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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A reviser's bill to be entitled 1
An act relating to the Florida Statutes; repealing ss. 2
14.2019(5), 112.0441, 119.071(1)(g), 193.1557, 3
197.3181, 197.3182, 197.3195, 216.181(11)(e), 220.27, 4
288.860(5), 327.4109(6), 338.165(3)(b), 381.00317, 5
420.0005(2), 627.749(3), 766.105, 796.07(5)(e), 6
943.0433, and 1001.212(11), F.S., and amending s. 7
409.908(2)(b), F.S., to delete provisions which have 8
become inoperative by noncurrent repeal or exp iration 9
and, pursuant to s. 11.242(5)(b) and (i), F.S., may be 10
omitted from the 2023 Florida Statutes only through a 11
reviser's bill duly enacted by the Legislature; 12
amending ss. 194.032, 381.00318, 1001.10, 1002.351, 13
1002.82, 1003.25, 1006.07, and 1006.149 3, F.S., to 14
conform to changes made by this act; providing an 15
effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Subsection (5) of section 14.2019, Florida 20
Statutes, is repealed. 21
Reviser's note.—The cited subsection, which relates to the First 22
Responders Suicide Deterrence Task Force, was repealed 23
pursuant to its own terms, effective July 1, 2023. 24
Section 2. Section 112.0441, Florida Statutes, is 25
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repealed. 26
Reviser's note.—The cited section, which relates to prohibition 27
on public employee COVID -19 vaccination mandates, expired 28
pursuant to its own terms, effective June 1, 2023. 29
Section 3. Paragraph (g) of subsection (1) of section 30
119.071, Florida Statutes, is repealed. 31
Reviser's note.—The cited paragraph, which relates to 32
confidentiality and exemption from public records 33
requirements of United States Census Bureau address 34
information, agency records that verify addresses, and 35
agency records identifying address errors or information, 36
held by an agency pursua nt to the Local Update of Census 37
Addresses Program authorized under 13 U.S.C. s. 16, was 38
repealed pursuant to its own terms, effective October 2, 39
2023. 40
Section 4. Section 193.1557, Florida Statutes, is 41
repealed. 42
Reviser's note.—The cited section, which relates to assessment 43
of certain property damaged or destroyed by Hurricane 44
Michael, was repealed pursuant to its own terms, effective 45
December 31, 2023. 46
Section 5. Section 197.3181, Florida Statutes, is 47
repealed. 48
Reviser's note.—The cited section, wh ich relates to refund of 49
taxes for residential improvements rendered uninhabitable 50
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by Hurricane Ian or Hurricane Nicole, expired pursuant to 51
its own terms, effective January 1, 2024. 52
Section 6. Section 197.3182, Florida Statutes, is 53
repealed. 54
Reviser's note.—The cited section, which relates to tax 55
deadlines for real property destroyed or rendered 56
uninhabitable by Hurricane Ian or Hurricane Nicole, expired 57
pursuant to its own terms, effective January 1, 2024. 58
Section 7. Section 197.3195, Florida Stat utes, is 59
repealed. 60
Reviser's note.—The cited section, which relates to abatement of 61
ad valorem taxes and non -ad valorem assessments following 62
destruction caused by a sudden and unforeseen collapse, was 63
repealed pursuant to its own terms, effective December 31, 64
2023. 65
Section 8. Paragraph (e) of subsection (11) of section 66
216.181, Florida Statutes, is repealed. 67
Reviser's note.—The cited paragraph, which relates to approval 68
of budget amendments to increase the approved operating 69
budgets for nonrecurring op erational and fixed capital 70
outlay expenditures of a state agency or an entity of the 71
judicial branch when it is deemed necessary to offset cost 72
increases driven by inflation, for the 2022 -2023 fiscal 73
year only, expired pursuant to its own terms, effective 74
July 1, 2023. 75
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Section 9. Section 220.27, Florida Statutes, is repealed. 76
Reviser's note.—The cited section, which relates to additional 77
required taxpayer information, was repealed pursuant to its 78
own terms, effective January 1, 2023. 79
Section 10. Subsection (5) of section 288.860, Florida 80
Statutes, is repealed. 81
Reviser's note.—The cited subsection, which prohibits agreements 82
with or acceptance of a grant from the Russian Federation 83
by state agencies, political subdivisions, public schools, 84
