002.43, a virtual 6170 program offered by a department-approved private online provider 6171 that meets the provider qualifications specified in s. 6172 1002.45(2)(a), the Florida Virtual School as a private paying 6173 student, or an approved online course offered pursuant to s. 6174 1003.499 or s. 1004.0961. 6175 5.Fees for nationally standardized, norm-referenced 6176 achievement tests, Advanced Placement Examinations, industry 6177 certification examinations, assessments related to postsecondary 6178 education, or other assessments. 6179 6.Contributions to the Stanley G. Tate Florida Prepaid 6180 College Program pursuant to s. 1009.98 or the Florida College 6181 Savings Program pursuant to s. 1009.981 for the benefit of the 6182 eligible student. 6183 7.Contracted services provided by a public school or 6184 school district, including classes. A student who receives 6185 services under a contract under this paragraph is not considered 6186 enrolled in a public school for eligibility purposes as 6187 specified in subsection (6). 6188 8.Tuition and fees for part-time tutoring services 6189 provided by a person who holds a valid Florida educators 6190 certificate pursuant to s. 1012.56, a person who holds an 6191 adjunct teaching certificate pursuant to s. 1012.57, a person 6192 who has a bachelors degree or a graduate degree in the subject 6193 area in which instruction is given, a person who has 6194 demonstrated a mastery of subject area knowledge pursuant to s. 6195 1012.56(5), or a person certified by a nationally or 6196 internationally recognized research-based training program as 6197 approved by the department. As used in this paragraph, the term 6198 part-time tutoring services does not qualify as regular school 6199 attendance as defined in s. 1003.01(16)(e) 1003.01(13)(e). 6200 9.Fees for specialized summer education programs. 6201 10.Fees for specialized after-school education programs. 6202 11.Transition services provided by job coaches. 6203 12.Fees for an annual evaluation of educational progress 6204 by a state-certified teacher under s. 1002.41(1)(f), if this 6205 option is chosen for a home education student. 6206 13.Tuition and fees associated with programs offered by 6207 Voluntary Prekindergarten Education Program providers approved 6208 pursuant to s. 1002.55 and school readiness providers approved 6209 pursuant to s. 1002.88. 6210 14.Fees for services provided at a center that is a member 6211 of the Professional Association of Therapeutic Horsemanship 6212 International. 6213 15.Fees for services provided by a therapist who is 6214 certified by the Certification Board for Music Therapists or 6215 credentialed by the Art Therapy Credentials Board, Inc. 6216 (10)PARENT AND STUDENT RESPONSIBILITIES FOR PROGRAM 6217 PARTICIPATION. 6218 (b)A parent who applies for program participation under 6219 paragraph (3)(b) is exercising his or her parental option to 6220 determine the appropriate placement or the services that best 6221 meet the needs of his or her child and must: 6222 1.Apply to an eligible nonprofit scholarship-funding 6223 organization to participate in the program by a date set by the 6224 organization. The request must be communicated directly to the 6225 organization in a manner that creates a written or electronic 6226 record of the request and the date of receipt of the request. 6227 2.Sign an agreement with the organization and annually 6228 submit a sworn compliance statement to the organization to 6229 satisfy or maintain program eligibility, including eligibility 6230 to receive and spend program payments by: 6231 a.Affirming that the student is enrolled in a program that 6232 meets regular school attendance requirements as provided in s. 6233 1003.01(16)(b), (c), or (d) 1003.01(13)(b), (c), or (d). 6234 b.Affirming that the program funds are used only for 6235 authorized purposes serving the students educational needs, as 6236 described in paragraph (4)(b); that any prepaid college plan or 6237 college savings plan funds contributed pursuant to subparagraph 6238 (4)(b)6. will not be transferred to another beneficiary while 6239 the plan contains funds contributed pursuant to this section; 6240 and that they will not receive a payment, refund, or rebate of 6241 any funds provided under this section. 6242 c.Affirming that the parent is responsible for all 6243 eligible expenses in excess of the amount of the scholarship and 6244 for the education of his or her student by, as applicable: 6245 (I)Requiring the student to take an assessment in 6246 accordance with paragraph (9)(c); 6247 (II)Providing an annual evaluation in accordance with s. 6248 1002.41(1)(f); or 6249 (III)Requiring the child to take any preassessments and 6250 postassessments selected by the provider if the child is 4 years 6251 of age and is enrolled in a program provided by an eligible 6252 Voluntary Prekindergarten Education Program provider. A student 6253 with disabilities for whom the physician or psychologist who 6254 issued the diagnosis or the IEP team determines that a 6255 preassessment and postassessment is not appropriate is exempt 6256 from this requirement. A participating provider shall report a 6257 students scores to the parent. 6258 d.Affirming that the student remains in good standing with 6259 the provider or school if those options are selected by the 6260 parent. 6261 e.Enrolling his or her child in a program from a Voluntary 6262 Prekindergarten Education Program provider authorized under s. 6263 1002.55, a school readiness provider authorized under s. 6264 1002.88, or an eligible private school if either option is 6265 selected by the parent. 6266 f.Renewing participation in the program each year. A 6267 student whose participation in the program is not renewed may 6268 continue to spend scholarship funds that are in his or her 6269 account from prior years unless the account must be closed 6270 pursuant to subparagraph (5)(b)3. Notwithstanding any changes to 6271 the students IEP, a student who was previously eligible for 6272 participation in the program shall remain eligible to apply for 6273 renewal. However, for a high-risk child to continue to 6274 participate in the program in the school year after he or she 6275 reaches 6 years of age, the childs application for renewal of 6276 program participation must contain documentation that the child 6277 has a disability defined in paragraph (2)(d) other than high 6278 risk status. 6279 g.Procuring the services necessary to educate the student. 6280 If a parent does not procure the necessary educational services 6281 for the student and the students account has been inactive for 6282 2 consecutive fiscal years, the student is ineligible for 6283 additional scholarship payments until the scholarship-funding 6284 organization verifies that expenditures from the account have 6285 occurred. When the student receives a scholarship, the district 6286 school board is not obligated to provide the student with a free 6287 appropriate public education. For purposes of s. 1003.57 and the 6288 Individuals with Disabilities in Education Act, a participating 6289 student has only those rights that apply to all other 6290 unilaterally parentally placed students, except that, when 6291 requested by the parent, school district personnel must develop 6292 an IEP or matrix level of services. 6293 Revisers note.Amended to conform to the reordering of 6294 definitions in s. 1003.01 by this act. 6295 Section 145.Subsection (7) of section 1002.42, Florida 6296 Statutes, is amended to read: 6297 1002.42Private schools. 6298 (7)ATTENDANCE REQUIREMENTS.Attendance of a student at a 6299 private, parochial, religious, or denominational school 6300 satisfies the attendance requirements of ss. 1003.01(16) 6301 1003.01(13) and 1003.21(1). 6302 Revisers note.Amended to conform to the reordering of 6303 definitions in s. 1003.01 by this act. 6304 Section 146.Subsection (1) of section 1002.43, Florida 6305 Statutes, is amended to read: 6306 1002.43Private tutoring programs. 6307 (1)Regular school attendance as defined in s. 1003.01(16) 6308 1003.01(13) may be achieved by attendance in a private tutoring 6309 program if the person tutoring the student meets the following 6310 requirements: 6311 (a)Holds a valid Florida certificate to teach the subjects 6312 or grades in which instruction is given. 6313 (b)Keeps all records and makes all reports required by the 6314 state and district school board and makes regular reports on the 6315 attendance of students in accordance with the provisions of s. 6316 1003.23(2). 6317 (c)Requires students to be in actual attendance for the 6318 minimum length of time prescribed by s. 1011.60(2). 6319 Revisers note.Amended to conform to the reordering of 6320 definitions in s. 1003.01 by this act. 6321 Section 147.Subsection (2) of section 1002.455, Florida 6322 Statutes, is amended to read: 6323 1002.455Student eligibility for K-12 virtual instruction. 6324 All students, including home education and private school 6325 students, are eligible to participate in any of the following 6326 virtual instruction options: 6327 (2)Part-time or full-time virtual charter school 6328 instruction authorized pursuant to s. 1002.45(1)(c)5. to 6329 students within the school district or to students in other 6330 school districts throughout the state pursuant to s. 1002.31; 6331 however, the school district enrolling the full-time equivalent 6332 virtual student shall comply with the enrollment requirements 6333 established under to s. 1002.45(1)(e)4. 6334 Revisers note.Amended to confirm an editorial deletion to 6335 conform to the immediately preceding context. 6336 Section 148.Section 1003.01, Florida Statutes, is 6337 reordered and amended to read: 6338 1003.01Definitions.As used in this chapter, the term: 6339 (7)(1)District school board means the members who are 6340 elected by the voters of a school district created and existing 6341 pursuant to s. 4, Art. IX of the State Constitution to operate 6342 and control public K-12 education within the school district. 6343 (17)(2)School means an organization of students for 6344 instructional purposes on an elementary, middle or junior high 6345 school, secondary or high school, or other public school level 6346 authorized under rules of the State Board of Education. 6347 (9)(3)(a)Exceptional student means any student who has 6348 been determined eligible for a special program in accordance 6349 with rules of the State Board of Education. The term includes 6350 students who are gifted and students with disabilities who have 6351 an intellectual disability; autism spectrum disorder; a speech 6352 impairment; a language impairment; an orthopedic impairment; an 6353 other health impairment; traumatic brain injury; a visual 6354 impairment; an emotional or behavioral disability; or a specific 6355 learning disability, including, but not limited to, dyslexia, 6356 dyscalculia, or developmental aphasia; students who are deaf or 6357 hard of hearing or dual sensory impaired; students who are 6358 hospitalized or homebound; children with developmental delays 6359 ages birth through 9 years or through the students completion 6360 of grade 2, whichever occurs first, or children, ages birth 6361 through 2 years, with established conditions that are identified 6362 in State Board of Education rules pursuant to s. 1003.21(1)(e). 6363 (b)Special education services means specially designed 6364 instruction and such related services as are necessary for an 6365 exceptional student to benefit from education. Such services may 6366 include: transportation; diagnostic and evaluation services; 6367 social services; physical and occupational therapy; speech and 6368 language pathology services; job placement; orientation and 6369 mobility training; braillists, typists, and readers for the 6370 blind; interpreters and auditory amplification; services 6371 provided by a certified listening and spoken language 6372 specialist; rehabilitation counseling; transition services; 6373 mental health services; guidance and career counseling; 6374 specified materials, assistive technology devices, and other 6375 specialized equipment; and other such services as approved by 6376 rules of the state board. 6377 (2)(4)Career education means education that provides 6378 instruction for the following purposes: 6379 (a)At the elementary, middle, and high school levels, 6380 exploratory courses designed to give students initial exposure 6381 to a broad range of occupations to assist them in preparing 6382 their academic and occupational plans, and practical arts 6383 courses that provide generic skills that may apply to many 6384 occupations but are not designed to prepare students for entry 6385 into a specific occupation. Career education provided before 6386 high school completion must be designed to strengthen both 6387 occupational awareness and academic skills integrated throughout 6388 all academic instruction. 6389 (b)At the secondary school level, job-preparatory 6390 instruction in the competencies that prepare students for 6391 effective entry into an occupation, including diversified 6392 cooperative education, work experience, and job-entry programs 6393 that coordinate directed study and on-the-job training. 6394 (c)At the postsecondary education level, courses of study 6395 that provide competencies needed for entry into specific 6396 occupations or for advancement within an occupation. 6397 (13)(5) 6398 (b)(a)Suspension, also referred to as out-of-school 6399 suspension, means the temporary removal of a student from all 6400 classes of instruction on public school grounds and all other 6401 school-sponsored activities, except as authorized by the 6402 principal or the principals designee, for a period not to 6403 exceed 10 school days and remanding of the student to the 6404 custody of the students parent with specific homework 6405 assignments for the student to complete. 6406 (a)(b)In-school suspension means the temporary removal 6407 of a student from the students regular school program and 6408 placement in an alternative program, such as that provided in s. 6409 1003.53, under the supervision of district school board 6410 personnel, for a period not to exceed 10 school days. 6411 (10)(6)Expulsion means the removal of the right and 6412 obligation of a student to attend a public school under 6413 conditions set by the district school board, and for a period of 6414 time not to exceed the remainder of the term or school year and 6415 1 additional year of attendance. Expulsions may be imposed with 6416 or without continuing educational services and shall be reported 6417 accordingly. 6418 (6)(7)Corporal punishment means the moderate use of 6419 physical force or physical contact by a teacher or principal as 6420 may be necessary to maintain discipline or to enforce school 6421 rule. However, the term corporal punishment does not include 6422 the use of such reasonable force by a teacher or principal as 6423 may be necessary for self-protection or to protect other 6424 students from disruptive students. 6425 (12)(8)Habitual truant means a student who has 15 6426 unexcused absences within 90 calendar days with or without the 6427 knowledge or consent of the students parent, is subject to 6428 compulsory school attendance under s. 1003.21(1) and (2)(a), and 6429 is not exempt under s. 1003.21(3) or s. 1003.24, or by meeting 6430 the criteria for any other exemption specified by law or rules 6431 of the State Board of Education. Such a student must have been 6432 the subject of the activities specified in ss. 1003.26 and 6433 1003.27(3), without resultant successful remediation of the 6434 truancy problem before being dealt with as a child in need of 6435 services according to the provisions of chapter 984. 