state colleges, or state universities, for the 2022 -2023 85
fiscal year only, expired pursuant to its own terms, 86
effective July 1, 2023. 87
Section 11. Subsection (6) of section 327.4109, Florida 88
Statutes, is repealed. 89
Reviser's note.—The cited subsection, which relat es to a study 90
of the impacts of long -term stored vessels on local 91
communities and this state, expired pursuant to its own 92
terms, effective January 1, 2024. 93
Section 12. Paragraph (b) of subsection (3) of section 94
338.165, Florida Statutes, is repealed. 95
Reviser's note.—The cited paragraph, which prohibits toll rate 96
adjustments for inflation for the 2022 -2023 fiscal year, 97
expired pursuant to its own terms, effective July 1, 2023. 98
Section 13. Section 381.00317, Florida Statutes, is 99
repealed. 100
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Reviser's note.—The cited section, which relates to prohibition 101
of private employer COVID -19 vaccination mandates, expired 102
pursuant to its own terms, effective June 1, 2023. 103
Section 14. Paragraph (b) of subsection (2) of section 104
409.908, Florida Statutes, is amend ed to read: 105
409.908 Reimbursement of Medicaid providers. —Subject to 106
specific appropriations, the agency shall reimburse Medicaid 107
providers, in accordance with state and federal law, according 108
to methodologies set forth in the rules of the agency and in 109
policy manuals and handbooks incorporated by reference therein. 110
These methodologies may include fee schedules, reimbursement 111
methods based on cost reporting, negotiated fees, competitive 112
bidding pursuant to s. 287.057, and other mechanisms the agency 113
considers efficient and effective for purchasing services or 114
goods on behalf of recipients. If a provider is reimbursed based 115
on cost reporting and submits a cost report late and that cost 116
report would have been used to set a lower reimbursement rate 117
for a rate semester, then the provider's rate for that semester 118
shall be retroactively calculated using the new cost report, and 119
full payment at the recalculated rate shall be effected 120
retroactively. Medicare -granted extensions for filing cost 121
reports, if applicable, shall also apply to Medicaid cost 122
reports. Payment for Medicaid compensable services made on 123
behalf of Medicaid-eligible persons is subject to the 124
availability of moneys and any limitations or directions 125
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provided for in the General Appropriations Act or c hapter 216. 126
Further, nothing in this section shall be construed to prevent 127
or limit the agency from adjusting fees, reimbursement rates, 128
lengths of stay, number of visits, or number of services, or 129
making any other adjustments necessary to comply with the 130
availability of moneys and any limitations or directions 131
provided for in the General Appropriations Act, provided the 132
adjustment is consistent with legislative intent. 133
(2) 134
(b) Subject to any limitations or directions in the 135
General Appropriations Act, t he agency shall establish and 136
implement a state Title XIX Long -Term Care Reimbursement Plan 137
for nursing home care in order to provide care and services in 138
conformance with the applicable state and federal laws, rules, 139
regulations, and quality and safety st andards and to ensure that 140
individuals eligible for medical assistance have reasonable 141
geographic access to such care. 142
1. The agency shall amend the long -term care reimbursement 143
plan and cost reporting system to create direct care and 144
indirect care subcomponents of the patient care component of the 145
per diem rate. These two subcomponents together shall equal the 146
patient care component of the per diem rate. Separate prices 147
shall be calculated for each patient care subcomponent, 148
initially based on the Septem ber 2016 rate setting cost reports 149
and subsequently based on the most recently audited cost report 150
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used during a rebasing year. The direct care subcomponent of the 151
per diem rate for any providers still being reimbursed on a cost 152
basis shall be limited by t he cost-based class ceiling, and the 153
indirect care subcomponent may be limited by the lower of the 154
cost-based class ceiling, the target rate class ceiling, or the 155
individual provider target. The ceilings and targets apply only 156