6436 (8)(9)Dropout means a student who meets any one or more 6437 of the following criteria: 6438 (a)The student has voluntarily removed himself or herself 6439 from the school system before graduation for reasons that 6440 include, but are not limited to, marriage, or the student has 6441 withdrawn from school because he or she has failed the statewide 6442 student assessment test and thereby does not receive any of the 6443 certificates of completion; 6444 (b)The student has not met the relevant attendance 6445 requirements of the school district pursuant to State Board of 6446 Education rules, or the student was expected to attend a school 6447 but did not enter as expected for unknown reasons, or the 6448 students whereabouts are unknown; 6449 (c)The student has withdrawn from school, but has not 6450 transferred to another public or private school or enrolled in 6451 any career, adult, home education, or alternative educational 6452 program; 6453 (d)The student has withdrawn from school due to hardship, 6454 unless such withdrawal has been granted under the provisions of 6455 s. 322.091, court action, expulsion, medical reasons, or 6456 pregnancy; or 6457 (e)The student is not eligible to attend school because of 6458 reaching the maximum age for an exceptional student program in 6459 accordance with the districts policy. 6460 6461 The State Board of Education may adopt rules to implement the 6462 provisions of this subsection. 6463 (1)(10)Alternative measures for students with special 6464 needs or special programs means measures designed to meet the 6465 special needs of a student that cannot be met by regular school 6466 curricula. 6467 (14)(11)(a)Juvenile justice education programs or 6468 schools means programs or schools operating for the purpose of 6469 providing educational services to youth in Department of 6470 Juvenile Justice programs, for a school year composed of 250 6471 days of instruction, or the equivalent expressed in hours as 6472 specified in State Board of Education rule, distributed over 12 6473 months. If the period of operation is expressed in hours, the 6474 State Board of Education must review the calculation annually. 6475 The use of the equivalent expressed in hours is only applicable 6476 to nonresidential programs. At the request of the provider, a 6477 district school board may decrease the minimum number of days of 6478 instruction by up to 10 days for teacher planning for 6479 residential programs and up to 20 days or equivalent hours as 6480 specified in the State Board of Education rule for teacher 6481 planning for nonresidential programs, subject to the approval of 6482 the Department of Juvenile Justice and the Department of 6483 Education. 6484 (b)Juvenile justice provider means the Department of 6485 Juvenile Justice, the sheriff, or a private, public, or other 6486 governmental organization under contract with the Department of 6487 Juvenile Justice or the sheriff that provides treatment, care 6488 and custody, or educational programs for youth in juvenile 6489 justice intervention, detention, or commitment programs. 6490 (4)(12)Children and youths who are experiencing 6491 homelessness, for programs authorized under subtitle B, 6492 Education for Homeless Children and Youths, of Title VII of the 6493 McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et 6494 seq., means children and youths who lack a fixed, regular, and 6495 adequate nighttime residence, and includes: 6496 (a)Children and youths sharing the housing of other 6497 persons due to loss of housing, economic hardship, or a similar 6498 reason; are living in motels, hotels, travel trailer parks, or 6499 camping grounds due to the lack of alternative adequate 6500 accommodations; are living in emergency or transitional 6501 shelters; or are abandoned in hospitals. 6502 (b)Children and youths having who have a primary nighttime 6503 residence that is a public or private place not designed for or 6504 ordinarily used as a regular sleeping accommodation for human 6505 beings. 6506 (c)Children and youths living in cars, parks, public 6507 spaces, abandoned buildings, bus or train stations, or similar 6508 settings. 6509 (d)Migratory children living in circumstances described in 6510 paragraphs (a)-(c). 6511 (16)(13)Regular school attendance means the actual 6512 attendance of a student during the school day as defined by law 6513 and rules of the State Board of Education. Regular attendance 6514 within the intent of s. 1003.21 may be achieved by attendance 6515 in: 6516 (a)A public school supported by public funds; 6517 (b)A parochial, religious, or denominational school; 6518 (c)A private school supported in whole or in part by 6519 tuition charges or by endowments or gifts; 6520 (d)A home education program that meets the requirements of 6521 chapter 1002; or 6522 (e)A private tutoring program that meets the requirements 6523 of chapter 1002. 6524 (5)(14)Core-curricula courses means: 6525 (a)Courses in language arts/reading, mathematics, social 6526 studies, and science in prekindergarten through grade 3, 6527 excluding extracurricular courses pursuant to subsection (11) 6528 (15); 6529 (b)Courses in grades 4 through 8 in subjects that are 6530 measured by state assessment at any grade level and courses 6531 required for middle school promotion, excluding extracurricular 6532 courses pursuant to subsection (11) (15); 6533 (c)Courses in grades 9 through 12 in subjects that are 6534 measured by state assessment at any grade level and courses that 6535 are specifically identified by name in statute as required for 6536 high school graduation and that are not measured by state 6537 assessment, excluding extracurricular courses pursuant to 6538 subsection (11) (15); 6539 (d)Exceptional student education courses; and 6540 (e)English for Speakers of Other Languages courses. 6541 6542 The term is limited in meaning and used for the sole purpose of 6543 designating classes that are subject to the maximum class size 6544 requirements established in s. 1, Art. IX of the State 6545 Constitution. This term does not include courses offered under 6546 ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and 6547 1003.499. 6548 (11)(15)Extracurricular courses means all courses that 6549 are not defined as core-curricula courses, which may include, 6550 but are not limited to, physical education, fine arts, 6551 performing fine arts, career education, and courses that may 6552 result in college credit. The term is limited in meaning and 6553 used for the sole purpose of designating classes that are not 6554 subject to the maximum class size requirements established in s. 6555 1, Art. IX of the State Constitution. 6556 (15)(16)Physical education means the development or 6557 maintenance of skills related to strength, agility, flexibility, 6558 movement, and stamina, including dance; the development of 6559 knowledge and skills regarding teamwork and fair play; the 6560 development of knowledge and skills regarding nutrition and 6561 physical fitness as part of a healthy lifestyle; and the 6562 development of positive attitudes regarding sound nutrition and 6563 physical activity as a component of personal well-being. 6564 (3)(17)Certified unaccompanied homeless youth means a 6565 youth certified as an unaccompanied homeless youth pursuant to 6566 s. 743.067. 6567 Revisers note.This section is amended to place the definitions 6568 of the section in alphabetical order and to conform cross 6569 references. Current paragraph (3)(b) is amended to delete 6570 an unnecessary punctuation mark. Current paragraph (12)(a) 6571 is amended to confirm editorial deletions, and current 6572 paragraph (12)(b) is amended to confirm an editorial 6573 substitution, to conform to context. 6574 Section 149.Subsection (6) of section 1003.03, Florida 6575 Statutes, is amended to read: 6576 1003.03Maximum class size. 6577 (6)COURSES FOR COMPLIANCE.Consistent with s. 1003.01(5) 6578 1003.01(14), the Department of Education shall identify from the 6579 Course Code Directory the core-curricula courses for the purpose 6580 of satisfying the maximum class size requirement in this 6581 section. The department may adopt rules to implement this 6582 subsection, if necessary. 