to providers being reimbursed on a cost-based system. Effective 157
October 1, 2018, a prospective payment methodology shall be 158
implemented for rate setting purposes with the following 159
parameters: 160
a. Peer Groups, including: 161
(I) North-SMMC Regions 1-9, less Palm Beach and Okeechobee 162
Counties; and 163
(II) South-SMMC Regions 10-11, plus Palm Beach and 164
Okeechobee Counties. 165
b. Percentage of Median Costs based on the cost reports 166
used for September 2016 rate setting: 167
(I) Direct Care Costs ................... 100 percent. 168
(II) Indirect Care Costs ................. 92 percent. 169
(III) Operating Costs .................... 86 percent. 170
c. Floors: 171
(I) Direct Care Component ................ 95 percent. 172
(II) Indirect Care Component ........... 92.5 percent. 173
(III) Operating Component ...................... None. 174
d. Pass-through Payments ............. Real Estate and 175
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Personal Property 176
Taxes and Property Insurance. 177
e. Quality Incentive Program Payment 178
Pool 10 percent of September 179
2016 non-property related 180
payments of included facilities. 181
f. Quality Score Threshold to Quality for Quality 182
Incentive Payment ................................ ..... 20th 183
percentile of included facilities. 184
g. Fair Rental Value System Payment Parameters: 185
(I) Building Value per Square Foot based on 2018 RS Means. 186
(II) Land Valuation 10 percent of Gross Building value. 187
(III) Facility Square Footage .. Actual Square Footage. 188
(IV) Movable Equipment Allowance ..... $8,000 per bed. 189
(V) Obsolescence Factor ................. 1.5 percent. 190
(VI) Fair Rental Rate of Return ........... 8 percent. 191
(VII) Minimum Occupancy .................. 90 percent. 192
(VIII) Maximum Facility Age ................ 40 years. 193
(IX) Minimum Square Footage per Bed .............. 350. 194
(X) Maximum Square Footage for Bed ............... 500. 195
(XI) Minimum Cost of a renovation/replacements $500 per 196
bed. 197
h. Ventilator Supplemental payment of $200 per Medicaid 198
day of 40,000 ventilator Medicaid days per fiscal year. 199
2. The direct care subcomponent shall include salaries and 200
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benefits of direct care staff providing nursing services 201
including registered nurses, licensed practical nurses, and 202
certified nursing assistants who deliver care directly to 203
residents in the nursing home facility, allowable therapy costs, 204
and dietary costs. This exclu des nursing administration, staff 205
development, the staffing coordinator, and the administrative 206
portion of the minimum data set and care plan coordinators. The 207
direct care subcomponent also includes medically necessary 208
dental care, vision care, hearing car e, and podiatric care. 209
3. All other patient care costs shall be included in the 210
indirect care cost subcomponent of the patient care per diem 211
rate, including complex medical equipment, medical supplies, and 212
other allowable ancillary costs. Costs may not b e allocated 213
directly or indirectly to the direct care subcomponent from a 214
home office or management company. 215
4. On July 1 of each year, the agency shall report to the 216
Legislature direct and indirect care costs, including average 217
direct and indirect care costs per resident per facility and 218
direct care and indirect care salaries and benefits per category 219
of staff member per facility. 220
5. Every fourth year, the agency shall rebase nursing home 221
prospective payment rates to reflect changes in cost based on 222
the most recently audited cost report for each participating 223
provider. 224
6. A direct care supplemental payment may be made to 225
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providers whose direct care hours per patient day are above the 226
80th percentile and who provide Medicaid services to a larger 227
percentage of Medicaid patients than the state average. 228
7. For the period beginning on October 1, 2018, and ending 229
on September 30, 2021, the agency shall reimburse providers the 230
greater of their September 2016 cost -based rate or their 231
prospective payment rate . Effective October 1, 2021, the agency 232
shall reimburse providers the greater of 95 percent of their 233
cost-based rate or their rebased prospective payment rate, using 234