6583 Revisers note.Amended to conform to the reordering of 6584 definitions in s. 1003.01 by this act. 6585 Section 150.Subsection (4) of section 1003.21, Florida 6586 Statutes, is amended to read: 6587 1003.21School attendance. 6588 (4)Before admitting a child to kindergarten, the principal 6589 shall require evidence that the child has attained the age at 6590 which he or she should be admitted in accordance with the 6591 provisions of subparagraph (1)(a)2. The district school 6592 superintendent may require evidence of the age of any child who 6593 is being enrolled in public school and who the district school 6594 superintendent believes to be within the limits of compulsory 6595 attendance as provided for by law; however, the district school 6596 superintendent may not require evidence from any child who meets 6597 regular attendance requirements by attending a school or program 6598 listed in s. 1003.01(16)(b)-(e) 1003.01(13)(b)-(e). If the first 6599 prescribed evidence is not available, the next evidence 6600 obtainable in the order set forth below shall be accepted: 6601 (a)A duly attested transcript of the childs birth record 6602 filed according to law with a public officer charged with the 6603 duty of recording births; 6604 (b)A duly attested transcript of a certificate of baptism 6605 showing the date of birth and place of baptism of the child, 6606 accompanied by an affidavit sworn to by the parent; 6607 (c)An insurance policy on the childs life that has been 6608 in force for at least 2 years; 6609 (d)A bona fide contemporary religious record of the 6610 childs birth accompanied by an affidavit sworn to by the 6611 parent; 6612 (e)A passport or certificate of arrival in the United 6613 States showing the age of the child; 6614 (f)A transcript of record of age shown in the childs 6615 school record of at least 4 years prior to application, stating 6616 date of birth; or 6617 (g)If none of these evidences can be produced, an 6618 affidavit of age sworn to by the parent, accompanied by a 6619 certificate of age signed by a public health officer or by a 6620 public school physician, or, if these are not available in the 6621 county, by a licensed practicing physician designated by the 6622 district school board, which states that the health officer or 6623 physician has examined the child and believes that the age as 6624 stated in the affidavit is substantially correct. Children and 6625 youths who are experiencing homelessness and children who are 6626 known to the department, as defined in s. 39.0016, shall be 6627 given temporary exemption from this section for 30 school days. 6628 Revisers note.Amended to conform to the reordering of 6629 definitions in s. 1003.01 by this act. 6630 Section 151.Paragraph (f) of subsection (1) of section 6631 1003.26, Florida Statutes, is amended to read: 6632 1003.26Enforcement of school attendance.The Legislature 6633 finds that poor academic performance is associated with 6634 nonattendance and that school districts must take an active role 6635 in promoting and enforcing attendance as a means of improving 6636 student performance. It is the policy of the state that each 6637 district school superintendent be responsible for enforcing 6638 school attendance of all students subject to the compulsory 6639 school age in the school district and supporting enforcement of 6640 school attendance by local law enforcement agencies. The 6641 responsibility includes recommending policies and procedures to 6642 the district school board that require public schools to respond 6643 in a timely manner to every unexcused absence, and every absence 6644 for which the reason is unknown, of students enrolled in the 6645 schools. District school board policies shall require the parent 6646 of a student to justify each absence of the student, and that 6647 justification will be evaluated based on adopted district school 6648 board policies that define excused and unexcused absences. The 6649 policies must provide that public schools track excused and 6650 unexcused absences and contact the home in the case of an 6651 unexcused absence from school, or an absence from school for 6652 which the reason is unknown, to prevent the development of 6653 patterns of nonattendance. The Legislature finds that early 6654 intervention in school attendance is the most effective way of 6655 producing good attendance habits that will lead to improved 6656 student learning and achievement. Each public school shall 6657 implement the following steps to promote and enforce regular 6658 school attendance: 6659 (1)CONTACT, REFER, AND ENFORCE. 6660 (f)1.If the parent of a child who has been identified as 6661 exhibiting a pattern of nonattendance enrolls the child in a 6662 home education program pursuant to chapter 1002, the district 6663 school superintendent shall provide the parent a copy of s. 6664 1002.41 and the accountability requirements of this paragraph. 6665 The district school superintendent shall also refer the parent 6666 to a home education review committee composed of the district 6667 contact for home education programs and at least two home 6668 educators selected by the parent from a district list of all 6669 home educators who have conducted a home education program for 6670 at least 3 years and who have indicated a willingness to serve 6671 on the committee. The home education review committee shall 6672 review the portfolio of the student, as defined by s. 1002.41, 6673 every 30 days during the districts regular school terms until 6674 the committee is satisfied that the home education program is in 6675 compliance with s. 1002.41(1)(d). The first portfolio review 6676 must occur within the first 30 calendar days of the 6677 establishment of the program. The provisions of subparagraph 2. 6678 do not apply once the committee determines the home education 6679 program is in compliance with s. 1002.41(1)(d). 6680 2.If the parent fails to provide a portfolio to the 6681 committee, the committee shall notify the district school 6682 superintendent. The district school superintendent shall then 6683 terminate the home education program and require the parent to 6684 enroll the child in an attendance option that meets the 6685 definition of regular school attendance under s. 6686 1003.01(16)(a), (b), (c), or (e) 1003.01(13)(a), (b), (c), or 6687 (e), within 3 days. Upon termination of a home education program 6688 pursuant to this subparagraph, the parent shall not be eligible 6689 to reenroll the child in a home education program for 180 6690 calendar days. Failure of a parent to enroll the child in an 6691 attendance option as required by this subparagraph after 6692 termination of the home education program pursuant to this 6693 subparagraph shall constitute noncompliance with the compulsory 6694 attendance requirements of s. 1003.21 and may result in criminal 6695 prosecution under s. 1003.27(2). Nothing contained herein shall 6696 restrict the ability of the district school superintendent, or 6697 the ability of his or her designee, to review the portfolio 6698 pursuant to s. 1002.41(1)(e). 6699 Revisers note.Amended to conform to the reordering of 6700 definitions in s. 1003.01 by this act. 6701 Section 152.Paragraph (b) of subsection (1) of section 6702 1003.4282, Florida Statutes, is amended to read: 6703 1003.4282Requirements for a standard high school diploma. 6704 (1)TWENTY-FOUR CREDITS REQUIRED. 6705 (b)The required credits may be earned through equivalent, 6706 applied, or integrated courses or career education courses as 6707 defined in s. 1003.01(2) 1003.01(4), including work-related 6708 internships approved by the State Board of Education and 6709 identified in the course code directory. However, any must-pass 6710 assessment requirements must be met. An equivalent course is one 6711 or more courses identified by content-area experts as being a 6712 match to the core curricular content of another course, based 6713 upon review of the Next Generation Sunshine State Standards for 6714 that subject. An applied course aligns with Next Generation 6715 Sunshine State Standards and includes real-world applications of 6716 a career and technical education standard used in business or 6717 industry. An integrated course includes content from several 6718 courses within a content area or across content areas. 