the most recently audited cost report for each facility. This 235
subparagraph shall expire Se ptember 30, 2023. 236
7.8. Pediatric, Florida Department of Veterans Affairs, 237
and government-owned facilities are exempt from the pricing 238
model established in this subsection and shall remain on a cost -239
based prospective payment system. Effective October 1, 2 018, the 240
agency shall set rates for all facilities remaining on a cost -241
based prospective payment system using each facility's most 242
recently audited cost report, eliminating retroactive 243
settlements. 244
245
It is the intent of the Legislature that the reimbursement plan 246
achieve the goal of providing access to health care for nursing 247
home residents who require large amounts of care while 248
encouraging diversion services as an alternative to nursing home 249
care for residents who can be served within the community. The 250
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agency shall base the establishment of any maximum rate of 251
payment, whether overall or component, on the available moneys 252
as provided for in the General Appropriations Act. The agency 253
may base the maximum rate of payment on the results of 254
scientifically valid analysis and conclusions derived from 255
objective statistical data pertinent to the particular maximum 256
rate of payment. The agency shall base the rates of payments in 257
accordance with the minimum wage requirements as provided in the 258
General Appropriations Act. 259
Reviser's note.—Amended to conform to the expiration of 260
subparagraph 7. pursuant to its own terms, effective 261
September 30, 2023. 262
Section 15. Subsection (2) of section 420.0005, Florida 263
Statutes, is repealed. 264
Reviser's note.—The cited subsection, which relates to use of 265
funds relating to the State Housing Trust Fund and the 266
State Housing Fund for the 2022 -2023 fiscal year, expired 267
pursuant to its own terms, effective July 1, 2023. 268
Section 16. Subsection (3) of section 627.749, Florida 269
Statutes, is repealed. 270
Reviser's note.—The cited subsection, which relates to 271
additional insurance coverage requirements for autonomous 272
vehicles, was repealed pursuant to its own terms, effective 273
January 1, 2024. 274
Section 17. Section 766.105, Florida Statutes, is 275
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repealed. 276
Reviser's note.—The cited section, which relates to the Florida 277
Patient's Compensation fund, was repealed pursuant to its 278
own terms, effective January 1, 2024. 279
Section 18. Paragraph (e) of subsection (5) of section 280
796.07, Florida Statutes, is repealed. 281
Reviser's note.—The cited paragraph, which relates to the 282
Soliciting for Prostitution Public Database, was repealed 283
pursuant to its own terms, effective January 1, 2024. 284
Section 19. Section 943.0433, Florida Statutes, is 285
repealed. 286
Reviser's note.—The cited section, which creates the Soliciting 287
for Prostitution Public Database, was repealed pursuant to 288
its own terms, effective January 1, 2024. 289
Section 20. Subsection (11) of section 1001.212, Florida 290
Statutes, is repealed. 291
Reviser's note.—The cited subsection, which relates to a School 292
Hardening and Harm Mitigation Workgroup, was repealed 293
pursuant to its own terms, effective June 30, 2023. 294
Section 21. Paragraph (b) of subsection ( 1) of section 295
194.032, Florida Statutes, is amended to read: 296
194.032 Hearing purposes; timetable. — 297
(1) 298
(b) Notwithstanding the provisions of paragraph (a), the 299
value adjustment board may meet prior to the approval of the 300
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assessment rolls by the Depart ment of Revenue, but not earlier 301
than July 1, to hear appeals pertaining to the denial by the 302
property appraiser of exemptions, tax abatements under s. 303
197.3195, tax refunds under s. ss. 197.3181 and 197.319, 304
agricultural and high -water recharge classifica tions, 305
classifications as historic property used for commercial or 306
certain nonprofit purposes, and deferrals under subparagraphs 307
(a)2., 3., and 4. In such event, however, the board may not 308
certify any assessments under s. 193.122 until the Department of 309
Revenue has approved the assessments in accordance with s. 310
193.1142 and all hearings have been held with respect to the 311
particular parcel under appeal. 312