6719 Revisers note.Amended to conform to the reordering of 6720 definitions in s. 1003.01 by this act. 6721 Section 153.Paragraph (h) of subsection (6) of section 6722 1003.485, Florida Statutes, is amended to read: 6723 1003.485The New Worlds Reading Initiative. 6724 (6)ELIGIBILITY; NOTIFICATION; SCHOOL DISTRICT 6725 OBLIGATIONS. 6726 (h)School districts and partnering nonprofit organizations 6727 shall raise awareness of the initiative, including information 6728 on eligibility and video training modules under paragraph 6729 (4)(e), through, at least, the following: 6730 1.The student handbook and the read-at-home plan under s. 6731 1008.25(5)(d) 1008.25(5)(c). 6732 2.A parent or curriculum night or separate initiative 6733 awareness event at each elementary school. 6734 3.Partnering with the county library to host awareness 6735 events, which should coincide with other initiatives such as 6736 library card drives, family library nights, summer access 6737 events, and other family engagement programming. 6738 Revisers note.Amended to correct a cross-reference to conform 6739 to the redesignation of s. 1008.25(5)(c) as s. 6740 1008.25(5)(d) by s. 66, ch. 2021-10, Laws of Florida. 6741 Section 154.Subsection (4) of section 1003.52, Florida 6742 Statutes, is amended to read: 6743 1003.52Educational services in Department of Juvenile 6744 Justice programs. 6745 (4)Educational services shall be provided at times of the 6746 day most appropriate for the juvenile justice program. School 6747 programming in juvenile justice detention, prevention, day 6748 treatment, and residential programs shall be made available by 6749 the local school district during the juvenile justice school 6750 year, as provided in s. 1003.01(14) 1003.01(11). In addition, 6751 students in juvenile justice education programs shall have 6752 access to courses offered pursuant to ss. 1002.37, 1002.45, and 6753 1003.498. The Department of Education and the school districts 6754 shall adopt policies necessary to provide such access. 6755 Revisers note.Amended to conform to the reordering of 6756 definitions in s. 1003.01 by this act. 6757 Section 155.Paragraphs (c), (d), and (f) of subsection (1) 6758 of section 1003.573, Florida Statutes, are amended to read: 6759 1003.573Seclusion and restraint of students with 6760 disabilities in public schools. 6761 (1)DEFINITIONS.As used in this section, the term: 6762 (d)(c)Restraint means the use of a mechanical or 6763 physical restraint. 6764 1.Mechanical restraint means the use of a device that 6765 restricts a students freedom of movement. The term does not 6766 include the use of devices prescribed or recommended by physical 6767 or behavioral health professionals when used for indicated 6768 purposes. 6769 2.Physical restraint means the use of manual restraint 6770 techniques that involve significant physical force applied by a 6771 teacher or other staff member to restrict the movement of all or 6772 part of a students body. The term does not include briefly 6773 holding a student in order to calm or comfort the student or 6774 physically escorting a student to a safe location. 6775 (c)(d)Positive behavior interventions and supports means 6776 the use of behavioral interventions to prevent dangerous 6777 behaviors that may cause serious physical harm to the student or 6778 others. 6779 (f)Student means a child with an individual education 6780 plan enrolled in grades kindergarten through 12 in a school, as 6781 defined in s. 1003.01(17) 1003.01(2), or the Florida School for 6782 the Deaf and Blind. The term does not include students in 6783 prekindergarten, students who reside in residential care 6784 facilities under s. 1003.58, or students participating in a 6785 Department of Juvenile Justice education program under s. 6786 1003.52. 6787 Revisers note.Paragraphs (c) and (d) are amended to place the 6788 definitions in those paragraphs in alphabetical order. 6789 Paragraph (f) is amended to conform to the reordering of 6790 definitions in s. 1003.01 by this act. 6791 Section 156.Section 1003.575, Florida Statutes, is amended 6792 to read: 6793 1003.575Assistive technology devices; findings; 6794 interagency agreements.Accessibility, utilization, and 6795 coordination of appropriate assistive technology devices and 6796 services are essential as a young person with disabilities moves 6797 from early intervention to preschool, from preschool to school, 6798 from one school to another, from school to employment or 6799 independent living, and from school to home and community. If an 6800 individual education plan team makes a recommendation in 6801 accordance with State Board of Education rule for a student with 6802 a disability, as defined in s. 1003.01(9) 1003.01(3), to receive 6803 an assistive technology assessment, that assessment must be 6804 completed within 60 school days after the teams recommendation. 6805 To ensure that an assistive technology device issued to a young 6806 person as part of his or her individualized family support plan, 6807 individual support plan, individualized plan for employment, or 6808 individual education plan remains with the individual through 6809 such transitions, the following agencies shall enter into 6810 interagency agreements, as appropriate, to ensure the 6811 transaction of assistive technology devices: 6812 (1)The Early Steps Program in the Division of Childrens 6813 Medical Services of the Department of Health. 6814 (2)The Division of Blind Services, the Bureau of 6815 Exceptional Education and Student Services, the Office of 6816 Independent Education and Parental Choice, and the Division of 6817 Vocational Rehabilitation of the Department of Education. 6818 (3)The Voluntary Prekindergarten Education Program 6819 administered by the Department of Education and the Office of 6820 Early Learning. 6821 6822 Interagency agreements entered into pursuant to this section 6823 shall provide a framework for ensuring that young persons with 6824 disabilities and their families, educators, and employers are 6825 informed about the utilization and coordination of assistive 6826 technology devices and services that may assist in meeting 6827 transition needs, and shall establish a mechanism by which a 6828 young person or his or her parent may request that an assistive 6829 technology device remain with the young person as he or she 6830 moves through the continuum from home to school to postschool. 6831 Revisers note.Amended to conform to the reordering of 6832 definitions in s. 1003.01 by this act. 6833 Section 157.Subsection (11) of section 1004.22, Florida 6834 Statutes, is amended to read: 6835 1004.22Divisions of sponsored research at state 6836 universities. 6837 (11)The divisions of sponsored research may pay, by 6838 advancement or reimbursement, or a combination thereof, the 6839 costs of per diem of university employees and of other 6840 authorized persons, as defined in s. 112.061(2)(c) 6841 112.061(2)(e), for foreign travel up to the current rates as 6842 stated in the grant and contract terms and may also pay 6843 incidental expenses as authorized by s. 112.061(8). This 6844 subsection applies to any university employee traveling in 6845 foreign countries for sponsored programs of the university, if 6846 such travel expenses are approved in the terms of the contract 6847 or grant. The provisions of s. 112.061, other than those 6848 relating to per diem, apply to the travel described in this 6849 subsection. As used in this subsection, foreign travel means 6850 any travel outside the United States and its territories and 6851 possessions and Canada. Persons traveling in foreign countries 6852 pursuant to this section shall not be entitled to reimbursements 6853 or advancements pursuant to s. 112.061(6)(a)2. for such travel. 6854 Revisers note.Amended to conform to the reordering of 6855 definitions in s. 112.061(2) by this act. 6856 Section 158.Subsection (7) of section 1004.43, Florida 6857 Statutes, is amended to read: 6858 1004.43H. Lee Moffitt Cancer Center and Research 6859 Institute.There is established the H. Lee Moffitt Cancer Center 6860 and Research Institute, a statewide resource for basic and 6861 clinical research and multidisciplinary approaches to patient 6862 care. 6863 (7)In carrying out the provisions of this section, the 6864 not-for-profit corporation and its subsidiaries are not 6865 agencies within the meaning of s. 20.03(1) 20.03(11). 6866 Revisers note.Amended to conform to the reordering of 6867 definitions in s. 20.03 by this act. 6868 Section 159.Paragraph (b) of subsection (2) of section 6869 1004.447, Florida Statutes, is amended to read: 6870 1004.447Florida Institute for Human and Machine Cognition, 6871 Inc. 6872 (2)The corporation and any authorized and approved 6873 subsidiary: 6874 (b)Is not an agency within the meaning of s. 20.03(1) 6875 20.03(11). 6876 Revisers note.Amended to conform to the reordering of 6877 definitions in s. 20.03 by this act. 6878 Section 160.Subsection (3) of section 1004.648, Florida 6879 Statutes, is amended to read: 6880 1004.648Florida Energy Systems Consortium. 6881 (3)The consortium shall consist of the state universities 6882 as identified under s. 1000.21(8) 1000.21(6). 6883 Revisers note.Amended to conform to the reordering of 6884 definitions in s. 1000.21 by this act. 6885 Section 161.Paragraph (d) of subsection (2) of section 6886 1004.6496, Florida Statutes, is amended to read: 6887 1004.6496Hamilton Center for Classical and Civic 6888 Education. 6889 (2)The goals of the center are to: 6890 (d)Provide programming and training related to civic 6891 education and the values of open inquiry and civil discourse to 6892 support the Early Learning-20 education K-20 system. 6893 Revisers note.Amended to conform to ch. 2021-10, Laws of 6894 Florida, which changed references to the K-20 education 6895 system to the Early Learning-20 education system. 6896 Section 162.Paragraph (a) of subsection (2) of section 6897 1004.65, Florida Statutes, is amended to read: 6898 1004.65Florida College System institutions; governance, 6899 mission, and responsibilities. 6900 (2)Each Florida College System institution district shall: 6901 (a)Consist of the county or counties served by the Florida 6902 College System institution pursuant to s. 1000.21(5) 1000.21(3). 6903 Revisers note.Amended to conform to the reordering of 6904 definitions in s. 1000.21 by this act. 6905 Section 163.Subsection (1) of section 1004.79, Florida 6906 Statutes, is amended to read: 6907 1004.79Incubator facilities for small business concerns. 6908 (1)Each Florida College System institution established 6909 pursuant to s. 1000.21(5) 1000.21(3) may provide incubator 6910 facilities to eligible small business concerns. As used in this 6911 section, small business concern shall be defined as an 6912 independently owned and operated business concern incorporated 6913 in Florida which is not an affiliate or a subsidiary of a 6914 business dominant in its field of operation, and which employs 6915 25 or fewer full-time employees. Incubator facility shall be 6916 defined as a facility in which small business concerns share 6917 common space, equipment, and support personnel and through which 6918 such concerns have access to professional consultants for advice 6919 related to the technical and business aspects of conducting a 6920 commercial enterprise. The Florida College System institution 6921 board of trustees shall authorize concerns for inclusion in the 6922 incubator facility. 6923 Revisers note.Amended to conform to the reordering of 6924 definitions in s. 1000.21 by this act. 6925 Section 164.Paragraphs (b) and (c) of subsection (1) of 6926 section 1006.0626, Florida Statutes, are amended to read: 6927 1006.0626Care of students with epilepsy or seizure 6928 disorders. 6929 (1)As used in this section, the term: 6930 (b)Medical professional means a physician licensed under 6931 chapter 458 or chapter 459, a physician assistant licensed under 6932 chapter 458 or chapter 459, or an advanced practice practiced 6933 registered nurse licensed under s. 464.012 who provides epilepsy 6934 or seizure disorder care to the student. 6935 (c)School has the same meaning as in s. 1003.01(17) 6936 1003.01(2). 6937 Revisers note.Paragraph (1)(b) is amended to confirm an 6938 editorial substitution to conform to context. Paragraph 6939 (1)(c) is amended to conform to the reordering of 6940 definitions in s. 1003.01 by this act. 6941 Section 165.Paragraph (d) of subsection (2) and paragraph 6942 (b) of subsection (6) of section 1006.07, Florida Statutes, are 6943 amended to read: 6944 1006.07District school board duties relating to student 6945 discipline and school safety.The district school board shall 6946 provide for the proper accounting for all students, for the 6947 attendance and control of students at school, and for proper 6948 attention to health, safety, and other matters relating to the 6949 welfare of students, including: 6950 (2)CODE OF STUDENT CONDUCT.Adopt a code of student 6951 conduct for elementary schools and a code of student conduct for 6952 middle and high schools and distribute the appropriate code to 6953 all teachers, school personnel, students, and parents, at the 6954 beginning of every school year. Each code shall be organized and 6955 written in language that is understandable to students and 6956 parents and shall be discussed at the beginning of every school 6957 year in student classes, school advisory council meetings, and 6958 parent and teacher association or organization meetings. Each 6959 code shall be based on the rules governing student conduct and 6960 discipline adopted by the district school board and shall be 6961 made available in the student handbook or similar publication. 6962 Each code shall include, but is not limited to: 6963 (d)1.An explanation of the responsibilities of each 6964 student with regard to appropriate dress, respect for self and 6965 others, and the role that appropriate dress and respect for self 6966 and others has on an orderly learning environment. Each district 6967 school board shall adopt a dress code policy that prohibits a 6968 student, while on the grounds of a public school during the 6969 regular school day, from wearing clothing that exposes underwear 6970 or body parts in an indecent or vulgar manner or that disrupts 6971 the orderly learning environment. 6972 2.Any student who violates the dress policy described in 6973 subparagraph 1. is subject to the following disciplinary 6974 actions: 6975 a.For a first offense, a student shall be given a verbal 6976 warning and the school principal shall call the students parent 6977 or guardian. 6978 b.For a second offense, the student is ineligible to 6979 participate in any extracurricular activity for a period of time 6980 not to exceed 5 days and the school principal shall meet with 6981 the students parent or guardian. 6982 c.For a third or subsequent offense, a student shall 6983 receive an in-school suspension pursuant to s. 1003.01(13) 6984 1003.01(5) for a period not to exceed 3 days, the student is 6985 ineligible to participate in any extracurricular activity for a 6986 period not to exceed 30 days, and the school principal shall 6987 call the students parent or guardian and send the parent or 6988 guardian a written letter regarding the students in-school 6989 suspension and ineligibility to participate in extracurricular 6990 activities. 6991 (6)SAFETY AND SECURITY BEST PRACTICES.Each district 6992 school superintendent shall establish policies and procedures 6993 for the prevention of violence on school grounds, including the 6994 assessment of and intervention with individuals whose behavior 6995 poses a threat to the safety of the school community. 