Reviser's note.—Amended to conform to the repeal of ss. 197.3181 313
and 197.3195 by this act. 314
Section 22. Subsection (1) of section 381.00318, Florida 315
Statutes, is amended to read: 316
381.00318 Complaints and investigations regarding mandate 317
prohibitions; public records exemption. — 318
(1) A complaint alleging a business entity's, a 319
governmental entity's, or an educational institution's violation 320
of s. 381.00316, s. 381.00317, or s. 381.00319, and all 321
information relating to an investigation of such complaint, held 322
by the Department of Legal Affairs or the Department of Health 323
is confidential and exempt from s. 1 19.07(1) and s. 24(a), Art. 324
I of the State Constitution until the investigation is completed 325
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or ceases to be active. For purposes of this section, an 326
investigation is considered "active" while such investigation is 327
being conducted by the Department of Lega l Affairs or the 328
Department of Health with a reasonable good faith belief that it 329
may lead to a determination of whether there was a violation of 330
s. 381.00316, s. 381.00317, or s. 381.00319. An investigation 331
does not cease to be active if the Department of Legal Affairs 332
or the Department of Health is proceeding with reasonable 333
dispatch and there is a good faith belief that action may be 334
initiated by the Department of Legal Affairs or the Department 335
of Health. 336
Reviser's note.—Amended to conform to the repeal of s. 381.00317 337
by this act. 338
Section 23. Subsection (9) of section 1001.10, Florida 339
Statutes, is amended to read: 340
1001.10 Commissioner of Education; general powers and 341
duties.— 342
(9) The commissioner shall review the report of the School 343
Hardening and Harm Mitigation Workgroup regarding hardening and 344
harm mitigation strategies and recommendations submitted by the 345
Office of Safe Schools, pursuant to s. 1001.212(11). By 346
September 1, 2020, the commissioner shall submit a summary of 347
such recommendations to the Governor, the President of the 348
Senate, and the Speaker of the House of Representatives. 349
Reviser's note.—Amended to conform to the repeal of s. 350
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1001.212(11) by this act and to delete obsolete material. 351
Section 24. Paragraph (b) of subsection (2) of section 352
1002.351, Florida Statutes, is amended to read: 353
1002.351 The Florida School for Competitive Academics. — 354
(2) MISSION.— 355
(b) To assist in the recruitment of students, the Florida 356
School for Competitive Academics must be included in the school 357
choice online portal established under s. 1001.10(9) 358
1001.10(10). The portal must include information about the 359
opportunity for parents to submit their child's educational 360
records to the Florida School for Competitive Academics for 361
consideration for admis sion. 362
Reviser's note.—Amended to conform to the repeal of s. 363
1001.10(9) by this act. 364
Section 25. Paragraph (q) of subsection (2) of section 365
1002.82, Florida Statutes, is amended to read: 366
1002.82 Department of Education; powers and duties. — 367
(2) The department shall: 368
(q) Establish a single statewide information system that 369
each coalition must use for the purposes of managing the single 370
point of entry, tracking children's progress, coordinating 371
services among stakeholders, determining eligibility of 372
children, tracking child attendance, and streamlining 373
administrative processes for providers and early learning 374
coalitions. By July 1, 2019, the system, subject to ss. 1002.72 375
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and 1002.97, shall: 376
1. Allow a parent to find early learning programs online, 377
including the performance profile under s. 1002.92(3)(a) which 378
must be integrated into the online portal under s. 1001.10(9) 379
1001.10(10). 380
2. Allow a parent to monitor the development of his or her 381
child as the child moves among programs within the state. 382
3. Enable analysis at the state, regional, and local level 383
to measure child growth over time, program impact, and quality 384
improvement and investment decisions. 385
Reviser's note.—Amended to conform to the repeal of s. 386
1001.10(9) by this act. 387
Section 26. Paragraph (a) of subsection (2) of section 388
1003.25, Florida Statutes, is amended to read: 389