6996 (b)Mental health coordinator.Each district school board 6997 shall identify a mental health coordinator for the district. The 6998 mental health coordinator shall serve as the districts primary 6999 point of contact regarding the districts coordination, 7000 communication, and implementation of student mental health 7001 policies, procedures, responsibilities, and reporting, 7002 including: 7003 1.Coordinating with the Office of Safe Schools, 7004 established pursuant to s. 1001.212. 7005 2.Maintaining records and reports regarding student mental 7006 health as it relates to school safety and the mental health 7007 assistance allocation under s. 1011.62(13) 1011.62(14). 7008 3.Facilitating the implementation of school district 7009 policies relating to the respective duties and responsibilities 7010 of the school district, the superintendent, and district school 7011 principals. 7012 4.Coordinating with the school safety specialist on the 7013 staffing and training of threat assessment teams and 7014 facilitating referrals to mental health services, as 7015 appropriate, for students and their families. 7016 5.Coordinating with the school safety specialist on the 7017 training and resources for students and school district staff 7018 relating to youth mental health awareness and assistance. 7019 6.Reviewing annually the school districts policies and 7020 procedures related to student mental health for compliance with 7021 state law and alignment with current best practices and making 7022 make recommendations, as needed, for amending such policies and 7023 procedures to the superintendent and the district school board. 7024 Revisers note.Paragraph (2)(d) is amended to conform to the 7025 reordering of definitions in s. 1003.01 by this act. 7026 Subparagraph (6)(b)2. is amended to conform to the 7027 redesignation of s. 1011.62(14) as s. 1011.62(13) by s. 54, 7028 ch. 2022-154, Laws of Florida. Subparagraph (6)(b)6. is 7029 amended to confirm an editorial substitution to conform to 7030 context. 7031 Section 166.Subsection (1) of section 1006.1493, Florida 7032 Statutes, is amended to read: 7033 1006.1493Florida Safe Schools Assessment Tool. 7034 (1)The department, through the Office of Safe Schools 7035 pursuant to s. 1001.212, shall contract with a security 7036 consulting firm that specializes in the development of risk 7037 assessment software solutions and has experience in conducting 7038 security assessments of public facilities to develop, update, 7039 and implement a risk assessment tool, which shall be known as 7040 the Florida Safe Schools Assessment Tool (FSSAT). The FSSAT must 7041 be the primary physical site security assessment tool as revised 7042 and required by the Office of Safe Schools which is used by 7043 school officials at each school district and public school site 7044 in the state in conducting security assessments. 7045 Revisers note.Amended to improve clarity. 7046 Section 167.Paragraph (e) of subsection (2) of section 7047 1006.28, Florida Statutes, is amended to read: 7048 1006.28Duties of district school board, district school 7049 superintendent; and school principal regarding K-12 7050 instructional materials. 7051 (2)DISTRICT SCHOOL BOARD.The district school board has 7052 the constitutional duty and responsibility to select and provide 7053 adequate instructional materials for all students in accordance 7054 with the requirements of this part. The district school board 7055 also has the following specific duties and responsibilities: 7056 (e)Public participation.Publish on its website, in a 7057 searchable format prescribed by the department, a list of all 7058 instructional materials, including those used to provide 7059 instruction required by s. 1003.42. Each district school board 7060 must: 7061 1.Provide access to all materials, excluding teacher 7062 editions, in accordance with s. 1006.283(2)(b)8.a. before the 7063 district school board takes any official action on such 7064 materials. This process must include reasonable safeguards 7065 against the unauthorized use, reproduction, and distribution of 7066 instructional materials considered for adoption. 7067 2.Select, approve, adopt, or purchase all materials as a 7068 separate line item on the agenda and must provide a reasonable 7069 opportunity for public comment. The use of materials described 7070 in this paragraph may not be selected, approved, or adopted as 7071 part of a consent agenda. 7072 3.Annually, beginning June 30, 2023, submit to the 7073 Commissioner of Education a report that identifies: 7074 a.Each material for which the school district received an 7075 objection pursuant to subparagraph (a)2. for the school year and 7076 the specific objections thereto. 7077 b.Each material that was removed or discontinued as a 7078 result of an objection. 7079 c.The grade level and course for which a removed or 7080 discontinued material was used, as applicable. 7081 7082 The department shall publish and regularly update a list of 7083 materials that were removed or discontinued as a result of an 7084 objection and disseminate the list to school districts for 7085 consideration in their selection procedures. 7086 Revisers note.Amended to confirm an editorial deletion to 7087 conform to context. 7088 Section 168.Paragraph (a) of subsection (5) of section 7089 1006.73, Florida Statutes, is amended to read: 7090 1006.73Florida Postsecondary Academic Library Network. 7091 (5)REPORTING. 7092 (a)By Beginning December 31, 2021, and each year 7093 thereafter, the host entity shall submit a report to the 7094 Chancellors of the State University System and the Florida 7095 College System regarding the implementation and operation of all 7096 components described in this section, including, but not limited 7097 to, all of the following: 7098 1.Usage information collected under paragraph (2)(c). 7099 2.Information and associated costs relating to the 7100 services and functions of the program. 7101 3.The implementation and operation of the automated 7102 library services. 7103 4.The number and value of grants awarded under paragraph 7104 (4)(d) and the distribution of those funds. 7105 5.The number and types of courses placed in the Student 7106 Open Access Resources Repository. 7107 6.Information on the utilization of the Student Open 7108 Access Resources Repository and utilization of open educational 7109 resources in course sections, by Florida College System 7110 institution and state university. 7111 Revisers note.Amended to delete obsolete language. 7112 Section 169.Paragraph (b) of subsection (1) of section 7113 1007.33, Florida Statutes, is amended to read: 7114 1007.33Site-determined baccalaureate degree access. 7115 (1) 7116 (b)For purposes of this section, the term district 7117 refers to the county or counties served by a Florida College 7118 System institution pursuant to s. 1000.21(5) 1000.21(3). 7119 Revisers note.Amended to conform to the reordering of 7120 definitions in s. 1000.21 by this act. 7121 Section 170.Subsection (5) of section 1008.24, Florida 7122 Statutes, is amended to read: 7123 1008.24Test administration and security; public records 7124 exemption. 7125 (5)Exceptional students with disabilities, as defined in 7126 s. 1003.01(9) 1003.01(3), shall have access to testing sites. 7127 The Department of Education and each school district shall adopt 7128 policies that are necessary to ensure such access. 7129 Revisers note.Amended to conform to the reordering of 7130 definitions in s. 1003.01 by this act. 7131 Section 171.Paragraph (b) of subsection (2) of section 7132 1008.47, Florida Statutes, is amended to read: 7133 1008.47Postsecondary education institution accreditation. 7134 (2)ACCREDITATION. 