1003.25 Procedures for maintenance and transfer of student 390
records.— 391
(2) The procedure for transferring and maintaining records 392
of students who transfer from sc hool to school is prescribed by 393
rules of the State Board of Education. The transfer of records 394
must occur within 5 school days. The records must include, if 395
applicable: 396
(a) Verified reports of serious or recurrent behavior 397
patterns, including any threat assessment report, all 398
corresponding documentation, and any other information required 399
by the Florida-specific behavioral threat assessment instrument 400
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pursuant to s. 1001.212(11) 1001.212(12) which contains the 401
evaluation, intervention, and management of t he threat 402
assessment evaluations and intervention services. 403
Reviser's note.—Amended to conform to the repeal of s. 404
1001.212(11) by this act. 405
Section 27. Paragraphs (a), (d), and (i) of subsection (7) 406
of section 1006.07, Florida Statutes, are amended to read: 407
1006.07 District school board duties relating to student 408
discipline and school safety. —The district school board shall 409
provide for the proper accounting for all students, for the 410
attendance and control of students at school, and for proper 411
attention to health, safety, and other matters relating to the 412
welfare of students, including: 413
(7) THREAT MANAGEMENT TEAMS. —Each district school board 414
and charter school governing board shall establish a threat 415
management team at each school whose duties includ e the 416
coordination of resources and assessment and intervention with 417
students whose behavior may pose a threat to the safety of the 418
school, school staff, or students. 419
(a) Upon the availability of a statewide behavioral threat 420
management operational proce ss developed pursuant to s. 421
1001.212(11) 1001.212(12), all threat management teams shall use 422
the operational process. 423
(d) Upon the availability of the Florida -specific 424
behavioral threat assessment instrument developed pursuant to s. 425
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1001.212(11) 1001.212(12), all threat management teams shall use 426
that instrument when evaluating the behavior of students who may 427
pose a threat to the school, school staff, or students and to 428
coordinate intervention and services for such students. 429
(i) The threat management t eam shall prepare a threat 430
assessment report required by the Florida -specific behavioral 431
threat assessment instrument developed pursuant to s. 432
1001.212(11) 1001.212(12). A threat assessment report, all 433
corresponding documentation, and any other information required 434
by the Florida-specific behavioral threat assessment instrument 435
in the threat management portal is an education record. 436
Reviser's note.—Amended to conform to the repeal of s. 437
1001.212(11) by this act. 438
Section 28. Paragraph (b) of subsection ( 2) of section 439
1006.1493, Florida Statutes, is amended to read: 440
1006.1493 Florida Safe Schools Assessment Tool. — 441
(2) The FSSAT must help school officials identify threats, 442
vulnerabilities, and appropriate safety controls for the schools 443
that they supervise, pursuant to the security risk assessment 444
requirements of s. 1006.07(6). 445
(b) The department shall require by contract that the 446
security consulting firm: 447
1. Generate written automated reports on assessment 448
findings for review by the department and school and district 449
officials; 450
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2. Provide training to the department and school officials 451
in the use of the FSSAT and other areas of importance identified 452
by the department; and 453
3. Advise in the development and implementation of 454
templates, formats, guidance, and other resources necessary to 455
facilitate the implementation of this section at state, 456
district, school, and local levels .; and 457
4. Review recommendations of the School Hardening and Harm 458
Mitigation Workgroup established under s. 1001.212(11 ) to 459
address physical security measures identified by the FSSAT. 460
Reviser's note.—Amended to conform to the repeal of s. 461
1001.212(11) by this act. 462
Section 29. This act shall take effect on the 60th day 463
after adjournment sine die of the session of the Le gislature in 464
which enacted. 465