7135 (b)Once a public postsecondary institution is required to 7136 seek and obtain accreditation from an agency or association 7137 identified pursuant to paragraph (a), the institution shall seek 7138 accreditation from a regional accrediting agency or association 7139 and provide quarterly reports of its progress to the Board of 7140 Governors or State Board of Education, as applicable. If each 7141 regional accreditation agency or association identified pursuant 7142 to paragraph (a) has refused to grant candidacy status to an 7143 institution, the institution shall seek and obtain accreditation 7144 from any accrediting agency or association that is different 7145 from than its current accrediting agency or association and is 7146 recognized by the database created and maintained by the United 7147 States Department of Education. If a public postsecondary 7148 institution is not granted candidacy status before its next 7149 reaffirmation or fifth-year review date, the institution may 7150 remain with its current accrediting agency or association. 7151 Revisers note.Amended to confirm an editorial substitution to 7152 improve clarity. 7153 Section 172.Paragraph (c) of subsection (1) of section 7154 1009.21, Florida Statutes, is amended to read: 7155 1009.21Determination of resident status for tuition 7156 purposes.Students shall be classified as residents or 7157 nonresidents for the purpose of assessing tuition in 7158 postsecondary educational programs offered by charter technical 7159 career centers or career centers operated by school districts, 7160 in Florida College System institutions, and in state 7161 universities. 7162 (1)As used in this section, the term: 7163 (c)Institution of higher education means any charter 7164 technical career center as defined in s. 1002.34, career center 7165 operated by a school district as defined in s. 1001.44, Florida 7166 College System institution as defined in s. 1000.21(5) 7167 1000.21(3), or state university as defined in s. 1000.21(8) 7168 1000.21(6). 7169 Revisers note.Amended to conform to the reordering of 7170 definitions in s. 1000.21 by this act. 7171 Section 173.Subsection (6) of section 1009.286, Florida 7172 Statutes, is amended to read: 7173 1009.286Additional student payment for hours exceeding 7174 baccalaureate degree program completion requirements at state 7175 universities. 7176 (6)For purposes of this section, the term state 7177 university includes the institutions identified in s. 7178 1000.21(8) 1000.21(6) and the term Florida College System 7179 institution includes the institutions identified in s. 7180 1000.21(5) 1000.21(3). 7181 Revisers note.Amended to conform to the reordering of 7182 definitions in s. 1000.21 by this act. 7183 Section 174.Paragraph (c) of subsection (5) of section 7184 1009.89, Florida Statutes, is amended to read: 7185 1009.89The William L. Boyd, IV, Effective Access to 7186 Student Education grants. 7187 (5) 7188 (c)By September 1 of each year, institutions receiving 7189 funding as provided in the General Appropriations Act must 7190 submit an Effective Access to Student Education Grant Program 7191 Accountability Report to the Department of Education, in a 7192 format prescribed by the department. The report must use the 7193 most recently available information on Florida resident students 7194 and include, at a minimum, the following performance metrics, by 7195 institution: 7196 1.Access rate based upon percentage of Pell Grant-eligible 7197 Pell eligible students. 7198 2.Affordability rate based upon average student loan debt; 7199 federal, state, and institutional financial assistance; and 7200 average tuition and fees. 7201 3.Graduation rate. 7202 4.Retention rate. 7203 5.Postgraduate employment or continuing education rate. 7204 7205 The department shall recommend minimum performance standards 7206 that institutions must meet to remain eligible to receive grants 7207 pursuant to this section. Each eligible institution shall post 7208 prominently on its website, by October 1 of each year, its 7209 performance on these metrics, as reported to the department. 7210 Revisers note.Amended to confirm an editorial insertion to 7211 conform to the complete name of the federal grant offered 7212 to undergraduate students from low-income households. 7213 Section 175.Paragraph (c) of subsection (1) of section 7214 1009.895, Florida Statutes, is amended to read: 7215 1009.895Open Door Grant Program. 7216 (1)As used in this section, the term: 7217 (c)Institution means school district postsecondary 7218 technical career centers under s. 1001.44, Florida College 7219 System institutions under s. 1000.21(5) 1000.21(3), charter 7220 technical career centers under s. 1002.34, and school districts 7221 with eligible integrated education and training programs. 7222 Revisers note.Amended to conform to the reordering of 7223 definitions in s. 1000.21 by this act. 7224 Section 176.Paragraph (b) of subsection (2) and paragraph 7225 (c) of subsection (6) of section 1012.2315, Florida Statutes, 7226 are amended to read: 7227 1012.2315Assignment of teachers. 7228 (2)ASSIGNMENT TO SCHOOLS GRADED D or F. 7229 (b)1.A school district may assign an individual newly 7230 hired as instructional personnel to a school that has earned a 7231 grade of F in the previous year or any combination of three 7232 consecutive grades of D or F in the previous 3 years 7233 pursuant to s. 1008.34 if the individual: 7234 a.Has received an effective rating or highly effective 7235 rating in the immediate prior years performance evaluation 7236 pursuant to s. 1012.34; 7237 b.Has successfully completed or is enrolled in a teacher 7238 preparation program pursuant to s. 1004.04, s. 1004.85, or s. 7239 1012.56, or a teacher preparation program specified in State 7240 Board of Education rule, is provided with high quality mentoring 7241 during the first 2 years of employment, holds a certificate 7242 issued pursuant to s. 1012.56, and holds a probationary contract 7243 pursuant to s. 1012.335(2)(a); or 7244 c.Holds a probationary contract pursuant to s. 7245 1012.335(2)(a), holds a certificate issued pursuant to s. 7246 1012.56, and has successful teaching experience, and if, in the 7247 judgment of the school principal, students would benefit from 7248 the placement of that individual. 7249 2.As used in this paragraph, the term mentoring includes 7250 the use of student achievement data combined with at least 7251 monthly observations to improve the educators effectiveness in 7252 improving student outcomes. Mentoring may be provided by a 7253 school district, a teacher preparation program approved pursuant 7254 to s. 1004.04, s. 1004.85, or s. 1012.56, or a teacher 7255 preparation program specified in State Board of Education rule. 7256 7257 Each school district shall annually certify to the Commissioner 7258 of Education that the requirements in this subsection have been 7259 met. If the commissioner determines that a school district is 7260 not in compliance with this subsection, the State Board of 7261 Education shall be notified and shall take action pursuant to s. 7262 1008.32 in the next regularly scheduled meeting to require 7263 compliance. 7264 (6)ASSIGNMENT OF TEACHERS BASED UPON PERFORMANCE 7265 EVALUATIONS. 7266 (c)For a student enrolling in an extracurricular course as 7267 defined in s. 1003.01(11) 1003.01(15), a parent may choose to 7268 have the student taught by a teacher who received a performance 7269 evaluation of needs improvement or unsatisfactory in the 7270 preceding school year if the student and the students parent 7271 receive an explanation of the impact of teacher effectiveness on 7272 student learning and the principal receives written consent from 7273 the parent. 7274 Revisers note.Paragraph (2)(b) is amended to improve clarity. 7275 Paragraph (6)(c) is amended to conform to the reordering of 7276 definitions in s. 1003.01 by this act. 7277 Section 177.Except as otherwise expressly provided in this 7278 act and except for this section, which shall take effect July 1, 7279 2023, this act shall take effect on the 60th day after 7280 adjournment sine die of the session of the Legislature in which 7281 enacted.